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Home My WebLink About940307.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: GRANT CHANGE OF ZONE #486 FROM A (AGRICULTURAL) TO E (ESTATE) - WILLIAM E. FRANZ, JR. 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, a public hearing was held on the 30th day of March, 1994, at 10:00 a.m. for the purpose of hearing the application of William E. Franz, Jr. , 39718 Weld County Road 33, Ault, Colorado 80610, requesting Change of Zone #486 from A (Agricultural) to E (Estate) for a parcel of land located on the following described real estate, to-wit: Part of the NW* of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Jackie Johnson, Attorney, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21. 7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies. The goals and policies allow for the conversion of non-prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Ault has reviewed this request and supports the proposed Change of Zone. The subject property is located in the Ault Comprehensive Planning Area. b. The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses which include rural residences, agricultural production, pasture, and livestock confinement operations. PL0947 940307 pLo9ei) 6,i / Z CHANGE OF ZONE - FRANZ PAGE 2 c. Public water is available from North Weld County Water District. Septic systems are proposed for sewage disposal. d. Existing highway facilities providing access to the property are adequate to meet the requirements of the Estate Zone District. Weld County Road 33 is a paved County local road. e. A portion of the 22-acre site is located in the Flood Hazard Overlay District. All structures located in the overlay district shall comply with the Flood Hazard Overlay District requirements. No other overlay districts affect the site. f. The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of William E. Franz, Jr. , requesting Change of Zone #486 from A (Agricultural) to E (Estate) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat, the following notes shall be placed on the rezoning plat: a. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal shall be provided by Individual Sewage Disposal Systems. c. The maximum number of lots shall be six, as stated in the rezoning proposal. d. Weld County Road 33 shall provide access to the subject site. No access shall be allowed from the property to State Highway 14. e. A Flood Hazard Development permit shall be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. 940307 CHANGE OF ZONE - FRANZ PAGE 3 f. A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. g. The applicant/owner shall provide reasonable access to the shared water well on the property. 3. Prior to recording the rezoning plat, the plat shall be amended to show a 75-foot right-of-way reservation south of the centerline of State Highway 14. 4. Future submittal for minor subdivision approval shall address the concerns of the Colorado Department of Transportation, as outlined in a letter dated January 28, 1994. 5. The Minor Subdivision Sketch Plan plat shall show access to the water well on the property for the benefit of off-site users. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: LteMiet WELD COUNTY COT4ORADO • Weld County Clerk to the Board � . Webster, Ch. rma BY: 7Y /W/�-�G Stales eputy to the Board Da e " Hall, Pr�Te APPROV S TO FORM: L. � ege . Baxter County Atto ey Constance L. Harbert yi /4itic sA N/41-1,6,-17/4-2 /Barbara J. Kirkme$r 940307 HEARING CERTIFICATION DOCKET NO. 94-26 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - WILLIAM E. FRANZ, JR. A public hearing was conducted on March 30, 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, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated February 23, 1994, and duly published March 10, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of William E. Franz, Jr. , for a Change of Zone from A (Agricultural) to E (Estate) . Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Jackie Johnson, Attorney, represented the applicant and stated the Planning Commission recommendation speaks for itself. Ms. Dunn said there are five Conditions of Approval which must be placed as notes on the plat. Marian Killen, adjoining property owner, read a letter of concern from her and her husband. She said the property is adjacent to two feedlots and across from a pig farm, as well as being in an aerial spray route. Ms. Killen stated urban dwellers do not belong in the country and stated concerns about flooding. Ms. Dunn explained flood hazard development permits will be required for each home built. She referred to correspondence between George Vadakin, Northern Project Property Administrator for City of Thornton, and Laurie Exby, Health Department, Exhibit G for the record, regarding feedlot runoff. She explained the City of Thornton owns the feedlot and is working with the Health Department to resolve the problem. Mr. Vadakin indicated Thornton owns land to the west, north, and east of the proposed site and is concerned with the proposed development's uses being incompatible with the surrounding agricultural uses. In response to questions from the Board, Mr. Vadakin indicated the feedlot to the east has two existing detention ponds, and the west feedlot, owned by Thornton, is in the process of installing a detention pond. He reiterated concern with non-agricultural people residing in an agricultural area. Ms. Johnson clarified this is only the first stage, being a Change of Zone, and the problems raised will be addressed at the minor subdivision stage. She indicated the development will add six new lots, and there are already numerous lots to the south. Ms. Johnson said the site is only one-half mile west of the Town of Ault and the drainage issues will be solved once the detention pond is installed. She stated the floodplain issues have been addressed and will continue to be addressed, and Mr. Franz will continue communicating with the neighbors. Discussion ensued concerning the water rights of the well, and Ms. Johnson indicated the Jordan property had been sold; however, as required by Condition of Approval #2g, the water rights will be honored. She further explained the irrigation well is not presently operating, and they are researching the owners of the water rights. Ms. Johnson stated Mr. Franz has a minimum of 80 percent of the water rights, with public water available, and the well is only for irrigation. In response to further questions from the Board, Ms. 940307 PLOQ4'7 RE: HEARING CERTIFICATION - FRANZ PAGE 2 Johnson indicated the land was previously a sod farm, irrigated by a sprinkler, and Mr. Franz's residence is on the site. The site is 22 acres, with a maximum of six lots proposed. Ms. Dunn confirmed the site is one-half mile from Ault's city limits. Ms. Johnson indicated there had been no talk about annexation; however, this type of development is in Ault's long-range plans. She reiterated there are several recorded exemptions to the south with a house on each lot; therefore, this type of development would be compatible. Ms. Johnson also stated the existing lots are probably smaller than the proposed lots. Commissioner Hall moved to approve the request of William E. Franz, Jr. , for a Change of Zone from A (Agricultural) to E (Estate) , based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. He reiterated that the proposal is within one-half mile of the Town of Ault, which has indicated it is within its residential area and had no concerns. The motion was seconded by Commissioner Harbert. Commissioner Baxter reiterated that concerns would be addressed at the next stage and this property is within the area of expansion for the Town of Ault. Commissioner Kirkmeyer, too, stated this is just the Change of Zone stage and concerns would be addressed at the minor subdivision stage. Commissioner Harbert reiterated Commissioner Hall's comments and stated the proposal would be compatible with the Town of Ault and the other homes in close proximity. The motion then carried unanimously. This Certification was approved on the 4th day of April, 1994. 0f APPROVED: ATTEST: / O4404 APPR0VED: 0F COUNTY COMMISSIONERS WELD COUNTY C LORADO Weld County Clerk� to the Board hf 11 q/ By: �Lgq'�'c H. Webster, C De uty Cle9 to the Board Dale all, Pro- em TAPE #94-17 K � c Gea ge Baxter DOCKET #94-26 Constance L. Harbert PL0947 / $ 2,7,±zzint_, Barbara J. Kirkme er 940307 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF March 1994; DOCKET U 94-27 — SPECIAL REVIEW PERMIT FOR KENNETH MAYER (RE #1580) DOCKET U 94-26 - CHANGE OF ZONE FOR WILLIAM E. FRANZ, JR. DOCKET U 94-28 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #1) FOR LARSON DOCKET U 94-29 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #2) FOR LARSON PLEASE write or print your name legibly, your address and the DOCKET U (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING T%4-, ,cam; %Y 77//3 4MP 7V-�, lki&Lie.wA , 397/8 WClll 33 9y- Q (o t'r &al. n.�I n) a 9/(90 1001) ��5' 9l1/ - 6 cLrJ l ' l850 ' Wu 60 951.- C' `Jy-3 1 cl -dtf 9r-,022. v.-, e -,210 )4 570 & guy i(r) i t ( k am.. Cam'-1 :2 016 ��ve y Al) 9 y iy-29 29 c d , i- e e 77-- .1 9 9-.gi p /AL AA, /Y7(fc-er )1'/2 f, A 7, ae) 9'- Y ' `IV-i7 '7)1,41 A ..?c2_ .7-r7QE. ' iSruaE. ECCAI 60 9t1_z8. .f `39-zy A0/-etAn (y , 0 2 �?� l,�l�s Cep` �lc� q4 a'— Y4-J 9 t,.Qvoz ("›. a.-clt, N 70_4- k/c l{ Ll L A'.i ,z-,l,,i,p)C3o 90, 5 R :6 Luc, fm y3 (,, C-)LutLig !J) Kos-« (ilk-Iv du i,La-►'n a.„ Z.3 r.Sa wit 1 i 014tu44r.M1 G.. W-z# 99- -,? (J .w.u.( (24.11,4_,) /coo Iv It ,,s..G- c'p370(a3/ v1t.. lc, - .-L. L., S.-PJe Olt/id-NC 35-1-1 FCle li /meld,' (O1 06-15 (Ty-.2S' Thy • 9403C7 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning 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 following proposed Change of Zone 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. 94-26 APPLICANT: William E. Franz, Jr. 39718 Weld County Road 33 Ault, Colorado 80610 DATE: March 30, 1994 TIME: 10:00 A.M. REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the NW'y of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately s mile southwest of the Town of Ault, south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge, Deputy DATED: February 23, 1994 PUBLISHED: March 10, 1994, in the Windsor Beacon 94030'7 Pursuaaileali the vs,of MIMS Ord waa AFFIDAVIT OF PUBLICATION C tmmiwon°ls ` Weld County, ty,Coto(Cents , Weld STATE OF COLORADO C915 10th Street, Floor, 5a time eeeley,Col at the COUNTY OF WELD lowing ed I, ROGER A. LIRKER, of said County of Wald, being duly t tedd to aUMWe d sworn,say that I am publisher of e tiro Wiwi or any WINDSOR BEACON a Sad al go-e a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in eAtNth, said County and State; and that the notice, of which the adenoid M annexed is a true copy, has been published in said weekly action a for t successive weeks, that the notice was lbeto mpoky e M to tae published in the regular and entire issue of every number of Mater shell to the paper during the period and time of publication, and in MtuMaaPany. the newspaper proper and not in a supplement, and that 8S IT ALSO a KW trr the first publication of said notice was in said paper bearing txyt fi t a zit theOate of the /� day of 171,04-6-e-- A.D., 19 €7/ and the se Clerk the / J •last publication bearing the date of the 411nt Comm day of A.D., 19_ and that In the Weld . the said WINDSOR BEACON has been published Third F continuously and uninterruptedly for the period of 5 e consecutive weeks, in said County and State, prior to the KErNo.azs' date of first publication of said notice, and the same is a EFiam,fir. newspaper within the meaning of an Act to regulate printing AwW° �° of legal notices and advertisements, approved May 18, 1931.and all prior acts so far as in force. BATE: March 50, a ma: tOAOA.M. loom A STChanq 7Mr (, „ , • 880ul(Agrla north E jt- ISHER LEGAL g1 DESCRIPT itheeeMYYb Non, is' scribed and sworn to before me this Re tt day of f6 Waef of the 6 2 4A-c& 19 �(�/ 111WWW111ddd �{- //�/ j x, LOCATION.