HomeMy WebLinkAbout941012.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SUBDIVISION PRELIMINARY PLAN - DOS RIOS
ESTATES, 2ND FILING, 0/0 JOYCE ALLELY
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
12th day of October, 1994, at the hour of 10:00 a.m. in the Chambers of the Board
for the purpose of hearing the application of Dos Rios Estates, 2nd Filing, c/o
Joyce Allely, 17 Dos Rios, Greelcy, Colorado 80634, for a Subdivision
Preliminary Plan on the following described real estate, to-wit:
Part of Section 34, Township 5 North, Range
66 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, Ken Merritt, Landmark Engineering Ltd. , represented said
applicant, and
WHEREAS, at said hearing on October 12, 1994, the Board of County
Commissioners, after hearing all of the testimony and statements of those
present, deemed it advisable to continue said matter to November 7, 1994, at
1:30 p.m. , to allow the applicant further time to resolve certain issues.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dos Rios Estates, 2nd Filing, c/o Joyce
Allely, for a Subdivision Preliminary Plan on the hereinabove described parcel
of land be, and hereby is, continued to November 7, 1994, at 1:30 p.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 12th day of October, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ateeMetith
WELD COUNTY, COLORADO
Weld County Clerk to the Board /, J ) /, 2
W. H.Webst , Ch irman
r �n
BY: 5/U &2 k-- ` I
Deputy Clerk to the Board Dal all, P -Te
APPROVED AS TO FORM: � ( I 44Geo gq(E. Baxter
if
t�
County At ovne Con tance L. Harbert
AMA_ J Amnterti
Barbara J. Kir eyer
941012
PL0915
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HEARING CERTIFICATION
DOCKET N0. 94-68
RE: SUBDIVISION PRELIMINARY PLAN - DOS RIOS ESTATES, 2ND FILING, C/0
JOYCE ALLELY
A public hearing was conducted on October 12, 1994, at 10:00 a.m. , with
the following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated September 21, 1994, and
duly published September 29, 1994, in the Windsor Beacon, a public hearing
was conducted to consider the request of Dos Rios Estates, 2nd Filing, c/o
Joyce Allely, for a Subdivision Preliminary Plan. Lee Morrison, Assistant
County Attorney, made this a matter of record. Gloria Dunn, Planning
Department representative, entered the favorable recommendation of the
Planning Commission into the record as written. Ms. Dunn noted, since the
Planning Commission hearing, two additional items were received: a
letter, dated September 14, 1994, from the City of Greeley Planning
Commission including two conditions, Exhibit E; and a traffic study, dated
October 1, 1993, from the Public Works Department, Exhibit K. She also
requested an item "g" be added to said resolution under "The subdivision
final plat submittal shall include the following:", regarding the
examination of the wetlands in accordance with the Army Corps of Engineers
letter dated August 4, 1994, and requiring the delineation and mapping of
any wetlands. Mr. Morrison also noted, for the record, that a letter, in
the form of a petition, dated September 30, 1994, Exhibit L, was submitted
today; and a letter from Basin Exploration dated October 11, 1994, Exhibit
M, was submitted yesterday. Ken Merritt, Landmark Engineering Ltd. ,
represented the applicant and stated the proposal is located near Weld
County Road 52 and 47th Avenue, adjacent to Weld County Road 396. He said
the subdivision will include 32 lots, ranging from 2.5 to 4.5 acres in
size. Mr. Merritt noted Dos Rios, 1st Filing, is to the west and
development will continue to the east, including off-site road
improvements. He said the intent is to maintain the property for
equestrian use, including an 8-foot wide equestrian trail along the
roadway. Mr. Merritt indicated the property will be taken out of
agricultural production in a phased manner, beginning along Alto Way on
the first eight lots. The subdivision will proceed east and then north
over time. He stated an initial planting of turf-type seed will minimize
erosion, and the delivery of water to Mr. Pirnie's property has been
addressed in a letter of agreement dated October 10, 1994, from Joyce
Allely, Exhibit F. Mr. Merritt also submitted a letter, dated October 10,
1994, concerning a road improvements proposal. In reference to the
petition submitted by surrounding neighbors, Craig Allely, son of Joyce
Allely, addressed the limited access issue and stated the small farm road
is not as platted in the original plat. Mr. Merritt reminded the Board
members the request would again come before them for the final plat, and
all issues would be addressed. He noted the letter from Basin Exploration
came as a surprise, since Ms. Allely has been working closely with Basin
over the last year. Mr. Merritt also indicated there is an existing well
and easements on the property, and additional easements will be
941012
na PC
RE: HEARING CERTIFICATION - DOS RIOS ESTATES, 2ND FILING, 0/0 ALLELY
PAGE 2
incorporated. He also mentioned Basin's intent for horizontal and
diagonal drilling and stated all issues will certainly be addressed, and
he reiterated all concerns will be resolved at the final plat stage. Mr.
