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Home My WebLink About952234.tiffJuly 1, 1995 17570 Argie St. Brighton, Colo., 80o01 WRD COUNTY PLANNING p JUL 51995 MUNC IL) Dear Ms. Dunn and Planning Services Board Members, We are writing to ask you to vote no on the request to rezone from Agricultural to Estate, the land owned by John and James Martin. The land is located N of and adjacent to \VCR 10 and about t#2 mite W of W CR 37. I know that they will continue to petition you for I understand their desire to make moneys oiTthe land. However, we would like to see you shut the project down permanently. Colorado and Weld county in particular, is in a boom and denial id for water has reach a critical stage. Filly -two more households is a lot more households. Mr. Martin claims that the land is not suitable for agricultural purposes- However, for years the Martin family farmed this land. In fact, this area is covered with irrigated farms and even cattle roam that land. Could not the fact that Speer Canal borders this property make it prime agricultural land ? We think it could, especially as more farms and open spaces turn into residential subdivisions. Weld County has historically been an agricultural area. Please leave it that way. We have heard that the Martins plan on drilling numerous wells to serve the proposed subdivision. So, will there be a large water tower ? We're sure they'll tell that future association that it'll be theirs but who amongst them will really be equipped to take care of it? How much could that cost? Our small association has trouble enough just trying to handle the roads, never mind a complete water system. My in-laws own some mountain property in an association that has to maintain a water system and it's a nightmare. The water has to meet certain standards and that requires hiring lmowledgeable licensed people. We don't Mow if you know this, but the water coming out of the Foxhill aquifer in this area is very high in sodium and chlorides. Our lab report wants people with high blood pressure or pregnant not to drink the water! We also have a problem growing plants because of the salt in the water. The salt accumulates in the soil and stunts or kills the plants. Are the Martins going to mention this to potential residents? df we understand correctly. sodium in not something that is monitored in drinking waster. these homeowners will be as surprised as we were. Then there's all the grayish stuf('? ??) that keeps showing up in our water. If we had }mown about the water quality before we bought our land, we wouldn't be living here now. When Martin starts putting in roads and bulldozers disrupt the ground for 52 more homes, the. future residents will have no idea that they'll have difficulty replanting around their sites. Then when the winds blow, and blow they do around here. the top soil blows off and this leads to erosion problems. We have been fortunate this year with all the rain, so some homes have been able to start more than weeds because we haven't had to use our water. I-Iowever. this is an atypical year and dry land pasture takes about 4 years to establish. Then there's the roads. The county doesn't want to maintain them so they'll be association roads like ours. That association will at least get set up for we understand you'll demand that it does. Mr. Martin said that he would help set up ours but never has. \1r. Martin has a road grader that he has d unmated over our heads saying that he would give it to us once he gets these other roads M. Probably thinks we'll not oppose this development if he gives us the grader. Now it'll probably have to be shared between the two associations. That should be interesting ! Mr. !Martin will tell the people that the)''ll have to pay money into the association to maintain the roads but then he'll only collect from a few of them. That's what happened here. Ten out or the twenty-three lois paid 5300.00 and now some of the remaining lots don't want to pay or be part of the association either. We've been left to sort out the mess. The toxic sludge that he dumped on the roads before we bought out here is still here. When the county asked Childs Development what they plan on doing about that, Mr. Childs says they aren't going to do anything. That it's not his problem Hull We see on the plans that they plan on using Clara Lee St.. a street in our subdivision, to access 7 lots on the east side of the ditch. Without most of our knowledge, it appears that the Martins have acquired an easement on lot 9. Are these additional lots to he part of our association or do they get to