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Home My WebLink About930604.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. 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 14th day of July, 1993, at 10:00 a.m. for the purpose of hearing the application of Fort Collins Orthopaedic Associates, P.C. , 2500 East Prospect Road, Fort Collins, Colorado 80525, requesting a Change of Zone from A (Agricultural) to E (Estate) for a parcel of land located on the following described real estate, to-wit: Part of the SE* of Section 9, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Gary Tuttle, Tuttle Applegate, Inc. , 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 proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies. The goals and policies allow for the conversion of agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed this proposal and has no objections to the proposed Change of Zone, and indicated a willingness to annex the property. b. The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses which include rural residences, the Town of Windsor, and agricultural production. c. Windsor has verbally indicated a desire to provide water and sewer service to the site. However, the applicant has indicated using Windsor's public sewer would not be economically feasible. Public water is available from the North Weld Water District. 930604 CHANGE OF ZONE - FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. PAGE 2 d. Existing street and highway facilities which provide access to the properties will require improvements to Weld County Road 19 and extension of Weld County Road 70 along the southern border of the proposed site. e. The proposed rezoning property does not contain a commercial mineral deposit as demonstrated in the submitted application materials. f. The application has shown that soil conditions on the site present moderate limitations to the construction of structures or facilities proposed for the site and can be overcome prior to the development of the property. g. No overlay districts affect the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Fort Collins Orthopaedic Associates, P.C. , requesting a Change of Zone from A (Agricultural) to E (Estate) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. Prior to recording, the following notes shall be placed on the Change of Zone plat: a. Water service shall be provided by North Weld Water District or the Town of Windsor in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Windsor. c. Improvements on Weld County Road 19 shall be required of the applicant and shall conform to the criteria set forth by the Colorado Department of Transportation access code and the Weld County Engineering Department. d. No access shall be permitted from Llama Lane. e. All construction activities that disturb more than five (5) acres shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 930604 _ CHANGE OF ZONE - FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED DATE OF SIGNING (AYE) J� ]� �/` (1 n Constance L. Harbert, Chairman CD/LCBY: Deputy rkK o I ! Y�x-K�-��the Board W. f. W* P2em J} — APPROVED AS TO FORM: -c-rc_. Pro George Baxter County Attorney vale K. Hall 4,64.44_ j ,QA_ arbara J. Kirkmeyer 930604 HEARING CERTIFICATION DOCKET NO. 93-47 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. A public hearing was conducted on July 14, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated June 21, 1993, and duly published June 24, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Fort Collins Orthopaedic Associates, P.C. , for Change of Zone from A (Agricultural) to E (Estate) . Bruce Barker, County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Mr. Thompson noted for the record, however, the Planning Commission's Condition of Approval #2, concerning the executed agreement with the property owners for right- of-way, has not been met. He explained there have been problems because a parcel is for sale and suggested continuing said matter until the documentation is obtained and reviewed. Mr. Barker clarified the Planning Commission's Resolution is only a recommendation, and the details were discussed at that hearing. He suggested considering the matter for approval and requiring said documentation as a Condition of Approval. Gary Tuttle, Tuttle Applegate, Inc. , represented the applicant and stated a representative is working to obtain said agreement at this time. After discussion, Commissioner Kirkmeyer moved to continue said matter until 11:00 a.m. today, July 14, 1993. The motion, seconded by Commissioner Webster, carried unanimously. Upon reconvening, Mr. Tuttle explained the proposed site is near Weld County Roads 70 and 19. The intent is to create a rural-type subdivision and indicated the compatibility with the comprehensive plan and surrounding area. He said there is a total of 97 acres, with 30 lots of 2s to 3 acres in size, with horses to be allowed on the larger lots, and explained water, septic, and utilities. Mr. Tuttle indicated access off Road 19 is a possibility and discussed irrigation water, covenants for the home-owners association, platting, drainage, trails, and the canal. He reiterated the Planning Commission approved the matter unanimously, and the Town of Windsor has a problem with the septic systems only, because they would prohibit annexation. He read into the record the June 8, 1993, letter from the Town of Windsor to the Planning Department requesting review involvement. Mr. Tuttle explained the problem with acquiring 30- foot right-of-way from the property owners to the south is due to the fact that the land is under contract, which is not settled. He said they will continue to pursue the matter; however, there is 400 feet of frontage on Road 19 where they could relocate the road and redesign the surrounding area. Chairman Harbert stated concerns because there is no loop for fire protection. Mr. Tuttle said the road could be extended to allow for two places of ingress and egress in the final plan. He further explained the road would be taken half-way on the first filing and further on second 930604 RE: HEARING CERTIFICATION - FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. PAGE 2 filing to create a circulation system. Discussion ensued concerning acceleration and deceleration lanes on Road 19, the slope of the land, and whether there was seepage from the canal. Mr. Barker noted that Drew Scheltinga, County Engineer, is now present to answer questions concerning the extension of Road 70 and address Conditions of Approval #ld and Ik2a. Mr. Scheltinga said he doubted right-of-way on the south side exists; however, he does not know whether the applicant has researched that. He feels this is proper development for the area, but Roads 19 and 70 do need to meet and line up. Mr. Scheltinga said the physical engineering is not usually addressed at the Change of Zone stage. Chairman Harbert suggested putting Road 70 through to the lake as a private access. Mr. Scheltinga stated maintenance is the Board's option inside subdivisions and confirmed a local improvement district was previously formed to pave Road 70 between Roads 21 and 19. Commissioner Kirkmeyer questioned if the right-of-way to the south was not obtained, could the plan be changed to access from Road 19. Mr. Scheltinga said access from Road 19 would be possible and it would be difficult to require the property to the south to be acquired. He reiterated the detail of Roads 70 and 19 should not be considered at the Change of Zone stage. Mr. Tuttle suggested building 30 feet on the north and letting the other owner build the south 30 feet. Again in response to a question from Commissioner Kirkmeyer, Mr. Scheltinga explained access off Road 19 is viable; however, there are concerns. He recommended building one-half of the arterial section on the north side, as opposed to accessing from Road 19. Bonnie Beer, adjacent property owner, stated concerns about storm drainage, the provision of covenants promoting a harmonious environment to retain similar value, maintenance of open space, and allowing the participation of a representative from Llama Lanes association. Ms. Beer responded to the Board stating the development borders three sides of their property. In response to a question from Commissioner Hall, Mr. Thompson said after the rezoning, a sketch plan, preliminary plan, and final plan all have to be approved, with the latter two requiring Board approval. Mr. Barker clarified it is unusual to require such Conditions of Approval in the rezoning stage; however, it may be necessary to get the process going. Chairman Harbert noted there is now a State requirement that subdivisions' home-owner associations have covenants. Adolph Winter, surrounding property owner, said he is not opposing development or change; however, he voiced concerns about the irrigation system and farming. Mr. Winter explained in detail problems with new owners and subdivisions in the area and answered questions from the Board. Mr. Barker explained for Mr. Winter that problems with other Planned Unit Developments would need to be referred to Planning for violations, and the Board cannot hear those complaints today. Mr. Winter requested others be made to comply with rules and regulations of all local authorities before any permits are issued and to stop interference with the irrigation ditches. Mr. Barker suggested Mr. Winter enforce the rules of the ditch company. Jack Winter, surrounding property owner and president of the ditch company, suggested widening the right-of- way on the plat and allowing for setbacks prohibiting structures from the ditch. He made further comments concerning fencing for a safety zone and the need for adequate space in the final plat. Chairman Harbert suggested restricting fencing beyond the ditch's 20-foot right-of-way. Jack Winter said at least 20 feet needs to be required, and the plat needs to be changed before the final stage. He said they are trying to avoid problems and going to court; however, they are getting very poor cooperation. He reiterated the need to burn the ditch and the negative effects of accessing from Road 19. After further discussion, Mr. Tuttle confirmed the surrounding property owners' concerns will be taken into consideration. Commissioner Hall asked Mr. Tuttle to include the concerns regarding noxious weeds, rights-of-ways, etc. , in the covenants. Mr. Tuttle confirmed that would be addressed. After further discussion, Commissioner Kirkmeyer moved to approve the request of Fort Collins Orthopaedic Associates, P.C. , for Change of Zone from A (Agricultural) to E (Estate) , based on the recommendations of the Planning staff and the 930604 RE: HEARING CERTIFICATION - FORT COLLINS ORTHOPAEDIC ASSOCIATES, P.C. PAGE 3 Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster. Mr. Barker reminded the Board to address the requirements of Condition of Approval llld concerning the extension of Road 70 and Condition of Approval 02a concerning the executed agreement. Mr. Thompson stated Mr. Scheltinga's recommendation indicated county collector standards; however, during his testimony today, Mr. Scheltinga mentioned arterial standards, which would make a difference in the right-of-way width required. Mr. Scheltinga reiterated the discussion is a step ahead because there is no physical evidence of the intersection or proposal. Normally right-of-ways are not dedicated at the rezoning stage. He indicated the Town of Windsor's referral communication is also necessary concerning its standard for that road. Mr. Scheltinga said it may turn out the only reasonable way to build that road is to have right-of-way on the south side of the section line, but we may be ahead of ourselves by saying that. He recommended not giving any indication to anyone that right-of-way will not be required. Commissioner Hall recommended removing Conditions of Approval Old and 02a for the time being. Commissioner Kirkmeyer agreed to amend her motion to include the deletion of Conditions of Approval 01d and 02a, with Commissioner Webster agreeing. Mr. Thompson questioned whether there would be adequate access to this site without that issue being addressed. Commissioner Kirkmeyer said the County Engineer indicated adequate access could be provided from Road 19, and it would be addressed when the plat plan is considered. She stated the applicant is still in compliance with Section 21.5, and the motion carried unanimously. This Certification was approved on the 19th day of July, 1993. APPROVED: ATTEST: ! !I BOARD OF COUNTY COMMISSIONERS nf r �" WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED DATE OF APPROVAL BY: 41I.t.( t -r-nuatiim, Constance L. Harbert, Chairman Deputy Trerk to the Board fi t - 1? W. H. ,4lebster, Pr�Tem TAPE 1193-25 rge . Baxter DOCKET #93-47 ' Da e K. Hall PL0062 Ia // �'4� 4flJy,Ai / . G(/rbara J. Kirkme 930604 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14th DAY OF July 1993: DOCKET It 93-47 - Change of Zone, Fort Collins Orthopaedic DOCKET 7t 93-48 - Amended USR, Conquest Oil Company DOCKET It DOCKET It PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING Orth.vb R-0Cb.LA n\% £eef 8%$o Llarna laAL,W�t vJw, Co MSS° cr, , z . jCtib lit ( Ytl 4'1j ( j tf s tie 93QG^4 SHLET Z- Ca Case a --4/79 f._. Dr�h97Qe'c /� (r'S A53-66 Exhibit Submitted By Exhibit Description 6/(f A. /2-6!"2/P,219 L7 j4-11- cfeE mp B• /26' • C��L�G�7t G' s/�n� •1 ie G'yL. 4/4, c. 7.--- rt/ui f . f-inyn ae uO2z)-12.2 �ECc.- �/g D. & A- 6 //2,L_ ,4'iA2L hi 7L/ EQA6-77 S? E. `L16/?i./.GQy JIr C� CG .t'-7- :4/S-t. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 930604 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Ft. Collins Orthopaedic Associates Case Number: Z-479 Submitted or Prepared Prior to Hearing At Hearing 1. Application 41 pages X 2. 3 Application plats and map X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. 