Allely clarified Basin is not the only oil company with a leasehold and
noted this is the first indication of any problems. Mr. Merritt
reiterated Ms. Allely met with Basin numerous times over the past year and
stated nothing will be done which conflicts with oil rights. Responding
to questions from the Board, Mr. Merritt confirmed the 2nd Filing will be
tied in with the 1st Filing and explained the plans for extending and
paving roads. He clarified there is no intent to further improve the
roads in the 1st Filing; however, the shoulder will be increased 8 to 10
feet for an equestrian trail. Mr. Allely reiterated he was not aware the
farm access road was a problem and it was not part of the 1st Filing. He
clarified the road was not even owned by Ms. Allely when the 1st Filing
was platted, and when Ms. Allely purchased the property with said road on
it, it was not intended to be used for residential access. In response to
the Board, Drew Scheltinga, Public Works Department Engineer, recalled
discussions concerning Dos Rios' request for maintenance on said road. He
stated the road is not on the Weld County system, is not platted right-of-
way, and is not maintained by Weld County. Mr. Morrison referred to
Exhibit L and noted for the record that red indicates sections platted,
but unfinished; green indicates undedicated roads kept open by residents
who own tractors; and blue indicates the main road through the new
development. Mr. Allely stated the section platted, but unfinished, would
require another crossing of the Evans Ditch and is probably unnecessary.
Mr. Scheltinga noted the north/south road was originally platted for
further development, but it was never used. Mr. Merritt confirmed only
one access to 1st Filing exists; however, there will be one additional
access on Road 396 to 2nd Filing. Mr. Allely stated there are 25 platted
lots in 1st Filing, with homes on all lots except for two. The Board
voiced concerns regarding only one access to 1st Filing and the necessity
of emergency accesses. Mr. Merritt noted traffic impact was part of the
submittal, indicating the most impact being on Road 396, with an emergency
access off 47th Avenue by way of a dedicated easement. Discussion ensued
about connecting the cul-de-sacs, and Mr. Merritt indicated staff agreed
they should be separated for design and to prevent the creation of a "by-
pass". After further comments, Mr. Scheltinga indicated the paving of
Road 396 and 47th Avenue is not included in the Five-Year Plan and stated
he has not seen the letter from Ms. Allely concerning the road improvement
proposal. He explained the developer would share the paving costs
proportioned by the increase in traffic, and an agreement would be
required. Mr. Merritt stated, as a Condition of Approval, Ms. Allely is
required to provide on-going grading and dust mitigation, and as indicated
in said letter, the problems will be solved by contributing money for
paving. There was further discussion concerning emergency access, and Mr.
Scheltinga confirmed the existing gravel roads are fairly standard for a
subdivision. Pat Braddy, surrounding property owner, stated several
concerns, encouraged the Board to require irrigation water for each lot,
and answered questions from the Board. Jeff Wellborn, Attorney
representing Basin Exploration, stated he is unaware of any conversations
with the developer and first notice of this proposal was received on
October 3, 1994. He stated Basin is not opposed to or in support of this
development; however, he indicated no discussions have occurred at the
Denver Office level. Mr. Wellborn indicated Basin has had a lease with
Joyce Allely since 1981 and is planning two more drill sites on the lease.
He stated there has been no investigation of directional or diagonal
drilling and reiterated his concern that no discussions have occurred at
the Denver Office. Monty Kastner, Land Manager for Basin, presented a map
indicating the existing well and the existing and additional flow lines to
the production facility. He stated there is a road planned near the
existing well and a proposed home 100 to 200 feet from the well. Mr.
Kastner noted two acres in surface area are required to rework a well, and
there appears to be no space allowed for the additional drilling sites.
