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Home My WebLink About920656.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM I-3 (INDUSTRIAL) TO A (AGRICULTURAL) FOR COTTONWOOD WATER SKI CLUB, LTD. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 22nd day of July, 1992, at 10:00 a.m. for the purpose of hearing the application of Cottonwood Water Ski Club, Ltd. , c/o Norman Speak, 3382 Vivian Drive, Wheatridge, Colorado 80033, requesting a Change of Zone from I-3 (Industrial) to A (Agricultural) for a parcel of land located on the following described real estate, to-wit: Part of the NW'y SE; and SW** SEI of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Steve O'Brian, consultant, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The proposed Change of Zone site is located in the Urban Growth Boundary of the City of Brighton. A representative from the City of Brighton reviewed this request and found the proposal to be acceptable. The proposed Change of Zone is consistent with the Urban Growth Boundary and Agricultural sections of the Weld County Comprehensive Plan. b. The use allowed on the subject property by granting the Change of Zone will be compatible with the existing surrounding land uses. The surrounding land uses include agricultural production, an equipment repair facility, U.S. Highway 85, and an abandoned concrete production facility. c. Adequate water and sewer service can be provided to this property. Water service can be provided by a domestic well and sewer can be provided by an on-site septic system. PL0873 920656 RIDS/73 )1,, ��,/� CHANGE OF ZONE FROM I-3 TO A FOR COTTONWOOD WATER SKI CLUB, LTD. PAGE 2 d. Weld County Road 4, a paved County local, and U.S. Highway 85 Frontage Road provide access to the property. The Frontage Road and Weld County Road 4 are adequate in size to meet the requirements of the proposed zone district. e. The property is not located in an overlay district. f. The proposed rezoning will not interfere with the present or future extraction of commercial mineral deposits located on or under the property. Mineral resource development is a use allowed by special review in the A (Agricultural) Zone District. g. The soil conditions on the site are such that they do not present moderate or severe limitations to construction of structures or facilities proposed for the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Cottonwood Water Ski Club, Ltd. , requesting a Change of Zone from I-3 (Industrial) to A (Agricultural) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The Change of Zone plat must be submitted to the Department of Planning Services within 15 days of approval by the Board of County Commissioners, for recording. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1992. ATTEST: Pla% BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board -nEklk �A / Ge e Kenn y, Chairman BY: ( �f / Deputy Clerk to the oard \ Constance L. Harber , Pro-Tem APPROVED AS FORM: C. Kir y ounty Attorney Gor . c W. H. ebster 920656 HEARING CERTIFICATION DOCKET NO. 92-35 RE: CHANGE OF ZONE FROM I-3 (INDUSTRIAL) TO A (AGRICULTURAL) FOR COTTONWOOD WATER SKI CLUB, LTD. A public hearing was conducted on July 22, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated June 8, 1992, and duly published June 18, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Cottonwood Water Ski Club, Ltd. , for a Change of Zone from I-3 (Industrial) to A (Agricultural) . Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Steve O'Brian, consultant, represented the applicant. Mr. Schuett confirmed for Commissioner Lacy that this site is located north of Brighton. There was no public testimony offered concerning this matter. Commissioner Lacy moved to approve the request of Cottonwood Water Ski Club, Ltd. , for a Change of Zone from I-3 (Industrial) to A (Agricultural) , based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Kirby. Commissioner Harbert questioned whether there was salvage just south of the site. Mr. O'Brian said there is salvage, but the applicant is not included in that. The motion carried unanimously. This Certification was approved on the 27th day of July, 1992. 4u/ APPROVED: ATTESTL (/ 2 j� BOARD OF COUNTY COMISSIONERS / i/ WELD COUNTY, COLORADO Weld County C//ler "too 'the Board �s� By: 7/2 24 4 r� Lc (/‘Cgz Geo e�'y Chairmann Deputy Clerk to the Board Constance L. Harbert, Pro-Tem TAPE #92-24 C. W. Kir DOCKET #92-35 Gord . cy PL0873 / ' W.W. H. 920656 G C: h ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JULY 1992: DOCKET 11 92--40 - SUBSTANTIAL CHANGE HEARING: HEIN, RICHARD DOCKET II 91-50 - SHOW CAUSE HEARING: MCDONALD, JAMES DOCKET It 92-35 - CHANGE OF ZONE HEARING: COTTONWOOD WATER SKI CLUB, LTD. DOCKET 1! 92-36 & 92-37 - TWO SPECIAL REVIEW PERMITS: COTTONWOOD WATER SKI CLUB, LTD. PLEASE write or print your name legibly, your address and the DOCKET A (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 1 I r..-.i,(-, ii C/[/n<'//lam. /7:9S. L'4w..G` Pk'. Alin ' !. / L -34"; / 1kt Ld1t2Z-z,� 2 /e ii c9y�N .4G'f uNcAT RID!!' c `�.� ` �. /141 4 J/v' AkY, ✓' /('.S Cock 4300 Jie:t r f 4? -- 'lo C�/��A L X/-'\ '\C 4'v, '7 SCI) ( (-�)C 1L J/1 {�\{.Y`t:a1 7 % / ' S C?/.2 ...i ,CA .1 L L %. :-' 7, ,,,,/. (' // ,J �/ q„. 6-C7 i C Add rA 73C life.epi' t 11 9/ 5 �. . S i'vla CirSh 1 1q1 .0E Q \\ n I - `1) /z,./=.,' /// 1/d.r7,^ f � ,3-72,'LzIcf'/e `r)/ - .%C y�-� .9 �4' c2 /—c �`c'�J�r?7 /. '/'- /?)1,-,-,..:?2�V cal �.i.� �('/(_��(-� _milli :i' nF^er" NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 92-35 Cottonwood Water Ski Club, Ltd. % Norman Speak 3382 Vivian Drive Wheatridge, Colorado 80033 DATE: July 22, 1992 TIME: 10:00 A.M. REQUEST: Change of Zone from I-3 (Industrial) to A (Agricultural) LEGAL DESCRIPTION: Part of the NWI SE,' and Slit SE,' of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson, Deputy DATED: June 8, 1992 PUBLISHED: June 18, 1992, in the Windsor Beacon Hi ! F Lail) AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld,being duly sworn,say that I am publisher of BOTICF Pursuant to the zoning lass at WINDSOR BEACON the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be hstd in a weekly newspaper having a general circulation in said the Chambers of the Board of All persons Is any man�yner�r 9QCKET NO:92-35 County and State, published in the town of WINDSOR, County Corrosions of Weld interested In the Slld'!p'ra10S APPLICANT in said County and State; and that the notice, of which County.Colorado,Weld County Ds'mt w l P t aeffMwnded Cottonwood War Centennial Center,91610th Special Review Permit are SKI Club,Ltd. the annexed i a true copy, has been published in said Street, First Floor. Greeley, reauesrd to Sal and nay be %Norman speak weekly for / successive weeks, that the notice Colorado,r the Ikn..p.oxwe' hoard. 3382 Vivian Dna sestridge. mem was published in the regular and entire issue of every Should the applicant or any number of the paper during the period and time of Interested party desire the DATE:Juy 22,1992 penance of a court reporter to TME:tom A.M. publication, and in the newspaper proper and not in a make a record of the supplement, and that the first publication of said notice proceedings,in addition to the REOUEST:Change of Zone taped record each wig be kept from I-3 (Industrial) to A was in said paper bearing the date of the during the herg,the Clerk to (Agdefiumb p the Board's Office shall be LEGAL DESCRIPTION: Part �Q day of , A.D., 19 I y and advised In working of such aria of the NW Ile SE 1/4 and --f--V— at least flue days prior to the SW1Is5E 1/4 of Section 30. the last publication earing the date of the hearing.The cost of engaging a Township 1 North.Range 66 court reporter Sal be borne by West of the 6th P.M. Weld the requestIngperly. County,CokKado day of , A.D., 19_ and BE IT ALSO KNOWN that the LOCATION: North of Weld that the said WINDSOR BEACON has been published tut and mops so coaled by the County Road 4, east of and continuously and uninterruptedly for the period of 5 County Planning Weld edfraewl6phrrey be consecutive weeks,in said and State, prior to the slur trey be examined in k County the office of the Clerk to the BOARD OF COUNTY date of first publication of said notice, and the same is a Boardlocated In tthhee Wed County WELD COUNTY, newspaper within the meaning of an Act to regulate Centennial Center,916 10th printing of legal notices and advertisements, approved Street,Third Floor,Greeley, BY:DONALD D.WARDEN May 18, 1931,and all prior ts r as in force. Colorado. WELD COUNTY CLERK TO THE BOARD BY:Beay Hanson, �1 Deputy CIS tithe Bard DATED: June IL 1992 LISHER PUBLISHED:June 18, 1992 in the Windsor Beacon Subs d and sworn to beforij.,toe this an day of rLL! 19_Vo NOT Y PUBLIC 11 My commission expires /67- • • • .2.a A./tom.J J CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-35, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 