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Home My WebLink About930840.tiff RESOLUTION RE: APPROVE MINOR SUBDIVISION FINAL PLAT - ED ORR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 25th day of August, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ed Orr, 801 8th Street, Greeley, Colorado 80631, for a Minor Subdivision Final Plat on the following described real estate, to-wit: Lot A of RE #114, in part of the NEL of Section 32, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Ed Orr, applicant, was present, and WHEREAS, Section 4.5. 16 of the Weld County Subdivision Ordinance provides standards for review of said Minor Subdivision Final Plat, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 4.5.16 of the Weld County Subdivision Ordinance including specifically: a. The proposed Minor Subdivision Final plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. b. The proposed Minor Subdivision will be located in an Urban Growth Boundary Area. The Greeley city limits are approximately one-half mile from the subject property; the Greeley Planning Department has indicated that the proposed use does comply with its Comprehensive Plan. c. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the Minor Subdivision. 930840 PL0923 pLoc 3 MINOR SUBDIVISION FINAL PLAT - ORR PAGE 2 d. The proposed individual sewage disposal systems for the Minor Subdivision shall be installed according to Weld County Health Department regulations. e. Areas within the Minor Subdivision which may involve soil or topographical conditions requiring special precautions have been identified by the applicant, and proposed uses of this area can be made compatible with such conditions. f. Streets within the Minor Subdivision are adequate in functional classification, width and structural capacity to the traffic requirements of the proposed use. g. Off-site street facilities providing access to the proposed Minor Subdivision are adequate to meet traffic requirements of the request. Weld County Road 64, a paved County local with 60-foot right-of-way width provides access to the Minor Subdivision; the Weld County Engineering Department has reviewed the application and has no objections to the proposed use. h. The Minor Subdivision is not part of a minor subdivision previously approved by Weld County. i. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road and rights-of-way for the Minor Subdivision are the sole responsibility of the resident land owners or developer. j . There will be no on-street parking permitted within the Minor Subdivision. k. No additional access to Weld County Road 64 will be created. 1. Ingress and egress to all lots within the Minor Subdivision will be to the internal street known as Rocky Road. m. Drainage and stormwater management within the Minor Subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. n. Each lot within the Minor Subdivision will be no less than 2.5 acres in size, and the maximum number of lots will not exceed 6. o. The Minor Subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Western Hills Fire Protection District have reviewed the proposal and have no objections. 930840 MINOR SUBDIVISION FINAL PLAT - ORR PAGE 3 p. A portion of the subject property lies within Zone A (areas of 100-year flood) of the Floodplain. A Flood Hazard Development Permit shall be required for any new construction or substantial improvement of existing structures in the Floodway or Floodprone districts located on the property. No airport or geologic hazard overlay districts affect this site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Minor Subdivision Final Plat on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Minor Subdivision Final Plat, the Board of County Commissioners shall approve the Subdivision Improvements Agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the Subdivision Improvements Agreement. 2. The Minor Subdivision Final plat shall be amended to show a 20-foot exclusive easement for water along the centerline of Rocky Road and continuing east to the subject property boundary between Lots 2 and 4. 3. The following notes shall be placed on the Minor Subdivision Final plat: a. Uses permitted within the Minor Subdivision consist of A (Agricultural) Uses as listed in the Weld County Zoning Ordinance and described in the application materials. b. All lots within the Minor Subdivision shall comply with the requirements of the Western Hills Fire Protection District. c. The interior street within the Minor Subdivision is private and shall be constructed and maintained by the developer or landowners within the subdivision. d. No on-street parking will be allowed within the subdivision. e. A single access to the Minor Subdivision will be provided by Weld County Road 64. f. North Weld County Water District shall provide domestic water to the subdivision by means of a separate four-inch line from the pump station located at Weld County Roads 64 and 29. g. Sewer service will be provided by individual septic design systems approved by the Weld County Health Department. They shall be installed according to the Weld County Individual Sewage Disposal Regulations. 930840 MINOR SUBDIVISION FINAL PLAT - ORR PAGE 4 h. Restrictions on Lots 3 and 4 include: i. Construction of homes will not occur within the 100-year flood-zone boundary. ii. Placement of septic systems will not occur within the 100-year flood-zone boundary. iii. All fencing constructed within the 100-year flood-zone boundary for pasturing purposes shall be designed to allow free movement of wildlife. iv. Maximum number of animal units allowed within the 100-year flood zone will be 2 per acre. v. Trees located within the 100-year flood zone shall not be removed unless they are a safety hazard. i. Ground cover to prevent soil erosion and noxious weed problems shall be maintained on the pasture area at all times. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of August, A.D. , 1993. n /� ) /#// /� BOARD OF COUNTY COMMISSIONERS ATTEST: /�S(yl /y f�,%v, WEL/ COUNTY, COLORADO a> IY ti,„,./,L6,4.7 rc Weld County Clerk to the Board ( it�aa f rie 2 lf. Gc/ Constance L. Ha Be //�/r jt �, IChaaiirrm�aan'7� BY: 44 !r (- 1 �C.i'./1�l/LL^ x7 ((( Deput Clerk o the Bo W. H Webster, Pro-Tem APPROVE S TO FORM: r C. / 4' rge . Baxter /kw, C my Attorne Dale K. Hall 7 / j / Barbara J. Kirkme r 930840 HEARING CERTIFICATION DOCKET NO. 93-60 RE: MINOR SUBDIVISION FINAL PLAT - ED ORR A public hearing was conducted on August 25, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated August 4, 1993, and duly published August 12, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Ed Orr for a Minor Subdivision Final Plat. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission omm ssiontoot present d In as written. Mr. Morrison noted that Ed Orr, app was response to a question from Commissioner Webster, Mr. Thompson stated the only change in the Planning Comm n hearing was change.he height fter of the e vegetation and Mr. Orr was agreeable to said discussion, Commissioner Hall moved to recess said hearing to allow Mr. Orr' s presence. Commissionet Kirkmeyer seconded the motion, which carried unanimously. Upon reconvening, Mr. Orr said the proposal is for a four- lot minor subdivision within the urban growth boundary. He said it would be beneficial to the area and the County, with covenants to keep quality in mind and improve the area. He said the Planning Commission's concern was the water availability and that a station e the pr North d Water engineer gine rta ree gree dito bring a four-inch line from the pump He indicated the line would be opertthe subdivision with its own water supply. oversized for further capacity. Mr. Orr said the surrounding owners' concerns should be alleviated and all other Conditions of Approval were agreed upon at the Planning Commission hearing. Mr. Thompson confirmed that nothing had changed since the Planning Commission meeting, and Mr. Morrison read the Condition of Approval concerning the groundcover. Mr. Orr confirmed he had no problems with any Conditions of Approval, and the location of the site was discussed. In response to questions from the Board concerning the use of septic systemsrather than ne the i City sewer er system, Mr. Orr explained the closest proposed to one-half mile away, and the easement was for future potential annexation. Mr. Orr confirmed there would be no septic systems or buildings in the 100-year floodplain and indicated the septic systems would not be engineered unless protest mandated such. In response again to questions from the Board, Mr. Orr said the site is one-half mile north of Boomerang, and the City will cross the river with its proposed sewer line; installation of which is proposed this fall. In response to a question from Chairman Harbert, Mr. Orr said the subdivision will be started late this fall. He explained, on behalf of Commissioner Hall, that it would not be economically feasible to use the City's sewer rather than septic systems. Further discussion ensued, and Mr. Orr said the storm-water drainage control had been approved by engineers. He indicated one-half share of water would be transferred to the home owners and divided among the four lots. In response to questions from Commissioner Hall concerning the letter from the Division of Wildlife, Mr. Orr said he addressed all valid concerns in the Planning Commission hearing. He stated, in his opinion, some concerns were not applicable. There was further discussion concerning the planting of Russian Olive Trees in the area, and Mr. Orr said he feels that is not a fair restriction because it is not in the floodplain and there are no swamp areas. In response to a 930840 A nc, I ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF AUGUST 1993: DOCKET II 93-60 - MINOR SUBDIVISION FINAL PLAT, ED ORR DOCKET It 93-55 - SPECIAL REVIEW PERMIT, JOSE A. GONZALES DOCKET It 93-57 - AMENDED SPECIAL REVIEW PERMIT, DON HOFF DOCKET It PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 7 1. ‘4_,)0-1 tit-4c...a. •�,� �c'� 151 r te£ cr c13- Q/2 4i2w r 0 leek < (ce t(6 ( d 6:/6/-4tc.,.' tie I,az .v i/.977/ Gt/6), Z.. �� L/eta Y ei/ e for /n7/ 'tiC ienV s S'3 - 6O /J' ,(( CL i / l6'0 - G c_R 6 3 -c y,57 7 23084'9 NOTICE Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Minor Subdivision Final Plat for the property described below 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. APPLICANT DOCKET NO. 93-60 Ed Orr 801 8th Street Greeley, Colorado 80631 DATE: August 25, 1993 TIME: 10:00 A.M. REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Lot A of RE #114, in part of the NE,' of Section 32, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately , mile north of Greeley City limits, south of Weld County Road 64 and west of Weld County Road 29 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge, Deputy DATED: August 4, 1993 PUBLISHED: August 12, 1993, in the Windsor Beacon l // / \ 930840 Pursues to the laws of the State of Coloreds and the Web County Subdivision Ordinance, ■ public heating will be held in the Chambers Commissioners the Board of AFFIDAVIT OF PUBLICATION Courtly Wbcere of Weld County, Colorado, Weld County Centennial STATE OF COLORADO Center,915 10th Street, First Floor, Beesley, ss Colorado, at the time COUNTY OF WELD specified All persons in any the"tor Sub:Melon Find I, KEITH FLANSEN, of said County of Weld, being duly Plat for the property sworn,say that I am publisher of described below are .requested to attend and WINDSOR BEACON maybe heard Should the applicant or a weekly newspaper having a general circulation in said •V 'its petty desire County and State, published in the town of WINDSOR, the presence of a court .weeder to make a record in said County and State; and that the notice, of which el the proceedings, In the annexed is a true copy, has been published in said addition to the taped weekly for / _successive weeks, that the notice teeing which will be kept luring the hearing, the was published in the regular and entire issue of every Clerk to the Boards Office number of the paper during the period and time of ltd be advised In giro publication, and in the newspaper proper and not in a M such action at bap fNe supplement, and that the first publication of said notice deya prior to the head% The cost of engaging a was in said paper bearing the date of the ',on reporter shall be Berne by the requesting /r day of fr , AD., 1993 and the last publication bearint the date of the It IT ALSO KNOWN that les text and maps so day of , A.D., 19_ and sauna by the Web that the said WINDSOR BEACON has been published Oaunty Planning Commission may be continuously and uninterruptedly for the period of 5 ettamined In the office of consecutive weeks, in said County and State, prior to the Ss County Clerk to the Board of date of first publication of said notice, and the same is a County Commissioners, bleed in the Weld County newspaper within'the meaning of an Act to regulate Centennial Center,915 printing of legal notices an advertisements, approved IMh Street,Third Floor, May 18, 1931,and all prior cts ar as in force. owby,Coloreds. DOCKET NO.93-80 APPLICANT:Ed Om,801 P USHER 8th Street, Greeley, Colorado 80831 Subscri b d and swo to before me this 17 day DATE: August 25,1993 of aid 19 f23 TIME: 10.O0 A.M. A 7J,, •Cir RECUEST: Minor NOTARY PUBLIC Subdivision Final Plat LEGAL GAL DESCRIPTION:PTION: My commission expires Lot A of RE#114,in part of the NE1/4 of Section 32, Township 8 North, Range 88 West of the 8th P.M., Wpb County,Colorado LOCATION:Approximately mile north of Greeley City knits,south of Weld County Road 84 and west of Weld Cowry Road 29 BOARD OF COUNTY COMMISSIONERS,WELD COUNTY,COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO n✓gt;BOARD BY: Linda M. Dodge, CONY Paw In the Augustd12, v30840 Dessert on August 12, Q. 1N8. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-60, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this /717/3/4 day of _ &�� lGc2� , 1993. /11/1/A ti---- Clerk to the Bo Dale and Karen McKelvey 13804 Weld County Road 64 Greeley, CO 80631 Earl and Suzanne Erbes 712 2nd Street, Apt. B4 Windsor, CO 80550 Peggy and J. Lawrence Ackerd 179 Monroe Street Denver, CO 80209 Chris and Amy Elder 13644 Weld County Road 64 Greeley, CO 80631 Clyde and Kathleen Feurerstein Trustees 13771 Weld County Road k' &/i Greeley, CO 80631 Ed and Suzie Orr c/o Orr Land Company 801 8th Street Greeley, CO 80631 930849 GV8OQi \ \ ' ILI . ° r\ r } ' S < . \ ON, } 2x / \ \ L : j ri CD ` j 00 0 C Jg Ci ) J \ \& $ ° y s P/ + ` X S. ) C & m E / \� , E 8 } \ 4 [ \ ° 8 gbz - % pg \ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 Page 8 CASE NUMBER: S-339 APPLICANT: Ed Orr REQUEST: Minor Subdivision Final Plat. LEGAL DESCRIPTION: Lot A of RE-114; in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of the City of Greeley; south of Weld County Road 64 and west of Weld County Road 29. Ed Orr, applicant, explained he plans a 4 parcel rural residential development which would be the best use for the area. The property is within the Urban Growth Area for the City of Greeley and services are available. There will be covenants and restrictions for a quality development. Judy Yamaguchi referred to the letter dated July 19, expressing concerns about potential dust problems and waterlines. Ed said he had spoken with North Weld Water and they said there would be no problems, plus the subdivision would have a share of the ditch water through the area. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Larry Rogstadt, Division of Wildlife, expressed concerns about the proximity of the subdivision to the Cache La Poudre River bottom. Ed Orr stated the Homeowners Association would take whatever measures necessary to insure the well- being of the area. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Kathleen Fuerstein, Clyde Fuerstein, and Karen McElby, surrounding property owners, expressed concerns about the size of the waterlines (water pressure) in the area not being able to handle 4 new residences. Ed Orr said he would insure the addition of the new residences would not put undue stress on the existing property owners. The Chairperson asked if the applicant was in agreement with the staff's recommendation. Ed Orr said he was not comfortable with the wording of the last condition of approval. Gloria Dunn amended the condition of approval to read: Ground cover to prevent soil erosion and noxious weed problems shall be maintained on the pasture area at all times . 030849) SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 Page 9 Bud Clemons moved to forward Case Number S-339, Ed Orr, as amended, to the Board of County Commissioners with the Planning Commission's recommendation for approval. Richard Kimmel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. Meeting adjourned at 4:55 p.m. Sh�Respectfully s ted, ��//�//J Ruff Secretary 930949 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution, with the amendment to the last condition of approval, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-339 NAME: Ed Orr ADDRESS: 801 8th Street, Greeley, CO 80631 j REQUEST: Minor Subdivision Final Plat to LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, rR:66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Greeley City limits, south of Weld County Road 64 and west of Weld County Road 29. 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 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: The proposed Minor Subdivision Final plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. The proposed minor subdivision will be located in an Urban Growth Boundary Area. The Greeley city limits are approximately 1/2 mile from the subject property; the Greeley Planning Department has indicated that the proposed use does comply with its Comprehensive Plan. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the minor subdivision. The proposed individual sewage disposal systems for the Minor Subdivision shall be installed according to Weld County Health Department regulations. Pia 9A)3 RESOLUTION, S-339 Ed Orr Page 2 Areas within the minor subdivision which may involve soil or topographical conditions requiring special precautions have been identified by the applicant, and proposed uses of this area can be made compatible with such conditions. Streets within the Minor Subdivision are adequate in functional classification, width and structural capacity to the traffic requirements of the proposed use. Off-site street facilities providing access to the proposed minor subdivision are adequate to meet traffic requirements of the request. Weld County Road 64, a paved County Local with 60 foot right-of-way width provides access to the Minor Subdivision; the Weld County Engineering Department has reviewed the application and has no objections to the proposed use. The Minor Subdivision is not part of a minor subdivision previously approved by Weld County. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road and rights-of-way for the Minor Subdivision are the sole responsibility of the resident land owners or developer. There will be no on-street parking permitted within the Minor Subdivision. No additional access to Weld County Road 64 will be created. Ingress and egress to all lots within the Minor Subdivision will be to the internal street known as Rocky Road. Drainage and stormwater management within the Minor Subdivision have been addressed by the applicant and approved by the Weld County Engineering Department Each lot within the Minor Subdivision will be no less that 2.5 acres in size, and the maximum number of lots will not exceed 6. The Minor Subdivision will not cause an unreasonable burden on the ability to local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Western Hills Fire Protection District have reviewed the proposal and have no objections. A portion of the subject property lies within Zone A (areas of 100 year flood) of the Floodplain. A Flood Hazard Development Permit shall be required for any new construction or substantial improvement of existing structures in the Floodway or Floodprone districts located on the property. No airport or geologic hazard overlay districts affect this site. 230840 RESOLUTION, S-339 Ed Orr Page 3 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. Prior to recording the Minor Subdivision Final Plat, the Board of County Commissioners shall approve the Subdivision Improvements Agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the Subdivision Improvements Agreement. 2. The Minor Subdivision Final plat shall be amended to show a 20 foot exclusive easement for water along the centerline of Rocky Road and continuing east to the subject property boundary between Lots 2 and 4. 3. The following notes shall be placed on the Minor Subdivision Final plat: Uses permitted within the Minor Subdivision consist of A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. All lots within the Minor Subdivision shall comply with the requirements of the Western Hills Fire Protection District. The interior street within the Minor Subdivision is private and shall be constructed and maintained by the developer or land owners within the subdivision. No on-street parking will be allowed within the subdivision. A single access to the Minor Subdivision will be provided by Weld County Road 64. North Weld County Water District shall provide domestic water to the subdivision. Sewer service will be provided by individual septic design systems approved by the Weld County Health Department. They shall be installed according to the Weld County Individual Sewage Disposal Regulations. Restrictions on Lot 3 and 4 include: a. Construction of homes will not occur within the 100 year flood zone boundary. b. Placement of septic systems will not occur within the 100 year flood zone boundary. 930849 RESOLUTION, S-339 Ed Orr Page 4 c. All fencing constructed within the 100 year flood zone boundary for pasturing purposes shall be designed to allow free movement of wildlife. d. Maximum number of animal units allowed within the 100 year flood zone will be 2 per acre. e. Trees located within the 100 year flood zone shall not be removed unless they are a safety hazard. Ground cover to prevent soil erosion and noxious weed problems shall be maintained on the pasture area at all times. Motion seconded by Richard Kimmel. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Judy Yamaguchi Juliette Kroekel Shirley Camenisch Bud Clemons 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 July 20, 1993. Dated the 20th of Jul , 1993. 4)0 tf F. Ruff Secretary 930849 ADDITIONAL COMMENTS In letters dated March 19, and June 25, 1993, Larry Rogstad of the State Division of Wildlife expressed concern regarding residential-type development within the riparian wildlife habitat located in the 100 year flood zone on the property. The Weld County Comprehensive Plan states, "conflicts with fish and wildlife habitats. . .shall be considered in land development. Development and design adjacent to rivers. . .and important or critical wildlife areas shall incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife. " The Division of Wildlife has recommended, in addition to Final Plat notes, that the applicant be required to pave access roads and construct a sedimentation pond in the proposed subdivision. Condition of Approval #2, which requests an amendment of the plat to include an exclusive 20 foot easement for water, was requested by the Greeley Public Works Department. Even though North Weld County Water District is making water available to the proposed minor subdivision, the exclusive water easement would be a benefit should additional future subdivisions be developed near this site. The easement would also facilitate a potential connection with the Greeley water line in the future. Q 0R49 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Ed Orr Case Number: S-339 Submitted or Prepared Prior to Hearing At Hearing 1. Application 34 pages X 2. 1 Application plat and maps X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner' s Mailing List 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. June 22, 1993, memo from Weld County Health X Department 12. June 18, 1993, memo from Weld County Engineering X 13. June 8, 1993, referral response from Greeley X Planning Department 14. June 25, 1993, letter from Division of Wildlife X 15. March 19, 1993, letter from Division of Wildlife X 16. June 17, 1993, letter from West Greeley Soil X Conservation District 17. March 18, 1993, letter from Army Corps of X Engineers 18. July 19, 1993, letter from Dale McKelvey X 19. July 19, 1993, letter from Clyde Feuerstein X I hereby certify that the 19 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 July 23, 1993. Current )planner L./ STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SW,Q TO BEFORE ME THIS day of 19`�//'�f3;(. F F • p , U •, b ': SEAL �► r� r, .— o - : h ° J t u -' 4 ' NOTAR PUBLIC My Commiss trq Ewpit orAt& I t 19 Z:771/24/(Z- /9 930949 EXHIBIT INVEN'T'ORY CONTROL SHEET Case 33,7 L (-)7 Exhibit Submitted By Exhibit Description 71e9 A. /a/l."�n/ � /�dery��r o/' /74s 7/�9 B. ,/%r_v2/r1y -oir?,/`/55/e in /fesda?7511 a/AC7V22e/1 d'd.-Z2on /9 c. /°:::.1/9"2//7.9 e.e ini l/.5 C/n77 5u, Ira 9/ D//ha l/y `V1 D. ( rye /2 te. cai� 4/a'hce_ D//TeILr/i'? . E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. !:130F149 DATE: July 20, 1993 CASE NUMBER: S-339 NAME: Ed Orr ADDRESS: 801 8th Street, Greeley, CO 80631 REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Greeley City limits, south of Weld County Road 64 and west of Weld County Road 29. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: j 1. The submitted materials are in compliance with the application requirements of Section 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 4.5 .9 of the Weld County Subdivision Ordinance as follows: The proposed Minor Subdivision Final plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. The proposed minor subdivision will be located in an Urban Growth Boundary Area. The Greeley city limits are approximately 1/2 mile from the subject property; the Greeley Planning Department has indicated that the proposed use does comply with its Comprehensive Plan. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the minor subdivision. The proposed individual sewage disposal systems for the Minor Subdivision shall be installed according to Weld County Health Department regulations. Areas within the minor subdivision which may involve soil or topographical conditions requiring special precautions have been identified by the applicant, and proposed uses of this area can be made compatible with such conditions. Streets within the Minor Subdivision are adequate in functional classification, width and structural capacity to the traffic requirements of the proposed use. 930840 RECOMMENDATION, S-339 Ed Orr Page 2 Off-site street facilities providing access to the proposed minor subdivision are adequate to meet traffic requirements of the request. Weld County Road 64, a paved County Local with 60 foot right-of-way width provides access to the Minor Subdivision; the Weld County Engineering Department has reviewed the application and has no objections to the proposed use. The Minor Subdivision is not part of a minor subdivision previously approved by Weld County. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road and rights-of-way for the Minor Subdivision are the sole responsibility of the resident land owners or developer. There will be no on-street parking permitted within the Minor Subdivision. No additional access to Weld County Road 64 will be created. Ingress and egress to all lots within the Minor Subdivision will be to the internal street known as Rocky Road. Drainage and stormwater management within the Minor Subdivision have been addressed by the applicant and approved by the Weld County Engineering Department Each lot within the Minor Subdivision will be no less that 2.5 acres in size, and the maximum number of lots will not exceed 6. The Minor Subdivision will not cause an unreasonable burden on the ability to local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff' s Department and Western Hills Fire Protection District have reviewed the proposal and have no objections. A portion of the subject property lies within Zone A (areas of 100 year flood) of the Floodplain. A Flood Hazard Development Permit shall be required for any new construction or substantial improvement of existing structures in the Floodway or Floodprone districts located on the property. No airport or geologic hazard overlay districts affect this site. 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. 930840 RECOMMENDATION, 5-339 Ed Orr Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the Minor Subdivision Final Plat, the Board of County Commissioners shall approve the Subdivision Improvements Agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the Subdivision Improvements Agreement. 2. The Minor Subdivision Final plat shall be amended to show a 20 foot exclusive easement for water along the centerline of Rocky Road and continuing east to the subject property boundary between Lots 2 and 4. 3. The following notes shall be placed on the Minor Subdivision Final plat: Uses permitted within the Minor Subdivision consist of A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. All lots within the Minor Subdivision shall comply with the requirements of the Western Hills Fire Protection District. The interior street within the Minor Subdivision is private and shall be constructed and maintained by the developer or land owners within the subdivision. No on-street parking will be allowed within the subdivision. A single access to the Minor Subdivision will be provided by Weld County Road 64. North Weld County Water District shall provide domestic water to the subdivision. Sewer service will be provided by individual septic design systems approved by the Weld County Health Department. They shall be installed according to the Weld County Individual Sewage Disposal Regulations. Restrictions on Lot 3 and 4 include: a. Construction of homes will not occur within the 100 year flood zone boundary. b. Placement of septic systems will not occur within the 100 year flood zone boundary. c. All fencing constructed within the 100 year flood zone boundary for pasturing purposes shall be designed to allow free movement of wildlife. 930840 RECOMMENDATION, S-339 Ed Orr Page 4 d. Maximum number of animal units allowed within the 100 year flood zone will be 2 per acre. e. Trees located within the 100 year flood zone shall not be removed unless they are a safety hazard. A 6 inch grass cover shall be maintained on the pasture area at all times. 930640 ADDITIONAL COMMENTS In letters dated March 19 , and June 25, 1993, Larry Rogstad of the State Division of Wildlife expressed concern regarding residential-type development within the riparian wildlife habitat located in the 100 year flood zone on the property. The Weld County Comprehensive Plan states , "conflicts with fish and wildlife habitats. . .shall be considered in land development. Development and design adjacent to rivers. . .and important or critical wildlife areas shall incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife. " The Division of Wildlife has recommended, in addition to Final Plat notes, that the applicant be required to pave access roads and construct a sedimentation pond in the proposed subdivision. Condition of Approval #2, which requests an amendment of the plat to include an exclusive 20 foot easement for water, was requested by the Greeley Public Works Department. Even though North Weld County Water District is making water available to the proposed minor subdivision, the exclusive water easement would be a benefit should additional future subdivisions be developed near this site. The easement would also facilitate a potential connection with the Greeley water line in the future. 