941012
RE: HEARING CERTIFICATION - DOS RIOS ESTATES, 2ND FILING, C/O ALLELY
PAGE 3
He also indicated the location of CIG's gas easement and 24- to 30-inch
main gas line. Mr. Wellborn indicated the goal is to work with the
developer and reach an agreement for future designation of drilling and
flow line sites. Commissioner Harbert suggested a lack of communication
at Basin, and Mr. Wellborn reiterated he was unaware of any communication
and was not noticed for the Planning Commission hearing. Commissioner
Kirkmeyer confirmed that Basin was listed as a mineral lessee. Mr.
Morrison clarified the gas lines and easements owned by CIG and Public
Service have been addressed through correspondence, Exhibits 13 and 18,
and the development will be detailed with respect to said easements. He
noted building and zoning setback requirements also exist. Dick Pirnie,
surrounding property owner, stated concerns about his license to have a
structure for collecting water in the borrow pit and whether the structure
can be moved. Mr. Morrison suggested an agreement among the applicant,
the County, and Mr. Pirnie for the delivery of the water. Mr. Scheltinga
stated he sees no problem with the structure as long as it does not become
a traffic hazard. Hugh Arnold, surrounding property owner, indicated Road
396 is difficult to maintain and definitely would need a hard surface with
the new addition. He also stated concerns about traffic traveling west
since the two subdivisions will be tied together. Mr. Merritt stated the
conversations occurred with a local representative from Basin, and not
with Denver; however, he has notes indicating the location of the well,
lines and 200-foot setback requirements per said conversations. He
indicated negotiations need to continue with Basin and all issues will be
addressed appropriately. Mr. Merritt confirmed the limitations noted in
the correspondence from Coastal (CIG) and Public Service will be respected
and stated it is necessary to relocate Mr. Pirnie's structure 100 feet to
the south to divert the water back into the river as required. He
suggested Mr. Pirnie execute another license to continue the use of the
water and agreed to do whatever is necessary to provide water to Mr.
Pirnie, with the Engineer's direction. Mr. Merritt agreed there will be
some traffic traveling west; however, paving Road 396 should lessen the
impact to the west. He reiterated the 2nd Filing will generate under 200
trips per day and the traffic will use the improved roads. He also agreed
that weeds are a concern; however, a cover will be provided to mitigate
dust, the homeowners may be able to purchase irrigation water from the
City of Greeley. Mr. Merritt referred to photographs of Dos Rios 1st
Filing and noted the maintenance of vegetative cover by domestic water,
indicating some sort of irrigation water system could be made available.
He stated the oil company issues, Mr. Pirnie's structure, and the
irrigation system will be resolved by the Final Plat stage. He then
submitted a copy of the revised draft covenants for the record as Exhibit
J. Discussion ensued concerning disclosure of easements on the plat, and
Mr. Morrison clarified the approved subdivision plat will show easements,
roads, lot lines, etc. , and suggested the limitations provided by Public
Services and CIG be included as a note on the plat. Mr. Merritt stated
Basin's full approval would be gained, including a proposed agreement
and/or revisions to the site design to accommodate Basin's needs. Mr.
Morrison noted the final plat must comply with the preliminary plan and
modifications could present problems; therefore, he would feel more
comfortable if no final decision was made today. Mr. Allely stated
concerns and requested this hearing be continued to allow more time to
further address matters with Basin and Weld County. Commissioner Hall
expressed concerns about the adjustment of roadways and accesses.
Commissioner Harbert agreed the roads and accesses need to be addressed
and stated an adequate emergency access must be provided in the area. Mr.
Morrison stated there is a possible alternative access in terms of
ownership, since the Allelys own the farm to the west over which the farm
road is located. Commissioner Hall also stated the plan to pave 2nd
Filing and not pave 1st filing is not efficient or consistent, and the
subdivision should be maintained as one development. He stated the
western exit must be addressed and questioned whether the unfinished
platted road proposed to cross the Evans Ditch must be completed as a
941012
RE: HEARING CERTIFICATION - DOS RIOS ESTATES, 2ND FILING, C/O ALLELY
PAGE 4
Condition of 1st Filing. Commissioner Hall reiterated that 1st Filing and
2nd Filing should be addressed as one development. Commissioner Harbert
objected to the paving of 1st Filing and noted the residences also object
to paving. She commented on other older subdivisions with gravel roads
and compared the cost of lots in 1964 to the cost of lots today.
