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Home My WebLink About940042.tiff RESOLUTION RE: APPROVE CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR WILLIAM AND CHARLES JERKE 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 29th day of December, 1993, at 10:00 a.m. for the purpose of hearing the application of William and Charles Jerke, 23003 Weld County Road 39, LaSalle, Colorado 80645, requesting a Change of Zone from A (Agricultural) to E (Estate) for a parcel of land located on the following described real estate, to-wit: Part of the SE* NE,' of Section 32, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on December 29, 1993, the Board deemed it advisable to continue said matter to January 5, 1994, at 10:00 a.m. , to allow all Board members to be present, and WHEREAS, at said hearing on January 5, 1994, William and Charles Jerke, applicants, were present, 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 recommendation 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. b. The uses which will be allowed will be compatible with surrounding land uses. c. Adequate water and sewer service can be made available. d. Roads are adequate to provide access to the proposed zone. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of William and Charles Jerke for 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: 940042 PL0956 PL0 � ti h CHANGE OF ZONE - JERKE PAGE 2 1. Prior to recording the plat: a. The applicant shall address concerns of the Town of LaSalle regarding non-compliance with its Comprehensive Plan. b. The applicant shall submit an executed agreement with the Union Ditch Company, which specifies an agreed upon treatment of the Ditch. 2. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. Prior to recording, the following notes shall be placed on the Change of Zone plat: a. Water service shall be provided by Central Weld Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal shall be provided by individual sewage disposal systems. c. The maximum number of lots associated with this Change of Zone shall be six, in accordance with the application materials. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of January, A.D. , 1994. [ / n /,#/ BOARD OF COUNTY COMMISSIONERS ATTEST: ,I) f WELD COUNTY, COLORADO d5.4,.✓/ / v � v w4�^✓� j, Weld County Clerk to the Board f LJ t .7 0) I *1 . H. Webster, hai n BY: e � � ' ' Deputy Clerk to the Rpixl \ Da e K. Hall, Pro-T m p�/ APPROVED AS TO FORM: /1),, ,/George/E. Baxter County Attorney onstance L. Harbert eiazZ JA.Pixert— 'Barbara J. Kirkm yer 940042 HEARING CERTIFICATION DOCKET NO. 93-90 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - WILLIAM AND CHARLES JERKE A public hearing was conducted on January 5, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated December 6, 1993, and duly published December 9, 1993, in the Windsor Beacon, a public hearing was conducted on December 29, 1993, to consider the request of William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . At said hearing on December 29, 1993, said matter was continued to January 5, 1994, at 10:00 a.m. , at which time Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the unfavorable recommendations of the Planning Commission and the Planning staff into the record as written. He also indicated the Town of LaSalle had recommended denial because the request does not meet the goals of the Town's Comprehensive Plan. William and Charles Jerke, applicants, were present. William Jerke stated the proposal consists of six houses east of LaSalle on 30 acres, 26 acres of which are farmable. He indicated the property was purchased nine years ago and has been planted in alfalfa and corn. William Jerke explained the surrounding uses which are agricultural and small tracts, with 40 residents within one mile of the site. He further explained the road accesses, utilities, and the well which will irrigate approximately 20 acres after development. There will be protective covenants concerning the types of homes allowed and a home owners' association for maintenance of the roads, well, etc. William Jerke indicated the geography of the site and stated the site is consistent with and contiguous to the Town of LaSalle. Responding to questions from the Board, William Jerke indicated the lots would be 5-acre, irrigated lots with a minimum 1500 square-foot home, in the price range of $125,000 to $175,000. He answered further questions from the Board concerning the well and available water and indicated he does not own the mineral rights. He confirmed the map was not final, but only intended to relay an idea of the site, and is highly subject to change. William Jerke indicated there would be an increase in traffic; however, he feels the road would be adequate. Charles Jerke indicated six units would not make a substantial impact. Discussion ensued concerning potential closing of the pickle dock crossing near the site. William Jerke presented his objections to the Planning Commission's recommendation and reiterated 20 acres would still be irrigated. He specifically addressed areas concerning the present use of the land, the mineral resources, agriculture, the Urban Growth Boundary, open space, economics, and the environmental quality as outlined in the recommendation. William Jerke submitted letters of support from Donald Brantner and David L. Cole as Exhibits J and K for the record. Judy Burbach, surrounding property owner, stated concerns about the septic tanks draining toward her well, the one-lane bridge, and the dust from the roads. Doyle Karst, Mayor of LaSalle, stated the proposed site is located in a heavy industry area according to the Town's 1978 Plan; however, no heavy industry has developed nor is any likely to develop in the next 20 years according to a consultant. He stated the Town is changing its 940042 r . 1-)1.1:17,5 RE: HEARING CERTIFICATION - JERKE PAGE 2 current master plan and has no problem with the Change of Zone since the use will be consistent to the area. Mr. Karst indicated the Town does not want to proceed with the closure of the pickle dock crossing and answered questions from Commissioner Hall concerning the sewer hookup fees. In response to a question from Mr. Thompson, Mr. Karst explained the Town's response pursuant to the referral form and clarified the Town does not oppose the proposal. Gary Alles, President of the Union Ditch Company, also stated various reasons of objection and areas of concern. (Changed to Tape #94-02 during discussion among William Jerke, Gary Alles, and the Board. ) John Alles, Nancy Crowder, Lyle Dickens, and Sandra Dickens, surrounding property owners, stated their opposition, and voiced numerous concerns, reiterating the fact that the Planning Commission and Planning staff both recommended denial of this request. During William Jerke's rebuttal, he responded to the various concerns and comments and answered questions from the Board. In response to a question from Commissioner Baxter, Mr. Thompson explained each application is reviewed on an individual basis. He indicated staff evaluates the application by reviewing the entire Comprehensive Plan for conformance. Mr. Morrison reiterated rezonings cannot be compared because each one is evaluated individually. Mr. Thompson further explained the site is within the Urban Growth Boundary area; however, it is one mile away from the Town. He said the subject land is classified as prime agricultural land, even without a water supply, which is to be preserved for agricultural use. Mr. Thompson indicated the mineral policy had been adequately addressed; however, all other points have not. William Jerke answered further questions from the Board concerning past profits from the land and farming expenses. After further discussion, Commissioner Baxter stated he feels this request falls in the category which will be addressed by the County's revised Comprehensive Plan. He stated the septic systems will be constructed according to regulations which should relieve concern and the dust on the roads will remain a problem until the roads are improved. Commissioner Baxter said the safety factor on the bridge will be followed up on, and he believes this site is a candidate for development. Commissioner Baxter then moved to approve the request of William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The motion was seconded by Commissioner Harbert, and she requested staff present Conditions of Approval for the Board's review. After the applicants' consent to the Conditions of Approval, the motion carried unanimously on a roll-call vote. This Certification was approved on the 10th day of January, 1994. APPROVED: / ATTEST: ri BOARD OF COUNTY COMMISSIONERS d3.w"� WELD COUNTY, COLORADO Weld County Clerk to the Board � L rig' /� 2' / By: f Q � C �Gx W H. We/bssster, ha'rman /��.(/� Deputy Clerk to the Board Dale. Hall, r Tem TAPE #94-01 and #94-02 , / ' L '�z /Geo ge/4. Baxter DOCKET #93-90 Constance L. Harbert PLO95t L- --7", / Barbara J. Kirkm er 940042 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JANUARY 1994: DOCKET It 93-90 - COZ WILLIAM AND CHARLES JERKE DOCKET it 94-01 - WASTE SERVICES CORP. CLOSURE PLAN (CENTRAL WELD LANDFILL) DOCKET It 94-02 - USR GARY AND DOROTHY BJORKLUND DOCKET II 94-03 - USR THOMAS AND BEVERLY TROSTEL PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING La/Le.., 6 "4trhr fid, il, kin/ eA, y7n t �rl� �lt -19 9L7�i /l e� 7? �' yvi. C r2 , ) 1.a a 1/- L/(� �/ JA ns � it, GZl- a� �rJ Svc y'7 � " saw -, t-- , - �-=--• 2 IBS .0,r--- x),63/ WCR 3y z,,,9 //F_ c_ cf) _I.,�u�-.j- alai, %3e 94 GU(X 7L c----e e% Co(Pb (03/ C-e-e k,.$17- tekS0 9 > r, C 0 $0lay.3 34'0042 Donald Brantner 19795 Weld County Road 50 1/2 LaSalle , Colorado 80645 January 5 , 1994 Weld County Commissioners Greeley , Colorado 80631 Dear Commissioners : I 'm sorry I cannot attend in person to testify . I am in favor of the Jerke Brothers zone change from Agricultural to Estate . As an immediate neighbor of the property , I feel it would be in the best interests of the neighborhood to change the zoning to Estate . Thank you for your consideration of my view. Sincerely , aa4/.l Donald Brantner +�\ s �NH 0�a' Ebi-f-k 940042 January 5, 1994 Board of County Commissioners Weld County, Colorado Ladies and gentlemen: I would like to express my support for the proposed re-zoning of the Jerke Brothers property from agricultural to estate. My wife and I have expressed an interest to the Jerkes in purchasing one of the lots if the subdivision is completed. We have lived in La Salle for 20 years, and now would like to build a custom home in the area. I currently own a business in La Salle (Cole & Crosier, P.C. , CPAs) and my wife teaches in the RE-1 schools. We have had difficulty finding a property within a reasonable radius of La Salle that would allow us to build a home but still keep our roots in the community. Except for two or three isolated lots in the past decade, the Jerke property is the first property to become available for custom construction. As you may know, La Salle is isolated by the flood plain on the north and west, a zoned industrial park on the south, and the railroad keeps the east side from being developed. The Jerke property is contiguous to estate type development already in place, and has Central Weld water and natural gas service. The property is about one-half mile from an existing La Salle sewer line, which might make it very annexable to the Town of La Salle in the future, assuming the intervening properties are also annexed. The proposed development will make surrounding properties more valuable because of the estate zoning and the quality of homes proposed for the Jerke subdivision. Also, it should be noted that the farmland taken out of production cannot in any sense be considered as "prime" land. The acreage involved is a rock-hard marginally productive field. It has occurred to me that if this proposal is not acceptable to Weld County, then virtually no proposal would be acceptable. For the reasons enumerated above, I hope that the Board will give its approval to the zoning change. Sincerely,Zit CoEXHIBIT David L. Cole 228 Main St. La Salle, Colo J 940042 ogr: m€monnum wokTo Clerk to the Board Qi1, December 17. 1993 COLORADO From Greg ThnmpGnn, Current Planner subject: Z 484 Change of Zono from A (Agricultural) to E (Ectato) T.rke Please include the enclosed Board of County Commissioners sign posting certificate with the abovementioned case file. 9400.12 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. 