930840 4 I A PR ? 110 . A , , , 4x TE: July 20, 1993 ! 1.0 CASE NUMBER: S-339 NAME: Ed Orr ADDRESS: 801 8th Street, Greeley, CO 80631 - REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Greeley City limits, south of Weld County Road 64 and west of Weld County Road 29. 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 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: . The proposed Minor Subdivision Final plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. The proposed minor subdivision will be located in an Urban Growth Boundary Area. The Greeley city limits are approximately 1/2 mile from the subject property; the Greeley Planning Department has indicated that the proposed use does comply with their Comprehensive Plan. - North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the minor subdivision. The proposed individual sewage disposal systems for the Minor Subdivision shall be installed according to Weld County Health Department regulations. Areas within the minor subdivision which may involve soil or topographical conditions requiring special precautions have been identified by the applicant, and proposed uses of this area can be made compatible with such conditions. Streets within the Minor Subdivision are adequate in functional classification, width and structural capacity to the traffic requirements of the proposed use. 930840 RECOMMENDATION, S-339 Ed Orr Page 2 Off-site street facilities providing access to the proposed minor subdivision are adequate to meet traffic requirements of the request. Weld County Road 64, a paved County Local with 60 foot right-of-way width provides access to the Minor Subdivision; the Weld County Engineering Department has reviewed the application and has no objections to the proposed use. - The Minor Subdivision is not part of a minor subdivision previously approved by Weld County. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road and rights-of-way for the Minor Subdivision are the sole responsibility of the resident land owners or developer. There will be no on-street parking permitted within the Minor Subdivision. • No additional access to Weld County Road 64 will be created. Ingress and egress to all lots within the Minor Subdivision will be to the internal street known as Rocky Road. Drainage and stormwater management within the Minor Subdivision have been addressed by the applicant and approved by the Weld County Engineering Department Each lot within the Minor Subdivision will be no less that 2.5 acres in size, and the maximum number of lots will not exceed 6. The Minor Subdivision will not cause an unreasonable burden on the ability to local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Western Hills Fire Protection District have reviewed the proposal and have no objections. - A portion of the subject property lies within Zone A (areas of 100 year flood) of the Floodplain. A Flood Hazard Development Permit shall be required for any new construction or substantial improvement of existing structures in the Floodway or Floodprone districts located on the property. No airport or geologic hazard overlay districts affect this site. 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. 930840 RECOMMENDATION, S-339 Ed Orr Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the Minor Subdivision Final Plat, the Board of County Commissioners shall approve the Subdivision Improvements Agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the Subdivision Improvements Agreement. 2. The Minor Subdivision Final plat shall be amended to show a 20 foot exclusive easement for water along the centerline of Rocky Road and continuing east to the subject property boundary between Lots 2 and 4. 3. The following notes shall be placed on the Minor Subdivision Final plat: Uses permitted within the Minor Subdivision consist of A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. All lots within the Minor Subdivision shall comply with the requirements of the Western Hills Fire Protection District. The interior street within the Minor Subdivision is private and shall be maintained by the developer or land owners within the subdivision. No on-street parking will be allowed within the subdivision. - A single access to the Minor Subdivision will be provided by Weld County Road 64. North Weld County Water District shall provide domestic water to the subdivision. Sewer service will be provided by individual septic design systems approved by the Weld County Health Department. Restrictions on Lot 3 and 4 include: a. Construction of homes will not occur within the 100 year flood zone boundary. b. Placement of septic systems will not occur within the 100 year flood zone boundary. c. All fencing constructed within the 100 year flood zone boundary for pasturing purposes shall be designed to allow free movement of wildlife. d. Maximum number of animal units allowed within the 100 year flood zone will be 2 per acre. 930840 RECOMMENDATION, S-339 Ed Orr Page 4 e. Trees located within the 100 year flood zone shall not be removed unless they are a safety hazard. A 6 inch grass cover shall be maintained on the pasture area at all times. 930840 • ADDITIONAL COMMENTS In letters dated June 25 and March 19, 1993, Larry Rogstad of the State Division of Wildlife expressed concern regarding residential-type development within the riparian wildlife habitat located in the 100 year flood zone on the property. The Weld County Comprehensive Plan states, "conflicts with fish and wildlife habitats. . .shall be considered in land development. Development and design adjacent to rivers. . .and important or critical wildlife areas shall incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife. " Condition of Approval #2, which requests an amendment of the plat to include an exclusive 20 foot easement for water, was requested by the Greeley Public Works Department. Even though North Weld County Water District is making water available to the proposed minor subdivision, the exclusive water easement would be a benefit should additional future subdivisions be developed near this site. The easement would also facilitate a potential connection with the Greeley water line in the future. 930844 . ._ LAND-USE APPLICATION SUMMARY SHEET Date: July 13, 1993 CASE NUMBER: S-339 NAME: Ed Orr ADDRESS: 801 8th Street, Suite 230, Greeley, CO 80631 REQUEST: A Minor Subdivision Final Plat. LEGAL DESCRIPTION: Lot A or RE-114 in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Greeley City limits, south of Weld County Road 64 and west of Weld County Road 29. SIZE OF PARCEL: 11.83 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from: 1. Weld County Health Department 2. Weld County Engineering Department 3. Greeley Planning Department 4. State Division of Wildlife 5. Western Hill Fire Protection District 6. West Greeley Soil Conservation District 7. Army Corps of Engineers 8. 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'� t :�r' ,B 1 ` it r ' 1. iwr .4 $ l .� > v.i t - • .. • • ?Mt '4; w a jryWpwaa..`. ..��..w.r.r....,a „. Y { � y Sv` F s n f R _ : :r }F �F .:,,,,,•, . - ---• 4 4,, •.,..- .".:: .. ri - ;.....,..„.„..„4,47„.„....,...„:„.L.,.„,..,..,:,:.,:..„,,,,,,, „.. .. .... _ . . .. . , ,#,.., ... ,,,,.........: k, :::,,,„ 0:::.c•,-).3-:,..-..- .,..*:.;x." r tt' t x nz fr.. ,n, t .'.'� y. * Ur r< j iii A il x t �,:i1 t -tom �1, _ 7,.v sf .,y :n •� 2 t";;!..,•;;;,,,-,„..••;; f . .,.?,-ti.._- �c• a�NNrs _ Y Se MOp No. "'Y 1 ':e „ , *•r. M . m.I 0805-32-4 . } , ,. L -"t �' ..:- { lA, a 4n i 1. .L t t •9! fr 1"...111'd.'' ;',. s f • i. 14' —A.::...„.41, ,L - r4yt 400 ti :31{1.474 F.S.^' f,.'i. x Y ! .. • FIELD CHECK FILING NUMBER: S-339 DATE OF INSPECTION: June 11, 1993 APPLICANT'S NAME: Ed Orr REQUEST: Minor Subdivision Final Plat. LEGAL DESCRIPTION: Lot A of RE-114 in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Greeley, south of Weld County Road 64 and Weld County Road 29. LAND USE: N Weld County Road 64, agricultural production, oil and gas facilities. E Residence, agricultural production S Cache La Poudre River W Residence, agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) , City of Greeley W A (Agricultural) COMMENTS: The property is in agricultural use and slopes to the south. Weld County Road 64, access to the site, is paved. L'LL6t Ky1^------- Gloria nn Curr ill 930840 REFERRAL LIST NAME: Ed Orr CASE NUMBER: S-339 REFERRALS SENT: June 8, 1993 REFERRALS TO BE RECEIVED BY: June 22, 1993 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department Brighton _Extension Service _Broomfield _Emergency Management Office _Dacono X 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 Geological Survey X Greeley _ _Department of Health _Grover _Department of Transportation _Hudson _Historical Society _Johnstown _Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission _Kersey X Division of Wildlife _La Salle FIRE DISTRICTS Lochbuie _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 X US Army Corps of Engineers _ _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration X 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 School District RE-6 Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Tom Rulon 930840 ,' 'm, mEmoRAnDum WIID€ To Gloria Dunn Date COLORADO Weld County Planning June 22, 1993 From John S. Pickle, M.S.E.H. , Director, Environmental He th Subject: Case Number- S-319 Name: Orr Ed Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 2. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. The Division requires that this facility utilize existing public water supply. 4. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/cs-1183 tJ LiJI ___JUN 2319 11 ;A Phonier 930840 at mEmoRAnDum Gloria Dunn To Planning Date Tune 1R, 1991 COLORADO From Donald Carroll 101.4 Subject: TM Orr S-339 I have reviewed the application and have the following comments: The applicant has indicated that the roadway will be 18' in width with borrow pit ditches with a minimum of 8' wide 4-to-1 slopes and a minimum of 4" of gravel surface on the roadway. This meets the criteria for the subdivision ordinance. The applicant has provided drainage and storm water information. It has been signed and stamped by a professional engineer. The access is onto WCR 64 with good sight distance. I have no conflicts with this application. cc: Commissioner Baxter File S-339 mglorial.pds 0EC ,IVE JUN 2 2 1993 11 Wei CaurtyManning 930840 . p ts ' 'EPARTMENT OF PLANNING SERVICES ,•��U-'�. �w ' PHONE (303)353.3845, EXT. 3540 11111111 WELD COUNTY ADMINISTRATIVE OFFICES•O -UN _ 9 I993 1400 N. 17TH AVENUE ( GREELEY, COLORADO 80631 COLORAD • 0%).; recite, June 8, 1993 CASE NUMBER: S-339 TO WHOM IT MAY CONCERN: Enclosed is an application from Ed Orr for a Minor Subdivision Final Plat. The parcel of land is described as Lot A of RE-114 in part of the NE4 of Section 32, T6N, 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 north of Greeley, south of Weld County Road 64 and Weld County Road 29. 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 June 22, 1993, 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 deed does does not) comply with our Comprehensive Plan for the o owing reasons. 'rc 404 G•a.e 1. (4 c67 : coo'. PL..., N.t. Ant—sal f. .41. 1¢: 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. Pleaserefer to the enclosed letter. Signed: 47 4,,t / Agency: 4v /Ls.; Date: / 4/A r3 I $ E JUL 0 1 1993 III lm A •S $e y s �8 'ON 'N'9'M { I Ni) -� ,00'861 _ -' e• a I ot i-dW ` I lIF0N O• q it- it 34 11 9 I el-4?., 8' yy ��.$i a§a 1. -1, $ t L 1 0 ii. Si n. E ry N 61 w w w W ] W N $ e b J� 0 • I u O O 'O N Cr' ; IOOOOn06 p OO C i bac c. 1 O (1-- z 2 .4.— •nw � $ 1.� `� `s� I \ � g =1 Z: •� m oI, aQ \ a ..."'es,..., M Q e o ^ ^ a n \� • v 4 CO C JO w m \ n .,.n. \ -�I W ,s I v r^ •_ w o b r� NQ sr h • N:i:^• vJ tic owx � _ � 8 � r •' • F3 " a = N 8 8 8 8 8 -8. .8. 8• x } 1 C3 „ t • 1 ' ' et, I Cr t 'is• ,; it -ww g r o n _ 0 _ •$ 51.,' C Z m m b ry O b h I 3 b8 V < Y V Cw r. Vv 00N x ca 3 a b 2$ a cc • o j Q0 Ct ~N O 2 „^ O o e 3 0 0. o -,pb x ft \a b x =IQ P,N ♦ Z 3 b- Ob \ 8 ow Ma F 0n e 8 // W V / j� /� 6It f I Al 0 STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCESO110% DIVISION OF WILDLIFE b t AN EQUAL OPPORTUNITY EMPLOYER - - Perry D. Olson, Director `} jr4s, 6060 Broadway ON of Denver, Colorado 80216 Telephone: (303) 297-1192 For Gi'fldli e- For People Gloria Dunn 6/25/93 Weld County Planning Services Greeley, Colorado 80631 Re:S-339 Dear Gloria, I have reviewed the Final Plat for a minor subdivision supplied by Mr. Orr. A minor change has been made to the map. The updated map has moved the Cache La Poudre River south of the boundary for the parcel. There is, however, a tributary warm water slough that is within the property line. The slough has been left off the updated map. On the date I made a second inspection of the property, June 19, 1993 , high water had backed up the slough to the point where it was approximately fifty feet from the 100 year flood line. Based on the vegetation found on site, all land within the 100 year flood line should be considered riparian. One could expect that a high water table exists on all lands found within the "flood line" designated as: BK.732,R.N.1654174 on the map. As stated in the Division's letter of 3/19/93 it is difficult to determine the true riparian boundary because of the disturbance caused by agricultural cultivation. The presence of Wild Licorice on the lower end of the alfalfa field would indicate that the riparian extends into the cultivated area. The Division submitted a letter, dated 3/19/93 , during the sketch plan review of this proposal. The Division still has the same concerns as those found in the previous letter. The proximty of this parcel to the river bottom and the associated high water table, along with a soil type, Otero Sandy Loam, with moderately rapid permeability may create a hazard for ground water contamination. The Division would hope that Weld County Health Department would give careful consideration to the location and choice of sewage disposal systems used on this property. Section 3 .4 D&E of the Weld County Individual Sewage Disposal System Regulations states that depth of the ground water table, and soil suitability should be examined in determining the suitability of the site and the proposed design for the septic system. If necessary, due to subsurface conditions that may endanger the Waters of the State, additional hydrological or geological information may be requested. The Division would request that adequate steps be taken to protect the Waters of the State. If permitted, septic systems should be located to the north of the line designated as the "flood line" on Mr. Orr's map. Indications of a high water table or excessive percolation rate should require the use of an appropriate engineered design system. Preservation of water quality is a crucial necessity throughout Colorado. • DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez, Member • Rebecca L. Frank, Member Louis F. Swift, Member•George VanDenBerg, Member• Larry M. Wright, Member •Thomas M. Eve, Member 330840 In the earlier