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Home My WebLink About710008.tiff FINDINGS AND RESOLUTION CONCERNING CHANGE OF ZONE PETITION OF EDWIN H. SANDEN The petition of Edwin H. Sanden, Box 215, Morrison, Colorado, requesting a change of zone from "A" Agricultural District to Mobile Home District, "MH-UD" - UNIT DEVELOPMENT of a tract of land located in Section Sixteen (16), Township One (1) North, Range Sixty-eight (68) West of the Sixth (6th) Principal Meridian, Weld County, Colorado, more particularly described in meets and bounds and containing 41. 60 acres, more or less, all as appears on plat as submitted and made a part hereof by reference, came on for hearing on Monday, February 8, 1971, and the Board of County Commissioners of the County of Weld, State of Colorado, having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and recommenda- tions of the Weld County Planning Commission filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant failed to sustain the burden of proof as to the need for a change of zone or that the present zone is erroneous or that circumstances warrant a change of zone at this time. 2. The evidence shows that the inhabitants of the immediate vicinity of the area sought to be rezoned are unanimously opposed to the change of zone. 3. The evidence discloses that there presently is no potable water available for this mobile home park. 4. The evidence discloses that the present zoning is complementary to the surrounding area. 5. That each of the preceding findings in and of themselves and independent of each other constitutes a separate and individual ground for denial of the change of zone. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has heard the application of Edwin H. Sanden, Box 215, Morrison, Colorado, for a change of zone from "A" Agricultural District to Mobile Home District, "MH-UD" - UNIT DEVELOPMENT of a tract of land as hereinabove recited and made a part hereof by reference, and WHEREAS, said Board has made its findings on the evidence and testimony submitted to it, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the petition, evidence and testimony and the recommendations of the Weld County Planning Commission and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises; 1 rr, 710008 NOW, THEREFORE, BE IT RESOLVED, that the petition of Edwin H. Sanden, Box 215, Morrison, Colorado, requesting a change of zone from "A" Agricultural District to Mobile Home District, "MH-UD" - UNIT DEVELOPMENT of the tract of land indicated above be, and it hereby is denied upon each of the grounds set forth in the Board's findings therein. Made and entered this 24th day of February, 1971. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i (I( < U a�"� ATTEST: lJ Clerk o he Board By: �,. . Cl a,„:,/ Deputy County Clerk APPROVED AS TO FORM: County Attorney LiC 2 ,4,2;461 97 /„/% Copy of Resolution of Findings & Resolution dated 2/24/71: Edwin H. San en RECEIPT FOR CERTIFIED MAIL-30t' (plus postage) SENT TO Y' / POSTMARK P — r �?r./si, `ili y79.7Gr2/ OR DATE \...,.4 STREET AND NO. T\ P.O., STATE AND ZIP CODE OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN ' 1. Shows to whom and date delivered ISO RECEIPT With delivery to addressee only 65d �' SERVICES 2. Shows to whom,date and where delivered 350 With delivery to addressee only 85d O DELIVER TO ADDRESSEE ONLY 50d Z SPECIAL DELIVERY (2 pounds or less) -_--- 4W POD Form 3800 NO INSURANCE COVERAGE PROVIDED—1969 NOT FOR INTERNATIONAL MAIL a (Sea other side) .p July ,.10..9145. INDICATED SY CHECKED BLOCK(8). I = gH rare Shaw O Whom;date and address NE Deliver ONLY me i addressee 1,7 Received the numbered article described below. re t, eteett to Mr, SIGNATURE ORNAM€OF A dives itwyf iliPi ht cremeN0. GfifiµyyA' . "' ". .,r INRURm ND, `: I DATE DELIVER® NOVI wen DELIVERED Off&if eSS..11-7YY41 DAF•:N spa NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the District Court Hearing Room, Fourth Floor, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Docket No. 62 Edwin H. Sanden Box 215 Morrison, Colorado 80465 DATE: February 8, 1971 TIME: 2:00 o'clock P. M. REQUEST: Change of Zone from "A" Agriculture District to "MH-UD" Mobile Home Unit Development The South 1365.00 feet of the North 1395.00 feet of the West one-half of the Northeast Quarter of Section 16, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, containing 41.60 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: December 23, 1970 PUBLISH: The Greeley Booster December 25, 1970 and January 29, 1971 c---e AFFIDAVIT OF PUBLICATION-- STATE OF COLORADO, ) ' ' NOTICE ' )ss. Pursuant to the zoning _laws Of:: COUNTY OF WELD. ) the State of Cnierado a :`P he .