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HomeMy WebLinkAbout961772.tiff CHANGE OF ZONE APPLICATION For: LITTLE THOMPSON VALLEY ESTATES June 3, 1996 961772 PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 PHONE: 353-6100. Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE DATE RECEIVED RECEIPT NO. APPLICATION CHECKED BY RECORDING FEE RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: E/2. 01 SE/L1 c-- 21- ypJ-(o8°-/ (If additional space is required, attach an additional sheet) _ Property Address (if available): \/y can-f lan c� PRESENT ZONE Prj. PROPOSED ZONE Pu D TOTAL ACREAGE SO OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING: NAME: 41tuI an ad O. na, McCa -+y HOME TELEPHONE: 970-667-3614 7 ADDRESS: t-toz(o tJ:obe Ct o,+eta,ndi CO gOS3Z BUS.TELEPHONE: q70-35Z. - 1( l �f NAME: HOME TELEPHONE: ADDRESS: BUS.TELEPHONE: APPLICANT OR AUTHORIZED AGENT (if different than above): NAME: HOME TELEPHONE: 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: (Evldtnce_ ''n co-4es Sc C an 5----Case owner') — ctirrenf /eases ADDRESS: —UP. has Are,. Po9%ny .«;ner. / saxes OAS if m<r Derr 4 rrfrrre//on • NAME: 14;en A €1.44 Le+o( Resea.ces ADDRESS: 80/ c4errr Sf..ef M„ / Staler Z 73 AC, !✓•rr',, T,Y 7G/02 -12R03 I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) ss. STATE OF COLORADO ) Signature: Owner or Authoriz gent Subscribed and sworn to before me this day of `117(14, 19 /99(o . C/LQcc1� (Mi./ Conce0on'tex es 5-13--r1LiA JQ� soyH I PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE OF C..' 11 Application Requirements - PUD Change of Zone for Little Thompson Valley Estates 1. Application form and fee enclosed. 2. Proposed PUD Site: Legal Description: E/2 of the SE/4 of 21-4N-68W Location: West side of WCR 7, North side of WCR 42, '/2 mile south of Highway 56, one mile west of Interstate 25 Size: 80 acres Land Use: 69 drycrop acres, summerfallow wheat - all currently planted 7 subirrigated alfalfa acres 3 river and riparian acres 1 acre dry pond Topography: The Little Thompson River meanders through the north end of the parcel (approximately 2,000 linear feet of river). Nine acres north of the river is mostly level subirrigated land. The remaining land south of the river has some level areas with a general slope upward to the southeast. Much of the land has relatively steep slopes with a total elevation change of 120 feet from the river to the southeast corner. Agricultural Productivity: The land north of the river benefits from adjoining irrigation, soils and proximity to the river. Even though not irrigated, it has produced 3.5 tons per acre each of the last two years. Legal Status: Currently agricultural zoned by Weld County. An illegal split was done by a previous owner into two 40 acre tracts. This division is not recognized by Weld County as a legal division even though the Assessor's Office identifies the the subject as two parcels. Conditional approval for a Recorded Exemption was granted to the prior owners. This division creates a 9 acre parcel north of the river and a 71 acre parcel south of the river. Final approval is primarily contingent on securing legal access (access to the land north of the river is currently across a neighboring property). The survey for the Recorded Exemption included a site for a private bridge immediately west of the rip rap associated with the bridge for WCR 7. 1 • 961772 2. Proposed PUD Concept,Land-Uses and Architectural Style General Goals for the PUD: The Little Thompson River, combined with superb views of the mountains makes this property unique. We feel an obligation to be stewards of the land, and believe that our planned land use represents a sensible way to generate capital to make some much needed improvements. We hope to improve the agricultural productivity, enhance wildlife habitat and improve the visual appeal of the site. Agricultural Productivity: Irrigation Development We have obtained a conditional decree for storage rights in the dry pond in the southwest portion of the property. This water right will allow us to fill the pond from the Little Thompson River during the Winter and early Spring. The pond should hold near 10 acre feet and we will have the right to refill. This should allow us to pre-irrigate land and have enough water to help start grass and alfalfa in phases on the south side of the river. We plan to use a propane motor and an above ground line between the river and pond. That line will also be used to pump water from the pond to the irrigation system. We plan to use a side roll irrigation system. Eventually we hope to install an underground pipe between the river and the pond. Initial costs for motor, pump, pipe and irrigation system will be around $15,000 to $20,000. Having a 1995 decree makes this water somewhat unreliable and we would eventually like to buy additional water rights if we become financially capable. However, if we are able to sell one or two lots we can afford this first step in developing irrigation on this site. 1996- 2000 Farm Schedule 1996 - 69 acre wheat field: Harvested, then fallowed using no-till. Herbicides will be used in the fall if possible to get the best kill on bindweed. A summer spraying will be used if weed growth becomes too great. 