letter the Division suggested limiting livestock use, paving of access roads and use of a sedimentation pond to limit the amount of silt entering the Poudre via the slough. The Division would continue to suggest those options be considered. In the property covenants, Mr. Orr has addressed over grazing indirectly. Section 2 :13 states that no lot shall be over grazed, and the grazing of animals shall not change the character of the lots. Mr. Orr has also agreed that any fencing in the riparian zone will allow free movement by wildlife. The Division can provide Mr Orr with fence design that will allow unrestricted movement by wildlife. We appreciate Mr. Orr's efforts on this matter. Once again, the Division would request a clause in the subdivision covenants alerting property owners that abatement of wildlife conflicts is the responsibility of the property owner within the guidelines established by State and Federal law. It would also be appropriate to notify prospective property owners that hunting is a valid recreational pastime in the area. This would allow potential buyers to be more fully informed concerning their rights and responsibilities. In closing I would like to thank you and Mr. Orr for your careful consideration of the Division's concerns. Please feel free to call if we can be of further service. Best Regards, Larry Rd enc. cc Rick Moss, Habitat Biologist, DOW 930840 l I ] 34 SOIL SURVEY or drilled into a firm, clean sorghum stubble. Seeding tivating only in the tree row and by leaving a sti early in spring has proven most successful. Brush vegetation between the rows. Supplemental irril management can also help to improve deteriorated range. may be needed at the time of planting and durin; Windbreaks and environmental plantings are fairly well periods. Trees that are best suited and have good sw suited to this soil. Blowing sand and low available water are Rocky Mountain juniper, eastern redcedar, pond { capacity are the principal hazards in establishing trees pine, Siberian elm, Russian-olive, and hackberrc. and shrubs. This soil is so loose that trees should be shrubs best suited are skunkbush sumac, lilac, and S planted in shallow furrows, and vegetation is needed an peashrub. between the rows. Supplemental irrigation may be needed Wildlife is an important secondary use of thi to insure survival. Trees that are best suited and have Ring-necked pheasant, mourning dove, and many good survival are Rocky Mountain juniper, eastern game species can be attracted by establishing ares redcedar, ponderosa pine, and Siberian elm. The shrubs nesting and escape cover. For pheasants, undisr best suited are skunkbush sumac, lilac, and Siberian nesting cover is essential and should be included in peashrub. for habitat development, especially in areas of inc Wildlife is an important secondary use of this soil. The agriculture. cropland areas provide favorable habitat for ring-necked Rapid expansion of Greeley and the surrounding pheasant and mourning dove. Many nongame species can has resulted in urbanization of much of this Oten be attracted by establishing areas for nesting and escape This soil has excellent potential for urban and r' cover. For pheasants, undisturbed nesting cover is essen- tional development. The only limiting i, tial and should be included in plans for habitat develop- moderately, rapid permeability in,the substratum. ment, especially in areas of intensive agriculture. Range- causes_a hazard of ground water contamination land wildlife, for example, the pronghorn antelope, can be sewage lagoons. Lawns, shrubs, and trees grow attracted by developing livestock watering facilities, Capability subclass Its irrigated. managing livestock grazing, and reseeding where needed. 51—Otero sandy loam, 1 to 3 percent slopes. Th. Few areas of this soil are in major growth and ur- deep, well drained soil on plains at elevations of 1: banized centers. The chief limiting feature is the rapid 5,250 feet. It formed in mixed outwash and permeability in the substratum, which causes a hazard of deposits. Included in mapping are small areas of soil ground water contamination from seepage. Potential for have loam and clay loam underlying material. recreation is poor because of the sandy surface layer. Typically the surface layer is brown sandy loam Capability subclass IVe irrigated, VIe nonirrigated; Deep 12 inches thick. The underlying material to a depth Sand range site. inches is pale brown calcareous fine sandy loam. 50—Otero sandy loam, 0 to 1 percent slopes. This is a Permeability is rapid. Available water capaci deep, well drained soil on smooth plains at elevations of moderate. The effective rooting depth is 60 inch 4,700 to 5,250 feet. It formed in mixed outwash and eolian more. Surface runoff is slow, and the erosion haz: deposits. Included in mapping are small areas of soils that low. have loam and clay loam underlying material. This soil is used almost entirely for irrigated crr. Typically the surface layer is brown sandy loam about is suited to all crops commonly grown in the area. 12 inches thick. The underlying material to a depth of 60 leveling, ditch lining, and installing pipelines ms inches is pale brown calcareous fine sandy loam. needed for proper water application. Permeability is rapid. Available water capacity is All methods of irrigation are suitable, but furrc moderate. The effective rooting depth is 60 inches or rigation is the most common. Barnyard manure and more. Surface runoff is slow, and the erosion hazard is mercial fertilizer are needed for top yields. low. In nonirrigated areas this soil is suited to winter This soil is used almost entirely for irrigated crops. It barley, and sorghum. Most of the acreage is plant is suited to all crops commonly grown in the area, includ- winter wheat. The predicted average yield is 28 bi ing corn, sugar beets, beans, alfalfa, small grain, potatoes, per acre. The soil is summer fallowed in alternate and onions. An example of a suitable cropping system is 3 to allow moisture accumulation. Generally precipitai to 4 years of alfalfa followed by corn, corn for silage, too low for beneficial use of fertilizer. sugar beets, small grain, or beans. Generally, such charac- Stubble mulch farming, striperopping, and minims: teristics as a high clay content or a rapidly permeable lage are needed to control water erosion. Terracin substratum slightly restrict some crops. may be needed to control water erosion. All methods of irrigation are suitable, but furrow ir- The potential native vegetation on this range rigation is the most common. Proper irrigation water dominated by sand bluestem, sand reedgrass, anc management is essential. Barnyard manure and commer- grama. Needleandthread, switchgrass, sideoats g cial fertilizer are needed for top yields. and western wheatgrass are also prominent. Pot Windbreaks and environmental plantings are generally production ranges from 2,200 pounds per acre in f: suited to this soil. Soil blowing, the principal hazard in ble years to 1,800 pounds in unfavorable years. As establishing trees and shrubs, can be controlled by cul- condition deteriorates, the sand bluestem, sand reed 930840 WELD COUNTY, COLORADO, SOUTHERN PART 35 and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Contour and sand sage increase. Annual weeds and grasses invade ditches and corrugations can be used in irrigating close the site as range condition becomes poorer. grown crops and pasture. Furrows, contour furrows, and Management of vegetation on this soil should be based cross slope furrows are suitable for row crops. Sprinkler on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a minimum tion. Seeding is desirable if the range is in poor condition. and utilizing crop residue help to control erosion. Main- Sand bluestem, sand reedgrass, switchgrass, sideoats taining fertility is important. Crops respond to applica- grama, blue grama, pubescent wheatgrass, and crested tions of phosphorus and nitrogen. wheatgrass are suitable for seeding. The grass selected The potential native vegetation on this site is should meet the seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and blue be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats grama, into a firm prepared seedbed. Seeding early in spring has and western wheatgrass are also prominent. Potential proven most successful. production ranges from 2,200 pounds per acre in favora- Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As range suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgrass, establishing trees and shrubs, can be controlled by cul- and switchgrass decrease, and blue grama, sand dropseed, tivating only in the tree row and by leaving a strip of and sand sage increase. Annual weeds and grasses invade vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer. may be needed at the time of planting and during dry Management of vegetation on this soil should be based periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual produc- are Rocky Mountain juniper, eastern redcedar, ponderosa tion. Seeding is desirable if the range is in poor condition. pine, Siberian elm, Russian-olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, sideoats shrubs best suited are skunkbush sumac, lilac, and Siberi- grama, blue grama, pubescent wheatgrass, and crested an peashrub. wheatgrass are suitable for seeding. The grass selected Wildlife is an important secondary use of this soil. should meet the seasonal requirements of livestock. It can Ring-necked pheasant, mourning dove, and many non- be seeded into a clean, firm sorghum stubble, or it can be game species can be attracted by establishing areas for drilled into a firm prepared seedbed. Seeding early in nesting and escape cover. For pheasants, undisturbed spring has proven most successful. nesting cover is essential and should be included in plans Windbreaks and environmental plantings are generally for habitat development, especially in areas of intensive suited to this soil. Soil blowing, the principal hazard in agriculture. establishing trees and shrubs, can be controlled by cul- Rapid expansion of Greeley and the surrounding area tivating only in the tree row and by leaving a strip of has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigation This soil has excellent potential for urban and recrea- may be needed at the time of planting and during dry tional development.(The only limiting feature..is the periods. Trees that are best suited and have good survival moderately rapid permeability_in the substratum, which are Rocky Mountain juniper, eastern redcedar, ponderosa causes a hazard of ground}water--contamination from pine, Siberian elm, Russian-olive, and hackberry. The -sewage lagoons. Lawfis, shrubs, and trees growwell. shrubs best suited are skunkbush sumac, lilac, and Siberi- Capability subclass IIIe irrigated, IVe nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this soil. 52—Otero sandy loam, 3 to 5 percent slopes. This is a Ring-necked pheasant, mourning dove, and many non- deep, well drained soil on plains at elevations of 4,700 to game species can be attracted by establishing areas for 5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturbed deposits. Included in mapping are small areas of soils that nesting cover is essential and should be included in plans have loam and clay loam underlying material. Also in- for habitat development, especially in areas of intensive eluded are small areas of soils that have sandstone and agricultu re. d ex shale within a depth of 60 inches. expansion of Greeley and the surrounding area Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero soil. sandy loam about 10 inches thick. The underlying material The soil has excellent potential for urban and recreational to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderately sandy loam. rapid_ permeability in—the substratum, which causes a Permeability is rapid. Available water capacity is hazard of ground water contamination from sewage moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capability more. Surface runoff is medium, and the erosion hazard is subclass IIIe irrigated, VIe nonirrigated; Sandy Plains low. range site. This soil is used almost entirely for irrigated crops. It 53—Otero sandy loam, 5 to 9 percent slopes. This is a is suited to the crops commonly grown in the area. deep, well drained soil on plains at elevations of 4,700 to Perennial grasses and alfalfa or close growing crops 5,250 feet. It formed in mixed outwash and eolian 930840 4 • e REFER TO STATE OF COLORADO (551,0 kip Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE ^o AN EQUAL OPPORTUNITY EMPLOYER ��J4".• �yq - 6060 Denver, Perry D. Olson, Director ON OF&/ T Broadway Colorado 80216 Telephone: (303) 297-1192 3/19/93 For Wildlife— Larry Rogstad, District Wildlife Manager For People Lanell Adler. Current Planner Weld Department of Planning Services 1400 17th avenue Greeley, Colorado 80631 Re: S-332 Ed Orr/Orr Subdivision Dear Lanell: I have reviewed the application submitted by your agency for review, and have made a site inspection of the parcel in question. In this letter you will find the Division's comments on Mr. Orr's proposal. The property is situated on the north bank of the Cache La udre River.In faRiver. In rt, the River marks the south property boundary. Most of the parcel Y cultivation as an irrigated alfalfa field. That portion of the property found in the 100 year flood zone is low elevation riparian wildlife river boThe hemhigh water table in this area has favored plant o s south end of the alfalfa field types found along eastern Colorado. In all liklihood, part would also be in the riparian zone. Disturbance of this area due ftoomccultivati makes it difficult to determine the riparian boundary without performing pro- files, a process that I have limited knowledge of. As you know, low elevation riparian is the most important wildlife habitat ays a ta found in our state, in terms of species water andshlabundance.e It t playsta of r res- il dent in providing necessary food, and migratory wildlife. Plays a crucial role as a movement corridor for wildlife. Dense vegetation along streams helps filter run-off which results in improved water quality. Vegetation and stream meander also helps slow flood waters reducing damage. River bottoms also have a high recreational value. Weld County has recognized the importance of the riparian zone in its Comprehensive Plan. I have seen the following species on this site on various occasi� nCana��se, ducks (miscellaneous species) , Fox Squirrel, Downy Woodpecker, Horned Lark, Western Meadowlark, Black-capped Chickadee, miscellaneous songbirds, Ring-necked Pheasant, Great Horned Owl, hawks (species unidentified) , and muskrat. I have seen sign of use by deer, There is abundant sign of use by beaver, and a variety of small burrowing mammals• The Division is deeply concerned about development in thehrn�ge iann lzzon use tdit s also important to consider the secondary impacts jacent to the riparian zone may have on that fragile system. In terms of this proposal, the Division would recommend: DEPARTMENT OF NATURAL RESOURCES. Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg. Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary ut140er Felix Chavez, Member • Rebecca L Frank Member • Louis F. Swift, Member • George VanDenBerg, Member • Larry 1 . Improvements or structures on this property be limited to sites north of the flood area limit. 