�me 1-"La //\ ZIP- yA n 12 mile souhwweac NOTARY PUBLIC Town of AWL south ant adjacent east d atnd to Weld Ca ,�County - My commission expires / J /9q G . BOARD OF COUNTY COMMISSIONERS,WELD COUNTY,COLORADO BY:DdJALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BYiinda N.Dodge,Deputy I SW 940307 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-26, was placed in the United States mail, postage prepaid, addressed to the following property y owners. // DATED this 211/15day of /7?a 2/ --) , 1994. Deputy Clerk Robert N. , Jr. and Carmen 0. Rangel PO Box 126 Ault, CO 80610-0126 Edward, Eleanora M. , and Ronald D. Jordan 39574 WCR 33 Ault, CO 80610 James Herlad and Marian Anita Killen 1006 N. 3rd St. Miles City, MT 59301 David 0. and Priscilla A. Faulkner 39620 WCR 33 Ault, CO 80610 City of Thornton 9500 Civic Center Drive Thornton, CO 80229 William E. Franz, Jr. 39718 WCR 33 Ault, CO 80610 940307 City of r Thornton AY FARM MANAGEMENT P.O. Box 128 Ault. Colorado 80610 February 25, 1994 Laurie Expy Department of Health 1517 16th Street Greeley, CO 80631 Dear Laurie: I am in receipt of your Legal Action no.: 016-94 regarding our property located in Weld County at the intersection of Road 33 and Highway14. I have contacted our lessee and instructed him to cooperate with you during this process. I am not familiar with the regulations you have cited relating to confined animal feeding operations. I would like to meet with you sometime soon to obtain a copy of the regulations and discuss resolution of this matter. Please feel free to contact me at the Thornton Farm Management Office in Ault at 834-2785. Sincerely, Georg G. Vadakin Northern Project Property Administrator cc: 886NP (hesse lease) nnCIC7 17 7 ,rO1 EXHIBIT LIAR 021994 The City of Panned Progress 94030 • If \ DEPARTMENT OF HEALTH (if 1517.18 AVENUE COURT IGREELEY.COLORADO 80831 ADMINISTRATION 3534588 Intnali COMMUNITY HEALTH HEALTH(3CTION 03)353-0839 COLORAD 46.1)41 March 18, 1994 Certified Letter No. P 186 978 676 Legal Action No. : 016-94 Mr. Brian Foss City of Thornton, Farm Management P.O. Box 128 Ault, Colorado 80610 Dear Mr. Foss: As you are aware, a meeting was held March 15, 1994 to address the waste water being discharged off the feedlot located at the southwest intersection of Weld County Road 33 and Highway 14 onto 39718 Weld County Road 33. The feedlot is owned by the City of Thornton and operated by Mr. Charles Hesse. Those in attendance were Mr. Brian Foss, Thornton Farm Management, Mr. Charles Hesse, lessee, Mr.William Franz, property owner of 39718 Weld County Road 33, Ault, Colorado and Laurie Exby, Environmental Specialist, Weld County Health Department. A previous inspection determined that waste water from the feedlot discharged off property via a manmade ditch, under Weld County Road through a culvert into a small pond on Mr. Franz's property. Therefore the operation, is by definition of the Confined Animal Feeding Operations Control Regulations 4.8.0, a concentrated animal feeding operation. 4.8.2 The pollutants are discharged directly into waters of the state through a manmade ditch, flushing system or other similar manmade device (culvert) . The operation could be considered an animal feeding operation when this discharge into state waters through a manmade device is halted. At this point the feedlot operation could utilize: 4.8.6 Animal Feeding Operations - Best Management Practices rMa5- 7tT AR 2 9 99 940397 Mr. Brian Foss City of Thornton, Farm Management Certified Letter No. : P 186 978 676 Legal Action No. : 016-94 • March 18, 1994 Page 2 Particular attention should be paid to: (4) Practices to decrease wastewater discharges to watercourses: (A) Operators of animal feeding operations shall collect and allow wastewater to evaporate. (B) Operators of animal feeding operations shall collect and evenly apply wastewater to land at proper agronomic rates. (C) Operators shall not deposit such material which might pollute waters of the state in such locations that storm water run-off or normally expected high stream flow will carry such • locations that storm water run-off will carry such material into the waters of the state. (D) Process wastewater retention structures shall not be located within a mapped 100 year flood plain as designated and approved by the Colorado Water Conservation Board (CWCB) unless proper flood proofing measures (structures) are designed and constructed. Prior to implementation or construction a development plan utilizing all facets of the Best Management Practices will be submitted. Mr. Foss agreed to submit the plan to the Environmental Protection Division by April 1, 1994. Following submittal of this plan, a review will be completed by the Division. Notification of approval or request of plan -modification will be sent certified mail to Thornton Farm Management and Mr. Hesse. Upon approval Thornton Farm Management will implement the plan. If there are any questions please contact Laurie Exby at 353-0635. Sincerely, Laurie Exby, Environmental Specialist 1x/360 cc: Charles Hesse 00,x\mi- ff MAR 2 9 1994 -c 7' - 940307 sdi`� City of se-Are Thornton FARM MANAGEMENT P.O. Box 128 Ault. Colorado 80610 March 18, 1994 Laurie Espy 1517 16th Ave. Ct. Greeley, CO 80631 Dear Laurie: Here is the plan of action for the feedlot located on the corner of Colorado Highway 14 and Weld County Road 33. Since the feedlot falls under the 1,000 head minimum for an engineered design, we felt that this type of description for the work to be performed would be sufficient. The west fence-line for the alley (see map) will be removed and an embankment will be constructed to contain what little water run-off may exist. The embankment will run along the east fence-line of the corrals for approximately 265 ft. and then travel west along the north and south fence-lines approximately 25 ft.. The height of the embankment will be approximately 3 ft.. The perimeter of the embankment will have a heavy plastic lining to prevent seepage as well as rotting of the fence. This plan comes from the initial comments made by Wes Potter a few years ago as well as the historical patterns of run-off experienced by previous tenants. If this plan is sufficient to contain run-off, please let me know as soon as possible so the work may begin immediately. If you have any further questions or comments, please give me a call. Sincerely, ety. cepX,ara. - Brian L. Foss r AMR 2 lige ;t( Farm Operations Coordinator Attachment The Cl;/ ,f e-- cress 940307 u.wZ i : -'' Ce i' O-- et :L-::,% ft/>?/ oild I. rL dike aI07 a5teirn +er,oe/;Ag th 00/760, ',4 ,firer tun 04'4- a- �i west a/o F NorrA .^t sari} re,oe. /,e c„,N f c✓rke gxCend,� a�prar z d t /� croft, tAe. eastern 4nc a//n e am _ Farce //Ae. 60 6e re noel ...mos • 3-Pt, Burn, to be ConstnH ' * Dike. to /ave. Aeauy p/cstc /myp so as no* en y fence /in. or Seep. I I ORAL) i I ��i , L 1 c e Y,l � a�eti N ",z 7:,- FMiit:n!! 14/19/ V l 1 rr--c,raut 940307 • STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Pre O� Region 4 r. r r • _ 1420 2nd Street P.O.Box 850 - Greeley,Colorado 80632-0850 - - (303)353-1232 Weld County, SH 14 Franz Change of Zone S .E. Corner SH 14/WCR 33 1 Mile W. of Ault (Off-System Access Point) March 25, 1994 Ms. Gloria Dunn - Current Planner Weld County Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Gloria, In my January 28, 1994 review for this development I stated that a minimum noise set-back distance would be provided. That distance has been calculated. The minimum recommended distance from the state highway centerline to the edge of the house or porch has been determined to be 67 feet . The distance is less than the standard requirement for right-of-way along this stretch of SH 14, (that desired ROW width from centerline being 75 feet) . Note that this distance of 67 feet still results in a very loud condition, one which makes normal conversation difficult . Based on this calculated distance it appears that the County' s standard set-backs should be adequate . My prior comments regarding double glazing of windows and insulation of the residential units remain valid. It is recommended that all reasonable measures be taken in order to mitigate the negative impacts of traffic noise. Please contact me at (303) 350-2163 if you have any questions regarding this information. Sincerely, Teresa Jones Region Development ccess Coordinator TGJ:gi xc: D. Yost G. Sisson file `i r BL S 5 7 - MAR 2 P,, 1994 ,+r.punning IL y/4/f P. 910377 7r k Ir41 t i„,d 0n-ac�'t(} . ,y h� . 4 C 9-er ettE w C�bL� 1 (goy C`r''1 c\f�N 31Cm eC . 1 1!A. roL.Q4 � 1.4e. C\. 4 l tlAtxt*ETIv\ r U c u1v�� lR��'- ; ��P 1�J2CL.'r"y ///// ' ' (��.. W �►��,.w 9)v ) a-0 Qd R01_� -' R 9�z()loot.. . Date 3-14-94 " pen,ifrp Cnnn.uc 3 LAI14L^lvfih Hello Nieghbor, I felt a courtesy letter, may be proper, as an information guide, as the rezoning process continues on our property. We have had three hearings so far, one with Ault Planning Com. , one with Ault Town Board, and one with Weld County Planning Com. and one more to go with Weld County Com. The first two hearings lasted approminently, one hour each, with many exchanges of thoughts and ideas, then a favorable vote to pass the measure at hand. The third hearing was with Weld County Planning Com. in Greeley. It also lasted approximently one hour. there was disscussions and exchanges of many ideas and thoughts there also. Mr. and Mrs . James Killen was present and reported upon their thoughts and ideas . Mrs . Patricia Faulkner was present and expressed some of her thoughts . Through a letter from Mr. and Mrs . Jordan the Weld County Public Health Dept became interested, in the Feedlot, disposing waste on the North West corner of the property. This issue is now, as reported to me by telephone on 3-14-94, at the State of Colo. level under consideration. No decision has been reached at this point. After all dicussions were heard a vote was taken to pass the measure. Since that time, the only new developement is the Health Dept; at the State level becoming involved in the feedlot runoff . If any of you have anv thought or question you would like answered, concerning the rezoning process, please feel free to give me a call or just walk over, and we can visit about it . Some time in April, assuming that the last hearing will follow the first three, I will make application to Weld County Planning for a minor subdivision. At that time we will be deciding what type and style of homes we will permit to be built, along with restrictive covenents . As we formulate these ideas I want, you folks, to be a constructive part of those decisions if you don't mind. If any of you would just as soon pass, thats fine, we' ll do the very best we can to produce a high quality result . I also feel that, I should make information known to you, probably once a month through a letter, unless a more urgent need occurs . When I first started, all of you seemed to be very supportive, lets work on any problems together, now thatlBaindl in this, anti; have a good result. ,T aun Bill Franz, Jr. i iG).0577 ' MAR 1r1994 \ G Ex h b%f 940307 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING February 15, 1994 A regular meeting of the Weld County Planning Commission was held February 15, 1994, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 456 Roll Call Richard Kimmel Present Shirley Camenisch Present Juliette Kroekel Present 7 v Bill O'Hare Absent Bud Clemons Absent Marie Koolstra Present Ron_Sommer __ _ _ ___Present . . ��=..,; x..