`. hearing will be. m the Fjis- being duly sworn, deices and says: trill Cotat Heal i Floor, Well Zpr >Ro SS4, .. 1. That he is the Owner and Publisher of The Greeley Booster GreeleY, tho`,� time a weekly newspaper printed and published in the City of Greeley, specified. MI PerWS ilti aaY man- County of Weld and State of Colorado, which has been admitted net interested In-they Eollow pm to the United States Mails as second class matter under Act of - Congress, of March 3, 1879. posed Change of'Zolio' 2 2. That the said The Greeley Booster is printed and published ed to attend and: be"heard. ' at regular intervals, one time each week, on Friday, and that it DOCKF'T No: 62 has a general circulation in the County of Weld, and elsewhere. 3. That the said The Greeley Booster was established and has - Edwin.S. Senders been printed and published in said county uninterruptedly and BpY 235 continuously during a period of at least fifty-two consecutive weeks Morrison Colorado 80465 next prior to the first issue thereof containing said DATE; February,6, 1971 TIME: 2:00 o'clock P. M. a copy of which is hereunto attached. 4. That the said The Greeley Booster is a weekly newspaper Request: Change of Zone from of general circulation, and is printed and published in whole or in "A" Agriculture District to- "1.EV UD" Mobile Home Unit Develop. part in the said County of Weld in which said mew, • The South 1365.00 feet of the -. is required by law to be published, a copy of which is hereto at- North 1395:00.feet of the West tached. One-half of the Nor'teast Q1taro 5. That the said The Greeley Booster is a weekly newspaper ter of Section 16;f-own.hip 1" within the meaning of "An Act Concerning Legal Notices, Adver- North, Range 63 Wesl:. of the tisements and Publications and Fees of Printers and Publishers 6th Principal Meridian, Weld .. Thereof and to Repeal all Acts and Parts of Acts in Conflict with County, Colorado,' ,containing the Provisions of this Act,"being Chapter 139 of the Session Laws 41.60 acres, more or less. of Colorado of 1923 as amended by Chapter 113 of the Session Laws of Colorado of 1931, and later amended by Chapters 155 to Dated: December 23., 1970 156 of the Session Laws of Colorado of 1935. THE BOARD OF 6. That the said annexed C COUNTY COMMISSIONERS was published in the regular and entire edition of The Greeley WELD COUNTY, COLORADO Booster, a duly qualified weekly newspaper for that purpose,with- in the terms and meanings of the above named Acts. By: ANN SPOMER 7. That the said annexed COUNTY CLERK AND .. RECORDER AND is a full, true, and correct copy of the original which was regularly published in each of the regular and entire issues of said news- CLERK TO THE. BOARD paper, a legally qualified paper for that purpose, once each week, on the same day of each week, for successive weeks Published in The Greeley. BOOS- ; o ter December 25, 1970 and Jan. by insertions and that the firiscpµbhcation thereof ary 29, 1971 was in the issue dated - s that the 1 blication w -r ,,tss t iOeG/et Subscribed and sworn to before me this day of 19 i'l...v ./ ' '__„2r 1� . ,/ / !,� ,'W. 46dTieE �, .- r. Lei �•-,•.✓- i. Pursuant to the zoning laws of r ' r9 1 the State of Colorado, a publi/ c ` 7 -.... _ __-_ ,, L I- C 11 }t!{.- _ >"(... •,hearing •will be held in •the Dis- . tract'Court 'Hearing Room, Fourth �,� �j� �.�� P'laor, Weld (Sotm₹y Court House. �� s,, ,,,,,, �KC " 2 leer,, '" '`-" `"""' _-'Greeley; Coimrado. st the time / _✓ c. I,specified. All persona m any.man- // a_lic1,-,L... — i�0 ,?2.S E0 jR7PreaL'({-.r_ CULL (oh;finer interested in the following,Pro- posed Change of Zone are request- 1.6/7/ 7OI ed to attend and may be heard. __ DOCKET No. e2— I Edwin S. Sanden s Box 215 /� ( ,; ._/t.�,^3 ( G__' / _f �- - . I .? 40 .'v R°1)'.:_ I'i . ._Der.V V_E?t- `pc-C Morrison, Colorado 80465 - DATE: February 8, 1971 ,, ,67 .i.f .. • z ,TC- . . . � �ti c,c1 TIME: 2:00 o'clock P. M. Request: Change of Zone.from / -" ( __, . } _ 0....e 'A' Agriculture Distrito to 'MH- ( "-'-" - '- - ///7 UD' Mobile Home Unit Develop-Li,/ V '' Iii The South 1355:00 feet of the I `/ i , , • / North 1395.00 feet of the West !