2. An alternative to septic systems should be found for sewage disposal. The entire parcel is situated on Otero Sandy Loam soil type. The Soil Survey of Weld County, Colorado Southern Part states that this soil type has moderately rapid permeability, which may cause ground water contamination from sewage systems. If percolation tests are performed to prove suitability for septic systems it should be done during a period of high water in the Cache La Poudre. 3. Roads and driveways on the subdivision should be paved to decrease the pot- ential for sedimentation into the river. Run-off from the development should be directed into a sedimentation pond before it enters the river. 4. Use by livestock on the parcel should be restricted to that portion outside of the flood area limit. Livestock in a subdivision is a recreational use, not an agricultural use. Nevertheless, a subdivision should halethe same obligation to limit erosion through grazing control as an ag. interest, especially when the impact will directly impact the riparian system. Realistically, these lots are too small to pasture horses, lamas or other livestock without incurring severe loss of cover vegetation and consequent erosion. Therefore, it would be appropriate to restrict any long term use by livestock throughout the subdivision. 5. Any fencing in the riparian should be designed to allow free movement of wildlife. 6. Development in the river bottom corridor may result in conflict between wild- life and the interests of the subdivision residents. It should be pointed out that the residents have chosen to move into prime wildlife habitat. Along with the pleas- ures of rural life one can anticipate a few problems. Skunks and raccoons are attracted to rural home sites. Beaver are common in the area. Hawks and owls hunt in the river bottom. It will be the responsibility of the subdivision residents to take care of nuisance wildlife issues within laws established by local, state and federal agencies. 7. Hunting is a valuable economic and recreational benefit in this area. I have checked hunters on this parcel and adjacent lands on many occasions. Residents of this subdivision should not expect that hunting in the area will cease because it is inconvenient to their interests or philosophically aberrant to them. The Divi- sion will enforce the statutes and regulations of the state concerning hunting. We will not support hunting restrictions imposed by city or county governments. We would ask for a clause in the subdivision covenants alerting prospective buyers that the immediate area surrounding the subdivision is open for hunting. 8. No attempt be made to alter the river or slough without securing the appropriate state or federal permits. 9. Trees in the riparian zone should not be taken down unless they are a safety hazard. 10. Plantings along the riparian zone should avoid the use of Russian Olive trees, or Siberian Elms. These trees tend to take over wet sites. As always, if you have any questions you may contact me at your convenience. Sincerely, Larry Rogstad cc Rick Moss, Senior Habitat Biologist D.O.W. file 930840 4401(/ mEmoRAnDum Gloria Dunn, Planning July 1993 To e COLORADO John Pickle, Health---"- nom S-339, Ed Orr Subject: Environmental Protection Services Division has again reviewed this application. In our correspondence of June 22, 1993, we indicated that septic systems could be allowed in this subdivision but would be installed in accordance with the Individual Sewage Disposal System Ordinance. To clarify and elaborate on this, each site would require a site assessment. The findings of this assessment would dictate further action. Certainly, the Division would recommend installation of any septic system outside of any flood plain. Any such system to be installed in a flood plain would require an engineer design, which may, or may not, be approved. A decision as to approval/disapproval would lean heavily on availability of adequate area for the system outside of the flood plain. IVE JUL 1 2 1993 r" •• " _V Planning 930840 .3/4\H\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 8, 1993 CASE NUMBER: S-339 TO WHOM IT MAY CONCERN: Enclosed is an application from Ed Orr for a Minor Subdivision Final Plat. The parcel of land is described as Lot A of RE-114 in part of the NE4 of Section 32, T6N, 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 north of Greeley, south of Weld County Road 64 and Weld County Road 29. 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 June 22, 1993, 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.•3ignedt } c '�.,a�l� Agency: (A.. t A l eLIN �itc. Pec't. . Date: 4 - ttt-Qs D JUN 2 21993 ;,"!rJtt"Ct: tj Plenninn 930840 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th..Street-Road Greeley,Colorado '80634 <(303) 356-6506 • r June 17, 1993 G_ Weld County Department of planning services . Weld County Administrative Offices • 1400 North 17th Avenue Greeley, Colorado , 80631 RE: Case Numbers: Z-478, Z-479, Dear Sir or Madam; 4 At their meeting on June 14, 1993, the West Greeley SCD. Board of Supervisors reviewed the referrals listed above. ,The major concern of the board in all three of these cases , is the potential for erosion and noxious weed problems. Maintenance of a healthy vegetative cover is the easiest way to avoid both problems. One possible' method.;:of avoiding:.theseproblems would be to require livestock confinement to. a 'Small:.corralrarea, and also. require a_grass cover at least 6" in height be maintained •on pastures at all times. t• ', tc„4, Thank you for the opportunity to express our concerns • S1C i A .At• Sincerely, Dwayne K. Newman r Resource Conservationist cc: SCD file e ';',JUN 2 1993 ., •PlatUURo C 930840 T •.P a� DEPARTMENT OF THE ARMY ,c�-°"',,,,,, 44.0-4 �,Ey3k CORPS OF ENGINEERS,OMAHA DISTRICT �� ': TRI-LAKES PROJECT OFFICE.9307 STATE HWY 1 21 M\ M. LITTLETON,COLORADO 80123-6901 3 - REPLY TO March 18, 1993 ;a+rts a�^�� ATTENTION OF r'"MvT a ant" • Ms. Lanell J. Adler Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Adler Reference is made to Ed Orr/Orr Subdivision, Case No. S-332, located in Section 32, Township 6 North, Range 66 West, Weld County, Colorado. If a proposed activity requires work in the Cache La Poudre River or adjacent wetlands, this office should be contacted for proper Department of the Army permits. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199380160: Sincerely, Timot Carey Project ager rol JUN 2 2 1493 11 Wcld County Planning 33084o re,,c,, ,,p,....„ DEPARTMENT OF PLANNING SERVICES m PHONE(303) 353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES C• 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 8, 1993 CASE NUMBER: S-339 TO WHOM IT MAY CONCERN: Enclosed is an application from Ed Orr for a Minor Subdivision Final Plat. The parcel of land is described as Lot A of RE-114 in part of the NE4 of Section 32, T6N, 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 north of Greeley, south of Weld County Road 64 and Weld County Road 29. 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 June 22, 1993, 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 submied to you prior to: tt 5. leaps r fer tt the enclosed letter. Signed: l- rte-✓' Agency: Date: C%1 Ifi, UN 14 1493 IF 930840 nli mnkr 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 S-339 for Ed Orr in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 8th day of June, 1993. esiadad no-kayo Ln -4 -a3 930840 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/INTEREST OWNERS Ed Orr S-339 Ed and Suzie Orr c/o Orr Land Company 801 8th Street Greeley, CO 80631 Dale and Karen McKelvey 13804 Weld County Road 64 Greeley, CO 80631 Earl and Suzanne Erbes 712 2nd Street, Apt B4 Windsor, CO 80550 Peggy and J. Lawrence Ackerd 179 Monroe Street Denver, CO 80209 Chris and Amy Elder 13644 County Road 64 Greeley, CO 80631 Clyde and Kathleen Feuerstein Trustees 13771 Weld County Road 64 Greeley, CO 80631 930840 DEPARTMENT OF PLANNING SERVICES PHONE(303)3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 20, 1993 at 1:30 p.m. for the purpose of considering a Minor Subdivision Final Plat for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Ed Orr LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Minor Subdivision Final Plat. LOCATION: Approximately 1/2 mile north of the City of Greeley; south of Weld County Road 64 and west of Weld County Road 29. SIZE: 11.83 acres, more or less. The public hearing will be held in Room 350, Third 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 July 20, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by June 10, 1993. Received by: Date: 930840 „cat ;wt , DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 Wimp WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO CORRECTED NOTICE DATE: June 9, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-339 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 20, 1993, at 1:30 p.m. , in Room 350, Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Ed Orr FOR: A Minor Subdivision Final Plat. LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of the City of Greeley; south of Weld County Road 64 and west of Weld County Road 29. 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. 930840 ct DEPARTMENT OF PLANNING SERVICES liD PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO DATE: June 8, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-339 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 20, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Ed Orr FOR: A Minor Subdivision Final Plat. LEGAL DESCRIPTION: Lot A of RE-114, in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of the City of Greeley; south of Weld County Road 64 and west of Weld County Road 29. 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. 930840 • t.t.....".\\ct, ,t DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540wfipo WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO June 8, 1993 Ed Orr Orr Land Company 801 8th Street, Suite 230 Greeley, CO 80631 Subject: S-339 - Request for approval of Minor Subdivision Final Plat on a parcel of land described as Lot A of RE-114 in part of the NE4 of Section 32, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Orr: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, July 20, 1993, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, July 8, 1993, at 10:00 a.m. This meeting will take place in Room 339, Centennial Center, 915 Tenth Street, Greeley, Colorado. 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 City of Greeley for its review and comments. Please call Hank Epstein at 350-9783 for further details regarding the City of Greeley review process. It is recommended that you or your representative be in attendance at each of the meetings described above in order to answer any questions that might arise about your application. 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 July 7, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than July 9, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930840 Ed Orr June 8, 1993 S-339 The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please call or visit our office. Sincerely, lo is Dunn rent Planner GD/sfr 930840 (n7 IOr I CA M /� N N N MEMORAnDUM 1114 Gloria Dunn, Planning July 9, 1993 To o zV E COLORADO John Pickle, Heal Or E C From S-339, Ed Orr JUL 1 6 199$ Subject: �xld r NI Plotting Plcnntng — Environmental Protection Services Division has again reviewed this pp ica ion. In our correspondence of June 22, 1993, we indicated that septic systems could be allowed in this subdivision but would be installed in accordance with the Individual Sewage Disposal System Ordinance. To clarify and elaborate on this, each site would require a site assessment. The findings of this assessment would dictate further action. Certainly, the Division would recommend installation of any septic system outside of any flood plain. Any such system to be installed in a flood plain would require an engineer design, which may, or may not, be approved. A decision as to approval/disapproval would lean heavily on availability of adequate area for the system outside of the flood plain. 930840 JULp0,5- w)-Rrr 1 9 1993 C] r_, July 19 , 1993 Weld County Planning Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Sirs: We are property owners residing at 13804 W.C. Rd. 64 , Greeley, Colorado, 80631, which adjoins to the north east of a proposed Minor Subdivision. This is an expression of our concerns for the Minor Subdivision (Case Number S-339) . Upon veiwing the Final Plat for this Subdivision, we have not seen any provisions for a larger water main to be installed to provide water service for the additional 4 homes. There is a fifth home nearing completion to the west of this subdivision that has not yet installed their water tap. We assume it will be connected to the same water main that services our home. The existing water main services three homes, and is only a 2 inch diameter pipe. We do have adequate water pressure now, but with the addition of 5 more homes on acreages with livestock, the 2 inch water main will become inadequate. It's our understanding that the developer is usually responsible for the costs incurred providing the water service to the subdivision. It appears now that the home that is nearing completion will automatically be connected to our 2 inch water main and the others will be soon to follow. As homes are gradually added our water pressure will diminish and at some time in the near future become inadequate to service a total of 8 homes. When the 2 inch water line is determined inadequate, the owners of the three existing homes should not be charged for replacment of the water main. I feel we need to have a clear understanding that the existing three home owners will not be assessed along with the new home owners to replace the 2 inch pipe with a much larger water main. It also appears there will be a gravel road near the west side of our home providing access to the four homes in the subdivision. With the members from the four residences traveling this road on a daily bases, dust will become a problem factor for our home. Plans should be in tact to maintain the clean environment the neighborhood now enjoys. 