1st day of July, 1992. �_K_ Deputy Clerk o the Board C & M Ready Mix Concrete Company P. 0. Box 490 Niwot, CO 80544-0490 Carrol D. Godey and Ivan and Craig Collins 37632 Weld County Road 37 Eaton, CO 80615 Steve and Caroline M. Brancucci 8120 East 104th Avenue Henderson, CO 80640 Ralph and Maxine Brenning 1212 Grant Street Longmont, CO 80501 Christian E. Hansen Sr. P. 0. Box 869 Bonita, CA 91908-0869 Foster-Reed 12739 County Road 4 Brighton, CO 80601-9301 Eilfred E. and Ruth Luft Box 122 Brighton, CO 80601 Joseph A. and Marilyn K. Case 16100 Bromley Lane Brighton, CO 80601 Single Eagle Company 9270 E. 136th Avenue Brighton, CO 80601 Jim's H2O Service, Inc. P. 0. Drawer 2296 Gillette, WY 82176 92005S Oil Well Perforators, Inc. 7775 S. Pioria Street Box F-2 Englewood, CO 80112 Tony, David and Tod Finley 12750 Weld County Road 14 Brighton, CO 80601 Cottonwood Water Ski Club, Ltd. % Norman Speak 3382 Vivian Drive Wheatridge, CO 80033 Steve O'Brien Cottonwood Water Ski Club, Ltd. % Norman Speak 3382 Vivian Drive Wheatridge, CO 80033 1x CcJs MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING June 2, 1992 Page 2 Don Feldhaus asked 'f the current piece of p perty should have been zoned C-3. Lanell Swanson explai ed it was being us as a bulk plant at the time it was originally zoned and e lained the C-3 oning allows storage but no processing or repair. She said ther had been e ensive discussion with the City of Greeley regarding annexation of th's pro rty. The City does not want to annex. The Chairman asked if there was one in the audience who wished to speak for or against this application. ne wished to speak. Don Feldhaus moved C e Number 472, be forwarded to the Board of County Commissioners with t Planning Commi sions recommendation for approval based on the compatible z tng surrounding thi property. Motion seconded by Shirley Camenisch. The Chai asked the secretary to poll the embers of the Planning Commission for the , decision. Richard Kimmel - yes; Jea Hoffman - yes; Tom Rulon - yes; Don F, T.'dhaus - yes; Shirley Camenisch - yes; Bud lemons - yes. Motion carried unanimously. CASE NUMBER: Z-473 NAME: Cottonwood Water Ski Club, Ltd. c/o Norman Speak ADDRESS: 3382 Vivian Drive. , Wheatridge, CO 80033 REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. Steve O'Brien, consultant/representative, Cottonwood Water Ski Club, Inc. , explained the Change of Zone is to allow a recreational water ski and camping facility after gravel mining is completed. The existing I-3 zone does not allow for this use. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jean Hoffman moved Case Number Z-473, be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Richard Kimmel seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. fre L J'r5 1 P2171 r ' n nci -y BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION f. ., - r 11: 15 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS 01SER5 CLFr;K Moved by Jean Hoffman that the following resolution, with conditions of Teprcivak ti-D be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-473 NAME: Cottonwood Water Ski Club, Ltd. c/o Norman Speak ADDRESS: 3382 Vivian Drive. , Wheatridge, CO 80033 REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance. a. The proposed Change of Zone site is located in the Urban Growth Boundary of the City of Brighton. A representative from the City of Brighton reviewed this request and found the proposal to be acceptable. The proposed Change of Zone is consistent with the Urban Growth Boundary and Agricultural sections of the Weld County Comprehensive Plan. b. The use allowed on the subject property by granting the Change of Zone will be compatible with the existing surrounding land uses. The surrounding land uses include agricultural production, an equipment repair facility, U.S. Highway 85, and an abandoned concrete production facility. c. Adequate water and sewer service can be provided to this property. Water service can be provided by a domestic well and sewer can be provided by an on-site septic system. d. Weld County Road 4, a paved County local, and U.S. Highway 85 Frontage Road, provide access to the property. The Frontage Road and Weld County Road 4 are adequate in size to meet the requirements of the proposed zone district. Lit nr flr' n D RESOLUTION, Z-473 Cottonwood Water Ski Club, Ltd. Page 2 e. The property is not located in an overlay district. f. The proposed rezoning will not interfere with the present or future extraction of commercial mineral deposits located on or under the property. Mineral resource development is a use allowed by Special Review in the A (Agricultural) zone district. g. The soil conditions on the site are such that they do not present moderate or severe limitations to construction of structures or facilities proposed for the site. The determinations are based, in part, upon a review of the application 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 Change of Zone plat being submitted to the Department of Planning Services within 15 days of approval by the Board of County Commissioners, for recording. Motion seconded by Richard Kimmel. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forward with the file of this case to the Board 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 June 2, 1992. Dated the 4th e, 1992. Sharyn F. Ruff Secretary .d._vLJ A INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Cottonwood Water Ski Club, Ltd. Case Number: Z-473 Submitted or Prepared Prior to Hearing At Hearing 1. Application 18 Pages X 2. 1 Application plat 1 page 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. 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. Referral response dated May 7, 1992, from Larry X Abston, Panhandle Eastern Pipeline Company 12. Referral response dated May 12, 1992, Brighton X Fire Protection District 13. Letter dated May 5, 1992, from Evan Hooper, X State Highway Department 14. Referral response dated May 18, 1992, from Mr. X Van Sickle, State Oil and Gas Commission 15. Memo dated May 19, 1992, from Drew Scheltinga X Weld County Engineer 16. Inspection report dated May 11, 1992, from Judy X Yamaguchi, Weld County Planning Commission 17. Letter dated May 12, 1992, Oscar Haake, West X Adams Soil Conservation District 18. Memo dated May 11, 1992, from John Pickle, Weld X County Health Department 19. Referral response dated May 16, 1992, from Larry X Rogstadt, Colorado Division of Wildlife 20. Letter dated May 21, 1992, from Jim Sayre, City X of Brighton 21. Letter dated John Schurer, Division of Water X Resources. (�!7y�E r�. vas Lr�-! C. INVENTORY OF ITEMS, Z-473 Cottonwood Water Ski Club, Ltd. Page 2 Submitted or Prepared Prior to Hearing At Hearing 22. Letter dated May 22, 1992, from Evan Hooper, X State Highway Department I hereby certify that the 22 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 June 5, 1992. Cu n lanne��-1 STATE OF COLORADO ) COUNTY OF WELD SL#BSCRIBED AND SWORN TO BEFORE ME THIS- ) ' day ofOttra 199 SEAL NOT PUBLIC err r My Commission expices November 21,1995 My„ otmnission Expires tea-^ r`► . EXHIBIT INVENTORY CONTROL SHEET Case C%Z - et, -,,,cv Exhibit Submitted By Exhibit Description W5 1 r C�, ,, ��,�.� .� P-ey1.,0.-c �.S ..Q- 14 W1- Lolg0 ), B. n J trG•'v� "i��t I�ez n,� , t L /,5 / D. �.� 4 n -vim �cs►-t wh�� y o u 1 ��c� w�-� �r l e z o-r,,�+..�, �J�t�►�� / / E. �, �� Ctr>1 Lfl A r •Cl9?z V 7 1r/s /y F. l•0- ti \� T I a ll•c IAA G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. •"?,,TL• 11..E DATE: June 2, 1992 CASE NUMBER: Z-473 NAME: Cottonwood Water Ski Club, Ltd. c/o Norman Speak ADDRESS: 3382 Vivian Drive. , Wheatridge, CO 80033 REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance. a. The proposed Change of Zone site is located in the Urban Growth Boundary of the City of Brighton. A representative from the City of Brighton reviewed this request and found the proposal to be acceptable. The proposed Change of Zone is consistent with the Urban Growth Boundary and Agricultural sections of the Weld County Comprehensive Plan. b. The use allowed on the subject property by granting the Change of Zone will be compatible with the existing surrounding land uses. The surrounding land uses include agricultural production, an equipment repair facility, U.S. Highway 85, and an abandoned concrete production facility. c. Adequate water and sewer service can be provided to this property. Water service can be provided by a domestic well and sewer can be provided by an on-site septic system. d. Weld County Road 4, a paved County local, and U.S. Highway 85 Frontage Road, provide access to the property. The Frontage Road and Weld County Road 4 are adequate in size to meet the requirements of the proposed zone district. e. The property is not located in an overlay district. n r^nr•.