-?� .S:l.�-�-�-� _:.. :.. .- One-half of the Northeast Mar•.. / t -- ter of Section 16, Township 1 I• 2<scc,� ' //'fir -- I (. `, r North;: Range 68 West of the .. r H.-, .. - 'i '- L -�' 6th Principal Meridian, Weld / � .... .4 _. _ i {}'•��\ C.? 1-t--e, ,. - County, Colorado, containing G �kJ w"7r " / _ _ .1 �� v == ._.. 41.60 acres, more or.less. L I 1 - Dated: December 23, 1970 I I 4 /`� /' �,µi/y. - t71•'_-. _._.... --. �I� -,Y �. _L- _s.�s1- . c THE BOARD OF Iii — P ,4. COUNTY COMMISSIONERS 7) , - - WELD COUNTY, COLORADO 2///CZ1 W'i-c'c,� '"l�.ti . _ ,;, / -TI .-{ `!`'^ >_ l-"'_"..r .._. BY,. ANN SPDMER y /' _- i&e,, (C-6 -_ COUNTY CLERK AND , //'-',2,1(.)-L,,,,,,..29 i /,y,.,� ��-'� t/_J //)� ,;7 i `7 �� RECORDER AND / X21 4„ �/ ,�?,��^ / ,�c��1`'"�"� c ., CLERK TO THE BOARD Y,�^-`�`-"`�'��- , �fA L :�' / 5`- & <ii2_ / Published in The Greeley .Boos- / ._. .� - / —— ter December 25, 1970 and Tartu- / ,✓,� - 0 <<, /J. or, 2$, 1991 71> >) 4fre -J ./.., / r C - z r / ,�. 79 I ._ ant-7140 II& ficw t cs-, e& i t �i3- 5,,e I, G 7 i S I ,s-. ` :. ` t1,`�' i.c_2„ 4'l O /t ,I February 8, 1971 I hereby certify that pursuant to a notice dated December r23,ng 1970, duly published December 25, 1970 and January 29, 1971, public hhad on a request for a Change of Zone as requested by Edwin S. Sanden, at the time and place specified in said notice. The e1idence presented was taken under advisement. r ATTEST: is✓ �,,,,n en) / MA E'! COUNTY CLERK ;AND RECORDER ! AIRMA CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DOCKET NO. 62 APPLICATION OF EDWIN SANDEN, ) REPORTER'S TRANSCRIPT for Zoning Change . ) APPEARANCE S: MR. SAMUEL S . TELEP, Attorney at Law, Greeley, Colorado appearing as County Attorney for the Board of County Commissioners , MR. PHILLIP F . ROAN, Attorney at Law, 2325 West 72nd Avenuq Denver , Colorado 80221, appearing on behalf of the protestant, Mr . Heater. Pursuant to Notice published in the Greeley Booster on December 25th, 1970 and January 29th, 1971, hearing on the above application was held in the District Court Hearing Room, Fourth Floor of the Weld County Courthouse , Greeley, Colorado, on Monday, February 8, 1971 , at the hour of 2:00 o'clock p .m. , before the Board of County Commissioners , Marshall Anderson, Chairman, Harry Ashley and Glenn K. Billings , members of the Board. Joseph J . Rusk Certified Shorthand Reporter Weld County Courthouse Greeley, Colorado CHAIRMAN ANDERSON: We will call this hearing to order. February 8th, 1971, at 2 :00 o 'clock, Docket Number 62 , Edwin H. Sanden, Box 215 , Morrison, Colorado. Request of change from "A" agricultural district to "MH-UD" mobile home unit development. At this time , Mr. Telep, would you make the record . MR. TELEP: Thank you, Mr . Chairman. Let the record show that this cause came on for hearing this day, February 8th, 1971, at 2 :00 o'clock p .m. , on the application of Edwin H. Sanden, Box 215 , Morrison, Colorado, requesting a change of zone from A agricultural district to mobile home district, MH-UH, unit development, of a parcel of land located in Section 16 , Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, and containing forty one point sixty acres , more or less , and additionally being described as the south one thousand three hundred and sixty five feet of the north one thousand three hundred and ninety five feet of the west one half of the northeast quarter of Section 16 . Let the record further show that this hearing was duly published as required by law in the Greeley Booster, on December 25, 1970, and January 29, 1971, respectively. Let the record further show that the applicant is present . -2- Let the record further show that there are on file a number of return receipts showing that adjacent land- owners were duly notified of this hearing by certified mail. Let the record further show that we have an attorney and counsel at law, Mr. Phillip Roan, who, as I understand it will represent several of the protestants in the room this afternoon. Let the record further show that there is on file a resolution from the Weld County Planning Commission recommending favorably as to this change of zone. Mr. Chairman, I do believe we are ready to