930840 We are not opposed to the Subdivision itself, but are concerned with the provisions for water taps not being adequate and no plans for controlling dust pollutants into our environment. We thank you for your consideration in this matter. Sincerely Yours, 19a7c/ Q _ , Dale McKelvey `O'y Karen Mc elvey 930840 13771 Weld County Road 611 Greeley, CO R0631 July 19, 1993 leld County Dept. o ' Planning Services 1100 N. 17th Avenue Greeley, Colorado 80631 TO WHOM IT MAY CONCERN: RE: Case No. S-3,39 Ed Orr In regard to the above captioned case involving a minor subdivision, we wish to offer the following comments and objections. In reviewing the planning services files, we noted that the streets into and in the proposed subdivision will not be paved. ge feel that this may create a dudt problem and suggest the developer be required to pave or blacktop the roads and streets. Of major concern to us is the source of domestic water supply. We own a home which is currently serviced by North Weld Water District, which is mentioned in the files as the water source for the proposed subdivision. There is presently a two-inch (2") water line on our property which serves three homes. As Mr. Orr proposes to add five homes to this water line, we believe the line is inadequate to service that many more homes and livestock. The current water pressure is adequately sufficient (but not abundantly so) and to service these additional five properties would definitely reduce the water pressure in comparison to present usage. If Mr. Orr and/or the North Weld Water District propose a larger water line, we feel that the current three water users of this line should be exempt from any costs incurred for a new and/or larger water line, and we should receive a written agreement to that effect, signed by the developer and the North Weld Water District. Also, as most of this water line is on our property, we are entitled to compensation for crop damage if a new water line is installed. Your review and consideration of our concerns and objections will be appreciated. Very truly yours ‘41/1 / tij15 y e . Feuerstein i �( 1 aliie' e,,j (./7, .z...4.x-1-_,-&-- Kathleen W. Fenerstein kwf cc' oECEI�TE 1. JUL 1 9 1993 11 Weld County Planning 930840 AFFIDAVIT OF PUBLICATION OF 'Haug STATE OF COLORADO ss The Weld County COUNTY OF WELD Planning Commission will hold p public hearing on Tuesday.July 20, 1999, I, KEITH HANSEN, of said County of Weld, being duly at 1:30 p.m. for the sworn, say that I am publisher of purpose of considering.a Minor Subdivision Final Plat for property WINDSOR BEACON described below. Approval of the request may create a vetted a weekly newspaper having a general circulation in said proerty taw. ttpursuant to County and State, published in the town of WINDSOR, notorado in said County and State; and that the notice, of which APPUCANT:Ed Orr the annexed is a true copy, has been published in said weekly for / _successive weeks, that the notice LEGAL DISCRIPTION: was published in the regular and entire issue of every Lot A of RE-114,M psrt of the NE4 of Seaton 32, number of the paper during the period and time of TSN, R66W of the 6th publication, and in the newspaper proper and not in a P.M., Weld County,Colorado. supplement, and that the first publication of said notice was in said paper bearing the date of the TYPE AND INTENSITY OF PROPOSED USE: (LOS day of )s_tat_ , A.D., 19 and Minor Subdivision Final Met. the last publication bearing the date of the LOCATION : day of , A.D., 19_ and Apprnorth of thlye 1/2City mile that the said WINDSOR BEACON has been published north of the. of Greeley;south of Weld continuously and uninterruptedly for the period of 5 Carry Road 64 and west consecutive weeks,in said County and State, prior to the of Weld County Road 29. date of first publication of said notice, and the same is a SIZE:11.89 saes, more newspaper within the meaning of an Act to regulate or tens printing of legal notices an advertisements, approved The public hearing will be May 18, 1931, and all prior cts r as in force. held in Room 350,Third Floor, Weld County Centennial Center,615.. Tenth Street,Greeley, Colorado.Comments or P LISHER objections related to the above request should be submitted in writing b the Subscri d and sworn to beforej�n11e this 291i day Weld County Depament of �..4..�- 19 Z3 of Planning Services, 1400 y, olth Avenue, �.Ylr • �� Greeley,Colorado 80631, U��%Y� before the above date or NOTARY PUBLIC presented at the public hewing on July 20,1963. My commission expires Z_ / 996 . Copies of the application are available for public inspection in the Department of Planning Services,1400 N.17th Avenue, Greeley, Colorado 80631-Pine- 353.3845, Extension JUDY YAMAGUCHI, Chairperson. Weld County Planning Commission 'e.tylkhed N the WWI B* Beane en Jiela.*tips. 930840 MINOR SUBDIVISION FINAL PLAT APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: 353-3845, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: p\co CASE NO. 5 33 q APPLICATION FEE O ZONING DISTRICT A RECEIPT NO. 7c5-41 DATE 6- g- 93 APPL. CHECKED BY G1r7 TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request the Department of Planning Services to review a minor subdivision final plat on the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Lot A of Recorded Exemption No. 28O5-32-1-RE 114 . (If additional space is required, attach an additional sheet) . NAME OF PROPOSED MINOR SUBDIVISION Orr Minor Subdivision EXISTING ZONING agricultural TOTAL AREA (ACRES) (11 . 83? NO. OF PROPOSED LOTS four LOT SIZE: AVERAGE (2 . 96 MINIMUM 2 . 52 UTILITIES: WATER: NAME North Weld Water District SEWER: NAME Septic GAS: NAME Propane ELECTRIC: NAME Public Service Company PHONE: NAME US West DISTRICTS: SCHOOL: NAME Windsor FIRE: NAME Eaton NAME OF APPLICANT Ed Orr PHONE ( 909 ) lcl -8777 ADDRESS801 8th Street , Suite 2Rn : Greeley. Colorado &96.31 NAME OF APPLICANT PHONE ADDRESS NAME OF APPLICANT PHONE 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 ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this c� day of Jlvoe , 19 . (SEAL) � \ n` I N CYY1 as_G Ga() „,r Notary ublic My Commission Expires Jcvnui..r -7 ) 99 7 Ranches+Mountain Property•FariY ED ORR 7 4 930840 ORR MINOR SUBDIVISION FINAL PLAT The Orr minor subdivision will be a four lot subdivision of rural residential home sites. This Minor subdivision does comply with the Weld County comprehensive plan and is located within the urban growth boundary area. Public water will be supplied by North Weld Water district which meets all the county's requirements and as they have indicated the district is capable of providing adequate water to the subdivision. The individual septic systems for each dwelling shall comply and be installed according to the Weld County Individual Sewage Disposal Regulations. There are no soil or topographical conditions which present hazards or require special precautions for the proposed uses of this area. The concerns identified during the sketch plan application process are potential problems which may be associated with the flood plain of the Cache La Poudre River. They are as follows: building residences and septic systems within the flood plain, livestock usage, and wildlife access within the flood plain region. It is the subdivider's intent to address the concerns by not allowing construction of homes within the 100 year flood plain. Individual septic systems for each dwelling shall be allowed but must comply with and be installed according to the Weld County Individual Sewage Disposal Regulations. If the septic system is installed in - the flood plain it must be an engineered design system. The removal of trees along the southern portion of the subdivision will not be allowed except for safety or tree health purposes. Please note the Cache La Poudre River is not the Southern boundary of the proposed subdivision as indicated on the preliminary sketch maps. The Southern boundary is only a small tributary of the river. Therefore the recommendation of the City of Greeley to reserve it for a bike path and easement for the Poudre River Trail does not apply. We do not feel the roads and driveways need to be paved or that livestock in the subdivision need to be restricted from the riparian zone. Any fencing in the riparian zone will allow for free movement of wildlife. There will be no attempt to alter the river tributary channel. The streets within the subdivision are adequate in function, class, width and capacity to meet the traffic requirements of the subdivision. The roadways within the subdivision will be a minimum of 18 feet in width with borrow ditches with a minimum of 8 feet width with 4 to 1 slopes and a minimum of 4 inch gravel surface on the roadway. This is further described in the typical design of the roadways on the enclosed plats. The North Weld Water District pipe line will be extended the length of the street to provide water service to each lot. The utility easement within the property shall be 15 feet as requested by Public Service Company. Offsite street and highway facilities provide access to the subdivision (paved WCR 64) which is adequate in function, class, 1 930840 width and capacity to meet the traffic requirements of the subdivision. The construction maintenance, snow removal and other matters affecting inter roads and right of ways for the subdivision will be the sole responsibility of the land owners in the subdivision. There will be no on street parking allowed in the subdivision. There is no additional access created to WCR 64. Ingress and egress to all lots will be to an internal road circulation system. There will be no common open space or park within the subdivision. The facilities providing drainage are adequate and are further addressed in the drainage study enclosed herein. Each lot within the minor subdivision will be at least 2 1/2 acre in size and will ngt_exceed 6 lots_ This minor subdivision will not cause any unreasonable burden to provide fire and police protection or other services. 2 9J0840 TRANSAMERICA TITLE INSURANCE COMPANY Orr Land Company 801 8th Street, Suite 230 Greeley, CO 80631 Ed Orr Order No. 8032505 May 27 , 1993 RE: To Be Determined/Orr, Ed In connection with the above matter, we are enclosing herewith the following: Title Insurance Commitment We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Kelly/Carol at 352-2283 cc: TA Greeley Escrow 930840 TRANdAMERICA TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8032505 1. Effective Date: April 29 , 1993 at 7:00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $TBD $TBD Proposed Insured: To Be Determined B. ALTA Loan Policy $ $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Ed Orr 4 . The land referred to in this commitment is described as follows: Lot A of Recorded Exemption No. 0805-32-1-RE 114, recorded February 14, 1975 in Book 732 as Reception No. 1654174, being a part of the NE1/4 of Section 32 , Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado TRANSAMERICA TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: May 27, 1993 WLC/wlc 930840 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8032505 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. A. Deed from Ed Orr to grantee or grantees to be determined. Page 2 930840 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8032505 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 3 930840 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8032505 SCHEDULE B - Continued EXCEPTIONS 7 . Any interest which may have been acquired by the public in the North 30 feet feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 8. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 4, 1883 in Book 34 at Page 168 . 9. Easement and right of way for wagon road as now located upon or across said NW1/4 of the NE1/4 , granted to Franklin J. Wicks by Helena L. VonTrotha by instrument recorded October 14, 1909 in Book 310 at Page 337, in which the specific location of the easement is not defined. 10. Easement and right of way for drain tile and terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Claud W. VonTrotha, Bodo L. VonTrotha and Samantha M. Wadlin, recorded March 18, 1920 in Book 587 at Page 338. 11. Building restriction as contained on map recorded February 14, 1975 in Book 732 as Reception No. 1654174, providing as follows: No structure of a permanent nature will be built within 50 feet of the center of County Road 64. This additional 20 feet is being reserved for future right of way. 12. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, the United State of America, or the cjeneral Public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of Cache La Poudre. Page 4 930840 TRAsSAMERICA TITLE INSURANCE COAPANY Commitment No. : 8032505 SCHEDULE 8 - Continued EXCEPTIONS 13 . Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cache La Poudre lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above River or indicating any alterations of the same as from time to time may have occurred. 14 . Easement and right of way to construct, reconstruct, operate, maintain and remove such telecommunications facilities from time to time, as granted to U S West Communciations, Inc. , a Colorado Corporation by Ed Orr, recorded July 16, 1992 in Book 1343 as Reception No. 02295652 , affecting the following described property: An easement being a strip of land 16 1/2 feet in width being South of, adjacent to and parallel with the Southerly right of way line of Weld County Road 64, said easement being 933 linear feet more or less and being wholly contained within the property described on Reception No. 02242879, and being within the N1/2 of Section 32, Township 6 North, Range 66 West of the 6th P.M. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 Page 5 930840 TRAESAMERICA TITLE INSURANCE COMPANY Commitment No. : 8032505 SCHEDULE B - Continued EXCEPTIONS in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (f) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . Page 6 930840 TRANSAMERICA TITLE INSURANCE COMPANY AUTHORIZATION TO WAIVE REQUIREMENT FOR TAX CERTIFICATE PRIOR TO POLICY ISSUANCE The undersigned hereby authorize(s) the company to issue its title insurance policy or policies as contemplated under commitment number 8032505 without ordering tax certificates pursuant to provisions of Senate Bill 91-14 (CRS 10-11-122) . Proposed Insured Proposed Insured Return to: Transamerica Title Insurance Company 1113 10th Avenue Greeley, CO 80631 • QQ 930840 • Transamerica Title Insurance Company Adams•Arapahoe•Denver Latimer County Douglas•Jefferson Counties 161 west Mountain a.eru• 1600 ct.renc•Street Berl Calms Colorad060571 Dame.Caatoo 60202 M31493-6464 (3831291.000 • • Pueblo County Boulder County 627 Norm Liam Street 1317 Sonrte Street N.soa Coorado 61007 Boat Comrade 6030} (303,143-0.51 1983)4434160 • • Roan-Jackson Gauntlet Paso County all Sam wear Street Surrooar 7 Souris Lincoln Stool ea t7 Col raeo SonnngpS Colorado ONO (30J1S79.16n (383163•.3731 Weld County 1113 Tenn Manus Grose,Colndo 60831 owl 162.2283 TRANSAM ERICA TITLE INSURANCE CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. 930840 BOARD OF DIRECTORS ERNEST TIGGES :� '` .t' NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON HIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS 7M • ' WM. McKAY rj I ,Vy LYLE NELSON, MGR. CHARLES ACHZIGER " �� • P.O. BOX 56 • PHONE 356-3020 March 10 , 1993 RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: Lot A of Recorded Exemption No . 0805-32-1-RE 114 NE1 of Section 32-6N-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 consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments': North Weld County Water District is able to provide water to 4 (four) water taps at the above mentioned location. . Sincerely, NORTH WELD COUNTY TER DISTRICT Ly e D. Nelson, Manager NDL/ds Orr Subdivision 930840 c__l;J�i )et/CA. b i (( suJ ICs- Q s cc— frn e n t Loot sttiVi ce — GL iI�1 -rke I R ts . t� -fir ett2S iY e - t-O-e La G/L 930940 O Public Service® Public Service Company of Colorado 810 9th Street P.O.Box 8 Greeley, CO 80632-0008 (303) 353-1144 May 11, 1993 Orr Land Co. 801 8th Street, Suite 230 Greeley, CO 80631 Reference: Subdivision south of WCR 64 Sec. 32, Tn. 6N, Rng. 66W Dear Mr. Orr: Public Service Company of Colo. is willing and capable of serving the subject property with electrical power as required. Gene Rempel, Supervisor of Engineering looked at your subdivision for easements and his opinion was you need perimeter easements (15' ) . If you have any further questions, please call. Sincerely, Robert E. Hart REH:jkb 930840 AWES' COMMUNICATIONS May 18, 1993 Greeley, Colorado Orr Land Company Attention: Mr. Ed Orr 8011 8, Suite 230 Greeley, Colorado 80631 Clear Sir, U WEST Communications will provide telephone facilities in the four site subdivision located on the south side of WCR 64 between roads 27 and 29 in accordance_. with our rates and tariffs on file with the Colorado Public Utilities Commission. If you have any. questions or need more information, please, call me on 350-2914. Sincerely, >144.1j4-1.14ty - Manager / 930840 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR ORR MINOR SUBDIVISION THIS DECLARATION is made this day of , 1993, by ED ORR ("the Declarant") . WITNESSETH: WHEREAS, the Declarant is the owner of that certain real property located in the County of Weld, State of Colorado, legally described as Lot A of Recorded Exemption No. 2805-32-1-RE 114 hereinafter referred to as "the Property. " WHEREAS, the Declarant desires to establish certain standards covering the Property by means of protective covenants to insure the lasting beauty, value, and enjoyment of the Property; to this end and for the benefit of the Property and the Owners thereof, the Declarant desires to subject the Property to the easements, covenants, conditions, restrictions, charges and liens hereinafter set forth. NOW, THEREFORE, the Declarant hereby publishes and declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the Property and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Property or any portion thereof, their heirs, personal representatives, successors, and assigns. SECTION 1: ASSOCIATION AND MEMBERSHIP 1. All owners of Lots in the subdivision shall become a member of an association of homeowners of this subdivision upon acquisition of a lot. Each owner shall have one (1) vote for each Lot owned. When more than one (1) person or entity holds a beneficial interest in a Lot as joint tenants, tenants in common, or otherwise, all such persons shall be Members of the Association, but shall be considered only as one (1) Owner for voting purposes. 