- *4.. LS) f. The proposed rezoning will not interfere with the present or future extraction of commercial mineral deposits located on or under the property. Mineral resource development is a use allowed by Special Review in the A (Agricultural) zone district. g. The soil conditions on the site are such that they do not present moderate or severe limitations to construction of structures or facilities proposed for the site. The determinations are based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services staff recommendation for approval is conditional upon the Change of Zone plat being submitted to the Department of Planning Services within 15 days of approval by the Board of County Commissioners, for recording. LAND-USE APPLICATION SUMMARY SHEET Date: May 26, 1992 CASE NUMBER: Z-473 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ADDRESS: 3382 Vivian Dr. Wheatridge, CO 80033 REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. SIZE OF PARCEL: 36.63 acres, more or less. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received recommendations from the following referral entities. 1. Weld County Health Department 2. Weld County Engineering Department 3. State Highway Department 4. Colorado Oil and Gas Conservation Commission 5. Brighton Fire Protection District 6. Panhandel Eastern Pipeline Co. 7. West Adams Soil Conservation District 8. City of Brighton 9. Division of Wildlife No objections have been received by Department of Planning Services' staff from surrounding property owners. (+rrnr•g. p - st.vi i n 2 l , r \ J•�ao • a 2 25 z. I m . 5 r ', [• p,� n • ! •!.Ito R[ .GIICfl • ' 1 1 . • r \I �_ _ _ _ ▪ I �1 • • [` F,ti: r . �• Imo • "//;c•�u,7 • • •ppp • I OEM - - 1 . / ' 1 �lv •® .- GREP ,r-- ,I x i. . x• IIIy• �_ _ •C , • :� •I _ ° ' o_ • •p'�_._ _._�� C ofnD j i a •• � yG,,'v I� 1 w I IIF 1 11„ q. [. ....L.!' �lyll o o \�L,„.,‘,. I 2.• , zx �, n ❑� �ariEv4LE ��• p ❑. ( I .''�/E . (/ --- --- • na s :Fi.�GGGa Ia .>ds •I• �-,_. .at �J :1 � H.yd., ns• �. ai � 11 117 .4 • ` •.• 40 -' ' y,F IJFOst xe y /[x O °:ax. ` �ca. o °° -{ . . \▪ ° ee • I Ru'Jp, 'eso xa j.� s �/� xv ' ?21 5.r.1• xe l�le ° il_r 2° SF x+ S�5SarnC F•I,,• x� • ss5 " r• ° or .zz I v ]. \ 1• ]a , " Ix l>•� BAR900R ONOS V^ •,- — _ - ,� ••� • .• VR._,VO _ F• STATE ,AE6 j -• R A. I 1 } 4 I i . •� •i - • .. [. 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'15 lr' (BRIGHTON) '97 4 7 �v V IMMINIMIIIrrrt•• . r�ri. • :.: Ttr' . t '. 7 ..Z: ,Z: "Y" 'IS: <3" - - NM j • i' - 4ti:: rte.._ •• tri: tR s.L, • • ::`.:7+ �'3' • F • 'tcow7. • •t 3 i� t w s csn. — • bus::t : s • � .ii M4 •4 S • i # 3 t f.2,1". i, , t • • t' '2} •fi t•• 8 • s f 7 is t 1,.; ._ �' .. • .fit t t,:4?„,. .. / i 1. 4rfl - fi i t � 1 s ,. i 3" t r .A'. /yin JF • {' ,•kv •i.'-•. 5 mi •i" •�' 1.. a 7 i'. , • f� T jr I 2 i. i . 1 ,,' } r`-t:: rr'�'- }•rY S.t 3i,,14 Y fr. I� u :: .i1 :_i - w f ,t,-, i• 1 • • .....:;',,..,',4„, : - A. i 7+t , t'+ •z,! 4�j�j "-`,`: :, tr .x:t t r ''' iC` � t.: ` , ::.. ;.7,. G.w. S G , .tl " V- _ X44.. i.. . '�• REFERRAL LIST NAME: Cottonwood Water Ski Club, Ltd. CASE NUMBER: Z-473 c/o Norman Speak REFERRALS SENT: 5-1-92 REFERRALS TO BE RECEIVED BY: 5-14-92 COUNTY TOWNS and CITIES /rvAttorney _Ault 47X Health Department X Brighton Extension Service _Broomfield Emergency Management Office ____Dacono //g Sheriff's Office ____Eaton - X Engineering _Erie _Housing Authority Evans _Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE Garden City • X Division of Water Resources - Gilcrest _Geological Survey Greeley � Department of Health Grover -/-k--Highway Highway Department Hudson Historical Society Johnstown /r Water Conservation Board Keenesburg K X Oil and Gas Conservation Commission - Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 _Mead X Brighton F-3 ____Milliken _Eaton F-4 _New Raymer _Fort Lupton F-5 Northglenn Galeton F-6 Nunn _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 - X Adams _ Platteville F-13 ____Boulder _Platte Valley F-14 ____Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 ____USDA-APHIS Veterinary Service _Wiggins F-18 ____Federal_ Aviation Administration Western Hills F-20 Federal Communication Commission OT ER 8p1L CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. X Brighton X Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission Greeley —R--Division of Wildlife Longmont West Adams CO ISSION/BOARD MEMBER X Judy Yamaguchi FIELD CHECK FILING NUMBER: Z-473 DATE OF INSPECTION: 51lll /U APPLICANT' S NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak CURRENT PLANNER: Keith A. Schuett REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the SW4 SE4 and Part of SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. LAND USE: N 3 ‘062.41 E p W° S 3 me W w w e - 1cc e frie socylneonji kij ott- gi en-0med. ZONING: N I-3 (Industrial) E A (Agricultural) S I-3 (Industrial) W A (Agricultural) COMMA TS: n ' /� n (+- FIELD CHECK FILING NUMBER: Z-473 DATE OF INSPECTION: May 23, 1992 USR-968 USR-969 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak REQUEST: Z-473, Change of Zone from I-3 (Industrial) to A (Agricultural) . USR-968, A Site Specific Development Plan and a Special Review permit for a gravel mining operation. USR-969, A Site Specific Development Plan and a Special Review permit for a recreational water ski facility with overnight camping. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. LAND USE: N: Vacant land E: Agricultural production, rural residence S: Welding shop, Weld County Road 4, water service and equipment repair facility. W: Highway 85, concrete batch plant, and vacant buildings. ZONING: N: I-3 (Industrial) E: A (Agricultural) S: I-3 (Industrial) W: A (Agricultural) COMMENTS: The property is as shown on the plat maps. The pond located on the property is from the existing gravel operation. Facilities for the gravel operation are located on the property. Access is from Weld County Road 4, a paved County local, north along Highway 85 to the site. t 1 finer DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET 119 GREELEY,COLORADO 80631 C. COLORADO May 1, 1992 CASE NUMBER: Z-473 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Change of Zone from I-3 (Industrial) to A (Agricultural) . The parcel of land is described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, TIN, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to Highway 85. 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 May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. X 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. Agency: PANHANDLE EASTERN PIPE LINE COMPANY Signed: z 7J Date: 5-7-92 f at , . 6 re EPARTMENT OF PLANNING SERVICES �J//�chi)�'._�,. .n PHONE(303)3584000,EXT.4400 lSRN 1 1992 915 10th STREET Ville �� MAY 7 _Weld Cur `1tr^isall COLORADO May 1, 1992 CASE NUMBER: Z-473 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Change of Zone from I-3 (Industrial) to A (Agricultural) . The parcel of land is described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to Highway 85. 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 May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. lease refer to the enclosed letter. Signede G ��( -7 Agency: IQ RI 61imn) CPA',niL1/4-P R c�oo�l 1302..ic i Date: j-IZ -9Z n,'s"r..-d. STATE OF COLORADO DIVISION OF HIGHWAYS ..„ . ,0"T OP P.O. Box 850 V: Greeley, Colorado 80632-0850 £ (303) 353-1232 m oo coy°v` Weld Co. , S.H. 85 Cottonwood Water Ski Club, Ltd. N.E. Corner of CR 4 and SH 85 May 5, 1992 Mr. Keith Schuett, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the applications from Cottonwood Water Ski Club, Ltd. for Special Review Permits for gravel mining and for a recreational water ski facility with overnight camping as well as the application for a Change of Zone. Since no direct access to the state highway is requested, we have no comment on the proposal . The County is reminded that the operation of the public access, the county road, to the state highway is the responsibility of the county. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hoope , Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File rime 6 1992 Weld Count'"laming t*�n ,-.. • 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 _91510th STREET ' U ORADO 80631 Eci� v MAY 2 0 1992 COLORADO C0 lop 4 Weld County Planning 10.0/1& wiara'"• May 1, 1992 t 4q4 CASE NUMBER: Z-473 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Change of Zone from I-3 (Industrial) to A (Agricultural) . The parcel of land is described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to Highway 85. 