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D O .Z] 00 PT O a Arc z Fp o- m N A mo A m .'"''2 u i N O . rn Z J O 'D D AR2325777 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR EUGENE L. AND PAMELA A. HABROCK, C/O TUTTLE APPLEGATE, INC. 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 17th day of February, 1993, at 10:00 a.m. for the purpose of hearing the application of Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. , 8374 Weld County Road 64, Windsor, Colorado 80550, 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 WI NW* and part of the E3 NW* of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Bob VanDop, 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 and the City of Greeley have reviewed this proposal and have no objections to the proposed Change of Zone. 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 agricultural production, oil and gas production and rural residences. B 1374 REC 02325777 03/19/93 16:36 $0 .00 1/003 F 1565 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PL0898 930159 pto89c ce- c RI', RPP, tti hs CHANGE OF ZONE - HABROCK PAGE 2 c. Adequate water and sewer service can be made available to the site to service the uses permitted within the proposed zone district. North Weld County Water District has water available to the site. Septic systems are proposed for sewage disposal. d. The proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. e. The applicant has demonstrated that soil condition limitations on the site can be overcome and that the limitations will be addressed by the applicant prior to the development of the property. Engineering design or soil additives have been proposed to mitigate slight or moderate soil limitations. f. 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 Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. , 8374 Weld County Road 64, Windsor, Colorado 80550, 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 following notes shall be adopted and placed on the Change of Zone plat prior to recording. 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. a. The Subdivision Preliminary Plat submittal shall include evidence that the property has been mapped for waters of the United States which includes wetlands determination and delineation pursuant to Section 404 of the Clean Water Act. b. An access permit is required to be issued by the State of Colorado, Transportation Division, prior to any change of use on the property. c. The proposed road to the Change of Zone area shall be aligned with Weld County Road 23 to the north. B 1374 REC 02325777 03/19/93 16 :36 $0 .00 2/003 F 1566 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930159 CHANGE OF ZONE - HABROCK PAGE 3 d. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. e. Sewage disposal shall be provided by individual sewage disposal systems. f. The subdivision preliminary plan submittal shall include a study and mitigation plan showing the impact of the proposed development on the Storm Lake Drainage District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following ote on the 17th day of February, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: U L/. 7OUNTY, COLORADO / Weld County,QI&k to'the Board 4X*ii(e:4-,4'5> @G7tf,e> Constance L. rbert, Chairman 4c4e Board W. eb ter, — em A BR1 AS:}P ;FORM: Georg Baxter e---- County torne Dal K. H / Barbara J. Kirkmeyer B 1374 REC 02325777 03/19/93 16 :36 $0 .00 /0U3 F 1567 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930159 HEARING CERTIFICATION DOCKET NO. 93-09 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - EUGENE L. AND PAMELA A. HABROCK, C/O TUTTLE APPLEGATE, INC. A public hearing was conducted on February 17, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem - Excused Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Adler The following business was transacted: I hereby certify that pursuant to a notice dated January 25, 1993, and duly published January 28, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. , for a Change of Zone from A (Agricultural) to E (Estate) . Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Adler, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Gene Habrock, applicant, introduced Bob VanDop, Tuttle Applegate, Inc. , who stated the rezoning is justified by the changes in the area. He explained the various changes in character and noted the demand for single-family lots. Mr. VanDop said they would develop 20 lots and part of the farm land would be productive for 10 to 15 years. He reviewed the compatibility with the surrounding area and the criteria for a Change of Zone. Mr. VanDop said the area could later be annexed to Windsor. He said Mr. Habrock will be putting in a paved road which will benefit Weld County and increase public safety. Mr. VanDop then reviewed the requirements of the Comprehensive Plan and the public improvements. He explained a map of the surrounding land uses and the location of a 30- foot easement. He said they have discussed the accessibility of the property with the Colorado Department of Transportation, and they agreed it would be an improvement to the intersection. He said the pavement and bridge will be constructed to Weld County's standards, and storm-water retention will be provided. Mr. VanDop said the water will come from North Weld and explained how it would be serviced. The Windsor/Severance Fire Protection District will meet their needs, and the Health Department has approved the septic plan. He noted the two areas that will not be developed, but will be retained as wetlands. In response to questions of the Board, Mr. VanDop said the project will be done in three phases, and could be done quicker than originally anticipated. He said lots will range in size from 2.5 acres, 7 to 10 acres, and/or larger. Ms. Adler clarified that the adjoining property was split into two lots by one recorded exemption, and the right-of-way agreement requires 50 feet on the east and 30 feet on the west. In response to a question from Chairman Harbert, Drew Scheltinga, County Engineer, said he doubts if Weld County right-of-way exists beyond the present Weld County Road 23, and it may be developed to the south which would connect at the corner of the subdivision. Mr. VanDop said there is a 50-foot right-of-way reserved for future public right-of-way from the canal to the south. Chairman Harbert questioned whether an agreement may be necessary dedicating said right-of- way to Weld County and requiring the applicant to construct the road. Ms. Adler explained the only matter which needs to be considered today is the zone change, and other matters will be considered at the next stage. Mr. 930159 Cc: RE: HEARING CERTIFICATION - HABROCK PAGE 2 Morrison said the improvements will be done and maintained by the developer. Don Hoff, Attorney representing the Town of Severance and Storm Lake Drainage District, said the Town of Severance objects to this because it will prohibit development in their town. He explained the District drains these lands and was a statutory creation, which has assessments. The District was created in 1918 and has 14 farmers as members. Mr. Hoff said their concern is that the 18" pipeline which services the District will be dug up during construction. He also said this District will not handle any more water, which may cause flooding and other problems. Mr. Hoff requested the developer to perform studies as to the affect on the District. He noted the District has limited funds and requested Weld County to delay the decision until the developer has completed the study. Mr. Hoff said the District did not receive any formal notice of any hearings, and he feels the District should be taken into consideration. He requested the votes of the proposed development be limited to one or zero to protect the farmers. Mr. Hoff said the extension of Road 23 is also a concern of the farmers. Commissioner Hall explained that said extension is only likely if further development proceeds, and it will not be done against anyone's will. In response to a question from Chairman Harbert, Mr. Hoff said Mr. Habrock is a member of the District, and he will remain a part of the District regardless of development. Mr. VanDop said the property is currently irrigated and prime agricultural land. He said there will actually be a reduction in water because one-third less will be irrigated. He reiterated that the Habrocks are members of the District, and they were aware only yesterday of the District's objections. Mr. VanDop said this issue should be addressed at the next stage. Tim Stutzman, surrounding property owner and secretary/treasurer of the District, said over one-half of the property in the District is Mr. Habrocks. He noted they are very limited now on the amount of water that can be handled. Mr. Stutzman said the extension of Road 23 would interfere with his pivot on his farm. In response to a question of Commissioner Hall, Mr. Stutzman said there probably is a way to fix the potential drainage problems, but he does not know what it is. In response to a question from Chairman Harbert, Mr. Scheltinga said the main problem is not knowing where the tile is located. He said there could be less water from a residential area, but there are too many variables; therefore, the matter definitely needs to be addressed and looked at in detail, and the tile lines need to be found. Chairman Harbert said with domestic water use and sprinklers there could be more water generated than is currently. Mr. Scheltinga said an average home uses 10, 000 to 15,000 gallons per month, and the lines need to be located and the water directed away. He said not knowing where lines are is a common problem. Gary Tuttle, on behalf of the applicant, said this is a technical issue, which the preliminary plan will address. He noted that the pipes handle ground water, and the surface water will be retained and/or directed away. Mr. Tuttle said he thinks the amount of water will be about the same in the long run, and he noted they have a responsibility not to damage others' property. In response to a question from Commissioner Kirkmeyer, Ms. Adler read the language for an additional note, concerning the study, which she recommended be added to the plat before recording. Mr. Tuttle said the language is too specific, and there may be other alternatives than locating the line. He said the matter needs to looked at from an engineering standpoint, and the water may be able to be rerouted without locating the other line. Mr. Tuttle reiterated this is not appropriate discussion at the zoning stage, and they need flexibility. Mr. Scheltinga suggested taking the wording concerning locating the pipe be taken out of the condition. Ms. Adler read the amended note into the record. Mr. Scheltinga suggested adding a mitigation plan be required. Commissioner Baxter explained the reason this needs to be discussed at the zoning stage is to see how big of a problem this matter is. In response to a question from Chairman Harbert, Mr. Hoff said they agree that this procedure may cover their concerns; however, they are not endorsing any plans and will be back at the next 930159 RE: HEARING CERTIFICATION - HABROCK PAGE 3 hearing. Ms. Adler noted that the District will be sent a copy of the application for a referral, now that staff is aware of the District. In response to a question from Commissioner Hall, Mr. VanDop said the wetlands will be delineated, and will not be disturbed. He said a study will be done and reviewed by the Corps of Engineers. Commissioner Hall moved to approve the request of Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. , for a Change of Zone from A (Agricultural) to E (Estate) , with the additional note on the plat as recommended by staff, which is Condition of Approval 01.f. , and the Conditions of Approval as entered into the record, based on the recommendations of the Planning staff and the Planning Commission. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. This Certification was approved on the 22nd day of February, 1993. ,",J,I �,,,��///��/,��,/�� APPROVED: ATTEST: / I/7/L BOARD OF COUNTY COMMISSIONERS V WEL COUNTY, COLORADO Weld County Clerk to he Board By:�L1d Constance L. Harbert, Chairman Deputy Clerk to the Boa EXCUSED W. H Webster, Pro-Tem TAPE #93-06 George Baxter DOCKET #93-09 7—)7,1_1 (/ Dale K. Hall PL0898 jigak - y.�s Barbara J. Kirkmeyer 930159 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 93-09 Eugene L. and Pamela A. Habrock Z Tuttle Applegate, Inc. 8374 Weld County Road 64 Windsor, Colorado 80550 DATE: February 17, 1993 TIME: 10:00 A.M. REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the W; NW} and part of the E? NW** of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: South of Highway 392, east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson, Deputy DATED: January 25, 1993 PUBLISHED: January 28, 1993, in the Windsor Beacon 93 159 So Beside Moe tat be adSed In wed el each Newt*lead lise days prior cootto the AFFIDAVIT OF PUBLICATION hearing. The reporter a court STATE OF COLORADO reporter shall be Come 4 the requesting Pa- ss ___ COUNTY OF WELD BE IT ALSO KNOWN NSW%Bt fondnB Mat the text and nape a N so codified by the Weld I, KEITH HANSEN, of said County of Weld, being duly IIIIPe ol.-the Plenainp aims antWtld County. sworn,say that I am publisher of County Zonal Commission may be Ordinance, a Public in 'doe of WINDSOR BEACON sting will be held In is Clark to me lead of 1M Chambers of US Carrnty Commh1MnN"' the Weld Beard of Comity located InCerdamnlef a weekly newspaper having a general circulation in said Crrrtdlorwre of Wet County County and State, published in the town of WINDSOR, testy,Colorado,Weld Center,915 19th Meet, panty CentenMat Third Floor, Greeley, in said County and State; and that the notice, of which Ceder,915 fah street. Colorado. the annexed is a true copy, has been published in said First Floor, Greeley, weekly for__ _ successive weeks, that the notice Colorado,-atthe then DOCKET Np.93-09 was published in the regular and entire issue of every specified. All persons in any manner Imarestod APPLICANT:Euypr L. number of the paper during the period and time of In the following aM Pamela A.*brad( publication, and in the newspaper proper and not in a proposed change of %Tufts Applegate,Inc., supplement, and that the first publication of said notice Zane are requested to 1174 Weld Cowl Road PP attend and may be $4,Windsor,Caws* was in said paper bearing the date of the herd. 10550 2g it.i,day oftasuacta..u� , A.D., 19'7? and Mould the epplleanl r DATE: February 17, the last publics n bearing tIce date of the any SIN I the ested Party presided a. 1993 dlil reporterto maks• TIME: 1000A.M. day of A.D., 19_ and rf*d of Ile that the said WINDSOR BEACON has been published pweippeinpe le ot Id taped recold a Zonddlibse e from REQUEST: Change A continuously and uninterruptedly for the period of 5 Wilt wm te kept MOO (Agricultural) to E consecutive weeks,in said County and State, prior to the be hearing,the Clerk% (Estate) date of first publication of said notice, and the same is a LEGAL DESCRIPTION newspaper within the meaning of an Act to regulate Part of the W12 NN1/4 printing of legal notices an advertisements, approved and pan of the Et/2 May 18, 1931, and all prior cts r as in force. NW1/4 of Section 24, - Township 0 North, Range 87 /1/em Range West of the -)\ ell P.M..,,Weld cony., Wong* ` ' P LISHER LOCATION: South of Highway 392,east of Subscri an sworn to before me this otv�C . day Y �n.