use our roads for free ? Doesn't this association get a chance to vote on whether we want these additional lots in our association ? It's one thing for the Martins to have access to their property for their personal use but it's another if they plan to sell the land off. Mr. Martin probably says they're to help financially to maintain the roads but we've heard this story before. Personally. we think it sneaky that he would approach the owner of lot 9 for easement rights and let the rest of us find out about this new road when we viewed the proposed plans. Can he legally use one private subdivision's roads to get to another subdivision ? Does he have to take over the maintenance of our toads if he does ? The plan also shows that the road is on lots is and 9, yet he's never contacted Kathy Martin_ owner of lot 8. So. where does it go ? The Martins only want to build one bridge across the ditch to get into the main part of their development. We see that the plans call for him to continue WCR 35 to the south with a road coming off of it to the east. This road stops just short of the ditch. Why doesn't he go over the ditch there to access his 7 lots and then he doesn't need to use Clara Lee nor WCR 10 However, the long and short of it is, we're opposed to this development not only because of the water issues, the mess he's left with this association and broken promises but also because of the pressure it'll place on the Ft. Lupton school system. This development will probably bring 70/80 students into a system that is full already. Future growth plans are only in the formative stages. We live only 15 minutes maximum from town. Already, our children sit 3 to a seat and are on the bus 55 minutes for one of them and 70 - 80 minutes for the other because there isn't money for additional buses. It's terrible that kids in elementary school have to get up at 5:50 am to get to a school that starts a 8:10 am. So, what happens next year when there are even more students We understand that the Martins have requested estate zoning . We also understand that this allows for larger number of homes with fewer restrictions. Usually, when a fairly large development is built these days, open space is in the plan. Mr. Martin has left open space too a whole 25 feet along the Speer Canal. In almost 200 hundred acres, is this all that they could afford? Anyhow, part of that 'open space' had to be left because the ditch company owns that easement and they had no choice. We think this is another example of wanting the most and giving back the least. Do you know that the endangered Bald Eagles use that land for hunting ? We saw 4 of them there not long ago. We've also seen burrowing owls and. all kinds of different hawks out there too. Has the Colorado Division of Wildlife had any input in this discussion'' If those houses go in what happens to the animals that now depend on this area to survive? We understand that the developer is the same one who developed this association t l hildsl. We tound them unreliable and not trustworthy. When we bought our land it took almost three months to close because Childs and Company wouldn't pat in the road to get to our land. The bank wouldn't lend us money on property without access, cot. Then, we were threatened that if we wouldn't close, even though the road still wasn't in, our deal wo;iid be dull and void. Finally, our agent went to Mr. Martin personally and the road was put in . It took a whole three hours. Our agent called and called Childs and Company to find out when closing was and the calls were never returned. In the end. the title company from Greeley told us. k don't think you'll find anyone out here who has a good thing to say about that company. Even some people in the older development to the south of us say that they were mislead by our developer for they were told that the roads in here were to be paved with curbs and gutters. We'd like to thank you for hearing us out for we know this letter has been lengthy. however. we are very concerned about this development and ail its pitfalls. Once approval is given, there will be no turning back. We urge you to turn this project down. Sincerely_ /446<lainL? 952234 Fri a/ •3 U 'flans. L \ LA -v1. F ri 3 l.. �c.VA A1K. J r.0ra,.c.1 ACCt57 \ \ J 4n/we w t- io:'r�" ) wV«a �0 J Y C ._z erro),•--` �� _ ,rs��., S. in=. v u•an/ '----A- :),. 4L_ CA -4-4 s ('C cI ) \ L 4o <k1,,,trw�...wA` ) L c,� , <-, G-}X^` \a3eS o-"'.1/o: r„,,,,,L, 1.,..‘,,,..a N hJY� Sh v -FL 1 .....11 . -k E v--iL ✓:..'1 ;c. 1 5t er, 11;S V-27.- 5so7 Michael and Ellen Yanker 17803 Clara Lee Brighton CO 80601 June 3. 