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 May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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.Xx 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.Agency: (04 /! advs.0. Ord s VAS s. 2,042,04.7,0,,Signed:,. �iri‘ Date: in rip, , \ MEMORAnDU wokTo Keith Schuett. Planning Date a 9 " 1992 COLORADO From Drew Scheltinga, County Engineer Sueiect: Cottonwood Water Ski Club USR-969, USR-968, Z-473 The access to this site is from Road 4 to U.S. 85. Approximately 20 feet is on Weld County's portion of Road 4 and the rest is state highway right-of-way. I have no objections, but do recommend a hauling restriction be placed against using Road 4 east of the entrance. A maintenance agreement for 20 feet of Road 4 does not seem appropriate. DS/gb:schuettl cc: Planning Referral File - Cottonwood Water Ski Club USR-969 , USR-969, Z-473 o AEI MAY 1 9 1992 \I Wcld Courts Picuebti \tk • 1'; 1992 WEST ADAMS +�y418 �410 r c7 S. 27th Avenue SOIL CONSERVATIONWei>dep>urt Brighton , CO 80601 DISTRICT Phone : 659-7004 May 12, 1992 Mr . Keith Schuett: Weld County Planning Department 9:L5i 10th Street Greeley. CO 80631 1 RE: Application from Cottonwood Water Ski Club , Ltd . for a Change of Zone from I--:^: ( Industrial ) to A (Agriculture ) Case Number : Z-473 Dear Mr . Schuett : We have reviewed the Special Review Permit arid find no problems or conf 1 i cts with our districts interests . It appears that the planned use change itt; agreed ti: by those involved and will ultimately improve the appearance of the area. We would encourage those who will be responsible , to reve9etate the area according to the recommendations in the original reclamation plan prepared for mining. Although the applicant states there is no so i I to protect on the property and none has been stockpiled for reclamation , erosion caused from severe winds must be protected against in the sp i r- i t of good stewardship . There are no other district concerns at this time since this area was approved for mining many year ado and its use wi 1 l not change until mining is complete . Sincerest thanks for considering the d i str- i ct ' s interests . et -!sc.a.r� F. t.ak:e , , . , Secretary Board of Supervisors tr 07.i<1 T n+� •.1. ..f�I'v� mEmoRAnDum MAY 1 1 1992 Weld County Planting VilkTo Keith A. Schuett Weld County Planning Dote May 11, 1992 COLORADO John S. Pickle, M.S.E.H. , Director, E.P.S. 7". �From Subjeet:Case Number: Z-473 Name: Cottonwood Wate Ski r.tith, r td c/o Norman Speak Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A temporary variance may be granted for this requirement. 2. Applicant must provide an approved public water supply. Municipal supply is required if available. JSP/cs-927 Orin r. • 0 DEPARTMENT OF PLANNING SERVICES PHONE(303)3561000,EXT.4400 915 10th STREET III GREELEY,COLORADO 80631 C. COLORADO May 1, 1992 CASE NUMBER: Z-473 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Change of Zone from I-3 (Industrial) to A (Agricultural) . The parcel of land is described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to Highway 85. 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 May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. r ) Signed: Agency: ,✓n}io,., Cif ul/V l Date: f if Zita Q f' flert— ..r...V�..2 CITY OF BRIGHTON V May 21, 1992 Keith A. Schuett Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Case Number USR-968 et al. Dear Keith: This letter is in response to the Cottonwood Water Ski Club application for a rezoning and two special review permits. We find the proposed use to be acceptable. This sort of recreational activity and zoning is much preferable to some of the other uses and zoning in the area. Cordially, Jim Sayre City Planner a Txti- MAY 2 2 1992 Ei Weld County Planning ?s,—on r•s—s. 22 South 4th Avenue - Brighton, Colorado 60601 - [303] 659-4050 WATER RES . -L :303-855-3589 May ' 92 8 .48 No .004 P .02 pc ROY OM p y j n H�ACung(H a[e D. SIMPc0N 4E/8764E OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 618 Denver,Colorado 80203 (303) 866-3581 FAX(3031866-3589 May 20, 1992 Mr. Keith Schuett Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 Re: Cottonwood Water Ski Club, Ltd., Z-473, USR-969 SE1/4 Sec. 30, T1N, R66W, 6TH P.M W. Division 1, W. District 2 M-81-231 Dear Mr. Schuett: We have reviewed the above referenced proposal to rezone a 36.36 acre parcel to allow a water ski club to use a 23+/- acre lake for water skiing. The lake is the result of gravel mining operations on the site. The application states that there will be no onsite potable water requirements, and indicates that there will be no other use of water. We have no objection to this proposal as long as the club does not operate as a commercial business,'however it is in the owners interest to know that under Senate Bill 120 the land owner may be responsible for replacing evaporative depletions from the lake surface as required under this legislation, in a case where the mining operator fails to do so. If you have any questions in this matter, please contact me. JSincerely, IAAA 6-PAAA-ASc John Schurer, P.E. `� Z 1 01 Senior Water Resource Engineer Mal on- JS/cottonwd s$ l8 unO cc: Alan Berryman, Division Engineer Bruce DeBrine Judy Sappington Norman Speak MAY 27 ' 92 8: 45 303 866 3589 PAGE . 002 ea,a-11�v a STATE OF COLORADO DIVISION OF HIGHWAYS �E„t of it P.O. Box 850 __ ?...� �i Greeley, Colorado 80632-0850 - �;� "`of (303) 353-1232y�a� oc_coy Weld Co. , S.H. 85 Cottonwood Water Ski Club, Ltd. N.E. Corner S.H. 85 and C.R. 4 May 22, 1992 Mr. Keith Schuett, Planner ti Department of Planning "l� �' �v�� Weld County 915 Tenth Street o MAY 2 6 1992 Greeley, CO 80631 C5 4ideid"Calm.elaaning Dear Mr. Schuett: The following information is offered as a result of telephone conversations on this date: The Cottonwood Water Ski Club will access a Frontage Road that is the property of the State of Colorado. That frontage road is on the east side of S.H. 85, and extends from Weld County Road 4, north to the property line of the Cottonwood Water Ski Club. The initial proposed use of the property, gravel mining, will not constitute a change of use of the property and, therefore, will not require an access permit. The future planned use of the property as a water ski facility may or may not require that an access permit be issued. That need will be determined by the comparison of the projected traffic count using the access to the frontage road as a water ski club to the traffic count using the access as a gravel mining operation. If there is an increase in traffic volume using the access of more than 20 percent, an access permit could be required. Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hoope , Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File ran-..— DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO May 1, 1992 TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: Z-473 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 2, 1992, 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: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak. FOR: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the SW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. ♦+,- rte.r,+ 11 reit DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 2, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for a Change of Zone for the property described below. APPLICANT: Cottonwood Water Ski Club, Ltd. c/o Norman Speak LEGAL DESCRIPTION: Part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LOCATION: North of Weld County Road 4, east of an adjacent to Highway 85. SIZE: 36.63 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one ,(1) tim 15, 1992. Received by' Date: C AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD cc// I, K.I ' WAMS_t.4t , of said County of Weld,being duly sworn, say that I am publisher of NOTICE IN OF vuule HE WINDSOR BEACON HEARING The Weld County Planning Commission will hold a public hearing on Tuesday. a weekly newspaper having a general circulation in said June 2.e986,at 110 p.m. for t the11 purpose of County an published State, in the town of WINDSOR, considering a Site Specific in said County and State; and that the notice, of which Development Review Plaper and a the annexed is a true co has been published in said Special Review permit 1«a copy, Change of Zone for the weekly for/_successive weeks, that the notice � ibedbelow APPuC4Ahd h od was published in the regular and entire issue of every War i ao number of the paper during the period and time of Noma e1 publication, and in the newspaper proper and not in a ilys N supplement, and that the first publication of said notice part of the SW4 SW _SESDof was in said paper bearing the date of the Section 3q.71N,'R66W of the 6th P.M.�Weld County.Colorado. 