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 # THE SIGN WAS POSTED BY: W//gar V e h- e NAME OF PERSON POSTING SIGN SIGNATURE OFAP L CANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 1r1 —DAY OF 10 COJl LOY- , 19 l �. SEAL ;; ;� NO .. ------- kis • egg •• P U G t'�G NO ARY PURL MY C0Fs4IORflow SIRES cs o4vt - (/�tq 1 Q LAST DAY TO POST SIGN IS: 190.90A® (MkQ XJ . ,q , 19 CQ • PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. San 04.1994 11:43AM FROM weld boces TO 3520242 P.02 PO BIM',ill dllinrar JOnnnll Inn eY In Iron ll 101 201 1.90 I•JutAW11.A gllxnpinlpr+Iw f nlor.uN l f towel 629 O)14 WElDrcoUM� vWa ymve. Wr MI (}drtM RE-2 RE•11 Weld County Commissioners J` 'v RE3J C/O Clerk to the Board JulnYlSnvn RE-7 Weld County KetteRUB Y Greeley, CO 80631 Inn Lupton RE-9 Ault Dear Board of Commissioners: I am writing this letter of support for the proposed property development of BID and Chuck Jerke. I am writing this letter as a private resident of LaSalle. I am a member of the Economic Development Committee (EDC) of LaSalle. The committee did not take a position on the development, but I would make the argument for the development as an individual. The town of LaSalle is having difficulty with limited or practically no new housing starts in our area. We have a number of issues that were identified in a survey done in our community by the EDC. Included in the problems were the lack of senior housing, lack of starter homes, and the lack of "move- up" homes. The proposed development of the Jerke's would be a partial answer to the issue of move-up housing since they are looking at • developing housing in higher quality range. This would help the town of LaSalle in allowing people to move to a better quality next purchase while opening up their present home to new families in town. I realize there is an issue regarding county Service delivery, but I would urge the Board to consider all of the issues, and approve the development. r Sincerely: ) 'i James A. . er TOTAL P.02 JAN 4 ' 94 11 : 58 303 284 5571 PAGE . 002 Ehih s-{- f+ 940042 cc = Bcxc�j); Pt- DEPARTMENT OF PLANNING SERVICES ip PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. GREELEY,140 N ORAAVENUEO COLORADO 80631 COLORADO Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26 , 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5.Y. k p Please refer to the enclosed letter. Signed: 722-d. 1. y .w Agency: CQ oRADb OIL 4 (BAs CoN5- �oN�i✓1 . Date: nrr 0 2 1993 DEC IVE DEC 0 6 1993 Ex/7 /bi 94O tyPlanning STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES Acting Director SUITE 380 LOGAN TOWER BUILDING PATRICIA BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor December 2, 1993 Greg Thompson Weld County Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Mr. Thompson: Case Z-484 has been reviewed by this office. There currently is a producing well located at 1980' FNL , 660' FEL which falls approximately at the south end of lot 2. We recommend that the location of the well and attendant production facilities be incorporated into the final plat and that building envelopes be specified on the proximate lots such that a minimum of 200 feet of set back is effected. It is also necessary to assure a proper turnaround and access road is provided for within the confines of the application. At such time as development is set to begin, we will require that this site be fenced to prevent unauthorized access, if the site is not already fenced. If you have any further questions please contact me at the above address or phone number. Sincerely yours, Robert J. Van Sickle Petroleum Engineer DEC 0 6 199 3 C3 Weld County Planning 9400.2 CLERK TO THE BOARD - • �, -....7 P.O. BOX 758 Irft -", GREELEY,COLORADO 80632 1� (303)3564000 EXT.4225 WI COLORADO November 23, 1993 William and Charles Jerke 23003 Weld County Road 39 LaSalle, Colorado 80645 Dear Applicants: Your application for a Change of Zone from A (Agricultural) to E (Estate) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the SEI NE,' of Section 32, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by Monday, December 20, 1993. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO/ 7 Constance L. Harbert, Chairman CLH: lmd I/we, l:.'4.ovQi_Av• /11 , do hereby request the Board of County Commissioners to review the above mentioned application. Fynit)l71 ca : t-fc 9400.12 ?LAN ;li:C COMMTSSION MTN= November 16, 1993 Page 2 The Vice-Chairperson asked the secretary to poll the member of the P'_ nning Commission for their decision. Bill O' Hare - yes , Shirley Camenisch - yes . Juliette Kroekel - yes , Tom Rulon - yes , Bud Clemens - yes , Ron Sommer - yes, Marie Koolstra - yes , Richard Kimmel - yes . Motion carried unanimously. CASE NUMBER: Z-484 NAME: William and Charles Jerke ADDRESS: 23003 Weld County Road 39, La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32 T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50 1/2. William Jerke, applicant, stated this subject property is 30 acres, 26 acres of land are farmable. He stated there are geographical reasons why this location is not favorable for farming. There is a ditch, railroad, and an oil well. The past use of the property has been in alfalfa. The proposed future use would be 3 to 5 acre sites with only 6 home sites. This proposal is consistent with surrounding land uses that consist of small tracts . Mr. Jerke stated there are forty homes in a one mile radius. Mr. Jerke stated the land use around the proposal has changed this proposal fits in with the current land use. Bud Clemons asked if the residential sites would be horse properties. Mr. Jerke stated that could be a possibility, he would like to see agricultural uses on the land. The property would be accessible to irrigated water if people would like to farm or have animals. Bud Clemons also asked if the service rights from the ditch would be transferred. Mr. Jerke stated no service rights would be transferred. Bill O'Hare asked why they were not proposing to tie into the public sewer system of La Salle. Mr. Jerke replied that the expense would be to great. The Vice-Chairperson asked if there was anyone in the audience who would like to speak for or against the application. /5:)e )/ 1-d- 940042 PLANNING COMMISSION MINUTES November 16, 1993 Page 3 David Cole, resident of La Salle, stated he has lived in La Salle for over 20 years and would like to stay in this area. He feels Mr. Jerke' s proposal is a good idea. He stated La Salle is bound in and there are no further building lots in the town. He is very involved in the community and would like to keep his family there but he would like to build a house on a few acres. He would like to see the proposal go through and feels it would be an enhancement to the area. Lyle Dickens, surrounding property owner, stated his property adjoins this proposal on the west. He is disappointed that the urban growth is moving towards his property. Mr. Dickens has concerns about the increase traffic on Weld County Road 50 1/2. He stated that the roads are very narrow and people always get backed up by the railroad tracks. Mr. Dickens was also concerned about the ditch being so close to residences, he stated it may leak into basements. He also stated they are not protected from pollution that is caused by urbanized areas. He preferred that this development not go through. Gary Alles, representative of the Union Ditch Company, stated he opposes this plan. Their concerns are there is no deeded right of way for the ditch and the ditch company would not be able to get equipment in to clean the ditch. The Company is also concerned with added residences; there will be more complaints to spray weeds along the ditch. The Ditch Company would not be liable for any seepage from the ditch. They are concerned about chain link fences and their effect on limiting access to maintain the ditch. They also had concerns about pollution of the ditch. Shirley Camenisch asked how big the ditch is. Mr. Alles stated it was 30 feet across and 8 to 10 feet deep. John Alles, surrounding property owner, stated that the agricultural uses around this proposed lot would be at risk because of complaints about spraying, manure smells, and balling hay at night. He is also concerned about pollution of the Union Ditch. He stated there are narrow roads in the area that have had head on collisions. He also was concerned about the oil and gas well operating on this development. He is opposed to this proposal. Bill O'Hare asked how narrow the bridge is. Mr. Alles stated it was about 12 feet wide and is very steep on the north side. 940042 pLAN,Y:N3 COMMISS=ON M`_NSTTES November 16 , 1993 Page 4 Milton. Holmes , surrounding property owner, was concerned about the roads in the area and the increased traffic. He stated in the winters there are always people getting stuck on 'field County Road 50 1/2. The roads are very dusty and when it rains it can be knee deep on the road. He also stated the railroad crossing would also be a problem because it does get backed up with cars. Mr. Holmes also feels the development would not be compatible with the agricultural uses around the subject property. William Jerke responded to the surrounding property owners by explaining that there should not be a problem with road traffic because there are three ways to enter the property. He feels most drivers are responsible and the area does not allow for high speeds. He will make an agreement with the Union Ditch Company to record a 50 foot easement from the centerline of the ditch. He stated the three lots are upstream from the ditch and he does not see a problem with flooding. Mr. Jerke stated right now it is not economically feasible to farm this property. Ron Sommer asked why the referral response from La Salle suggested two cul-de- sacs and the zoning is projected as heavy industrial? William Jerke stated they will place a sign that states it is not a throughway. He stated that there is no heavy industry and does not see any in the future. He stated that La Salle is in the process of changing its Comprehensive Plan. Bud Clemons stated that emergency management likes to have more than one egress and ingress. Bill O'Hare asked Lee Morrison about the ditch company's right-of-way even though it is not recorded. Lee Morrison stated that the ditch company must have a reasonable right-of-way necessary to maintain the ditch. There is no magic number. It is based upon typical use and typically is 8 to 12 feet. William Jerke addressed the Planning staff comments in regards to leapfrog development. He stated the land is hard to farm and the surrounding area has the same kind of tract development. He stated this land is not prime agricultural land. Mr. Jerke stated he had a person turn down farming his land because of the hard soil. Mr. Jerke stated he is in favor of keeping prime agricultural land agricultural. He feels this proposal is compatible with the surrounding land use. Larry Intermill, Surveyor, wanted to speak about some misconceptions. He stated cul-de-sacs are allowed by the Subdivision Regulation; it states no more than 20 lots. He stated this was compatible with the Comprehensive Plan because it was within the three mile Urban Growth Boundary. 9400.42 PLANNING COMMISSION MINUTES November 16, 1993 Page 5 Greg Thompson stated that the recommendation of the Planning staff looks at all elements of the Comprehensive Plan. He stated the land is prime agricultural land. If the soil was noc irrigated, then it would be a soil of statewide importance. He also stated that a surrounding property owner offered to buy the property to be used for farming purposes. Staff feels this proposal is leap-frog development. It is a mile away from town and not adjacent. The County has adopted a Comprehensive Plan which contains goals to preserve agricultural land. Putting houses up is not the best use of the land. William Jerke stated the money used from selling these lots would be reinvested in agricultural land. He would be investing the money into his farm south of La Salle. Bud Clemons asked if the size of the farm was a problem. Mr. Jerke stated the site can be farmed but the soil is very heavy and has been in alfalfa, but they have to take it out to let the soil rejuvenate. Sprinklers can not be used, so they have to flood work the field. Marie Koolstra asked if there are any safe guards to protect the properties from ditch water. William Jerke stated the three properties by the ditch are up slope from it. He also stated in the covenants that those three lots shall maintain fences. Bud Clemons moved that Z-484, for a Change of Zone from A (Agricultural) to E (Estate) be forwarded to the Board of County Commissioners' with the Planning Commissions' recommendation for approval. Motion seconded by Shirley Camenisch. Lee Morrison stated that the Commission members should come up with some findings because they are moving to approve the case with a recommendation of denial from the Department of Planning Services. Bud Clemons stated that he feels this site is not economically feasible to be maintained as prime agricultural land. Coupled with the oil well and roads, people have a hard time getting those areas farmed. He does not feel that six houses will overburden the County road system. The issue of the railroad is one that every County resident faces. The. 15 foot berm on the south side of the ditch will serve as a buffer zone to serve the ditch. The Vice-Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes, Shirley Camenisch - yes , Juliette Kroekel - no, Tom Rulon - no, Bud Clemons - yes, Ron Sommer - no, Marie Koolstra - no, Richard Kimmel - no. Motion denied. 