�Tom R. .. Present — s - :.;.- ..�,..- - � -::_...., .�:.._—�.:: . . .--....- - - Present __ . _._. Judy`'Yaivaguchi"'"'"` Also present: Gloria Dunn, Current Planner, Department of Planning Services; Jeff Stoll, Director, Environmental Protection Services; Cyndy Giauque, Assistant County Attorney; Sharyn Ruff, Secretary. CASE NUMBER: Z-486 APPLICANT: William E. Franz, Jr. REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault; south of and adjacent to Highway 14 and east of and adjacent to Weld County Road 33. Jackie Johnson, representative, explained the application for a Change of Zone from Agricultural to Estate as a preliminary for a subsequent application for a Minor Subdivision. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Jim Killen, surrounding property owner, read two letters into the record expressing concerns for neighbors who share water rights and concerns about compromising agricultural endeavors in the area. Other concerns addressed were runoff in the area from surrounding feedlots, crop dusting operations, and swine operations. o9`) agi`H4 rxh/b/ C' 940397 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION February 15, 1994 Page 2 Pricilla Faulkner, surrounding property owner, addressed concerns about the floodplain, use of water from a well, ingress and egress onto the County road, covenant concerns for a six lot development, and the Town of Ault's Master Plan. Jackie Johnson said the application the Planning Commission was reviewing today was for a change of zone only. The Chairperson asked if the applicant agreed with staff' s recommendation. Jackie Johnson said yes. Marie Koolstra moved Case Number Z-486, William E. Franz, Jr. , be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson;_asked the, secretary to poll the members :of the Planning Commission for their decision." Richard Kimmel - yes; Shirley Camenisch - yes; Juliette Kroekel - yes; Ron Sommer - yes; Tom Rulon - yes; Marie Koolstra - yes; Judy Yamaguchi - yes. Motion carried unanimously. Judy Yamaguchi left at 2:00 p.m. CASE NUMBER: USR-1040 APPLICANT: Kenneth Mayer REQUEST: A Site Specific Development Plan for an Agricultural Service Establishment to process vegetables in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 SW4 of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of the intersection of State Highway 66 and Weld County Road 19 on the east side of Weld County Road 19. Fred Otis, representative, explained this Special Review request is for a vegetable processing plant. The applicant has the property under contract at this time through a Recorded Exemption application. This proposal fits the needs of the community and is an agricultural use in the Agricultural zone district. Marie Koolstra asked what kind of vegetables they would process. Fred Otis said primarily potatoes and onions, but they would keep their options open for the future. Shirley Camenisch asked about truck delivery. Kenneth Mayer, applicant, said farm trucks would deliver and semi-trucks would haul away. Shirley Camenisch asked how many trucks would make runs daily. Kenneth Mayer said a maximum of 10, but this would only be over a 3-4 month interval because this type of operation is seasonal. 940397 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra 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: Z-486 NAME: William E. Franz, Jr. - ADDRESS: 39718 Weld County Road 33 , Ault, Colorado 80610 REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of non- prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Ault has reviewed this request and supports the proposed change of zone. The subject property is located in the Ault Comprehensive Planning Area. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include rural residences, agricultural production, pasture, and livestock confinement operations. Public water is available from North Weld County Water District. Septic Systems are proposed for sewage disposal. Existing highway facilities providing access to the property are adequate to meet the requirements of the Estate zone district. Weld County Road 33 is a paved County local road. • 1)72 12 i) 9403 ''7 RESOLUTION, Z-486 William E. Franz, Jr. Page 2 - A portion of the 22 acre site is located in the Flood Hazard Overlay District. All structures located in the overlay district shall comply with the Flood Hazard Overlay District requirements. No other overlay districts affect the site. - The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat, the following notes shall be placed on the rezoning plat: a. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal shall be provided by Individual Sewage Disposal Systems. c. The maximum number of lots shall be 6, as stated in the rezoning proposal. d. Weld County Road 33 shall provide access to the subject site. No access shall be allowed from the property to State Highway 14. e. A Flood Hazard Development permit shall be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. f. A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. g. The applicant/owner shall provide reasonable access to the shared water well on the property. 940307 RESOLUTION, Z-486 William E. Franz, Jr. Page 3 3. Prior to recording the rezoning plat, the plat shall be amended to show a 75 foot right-of-way reservation south of the centerline of State Highway 14. 4. Future submittals for minor subdivision approval shall address the concerns of the Colorado Department of Transportation, as outlined in a letter dated January 28, 1994. 5. The Minor Subdivision Sketch Plan plat shall show access to the water well on the property for the benefit of off-site users. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Shirley Camenisch Juliette Kroekel Marie Koolstra Ron Sommer Tom Rulon Judy Yamaguchi The Chairperson 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 for the Weld County Planning Commission, do 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 February 15, 1994. ted the 5th of Feb ary, 1994. Sharyn F Ruff Secretary 940317 ADDITIONAL COMMENTS William E. Franz, Jr. Z-486 In a telephone conversation with the Colorado Division of Water Resources on January 28, 1994, the staff was informed that there is no ownership of the Larson-Mollander Seepage Ditch which follows the east boundary of the subject site. The Colorado Oil and Gas Conservation Commission, in a letter dated January 19, 1994, stated that there are no permitted oil and gas wells in Section 14, where the 22 acres is situated. Therefore, a possibility does exist for future activity on or near the parcel. The applicant could make application to the Commission to have the parcel designated as a high density area, thereby increasing setback limitations should oil and gas production take place in the future. Surrounding property owners Marian A. and J.H. Killen, in a letter dated January 28, 1994, expressed concern regarding the compatibility of the proposed use with surrounding agricultural uses in the immediate area. Surrounding property owners Eleanore and Ed Jordan, in a letter dated February 6, 1994, expressed concern regarding feedlot runoff from a neighboring parcel and access to the community well on the Franz property. Surrounding property owner David Faulkner, in a telephone conversation of February 10, 1994, expressed concern regarding access to the community well on the Franz property. The Colorado Geological Survey, in a letter dated February 11, 1994, requests that future subdivision proposals for this site be sent for its review and comments. The Department of Planning Services will forward subdivision sketch plan and final plat applications to the Colorado Geological Survey, if submitted by the applicant. Drainage issues raised by the Colorado Geological Survey, in a letter dated February 11, 1994, concerning the Mead Lateral Ditch and runoff from the adjacent feedlot (west of Weld County Road 33) shall be addressed as a part of the minor subdivision process. 94031t7 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: William E. Franz, Jr. Case Number: Z-486 Submitted or Prepared Prior to Hearing At Hearing 1. Application 18 pages X 2. 2 Application plat 2 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. January 19, 1994 field check by Richard Kimmel X 12. January 28, 1994 referral from Colorado Department of Transportation X 13. January 31, 1994 referral from Ault Planning Commission X 14. January 17, 1994 referral from Ault Fire Protection District X 15. January 19, 1994 referral from Colorado Oil and Gas Commission X 16. January 31, 1994 referral from Weld County RE-9 School District X 17. January 20, 1994 referral from the Weld County Engineering Department X 18. February 1, 1994 referral from the Weld County Health Department X 19. February 7, 1994 referral from West Greeley Soil Conservation District X 20. January 28, 1994 letter from Marian and J.H. Killen X 21. February 6, 1994 letter from Eleanora and Ed Jordan X nC1/2/ f�} 940307 INVENTORY OF ITEMS William E. Franz, Jr. Z-486 22. February 14, 1994 letter from David and Priscilla Faulkner X 23. February 11, 1994 referral from Colorado Geological Survey X I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on February 18, 1994. GlorialDu n, Current Planner STATE OF COLORADO ) A COUNTY OF WELD „SUBSF4IBED AND SWORN TO BEFORE ME THIS IPPday o 19x41: TWA • Erie • ie • ' tJ e 1.�C: O N TARP P B IC .Pr`\ ' ?My rColtdo lion Expires n a( t i QC 94037 DKHIBIT INVENTORY CONTROL SHEET Case dDZ -41 6 r/l1v, Exhibit Submitted Byyy Exhibit Description *NA. idZanim y% $67 /i2de.n-7/iyrw '/VA'ins , /;:za B. /LQ/Vn/nG�O/J9/n/.�S/�7 /CeSOL /a !�/GN n7me/1L2QLLT7/ ,143 c. fran/7n y arin/n/SS/oYt .5tcniniary o/learn j O%3 D. &.rk 7Iv &&axd /Vibeal /A zai ��// // /1-3,7//7,r E. /YQ/7al4y "1)t6 /J U/ L et-Ct. - -/o C-+lea t'11.4linn n 741 4 bF. NA/2En' 94 /77 � doh,. 3736 G. fA, ofd, H. I. J. K. L. M. N. 0. P. 4. R. S. T. U. V. W. X. Y. Z. 9403a7 DATE: February 15, 1994 CASE NUMBER: Z-486 NAME: William E. Franz, Jr. ADDRESS: 39718 Weld County Road 33 REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of non- prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Ault has reviewed this request and supports the proposed change of zone. The subject property is located in the Ault Comprehensive Planning Area. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include rural residences, agricultural production, pasture, and livestock confinement operations. Public water is available from North Weld County Water District. Septic Systems are proposed for sewage disposal. Existing highway facilities providing access to the property are adequate to meet the requirements of the Estate zone district. Weld County Road 33 is a paved County local road. A portion of the 22 acre site is located in the Flood Hazard Overlay District. All structures located in the overlay district shall comply with the Flood Hazard Overlay District requirements. No other overlay districts affect the site. 94032 7 RECOMMENDATION, Z-486 William E. Franz, Jr. Page 2 The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat, the following notes shall be placed on the rezoning plat: a. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal shall be provided by Individual Sewage Disposal Systems. c. The maximum number of lots shall be 6, as stated in the rezoning proposal. d. Weld County Road 33 shall provide access to the subject site. No access shall be allowed from the property to State Highway 14. e. A Flood Hazard Development permit shall be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. f. A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. g. The applicant/owner shall provide reasonable access to the shared water well on the property. 