199 Gloria Dunn Weld County Building and Planning Dept. 1400 N. 17th Avenue Greeley. CO 80631 Ms. Dunn, Recently in wife and I have learned that John Martin of Martin Bros. has submitted plans for property he owns west of our orooerty. 'f he property we own was purchased horn Mr. Martin and is in the Martin Bros. PUD amended plat. Our understanding is that Mr. Martin plans to put a road through our development into the one that he is now planning. In short we object to such a proposal. This road, Clara Lee. is owned by the 23 property owners and not Mr. Martin. We also understand that he intends to utilize easements between two properties located at the west end of our development. When we purchased our property the only easements indicated and approved by the county were for utility and drainage. We do not believe that a road to further enhance the pocket book of Mr. Martin and his intentions of further development constitute this type of easement that is clearly indicated on the plat. Even in the event that this road was allowed to be put through there would be an increase in the amount of traffic this road endures. Since buying our property and as part of our original purchase agreements, Mr. Martin has yet to correct and maintain Clara Lee. This includes hazardous materials remediation due to improper oils and waste applied to the road surface. Therefore, no consideration should be given to Mr. Martin's request and it should be emphatically denied! Please keep us informed of this matter and if there is anything else that we can or should do. Thank you for your cooperation and support of our position. Sincerely, Michael Yanke 952234 L� COu;TY June 5, 1995 Gloria Dunn Weld County Planner 915 10th Street Greeley, CO 80631 Dear Ms. Dunn: Al 9: 30 CLERK; I am very concerned over the development of Johnny T. Martin's property west of the Skyview Meadows sub -division where 1 live. My concerns involve the access to the new subdivision, the crowding element of a rural area, the seemingly unethical practices of this land owner/developer. I moved into Skyview Meadows in June 1994. It was still a fairly open agricultural area even though there would be 23 five acre plots developed between WCR 37 and an irrigation ditch. My choice was lot 8 that was at the west end of the Clara Lee cul de sac. There would be no traffic except for the 4 homeowners at that end and there were no artificial obstructions to my view of the mountains on clear days. Now I learn that a sub- division of even smaller sites will be developed west of my home and that several of the sites will be accessed via an elongated Clara Lee. If you refer to the enclosed layout of the Skyview Meadows subdivision, you will notice that Clara Lee is a cul de sac with no notations or right-of-ways to continue the road farther west. Not only will a surprise modification to Clara Lee decrease my privacy and sense of peace but I fear it will bite into my boundaries as shown on the map. Also I have planted 130 seedlings for a windbreak along this northern border that could be in jeopardy if the cul de sac is forced into being a through way. Roads in the subdivision are a concern. Mr. Martin has not provided for well maintained or well -constructed roads. I would say that twice graded in over a year would qualify for poor maintenance. He promised a grader that is being stored in an unknown location. I have heard that previous maintenance included dumping toxic wastes as a road base that has not been corrected to date. Will the Skyview Meadows become more abandoned by Martin when the new subdivision is activated? Mother business practice under suspicion regards the $300 that each site owner was to have paid at time of purchase. This fee was to be held in an account for the subdivision's use. When John Martin was repeatedly pressed for this information, he admitted that only 10 out of 23 have paid this fee. He considers the remaining unpaid fees to be the site owners' problem. 952234 The overcrowding conditions that could result when smaller sites are developed in this area hopefully will not cause septic problems. Will so many leach fields create a health problem for both subdivisions? I have expressed many concerns in this letter. Please note them and my wish that Weld County does not become ruled and ruined by greedy land owners. Thank you for your attention to these problems. Sincerely, kitt‘ fit Kathleen A. Martin 17544 Clara Lee St. Brighton, CO 80601 cc: Chairman Dale Hall Commissioner Barbara Kirkmeyer Commissioner George Baxter Commissioner Bill Webster Commissioner Connie Harbert 952234 M art ih Dui -kola I". U. R. Ck.14s +a COO drPT- 5/ Es vUv ' 40,00c o• Per ---- Lan Alma id Carry 3,k*did d Lotted age Awl's kA, SO9.57'12E 37211' 3721 0 II t,Ile Sec. 12• rift. R.66 W.