1 day of ill Qr( , A.D., 194 2--and .. . TYPE AND USE: OF PROPOSED NS E: A the last publication bearing the date of the Change of Zone from 13 (Industrial) to A(Agricul day of A.D., 19 and LOCATION:INl:. that the said WINDSOR BEACON has been published untyRoad North of f and County djaceM toHg,eastafwc continuously and uninterruptedly for the period of 5 SIZE:38.63 gr a consecutive weeks,in said County and State,prior to the SIZE:36.63 acres,mare« lessdate of first publication of said notice, and the same is a The public hearing uW be held In the Weld County newspaper within the meaning of an Act to regulate Commissioners'Nearing printing of legal notices and dvertisements, approved Room.First Floor,weld May 18, 1931,and all r oor is 'far as in force. 915 County Tenth sso y, P C,l rti Street, .et,or Colorado. C t U or above ab r q related to the p sub request tined/ a ,�/,7l Weld ou In writing a the PUBLISHER Weld County Department a 5 Planning Services. a,6 rl1 Tenth street, Gbefore ey.the Subscribed and sworn to before me this c� day Colorado ttreet. Greet the �-c-� above date or presented et of .t nee 19 9.� the public hearing on June /n�,�{ 2.1092. ' ) �, c O. I are Copies it the for utioc `�`�-- Ins available public In rt NOTARYPUj;LIC Inspection In the vU Department of Planning County e 342,Weld County Centennial Center, My commission expires 1 ) /915 Tenth Street,Greeley, Colorado 80631 -Phone- 356.1000.Extension 4400. Bud CWros,Chelninn WeS County Planning CmalhsYn Published MIAs Windsor Beacon on May 7,/6Q. 1-j.7` 1711 ` I \L" JUN i 1992 yl ',,.,'.1"r,.._,,,',an-,,:,,n 44... Vt...31 L...IITED PARTNERSHIP STA', _MENT WE, the undersigned, General Partners of, Cottonwood Water Ski Club Ltd. state that on the 5th day of April , 1992, the Limited Partnership consented to the following resolution and said resolution was proposed, seconded and unanimously adopted by the Limited Partnership. RESOLVED, that NORMAN C. SPEAK, General partner, is autho- rized to sign and execute for and on behalf of the Limited Partnership all applications, petitions, contracts, correspondence and any and all other documents to be submitted to and filed with Weld County under the provisions of the Zoning Regulations; and FURTHER RESOLVED, that NORMAN C. SPEAK, General partner, is authorized and empowered to represent and act for the Limited Partnership in any capacity in connection with any acts or activities with or before the Weld Couny Planning Commission or Board of County Commissioners, and any action taken by the said General partner, for and on behalf of the Limited Partnership shall in all respects be considered the act of the Limited Partnership; and FURTHER RESOLVED, that NORMAN C. SPEAK, General partner, is authorized to sign and execute for and on behalf of the Limited Partnership all applications for zoning, rezoning, special use permits, conditional use permits, special exceptions and any other forms required by county or city government relating to the Limited Partnership's land use activities. DATED this �7 day of PI "N 1 , 1992 Dorman C. Speak i A. peak k 0/7.-eiyr 11‘11 flie;;` Albert R. yei Rodney . Tietsort 'Phihll G. Edwards Donald P. Hicks frive Mick L. Wilkinso . 'Jim C. Nock Trud . Speak Boyd SUBSCRIBED and sworn to before me a Notary Public, this ,252___ day of 4«/ , 1992 My commission expires:9 W07/1( _Ale 6Y /- Notary Public (NUTlRIAL SEAL) / f / Address: /4>bk . Z� 2 REZONING APPLICATION -- Case // 7 I lS Weld County, Colorado N Dept. of Planning Services App. Chid By. Date Recd: " 97 -4-2 915 10th Street App. Fee: ' ec Zx Receipt f: ` Greeley, Colorado 80631 Record. Fee //L y"�.A Receipt //: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated are. o . County, Colorado: LEGAL DESCRIPTION: 0� V Part of the NW% SE% andSw4 SE4, Section 30, Township 1 ; n t�P 3_Range1992 66 West, 6th P.M. , Weld County, Colorado 1 A 11 4Ueld County Planning (If additional space is required, attach an additional sheet) Property Address (if available) : Vacent land PRESENT ZONE I-3 PROPOSED ZONE A TOTAL ACREAGE 36.63 OVERLAY ZONES NONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Cottonwood Water Ski Club, LTD. Home Telephone //: 238-0338 Address: 3382 Vivian Dr. Bus. Telephone //: Wheatridge, Co 80033 Name: Home Telephone //: Address: Bus. Telephone //: Name: Home Telephone //: Address: Bus. Telephone //: Applicant or Authorized Agent (if different than above) : Name: Norman C Speak Home Telephone //: 238-0338 Address: 3382 Vivian Dr. Bus. Telephone //: Wheatridge, CO 80033 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Cottonwood Water Ski Club LTD. Address: 3382 Vivian Dr. , Wheatridge, CO 80033 Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF iMEt6 �, STATE OF COLORADO ) d¢d ; C, Signature: Owner or Authoriz Agent Subscribed and sworn to before me this "3 day of Qi-. 9-11 , 19 l a_ SEAL NOTARY (1 I 1( 1 My Commission expires: (,1L I j / APR 2 492 '-r1 COTTONWOOD WATER SKI CLUB, LTD. APRIL, 1992 WELD COUNTY, COLORADO REZONING APPLICATION ^nr.r-c, REZONING APPLICATION Case fi Weld Coon Colorado Dept. of , .aping Services App. Ch'd By: ..te Rec'd: 915 10th Street App. Fee: Receipt n: Greeley, Colorado 80631 Record. Fee Receipt A: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: Part of the NW% SE% and NW} SE}, Section 30, Township I North, Range 66 West, 6th P.M., Weld County, Colorado (If additional space is required, attach an additional sheet) Property Address (if available): Vacent land PRESENT ZONE I-3 PROPOSED ZONE A TOTAL ACREAGE 36.63 OVERLAY ZONES NONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Cottonwood Water Ski Club, LTD. Nome Telephone 6: 238-0338 Address: 3382 Vivian Dr. Bus. Telephone a: Wheatridge, Co 80033 Name: Home Telephone g: Address: Bus. Telephone j: Name: Nome Telephone n: Address: Bus. Telephone p: Applicant or Authorized Agent (if different than above): Name: Norman C. Speak Home Telephone (/: 238-0338 Address: 3382 Vivian Dr. Bus. Telephone #: Wheatridge, CO 80033 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Cottonwood Water Ski Club LTD. Address: 3382 Vivian Dr., Wheatridge. CO 80033 • Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of , 19 SEAL NOTARY PUBLIC My Commission expires: IF flf1nr PROPOSED REZONII4G FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN This request to change the zoning from Industrial to Agriculture, returns it to the zoning it had before 1963 when the area was blanket zoned by Weld County. We have discussed our plans with the Brighton County Planner and he has indicated this use would be consistent with what Brighton wants the area to become. Since 1957 this area has been mined, until 1963 there were no controls on the pit. Since 1963 when the area was rezoned the mining has operated under a NON-CONFORMING USE in an Industrial Zone. This area still contains a commercial deposit of gravel on the 3 . 66 acres ± left to be mined. Mining is recognized within the Weld County Comprehensive Plan. The MLRB permit was approved in 1981 and called for the area to be reclaimed as lake suitable for private recreation. The approved reclamation plan call for reclamation to begin after mining is complete. State standards require slopes from 5 feet above to 10 feet below water to be graded to 3H to 1V and any other slopes can be 2H to 1V. Reclamation will begin with grading the above water slopes to the required standards. They will than be resoiled with any available soil and revegetated with a seed mixture of native grasses. The reclamation plan call for 100 trees to be plants around the lake. At this time we have a natural growth of Cottonwood trees occurring that will be acceptable to meat some of the trees required in the plan. When mining is complete the land will contain a 23 . 50 acre ± lake surrounded by revegetated land. When we purchased the property in 1984 our intentions were to create a lake where the members of Cottonwood Water Ski Club, Ltd. could practice for competition water skiing. This is the first year where the lake has been large enough to use for that purpose. While the lake is not complete it is large enough to ski on but 1 n^nn PROPOSED REZON..dG FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. when mining and reclamation is complete we will have an ideal lake for this purpose. The lake area sets in an amphitheater like setting that will shield the lake surface from wind that adversely affect our type of skiing. This setting will also protect surrounding properties from any noise generated by the users as it now does for the mining operation. A STATEMENT EXPLAINING HOW THE USES ALLOWED BY THE PROPOSED REZONING WILL BE COMPATIBLE WITH THE SURROUNDING LAND USES. There are 15 parcels of property within 500 feet of the property line. Of these 15 parcels, 5 are zoned for agriculture or rural residential, the remaining 10 parcels are industrial zoned. Brighton has indicated they would like to see this area cleaned up and have told us they think our proposed use would be good for the area. We are surrounded on three sides by industrial uses. The final use on the property will be for recreational uses that would fit, in almost all zone districts. We