3. Prior to recording the rezoning plat, the plat shall be amended to show a 75 foot right-of-way reservation south of the centerline of State Highway 14. 4. Future submittals for minor subdivision approval shall address the concerns of the Colorado Department of Transportation, as outlined in a letter dated January 28, 1994. 940307 RECOMMENDATION, Z-486 William E. Franz, Jr. Page 3 5. The Minor Subdivision Sketch Plan plat shall show access to the water well on the property for the benefit of off-site users. 940307 ADDITIONAL COMMENTS William E. Franz, Jr. Z-486 In a telephone conversation with the Colorado Division of Water Resources on January 28, 1994, the staff was informed that there is no ownership of the Larson-Mollander Seepage Ditch which follows the east boundary of the subject site. The Colorado Oil and Gas Conservation Commission, in a letter dated January 19, 1994, stated that there are no permitted oil and gas wells in Section 14, where the 22 acres is situated. Therefore, a possibility does exist for future activity on or near the parcel. The applicant could make application to the Commission to have the parcel designated as a high density area, thereby increasing setback limitations should oil and gas production take place in the future. Surrounding property owners Marian A. and J.H. Killen, in a letter dated January 28, 1994, expressed concern regarding the compatibility of the proposed use with surrounding agricultural uses in the immediate area. Surrounding property owners Eleanora and Ed Jordan, in a letter dated February 6, 1994, expressed concern regarding feedlot runoff from a neighboring parcel and access to the community well on the Franz property. Surrounding property owner David Faulkner, in a telephone conversation of February 10, 1994, expressed concern regarding access to the community well on the Franz property. The Colorado Geological Survey, in a letter dated February 11, 1994, requests that future subdivision proposals for this site be sent for its review and comments. The Department of Planning Services will forward subdivision sketch plan and final plat applications to the Colorado Geological Survey, if submitted by the applicant. Drainage issues raised by the Colorado Geological Survey, in a letter dated February 11, 1994, concerning the Mead Lateral Ditch and runoff from the adjacent feedlot (west of Weld County Road 33) shall be addressed as a part of the minor subdivision process. 94G3,97 D FEB 1 5 1994 February 14 , 1994 •4/al,1 rruntf Planning To: Weld County Planning Commission From: David and Priscilla Faulkner p d, z< ` 0,w)ca21Lv piicti��vrt� 39620 W.C.R. 33 Ault, Colorado 80610 (303) 834-1172 We object to the proposed change in zoning of the property adjoining our property from agricultural to estate development for the purpose of the development of six lots on which to build homes for the following reasons: 1. It is our understanding that the proposed six building sites are on land that is in a flood plain. How will this problem be solved to blend in with the existing life styles of the lands present neighbors? 2 . There is a twenty to thirty foot by two hundred foot strip of land that is in front of our property and the property owned by our neighbor to the south that has a six hundred per gallon irrigation well on it that is used to irrigate the agricultural land that is being proposed for six estate building lots. How will this well structure, access to the well, and the water in the well be planned for in this proposed estate development. 3 . How will six more ingress and egress sites to W. C.R. 33 in a quarter mile stretch affect the traffic safety on this county road? 4 . What are the covenants for the structures to be erected on these six lots? Will they enhance, blend in with, or distract from the lands existing state and the lifestyle of those that live there? I certainly do not think a tent or sheep herder' s trailer would be appropriate. 5 . How does this fit in with the Town of Ault's Master Plan? Please do not approve this proposed change in zoning until our above concerns and questions can be answered as well as the concerns and questions of our neighbors. We are willing to work with you on the development so that all of us who are presently living here as well as those who may be new neighbors can live in harmony in a well orchestrated development plan. 940397 WW1 Com Planning Commieskin wN hide public haring on Tuesday,February AFFIDAVIT OF PUBLICATION 15, 1984.at 130 p.m. for iM purpose of mnddwbq aChrgsd STATE OF COLORADO Zen for the property ss described below. COUNTY OF WELD Approve of the request may create a naiad Mail'4bt pursuant I, ROGER A. LIPKER, of said County of Weld, being duly toColorado Lsac sworn,say that I am publisher of APPLICANT:Willem E. Frans,Jr. WINDSOR BEACON LEGAL DESCRIPTION: a weekly newspaper having a general circulation in said Past Part of the NW4 of Swan 14,77N,ROAN County and State, published in the town of WINDSOR, in of the em P.M.,Weld said County and State; and that the notice, of which the Connb.Colorado. annexed is a true copy, has been published in said weekly AND for / successive weeks, that the notice was Mitt published in the regular and entire issue of every number of of ion.SA the paper during the period and time of publication, and in Iwralf is E the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing ♦ OCATION : ssh �}ateofth `� '"� /��Way of a�� A.D., 19 97 and the las AWL south d type last publication bearing the.8ate of the 14 and seat e1 day of A.D., 19_ and that ROSS the said WINDSOR BEACON has been published Balk tie aawe:alwe continuously and uninterruptedly for the period of 5 is consecutive weeks, in said County and State, prior to the 7M neheadrt�gy date of first publication of said notice, and the same is a l t ib in me MW! newspaper within the meaning of an Act to regulate printing CommIselna of legal notices and advertisements, approved May 18. Hoeft Room.O�PelrtaI�tr 1931, and all prior acts so far as in force. r. Weld NS c,Grata. r N, Streit, a&er (, „ CammaN-er UX✓�related A Se ISHER resw request sh dd IlienItted sass M VMS Su ribed an gqworn to before ( me this � 1day of S 1400 It 17et / �yL�, o rraedeyy' s s. OC _ s'2Grr.nu AdoGeeesi, .Ss above deo; NOTARY PUBLIC is SOS Nit, an Pe My commission expires 2 , / 414 . Copies of the ppYatlon are available for public Inspection In the Department of Planning.Sordws,1400 N. 17th Avenue, Greeley. Colorado 80531 - Phone- 953-ii SSIa,Extension 9540. Judy Yamaguchi, Chairperson, Weld County Planning Commission ils Wet .......„. ale FEB 1 U 1994 I 9403'?? 2/6/94 Moria Dunn Weld County Dept. of Planning Services 1400 N. 17th Ave. Greeley CO 80631 Dear Ms. Dunn, We are writing this letter in response to case no: Z-486. We have tried to contact you via telephone but you have not returned our calls to date (our number is 834-1280). We own and live on property next to Mr. Franz and although we will be unable to attend the zoning meeting (1:30 in the afternoon conflicts with my babysitting and my husband's work schedule, as I suspect it conflicts with many working peoples schedules) we want our opinions heard regarding this zoning request. We and our neighbors (Bob and Carmen Rangle) own 20% of the water rights from the well on Mr. Franz's property and would be concerned with how the subdivision of this property would affect our rights. No one has explained this to us at this time. We are also concerned with Mr. Franz's voiced intention of draining the feedlot runoff pond at the Northern end of his property into the irrigation drainage ditch that borders our property. We feel the possibility of this action would jeopardize the value of our land and we are not altogether sure this action would be legal. We would certainly want assurances that this action would be disallowed during Mr. Franz's efforts to increase the value of his land by channeling potential feedlot runoff away from land he intends to sell as residential sites. We trust that you will represent Ed and I and Mr. Franz's other neighbors fairly in arriving at your recommendation for zoning action. Yours Trulryn Elean 'bra and BPI Jordan 39574 WCR 33 Ault, CO 80610 FEB 0 9 1994 wnia emmty Planning 94C307 94C 307 GE0L0GICAL_SURVEY Tr' No .3038662461 Feb ' 1 ,94 13 .35 No .004 P .02 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology tt�n ss 1313lepa Sh nt Sherman Natural m.715 Resources * } 13I a Sherman Street, R i.715 D rl.L Denver,Colorado 80203 [��" Phone 0031866-2611 .�Irry Roy Romer FAX 1303)SG6-2441 ) Governor �I FEB—1 1 1994 Ken ExecutiveDirector Michael B.Long "/n!d eEnU^tli Planning Division Director Vicki Cowan State Geologist and nirecdnr February 11, 1994 WE-94-0014 • Ms. Gloria Dunn Weld County Department of Planning Services Weld County Administrative Offices Greeley, Colorado 80631 Re: Proposed Franz Subdivision -- Immediately South Southeast of the Intersection of S.H. 14 and C.R. 33, Weld County Dear Ms. Dunn: At your request and in accordance with S.B. 35 (1972), we have reviewed the materials submitted for and made a field inspection on February 10, 1994, of the site of the proposed residential subdivision (rezoning)referenced above.The following comments summarize our findings. • (1) The naturally placed surficial earth materials(soils) on this site consist entirely of eolian (wind-deposited) sand. There is evidence of man-disturbed ground and fills of unknown composition on the site especially on its north half(approximate) and adjacent to roadways. Any residential structure to be built on this parcel should have a soils and foundation investigation prepared by a qualified soils and foundation engineer prior to selection of foundation design. It is likely that stnlcture(s) with basement(s) will he infeasible because of seasonally shallow ground-water table in the area. • (2) The submitted map does not show if the area is to be further subdivided. I assume that since the application requests a change of zoning from agricultural to estate, that this parcel would he used as one building site for one (new) owner. However, the North Weld County Water District commitment for service indicates that 6 taps would be available for this address. If the parcel is to he subdivided further, then we would need to re-review the proposal after seeing a proposed subdivision plat and drainage study indicated below. • FEB 11 '94 13:40 3038662461 PAGE.002 940397 7 GEOLUGICAL_SURVEY Tr' No .3038662461 Feb ' 1 ,94 13 :35 No .004 P .03 Ms. Gloria Dunn February 11, 1994 Page 2 (3) The most serious geology-related problem for residential use of this parcel will he drainage problems.The effects of the contiguous roadways on site drainage and the location of the Mead Lateral Ditch,which acts as master drainage channel for a relatively large area north northwest of this parcel, need to be evaluated by a qualified drainage engineer. It appears from field evidence that the south one third or so of the parcel is probably not especially flood prone,hut that the north two thirds would need considerable regrading and armoring of the channel banks for erosion protection to make it safe for homesites. For health reasons, the runoff from the small feed lot immediately to the west of and upsiope from the parcel should he kept from entering the subject property also. In summary, we recommend that additional design and engineering should be done prior to your approval of this proposal. This will he especially important if more than one residence is planned or if construction on the northern two thirds of the property is anticipated. Sincerely, les M. Soule Engineering Geologist iI FEE 11 '94 13:41 3038662461 PAC£.003 940307 ft Si , ' � DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT.3540 , t WELD COUNTY ADMINISTRATIVE OFFICES �� h ,- �7i1 1400 N. 17TH AVENUE O co. HEN-1" DEPj GREELEY, COLORADO 80631 COLORADO vox) P January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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 "co9nfflicts with o interests.f , y�/h A �Sj�..