2 961772 7 acre alfalfa field: No changes 1997 -Wheat field is fallowed with herbicide use to control weeds, particularly bindweed, as necessary. Trees will be removed from pond and pond will be cleared of weeds as much as possible. Some work on dam and dike will be needed. Irrigation system will be put in place at end of year. Tillage will begin in fall to prepare for Spring grass planting for pasture, Outlot A and Lots 4, 5 and 6. 7 acre alfalfa field: No changes 1998 -Pre-irrigate portions pasture area(only portions will be reached by sideroll system). Spring grass planting - Start in phases to allow use of irrigation water to help establish. Future alfalfa field between access road to Lot 1 house and river will remain fallow, using no-till chemical weed control. Tillage will begin in Fall to prepare for Spring alfalfa planting. We are still discussing the possibility of planting some grass on the poor soil which will remain north of the road (covering 5 - 10 acres). The rest of the land north of the river which benefits from subirrigation should be excellent for alfalfa. The advantage in keeping all the land north of the road in alfalfa is it would be easier to use the irrigation system. 7 acre alfalfa field: No changes 1999 - Pre-irrigate alfalfa land. Additional irrigation of grass if water is available. Spring alfalfa planting, using irrigation to help establish. Till alfalfa stand north of river if necessary. 3 961772 2000 -New stand of alfalfa north of river Pre-irrigate grass and alfalfa south of river. Land uses by 2000 under this farm plan would be: Pasture 29 ac. Alfalfa 25 ac. Residential/Farmstead/Roads 21 ac. River/Riparian 3.5 ac. Irrigation Pond 1.5 ac. Environmental Goals: Wildlife is already abundant. We have seen beaver, deer, fox, raccoons, owls, eagles, ducks and pheasants among various other birds and animals. The perimeter windbreak around the lots will serve as good wildlife habitat, particularly considering the proximity to the river. Additional alfalfa and pasture could also have some benefit to wildlife compared to drycrop wheat. We have begun cleaning debris out of the river. Dozens of tires along with wire, kitchen appliances and anything else which belongs in a landfill has been washed down the river. We will take great pride in having a clean river and managing the riparian vegetation so that wildlife habitat abounds. We have already begun to establish new grass, trees and shrubs. Visual Impact Goals: Elevations on the proposed PUD site provide excellent views from WCR 7. The river, riparian area, cottonwood grove and adjoining alfalfa field with the mountains as a backdrop makes the north portion of this site very attractive. One advantage of our plan over the current status of this site with the Recorded Exemption is our plan will not disturb this area. The perimeter treebelt around the lots along with covenants forcing buildings down the slope will reduce the visibility of buildings from WCR 7. The dwelling on Lot 1 will be visible due to topography, but will be about 1,000 feet west of WCR 7. The view from I-25 looking west southwest across the Little Thompson River will be of the treebelt, alfalfa on 4 961772 both sides of the river and the dwelling on Lot 1. Due to topography, the subject is visible from I-25 between 1 1/4 and 1 3/4, in a southwesterly direction from I-25. Covenants will require underground electric lines and buried propane tanks to preserve views. Allowed Land Uses: No agricultural uses will be permitted on Lots 2 through 6. As owners of Lot 1 we will have full control over agri- cultural activities. However, we would like to have a situation where we could lease the pasture to the other lot owners. Under this arrangement, one set of corrals and one barn would be located in an inconspicuous location at the bottom of the hill near the west property boundary. By having control over the pasture we will Be able to make sure a good stand is established before grazing begins and that no overgrazing takes place. The lots we do not sell immediately will be seeded to buffalo grass. Significant buffalo grass plantings on the first lots sold will be encouraged. Control over landscaping of individual lots will be passed to the new owner when a lot is sold, but we will still require landscape plans prior to building plans being approved by the Homeowner's Association. Review of the landscape plans will be advisory, but we will encourage gradual transitions from mostly buffalo grass lawns to other grasses if desired. Architectural Style: The Lot 1 dwelling will be a 1 '/2 story farmhouse with a walk-out basement on the west side. The other lots will have a two story maximum limit. Single story dwellings with walk out basements which take advantage of the view will be encouraged. If two story houses are built, they will be put further west and down the slope in consideration of views from WCR 7 and I-25. 