3 DPS Maps Prepared by Planning Technician X 7. DPS Notice of Hearing X 8. DPS Case File Summary Sheet X 9. DPS Field Check X 10. Oil and Gas Conservation Commission referral X letter, dated June 10, 1993 11. Town of Windsor referral letter, dated June 8, X 1993 12. Town of Severance referral, dated June 9, 1993 X 13. Weld County Engineering Department referral X memorandum, dated May 27, 1993 14. Weld County Health Department referral X memorandum dated, May 20, 1993 15. Windsor Fire Department referral, dated May 18, X 1993 16. Notarized Planning Commission Sign Posting X Certificate 17. June 9, 1993, letter regarding Planning X Commission Sign Posting Certificate not notarized 18. Planning Commission Sign Posting Certificate X not notarized 19. Certificate of mailing of surrounding property/ X mineral owners, dated May 14, 1993 20. Surrounding property/mineral owners letter, X dated May 13, 1993 21. Affidavit of interest owners surface estate, X dated May 12, 1993 22. Mineral/subsurface estate owners/lessee of X record list submitted by applicant 23. Affidavit of interest owners minerals and/or X subsurface estate, dated May 12, 1993 Exhib/f A 930604 INVENTORY OF ITEMS, Z-479 Fort Collins Orthopaedic Associates Page 2 Submitted or Prepared Prior to Hearing At Hearing 24. Names of owners of property within 500 feet-list X submitted by applicant 25. Letter from Michael and Bonnie Beer, dated May X 26, 1993, concerning this case 26. Letter with 10 pictures from Greg and Cathy X Tuttle, dated June 8, 1993, concerning this case 27. Letter to applicant indicating complete X application, dated May 13, 1993 28. Copy of memorandum indicating no right-of-way X along south side of Section 9, from Sharon White, Planning Technician, to Keith Schuett, Current Planner, dated May 12, 1992 29. 22 pictures, on 6 sheets of cardboard backing, X submitted as evidence at Planning Commission meeting on June 15, 1993 30. Resolution of Recommendation from Planning X Commission to Board of County Commissioners, dated June 15, 1993 I hereby certify that the 30 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 17, 1993. C� Current P]/ann STATE OF COLORADO ) COUNTY OF WELD SUBSp,LBED„AND SWORN TO BEFORE ME THIS f 1 day of S J)at 19q3 f L 0 i k di Y w. ^'•P V L\ NOTARY PUB IC • ate My CbmIliisstfon Expires 930604 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: 1 CASE NUMBER: Z-479 APPLICANT: Fort Collins Orthopaedic Associates, P.C. ADDRESS: 2500 East Prospect Road, Fort Collins, CO 80525 " REQUEST: Change of Zone from A (Agricultural) to E (Estate) . Ln LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19, and North of Weld County Road 70. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed this proposal and has no objections to the proposed change of zone, and indicated a willingness to annex the property. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include rural residences, the Town of Windsor, and agricultural production. Windsor has verbally indicated a desire to provide water and sewer service to the site. However, the applicant has indicated using Windsor's public sewer would not be economically feasible. Public water is available from the North Weld Water District. Existing street and highway facilities which provide access to the properties will require improvements to Weld County Road 19, and extending Weld County Road 70 along the southern border of the proposed site. L7eh;hi71-B 930604 RESOLUTION, Z-479 Fort Collins Orthopaedic Associates, P.C. Page 2 - The proposed rezoning property does not contain a commercial mineral deposit as demonstrated in the submitted application materials. - The application has shown that soil conditions on the site present moderate limitations to the construction of structures or facilities proposed for the site and can be overcome prior to the development of the property. No overlay districts affect the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. Prior to recording, the following notes shall be placed on the change of zone plat: a. Water service shall be provided by North Weld Water District or the Town of Windsor in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Windsor. c. Improvements on Weld County Road 19 shall be required of the applicant and shall conform to the criteria set forth by the Colorado Department of Transportation access code and the Weld County Engineering Department. d. Improvements on Weld County Road 70 shall be required of the applicant along the southern border of the property. The improvements shall be to the Town of Windsor collector street standards with a 60 foot right-of-way, 40 feet of pavement from flow line to flow line and 5 feet of sidewalk. e. No access shall be permitted from Llama Lane. f. All construction activities that disturb more than five (5) acres shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 930604 RESOLUTION, Z-479 Fort Collins Orthopaedic Associates, P.C. Page 3 2. Prior to scheduling before the Board of County Commissioners, the applicants shall submit the following documents to the Department of Planning Services to ensure that street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district: a. an executed agreement with property owners to the south allowing the applicant to acquire a 30-foot right-of-way on both sides of the east/west section line for the extension of Weld County Road 70 to provide access from Weld County Road 19. Motion seconded by Jean Hoffman. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Bill O'Hare Judy Yamaguchi Juliette Krokel Don Feldhaus Shirley Camenisch Bud Clemons The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Becky Schoenfeld, 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 15, 1993. Dated the 15th of June, 1993. A inCl(4°C1-}) Becky Schoenfeld Secretary 930604 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION June 15, 1993 Page 2 The Chairperson asked if Ed Frank was in agreement with the Planning staff' s recommendation. Ed Frank replied that it was okay. The Chairperson asked if there was anyone in the audience who would like to speak for or against the application. No one wished to speak. Bud Clemons moved that Case Number USR-1017 for a Site Specific Development Plan and a Special Review permit for an Accessory Structure over 1500 square feet in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Motion Seconded by Richard Kimmel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - obtained; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Z-479 APPLICANT: Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19 , north of Weld County Road 70. Gary Tuttle, representative for Fort Collins Orthopaedic Associates, stated that this project is north of the Town of Windsor. It is located at Weld County Roads 19 and 70. The site is approximately 97 acres. The area is outside Windsor' s Primary Growth Boundary. This area is outside of where Windsor will be developing within the next 10 to 15 years. The applicant feels the change of zone is justified because of the changing conditions in the area, there are many rural residences in the area. There is the Prerd Himmel Planned Unit Development to the north and east of the property and the subdivisions of Antelope Hill and Kennedy, and on Weld County Road 70 there are four or five Recorded Exemptions. There will be 30 lots , the size will be approximately 2.5 acres to 3 acres. The larger lots will allow horses and will help reduce agricultural problems. The larger lots will be to the north. Public Service and Poudre Valley REA will be handling utilities , North Weld Water will be supplying water, there will also be irrigation water for the site, the Windsor-Severance Fire Protection District will be handling fire protection, the lots will have individual septic. The access to the property is along the section line. Interior open space system of trails for walking, horse riding, and bicycling will be controlled by a homeowners' association. The applicant does not want the subdivision to be annexed into Windsor because of the large costs involved in public sewage disposal the applicant would need to have smaller lots to cover the , x/2i b; t �' 930604 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION June 15, 1993 Page 4 Greg and Kathy Tuttle, surrounding property owners , were concerned about potential flooding. The small cement ditch to the south of their property runs of onto their property. Kathy Tuttle stated any rain intensifies the flooding. She wants to warn potential buyers of these lots to spare people from going through her experience. Bill O'Hare asked if they developed the lot themselves. Greg Tuttle replied no, that Pferd Himmel PUD was the developer. Bill O'Hare then asked if the developer was aware of flooding and what could be done to help. Greg Tuttle replied that larger culverts would help, because the ones in place now are undersized. Greg Tuttle also stated that about six years ago Weld County Road 19 flooded. Bill asked where is the return flow. Greg Tuttle stated #2 Ditch. Kathy Juengst, surrounding property owner, also had concerns about flooding. Kathy Juengst did state that the problems are not unsolvable, but the Fort Collins Orthopaedic Associates would need to work with the Homeowners' association of Pferd Himmel to work on drainage problem. She also wanted to make sure that the covenants between Pferd Himmel and the new subdivision would be harmonious with their PUD. Jean Hoffman asked if the applicant had met with the Homeowners' Association of Pferd Himmel. Mr. Tuttle replied that they would meet with them. Kathy Juengst stated that they have talked to Dr. Callopy. Bud Clemons asked what would help the water flow. Kathy Youngst stated that the ditches need to be widened to withstand and contain flow. Judy Yamaguchi asked how long the property owner has lived there. Kathy Youngst stated five years. Gary Tuttle stated that there has been no flooding on the farm, and the roads and foundations will be engineered in the proposed subdivision to provide for poor soil. Gary Tuttle stated that the drainage issue is an engineering matter that will be handled on the final plat not this hearing. Gary Tuttle stated they do not want to create problems and will work with the surrounding property owners. Charles Callopy, Developer and on-site farm manager, stated that Gary Tuttle altered the flow of the ditch and caused his own flooding problem. Charles Collopy also stated that the Fort Collins Orthopedic Associates gave Greg Tuttle the culvert and Mr. Tuttle has not installed it to date. There is natural drainage and there have been no problems on the farm. Kathy Juengst returned for a follow up statement, stating that she has seen the crops flooded and lost on the farm in the past few years. Judy Yamaguchi stated that this meeting was just to change the zoning and the flooding issues would be dealt with during the subdivision process. 930604 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. 93-47 Fort Collins Orthopaedic Associates, P.C. 2500 East Prospect Road Fort Collins, Colorado 80525 DATE: July 14, 1993 TIME: 10:00 A.M. REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the SE* of Section 9, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 19, and north of Weld County Road 70 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge, Deputy DATED: June 21, 1993 PUBLISHED: June 24, 1993, in the Windsor Beacon EX b,fL 930604 NOTICE APPLICANT: Fort Collins Pursuant to the Orthopaedic zoning laws of the Associates, P.C., State of Colorado 2500 East and the Weld Prospect Road, County Zoning Fort Collins, AFFIDAVIT OF PUBLICATION Ordinance, a Colorado 80525 public hearing will STATE OF COLORADO be held in the DOCKET NO. 93- Chambers of the 47 ss Board of County COUNTY OF WELD Commissioners of DATE: July 14, I, KEITH HANSEN, of said County of Weld, being duly Weld County, 1993 Colorado, Weld sworn,say that I am publisher of County Centennial TIME: 10:00 A.M. WINDSOR BEACON Center, 915 10th Street, First Floor, REQUEST :E Q U E S T a weekly newspaper having a general circulation in said Greeley, Colorado, Change of Zone at the from A County and State, published in the town of WINDSOR, specified. time in said County and State; and that the notice, of which P (Agricultural) to E the annexed is a true co has been published in said persons in any (Estate) copy, manner interested weekly for / successive weeks, that the notice was published in the regular and entire issue of every in the following LEG AL proposed Change DESCRIPTION: number of the paper during the period and time of of Z de n e Part Cof the SE N: publication, and in the newspaper proper and not in a /4 supplement, and that the first publication of said notice requested to of Section was in said paper bearing the date of the attend and may be Township 6 North, heard. Range 67 West of 2 day of , A.D., 19 113 and the 6th P.M., Weld the last publicati bearing the date of the Should the County, Colorado applicant or any day of A.D., 19_ and interested party LOCATION: West that the said WINDSOR BEACON has been published desire the of Weld County continuously and uninterruptedly for the period of 5 presence of a Road 19, and consecutive weeks,in said County and State, prior to the court reporter to north of Weld date of first publication of said notice, and the same is a make a record of County Road 70 newspaper within the meaning of an Act to regulate the proceedings, printing of legal notices an advertisements, approved in addition to the BOARD OF May 18, 1931, and all prior cts r as in force. taped record COUNTY which will be kept COMMISSIONER during the hearing, S, WELD • the Clerk to the COUNTY , P USHER Board's Office COLORADO p shall be advised in Subscri d and sworn to before me this 2-9 day day writing of such BY: DONALD D. of CL 19 93 action at least five WARDEN, CLERK /J��J days prior to the TO THE BOARD U, J hearing. The cost /// NOTARY PUBLIC of engaging a BY: LINDA M. court reporter shall DODGE, Deputy My commission expires J9y x I Q ?ha be borne by the requesting party. Published in the Windsor Beacon BE IT ALSO on June 24,1993. 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, 930604 Greeley, Colorado. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket 1193-47, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this o7 nntt day of f� J , 1993. Deputy Clerk to the Boar Brooks Exploration, Inc. Raymond and Gloria Winder Attn: Mr. John Klee 34681 Weld County Road 19 621 17th Street, Suite 2255 Windsor, CO 80550 Denver, CO 80293 Ronald and Charlyne Kruger Gregory and Cathy Tuttle 34006 Weld County Road 19 8961 Llama Lane Windsor, CO 80550 Windsor, CO 80550 Mark and Kathryn Lewis Duane and Deborah Bertsch 9067 Weld County Road 70 8975 Llama Lane Windsor, CO 80550 Windsor, CO 80550 John and June Paral Michael and Bonnie Beer 9125 Weld County Road 70 8880 LLama Lane Windsor, CO 80550 Windsor, CO 80550 Marlyn Tienne Stephen and Catherine Juengst 10481 Weld County Road 66 8960 Llama Lane Windsor, CO 80550 Windsor, CO 80550 Amigo Farms, Inc. Judith ann Scherpelz and 1200 Carousel Drive, Suite 100 Charles Michael Bosley Windsor, CO 80550 34107 Weld County Road 19 Windsor, CO 80550 Adolph Winter 822 Locust Richard and Roberta Gritz Windsor, CO 80550 512 C Main Windsor, CO 80550 Norman K. and Georgia C. Johnson 8120 Weld County Road 72 Carl and Dorothy Breniman Windsor, CO 80550 Greeley National Bank Trustees 1603 9th St. Fort Collins Orthopaedic Associates, Greeley, CO 80631 P.C. Profit Sharing Plan and Trust Hergert Limited Partnership 2500 East Prospect Road 36652 Weld County Road 23 Fort Collins, CO 80525 Windsor, CO 80550 930604 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th Street Road Greeley, Colorado 80634 (303) 356-6506 June 17 , 1993 • Weld County Department of planning services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 RE: Case Numbers: Z-478, Z-479, S-339 Dear Sir or Madam; At their meeting on June 14, 1993 , the West Greeley SCD Board oC Supervisors reviewed the referrals listed above. The major concern of the board in all three of these cases is the potential for erosion and noxious weed problems. Maintenance of a healthy vegetative cover is the easiest way to avoid both problems. One possible method of avoiding these problems would be to require livestock confinement to a small corral area, and also require a grass cover at least 6" in height be maintained on pastures at all times. Thank you for the opportunity to express our concerns. Sincerely, gticn Dwayne K. Newman Resource Conservationist • cc: SCD file JUN 2 1 1993 UI LAX/)ibif E -manor 930604 mEmoRAnDum Clerk to the Board June 21, 1993 To Date COLORADO From Greg Thompson, Current Planner Z-478 and Z-479 Subject: West Greeley Soil Conservation District has submitted their referral for the above-mentioned cases. I am forwarding the referral to you so the information may be incorporated in the case files in your possession. Thank you. Enclosures 930604 June 15, 1993 CASE NUMBER: Z-479 APPLICANT: Fort Collins Orthopaedic Associates, P.C. ADDRESS: 2500 East Prospect Road, Fort Collins, CO 80525 REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19, and North of Weld County Road 70. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed this proposal and has no objections to the proposed change of zone, and indicated a willingness to annex the property. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include rural residences, the Town of Windsor, and agricultural production. Windsor has verbally indicated a desire to provide water and sewer service to the site. However, the applicant has indicated using Windsor's public sewer would not be economically feasible. Public water is available from the North Weld Water District. Existing street and highway facilities which provide access to the properties will require improvements to Weld County Road 19, and extending Weld County Road 70 along the southern border of the proposed site. The proposed rezoning property does not contain a commercial mineral deposit as demonstrated in the submitted application materials. 930694 RECOMMENDATION, Z-479 Fort Collins Orthopaedic Associates, P.C. Page 2 The application has shown that soil conditions on the site present moderate limitations to the construction of structures or facilities proposed for the site and can be overcome prior to the development of the property. No overlay districts affect the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. Prior to recording, the following notes shall be placed on the change of zone plat: a. Water service shall be provided by North Weld Water District or the Town of Windsor in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Windsor. c. Improvements on Weld County Road 19 shall be required of the applicant and shall conform to the criteria set forth by the Colorado Department of Transportation access code and the Weld County Engineering Department. d. Improvements on Weld County Road 70 shall be required of the applicant along the southern border of the property. The improvements shall be to the Town of Windsor collector street standards with a 60 foot right-of-way, 40 feet of pavement from flow line to flow line and 5 feet of sidewalk. e. No access shall be permitted from Llama Lane. f. All construction activities that disturb more than five (5) acres shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 2. Prior to scheduling before the Board of County Commissioners, the applicants shall submit the following documents to the Department of Planning Services to ensure that street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district: a. an executed agreement with property owners to the south allowing the - applicant to acquire a 30-foot right-of-way on both sides of the east/west section line for the extension of Weld County Road 70 to provide access from Weld County Road 19. 93°604 LAND-USE APPLICATION SUMMARY SHEET Date: June 15, 1993 CASE NUMBER: Z-479 NAME: Ft. Collins Orthopaedic Associates, P.C. ADDRESS: 2500 East Prospect Road, Ft. Collins, CO 80525 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19, north of Weld County Road 70. SIZE OF PARCEL: 97 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Engineering. 2. Weld County Health Department. 3. Windsor Fire Protection District. The Department of Planning Services' staff has not received responses from the following agencies: 1. Town of Severance. 2. Oil and Gas Conservation Commission. 3. Lake Canal. 4. Greeley Soil Conservation District (Meeting on Monday June 14, 1993) . The Department of Planning Services' staff has received one inquiry and one letter from surrounding property owners. 930604 104. . . 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Pi fit : ' 43: gd ... �y, . q4 hpy II t $X :it.y y F ,ti t F Y it' 4'....i, 3 Yf$ YjIP .t.F� XK g{� Z. t y, .F x`744; tf. t" r. „. , ,44, .S" t s: t J ' fl ,!- , .: ' tt I`N t. • s �`' ;t tt • ,t '#�xY . *i "•••,„.,,, a« REZONING APPLICATION se 11 21 - Y'79 Weld County, Colorado Dept. of Planning Services App. Ch'd By: )A' Date Rec'd:5_6a-q3 915 10th Street App. Fee: S2 ,QC7 Receipt 11: Igaps Greeley, Colorado 80631 Record. Fee 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 concern' • the proposed rezoning of the following described unincorporated area . = 'LiiiJfi Colorado: LEGAL DESCRIPTION: ` II MAY 1 2 1993 SEE ATTACHED DEED S RECORDED EXEMPTION - •.AignMn- (If additional space is required, attach an additional sheet) Property Address (if available) : SE a, Section 9, T6N, R67W PRESENT ZONE AgAicaP.tuka€ PROPOSED ZONE E4.tate TOTAL ACREAGE 97i Arhe6 OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Fotut Co.2,2.tn. Uh-thopaedic Ahhoci.ute, PC Home Telephone 11: 1-800-722-7441 Address: PhoW Shahi.nq flan S TAUet Bus. Telephone //: 493-0119 2500 Eabt Pho6pect Road Font Cotttnvo, CO 80525 Name: Cogheono (bhrnhatioo Home Telephone 11: 1-800-722-7441 Address: 2500 Eazt Phohpec-t Road Bus. Telephone 11: (303) 493-0112 Fort Cottcws, CO 80525 Name: Home Telephone 11: Address: Bus. Telephone 11: Applicant or Authorized Agent (if different than above) : Name: Home Telephone 11: Address: Bus. Telephone 11: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: v Name: Bhooh6 ExpkohatLon Inc. ATTN: John Klee Address: 621 - 17th S-t&eet. State 2255, Donvon, ('U 80993 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 --:c day of (..C'/T '.tX.- , 19 X33 . SEAL ✓✓ _ NOTARY PUBLIC My Commission expires: ,7 - A( 93C6 '4 CRTE10PAEDiC' Ri t KIES ',JCi�I:llf Jl. May 12, 1993 Mr. Robert Van Dopp TUTTLE: APPLEX3AITE Mn 11990 Grant Street #410 Denver, CO 80233 e.na::i r.M.ivmen,M L' near Bob: Lie C.rater,xD: FFERn HIMMEG TRACT, Windsor Rite"' So°c' K° Per your request, this will clarify the ownership of the Pferd t; ics ::._ Himmel farm in Windsor. The Orthopaedic Center of the Rockies, P.C. Profit-Staring Plan owns 90% of the property and Cogreen, Inc. owns 10%. Cogreen, Inc. is a family corporation of Dr. Charles T. Iron k. M Coilopy, a retired partner of the Orthopaedic Center. Dr. Collopy received 10% of the property upon retirement as a dist -ibution in V.,r!OA Fl.Duncan,N.r.. kind from the profit-sharing plan. He, in return, i _,l ied this distribution into a family corporation. o.Mh `.r.nahu ,M l If you have any additional questions regarding the ownership of this property, please feel free to contact me. Nm:d.A D. s„„ Yours truly, D.i.ut ?4D N�n9h pM.G. 1 SCOTT M. 'MOMS Ecathjve Director �✓1 CF,vL L c,:tli rr.. l- SKr:k ffff Post It"brans fax transmittal memo 7671J#of pages . To 1/4 rom co Dept Phone u Fax Fil.00iFax x d../47.5 Jct :5,7)tecc jE,ir dl,r °A rea;1. ,_„‘)h@}-'v1; 7 1 . e 8 0991 REC 01920040 05/11/8:4 16'22 46.00 1/002 . . , AH19dOOV0 F 0064 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO State nii ton,iee PERSONAL REPRESENTATIVE'S DEED Date.p.-.,,,-...ll. 11YY6699 - UNDER COLORADO FIDUCIARIES' POWERS ACT $ .6 2..1 _. _J This Deed, made by Jacob H. Stromberger and John " Stromberger, as Personal Representatives of the Estate of - - Henry Stromberger, Deceased, Grantors to the following Grantees, to wit: J. M. C. Company Pension Trust - an undivided .947% rte.` . .. c.r,- -wad" • J. M. C. Company Profit-Sharing Trust - an undivided 3.158% - Fort Collins Orthopedic Associates, P.C., Pension Trust - an undivided 16.4211 - - - ' Fort Collins Orthopedic Associates, P.C., Profit- Sharing Trust - an undivided 51.789% - Fort Collins Orthopedic Associates, P.C., Second -- Pension Trust - an undivided 5.053% - Fort Collins Orthopedic Associates, P.C., Second Profit-Sharing Trust - an undivided 12.632% Charles T. Collopy, P.C. Profit-Sharing Trust - ,. an undivided 5.0% Charles T. Collopy - an undivided 5.0% C & The address of all Grantees being 1200 East Elizabeth Street, cir Fort Collins, Colorado 80524. - - WHEREAS, Grantors are the qualified Personal Repre- 't'. st., • sentatives under the Last Will and Testament of the decedent, y _. which Will was admitted to Probate on the 30th day of December, IC - 1981, by the District Court in and for the County of Weld, State of Colorado, Case No. 81 PR 324; - NOW, THEREFORE, pursuant to the power conferred upon _ Grantors by the Colorado Fiduciaries' Powers Act, and for valuable consideration, Grantors sell and convey to Grantees the real property described on Exhibit "A" attached hereto and by reference incorporated herein. Executed this 9th day of March, 1983. aco ro rgar, -P sons epresentative of the Es to of Henry Stromberger, Deceased . r c r t . JohJJr Strombe'Pgek Co-1erssnal Representative of the Estate of Henry Stromberger, Deceased STATE OF COLORADO ) 66 - COUNTY OF WELD ) - The foregoing instrument was acknowledged before me this 9th day of March, 1983, by Jacob H. Stromberger and John - . + Stromberger, Co-Personal Representatives of the Estate of Henry Stromberger, Deceased. . ` �Y Trl,', • No ry b i - . • - . : '.scat, .r,- Address: . 'M/'eommxs�lon Expires:�'.yf3 NM 530 CMLLkr NATIONAL PLAZA 930604 4 , . / atasar, m 60668.61/94 g Cr C' ' ' LI _ t. .. . P 0991 REC 01920040 03/11/93 16.22 46.00 2/002 . r 0065 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO - • EXHIB1T "A" Commencing at the Northwest Corner (NW Cor) of the Southeast Ouarter (SE1/4) of Section Nine (9). Township Six (6) North. of Range Sixty-seven (67) West of the 6th P.M., County of Weld, State of Colorado; . running thence East about 100 feet to the North line of the Lake Canal; • thence South 57' East, 122 feet; thence South 16'51' East. 150 feet; thence South 57'21' East, 231 feet; thence South 30'36' East, 180 feet; thence South 50'56' East, 125 feet; ' thence North 84'34' East, 291 feet; thence South 3'46' East, 241 feet; , ' . thence South 31'41' East, 135 feet; thence North 86'18' East, 191 feet; . thence South 47'36' East, 133 feet; --- thence South 2'41 ' East. 215 feet; thence South 42'6' East, 285 feet; thence North 87'39' East. 135 feet; . thence North 43'4' East, 134 feet; thence North 19'34' East, 380 feet; thence North 16'4' East. 154 feet; thence North 31'4' East, 125 feet; thence North 14'36' West, 364 feet; thence South 47'36' East, 510 feet; thence South 36'6' East, 84 feet; thence South 82'46' East, 134 feet; thence North 77'44' East, 210 feet; thence South along the East boundary of said Section 9, 1997 feet to the Southeast Corner (SE Cor) of said Section 9; thence West along the South boundary line of said Section 9 to the South Quarter Corner (S1/4 Cor) of said Section 9, 2611.2 feet: thence North along the North and South center line of said Section 9 to the Place• of Beginning. With all appurtenances, water and water rights, including four (4) shares of The Lake Canal Irrigation Company and four (4) shares of The Challgren Lateral Company; subject to the 1983 real property taxes, rights of way for county roads, • existing roads, highways, ditches, utilities, pipelines of record or excepting on said premises, rights of way recorded in Deed in Book 25, Page 2, Weld . County records, rights of way for outlet from The Windsor Reservoir as shown in instrument recorded in Book 163, Page 83, Weld County records, and oil and _ • gas lease recorded in Book 840, Reception No. 1762435, Weld County records. • 930624 . �� t i 411". • 1 MA t, re , It.cts t ii s ' I t IS" at HO' 4001 i AIM✓ALAbC 71 Seal*: re 400' .i -- POUND e▪ ns sit LOCATION PA AP eras: leer MrM an St $4 Sr. 9, tut,fl7S 7 _ ' It 3. 7 Ink P. clr• .70. I L w i •., lii_k LOT A ,i 4 cit` 9' a 110 At. San 1 k i' 41..* 1049 At. Rif t; '' 02/.061 At. MN h '� Z N. 71.0E:s6 l IOW' 7. 078.05.36"WKS•H� w W h C c=/70./7' e'as.00'a•/50.0000" ti • } Ch= /rS.57'N•63.05'3G"W M ID N L•26•/1'Rses.00'a+60.00'00' p e b i y Ch• ZS.00'5.7/•54 84 4e ti r+ j I� y0 lY #' LOT a L•66.40'R:6rO.Ca'a:JGYNit ~ -- ch.66.37' N.BN09'47"W p ' /00.0 Acres 4 N.ts•St'1f'E. It 35.116. W N,rza a$. nr$1ls7�' ef.s/•az.rs• I a`i r o) —v . .-- 4 r' sin,rh .... . .. • Sir 9, 1.• - . .. I 930624 < 6 1. RZC 02230602 10/12/00 1Sr66 .00 2/003 ij4 � ;,, r 2143 MAST AIIM riuifufirn CLEM & faca It WILD CO, Co tIci RECORDED EXEMPT/ON M2 0007-09-4-REfl7 'i, Ih SHEET t s't II '' ccillk e.7. •a ti re . /147814 ! IrY __ 3 6 if •' pa' M' Sr N' Immill We ' l A #' II sees: 1-.4 .- -s R w 17 , Ha s.wIi w Wage lI raw LOCATION NAP ' Mar r SOW „!fir �AU.M Ian SEP Sc. P.rest, etl:i7S-- {y H �1 4} • 41,,; of-e I i I I , � l 1 O 'V' - li a !lit o. It { j Cat 1 . �,I�� 4a • SZ11 �' L./70.,7.4."