940042 PLANNING COMMISS_ON MINUTES November 16 , 1903 Page 6 Bill O' Hare: "I defend agricultural land, in this instance I have ,:o agree with Bill that the geography and the sine of the property, you just can' t farm 35 acres of land even though he apparently spent quite a bit of money at one time several years ago trying to improve it so it would farm better. After looking at the facts from the Colorado Geological Survey without going any further than looking at that staff' s assertions that it is a valuable mineral resource, cold water. As far as the Urban Growth Boundary go we all know we have that coming up. There may be a change in regard to that, but in listening to the neighbors and everyone. Everyone states the town is growing out that way. I don' t see were six homes will mean a lot of difference. That is my reason for doing that. Shirley Camenisch: "I have to go along with Bill and Bud. This is a small 30 acres, I can' t see were it could be economically feasible for a farmer, he can' t run his equipment from the south of La Salle clear out there to make it economical. I do have a problem with the oil well and the homes, they come in on 30 acres and drill again that will present a problem, but I am still going to vote yes. Juliette Kroekel: "I am one of those who came from Denver and moved into the County into a subdivision. You cannot pick your neighbors, I don' t care what you say, you are going to have trouble. But what I have seen in the seventeen years that I have been out where I am is the farmers have changed the way they worked. You may have trouble with your land but if you work it properly it can produce. I have seen small parcels around us that are now being used for nurseries and vegetable crops that are being grown specifically for restaurants and area. My husband changed our property into what I call a small Rhode Island and we only have 2 1/2 acres. It is just the way he handled it. Just because there are homes already there does not mean that we have to continue. We are trying to change this whole attitude. We are trying to keep agricultural property. It can be worked if someone else gets in there and does it properly. I do see the farmer get the pressure, because I know when it came to crop dusters flying over our areas, people went berserk. We really need the farm land. I have to support the small areas from not getting out there, it has to be done a different way. 940042 PLANNING COMMISSION MINUTES November 16 , 1993 Page 7 Tom Rulon: "I agree with the staff on this particular proposal" Ron Sommer: "Within the last year and a half just because of economic development it seems that all the agricultural land in Weld County is uneconomical small units that they farm for 200 to 300 years all of the sudden because we are near a city it becomes uneconomical. Every zoning commission we have had everyone who comes to the podium says the exact same thing that before I had an eighty and now I can' t make it on this eighty. This is a real good excuse, but I think if we are going to preserve any agricultural land we have to stick to some kind of a plan. " Marie Koolstra: "I do not doubt that this could have development potential but I would like to see some safe guards put in for the ditch company. I would like to see some more work done in this area." Richard Kimmel "The oil well is the main reason and to go along with the staff recommendation. " Lee Morrison indicated that the Planning Commission can make a motion to recommend denial so the commissioners will be clear on what the action was. Ron Sommer moved Case Number Z-484 for a Change of Zone from A (Agricultural) to E (Estate) be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for denial. Motion seconded by Juliette Kroekel. The Vice-Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - no, Shirley Camenisch - no, Juliette Kroekel - yes, Tom Rulon - yes, Bud Clemons - no, Ron Sommer - yes, Marie Koolstra - yes, Richard Kimmel - yes. Motion carried. Chuck Cunliffe stated that the proposed change to the Weld County Comprehensive Plan will be the amendment of the Urban Growth Boundary map. Redefining the Urban Growth Boundaries areas from three miles from any municipal boundaries to 1/2 mile from an area served with public water and sewer by the municipality. The Vice-Chairperson asked if anyone in the audience would like to speak for or against. 940942 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-484 NAME: William and Charles Jerke ADDRESS: 23003 Weld County Road 39, La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32 T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50 1/2. be recommended unfavorably to the Board of County Commissioners for the following reasons: This proposal is not consistent with the Weld County Comprehensive Plan's Goals and Policies. This proposal is located in the A (Agricultural) zone district and is evaluated under the Mineral Resource, Agricultural, Open Space, Economic, Urban Growth Boundary, and Environmental Quality Goals and Policies. According to Section 21.5.1.1 of the zoning ordinance, the applicant shall demonstrate that the proposal is consistent with the Weld County Comprehensive Plan, or the zoning of the property is faulty, or changing conditions in the area warrant a change of zone. The applicant attempted to indicate the proposal is consistent with the Comprehensive Plan. This particular application is not adjacent to a municipality and constitutes leap-frog development, is located on prime farmland, and eliminates open space. The Mineral Resource, Agricultural, Urban Growth Boundary, Open Space, Economic, and Environmental Goals and Policies of the Weld County Comprehensive Plan overwhelmingly indicate that this change of zone should be denied. The following Sections of the Comprehensive Plan do not support the applicants' proposal: * Mineral Resource Goal #1 * Mineral Resource Goal #2 * Mineral Resource Policy #1 * Agricultural Goal #1 * Agricultural Goal #2 * Agricultural Goal #4 * Agricultural Policy #1 * Urban Growth Boundary Goal #1 * Urban Growth Boundary Policy #1 * Open Space Goal #1 .) n * Economic Goal #2 1 fin/b - 940042 The way land is presently used is one of the most important considerations in land-use planning. Most existing development remains in the future and has a strong influence on the future pattern of development and land use in the County. Since the land area of the County remains constant, increases in the land area of urban-type uses brings about decreases in farmland and farm production. The percentage of urban-type land use is probably not as significant as the pattern of use (Weld County Comprehensive Plan (WCCP) pg.14) . Higher costs are incurred both initially and ultimately in providing public services to a sprawl pattern such as the proposed development. Scattered development requires the extension of services through vacant areas. Extension of services through vacant areas creates an under-utilization of services, which is a contributing factor to higher service costs (WCCP pg. 16) . MINERAL RESOURCE The applicants have addressed Section 21.5.1.5.2 of the Weld County Zoning Ordinance, which is based on State Statute 34-1-305, by indicating the proposed rezoning falls in an area underlain by "T-3" mineral deposits. These mineral deposits are classified as "stream-terrace deposits" consisting of sands which "range from course gravelly stream sands to fine-grained wind- deposited dune sands" . The aforementioned Section of the Zoning Ordinance states that any proposed rezoning shall not permit the use of any area known to contain a commercial mineral deposit which would interfere with the present or future extraction of the deposit. The first Mineral Resource policy further supports this idea. Placing roads and residences on this property would preclude the removal of the underlying mineral deposits, and therefore the establishment of Estate zoning at this location should not be allowed. The Weld County Comprehensive Plan Mineral Resource goals support the Zoning Ordinance statements by indicating, "conserve lands which provide valuable natural deposits for potential future use" . . . Furthermore, the second Mineral Resource goal states, "promote the reasonable and orderly development of mineral resources" . The applicants have shown there are commercial mineral deposits on the property. This rezoning would preclude the removal of this natural resource. AGRICULTURAL The problem of competition and conflict between urban and rural land use interests exists. As urban areas continue to expand, agricultural resource lands are either directly converted to urban uses or are adversely impacted due to inherent conflicts between rural and urban activities (WCCP, pg. 17) . For example, the Union Ditch has responded to this proposed change of zone by indicating "Maintenance of the ditch is severely restricted along subdivisions and towns. We oppose this plan because it will affect the operation of the Union Ditch. " The comprehensive plan further supports the Union Ditch 2 940042 assertions by stating, " . . .some of the most highly productive agricultural land borders urban population centers. Tension between farming and non- farming uses in rural areas with growing populations is prompted by the additional expense of vandalism to crops, livestock, irrigation ditches, and farm equipment. Other burdens to the farmer have occurred from restrictions on normal farming practices in areas encroached upon by residential, commercial, and industrial uses" (WCCP, pg. 23) . Unlike other industries that are free to relocate, agriculture is rooted to the soil in a specific time and specific place. As a secondary benefit, farmland preservation helps to maintain natural systems and natural processes. These include the preservation of wetlands, small watersheds, aquifer recharge areas, flood plains, and special wildlife habitats. Croplands in agricultural districts also provide natural open-space areas. A principal benefit derived from open space is relief from more intense urban uses conducted in a municipality. Open-space buffers help maintain a sense of rural identity and diversity. These buffers also allow communities to maintain separate identities (WCCP, pg. 22) . Farming is an important element in the Weld County economy (WCCP pg. 20-29) . Weld County Agricultural Goals and Policies have been developed to support and preserve the agricultural industry and farming as a way of life. Agricultural goal #/1 states, "Institute policies that will encourage the preservation of the agricultural uses in Weld County" . The means of administering the first agricultural goal is found in Agricultural policy #1, which states, "Agricultural zone districts shall be established and maintained to protect and promote the County's agricultural industry. The agricultural zone district is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses" . The soil at this location has been identified as prime agricultural land. Allowing residential uses to locate here will remove this resource from production. Agricultural goal #2 states, "Promote the agricultural use of prime agricultural land" . The soil where the proposed change of zone is located, an Altvan loam with 0 to 1%% slopes, has been designated as a "Farmland of Statewide Importance" by the United States Department of Agriculture Soil Conservation Service (USDASCS) . This soil is used almost entirely for irrigated crops. This soil is suited to all crops commonly grown in the area, and can produce habitat elements that are highly suitable for open land wildlife. Furthermore, this land is "prime farmland if irrigated with an adequate supply of water, and qualifies as High Potential Dry Cropland" (USDASCS) . Agricultural goal #4 seeks to "encourage residential. . . development to locate adjacent to existing incorporated municipalities" . The proposed change of zone is approximately 1 mile away from the nearest municipality, and therefore, not adjacent and constitutes leap-frog development. 