—' I Confer Sec. 12. TJN R66W, i Wall• i —. 11 1 SIki.7 iris SIoQ.iO ±_ ___1_ I _ • _l to I.: r M :1� 1.to0t +. nEL _ •a 0 1S 3L --�f17•ffia__• _-141 •0700 um.• Noma. t.•••fta 12 tool Acts 589.57'1 —a7377i -- 407.00 10 'y Mat ay.. A.47•2 sir Lint — T r(al1-Rnao --L. .00'232E t•r•22 7 1004 &a T Iww . [l111 In. 12 19 toa M.. ••----4oty4'--��—lf-•07 f1mrn-r— — CLAARA LEE STREET a r m CZ 33833^— Tmr —'a =3777T—= — an. •- r . 1(i °ti i t sass •....fi I t 8 IB La • 15 pq T '' IT 0 0343 Wee I i v I` Nil SG 45'-W 10.00 5 tOO) W.s ARGIE A.wor /STREE-(i 250.00• a - 'SO 310.00• b um. a NB9.58'0S"W—r 0 500.00' o H SOO 2i 2-W 54 JaL- 83'Sfl:l3:7LJ25.2D' T E. 114 C TN, R.. NE. Ca POWT M O z C OO pct mr F — z D n O N V o J W lil a I- 1-,-- p,--it� 9 �r—'a`• ' zl r J �— t�. _ in Z • I. 1 I'7 a IX CC A C f Li 2 ' I�<I 1 t II NU'6445 W 264504 I gtt M 6C 114 1.< ° �2 WELD CO NTY RC#AD NO.[1O f W1nr Q,awr. _»623.4 al0.00• 1 ion J �Ily 1 t I SE C TN, 1 952234 4345 Elizabeth St. Brighton, Colorado 80601 June 5, 1995 Weld Co Dept. of Planning Services 1400 N. 17th Ave. Greeley, Colorado 80631 Attention: Gloria Dunn In regard to Case # Z-494- Martin Brothers -change of zone from Agriculture to Estate, we wish to express our concerns and protest. We purchased property in May of 1993 from Martin Brothers in the Skyview Meadows subdivision that lies directly east of the proposed property. We feel that Martin Brothers were negligent and unethical in the development of Skyview Meadows and still have left many issues unresolved. When we first looked at the property we were given a set of covenants that were to run with the land. Recently, we have discovered that there is another set of covenants that were filed with the County clerk and recorder that are different from the first ones we received. We now assume that the second set of covenants are the "real ones" since they came from the county office. In the covenants regarding the roads, (Elizabeth, Clara Lee, & Argie Sts.) it states that the property owners will own the roads and be responsible for their snowremoval and maintaince and that Martin Brothers will provide a means a maintaince. In meeting with John Martin we were told that a road grader would not be turned over to us until a Homeowners Association/Corp. is established. In July, 1993 when the roads were being installed, Martin Brothers were cited for using a hazardous oil waste on the roads. Only a small portion has been cleaned up to this date and the County attorney has advised us to not incorporate or establish a Homeowners Association until this has been cleaned up and the roads restablished according to county standards. Consequently, the roads are receiving no maintaince and are in poor condition and will be until this matter is resolved. According to the proposed map for Case#Z-494, Clara Lee St. has been designated as being used to access 7 of the lots. Since Clara Lee St. is a private road belonging to Skyview Meadows, we do not feel that we should have to absorb the cost of maintaining the road for the use by other people. We also don't want the added traffic going through. We specificlly selected our homesite because we wanted to be away from noise and traffic. Another reason we are in protest regarding this case is because of the wildlife that is present. We see numerous eagles, hawks, ducks and rabbits daily around this property. Martin Brothers were negligent to all of the prospective property owners of Skyview Meadows in not disclosing to any of us that Weld Co. Waste Disposal was nearby. Even though this matter is in the process of being resolved, we feel this should also be a factor in deciding whether residences should be placed near a waste disposal that has received hazardous waste and contaminated ground water. 