3. Proposed PUD and the Weld County Comprehensive Plan 5 961772 All of the land being used for development, including all roads, is within an extremely poor soil type as indicated by the soil survey and aerial photographs. Some of the capital generated by this development will be used to improve the remaining agricultural land. By having annual income from pasture leasing and alfalfa production, the land south of the river will produce greater and more reliable income than ever before, even though there are fewer acres devoted to agriculture. Extra costs will result from the design of this subdivision, particularly due to the perimeter treebelt. Escrowing between 4 and 7% of the purchase price for treebelt establishment will be one cost. Looping utilities around the treebelt (by the developer) rather than allowing the lot owners to extend utilities directly on to their lots is another cost. Even though considerable profit is being sacrificed, the perimeter treebelt is important for the visual appeal of the site and in promoting wildlife. Because we can demonstrate this subdivision will result in increased agricultural production, will be beneficial for wildlife and is designed to minimize negative visual impacts, we feel it fits well with the Weld County Comprehensive Plan. 4. Compatibility within PUD District. The land immediately west of the proposed lots will be a pasture without any buildings, adding to the quality of the views. The outlot for the east perimeter treebelt will be owned by the Homeowner's Association and will be used by the lot owners as they see fit. Some possibilities for the outlots include gardens, a jogging track or additional landscaping besides the trees. The pasture on Lot 1 will be large enough to accommodate one horse for each lot. This will create a good market for pasture rental as well as a market for some of the alfalfa grown on the site. 5. Compatibility with surrounding land uses. The dirt motorcycle track to the east may be the most non-compatible use. However, the track is already non-compatible with the neighborhood already. The treebelt should help mitigate noise from the track. At the same time this treebelt will benefit the rest of the neighborhood by lessening noise (Noise is not constant from the track because motorcycles are not always running and prevailing westerly winds buffer the sound). Another asset of the treebelt it will eventually hide the dry and scarred landscape on the motorcycle track. As the vicinity map shows the closest any of the new residences will be to an existing residence is 1100 feet or so. None of the new residences on Lots 2 -6 will block mountain views of existing residences. The existing dwelling on the east side of WCR 7 north of the river may have some mountain views affected. However, the 6 961'7'72 two dwellings will be 1600 feet apart. If a building were built on the north side of the river according the existing conditionally approved Recorded Exemption, a dwelling would have to be located a few hundred feet west of that house immediately in front of the Longs Peak view. The subdivision has one access point to WCR 7 at a place that is easily visible from both directions. The treebelt has been designed to create good visibility at the WCR 7 and WCR 42 intersection. The pull-off for the driveway and bus stop are features which should minimize the impact on local traffic. Pasture and alfalfa production should lessen the amount of dust coming from this site when compared with summerfallow wheat production, enhancing the neighborhood. Weed control will be improved when compared with past years, which should help adjoining properties. The treebelts and enhancements to habitat along the river will provide what should eventually be the best habitat in the neighborhood for wildlife. 6. Description of each use within the PUD. 6 total dwelling units: 2,000 square feet minimum for one story 1,500 square feet minimum ground floor for two story 2 story maximum Lots 2-6 will be allowed one shed, not to exceed 2,400 square feet. Covenants will not place restrictions on agricultural buildings on Lot 1. 7. Public Open Space Outlot A will be a 2.5 acre site, mainly used for the east perimeter treebelt. The Homeowner's Association will own the Outlot and eventual uses of land other than the treebelt will be determined by all of the lot owners. Possible uses will include garden plots, additional landscaping, wildlife habitat or even a half-mile jogging track. The school bus stop could eventually include a shelter. This pull-off area from WCR 7 will also be the location of the mail boxes for all lots. Private Open Space Besides the farmland on Lot 1, the riparian area will be valuable open space. We have already begun to plant grass, trees and shrubs around the existing cottonwood grove to enhance this natural park area. There is a wonderful sand beach towards the east end of the property which is shaded by large cottonwood trees. We are also planting some grass, flowers and shrubs at this location. 