3 940042 URBAN GROWTH BOUNDARY The only portion of the Comprehensive Plan which the applicant addresses in the application is the portion of the urban growth boundary policy which indicates land use development proposals within an urban growth boundary shall be encouraged, so long as they conform to the desires of the municipality as expressed in its comprehensive plan or by its land-use decision-making body. The Town of La Salle indicated that this change of zone proposal does not comply with their Comprehensive Plan because the Towns' "Future Land Use map has this area future zoned Heavy Industrial. Residential use would not be a use permitted" . The urban development goals and policies are designed to plan for anticipated growth by directing urban uses and development to existing cities . . . which can provide the necessary urban services. The urban development section (WCCP, pg. 30-34) addresses the preservation of prime agricultural land by considering its relationship to the entire system of land use and development within the County and the region. These goals and policies reflect a basic commitment to conserving natural and managed resources while directing growth. The most efficient method to plan for and provide required urban services at the lowest cost to the taxpayer is for urban development to occur in the municipalities, thus avoiding duplication of services and discouraging the formation of special districts and other authorities to provide urban services. Quite clearly, the proposed rezoning does not conform to this Section of the Comprehensive Plan. The first urban growth boundary goal is to, "Concentrate urban development in or adjacent to existing municipalities" (WCCP, pg. 33) . This proposal is one mile from any municipality. The first urban growth policy indicates land-use development proposals within an urban growth boundary shall be encouraged . . . if the municipality has agreed to provide services. The Town of La Salle not only won't be providing any services, but has indicated this proposal is not compatible with their adopted Future Land Use map. The physical form of new development created . . . at the urban fringe of municipal areas has a significant impact on the total amount of economic and environmental resources needed to accommodate new urban growth. This concern affects all people of the County, both urban and rural. An urbanization pattern that is created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long term desirability. Since La Salle has indicated this area is slated to develop as Heavy Industrial, the long-term desirability of this proposal is not desirable. OPEN SPACE The adoption of goals and policies which are acceptable to Weld citizens and minimize conflict between areas for open space and urban development is the central theme of the County's open space goals and polices. Open space is any outdoor land or water area. This includes such areas as agricultural lands. . . Open space is desirable because it performs many natural functions and satisfies many human needs. Open space is used for the production of crops 4 940042 and raising of livestock. Open space is used for outdoor recreational activities and other leisure time pursuits which promote the health and welfare of people. Open spaces function as airsheds which reduce the effects of air pollution. Open spaces function as watersheds and storm drainages collecting water for streams and aquifers and absorbing water of intense rainfall or snowmelt. Open space also supports wildlife which in turn provides enjoyment for Weld citizens. With this background in mind, the first open space policy is stated quite simply, "promote agricultural use of prime agricultural land" (WCCP, 83-84) . The proposal before you would eliminate prime agricultural land, and eliminate some open space. ECONOMIC The second Economic Goal indicates, "the County shall provide land-use goals and policies which foster the economic health and continuance of agriculture" (WCCP pg.92) . One way of providing for the continuance of agriculture is to incorporate all elements of the Comprehensive Plan in any decisions which are made regarding a change in land-use. By denying this application, agricultural production can continue in this location. ENVIRONMENTAL QUALITY Each land-use change often has an unanticipated effect on the environment which may produce undesirable results. Erosion, sedimentation, reduced water quality, loss of productive farmland, and reduced fish and wildlife habitats are a few of the problems which face Weld citizens. Natural resources are both limited and interdependent. The misuse, degradation, or destruction of any natural resource alters the usefulness and availability of others. In order to meet the goals and policies of environmental quality officials of the County must take an active part in conserving and preserving natural resources and the environment (WCCP, pg. 71) . Conserving and preserving prime agricultural land, such as the subject property, would be an important step. CONCLUSIONS The goals and policies of the Urban Growth Boundary Section of the Comprehensive Plan encourage commercial, industrial, and residential uses to locate in existing municipalities or in urban growth boundary areas where municipalities have planned for orderly expansion through annexation. Weld County shall encourage a compact form of urban development by directing residential growth to . . . those areas where urban services are already available before committing alternate areas to residential use. It also helps to avoid disruption of areas where agriculture is the predominant land use and happens to provide a significant open space benefit (WCCP, pg. 83) . It is important that Weld County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial, and industrial uses. The balancing process should result in goals and policies that provide the greatest long-term benefit to the greatest number of present and future citizens of Weld County. Individuals who find 5 940042 themselves with land designated and zoned in a manner that does not accommodate their intended use should consider seeking other more suitable lands; such a transition will be to the long-term benefit of both the individual and the public (WCCP, pg. 24) . Motion seconded by Juliette Kroekel VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Juliette Kroekel Tom Rulon Bud Clemons Ron Sommer Marie Koolstra Richard Kimmel The Vice-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, Becky Schoenfeld, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 16, 1993. Dated the 16th of November, 1993. (-EY) %6J'ai9 Becky Schoenfeld Secretary 6 940042 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: William and Charles Jerke Case Number: Z-484 Submitted or Prepared Prior to Hearing At Hearing 1. Application 15 pages X 2. 1 Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. 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. Notice of public hearing published in the Windsor Beacon X 12. Fax from Jeffrey Hynes indicating mineral deposits under the site is not now a commercial mineral site X 13. Planning Commission member field check X 14. Town of La Salle referral response dated October 27 , 1993 X 15. Union Ditch referral response dated October 25, 1993 X 16. Weld County Health Department referral response dated October 27 , 1993 X 17. City of Evans referral response dated October 20, 1993 X 18. City of Greeley referral response dated October 15, 1993 X 19. Weld County Engineering Department referral response dated October 15, 1993 X 20. Town of Garden City referral response dated November 4, 1993 X fxh)h;/ A 940042 INVENTORY OF ITEMS, Z-484 William and Charles Jerke Page 2 21. Letter from Surrounding Property Owners objecting to proposed rezone received by Department of Planning November 15, 1993 X 22. Letter from Surrounding Property Owners objecting to proposed rezone dated November 9, 1993 X 23. Letter from Surrounding Property Owners objecting to proposed rezone dated November 2, 1993 X 24. Planning Commission Resolution X 25. Summary of Planning Commission Minutes X 26. Letter received confirming fax from Jeffrey Hynes X I hereby certify that the 26 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 November 19, 1993. I /Y V J Current anner , STATE OF COLORADO ) ) COUNTY OF WELD ) I�I� iir- " U;aC� �$ED AND SWORN TO BEFORE ME THIS 'q ��day of \ 193_3 CG k‘ iatcY1 }. in'• aittAairt • . NOTAR PUBLIC it.''•......•--0547 et",,My Commission Expires 1 940042 EXHIBIT INVENTORY CONTROL SHEET Case 2-4241 - (/// ////;infi(2`74rl9s�rl�2. Exhibit Submitted By Exhibit Description /IA A. /:12M4/rrq %---541.1/74 Jflaen-tny Ci)4/14S, /01 B. f9L917i'1/fit, in/44/firt /l 41,24// 72 1�2arniln Q .(Un-- ((Zvic. /2/arin7t q ( nn it4in /7_/4 G A _3 D. lA/-Gatti. se-d'lzd"1.-1 C/.u2.-he_ Wet."ear -1_- a�u� /g4, E. (Witt to rhe. C.L-, 1zLnt p L l /Q 1.�L5/JON oa�y/OJv� 4117 F. f��annc u 4;L77 6X• A-14 eCet. (-t)/-4 (�9nm - (y') /%9G. P,�8/h/h) Lka Witt .P.vw.G hf.ttrn mblut ng, Cfl tmuame t- 1419,p. q"Cl AXIL a 4-nitaul_, A.ettkt_, emit_ i-Vo213. Vi n - �c' J. )9A.92* icat, K. i1. t ii„c;i_4 L. H. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 940042 Conditions of Approval Z-484 William and Charles Jerke 1. Prior to recording the plat: A. The applicant shall address concerns of the Town of La Salle regarding non-compliance with their Comprehensive Plan. B. The applicant shall submit a executed agreement with the Union Ditch Company, which specifies an agreed upon treatment of the Ditch. 2. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. Prior to recording, the following notes shall be placed on the change of zone plat: A. Water service shall be provided by Central Weld Water District in quantities adequate for the proposed uses and fire protection. B. Sewage disposal shall be provided by individual sewage disposal systems. C. The maximum number of lots associated with this change of zone shall be 6, in accordance with the application materials. 940042 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY �y.oc.cozo Division of Minerals and Geology r, x R Department of Natural Resources • .��. 1313 Sherman Street, Rm. 715 *1876 Denver,Colorado 80203 Phone(303)866-2611 Roy Romer FAX(303)866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist November 10, 1993 and Director Mr. Greg Thompson Weld County Current Planner 1400 N 17th Greeley, CO 80631 Dear Mr. Thompson: Re: Resource Potential - Jerke Bros. Parcel, Case # Z-484 We have reviewed the resource potential on the above referenced site and have determined that: 1. The property is underlain by primarily sands with very minor amounts of gravel. 2. Such a deposit is not now of commercial value. 3. Obscuring future access to this deposit as a result of rezoning and residential development should have no significant impact on the availability or cost of similar aggregate materials in the foreseeable future. I you have further needs in this regard, please contact us at your discretion Yours very truly, ,j4/iLe t Jeffrey L. Hynes Senior Engineering Geologist JH:B:\dln cc: Bill Jerke I NOV 1 8 1993 Weld County Planning 910042 o C IVE NOV 08 1993 ill November 2 . 1993 `Meld County Planning Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 RE: Case Number Z-484 As adjoining property owners , we have considerable reservations regarding the change of zoning from A (Agricultural ) to E (Es- tate ) of the property located northwest of the intersection of Weld County Road 50-1/2. There are a number of concerns that we feel must be addressed if the property is to be rezoned. They are as follows : 1 . The increase in traffic on road 50-1/2 due to the increase in population in the area will create severe dust and rutting problems on the road. We suggest that the commission consider requiring the developer to grade and seal the road; this improve- ment to be provided within 6 months following the sale of the third parcel and should meet the specifications of the county engineer for roads of this level of service . 2 . The rezoning and subsequent development could have detrimental effects on the rural character of the area and will reduce the productive agricultural land base of the county. 3 . Division of Union Ditch water shares to multiple owners will create an unmanageable situation for the owners and users who already use the supply ditch where the current owner of the Union Ditch shares gets his supply of water . The creation of a new gate on the Union Ditch to supply the developed land could prevent any problem of this nature . The expense of such a new gate should be the responsibility of the developer . 4 . Provision for the protection of Union Ditch from liti- gation from any seepage that can occur in wet years and could cause damage to houses with basements built too close to the ditch. The ditch also needs to be protected from pollution and other abuse resulting from urbanization of the area. 5 . As the area is serviced by Central Weld Water District , the capacity of the current water delivery system must be increased to adequately sustain the additional users without reduction in the pressure to the current users . 940042 We believe that the rezoning should be at least delayed until our concerns have been resolved. Respectfully, Sandra Dickens 19589 WCR 50-1/2 e �Dickens 19589 WCR 50-1/2 /% yt Mark Karns 19587 WCR 50-1/2 CAAAA, �- Caren Karns 19587 WCR 50-1/2 940042 November 9, 1993 Department of Planning Services Weld County Administration Offices 1400 N. 17th Ave. Greeley, Colorado 80631 To whom it may concern: The proposed zoning change for the property: legal description Part of the SE4 NE4 of Section 32 , T5N, R65W of the 6th P.M. Weld County , Colorado Location: Northwest of the intersection of Weld County Road 41 and Weld County Road 502. owned by William and Bill Jerke should not be allowed. This land is prime agricultural land . With a little mote main- tainance it could be very productive land. Destruction of this landfor purposes other than agricultural should not be allowed . Urbanizing rural agricultural property must be controlled. We moved out of Greeley because of the proximity of the neigh- bors. We do not want the property described above to be tetbtted to allowed houses ko be built on it. We would like on opport- unity to purchAtie this property to be maintained as agricultural and also prevent the encroachment of neighbors. Kenneth D. Crowder tikKe ,e6.6e/141/2-- Nancy J. Crowder 24705 W.C.Rd. 41 La Salle, Colorado 80645 (303) 284-6855 t NOV t 2 1993 11 Weld et my PIon Jeld County Department of Planning Services 1400 N 17TH AVE. Greeley, CO 80631 To: Greg Thompson Case Number Z-484, Rezoning from A (Agricultural) to E (Estate) We the undersigned objest to the rezoning of property for the reasons listed below: 1. Roads are in bad condition, traffic is already to heavey for the dirt roads , we have all the extra traffic when the trains are switching in LaSalle, or the trains are blocking WCR 52 to HWY 85 which would be the main traffic flow for the property in question. 