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Home My WebLink About941597.tiff X / 6 IT loo 6 / -9 _ 6c) _ p (i an ipc}LA //7 Cain-� 941597 REFERRAL LIST NAME: Ivar and Donna Larson CASE NUMBER: S-349 REFERRALS SENT: November 19, 1993 REFERRALS TO BE RECEIVED BY: December 3, 1993 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department ____Brighton X Extension Service _Broomfield Emergency Management Office _ _ Dacono X Sheriff' s Office _Eaton _Engineering _Erie Housing Authority _ _ Evans _Airport Authority ____Firestone Building Inspection _Fort Lupton _Frederick STATg _Garden City X Division of Water Resources _Gilcrest X Geological Survey ____Greeley _Department of Health ____Grover X Department of Transportation Hudson _Historical Society X Johnstown Water Conservation Board ____Keenesburg X Oil and Gas Conservation Commission _Kersey X Division of Wildlife _La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont —R--Berthoud F-2 _Mead Briggsdale F-24 _Milliken Brighton F-3 New Raymer _ _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce _Hudson F-7 _Platteville X Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 _Windsor _ Milliken F-11 _ _Nunn F-12 COUNTIES _Pawnee F-22 _Adams _Platteville F-13 Boulder Platte Valley F-14 X Larimer _ Poudre Valley F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 XUS Army Corps of Engineers Windsor/Severance F-17 _ _ USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton _ Panhandle Eastern Pipe Line Co. X Fort Collins _ Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi 3 9402 ',2 410 Hi' k, Alm DEPARTMENT OF PLANNING SERVICES PHONE !303)353.3845. EXT. 3540 NiuWELD COUNTY ADMINISTRATIVE OFFICES 140C. N. ORAOAVENUE 631 GREELEY, COLORADO 8G631 COLORADO November 19, 1993 CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 940262. \k\. DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3945, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 19, 1993 Ivar and Donna Larson 925 N. County Line Road, Route 1 Berthoud, CO 80513 Subject: S-349 - Request for approval of Minor Subdivision Final Plat (White Tail Estates #2) on a parcel of land described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs . Larson: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, December 21, 1993, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, December 16, 1993 , at 10:00 a.m. This meeting will take place in the Department of Planning Service's Conference Room, Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is recommended that you or your representative be in attendance at each of the meetings described above in order to answer any questions that might arise about your application. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to December 6, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than December 10, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. CXf//8/r 940262 Ivar and Donna Larson November 19, 1993 Page 2 If you have any questions concerning this matter, please call or visit our office. Sincerely, ML�/� 7)Cr1:1/44-eala ) Monica Daniels-Mika Current Planner MDM/sfr 940262 DATE: December 21, 1993 CASE NUMBER: S-349 and S-350 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Road, Route 1, Berthoud, CO 80513 REQUEST: Minor Subdivision Final Plat (Whitetail #1 and Whitetail #/2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R6SW of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 1/2 miles southwest of Johnstown City limits. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services' staff that the applicants have not shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: The proposed Minor Subdivision Final Plat is not consistent with the Weld County Comprehensive Plan and is not compatible with the surrounding area of rural residences and agricultural uses. This property is zoned A (Agricultural) . The Agricultural zone district was established to maintain and preserve the agricultural base of the County. This proposal will take 191 acres of farm land out of production. The Comprehensive Plan attempts to minimize the incompatibilities that occur between agricultural and urban uses, and this request will not only increase incompatible uses, but it will make current farming practices in the area far more difficult. The Comprehensive Plan discourages the conversion of agricultural land to urban uses. This policy is intended to promote the use of agricultural land and to support a phased growth plan in the County. While low density single-family residential developments have been permitted in the area it is not a policy which is encouraged by the Comprehensive plan. The potential for increased interference with the neighboring rural uses is probable. Additionally, maximum efficiency and economy cannot be achieved because the cost of this development will be far greater for the general public than any revenues generated by this development. EA# 16iT- 940262 RECOMMENDATION, 5-349 Ivar and Donna Larson Page 2 The Weld County Comprehensive Plan encourages minimizing the costs to taxpayers but providing additional public services in rural areas for uses that require services on an urban level. Police and fire protection as well as public road maintenance provided to non-urban areas becomes increasingly less cost effective as rural areas continue to be subdivided. There are four soil types located on this site three of which are identified as prime farmland if irrigated with adequate water. Two of these soils, Nunn Clay Loam 1-3% slope, and Weld Loam 3-5% slope are considered to have high potential for dry crop land as well. These soils have been further classified as "farmlands of statewide importance. " (U.S. Department of Agricultural Soil Conservation Service) September 7, 1993. It is not the policy of the Comprehensive Plan to convert these farmlands into urban uses. These lands are more than adequate for farm production. The current general use of the surrounding area is agricultural. The Centennial Farm is located close to this site. The scale and density of this proposal far exceeds the current nature of the area. Based on census data this site will generate 34 additional people in this area. With an increase in density, noise levels, and traffic generated, the general overall appearance of this area will change from rural to urban. The applicants are proposing to subdivide 191 acres of farmland into 12 acreages with an average lot size of 15 acres, more or less. However, in a previous application (Mountain View) the applicants stated the difficulties they were having in farming their 25 acre farm. Staff is concerned with this contradiction, if they are not able to adequately farm their small farm then how will the owner of Whitetail lots be able to farm similar size lots. This proposal does not encourage the preservation of agricultural uses in Weld County. Staff has received verbal opposition to this request and 11 letters of clarification. The surrounding property owners are concerned about preserving their rural lifestyle, the impact this development will have on their present farming practices, and the increase in density this subdivision will produce. This recommendation for denial is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, responses from referral entities, and several conversations with surrounding property owners in opposition to this request. 940262 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS Ivar and Donna Larson S-350 Chester Cresswell and Company, et al. 2009 Ponderosa Drive Loveland, CO 80537 Clifford, Baird and Katherine Betz 20166 1-25 Access Road Berthoud, CO 80516 Frances Rutt 4521 Weld County Road 44 Berthoud, CO 80513 Roger and Francis Steinke 4686 Weld County Road 46 Berthoud, CO 80513 Michael and Barbara Soleta 4912 Weld County Road 46 Berthoud, CO 80513 Colleen, Bryant, and Peggy Root, Trustees 4968 Weld County Road 46 Berthoud, CO 80513 Northwest Bank Denver, Trustee c/o Real Estate Investments (Purdy Trust) 1700 Broadway Denver, CO 80274 R.B. Fickel 20406 N. 141st Drive Sun City West, AZ 85375-5536 Albert and Lorraine Michall 643 W. 10th Street Loveland, CO 80537 Florin and Sally Schlautman 14417 N. 6th Street Phoenix, AZ 85022 r- ep 940262 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS Ivar and Donna Larson S-350, Page 2 Ivar and Donna Larson, Tenants in Common 925 N. County Line Road, Route 1 Berthoud, CO 80513 Ray K. and Mary F. Davis as Joint Tenants 8470 Weld County Road 24 Ft. Lupton, CO 80621 Mary F. Wyscaver 3880 Vanteylingen, #317 Colorado Springs, CO 80917 John Q. Moses, aka Jack Mose 2716 South Golden Way Denver, CO 80227 M.R. Diggs (Marshall R. Diggs, Jr.) 3981 South Dexter Street Englewood, CO 80110 Gerrity Oil and Gas Corporation 4100 East Mississippi Avenue, Suite 1200 Denver, CO 80222 940262 AriDEPARTMENT OF PLANNING SERVICES PHONE (303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEYEY, COLORADO 80631 COLORADO DATE: November 19, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-349 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 21, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Ivar and Donna Larson FOR: A Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) for 6 lots. LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the P.M. , Weld County, Colorado. LOCATION: Approximately 2-1/2 miles southwest of the Town of Johnstown. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Monica Daniels-Mika, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940262 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Numbers S-349 and S-350 for Ivar and Donna Larson in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23rd day of November, 1993. \PAWYORCP 940262 EE .. r)"' i» J-yam _ rr sa ,ern' _ \ ^ / •t/ :4.... 