7 961772 8. Domestic Water A 12" Little Thompson Water District water line runs along the east property boundary. An 8" line will be looped around the east perimeter treebelt on the west side of Alpine Sky Drive to provide excellent water pressure for fire protection. 9. Sewage Disposal Each lot will be served by a septic system. If any of the small lots (2-6) require leach fields larger than 25,000 square feet, an easement for a leach field in Lot 1 will be granted at no additional cost. Such an easement would be along the west boundary of the lot. 10. WCR 7: Local - Gravel -22 to 24 ft wide, 4 foot shoulders - 60 ft ROW 11. See Soils Report regarding soils. 12. Sand and Gravel Sand and gravel deposits north of the river will be unaffected by the proposed development. These deposits, low in aggregate content, are considered uneconomic. 13. Floodplain No development is planned for the floodplain. The current conditionally approved Recorded Exemption would allow a building pad to be raised above the surrounding floodplain. 14. Geologic Hazard Area None. 15. Sign to be posted 16. See addendum for list of adjoining owners 17. See addendum for list of mineral owners and lessees Numerous leases were made by Louis and Helen Hart (surface owners) from the 1960s until they sold the property in 1988. The 1988 warranty deed transferring the property to Dan and Kathleen Wacker, and subsequent deeds transferring title to Chase and Baxter and then to us all do not have mineral reservations. As a result, even though there is evidence of a Union Pacific reservation, the leasing undertaken by the Harts tends to indicate we have mineral rights. Title work at provided with our purchase mentions both the Hart's leases (now expired) and the Union Pacific reservation. 8 961772 ADDENDA 961772 < k _ 0- F 0 2 F- N , H 0 1 a 0. 0 s x a F i. rv' f 'Y. I } Q "• a E• 0 li `�I / elI j 1 Zaj. F. n e - Yyd• Wu':A x • c / I �Y lL aim L_a III :k' z t W w / U Q r H Cr) Id 7 57 I I Y 0 CD ��., LLB l00 erd'' • U g Z 1 I < Lt.' 0 e W W¢W 3 K'• <QO a _J =0> Z I [ r- z 3f ~Oa I� a O F. d p Q = r . -. :a 6 . (fl Lii‘41— Q 5 W O WO 1 co z . I I i f - e - _ � I y: e J i 1 II ; I' xY i - I F — ` I �. 1 J L - 9617My Qc __—- —__ am- . /� • r JJJ Kd - ur . 'VI Ilr•-4 - 4 ‘,"4. ACC". 4-'1' ]-. 11,.f ' yy '' / r 1 5 '-',4r y W... .".,-4,4`.. Nom` i�t y I 'f I ` ry , fi .7 C ,,, 'rye t 4 , s. * /°F-71. ] c o t? �y Ji•��. se' ��. ' lit::: , f. 7N !t pt-,!ay ti ' id, ° I . rar . s - r �a r 1 i 1a r- a Pw sk J • jr R i x •A ph q # . ; ; i i Y p < w o o Y V] ra x i a�+ ❑ Q k: _ 0 r.4r y r CL. 11 a3 ; W co I;. . t . trH • .. ` y ' sir t •i r IItai a . Qa .- k y i ir' 77 ek' 'ky } 1 4' l b r. \. 1 A-blip 1'4 yew 'r \ 4 '7.1 1....,. •' Planned Unit Development District Change of Zone Little Thompson Valley Estates, May 1996 Names of owners of property within 500 feet Name Address State 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 106121C0017 Brigham, Dennis H. 2683 WCR 42 Berthoud,CO 80513 106121LUJ18 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. 1795 South Monroe Denver, CO 80209 10612200010 Hornung, Richard J. 4423 South 313 St. Auburn,WA 98001 1061280CCC5 and Irene Wilson, Charles,etal 5328 WCR 42 Johnstown, CO 80534 10612700020 • 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 —"JIG/ Cz t,� 194,fo The foregoing instrument was subscribed and sworn to before me thi�? / r day U WITNESS my hand and official seal. -- STATE OF COLORADO ) cSY PUB ss. ' ' ` COUNTY OF WELD s�-�p• LAURA K. SEAL • JOHNSON ; s , `•. • $ ` Ll . .4% OFCOL•'-'r CLLLAC 9Q-tin rte, e ye. Notary Public My Commission Expires:5_ 961ry!7 2 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 tit The foregoing instrument was subscribed and sworn to before me this 2cL day of yoto • , 1996 WITNESS my hand and official seal. STATE OF COLORADO ) ¢,(, FL/19 ss. th' COUNTY OF WELD ) , O .1cY.• Ann /8 Jr 440PCO Notary Public My Commission Expires: .5-13-c-7 961772 al v gi L c s' n t. 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L. .-- .....c.\\H.. .. -.. _7____,r, , \NNN'..-- \ I s. 2 y V % a o Ett A: O s ¢ N O O P 2 3 R O I al I 4I 1 ,B 41 0 o e ti O V to ti u 2 961772 o N • o9a • -- I, Hummel • I9fi/ ' M X a999 P is. e. ° • 8ese+wnT .-p ••. i9B1 4996 / I I I / I wed 17� 9 1959 16 5° �' / • m 6 196/ — i'an 29261. 