2 . All homes, garages and out buildings must have the approval of 3/4 vote of the Association. 3 . No constructon, aleration, addition, modification or reconstruction of any building, structure or other improvement within the Property shall be comenced or maintained until the plans and specifications thereof shall have been approved by the Asociation. 1 9430810 4 . The Association's approval or disapproval as required in these covenants shall be in writing. SECTION 2: USE AND RESTRICTIONS 5. The residential area covenants shall apply to all of the lots in the Orr Minor Subdivision. 6. All lots are restricted to single family dwellings. 7 . No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence whether temporarily or permanently. 8. No single or double wide trailer shall be allowed on the subject lots. 9. All home residences must be in a minimum of 1, 600 sq. ft. of living space and have an attached or detached garage of not less than two vehicles. 10. All tri-levels, splits, 2 story bi-levels, daylight or walkout basement homes to have 2 ,000 sq. ft. overall excluding garages, patios and screened porches. 11. Time for construction: The construction shall begin within three (3) months of the Association's approval of said structure. The construction of a family dwelling together with other permissible buildings set forth in these Covenants, shall be fully completed within six (6) months after the date of commencement of their construction, unless the Association agrees to an extension which shall not exceed six (6) months. 12 . Out Buildings: Out buildings, such as barns and sheds for storage of lawn furniture, yard equipment, and permissible livestock, which are well constructed and of neat appearance and which size, design, and location have been approved by the Association may be constructed. 13. Animals: Animals shall be allowed subject to the existing Weld County Agricultural Zoning Regulation except swine will not be allowed except for 4-H or FFA projects only. No lot shall be over grazed and the grazing of animals shall not change the character of the lots. All animals shall be confined by a fence within the lot. All fencing shall allow/ for free movement of wildlife. 14. Nuisance: Nothing shall be done or permitted on any Lot which is or may become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be 2 930840 conducted on any Lot, except home occupations as defined and permitted by the zoning resolution of Weld County, Colorado, or other governmental entities having jurisdiction over the Property. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will create an eyesore. No substance, thing, or material which emits foul or obnoxious odors, except livestock, or causes any noise that might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding Lots shall be permitted on any Lot. 15. Garbage and Refuse Disposal: No lot or portion there of shall be used or maintained as a dumping ground for rubbish, garbage, trash, junk, or any other type of waste. All trash, garbage and other waste arising from residential use shall be kept in sanitary containers. The owner of each lot shall be obligated to keep the same free from weeds, fire and health hazards. Each Owner shall keep or cause to be kept all buildings, fences, and other structures located on his Lot in good repair. 16. Storage of Vehicles: No on street parking of vehicles shall be allowed on the cul-de-sac or public roadway on the property. Inoperative or unlicensed vehicles shall not be allowed to be stored or permitted to remain upon a lot. 17. Tree Removal: The existing trees located along the Southern portion of lots 3 and 4 shall not be removed for any purpose except safety purposes or tree health purposes. 18. Resubdivision: No Lot may be further subdivided. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. SECTION 3 : DITCH AND ROAD ASSESSMENTS AND MAINTENANCE 19. Transfer of Water Stock: Prior to the sale of all Lots within the Property, the Declarant shall transfer to the Association a total of an undivided 1/2 share of the Whitney Ditch Company. The water delivered to the Property as a result of ownership by the Association of the Water Stock shall be divided so that each lot shall receive 1/4 of the allocation of the associations water. 20. Ditch Assessments: The Association shall be responsible for the transmission ditches. In addition to the annual Common Assessments, the Association may levy, in any assessment year, a ditch assessment ("Ditch Assessment") applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, 3 930840 replacement and or maintenance of the Transmission Ditch serving the property from WCR 64 and transmitting waters to each lot including fixtures and personal property related thereto. 21. Ditch Maintenance Obligations: The Owners on which Lots irrigation distribution Ditches are located shall have the responsibility for maintenance, repair, renovation and manage the Distribution Ditch in a good, clean, attractive and sanitary condition, order and repair from the point at which the Association delivers irrigation water throughout the remainder of such Owner's Lot. 22. All Landowners within the Subdivision are responsible for one fourth of the Road Maintenance and Transmission Ditch Maintenance from Weld County Road number 64 within the Subdivision. 23 . Said Landowners agree to elect by 3/4 vote a Trustee, the Trustee shall have the power to assess and collect road maintenance and transmission ditch maintenance on a prorate basis which shall be binding upon said property owners within the Subdivision. The total cost of said road maintenance and transmission ditch maintenance shall be divided among the Landowners on an equal four way split. Said trustee must be one of the Landowners, and shall be elected for one year terms. The acceptance and the recording of a deed conveying fee simple title to a plot of land within the subdivision shall constitute consent by the grantee to abide by the provisions of this road maintenance and transmission ditch maintenance, which shall be perpetual unless specifically released by the Board of County Commissioners of Weld County or municipality should the subdivision be annexed at a future date. 24 . Non payment of such assessments within 30 days of billing shall result in the paying Member or Members being entitled to recover all costs and expenses incurred to collect the delinquent assessments plus interest at the rate of 18% per annum plus reasonable attorneys fees. No owner may exempt himself from liability to pay any assessment. SECTION 4: GENERAL PROVISIONS 25. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 10 years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 4 930840 26. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages. 27 . Invalidation of any of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Ed Orr STATE OF COLORADO ) SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 19_ by Ed Orr. Witness my hand and official seal. My commission expires: Notary Public 5 930840 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and hereinafter called "Applicant" . WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: WHEREAS, a final subdivision plat of said property, to be known as has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in 1 Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents , employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. 2 9a0840 The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5. 3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner' s property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 3 930840 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7 .1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final. Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. • 930840 7. 3 The applicant intends to develop in accordance with Exhibits "A" and "B" . 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" . The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I . member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 5 930840 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. The escrow agent will be a Federal or State licensed bank or financial institution. If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 6 930840 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordancewith one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney /\ //'— 4 \J APPLICANT: Y JV�� BY: b\,,2\h.(1)Z (title) Subscribes :+nd sworn to before me this co' day of June , 1993. My commisston expires: -7i 1'997 No'ttry Public 9301348 7 EXHIBIT "A" Name of Subdivision: Orr Minor Subdivision Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 _ _ in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) Estimated Improvements Unit Cost Construction Cost Street grading 2 ,027sy @ $2 . 08 $4, 216 . 00 Street base 2 , 027sy @ $3 . 35 6 , 790. 00 Street paving Curbs, gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements (culvert) 35Lf @$15. 00 525 .00 Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities (with homes ) On-site water supply and storage Water mains 775LF @$6 . 00 4, 650 . 00 Fire hydrants Survey & street monuments & boxes One lump sum 300 .00 Street lighting Street name signs 1 @$175 .00 175 . 00 Fencing requirements Landscaping 1/2 acre(a$750.00 375 . 00 Park improvements SUB-TOTAL 17 , 031 . 00 Engineering and Supervision Costs $1 , 000 .00 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $18 ,031 .00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed accordin: to t - construction schedule set out in Exhibit "B" . Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Date: 19 8 930840 EXHIBIT "B" Name of Subdivision: Orr Minor Subdivision Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated , 19_, Recorded on , 19_ in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply. ) Improvements Time for Completion Street grading 4 days Street base 5 days Street paving Curbs, gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements 1 day Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities _ On-site water supply and storage_ Water mains 1 days Fire hydrants Survey & street monuments & boxes 1 day Street lighting Street name signs 1 day Fencing requirements Landscaping 1 clay Park improvements SUB-TOTAL is Aayc The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that fa a e chedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Dater �k&ttt , 1a. 9 930840 STATE OF cot nRADO) CERTIFI 'TE OF TAXES DUE G* )} S.S. COUNTY Or WELD f, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. VENDOR NO. :I. i% I'".: EXCEPT 1:"}S , ;; Pa r I ,; , ,11 : IER This does not Include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. FRANCIS M. LOUSTALET •:' 1 1 ,%.i.l„ I : 'J URER OF WELD COU By DEPUTY DRAINAGE INVESTIGATION FOR ORR MINOR SUBDIVISION A PORTION OF THE NORTHEAST QUARTER SECTION 32,TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO Prepared for MR. ED ORR 801 8th Street Suite 230 Greeley,Colorado 80631 May 1993 Project No.HYD-108-93 Prepared By. MO1P3 Engineering Associates Civil and Environmental Engineering Consultants 930840 1600N h„ Engineering Associates May 31, 1993 Project No. HYD-108-93 Mr. Ed Orr 801 8th Street Suite 230 Greeley, Colorado 80631 Re: On Minor Subdivision, Weld County, Colorado Dear Mr. On, The enclosed report represents the results of a drainage investigation for the proposed ORR MINOR SUBDIVISION to be located on a portion of the Northeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. This investigation was based upon the proposed final subdivision plat; existing reports and plans for properties in the immediate vicinity; on-site observations; and available topographic information. The investigation was performed according to the criteria established in the Weld County Subdivision Regulations. Thank you for the opportunity to be of service to you. If you should have any questions, please feel free to contact this office. Respectfully Submitted, e,v,9 `K r . .,. aw d CS"c ., '� �" Dennis R. Messner, P.E. ➢ °. � \ MESSNER Engineering Associates . , � . 0 . 1' ""iign�r�aM.... DRM/mkm Enclosures Civil and Environmental Engineering Consultants 150 E. 29th Street, Suite 225 Loveland, Colorado 80538 Telephone: (303) 663-2221 930840 TABLE OF CONTENTS Letter of Transmittal i Table of Contents Scope 1 Site Description 1 Existing Conditions 1 Proposed Development 2 Conclusions and Recommendations 3 EXHIBITS Vicinity Map Existing Conditions Exhibit Proposed Conditions Exhibit Calculations ii 930840 SCOPE The following report represents the results of a drainage investigation for a proposed single family residential development to be located on a parcel of land located on a portion of the Northeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The investigation was performed for the project's Owner/Developer, Mr. Ed Orr. The purpose of this investigation is to determine the effects of the proposed development on the area's existing drainage conditions and to determine the improvements, if any, and the appropriate sizing for the proposed improvements so that it may be incorporated with the final design and construction of the project. The conclusions and recommendations presented in this report are based upon the proposed Final Plat for ORR MINOR SUBDIVISION; plans and reports for existing developments and facilities in the immediate vicinity; on-site observations; and the available topographic information. This analysis was performed according to the Weld County Subdivision Regulations. SITE DESCRIPTION The proposed subdivision is located approximately one mile North and one-half mile West of the City Limits of the City of Greeley. The site is roughly rectangular in shape and contains approximately 11.8 acres. The east-west dimension is approximately 400 feet and the north-south dimension is approximately 1,430 feet. The site abuts the southerly right-of-way of County Road 64 at a distance of approximately 1,200 West of County Road 29. The site is a tract of a previous exemption. EXISTING CONDITIONS The site has been used for irrigated farming. The surrounding area is also irrigated farmland. The site generally slopes from North to South. A small ridge traverses the site from North to South. This ridge prevents offsite run-off from flowing onto the site The elevation of the site ranges from approximately 4725 at County Road 64 on the northern boundary to approximately 4700 at the Cache La Poudre River on the southern boundary. The slope of the site varies from 1% to 4%. The property to the West is an irrigated alfalfa field. The field generally slopes from North to South. Run-off from the field flows to the South and West away from the site. The property to the East consists of a residence and a field containing irrigated row-crop. Both properties generally slope from North to South. Run-off flows to the South and East away from the site. The property to the North consists of a farm residence and fields containing irrigated row-crop. This area generally slopes from North to South. Run-off from the North is intercepted in the road side ditch at the North side of County Road 64. The run-off intercepted in the ditch is directed to the West and East away from the site. The area to the South of the site is the river bottom lands of the Cache La Poudre River. Two prior studies have identified the 100 Year Flood Plain on the site. These are: 1. National Flood Insurance Program, Flood Insurance Rate Map (FIRM) No. 0802-66-0608, dated 9/27/91. 