50 'cr.'s'''. 71 ▪i� 5/ @1 j 9 I % •� • First \ 'correct .-. ^�.i��i•• Win• ""•'61 „ �� •••• is '' • • STOLN • • 'R �'*6 -PM )- atl *I"48 =• 4. -� _ „ •,.. .. r- D y r n4: .:..a• .,::. �t� • i t� c 9 • / '' 4.6 U 0 — ..°c a. • • - c . �� A 4-- ) . /r • T m ] „ rj a •. 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I O/9 fallt %-3/4t.,4-Tie " ",'ii ; !�$,s is V4 ?Y ,'+P e jy " 4 4 • !ti K Y 01 i nT, y "s" ,y ,��,{}mss F„ ' • • —_ locget Imo . Al .. ... 1 -i • IY I 111 i.41 7it. Tec •4 • �` 1 .spytighilLjelift t IIII _ • _ 262-. " $ AMA + ' ,-;-.*, ', r;.. n 41:(cir 44.119 DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3945, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 21, 1993, at 1:30 p.m. for the purpose of considering a Final Plat for a Minor Subdivision for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Ivar and Donna Larson LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Final Plat for a Minor Subdivision (White Tail Estates #2, for 6 lots) in the A (Agricultural) zone district. LOCATION: Approximately 2-1/2 miles southwest of the Town of Johnstown. SIZE: 86.92 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 21, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) ti e by November 25, 1993 Received by: /AL , Date: "7l g 940262 NOTICE OF PUBLIC Walla The Weld County AFFIDAVIT OF PUBLICATION Planning Commission hold publichosting STATE OF COLORADO on Tuesday, 21, 1903,at 1:30 p.m. 55 for the purpose or COUNTY OF WELD considering a Final Plat bra Minor Subdivision I, KEITH F_ANSEN, of said County of Weld, being duly for the property described below. sworn, say that I am publisher of d Approval of the request way create a vested WINDSOR BEACON property right pursuant b Colorado law. a weekly newspaper having a general circulation in said APPLICANT: Ives and County and State, published in the town of WLD'DSOR, Donna Larson in said County and State; and that the notice, of which LEGAL DESCRIPTION: the annexed is a rue copy, has been published in said Panel the E2 of Seala weekly for__successive weeks, that the notice 14,T4N, RBBW of the was published in the regular and entire issue of every ah P.M., Weld County, number of the paper during the period and time of Colorado. publication, and in the newspaper proper and not in a TYPE AND INTENSITY supplement, and that the first publication of said notice OF PROPOSED USE: was in said paper bearing the date of the Final Plat for a Minor Subdivision(White Tail at Soda Eases 6■#2, lots)in y of /7 n r.�,�.'�r...-G-c i. , A.D., 19 93 and the A(Agricultural)zone the last publication bearing the date of the LOCATION : day of , A.D., 19 and Approximately 2't12 that the said V.T.NDSOR BEACON has been published miles southwest of the continuously and uninterruptedly for the period of 5 Toren of Johnstown' consecutive weeks, in said County and State, prior to the SIZE:86.92 acres,more data of first publication of said notice, and the same is a or l• newspaper within the meaning of an Act to regulate The public hearing wig printing of legal notices an advertisements, approved be held in the Weld May 18, 1931,1,{wand all pr ior sr as in force. Fotnty ieswnanty '�Z;/�.( Nearing Room, First Flea, Weld County Centennial Center, 915 Tenth Sent, Greeley, P USHER Colorado.Comments or abve request ated noud Subscribed and sworn to before me this �G7:4 day be submined in writing Of Sn,cl.-.0 to the Weld County Ot n or. mot„ aprorwm of Planning etd�/ .BX ,/f/Ltti.rhn Services, 1400 N. 17th Avenue, Greeley, NOTARY PUBLIC Colorado 80631, before the etas date or My commission expires Ly �. ,cg€ presented at the public C/ / hearing on December 21,1093. Copies of the application we available for public Inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado D -� 80691 - Phone - 3616,Extension 3540. ] Judy Yamaguchi, N0V / 3 199 Chairperson, Weld Carry Planning Ctanttirbn 'Nnlrt rountJ Planning Published In the - Windsor Beason on Nevaat a, • ilia. 940262 LAND-USE APPLICATION SUMMARY SHEET Date: December 10, 1993 CASE NUMBER: S-349 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Line Road, Route #1 Berthoud, CO 80513 REQUEST: A Final Plat for a Minor Subdivision (Whitetail Acres #2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2. 5 miles southwest of the Town of Johnstown. SIZE OF PARCEL: 86.92 acres, more or less. NUMBER OF PARCELS: 6 parcels POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Colorado Oil and Gas Conservation Commission 2. Colorado Division of Wildlife 3. Town of Johnstown 4. Weld County Sheriff's Office 5. Weld County Extension Office 6. Johnstown Fire Protection District 7. Weld County Health Department 8. Weld County Engineering Department The Department of Planning Services' staff has not received referral responses from: 1. Weld County Attorney 2. Division of Water Resources 3. Colorado Geological Survey 4. Colorado Department of Transportation 5. Latimer County 6. U.S. Army Corps of Engineers 7. Ft. Collins Soil Conservation District Additional referral response received: Intermill Land Surveying The Department of Planning Services' staff not received several verbal objections from surrounding property owners. EX/O6 iT 940262 FIELD CHECK FILING NUMBER: S-349 DATE OF INSPECTION: /7/3'1/ ?3 APPLICANT'S NAME: Ivar and Donna Larson CURRENT PLANNER: Monica Daniels-Mika REQUEST: A Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates //2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2--1/2r miles southwest of the Town of Johnstown. LAND USE: N /ck Sys; /(4 W /-(G/ ' Lam ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) WQ�A (Agricultural) s /� _y- J CO TS Corn i^vrnl�kv / (T 1 ( G!/le ro WJ 1L1/`2br� c9,41cLarwte DEC 0 1 1993 11 L U Wahl County Planning // 940262 ,ii , va,,, , \` I �(' T OF PLANNING SERVICES Dl__@_� PHONE (303)3533645, E;CT. 3540 NOV 3 0 1993 COUNTYAINISTRATIVE CFFiCESt II,I �+'� ^: p '-�" (IC 1400 N. 17TH AVENUE •: ; S��':- GREELEY, CCLCP.ACC 30631 ': : • 'WO Fourth!Planning COLORADO November 19, 1993 CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.K. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our We interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. , Please refer to the enclosed letter. r Signed:fV.�+/L9 // 4,,s,� Agency: )ei I M � 1-Ow Date: 1\Izl-► I gx/-n/s// /cR 940262 Ant C MENT OF PLANNING SERVICES 3 1993 PHCNE (303)3533845, EXT. 3540 NOS' g WELD COUNTY ADMINISTRATIVE CFFiCES 1400 N. 17TH AVENUE VI i *kWPitt!ri3Q1A11g GREEL EY, COLORADO 50631 • COLORADO November 19, 1993 CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. v We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. P e/se efer to the enclosed letter. Signed: ,(� Agency: S H-ct-r ' Lc Date: I .2 EXHrn lr /3 940262 cfr1/4\rf VW' 115; DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845. EXT. 3540 • WELD COUNTY ADMINISTRATIVE OFFICES _•' ` t� 1400 N. 17TH AVENUE � 19 (e GREE!EY, COLORADO 80631 COLORADO o NOV 2 1993 November 19, 1993 Weld County CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. F We have reviewed the request and find no co n licts with our CI 9WA' OK interests. 'oNeop'Q\-- . \ YOU 'k W-tt t Agc;'J �ah8 kA4i4x 01 NC,34.k st1r V„�\ c .u'1e 0 &\%i v. SrW1tkw. (4J. . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter., • ( i Signed: \)..1V\Vc),%\1441.\\AscAgency: \-061 1,,I,ste1.FiW ek-tVA,S" Q..I Date: EX H/g/7- / y 940262 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-345, EXT.3540 ELD COUNTY ADMINISTRATIVE OFFICES 1/71---iceIg:›N\ ATEL1„ [�il�jJL,\V/ 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 NOV 2 9 1993 COLORADO • WPM ruumy Planning November 19 , 1993 CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ,/ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: — . .._ ..-/ Agency: _, Date: - ,7"7_ c; / � 940262 iffii ?vs , _____ I\ DEPAR TMENT OF PLANNING SERVICES PHONE '303) 253.3E45, EXT. 3540 II WELD COUNTY ADMINISTRATIVE CFFiCES 1400 N. 17TH AVENUE toct J1,Ny�3'(�= GnEELEY, COLOORADO 8C631 •COLORADO o G 1995 November 19, 1993 Weld County Planning CASE NUMBER: S-349 TO WHOM IT MAY CONCER Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: Please refer to the enclosed letter. Signed: C7 Agency: WI IYI , Date: 11 iG Ex H 01T- /ea ___ 940262 e Vie \, lent DEPARTMENT CF PLANNING SERVICES IIDe _ PHONE (303) 2_53.3345, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE ` ' •). �Q�'' GREELEY, COLORADO 8G631 COLORADO November 19, 1993 CASE NUMBER: S-349 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #2) . The parcel of land is described as part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2-1/2 miles southwest of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1993 , so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. K Please refer to the enclosed letter. -,, ' Signed: , �,-! ._* �. �4.,.a'•�.�:_,. Agency: o,ar_c _. ,� t -'N s --�.,; .ate., . Date: DEC 0 1 1993 0 E C IV DEC 0 6 1993 ExHisi r Weld County Planning ') 940262 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES Acting Director SUITE 380 LOGAN TOWER BUILDING PATRICIA BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor December 1. 