... , new K I .:I S. A1+rtssre.wer •W.. I LolA Ii /t , , 3r Lot B szrsrnzr �' • t ;I t S7 Acres Mar a I` ci Lnet I , k 14 t # I I s�� -awitt AS BEM Sot , tier,ROTS r-- r , 1 Nd1AE A Msl11T.MC. 1231•9th Mom m srwMy,Cobras Roan 084mappx1. ,d F '3E it ! B 1279 REC 02230602 10/19/90 15245 • � ' >15.00 C0, CO1 , 111, .k F 2141 'MS ANN FEUERETEIN CLERK i R1 `B0ER WELD 0, C I RECORDED EXEMPT/Ol'NN NO. O807- O9•- !t -RE ':::; ii:i �f : . i - F 4 SHEET 3 or 3 t l 1 r ‘O's 1 1 I $ ti g8 p 1 I , y) .* 8A ee ;, QQdlIJJ s' i 1a1- i : . 0 % g 1 0'. 50• �' no' I ,�� , , 4176175:16-�6r! I9l^ : v ti n HN»n ./f• // �/' I v d 2 V V ti PUO.L Scales I*s100" ' {,,,r I4,0 % ^yo V s.os' . o /j}•rebor temp LS ' A s C I% ��ti0 es,000 2� t7613:e .Y 4.06tH/Yp ` °I t �~ .A1 1 "es.. c°'s CGS./s' 4 R<<►ZO AC'j, ,.ir . R f y51 6b B � "' 7 _ �� a �dq,�.___ Col K.ST ,, .. ,.\,. /,� s 4 ' �„ /J"eI a f�7t1 .I'frody 8 �/' ;,' ,; ^ itvid ti ' . rl tll / v �tel tM 4„ - f Ui L o1 A 3.000 Acree �` ' ` Ii,, .1*. Cc; No a 1.v �. : , , ; a {i g k v : L b ; , cri Y 9014.1 % 11 II N.896/3-00"E. 469.32' dip H $ i ii D cy ' 't pefo/'/ of Lo/ A r—Lof B o j}Z`vs `y, r i ` . . S. t 4{ 4 1 Lyf"_1 r� SURVEYOR'S CERTIFICATE �, i �� ° ., ' '` I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION AND THAT HE SALE IS ` i ,ro a • aI CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 57 ' 4 • (iF M 411.1ri 11 app 11 GERALD B. McRA , PROFESSIONAL ENGINEER AND " :1• LAND SURVEYOR, COLORADO REG. NO. 6616 ,f1 .. fell THIS PLAT IS ACCEPTED AND APPROVED FOR FILING: E2�_ �PAR'fR L• ' 4 D ENT Or—F7.,1 j •�, - e rooks STATE OF COLORADO 6) }# ' I . J , COUNTY OF WELD )ss pI ( •s It 'r •• THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME 11115 fY 4 ,. , rii - ' I tAY OF_O�e.Aeetta._ A.D.. 1 WITNLSS M ' f '4 ..__i.. ' •• SEAL. MY COMMISSION EXPIRES: 4_B— 41 _ - a REZONING NARRATIVE -for- PROPOSED ESTATE SUBDIVISION Intersection Weld County Road 19 and Weld County Road 70 PREPARED FOR: FORT COLLINS ORTHOPAEDIC ASSOCIATES P.C. PROFIT SHARING PLAN AND TRUST 2500 East Prospect Road Fort Collins, CO 80521 PREPARED BY: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 (303) 452-6611 TA #93-126LS May, 1993 9346414 TABLE OF CONTENTS PAGE Introduction & Justification 1-2 Compatibility With Comprehensive Plan 3-8 Case No. 322 PUD Sketch Plan 9-11 Proposed Development 12-13 Public Improvements 14-18 EXHIBITS/MAPS Exhibit Al Town of Windsor Planning Influence Map Exhibit A2 Town of Windsor Future Landuse Plan Exhibit B Urban Boundaries Map Exhibit C Weld County Thoroughfare Plan Exhibit D Utility Letters & Water Service Exhibit E Soils Map, Soils Data & Information SOURCES OF INFORMATION 1987 Weld County Comprehensive Plan 1980 Weld County Soils Survey Southern Part 1992 Town of Windsor Comprehensive Plan 1992 Weld County Review Comments, Case No. 322 1992 Aerial Photo 1993 On-site Surveys and Field Investigations April/May TA #93-126LS May, 1993 9306C4 INTRODUCTION The 97 acre subject parcel is located in the Southeast quadrant of Section 9, Township 6, Range 67. The property bounds along Weld County Road 19 and has direct access to Weld County Route 19. This property lies approximately one mile north of Windsor, with the Southeast corner opposite the intersection with Weld County Road 70. The property is presently zoned Agricultural (A). We request a change of zoning to a Residential use; Estate Zone (E). The proposed Subdivision will be a large lot, rural residential subdivision with amenities for horse owners. Single family residential will be the only land use along with phased- out agricultural use. All homes in the proposed subdivision will be built with custom features, with minimum required square footage on the first floor. (On-site constructed or possibly custom manufactured homes). The home and any other accessory buildings, fencing, and landscaping will be strictly regulated by covenants and architectural controls. The lots with views will be oriented toward the west and the mountains. -1- 930684 JUSTIFICATION Prior to discussion about the Weld County Comprehensive Plan, It is important to justify the need for the rezoning. State law indicates the property may be rezoned if there is an error in the original District Zone Map or if conditions in the area have changed since the District Zone Map was prepared which would allow property to be rezoned. 1. We contend in the vicinity of the site conditions have changed within the last ten years. The primary changes are the extended growth in both Greeley and Windsor moving toward this site. This property is immediately adjacent to the Northern town limits of Windsor, and only 4.5 miles from the city limits of Greeley (See City of Windsor Influence Map, Exhibit A1). The property is located within the Urban Growth Boundary designated in the County's plan (See Exhibit B from the Weld County Comprehensive Plan). 2. New home construction in the Himmel PUD immediately north of the site, and east along Weld County Road 70 has added to the change in the immediate neighborhood. The Weld County Subdivisions of Antelope Hill and Kennedy (20- 25 homes) lie approximately two miles east of the subject property. Continued residential growth three miles north and west of the Town of Windsor in Larimer County has changed the land characteristics within the area (i.e. Highland Hills and Ptarmigan Subdivision). -2- 93C6t4 3. During the initial subdivision of the farm in this quarter section, three lots were developed north of this property in 1988 (Himmel PUD). Also a three acre lot was added as a recorded exemption in 1990. Along the frontage of Weld County Route 70 immediately east of this property, four recorded exemptions have been approved in the last five years (See Aerial Photo). According to public records, approximately ten recorded exemptions have been approved allowing the residential use in the agriculture zone, within three miles of the subject property. 4. The demand for single family estate lots in the greater Greeley, Fort Collins, and Windsor areas which accommodate country living and large domestic animals continues to grow. Also residential lots are needed which can accommodate out buildings, corrals, open space for riding, and other activities. COMPATIBILITY WITH THE COMPREHENSIVE PLAN Agricultural Policies An overview of the agricultural policies state that it is the intent to preserve prime agricultural land in Weld County and that development should be encouraged to be within a municipality's environs. -3- 9306P4 The proposed rezoning of this property to Estate will be compatible with the agricultural policies as written in the 1987 Weld County Comprehensive Plan. The subject property lies within the Windsor Growth Influence Area and is adjoining the Windsor Town Limits on the southern boundary. According to the agricultural land policies, "the policy is intended to promote conversion of agricultural land in an orderly manner that is in harmony with the phased growth plans of a municipality and the County. It is intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban type uses. The Estate Zone, being a new zoning category, allows for larger lot residential development (2-1/2 acre minimum) which will reduce incompatibilities with adjacent agricultural uses. The Estate Zone land area requirements allow for greater spacing of residential dwellings, and each lot can be as large as 20 acres maximum in size. The cost incurred for public improvements such as extension of water lines, other utilities, and roadways will not be a cost to the Weld County taxpayers. These public improvements will be borne by the developer and the prospective lot owners. The direct and indirect public impacts on the County's tax base will be negligible. All improvements for this subdivision including school impacts fees and fire protection will be returned by the added tax base of residential properties versus the existing agricultural use on the property. -4- 9306'4 Weld County will not be responsible for any public sewer or water service to this property. This tract has not been identified as overlying a large or commercial mineral deposit, No oil/gas companies have a presence on the property and the present owners are anticipating no production wells in the future. Urban Growth Policies (See Exhibit Al, A2, and B) Upon review of the Urban Growth policies, this proposed rezoning meets the listed criteria in the Weld County Comprehensive Plan (1987), and The Town of Windsor Comprehensive Plan (1992). As mentioned earlier, the property does lie within the Weld County Urban Growth Boundary. This proposed development is bordered by undeveloped properties zoned Planned Residential Development which are within the limits of the Town of Windsor. However, annexation by the Town of Windsor for this property is remote. The subject property lies outside of the Town's Primary Growth Area Boundary. In the Windsor Comprehensive Plan, the Future Land Use Plan (Figure 17) delineates the Primary Growth Area Boundary northern limits as the adjoining property to the south. On page VI - II the following is stated: -5- 9306C4 "The Future Land Use Plan (see Figure 17) establishes a primary growth area for the Town of Windsor. Annexation of land within this area is contemplated in the next 10 to 15 years, based on a general growth pattern moving outward from the core area of the community. Land not currently within the Town's corporate boundary, but in the primary growth area, essentially makes up the "annexation plan" for the community. The primary growth area was used in the analysis of the Town's utility systems." On page VI 13 the following statement relative to the Primary Growth area is also given. "Determination of the boundary for the primary growth area was based on analysis of utility capacity, projected population growth, land absorption, circulation patterns, environmental constraints, and from discussions with citizens and Town officials. Areas outside the primary growth area include presently annexed portions of the Town to the north and south. However, it was felt that extension of services to these locations would not occur (and was not feasible) within the time frame of near-term growth. The Future Use Plan is a core element of the comprehensive plan and illustrates the desired future land use pattern for the Town of Windsor. -6- 930604 The Town of Windsor Annexation Policy also requires unincorporated areas to extend public sewer and water from the Town's infrastructure to the property. The nearest public sewer infrastructure is over 1-1/2 miles from the subject property, within the built up area along Colorado Route 392 and would incur extensive off-site costs, which would make this property economically unfeasible to develop. Public sewer for this property cannot be designed without lift stations and public water is immediately accessible from the North Weld County Water District lines lying in Weld County Road 19 and Weld County Road 70. The Estate (E) rezoning for this property is similar with the Town of Windsor's Estate Residential "E" District which allows larger lot development of one acre minimum, with large domestic animals. Public facility and service impacts for this development are compatible with the Comprehensive Plan's transportation public facility and service goals. This is demonstrated by the public improvements the developer will construct and by the proposed covenants, restrictions, and easements on the property. This in turn will allow for orderly and compatible growth which conforms to the Urban Growth Boundary Policies. -7- 930604 Residential Policies It is the intent of the developer to accommodate the residential goals and policies as stated in the Weld County Comprehensive Plan. The development will provide affordable quality housing and provide adequate public facilities. Being in close proximity to the Town of Windsor and directly accessible from Weld County 19 and Weld County Road 70, fire and police protection, road maintenance, school and community services will be readily available to this property and its future residents. The Estate Zone for this property is the most compatible with the existing surrounding land use for the following reasons: 1. The developer shall incur the full expense for public infrastructure improvements, i.e. access, interior roads, domestic water supply, lawn irrigation supply, open space, amenities, and public utilities (gas, electricity, telephone). 2. The developer will provide a declaration of covenants and restrictions to retain property values and allow for construction, maintenance, and upkeep of common open space and provide for architectural controls. 3. This development will provide opportunities for constructed houses as well as custom manufactured housing for prospective buyers. -8- 930604 4. This development will be a phased development to accommodate the present on- site agriculture use and be compatible with the present adjacent property uses. 5. With the addition of common open space in the proposed development, portions of the property will remain for passive recreation uses and provide area for buffers and screening from adjacent properties. CASE NO S-322 APRIL, 1992 PUD SKETCH PLAN Prior to this Estate rezoning application, a PUD rezoning submittal was made in April, 1992 on this property in behalf of the same owners. Case No S-322, was a Planned Unit Development (PUD) sketch plan known as Flyway Acres. The proposed PUD of approximately 62 lots had significant higher density then this Estate Rezoning Application. Out of the total tract of 97 acres the approximate net acreage for lots under the Estate Rezoning request will only allow possibly 31 lots to be developed. 930604 -9- We have had the opportunity to review this prior application and the responses from the appropriate agencies for Case No S-322 and the following is presented: 1. On-site Sewage Disposal With the minimum lots size for the Estate Zone at 2-1/2 acres a number of the concerns relative to on-site septic disposal will be addressed. A geologic and soils report will at a future date be prepared for accommodation of each on-site septic system. (See also Public Improvements Section Water & Sewer). 