952234 1 Martin Brothers were responsible to have the telephone lines installed in Skyview Meadows. We waited 7 months for service because Martin Brothers failed to pay the money that was required up front. Martin Brothers have also collected $ 300 from some of the lot owners and nothing from others for the Homeowners Association road maintaince fund. He has now left it up to us as property owners to figure out who has paid and who hasn't. Martin Brothers have failed to be organized in this and we feel this money should have been collected upon closing of each lot. Martin Brothers still have possesion of these funds. Because Martin Brothers have failed miserably to fulfill their obligations in developing Skyview Meadows and because we are strongly opposed to the use of our private roads by another subdivision, we hereby protest the change of zoning of Case # Z-494. We desire to be kept informed about the decisions that are made concerning this property. Sincerely, n K fe n &-'-')c-f u n Bill & Karen Buxton Dwight & Lana Stoppel 17594 Clara Lee Street Brighton, Colorado 80601 June 5, 1995 Dear Gloria Dunn: This letter is in protest to making Clara Lee St. a through street. We chose lot 7 because it was at the end of a cul-de-sac. We have planned and saved and bought this particular property to retire on knowing it would be quiet and no traffic. We don't understand how anyone can just put a road through someone's property (where there is no easement). How can they build a road with out buying that land (enough land to build a road) from the homeowner? We do not want a road through Clara Lee. We want to be informed of any developments in this matter so we can fight against it with every thing we have. Ve Since ely, Dwight and Lana Stoppel phone (303) 8574704 952234 David B. and Julie L. Ellis 17583 Clara Lee Street Brighton, Colorado 80601 (303) 857-2193 June 5, 1995 Weld County Commissioners Weld County, Colorado Dear County Commissioners: This letter is written to outline our concerns regarding Clara Lee Street. At the current time, Clara Lee Street ends in a cul de sac, within which we reside. We understand that Mr. John Martin intends to extend Clara Lee Street through Lot No. 9 of Martin Bros. Subdivision in order to access adjoining property. Our objections are as follows: 1. When we purchased our property (Lot No. 10) in 1994, we paid a $300.00 fee which was to go towards the formation of a homeowners association. We were told by Mr. Bill Childs, Mr. Martin's real estate agent, that Mr. Martin would be donating a road grader to the Martin Bros. Subdivision property owners (23 lots). The property owners would use such road grader to plow snow and maintain the roads within our subdivision, as the roads are private roads not maintained by Weld County. 2. To date, Mr. Martin has not collected the $300.00 from all property owners, nor has he turned over the road grader, and all lots have now been sold. Where is this money and who is responsible for making sure all property owners have paid into the fund? 3 We have been informed by Mr. Martin that he now intends to develop property adjacent to our subdivision and the road grader is to be shared by all of these new property owners also. This is not what we were told when we purchased our property and we are not interested in having the responsibility of sharing a road grader with several additional property owners. It will be hard enough trying to decide how the road grader will be used and maintained among the 23 Martin Bros. Subdivision property owners. 952234 Weld County Commissioners June 5, 1995 Page 2 4. Further, the three access roads through our subdivision, (Clara Lee Street, Elizabeth Street and Argie Street) have apparently been contaminated with oil which was spread on the road surfaces. This was done under Mr. Martin's direction and to date has not been cleaned up. This is an environmental hazard and is his responsibility to correct! 5. We are now informed just last week, by accident, that Mr. Martin intends to extend Clara Lee Street through Lot No. 9 in order to access adjoining property which he intends to develop into residential lots. Clara Lee Street is a private road, owned by the property owners of Martin Bros. Subdivision. Since we are responsible for the maintenance of Clara Lee Street, we absolutely object to Clara Lee Street becoming an access road for the use of property owners in an adjacent subdiviision. We refuse to have the responsibility and liability for additional traffic on our private road. Such additional traffic will not only deteriorate Clara Lee Street, but will cause additional dust and dirt. We moved specifically into a cul de sac to avoid such traffic and dust and dirt due to our own allergies. We have an eight month old baby who was born 10 weeks premature and already has trouble with his underdeveloped lungs. Such additional dust and dirs will compromise his development! As you can see, Mr. Martin is already way behind schedule in correcting problems with our existing subdivision. Other problems we have encountered include different copies of covenants being given to property owners. Our copy is not the same as our neighbors. There seems to be at least two different versions. We are now unclear as to which one is correct, if any, as they seem to have expired in January of 1995. To our knowledge, none of us were made aware of the problems with Weld County Waste Disposal that is located at W.C.R. #35 and WCR #12, just behind our property, before we made the decision to purchase our respective lots. This waste disposal facility has finally been closed this past May due to several violations, which include environmental hazards and possible well contamination of our drinking water. The closure was due in large part to the protests of several of the property owners within our subdivision. 