2. At the north east corner of the property, where map shows entrance to property is a oneway bridge. There has been many accidents on the bridge because you cannot see on coming traffic due to it being on a hill , with added traffic there would be a concern for more accidents happening. 3. Farmers in the area have a concern with their ditches, past experience shows they have problems with trash being thrown in ditches when areas have been developed along ditches. 4. ';de feel this would not be in the best interest of the neighborhood or for the farming community. NAME DATE eAva-cy.,4 5 // c72 - n __a,,,�.��/,xsz. /1 - `� NOV 1 S 1993 p,,,,\H , ' C IVE DEPARTMENT OF PLANNING SERVICES II Nov 0 5 1993 : PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Planning 1400 N. 17TH AVENUE Wrh$r,OU EY, COLORADO 80631 Willie COLORADO Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado, The location of the parcel if land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A 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: 7fl.-,-2.-ce <, ('T/mt Agency: (.A.)0l Or C,%4Ac4i (1 try Date: 1 - 9 3 940042 DEPARTMENT OF PLANNING SERVICES Will PHONE(303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. EY OLR O AVENUE GREEL1400 N.17TH AVENU 80631 COLORADO Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please e�,refer ptoo the enclosed l/ette�rr�.y{/� Signed: t�(Yw0.(d0 COVP Agency: lJ�" __ , 1 1410.44-01-12.--C Date: io- (4- j3 340042 mEmORAnDUm Illik Greg Thompson 7o Planning �. r// Date October 15, 1993 COLORADO From Donald Carroll 1-1'1 Subject: William and Charles Jerke Z-484 I have visited the site at WCR 41 and WCR 50.5. I would like to comment on the last page of the application labeled 'Concept Plan' . The applicant is indicating six lots with a straight road and a cul-de-sac to accommodate the lots. The applicant is not showing the tank battery facility which appears in Lot 6, and also does not show the well head that appears to be in the center of the proposed road. How are these going to be dealt with? On WCR 41 at the north end of the property, there is a one-way bridge. The road drops off dramatically to the north. WCR 50.5 leaving WCR 41 is at a diagonal due to the railroad, then straightens to the west. This intersection does not come in at a ninety degree angle. The last two comments are just observations at the site. cc: Commissioner Baxter File Z-484 �\ OCT 1 9 1993 1 "FM"n^nRt y Planning mgreg.pds 940042 tit cri(‘ iiivalf4D ^� )\�� '' --,,IDE FITMENT OF PLANNING SERVICES Pi i ��`-'. PHONE (303)353-3845, EXT. 3540 �y.T WELDNTY ADMINISTRATIVE OFFICES II 140�• ,g (r.ZQ ' 2 � EY, OLORAN.17TH AVENUE \ GREELEY, COLORADO80631 COLORADOt tclee, Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. / Please refer to the enclosed letter. y{_&,..i,"4„;Signed: CY-„„di ✓� ) Agency: epzj a _&,..i,"4„; Date: it) „1 -1,; ,„,„,,, I OCT 1 8 1993 -glom raps y Planning 940042 COMMUNITY DEVELOPMENT p1 City o 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 \ Greeley October 15, 1993 Mr. Greg Thompson Current Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Greg: Case No. Z-484 Change of Zone William and Charles Jerke We have reviewed the request for a change of zone from A (Agricultural) to E (Estate) for William and Charles Jerke and have determined that the site is outside of the City's Long-Range Expected Growth Area. Therefore, we have no comment on this request. As always, we appreciate the referral. Sincerely, Lanell J. Adler Planner II kb otC IVE OCT 1 8 1993 \I Wei14 rate planning I 940042 1% pf to 3\t, apitH411:' DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. XX We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ,lm'tj Agency: 4/Etreint.0 Date: /0'x6"93 0 E C I V E 0CT 2 1 1993 11 Weld County Planning 940042 mEmoRAnDum Vill Greg Thompson Tu Weld County Planning Date October 27, 1993 COLORADO From Jeffrey L. Stoll, Director, Environmental Health f') ) Subject Case Number: Z-484 Name: Jerke, William and Charles PT SE4 NE4 Section 32, Township 05 North, Range 65 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 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. OCT 2 0 1993 I Weld County Planning JLS/planning.js 940042 • aumi4eL---N, t‘itt DEPARTMENT OF PLANNING SERVICES ONE (303)353-3845, EXT. 3540 Q1� ADMINISTRATIVE OFFICES -- .11' 47-53.1 O ORAAVENUEO OCT 2 6 1993 GREELEY, COLORADO 80631 • COLORADO Weld County Planning Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, TSN, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. X We do not have a Comprehensive Plan, but we feel this request 41 (is/is not) compatible with the interests of our-6wn for the following reasons: v X'h- ra A--(/, ate 3. We ave 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. n Signed: 7�,-,2 Cleitaj .Pacer Agency: (Nan, D- Z ( ' Date: & , -S !f /p3 ?Jae 33?—.5,2 940042 Arir„i at V ?W:D I,< DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-'✓345, EXT. 3540 WELD COUNTY ADMINISTRATIVE Oar GES Xlett. I; , '� 1.100 N. 17TH AVENUE GREELE COLORADO SC631 ry_ COLORADO Date: October 12 , 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32 , T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2 . , 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 October 26 , 1993 , so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. X We have reviewed this request and find that it does not does/does not) comply with our Comprehensive Plan for the following reasons. The Town of LaSalle' s Future Land Use map has this area future zoned Heavy Industrial . Residential use would not be a use permitted. Please refer to attached letter also. 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 : have Est and - _:d 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. /, > /,.fti 71 Signed: flZ -(,- ---46i/ Agency: G`7a-1-�. (° �' `--. o Date: /?,--- 0:2, 7— 7_3 • 940042 7co�°Fr Of `°r TZo#c 444, setae �I-,, J_ ll `��GtJ'K�L�W TOWN HALL 4�_�~' �' 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80645 O= LLB" PHONE: 303-284-8931 \oQA1co October 28, 1993 Greg Thompson Current Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 RE: CASE NUMBER: Z-484 Dear Mr. Thompson, After reviewing the above Case Number the Town of LaSalle has checked #1 with comment and would also like to make the following comments. The Town of LaSalle is currently in the process of reviewing and updating the Master Plan. The Future Land Use map will be part of this review/update therefore, if enough change in this or any area is evident changing the current future zone will be considered. In reviewing this specific application the Town of LaSalle would also request that the access to this proposed development be reviewed. It would be the recommendation of the Town of LaSalle that two (2) ingress/egress points be incorporated instead of the single cul-de-sac. If you have any questions please feel free to contact me at 284- 6931. Respectfully, ti _ Kathy Ells, Secretary LaSalle Planning and Zoning Commission LOEC ZVE NOV 0 1 1993 11 Li 'Meld county Planning 3WJti42 FIELD CHECK FILING NUMBER: Z-484 DATE OF INSPECTION: /In (2---49.... APPLICANT'S NAME: William and Charles Jerke D E C CURRENT PLANNER: Greg Thompson 0CT 26795 REQUEST: A Change of Zone from A (Agricultural) to E (Estat>� Weld P gnipg LEGAL DESCRIPTION: Part of the 5E4 NE4 of Section 32, T5N, R65W o t t Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. LAND USE: N i'tdltl /p (,l '/ OA.CP- s ,1mect ��/ fictitkerki't WC -2s+rv�n,�1411 t3,we-,N `A k W l�l�l - Q_WnttX Li - N CDik `fib °el-- ?� l-/- Sd;ll� Ci /� SlG Ova b'D�. Side�ya6 WL' '�S'OL ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: DE see„„s- 4a Mk& N©tAtOva. 1i0c4j -t-8.n,. We-g- -Mil- LtkAP k 6- sew` /01-4e4 4 is A. lam- 4ii-z-wak4er\, _a E&c d w wee_tI ----- ai. L -my—tat—a, t ' ?o`r fricyci_ e.-rrinfutq 41- 1 ,64Atit Acizei-4. 04,-:, 0,52_,--,,, _ _ _, , aN it J 94004' GEOLOCICRL SURVEY Tr' No . Nov .93 10 :51 No .001 P .02 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology � Department of Natural Resources G J"' 1313 Sherman Stied,Rm. 715 Denver,Colorado 80203 ('hone(303)866.2611 FAX(303)866-2461 ar'v rune Ken Salazar Faeavtive Dlrcruv Michael B.Lone Motion Director Vic#i Cowan Slak Gcoiosi.l November 10, 1993 and Director Mr. Greg Thompson Weld County Current Planner 1400 N 17th Greeley, CO 80631 Dear Mr. Thompson: Re: Resource Potential - Jerke Bros. Parcel, Case # Z4-484 We have reviewed the resource potential on the above referenced site and have determined that: 1. The property is underlain by primarily sands with very minor amounts of gravel. 2. Such a deposit is not now of commercial value. 3. Obscuring future access to this deposit as a result of rezoning and residential development should have no significant impact on the availability or cost of similar aggregate materials in the foreseeable future. 1 you have further needs in this regard, please contact us at your discretion Yours very truly, • Jeffrey L. Hynes Senior Engineering Geologist JH:B:\din cc: Bill Jerke • N0V 16 '93 10:56 PAGE.002 94U042 FIELD CHECK FILING NUMBER: Z-484 DATE OF INSPECTION: October 14, 1993 APPLICANT'S NAME: William H. and Charles W. Jerke REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. LAND USE: N Ditch, rural residences, and pasture. E Oil and gas production, cropland, and rural residences. S Railroad tracks, 150-200 head feedlot, cropland, and oil and gas production. W Cropland, pasture, and rural residence. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property is presently in hay, with oil and gas production also on-site. Topography is relatively flat. Weld County Road 50-1/2 is a gravel surfaced road, as is Weld County Road 41. ly-1 fi Greg Thomp on, Cu ent Planner d' 940042 LAND-USE APPLICATION SUMMARY SHEET Date: November 16, 1993 CASE NUMBER: Z-484 NAME: William and Charles Jerke ADDRESS: 23003 Weld County Road 39 La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. SIZE OF PARCEL: 30.78 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Town of LaSalle 2. Union Ditch 3. Weld County Health Department 4. City of Evans 5. City of Greeley 6. Weld County Engineering Department The Department of Planning Services' staff has not received referral responses from: 1. Colorado Oil and Gas Conservation Commission 2. LaSalle Fire Protection District 3. Union Pacific Railroad 4. LaSalle School District 5. Town of Garden City 6. Greeley Soil Conservation District The Department of Planning Services' staff has received one inquiry from surrounding property owners. 940042 NOTICE Smokes, 14A7li. f71h Avepte, AFFIDAVIT OF PUBLICATION Greeley, Co Mid Weld 31, be Career v data". STATE OF COLORADO *tannin vm ss Salamishon Wag anted a d park hear tic hear COUNTY OF WELD iarssmbar 16, "1 -1xiNflada98, at,►ia0 I, KEITH HANSEN, of said County of Weld, being duly ha for the Ina OOhples of :- sworn,say that I am publisher of ei considering * application Win Change of Zone ler awtlabie for pitWINDSOR BEACON to - prohatly inrpeotion. Ira' Meeribed ban. apartment ex. a weekly newspaper having a general circulation in said Approval of the Planning Sete 1M0 N. t>�lR. County and State, published in the town of WINDSOR, newest may IS Aednue, O in said County and State; and that the notice, of which a !Pasted properly Colorado x net pursuant p the annexed is a true copy, has been published in said Phone - 359- , weekly for .[__ successive weeks, that the notice ColoradoEldsnsion 3540.` was published in the regular and entire issue of every Orr" number of the paper during the period and time of APPLICANT: P P William and Chairs Judy Yam publication, and in the newspaper proper and not in a MS. Chairperson, supplement, and that the first publication of said notice County Plant* was in said paper bearing the date of the LEO A L Olarmission - !