1 \ 903 1 _:L13 rat ...'IBBB \V 4rnnee -... pet° 90 r 4a Vb .q f "-. f 1l ' 601 f ( ? �, ' „ \c< v - you (I l l' l ' - goo WIN¢�'f gu6.lE�Ir '-'\----1 , ' I/ ( � .)I OITCN_� (rS i �` sl`� -J �9i 11' f J ' \ -.. e96 1 b4.69d(' / AI �� °nips n �/' u - 61� cl ( I 1c. 60P hl xi j iVAhemi yr / 428 _ • 1 27 , 4969 sou cif a, yThr-,..,,. \ , pri- . i °\ F6062 �, I 1 {, 5 I)) ay-miller ' II 1 son — 34 ts9sa - Ellli o . _ - /( Iid r Vicinity Map 961'7'72 LED;IN 0ISTRYCTFi CO(1RT bat404$36 f: WE_D COUNTY,: DISTRICT COURT, WATER DIVISION NO. 1, COLORADO CASE NO. 95CW251 FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF KEVIN AND DINA MCCARTY, IN WELD COUNTY THIS CLAIM was filed with the Water Clerk, Water Division 1, on December 26, 1995. The Referee being fully advised in the premises does hereby find: All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No Statement of Opposition to said application has been filed and the time for filing such statement has expired. All matters contained in the application were reviewed, and testimony was taken where such testimony was necessary and such corrections made as are indicated by the evidence presented. IT IS HEREBY THE RULING OF THE WATER REFEREE 1 . The name and address of the applicant: Kevin & Dina McCarty 4026 Niobe Ct. Loveland, CO 80538 . 2 . The name of the structure: McCarty Pond. 961772 95CW251 MCCARTY Page 2 3 . The legal description of the structure: SE 1/4 SE 1/4, Section 21 , Township 4 North, Range 68 West of the 6th PM, Weld County, at a point approximately 775 feet from the South line and 1210 feet from the East line Section 21 . 4. The source of the water: Little Thompson River and natural runoff. 5. The date of appropriation: December 5, 1995. 6. The amount of water: 10 acre feet CONDITIONAL with right to fill and refill when water is legally available. 7 . The use of the water: Irrigation on 75 acres together with waters from other water rights, stockwater, and fish propagation. 8. Water shall not be impounded, except pursuant to the operation of a lawful exchange, unless entitled to do so by virtue of the priority herein awarded. At all other times, all inflow of water into the reservoir from any source, including precipitation, shall be removed by applicant or applicant's successors in interest by draining, pumping or other means , and released into the nearest natural watercourse or below the reservoir, and not utilized by applicant or applicant's successors in interest in any manner. Applicant shall install and maintain such meters, measuring devices or other structures and record diversions as may be required by the Division Engineer of Water Division No. 1 . 9 . It is also ordered that the conditional right herein awarded is hereby continued in full force and effect until`Mo.m, a0o'. . If Applicant desires to maintain such conditional decree, an application for a finding of reasonable diligence shall be filed on or before o. c1OO)- or a showing made on or before such date that the conditional water right has become an absolute water right by reason of the completion of the appropriation. 961772 95CW251 MCCARTY Page 3 10 . The Application for the above water right was filed in the Water Court in the year 1995 and the water rights granted herein shall be administered as having been filed in that year; and shall be junior to all priorities having been filed in previous years. As between all rights filed in the same calendar year, priority shall be determined by historical dates of appropriation and not affected by the date of entry of decree. Dated: o3j\c to J Y O S. LIES Wate Referee Water Division No. 1 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: JONATHAN W. HAYS Water Judge Water Division No. 1 State of Colorado 961772 L,„?/ -4..„,,,c 42 16M 16 -,,, . uC • :I y k♦••k 79 Ct.*, (, IV, 15 { l lerIf i a?Ll 17 15 16 f 0 15 1'\'4 •.: ry' 15 566 eiliK 17 ,ij \ �•ot. Kl... 1' 15 17 'i. 79 v 6 53 79 79 .,4w+re .. Y{ :r 4..1,464010f;, N . yl g.- iZcs140;t ♦ril tyr P,T, ,� a us ' • �744,W ,� � .e cr tv; ,61 16 .V 61 , 79 00.1 17 4 17 17 i3 livµ 1 79 A v v 61 v61 C 61 C • v I ft 1 17 6 ., y 26* , 1V 1 ' (1 65 65 i 1 c \ : L. 1i !' <` y a 65 •' k 4. I 1 c i \ e 79 ( ; fI $3 Soils Map 961772 Landmark ENGINEERING Ltd. April 29, 1996 Project No. MCCK-6D3F-01-713 Kevin McCarty 4026 Niobe Ct. Loveland, CO 80538 Dear Mr. McCarty: At your request we have performed flexible pavement thickness designs for the six lot subdivision, located near the intersection of Weld County Road 42 and Weld County Road 7. More particularly, the parcel of land located on the E1/2 of the SE1/4, Sec. 21, Township 4 North, Range 68 West of the 6th P.M., Weld County Colorado. The scope of this investigation is to provide flexible pavement design options for the proposed 1200' street. Pavement designs have been performed in accordance with AASHTO Guide for Design of Pavement Structures. Three (3) subgrade samples were obtained,field classified and combined revealing a Liquid Limit of 32, a Plasticity Index of 15 and a Group Index of 8. Using this Group Index a Resilient Modulus (MR) of 5,700 psi was determined from the Soil Support Correlation Table (Appendix B). Using this figure along with an Equivalent Single Axle Load (ESAL) of 36,500, an overall standard deviation (50) of 0.44, a reliability of 70% and a terminal serviceability loss of 2.0, a structural number of 1.93 was calculated. Flexible pavement options are based on Hot Bituminous Pavement (H.B.P.) having an R-value of 95 or better and Aggregate Base Course (A.B.C.) having an R-Value between 70-77. A drainage coefficient (M2) of 1.0 was also used. Our design calculations indicate the proposed street can be paved using the following alternatives: H.P.B. A.B.C. Total Section 3" 6" 9" 4.5" 0" 4.5" Prior to paving the subgrade should be scarified to a depth of 6", moisture conditioned to 2%± of optimum moisture and compacted to at least 95% of maximum standard proctor dry density. Other subgrade preparation and placement of fill recommendations can be found in Appendix A of this report. 