HomeMy WebLinkAbout961776.tiff retL.H.
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
1 FAX (970) 352-6312
C WELD COUNTY ADMINISTRATIVE OFFICES
O 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
June 11, 1996
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: Z-500
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 6, 1996,
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: Kevin and Dina McCarty (Little Thompson Valley Estates)
CURRENT PLANNER: Shani L. Eastin
FOR: Change of Zone from Agricultural to PUD (Estate and Agricultural)
LEGAL DESCRIPTION: E2 of the SE4 of Section 21,T4N, R68W of the 6th P.M.,Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 7; north of and adjacent to Weld County Road
42. For a more precise location, see legal.
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. For additional information write or telephone
Shani L. Eastin, 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.
961776
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
Kevin and Dina McCarty (Little Thompson Valley Estates)
Z-500
WILBERT KOOLSTRA
2538 E HWY 56
BERTHOUD, CO 80513
RIVERBEND INVESTMENTS, LLC
P O BOX 976
BERTHOUD, CO 80513
DENNIS BRIGHAM
2683 WCR 42
BERTHOUD, CO 80513
LENN C AND CAROLYN S MORAL'
2701 WCR 42
BERTHOUD, CO 80513
DAVID LAMB
1101 N COUNTY ROAD 19
BERTHOUD, CO 80513
SPADCO INC
1795 S MONROE
DENVER, CO 80209
RICHARD HORNUNG
4423 S 313 STREET
AUBURN, WA 98001
CHARLES WILSON
5028 WCR 42
JOHNSTOWN, CO 80534
KEVIN AND DINA MCCARTY
4026 NIOBE COURT
LOVELAND, CO 80538
UNION PACIFIC LAND RESOURCES
801 CHERRY STREET MAIL STAT. 2903
FORT WORTH TX 76102
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-500 for a Change of Zone from Agricultural to PUD (Estate and Agricultural) in the United States Mail,
postage prepaid First Class by letter as addressed on the attached list this 11th day of June 1996.
Jill Boshinski O0 -vJ
Secretary
961776
Planned Unit Development District Change of Zone
Little Thompson Valley Estates,May 1996
Names of owners of property within 500 feet
Name Address Stare and Zip Code Assessor's Parcel W.#
Koolstra,Wilbert and 2538 E. Highway 56 Berthoud,CO 80513 106121000022
Phawnreice Marie
Riverbend Investments,LLC P.O. Box 976 Berthoud,CO 80513 10612100017
Brigham, Dennis H. 2683 WCR 42 Berthoud, CO 80513 10612100018
Morali,Glenn C.and 2701 WCR 42 Berthoud,CO 80513 10612100012
Carolyn S.
Lamb,David P. 1101 N.County Road 19 Berthoud,CO 80513 10612200015
Spadco,Inc. 1/JS South Monroe Denver,CO 80209 10612200010
Hornung,Richard J. 4423 South 313 St. Auburn,WA 98001 10612800005
and Irene
Wilson,Charles,etal 5028 WCR 42 Johnstown,CO 80534 10612700009
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
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.
nature
The foregoing instrument was subscribed and sworn to before me thin daylt-4� 19 (0_
WITNESS my hand and official seal. -
STATE OF COLORADO ) � p,.`1
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COUNTY OF WELD .
te':• LAURA K. n
JOHNSON
SEAL • i i s"
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Notary Public
My Commission Expires:5_ f 3-Cj 1
961776
Planned Unit Development District Change of Zone
List of Mineral Owners and Lessees
Kevin and Dina McCarty (Surface Owners)
4026 Niobe Ct.
Loveland, CO 80538
Union Pacific Land Resources
801 Cherry Street Mail Station 2903
Ft Worth, TX 76102
No current leases
PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
•
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.
Signatur
rid
- The foregoing instrument was subscribed and swom to before me this 2.EL day of t-ty-ku, , 199k2
WITNESS my hand and official seal.
STATE OF COLORADO ) Q� .-P Ue-,
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COUNTY OF WELD ) Of ,8
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Notary Public
My Commission Expires: ,5-I3-c/7
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961776
I am against the Little Thompson Estates Development for the following reasons:
According to the Comprehensive Planning Guide for Weld County, one of the main goals
is to protect ag land from urban encroachment by discouraging residential development which is
not adjacent to existing incorporated areas.