� i4 ,q-... ,�[LL•� 7/Ivfr (i r2Ff/6-y), 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed*r, - gency: (-1) C .� Date: 6/ / Ll? - gaff/RI It FEB 4 ,994 ,,,I. ,Planning 940307 FEB 8 ' 94 8: 08 FRnM USDA RAGE . 002 4 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)3533545,EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N-17TH AVENUE O GREELEY,COLORADO 80631 COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate). The parcel of land is described as part of the NW4 of Section 14, TIN, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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_ I 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. M` �� e�� p /� Signed:_/' f, .Ls-P b. Agency: 0j4 - 1 (.CK4an aS41- Data: . ?�'i¢.Jt 7 1994 11EB 0 8 1994 sumo rpm*,planning ** TOTAL PAGE .002 **. ... 940397 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. 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 BEFORE THE PLANNING COMMISSION HEARING FOR CASE # 4/ „c71;/� THE SIGN WAS POSTED BY: • LO 1 I ( 1 a Yv) , Fir 3 V1 / -Sr NAME OF PERSON POSTING SIGN ,Q6wYVN F F . � titi) , SIGNATURE OF APPLICANT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS IA_ DAY OF ,��LU Q�L� , 19 �� SEAL \ 2 ji,d,,,et NOY Y UBLIC MY COMMISSION EXPIRES CQ Q . CC" () LAST DAY TO POST SIGN IS:,�_7 hk(. @titLI I 4 , 19 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. opt 5 5 i itll LI FEB 41994 ..tnId rnnqv iinnning 940397 LAND-USE APPLICATION SUMMARY SHEET Date: February 8, 1994 CASE NUMBER: Z-486 NAME: William E. Franz, Jr. ADDRESS: 39718 Weld County Road 33, Ault, CO 80610 REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. SIZE OF PARCEL: 22.16 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Engineering Department 2. Colorado Oil and Gas Commission 3. Ault Fire Protection District 4. Ault Planning Commission 5. Colorado Department of Transportation 6. Weld County RE-9 School District The Department of Planning Services' staff has received one objection from a surrounding property owners. 94t3o7 MU x• I :c 2s I1, xx t. _._._ _.- •� , '� ' 32 H Line 35 6 [ OE 1 � 1 CorrecYm • Second • _ - . v• i Via ,: i lc L01O01 \r II • ° fi ea LI.__\tl•�_l II I- - �•1 6- -.7i, • o -- oil .4 \ , ,. N\ a I 1 1IH1. i.SWU> t 16, O•� i 4. ' tilittli. if .„.....,,,,,,,s ,• 23� ��; •a • • 21\ zn \ xs WI. __--if-- xe U,\ I • �jGRCE yl F"1 r eigaillaglit - - __ 'FN✓.ar N; ; : •". EWE 1 1 . F ' • •• T▪ IC TTWWt m II . _ ` i nit 1 i . A in. •et ill ...A\ , IL •• c i 4. 1.IISIMLt ePJIIUI ' RE . , .....„,„. ,,,:::,,,,,iiinum, ., a takReview, N Eke Illablit III .,DA_ j29. 8 in I i : I 0 1 32 33 3f I •'21 u 1 32 Ili • 11 r •,! lFA/6WA1 a °•IS •l ° a GFEA �. Ella W. t�!4�a. 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' �+, • at =•tic,°3,1'• _ - "...;., 4 ♦ , . �.,.- - Au 4 e. • w.. i ••••..1r-••••;:t4. ♦ * " ra�`C ziii -3z • z •ve t ( ` "} - tIv 'Tf: Ei -:I e \+1°';'' .• C • • • •` 4,.: I e e • ,1.0 A r T } t t �$} a Y• 1 •. } s y4.. •• y yy*' 'x .,.. ., •• ... ::::,..;i9:-:,z,r, -#0 # , ..:*.:::.,-. ,, :,41,:-•-•-•irsz...-::... ,, , •:,. • • .• -.-79:2*-2.9- . :ilk r .::-•...:- .-.• . '''. '.-. ':ee" . ot r tilt-_,..:::;*-W.,rg s Ar•. a x *--:::',44X11 .l. .. r't s / t: .)t S `;.i t r 'I i s . : Y ! v. itie • y Y`i d. C ! '`y : ' + 4 j , PTETAct 1994 C5r 1 9 __ FIELD CHECK Weld County Planning FILING NUMBER: Z-486 DATE OF INSPECTION: /-/ % - 9,1 APPLICANT' S NAME: William E. Franz, Jr. CURRENT PLANNER: Gloria Dunn REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld 6,411_ County Road 33. �L[/�/,/.n �p �1f/y/, s LAND USE: N �� /,/ C�n)7-A i"" " A E r �/yit}7 '� let+leasae, U W i ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: 7TS /! %�// G e - fin( / Ci( / e 111/7/[ /./- 1a-- /2- . //:4'94 c-PA iee''' 940307 FIELD CHECK FILING NUMBER: Z-486 DATE OF INSPECTION: January 24, 1994 APPLICANT' S NAME: William E. Franz, Jr. REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of Ault, south of State Highway 14 and east of Weld County Road 33. LAND USE: N State Highway 14, agricultural production E Cattle operation, residence, pasture S Residence, farmground W Weld County Road 33, feedlot, residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 33, a paved County local road. The surrounding area contains a mixture of land uses: small residential parcels to the south and agricultural uses on all other sides. The 22 acres is a low area that does not appear to have any particular agricultural use at this time. 9 or more residences are within 1/4 mile of the site. Glori: Du Curre t anner 940397 (itp DEPARTMENT OF PLANNING SERVICES IDPHONE (303)353-3845, EXT. 3540 1111 WELD COUNTY ADMINISTRATIVE OFFICES C. GREELEY,140 N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, February 15, 1994, at 1:30 p.m. for the purpose of considering a Change of Zone for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: William E. Franz, Jr. LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Change of Zone from A (Agricultural) to E (Estate) . LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. SIZE: 22.16 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 February 15, 1994. 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 (1) time by anuary 13, 1994 Received by: 4' ' Date: / ui ( 940307 a}` \ ci;.*** DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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: 940397 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 Number Z-486 for William E. Franz, Jr. in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 11th day of January, 1994. ii 94039'7 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS William E. Franz, Jr. Z-486 Robert N. , Jr. and Carmen 0. Rangel P.O. Box 126 Ault, CO 80610-0126 Edward, Elenora M. , and Ronald D. Jordan 39574 Weld County Road 33 Ault, CO 80610 James Herlad and Marian Anita Killen 1006 N. 3rd Street Miles City, MT 59301 David 0. and Priscilla A. Faulkner 39620 Weld County Road 33 Ault, CO 80610 City of Thornton 9500 Civic Center Drive Thornton, CO 80229 940307 REFERRAL LIST NAME: William E. Franz, Jr. CASE NUMBER: Z-486 REFERRALS SENT: January 11, 1994 REFERRALS TO BE RECEIVED BY: January 31, 1993 COUNTY TOWNS and CITIES Attorney X Ault —R--Health Department _Brighton Extension Service Broomfield _ _Emergency Management Office _Dacono Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans _Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest —R--Geological Survey _Greeley _Department of Health Grover XDepartment of Transportation _Hudson _Historical Society Johnstown Water Conservation Board _ _ Keenesburg X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie X Ault F-1 _Longmont 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 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 Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US 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. Fort Collins Tri-Area Planning Commission X Greeley X RE-9 Ault School District Longmont West Adams COMMISSION/BOARD MEMBER X Richard Kimmel 940307 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ,y I OT Region 4 1420 2nd Street P.o.Box 850 Weld County, SH 14 Greeley,Colorado 80632-0850 Franz Change of Zone (303)353-1232 SE Corner SH 14/WCR 33 1 Mile W. of Ault (Off-System Access Point) January 28, 1994 4MCMry(�I(7 Gloria Dunn - Current Planner BTr,"r �" Weld County Planning Services Weld County Administrative 5 Offices II FEB c 1994 1400 N. 1 17th Avenue Greeley, CO 80631 ., "vnM rnnnt3r Planning Dear Gloria, I have reviewed the William E. Franz, Jr. Change of Zone submittal and offer the following comments . I recognize that this change of zoning will be followed, if approved, by subsequent submittals . However, it is reasonable to provide some specific comments in regard to development of this site in this early stage . ROW The submittal does not indicate the existing right-of-way width along SH 14 ; however, the scaled distance appears to be approximately 40 feet south of the highway centerline . Projected traffic along SH 14 indicates the need for a 150 feet total right-of-way, 75 feet each side of centerline. This would be an appropriate time to request additional right-of-way to meet that need. The additional width should be protected by reservation or, preferably, dedication as permitted by County regulations . ACCESS The narrative indicates that access for the estate development would be provided by way of Weld County Road 33 . A site visit has not been conducted; however, as WCR 33 is a paved road it is assumed that this county road is frequented by sufficient traffic that this development would not warrant concern over increase to that connection. No direct access to the state highway should be anticipated. Any access to WCR 33 near the state highway intersection should be planned at a minimum distance of 200-300 feet to the south if at all possible, in order to avoid any impact to the highway by movements in and out of the development . As no access to SH 14 is anticipated the applicant would not need to contact this department in regard to access . DRAINAGE The narrative, Item 8 - Overlay Districts, addresses a flood condition which occurred in 1972, and briefly discusses a 36 inch culvert . As a site visit has not been conducted it is assumed this culvert runs under the state highway. The applicant should be aware that as they plan the site any change of drainage for the development could effect the run-off rate to the state 940377 Ms . Gloria Dunn January 28, 1994 Page 2 of 2 highway ROW. The highway drainage system is for the protection of the state highway ROW, and is not intended to accommodate drainage from abutting properties beyond that which has historically been accepted. It is possible that some drainage studies should be conducted and provided for our review in the future . NOISE In order to minimize the potential adverse impact of traffic noise as volumes along the highway will certainly increase, the Department will provide a recommended noise set-back distance. Although we provide a minimum set-back distance, we recommend the homes be located at the maximum distance available from the highway travel lane. Noise insulation of the walls and double glazing of the windows exposed to the highway should also be provided. If no measures are taken to mitigate traffic noise impacts, this property may not qualify for a state-funded noise abatement project, if funds for such a project at this location were to become available in the future. I will provide that noise set-back distance in writing to you upon its completion. UTILITIES As this site lies adjacent to a county road, it is assumed that utility connections could be made outside the state highway ROW. However, should any new utility lines or connections be required within the ROW, a utility permit will be required. Prior to such utility work, Mr. Henry Rangel of the Department should be contacted at 350-2111 . My comments are based upon the submittal as received January 12, 1994 . Thank you for the opportunity to review the William E. Franz, Jr. Change of Zone. Please contact me at 350-2163 if you have any questions . Sincerely, { Tere Jones Region Developm n Access Coordinator TGJ:gi xc : D. Yost G. Sisson file 940397' T •�� TIS; DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 n , • COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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/dam) comply with our Comprehensive Plan for the following reasons. "Thc pak el is wi44,N o. F-csiI emita / &ICt IN ou.r platy . 