3521 West Eisenhower Blvd. Date D. Othausen. P.E. &L.S. Loveland, Colorado 80537 President ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS Loveland (970) 667-6286 FAX (970) 667-6298 Denver (303) 629-7124 961772 44 ZONE A ThomPs eie 2 I �4 �Sw.• 4,144 r • 7.. v' /'Cr.vi :Ili=.Cq••' t tf t.j17 i"0 t .' tt.4V a4 •.. t.w / �b�1 ♦M 1 V ...so.1 --- • <•• • co) 2 • Floodplain Map 961772 MITCHELL ,RXT0N ,&MC TEL : 1-970-352-1114 Se 24 ,96 9 :21 No . 001 P .02 :.... al if �` �',r�54"'f � ' `'�1. `c%Pt �+F.( + '�k ki, n . t. M ""x yf'Al!71 .4ri r air 22 v 1 M a ^ Y� a Ny i 'l", � .ka, n gin r, v d , ~ ,�c ti1r m WI 1 8' a 1! ] +11 � : r><xw Q ei- m::, f...rc,+ , 4 ... 'w• A x,"4,4 • ♦! , 1, •n v„ : - o % o g :24y' fi 'M1 ,-.15‘,.0.1,,, y. g •E.F AT M�4 s sa'L at., ,, r + t —� ~ '. 0 i fc c,I/f Yr 4 IF `Ra Efi.Wx '^F, y1 ri w \ V ` 1 ). _l� 7 A 1: Y kf f r ' = f j Y R. i��< q: f tn f YY 1 Y.Y {•��., D .S •W- wi �a kf'� FtTUM wY a O us in i. til .1:1~A N L in i rs el R g 314r5' a� .rrv.A ••.Y r`'. ,] `A fj a'— C N ro , a >py x ,t k F �lrv , ,s.w . 961772 09/24/96 08:20 TX/RX NO.5054 P.002 II MITCHELL ,RXTON ,&MC TEL : 1-970-352-1114 _ Sep 24 ,96 9 : 23 No .OU:. - . O . PAGE 1 OF 3 U.B. DEPARTMENT OF AGRICULTURE1 OF2/93 SOIL CONSERVATION SERVICE RANGELAND PRODUCTIVITY AND CNARACTERISTIC PLANT COMMUNITIES Kevin McCarty (Only the soils that support rangeland vegetation suitable for grazina are listed. Ppt means precipitation) Total prodUctlen map symbol Range site Characteristic vegetation come- and Kind of year Dry titian soil name weight Lb/acre Pct 4: 45 Squalls SALT MEADOW Favorable 3.500 Inland saltgrass Normal 3,000 Alkali sacaton 45 Unfavorabte 2.500 sedge 10 BlUe grams 5 Switchgrass 5 western wheatgrass 5 Aquspta, Flooded WET MEADOW Favorable 3,500 Inland saltgrass 45 Normal 3,000 Alkali sacaton 25 Unfavorable 2,500 Sedge 10 Blue grams 5 swltchgrass 5 Western wheatgrass 5 17: Colby LOAMY SLOPES Favorable 2,500 Little bluestem 25 Normal 2,200 Sldeoats grams 15 Unfavorable 1,500 western wheatgrass 10 Blue grams 10 Big bluostom 10 Threadleaf sedge 10 Plains muhly S Buffolograss 5 61; Tassel SANDSTONE BREAKS Favorable 1,500 Blue aroma 20 Normal 1,200 Sideoats groom 15 Unfavorable 050 Threadleaf sedge 15 Little btucstem 15 Needleardthread 10 Other perennial grasses 5 961772 09/24/96 08:20 TX/RX NO.5054 P.003II MITCHELL ,RXTON ,&MC TEL : 1-970-352-1114 Sep 2' , 9Ei y :23 \o . UULU_. PAGE 2 OF 3 U.S. DEPARTMENT OF AGRICULTURE OF2/93 SOIL CONSERVATION SERVICE RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES--Continued Kevin McCarty Total production Map symbol Range site Characteristic vegetation Compo- Kind of year Pry sitlon erd nail name weight Lb/acre Pct 79: 35 Weld LOAMY PLAINS Favorable 1,600 Western wheatgrass 25 Normal 1,000 Blue grams Unfavorable 000 Sideoats grams 10Prairie lunegrasa 10 Needleandthread 5 Sedge 5 961772 09/24/96 08:20 TX/RX NO.5054 P.004 MITCHELL ,RXTON ,&MC TEL : 1-970-352-1114 Sep 24 ,96 9 :24 No . 001 '' .0D PAGE 3 of 3 U.S. DEPARTMENT OF AGRICULTURE o22/� SOIL CONSERVATION SERVICE Endnote -- RANGELAND PRODUCTIVITY AND CHRACTERISTIC PLANT COMMUNITIES In areas that have similar climate and topography, differences in the kind and amount of vegetation produced on rangeland ere closely related to the kind of soil. Effective management is based on the relationship between the soils and vegetation and water. This report shows, for each soil, the range site; the total annual production of vegetation in favorable, normal, and unfavorable years; the characteristic vegetation; and the d ndrangeland percentage each explanationDofythe those cativo headings are inuthisareportefooll or ere suited to use as RANGE SITE is a distinctive kind of rangeland that produces a characteristic natural plant community that differs from natural plant coar pities on other range Sites in kind, amount and proportion of range plants. The relationship betweeen soils and vegetation was ascertained during this survey; thus, ranee sites generally can be determined directly from the soil map. Soil properties that affect moisture supply and plant nutrients have the greatest influence en the productivity of range plants. Soil reaction, salt content, and a seasonal high water table are also important. TOTAL PRODUCTION is the amount of vegetation that can be expected to grow annually on well managed rangeland that is supporting the potential natural