feel this lake complex would become an oasis within the industrial area adjacent to the property, serving as a buffer between Highway 85 and the industrial area. During 4 month of the year it will actually be an open space area used by few people. We are also adjacent to a large tract of Agriculture land to the east, this ground is currently farmed by the Brancucci family. In our conversations with them they are pleased that we are finally going to be able to use the property for the reason we bought it. The Weld County Zoning Resolution allows recreational uses in the zone district under a Special Use, reinforcing the acceptability of this use. 2 PROPOSED REZOA..IG FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. THE TYPE OF WATER SUPPLY AND SEWAGE FACILITIES PROVIDED FOR THE PROPERTY AND COMPATIBILITY FOR THE PROPOSED USE There is no need for a general water supply, since we have no permanent building on the parcel. No permanent water supply is proposed nor is it needed at this time. Potable water is carried in by the people using the property. This is consistent with other lakes we have leased until this one can be used. Most of the club members own self contained camping units; trailers and motor homes. We understand the Weld County Heath Department frowns on the use of San-O-Lets or portable toilet units and wants some type of permanent facility constructed. We will commit to installing vaulted toilet facilities once mining is complete. We are asking for a hardshin exception to installing the vaulted facilities at this time and wish to delay them until mining is complete. The VICINITY AND LAND USE MAP shows the location we want to construct them. This location will hide them from Highway 85 and place them near the prime camping location when mining is complete. We want to locate the units in an area that is still being used by the mine operator. We ask this to save the expense of having to move them later. The savings will allow us to build a nicer exterior on the final units. On other lakes we have rented the portable units we use see very little use because each member has their own facilities in their campers. If we can use a portable unit until mining is complete they will be tied down to prevent tipping and located on a portion of the property where they will be less visible from the highway. 3 r`-,nn ` PROPOSED REZONING FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVA- TION SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF MODERATE OR SEVERE SOIL LIMITATIONS FOR THE PROPOSED REZONING FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVA- TION SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF MODERATE OR SEVERE SOIL LIMITATIONS FOR THE USES PROPOSED, THE APPLICANT SHALL DETAIL THE METHODS TO BE EMPLOYED TO MITIGATE THE LIMITATIONS. There is no soil on the property. This property has been mine for more than 35 years and the only soil like material left is a sand and gravel mixed with shale that is too poor quality to be sold. When mining began operators did not save soil for later use in reclaiming the land as they do now. The perimeter of the lake consists of this material with a thin layer of soil on top of it. When the mining is complete the property be 71.8% water. The gravel substrata is very stable and since there are no habitable structures on the property we ask this requirement be waived. ROAD AND HIGHWAY FACILITIES STATEMENT The current access is a service road that has been in place as far as our records go back, that is to 1957. This service road is owned by the Colorado Department of Highways according to County Records. The service road is accessed from WCR 4 and the limited traffic entering and leaving the property will in most cases be less that the truck traffic associated with an Industrial use. Our discussion with the Highway Department indicated they have no problem with us continuing to use this service road. The only other alternative is to construct an access directly off Highway 85, a limited access highway. INFORMATION REGARDING SAND AND GRAVEL UNDER THE PARCEL PROPOSED FOR REZONING. Mining has been done on this property since 1957, it started on a dry terrace deposit and is now working on the lower levels of the deposit. Current mining is covered by a Mined Land Reclamation Permit. 4 [s (a(( �wIalFetinnns+croselmm.snh*, g• AR 1'1852Y5 1046 PEC 01985295 10/16/84 16,57 ' $9.00 1/007 1664 MARY A1111 EEUERSTF•iN CLERK t PE( ER WEIR CO, CO • Muri.r'.Stamp TRIM I/EEDI, Made 11.1. 10th 1.),a October n BA.bass... CLM Ready Mix Concrete Co. of Boulder, Seel" Du N ?Z IA IIA ' pale.....9c[ .1_. ......_ •claim•...ondoily••t r.nl...1 anti.noel.. undo.n•1I,r,l,tu..,l Il,.la.•..I 'f .h.Sla..oI Colorado .•116.hn1 p.•l.•n.l Cottonwood Water Ski Club, Ltd. , a Colorado Limited l'arntersllip *1....•l.-nl.dd......e/n Norman C. Speak, General Partner, 71(12 Vivian Br. , Wheat ridge, CO 800)3 nl n,• r....nlr.A sot xl...',I Colorado I ad Ihi ornnd volt M ITcI:SS1:111.1ha.alm•..A patty of om fool pool.loo s...1 on rnn.,,ln unn..illy.'um al O111 IIUriDR1:11 THOUSAND DOLLARS IS 100,000.001 Intf.I.A II.•', b,oh.portl p••ll of Ih•fool pa..u.lu",I Lod In lh.•.:A pot •I oh...r..nt rat.,ll..n.dpt.h.r.,d,. I..olo) toil.n.•.atuI o hn.,.I.Ar•A,h.•eru,l.A.l.npn..d..o1A anti rant•1••1.n.l hr lips.rrr•.nt.titon roll • 1•un,n,mlL. a ..,d n.nlbm nut..lhr .•.A poly dd.r •...,ndPSI I. Ito neon.e•lu.....• • •11 n1.ho h,Ihono•Inado•I l.•1 .r pool of lunl,.........lying and loos.mlh. ,..ush'nr Weld and xl•l•..fe.d.n.d...l...m. See Exhibit A attached hereto, and incorporated by reference as though fully net forth herein and any water rights pertaining to the above described proper'',, if any. Ito warranties as to water rights are made by Grantor. also l,,...n..•I..•I"Id mini.., V acaltt land lexa:iln:n .,II. .11 anti nn.ul.. 1h. h.,.•Is•mrno •nd ql.. unto. rh.,.•nl.I..Lmpn..or on onion. app• nun,out lhr... .. nn .•.•.non.. •non,l....onto. I.....•of..ofa.Il.aml:an-I all,1.•.nt..''.1,1 l,II•.m rn•L.b,m and.l,m.nd.h.l•....•,aft h.nod poly al thorn-oft pool...Shot on b.•a..earl,.nl.ln•n.I i',th. .1...r•hn...n.d r••m.....•,u,lhr h.n•hnm.m•.nA.ppalnn.nr•. III'IAA II A.'1l)Ili 11.11.11110...A p,.moos•.1....L.q.,n.A and do...I...1,.oh 1k..pru,.•n......unln oh.••••I pot y nlu......not p.rl, its hoot and mooing( And u,.•.I4Ch'1 Read*/ MIX. Concrete Co. of Boulder, p.1l r••f I h.Imt pout for amin.• .....•n...h...,. Ler not 1.ono..n.l ,•nd ashth..•,A rare/ ollh....nnd rut. lto hnr....lping,..,tl...all..bm•el ov rnealm..n4Ado..tr•.Ith.••p r•..n••el nil Lk-,.1 rood ,111..p.nn..•........nn.a.•l...ol•n•..•1.•nr.,polo,.0...lsn.end mA.Lmold. "I mh•nnn..,,n b. n.I..oomph,an•l h..pool cola,full p'••^• .ml',who,.a1I..•rnr b,e..nl,b•....n...11 an.l.•.m.,IL.um.n, � oomph,n. ,.nor•n•1 Lom.L...old.u,Alh.tlh.. •n.•r•(mewl that loom all h,rmrr.ndolh.r p.m.,1..,.un..ul... 1( I' I.•,..,.............n.no.. •.n.nmh..,.•..,I.'..I...rhm•I•„n.., .. .•,,oxce pt those rllib n of way, easements, taxes, encumbrances, and restrictions of record, and/or l tsted on Exhibit B attached hereto, and incorporated by reference as though fully set forth herein. n,1 tLr•Ln.LIn IP..mu.unlh..lunl.n•11. ,b ......on•.Ilk....4 Pict y ••LM ornvl pan •It,I r,r,,.•nda....o...o"..all pool.....p.n'.nn.p. l..full)d...n.net.o•d.Im.h•.I..d• .n o•) pop'hoof lh.•...11.1.11••Ito.not l•atl.6.11•n•I.•11%ARRANT ANt,VIIN 1:t'E II 111:1 I NI, 1,Mr1SI:1SM Ill:NI:111,Tr..rod poll oath.heft hol n„ono.al.n•n.WI..lnr•onl..ul ...I I.)na _____ I' rehired.octane r•n.. .I.oral lal,.hr.ouno.•I fort..11b.l,dlq n• x..'...,1.0)..1.1•..01 r••t h,.I•I.n,..nlnn CLM Ready Mix Concrete Co. of Aln•1. //` hnu der, GSA 14/A4/11.7U C . ..... . , �(` / j �J 1 • •l li�r1.,. A II, ` 1l//l/ 1�a'. fl p1/ • t. )h}Ak1t W'IULURAI.,. Ulu.l`ll lf. 't1y trOm r r••••..• ♦ :.1, f! I.. i BOULDER .7 r'. L.,,nlr.d ....ant m•bum.nttan at lna-l.•I pot l•.L,.m1 n,.. /d r.t .19 u1 October Ir84 .1)Bav id D. Nystrom •• hoodoo.Ind ,1."""'•0,trlch Groff •' A•o•lan•d ( y. re.;.R4 Ill x Concrete Co. of Boulder, a lot f do s1"'r•d•""" ....,'10 MI a.A1,n1•.mm.nn.nalur.. .f�^ X� J: Jo✓h1 lr • Mllnln ml A•ml A IJ..I...I ` � Q• 1�_♦.b / ride(. Qr•--ll- 4 ` °l1D�n tip/Oµ �� I • I ' 168.4,. the (71.O I N..11s, 1•••• n.•.... . ..soot., . ... . .n•.....•... .0 ,m,.1,••... I on .. 1 t I•retort p., twp i'4i s 1 R]Glf]ika'J+.d idc '_, xs. ' 7,1 ri e I i is•p . 