� Mid County Road 23 of / 19 9-3 BOARD OF COMMISSIONERS,COUNTY /��`'- j7-,4' WE DCOUNTY, NOTARY PUBLIC COLORADO /� BY; DONALD D. My commission expires // '1 / / 7 4 . WARDEN WELD COUNTY CLERK TO _ we BOARD BY: Betty Hanson, DaPRI • Published In the Wlrr O$SSSM on . away■,a • 920159 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket 7/93-09, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 27th day of January, 1993. 3. _ q Deputy Clerk tfib the Board Free Enterprises, Inc. Poudre Canyon Road Bellvue, CO 80512 Lee A. Stark Poudre Canyon Road Bellvue, CO 80512 G. D. McGarvey Poudre Canyon Road Bellvue, CO 80512 Henry Stromberger, Jr. 11095 Highway 392 Windsor, CO 80550 Freida Stromberger 10595 Highway 392 Windsor, CO 80550 Robert and Olga Lorenz 4945 Gray Street Denver, CO 80550 Timothy and Lana Stutzman 2107 50th Avenue Greeley, CO 80634 Helen and Werner Detterer 11731 Weld County Road 66 Greeley, CO 80631 Lee W. Detterer 31815 Weld County Road 66 Greeley, CO 80631 Joseph and Judy Sandoval 11492 Highway 392 Windsor, CO 80550 9. 0159 Boyd and Allison Moyer P. 0. Box 96 Johnstown, CO 80534 Charles and Clara Collopy 2118 Country Club Cover Ft. Collins, CO 80524 Howard and Associates, Ltd. 518 17th Street, Suite 640 Denver, CO 80202 Eugene L. and Pamela A. Habrock % Tuttle Applegate, Inc. 8374 Weld County Road 64 Windsor, CO 80550 Robert VanDop Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, CO 80233 Walker Miller Karowsky, Witwer, Miller & Oldenburg 822 7th Street, Suite 760 P. 0. Box 1407 Greeley, CO 80632 9'0159 Eck 026 1/4O 0 0 a rM 0. Z O w 0 C a0 E-i F O F O U wa caw 3 a W co w ti a cn c� 0 , Q 2 - I- 0 (V'S CC JP.4s x)°,OO ems oavuoi00'A3133H0—891 XO9'O'd ICI' 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 ©lgE 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 RTbHt-OF-WAY. BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # Z - 5�7S THE SIGN WAS POSTED BY: Can e Waittre--k NAME OF PERSON POSTING SIGN SI TURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRI$2tAND, SWORN TO ME THIS 27th DAY OF January , 19 93 � r ' SEAL y dirk) if. LI/aAdr `S'e ue:ay"_ NOTARY PUBLIC MY COMMISSION EXPIRES April 23, 1996 LAST DAY TO POST SIGN IS: , 19 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. PLcggi g E__x hI bA { E 930/59 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 15, 1992 A regular meeting of the Weld County Planning Commission was held on December 15, 1992, in the County Commissioners' Hearing Room (Room ##101) , Weld County Centennial Building, 915 10th Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 428 Roll Call Richard Kimmel Present Jean Hoffman Present Tom Rulon Present Bill O'Hare Present Judy Yamaguchi Present Juliette Kroekel Absent Don Feldhaus Absent Shirley Camenisch Present Bud Clemons Present Also present: Lanell Swanson, Current Planner, Department of Planning Services, Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. CASE NUMBER: Z-475 APPLICANT: Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. Bob Van Dop, representative, Tuttle Applegate, Inc. , presented an overview of the application. The property is 109 acres, located 3 miles east of the Town of Windsor. Public water is already on site. This application is compatible with the Town of Windsor's Improvement Areas and the Urban Growth Policies of Weld County. Proposals for improvements on the property include access roads, a storm water runoff plan, and the extension of the water line service for domestic and fire protection purposes. The property will be developed in three stages. In Phase I farming activities will continue on the undeveloped lots in back. In Phase II and III agricultural use of the back lots will continue on a smaller scale. The applicant plans to initiate a Homeowner's Association and will also provide a horsepath around the subdivision. A portion of the property is in partial wetlands and the applicant will comply with all requesps of the Division of Wildlife. Discussion followed (35 minutes) regarding the right-of-way on Weld County Road 23, and the extension of a bridge over an irrigation canal that Greeley Ditch Number 2 owns. xHI ca.-40159 n\l-,pia SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING ( December 15, 1992 Page 2 Bill O'Hare asked for an explanation of a lease-back and what type of farming would continue on the property. Gene Habrock said the property would be planted with alfalfa, pinto beans and native grasses. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons moved to amend Condition of Approval Number 2(a) to read "an executed agreement with both property owners to the north showing the ability of the applicant to acquire a 50-foot right-of-way on both sides of the section line to provide access south from State Highway 392 or as otherwise agreed to by the Weld County Engineering Department" . Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Bud Clemons - yes; Shirley Camenisch - yes; Tom Rulon - yes. Motion carried unanimously. Bill O'Hare was concerned about the letter from the Town of Severance stating this proposal was not compatible with the Town's Comprehensive Plan. Bob Van Dop stated he was not aware the Town of Severance had a Comprehensive Plan. Lanell Swanson said a Comprehensive Plan for the Town of Severance cannot be documented. Bud Clemons moved Case Number Z-475, Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. , be forwarded, as amended, to the Board of County Commissioners with the Planning Commission recommendation for approval. Richard Kimmel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Bud Clemons - yes; Shirley Camenisch - yes; Tom Rulon - yes. Motion carried unanimously. CASE NUMBER: USR-995 APPLICANT: Cache Exploration, Inc. REQUEST: A Site Specific Development Plan and a Special Review permit for an oil and gas production facility (four oil and gas wells and associated equipment) in the R-1 (Low Density Residential) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 24, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 66; east of and adjacent to Weld County Road 35. 930159 BEFORE THE WELD COUNTY, COLORADO, PJANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 11: I: Cy Moved by Bud Clemons that the following resolution, with the mcL&m ft to Condition of Approval 2(a) , be introduced for passage by the Weld Cddzity Manning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-475 NAME: Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. ADDRESS: 8374 Weld County Road 64, Windsor, Colorado 80550 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. 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 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 and the City of Greeley have reviewed this proposal and have no objections to the proposed change of zone. 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 agricultural production, oil and gas production and rural residences. Adequate water and sewer service can be made available to the site to service the uses permitted within the proposed zone district. North Weld County Water District has water available to the site. Septic systems are proposed for sewage disposal. 91) 9 KXt1 1 a r RECOMMENDATION, Z-475 Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. Page 2 The proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. The applicant has demonstrated that soil condition limitations on the site can be overcome and that the limitations will be addressed by the applicant prior to the development of the property. Engineering design or soil additives have been proposed to mitigate slight or moderate soil limitations. 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 following notes shall be adopted and placed on the Change of Zone plat prior to recording. 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. a. The Subdivision Preliminary Plat submittal shall include evidence that the property has been mapped for waters of the United States which includes wetlands determination and delineation pursuant to Section 404 of the Clean Water Act. b. An access permit is required to be issued by the State of Colorado, Transportation Division, prior to any change of use on the property. c. The proposed road to the change of zone area shall be aligned with Weld County Road 23 to the north. d. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. e. Sewage disposal shall be provided by individual sewage disposal systems. 930!59 RECOMMENDATION, Z-475 Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. 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 both property owners to the north showing the ability of the applicant to acquire a 50-foot right-of-way on both sides of the section line to provide access south from State Highway 392 or as otherwise agreed to by the Weld County Engineering Department. b. an executed agreement with the Cache La Poudre Irrigating Company showing the ability of the applicant to upgrade or replace the bridge across the Greeley No. 2 Canal, if necessary. Motion seconded by Richard Kimmel. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Jean Hoffman Judy Yamaguchi Bud Clemons Shirley Camenisch Tom Rulon The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 15, 1992. Dated the 15 of /ccempbMbee/r, 1992. Sharyn F Ru f I I Secretary 920159 ADDITIONAL COMMENTS Z-475 Eugene L. and Pamela Habrock The Town of Severance has expressed concerns with traffic, access, and the conversion of agricultural land to urban uses. Their concerns have been addressed by the applicant. The Town of Severance' s attorney has stated that, to his knowledge, a comprehensive plan has not been developed for the Town. He also stated that the Town is concerned that this development will compete with a proposed development within the Town limits. 930159 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Eugene L. and Pamela Habrock Case Number: Z-475 Submitted or Prepared Prior to Hearing After Hearing 1. Application 27 pages X 2. 2 Application plats 2 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. December 2, 1992, referral from City of Greeley X 12. November 19, 1992, referral from Corps of Engineers X 13. November 20, 1992, referral from Weld County Health Department X 14. November 17, 1992, referral from Windsor Fire Protection District X 15. November 18, 1992, referral from Oil and Gas Conservation Commission X 16. November 16, 1992, referral from the Department of Highways X 17. November 17, 1992, letter from Windsor Planning Department X 18. December 15, 1992, referral from West Greeley Soil Conservation District X 19. December 9, 1992, referral from Town of Severance X 920159 KY-ND31 i k9 INVENTORY OF ITEMS, Z-475 Eugene L. and Pamela Habrock Page 2 20. December 7, 1992, referral from Weld County Engineering X 21. December 4, 1992, referral from Town of Windsor X 22. January 12, 1993, letter from Walker Miller X 23. December 21, 1992, option to purchase - Collopy/ Beaman X 24. January 18, 1993, crossing agreement with New Cache La Poudre Irrigating Company X 25. December 16, 1992, option to purchase - Lorenz X 26. December 22, 1992, memorandum of understanding with New Cache La Poudre Irrigating Company X 27. December 23, 1992, letter from Robert VanDop X 28. December 29, 1992, letter to Bob VanDop from Lanell Swanson X I hereby certify that the 21 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 January 20, 1993.Q-34.04 c _2 Mu rent P an.-r at_ STATE OF COLORADO ) COUNTY OF WELD A Q��-J\ 1{1111}NrsIII/q/�V/ �..y�. I I S I'''''' SWORN TO BEFORE ME THISO�� day of 1 19 01A rNCio % ---`•,� 'P N TARY PUBLIC My }oDoris e1 tExpires uiS3eOlntrPreS Noma.21.199$ Fcr pC 9201.59 EXHIBIT INVENTORY CONTROL SHEE' Case £OZ, — ��.� a j c. rv.S& Exhibit Submitted By Exhibit Description lJt2..4)/q3 A. rl)1 s3 B. �' ,Y.v,� , � „ -C , w�.=a— 11_ 0/93 C. ,,,r„vv✓� Y,vn.v�.da�c.u� ,24.4.-„,NL4„,y If Hsi -&AA il�olg3D. CS142,1Tt. as ( I e.a, 3// k3 E. Atts# /ap thoa + U . Po�ttna a- F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 9301,59 KAROWSKY, WITWER, MILLER & OLDENBURG ATTORNEYS AT LAW 022-7TH STREET,SUITE 780 STOW L.WITWER.JR. R.0 BOX 1407 JACQUELINE JOHNSON WALKER MILLER GREELEY, CO 80632-1407 CURTIS R. SEARS R. SAM OLDENBURG JOHN J.BARRY 13031 352-3181 CHARLES A. KAROWSKY MARILYN J.DAVID FACSIMILE(3031 352-3165 OF COUNSEL January 12, 1993 HAND DELIVERED t JAN 1 2 1993 Lee D. Morrison 4_.rn^.--;A^ Assistant County Attorney PO Box 1948 Greeley, CO 80632 Re: Habrock Change of Zone Dear Lee: Pursuant to our phone conversations we have attempted to address the unresolved matters of Lanell Swanson's December 29, 1992, letter. For that purpose I am enclosing copies of the following: 1. New Option to Purchase Real Estate agreement concerning the Northwest Quarter of the Northwest Quarter of Section 24. 2. Crossing Agreement with The New Cache la Poudre Irrigating Company. Before addressing these two documents I would observe that once explained, you agreed that the option to purchase the East 30 feet in the Northeast Quarter of the Northeast Quarter of Section 23 was sufficient since it is a fee interest and we need not further declare that it is for a public road right-of-way. We also agreed that the platting process, with its attendant dedication of the public roadway, would mean that the acquisition would not violate the statutory prohi- bitions of a transfer of less than 35 acres because it is part of a subdivision process before the County. Turning to the enclosed, they should meet the concerns of Ms. Swanson as follows: 1. The enclosed ditch Crossing Agreement is now in the standard form used by the Company, granting a public road right-of-way 32 feet in width with the right to install a bridge of the same width in accordance with County standards. From our conversations, this should surely resolve any concern the County may have previously had. `930159 KAROWSKY, WITWER, MILLER & OLDENBURG Lee D. Morrison -2- January 12, 1993 2. The new option makes clear that the Habrocks have the right to purchase the West 50 feet of the Northwest Quarter of the Northwest Quarter, thereby again taking care of Ms. Swanson' s concerns about public road purposes. Please advise me immediately if these documents do not satisfy your concerns; otherwise, we would appreciate that th m tter be scheduled before the Commissioners at the ear st possi e time. er truly ours, Walker Miller WM:vle Enclosures pc: Gene Habrock 90 1..459 OPTION TO PURCHASE REAL ESTATE The undersigned do hereby grant to Eugene L. Habrock and Pamela A. Habrock the option to purchase by warranty deed the following described property: The West 50 feet of Lot A of Recorded Exemption No. 0807-24-2-RE1381, recorded January 17, 1992, in Book 1323 as Reception No. 02275478, being located within the following described parcel : that part of the NW* of the NW* of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying North of the Irrigating Canal No. 2, sometimes called the No. 2 Canal or the No. 2 Ditch. In addition, the undersigned also agree to convey by quit claim deed to said optionees all the undersigned's right, title, and interest, if any, in and to the West 50 feet of the Northwest Quarter of said Section 24 as the same crosses said Irrtt' g anal No. 2, somtimes called the No. 2 Canal or the No. 2 Ditch. The .pe ofi this option shall be from the date hereof until June 17, 1993. The option payment is $50.00, receipt of which is hereby acknowledged by the undersigned. The total purchase price is $423.22, with the $373.22 payable at closing after crediting the option payment against the purchase price. Dated effective the 21st day of December, 1992. .c.c,✓ L 1) Charles Troutman Collopy f�� / Dennis J. ea :n ( P)-e-re_ a.4y�^ie,,eic-.42 2 c',�i lea_-na..