952234 Weld County Commissioners June 5, 1995 Page 3 We hope the County is not our private road -to access residential developments by Mr for further developments, when exisxing commitments? Sin4erly, llis intending adjoining . Martin. he cannot to allow Mr. Martin to use property for additional How can he obtain approval seem to follow through on 952234 952234 952234 Aet 'AR June 6, 1995 Gary & Diana Gochanour 17963 Clara Lee Street. Brighton, CO 80601 (303) 857-1422 TO: Weld County Commissioners ' D Cam''; iT`r" "! -7 11 II: 57 E"� N� PNWG CLE 6 1995 JUN RE: Meeting being held 6/6/95 regarding Martin Brothers plans for a new sub -division adjacent to ours, located in the NE 1/4 of SE 1/4 12, Township 1, North, Range 66 W, 6th PM. Dear Sirs, My name is Diana Gochanour. I own Lot 15 in the Martin Brothers PUD located off WCR 37 & Clara Lee Street. I understand that the developers of this sub -division (John & James Martin) are now trying to subdivide a parcel of land to the west and north of us. Rumor has it that he plans on using the roads within our sub -division to access these other lots. I am opposed to this plan, along with other lot owners in this sub -division, because we are in the process of trying to figure out how our roads are to be maintained. We were informed at the time we purchased these lots that we had to pay $300.00 into an escrow account, held by John Martin, until all 23 lots were sold and this was to be used for the maintenance of our roads. He informed us at a meeting he called that we now had to form a corporation so he could turn the escrow account over to it and that a Homeowners Association be formed to control the situation. We also found out at this meeting that not all 23 lot owners have paid into this account. He has not revealed the names of the lot owners who haven't paid, but I am one who has paid the $300.00. Am I correct in understanding that in his development plans for this new sub -division that he wants to include 7 more lots as part of the original 23 lots? If this is the case, then what about the new lot owners having to pay $300.00. We are having difficulties getting 23 lot owners together to agree on what needs to be done out here and trying to understand the logistics of an incorporation and a Homeowners Association, and now Mr. Martin wants to add 7 more lot owners to this mess! I'm not quite sure I understand just what rights we have with Mr. Martin on the maintenance of our roads. What we can force him to do and what we can't. I don't think he has told us the whole story. Do we, as lot owners, own the roads within this sub -division, or does Mr. Martin? My understanding of the situation is that Mr. Martin, as the developer, owns the roads. He made a 952234 declaration to the county that the roads within this sub -division shall remain private and that he would arrange for the maintenance of said roads. As I see it, the only arrangements he has made is this so-called escrow accounts -We as lot owners are responsible to pay for the maintenance. Our roads out here are in terrible shape. They need some road base desperately. Mr. Martin has someone come out once in a great while to grade them, but whoever it is, he doesn't know what he's doing. All he does is knock out the big rocks (which is all that's left of our road base because he has skimmed off all the smaller stuff which is now in the ditch) and this only adds to the problem because it leaves holes in the road which only get bigger. He informed us at this meeting earlier that this road grader is ours, but that he plans on using it to build -his roads in this other sub -division. He tells us that he can't turn this grader over to us until we form this corporation. We do not want to form anything out here yet, because we recently found out that the roads might have to be tore up and replaced because Mr. Martin purchased some oil from the Weld County Waste Disposal facility and put on the roads out here. This disposal facility is beingg-shut down by