1993 Monica Daniels-Mika Weld County Planning Services 1400 North 17" Avenue Greeley CO 80631 Dear Ms. Daniels-Mica: Cases S-349 and S-350 have been reviewed by this office. We would like to point out that there currently are producing gas wells to the north, east and west of the proposed subdivisions and that the potential exists for further development of the mineral resources surrounding them. Any development will of course be subject to applicable Rules and Orders of the Colorado Oil and Gas Conservation Commission. Additional set back protection for the subdivisions could be sought by the applicants if they apply to the Commission for High Density Area designation. If you have any further questions please contact me at the above address or phone number. Sincerely yours, Robert J. Van Sickle Petroleum Engineer C JAM m D £CfIvs DECD 6 1993 l Weld tamtk, raw" • 940262 opigg7t7 mEmoRAnDum 111 nr� o n 1993 WIv..;a �. e_ztr Planning Monic Mika Daniels T° Weld County Planning DD!cember 1, 1993 COLORADO FO eff Stoll, Director, Environmental Health Subuase Number: S-349 Name: Larson, Ivar & Donna Section 14, Township 04 North, Range 68 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permits are required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An Individual Sewage Disposal System must be located at least 100 feet from any well. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JLS/memo.js CM/6 /7— /s 940262 • Intermill Land Surveying -Registered in Colorado& Wyoming 1301 N. Cleveland Ave. Loveland, Colorado 80537 (303) 669-0516 ` ttv E July 7, 1993 'JUG ' 2 w Planning 5 \\ •.. Mr. Chuck Cunliffe, Director Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 RE: AgView Estates I and II Minor Subdivisions CASE #: S333 and S334 Dear Mr. Cunliffe: • This letter is drafted to present information to the Weld County Planning Department relative to establishing the compliance of the AgView Estates Projects with the Weld County Comprehensive Plan. The projects, as proposed, represent the minor subdivision of two contiguous tracts in the Fast 1/2, S.14, T.4N., R.68W. The projects have frontage on Weld County Road 46 and an existing public assess easement. The two parcels of land are located within three miles of Johnstown in the Urban Growth Area. The properties in the immediate vicinity are existing farm houses and recently subdivided property that will have new homes. At present, there are 10 houses within one- quarter mile of this property, a recently approved minor subdivision borders the east boundary and the Northmoor subdivision is located approximately 1 mile to the southeast. The proposed subdivisions are compatible with the surrounding homesites in that the proposed lots are similar to those in the immediate area, but larger than Northmoor's, and the proposed homes will be of equal or better quality than the homes which currently exist in the area. All services except natural gas currently exist in the vicinity of the site. The applicants, Ivar and Donna Larson, acquired this property in 1992 from a lender who had foreclosed on it. This was not the first foreclosure as the ground is not economical to farm. As you may or may not know, the Larsons operate several farms in Colorado and Kansas. The Larsons are well aware of the agricultural characteristics of this property and have first hand experience with how difficult these pieces are to properly farm. The Larsons have had to use intensive farming procedures such as continual spraying, installing a circle irrigation system, rebuilding water storage dams and constant "hand" labor in order to clean up and control the massive noxious weed problems and bring some productivity to the eX/t/ it 940262 Mr. Chuck Cunliffe Page 2 July 7, 1993 ground. Specific difficulties are indicated below: 1. The properties contain a rolling, south sloped 200 acre drainage way to the Little Thompson River from the surrounding area to the north, west and east. From the road you can see two small flat fields (approximately 20 acres each) but the rest is cut up into irregular patches making row crops difficult to manage and impossible to flood irrigate because of the rolling, sloping hillside. The farmers who have tried in the past have lost the property through bankruptcy. 2. The property is highly infested with noxious weeds because of the inability to farm it with normal, economically feasible procedures. The Larsons are currently using intensive, non-economical procedures in order to clean up this eyesore and establish some productivity. Once some control is accomplished, the Larsons plan to put the properties into grasses to better manage this drainage way and establish pastures for the proposed lots. The Weld County Comprehensive Plan addresses the various concerns which the Larsons have in the section entitled "Concerns of Farming as an Industry". The two tracts of land proposed for subdivision are not economically viable farms as demonstrated by the previous bankruptcies. The additional production expense the Larsons are currently incurring to manage them is not feasible long term. It should be emphasized that the proposed minor subdivision properties will be of similar size and quality to the rural properties already existing in this area and that these parcels are not economical or accessible for farming for profit. The only two farmable tracts are kept intact by the proposed lot splits and would be economically feasible for the individual owners to handle with smaller equipment, custom hire and concentrated effort. The lot sizes proposed for each subdivision will allow more concentrated care of each piece, especially noxious weed control and flood irrigation management, by each individual landowner and will enhance the overall rural atmosphere of this area The pipeline installed to service the overhead sprinkler will provide a year around, pressurized fireline for the subdivisions and the hardware can be transferred to another more productive farm. The lot splits in the two subdivisions have all been arranged by slope so that each owner will be able to flood irrigate his lot. The additional time required will be possible because of the smaller area each owner will have to manage and cover with water. The highest and best use of this sloped, drainage area would be rural homesites placed in pasture grasses to enable focused soil, water, weed control and drainage management. The area is currently served by public water, Weld County Road 46 access and is within the three mile Urban Growth area to the City of Johnstown. 940262 Mr. Chuck Cunliffe Page 3 July 7, 1993 The above facts illustrate that the development of the subject properties will be in compliance with the spirit of the Weld County Comprehensive Plan. Sincerely, INTERMILL LAND SUR YING INC. Larry G. termill Colorado L.S. 12374 LGI/dml 940262 FIELD CHECK FILING NUMBER: S-349 DATE OF INSPECTION: December 2, 1993 APPLICANT'S NAME: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision (White Tail #2) LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2-1/2 miles southwest of the Town of Johnstown. LAND USE: N Farm, agricultural land. E Agricultural use, Centennial Farm. S Farm, agricultural land. W I-25, Farm. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: There do not appear to be any accesses to this site. Access is off of Weld County Road 46, an unimproved County road. The site is currently in grasses. No dwellings on-site. Surrounding properties are all rural/farming operations. lkt(/(-VL— Monica Daniels-Mika, Current Planner pair 940262 T. SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RICHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS LOH TC-7R-« LCgas-le 2 BEFORE THE PLANNING COMMISSION HEARING FOR CASE /) 5 -3 4 9 THE SIGN WAS POSTED BY: H UV EM L:562- 2k I 15113 1 v !v.' Zil soC NAME OF PERSON POSTING SIGN ATURE OF\AP ICANT 1:47# STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS Mei DAY OF ZCCtLn*'C"4t-- , 19 473 . SEAL ff C,, 7�dvr z t/ NOTARY PUBLIC MY COMMISSION EXPIRES /42//471/4,Sr-- LAST DAY TO POST SIGN IS: 1 ?cc_,t&it C-2 I • 19 4 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. / 940262 flkmORAfDUfI Willie To Planning Department Date November 30, 1993 COLORADO F/u' Lee D. Morrison, Assistant County Attorney " White Tail Acres # 1 & 2 - Ivar Larson, Developer Subject' I reviewed the covenants which have been recorded with respect to the two minor subdivisions and they appear adequate from the County' s standpoint. It should be noted that Section 4 . 02 allows the Board of County Commissioners to maintain the common elements and assess the costs against the property owner and, if necessary, collect those in a manner similar to a tax lien. This provision is found in the planned unit development statute, and it does not require the Board of County Commissioners to act but allows them the opportunity to do so. The covenants appear to have adequate provisions to provide for assessments of the maintenance of the common areas , including the roads, on a private basis . I should note that the covenants were reviewed on the basis of their effect on the County and my review is not intended to provide Mr. Larson legal advice. I do observe that the covenants appear to have been well researched and drafted. There is some question on the issue of an improvements agreement with respect to the internal improvements . Mr. Larson is of the impression that one is not required, but ordinarily one would be prepared for the internal improvements, particularly the road which, although it will not be accepted for maintenance by the County, still is inspected by the County Engineering Department for compliance with the County standards . LDM/gb:planning Dr-f5C,TAgr. �IDEC on e. 1993 L . 1 J 'Slobo'"I!t!Planning CXH/6//_ as 940262 GEER I T S O I L a G .