Commissioner Harbert also noted the developer will pave the new lots and
suggested only Alto Way be paved. Commissioner Baxter also suggested both
Filings be addressed at the continuance hearing, as well as accesses,
paving, and the oil issues. Mr. Merritt reiterated all issues will be
addressed, including off-site road access to the west, and noted the
Allelys are one of 25 owners in 1st Filing. Mr. Allely clarified 1st
Filing was developed by Dos Rios, Inc. , and Ms. Allely was not involved.
Commissioner Kirkmeyer reiterated the road, irrigation water, and wetlands
issues must all be addressed. Mr. Morrison indicated the 1st Filing roads
may be evaluated as off-site accesses similar to Road 396. After further
discussion, Commissioner Kirkmeyer moved to continue the request of Dos
Rios Estates, 2nd Filing, c/o Joyce Allely, for a Subdivision Preliminary
Plan. The motion was seconded by Commissioner Harbert, and it carried
unanimously.
This Certification was approved on the 17th day of October, 1994.
APPROVED:
ATTEST: ilizeldth BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
Weld County Clerk
h
k to the
�Board
& y��j✓���Q �
By: al �_ 1 V, Lt� W H. Webster, Chair an wv �
Deputy C rk to the Board /
Dale
Hall, Pro
TAPE #94-39
V'Geo e . Baxter
DOCKET #94-68
Constance L. Harbe t
PL0915
Barbara J. Kir meyer
941012
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 Subdivision Preliminary Plan 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 shall be advised
in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
DOCKET NO: 94-68 APPLICANT
Dos Rios Estates, 2nd Filing
clo Joyce Allely
17 Dos Rios
Greeley, Colorado 80634
DATE: October 12, 1994
TIME: 10:00 a.m.
REQUEST: Subdivision Preliminary Plan
LEGAL DESCRIPTION: Part of Section 34, Township 5 North, Range 66 West of
the 6th P.M. , Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 52; west of and adjacent
to 47th Avenue
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: September 21, 1994
PUBLISHED: September 29, 1994, in the Windsor Beacon
&X + D 941.137
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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
srormissioners of Weld
County, dldradd," `Weld
CounM Centennial Center.91 ,
AFFIDAVIT OF PUBLICATION
10th Street, First Floor,
Greeley,Colorado,at the time
All persons in any
manne
r interested in the STATE OF COLORADO
Subdivision Preliminary Plan a 5$
are requested to attend and
may be heard. COUNTY OF WELD
•
Should the applicant or any I, ROGER A. LIP �p interested party desire the t"( "; of said County of Weld, being duty
presence of a court reporter to sworn,say that I am publisher of •
make a record of the proceed-
ings,in addition to the taped
record which will be kept dun WINDSOR BEACON
ing the hearing, the Clerk to
the Board shall be advised in
writing of such action at least a weekly newspaper having a general circulation in said
five days prior to the hearing.
cost of engaging a courtCounty and State, published R.in the town of WINDSOR, in
The
reporter shall be borne by the said County and State; and that the notice, of which the
requesting party. annexed is/a true copy, has been published in said weekly
BE IT ALSO KNOWN that the for 60 successive weeks, that the notice was
teal and maps so certified by ublish to the regular and entire issue of every number of
the Weld County Planning P
Commission may be examined the paper during the period and time of publication, and in
in the office of the Clerk to the the newspaper proper and not in a.supplement,lame and that
Board of County - PaPe P Pe PP r11.
Commissioners,located in the the first publication of said notice was in said paper bearing
Weld County Centennial date of the
Center,915 10th Street,Third the �,.J -Y
Floor,Greeley,Colorado. m'"7_t day of_ 2,11-t z'r^-�� , A.D., 1941°77 and the
DOCKET NO:94-68 last publication bearing the date of the
_day of A.D., 19_ and that
APPLICANT Dos Rios the said WINDSOR BEACON has bean published
Estates, 2nd Filing, 17 Dos
Rios, Greeley, Colorado continuously and uninterruptedly for the period of 5
80634 consecutive weeks, in said County and State. nbr to the
c/o Joyce Allely P'
date of first publication of said notice, and the same is a
DATE:October 12,1994 newspaper within the meaning of an Act to regulate printing
of legal notices and advertisements, approved May 18,
TIME:10:00 a.m. 1931, and all prior acts so far as in force.