�-- Clara Frances Collopy / J DeeAnn Beaman 920159 CROSSING AGREEMENT THIS AGREEMENT, made this /62 day of January, 1993, between THE NEW CACHE LA POUDRE IRRIGATING COMPANY, hereinafter the "Company" , and Eugene L. Habrock and Pamela A. Habrock, hereinafter "Second Party" . THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Greeley Canal No. 2; and WHEREAS, Second Party desires to acquire a certain right- of-way to cross the irrigation ditch of the Company for the purposes of a public road right-of-way and enlarging an existing bridge over said ditch. NOW, THEREFORE, in consideration of TEN DOLLARS and other good and valuable consideration ($10. 00) , together with the sum of $100. 00 to reimburse The New Cache La Poudre Irrigating Company for payment of attorney's fees, the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: 1. The Company grants to Second Party a public road right- of-way and easement for the purposes of a public road right-of- way and enlarging an existing bridge up to 100 feet in width over the ditch owned by the Company in Weld County, Colorado, pursuant to the standards of Weld County, at the location designated on the Exhibit "A" attached hereto. 2 . The Company grants to Second Party the right of ingress and egress to and from said easement, as necessary and reasonable for the exercise of the purposes of this agreement. 3 . All work shall be performed only after prior notice and submission of plans and specifications to the superintendent of the Company, and, if required, will be performed under the supervision of such superintendent. 4 . In the event any sum is expended by the Company for repair or maintenance of the ditch at the point of disturbance, which repair or maintenance is necessary because of Second Party's acts or omissions in crossing the ditch, or because of the existence of the crossing, Second Party shall reimburse the Company for such expense. Determination of whether repair or maintenance is necessary, and whether an emergency exists, shall be the sole right and privilege of the Company. 5. All construction activity shall be coordinated with the Company's superintendent. 6. Installation and maintenance of the bridge shall be entirely without disturbance by Second Party or its agents of the flow of water in the Company's ditch, unless permission in writing is first received from the Company for such disturbance. Second Party expressly agrees that it shall be liable to the Company or its shareholders in damages for any unauthorized p 9301.59 disturbance of the flow of water through the ditch, to the extent only that such disturbance is caused by Second Party. 7 . In the event that the Company finds it necessary to perform emergency repairs to the disturbed portion of the ditch bank, either now or at any future time, the Company shall be wholly without liability for damages to Second Party as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 8. Installation of said bridge shall be entirely without cost to the Company. The Company's attorneys shall be directed to prepare this Crossing Agreement, and their fees and expenses of $100.00 shall be paid by Second Party. 9. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and manage its ditch as if this Agreement had not been made, and any expense or damages caused thereby to Second Party shall not be chargeable to the Company, except as to such damage as may be caused by the Company's negligence. In the event, however, that any such action on the part of the Company could reasonably be expected to affect Second Party, the Company agrees to give prior notice to Second Party, and to cooperate to avoid injuries or damages to the bridge. 10. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto. Upon transfer of its interest in this Crossing Agreement, Second Party agrees to inform the Company of the name of the transferee. 11. Second Party agrees to record this Agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Larimer County, Colorado, and furnish evidence of such recording to the Company. No work shall commence until evidence of recording is furnished to Company. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper officers, and have affixed their seals hereto on the day and year first above written. NEW CACHE LA POUDRE IRRIGATING COMPANY By:O•2 G✓ v�t Its: Pc Eu ne L. Habrock Pamela A. ckL�. JAN 2 0 1993 'MI.II 1 wpc\whb\n.wcech.\cry s g "+?ffih 4'l iarV 4 WlfMnA 920159 EXHIBIT A TO CROSSING AGREEMENT BETWEEN THE NEW CACHE LA POUDRE IRRIGATING COMPANY AND EUGENE L . HABROCK AND PAMELA A. HABROCK The legal description of the right-of-way and easement of the attached Crossing Agreement is the East 50 feet of the property of the New Cache La Poudre Irrigating Company ( "Company" ) located in the Northeast Quarter of the Northeast Quarter of Section 23, Township 6 North, Range 67 West of the 6th P.M. and the West 50 feet of said Company' s property in the Northwest Quarter of the Northwest Quarter in Section 24, Township 6 North, Range 67 West of the 6th P .M. , Weld County, Colorado, with the Company's property being commonly referred to as the Irrigating Canal No . 2 or the No . 2 Canal or No. 2 Ditch, together all of its appurtenances . 9301.59 trr Ew sG f C / /nt ' 2. cAyeGli,(ry�rtr5 7 t tg ; O kerh y Ce1 're e Dt 5c // a a-R cau v 2 de e c4 D% a r ��r .( ! /' - kf �. 2-. .per Perks. c/4 ,/lc'h� �vetrr La-az 4774e- ,42 1 m- P_ N0r kegs F GOi^Ke_r^ of a parcc/ of- rnoper1%7 w ,'t & -tkc 1°f/ Io her- 1 c4.GserrilYtn1 — lZ of )rive Ivg V , stc 23 rfQ1M `� L 6¢ Wet,.0. cc . Z%ra o/ hei�7er Kkv-ou- .L. -74 Az. the F 0 g rru.a -Pc?rn. 7'l,.c C5C/e4 farce( 5Lgii/ 6e ,1st& [tea / Lc3.7 apt,62 ✓! tey J2radle/ /6 Gk c p,Ivao as c pea 073 dtho 744;6-a 6 d,`u,'s'o . ®p71-t m. 2`"J 6-e Ljt 1C fe- fair O e Emi`D.�cir o 1' �w -Ew-„,,„- th_e_ r„,,c_- off G'us c-o t no Or- e, .`E ( ? /1.z / Lit 43 "Okra p,rckue price. he 111-13S. 06 S- 41473 frit 7741C 7/I'1 r� 3�oti 1429 X 2-- 930159 _ MEMORANDUM OF UNDERSTANDING This agreement is made this 22nd day of December, 1992, by and among Eugene L. Haybrock and Pamela A. Haybrock (hereinafter "Haybrocks") and the New Cache La Poudre Irrigating Company (hereinafter "New Cache") . WHEREAS, New Cache owns an irrigation canal known as the Greeley No. 2 Canal, and WHEREAS, Haybrocks want to upgrade an existing bridge that crosses said canal near Weld county Rd. 23 and State Hwy. 392, and WHEREAS, New Cache is willing to negotiate with Haybrocks to seek to arrive at a mutually acceptable crossing agreement so that the bridge can be upgraded without harming the canal or the ability of New Cache to deliver water in said canal, NOW, THEREFORE, New Cache agrees with Haybrocks that it will, through its appropriate officers, directors, and employees, seek to reach a mutually acceptable written agreement for such upgrading with the Haybrocks that will among other things satisfy the requirements of Weld County, Colorado, as to what it may require in connection with the subdivision. plans of Haybrocks. Eug e L. Haybrock C - lase .> d7 Pamela A. Haybroc New Cacfil �udry —rrigating Co. by: % I`its: / / w - 1 ii�r-1 r.L'-r.>/ 1/ f 930139 ***END*** TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development December 23, 1992 Ms. Lanell Swanson Weld County Department of Planning 1400 North 17th Avenue Greeley, CO 80631 RE: Z-475; Habrock Subdivision Dear Lanell, I spoke to Drew Scheltinga, December 22, 1992, with regard to the County Engineer's recommendations for Habrock Subdivision. We spoke specifically about right-of-way acquisition from adjacent property owners (Item 2A Planning Commission Resolution December 15, 1992). Drew said that a compromise could be reached by having the west property owner (Lorenz) agree to sell a 30 foot strip 600 feet in length. The additional 20 foot width request could be waived and dedicated in the future. Also to have the north property owner (Beeman) sell the Habrock's a 50 foot x 300 foot strip, which includes the existing 30 foot access easement crossing their property. After lengthy discussions with Mr. Habrock, we feel this is acceptable and would like to proceed with scheduling the next public hearing for this project in front of the County Commissioners as soon as possible. As of December 22, 1992, Mr. Habrock has been in contact with Jeff Harbert with regard to the ditch crossing and written approval to cross the Poudre Irrigating Company's ditch either will be in hand or forwarded to your office by December 23, 1992. Thank you again for your assistance. Sincerely, TUTTLE AP LEGATE, INC. Robert VanDop RV/sj r cc: File #92-168PF Gene Habrock Drew Scheltinga, County Engineer's Office 11990 Grant Street #410 930159 Telephone: (303) 452-6611 Denver Colorado 80233 Facsimile- (303) 452-2759 (ita DEPARTMENT OF PLA NNING SERVICES PHONE(303)353-3845, EXT. 3540 WI C• WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO December 29, 1992 Mr. Bob VanDop Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, CO 80233 Subject: Habrock Change of Zone Dear Mr. VanDop: As you know, at the December 15, 1992, regular meeting of the Weld County Planning Commission, the members voted to require two executed agreements from Mr. Habrock, prior to this case being submitted to the Board of County Commissioners for its review. The purpose of the agreement was to ensure that adequate street or highway access was available to meet the requirements of the proposed zone district. The required agreements included: 1) an agreement with both property owners to the north showing the ability of the applicant to acquire a 50-foot right-of-way on both sides of the section line to provide access south from Highway 392, or as otherwise agreed to by the Weld County Engineering Department; and 2) an agreement with the Cache La Poudre Irrigating Company showing the ability of the applicant to upgrade or replace the bridge across the Greeley No. 2 Canal, if necessary. It should be noted that the Weld County Engineer has agreed that a 30-foot right- of-way will suffice at this time on the west side of the section line. Lee Morrison, Assistant Weld County Attorney, and I have discussed the proposed agreements you submitted to us on December 23, and we have the following comments: 1) The Memorandum of Understanding with the New Cache La Poudre Irrigating Company simply states that the company is willing to negotiate with the Habrocks to "seek to arrive at a mutually acceptable crossing agreement so that the bridge can be upgraded without harming the canal. . . " Until an agreement is in place, there is still the question of whether adequate access is available to the site in question. In addition, the memorandum does not attempt to address the contingency of total bridge replacement being required. 9%d 159 Bob VanDop, Tuttle Applegate, Inc. December 29, 1992 Page 2 2) The agreement with the Lorenzes should state that the strip of land is for "public road right-of-way purposes" . If the Lorenzes are not comfortable with revising the agreement, this letter serves as your notice that Weld County would consider the 30-foot parcel as a right-of-way for public road purposes. This statement does not imply that the County would accept maintenance of the road. 3) The agreement with the Collopys and the Beamans needs to describe a 50- foot right-of-way for public road purposes. The description of the 30- foot easement is misleading and is not technically correct. The existing 30-foot easement would be merged into the 50-foot right-of-way and would no longer be in effect. Until the required agreements have been submitted to us in a form that meets the intent of the Planning Commission' s conditions of approval, this case can not be forwarded to the Board of County Commissioners for scheduling. Please let me know if you have any questions. Sincerely, V 'el'Ka/td. t✓ 1/v J Lanell J. Swanson Current Planner LJS/sfr pc: Lee Morrison, Assistant County Attorney Board of County Commissioners 9a0 ?59 Date: December 8, 1992 CASE NUMBER: Z-475 NAME: Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. ADDRESS: 8374 Weld County Road 64, Windsor, Colorado 80550 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. 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 and the City of Greeley have reviewed this proposal and have no objections to the proposed change of zone. 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 agricultural production, oil and gas production and rural residences. Adequate water and sewer service can be made available to the site to service the uses permitted within the proposed zone district. North Weld County Water District has water available to the site. Septic systems are proposed for sewage disposal. The proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. 9301.59 RECOMMENDATION, Z-475 Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. Page 2 The applicant has demonstrated that soil condition limitations on the site can be overcome and that the limitations will be addressed by the applicant prior to the development of the property. Engineering design or soil additives have been proposed to mitigate slight or moderate soil limitations. 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 following notes shall be adopted and placed on the Change of Zone plat prior to recording. 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. a. The Subdivision Preliminary Plat submittal shall include evidence that the property has been mapped for waters of the United States which includes wetlands determination and delineation pursuant to Section 404 of the Clean Water Act. b. An access permit is required to be issued by the State of Colorado, Transportation Division, prior to any change of use on the property. c. The proposed road to the change of zone area shall be aligned with Weld County Road 23 to the north. d. Water service shall be provided by North Weld County Water District in quantities adequate for the proposed uses and fire protection. e. Sewage disposal shall be provided by individual sewage disposal systems. 93U'1' RECOMMENDATION, Z-475 Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. 