\ i CO11 H P O H { EION. December 17, 1993 DEC 2 0 1993 1. VIA FACSMIITY (351-0978) Weld County Planning Ms. Monica Daniels-Mika, Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Re: Case Number S-349 Dear Monica: Thank you for discussing this case with me over the phone today. As I mentioned, Gerrity Oil & Gas Corporation owns mineral interest and a producing gas well in the 0/2 of Section 14, T4N-R68W. Our gas well is called the Little Thompson Gas Unit well, and is located in the NE'ANE' of Section 14. We hold a 100% mineral leasehold interest in this 40 acre well tract as to all depths. We also hold a 50% mineral leasehold interest from the surface to the top of the "1" Sand formation, and a 100% interest below this depth, in the rest of the NE'/. of Section 14. Finally, we hold a 50% mineral leasehold interest as to all depths in the SE'44 of Section 14. We are concerned that the platting of a subdivision on this acreage could potentially have adverse consequences for our future enjoyment of our leasehold rights on the land. We therefore ask that the subdivision plat include four acre "no development" tracts within each quarter-quarter section, to allow for our drilling future wells. We are entitled, by Oil & Gas Conservation Commission Rules, to drill one well in each quarter-quarter. Again, we hope that the subdivision platting is done with our rights to develop our mineral leasehold interest taken into account. Please let me know if you need any additional information or feedback in this regard. Sincerely, Mark C. Zah Senior Landman MCZ/kkp 4100 East Mississippi Avenue Suite 1200 ,�/ Denver. Colorado 80222 // /Ii8 // Fax 303 757.119^ G '` Telephone 303 757 1110 94O26? �VV 46<1(� f EMORAfDU1TI ��• Monica Daniels-Mika To Planning oue December 16 . 1993 COLORADO From Donald Carroll Subject. Ivar and Donna Larson Whitetail Acres s1 & m2 S-333 & S-334 Final Plat I have reviewed the application, met with the applicant, and have the final comments: 1. Geometric design standards. The curve radius' on Whitetail Lane--the proper radius for 30 mph speed limit should have a radius of 302' . There are four curves on this section of road that are less than 302' . 2. The applicant is showing two different radius' at the end of the cul- de-sac at Whitetail Lane. This needs to be a 50' minimum radius on both copies. 3. Weld County Road (WCR) 46 is a gravel county road with a traffic count varying from 92 to 126 vehicles per day. A development of the additional twelve (12) lots will generate 114 trips per day based on the "Institute of Traffic Engineers Trip Generation Manual" . The additional traffic will put this road at about the 200 vehicle per day volume. The distance from the subdivision to the I-25 access road is about a half mile. A high percent of the traffic volume from the subdivision will use this section of the road. The applicant should be required to enter into a road improvements agreement with the BOCC. cc: Commissioner Baxter File S-333 & S-334 oEC cqI4VE DEC 2 0 1993 Weld County Planning /7//6 // 340262 y STATE OF COLORADO COLORADO GEOLOGICAL SURVEY oe.cozo Di i‘Rxl of Minerals and Geology gi ��- r;� •\' 3;Department of Natural Resources � 'r 1 76 s 1313 Sherman Street. Rm. 713 �teve Denver. Colorado 80103 Phone 3035866-1611 Roy Romer FAX 30i) 866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director December 16, 1993 WE-94-0011 Ms. Monica Daniels-Mika Current Planner Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 Dear Ms. Daniels-Mika Re: White tail Acres #2 We have reviewed the materials submitted on the above referenced subdivision application, the previous submittal and the overall geologic setting of the site vicinity. Based upon the previous work at the site and the similarity of the proposed use we have no additional comments and we have no objection to the approval of this application. Yours very truly, A/7Jeffrey L. Hyn Senior Engineering Geologist JH:B:\dln D p DEC 2 a 1993 ,, EX/7/AS / T Weld County Planning 940262 MICHAEL and BARBARA SOLEZA 4912 Weld County road 46 Berthoud, CO 80513 -1 1 r `Y DEC 1 6 1993 December 13, 1993 CJ weld Curdy planing Mr. Chuck Cunliffe Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Cunliffe: We are writing in response to the notification dated November 19, 1993, Case number: S-349 and Case number: S-350; Ivar and Donna Larson's Final Plat for two minor subdivisions in an agricultural zone. We are hereby voicing our objections to these subdivisions. Our letter of March 22, 1993 objected to their original proposal and listed six ways in which this development would adversely affect us. We spent five years looking at land in Adams, Arapahoe, and Weld counties before selecting our present site. The quietness and absence of urban noise and polution was a major fac- tor in our purchasing this particular parcel of land as the surrounding land was being used for agricultural purposes. The three new houses to the east of us on Road 46 have already doubled the traffic and consequently doubled the dust problems created. 1\welve adeitional houses would increase the traffic and dust substantially. Another reason for our objection is that these houses would block our view of the mountains. This subdivision will negate all of the features that we enjoy associated with our home: the mountain view, the quiet and rural atmosphere. We will either have to live unhappily with the situation or be forced to move. As usual, the haphazard programs of developers prevail over the wise, control- led, planned growth and protection of agricultural resources, even though the media quote members of the Department of Planning Services being aware of and concerned about the problem. Thank you for your time and the consideration of our input regarding this sit- uation. Sincerely, Barbara Soleta eui/e /r aC 940262 ,i D t c.,,767E __L2 -: � __. DEC 2 4 1993 //'' - - // Weld County Planning — - -- , 1 iz<L? - ii ) 1-i& S.% I _la :2-4/--1. Ar_ / (2--v4.2:_c_v., via:/;./____Izi--14--1,-;;--4 I LO- .(it c ..z -_.fist.c c � e-Lact _za2.-__,Z4!2/6A__/_ 10-1 a-Luc /AAA:_paLt....,..44_____ .��. j 4 11 if , az_2 __ 0 z 5 ,�c,� �?�,_ . A - t Jett/ _ - /d a ofit&-te_ ' ' �,/ cam—`"J"��`,- __� c G A, 0 c,, w,_ A Ce4,2_40..e_-______as,-____te-,_zieLe____AL4_, -Ex�ie'7 940262 I C (9 7 n ILA _ . S000 Long. 131'- �'^�� , �n So5i3 9402':7; DEC 2 x1993 t a /it Yield County Planning , / ; 3 • 1, ll : CC.• Z r<� C•y r11Jr..�..7- / u_,C_,,.Y'i Ca.t_ ();_ , 722 ) CuuttH I _ CJ-at/0 2r��n.z.•-,-_. �j1/-a-u.�� >.1 6k ,i T e 4.4-c I.J 7241‘,./ 41 C WC 41 _ . • ifiS as` 940262 Dec. 17 , 1993 BU id�PISM Weld County Department of Planning Services £661 f a 030 1400 N. 17th Ave u Greeley, Co 80631 0 . RE: Case Number S -350 We protest the developement of a Minor Subdivision in the A zone district (White Tail Estates #1 ) for 6 lots . Or for a larger Subdivision. Legal Description: Part of the E2 of the Nw4 of Section 14 , T4N, R68W of the P.M. , Weld County Colorado. We believe this is productive farm land that will be put out of use. Sincerely Yours, Guy W. and Bertha A. Bryant 4968 W.C.R. 46 Berthoud, Co. 80513 s _je:kY_A-C1-* grid- Q , - '` y/et RE: Our property here is in Living Trust with our Children. I think our names on the Protest should be sufficient. IF IN DOUBT ask your attorney. a9 940262 ar_4EUHTE--7 , 1 I�C:._;•t,.,i-\ L.Cx L �\ ��-i DEC 2 0. 1943 '� / �� 3 C) L5 r- Wald County Planning 1, c C :i k: --\--u Ls."G._j f TI'--- . -S...30C h CI‘ � C k A et 1 R.:- ✓r;ti1.Jc n ta-M.-17n C-- . L' C (L-C�LL..rd L_ ' 1 ,(-_cL Li C . c L 3--CL_- ----- - - ( LC.LI ia- V d1 cs t ct_z. t - .-.L6-0..61.-�C1.- I risks . wl e LL:C. p`PLt LL Y 1 Ln-tA-&L icy,'. .,zL it,. . c_CA-- _ c-ne=eZ n L, ._ --- . -t mac_+ - _ - rb c_L .)\-\\C CLS:\. � r,-ck_A .\--T- - p\c-)\_ i_i-Ll_m_i __ _ _ _ __ ,_ wi Y ^ Q ) LJ�.„ ct4\&e LC( - C D._ c pCi_ CLr1Ci. ,� 1L,L_Q pi-\62. \ui�-C. .- on C— r v Ll _c r (u1 u...:)0,73..:\_, Si NI._ . ai c�ans2 _'Z.v�, c 1 c c- -CLC\c-.. LcC ccad i Az /9 -t_ ---- A LB.i T 30 940262 075,,,,„7„ DEC 2 0 1993 U Weld County Planning r.ecamd-:sr i•q , 19 -+ , _rn it i _ rnaL .bc' _s r.r.-? d. ciSlr,rl as to what. ;a.p;Jfln_ t_i G c^r : =111 t�_Ir.:l CG!nl'fLni t v; The farm nn r nunty Pc.-1r1 4 l' :st east of Interstate r';c-. owner' Hy toe L-- _-,::,n ' 4 , an:f Uelny proposed for a W.,a cta: c: rr .:J'_htl y _ -f arm in the past . I know because I am a neighboring farmer and for many years have known its history. I don ' t believe the gravel county road needs the extra traffI of housing and development. I also don ' t r;I: the nl-.iuht;aor i ;, 1 f,arrn need the irrigation prat) I i;s t.h.:t go wl -h d,,,velupm,-.nt projects. I know rirst hand h,7:,c..;;_Ise• I .ay.1 with it in trying to farm lend that we have tarmed for years near the Berthoud area. I _:on d -.iiy tt;.d. y:.,u.. would consider protecting same of our prime agricultural areas , and not let therm be swallowed up by unsightly housing c:_• elopments. [ `.r_,ly bei L ::•ve buught this farm with a prelei;U ' t.,_. f .,: ,❑ LL e.nd now greedily want to .level _:p it , not caring ahcut what happens to the surrounding farm, only the lining of their own pockets. ei ;- .crer ly , • Mat Mark V: nThuynte !