the Weld County F••lealth Department and the E.P.A. because of possible contamination of ground water and soil contamination. If this is found to be true, then Mr. Martin would have to tear up the roads out here and replace them because of possible contamination from the oil he put on them. If he is the legal owner of the roads then he assumes full responsibility, right? If we form a corporation to take ownership and control of these roads now, then this liability passes onto us. What I'm wondering now is, if Mr. Martin can try to make us pay for this removal and replacement under the agreement of this Declaration he supposedly filed? There are alot of unanswered questions that we all have out here regarding Mr. John Martin and the way he runs things. How can he be given permission to sub -divide more land and be responsible for taking care of more people when he hasn't even taken care of us first? Some of the neighbors have seen Bald Eagles and Burrowing Owls over in that area of land while riding their horses. I have seen several large - birds sitting out in my field, but are not sure if they are hawks or young eagles. If Mr. Martin gets approval for this other sub -division, which I understand will be smaller lots then ours, then eventually these animals will go away. There's not a whole lot of open space left in this country. I would like to see as much of it left alone as possible. I've been a city girl all my life, -and after moving out here over a year ago, I can really understand why so many people enjoy and seek a country lifestyle. The peace and quiet is so relaxing. I have seen a tremendous change in my family's life. Country property is hard to come by, I know. We looked a long time. Every place we looked at had at least ten offers on it. We were lucky to find this land and build our own home. I know that alot of people are looking for the 952234 same thing I have found, and that Mr. Martin is driven by money and has the land to provide for this need, but there has to be a point where development has to stop and someone has to say "no more". I don't know what the answer is. If country property wasn't so hard to come by, -then it wouldn't be as precious as it is. The answer is not to build more houses in the country though. If we did, then the country wouldn't be country anymore It would be just as crowded and noisy as the city. I hope that Weld County will look into this situation deeply and consider all the pros and cons of this matter. This is my first letter, ever, written to a commissioner. I'm not sure what affect it will or will not have. Thank you for your time and consideration in this matter. I apologize for the lengthiness of this letter. Sincerely, ;.a/eb/La Diana Gochanour 952234 1 r Gfr>ria bumri d��o�n�""�'� use 03obt(d cal c ►caUt� 50k),1--t6r\ +0 oonnQ4{n9 .3 0.,(QLa .- � n sOldt v 5/�;n, hi1� �t r5-{- kio r -4-k - 5 o roo g. 4)3 et owr 5ubdi6si(in CO 0\.01 bt( C -Cc ce s 11(cu3 bu 3-\ mel cad i c, b r\c 9 e cz rc�55� -l1SL C� ��C9 Gti c1 o— Jcu rroata ra4. I r d42_paJVth dwb dtV15IOfi and more., 0 0.cces5�n ASL grid _Joh n L. s(enr C . Susc\ Pci s} n -- WELD COUNTY PUNNING n JUN 71995 �u[ft UUEIV 952234 US Cattle Brand Since 1875 H. Michael Croissant P.O.Box 987 Brighton, Colorado 80601 Telephone 303/659-5958 B.O.S.S. Compost Inc. 2602 Weld County Road 27 August 31, 1995 Gloria Dunn Current Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Re: Martin Estates Planning Hearing September 7, 1995 Broker William Childs, GRI 5564 W. Rowland Place Littleton, Colorado 80123 Dear Ms. Dunn: Concerning the up -coming Planning and Zoning hearing on the adjacent property to my E1/2 of the NEI/4 of Section 11, township 1 North Range 66 West of the 6th P.M.. As this property owner I do not oppose the development of the Martin project. However the area is zoned as agricultural and that related dedication. We have attached a copy of letter that was directed to Mr. Childs/Martin, that best describes language that we would like to see in resolution form. This would describe to the development and the future owners of property what the activity and expectations are in the area, and that portion of land adjoining my described land. Thank you for allowing us to make this input. Sincerely, H. Michael Croissant cc: encl. SEP 6 952234 anc ZOkN 303 067 3703 P.02 LAW OFFICES EPPERSON • MCCLAAY • ZORN & McCLARY 6EOAOE R. EPPERSON 9001.17.3) DONALD F. M<CLARV EDWARD L. ZORN ANDREW F. M CLARV 30 August 1995 William H. Childs Martin Brothers Partnership 147 South Denver Avenue Port Lupton, CO 80621 Re: Michael Croissant Property Dear Mr. Childs: 