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 both property owners to the north showing the ability of the applicant to acquire a 50-foot right-of-way on both sides of the section line to provide access south from State Highway 392. b. an executed agreement with the Cache La Poudre Irrigating Company showing the ability of the applicant to upgrade or replace the bridge across the Greeley No. 2 Canal, if necessary. 930159 ADDITIONAL COMMENTS Z-475 Eugene L. and Pamela Habrock The Town of Severance has expressed concerns with traffic, access, and the conversion of agricultural land to urban uses. Their concerns have been addressed by the applicant. The Town of Severance's attorney has stated that, to his knowledge, a comprehensive plan has not been developed for the Town. He also stated that the Town is concerned that this development will compete with a proposed development within the Town limits. 9SSt59 LAND-USE APPLICATION SUMMARY SHEET Date: December 8, 1992 CASE NUMBER: Z-475 NAME: Eugene L. and Pamela A. Habrock ADDRESS: 8374 Weld County Road 64, Windsor, CO 80550 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. SIZE OF PARCEL: 110 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 21.5 of the Weld County Zoning Ordinance. Referral responses have been received from the Army Corps of Engineers, Weld County Health Department, Windsor Fire Department, Colorado Oil and Gas Conservation Commission, Colorado Department of Transportation, and City of Greeley. The Department of Planning Services' staff has not received any objections from surrounding property owners. 930139 .1 72-••, ,"2:s � �« I l ° P n• ll Oi ,M)^ •✓e=a L°e• ° xx • v_FipIIN SC. 23 .nai •• '• .r9rnr°.wai' ! • ••a •I. . .. u jis: ; flIENIIMIIU_': & :_IL ill112 11/4)W•5, • irk �I 1 9EVEP4 ror>o �, �_ i S Z Klrx: • •S i —rp•T.. .cv �. ° . .. _ � waver •.- Lake � fl J - EATON -1 - - - - -Nun ill "0 .Q•ed rVi ":.\ "L" ° . .....2 *fl11S- -' -- -- °•-:. _us t -riirrilf, :4 4 'Ca :: , • ed T. 6N. . igh -'� i ;t'. y pox, . • ro XT u5sr • . �, ` .�saxSI dIIx•• n, s'oUrpF r5 reSitil Ire°°SfL�ilS!!t�� ' � � �ar3 1.41.11201.111 IS �►IlliQ 1 GPEpi ]. ° tr I E1 c 511 5 _ _ _ _JP! iJ 1. ! I' �Jf!it:es. 58 alpveux✓ In °o I .33 � ! at ' .95•56 do-. 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IC 1 • t. lint � • lint 21, 1 941• al c FIELD CHECK FILING NUMBER: Z-475 DATE OF INSPECTION: November 30, 1992 APPLICANT' S NAME: Eugene L. and Pamela Habrock, c/o Tuttle Applegate REQUEST: Change of Zone from A (Agricultural) to E (Estate) zone district. LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. LAND USE: N Canal, 1 residence. E Agricultural production, 1 residence. S Agricultural production. W Agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is on a private right-of-way south from Highway 392, which crosses a canal. The property is south of a ditch and has been farmed. The property also contains oil and gas production and wetlands. The property slopes slightly to the south. u rent a'ner 930159 REFERRAL LIST NAME: Eugene L. and Pamela A. Habrock CASE NUMBER: Z-475 REFERRALS SENT: November 12, 1992 REFERRALS TO BE RECEIVED BY: November 20, 1992 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 _ X Highway Department 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 _ Eaton F-4 Northglenn New Raymer _ Fort Lupton F-5 _Nunn _ Galeton F-6 Platteville Hudson F-7 X Severance _Johnstown F-8 Thornton _La Salle F-9 X Windsor _Mountain View F-10 ____Milliken F-11 COUNTIES _Nunn F-12 Adams Pawnee F-22 Boulder ____Platteville F-13 Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 X US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service / X Windsor/Severance F-17 _Federal Aviation Administration Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. X Greeley Tri-Area Planning Commission Longmont X Cache La Poudre Irrigating Co. West Adams 33040 Railroad Avenue P.O. Box 104 COMMISSION/BOARD MEMBER Lucerne, CO 80646 9'4;0159 12-02-1992 04:51PM FROM TO 635'1009979 P.01 (G� 'rl? aO/z4O7t `k 4.4.1:CIMG 2/Z9z PLANNING SERVICES wilge PHONE(303)3533845, EXT.3540 �. Ø\\sçSWARTMENTOF ' ' WELD COUNTY ADMINISTRATIVE OFFICES \ r.Vis I/(-", , 1400 N.17TH AVENUE ` :i GREELEY,COLORADO 80631 COLORADO it Ill t November 13, 1992 � ' N Cam• NUMBER: Z-475 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate). The parcel of land is described as part of the w2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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. ourive. co Lait)4141 r �C�Nbild tat,A LA .ledL qN OF f 6 t,of llREtl°hl tfe2041i 4. A formal recommendation is under consideration and will be submitted to you prior to: t �� [[[ 41De ` 5. Pleas re er ,Co the enclosed ,�l14veter.Cec,• ' eicSigne g y Date: • 1 lit P «W5 Actyrt44444 it..eA ice\4;j fika. 0,1/4„2„140“:4„..„ /4.,t90 9:7e-\ - cz:zjj....____ , DEC 2 '92 1E:51 PAGE.001 9201.59 12-02-1992 04:52PM FROM TO 63510978 P.02 RESOLUTION 7, 1985 A RESOLUTION AMENDING THE CITY 'S REVIEW PROCEDURES FOR WELD COUNTY RECORDED EXEMPTIONS THAT ARE REFERRED TO THE CITY. WHEREAS, Section 19-7 of the Charter of the City of Greeley charges the Planning Commission with platting and subdivision control of land within the City and within three miles thereof; and WHEREAS, the Weld County Board of County Commissioners have revised their subdivision regulations effective July 1 , 1985; and WHEREAS, these revised regulations allow the Weld County Planning Staff to administratively approve recorded exemptions ; and WHEREAS, the City of Greeley Planning Commission believes the review process for recorded exemptions within three miles of the Greeley city limits can be streamlined by charging the City of Greeley Planning Staff with reviewing these plans administratively. NOW, THEREFORE, BE IT RESOLVED by the City of Greeley Planning Commission, that the City of Greeley Planning Staff shall: 1 . be charged with administratively reviewing and making comment to the Weld County Planning Department on recorded exemptions that are referred to the City of Greeley; 2. insure that the following standards are forwarded to the Weld County Planning Department: a) appropriate right-of-way be dedicated; b) the overall gross density on any subdivision not exceed one dwelling unit per 20 acres within the area outside of the 2010 Growth Ring, and not exceed one dwelling unit per 10 acres within the 2010 Growth Ring; and c) the appropriate setbacks under the applicable zone be maintained with the subdivision; 3. forward any recorded exemption referrals to the City of Greeley Planning Commission where the Planning Commission ' s interpretation is necessary or where compliance with the Comprehensive Plan is in question; and 4. provide a regular update on the location and nature of recorcec exemptions referred by Weld County. PASSED AND ADOPTED, SIGNED AND APPROVED , this 24th day of September, 1985. ATTEST CITY OF GREELEY, PLANNING COMMISSION .�� - jrilf-IC �Sg��S�cee�acY Cktaireerson Planning "a TOTAL P.02 DEC 2 '92 16:51 PAGE.002 9'7'0159 (4Et *willt DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3345, EXT. 3540 C1400 WELD COUNTY ADMINISTRATIVE OFFICES ) N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO • November 13, 1992 CASE NUMBER: Z-475 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . )( Please n refer e to the enclosed letter. \ Signe R N\C\\- -. Agency: C-4`rIIJS o 6A4*Getr NJ 3y r Date: � \� �°laa. Wit' �1 r"y I 11 N0V 2 5 1992 4 1 93'0"_59 •o m.,.._4-.00.,nnsnn £Hr of DEPARTMENT OF THE ARMY c�' 1 \F CORPS OF ENGINEERS.OMAHA DISTRICT ��1 �, t TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 LITTLETON,COLORADO 80123.6901 Kovno November 23, 1992 Ms. Lanell J. Swanson Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Swanson: Reference is made to Case No. Z-475, application from Eugene L. and Pamela A. Habrock for a change of zone. Project location is Section 24, Township 6 North, Range 67 West, Weld County, Colorado. Prior to any work on this property, a wetlands determination and delineation should be conducted. This office should be contacted for proper Department of the Army permits prior to any activity which may impact existing waters of the United States, which includes wetlands. Please find the attached list of Environmental Consultants that may help with wetland delineations. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199280627. Sincerely, r Ti th . Car Project Manager j NOV 2 5 1992 1f l! •aFnR.n n...._. .n J I� 4 9301.53 R^ no ENVIRONMENTAL Cr' sTSULTANTS - This list is not comr"'d to endorse any specific consultant PEGGY ANDERSON-GOGUEN SCOTT ELLIS, PHIL HACKNEY & 420 Sunset Street TED BOSS Longmont, CO 80501 ENSR (303) 776-4636 1716 Health Parkway Fort Collins, CO 80524 SAMUEL A. BAMBERG, PhD (303) 493-8878 R A Consultants 26050 E. Jamison Cir. LOREN HETTINGER, PhD Aurora, CO 80016 Dames & Moore (303) 690-7402 1125 Seventeenth St., Suite 1200 Denver, CO 80202-2027 DAVID L. BUCICNER (303) 294-9100 PATRICK H. MURPHY ESCO Associates DAVID JOHNSON P.O. Box 18775 Western Resource Development Boulder, CO 80308 711 Walnut Street (303) 447-2999 Boulder, CO 80302 (303) 449-9009 JANE BUNIN, PhD Natural Science Associates DEBORAH KEAMMERER 3010 Regis Avenue Stoecker-Keammerer & Associates Boulder, CO 80303 Ecological Consultants (303) 499-5014 5858 Woodbourne Hollow Road Boulder, CO 80301 KATHLEEN COHAN (303) 530-1783 Resource Consultants & Engrs. Inc. P.O. Box 270460 STEPHEN G. LONG Fort Collins, CO 80527 STEVE VIERT (303) 223-5556 Cedar Creek Associates, Inc. 916 Willshire Avenue DAVID COOPER Fort Collins, CO 80525 Department of Environmental Sciences (303) 493-4394 Home: 493-1893 Colorado School of Mines Golden, CO 80401 JANICE MCKEE (303) 499-6441 Wetland Ecology & Associates 5745 Arrowhead JEFFEREY L. DAWSON Greeley, CO 80634 Project Scientist (303) 339-9351 Woodward-Clyde Consultants Stanford Place 3, Suite 1000 DAVID MEHAN 4852 S. Ulster Street Parkway Wright Water Engineers Denver, CO 80237 2490 W. 26th Avenue (303) 694-2770 Suite 100A Telex 501285 (Woodward DVR) Denver, CO 80211 (303) 480-1700 STEVEN DOUGHERTY ERO Resources Corporation ERIK OLGEIRSON, PhD 1740 High Street 4440 Tule Lake Drive Denver, CO 80218 Littleton, CO 80123 (303) 320-4400 (303) 347-8212 FAX (303) 320-4491 94;0159 Environmental Consult 's Page 2 LAURANNE RINK Aquatic & Wetland Consultants Aquatic & Wetland Construction Company Siena Square 2060 Broadway, Suite 255 Boulder, CO 80302 (303) 442-5770 FAX (303) 442-8133 MIKE SAVAGE 464 West Sumac Ct. Louisville, CO 80027 (303) 666-7372 RANDY SCHROEDER Greystone Development Consultants 5990 Greenwood Plaza Boulevard Suite 104 Englewood, CO 80111 (303) 850-0930 PETER SMITH Stoneman Landers, Inc. 11480 Cherokee Street, #L Denver, CO 80030 (303) 280-0048 BRUCE D. SNYDER Engineering-Science, Inc. 1700 Broadway, Suite 900 Denver, CO 80290 (303) 831-8100 MIKE STANTON Quaternary Environmental Consulting 1210 South Park Drive Monument, CO 80132 (719) 488-2769 GARY TUTTLE Tuttle Applegate, Inc. 11990 Grant Street, Suite #410 Denver, CO 80233 (303)452-6611 930159 mEmORAnDUm WilkTo Lanell J. Swanson Date COLORADO Weld County Plannin November 20, 1992 From John S. Pickle . , Director, Environmental Health Subject: Case Number: -475 Name: Habrock, Pamela and Eugene C/0 Tuttle Applegate, Inc. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. No permanent disposal of wastes shall be permitted at this site. 2. Fugitive dust shall be controlled on this site. 3. The Division requires that this facility utilize an existing municipal sewer treatment system. 4. If municipal sewer is not available, an individual sewage disposal system, is required for each proposed residence and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5. A preliminary study of soils and geologic conditions at the site, including percolation data from separate sites in this subdivision, is required before this Division can evaluate this proposal. 6. The Division requires that this development utilize existing public water supply. 7. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 8. After October 1, 1992, 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/lam-2406 le N0V 24 1992 930 x.59 raCr-c" DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT.3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI I P 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 13, 1992 CASE NUMBER: Z-475 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J . Swanson if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. +' We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please` fer�he enclosed letter. Signed: J� Agency: �/A//) /sor / / re Dr.- Date: //—/-2— 9 7--- cJ ti. cq CJ N0V 1 9 1992 Ls WOO P►anadna 9.30159 ;•••:::(it DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI ID 1400 N. 17TH AVENUE GREELEY, COLORADO80631 COLORADO RECEIVED NOV i 6. 199 November 13, 1992 CASE NUMBER: Z-47, t 1n' ^,r)/�,n1ir rRy�A ..0 r4. ,./1ti to hSJ J�i�1 Vv..4,4111141• TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23 . 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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.x17 We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: UAn._Z.,1-1Agency: Colorado Oil & Gas Conservation Commission Date: November 18,1992 ��.1�/ r"1" NOV 1 9 1992 wpm fliw-4,7nianninp L0 1.53 STATE OF COLORADO DIVISION OF HIGHWAYS +ENT 4,k P.O. Box 850 / + 'siS Greeley, Colorado 80632-0850 ₹ (303)353-1232 1,�tl ,a gl'eof c Weld Co. , S.H. 392 November 16, 1992 - Habrock Zone Change South of S.H. 392 0.25 E. of C.R. 23 South Ms. Lanell Swanson, Planner Department of Planning Weld County 1400 North 17th Avenue Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application from Habrock for a Change of Zone, and we have the following comments regarding the proposal : Access to the development will require that an Access Permit be issued by this office. The permit is necessary due to the change of use of the property. The permitted access must be in reasonable compliance with the State Highway Access Code. Every effort should be made to align the proposed access with the county road north. The application for that access permit is available through this office. Our comments on state highway access are based on the information presented for this property only. If the property owner has any interests or ownership in adjacent property along the highway, this information should be provided since it may affect our comments. If any new utility lines or connections are proposed within the state highway right of way, Mr. Lloyd Johnson of this office should be contacted at 350-2164 regarding the need for a Utility Permit. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. " ooper, Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson J ��i��`r"�r \ r�`Mir r File t iNOV 1 8 1992 930159 TOWN OIFDSOR Manning Department t 301 W I mutt Street Windsor, CO 80550 (303) 6864476 MEMORANDUM TO: Lane11 J. Swanson, Planner FROM: Janet Carpenter, Planner SUBJECT: WELD COUNTY REFERRAL DATE: November 17, 1992 The Windsor Planning Department is in receipt of a Weld County Referral for: Eugene L. and Pamela A. Habrock CASE NUMBER: Z-475 The next available Planning Commission meeting at which this matter may be considered is: December 3, 1992 7:00 p.m. Board Room 301 Walnut Street, Windsor, Colorado The Windsor Planning Commission meets on the first Thursday of each month. If a referral is received after that date, the Planning Department will schedule consideration for the next regular meeting. jec cdtqal I NOV 1 8 199 Weld nov^h,Planing 9J01.59_ (17etbt: ‘H-- DEPARTMENT OF PLANNING SERVICES ID PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE W I O GREELEY, COLORADO 80631 NOTICE OF PUBLIC HEARING COLORADO The Weld County Planning Commission will conduct a public hearing on Tuesday, December 15, 1992, at 1:30 p.m. to review a request for approval of a Change of Zone from A (Agricultural) to E (Estate) from Eugene and Pamela Habrock. The parcel of land is described as part of the NW4 of Section 24, TEN, R67W of the 6th P.M. , Weld County, Colorado, containing 110 acres, more or less. The property is located south of Highway 392, east of Weld County Road 23. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 15, 1992. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado, - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) time by November 19, 1992 Received by: Date: o �15G 930±.59 n . At\_'-t) DEPARTMENT OF PLANNING SERVICES Will PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8 UE 631 COLORADO 80631 COLORADO November 13, 1992 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-475 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 15, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Eugene L. and Pamela A. Habrock FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, east of Weld County Road 23. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. 9059 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-475 for Eugene L. and Pamela A. Habrock in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 16 day of November, 1992. C 0 )(dr 9='0tSJ9 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS Eugene L. and Pamela A. Habrock Z-475 Free Enterprises, Inc. Poudre Canyon Road Bellvue, CO 80512 Lee A. Stark Poudre Canyon Road Bellvue, CO 80512 G.D. McGarvey Poudre Canyon Road Bellvue, CO 80512 Henry Stromberger, Jr. 11095 Highway 392 Windsor, CO 80550 Freida Stromberger 10595 Highway 392 Windsor, CO 80550 Robert and Olga Lorenz 4945 Gray Street Denver, CO 80550 Timothy and Lana Stutzman 2107 50th Avenue Greeley, CO 80634 Helen and Werner Detterer 11731 Weld County Road 66 Greeley, CO 80631 Lee W. Detterer 31815 Weld County Road 66 Greeley, CO 80631 Joseph and Judy Sandoval 11492 Highway 392 Windsor, CO 80550 Boyd and Allison Meyer P.O. Box 96 Johnstown, CO 80534 920159 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS Eugene L. and Pamela A. Habrock Z-475 Page 2 Charles and Clara Collopy 2118 Country Club Cove Fort Collins, CO 80524 Howard and Associates, Ltd. 518 17th Street, Suite 640 Denver, CO 80202 30159 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application Nu. --------------- Subject Property Habrock Subdivision, part of NIA section, Township 6, Range 67 SATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 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. Robert VanDop Th , foregoing instrument was subscribed and sworn to before me day cf 6�,� , 19 by obe...*._ 6 A--o-P 17IT!4f3G my hand and official seal. My Conviasion expires: My Cor ,i 7 rfres ' Cr ( C� `I tk Notary Pu$,lic 930159 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION N Poudre Canyon Road NORTH 1. Free Enterprises, Inc. Bellvue, CO 80512 0807-13-000-011 1 interest Poudre Canyon Road Lee A. Starl4,1/4 interest Bellvue, CO 80512 0807-13-000-011 Poudre Canyon Road G.D. McGarvey, ___ . . ._Bellvue, CO 80512 0807-13-000-011 1 interest 11095 Highway 3 2 2. Henry Stromberger Jr. Windsor, CO 80550 0807-13-000-010 10595 Aighway .592 3. Freida Stromberger Windsor, CO 80550 0807-14-000-009 4945 Gray Street EAST 4. Robert & Olga Lorenz Denver, CO 80212 0807-23-000-025 11.07 50th Avenue 5. Timothy & Lana Stutzman Greeley, CO 80634 0807-23-000-016 21U/ SUth Avenue - 6. Timothy & Lana Stutzman Greeley, CO 80634 0807-24-000-020 11731 Weld County Rd. 66 7. Helen & Werner Detterer Greeley, CO 80631 0807-24-000-043 31-815 Weld Co Rd. 66 8. Lee W. Detterer Greeley, CO 80631 0807-24-000-042 11492 Highway 3927 9. Joseph & Judy Sandoval Windsor, CO 80550 0807-24-000-041 P.O. Box 96 10. Boyd & Allison Meyer Johnstown, CO 80534 0807-24-000-040 930ZS9 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Habrock Subdivision, part of NW 14 Section, Township 6, Rance 67, Weld County, Colorado �^ STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. Robert VanDop The foregoing LL instrument t was subscribed and sworn to before' /me this ??�� a/ day of „`�k-11BU.1� n V • 19 -13— , By Q O. 1n p WTTNESE my hand and official seal. My Commisaion expires: My CeIr.;rtss1on ExpiresSepte.m tar C, 1S94 No ry Public 930159 REZONING APPLICATION SUB SURFACE ESTATE OWNER(S) AND/OR LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE. Gene L. and Pamela A. Habrock (1/2 Interest) 8374 Weld County Road 64 Windsor, CO 80550 Charles Troutman Collopy and Clara Frances Collopy (1/2 Interest) 2118 Country Club Cove Fort Collins, CO 80524 Howard and Associates Ltd. (Lessee) 518 - 17th Street Suite 640 Denver, CO 80202 9' 0159 • tt tittt 4104‘,P DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WI 1 g C WELD COUNTY ADMINISTRATIVE OFFICESN. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO November 13, 1992 Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, CO 80550 Subject: Z-475 - Request for a Change of Zone from A (Agricultural) to E (Estate) on a parcel of land described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Habrock: 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 December 15 , 1992, at 1: 30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Windsor and Severance Planning Commissions for their review and comments. Please call Janet Carpenter at 686-7476 (Windsor) and Roberta Haas at 353- 3845 ext. 3689 (Severance) for further details regarding the dates , times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Windsor and Severance Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to December 2, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than December 5, 1992. 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. "101 59 Eugene L. and Pamela A. .abrock Z-475 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, anell J.6Wianson Current Planner pc: Robert VanDop Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 930 1,59 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 # 2/7c THE SIGN WAS POSTED BY: Fe-tiesic.. ?4Atoc k NAME OF PERSON POSTING SIGN SIGN E OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED�� ID SWORN TO ME THI v— DAY OF IQ 9i i1J ` , 19 Clip?%woSAI E �t`00",k , , . CM z p� �• • �.PUCL,C.ro 'r' '•., ,.-',� NO Y PUBL C tte'° MyCnnissia1 eves Sawa 21,1995 MY COMM26ZION EXPIRES LAST DAY TO POST SIGN IS: flr c S , 19 9 Z. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. ,30"-59 mEmORAnDum WIIDenelle Swanson To Pl Plavving ( eta December 7, 1997 COLORADO From Drew srholtin•A 0. TtJ Subject. Hahrork Change of Zone Z-475 Weld County Road 23 is classified as an arterial. Completing the length between State Highway 392 and Weld County Road 66 will improve access as this area develops in the future. Therefore, a 50' right-of-way should be dedicated inside the proposed subdivision. Also, the access from Hwy 392 to the subdivision should have rights-of-way 50' either side of the section line. Weld County will not maintain internal subdivision roads. Also, Weld County will not maintain Weld County Road 23 south of Hwy 392 while it provides service only to the purposed subdivision. An access permit from the Colorado Department of Transportation will be required for State Highway 392. All design and plan reviews will be by the Colorado Department of Transportation. Weld County does not have a separate standard for bridges. The bridge over the Greeley #2 Canal must meet specifications of the American Association of State Highway and Transportation officials. Without specific information, I cannot judge whether the existing structure can be upgraded or not. Detailed information should be supplied, including inspections and ratings at the sketch plan stage. cc: Commissioner Webster File Habrock Change of Zone Z-475 DS/pds:mswanl fl..,. a 9 ( tat \c, ��\ DEPARTMENT OF PLANNING SERVICES I 0 19202j PHONE (303) 353-3845, EXT.3540 11 O �' WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENU ®`a ++ O�� v 1gti GREELEY, COLORADO 8063E1 COLORADO s November 13, 1992 Coo Cot MBER: Z-475 bett' TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 2O, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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. f 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. TL Signectl-/—L2T ! /1 /Nti t 7t� vv Agency: /'Di yt' y/Lu�C 5 G. ) dir Date: Iz/1S/9 2 1 f 'F 4] `. i a':...� -aJe� DEPARTMENT OF PLANNING SERVICES IBC. PHONE (303)353.3345, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORA AVENUE COLORADO 80631 COLORADO November 13, 1992 CASE NUMBER: Z-475 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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 AserIdoes not) comply with our Comprehensive Plar}, for the following reasons. T41p 4-2/0.t (jry7Pf'k.9 Lc�ul c,�,-�1k2i1 a tie; 411(t1 (1U7t11Cton ac AU(/ JL A (x , AIL Lcj2� , o_tietTtanz(TriCcjile .3q2 2. We do not have a Comprehensive air-at but we feel is request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:(4W0,O j,O� Mk, Agency: '/7 7' (,'�(�G�.ir�P JJJJJJ lO1 Date: l a/ 9 ca, 930 1.59 DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WI I DWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO November 13, 1992 CASE NUMBER: Z-475 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock, c/o Tuttle Applegate, Inc. for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, 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 south of Highway 392, east of Weld County Road 23. 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 November 20, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: lar+.e-{ 7-- (CZ _-Z2.z Agency: "�b'-zv:.% r/ ,..17�t�- �bz� Date: 49AW9a- DEL_ 'MAW A„,'--Winnif0 anima Sae la TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development November 9, 1992 Ms. Lanell Swanson Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Change of Zone; Habrock Subdivision; P/O Section 24, Township 6, Range 67 Dear Lanell: This letter, along with the enclosed material, constitutes our application to rezone an agricultural zoned property of 109 acres to the recently adopted Estate Zone. The following data and information is presented for the planning staff's review: 1. Application and fees associated with this proposal. 2. Affidavits for the certified lists of surface estate owners 500 feet adjacent to the property and the subsurface estate owners and lessee. 3. A "proposed rezoning narrative" addressing required statements relative to the rezoning application. 4. Warranty Deed of the owners of the property. 5. Utility letters from the appropriate utility companies expressing availability of services to this property. 6. Attached to the affidavit for surface estate is a certified list of the names, addresses, and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property within 500 feet of the property subject to the application. 7. Attached to the affidavit for subsurface estate is a certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. 8. Exhibit D (part of narrative) explains the soil capability classification and general description of the site's soils (source: the Weld County Soil Survey). Also included are suitability tables for the various uses with the proposal. 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 X1301S9- Ms. Lanell Swanson Weld County October 30, 1992 Page 2 9. The following three statements: a. No commercial extractable mineral deposits are located on this property, but an oil/gas lease does exist. b. The property is not included within a flood hazard area. c. The property is not included within a geologic hazard area. 10. A sign will be posted announcing the property is being considered for rezoning. The applicant will certify the sign has been posted for ten (10) days prior to any scheduled hearing date. Also included with this application is a land use and vicinity map at 1" = 200'. The map shows pertinent features on both the property and the surrounding areas. The Re-zoning Plat, prepared per Weld County requirements is included. We look forward to your comments and review. We request a Planning Commission hearing at the earliest available time. Thank you for your time and consideration. Cordially, TUTTLE PPLEGATE, INC. Robert VanDop RVD/cr Encs. cc: File #92-168PF Gene and Pamela Habrock 9301.59 i , I AR228018S am. Documentary Fee 1 . L----__D°11744tra e J + WARRANTY DEED Grantors, Charles Troutman Cor.laoy and Clara Prances Colllll, " whose address 2118 Country Club Cove. Fort Collins of Lariser , State of Colorado, 80524 for the e consideration of Ten Dollars end other good and valuable consideration, in hand paid, hereby sell and convey to Humane L. labrock and Pamela A. lebrook. as loint tenants whose address is 8374 Weld County Rd 64. Windsor County of Weld , State of Colorado 80550 , the following real property in the County of Weld of Colorado, to-wit: State • That part of the West Half {Wh} of the Northwest Quarter •• {NW%} and the West 825 feet of the East Half (Eh} of the " Northwest Quarter (NW;} of Section Twenty-four {24}, Township Six (6} North, Range Sixty-Seven (67} West of the 6th P.M., County of Weld, State of Colorado, Lying South of the Irrigating Canal No. 2, sometimes called the • poG.1"t' No. 2 Canal or the No. 2 Ditch. v 12 IC And together with access easement as dedicated across the West 30 feet of Lot A of Recorded Exemption No. 0807-24- , 2-RE1381, recorded January 17, 1992 in Book 1323 at Reception No. 02275478, two irrigation wells, Well #1 013618-F and Well #2 013619-F, and 100 units of Northern Colorado Water Conservancy District allotment But excepting and reserving unto Grantors, an undivided one-half interest in all oil, gas, and other minerals in, under and to be produced from said property. Grantors specifically reserve all executory rights as to the leasing, exploration, exploitation, and production of all minerals, including existing leases and sand and gravel, in, under and to be produced from said property. This executory right will terminate when Grantors have no further ownership or lien rights as to the entire parcel of land presently owned by them in the NWh of 24-6- 67, Weld County, Colorado with all its appurtenances, and warrant title to the same, subject to all unpaid real property taxes, easements, roads, and rights-of- way in place or of record, patent and mineral reservations. Signed this 4th day of March , 1992 Charles n Collopy and Clara es Collo By: Ge . Fischer, Their Agent and STATE OF COLORADO ) A torney-In-Fact ss. • COUNTY OF LARIMER The foregoing document was acknowledged before se this 4th • day of March , 1992 , by Gene H. Fischer, Agent and attorney-In-root for Charles Troutman Colloot and Clara P antittal B ,-.