2. Access/Roads The intended minimum right-of-way widths will be 60 feet for all internal streets. The main access of 60 feet ROW to the subdivision will align directly west and opposite of Weld County Road 70. A 30 foot public ROW dedication on the south side of section 9 will be proposed by the applicant. According to records, an additional 30 feet on the north side of Section 16 (off-site) has been reserved by the Ordinance of October 12, 1889 already. Access through to Uama Lane shall be for emergency/fire access only and only if desired by the appropriate review agencies. -10- 930604 3. Mineral Resources Upon research, there are no oil and/or gas wells at present in all of Section 9. The mineral ownership is retained by the applicant/owner and there is no intent on developing these resources on this property, any time in the future. 4. Soil Conservation It is the intent of the applicant to provide a limited number of lots for large domestic animals which the Estate Zoning allows. With an internal irrigation system and limits on corral size, the future owners can control soil erosion and airborne dust. Sediment Control Facilities will be used during construction to control on and off-site soil erosion. 5. Storm Drainage & Management Improved storm drainage systems shall be utilized to convey upstream off-site runoff safely through the subject property. During the subdivision process, necessary drainage reports, evaluations, and studies will determine the location of these facilities. The applicant shall also provide sufficient stormwater management detention facilities for the possible increase of surface runoff for this property. -11- 930694 PROPOSED DEVELOPMENT The proposed Estate Subdivision is located within the Urban Growth Boundaries as designated in the Weld County Comprehensive Plan. This project will benefit Weld County and its citizens by promoting efficient land use, provide open space, and preserve a phased portion of the agriculture use for the property. Presently the site is an irrigated parcel with the crops being corn and alfalfa. Approximately 20 of the 97 acres are in alfalfa in the southwest and southeast corners of the property. Approximately ten acres of the upper portions of the property along Lake Canal are presently being used for access roads and are fallow. The project will combine the land uses of residential lots and passive recreational open space. The developer wishes to create and maintain high property values by creating a residential subdivision with a distinct identity and provide improvements in the common open space. The property is adequately served by public services and facilities. Telephone and electric lines are located in the roadway of Weld County Road 19 and Llama Lane and are available to this project. In addition, North Weld County Water District (NWCWD) has water mains in Weld County Road 19 and Weld County Road 70. Gas service along Colorado Route 392 one mile south could be extended to the site if commercially feasible by Public Service Company and the owners. -12- 930604 The proposed uses for this subdivision are compatible with surrounding land uses and a portion of the property will be phased from agriculture (crop growing) to residential during the development of the project. On the west and south sides, the predominate land use is agricultural. Generally it is row crop or forage crops. There are five residential units on the north and eastern side of the project. These existing homes lie upon three to four acre parcels. We feel the residential use of this Estate Subdivision will be similar and maintain the value of these adjacent residential properties. This proposed development will qualify as an Estate Zone because it presents a phasing of the development for large lot residential units, buffers the adjoining agriculture uses, and provides open space land and corridors for paths, trails, and passive recreation pursuits. -13- 930604 PUBLIC IMPROVEMENTS Access and Roads (See Exhibit C) Weld County Road 19 is designated by the County as a local roadway (60 foot right-of- way). This project proposes a residential street connection with this County road along the Section line with the adjacent southern owner and also dedicating some land. The access point is located so it will align directly opposite Weld County Road 70. The desired amount of stopping sight distance from the north and south will be obtained. Existing traffic flow on Weld County Road 19 will not be interrupted by this residential local street. With this street addition, a safer intersection will be obtained at the intersection of Weld County Roads 19 and 70. To the north of the property, Weld County Road 19 goes over a gentle rise which does not limit sight distance. Considering a 55 mph speed limit and the downhill grade for the County road the desirable stopping sight distance is 750 feet. The access point into this property is over 1,200 feet from the crest of this rise and Llama Lane and, therefore, presents a safe condition. The sight distance to the south toward Windsor is open and presents no sight distance problems. -14 930604 Our future circulation plan will propose a road way system with pavement. In addition, a secondary access via the adjoining property to the north is available for emergency purposes only. In this way only one specific access point will be required onto Weld County Road 19. The street which will serve this proposed residential use will have a pavement width of initially 24 feet and gravel shoulders of three to four feet wide. This future public street will meet Weld County Standards for public roadways. The proposed intersection will be upgraded if necessary to meet these same standards. The applicant will be notifying the adjacent property owner to the south, about the reserved 30 feet which will allow for a 60 foot right-of-way entry road. The eventual construction of this roadway will also benefit this owner's access to his property. Stormwater The stormwater detention facilities necessary for this property will be located in the lowest elevation at the southern end of the property in possibly two locations, which when designed will meet the Weld County subdivision requirements. These facility will allow for water quality, possible wildlife habitat, and provide an open space corridor for stormwater flows from upstream. -15- 930604 Water and Sewer Water lines of NWCWD exist in the right-or-way of Weld County Roads 19 and 70, adjacent to the property and are available for use. System improvements off-site will be required to provide the necessary pressure and capacity in the lines. Sewer will be provided by on-site individual septic systems as allowed by the Estate Zone. The NWCWD presently has a four inch water main north of the subject property, along Weld County Road 19 and another four inch main along Weld County Road 70. The enclosed referral letter from NWCWD informs the owner of their capability to serve the development. As requested by NWCWD, we will provide all appropriate easements for their water line. These required easements will be shown on a future subdivision plat. An extension for a six inch main to allow for higher pressure, fire flows, and domestic use will be extended from Weld County Road 21 to the property. If requested, this water main will be extended to Llama Lane. Fire hydrants will be included in the development and the location has been discussed in consultation with the Windsor/Severance Fire Protection District. Actual fire flows to the fire hydrants will be studied and reviewed by the developer and his consultants at the appropriate time. -16- 930604 Each lot will be served by its own individual septic system. The lots will be at least 2-1/2 acres in size and allow adequate room for the installation of septic absorption fields which should be acceptable to the Weld County Department of Health. Necessary percolation tests and soil analysis will be performed and be provided to the Health Department, after staff review of this application. (See Exhibit E, Table 7). Soils A preliminary study of soils and geologic conditions is included in the Addendum. A full subsurface geotechnical investigation along with percolation tests will be done so that both the septic systems absorption fields and the roads can be appropriately designed. The general soils map provided by Weld County with the Comprehensive Plan (1973) shows the subject property labeled as irrigated farmland with the soil grouping of the Kim- Otero Association. This soil group is given the number 175. Table 5 of the Weld County Comprehensive plan (1973) classifies this soil group as Class III overall with Class IV for the individual soils of Kim-Otero. The majority of slopes range from one to five percent sloping to the south and west. -17- 930604 The Soil Survey of Weld County (Southern Part, September 1980) prepared by the USDA, Soil Conservation Service explains the soil characteristics in more detail. Exhibit E explains the soil capabilities and limitations and the following tables are included: Table 6 - Building Site Development Table 7 - Sanitary Facilities Table 8 - Construction Materials The soils for this site (32) Kim loam 1% to 3% slope and (33) Kim loam 3% to 5% slope are suitable for specific future uses intended under the requested rezoning to Estate Zone. The Kim soil area will be used for home sites and absorption fields and some material for road construction. Although Kim soils, according to Table 6, have moderate limitations because of low strength for basement/foundations and for street construction that does not, however, preclude construction in this area. These soil limitations can be overcome by engineering design or soil additives which will allow this soil to be useable. Because of their depth and being well drained the Kim soil has no deficiency for a septic absorption field. These soils are further reviewed and shown on Exhibit E. -18- 930604 � _ 4 �,�, & . . 1 , rba G J Are C \ ),T ?Tt7 -c �n "hit .3 ,,w ,RCN% r., 1 .,Anti V �• \\ ` � ^ 1 u3. Jr ' 3 ,\•N, i _ ,�� o j , i „I vy t:: �b V r � s 1L _ S _//'St ' C .I ,�..A. ,t�� 1 � •, , , ' f� „� �.'` I �` III(// ; J 1� "n _ P° __f r . r I � 1. 1 I �� -Nt f v a0 0 r 'ems '�AIII� �C �� log f�a ' ' IgN Ili- ill- .... N ,. - •• -0 \ 1 NIsmitrip_Hacc ,,\, , , ,, O ,, , , I\. t€,L, . ,, sfirL. Irlit ION -,44 •,,,, 7111 ,:a.--: Tit I/ ( - 4, .../k? II kW ) 101.7 ) M �L.fIA �� '�; ' -N i :; ki fl itMI \Lai 4\ I SITE: i t ii ea ! W1 r �,1 moo ``anii.,---4404- kJ,, 00 r1 rilli 411ktiLI v �j : � . A, - ��'lle, _ . F ,�-t i r ,,,,r a t .��r ' • II s.w► �w "ailr � M r v�„d� rrJ e �i �� i-A \ ( *Hits.W , ,--- _ d deem a ‘ \\et \< ' , Ai�I r 14$*N, A 771 , , igtil '� IBM Wt i ir jrlek ‘:-, C t ) a 1, 4 m Ma OVVV , i To of Wint- or , ' tor ora' �I its . ,. : c 1''07/ 1l`n , J / r � �alker �r� ;- J ,�1 0 Ifu" P12 g 6114 \ L 4_/u `_�?„, ` - f r1d-\YJr�ara Get ea Ya. ,\ I ' / S\ 4i� ^1 O / :� I — I \ l o . ten fLE 1:apjf TOWN OF WINDSOR --. INCORPORATED AREA Future Land Use Plan / \ , WCR 72 1 0 • A€g ; I II j ` B�Ii �8 , 9 ! 10 N � 1 I S SITE � � ' WCR 70_- �P1. i .Primary Growth Area , ' Boundary N.N1 \ teN +tFI� .4 kY WINDSOR LAKE im 7 11 ellill/NN ill aM.;+q�. f� _-. , lyy. wll , NI 0 IIIIR a -1 C" .�, •4a! ti'. `' ®�»"I^ f''p iAlll .„ .^'+` imfr x3. a: It"r� r�S'� "? ,..I~ice y 1rr rte .� _. xy � � •. 1.nt* 1� 1i�I y 4 y�Y sir ^T F'...ti't^-t"!!!_ S I frr � L - TI 4, 2D rti :> Ls' _-_ _- rP 4; slC 4- I �» w f fl \ ,' 1 Ig` t.p.r II SFr jl a 1: I I ::<41-l'i,..4.11,:11 CI r� p 444++ ki N,k -- 1iI 1 tr." 1 IV..i gib pOUDAS '�Iy ---t..�� WS sit, i .ten. ,, • • , I T \ °?e WELD COUNTY URBAN GROWTH BOUNDARY _ NUNN Oa rio em rcrumm AREAS L AM GRMX&*SWfl I^^♦ I IIas . I `r I I f1ERCE A I AULT I , aI 1 I •' ,_ 0 _ z EA I MIAS 8 ' SEVERANCE Et—WIND •- w SITE r; �' I i J I I I I I e_ Y.-- ■ - I S I -WINIIMIrMil.' ` ' KERSEY j `' _ as 4- I VANS MI • LLIKENI LA SALL , .....pr J0HNSTON: i< i.. ........:, Amas .. . Pm 425 NgI CILCREST I MEAD I PLATTEVILLE } 1.10.1.117 � I � z _ I f IRESI TONE I - KEENESBURG m II a F -EDERCKI FL LLPTON , 76 -. u J '.- HUDSON DC0NI0 A A�IE i L0CHBUIE4 IB'R JGHT0N� 1 B EXHIBIT B II f Cl `. • n- � I c _ ill \ I ONWIIIIIMIMIL , --' 101 0, ' M _II��.i. i . IIIiii ! .. i„na Tom• ' SITE ,. nn nstaiuu �- ! t r- !GA!!°Nf!■=-0. .. a gi L .. s s SSlt D �1S NI Y! lti THIS MAP IS INTENDED FOR GENERAL PLANNING PURPOSES. El . -.�.G-� �lis .„ ROAD LOCATIONS RRE GFNE0.- ilX7%f �+TO ALIZED ANC 00 NOT ATTEMPT .y�I! v ENGINEERING DETAILI[ATEMS • �/ #♦'1f, �1 , L. THIS MAP IS TO BE USED TO 'U' ��”� t im ♦♦ol _44;:l.: .. -it_ la_ laSHOWNYE OROUGHFAS S THE SHOWN THOROUGHFARES. WS ``jj ♦_ N a Clint w&i S O - ..wianillirZaalli Aiskurgibtx _ r.�i _l -11 -75 , exam -0, - 6L 0/ — c MI 1 lien grids!. it• r ranN Ien ti 0.�"` O _,L. .. IL • . 14)1 Alin .i.: illy At_ .... J ( ' I - ats FA -2, killirsial I a . yr \\ 5 , , i ___., I � Ii �� , , ��s x. , � PISS vi 4 ; ) .. rI , \ ; 7 , I .t WIELD COUNTY COLORADO COUNTY LEGEND WELD COUNTY THOROUGHFARE PLAN Pna.N by NE MI REEX Prig GIN=r CrMM E.PIES. ENE EOW Gem"'oinks ICES, N♦A P EENW.4M.Y NRNM AAANASAAAAI FREEWAYS STATE LEGEND D — PAVED ROADS UNPAVED ROADS C — PRIMITIVE ROADS � EXPRESSWTS y_j _� • INTERSTATE S -- � _ _ Lj ® FEDERAL p,9 30 CONTOUR INTERVAL ZOO FEET M STATE 65;./4 m COUNTY • INTERCHANGES of FP RP ARTERIAL EXHIBIT C May 5, 1993 RE: Service Request 93-001 Tuttle Applegate 11990 Grant St., Suite 410 Denver, CO 80233 Attn: Bob VanDop RECEIVED Dear Mr. VanDop: MAY -7 1993 We have reviewed the request for water service made to the North eld County Water District for the 96 acres owned by the Orthopaedic Center of the Rockies. That property is located in the SE'k of Section 9, Township 6N, Range 66W in Weld County, Coloiido. It is our understanding that the proposed development will serve 35 taps. The District currently has a 4 inch line along the east side of the property in Weld Co. Rd. 19. The static pressure available at the site with no demands on the system is 82 psi. During peak demand periods the pressure in the area drops to 73 psi at the current estimated demand on the 4 inch line of 68 gpm. The proposed 35 taps will increase the demand on the line to 130 gpm which is an increase of about 1.8 gpm per tap. With the proposed taps the pressure at the site during peak demands is projected to drop to 47 psi. The pressure downstream, however, will be adversely affected and could drop as low as 27 psi which is below the State recommended minimum of 35 psi for general service. Consequently, if the development is to serve more than 20 taps an additional line will have to be constructed in WCR 70 from WCR 19 to the 6 inch line in WCR 21. The existing 4 inch line cannot supply any significant fire flows. If fire flows are required for the development, the above described 6 inch loop in WCR 70. With that line the maximum fire flow that could be delivered to the site is calculated to be 300 gpm. Based on this analysis the District is prepared to serve the proposed development with the following conditions: 1. The maximum number of taps that can be served off of the existing line is 20 with no fire flows available. 