REQUEST: Subdivision
Preliminary Plan •
LEGAL DESCRIPTION: Part • i./\
•
of Section 34, Township 5 J �B ISHER
North,Range 66 West of the
6th P.M.. Weld County,
Colorado C!4/f/
Subscribed and sworn to before me this—' day of
LOCATION: South of and -. lC 2,,..4trr.. (�y�g19 '71/
adjacent to Weld County Road
a .. `�
52; west of and adjacent to
I 47th Avenue i .di(
BOARD OF COUNTY COM- NOTARY PUBLIC
MISSIONERS
WELD COUNTY.COLORADO My commission expires /
BY:DONALD D.WARDEN
WELD COUNTY CLERK TO
THE BOARD
BY:SHELLY K.MILLER
DEPUTY CLERK TO THE
BOARD
DATED:September 21,1994
Published in the Windsor
Beacon en S%Wombat 29,
1994.
•
911197
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-68, was placed in the United States mail, first
class mail, postage prepaid, addressed to the following property owners.
DATED this t ?UoQ day of >bite icb.tt , 1994.
PUBLIC SERVICE COMPANY OF COLORADO
DOS RIOS ESTATES, 2ND FILING 500 PRUDENTIAL PLAZA
C/O JOYCE, DONALD, CRAIG, AND ERIC 1050 17TH STREET
ALLELY DENVER, CO 80265-0501
17 DOS RIOS
GREELEY, CO 80634 JEANNETTE MILO
CORNELIA RAISLEY
JEANNETTE MILO 1611 20TH AVENUE COURT
CORNELIA RAISLEY GREELEY, CO 80631
1611 29TH AVENUE COURT
GREELEY, CO 80631 RICHARD AND NANCY MARSHALL
4990 47TH AVENUE
RICHARD LUSTER GREELEY, CO 80634
JULIA OUSKA
24 DOS RI0S MICHAEL STARK
GREELEY, CO 80634 KAREN LORD
5000 47TH AVENUE
THOMAS AND FAYE HUDDLESTON GREELEY, CO 80634
23 DOS RIOS
GREELEY, CO 80634 STEVEN HAMMERS
5110 47TH AVENUE
WILLIAM, JR. , AND PATRICIA HUMPHRIES GREELEY, CO 80634
3 DOS RIOS
GREELEY, CO 80634 DAN AND MELINDA CARSON
4903 46TH AVENUE
DICK AND VIRGINIA PIRNIE GREELEY, CO 80634
4813 WEST 54TH STREET ROAD
GREELEY, CO 80634 MARVIN AND RUBY OGDEN
4931 46TH AVENUE
JAMES UTZINGER GREELEY, CO 80634
18 DOS RIOS
GREELEY, CO 80634 LARRY AND LYNDA PETERSEN
P.O. BOX 4415
STEVEN AND DEANNA BUTHERUS ESTES PARK, CO 80517
19 DOS RIOS
GREELEY, CO 80634 EDWARD AND ELISABETH WIRICK
4550 51ST STREET
PATRICK AND MARY BRADDY GREELEY, CO 80634
5311 54TH STREET ROAD
GREELEY, CO 80634 ROBERT AND GLORIA BECK
5300 47TH AVENUE
PAUL SPECK GREELEY, CO 80634
1938 7TH AVENUE
GREELEY, CO 80631
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CERTIFICATE OF MAILING - DOS RIOS ESTATES, 2ND FILING
PAGE 2
ESTHER SCHANK
4020 WEST 54TH STREET ROAD
GREELEY, CO 80634
WEST HILL-N-PARK, INC.
P.O. BOX 929
GREELEY, CO 80632
EDWIN C. AND GERTRUDE M. PIRNIE
BOX 40
45254 WELD COUNTY ROAD 81
BRIGGSDALE, CO 80611
DEBORAH E. MCCRARY
1992 FORREST HILLS ROAD
PRESCOTT, AZ 86301
JUDITH E. KOLB
5895 EAST CALLE DEL CIERVO
TUCSON, AZ 85718
NORDIC PETROLEUMS, INC.
9745 EAST HAMPDEN AVENUE
DENVER, CO 80231
BASIN OPERATING COMPANY
370 17TH STREET, SUITE 1800
DENVER, CO 80202
AEON ENERGY COMPANY
777 SOUTH WADSWORTH BOULEVARD
LAKEWOOD, CO 80226-4349
7 �,
Deputy Clerkoto the Board
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