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. p Please refer to the enclosed letter. Signed: l ( )1.r( . Agency: (Lit U p.rannr..7 "'^ Date: 3 1 SAN �I q 94039'7 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 r ' WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREEL EY, COLORADO 80631 • COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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 r er to the enclosed ter. Signed: Agency: Date: // :7 l 51 WW1 JAN 1 9 1994 f 94U ` rr.:7 Planning STATE OF COLORADO OIL & GAS CONSERVATION COMMISSION Department rf Natural Resources 1 580 Logan Street,Suite 380 ,Colorado 1003 Phone:(303)894-2100 071111.1. FAX:130.3)894-2109 DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Ken Salazar Executive Director Richard T.Griebling Director January 19, 1994 Brian h Macke Deputy Director Patricia C.Beaver Technical Secretary Gloria Dunn Weld County Planning Services 1400 North 17th Avenue Greeley, CO 80631 Dear Ms. Dunn: Case number Z-486 has been reviewed by this office. The subject property is an area that currently has no active production nearby and no permitted wells within section 14. There is oil production several miles northeast and oil and gas production to the south, so the possibility exists for future activity near the property. If the property is not currently under lease for oil and gas mineral development, a provision could be added to a future lease specifying no surface occupancy for purposes of mineral development. Application can also be made to the Oil and Gas Conservation Commission for designation of this parcel as a high density area, to increase the set back limitations on proximity of equipment and structures for oil and gas development, if desired. If you have any questions about this letter please contact me at the above address or telephone number. Sincerely yours„ • /0y"v� ��/,a-+itikl4 Robert J. Van Sickle Petroleum Engineer 94307 • c� •�• DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE I ID C GREELEY, COLORADO 80631 • COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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 hav 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. //,,Pleas//e``refer to the enclosed letter. Signed: .�c ��/��Agency: Weld RE-9 School District Date: 1-31-94 ,k(/ kgRg7 - FEB ^ 1994 ,, IA e.,,-".".1tanfi 40337 t.t1/4; Dpww cr 4 ;•' JAN 2 t 1994 C] DEPARTMENT OF PLANNING SERVICES Weld County Planning PHONE (303)353-3945, EXT. 3540 t WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. AVENUE • RECEIVED JAN 1 1 1994 GREEL1400 N. 17TH AVENUE COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change °E-Lit) from A (Agricultural) to E (Estate) . The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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. q' We have reviewed the request and find no conflicts with our interests. C6MMFAJTINc 4T T/-i-C "&sr. re " ZEFER2AL STOLE , 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter.Signed: lyov-t-Al az-n4417 Agency: (1 jV�/)�/Oyl'a'G -'" Date: O /'.10 ^ 9I / 940397 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO DATE: January 11, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-486 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, February 15, 1994, 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: William E. Franz, Jr. FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 Gloria Dunn, 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. 940307 1/28/94 Gloria Dunn Weld County Dept. of Planning Services 1400 N. 17th Ave. Greeley CO 80631 Dear Gloria, We are writing this letter in response to case no: Z-486. It has come to our attention via a photocopy of a letter received by our neighbor regarding a zoning change from A to B in our neighborhood. We own and live on property within 500 feet of the property in question (owner is W. E. Franz, Jr.) and this is the first and only notice we have received of this zoning request. Had our neighbor not been kind enough to bring this to our attention we might not have had the opportunity to express our opinions to you. Mr. Franz certainly has a right to increase the value of his property. However, as neighbors, our concern is that his efforts do not compromise the agricultural pursuits of his neighbors. If a zoning change from A to E means subdivision and urbanization of his property I would have the following concerns: 1. Mr. Franz's property is adjacent to two feedlots and is downwind of a swine operation. In the summer, prevailing winds flow across the property from several feedlots in the area. 2. Part of Mr. Franz's property is in a potential runoff area from two feedlots and is in the path of aerial spray routes to several large row crop fields adjacent to the area in question. 3. If Mr. Franz's property were sold to individuals that would look "past their noses and not down them" at neighbors making their living from agriculture I would have no qualms. However, the experience of the original Monfort feedlots in Greeley and the Spur Feedlots in Peoria, AZ (forced to move when Del Webb developed the Sun City retirement community) show that when urban dwellers move to the country their votes generally compromise rather than complement the basis of any rural economy, agriculture. We appreciate the opportunity to express our opinions to you regarding the proposed zoning change. We trust you will take into consideration your decision's impact on the economy of this area and that you and Mr. Franz (and perhaps Mr. Franz's neighbors) will be able to arrive at a solution fair to Mr. Franz-and his community. Sincerely Yours, i.., - /71-e? Marian A. and J. . Killen, Ph.D. i o -.1R.7.97_7= JAN 3 ' 199..\ tit 940397 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 39718 Weld Co. Rd. 33, Ault, CO 80610 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. k;l-DALYIA 11;12I-Nh.,,,t)r The foregoing instrument was subscribed and sworn to before me this 41 day of A [ , 19 %5 , By e osi" • WITN a, hand and official seal. 11- a8, /917 ea eX fires: r 3 r No ry Public 940307 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 39718 Weld Co. Rd. 33, Ault, CO 80610 SATE OF COLORADO 1 es. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. •\ KWYyk ea C : f2Ew The foregoi g instrument was subscribed and sworn to before me this 4,67 day of , 1914 , by WITNES „'land aQd official seal. My mmihaion eXpiY' : Qit A /91 Notary Public 940377 re DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 N.• O ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO January 11, 1994 William E. Franz, Jr. 39718 Weld County Road 33 Ault, CO 80610 Subject: Z-486 - Request for a Change of Zone from A (Agricultural) to E (Estate) on a parcel of land described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Franz: 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 February 15, 1994, at 1: 30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault Planning Commission for its review and comments. Please call Patricia J. Lesh at 834-2844 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ault Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. 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 January 28, 1994, you or a representative should call me to obtain a sign to be posted on the site no later than February 4, 1994. 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. 9403'?7 William E. Franz, Z-486 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, eXL- 1. is Dunn Current Planner pc: Jacqueline R. Johnson Karowsky, Witwer, Miller, and Oldenburg 822 7th Street, Suite 760 Greeley, CO 80631 940307 0 T REZONING APPLICATION ase # 1 `1 D t . \____ � ty, Colorado /� OO��gC Dept. of Planning Services App. Ch'd By: ��r'. Date Rec'd: t- �j "'l71 _ 915 10th treet App. Fee: Sea Receipt //: Weld Ce:MatidefaS 9 Colorado 80631 Record. Fee Receipt 1/: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: All that part of the NW-1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying west of the Larson and Mob .- - .: • - I" c and the Eaton Consolidated Seepage Ditch. (See attached legal des tiy • r!} E it (If additional space is required, attach an additional sheet JAN O J 1993 Property Address (if available) : 39718 Weld Co. Rd. 33, Ault. CO WtdiountyPlanning PRESENT ZONE A-Ag PROPOSED ZONE E-Estate TOTAL ACREAGE 22.16 Acs. OVERLAY ZONES FP-1 District - Zone A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Robert Neil Rangel Home Telephone #: Unlisted Address: 39570 Weld Co. Rd. 33 Bus. Telephone //: Ault, CO 80610 Name: Edward, Eleanora Jordan Home Telephone #: 834-1280 Address: 39574 Weld Co. Rd. 33 Bus. Telephone #: Ault. CO 80610 Name: David Faulkner Home Telephone #: 834-1172 Address: 39620 Weld Co. Rd. 33 Bus. Telephone $: Ault, CO 80610 (Continued on next p gel Applicant or Auto a Agent (if different than above) : Name: William E. Franz, Jr. Home Telephone 11: 834-1657 Address: 39718 Weld Co. Rd. 33 Bus. Telephone #: Ault, CO 80610 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Peter Schmidt. Amalia Schmidt -- 1/2 interest Address: (no address on deed) Name: William, Marcia Franz -- 1/2 interest Address: 39718 Weld Co. Rd. 33, Ault, CO 80610 Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) i %- Signature: Owner Authorize A ent 'r2 SubsNritied-and sworh tip before me this AO dday of , 19 V. 11 SEAL`',r . • A__i NO PUBLIC My Commission expires: �. (1 1 ��' 9 LEGAL DESCRIPTION EXHIBIT A All that part of the NW1/4 of Section 14 , Township 7 North, Range 66 of the 6th P.M. , County of Weld, State of Colorado, lying West of the Larson and Molander Seepage Ditch and the Eaton Consolidated Seepage Ditch, EXCEPT parcel conveyed in instrument recorded May 17 , 1971, in Book E as Reception No. 1568004, EXCEPT parcel conveyed in instrument recorded May 17, 1971, in Book E as Reception No. 1568005, EXCEPT parcel conveyed in instrument recorded June 2,- 1971, in Book .E • as Reception No. 1568859, EXCEPT parcel conveyed in instrument recorded June 2, 1971 , in Book t as Reception No. 1568860, and EXCEPT parcel conveyed in instrument recorded June 2, 1971, in Book t as Reception No. 1568861, these parcels being more particularly desci as follows; Beginning at the West Quarter Corner of said Section 14 and consider. the West line of the NW1/4 of section 14 , Township 7 North, Range 66 of the 6th P.M. , to bear North 00 degrees 00 minutes 00 seconds West all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds West, 487.09 feet; thence South 89 degrees 18 minutes 15 seconds East, 60 . 0 feet; thence North 00 degrees 00 minutes 00 seconds West, 180. 0 feet; thence South 89 degrees 18 minutes 15 seconds East, 613 .20 feet; thence South 30 degrees 37 minutes 35 seconds East, 777 .77 feet; thence North 89 degrees 26 minutes 46 seconds West, 1, 069 .43 feet to point of beginning, ALSO EXCEPTING that portion conveyed to the Department of Highways, of Colorado, by Deed recorded March 25, 1965, in Book 538 as Recepti No. 1459571. 