/ fi ORSCRIPTIOft Peel /7 it day of (0e t-4-1-en , A.D., 1993 and et are SE4 NSA of Published in.faM rlpdsor Sees the last publication bearing the date of the isetlon 32, TN* October 214 ROW of the Mk le ROW Weld Cs St. day of A.D., 19_ and PALab Oderado that the said WINDSOR BEACON has been published continuously and uninterruptedly for the period of 5 TWE ARO consecutive weeks, in said County and State, prior to the INTENSITY OP date of first publication of said notice, and the same is a PROPOSED UNEA newspaper within the meaning of an Act to regulate Stange of Zeno printing of legal notices an advertisements, approved f✓adM A(Agricola) May 18, 1931, and all prior cts ar as in force. St(Estate). LOCATION : X // Northwest of Si '. Midsection of Wen P USHER Olt my Road 41 and /:,ti- Weld County Mad Subscn d gn sworn to before me this�L__day OM/2. of CC Cr19 SIZE: 30.78 saes. 9 c ir.a.c PS orless. NOTARY PUBLIC The public FNaArN My commission expires t7 2 i /4 q a' we be held tor aq Wen County Commissione►s'. Mewing Root'Sot Put, Weld Snarly Canlennial Canter, SIR Tenth Street, Seeley, Colorado. Comments er eldeceons.rel le ss above-red et eland be sultsoMed C^ In writing to Oh Wald 0 County Department of Planning NOV 0 1 1993 El - Weld County Planning 94004" itt, l;w- DEPARTMENT OF PLANNING SERVICES Niue PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140UE GREELEY, N. ORA O8 631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, November 16, 1993, at 1:30 p.m. for the purpose of considering a Change of Zone for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: William and Charles Jerke LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Change of Zone from A (Agricultural) to E (Estate) . LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. SIZE: 30.78 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 16, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published,. e (1) t- •yQsttoobeerr 14, 1993. Received by' �/ Date: /7) 7V 3=Y 0042 FfAWESTERN: • \, • • Jv i. i •v i i Tq f v _ r u.[ FA/LW<Y' , •II r ^I •9 1 • r• _I C a, • 32 : 11 S2 • 33.t.. °�°.1i�1//�1((y��\�`7 1 a7�1 �'a .•li 5 S.• •• rII fl 71 :I.'" °. - . .. 1� �f �• °I P . 5. • Woods •1 I • •]\ EATON w • •- • v' 1 •1• T1 1 .Iva• 1 . •1 • :II •1 _ 1 e : „ �I ! oil • _ 5 e,,,.4 , . , H wh,„,, 'L a 1. 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I jI W 1 �' 60 . 4 nfsro v7I , _t I 4( 1_ OO --, I• i 690 1 0 r 9 39 0 vA 1 — ]i/ d 8 0 �� lir..r1 ,.r 2 ct 4i •--\ o/ / O 0 I o � I ' J ❑�4700� ��` Sr-,r\Ik 1 � � i - ' -- 940042 .' p)t s gel: i a +1 Ay TW fi L5 yi�•r, 4 rif ET!. yt: r� n,}k3rT• y.v.. t„ a- Y' i:?hi. x t4,—, x :t* , f ea;, ,„;fit:' X' g,• "' • s t 7 { , t1'4 ir t1,4-'li. .. K �� i.dir. , �i f Pt ;Rt3� yy.__f k C .a 2 • ri'. s Y s ^ r:. 4 a}x .µ1a r d n+ x"A41.4. • - . ',.t, . '., --1t y.:. - T'/ '.. a 'S 'lld b 1'. + .R` F ,J 1—.11 . • .. tti� • A ' �' i ';} ..�* ` +. „~ +x a 4: 4 •, r . } {qr k r• , r "•4XC`" , are d 1 sl k•'v �� ,..-,44.....4*... "- ' ry" N~Y tl�r" —s. . i•W,. J ret ° I ` ? : , 1 d' 5 �. `/� :3„.„,.s.,....,..-, , ./' T$F C i £ { u •" ,k ; '. :t CIS i sr. '* r ‘' # . « yea a t::a 0...e.e. .... I ) ,7:4;‘.., % . ,.........1 -r+ •diFF Y .y� -p. t J "' yw R n S'S7 .(1. ,iiiitinrn I3 S w l• * y ^' r• G• 'vnRT E ++�.S.y.. .+- till t: . I. 1 t 5 '° + " 'V of }, a a A . *t„M } III ��JY 3# a .S t«.; •$ , R' i ''{ i �d4 w Imo' ppl :•.. ` � 940 r t ,,y z i:+ �i i pp #r. i. Af Lt DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: October 12, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-484 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, November 16, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: William and Charles Jerke FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 9440042 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/INTEREST OWNERS William and Charles Jerke Z-484 William H. and Charles W. Jerke 23003 Weld County Road 30 La Salle, CO 80645 Earl D. Mackey 24707 Weld County Road 41 La Salle, CO 80645 Calvin Petroleum Corporation (Leesee) 2950 Security Life Building Denver, CO 80202 Diamon "A" Corporation P.O. Box 1763 Greeley, CO 80631 R. Hal Johnson and Iris E. Johnson 2986 S. York Street Denver, CO 80210 Sandra and Lyle Dickens Mark and Caren Karns 19587 Weld County Road 50-1/2 La Salle, CO 80645 George and Alice Meyer 19759 Weld County Road 50-1/2 La Salle, CO 80645 Donald and Lauren Brant 19795 Weld County Road 50-1/2 La Salle, CO 80645 Theresa Leftwich 19533 Weld County Road 52 La Salle, CO 80645 Kenneth and Nancy Crowder 24705 Weld County Road 41 La Salle, CO 80645 940042 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/INTEREST OWNERS William and Charles Jerke Z-484, Page 2 Lloyd and Judy Burback 19920 Weld County Road 52 La Salle, CO 80645 Harry and Paul Strohauer 19573 Weld County Road 50 La Salle, CO 80645 G.A. Keiser 24360 Weld County Road 41 La Salle, CO 80645 Martha Alles 24819 Weld County Road 43 Greeley, CO 80631 John and Lorraine Alles 24708 Weld County Road 41 La Salle, CO 80645 940042 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-484 for William and Charles Jerke in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 18th day of October, 1993. 940042 DATE: November 16, 1993 CASE NUMBER: Z-484 NAME: William and Charles Jerke ADDRESS: 23003 Weld County Road 39, La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SE4 NE4 of Section 32 T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 41 and Weld County Road 50 1/2. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: This proposal is not consistent with the Weld County Comprehensive Plan's Goals and Policies. This proposal is located in the A (Agricultural) zone district and is evaluated under the Mineral Resource, Agricultural, Open Space, Economic Urban Growth Boundary, and Environmental Quality Goals and Policies. According to Section 21.5.1.1 of the zoning ordinance, the applicant shall demonstrate that the proposal is consistent with the Weld County Comprehensive Plan, or the zoning of the property is faulty, or changing conditions in the area warrant a change of zone. The applicant attempted to indicate the proposal is consistent with the Comprehensive Plan. This particular application is not adjacent to a municipality and constitutes leap-frog development, is located on prime farmland, and eliminates open space. The Mineral Resource, Agricultural, Urban Growth Boundary, Open Space, Economic, and Environmental Goals and Policies of the Weld County Comprehensive Plan overwhelmingly indicate that this change of zone should be denied. The following Sections of the Comprehensive Plan do not support the applicants' proposal: * Mineral Resource Goal #1 * Mineral Resource Goal #2 * Mineral Resource Policy #1 * Agricultural Goal #1 * Agricultural Goal #2 * Agricultural Goal #4 * Agricultural Policy 11 * Urban Growth Boundary Goal #1 * Urban Growth Boundary Policy #1 * Open Space Goal #1 * Economic Goal #2 The way land is presently used is one of the most important considerations in land-use planning. Most existing development remains in the future and has a strong influence on the future pattern of development and land use in the 1 940042 County. Since the land area of the County remains constant, increases in the land area of urban-type uses brings about decreases in farmland and farm production. The percentage of urban-type land use is probably not as significant as the pattern of use (Weld County Comprehensive Plan (WCCP) pg.14) . Higher costs are incurred both initially and ultimately in providing public services to a sprawl pattern such as the proposed development. Scattered development requires the extension of services through vacant areas. Extension of services through vacant areas creates an under-utilization of services, which is a contributing factor to higher service costs (WCCP pg. 16) . MINERAL RESOURCE The applicants have addressed Section 21.5.1.5.2 of the Weld County Zoning Ordinance, which is based on State Statute 34-1-305, by indicating the proposed rezoning falls in an area underlain by "T-3" mineral deposits. These mineral deposits are classified as "stream-terrace deposits" consisting of sands which "range from course gravelly stream sands to fine-grained wind- deposited dune sands" . The aforementioned Section of the Zoning Ordinance states that any proposed rezoning shall not permit the use of any area known to contain a commercial mineral deposit which would interfere with the present or future extraction of the deposit. The first Mineral Resource policy further supports this idea. Placing roads and residences on this property would preclude the removal of the underlying mineral deposits, and therefore the establishment of Estate zoning at this location should not be allowed. The Weld County Comprehensive Plan Mineral Resource goals support the Zoning Ordinance statements by indicating, "conserve lands which provide valuable natural deposits for potential future use" . . . Furthermore, the second Mineral Resource goal states, "promote the reasonable and orderly development of mineral resources" . The applicants have shown there are commercial mineral deposits on the property. This rezoning would preclude the removal of this natural resource. AGRICULTURAL The problem of competition and conflict between urban and rural land use interests exists. As urban areas continue to expand, agricultural resource lands are either directly converted to urban uses or are adversely impacted due to inherent conflicts between rural and urban activities (WCCP, pg. 17) . For example, the Union Ditch has responded to this proposed change of zone by indicating "Maintenance of the ditch is severely restricted along subdivisions and towns. We oppose this plan because it will affect the operation of the Union Ditch. " The comprehensive plan further supports the Union Ditch assertions by stating, " . . .some of the most highly productive agricultural land borders urban population centers. Tension between farming and non- farming uses in rural areas with growing populations is prompted by the additional expense of vandalism to crops, livestock, irrigation ditches, and 2 940042 farm equipment. Other burdens to the farmer have occurred from restrictions on normal farming practices in areas encroached upon by residential, commercial, and industrial uses" (WCCP, pg. 23) . Unlike other industries that are free to relocate, agriculture is rooted to the soil in a specific time and specific place. As a secondary benefit, farmland preservation helps to maintain natural systems and natural processes. These include the preservation of wetlands, small watersheds, aquifer recharge areas, flood plains, and special wildlife habitats. Croplands in agricultural districts also provide natural open-space areas. A principal benefit derived from open space is relief from more intense urban uses conducted in a municipality. Open-space buffers help maintain a sense of rural identity and diversity. These buffers also allow communities to maintain separate identities (WCCP, pg. 22) . Farming is an important element in the Weld County economy (WCCP pg. 20-29) . Weld County Agricultural Goals and Policies have been developed to support and preserve the agricultural industry and farming as a way of life. Agricultural goal #1 states, "Institute policies that will encourage the preservation of the agricultural uses in Weld County" . The means of administering the first agricultural goal is found in Agricultural policy #1, which states, "Agricultural zone districts shall be established and maintained to protect and promote the County' s agricultural industry. The agricultural zone district is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses" . The soil at this location has been identified as prime agricultural land. Allowing residential uses to locate here will remove this resource from production. Agricultural goal #2 states, "Promote the agricultural use of prime agricultural land" . The soil where the proposed change of zone is located, an Altvan loam with 0 to 1% slopes, has been designated as a "Farmland of Statewide Importance" by the United States Department of Agriculture Soil Conservation Service (USDASCS) . This soil is used almost entirely for irrigated crops. This soil is suited to all crops commonly grown in the area, and can produce habitat elements that are highly suitable for open land wildlife. Furthermore, this land is "prime farmland if irrigated with an adequate supply of water, and qualifies as High Potential Dry Cropland" (USDASCS) . Agricultural goal #4 seeks to "encourage residential. . . development to locate adjacent to existing incorporated municipalities" . The proposed change of zone is approximately 1 mile away from the nearest municipality, and therefore, not adjacent and constitutes leap-frog development. URBAN GROWTH BOUNDARY The only portion of the Comprehensive Plan which the applicant addresses in the application is the portion of the urban growth boundary policy which 3 940042 indicates land use development proposals within an urban growth boundary shall be encouraged, so long as they conform to the desires of the municipality as expressed in its comprehensive plan or by its land-use decision-making body. The Town of La Salle indicated that this change of zone proposal does not comply with their Comprehensive Plan because the Towns' "Future Land Use map has this area future zoned Heavy Industrial. Residential use would not be a use permitted" . The urban development goals and policies are designed to plan for anticipated growth by directing urban uses and development to existing cities . . . which can provide the necessary urban services. The urban development