/ i-;,,ir 1 .'::.I i. llr i _ i ctrlrlier E/117//13 3 / 940262 R. B. FICKEL, D.D.S. P.O. Box 436 Q-) 24 [i____T� Berthoud, CO 80513 `( I December 20, 1993 `! DEC 2 1993 • Weld Counti Planning Department of Planning Services Weld County Administrative Services 1400 North 17th Avenue Greeley, CO 80631 Re: Whitetail Acres 1 and Whitetail Acres 2 TO WHOM IT MAY CONCERN: My name is R. B. Eckel, D.D.S., of Berthoud, Colorado. I am the owner of the farm which is located just north on Weld County Road 46 across from the two Whitetail subdivisions proposed by Ivar and Donna Larson. I am as much concerned about this as anyone being the closest neighbor. In that respect I was surprised to receive my first information on these two subdivisions in the mail and not directly from Ivar and Donna. We have known each other for years and it is difficult for me to express my opinions here in a public forum when I have not been asked for my opinion privately. First, I disagree that this land is not fit for agricultural purposes. It was farmed successfully for many years by several different farmers. Right now there is an excellent crop of alfalfa on part of the land and they harvested a bumper wheat crop last summer right where they propose to build houses. It is my position that this land is not fit for housing. Weld County has been a leader for many years in preventing urban sprawl. Clearly these two six lot subdivisions should be evaluated under the strict Weld County Guidelines for Subdivisions. While I believe that subdivisions are appropriate and that growth is beneficial to our County I do not believe that urban sprawl is in this County's best interests. I live in Larimer County and I continually hear about the endless problems that are created by these rural subdivisions. TRANSPORTATION: Parents are required to supplement the school buses and extracurricular activities become a logistics burden for everyone. Each time a family needs food, a movie, a hardware item, etc. it is going to be a 10 or 20 mile round trip. This cannot be in the County's best interests. POLICE AND FIRE PROTECTION: The budgets and manpower of our police and fire departments are already packed to their limits without extending their duties to another sector of the County. AGRICULTURAL PRODUCTIVITY: As the Commission knows all too well agriculture is a gamble in the best of years. The measure of the productivity of a parcel of agricultural land is not necessarily a function of the financial success of the person farming it. If return on investment is to be the standard with which we measure productive farm land then I would submit that pretty much all of Weld County should be designated as available for subdivisions. Just as good fanning contemplates efficient use of our resources so too should good planning. Rural subdivisions generate inordinate expenses which everyone in the County must pay. They are as inefficient and wasteful as the farmette sized lots that they create. `3� 340262 Page - 2 Weld County Department of Planning December 20, 1993 AESTHETICS AND EFFICIENCY: The developer argues that since this land cannot be fanned as a larger parcel it can be farmed in smaller parcels through more labor intensive methods. The fallacy of this argument can be seen by even a cursory look at Larimer County's rural subdivisions. Because these acreages are too big to mow, too small to plow and too complex to irrigate they become eyesores. COVENANTS: While covenants superficially appear to be effective in controlling some of the junk, animal and occupational problems within a subdivision they are not. Neighbors are suing neighbors. Homeowners Associations are insufficiently funded and only the activists participate. URBAN SPRAWL: For many years Weld County has used good judgment to prevent urban sprawl. You are now being asked to approve two subdivisions which aren't legally subdivisions. If you approve these two non-subdivisions you will be opening the gate which will allow me and every neighbor of the Larsons to select their poorer farm land, subdivide it and expand a whole set of problems Weld county has astutely avoided. lust ask the Larimer County Planning Commission how often they see the owners of the small acreages are coming before them to further subdivide their property. After all, these small acreages can't be agriculturally productive on any scale but pasture for a horse. While I realize that water, sewer, transportation and land use issues aren't topics upon which I feel competent to comment I am concerned about them. There is no sewer system in place to take care of human waste and already the Little Thompson River near by is one of the worst polluted rivers in the area. Further, there is only a 3 inch water main which is not adequate to supply the farmers' needs and also subdivisions. What are we doing about ensuring there is sufficient fireflow pressure during the heavy use periods in the summer and when all the ponds are frozen in the winter? The road is a farm to market gravel road which is already a dusty polluter of the air. By adding 100 more vehicles trips per day it will create a real problem. The developer should be required to pave County Road 46 to meet the frontage road on the west and the county road on the east. Shouldn't the subdividers have agreements with the ditch company. Shouldn't they be required to have agreements with their neighbors regarding the ditches that deliver the water to the subdivisions? Agreements should state who is tcsponsible for maintaining these ditches and who is going to pay the costs involved. One of these ditches goes through my farm and I would like to have an answer to this problem before the subdivision receives approval. Thank you for your anticipated cooperation and consideration in this matter. Sincerely, le D. D-s R. B. Fickel, D.D.S. RBF/kc 940262 rtr.161,55_7.14 Al 1 DEC 2C 1993 Weld County Planning December 18 , 1993 To : Chuck Cunliffe RE : White Tail Estates 41 & 42 This is a letter regarding the White Tail Estates 41 & 42 from concerned Property owners surrounding the proposed subdivision . We are strongly opposed to the proposed subdivision for a number of reasons . Some of the strongest reasons are stated below: 1 . There is only a 3 " main water line on County Road 46 if the current home owners were to allow the proposed 12 houses onto the current line we would have no water pressure left , it is not equipped to handle such numbers . 2 . The proposed properties would also be given ditch/water rights on the current ditch but would not have to help maintain the entire ditch from start to finish , ( proposal only states maintaining the ditch on Larson property ) as the current property owners do . Thus leaving the bulk of the maintenance up to the current land owners . 3 . There is not enough phone lines for current residents and according to the phone company private lines are being split into 4 party lines to provide service when all party lines were supposed to be private lines by 1994 . 4 . The traffic on a dirt road would be unacceptable . The subdivision would almost double the traffic on the road . 5 . Earlier this year when we wanted to split 10 acres off of the 80 acres we have to build a farm house and machine sheds to farm the remaining 70 acres for my parents the Planning Department flat refused saying they would not allow 10 acres to be removed from production . As a result we were allowed . only after having to attend 2 hearings , the most that we could split off was 4 acres . You are proposing to remove 96 acres out of production to put in a subdivision that will disrupt the agricultural base in this area . Sincerely . Lawrence Barker Marie Schlautman Barker Florin & Sally Schlautman 33 940262 DEC 2 f1:3-9.3 -a • December 18, 1993 J Ostermiller Farms Inc. Weld County Planning Gene & Evelyn Ostermiller 4705 WCR#46 Berthoud, Co. 80513 Mr. Chuck Cunliffe Dept. of Planning Services Weld Cnty. Administrative Offices 1400 N. 17th Ave. Greeley, Co. 80631 Dear Mr. Cunliffe, We are writing to voice our concerns and objections to the proposed White Tail Subdivision #1 and#2. We have been farming on road#46 for 32 years. This is prime agriculture land and we believe it should remain so. Urbanites do not realize all the problems that arise from having major agriculture producers as neighbors. Some of our concerns are: 1. Irrigation water ditch maintaince and division of water shares. We have already had problems occur, we have had waste water ditched destroyed by urban people not realizing their importance in handling discharge water and heavy rains. 2. Agriculture burning. Urban people do not understand the need for this and object to the smoke and the appearance of the ditch banks. Burning is necessary in the maintainance of irriagation water supply. 3. Agriculture crop spraying is essential to crop production and since this proposed subdivision is surrounded by agriculture, they soon would be objecting to the spraying. 4. We have about 200 head of cattle on feed north of the subdivision. Odor and dust • could be a problem. 5. Dust from the dirt road is already a problem for the people residing on road#48. Additional traffic would increase dust pollution and the need for more road maintainance. This road has heavy agriculture traffic, trucks, tractors combines etc.. 6. Domestic water pressure is an existing problem. Additional homes would certainly require a larger water line. 7. Twelve new septic tanks with waste water draining into the Little Thompson River could be a factor in water pollution. 8. Phone service is also an existing problem. Urbanites do not understand Party Lines. We have chosen agriculture as our life and have two sons that wish to stay in agriculture. We enjoy our life style, the wild life (White Tail Deer, Red Fox, Nesting Pair of Red Tail Hawks and Owls) and our open space as do our existing neighbors. We believe this subdivision would decrease the quality of our life style and that of our neighbors. Housing developments should be • adjacent to existing developments. EX///S r 940262 • Thank you for your time and we sincerely hope that you will take our thoughts into consideration when making a decision on this subdivision. Sincerely, ene and Evelyn Ostermiller Ostermiller Farms Inc. DFju cr5Z DEC 2 December 17 , 1993 1993 ' Weld Cauntlgtea n.g pe. of Planning Services Weld Cnty . Administrative Offices 1400 N. 17th Ave . Greeley , CO 80631 Re : Case Number S-347 Case Number S-348 I urge you to review the request of Mr . Larson on the above two case numbers very carefully . Our whole area , Weld County and Larimer County , are at very important crossroads . The only very productive farmland left in Larimer County is in the southeast section, across the street from Mr . Larson ' s proposed subdivision . The area south of Highway 402 to Berthoud and east of Hwy . 