2. If the development will have more than 35 taps or if the development desires minimal fire flows, the developer will have to pay for the corstmction of a 6 inch line in WCR 70 from WCR 19 to WCR 21. 3. The maximum fire flows that can be supplied with the construction of the 6 inch line is 300 gpm. 4. The minimum size lines within the development shall be 6 inch. 5. The lines within the development shall be looped to the 4 inch line in Llama Lane. If you have any questions regarding the analysis or the requirements, please do not hesitate to call. Sincerely, � � Thomas F. Ullmann, P.E. The Engineering Co. nC A 2310 East Prospect 93Q6 4 Phone (303)4 EXHIBIT D Koudre \R 1 POUDRE VALLEY RURAL Valley EA ELECTRIC ASSOCIATION , INC . 4809 SOUTH COLLEGE AVE • P.O. BOX 1727 FORT COLLINS • 226-1234 FORT COLLINS, COLORADO 80522-1727 FAX NO. • (303) 226-2123 April 29, 1993 RECEIVED MAY - 31993 Tuttle Applegate, Inc . ATTN: Bob Van Dop 11990 Grant Street , #410 Denver, CO 80233 RE: Orthopaedic Center of the Rockies Southeast 1/4 of and part of the Southwest 1/4 Northeast 1/4 of Section 9, Range 66 West , Township 6 North Dear Mr. Van Dop: Poudre Valley REA has an existing 7200V single phase power line located east of the lake canal ditch on Llama Lane . A utility easement will need to be obtained from the property owners on Llama Lane to extend single phase power west . Also, a ditch crossing permit will need to be secured. Poudre Valley REA, Inc . is ready, willing, and able to serve all electric loads within our certificated service territory subject to the rules and regulations of Poudre Valley Rural Electric Association, Inc . If you should have any questions , please contact our office. Sincerely , 1 Terry Fielding Engineering Representative dc A: \TF\ORTHO.CEN 9306•14 GREELEY • 686-7431 LONGMONT • 776-1084 DENVER • 623-8606 1-800-432-1012 AN EQUAL OPPORTUNITY EMPLOYER 0 Public Service® Comp b.ado P.O. Box 740 Loveland, CO 80539 April 28, 1993 RECEIVED Tuttle Applegate, Inc. APR 2. 91933 11990 Grant St. #410 P� Denver, CO. 80233 Attn. Mr. Bob Van Dop Dear Bob, The Public Service Company does not have natural gas lines located at the location of Orthopeadic Center Project located north of Windsor. We do have gas approximately 1 mile south. This line can be extended to your project according to the rules and regulations on file with the Colorado PUG at this time. A rough, ballpark figure you can use would be $4.25 per foot for this line. Please call me at 225-7890 if I can be of any further assistance. Sincerely, y, Dick Public Service Company 9306(,E4 c)9, ?D Ls EXHIBIT E SOURCE: Weld County Soil Survey, Southern Part (September, 1980) Soils Map Table 6 - Building Site Development Table 7 - Sanitary Facilities Table 8 - Construction Materials 9306P4 �THOMPSOM"� 52 \-� _ 4 t ,p 52 52 E 32 r '4 • ,- .. 65 . 33 r la 33 pq //" ' 3 w 5 R 3tb / s 32 N Y. {7 t',.. `t `., r 1 g f 4 52 { 7 -�— a n.R• aw / S r 32 �. 52 v �_- l• a 32 'A 4�, � !l1E' A < '�" 32 32 ... •�v 111777 . 13 '6 >f t ..� a ''4, 6y y 'a "� SITS it -3 ff •:� 33 1,yM• M 65' 3 7 —•f' r 52 . re.•� 33 W _ ,'ARA 70 32 r 51 Y , aM.. .fe,lx'. ^" ',,r '., @ 'YP 1 1. yp r 1R. 4Y_ :.1� �� 't k �" , .•R Y `. i.,n t er t.ThtiffOra 1 4 .k✓J A. • *' 'l r �+ ..a Y 3; ' _ 'O' 31 it Atit .fX°te` .' S• 9., a 04:�. •.� \ ,. a _ , Sat ,� s i 4 � 7/ X, t$ 32': A. tout. 4' ) t' "pi_ _ ', 4 k ' elli. r.4'., flr4 • ..., It LS t I - .. ♦3•' ' 32•i R .. 11,r v••Ty,74 ?g> i 418Th. TW t..:sak �.it?�s` � � . ', _' ' EXHIBIT E . k { ., # 1 '.w, saLSUILVEI we.b couriirr Coylanrc 9140a 4 Pais 190-1 ' �k� v r • �fi R u I;w':4 f 4.25 7th GJl. t?• �O 1"M7 �O • u TUTTLE APPLEGATE, INC...Silk cc-swum...slaw and Renown DMIOPMIIIII 40'a4�9�i ii� 2000 i a } Ftr*r+-., \ �"'' o• v. ' r . ' 11990 Grant Street, Suite 410 4r, SMUT , ` Denver,Colorado 80233 " WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grams. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grams, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grams, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grams, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as population density increases. Because of the permeability possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern of the substratum, sewage lagoons must be sealed. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Lawns, shrubs, and trees grow well. Capability class I ir- rigated. hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. 32—Kim loam, 1 to 3 percent slopes. This is a deep, well drained sou on smooth plains ana alluvial fans at Wildlife is an important secondary use of this soil The elevations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that essen- have loamy sand underlying material. cover. For pheasants, undisturbed nesting cover is liar and should be included in plans for habitat develop Typically the surface layer is brown and pale brown Range- loam about 12 inches thick. The upper 28 inches of the un- ment, especially in areas of intensive agriculture.derlying material is pale brown loam. The lower part to a landat wildlife,by for example, the pronghorn antelope, can be depth of 60 inches is pale brown fine sandy loam. managing ara v developinggrazing,livestock ndreseeding watering facilities, needed. Permeability is moderate. Available water capacity is livehstock goodpotential and where recreational needo . high. The effective rooting depth is 60 inches or more. This msoe t. I cre edtpopultoo urban g and thesuvey g P development. Increased population growth in the survey Surface runoff is medium,and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but pre of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- IIe irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil-on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer followed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 930604 70 SOIL SURVEY Julesburg series C3-40 to 60 inches; pale brown (10YR 6/3) fine sandy loam, brown (10YR 5/3)moist;massive;soft,very friable;calcareous;moderately The Julesburg series consists of deep, well drained soils alkaline that formed in alluvium. Julesburg soils are on terraces. Typically these soils have free carbonates at the surface. content of Slopes are 0 to 3 percent. coarse fragments ranges to as much as 10 percent Julesburg soils are similar to the Bresser soils and are The A horizon has hue of 10YR or 2.5Y,value of 5 or 6 dry and 4 or 5 near the Olney, Otero, and Vona soils. Bresser soils are moist, and chrome of 2-to 4. The control section is loam or light clay loam that is 18 to 30 percent clay. more than 18 percent clay in the B horizon. Olney, Otero, and Vona soils have a light colored surface layer. Loup series Typical pedon of Julesburg sandy loam, 1 to 3 percent slopes, 125 feet south and 700 feet west of northeast The Loup series consists of deep, poorly drained soils corner sec. 25, T.4 N., R.66 W. that formed in sandy alluvium. Loup soils are mostly Ap-0 to 12 inches; brown (IOYR.5/3) sandy loam, very dark grayish along Lost Creek in the sandhill area. Slopes are 0 to 3 brown (10YR 3/2) moist; weak fine granular structure; slightly percent. hard,very friable;neutral;abrupt smooth boundary. Loup soils are near the Boel and Valent soils. Boel soils B2t-12 to 23 inches; brown(10YR 5/3)sandy loam,dark brown(10YR are stratified and somewhat poorly drained. Valent soils 4/3)moist;weak coarse prismatic structure;extremely hard,friable; are excessively drained and have a light colored surface few thin clay films on faces of pads;noncalcareous;mildly alkaline; layer clear smooth boundary. B3-23 to 27 inches; pale brown (10YR 6/3) sandy loam, dark brown Typical profile of Loup loamy sand in an area of Loup- (10YR 4/3) moist; weak coarse subangular blocky structure; very Boel loamy sands,0 to 3 percent slopes, 850 feet west and hard, very friable; oriented clay occurs as bridges between and as 650 feet south of northeast corner sec. 31, T. 3 N., R. 62 coatings on some sand grains;neutral;clear smooth boundary. W C1-27 to 38 inches; pale brown (10YR 6/3) loamy sand, brown(10YR 5/3) moist; massive; soft, very friable; neutral; gradual smooth 01-2 inches to 0; undecomposed organic material, chiefly grasses, boundary. sedges,and roots. C2-38 to 60 inches; pale brown (IOYR 6/3) sand, brown (IOYR 5/3) A1-0 to 16 inches; very dark grayish brown (10YR 3/2) loamy sand moist;single grained;loose;neutral. with few fine distinct reddish brown (5YR 5/4) and dark gray (N Thickness of the solum ranges from 24 to 38 inches.Coarse fragments 4/0) mottles, black(10YR 2/1) moist; weak fine granular structure; make up 0 to 10 percent of the eolom Depth to free carbonates is more soft,very friable;calcareous;moderately alkaline;diffuse boundary. C1-16 to 40 inches; light brownish gray (1OYR 6/2) loamy sand with than 50 inches few fine distinct yellowish brown(10YR 4/4)mottles,grayish brown The A horizon has value of 4 or 5 dry and 2 or 3 moist and chrome of 2 or 3.The B2t horizon is commonly sandy loam that is 10 to 18 percent calcareous; 5/2) moist; weak fine g structure;loo; soft, very friable; clay.The C horizon is sand or loamy sand. to60 moderately alkaline;gradual wavy boundary. C2-40 to 60 inches; light brownish gray (1OYR 6/2) sandy loam with common medium distinct yellowish brown (1OYR 5/6) and gray Kim series (10YR 5/1) mottles,grayish brown(10YR 5/2)moist;massive; hani, ....INFRIMII.,INP friable;calcareous;moderately alkaline. The Kim series consists of deep, well drained soils that formed in mixed eolian deposits andparent sediment Typically these Boils have free carbonates at the surface. The A P° horizon has value of 3 or 4 dry and 2 or 3 moist and chrome of 1 or 2. from a wide variety of bedrock. Kim soils are on plains The C horizon,to a depth of 40 inches or more,is loamy sand or sand. and alluvial fans. Slopes are 0 to 9 percent. Kim soils are similar to the Colby, Otero, Shingle, and Midway series Thedalund soils and are near the Fort Collins and Olney soils. Colby soils are more silty in all horizons. Otero soils The Midway series consists of shallow, well drained are less than 18 percent clay in the C horizon. Shingle and soils that formed in residuum from calcareous shale. Mid- Thedalund soils have shale between 10 and 40 inches. way soils are on upland hills and ridges. Slopes are 5 to Fort Collins and Olney soils have a B horizon. 20 percent Typical pedon of Kim loam, 1 to 3 percent slopes, 270 Midway soils are similar to the Shingle, Tassel, and feet south and 366 feet west of northeast corner sec. 15, Thedalund soils and are near the Renohill and Ulm soils. T. 6 N., R. 66 W. Shingle and Tassel soils are less than 35 percent clay in the C horizon. Thedalund soils are moderately deep. Ap-0 to 7 inches; brown (IOYR 5/3) loam, dark brown (10YR 4/3) Renohill and Ulm soils have a B horizon. moist; weak fine granular structure; slightly hard, very friable;cal- careous;moderately alkaline;clear smooth boundary. Typical profile of Midway clay in an area of Midway- Al2-7 to 12 inches; pale brown (10YR 6/3) loam, brown (10YR 5/3) Shingle complex, 5 to 20 percent slopes, 350 feet south moist; weak finegranular structure; slightly hard,very friable;cal- and 350 feet east of northwest corner sec. 32, T. 1 N., R. careous;moderately alkaline;clear smooth boundary. 68 W. C1-12 to 18 inches; pale brown (10YR 6/3) loam, brown (10YR 5/3) moist; weak coarse subangular blocky structure; hard, friable; cal- Ap-0 to 7 inches; light olive brown (25Y 5/4) clay, olive brown (25Y careous;moderately alkaline;clear smooth boundary. 4/4) moist; weak medium granular structure; extremely hard, very C2-18 to 40 inches; pale brown (IOYR 6/3) loam, brown (10YR 5/3) firm;calcareous;moderately alkaline;clear smooth boundary. moist; massive; slightly hard, friable; calcareous; moderately al- Cl—? to 13 inches; light brownish gray (25Y 6/2) clay, dark grayish kaline;clear smooth boundary. brown(25Y 4/2)moist;massive;extremely hard,extremely firm;30 33°604 WELD COUNTY, COLORADO, SOUTHERN Pt . 101 TABLE 6.--BUILDING SITE DEVELOPMENT--Continued Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements buildings 19 Moderate: Severe: Severe: Severe: Severe: Colombo floods. floods. floods. floods. floods. : 20 ;Slight Moderate: Moderate: Moderate: Moderate: Colombo ; low strength. low strength. low strength. low strength, I frost action. I 21, 22 ;Severe: Moderate: Slight Moderate: Severe: Dacono ; cutbanks cave. low strength, low strength, shrink-swell, shrink-swell. shrink-swell. low strength. 23, 24 ;Slight Moderate: Moderate: Moderate: Moderate: Fort Collins i low strength. low strength, low strength. low strength. I shrink-swell. 25, 26 ;Severe: Severe: Severe: Severe: Severe: Haverson 1 floods. floods. floods. floods. floods. 27, 28 ;Severe: Severe: Severe: Severe: Severe: Heldt I too clayey. shrink-swell, shrink-swell, shrink-swell, shrink-swell, low strength. low strength. low strength. low strength. 29, 30 ;Slight Moderate: Moderate: Moderate: Moderate: Julesburg ; low strength. low strength. low strength. low strength, i frost action. 31, 32 Slight Moderate: Moderate: Moderate: Moderate: Kim low strength. low strength. low strength. low strength. 33, 34 Slight Moderate: Moderate: Moderate: Moderate: Kim low strength. low strength. low strength, low strength. slope. 35': Loup Severe: Severe: Severe: Severe: Severe: wetness, wetness, wetness, wetness, wetness. cutbanks cave. floods. floods. floods. Boel • Severe: Severe: Severe: Severe: Severe: wetness, wetness, wetness, wetness, wetness, floods, floods. floods. floods. floods. cutbanks cave. 36': Midway Severe: Severe: Severe: Severe: Severe: too clayey. shrink-swell, shrink-swell, slope, shrink-swell, low strength. low strength. shrink-swell, low strength. low strength. Shingle Severe: Severe: Severe: Severe: Severe: depth to rock. depth to rock. depth to rock. depth to rock, depth to rock. slope. 37 Severe: Moderate: Severe: Moderate: Moderate: Nelson depth to rock. depth to rock, depth to rock. depth to rock, depth to rock, low strength. low strength. low strength. 