2. "Flood Line" established on previous Plat in Book 732, Recep. No. 1654174. 1 930840 PROPOSED DEVELC !LENT The proposed development is to consist of 4 single-family residential lots. The average lot size is to be 2.95± acres. Access to the lots is to be provided by way of a private cul de sac. The proposed development is to retain the existing drainage pattern to the greatest degree possible. The "street" is to be constructed with minimal grade change from the current conditions. The site is not to be regraded and the lots are anticipated to retain the current drainage patterns. The minor drainage area that exists on the East side of the access drive at County Road 64 is to be eliminated. The area is to be filled and graded to direct what run-off is generated in this area to flow to the South. This will eliminate the need for a culvert at this intersection. The private access drive is to be grade to direct the run-off from the site to the South. The flow intercepted in the roadside ditches at each side of the roadway is to be directed to an open swale. The swale is to be situated on the lot line common to Lots 3 and 4. Culverts will only be needed at the driveways to the individual lots. Onsite detention of stormwater is not recommended due to the site's proximity to the Cache La Poudre River. As previously stated, the site is located within a designated Flood-Plain. The Flood Way designation will only be found on proposed Lots 3 and 4. Therefore, a minimum elevation has been established below which no habitable structures should be constructed. The elevation is 4710. EROSION CONTROL The County's regulations and criteria do not specifically address procedures and methods to provide erosion control measures. The roadway and drainage improvements have been designed to minimize erosive impacts. Slopes of roadside ditches have been reduced where possible to maintain flow velocities that are non-erosive. The roadside ditches back slope has been reduced to a maximum slope of five to one to provide a safe maintainable slope. All areas disturbed by construction are to be re-seeded with a drought tolerant low maintenance variety of grasses. Erosion control measures such as, silt fences, sediment traps, etc., are to be used during construction and are to remain in place until the permanent vegetation is established. The subdivision is to retain the irrigation water rights. This will be the means to provide supplemental irrigation that will be needed to aid in establishing the grasses, shrubs and trees. It is recommended that the use of native trees, shrubs and grasses be incorporated in the design and installation of landscaping for the proposed residences. This will help to assure that the plant materials will establish and thrive in this environment. We would also recommend that covenants be established to limit the number of hoofed animals to eliminate over grazing. 2 930840 CONCLUSIONS AN' :ECOMMENDATIONS 1. The proposed development will retain the existing drainage patterns. 2. The site is located within a designated floodway or flood plain. No habitable structure is to be established below the Elevation of 4710. 3. All roadway and drainage development is to be performed according to Weld County's Standards and Specifications. 4. Onsite detention of run-off water is not recommended due to the site's proximity to the Cache La Poudre River. 5. Temporary erosion control measures are recommended to be incorporated with the construction activities. The subdivision has been designed to minimize erosive activities and to provide permanent control measures. Plant materials to be used to provide permanent control measures are to be native plants and grasses that are drought tolerant and require little maintenance. 3 930840 VICINTY MAP Nog" well c— / v Wel . . . Y4 coc°RA°°II Farm ' • 0 , 1 C O R 6 rs .�. ,B R1%O •an0 i 4700 '-=' --;/- ;,-,&- 4694 SOVTH o E S P r � • P00 '; iii ',',I c . N :e—•• � i q 1132 / a e�rS �j W j'A•1 ', s .:G�r . . � 4692 .;514 �_ a7i1 .„••#` �r-fir'. '11 J 4bi r+—�r •r it 5• '‘N • ..., _t. �� 1/ u•tf2 0 I I v�yo \ . 1 S 0 1� _ 4 \: .: / � ® ( / a - Sebsta � � \4js0 LCirl IOM �I\ 4 Z! 0 48 3 i,® ( 41, pall VICINTY MAP for "ORR MINOR SUBDIVISION' located in the Northeast Quarter of Section 32,Township 6 North, Range 66 West of the 6th P.M.,Weld County,Colorado 930840 o N. 9.13,v _o :n x O o • O 0 9 O C o o a om A o •6Q1 W o)F. • .41 O 0 As O3 I 0 G0 n J U ICO 4.70,1- • 40 _ �O oa v_ N GA N °o A V • D xx i i— O,3 �� I m No .1s. ..Z.:-."......----.......\ CI O A Y / ` f Y J// m If • l- \ 1 o ...1, t ,\. ,..___.__ L _______________,. ... ... ..., O . i ,--------T ---------------_n) m x N 0 j EXISTING _ _ - N CONDITIONS L_____ EXHIBIT WELD COUNTY ROAD NO. 64. DRAIN. i INVESTIGATION - "RATIONAL I CHOD" Client: Ed On Calculated By: CUR Project: On Minor Subdivision Checked By: DRM Location: NE 1/4,32-6-66,Weld County Date: 28-May-93 Total Site Area= 11.83 Acres± = 515,315 sq. ft. ± Existing Conditions: Determine Average Rational Method "C" Values Description Area "C" - 2 Yr. "C" - 10 Yr. "C" - 100 Yr. (sq.ft.) Paved Parking, Drives, etc. 0 0.87 0.88 0.89 Roof 0 0.80 0.90 0.90 Open/Landscaped 11.83 0.01 0.05 0.20 Avg. "C" - 2 Yr. = 0.01 Avg. "C" - 10 Yr. = 0.05 Avg. "C" - 100 Yr. = 0.20 Determine Time of Concentration Consider Existing Alfalfa Field Slope from N.W. to S.E. @ Boundary of Site: Time as an average of" Short grass Pasture" & "Fallow or Min. Tillage" (From FIGURE 3-2) Velocity = 0.6 ft./sec. O Slope = 1.1%± Length, L= 1100 Tg= L/Vel. = 1100/(0.6x60)= 30.56 Minutes Therefore,Tc =To +Tg=0 +30.59= 30.56 Minutes Thererfore,USE,Tc= 30 Minutes I10= 2.59 in./hr. I100= 4.06 in./hr. Q = CIA Q10 = 0.05 x 2.59 x 11.83= 1.53 c.f.s Q100 = 0.20 x 4.06 x 11.83= 9.61 c.f.s Note: Under the existing conditions the site discharges directly to the Cache La Poudre River. Page 1 of 2 930840 DRAIN!"-E INVESTIGATION - "RATIONAL D''?THOD" Client: Ed On Calculated By: JJR Project: Orr Minor Subdivision Checked By: DRM Location: NE 1/4, 32-6-66,Weld County Date: 28-May-93 Proposed Conditions: Determine Average Rational Method "C" Values Total Site Area= 11.83 Acres± Description Area "C" - 2 Yr. "C" - 10 Yr. "C" - 100 Yr. (sq.ft.) Gravel, Drives, etc. 0.5 0.87 0.88 0.89 Roof 0.5 0.80 0.90 0.90 Open/Landscaped 10.83 0.01 0.05 0.20 Avg. "C" - 2 Yr. = 0.08 Avg. "C" - 10 Yr. = 0.12 Avg. "C" - 100 Yr. = 0.26 Determine Time of Concentration Time Overland as "Short Grass Pasture" Slope,S= 1.1% Length, L= 250 ft. From FIGURE 3-2, Vel. = 0.6 ft./sec. To = L/(Vel. x 60)= 6.94 min. Time in Channel as "Grassed Waterway" Slope,S= 1.1% Length,L= 610 ft. From FIGURE 3-2, Vel. = 1.50 ft./sec. Tch = L/(Vel. x 60) = 6.78 min. Thererfore, Tc = To + Tch = 13.72 min. Thererfore,USE,Tc= 15 Minutes I10= 3.74 in./hr. I100= 5.86 in./hr. Area Concentrating at Beginning of Grassed swale = 3.75 acres± Q = CIA Q10 = 0.12 x 3.74 x 3.75 = 1.70 c.f.s. Q100 = 0.26 x 5.86 x 3.75 = 5.69 c.f.s. Page 2 of 2 930849 DRAINAGE CRITERIA MANU RUNOFF TABLE 3-1 (42) RECOMMENDED•RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS LAND USE OR PERCENT FREQUENCY SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100 Business: Commercial Areas 95 .87 .87 .88 .89 Neighborhood Areas 70 .60 .65 .70 .80 Residential : Single-Family * .40 .45 .50 .60 Multi-Unit (detached) 50 .45 .50 .60 .70 Multi-Unit (attached) 70 .60 .65 .70 .80 1/2 Acre Lot or Larger * .30 .35 .40 .60 Apartments 70 .65 .70 .70 .80 Industrial : Light Areas 80 .71 .72 .76 .82 Heavy Acres 90 .80 .80 .85 .90 Parks, Cemetaries: 7 . 10 . 18 .25 .45 Playgrounds: 13 . 15 .20 .30 .50 Schools: 50 .45 .50 .60 .70 Railroad Yard Areas 20 .20 .25 .35 .45 Undeveloped Areas: Historic Flow Analysis- 2 (See "Lawns") Greenbelts, Agricultural Offsite Flow Analysis 45 .43 .47 .55 .65 (when land use not defined) Streets: Paved 100 .87 .88 .90 .93 Gravel (Packed) 40 .40 .45 .50 .60 Drive and Walks: 96 .87 .87 .88 .89 Roofs: 90 .80 .85 .90 .90 Lawns, Sandy Soil 0 .00 .01 .05 .20 Lawns, Clayey Soil 0 .05 .15 .25 .50 NOTE: These Rational Formula coefficients may not be valid for large basins. l *See Figure 2-1 for percent impervious. 11-1-90 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT 9;0840 DRAINAGE CRITE' 1 MANUAL RUNOFF / 50 30 I-z 20 0 II Il11!� W r 2 •gri a *Wry ' 3 o Imo. a 10 ee �� r Z 0. " . ro / r y A�■• " Vy V I OJ , e r'.� a. r " e v 0 5 OQ°J ti' y e ee a 3y v iu to 3 re' `ra. J4 St (4.��:I �¢yeo�4,.,1,1 V2. .1/4.3` o e yrDe ,r ey r WW'5 v e4i 41 4oe 4. 1 , 4'eo .5 .1 .2 .3 .5 1 2 3 5 10 20 VELOCITY IN FEET PER SECOND FIGURE 3-2. ESTIMATE OF AVERAGE FLOW VELOCITY FOR USE WITH THE RATIONAL FORMULA. * MOST FREQUENTLY OCCURRING "UNDEVELOPED" LAND SURFACES IN THE DENVER REGION. REFERENCE: "Urban Hydrology For Small Watersheds" Technical Release No. 55, USDA, SCS Jan. 1975. 5-1-84 URBAN DRAINAGE & FLOOD CONTROL DISTRICT 930 840 RAINFALL REPORT RAINFALL TYPE : WESTERN RAINFALL RAINFALL FILENAME : PRECIPITATION 2yr/6hr : 1.25 in 2yr/24hr : 1.60 in 100yr/6hr = 3.10 in 100yr/24hr = 4.00 in Elevation : 4720.00 ft INTERMEDIATE INTENSITIES (in/hr) 5 ■in 15 min 30 ■in 60 min 6 hr 24 hr 2 yr 3.17 2.07 1.44 0.91 0.25 0.08 5 yr 4.59 3.01 2.09 1.32 0.35 0.12 10 yr 5.71 . 3.74 2.59 1.64 0.45 0.15 25 yr 6.96 4.56 3.16 2.00 0.54 0.18 50 yr 8.00 5.24 3.63 2.30 0.62 0.21 100 yr 8.94 5.86 4.06 2.57 0.70 0.24 BDE VALUES Intensity : B/(tile cons + D)^E B 0 E 2 yr 26.38 9.50 0.79 5 yr 39.39 9.75 0.80 10 yr 47.63 9.50 0.79 25 yr 58.01 9.50 0.79 50 yr 66.61 9.50 0.79 100 yr 74.48 9.50 0.79 930840 (J' •e,e_ A-b-voic v 4''94. go Ort',Q • N10 --/Oe-fl _ S- 29-93 2 Delertn In e /22/;•7 • 42e.✓,remoni .JPoad .Drni.Je from C4/e,al-vi;ens: O = /. 7cA t Qioo = 5. 1 cis J . III VI W W W W_ W tatflul /� , 0000 Cor.5I d;^` aarwsse( l•V v04A/O� ��°`/� • s"s3 w/ MIA o / 'rf % / <f'.de S/v1oes. MNCI h el CI • Q _ 11ti '! Ag sui n >1 - O. 060 t S lob % — 3-92a (Fr# ins` z-46 1 • MAs • Se-aft/a, fttr. r Q. 1' 44_ - deep3. Ar. `E At; C1• Ai 8, 25I. Rp l Yw p `�/�d,z6 Q ►I48(or r• 6, 1)2.3` 0 .0 61,4 C4S o.o6v • Quo = 6.7 oa 1-1s-€: .. Swede .. m / N1�M , acto+k f)4 tett • , 930134 cc t In/Ald .S wimp. 2i f1Va - /D.9-93 nom S29-9.- Z Odder movie : Alin • Cu1ver9 Vise 4r . ,nd/d„d. .." 4meess '0r,✓GwaJJ 7o CacA 2071 Co,-r.de, Min es, /5 a &IA. si1 er yoe ; finbab2 Csi/vcrt pytlereM >1D ee /oo/7e14iyls.+e ai9/.afic, yE. E 0Orr&.jaK et4 fit,c,W_~_N_ .J W W W W NNW 000 000 44 74; / wade.- 7eO be conduit r , Er 124 .+ri ri hnr n te•- /6#/d crhF e ,t,/w/ _ / O Q= Y cg's Can -/2 v4i d P e WA-VD b:v Q = 2.'/ ci s A6 it /kW . bath dre.jte..de.- /4.y. 4% = /.7 its -ZiereJDee 4 "bin. S/fie _ 930840 DRAINAGE CRITERIA MANUAI MAJOR DRAINAGE Typical cross-sections suitable for grass lined channels are given in Figure 2-4. 2.3.4 Roughness Coefficients. The hydraulic roughness of man-made grass lined channels depends on the length of cutting, if any, the type of grass, as well as the depth of flow (11) . Typical roughness coefficients are as follows: TABLE 2-4 MANNING ROUGHNESS COEFFICIENTS, n* Depth of Depth of Flow of Flow Greater 0.7-1.5 ft. Than 3.0 ft. Bermuda grass, Buffalo grass , Kentucky Bluegrass a. Mowed to 2 inches 0.035 0.030 b. Length 4-6 inches 0.040 0.030 Good stand any grass a. Length of 12 inches 0.070 0.035 b. Length of 24 inches 0.100 0.035 Fair stand any grass a. Length of 12 inches 0.060 0.035 b. Length of 24 inches 0.070 0.035 *For straight channels without shrubbery or trees The 0.7 to 1.5 foot depth in Table 2-4 is generally suitable for computing the wetted channel portion for the initial storm runoff, while the greater than 3 foot depth is suitable for the major runoff computations. A depth of flow of 2.0 feet or more will begin to lay the grass down to form a smoother bottom surface. UDFCD, 1990 930840 DRAINAGE CRITERIA MANUAL INLETS a CULVERTS ( —u° =moo From BPR (I) -16{ _ EXAMPLE (2) —156 —6,000 5.36 Into P.o eon —5. -6,foo o•ss.t. - (3) —t44 —4,000 —5. —G. H `5i' H —13t —3000 0'.4■ >• , in 1.0 5.4 - -Ito ;2,000 (p !.1 4.! iIA t.t 4.4 7- 4. —10f J — ro la foot — 3. _ . —9i 1 - 1,000 P - f00 -54 +1 - 600 - t. - -600 - - 400 /6------ :9--. _t. S - 7 - 300 /�/ e -I6 o N = U - t00 ♦�� a -1.6 - LS S -64 I: - W - - t- to - 100 / S to -46 < ^s0- 2 ' 3 S--60 1.0 -1.0 fileiF7. - SO Ill SCALE ENTRAN m , W 0 TY t- i (p I N N antraW _ - { o - t7 - 1071/Prolostlog - .7 - .7 o _{ i -t4 / -.7 6- ^{ a -6 .m whim it(3)p.)wt - tl A /.wl.Mt.ln to Still (n,1M. - .6 -.6 no wpt r.i I..II.N II..San / -3 S N.oo. ,of Nr r. o N - •6 - 1e/`167 / .6 —.6 'L1.0 - .6 I 75 HEADWATER DEPTH FOR C. M. PIPE CULVERTS WITH INLET CONTROL c FIGURE 10 -9. II- IS-GB 343°640OIM.w 1146041 C441101 of {ewmw4nN MINOR SUBDIVISION FINAL PLAT AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Orr Minor Subdivision 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 mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. Ed Orr The foregoing instrument was subscribed and sworn to before me this anS1 day of 'Otc-ne , 19ta3 WITNESS my hand and official seal. My Commission Expires: �n,Q,,,,r(6. 7, )997 LCDeAn � ort ctu aer Notary Notary Pu is • • 930840 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE 100% ownership - Ed Orr 801 8th Street, Greeley, Colorado 80631 Lessees - None 9b30►840 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS ' SURFACE ESTATE Application No. Subject Property £d Crr Minns- 5u,hdi ✓/Aor1 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, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, 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 thirty days of the application's submission date. 1_. cam- c° 8-6,.T ‘54-- The foregoing instrument was subscribed and sworn to before me this day of , 19/px.??? WITNESS my hand and official seal. .01/48Y PUB My Commission Expir " .... (� r, 7 `� JODEE L. � "'� d KADous ary Public AA'}, 930840 FAMES Or PROPERTY OWNERS WITHIN 500 FEE1 • Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Dole 4- e4 dir kei / 38,;‘ ' wz1C1 (Do tad IV 010 '1-- 3 ") -0 -04 -0 93 Greeleii Ca f-- S'(A.Z. rl rSr - JI St fief- 13Y Ot 5-- 3 - oo _oy� LJ, nEfSor C? a 8055-0 PeS � 4 T 1.ca ti. e.nez ALkcrd 175 S, D? Dr7roc )f OFc>S- 3 :1 -0-co ei 2 ( rru s fees) fit' n u e (' rc o; Cd Sus ► ,. Orr !ro r V 3f" Ste, �� a3o 0Kd 3 - o - - 01/ C76 Qrr 4-nd et, C, r2zle �{ ► e ('o h 3/ L� ri�S 44- Ic v y l lder 134 '1`/ eo[.tA �Y Rd 4y UFos - 3 ? ` 0 -oo -6i3 ree /e ea Co 3 / ley y - 0 -00 w �wJZ,_�� Pe:L r_Nfi€in /3 'J"7 / �tic/ ea !2i 6 V c'I y�r� Tr-4-5 4-e Gret4ey , Co 1O 3/ fd e fe,/r 1371 je lc/ e �c/ Gy 080 '� 9 - o `u,' ..O .7_5"�� K s.�t, l�e� �'e u r:s -r s es _ Cue : /?, e. s'CL- 3/ 930840 Hello