940327 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: (Continued) Name: James Killen Home Telephone #: 834-0965 Address: 39600 Weld Co. Rd. 33 Ault, CO 80610 Name: City of Thornton Office Telephone #: 834-2785 Address: Ault Office — 203 1st Street Ault, CO 80610 940307 CORPORATION SPECIAL WARRANTY DEED Farm Credit Bank of Wichita THIS INDENTURE, made this 4th day of May, 1992, between FARM CREDIT BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and WILLIAM E. FRANZ, JR. and MARCIA L. FRANZ in joint tenancy, whose address is 39718 Weld County Road 33, Ault, Colorado 80610, party of the second part. WITNESSETH: That the said part of the first part, for and in consideration of the sum of $100,000.00 (One-Hundred Thousand Dollars) and other valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said party of the second part, his heirs, successors and assigns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado to wit: All that part of the NW1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying West of the Larson and Molander Seepage Ditch and the Eaton Consolidated Seepage Ditch, EXCEPT parcel conveyed in instrument recorded May 17, 1971, in Book 645 as Reception No. 1568004, EXCEPT parcel conveyed in instrument recorded May 17, 1971, in Book 646 as Reception No. 1568005, EXCEPT-parcel conveyed in instrument recorded June 2, 1971, in Book 647 as Reception No. 1568859, EXCEPT parcel conveyed in instrument recorded June 2, 1971, in Book 647 as Reception No. 1568860, EXCEPT parcel conveyed in instrument recorded June 2, 1971, in Book 647 as Reception No. 1568861, these parcels being more particularly described as follows: Beginning at the West Quarter Corner of said Section 14 and considering the West line of the NW1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M., to bear North 00 degrees 00 minutes 00 seconds West and all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds West, 487.09 feet; thence South 89 degrees 18 minutes 15 seconds East, 60.0 feet; thence North 00 degrees 00 minutes 00 seconds West, 180.0 feet; thence South 89 degrees 18 minutes 15 seconds East, 613.20 feet; thence South 30 degrees 37 minutes 35 seconds East, 777.77 feet; thence North 89 degrees 26 minutes 46 seconds West, 1,069.43 feet to the point of beginning, ALSO EXCEPTING that portion conveyed to the Department of Highways, State of Colorado, by Deed recorded March 25, 1965, in Book 538 as Reception No. 1459571. TOGETHER with all water and water rights appurtenant thereto; including an 80% interest in irrigation well adjudicated under Case #W-1061 and all other rights to such well, if any. 940397 Also known by street address as: 39718 Weld County Road 33, Ault, Colorado 80610 RESERVING, HOWEVER, unto party of the first part any minerals and mineral rights acquired prior to January 23, 1986. Party of the first part conveys 100% of all minerals and mineral rights now owned which were acquired by it after January 23, 1986. SUBJECT TO: Easements, rights of way, restrictions, reservations, mineral interests of third parties or mineral leases of record, and any building or zoning restrictions or regulations. TO HAVE AND TO HOLD the same, together with all and singular the tide and interest of party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the party of the second part, his heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. IN WITNESS WHEREOF, the said party of the first part has caused these present to be signed by its Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. ATTEST: Farm Credit Services of The Mountain Plains, Federal Land Bank Association, a Corporation as Attorney in Fact for Farm Credit Bank of Wichita, a Corporation 7 By: %se "2-64sistant Secre Janet L. Johnson Ryan cker, Adm. Vice President ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for said County and State, on this 4th day of May, 1992, personally appeared Ryan Locker to me personally known and known to me to be the identical person who subscribed the name of Farm Credit services of The Mountain Plains, Federal Land Bank Association, a Corporation as Attorney in Fact for Farm Credit Bank of Wichita, a Corporation, Wichita, Kansas, to the foregoing instrument as its Adm. Vice President , and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed os such corporation, for the sues and purposes set forth and specified therein. - • Witn 1d, eal the day and year last above written. • ▪ C`f '�1' Notary Public 127 22nd Street • cecO My Com ssivn xpire s: 1 1 5 Greeley, CO 80631 ' r--r- 9403')7 BOARD OF DIRECTORS A. ERNEST TIGGES .'C " of- NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS /09M. ,,. HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY r CHARLES ACHZIGER �� V� LYLE NELSON, MGR.. P.O. BOX 56 • PHONE 356-3020 January 5 , 1994 RE: Water Service Dear Sirs? This letter is in response to your inquiry regarding water service to the following described property: NWT of Section 14-7N-66W 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: The price of a tap is $3 , 750 , the price is good for 30 days from the above mentioned date . Water can be made available for 6 taps at this legal address . Sincerely, North Wel ty W r D'stri t Ly D. Nelson M ager 940?t' ITEM 2 . STATEMENT OF PROPOSED REZONING I believe the proposed rezoning from agricultural to estate will be in harmony with the Weld County Comprehensive Plan , because it is on a north , south paved road , and immediately adjacent with Highway 14, a major east west road . If approved , the rezoning change would permit the ever increasing public demands for rural non-farm residences. The demand has been demonstrated to me from individual conversations , and also by seeing new homes being built in the nearby vicinity . Americans have now an uncany desire to live in the country no matter where they work or what they work at. The proposed rezoning would accomodate public desire . Therefore, it makes good sense to go forward with such a plan . 1 „rn 94.3'17 ITEM 3 . STATEMENT OF AREA COMPATABILITY The proposed rezoning would enhance the area. In the 1970's lots were granted for new homes just south of subject property. Five new homes were created for five new families in an organized tract setting. These new homes have been successful and harmonius with the area. If granted, the proposed rezoning would accomodate in the future five more tracts that will be attractive to the area with no negative impact on the surrounding area. It will enhance the homes already there, and create a more secure better neighborhood for all involved . These thoughts have been discussed with the five current families that live here in detail . The surrounding land to the east and west is owned by the City of Thornton and currently being farmed. The subject property is bordered by Hwy . 14 on the north . In the late 1960' s and early 1970' s, the subject property was farmed and had access to ditch water. However, due to changing conditions, removal of ditch water, and the trends of farm equipment getting larger and wider, the small narrow tract has become somewhat obsolete for farming. Neighbors in the nearby vicinity have explained to me that the tract is too small , and not worth the needed efforts to be productive. Therefore, the subject property has not been farmed in recent history. From the middle 1970' s until 1988, this tract was used for sod farming . Present value for sod farming is obsolete due to competition . Therefore, I feel that the best and highest use of the subject property is the proposed plan of a minor subdivision to which all the neighbors adjacent to the subject property agree . Leiv,E- 940397 ITEM 4. STATEMENT OF WATER, SEWER AVAILABILITY There is a domestic water line bordering the subject property on the west side along Weld Co. Rd. 33 . The water service line for the subject property is owned by the North Weld Water District. They have demonstrated, through conversation and letter of intent, that they will be happy to furnish water for the subject property. There is no public sewer in the area of the subject property, but the ground has shown suitability for private septic systems demonstrated by the most recent approval by the Weld County Health Department dated June 23, 1992 and installed on the subject property at 39718 Weld Co. Rd. 33. abLZIN 940397 BOARD OF DIRECTORS ERNEST TIGGES ^ -�- � :,y-. NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS /Mr! , HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY I CHARLES ACHZIGER till* Il LYLE NELSON, MGR. jam= P.O. BOX 56 • PHONE 356-3020 July16 , 1993 RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: • SW1 of Section 14-7N-66W 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. 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'. • 1 t'Y7'It y r E 11411444, 1} ' r i,li [r r f}� p� �v , I II H xf fY JII'�yj`��j, 4'r!'•n J ` i 1 r rL! �r�1 Y!'4 Y }' ICY r9f t i-0 r(� t 11.''‘,� r ill 1 . r� ' • 2.q,, e'1 r d` adM r,i ',, K, !!lc 32 / 11,pt fir,,. I, f .• c 1Yt:, : •• 24e ,. f, 4_4 �;'. 4.1/4 f µS'' 4 '. , *,;;2."41.,' ` NY r 4 \ \i r' lr 1 �2 fj 1T S.y F M yI '` 1 14 .' 4 511 4 R i k; I' ' '4, 'ttt -It. a '� ,44 32 .. 23 h , 4 yr 3'y1e,p,v.t. r 23 i32 At Jai 4�� '4 y. /r �� .nr 940397 SOIL SURVEY OF W.LD COUNTY, COLORADJ SOUTHERN PART I United Slates Department of Agriculture, Soil Conservation Service. 1 in cooperation with the Colorado Agricultural Experiment Station 33—Kim loam, 3 to 5 percent slopes. This is a deep, Windbreaks and environmental plantings of trees and well drained soil on plains and alluvial fans at elevations shrubs commonly grown in the area are generally well of 4,900 to 6,250 feet. It formed in mixed eolian deposits suited to this soil. Cultivation to control competing and parent sediment from a wide variety of bedrock. In- vegetation should be continued for as many years as eluded in mapping are small areas of soils that have possible following planting. Trees that are best suited and loamy sand underlying material. 1. have good survival are Rocky Mountain juniper, eastern Typically the surface layer is brown and pale brown redcedar, ponderosa pine, Siberian elm, Russian-olive, and loam about 10 inches thick.The upper 28 inches of the un- hackberry. The shrubs best suited are akunkbush sumac, derlying material is pale brown loam. The lower part to a lilac, Siberian peashrub, and American plum. depth of 60 inches is pale brown fine sandy loam. Wildlife is an important secondary use of this soil. The Permeability is moderate. Available water capacity is cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can high. The effective rooting depth is 60 inches or more. be attracted by establishing areas for nesting and escape Surface runoff is medium, and the erosion hazard is cover. For pheasants, undisturbed nesting cover is essen- moderate. tial and should be included in plans for habitat develop- In irrigated areas this soil is suited to crops commonly ment, especially in areas of intensive agriculture. Range- grown in the area. Perennial grasses and alfalfa or close grown crops should be grown at least 50 percent of the land wildlife, for example, the pronghorn antelope, can he time. Contour ditches and corrugations can be used in ir- attracted by developing livestock watering facilities, rigating close grown crops and pasture. Furrows, contour managing livestock grazing, and reseeding where needed. furrows, and cross slope furrows are suitable for row This soil has good potential for urban and recreational crops. Sprinkler irrigation is also suggested. Keeping til- development. Increased population growth inthe_survey lage to a minimum and utilizing crop residue help to con- area has resulted in increased homesite construction. The trol erosion. Maintaining fertility is important. Crops chief limiting soil feature for urban development and road respond to applications of phosphorus and nitrogen. construction is the limited capacity of this soil to support_ In nonirrigated areas this soil is suited to winter wheat, a load. Septic tank absona(ion fields function properly, but barley, and sorghum. Most of the acreage is planted to community sewage systems should be provided if the winter wheat. The predicted average yield is 28 bushels population density increases. Because of the permeability per acre. The soil is summer fallowed in alternate years of the substratum, sewage lagoons must be sealed. to allow moisture accumulation. Generally precipitation is --1•nwna, shrubs and trees ¢row well. Capability subclass too low for beneficial use of fertilizer. Ille irrigated, IVe nonirrigated; Loamy Plains range site. Stubble mulch farming, striperopping, and minimum til- - lage are needed to control soil blowing and water erosion. 