• tWitn�fss my hand and official seal.r.• ttG—14 commissionexpires: Decem/bgf}� 30. 1995 • ► e/ l� ,.i.LisC No � Return to Fischer, Howard A Francis, Bo 506, Fort Collins CO 80522 C B 132$ (MC 02280185 03/05/92 15:53 $5.00 1/001 F 0213 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO 9059__ _ REZONING APPLICATION ....se # Weld County, Colorado Dept. of Planning Services App. Ch'd By:�-- Date Rec'd: 915 10th Street App. Fee: J�� — Receipt 4: `h`6,3 Greeley, Colorado 80631 Record. Fee Receipt 4: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: SEE EXHIBIT A - WARRANTY DEED (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE AgriculturalA PROPOSED ZONE Estate (E) TOTAL ACREAGE 110± OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Eugene L. & Pamela A. Habrock Home Telephone 4: bq(,_25)9 Address: 8374 Weld County Road 64 Bus. Telephone 4: 3611 Windsor, CO 80550 Name: Home Telephone j/: Address: Bus. Telephone //: Name: Home Telephone 4: Address: Bus. Telephone 4: Applicant or Authorized Agent (if different than above) : Name: (Same as above) Home Telephone 4: Address: Bus. Telephone 4: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: (See oil & gas lease Exhibit B) Name: Eugene L. & Pamela A. Habrock(' interest) Address: 8174 Weld County Road 64, Windsor CO R0SSo Name: Charles Troutman Collopy & Clara Frances Collopy(e interest) Address: 9118 Country Clnh Cnva, Fort Collin c, (Y1 Rn596 Name: Howard and Associates Ltd. (Lessee) il�? �� i�9/r Address: SiR Seventnanth Stroat snipe 64n, nanvar rn Aron NOV 0 1 1992 I I hereby depose and state under the penalties of perjury thll i�j all statgme�� proposals and/or plans submitted with or contained within this t0tan�m9 true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) ��`y"`y • L3RS. sekt Sig gnatur eer r Authorized Agent se „yq p S it il�y� } n to before me this yn Y day of / , 2/�%G7� 19 92 . S Li U ' 1.te / �„V°UBO Ba I 7'iC /r�7c `? LG/. L/tip/ °v��°., N�..�pc NOTARY PUBLIC Op °Z,0 My C ai xpires: 1"- Z7 c94. 970459 EXH' IT *A tZ2cieoeA shim— WARRANTY DEED Grantors, Charles Troutman Collopy and Clara Frances Collopy, whose address 2118 Country Club Cove, Fort Collins , County of Lorimer , State of Colorado, 80524 , for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to Eugene L. Habrock and Pamela A. Habrock, as joint tenants whose address is 8374 Weld County Rd 64 . Windsor County of Weld , State of Colorado 80550 , the following real property in the County of Weld , State of Colorado, to-wit: That part of the West Half {W' ) of the Northwest Quarter {NW;} and the West 825 feet of the East Half {E;} of the Northwest Quarter (NW;) of Section Twenty-four {24 } , '7 24-, Township Six {6) North, Range Sixty-Seven {67) West of the 6th P.M. , County of Weld, State of Colorado, Lying South of the Irrigating Canal No. 2 , sometimes called the No. 2 Canal or the No. 2 Ditch. And together with access easement as dedicated across the West 30 feet of Lot A of Recorded Exemption No. 0807-24- 2-RE1381, recorded January 17 , 1992 in Book 1323 at Reception No. 02275478 , two irrigation wells, Well #1 013618-F and Well #2 013619-F, and 100 units of Northern Colorado Water Conservancy District allotment But excepting and reserving unto Grantors, an undivided one-half interest in all oil, gas, and other minerals in, under and to be produced from said property. Grantors specifically reserve all executory rights as to the leasing, exploration, exploitation, and production of all minerals , including existing leases and sand and gravel, in, under and to be produced from said property. This executory right will terminate when Grantors have no further ownership or lien rights as to the entire parcel of land presently owned by them in the NW; of 24-6- 67 , Weld County, Colorado with all its appurtenances, and warrant title to the same, subject to all unpaid real property taxes, easements, roads, and rights-of- way in place or of record, patent and mineral reservations . Signed this 4th day of March , 1992 . Charles T man Collopy and Clara F ces Collo By: Gen . Fischer, Their Agent and A torney-In-Fact - STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing document was acknowledged before me this 4th day of March , 1992 , by Gene E. Fischer, Agent and Attorney-In-Fact for Charles Troutman Collopy and Clara Frances Collopy. Witness my hand and official seal. My commission expires: December 30, 1995 (s e a 1) No Pu c Return to Fischer, Howard & Francis, Bo 506 , Fort Collins CO 80522 a 0' 59 PROPOSED REZONING NARRATIVE -for- HABROCK SUBDIVISION Intersection Weld County Road 23 and Colorado Route 392 PREPARED FOR: GENE AND PAMELA HABROCK 8374 Weld County Road 64 Windsor, CO 80550 PREPARED BY: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 (303) 452-6611 9301,59 Project #92-168 November, 1992 TABLE OF CONTENTS Page(s ) 1 & 2 Introduction and Justification Page(s) 2,3&4 Compatability With Comprehensive Plan Page(s ) 4 & 5 Proposed Development Page(s ) 5 & 6 Public Improvements, Soils ALINDENVAMS Exhibit A Town of Windsor Planning Influence Map Exhibit B Urban Boundaries Map Exhibit C Utility Letters and Water Service Exhibit D Soils Map, Soils Data and Information Project #92-168 November, 1992 -A- .J:sro I.4ia7 INTRODUCTION The 110 acre subject parcel is located in part of the northwest quadrant of Section 24. Township 6, Range 67. An existing 30 foot access easement allows the property access to Colorado Route 392 approximately two miles east of Windsor, opposite the intersection with Weld County Road 23. The property is presently zoned Agricultural. We request a change of zoning to a Residential use; Estate Zone (E). Habrock Subdivision will be a larger lot, rural residential subdivision with special amenities for horse owners. Single family residential will be the only land use along with an agriculture conservation easement on the larger lots. All homes in the subdivision will be either custom built or manufactured homes. The home itself and any other accessory buildings, fencing, and landscaping will be strictly regulated by covenants and architectural controls. The lots will be oriented toward the west and have a view of the mountains. 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 require property to be rezoned. JUSTIFICATION 1. We contend in the vicinity of the site conditions have changed in the last ten years. The primary changes are the recent annexations of both Greeley and Windsor moving toward this site. This property is now slightly less than a mile from the limits of Windsor and only 2.5 miles from the city limits of Greeley (See City of Windsor Influence Map, Exhibit A). 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 to the north, within one half mile of the site, at Antelope Hill and Kennedy subdivisions has added to the change in the neighborhood. Industrial expansion for the Anheuser Busch aluminum can manufacturing plant is less than one-half mile from the subject property. Recent residential growth two miles west of the Town of Windsor in Larimer County has changed the land characteristics within the area (i.e. Highland Hills and Ptarmigan Subdivision). 3. During the initial subdivision of this property, two recorded exemptions of 7.5 acres each, were approved by Weld County in March of 1992 along the frontage of Colorado Route 392 (See Change of Zone Plat). According to public records, approximately 10 to 20 recorded exemptions have been approved allowing the residential use in the agriculture zone, within three miles of the subject property. -1- 4. The fourth reason for the request for rezoning is the demand for single family lots in the greater Greeley, Fort Collins, and Windsor areas which allow large estate lots where large domestic animals are allowed. Also residential lots are needed which can accommodate out buildings, corrals, open space for riding, and other activities. This year there continues to be increased housing development in the Windsor area. 5. The developer anticipates providing an agriculture conservation easement over 60% to 70% of the property for agricultural use. They plan to provide an agriculture lease-back arrangement for approximate one-half the lots that can be placed on the 110 acre tract. This lease-back arrangement will allow farming to be a continuing productive use on this property for 10 to 15 years. The Developer and the prospective lot owners in this proposed subdivision will sign the necessary property agreements and restrictions which will allow crops to be grown on unused portions of the lots not designated for a residence or out buildings. By use of this conservation easement, a large portion of the property would not be developed and the present irrigated farming use could continue as before. COMPATIBILITY WITH THE COMPREHENSIVE PLAN Agricultural Policies An overview of the agricultural policies states 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. The proposed rezoning of this property to Estate should 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 Comprehensive Plan and is not totally removing prime agriculture land from production. The cost incurred for public improvements such as extension of water lines, utilities, and roadway 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 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 direct and indirect public impacts on the County's tax base will be negligible. All improvements for this subdivision including school impact fees and fire protection will be returned by the added tax base of residential properties versus the existing agricultural use on the property. -2- 9:�O".59 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, however, an oil/gas company will be establishing a future presence on the property and the present owners are anticipating a production well to be started within the next six months. Urban Growth Policies Upon review of the Urban Growth policies, this proposed rezoning meets the listed criteria in the Weld County Comprehensive Plan (1987). As mentioned earlier, the property lies within the Weld County Urban Growth Boundary. This proposed development is approximately one-half mile from a recent extended annexation by the Town of Windsor. However, annexation by the Town of Windsor for this property is remote. The Town of Windsor Annexation Policy requires unincorporated areas to extend public sewer and water from the Town's infrastructure to the property. This infrastructure is over two miles away 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 already accessible from the North Weld Water District. The Estate (E) rezoning for this property, however, is compatible with the Town of Windsor's Estate Residential "E" District which allows large lot development 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. 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 Colorado Route 392, fire and police protection, road maintenance, school and community services will be readily available to this property and its future residents. -3- 9:;01.59 The Estate Zone for this property is the most compatible with the existing surrounding land use for the following reasons: 1. The developer and lot owner will sign an agriculture lease-back agreement, and record agriculture conservation easements. 2. The developer shall incur the expense for public infrastructure improvements, i.e. access , interior roads, domestic water supply, open space, amenities, and public utilities (gas, electricity, telephone). 3. 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 architectural controls. 4. This development will provide opportunities for custom built as well as manufactured housing opportunities for prospective buyers. 5. This development will allow a transitional development to accommodate the on-site agriculture use and oil interest and present adjacent property uses. PROPOSED DEVELOPMENT As stated before, the proposed Habrock 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, generous open space, and preserve a portion of the agriculture use for the property. Presently the site is an irrigated parcel with the crops being corn and pinto bean. Approximately ten acres are in pastureland in the southwest corner of the property. The project will combine the land uses of residential lots, recreational open space, and an agriculture use. The developer wishes to create and maintain high property value by creating a residential subdivision with a distinctive horse oriented identity and substantial improvements in the common open space. The property is adequately served by public services and facilities. Gas, telephone, and electric lines are located in the roadway of Colorado Route 392 and are available to this project. In addition, North Weld Water District (NWWD) has water lines in this road right-of-way. The proposed uses in the Habrock Subdivision are compatible with surrounding land uses and a portion of the property will be continuously in use as agriculture (crop growing) through the life of the project. On adjacent sides, the predominate land use is agricultural. Generally it is row crop or forage crops. There are two residential units on the north and western side of the project. These existing homes lie upon 7 to 8 acre parcels. We feel the residential use of Habrock Subdivision will improve the value of these residential farmstead properties. 