The proposed area is not adjacent to any residential developments as it is located in a
sparsly populated agricultual area. There is only one house within a mile up the road to the
North, my house is the closet; 1/3 of a mile to the West , there are not houses within 2 miles to
the South, and no houses to the East. Considering the location, this does not seem to be a likely
spot for deveopment.
According to the Comprehensive Guide, another goal of Weld County is to consider the
current usage of the land when planning new development, and to ensure compatibility and
harmony regarding general land use. How is our land used? We are an agricultural area. The
proposed development is strictly residential. Is this harmonious? For many out here, this is not
just a lifestyle choice, but a livelihood choice. Will an urban development be at harmony with our
animal smells, animal noises farming equipment running at early morning and late evening hours,
pesticides from crop dusters, dust from dirt roads and a nearby 70 dog kennel?
The proposed area does not seem like a well planned development according to the
Comprehensive Planning Guide , but how would a prospective home buyer view the area? If
location is everything when purchasing a home, then I would be hesitant. The property is located
across the street from a natural gas pump station that runs 24 hours a day, and directly across the
street to the East is a very large, heavily used, sacntioned motorcross dirt track. As you can
imagine, this track creates a lot of dust, and noise.
I hope you will reconsider the goals set forth in the Comprehensive Planning Guide in regards to
this proposed development. It is not the growth that I am against, but the planning for it at this
location.
C9juirLib_.C /1/2"e°6114
Thank You
Glenn C. Morali
2701 WCR 42
Berthoud, CO 80513
Weld County Planning Dept.
AUG 1 9 1996
EDEIVED
961776
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Wilbert and Marie Koolstra
2538 E. Hwy 56
Berthoud, CO 80513
September 17, 1996
Kevin and Dina McCarty
4026 Niobe Ct.
Loveland, CO 80538
RE: Agricultural Access
Dear Kevin and Dina McCarty:
The issue regarding limitations on access has been legally
established for many years. In order that every person using the
roadway would be aware of these limitations on access we have
posted the sign stating that the road is for "agricultural access
only" .
Historically access to this property has been by permission of
previous owners and now from us . Use of our property for access
use was not more than 12 times a year.
The frequency and nature of this use cannot be expanded and any
attempt to do so will result in withdrawal of permission to cross
our property.
In connection with the pending zone change you should be aware that
this access will not be expanded for recreational use on this
parcel . If expanded use is considered you will need to build a
bridge across the river for this purpose.
If you or your attorney have any questions which we have not
addressed please contact us.
Sincerely,
ALL c9'
Wilbert and Marie Koolstra
Weld County Planning Dept.
SEP 2 3 1996
RECEIVED
6
961776
2538 E. Hwy. 56
Berthoud, CO 8051
Sept. 16, 1996
Board of County Commissioners
915 10th St.
Greeley, CO 80631
RE: Little Thompson Valley Estates, Case Number Z=5O01'
Dear Commissioners:
We are the owners of an irrigated farm directly to the north
adjoining the property asking for a zone change. This property is
dryland and is on a steep hill protruding above the valley, sloping
toward the Little Thompson River to the north.
A tree belt for noise and dust abatement is a major feature of the
subdivision. The capabilities of the plan to be implemented and
produce the tree belt haven' t been researched by an agency that can
tell if the needed resources are adequatly available that could
establish and maintain this tree planting.
The houses are platted in the SE corner of the property which is in
excess of a 6% grade. The soil type is 17 Colby Loam which has a
limited capacity to carry a load. The surface run off is rapid and
the erosion hazard is high. There is also some 79- Weld Loam which
has the shrink swell potential as it wets and dries, also the
limited capacity of this soil to support a load seems to suggest
some need for engineered foundations.
After researching the water situation on this property it is
apparent that the addition of 10 acre feed is not a substantial
change. Jim Hall of The Water Resources Division 1, explained to
us that this water right would be available for a short window in
the spring and not every year. After this time all water that
would flow into McCarty Pond would have to be released, storm water
drainage, so the pond can never have more then 10 acre feet from
the one time fill . If there are 5 acre feet left from the fill and
we get some run off from a storm then they have to release all but
5 acre feet. The estimated need of water for 75 acres of ground
would be approximately 75 acre feet based on consumptive use of the
crops planned for this area.