38 Severe: Moderate: Severe: Moderate: Moderate: Nelson depth to rock. depth to rock, depth to rock. slope, depth to rock, low strength. depth to rock, low strength. low strength. 39, 40, 41, 42, 43 Moderate: . Severe: Severe: Severe: Severe: Nunn too clayey. shrink-swell, shrink-swell, shrink-swell, -shrink-swell, low strength. , low strength. low strength. low strength. See footnote at end of table. 930604 a W WELD COUNTY, COLORADO, SOUTHERN PART 105 TABLE 7.--SANITARY FACILITIES--Continued : : : Soil name and : Septic tank Sewage lagoon : Trench Area : Daily cover map symbol : absorption areas sanitary sanitary for landfill fields landfill landfill 21, 22 Severe: Severe: :Severe: Slight ;Fair: Dacono percs slowly. seepage. I seepage. : too clayey. I 23 :Moderate: Moderate: :Slight Slight :Good. Fort Collins : percs slowly. seepage. 24 !Moderate: Moderate: :Slight ,Slight Good. Fort Collins : percs slowly. seepage, : slope. . 25, 26 Severe: Severe: :Severe: !Severe: :Good. Haverson floods. floods. : floods. : floods. ! : : 27, 28 Severe: Moderate: :Severe: Slight :Poor: Heldt percs slowly. slope. too clayey. : too clayey. ' 29, 30 Slight Severe: Severe: Severe: !Good. Julesburg seepage. seepage. seepage. 31 Slight Moderate: Slight Slight Good. Kim seepage. 32, 33 Slight Moderate: Slight Slight Good. Kim seepage, slope. 34 Slight Severe: Slight Slight Good. vim slope. 35': Loup Severe: Severe: Severe: ,Severe: Poor: wetness, wetness, wetness, : wetness, , wetness. floods. seepage, floods, : floods, floods. seepage. : seepage. Boel Severe: Severe: Severe: !Severe: Poor: wetness, wetness, : wetness, ! wetness, too sandy. floods. seepage, : floods, : floods. floods. : seepage. 36': Midway Severe: Severe: :Severe: :Moderate: Poor: percs slowly, depth to rock, : depth to rock, : -slope. too clayey, depth to rock. slope. : too clayey. : thin layer. Shingle Severe: Severe: :Severe: !Moderate: Severe: depth to rock. slope, : depth to rock. : slope. thin layer. depth to rock. : 37, 38 Severe: Severe: :Severe: :Severe: Fair: Nelson depth to rock. depth to rock, depth to rock, : seepage. thin layer. seepage. seepage. : 39 Severe: Moderate: Slight :Slight Fair: Nunn percs slowly. excess humus. too clayey. ! 40 Severe: Moderate: Slight :Slight :Fair: Nunn percs slowly. excess humus, : too clayey. slope. : 41 Severe: Moderate: Slight !Slight :Fair: Nunn percs slowly. excess humus. : too clayey. ! 42 Severe: Moderate: Slight :Slight :Fair: Nunn percs slowly. excess humus, : I too clayey. slope. : : I I See footnote at end of table. • 930604 r WELD COUNTY, COLORADO, SOUTHERN PART 109 TABLE 8.--CONSTRUCTION MATERIALS--Continued Soil name and Roadfill Sand Gravel Topsoil map symbol : 29, 30 ;Fair: Poor: ,Unsuited ,Good. Julesburg : low strength, excess fines. 1 frost action. ' 31 , 32, 33, 34 :Fair: Unsuited Unsuited :Good. Kim : low strength. • 35': Loup :Poor: Fair: Unsuited: :Poor: : wetness. excess fines. excess fines. : wetness. Boel Fair: Fair: Unsuited :Fair: wetness. excess fines. : thin layer. 36': Midway Poor: Unsuited Unsuited :Poor: shrink-swell, : too clayey. low strength, thin layer. Shingle Poor: Unsuited Unsuited ;Poor: thin layer. 1 area reclaim. 37, 38 Poor: ' Unsuited Unsuited :Good. Nelson thin layer. 39, 40 Poor: Unsuited Unsuited ,Fair: Nunn shrink-swell, : thin layer. low strength. 41 , 42 Poor: Unsuited Unsuited ;Fair: Nunn shrink-swell, : thin layer, low strength. : too clayey. 43 Poor: Unsuited Unsuited :Poor: Nunn shrink-swell, : too sandy. low strength. 44, 45 Fair: Poor: Unsuited ;Fair: Olney low strength. excess fines. : too sandy, : thin layer. 46, 47, 48 Fair: • Poor: Unsuited :Good. Olney low strength. excess fines. 49 Good Poor: Unsuited Poor: Osgood excess fines. too sandy. 50, 51 , 52, 53 Good Poor: Unsuited Good. Otero excess fines. 54, 55 Fair: Unsuited Unsuited Good. Paoli low strength, frost action. 56, 57 Poor: Unsuited Unsuited Poor: Renohill ; low strength, thin layer. thin layer. • • 58, 59 Poor: Unsuited Unsuited Poor: Shingle i thin layer. area reclaim. 60': • Shingle Poor: Unsuited Unsuited Poor: thin layer. area reclaim. • See footnote at end of table. 9305c14 REFERRAL LIST NAME: Fort Collins Orthopaedic Associates, P.C. CASE NUMBER: Z-479 Cogreene Corporation REFERRALS SENT: May 13, 1993 REFERRALS TO BE RECEIVED BY: May 27, 1993 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton _Extension Service _Broomfield Emergency Management Office _Dacono Sheriff's Office _Eaton X Engineering _Erie Housing Authority _Evans Airport Authority _Firestone _Building Inspection _Fort Lupton Frederick STATE _Garden City _Division of Water Resources _Gilcrest Geological Survey _Greeley _Department of Health Grover _Department of Transportation Hudson Historical Society _Johnstown Water Conservation Board _Keenesburg -- X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 _Longmont Berthoud F-2 _Mead Briggsdale F-24 _Milliken Brighton F-3 New Raymer Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce _Hudson F-7 Platteville Johnstown F-8 - X Severance La Salle F-9 Thornton _Mountain View F-10 — X Windsor _Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 _Adams _Platteville F-13 _Boulder Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _US Army Corps of Engineers — X Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission X Greeley X Lake Canal _Longmont Robert Ochsner, President _ West Adams 6113 E. County Road 36 Ft. Collins, CO 80521 COMMISSION/BOARD MEMBER X Tom Rulon 930604 FIELD CHECK FILING NUMBER: Z-479 DATE OF INSPECTION: June 3, 1993 APPLICANT'S NAME: Fort Collins Orthopaedic Associates REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19 and north of Weld County Road 70. LAND USE: N Agricultural production. E Agricultural production, rural subdivision lots. S Agricultural production, Town of Windsor. W Agricultural production. ZONING: N A (Agricultural) E PUD (Planned Unit Development) S Town of Windsor W A (Agricultural) COMMENTS: Weld County Road 70 along the southern portion of the property is an unimproved dirt lane. This is adjacent to the Town of Windsor's municipal boundaries. The Pferd Himmel Subdivision is adjacent to the proposed property which is located to the north and east. The property is vacant and is in agricultural production at this time. Weld County Road 19 is adjacent to the southeastern portion of the rezoning area and is a paved surface. \\I Vrirb-O—J.:-/-1-e—, Chuck Cunliffe, Director 93°6°4 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING Director PATRICIA C. BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor June 10,1993 Lanell Adler Weld County Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Ms. Adler: The application in Case Z-479 for a Change of Zone makes the statement that there are no oil or gas wells in Section 9 and that there is no intent on developing these resources on this property any time in the future. Also included is the information that the property is the subject of an oil and gas lease. This fact indicates that, subject to the terms of the oil and gas lease, the property could be drilled on for oil and gas at some time in the future. There are presently producing wells in section 15 and there has been drilling in sections 4 and 10 as well as section 9 in the past. The potential exists for drilling in this general area at some time in the future, subject to the terms of said oil and gas lease. As always, any oil and/or gas development in the area would be subject to applicable rules and orders of the Colorado Oil and Gas Commission. Should you require further information, please don't hesitate to contact the Commission staff at the above address or telephone number. Sincerely yours, Xvie-4."1-`14> Robert J. Van Sickle Petroleum Engineer t\ JUN 1 4 1993 r'Pefnnfr 9306r14 T y%hr" `?ow of `Winae,or' Tr tit o, c 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 June 8, 1993 Ms. Lanell J. Adler Current Planner, Weld Co. Dept. of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Z-479 FORT COLLINS ORTHOPAEDIC ASSOCIATES Dear Lanell: The Windsor Planning Commission considered the above mentioned Weld County referral on June 3, 1993. The Commission voted unanimously to recommend approval of the rezoning from Agricultural to Estate. In the meantime, the Town intends to meet with the developer to explore the possibilities of annexation to the Town and utility service extension along WCR 19. The Windsor Planning Commission does not wish to imply that it is our intent to delay or halt the applicant's rezoning process through Weld County. We would, however, request that the Town be involved in the review of any subdivision plats processed by Weld County in the future regarding this parcel. If you have any questions, please let me know. Sincerely, TOWN OF WINDSOR J122 anet E. Carpenter, L '/ Planner pc: Bob VanDop, Tuttle/Applegate jec rJiggt/A0 lIUN 0 y 929 I 9306 `4 iC4e- DEPARTMENTKit OF PLANNING SERVICES ' PHONE 540 WELD COUNTY,J` C. y ECa�LbFIIIB�vB 1 COLORADO May 13, 1993 CASE NUMBER: Z-479 TO WHOM IT MAY CONCERN: Enclosed is an application from Fort Collins Orthopaedic Associates, P.C. ; A Cogreene Corporation for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of Weld County Road 19, north of Weld County Road 70. 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 27, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, 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. 7 Signed: , ,�-.dr 1 Yt! /�1 11/ (7` 1.4 Agency: —I CZL 71 (�/ 4K444i P� Date: Cy /9 / C/7 mEMORAnDU WilkLannnl Adler 7o Planning Date May 27, 1993 COLORADO From Drew Scheltinga Subject: Fort Collins Orthopaedic Associates Z-479 Based on the proposed 2. 5 acre lot size and the 96.5 acre parcel to be developed, approximately 35 home sites would be generated from the proposed development. I expect improvements will be required on WCR 19. The criteria for those requirements will be taken from the Colorado Department of Transportation access code. Accessing the site by extending WCR 70 west of WCR 19 is the proper course for development. WCR 70 should be considered as a collector that would eventually connect to Colorado State Highway 257. The Town of Windsor's street standards and their response to our referrals should be taken into consideration. The referral information indicates a 60' right-of-way is being considered. The right-of-way for a collector meeting Windsor's standard should be required within the development. Also, the application materials indicate a 30' right- of-way south of the section line exists based on Weld County's 1889 resolution. The 1889 resolution affected only lands that were still within the public domain as of the date of the resolution. Most all irrigated lands had been patented prior to 1889. Therefore, I doubt a public right-of-way exists south of the section line. It would be up to the applicant to document the existence of that right-of-way and up to the Board of Weld County Commissioners to exercise the public's right to use it. I am unclear on the applicant's intent for access to Llama Lane. It does not appear a public roadway is intended. In future applications, the intended use should be clarified. cc: Commissioner Baxter File Z-479 9306(4 ‘1,(116 mEmoRAnDum Willie Lanell Adler To Weld County Planning Date May 20, 1993 COLORADO //JJ From John S. Pickle, M.S.E.H. , Director, Environmental Healt/ Subject: Case Number: Z-479 Name: Fort Collins Orthopaedic Aee_eialce, P.O. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Individual sewage disposal systems, are required for the proposed residential facilities and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The Division requires that this facility utilize existing public water supply. 3. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/jg-948 MAY 2 1 1993 �` • , DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. GREELEY,140 N. 17TH AVENUE COLORADO 80631 COLORADO May 13, 1993 CASE NUMBER: Z-479 TO WHOM IT MAY CONCERN: Enclosed is an application from Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of Weld County Road 19, north of Weld County Road 70. 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 27, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, 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. / J Please// refer to the enclosed letter. Signed/3Q p IQ /K Agency: / Date: /?-93 II MAY 1 9 1993 L 9300 n 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 T6N, R67W of the IV, P.M., Weld County, Judy Yamaguchi, Colorado,carnality 97 Chairperson, Weld WINDSOR BEACON apes,more or less:The County Planning property Is located west Commission a weekly newspaper having general circulation in said of Weld County Road a 19, north of Weld Published In the County and State, published in the town of WINDSOR, County Road 70. Windsor Beacon on in said County and State; and that the notice, of which May20,1993. the annexed is a true copy, has been published in said The public hearing to be held by the Weld County weekly for successive weeks, that the notice Planning Commission was published in the regular and entire issue of every for the consideration of number of the paper during the period and time of the above referenced publication, and in the newspaper proper and not in a request will be. conducted In the Weld supplement, and that the first publication of said notice County Commissioners' was in said paper bearing the date of the Hearing Room, First .e-p Floor, Weld County 7© f�^ Centennial Center, 915 day o£ , A.D., 19 93 and Tenth Street, Greeley, the last publication bearing the date of the Colorado.Comments or objections related to the day of , A.D., 19 and above request should be submitted in writing to that the said WINDSOR BEACON has been published the Weld County continuously and uninterruptedly for the period of 5 Department of Planning consecutive weeks,in said County and State, prior to the Services, 1400 N. 17th date of first publication of said notice, and the same is a NOTICE OF PUBLIC Avenue, Greeley, l�ABBlfl Colorado 606631,before newspaper within the meaning of an Act to regulate the above date or printing of legal notices an advertisements, approved The Weld County presented at the public May 18, 1931,and all prior is r as in force. Planning Commission hearing.on June 15, will conduct a public 1993. hearing on Tuesday, June 15, 1993,at 1:30 Copies of the application p.m.to review a request are available for public for approval of a Change Inspection in the P USHER of Zone from A Department of Planning ./1 C•� (Agricultural) to E See/Ices, 1400 N. 17th Subscri d and sworn to before me this L-CJ day (Estate).The parcel of Avenue, Greeley, o> land is Seated as part Colorado,-Phone-353- of 19L3 of the SE4 of Section 9, 3845,Extension 3540. 