287 to I-25 should be preserved as farm area at all costs . No subdivisions should be allowed in this area . I have owned livestock for 30 years and I can state the very true , hard fact--farms and livestock do not go well with subdivisions . You deprive the people who have made their homes out here , invested in their land , the life style they have chosen by allowing a subdivision. Crop dusters will not spray close to subdivisions . If the farmers can' t spray their crops , they can ' t grow them-- this greatly affects their lifestyle and livelihood . Even if water is available, you will very rarely find anyone on a small acreage who irrigates . Why? Because water comes for a 24 hour period . No shutting it off . It comes from 7 : 00 a .m. one morning until 7 : 00 a .m. the next . Also , there is a minimum number of inches you must order . On a 5 acre parcel after a house is built and one outbuilding, you would be watering a maximum of 4 acres . This would take about 6 hours . What do you think would be done with the remaining 18 hours of water? Share with the neighbor? From personal experience I can attest to the fact that getting 3 neighbors to agree on anything is remarkable . So what happens? Forget irrigating as it is too difficult . Dryland parcels of 1-5 acres are great for attracting prairie dogs . They are a nightmare for live- stock owners . In our area we have four dairies and a dairy feedlot . They have been here for a long time . They are well established . The minute a subdivision is in the complaints start rolling in about smell, noise , etc . Who loses ? 6(lf/,6' / / 35 940262 Dept . of Planning Services Page Household pets are allowed to roam ("because they are in the country") --even though there is a leash law . This is very bad during calving and lambing season . Farmers and ranchers will shoot strays out roaming around killing their young livestock . The dogs pack and will also join with the coyotes . Mr . Larson ' s land is already divided into two parcels , 10 acres and 15 acres . It should remain as such . Anyone buying to build on them would want to live in a rural , agricultural area and would welcome all that comes with it . Also the crop dusters would still be able to service surrounding farmland . Larimer County is working on a land use map to help with its growth and to stop the "urban sprawl" effect . "Leap frog" subdivisions such as this are not welcome and should not be allowed . Since Weld County and Larimer are adjacent in this area , it is very important that they work together in preserving the last remaining productive farm area . You might be surprised at the number of people who just like to drive through the "country . " To see the corn growing and being harvested . They don ' t want to live out here because it 's hard work keeping the land maintained , but they enjoy driving through it . Larimer County has lost most of its farmland to subdivisions . This is the last remaining area. I realize Weld County has more farmland ; however , this proposed subdivision is right next to Larimer County ' s only productive farm area . Please preserve it for all of us . Mr . Larson will not be losing by being denied . He will still have two very nice parcels of ground to be sold . However, we who live out here have a lot to lose if this is approved . We have invested much more than Mr . Larson . We have established homes . I urge you to please deny these two requests and any future requests in our area for anything smaller than 15 acres . Thank you . Xncere1 , W Glenda Moore 3441 S . CR 7 Loveland , CO 80537 940262 '1t DEC 20"93 14:07 IVRR & DONNA JN Eli! 3035323361 TO: 303 351 0978 P02 �y` �` BACON LAKE FARMS Colorado am Kansas tray W.and Donna M. Canon.Owners and Operators 925 North County Line Road, Route 1 Berthoud, Colorado 80513 ', December 20, 1993 IIMs. Monica Daniels-Mika, Current Planner I' Department of Planning Services p E Weld County Administrative Services 'I' 1400 N. 17th Avenue Greeley, CO 80631 RE: Addendum to Covenants of Whitetail Acres 1 and 2 Located in Portion of Section 14-T4N-R68W € : I Dear Monica: I. The following portions of the Whitetail Acres 1 and 2 Covenants are amended as follows: i E ARTICLE I, DEFINITION OF TERMS I 1.01 Association. The name "Mountain view Estates 1 and 2 Owners Association."is hereby amended to read, "Whitetail ACres_1 and 2 Owners Association." r ARTICLE II, LAND USE CONTROL , 1 2.17 Building Location. This paragraph is deleted and replaced with the following: "Unless otherwise approved by the Architectural Control Committee, no building shall be •s ' located on any lot nearer than fifty feet (50'1 to the front lot line, nor fifty (50'1 to any side lot line. No building or any portion thereof including eaves and overhangs shall ever encroach upon any adjacent lot." ARTICLE HI, OWNERS ASSOCIATION 3.02 Classes of Membership and Voting Rights. Line 4 is hereby amended to read: "shall +i be entitled to one (1) vote for each acre of the lot owned by a ..." If you have any questions, please call. S' rely, 194°---- , -E—P§ °31.7R4— var W. and Donna M. Larson 532-3361 li DEC 2 0 1993 `INe:Cott?Planning •it•u DEC 20 '93 13:07 3035323361 PAGE.002 369 940262 SOIL SURVEY OF WELD COUNTY SOUTHERN PART Sheet Number 13 Johnstown Quadrangle Weld Loam 3-5% slope USDA and SCS Nunn Clay Loam 1-3% slope September 1980 Colby Loam 5-9% slope Otero Sandy Loam 5-9% slope Prime Farmland General. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses (the land could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-up land or water) . It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. Farmlands of Statewide Importance These categories of land, in addition to Prime and Unique Farmlands of National Importance, are of statewide importance for the production of food, feed, fiber, forage, and oilseed crops. Criteria for defining this land was determined by representatives of the Colorado State Experiment Station, the Colorado State Department of Agriculture, and the Colorado State Soil Conservation Board. Three categories of these land have been proposed for consideration as being Statewide Important Farmlands. eA/H78 i / 940262 CO✓/JT y Po A1> 7" .`r 57-..:.1 y4 . 1135• �" 999 • I I , Lie ,ErimNc Q� tI I / . . -rake t. . Z • + S�.npAai.''-J .../. 1_-_ 1 - T��:r �RpGT II�I ± moo Acne_ t qv./Aer it :., ri 10 - T \ j \ 1".7.:Lik • I 537' /053• 940262 EXHIBIT INVENTORY CONTROL SHEET Case S-349 Ivar and Donna Larson (Whitetail 112) Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing D. Clerk to the Board Letter of Request for Hearing E. Clerk to the Board Notice of Hearing F. Clerk to the Board Amended Notice G. Planning Staff Memo - Continuance to March 9 H. Clerk to the Board Reso of Continuance I. Clerk to the Board Hearing Attendance Record J. David Ostermiller Picture K. David Ostermiller Picture {� L. David Ostermiller PictureYfi'ci1� M. David Ostermiller Picture (Al N. David Ostermiller Picture wit ! 0. David Ostermiller Picture J)11AP. David Ostermiller Picture 60. - - Q. Clerk to the Board Si n Postin Certificate R. Planning Staff 29 pgs. Letters since Hearing S. Planning Staff Seven Petitions in Opposition n T. Applicant Letter - Historical Status U. Planning Staff Letter - Historical Society (/Y� V. Applicant Overlay C---°J W. Applicant 3 pages of Overlays X. Applicant Bond Letter Y. Applicant Single Overlay Z. Six citizens of Weld County Petition Opposing Subdivision ,. AA. Clerk to the Board Reso for Continuance • 940262 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County-Planning Commission that the application for: CASE NUMBER: S-349 and S-350 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Road, Route I, Berthoud, CO 80513 REQUEST: Minor Subdivision Final Plat (Whitetail #1 and Whitetail #2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 1/2 miles southwest of Johnstown City limits. be recommended unfavorably to the Board of County Commissioners. 