4- 9201.59 Habrock Subdivision will qualify as an Estate Development because it presents a unified plan for the development of residential dwelling units, adjoining agriculture, and open space land. PUBLIC IMPROVEMENTS Access and Roads Colorado State Route 392 is designated by the County as an arterial roadway (150 foot right-of-way). This project proposes one residential street connection with this state road. The access point is located so it will align directly opposite Weld County Road 23. The desired amount of stopping sight distance from the east and west will be obtained. Existing traffic flow on State Route 392 will not be interrupted by this residential local street. With this street addition, a safer intersection will be obtained with Weld County Road 23. To the east of the property, Colorado State Route 392 goes over a gentle rise which does not limit sight distance. Considering a 55 mph speed limit and the downhill grade of the County road the desirable stopping sight distance is 750 feet. The access point into this property is over 2,000 feet from the crest of this rise and, therefore, presents no unsafe conditions. The sight distance to the west toward Windsor is open and presents no sight distance problems. Our circulation plan will propose a roadway with pavement for the first 300-400 feet. In addition, a secondary access via the adjoining property to the west is available for emergency purposes only. In this way only one specific access point will be required onto Colorado Route 392. The street which will serve this proposed residential use will have a pavement width of 24 feet and gravel shoulders of three to four feet wide for the initial 350-400 feet. This street will cross the Greeley #2 Canal with an approved bridge structure which meets Weld County Standards for public roadways. The existing structure will be upgraded to meet these standards. The owners are in the process of acquiring an additional 30 feet from the adjacent property owner to allow for a 60 foot right-of-way entry road. Stormwater The stormwater detention facilities necessary for this property will be located in the lowest elevation at the southwest corner of the property in one or two locations allowing for wildlife habitat, which when designed will meet the Weld County subdivision requirements. -5- "+301.59 Water and Sewer Water lines of NWWD exist in the right-of-way of Colorado Route 392, adjacent to the property and are available for use. System improvements on-site will be required to provide the necessary pressure and capacity in the lines. Sewer will be provided by individual septic systems as allowed by the Estate Zone. The source of domestic water use will be from NWWD. The District presently has a six inch water main north of the subject property, in the Weld County Road 23 Row, approximately one-half mile away. An existing two inch water line along Colorado Route 392 will serve the domestic water use needs of the site. The enclosed referral letter from NWWD informs the owner of their capability to serve the development. As requested by NWWD, we will provide all appropriate easements for their water lines. These easements will be shown on a future subdivision plat. Fire hydrants will possibly be included in the development and the location will be decided on in consultation with the Windsor/Severance Fire Protection District. Minimum flows to the possible fire hydrants will be studied and reviewed by the developer and his consultants. Each lot will be served by its own individual septic system. The lots are all at least 2-1/2 acres in size and allow adequate room for the installation of septic absorption fields acceptable to the Weld County Department of Health (See Exhibit D, 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 at the subdivision plan stage 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 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 classifies this soil group as Class III overall with Class IV for the individual soils of Kim-Otero. The Soil Survey of Weld County (southern part) prepared by the USDA and Soil Conservation Service explains the soil characteristics in more detail. Exhibit D 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 -6- 9301,59 The soils for this site (4) Aquolls/Aquepts; (32) Kim loam 1% to 3% slope and (52) Otero sandy loam 3% to 5% slope are suitable for specific future uses intended under the requested rezoning to Estate Zone. The Aquolls/Aquepts soils will not be disturbed. These areas will remain as pasture or open space and will not be used for construction materials, sanitary facilities, or building sites. The Kim soil area will be used for home sites and absorption fields and 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. The Kim soil has no deficiency for a septic absorption field. With slight limitations, the Otero soils capabilities are very good for building sites, septic absorption, and material for road construction. These soils are further reviewed and shown on Exhibit D. -7- 9.30159 • ill ;I pi i t.. • . - it xIJ _ I • . „it 1 iq. . r / . . ._ , . . x - # r i. i r + 1 I. iii . it M t I tt eilri, i. 4 lit . . . : - : . efr i _ . __,...... i Li ill I --- 7itiA- 4 1111: . i flit a 0 I, b i 1 1 .4 9 illiCeetis is I h I, Iti t."4".111/2".• 444ta il I. Illitill a. 1 i 1 i N it . It I..) i X r '41 f X di 1 I S. _. . I) , co At t -r.+.+,-..-mow+...+«.__- _.._�.�..�- _ »..��.� .. _�-.+-�...- ..�-+fir► -is _ .�e�.�_-..i..-•.�:.�+r,>r«. - W0 , - • .s3aaR$ r ,-, 4 - ., A co IgoI. c.3 0 = aaj Or �- O O a 1 S+ o tea :. . tai i. . 4 fe- .ill Kt t6 t c.,, , i 1 . ... • I if / \mik N II `` 1 1. Vii h. V � ;/ ,k �a / t 1 li � . 1\ Vi . N. a . I 14 - / 1 Ink . • - A _... • , __ , .,, , , / tu, ___-- / \ cl , % No . _.. --- I . h -/ fi -rellrA'' ! I\ ‘'. . *\,b ‘„,")...)....... _ K 7\ \- -4I 4' • . 7.,/,:s\sci % S s , + �+ •1 r . 1 Nif t• 'fr\ f%' - ./ ail Ali E z .arvvzt _� , i i 1 - C.I.Z. .yam We R�. V7 �' • ♦.\c`. \!"�,tiN.. .. •'ss•• ♦ .�.7•. V. -- L [. X77 ri i ,j, le....% I i\ t .1 I 1 LI off. < �1 _7 yc SZl \ EXHIBIT D SOURCE: Weld County Soil Survey, Southern Part Soils Map Table 6 - Building Site Development Table 7 - Sanitary Facilities Table 8 - Construction Materials Soil Descriptions 9:,7;01.59 Tom,- ---'A;'°"� �. _ . , e . r t t. , C� 'I` , _ . 1 ��A s,to ;�'�rt. li rba G4 iAre � �� . 'Jr �'�� o � N IJAI "' - .— lim m ' ""' ,t .if 1.P 1 ttn((f v A, ‘,qvvAt t ,,-.., ( ., z.4064 Nal .,, ,1„ ,‘ ____ '.24,__,(i__A..-- - i'(i.:,..'IN , . -- T,, n,, 1 n 7/ \I ,C,,\‘‘L.-:Ai 'k It iiiii ;.---( ,.ill ki,ci. � ,o,� fi)k;' ; .. .46.:', i s f..\\ � - 44 ra� y ' fir): i �,- I'N "; I ; �� 71 � Its t '1 b ". --- \, , r„,,.._ It" ... .v..ice`, "�� _aM \ ' rid •t-0 0 " ` „ +�� l^ 1 • . : 01 liik. S .. IkNII ,,,,,„„„7, !,-,,, 0.,..im -ea „ ', ,L.:, ,,:-.4:i ".; i ,,,(,',,,," _....;`? i, ,, c.) ,,,„‘„,00k( r„' ,„p 444 44 al Pe i'lli '‘ '>\•• \s‘, .,Vi .-..-4/-)-'`-, IINfi‘V'l, _), IF°::%,\NIF'11)-”•'-:/_l ')----1 --•' 'ig �� i �� k 1 . ,‘ ‘I, ( , \ h l ,,,,_„_ _. . \,, _ , ...2.t.„, _Ls).101 '`4 � t, v o ?., ~' r_1��.` off. 01 r�,s - i ___,-__ --iviliww,„„„0,.. .., _ 4 irk—.---.71..„.„1/4 ati ••••-__7! r_ `mot - FJ ._ r.. i! - te Iti r. ___-_/- t,,,,,44,. IV: '''''' •\��` �///1, �l 40-rm-�. -_ -,-_®` 11:4 - liaohlii ow -- , , ,.,,.,..;# Nos iim ,- .-,;.,.-s-,„,it,.:1-, I IllarkiNdlwall2161 ; ____ ,, m...,n1 ', , \ \ 4-44V& t''''-.;;k .6,Ill,.._..., ,,,,,,..„ ii.,.... .„. , A 1 _va, 1 or Es IVIIIIOP „Ala. ,� , 9'•� •f Wind-olr `� :��tibi � Opp,��''w.��?� *IIIIflee / 1 �- �._ - `�,�,�n '161�v P n � ,yid, J/In.' s�:,,n„ I� /N. , )), S 1/ ',,,,L5,-,_/` 6 ,J r" /• � i ✓„....=___, , ..!4‹..., .. $"`1 .' �,A, Sri ....- ' s 1 . 4 '••_„,. ., _ ,, ,,,,b„:-.1 ‘J,--:,.4. .4,A,N, k - 4ZI ! _ f�ld-Wrti�n i�raw#� , . . �f ;- a'�'$ycer _ 44� �j u l ----='rte- �� _ A''� I ii�s� trillr �, �f�(e\ 1 --��\_4_ ' ° • �l3 n•`fie `. ;�: : �'�+ �{ rt h vore, ��, - �' `� � ; i ' LEGEND TITLE Planning. k., NMI Plamino Influence&Referral; q TOWN OF WINDSOR Area Boundary Influence / \P O PLANNING AREA Area, SCALE: 4, IMM0SIk Adjacent Jurisdiction Growth Area Boundaries _ WELD COUNTY /lirI i I I I URBAN GROWTH BOUNDARY 1 I i B MAP I _ NUNN I me'LOOMING Y1WICLS IS I =I m s Pm rorti N i • •-W0WT IWC&IO n '85. CM fTERCE / rte.rM.i ..�r r r��r�� I\111%)) AULT I 1a I a. O r } EATON ISIUIll 8l I 1 I SEVERANCE cc—WINDSOR l rdi 341a ;:.: a HAW- HA --1t `` J L x ja,n 24/ ` I I ' I - i flimsy 6, eNti.e.Co7 S „ E t �'$ I - '�' KERSEY I I 1 EVANS I MILLIKEN —� LA SALL _� JOHNSTCWWN I` ..._56 , 125 I I GILCREST MEAD I -PLATTEVILLE I 66 r z 1 _ _ - E-119- 1 \ I-IRESTONE1 I I KEENESBURG L MEDERICK FT. LU-52 T OI riNT6 1 HUDSO DACONO -ERIE LOCHBUIE - BRIGHTON I I • ...53 C BOARD OF DIRECTORS ERNEST TIGGES S-• • s.. NORTH WELD COUNTY WATER DISTRICT GARY SIMPSONHIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS �'`��!+ „• W.M. MCKAYJ LYLE NELSON, MGR. CHARLES ACHZIGER �AU y P.O. BOX 56 • PHONE 356-3020 I�ED October 27 , 1992 arkiE sea RE: Water Service OVA Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: Part of the NWk of Section 24-6-67 • 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments : Sincerely , NORTH WELD COUNT ATER DISTRICT Lyl D. Nelson, Manager NDL/ds Tuttle/Applegate 9201.59 C l • COMMUNICATIONS Greeley, CO. RECEIVE° October 23 , 1992 oCS 281992 Tuttle Applegate Inc. Attention: Bob VanDop 11990 Grant St. Suite 410 Denver, CO. 80233 Dear Mr. VanDop: U S WEST Communications will provide service to the Habrock Subdivision in the Windsor telephone exchange, in accordance with our rates and tariffs on file with the Colorado Public Utilities Commission. Please send an approved plat with utility easements and plans for future phasing in the agriculture lease back areas. If you have any questions, please call me on (303) 350-2917 . Sincerely, n Joanne Braden - Engineering Specialist NETWORK & TECHNOLOGY SERVICES jkb/ldb 9:101.59 c 0 Public Service® Public.n Colorado P.O. Box 740 Loveland, CO 80539 RECEIVED OCTOBER 27, 1992 0CT 2 8 1992 TUTTLE APPLEGATE, INC. 11990 GRANT ST. #410 DENVER, CO. 80233 ATTN. BOB VAN DOP DEAR MR. VAN DOP, PUBLIC SERVICE COMPANY CAN SUPPLY ELECTRIC AND NATURAL GAS SERVICE TO THE PROPOSED DEVELOPMENT LOCATED IN 24-6N-67W, EAST OF WINDSOR, CO. ALL SERVICE WOULD BE EXTENDED ACCORDING TO THE RULES AND REGULATIONS ON FILE WITH THE COLORADO P.U.C. AT THE TIME OF REQUEST. TO ACCURATELY ESTIMATE THIS PROJECT WE WOULD NEED A RECORDED PLAT OF THE PROJECT TO BEGIN ESTIMATION OF COSTS. IF I MAY BE OF ANY SERVICE TO YOU ON THIS, PLEASE CALL ME AT 225-7890. SINCERELY, -104)1(9 DICK OGL PUBLIC SERVICE COMPANY 920.135) U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION , - -1 VICE D I-'19P R 67 V, I R.66W. OW orR .11, 657 5 1.. "` 52 l ' 33 32 .. 47 33 65 - N., _ 8_33 j ••-i 32 10 ({ 42 �1 \. ( 1 V1Eu b4 } } D2 wl L4. • 47 32 32 64 sa, Fir 36 1-14L 61 32 33 33 ,. 0 6 r Ir 52 33 13 r 32 *. 'a,':.- 1 18 15 a14 •41 1• 32 + 32 4 : 19 24 Y , 7 ` < ;33 32 47 42 1.9 F xis _ 38. �. -52 71- 11911777'• 1 _ '_ to � 24 I GREELEY 33 8 ✓ • 'iRa",n :3/4.-N �A oq� N417t211/4 22 23 LA.. 4 4 33 1C 3 SITE LOCATION " .42 8...j 40 -411 I . etmfr 1 w 32 ill i_j : .41.11111 26 u� / 32 HABROCK SUBDIVISION { • Er + 1 C a WELD C0UNTY,C0L0RADO • I<� 41 c 0301,.S9 ��. E -_-_=. TUTTLE APPLEGATE, INC. 1 1B � Consultant. for Land and Resource Development /,'") 0031 452-6611 100 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated] __ Soil name and Shallow I Dwellings Dwellings Small Local roads map symbol excavations I without with commercial ' and streets I basements basements , buildings _ I , 1, 2 ,Severe: ;Moderate: Moderate: 'Moderate: Moderate: Altvan I cutbanks cave. I shrink-swell. shrink-swell. shrink-swell. shrink-swell, I frost action. ; 3o: Aquolls ;Severe: Severe: Severe: Severe: Severe: floods, , floods, floods, floods, floods, wetness. wetness. wetness. wetness. wetness, frost action. Aquents Severe: Severe: Severe: Severe: Severe: floods, floods, floods, floods, floods, wetness. , wetness. wetness. wetness. wetness, frost action. , 4a: ; Aquolls ;Severe: Severe: Severe: Severe: Severe: ; floods, floods, floods, floods, floods, I wetness. , wetness. wetness. wetness. wetness, frost action. ( Aquepts ;Severe: Severe: Severe: Severe: Severe: I floods, ; floods, floods, floods, floods, I wetness. I wetness. wetness. wetness. wetness, 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. 48 Slight Slight Slight Moderate: Moderate: Olney slope. low strength. 49 Severe: Slight Slight Slight Slight. Osgood cutbanks cave. 50, 51 Slight Slight Slight Slight Slight. Otero 52, 53 Slight Slight Slight Moderate: Slight. Otero slope. , , too clayey. shrink-swell, I shrink-swell, ;-slope, 'kdr'Tr0Y-5weii, low strength. ; low strength. ; shrink-swell, low strength. ; ; low strength. Shingle ;Severe: Severe: Severe: ;Severe: Severe: I depth to rock. depth to rock. ; depth to rock. I depth to rock, depth to rock. I slope. I ; ; 37 ;Severe: Moderate: (Severe: ;Moderate: Moderate: Nelson I depth to rock. depth to rock, ; depth to rock. ; depth to rock, depth to rock, I low strength. I 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, I ; 43 (Moderate: Severe: (Severe: Severe: Severe: Nunn I too clayey. shrink-swell, I shrink-swell, shrink-swell, shrink-swell, I low strength. I low strength. , low strength. low strength. ( I ; See footnote at end of table. n n .� " a Jcv 104 SOIL SURVEY TABLE 7.--SANITARY FACILITIES [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms used to rate soils. Absence of an entry means soil was not rated] ; ; Soil name and Septic tank I Sewage lagoon I Trench Area Daily cover map symbol ; absorption I areas sanitary sanitary for landfill fields ; landfill landfill , — I ; ; 1, 2 Slight ;Severe: :Severe: :Slight Fair: Altvan ; seepage. ; seepage. thin layer. 3a: ; Aquolls Severe: ;Severe: :Severe: :Severe: Poor: floods, ; floods, ; floods, I wetness, wetness. wetness. wetness. ; wetness. ; Aquents Severe: Severe: :Severe: Severe: Poor: floods, floods, ; floods, wetness. wetness. wetness. wetness. ; wetness. ' 4a: Aquolls Severe: Severe: ;Severe: Severe: Poor: floods, , floods, I floods, wetness. wetness. wetness. ; wetness. ; wetness. Aquepts Severe: ;Severe: ',Severe: Severe: Poor: floods, ; floods, ; floods, wetness. , wetness. wetness. ; wetness. ; wetness. 31 Slight ;Moderate: ;Slight Slight ;Good. Kim ; seepage. ; ; ; 32, 33 Slight ;Moderate: ;Slight Slight Good. Kim I seepage, ; slope. . 34 Slight ;Severe: ;Slight ;Slight Good. Kim ; slope. ; ; , 43 Severe: Moderate: ;Slight Slight IFair: Nunn percs slowly, excess humus. ; ; too clayey. ; 44, 45, 46, 47, 48-- Slight Severe: Slight ,Slight ;Good. Olney seepage. ; ; ' 49 Slight Severe: Severe: Severe: Fair: Osgood seepage. seepage. seepage. too sandy. 50, 51, 52 Slight Severe: Slight Slight Good. Otero seepage. 53 Slight Severe: ,Slight ,Slight Good. Otero , slope, ; , ; seepage. ; u depth to rock. I slope, depth to rock. slope. I thin layer. ; depth to rock. ; ; 37, 38 Severe: ;Severe: Severe: Severe: IFair: Nelson depth to rock. I depth to rock, depth to rock, seepage. I thin layer. ; seepage, seepage. , I ; 39 ;Severe: Moderate: Slight ;Slight IFair: Nunn ; percs slowly, excess humus. , ; ; too clayey. 40 Severe: Moderate: ;Slight ;Slight ;Fair: Nunn percs slowly. excess humus, I ; ; too clayey. slope. I ; ; ; ; 41 Severe: Moderate: ;Slight ;Slight ;Fair: Nunn , percs slowly. , excess humus. I I ; too clayey. ; ; 42 ;Severe: ;Moderate: ;Slight ;Slight ;Fair: Nunn ; percs slowly. ; excess humus, ; ; ; too clayey. slope. ; ; I See footnote at end of table. 9M1.59 108 SOIL SURVEY TABLE 8.--CONSTRUCTION MATERIALS [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "good," "fair," "poor," and "unsuited." Absence of an entry means soil was not rated) I t Soil name and ; Roadfill ; Sand : Gravel Topsoil map symbol ; ; I ; : 1 , 2 Good Fair: ;Fair: Fair: Altvan excess fines. I excess fines. thin layer. 3': Aquolls Poor: Good Fair: Poor: wetness, excess fines. wetness. frost action. ' ; Aquents Poor: :Good Fair: ;Poor: wetness, I excess fines. I wetness. frost action. ; 4": ; ' Aquolls Poor: :Unsuited ;Unsuited :Poor: wetness, I ; I wetness. frost action. ; I Aquepts Poor: :Unsuited :Unsuited :Poor: wetness, : wetness. frost action. I 31 , 32, 33, 34 Fair: Unsuited Unsuited (Good. Kim ; low strength. 35': Loup (Poor: Fair: 'Unsuited: :Poor: wetness. excess fines. I excess fines. : wetness. Boel Fair: Fair: (Unsuited !Fair: wetness. excess fines. I thin layer. 36': Midway Poor: ,Unsuited ;Unsuited Poor: shrink-swell, too clayey. low strength, thin layer. Shingle Poor: Unsuited Unsuited Poor: thin layer. ' area reclaim. 37, 38 Poor: - 'Unsuited 'Unsuited :Good. Nelson thin layer. 