30 ,e - ,. , AF • 0 6 REC 01995195 10/16/94 16:57\ ,00 7/00) F ,•,65 MARY ANN FEUERSTEIN CLERK I, RECORD,... WELD CO, CO • k' '' EXHIBIT 'A' Legal Description Incorporated by Referent into those certain documents arising from that aortalq sale of real property located in Held County, Colorado by CSM Ready Mix Concrete Co, of Boulder, a Colorado corporation, on or aboutei October 10, 1984, to Norman C. Speak, and/or Cottonwood rr7i Water Ski Club, Ltd. , a Colorado Limited Partnership. it Land in the County of Weld, State of Colorado, described as e follows, AV t ti All that part of the Ina4 of the SE4 being Cast of that portion IF) ctr':eyed to the State Highway Ccr..miseicn. of Colorado by instro-,ant recorded September 7, 1934 in Book 1)99 at Page 176, and all that 1 • part of the Si:', of the SC', ?YCEPT the South 411.00 feet thereof, and being test of that part conveyed to the State Highway Commission of Colorado by instrcnents recorded ::o;e-ter 22, 1954 in Book 1405 at Page 137, and Dece .ber 16. 1954 in Book 1407 at Page 40, the parcels ell being in Section J0, To'=r.shro 1 North, Pange 66 Vest of the 6th P,M., being more particularly described as e srr.7,;,p ING at the Southeast corner of said Section 30, thence ::x9'59')0-W on an asse ed bearing along the South line of said Section 30, a distance of 1)75.00 feet to th^ Southeast corner of the b:5 of the SE4; thence !+00'01':5"E along the East line of said 145 SE4 a distance of 413. 00 feet to the iit.'C POINT or BEGINNING: thence continuing x00'0)'45"E along said East line a distance of 1 2730. 67 feet to the East-cost centerline of said Section )0, thence ;:69'48'79'.4 along said East-West centerline a distenceof 7:8.68 feet to a point on the Easterly right of way line of highway 85: 11 thence along said Easterly right of way line the follo'-ing Courses `7 and distances: 507.01'70"W, a distance of 1117.90 feet; ', . 5; 7.16'04"E, a distance of 105. 90 feet; I 507'01'70"W, a distance of 112. 30 feet; t�� 1:87.06'70"C, a distance of 70.26 feet; F ' lie 7'06'10'E a distance of 17. 00 feet: /R, 546'78'34"4 a distance of 66.86 feet: 9 S05.50'10'14, a distance of 150.30 feet: 1, 502'01'20'W a distance of 713. 16 feet to a point 413.00 feet North of _, tNe South line of said Section 30, thence Se9'59')0-E parallel with said South line a distance of 700.04 feet to the TRUE POINT OF BEGII;NING ,y4t it • • C', . 'i 4 9R;. 1 0 1046 RFC 01905295 10/16/04 16:57 59.00 3/003 ti`? �., • F 1666 MAPY AnnFEUERSTrIH CLERK 4 HF,rnRDER WELD CO, CO ' f], EXHIBIT "B• I d • e Reservations, rentrictiona, easements, encumbrances, and '� rights of way incorporated by reference into those certain fl f documents arising from that certain sale of real property d located in Weld County, Colorado, by CIM Ready Mix Concrete il. Co. of Boulder, a Colorado corporation, on or about October 10, 1904, to Norman C. Speak and/or Cottonwood enter Ski JorClub, Ltd., a Colorado Limited Partnership, are an follo•w,: if Ii IP 1 . Tate,due and payable;red any lax,,peclal a,'lumen I. chat at or lien Imposed for water or sewer j,` T service,or for any other specie)taxing diet:lel. { ,'ea, Rf' - 1,4 :II 2 Right of way for the Gilheany Ditch as granted to Thomas Gilheany by } N Deed recorded February 21, 1899 in Book 157 at Page 76. (Affects IJW4SEl1 g . Right to deny or restrict each and every right of access to and from the iii land insured hereby, directly onto abutting street or highway designated 1[)lt lP as State Highway Ito. 1, along or across a line described as follows: L. F 006-1 (121 PARCEL IIO. 9 EASTEPLY LINE i Beginning at a point on the South line of the SW4 of the IIE4 of Section 30, Township 1 north, Range 66 West of_ihi btriiiT from which the Southeast corner of Section 30 bears 657.40'E a distance of 2410.0 feet: ?dil 1. Thence n1.19'E, a distance of 112. 3 feet: 2. Thence 117•le'W, a distance of 105.9 feet: - P J. Thence 111']9'!, a distance of 250.0 feet to the center of a 20.0 ' foot passageway reserved by the grantor: 4. Thence U1•l9'E, a distance of 867.9 feet to the East-Westtl centerline of Section 30. I fit 4 . Terms, agreements, Provisions, conditions and obligations as r contained in Agreement between the Central Colorado Hater Conserv- 1' " ancy District and Harold !.Baumgartner, concerning the drilling of Wells and the construction of a system of ditches and rights 7 ' if of way therefor dated September 24, 1775 and recorded October 14, if- 1775 in Book 750 as Reception no. 1672248. 5 . 011 and gas lease between CIM Sand Company, a Colorado Partnership, 1 David 0. Nystrom and David H. Stainton and Ted E. Amsbaugh, dated August 28, 1990, recorded October 24 , 1990 in Bock. 918 as Reception No. 18)9716, and any Interest, therein or rights thereunder. MOTE: Extension of the above lease as claimed by Affidavit of Pro- duction, pursuant to '7)CRS )8-42-106, by Barret Energy Company. re- it y+ corded February 28, 1904 in Book 1022 as Reception Ito. 1957408. y, • ri 1, 6 Mcranne Ditch and Second Extension and Enlargement and any and all Sri. right, of way therefore, as evidenced by (lap and Statements recorded July 12, 198) in nook 1001 as Reception no.s 17))265{ and 19)1267, In- '• a of nr,as soma may affect subject property. :.t 7 . An undivided h interest to all oil, gas and all constituent, thereof {a as reserved by David D. Ilystrom in the Deed to CIM Ready His Concrete ;. Co. of Boulder, a Colorado Corporation, recorded July 71. 1984 in nook. 1037 as Reception nn. 1974919, and any interests therein or rights thereunder, .. 18 , Dirt Ditch, Power Line and Cutlet Pipes, and any and all rights of way therefore as shown by survey od Cecil P. Crowe. slated July 16, 1984, rile no. 30-1116-06. i } ;t 51 Il alii ^"�s�rs a—.r� V,.�%.,r. a ./ u COTTONWOOD WATER SKI CLUB LTD. LEGAL DESCRIPTION_ All that part of the NW 1/4 of the SE 1 /4 East of that portion conveyed to the State Highway Commission of Colorado by instrument recorded September 7, 1954 in Book 1399 at Page 126, Weld County Records and all that part of the SW 1/4 of the SE 1 /4 except the South 413. 00 feet thereof and being East of that part conveyed to the State Highway Commission of Colorado by instruments recorded November 22, 1954 in Book 1405 at Page 137 and by instrument recorded December 16, 1954 in Book 1407 at Page 40 Weld County Records, the Parcels all being in Section 30. Township 1 North. Range 66 West of the 6th Principal Meridian, Weld County, Colorado. the balance being more particularly described as: Beginning at the Southeast corner of said Section 30: thence N89' 59 ' 30'W on an assumed bearing along the south line of said Section 30 a distance of 1325. 00 feet to the Southeast corner of the W 1/2 of the SE 1/4 : thence N00'03' 45"E along the East line of said W 1/2 of the SE 1 /4 a distance of 413. 00 feet to the TRUE POINT OF BEGINNING; thence continuing N00' 03 '45"E along said East line a distance of 2230. 62 feet to the East-West centerline of said Section 30; thence N89'48' 29'W along said East-West centerline a distance of 718. 68 feet to a point on the Easterly Right-of- Way line of Highway 85: thence along said Easterly Right-of-Way line the following courses and distances: S02'01 ' 20"W a distance of 1117. 90 feet:517' 16' 04'E a distance of 105. 90 feet; S02'01 ' 20"W a distance of 112. 30 feet: N87'06' 20"E a distance of 70. 26 feet: N87'06' 20"E a distance of 47. 00 feet; 546' 28' 34"W a distance of 66. 86 feet: 505' 50' 20"W a distance of 150. 30 feet; 502'01 ' 20"W a distance of 713. 16 feet to a point 413. 00 feet North of the South line of said Section 30; thence 589' 59 ' 30'E parallel with said South line a distance of 700. 04 feet to the TRUE POINT OF BEGINNING. Contains: 36. 626 acres more or less. Reserving any easements as recorded by instruments of recored or as now existing on said tract of land. e rne-0"',m COTTONWOOD WATER SKI CLUB, L.T. D. ZONE CASE NO. n �� "1- 3" DISTRICT TO A DISTRICT CENTER C-E 1/16 CORNER EI/9CCRNER SECTION JO cSECTI0N 30 SECTION 30 N 09•♦6'29"W-718.60 I o en N r. CONTAINS: I 36.626 ACRES+/- O O W E N OO N N W S a SCALE: I" ■ 3001 _ N 6• MIIMMEEMMI. S17•16104" E 0 CD t105.90 r 01 156 300' 6001 S N S02•01'20"W N 112.30 ta D / / N6;OO20"E ;Y 1 • N 67.0fi 20"E / 516. 20134"W o 70.26 II 66.66 p II o I I S 05•so'20"w I 150.30 I II I 1 I : II II all Y.', II iV NOTE: SEE SHEET 201 2 I FOR LEGAL OESCRIP- VV I �^ TION 6 APPROVALS a ii II I I 5 69.59 30"E-700.04 III 11 I E - - moo I I In 111 - - -I I I I I I \ I ta \\ c — — —I • I\\ \ I I j o 1 \ I I i I I J I— —— — la: N 60.59'!0"W 1325.00 S I/9 CORNER WELD COUNTY ROAD 4[w,E St IINN CORNER SAC CORNER SECTION 30 30 PREPARED BY : ALPHA ENGINEERING P.O. BOX 392 FT. LUPTON, CO. PH . (303) 573-5186 FILE NO. 30 - IN6-23 5, MARCH 1992 SHEET I of 2 r'--°f•^--.. COTTONWLJD WATER SKI CLUB , _.T. D. ZONE CASE NO. N N "I-3" DISTRICT TO A DISTRICT LEGAL DESCRIPTION_ All that part of the NW 1/4 of the SE 1/4 East of that portion conveyed to the ent 11399eatiPagey126, Weld County Records yand sall nthat part dof the SW 1/4ed September 7. 1954 in Book Cmission of Colorado of the SE 1/4 except the South 413.00 feet thereof and being East of that part conveyed to the State Highway Commission of Colorado by instruments recorded November 22. 1954 in atand instrument 6, 1954 n Book Page 40 Weld County Records. the Parcels all being r l in Section 30. 