47—Olney fine sandy loam, 1 to 3 percent slopes. Terracing also may be needed to control water erosion. This is a deep, well drained soil on plains at elevations of The potential native vegetation is dominated by blue 4,600 to 5,200 feet. It formed in mixed outwash deposits. grama. Several mid grasses, such as western wheatgrass Included in mapping are small areas of soils that have a and needleandthread, are also present. Potential produc- dark surface layer. Some small leveled areas are also in- tion ranges from 1,600 pounds per acre in favorable years eluded. to 1,000 pounds in unfavorable years. As range condition Typically the surface layer of this Olney soil is grayish deteriorates, the mid grasses decrease; blue grama, buf- brown fine sandy loam about 10 inches thick. The subsoil falograss, snakeweed, yucca, and fringed sage increase; is yellowish brown and very pale brown sandy clay loam and forage production drops. Undesirable weeds and an- about 14 inches thick. The substratum to a depth of 60 nuals invade the site as range condition becomes poorer. inches is very pale brown, calcareous fine sandy loam. Management of vegetation on this soil should be based Permeability and available water capacity are on taking half and leaving half of the total annual produc- moderate. The effective rooting depth is 60 inches or tion. Seeding is desirable if the range is in poor condition. more. Surface runoff is medium, and the erosion hazard is . Sideoats grama, little bluestem, western wheatgrass, blue l0w. grama, pubescent wheatgrass, and crested wheatgrass are In irrigated areas this soil is suited to all crops com- suitable for seeding. The grass selected should meet the monly grown in the area, including corn, sugar beets, seasonal requirements of livestock. It can be seeded into beans, alfalfa, small grain, potatoes, and onions. An exam- a clean, firm sorghum stubble, or it can be drilled into a ple of a suitable cropping system is 3 to 4 years of alfalfa firm prepared seedbed. Seeding early in spring has followed by corn, corn for silage, sugar beets, small grain, proven most successful. or beans. Land leveling, ditch lining, and installing - pipelines may be needed for proper water application. All i methods of irrigation are suitable, but furrow irrigation is the most common. Barnyard manure and commercial fer- tilizer are needed for top yields. 940397 In nonirrigated areas this soil is suited to winter wheat, Engineer's Note: barley, and sorghum. Most of the acreage is planted to En 9 winter wheat. The predicted average yield is 28 bushels As underlined, both soils types are listed per acre. The soil is summer followed in alternate years as having good potential for Urban and to allow moisture accumulation. Generally precipitation is Recreational development. Septic systems too low for beneficial use of fertilizer. are suitable, with consideration given to Stubble mulch farming, striperopping, and minimum til- a moderately rapid permeability. A poss- lege are needed to control soil blowing and water erosion. ible a ground water problem with contami na- Terracing also may be needed to control water erosion. ti on from sewage lagoons may exist if not The potential native vegetation on this range site is sealed. dominated by sand bluestem, sand reedgrass, and blue grama. Needleandthread, switchgrass, sideoats grama, and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama, sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, and pubescent wheatgrass are suita- ble for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture, Range- land wildlife, for example, the pronghorn antelop9, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of the Olney soiL This soil has good potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass Ile irrigated, IVe nonirrigated; Sandy Plains range site. 940317 ..t t 61.-* .. al... .:.a,,,rit.., ..•E::..:r�•s....... D...;:i ''1.:..?A1... SYSTEM .:"l 1 NO. (:i......'.♦..;.i',,S:?'•' tJt:::l....';.? :.:(.:t;.W l tl:::i••i;... E..I I?I:::E::t't:':';i'7l::Pt"f }{!:::!'' 1:I:Fi PERM II ; k::iI'J:E:E..:.iNs':E::`•l f i=t:... :- E is L;!.'I SERVICES s. :E. ' :l.ti'i'•"I i• 'vi::!'.I;..!!::. t::(:11.1i' : .. ':;I•:1:::t :1...i:::Y., CO ?.:... :I. :` ':.. ::i EXT....,::: S• .. AJ::l...l. .:.t•.i I L. W f1I):'.)I•'.:f::::Si:; 3(...) W..;R 3 PH (30:70 •::>,`.'s4 PAUL ! CC 90610 {--• E, .I:P' ` 't!'I (.11::• SIIE.. t..r.:•{:• .'`d T'WP 7 RNG •-• :. USE .. I S. J.t.... i .. .. 1::' .. Y ... t..l�::�i:: " l't''1 .. 1'..::.,.?...x�:::.�•�I , .{.r1t... 'v).l.h'•I,:1!....... 1...1•x!11.f��11...r DWELLING ♦.., ....... ,....,,., {:: {,.,�.. •v.:♦ ..Y :.,... ! ,.. .. ��'..!1`•!,-. ,.> r.;rl !F•.:',,.�(.., l;::' 2.00 ,...i. .., : .I.A..k. A..A:.. ,)U ACRES .. :Y BASEMENT re :' I' , 1.;1:�3:'9�•:t:!l.11''1:::, ..: .{t..i<:;i:::l .i:..1'•T' PLUMBING I'1('J WATER SUPPLY P>+:".:::!._... , 1...1... :(::'i... ..:(:::'.I FEE $115.00 ,';EC ''., x•, :._1.1f,NNE:: !-'!.19...1_.1:::1: SIGNED BY WILLIAM E. FRFtl'I;:"., '::1R f) • 06/23/92 ' ' k 01..A I•..;1'I l';;A•i•E:: MIN PE::.:: IE'!(::F•t LIMITING ZONE): F'I :':::T, SO -'L. '1' 'F''1::. SILAO4c• PERCENT GROUND <:;I... .fl:.f:: I):I:F;:F::c'.'i`3N F�;':.:(:e...':.:i'tt::... .._:I(: :li'•ll:c...::i'�, 1)I::. :S:l(�I't no ........ .... i,-i' M THE A 'P9...7:(::A'T:I:(' I I INFORMATION T(:'Ii SUPPLIED FiN1:' •T'1"U- t:ll'I'•••51"t'!::: ;+'i:1IL. PERCOLATION Ai;:;.?.: . i•'II::. FJELCWING MI.N:I:tiu:i :I: ••�Ify3y'T�ALL. tT:I.ON SPECIFICATIONS ARE F�:E�(y:1�lJ F�:1:::1):: SEPTIC C TANK GALLONS, ABSOR'PT'ION TRENCH Ilk_ . I_ .. VAN..... Yl..»»».. OP ABSORPTION i LEI) .1, `5... �(:i.. F T .. :i:I'I DDITION, THIS PERMIT {:) f:;:..1I '::'i :;1 '!'(:. THE E FOLLOWING I...L(at!J:li'I(:; ADDITIONAL TERMS AND TAls PERMIT .L : GRANTED TEMPORARILY;F•;II...'( 'T'(:) ALLOW CONSTRUCTION;..1'Ri.l(:1'1:ON 'T'(:1 COMMENCE.CE::.. T'1-17:<:; PE.RML "'1,:::';' i:'1::: :I:::`•-.'!:NICE::1? (:ii• SUSPENDED BY THE'. WELD t::(:1UN . Y HEALTH ti...TE»E DEPARTMENT lEN'T FOR REASONS SET ;..+;{P.(..9 :: '' . 1-4E WELD C::(.11.<<'!T"'' :1: •1I'?:1:'J7::t7l.li•,I... ,.:1.43r1Gr.:. I:'.::. :;P(::;f11... SYSTEM REGULATIONS INCLUDING F'i•^•t:ri...k :i. .''c MEET ANY . E:i M OR CONDITION IMPOSED(:1': ED i 9••II:::Rr::OIZI DURING TEMPORARY FtiY OR FINAL THE :E:;:' aU(=tN(::I::: 1)1... THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION t1MPT':ION BY THE '�''::. ''.1:.. r;. A.....1�.'r••il�•:.., t ...i t OR :!: t :: I:::MI��'1...(:l''ri:::l:::.., CJE LIABILITY P t:lR 'T'F•Ei::: Fr•1:1:1._l.1F•':l::: (7R INADEQUACY OF THE SEWAGE ..;:. I-(.,::::t•t... SYSTEM. .......................... ..»....SPECIALIST•....... . �.: i f.. .......__.. ENVIRONMENTAL . k.1...3 PERMIT :::::: I•1CiT TRANSFERABLE i1I'••II) :;1"!Ad...l... BECOME '':(:1:I:I) IF SYSTEM M CONS ri:;:t:CTI(NI'( HAS I••1,.1•T 1:;(:'•171!':''::•1E:D WITHIN ONE `(E::(11": c:I:: ITS : .. BEFORE i::: ISSUING FINAL"t' •� :1: :.1f•ti'It::l•:: s:.i:: (:1 :I:''�• .>t.1:i:1'It:; ::�:1' i.••fi... i,iF;.t;;.Rt:lVAI... (:1 � Ti-':l:'::: 1•'l::.f;E'i:t..i. THE WE::i...I) {:.'♦!::it.l!'•i,..Y HEALTH DEPARTMENT RESERVES'/1:i:; THE Fi:I: N!•iT TO :I:IY1F'(:if:+l::. ADDI— TIONAL T i:::;;.MS t'-'ii•l(:> ':::(: NX):E.'T :t: i•'•I:S REQUIRED "t'(:1 MEET (:11.11: Rl::;:;1.11..i t'`':1:(:;Itic::• C:!9••E i•s CONTINUING BA— SIS. i'":i :a't.... I'E:i.l .i T i�iF'PF';(.r''.?��i4... T:':: CONTINGENT i.1F'(::I'•! THE F 1 i'•IAt... INSPECTION OF T'HE::. (:tN1'i•••. . ...t::. . :::.xi SYSTEM BY THE u.,l::.:...() COUNTY HEALTH ,()::::Po-•:R t 19:::. } . 9403f_1f7 ITEM 6 . ROAD ACCESSIBILITY The subject property is bordered on the north by Highway 14 which serves good access to the east and west. A paved road , Weld Co . Rd. 33 borders the subject property on the west side which permits good access to the subject property which I have been using to enter my own home without any difficulties of any kind for some time. ITEM 7 . MINERAL STATEMENT According to available information, there are no mineral deposits, sand , gravel or coal under the subject property. 940397 McRAE & SHORT, INC.40, ' rn 7/ 8th Avenue,Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development December 31 , 1993 PROJECT NO. 93410 Mr. Bill Franz 39718 Weld County Road 33 Ault, Colorado 80610 RE: SUBDIVISION AND REZONING TRACT IN THE NORTHWEST QUARTER, SEC. 14, T7N, R66 WEST, WELD COUNTY, COLORADO Dear Mr. Franz, As requested, we have reviewed this site as for the potential of mineral re- covery. According to the Soil Conservation Service Soils Report, the sand and gravel underlying this site are not suitable as a sand and gravel resource, and are only rated as "fair" for roadfill material . The Weld County Coal Resource Map shows the property lies at the fringe edge of an area generally designated as a "Strippable Coal Resource" area. There is no evidence of any open pit mining in the area, which would indicate that this has not been a prime resource area. Th Larson-Molander Seepage Ditch lies along the Easterly boundary of the pro- perty. About 1/3 of the property is designated to lie in the 100-Year Flood Plain (Panel No. 080266-0475-C). The site contains 22- Acres, of which one set of existing improvements covers 4� Acres and State Highway No. 14 and Weld County Road 33 cover 2� Acres, leaving about 16 Acres in open use. The site is long and narrow, being 2000 feet by 450 feet. There are 5 existing residences on the properties adjoining to the South. Excavation done on the site shows at least 6 feet of overburden to any vein of coal . • 940397 `T cr 1.✓v't _. December 31 , 1993 PROJECT NO. 93410 Mr. Bill Franz Based on the above information, it appears that this small area would not be economically feasible for an open pit mining operation. If you have any questions, please call . Very truly yours, McRae & Short, Inc. 2):Ca V le/n/ClaF-C Gerald B. McRae, P.E. & L.S. -2- 940197 ITEM 8 . OVERLAY DISTRICTS According to all information, the subject property is not in a geologic hazard area. It is also not within the Weld County Airport overlay district. However, according to the Weld Co. Flood Hazard Zoning Map, the subject property is partially in the FP-1 District. The map indicates the floodplain is Zone A, which is an area of 100 years possible flood. Base flood elevations and hazard factors are not determined . Bearing this information in mind, I have talked about this possibility with old timers in the area. After visiting with several people about this possibility , they tell me that in 1972 a big rain came and everything was flooding in the area. At that point, water came up to and over the road to the north which is Hwy. 14. In analyzing this information , there is only one answer to formulate . Either the tube which is 36" now was either plugged or inadequate to handle the heavy runoff. I don' t know what size the tube was in 1972 because the road and all tubes crossing it were replaced and completely rebuilt in the late 1980' s. In 1992 I hired Goodell Equipment to dig from the tube outlet which borders the eastern boundary of the subject property south to create a ditch 30" wide and 6 ' deep which will handle by 250 times any amount of water that can come through the present tube . Bearing in mind that there is adequate space to build homes on the subject property and stay out of the possible 100 yr. flood hazard area, I don' t feel like there is any problem with a threat of flooding. New property owners would be thoroughly informed of where the flood hazard exists and build accordingly . � .m A",:) ) 940307 Hello