39, 40 Poor: - :Unsuited :Unsuited (Fair: Nunn shrink-swell, I I : thin layer. low strength. I I 47, 42 Poor: Unsuited 'Unsuited ;Fair: Nunn shrink-swell, I I thin layer, low strength. ( I too clayey. , 43 Poor: (Unsuited ;Unsuited ;Poor: Nunn shrink-swell, : I I too sandy. low strength. ; . ; ; 44, 45 Fair: :Poor: :Unsuited (Fair: Olney low strength. I excess fines. : I too sandy, ; : thin layer. : : 46, 47, 48 Fair: (Poor: :Unsuited (Good. Olney low strength. I excess fines. I : 49 Good (Poor: Unsuited Poor: Osgood I excess fines. too sandy. 50, 51, 52, 53 Good (Poor: Unsuited Good. Otero I excess fines. 9201.59 1.5 70 SOIL SURVEY Julesburg series O-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 25Y,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 more than 18 percent clay in the B horizon. Olney, Otero, loan that is t8 to 30 percent P. 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 (10YR 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 peds; noncalcareous;mildly alkaline; clear smooth boundary. layer. 83-23 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(I0YR 6/3) loamy sand, brown(10YR 5/3) moist; massive; soft, very friable; neutral; gradual smooth O1-2 inches to 0; undecomposed organic material, chiefly grasses, boundary. sedges,and roots car—s8 to 60 inches; pale brown (10YR 6/3) sand, brown (10YR 5/3) Al-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; ary. make up 0 to 10 percent of the solum.Depth to free carbonates is more soft,very inches; calcareous;b ow moderately(1 alkaline;6/2 diffuse om sanddwit ��inches. C1-16 to 40 inches; light brownish gray (10YR 6/2) loamy sand with The horizon has value of 4 or 5 dry and 2 or 3 moist and chrome of few fine distinct yellowish brown(10YR 4/4)mottles,grayish brown 2 or 3.The B2t horizon is commonly sandy loam that is 10 to 18 percent calcareous; 5/2) moist; weak fine e; e structure;wy soft, very friable; day.The C horizon is sand or loamy sand. calcar 60 moderately alkaline;gradual wavy boundary. C2-40 to 60 inches; light brownish gray (10YR 6/2) sandy loam with common medium distinct yellowish brown (10YR 5/6) and gray Kim series (10YR 5/1)mottles,grayish brown(10YR 5/2)moist;massive; hard, friable;calcareous;moderately alkaline. The Kim series consists of deep, well drained soils that formed in mixed eolian deposits and parent sediment Typically these soils have free carbonates at the surface. The A po 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 (10YR 5/3) loam, dark brown (10YR 4/8) Renohill and Ulm soils have a B horizon. moist;weak fine granular structure; slightly hard,very friable;cal- Typical 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) lam, brown (10YR 5/3) Shingle complex, 5 to 20 percent slopes, 350 feet south moist;weak fine granular strocture; slightly hard,very friable;al- 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) lam, brown (10YR 5/3) moist; weak coarse subangular blocky structure; hard, friable; al- Ap—O to 7 inches; tight olive brown (2.51 5/4)clay, olive brown (2.51 careens;moderately alkaline;clear smooth boundary. 4/4)moist; weak medium granular structure; extremely hard, very a-18 to 40 inches; pale brown (10YR 6/3) lam, brown (10YR 5/3) fum;calcareous;moderately alkaline;clear smooth boundary. moist; massive; slightly hard, friable; calcareous; moderately al- Cl-7 to 13 inches; light brownish gray (2.5Y 6/2) clay, dark grayish Iodine;clear smooth boundary. brown(2.51 4/2)moist;massive;extremely hard,extremely firm;80 0_30159 72 SOIL SURVEY Osgood series The A horizon has hue of 10YR or 25Y,value of 5 or 6 dry and 4 or 5 moist,and chrome of 2 to 4.The C horizon is commonly sandy loam or The Osgood series consists of deep, well drained soils fine sandy loam that is less than 18 percent clay. that formed in eolian sands. Osgood soils are on smooth plains. Slopes are 0 to 3 percent. Paoli series Osgood soils are near the Valent and Vona soils. Valent The Paoli series consists of deep, well drained soils that soils lack a B horizon. Vona soils have an A horizon that formed in calcareous alluvium. Paoli soils are on terraces. is less than 20 inches thick. Typical pedon of Osgood sand, 0 to 3 percent slopes, Slopes are 0 to 3 percent. Paoli soils are near the Altvan,Ascalon,and Otero soils. 1,400 feet east and 500 feet north of southwest corner Altvan and Ascalon soils have a B horizon. Otero soils sec. 13,T.4 N, R.63 W. have a light colored surface horizon. A11-0 to 10 inches; grayish brown (10YR 5/2) sand, dark grayish Typical pedon of Paoli loam, 0 to 1 percent slopes, 750 brown (10YR 4/2) moist; single grained; loose; neutral; gradual feet north and 200 feet east of southwest corner sec. 19, smooth boundary. Al2-10 to 22 inches; brown (10YR 5/3) sand, dark brown (10YR 4/3) T. 4 N., R.68 W. moist;single grained;loose;neutral;clear smooth boundary. Ap—O to 10 inches; grayish brown (10YR 5/2) loam, very dark grayish B21t-22 to 28 inches;brown(10YR 5/3)sandy loam,dark brown(10YR brown(10YR 3/2)moist; moderate fine granular structure; slightly 4/3)moist;weak medium subangular blocky structure;hard,friable; hard,friable;neutral;clear smooth boundary. very few thin clay films on faces of some peds; neutral; clear Al2-10 to 20 inches;grayish brown(10YR 5/2)loam,very dark grayish smooth boundary. brown (10YR 3/2)moist; weak coarse subangular blocky parting to B22t-28 to 34 inches;brown(10YR 5/3)sandy loam,dark brown(IOYR moderate medium granular structure; slightly hard,friable;neutral; 4/3) moist; weak coarse prismatic structure parting to moderate clear smooth boundary. medium subangular blocky; hard,firm; very few thin clay films on A13—20 to 25 inches;grayish brown(10YR 5/2)fine sandy loam, very faces of peds;neutral;clear wavy boundary. dark grayish brown(10YR 3/2)moist; weak coarse prismatic struc- Clca-34 34 to 42 inches;pale brown(10YR 6/3)loamy sand,brown(10YR ture; slightly hand, very friable; calcareous; mildly alkaline; clear 5/3)moist;massive;slightly hard,very friable;some visible lime oc- smooth boundary. curing in fine threads and soft masses; calcareous; moderately al- Clca-25 to 40 inches;light brownish gray(10YR 6/2)fine sandy loam, kaline;gradual wavy boundary. dark grayish brown(10YR 4/2)moist; weak coarse prismatic struc- C2-42 to 60 inches; pale brown (10YR 6/3) sand, brown (10YR 5/3) tore; slightly hand, very friable; some visible lime in fine threads moist;single grained;soft,loose;calcareous;moderately alkaline. and seams;calcareous;moderately alkaline;gradual smooth bounda- Thickness of the A horizon ranges from 21 to 30 inches.The A horizon ry has hue of 10YR or 2.5Y, value of 5 or 6and 4 or 5 moist and C2ca�h40 few 60 inches; light an l brownish an gray ,lda k fine sandy loam dry with seams of sandy loam and loam,dark graysh brown(10YR chrome of 2 or 3.The B2t horizon is commonly sandy loam,but the clay 4/2)moist; massive; slightly very friable; some visible lime in content of the 132t horizon ranges from 15 to 30 percent �' fire threads and seams;calcareous;moderately alkaline. Otero series Thickness of the dark colored A horizon ranges from 20 to 50 inches. Rock fragments make up 0 to 15 percent of the soil- The Otero series consists of deep, well drained soils The A horizon has hue of 10YR or 25Y,value of 4 or 5 dry and 2 or 3 moist,and cinema of 1 to 3.Texture between 10 and 40 inches is corn- that formed in alluvium and eolian deposits. Otero soils monly fine sandy loam that is 5 to 18 percent clay. are on plains and terraces. Slopes are 0 to 9 percent. Otero soils are similar to the Kim, Nelson, Tassel, and Renohill series Thedalund soils and are near the Olney and Vona soils. Kim soils are more than 18 percent clay in the C horizon. The Renohill series consists of moderately deep, well Nelson, Tassel, and Thedalund soils have sandstone and drained soils that formed in residuum from calcareous shale between 10 and 40 inches. Olney and Vona soils shale. Renohill soils are on plains. Slopes are 0 to 9 per- have a B horizon. cent. Typical pedon of Otero sandy loam, 1 to 3 percent Renohill soils are similar to the Olney and Ulm soils slopes, 950 feet north and 2,400 feet west of southeast and are near the Midway, Shingle, and Thedalund soils. corner sec. 24, T. 6 N., R. 66 W. Olney and Ulm soils are deep. Midway, Shingle, and Thedalund soils lack a B horizon. Ap—O to 12 inches; brown (10YR 5/3) sandy loam, dark brown (10YR 4/3)moist;moderate fine granular structure;slightly hard,very fri- Typical pedon of Renohill clay loam, 0 to 3 percent able;calcareous;mildly alkaline;abrupt smooth boundary. slopes, 270 feet south and 1,400 feet west of northeast Clca-12 to 22 inches; pale brown (10YR 6/3) fine sandy loam, brown corner sec.30,T.8 N., R. 65 W. (10YR 5/3) moist; weak medium subangular blocky structure; slightly hard, friable; some visible lime onvring in medium soft Ap-0 to 9 inches; grayish brown (10YR 5/2) clay loam, dark grayish masses;calcareous;moderately alkaline;gradual smooth boundary. brown (10YR 4/2) moist; weak fine granular structure; slightly C2-22 to 60 inches; pale brown (IOYR 6/3) fine sandy loam, brown hand,friable;neutral;clear smooth boundary. (10YR 5/3) moist; massive; hard,friable; calcareous; moderately al- B2t-9 to 16 inches;grayish brown (10YR 5/2)clay loam,dark grayish kalne. brown (IOYR 4/2) moist; moderate medium prisms parting to moderate fine subangular blocky structure; very hard, firm; corn- Typically these soils have free carbonates at the surface. Content of mon moderately thick clay films on faces of pads; non calcareous; coarse fragments ranges from 0 to 10 percent mildly alkaline;clear wavy boundary. 9: U 1.59 VEY WELD COUNTY, Ci 0 percent of the unit. Aquents, which have a lighter These are deep, poorly drained soils that formed olored surface layer, make up about 35 percent. About 5 recent alluvium. No one pedon is typical. Commonly ercent is Aquepts and Bankard sandy loam. These are deep, soils have a mottled, mildly to moderately rlyingm material that .poorly drained soils that formed in or clayey surface layer and underlying material . scent alluvium. No one pedon is typical. Commonly the Y more.g oils have a mottled, mildly alkaline to moderatel al- a gle edto a yer i toh 60 inches ng a In places they ht moderately a gleyed layer in the underlying material. aline loamy or clayey surface layer and underlying Most of the acreage is subject to excessive runoff. 1 nterial and are underlain by sand or sand and gravel water table is at or near the surface in spring and duos within 48 inches. In places they have a gleyed layer in the the peak of the irrigation season. mderlying material. These soils are used for rangeland and wildlife habit Most of the acreage is subject to flooding. The water Some small areas are irrigated pasture. able is at or near the surface early in spring and recedes The potential native vegetation is dominated o as deep as 48 inches late in fall in some years. switch These soils are used for rangeland and wildlife habitat. bluestem,m prairie indiangrass,c se,western saltgwherass, alkali s slend Tome small areas have been reclaimed by major drainage big gndu . Cattails wheatgrass, h nd and leveling and are used for irrigated crops. g in wheatgrass, sedge,s , and rush. with and bullrush grc The potential native vegetation is dominated by alkali in the swampy spots associated these range set uicaton, switchgrass, and western wheatgrass. Salt Potential production ranges from 4,000 pounds per y acre Sr'as Bps, favorable years to 3,000 pounds in unfavorable years. I ledge, rush, and alkali bluegrass are also prominent. range condition deteriorates, the tall and mid ?otential production ranges from 3,000 pounds per acre in decrease, production drops, and saltgrass, sedge, and favorable years to 2,000 pounds in unfavorable years. As increase. The farming and irrigation in adjacent areas h: -ange condition deteriorates, the switchgrass, alkali increased the amount of salts on much of the acreage. sacaton, and western wheatgrass decrease and saltgrass, Management of vegetation on this soil should be base ;edge, and rush increase, on taking half and leaving half of the total annual produi Management of vegetation should be based on taking tion. Switchgrass, half and leaving half of the total annual production. Seed- ub big bluestem, indiangrass,inermedia wester ing is difficult and costly because numerous tillage prac- grwheatgrass,tall , pubescent wheatgrass,allfescue intermediate suitable ui wheal tices are required to eliminate the saltgrass sod. seeds tall aw plantsss, and tall ul are seas ft Spa seeding. The plants selected should met the season Switchgrass, western wheatgrass, alkali sacaton, tall requirements of livestock. For successful seeding, a fin wheatgrass, and tall fescue are suitable for seeding. They reared seedbed is needed. A can be seeded into a clean, firm seedbed. Seedbed prepared proven ens drill should successful. Til Seeding early to spring ra has most e getatin Til preparation usually requires more than 1 year to lage is needed to eliminate the undesirable vegetation. eliminate the saltgrass sod. A grass drill should be used. Wetland wildlife, especially waterfowl, utilize this unit Seeding early in spring has proven most successful. The wetland plants provide nesting and protective coves Wetland wildlife, especially waterfowl, utilize this unit. as well as some food. The nearby irrigated cropland The wetland plants provide nesting and protective cover, where wildlife obtain much of their food and fmd protec as well as some food. The nearby irrigated cropland, find protec- trot cover, makes this unit valuable to both wetland and where wildlife obtain much of their food and five cover, makes this unit valuable to both wetland and openland wildlife. openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer fin fire and fenced to d excellent cover in somee r be protected prevvens vent encroachment and areas. overuse by livestock. They should not be drained. Capa- These valuable wildlife areas should be protected from bility subclass VIw; Aquolls in Salt Meadow range site, fine and fenced to prevent encroachment and overuse by Aquepts in Wet Meadow range site. livestock. They should not be drained. These soils havegood 5—Ascalon sandy loam, 1 l 3 percent slopes.tion This is 0 potential as a source of sand and a deep, well drained soil on uplands at elevations of 4,600 gravel. Capability subclass VIw; Salt Meadow range site. to 5,200 feet. It formed in alluvium. Included in mapping 4—Aquolls and Aquepts, flooded. This nearly level are small areas of rock outcrop. map unit is in depressions in smooth plains and along the bottoms of natural drainageways throughout the survey Typically inches thick.the surface layer is brown wady loam about r The subsoil b is pale e and yellowish area. Aquolls, which have a dark colored surface layer, brown sandy clay loam about 15 inches thick. The sub- make up about 55 percent of the unit. Aquepts, which stratum to a depth of 60 inches is calcareous fine sandy have a lighter colored surface layer, make up about 25 loam. percent. About 20 percent is soils that are well drained Permeability is moderate. Available water capacity is and soil that have sandstone or shale within 48 inches of high. The effective rooting depth is 60 inches or more. the our ce. Surface runoff is slow, and the erosion hazard is low. J A � 1. rt9 'J': Hello