1407 Township1 North. Range 66 West of the 6th Principal Meridian. Weld County, Colorado, the balance being more particularly described as: Beginning at the Southeast corner of said Section 30; thence N89'59' 30"W on an assumed bearing along the south line of said Section 30 a distance of 1325.00 feet to the Southeast corner of the W 1/2 of the SE 1/4; thence N00'03'45"E along the East line of said W 1/2 of the SE 1/4 a distance of 413.00 feet to the TRUE POINT OF BEGINNING; thence continuing N00'03'45"E along said East line a distance of 2230.62 feet to the East-West centerline f said Section 30; • long said East-West centerline adistance of 718.68 feet to a point on the EasterlyaRight-0f- Way line of Highway 85; thence along said Easterly Right-of-Way line the following courses and distances: 502'01 ' 20"W a distance of 1117.90 feet;517' 16'04"E a distance of 105.90 feet: SO2'01 '20' 4 a distance of 112. 30 feet: N87'06'20"E a distance of 70. 26 feet: N87'06' 20'E a distance of 47.00 feet: 546'28'34'W a distance of 66.86 feet; S05'50' 20'W a distance of 150.30 feet; S02'01 '20"W a distance of 713. 16 feet to a point 413.00 feet North of the South line of said Section 30; thence 589'59' 30"E parallel with said South line a distance of 700.04 feet to the TRUE POINT OF BEGINNING. Contains: 36.626 acres more or less. Reserving any easements as recorded by instruments of recored or as now existing on said tract of land. aUR_VEYOR'S CE_RTIFICATE.: I hereby certify that this plat was prepared under my supervision; and that the same is correct to the best of my knowledge and belief. DATE: JOEL B. CROWE, L.S. 25937 Norman C. Speak, General Partner, PROPERTY OWNERS APPROVAL: I,Cottonwood Water Ski Club, Ltd. , a CO. Ltd. Part' ship. . being the sole owner(s) in fee of the above described property, do hereby request the zoning as shown on the attached map. Norman C. Speak, General Partner, Cottonwood Ski Club, Ltd. , a Colo. Ltd. Part'ship. The foregoing certification was acknowledged before me this A.D. . 19 . Witness my hand and seal. My commission expires: Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as shown and described hereon this day of • 19—. Chairman, Planning Commission ��A_D OP COIR+'1'Y COMMISSION&RS CB_RTIFICATION: This is to certify that the Board of County Commissioners. Weld County, Colorado do hereby confirm, approve and adopt this Zone Change as shown and described hereon this ____ day of 19 . ATTEST: Weld County Clerk to the Board Chairman, Board of County Commissioners By: DATE: Deputy Clerk to the Board SHEET 2of 2 PROPOSED REZON..IIG FROM 1-3 TO A COTTONWOOD WATER SKI CLUB LTD. The pit is operated by Albert Frei and Sons, Inc as the C&M Pit - MLRB Permit # M-81-231. At this point in time we estimate there is a 5 year reserve remaining. This depends on the demand for material in the market area. A STATEMENT EXPLAINING THAT THE CHANGE IN ZONING IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGICAL HAZARD AND WELD COUNTY AIRPORT OVERLAY DISTRICT AREA; OR THAT THE APPLICATION COMPLIES WITH SECTION FIFTY (50) , OVERLAY DISTRICT REGULATIONS AS OUTLINED IN THE WELD COUNTY ZONING ORDINANCE The property is 2, 250 east and more than 15 feet above the South Platte River. There are no other creek or drainages near the property. This property is not within one of the overlay districts mentioned above and Section 50 requirements do not apply. A CERTIFIED 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 (500) FEET OF THE PROPERTY SUBJECT TO THE APPLICATION See List following this text. A CERTIFIED LIST OF THE NAMES AND ADDRESSES OF MINERAL OWNERS AND LESSEES OF MINERALS ON OR UNDER THE PARCEL OF LAND BEING CONSIDERED. See List following this text. A COPY OF THE DEED OR LEGAL INSTRUMENT IDENTIFYING THE APPLICANT(5) INTEREST IN THE PROPERTY UNDER CONSIDERA- TION. IF AN AUTHORIZED AGENT SIGNS THE APPLICATION FOR THE FEE OWNERS(S) , A LETTER GRANTING POWER OF ATTORNEY TO THE AGENT FROM THE PROPERTY OWNER(S) SHALL BE PROVIDED See the copy of the Deed of Trust following this text. 5 enON.r�rn AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application Nu. Subject Property COTTONWOOD WATER SKI CLUB LTD. STATE OF COLORADO ) so. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. -D 1 The foregoing instrument was subscribed and sworn to before me this 7 day of t0 19qp_ , By (\tx- (r\Q. C ()CCU L., • WITNESS my hand and official seal. My Commission expires: ( _, ft Notary Public (/' / erflc+•-'e. AFFIDARTT OF INTEREST OWNERS .__._ SURFACE ESTATE Application No. Subject Property COTTONWOOD WATER SKI CLUB LTD. SATE OF COLORADO 1 se. COUNTY OF WELD 1 THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. 1 gic>,-- -ror C c -4:54\---- ir_ The foregoing instrument was subscribed and � sworn to before me this •= _ day of r 1 \ , 19 by Y1 l J Yv,A ._ c e1 p dct L WITNESS my hand and official seal. My Commission expires: \ ) (1 ) nn Notary Public SURROUNDING PROPERTY OWNERS AND OR SUBSURFACE ESTATE/MINERAL OWNERS USR-968, USR-969, Z-473 COTTONWOOD WATER SKI CLUB, LTD. C & M Ready Mix Concrete Co. P.O. Box 490 Niwot, CO 80544-0490 Carrol D. Godey and Ivan and Craig Collins 37632 WCR 37 Eaton, CO 80615 Steve and Caroline M. Brancucci 8120 East 104 Ave. Henderson, CO 80640 Ralph and Maxine Brenning 1212 Grant Street Longmont, CO 80501 Christian E. Hansen Sr. P.O. Box 869 Bonita, CA 91908-0869 Foster-Reed 12739 County Road 4 Brighton, CO 80601-9301 Eilfred E. and Ruth Luft Box 122 Brighton, CO 80601 Joseph A. and Marilyn K. Case 16100 Bromley Lane Brighton, CO 80601 Single Eagle Co. 9270 E. 136th Ave. Brighton, CO 80601 Jim's H2O Service, Inc. P.O. Drawer 2296 Gillette, WY 82176 Oil Well Perforators, Inc. 7775 S. Pioria St. Box F-2 Englewood, CO 80112 SURROUNDING PROPERTY OWNERS AND OR SUBSURFACE ESTATE/MINERAL OWNERS USR-968, USR-969, Z-473 COTTONWOOD WATER SKI CLUB, LTD. PAGE 2 Tony, David and Tod Finley 12750 WCR 14 Brighton, CO 80601 4° -t J ...-.. ADJACENT OWNERS PARCEL WITHIN 500 FT. ID NUMBER C&M Ready Mix Concrete Co. 1471-30-0-00-093 P.O. Box 490 1471-30-0-00-010 Niwot, CO 80544-0490 Godey, Carrol D. and 1471-30-0-00-009 Collins, Ivan and Craig 37632 WCR 37 Eaton, Co 80615 Brancucci, Steve and Caroline M. 1471-30-0-00-012 8120 East 104 the Ave. 1471-30-0-00-019 Henderson, Co 80640 Brenning, Ralph and Maxine 1471-30-0-00-016 1212 Grant St. Longmont, CO 80501 Hansen, Christian E. , Sr. 1471-30-0-00-092 P.O. Box 869 1471-30-0-00-078 Bonita, CA 91908-0869 Foster - Reed 1471-30-0-00-017 12739 County Road 4 Brighton, CO 80601-9301 Luft, Eilfred E. and Ruth 1471-30-0-00-018 Box 122 Brighton, CO 80601 Case, Joseph A. and Marilyn K. 1471-30-0-00-097 16100 Bromley Lane Brighton, CO 80601 Single Eagle Co. 1471-31-0-00-087 9270 E. 136th Ave Brighton, Co 80601 Jim's H2O Service, Inc. 1471-31-0-00-059 P.O. Drawer 2296 Gillette, WY 82716 Oil Well Perforators, Inc. 1471-31-0-00-067 7775 S. Pioria St. , Box F-2 Englewood, CO 80112 Finley, Tony, David and Tod 1471-31-0-00-085 12750 WCR 14 Brighton, CO 80601 6 4Nr MINERAL OWNERS LIST FOR THE PROPERTY Cottonwood Water Ski Club Ltd. 3382 Vivian Dr. Wheatridge, CO 80033 7 • ll DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET I p GREELEY,COLORADO 80631 C. COLORADO May 1, 1992 Cottonwood Water Ski Club, Ltd. c/o Norman Speak 3382 Vivian Drive Wheatridge, CO 80033 Subject: Request for a Change of Zone (Z-473) from I-3 (Industrial) to A (Agricultural) , a Use by Special Review and a Site Specific Development Plan for Mining (USR-968) , and a Use by Special Review and a Site Specific Development Plan for a Recreational Water Ski Facility (USR-969) , on a parcel of land described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Speak: Your application and related materials for the request described above are scheduled with the Weld County Planning Commission for June 2, 1992 , at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your applications. 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 Brighton Planning Commission for its review and comments. Please call Jim Sayre at 654-1638 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton Planning Commission Meeting to answer any questions the Commission members may have with respect to your applications. Cottonwood Water Ski Club, Ltd. c/o Norman Speak May 1, 1992 It is the responsibility of an applicant to see that signs are posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 20, 1992, you or a representative should call me to obtain signs to be posted on the site no later than May 23, 1992. The signs 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 certificates must be returned to the Department of Planning Services' office on or before the date of the hearing. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, 77- A. Schuett Current Planner KAS/sfr c s. _�.r" ., Hello