plant community. It includes all vegetation, whether or not it is palatable to grazing animals. It includes the current year's growth of leaves, twigs, and fruits of woody plants. It does not include the increase in stem diameter of trees and shrubs. It is expressed in pounds per acre of air-dry vegetation for favorable, normal, end unfavorable years. In a favorable year, the amount end distribution of precipitation and the temperatures make growing conditions substantially better then average. In a normal year, growing conditions are about average. In an unfavorable year, growing conditions are well below average, generally because of low available soil moistu . Pry yi weiweight is the total annual yield per acre of air-dry vegetation. Yields are adjusted to a amnion percent ry moisture content. The relationship of green weight to air-dry weight varies according to such factors as exposure, amount of shade, recent rains, end unseasonable dry periods. CHARACTERISTIC VEGETATION the gresees, forbs, and shrubs that make up most of the potential natural plant community on each soil is listed by common name. Under COMPOSITION the expected percontaae of the total annual production is given for each species arcking up the characteristic vegetation. The amount that can be used es forage depends on the kinds of grazing animals and en the grazing season. Range management requires a knowledge of the kinds of soil and of the potential natural plant eeomunity. It also requires en evaluation of the present range condition. Range condition is determined by coopering the present plant caminity with the potential natural plant comastity on a particular range site. The more closely the existing community resembles the potential eemmslnity, the better the range condition. Range condition is an ecological rating only. The objective in range management is to control grazing so that the plants growing on a site are about the same in kind and amount as the potential natural plant co.amnity for that site. Such management generally results in the optimum production of vegetation, control of undesirabte brush species, conservation of water, and control of erosion. sometimes, however, a range condition somewhat below the potential meets grazing needs, provides wildlife habitat, and protects soil and water resources. 961772 09/24/96 08:20 TX/RX NO.5054 P.005 MITCHELL ,RXTDN ,&MC TEL : 1-970-352-1114 Sep 24 ,96 9 : 24 No . 00_i . Clb PAGE 1 OF 1 U.S. DEPARTMENT OF AGRICULTURE 02/22/96 SOIL CONSERVATION SERVICE LAND CAPAMMLITY AND YIELDS PER ACRE OF CROPS Kevin McCarty (Field are retththose seatthat ate aoibeis pectsuited underry the high l opoyal el of no irrisatap ed manage not ment by mapinit the name. e17 Absence of a yield indi ot map symbol Land GRASS HAY ALFALFA NAY PASTURE and soil name capability TONS TONS AUM 4 AgU6lis 6W Aquepta, Flooded 6W 17 Colby 6E 61 Tassel 6E 79 1.5 Weld 3E • 961772 09/24/96 08:20 TX/RX NO.5054 P.006 MITCHELL ,PXTON ,&MC TEL : 1-970-352-1114 Sep 24 ,96 9 :24 No . 001 P .07 PAGE 1 OF i U.S.DEPARTMENT OF AGRICULTURE 1 OF2/9 SOIL CONSERVATION SERVICE WINDBREAKS AND ENVIRONMENTAL PLANTINGS Kevin Mccarty Trees having predicted ED-year sverege height, in feat, of-- map symbol end soil name i6- 26.35 >35 c8 8.15 4; Aquolti Redosier dogwood, Rocky Mountain Juniper, eastern redceder, blue spruce, plains cottonwood, American plum, CeeI on chokecherry, golden willow, purpleosier willow Aquepts, Flooded Redosior dogwood, •-• --� Rocky Mountain juniper, eastern redeedar, blue spruce, plains cottonwood, American plus, CONson chokecherry, golden willow, purptoosier willow 291 slherian elm Weld --- Hackberry, Russian-olive, Rocky Mountain Juniper, eastern redcedar, poderosa pine • 09/24/96 08:20 TX/RX NO.5054 F.067772 �.. i t i''," rfle°t i,r"t7p m .; . Little Thompson Valley.Estates PUD • Change of Zone Hearing Weld County Commissioners September 25, 1996 • Proposal Summary Prepared by: Kevin and Dina McCarty EXHIBIT 961772 yS D • f� • . • ib e s i , \ x yA,R I. t 5 yPi ,. ,"if. st*f=1,s'Irif 11 y } x 1 q W R p ' J X f �' Z� G ,, i. R ' 4. /� FFs }, `�°' iii T k }� a M y E'Ff ` 11- 4 to .;.i-k� igr ib 't4 ,. Kf t,:.} i�it. -ak -0,,,fat Y § c. • . ' ' � '. '. nod ,.. tq��" i ( h ' tT rjv i t1 Y4; �a gg h 961772 Goals of Kevin and Dina McCarty in creating Little Thompson Valley Estates 1. Build farmhouse and devote ourselves to acheiving the following goals. 2. Generate capital to transform unproductive dry cropland into an attractive property. - A considerable portion of proceeds from the lot sales will be returned to the land. Added development costs will be associated with looping utilities around the treebelt. A minimum of$15,000 will be spent on the east treebelt, which will be established over time. - This capital will also allow other improvements such as: Grass, alfalfa and tree plantings Pasture fencing Preparation of pond for irrigation water storage Purchase of pump and sideroll irrigation system Possible purchase or rental of additional water 3. Increase agricultural productivity. 