517 QNSION ST. • P.O. SOX S07 PORT MORGAN. CO $0701 (970)867.5021 I have received and reviewed your fax transmission of 1995, regarding the proposed Addendum to any Contracts lots of Martin Brothers Estates. I will be presenting ing information to Michael Croissant for his approval however, I want to submit the same to you to make sure properly outlined your position. August 29, of Sale for the follow - or comment, that I have Therefore the proposed agreement will be as follows: 1 The following Addendum will be placed on every Sales Contract regarding sales of lots in Martin Brothers Estates. "The purchasers herein acknowledge that they have been informed of the agricultural use on the surrounding properties to this subdivision, saving and excepting an adjoining residential subdivision. The purchasers further acknowledge that they have physically inspected the premises and the surrounding area and desire to purchase the above described property for residential use purposes with the knowledge that the above surroun- ding premises is used for agricultural purposes, including crop production, animal production, composting and other farm uses which necessarily entail the use of large machinery and the confinement of livestock, which uses may generate dust, noise, odor and attract insects." 2. Each deed conveying a lot from the Martin Brothers Estates Subdivision must contain the following: "Subject to Weld County Zoning Regulations and all uses allowed or permitted in adjoining zoning districts". 952234 NG-30-95 WED ©1;27 PM MCCLARY and ZORN 303 867 3703 P.03 William R. Childs Page Two 30 August 1995 3. Martin Brothers Partnership will not object to the Special Use Permit Application or other necessary application filed by Mr. Croissant on behalf of his business for the establishment and future maintenance of his composting business located in Section 11, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. That Michael Croissant will dedicate for public road purposes the east 30 feet of his premises along said Section 11, which dedication will be subject to acceptance and approval by Weld County, Colorado. It being the intent that if said dedication is not accepted by Weld County, Colorado, then there shall be no requirement to convey or otherwise dedicate the above 30 foot strip. 5. That Martin Brothers Partnership represent unto Michael Croissant and agree that they will assume all responsibility for the construction of the extension of Road 35 along the Croissant property in Section 11 pursuant to the above dedication. It being the intent of the parties that Croissant shall not be responsible for any expenses or costs of the construction of said road and shall not be held accountable to weld County or any other entity for the construction of the same. 6. That Martin Brothers Partnership will apply for and obtain two ingress and egress accesses to said Road 35 as extended along Section 11 for Croissant and shall construct and pay for the costs of construction of said accesses at such points along said road as designated by Croissant. In the event two accesses are not approved by Weld County, Colorado at the sites designated by Croissant, then he shall be released from any and all obligations hereunder with regard to the dedication of said road. 7. That Croissant will not oppose the Subdivision Application of Martin Brot = s Partnership, which application is for the subdivi- sion of an acre parcel into building sites not less than three acres each, he same to be known as Martin Brothers Estates. Should there be any change in design or contents of said applica- tion from its present status as of this date, then in that event Croissant shall have the opportunity to review said changes and exercise such rights as would otherwise be available to him. 952234 AUG-30-93 WED 01:28 PM McCLARY and ZORN 303 867 3703 P.04 William H. Childs Page Three 30 August 1995 g, In the.event the application for the Martin Brothers Estates is granted by the Weld County Commissioners, Martinresolution ohe Partnership shall cause a treference tbe o the factorated nto that t e igpted by Wald County, adjoining subdivision, is all surround- ing area, save and excepting an adj g agricultural zoning with present and future agricultural uses. A certified copy of said resolution must be recorded Colorado. in the records of the Clerk and Recorder of Weld County, C As stated above I will send a copy of this letter to Michael Croissant comment. If all of the above acceptance meet the with same approval, please faxmea written Y•u s very tr ELZ/by Edward L. Zorn 952234 Hello