section (WCCP, pg. 30-34) addresses the preservation of prime agricultural land by considering its relationship to the entire system of land use and development within the County and the region. These goals and policies reflect a basic commitment to conserving natural and managed resources while directing growth. The most efficient method to plan for and provide required urban services at the lowest cost to the taxpayer is for urban development to occur in the municipalities, thus avoiding duplication of services and discouraging the formation of special districts and other authorities to provide urban services. Quite clearly, the proposed rezoning does not conform to this Section of the Comprehensive Plan. The first urban growth boundary goal is to, "Concentrate urban development in or adjacent to existing municipalities" (WCCP, pg. 33) . This proposal is one mile from any municipality. The first urban growth policy indicates land-use development proposals within an urban growth boundary shall be encouraged . . . if the municipality has agreed to provide services. The Town of La Salle not only won't be providing any services, but has indicated this proposal is not compatible with their adopted Future Land Use map. The physical form of new development created . . . at the urban fringe of municipal areas has a significant impact on the total amount of economic and environmental resources needed to accommodate new urban growth. This concern affects all people of the County, both urban and rural. An urbanization pattern that is created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long term desirability. Since La Salle has indicated this area is slated to develop as Heavy Industrial, the long-term desirability of this proposal is not desirable. OPEN SPACE The adoption of goals and policies which are acceptable to Weld citizens and minimize conflict between areas for open space and urban development is the central theme of the County's open space goals and polices. Open space is any outdoor land or water area. This includes such areas as agricultural lands. . . Open space is desirable because it performs many natural functions and satisfies many human needs. Open space is used for the production of crops and raising of livestock. Open space is used for outdoor recreational activities and other leisure time pursuits which promote the health and welfare of people. Open spaces function as airsheds which reduce the effects of air pollution. Open spaces function as watersheds and storm drainages 4 940042 collecting water for streams and aquifers and absorbing water of intense rainfall or snowmelt. Open space also supports wildlife which in turn provides enjoyment for Weld citizens. With this background in mind, the first open space policy is stated quite simply, "promote agricultural use of prime agricultural land" (WCCP, 83-84) . The proposal before you would eliminate prime agricultural land, and eliminate some open space. ECONOMIC The second Economic Goal indicates, "the County shall provide land-use goals and policies which foster the economic health and continuance of agriculture" (WCCP pg.92) . One way of providing for the continuance of agriculture is to incorporate all elements of the Comprehensive Plan in any decisions which are made regarding a change in land-use. By denying this application, agricultural production can continue in this location. ENVIRONMENTAL QUALITY Each land-use change often has an unanticipated effect on the environment which may produce undesirable results. Erosion, sedimentation, reduced water quality, loss of productive farmland, and reduced fish and wildlife habitats are a few of the problems which face Weld citizens. Natural resources are both limited and interdependent. The misuse, degradation, or destruction of any natural resource alters the usefulness and availability of others. In order to meet the goals and policies of environmental quality officials of the County must take an active part in conserving and preserving natural resources and the environment (WCCP, pg. 71) . Conserving and preserving prime agricultural land, such as the subject property, would be an important step. CONCLUSIONS The goals and policies of the Urban Growth Boundary Section of the Comprehensive Plan encourage commercial, industrial, and residential uses to locate in existing municipalities or in urban growth boundary areas where municipalities have planned for orderly expansion through annexation. Weld County shall encourage a compact form of urban development by directing residential growth to . . . those areas where urban services are already available before committing alternate areas to residential use. It also helps to avoid disruption of areas where agriculture is the predominant land use and happens to provide a significant open space benefit (WCCP, pg. 83) . It is important that Weld County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial, and industrial uses. The balancing process should result in goals and policies that provide the greatest long-term benefit to the greatest number of present and future citizens of Weld County. Individuals who find themselves with land designated and zoned in a manner that does not accommodate their intended use should consider seeking other more suitable lands; such a transition will be to the long-term benefit of both the individual and the public (WCCP, pg. 24) . 5 910042 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 C• WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 12, 1993 William H. and Charles W. Jerke 23003 Weld County Road 39 LaSalle, CO 80645 Subject: Z-484 - Request for a Change of Zone from A (Agricultural) to E (Estate) on a parcel of land described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Sirs: 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 November 16, 1993, 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 Cities of Greeley, and Evans and the Towns of Garden City and LaSalle Planning Commissions for their review and comments. Please call the Greeley Planning Department at 350-9780; Janice Walter, in Garden City, at 352-0041; Ken Hammer, in Evans, at 339-5344, and Kathy Ells, in LaSalle, at 284-6931, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Greeley, Garden City, Evans, and La Salle 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 November 3, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than November 5, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. ' 9�.AQ)42 William and Charles Jerke, Z-484 October 12, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Res ectfulllly Greg Thompson Current Planner GT/sfr 940042 DEPARTMENT OF PLANNING SERVICES Ile PHONE(303)353.3845, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES 140 N ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO Date: October 12, 1993 CASE NUMBER: Z-484 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Charles Jerke for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SE4 NE4 of Section 32, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northwest of the intersection of Weld County Road 41 and Weld County Road 50-1/2. 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 October 26, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 340042 REFERRAL LIST NAME: William and Charles Jerke CASE NUMBER: Z-484 REFERRALS SENT: October 12, 1993 REFERRALS TO BE RECEIVED BY: October 26, 1993 COUNTY TOWNS and CITIES Attorney _Ault . --R--Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office _Dacono Sheriff's Office _Eaton ,,_X__Engineering Erie Housing Authority — -X Evans _ _Airport Authority _Firestone Building Inspection _Fort Lupton Frederick STATE -X Garden City _Division of Water Resources Gilcrest Geological Survey — X Greeley _ _Department of Health _Grover _Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission Kersey X La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _ _ Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken Brighton F-3 _ _ New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 Pierce Hudson F-7 _ _ Platteville Johnstown F-8 _ _ Severance X La Salle F-9 _Thornton Mountain View F-10 _Windsor _ Milliken F-11 _ Nunn F-12 COUNTIES _ Pawnee F-22 _Adams _ _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins _ Tri-Area Planning Commission X Greeley _ — X Union Ditch _Longmont X Union Pacific Railroad West Adams X La Salle School District COMMISSION/BOARD MEMBER X Judy Yamaguchi 910042 REZONING APPLICATION tease # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: - - 915 10th Street App. Fee: Receipt /E: Greeley, Colorado 80631 Record. Fee Receipt i': 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 I ��C Colorado: LEGAL DESCRIPTION: See Attached Legal OCT 11993ei Weld County Planning (If additional space is required, attach an additional sheet) Property Address (if available) : N/A PRESENT ZONE Agriculture PROPOSED ZONE TOTAL ACREAGE 30.78± Ac. OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: William H. & Charles W. Jerke Home Telephone II: 284-6061 Address: 23003 WCR 39 Bus. Telephone 41: 866-290'1 LaSalle, CQ 80645 Name: Home Telephone 1/: Address: Bus. Telephone 1 : Name: Home Telephone #: Address: Bus. Telephone i'/: Applicant or Authorized Agent (if different than above) : Name: same as above Home Telephone 1 : Address: Bus. Telephone #: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: See attached mineral rights list Address: Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) —4 p,f Signature: Owner or Authorized Agent rbk9 sworn to before me this day of 0G40, ,- , 19 . SEA• ' a L. ��J . ark ,�,� F`1`'"ou3 NOT PUBLIC 0 `: expires: 7` !J 940042 Inte..ldll Land Surveying .AMu.en Ces.m r r.N.� 1]01 N.pewleM Rw. .R Date: 10-1 -C13 �' . 10051609-0510 "1r : To: Weld Coava4y tPlo.r.v.iv1q 1)4. . Attention: 1?1a,nr.Irp hap(. RE: Zer Ct ton t. G /t Job No: p- tits Remarks : �PIto .c. .t-ilvta..� tvv.AcostCt. 1111 brit" r t�ova. c..due ter Zoo t cu av�, St16rr ,44O.I t yr ot Z4 a:Tit5 ok poakti- 4 NAG...? t a p pt:CCN4r;On 'CIA.. O te10 .00) Chi . # 6514 sl+oJld. ho..mt e.- S,tb%rov\t rtre-Cl.inq t-.eJ-i-te', -c d t _ 1. co✓t kit. GL.!- uucl - oslto ` netk You . Yours Truly, INTERMILL LAND SURVEYING, INC. By: SkrC �itntLl 940042 Intermill Land Surveying -Registered in Colorado&Wyoming 1301 N. Cleveland Ave. Loveland, Colorado 80537 \ (303) 669-0516 PROPERTY DESCRIPTION (Jerke) : That portion of the Southeast Quarter of the Northeast Quarter of Section 32 , Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 32 as bearing South 01 °12 ' 47" West and with all bearings contained herein relative thereto: Beginning at the East Quarter corner of said Section 32 ; thence along the East-West centerline of said Section 32 North 88°48 ' 50" West 626 .02 feet to the TRUE POINT OF BEGINNING; said True Point of Beginning being at the intersection of the East-West centerline of said Section 32 and the Northwesterly right of way line of the Union Pacific Railroad; thence continuing along said East-West centerline North 88°48 ' 50" West 693 .75 feet to the Southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 32; thence leaving said East-West centerline and along the West line of the Southeast Quarter of the Northeast Quarter of said Section 32, North 01 °15 ' 09" East 1065.03 feet, more or less, to the centerline of the Union Ditch; thence leaving said West line of the Southeast Quarter of the Northeast Quarter and along the centerline of said Union Ditch the following sixteen ( 16 ) courses and distances: 1 ) North 69°09 ' 58" East 232 .21 feet; 2 ) North 88°54 ' 40" East 185 .32 feet; 3 ) South 74°03 ' 25" East 111 .42 feet; 4 ) North 70°33 ' 42" East 134 . 31 feet; 5 ) North 87°14 ' 32" East 142 .23 feet; 6 ) South 72°54 ' 14" East 97 . 37 feet; 7 ) South 66°21 ' 07" East 81 .76 feet; 8 ) North 11 °46 ' 38" East 76 .84 feet; 9 ) South 71 °24 ' 27" East 109 . 19 feet; 10 ) South 37°48 ' 58" East 84 . 15 feet; 11 ) South 02°14 ' 13" West 24 .56 feet; 12 ) South 75°36 ' 31 " East 60 .89 feet; 13 ) South 71 °20 ' 27" East 36 . 10 feet; 14 ) South 68°25 ' 57" East 21 .24 feet; 15 ) South 63°02 ' 21 " East 72 .85 feet; 16 ) South 66°12 ' 53" East 25 .94 feet; more or less, to a point on the East line of the Northeast Quarter of said Section 32 ; thence leaving said centerline and along said East line South 01 °12 ' 47" West 778. 38 feet to a point on the Northwesterly right of way line of the Union Pacific Railroad; thence leaving said East line and along said right of way line South 70°56 ' 03" West 667 .38 feet, more or less , to the TRUE POINT OF BEGINNING. Said parcel contains 32 .78 Acres , more or less, and subject to all existing easements and/or 340042 Page 2 rights of way of record. EXCEPTING that certain parcel described as follows: Beginning at the East Quarter corner of said Section 32 ; thence along the East-West centerline of said Section 32 North 88°48 ' 50" West 1117 .07 feet; thence leaving said East-West centerline North 01 °24 ' 22" East 30.00 feet to the TRUE POINT OF BEGINNING; thence North 88°48 ' 50" West 180 .00 feet; thence North 01 °24 ' 22" East 242 .00 feet; thence South 88°48 ' 50" East 360 .00 feet; thence South 01 °24 ' 22" West 242 .00 feet; thence North 88°48 ' 50" West 180 . 