1. It is the opinion of the Department of Planning Services' staff that the applicants have not shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: The proposed Minor Subdivision Final Plat is not consistent with the Weld County Comprehensive Plan and is not compatible with the surrounding area of rural residences and agricultural uses. This property is zoned A (Agricultural) . The Agricultural zone district was established to maintain and preserve the agricultural base of the County. This proposal will take 191 acres of farm land out of production. The Comprehensive Plan attempts to minimize the incompatibilities that occur between agricultural and urban uses, and this request will not only increase incompatible uses, but it will make current farming practices in the area far more difficult. The Comprehensive Plan discourages the conversion of agricultural land to urban uses. This policy is intended to promote the use of agricultural land and to support a phased growth plan in the County. While low density single-family residential developments have been permitted in the area it is not a policy which is encouraged by the Comprehensive plan. lyi);hike 940262 RESOLUTION, S-349 Ivar and Donna Larson Page 2 The potential for increased interference with the neighboring rural uses is probable. Additionally, maximum efficiency and economy cannot be achieved because the cost of this development will be far greater for the general public than any revenues generated by this development. The Weld County Comprehensive Plan encourages minimizing the costs to taxpayers but providing additional public services in rural areas for uses that require services on an urban level. Police and fire protection as well as public road maintenance provided to non-urban areas becomes increasingly less cost effective as rural areas continue to be subdivided. There are four soil types located on this site three of which are identified as prime farmland if irrigated with adequate water. Two of these soils, Nunn Clay Loam 1-3% slope, and Weld Loam 3-5% slope are considered to have high potential for dry crop land as well. These soils have been further classified as "farmlands of statewide importance. " (U.S. Department of Agricultural Soil Conservation Service) September 7, 1993. It is not the policy of the Comprehensive Plan to convert these farmlands into urban uses. These lands are more than adequate for farm production. The current general use of the surrounding area is agricultural. The Centennial Farm is located close to this site. The scale and density of this proposal far exceeds the current nature of the area. Based on census data this site will generate 34 additional people in this area. With an increase in density, noise levels, and traffic generated, the general overall appearance of this area will change from rural to urban. The applicants are proposing to subdivide 191 acres of farmland into 12 acreages with an average lot size of 15 acres, more or less. However, in a previous application (Mountain View) the applicants stated the difficulties they were having in farming their 25 acre farm. Staff is concerned with this contradiction, if they are not able to adequately farm their small farm then how will the owner of Whitetail lots be able to farm similar size lots. This proposal does not encourage the preservation of agricultural uses in Weld County. 340262 RESOLUTION, S-349 Ivar and Donna Larson Page 2 Staff has received verbal opposition to this request and 11 letters of clarification. The surrounding property owners are concerned about preserving their rural lifestyle, the impact this development will have on their present farming practices, and the increase in density this subdivision will produce. This recommendation for denial is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, responses from referral entities, and several conversations with surrounding property owners in opposition to this request. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Bud Clemons Ron Sommer Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, co hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 21, 1993. Dated the 21s cember, 1993. ii*A;IP haryn F. ff Secretary 310262 MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING December 21, 1993 Page 5 Ron Sommer moved Case Number S-347, Ivar and Donna Larson, be continued until January 4, 1993, based upon the need to obtain an additional access permit onto State Highway 60. Bud Clemons seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Bud Clemons - yes; Richard Kimmel - yes. Motion carried unanimously. CASE NUMBER: S-349 `APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Whitetail Estates #2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown. John Donnelly, representative, gave an overview of the application that included aerial maps and overheads. There are numerous homes in the area and Ivar and Donna Larson feel this application is compatible with surrounding uses. John explained they are working with the various referral agencies for utilities and roadways to the site. Extensive discussion followed regarding soil conditions in the area and the financial burden of farming this property opposed to building homesites. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. Gary Baird, surrounding property owner, said he has no problems with this type of application as long as the dust situation is controlled. Bruce Fickle, Attorney, representative for a surrounding property owner who has been farming adjacent property for years, stated they have the same concerns as the Department of Planning Services' staff. Bud Clemons moved Case Number S-349, Ivar and Donna Larson, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial. Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Bud Clemons - yes; Richard Kimmel - yes. Motion carried unanimously. exhi h1-7L 940262 r‘tr\ lilt OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE 1303)356.4000. EXT. 4200 iligFAX(303)3520242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO January 5, 1994 Ivar and Donna Larson . 925 North County Road, Route 1 _ - • Berthoud, Colorado 80513 - "- —.. Dear Mr. and Mrs. Larson: 7 -- ` Your applications for a Minor Subdivision Final Plat (Whitetail 01) and a Minor' Subdivision Final Plat (Whitetail #2) have been recommended unfavorably to9the Board of County Commissioners by the Planning Commission. The legal description of the properties involved is shown as part of the E; of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Please indicate the applications you wish to be heard by the Board. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by Monday, February 7, 1994. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /CM 10-440-at W. H. Webster, Chairman WHW: lmd 1 t I/we, h-,, .-r/- /(. , do hereby request the Board of County Commissioners to review' a above mentioned application(s) . Ex/7!b/F1) 940262 NOTICE Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Minor Subdivision Final Plat are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-23 APPLICANT: Ivar and Donna Larson 925 North County Road, Route 1 Berthoud, Colorado 80513 DATE: February 23, 1994 TIME: 10:00 a.m. REQUEST: A Minor Subdivision Final Plat (Whitetail #2) LEGAL DESCRIPTION: Part of the El of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2; miles southwest of the Town of Johnstown BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: February 7, 1994 PUBLISHED: February 10, 1994, in the Windsor Beacon �k h� h�kG 940262 , AFFIDAVIT OF PUBUCATION t ___ I STATE OF COLORADO Third Floor, Greeley, Pursue to the laws of 'Cdendo, COUNTY OF WELD the State of Colorado and the Weld County DOCKET NOz3 Subdivision Ordinance, APPLICANT: War and 1, ROGER A. LIPKER, of said County ofWeld, being duly a public hearing will be Donna Larson, 925 swum,say that I am publisher of hew in the Chambers at North County the Board of County Road, Commissioners of Weld Route t, Berthoud, County.Colorado,Weld Colorado de5+3 WINDSOR BEACON County Centennial weekly Grater,915 10th Street, +DOATT a First Floor, Greeley, E: February 23. news paper having a general circulation in said Colorado. at the time Countyand State, published in the town of WINDSOR, in specified. All persons in TIME:10:00 am. said County any manner interested my and State; and that the notice, of which the in the a nor Subdivision REQUEST: A Minor annexed is a true copy, has been published in said weekly Final Plat are requested to attend and may be Mtleeeele2) Subdivision Final Plat for suc cessive weeks, that the notice was MeMepublished in the regular and entire issued of every number of LEGAL DESCRIPTION: the paper during the period and time of publication, and in Should the applicant or Part of the E 1/2 of any interested Pan), Section 14,Township+ the newspaper proper and not in a supplement, and that desire the presence of a North. Range ea West the first publication of said notice was in said paper bearing mart reporter to make+ of the 8th P.M., Weld record of the at the Coorado th date of th proceedings,in addition /a day d , l,,1 r. .,t ,i AD., 19 Jot and the to the taped record LOCATION : last publication bearing the date of the which be kept dung Approximately 2 t@ j whi this haadnp,the Clerk to miles southwest of the day of , AD., 19_ and that the Board'stOfficeheaerhall Townofan ,1 the said WINDSOR BEACON has been published dbe adweed in wntirp of BOARD OF COUNTY continuously and uninterruptedly for the period of 5 ay ae prior to the COMMISSIONERS,days to the WELD COUNTY, coftaeCUbVe weeks, in said County and State, prior to the hearing. The cost of COL date of first publication of said notice, and the same is a engaging a court ORADO - Taperer shall be born* newspaper within the meaning of an Act to regulate printing by VWrequesting pant. /BY: DONALD D. of legal notices and advertisements, approved May 18, WARDEN, WELD 1931, and all prior acts so far as in forty. BE IT ALSO KNOWN COUNTY CLERK TO ( that the text and maps THE BOARD so carded by the Weld County Planning BY: Linda M. Dodge, - �f 6-.. / _. Commin to M stained may be Deputy Clerk `L/\ l�ined in the office of q - ,tyA SHER - . the Clerk to the Baer W located in Vn• Weld Published In the County Centennial wind.°' Beacon on Su abed and sworn to before me this //�� day of Cale.015 10th Steel F'a°+710.teas. --2-11..