'T'9 /yi NOTARY PUBLIC My commission expires 7-, /I q c, • IJUN 0 3 1993 LI 930604 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # 2 - 479 THE SIGN WAS POSTED BY: Sign poa.ted at -intexhection ob Wefd County Road 19 and Wetd County Road 70 on June 3, 1993. n+Vary l� NAME OF PERSON POSTING SIGN r SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) (� SUBSCRIBED AND SWORN TO ME THIS 1/ DAY OF Uin1lA 19 R SEAL NO Y PUBL .• MY COMMISSION EXPIRES CY? - '�/ LAST DAY TO POST SIGN IS: 4 P VP PLEASE RETURN THIS FORM TO THE DEPARTMENT OF P ING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 1 1 64,1"\( 14° DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES I WI I PC. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 9, 1993 Bob Van Dop Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Subject: Planning Commission Sign Posting Certificate. Dear Bob: The Planning Commission sign posting certificate sent to me dated June 7, 1993, was not officially notarized. Apparently the notary public, Cheryl Rains, forgot to apply her official seal after she signed it. If I could get an official Planning Commission sign posting certificate before the Planning Commission meeting on June 15, 1993, I would appreciate it. If you have any questions or concerns, call or write. Sincerely, O.,,,,ev616--)4------- . Greg '4tompson Current Planner GT/sfr I 930604 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE 1/ THE SIGN WAS POSTED BY: (Sign posted on-site at the intersection of Weld County Road 19 and Weld County Road 70 on June 3, 1993) .. NAME OF PERSON POSTING SIGN L _ L SIGNATURE OF APPLICAN Cr.'.rrec, n1c 62_, STATE OF COLORADO ) ?,cb Qr.-S ) SS. COUNTY OF MELD ) SUBSCRIBED AND SWORN TO ME THIS 1 DAY OF , 19 X9-3 . SEAL \ NOTARY PUELIC MY COMMISSION EXPIRES ()9- (p9 { \ LAST DAY TO POST SIGN IS: � �, I ? 9_f , 19 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. JUN 0 q 1993 UI .0 - °rA Plennity 930604 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Z-479 for Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 14 day of May, 1993. 930`4 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation Z-479 Brooks Exploration, Inc. Attn: Mr. John Klee 621 Seventeenth Street, Suite 2255 Denver, CO 80293 Geogory and Cathy Tuttle 8961 Llama Lane Windsor, CO 80550 Duane and Deborah Bertsch 8975 Llama Lane Windsor, CO 80550 Michael and Bonnie Beer 8880 Llama Lane Windsor, CO 80550 Stephen and Catherine Juengst 8960 Llama Lane Windsor, CO 80550 Judith Ann Scherpelz and Charles Michael Bosley 34107 Weld County Road 19 Windsor, CO 80550 Richard and Roberta Gritz 512 C Main Windsor, CO 80550 Carl and Dorothy Breniman Greeley National Bank Trustees 1603 9th Street Greeley, CO 80631 Hergert Limited Partnership 36652 Weld County Road 23 Windsor, CO 80550 Raymond and Gloria Winder 34681 Weld County Road 19 Windsor, CO 80550 93 0624 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation Z-479 Page 2 Ronald and Charlyne Kruger 34006 Weld County Road 19 Windsor, CO 80550 Mark and Kathryn Lewis 9067 Weld County Road 70 Windsor, CO 80550 John and June Paral 9125 Weld County Road 70 Windsor, CO 80550 Marlyn Tienne 10481 Weld County Road 66 Windsor, CO 80550 Amigo Farms, Inc. 1200 Carousel Drive, Suite 100 Windsor, CO 80550 Adolph Winter 822 Locust Windsor, CO 80550 Norman K. and Georgia C. Johnson 8120 Weld County Road 72 Windsor, CO 80550 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: May 13, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-479 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 15, 1993, at 1: 30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Fort Collins Orthopaedic Associates, P.C. ; Cogreene Corporation. FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 of Section 9, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 19, north of Weld County Road 70. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Lanell Adler, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 930604 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Font Coll,inh OnthopaectLc AgAQctates PC Pnn4At chcvrinp Plan & Tnust Pnapenty SE q, Section 9, TGN, R67W. 97 Acneh. SATE OF COLORADO 1 ) 66. 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. r Robert Van Do The foregoing instrument was subscribed and sworn to before mel this P day of I v-\ tic , 19 la, by T1 (I�`� V}4) UP 4? ) l. , WITNESS my hand and official seal rf _ `� fl, yr ;,`�y My Commission expires: Covrinlison _xpiroa 7 ; September 9, 199 g yo .Notary Publ 9305p4 MINERAL/SUBSURFACE ESTATE OWNERS/LESSEE OF RECORD OWNER: Fort Collins Orthopaedic Associates P.C. Profit Sharing Plan and Trust 2500 East Prospect Road Fort Collins, CO 80525 LESSEE: Brooks Exploration, Inc. ATTN: Mr. John Klee' 621 Seventeenth Street Suite 2255 Denver, CO 80293 a93O6e4 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. -------- Subject Property Font Cottinh Onthopaed.Lc AMociate2 PC Pho“,t Shwu.nq_ Plan g Tka t Ptopaty SE 4 Section 9, T6N, R67W. 97 aches. STATE OF COLORADO ) 1 ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. Rabat Van D y The foregoing instrument instrument was subscribed and sworn to before ' me J 1 this le) day of v `ai�.-� 19 Q, By ---Lt-.O.b-p�7t v IAN l_�/a WITNESS my hand and official seal "' ,._ My Commission expires v v"CaC 1 71I.„.:1 ,'\ C S r ci � 1 � A _ -,,r. �.�r`'' '3J'; 4r Notary Publ C Pr c'; COC.i 930604 NAMES OF OWNERS OF PROPERTY WITHIN 5OO FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # 8961 Llama Lane 080709000006 F rnthy Trrttia Ill" nn� en kCL.40— Duane 8 Deborah Bertsch 8975 Llama Lane Wiod4nn ra R0rt,54 044749000012 8961 Llama Lane cce0on0 8 Cathy Tuttle laivtdxnn rn Raccn 0 8 0 10 444-001 7 8880 Llama Lane M.ichaeL f, Rogn1e RPPl J41.inrLtrla rn Rnccn _ 080''40.040420 8960 Llama Lane $.terihen_.6 Cathen,ine luQn©At xnn, en Rn{50 48070Q0OL0?L.- Judith Ann SchescpeLz 8 34107 Weld County Road 19 Chan es Michael Bosley W,indAnn l*0. Rn55n fRnlnannnnta 512 C Main RLchand 8 Roberta. Q z WL' dnnn C0 . 805412 nknln9nnnnl c Cant 8 Dono-thy BnenLman 8 1603 - 9th S.iceet Greeley National Bank. Tnuh.teen Gnvoley, CO 80631 0Rl109nnnnn4 36652 WEId County Road 23 Hengent Limited Pantnerlohi.p Windson CO a05 11 080709060003 _ 34681 Weed County Road 19 Raymond 8 Gloria Windeh. Windaon. CO X055&_ 8807090&0013 34006 Weld County Road 19 Ronald 8 Chan2yne Knugen Windhon, CO 80550 080710000048 9067 Weld County Road 70 Mark 8 Kathnctn Lew.ls Windeon, CO 80550 080Z10000047 9125 Weld County Road 70 John 8 June Panal Wi.ndoon. CO 80550 080710000042 10481 Weed County Road 66 Marlyn Lienne Windson, CO 80550 080710000024 1200 Canowset Drive, Suite 100 Amigo Farms Inc. Windsor, CO 80550 080710000005 Carl & Dorothy Bneniman 8 1603 - 9th St&ee, Greeley National Bank Tnwsiee, Greeley, CO 80631 080716000001 522 Locust Adolph Winteen Windhon, CO 80550 080715000026 '— 8120 Weld County Road 72 Norman K t GonnJln r �T+4AQnm Windoon, CO 80550 080709000002 930604 May 26, 1993 � JUN p 7 3993 Lanell Adler Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Dear Ms. Adler: We recently received a notice from your department regarding a Public Hearing scheduled for June 15, 1993. This hearing involves a Zone change on property adjacent to our home located at 8880 Llama Lane, Windsor, Colorado, and is at the request of Fort Collins Orthopaedic Associates, P.C.; Cogreene Corporation, for the property located West of Weld County Road 19, north of Weld County Road 70. The legal description for said property is Part of the SFA of Section 9, T6N, R67W of the 6th P.M., Weld County Colorado. As per your request during our phone conversation of May 14, 1993, following are our concerns regarding the Zone change and pending development. The covenants for the homes in our development clearly indicate that Llama Lane is a private access road for the use of homeowners and their guests. The road is currently maintained by the homeowners, and at this time, would not support additional traffic without extensive repair and maintenance. When we purchased our home we were assured that the covenants provided to us would be the governing document as to a variety of issues, including road usage. We were quite surprised when you indicated that Llama Lane was being proposed for use as an emergency access road to the new development. It is our understanding that any change to the existing covenants (i.e. use of the road), must be approved by the homeowners. To date, we have not been notified of this request, and would be opposed to use of the private road by anyone other than those provided for in the covenants. Additionally, in your description of "Estate" Zoning, you indicated that modular homes are allowed under this Zone category. You also indicated that accessory buildings of up to 3,000 square feet would be allowed. These are both issues of great concern to us. Currently, the homes in the surrounding the area range in value from approximately $160,000 to$250,000. As mentioned above, we have architectural covenants that govern these homes, with the purpose of protecting current and future property values. It is apparent that the property in the area is prime real estate, and thus should be developed in such a manner as to benefit both the Windsor community and Weld county. It is our feeling that low-budget modular homes, and/or large accessory buildings, would most likely be detrimental to current the property values and tax base, and would detract from the harmonious environment of the area. 9306e4 Finally, because there is no requirement for "Open Space" in Estate Zoning, we are quite concerned that the overall beauty and serenity of the area will be adversely affected if open space is not provided. We have chosen Windsor as our home because we value the outstanding quality of life currently provided to us. It is with much hope that this value is also of priority to Weld County, and to potential developers. We are not opposed to development, so long as development is controlled, responsible, and provides for the high standard of living presently appreciated. We would be happy to discuss any concerns and/or options with you, or other parties involved. You may contact us at 226-2500, ext. 106, or 686-7991. Thank you for your time and consideration in this important matter. Sincerely, Michael A. Beer Bonnie G. Beer 8880 Llama Lane Windsor, CO 80550 9306 ?4 Greg and Cathy Tuttle 8961 Llama Lane Windsor ,C0 80550 June 3 , 1993 Weld County Planning and Zoning; This letter is in regard to the proposed development of the 96 acres north of Windsor , and west of WCR 19 . We live just north of the proposed site , three years ago we purchased 6 acres from the same developer . Since that time our property has experienced severe flooding , due to excess run off from the East Lake Canal Ditch, which borders our north property line. This excess run off , travels through our property , then through a culvert under Llama Lane , and on soutfu to the proposed site. Our concern is , if this land is developed , and is no longer in need of irrigation water , then this will definately have an increased impact on the overflow conditions , which will not only adversely effect our property ,but also that of the development site . It is our fear that the proposed site (as well as our property) lies at risk of potential flooding due to the problems of the water flow on Llama Lane. Until these problems are addressed and resolved we strongly oppose the development . We have enclosed a few photographs of our property , our basement ,Llama Lane , and the proposed site as they exist under flooding conditions . It is our hope that the county thoroughly investigates this situation and prevents any further disasters , such as that , that we have experienced. Sincerely , Greg and Cathy Tuttle a 1 JUN t 1 1993 \11 31. 0604 .olennin' L---"Nr rst DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3645, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES iiiiip O 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 , COLORADO May 13, 1993 i t IL Ft. Collins Orthopaedic Associates, P.C. Profit Sharing Plan and Trust Cogreene Corporation 4 2500 East Prospect Road ; Ft. Collins, CO 80525 3 Subject: Z-479 - Request for a Change of Zone from A (Agricultural) to E (Estate) I on a parcel of land described as part of the SE4 of Section 9, T6N, R67W 4 of the 6th P.M. , Weld County, Colorado. . Dear Sir or Madam: 4 Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for June 15, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, I 915 10th Street, Greeley, Colorado. It is recommended that you and/or a I representative be in attendance to answer any questions the Planning Commission , members might have with respect to your application. I r It is the policy of Weld County to refer an application of this nature to any town I 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 Towns of Severance and Windsor Planning Commissions for their review and comments. Please call Gene Rider, in Severance, at 686-1218, and Janet Carpenter, in Windsor, at 686-7476, for further details regarding the date, time, and I3 place of these meetings. It is recommended that you and/or a representative be in 4 attendance at the Severance and Windsor Planning Commission Meetings to answer any i questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to June 1, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than June 5, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930604 Ft. Collins Orthopaedic Associates, P.C. Cogreene Corporation May 13, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, cya,1,4,GC aco Lanell J. Adler Current Planner LJA/sfr pc: Bob Van Dop Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 9306" Asset� n � m m C.Will Keith Schuett, Current Planner May 12 , 1992 Date COLORADO To From Sharon White, Planning Technician Right of Way for Weld County Road 70 in Section 9, T6N, sua.rt R67W of the 6th P.M. , Weld County, Colorado. Records indicate there is no right-of-way along the south side of Section 9. The Ordinance of October 12, 1889 indicates right-of-way for the north 30 feet of Section 16, T6N, R67W of the 6th P.M. , Weld County, Colorado. Road has never been opened. 9306'M PL0062 930604 PLEASE SEE FILE FOR PHOTOS Hello