00 feet, more or less, to the TRUE POINT OF BEGINNING. Said Parcel contains 2 .00 Acres, more or less. ALSO EXCEPTING the Southerly 20 .00 feet of the above described parcel . Parcel contains 30 .78 Acres, more or less . Parcel also known as Lot B, Recorded Exemption No. 0961 -3-1 - RE 691 , being a part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. 940042 Recorded at o'clock - _ M, on Book — _ Page Reception No. _ _ Recorder • c-�.`Wariartty6Deed. THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property')from the individual(s),corporation(s).partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence:it the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) EARL D. MACKEY • Grantee: (Give name(s)and address(es):statement of address,including available road or street number,is required.) WILLIAM H. JERKE and CHARLES W. JERKE 23003 WCR 39 LaSalle, CO 80645 • form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words in join)tenancy"or words of the same meaning are added in the space below.) Tenants in common Property Description: (Include county and slate.) Lot B, Recorded Exemption No. 0961-3-1-RE691, being a part of the SE1/4NE1/4 of Section 32, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, as per map recorded August 22, 1984 in Book 1040 as Reception No. 1978642; and all that part of the SE1/4NEI lying Southeast of said Lot B. together with an irrigation well with Registration No.• 015095R, and Adjudication No. IIK1563 located on the above described premises. • 30. P 4. Property Address: Consideration: (The statement of a dollar amount is optional.adequate consideration lor this deed will he presumed unless this conveyance is identified as a gift:in any case this conveyance is absolute,final and unconditional.) ---SEVENTY THOUSAND DOLLARS Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or if the GRANTOR is restricting the GRANTEE'S right in Me property.make appropriate indication.) Grantor reserves all mineral rights presently owned by him. C, n rj Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) 0 9 N C 0 Executed by the Grantor on December 28, , to 84 • Signature Clause for Corporation,Partnership or Association: Signature Clause for Indlvid�/u��yal(s): Name of Grantor: Corporation,Partnership or.Association Earl D. M\\Mackey �[� // Grantor By Grantor Byo (q Attest: • 9 4 j a'9 2 • CTATC nC nn, nn Ann , lT October 4 , 1993 Weld County Department of Planning 1400 17th Avenue Greeley, CO 80631 To Whom It May Concern; Please find hereafter supporting written material for the Rezoning Procedure as outlined in Section 21 .7 et seq. of the Weld County Zoning Ordinance. 21 . 7 .4 . 3 This proposal is well within the Urban Growth Area of the Town of LaSalle per the Weld County Urban Growth Boundary Map. The Weld County Comprehensive Plan states under Urban Growth Boundary Policies that, "land use development proposals within an urban growth boundary shall be encouraged so long as they conform to the desires of the municipality as expressed in its comprehensive plan or by its land-use decision making body" . Under Estate District Zoning, this proposal would be ideal in providing for compatibility between agricultural and residential zoning. 21 .7 .4 .4 See above statement ( 21 .7.4 . 3 ) 21 .7 .4 .5 Per the Weld County Zoning Ordinance, Section 36 . 1 , "the Estate District is intended to provide the present and future residents of Weld County with areas in which to locate and establish residential land uses that are compatible with residential areas" . Our client is intending to create buildable acreage lots to facilitate a rural lifestyle and at the same time maintain a compatibility between rural and urban growth. The primary land use surrounding the proposed Estate rezoning is of two types; agriculture and acreage size low density rural development. We believe that Weld County has already made the determination that low density development is compatible with the agricultural use in this area and that the proposed rezoning is a continuance of already approved like developments in this area. 21 .7 .4 .6 Please see attached water statement letter from Central Weld Water District. The proposed site will utilize on site septic systems installed per Weld County ISDS regulations. Per the Soils Conversation Service this site should be more than adequate to facilitate septic systems. 940042 PAGE 2 21 .7 .4 .7 Per the soil survey of Weld County (Southern part) prepared by the Soil Conservation Service, the proposed site falls within the Altvan loam soil classification. Generally, you will find 0 to 1 percent slopes with this deep well drained soil . Altvan Loam has fair to good potential for urban and recreational development. Septic tank absorption fields function properly with slight limitations. Building site development pertaining to Dwellings with or without basements have moderate limitations. The chief limiting soil feature is the shrink-swell potential of the subsoil . It is possible that engineered foundation, septic, and construction plans will be needed to address this soils limitation, but is impossible to tell until further soil information is obtained. 21 .7 .4 .8 Two County Roads will basically provide access and circulation to and from the proposed site. Weld County Road 41 will front (per client' s schematic plan) the site which will directly provide access to and from the site. Weld County Road 50 'i will assist 41 in the transportation and circulation of the site traffic . Per the Weld County Transportation Plan, both WCR 41 and 50'1 are classified as "County Locals" which would appear to be able to accomodate the minor increase in vehicular traffic created by this proposal. 21 .7 .4 .9 Per the Weld County Sand and Gravel Resource Map, the proposed site appears to be classified as a T3 resource which falls under fine aggregates . 21 . 7 .4 . 10 Per Weld County maps, the proposed site is not located within an overlay District. (Flood, Airport or Geological ) . 910042 aWel CENTRAL WELD COUNTY WATER DISTRICT October 4, 1993 Steve Stencel Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, CO 80537 RE: Water Service to Jerke Property Dear Mr. Stencel: This letter is in response to a request for water service to serve the following property described as follows: SEE ATTACHED LEGAL DESCRITPION: Water service can be made available to the above described property provided all requirements of the District are satisfied, including easements where required for District facilities. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT n W. Zadel General Manager JWZ/caa 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager 9400'12 I.o:, c r InLrmiil Land Surve1Ing -RBg,5ferod ut Ccio ado& Wyoming a 1301 N. Cleveland Ave. Loveland, Colorado 80537 (303) 669-0518 PROPERTY DESCRIPTION (Jerke) : That portion of the Southeast Quarter of the Northeast Quarter of section 32 , Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 32 as bearing South 01 °12 ' 47" West and with all bearings contained herein relative thereto: Beginning at the East Quarter corner of said Section 32 ; thence along the East-West centerline of said Section 32 North 88°48 ' 50" West 626 .02 feet to the TRUE POINT OF BEGINNING; said True Point of Beginning being at the intersection of the East-West centerline of said Section 32 and the Northwesterly right of way line of the Union Pacific Railroad; thence continuing along said East-West centerline North 88°48 ' 50" West 693 .75 feet to the Southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 32 ; thence leaving said East-West centerline and along the West line of the Southeast Quarter of the Northeast Quarter of said Section 32, North 01 °15 ' 09" East 1065 .03 feet, more or less, to the centerline of the Union Ditch; thence leaving said West line of the Southeast Quarter of the Northeast Quarter and along the centerline of said Union Ditch the following sixteen ( 16 ) courses and distances; 1 ) North 69°09 ' 58" East 232 .21 feet; 2 ) North 88°54 ' 40" East 185. 32 feet; 3 ) South 74°03 ' 25" East 111 . 42 feet; 4 ) North 70°33 ' 42" East 134 . 31 feet; 5 ) North 87°14 ' 32" East 142 .23 feet; 6 ) South 72°54 ' 14" East 97 . 37 feet; 7 ) South 66°21 ' 07" East 81 .76 feet; 8 ) North 11 °46' 38" East 76.84 feet; 9 ) South 71 °24 ' 27" East 109 . 19 feet; 10 ) South 37°48 ' 58" East 84 . 15 feet; 11 ) South 02° 14 ' 13" West 24 . 56 feet; 12 ) South 75°36 ' 31 " East 60 .89 feet; 13 ) South 71 °20 ' 27" East 36 . 10 feet; 14 ) South 68°25 ' 57" East 21 . 24 feet; 15 ) South 63°02 ' 21 " East 72 .85 feet; 16 ) South 66°12 ' 53" East 25 .94 feet; more or less, to a point on the East line of the Northeast Quarter of said Section 32; thence leaving said centerline and along said East line South 01 °12 ' 47" West 778 .38 feet to a point on the Northwesterly right of way line of the Union Pacific Railroad; thence leaving said East line and along said right of way line South 70°56 '03" West 667 .38 feet, more or less , to the TRUE POINT OF BEGINNING. Said parcel contains 32 .78 Acres , more or less, and subject to all existing easements and/or 940042 A 93 13:23 INTERM ILL LAND ` ')EYING 669 051E TO: 3033535865 1903 Page 2 rights of way of record. EXCEPTING that certain parcel described as follows: Beginning at the East Quarter corner of said Section 32 ; thence along the East-West centerline of said Section 32 North 88°48 ' 50" West 1117 .07 feet; thence leaving said East-West centerline North 01 °24 ' 22" East 30 .00 feet to the TRUE POINT OF BEGINNING; thence North 88°48 ' 50" West 180 .00 feet; thence North 01 °24 ' 22" East 242 .00 feet; thence South 88°48 ' 50" East 360 .00 feet; thence South 01 °24 ' 22" West 242 .00 feet; thence North 88°48 ' 50" west 180 .00 feet, more or less , to the TRUE POINT OF BEGINNING. Said Parcel contains 2 .00 Acres, more or less. ALSO EXCEPTING the Southerly 20 .00 feet of the above described parcel . Parcel contains 30 .78 Acres, more or less . Parcel also known as Lot B, Recorded Exemption No. 0961 -3-1 - RE 691 , being a part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of. Colorado. 940042 z* �s •CC P. J 'to ItY i. ,d 6d C1 M•t�,d1.101 y,1; .— ' •e J•eeerur •.p.P. C 9[u — .6 n. �I C, J i 1 IC It C Yeo eJ Ji YJ .l CY p •CC`' •aC J r- I t d 4. b ~C N • J Leo •� +a F- +r d .l Y•r c• C O a. . 'S' YQ Y j0 JJ J_ in l Ye; N A ICYP r N .0.4. O E N 9i l f..#. 0 e I '1 -4.4,-,,, J tfl 4 •Y,.� < r ,1 d 0 90—1- _1 4 •sr' —) N -) f 3 •Po%p • Je) -VI ' 10 • •C O .00 ail e•aa.ra.l0a q b 'co e 1. ~� O 8 0 at x I W on S i ' : 3 i •ee ore O T Q SI • r .a r R ; C m , '" } y 3 ! i i d ' « x ! ti — .10'C6o1 ,ao'na a,aa,nJox 3 ••• J ,90:CV 3„60,CI.10 N —� I V s _Q z d a N(•1 in n z a CC SCR J v=i y8ftni n i #41210p/ S o d o w S Z V U aUS zoo v t ` = MW el 4.3 � "o Q I—. Z AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property TQA.e. ( z,Ey`-1 OC tiE'/4 ci- 1c. 3L ' 5 't.05) STATE OF COLORADO ) ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this day of D k-bL. r , 19 WITNESS my hand and official seal. My Commission Expires: 5 �I L No ary Public i1/41...PUB„fc 30DEE cgDQUS 1CD P r 1�1 940042 ithriEl_QUI.Ld._AILS2Plea6 NIe p LLIilL..LG rint or type G� OF JIM& y� 9 D 3 • ADDRESS, TOWN/CITY, F� NAIL STATE AND ZIP CODIt /kA /,q/,r hi, -I;_R/-C, _70.6 4 CvC/!�c' 'd` L (14. e 1. ./7zvi),/ Pt/we Lrain (a 7 • 1.3rO 6�Cu,e /rr 2/F Zt_ r /V✓t e, (1r5 e 2-0 -- o(7./.41 niaAtf /is) /, X7Q gad /?d , GA-2 --a--4. sue, {6 PO t / I e l A, /97g/I'd r 1 yo 2/ e s r d'/y J A> /Jig L 6 NN,S d/✓ 9E- R / g - a isi ✓r /✓ 8'd S yIm x z :17. NY .Eff, (ota gD.2/Q 940042 AFFIDAVIT OF INTEREST OWNERS ' SURFACE ESTATE Application No. (( // � Subject Property TeA.e. C 42E- Yui et( !•a /Ja '(4 ob 'lei:. AsL 5 ' X6) STATE OF COLORADO ) ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The foregoing l instrument was subscribed and sworn to before me this - day of O CI k2e. r— , ll9'- WITNESS my hand and official seal. My Commission Expires: 01 7 q J otary Public �PRy..PUBIi moo. •.� JODEE L. KADOUS c OF Cal_, 940042 NAMES Or t'ROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Sandra & Lyle Dickens 19587 W County Rd 50 1-2 096132000042 Mark & Caren Karns LaSalle , Co 80645 George & Alice Meyer 19759 W County Rd 50 1-2 096132000043 LaSalle, Co 80645 Donald & Lauren Brant 19795 W County Rd 50 1-2 096132000044 LaSalle, Co 80645 Earl Mackey 24707 W County Rd 41 096132000062 LaSalle , Co 80645 Theresa Leftwich 19533 W County Rd 52 096132000051 LaSalle, Co 80645 Kenneth & Nancy Crowder 24705 W County Rd 41 096132000061 LaSalle . Co 80645 Lloyd & Judy Burback 19920 W County Rd 52 096112000050 LaSalle, Co 80645 Harry & Paul Strohauer 19573 W County Rd 50 096132000064 LaSalle_ Co 80645 G A Keiser 24360 W County Rd 41 n46133nnQn10 LaSalle, Co 80645 Martha Alles 24819 W County Rd 43 096133000009 Greeley, Co X30611 John & Lorraine Allen 24708 W County Rd 41 09613300O058 LaSalle, Co 80645 John & Lorraine Alles 24708 W County Rd 41 096133000059 i,asall .. ro 80645 940042 Hello