-ttr.t / 19‘14/ a NOTARY PUBLIC My commission expires 7 2, i9 g 6 , ,i • 940262 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-23, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this J - day of ,e6 5e,/,-7 , 1994. Deputy Clerk to the Board Chester Cresswell and Co. , et al Florin and Sally Schlautman 2009 Ponderosa Drive 14417 N. 6th St. Loveland, CO 80537 Phoenix, AZ 85022 Clifford, Baird and Katherine Betz Ray K. and Mary F. Davis 20166 I-25 Access Road 8470 WCR 24 Berthoud, CO 80513 Ft. Lupton, CO 80621 Frances Rutt Mary F. Wyscaver 4521 WCR 44 3880 Vanteylingen #317 Berthoud, CO 80513 Colorado Springs, CO 80917 Roger and Francis Steinke John Q. Moses aka Jack Mose 4686 WCR 46 2716 South Golden Way Berthoud, CO 80513 Denver, CO 80227 Michael and Barbara Soleta M.R. Diggs aka Marshall R. Diggs, Jr. 4912 WCR 46 3981 South Dexter Street Berthoud, CO 80513 Englewood, CO 80110 Colleen, Bryant, and Peggy Root, Gerrity Oil and Gas Corporation Trustees 4100 E. Mississippi Ave. , Suite 1200 4968 WCR 46 Denver, CO 80222 Berthoud, CO 80513 Ivar and Donna Larson Northwest Bank Denver, Trustee 925 N. County Line Road, Route 1 c/o Real Estate Investments (Purdy Berthoud, CO 80513 Trust) 1700 Broadway Denver, CO 80274 R.B. Fickel 20406 N. 141st Drive Sun City West, AZ 85375-5536 Albert and Lorraine Michall 643 W. 10th St. Loveland, CO 80537 940262 AMENDED NOTICE Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Minor Subdivision Final Plat are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-23 APPLICANT: Ivar and Donna Larson 925 North County Road, Route 1 Berthoud, Colorado 80513 DATE: March 9, 1994 (Initial hearing date February 23, 1994) TIME: 10:00 a.m. REQUEST: A Minor Subdivision Final Plat (Whitetail 112) LEGAL DESCRIPTION: Part of the E; of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2} miles southwest of the Town of Johnstown BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: February 14, 1994 DLL bAl" F 940262 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Amended Notice of Hearing. Docket 494-23, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this /5 — day of h7GCLi ��y . 1994. f k.yeti Deputy Cler to the Board Chester Cresswell and Co. , et al Florin and Sally Schlautman 2009 Ponderosa Drive 14417 N. 6th Street Loveland, CO 80537 Phoenix, AZ 85022 Clifford, Baird and Katherine Betz Ray K. and Mary F. Davis 20166 I-25 Access Road 8470 Weld County Road 24 Berthoud, CO 80513 Fort Lupton, CO 80621 Frances M. Rutt Mary F. Wyscaver 4521 Weld County Road 44 3880 Vanteylingen 4317 Berthoud, CO 80513 Colorado Springs, CO 80917 Roger and Francis Steinke John Q. Moses, aka Jack Mose 4686 Weld County Road 46 2716 South Golden Way Berthoud, CO 80513 Denver, CO 80227 Michael and Barbara Soleta M. R. Diggs 4912 Weld County Road 46 (Marshall R. Diggs, Jr. ) Berthoud, CO 80513 3981 South Dexter Street Englewood, CO 80110 Colleen, Bryant, and Peggy Root, Trustees Gerrity Oil and Gas Corporation 4968 Weld County Road 46 4100 E. Mississippi Ave. , Suite 1200 Berthoud, CO 80513 Denver, CO 80222 Norwest Bank Denver, Trustee Ivar and Donna Larson c/o Real Estate Investments 925 N. County Line Road, Route 1 (Purdy Trust) Berthoud, CO 80513 1700 Broadway Denver, CO 80274 R.B. Fickel 20406 N. 141st Street Drive Sun City West, AZ 85375-5536 Albert and Lorraine Michell 643 W. 10th Street Loveland, CO 80537 940262 t' MEMORAf1DUM ,, Board of County Commissioners February 18, 1994 ENGTo Data COLORADO Monica Daniels-Mika, Long Range Planner COLORADO From Continuation Comments Subject: Due to an infraction of the public hearing notice process, Case Numbers S-349 and S-350 for Ivar and Donna Larson (Whitetail 1 and 2) need to be continued until such time that adequate notice of a public meeting can be given. The applicants are requesting that this case be continued to the March 9, 1994, meeting. 940262 RESOLUTION RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (WHITETAIL /f2) - IVAR AND DONNA LARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ivar and Donna Larson, 925 North County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Whitetail #2) on the following described real estate, to-wit: Part of the E} of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were not present or represented, and WHEREAS, staff informed the Board that the necessary sign had not been posted in a timely manner and recommended a continuance to March 9, 1994, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, and, having been fully informed, finds that this request shall be continued to March 9, 1994, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ivar and Donna Larson for a Minor Subdivision Final Plat (Whitetail #2) on the hereinabove described parcel of land be, and hereby is, continued to March 9, 1994, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D. , 1994. //J� BOARD OF COUNTY COMMISSIONERS ATTEST: is /( 'i�L/I WELD COUNTY, COLORADO 4.4 Weld County Clerk to the e Board /7( /�'O' V 1'( A 1)P7 197 t . Hali.4T Et. Websterairman S �� BY: 4er Hoar m George/. Baxter ✓ EXCUSED DATE OF SIGNING (AYE) o my Attor ey Co tann/ce L. Harbert / Barbara J. Kirkm er ✓ [ EXHIBIT [� 40201 9 9� ��, ,�; •«, o, 262 HEARING CERTIFICATION DOCKET NO. 94-23 RE: A MINOR SUBDIVISION FINAL PLAT (WHITETAIL #2) - IVAR AND DONNA LARSON A public hearing was conducted on February 23, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika The following business was transacted: I hereby certify that pursuant to a notice dated February 7, 1994, and duly published February 10, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Ivar and Donna Larson for a Minor Subdivision Final Plat (Whitetail #2) . Lee Morrison, Assistant County Attorney, made this a matter of record and indicated an amended notice for a hearing on March 9, 1994, had been mailed to surrounding property owners. Monica Mika, Planning Department representative, indicated the applicants propose to continue this matter to March 9, 1994. The applicants were not present or represented. No public testimony was offered concerning this matter. Commissioner Hall moved to continue the request of Ivar and Donna Larson for a Minor Subdivision Final Plat (Whitetail #2) to March 9, 1994, at 10:00 a.m. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Ms. Mika informed the Board that one individual from the public was present earlier and was informed that the matter would be continued to March 9, 1994. This Certification was approved on the 28th day of February, 1994. �j� :::::::tCOUNTY ATTEST: �� Zlttfl COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board /4/ By: // ! f,/r ��7\//t ,( „iv/E./ ( . Webs er ha' an Deputy Clerk to the Board Dale K. Hall, Pr em TAPE #94-10 ,0 Georg4. Baxter DOCKET #94-23 EXCUSED DATE OF APPROVAL Con tance L. Harbert J PL0942 / art l t� l / ec it. -t Barbara J. Kirkmeye 940201 r e : 940262 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 9th DAY OF March 1994g DOCKET 9 94-24 - Resubdivision, Donald Parker DOCKET 0 94-21 - Minor Subdivision Final Plat, Ivar and Donna Larson (Whitetail /1) DOCKET 6 94-23 - Minor Subdivision Final Plat, Ivar and Donna Larson (Whitetail /2) DOCKET 9 PLEASE write or print your name legibly, your address and the DOCKET 9 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 7Att"I-ilin/ f 0-4,4%. /ft pli 144 e Ad Arty ?y- .2 y , .le,r? lit , 7 . ,._8- 7y- y /vi/Lc.: SotC7. yevJune '/4 molare 4 &,. Soso elq• a/ %y•33 4-P- "ti I fl\ -1, / lail,4 'd,c,..a a_. ` / L- Cve%A) l%5 e' hi( He e r 006 10604/6 &r f it o u c2. 9V-.2/ J 9V- 2.3 P atil d Psae: P,/lie/ y LAC 4,-e A'/C- SW/4r I `/' 1l / 5'`l -z; ead-A.2 050 Qilulgvo 4o04a.v.j,i, VI-2R- `/y,9.5 c¢Lt.. di-41._ /,I Ve7 lc.e ( '-cceli)nce, 7 v-.2/ 99y-al O-11.1 tia"-ThMMf 155 st1. 6kill th 94-2/ 4-.9t/-25 yiett, d v 1 v4 u ex, 4' 4 91/ -.2 ) • rz E X H I e,1,T, ,,4 w�iT14,1:i.,,; 9402 : T. . SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # T THE SIGN WAS POSTED BY: ,a"/F-9frf g/Z W. �A,�sotJ NAME OF PERSON POSTING SIGN SIGNATURE' APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) Q�\ : R1 BED AND SWORN TO ME THIS\ AY OFyQ , 19 \VEAL 111 Q NOT " PUBLIC MY COMMISSION EXPIRES y-N� --\\ •LAST DAY TO POST SIGN IS: j(Lb a , 1994 14 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. EXHIBIT -- --- 940262 940262 RESOLUTION RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (WHITETAIL 02) - IVAR AND DONNA LARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ivar and Donna Larson, 925 North County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Whitetail #2) on the following described real estate, to-wit: Part of the Ei of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on February 23, 1994, the Board deemed it advisable to continue said matter to March 9, 1994, at 10:00 a.m. , to allow the applicants to post the necessary sign in a timely manner, and WHEREAS, at said hearing on March 9, 1994, John Chilson, Attorney, represented the applicants, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, and, having been fully informed, finds that this matter shall be continued to March 16, 1994, at 10:00 a.m. at the request of the applicants' attorney. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ivar and Donna Larson for a Minor Subdivision Final Plat (Whitetail #2) on the hereinabove described parcel of land be, and hereby is, continued to March 16, 1994, at 10:00 a.m. -_EXHIBIT ` . � 940240 PLC �f - e.e. 940262 MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL #2) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D. , 1994. ATTEST: 44478/41/� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO � J I/L Q Weld County Clerk to the Board( _'t _( W./H. Webster, C airman /��t1 C BY: /"�.47-4e-- �1 Deputy Clerk to the Board Dale . Hall, 2!:::=T m APPROVED AS TO FORM: r � eorge . Baxter 'STir1 Y � X71 �Y/iA tZ.O<� County Attorn y Constance L. Harbert EXCUSED Barbara J. Kirkmeyer 940240 940262 Hello