4. Enhance and create additional wildlife habitat. 5. Avoid developing 9 acres north of Little Thompson River which would otherwise be developed if the conditionally approved Recorded Exemption was acted upon. - The 7.5 acre alfalfa field produces greater income than the 69 acres south of the river. - If divided and used for a dwelling and horse pasture, wildlife could be impacted. - This is the most attractive portion of the site. 6. Gradual development of residential sites, possibly taking 10 years or more. -Native grasses will be established on 4 of the 5 residential lots prior to being sold. A landscape plan including native grass planting will be encouraged on the first lot to be sold. 361772 Major features of Little Thompson Valley Estates Covenants • Creation of Homeowner's Association. • Ongoing control of subdivision after development has been completed. • A building design checklist and landscape checklist will be used as guide in Homeowner's Association review as lots are developed. • MI buildings will meet various design standards, enhancing the appearance of the subdivision. • No animals allowed to graze on residential lots. • Residential lots can have a loafing shed and small corral. Horses will be allowed only if lease is in place on adjoining pasture. • 1,700 square foot minimum for one story dwellings, 2,200 sf minimum for two story dwellings. • 800 square foot maximum sheds on residential lots. • A paved school bus stop/mail box area will adjoin WCR 7. • Treebelts will have Red Cedars, Austrian Pines and Lilac Bushes. Drip irrigation using domestic water will be used. Raw water may be used when available. •Various items will be addressed in the covenants, including fences, lighting, animals and potential nuisances. •All electric lines will be underground and propane tanks will be buried. • A right to farm section will be included which emphasizes the need for residents to understand they are living in an agricultural neighborhood. Because we will also be farming,we intend to see that this issue is fully understood by lot buyers. 961772 Allah -- Li, Grass Hay Lott 1 1 Pasture 1 1' I ( 1 d \ 1 1 i� I •MMINIMOMS1 1 I I 1 Leased PastureI II 1 I I 1 I I I I I I - I LProbable Development as of 1999 961772 Grass Hay —Se---; Lot! 1 1 1 Pasture ( - - 1 teased Pasture j ii1 1 1 1 I 1 1 I 1 Sir J Completed Development (Finalized between 2000 and 2010) 961772 BIO Kevin T. McCarty • Grew up on farm near Dodge City, Kansas. Parents began farming in 1962 and together with my brothers our family built a 5,000 acre farm. Farm income is split evenly between backgrounding steers, dryland wheat and irrigated grain sorghum. • The farm received a soil conservation award and I was closely involved in establishing numerous treebelts. • Family used custom wheat harvesting to supplement our income. It allowed me to pay my way through college. • Worked on farm on weekends and vacations between 1986 and 1991. • Education: B.S. in Geography from Kansas State University, 1983 M.S. in Resource Geography from Oregon State University, 1986 33 hours in Agricultural Economics, Selected courses as follows: Plants and Soils for Crop Production Geography of Land Use(2 courses) Practices and Principles of Land Use Planning Natural Resources Geography Water Resources Geography of the U.S. (2 courses) History of the High Plains Ecology of Environmental Problems Environmental Policy Land and Water Economics Biotic Resources of the U.S. Comparative Agriculture(Western U.S. Agricultural Tour) • Agricultural Appraisal Background: 1985-1991 District Appraiser, Kansas Dept. of Revenue - Garden City, Kansas. Was significantly involved with researching farming practices for development of use value program, conducting interviews with farmers in over a dozen counties. 1991-1993 Sherman County Appraiser- Goodland, Kansas - Headed Assessor's Office in one of the top agricultural counties in Kansas. 1993-1996 Originally worked for Robert J. Mitchell, MAI. Now co-owner of Mitchell, Axton &McCarty, LLC, specializing in rural appraisals. Dina R McCarty • Raised in Pueblo, Colorado. • One daughter, Michelle R. Firestone, 14. Moved to Loveland as a single parent in 1983. • A.A.S. in Business Information Systems from Aims Community College. • Currently employed by the U. S. Department of Agriculture as a Computer Systems Specialist. 961772 September 25, 1996 Weld County Commissioners 915 10th St. Greeley, Co. 80631 Re: Little Thompson Valley Estates Change of Zone Application. Dear Commissioners: As a contiguous property owner, I have no objections to the proposed PUD. The removal of a building site from the river corridor fits well with our goals to preserve wildlife habitat and protect prime farmland. Please contact me if you have any questions or concerns regarding this matter. Sincerely, \y` (t L.i,C ( --- David P. Lamb, R.Ph. DPL/lb David P. Lamb 1101 CR 19 Berthoud, Co. 805I3 EXHIBIT • 361772 Hello