Xeriscape was explored with Brent Mechan, Colorado Water
Conservancy District. Xeriscape would need water for the first 2-3
years to establish a root system that can sustain the plant. The
growth rate of the trees or shrubs is directly related to the
availability of water. Little or no water will result in a slow
growth which will take longer to establish a screen to buffer the
noise from the motorcross track. The use of domestic water for the
purpose of developing the tree buffer will be expensive and if
prospective lot buyers will be expected to pay for this there needs
to be an estimate on the expected water bill per quarter. Dr.
nn 961776
ht- bit LB (C: it) f cc-
expected water bill per quarter. Dr. Ells, C.S .U. Horticulture
Department, could be of help in developing usage. To establish
small trees during the growing season 30 gal . of water per week per
tree with an increase of 3 gal . per year until they reach 60 years
and then they require 200 gal . per day levels out. This moisture
has to be available to the root system. Remember this is a steep
dry hill side.
In order for there to be credibility to the vegetation plan there
needs to be a soil conservation plan done on this property. Those
of us farming the land assume that to be the first step to taking
care of the land is to know the capability of our farms and the
types of vegetation that will keep erosion to a minimum.
We don' t feel this proposal is consistant with the Comprhensive
Plan for Weld County, A. Goal 3: Discourages development which is
not located adjacent to existing incorporated municipalities. As
stated in Policy 3, the policy is intended to promote conversion of
agricultural land in an orderly manner and to minimize the
incompatiblities that occur between land uses in agriculture
districts and urban type use. Since these five lots will not be
allowed agricultural uses, (no animals, or pasture) we wonder about
the tolerance these residence will have for agriculture uses that
are being practiced in the area.
A. Goal 7: The county would protect ag land from encroachment by
those urban uses which hinder operation efficiency and productivity
of ag use. Anytime urban use is introduced into an ag area there
is a very real possibility of conflict over farming procedures,
spreading of manure, aerial spraying, noises associated with
farming and harvesting, dust, weed control, animal confinement
facilities, et cetera, especially if these residents are not
involved in farming themselves.
PUD Policy 1 . 2 indicates that there needs to be some consideration
given to the Ag section along with PUD development goals and
policies.
The current situation with the Town of Berthoud and the Town of
Johnstown negotiating over the annexation of a farm in the MUD
along I-25 1/2 mile from this property, and Berthoud' s proposed
annexation along Colorado State Highway 56 all the way out to 1-25
it would only seem prudent to develop a comprehensive plan for this
area before any type of development is started. The addition of
these 6 proposed houses on this 80 acres will double the houses in
the east half of section 21 . There presently is on 1 house in
section 22 . The Little Thompson River should also be considered in
the development of a comprehensive plan for this area, water ways
are limited natural resources in the county.
The high visibility of this proposed development from highway 56
for 2 miles away from WCR 7 due to the elevation of this property
makes it have an even greater impact on this whole area.
961776
The compatibiltiy with existing land use in the area isn' t very
good. We have a sanctioned motorcross race track to the east, a 70
dog boarding kennel to the West, farming and livestock feeding to
the north, and low density housing in the area. The addition to
that the fact that this is Leap Frog Development,and the unknown
for the MUD area at the Berthoud Exit gives this proposal the
potential to have an unwanted direction after the comprehensive
plan for the area has been studied.
The Commissioners consideration of the land use in this area both
now and in the near future is appreciated.
Sincerely,
Wilbert and Marie Koolstra
w
961776
Wilbert and Marie Koolstra
2538 E. Hwy 56
Berthoud, CO 80513
September 15, 1996
Board of County Commissioners
915 10th St.
Greeley, CO 80631
RE: Little Thompson Estes, Case No. Z-500
Dear Commissioners:
In Connection with the pending zone change you should be aware that
the access to the north end of this property will not be expanded
from an agricultural access.
The issue regarding limitations on access has been legally
established for many years. In order that every person using the
roadway would be aware of these limitations on access we have
posted a sign stating that the road is for "agricultural access
only" . The posting took place several years ago.
The present owners are aware of this.
Sincerely,
Ltt_91,J., )r\Cki\- ,H gbAK13
Wilbert and Marie Koolstra
to ; PZ-;/74) sec. 961'776
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