proceed. Perhaps the applicant would like to make an opening statement, or anyone in his stead who wants to tell us why they would like to have this change of zone. CHAIRMAN ANDERSON: We will now hear from the applicant. MR. SANDEN: My name is Edwin H. Sanden, Box 215 , Morrison, Colorado. MR. TELEP: And you are the applicant, are you not, this afternoon? MR. SANDEN: I am. MR. TELEP: You may proceed. MR. SANDEN: Well, it's been about ten months now , I believe, since I first saw Mr . Lorenson in regard to the possibility of zoning of this particular piece of property for -3- mobile homes . To me it looked like an ideal piece of ground for such. It 's completely in weeds and has been for a number of years , as far as I can ascertain. It hasn' t been farmed. And it also seemed from what I could gather that there is a shortage of dwellings in the immediate area of Denver. On that basis , why, as I say, I met with Mr . Lorenson, and he gave me the specifications and criteria that we had to follow in order to set it up. I went back and engaged an engineer, Mr . Adnan of A .A . Engineers , and we proceeded to draw up a set of plans which we thought would be good for the people that would be living there , if it was approved, and also good for the area . There were a number of changes asked and also made , and that's about the way it stands now. We are just ready to hear the pro's and con's of everybody concerned. I believe that is all I have to say. I still think it would be a good development for the area . CHAIRMAN ANDERSON: What water system is going to supply the area? MR. SANDEN: Lefthand water is at the present time . They have told me and they also said that they had informed the planning commission that they had the storage , and they had the pipe facilities , but that their filtration plant was not capable of taking on any further loads at the -4- present time. But they were in the process of having engineering studies drawn up on that . And they didn ' t know just how soon it would be , I don' t know how long it might delay any occupation of the court, because they didn' t know themselves . But they said that they would service the area . CHAIRMAN ANDERSON: Is that verbally or in writing? MR. SANDEN: That was verbally. I don' t know whether it was in writing to the planning commission or not. CHAIRMAN ANDERSON: What about the sewage, how are you going to handle the sewage? MR. SANDEN: I am going to build my own plant. MARSHALL ANDERSON: Do you have any plans for the plant? MR. SANDEN: There should be plans on file. I didn' t bring a set with me . Mr . Paul has seen them and okayed them. It 's a lakeside aeration system is what the sewage plant would be . MR. LORENSON: Well, Mr . Chairman, as to the detailed plans of the aeration system, we do not have them . And also , Mr. Chairman, regarding the letter from Lefthand water, we have only received one communication from them so far in writing, and that has been to the effect that they are unable to serve this site with water at this time . CHAIRMAN ANDERSON: Do you have any questions? -5- MR. BILLINGS: Were you, Mr . Sanden, in requesting this change of zoning from agricultural to mobile home unit development, are you also going to develop this , or are you asking for a change of zone and then - - MR. SANDEN: No, I hope to develop it. MR. BILLINGS: You are going to develop it yourself? MR. SANDEN: Yes , sir. MR. BILLINGS: Do these plans , Mr . Lorenson, come up to our specifications as far as road and utilities are concerned, asphalt roads? MR. LORENSON: There are development requirements on the road. And the statement is this , streets , under the official unit development restrictions , streets and sidewalks as per planned, street maintenance shall be the responsibility of the owner. And they have shown a typical street arrangement. These are less than the normal standard requirements regarding widths . However, these are private streets and will be maintained by the operator. Paving and curb and gutter is required. CHAIRMAN ANDERSON: Is off street parking provided? MR. SANDEN: Yes , sir, there are two spaces for each plot. MR. LORENSON: Yes , that is as stated under -6- the requirements . If you wish, I will hand over to you the requirements . The utilities have been before the utility coordinating board, and the layout and alignment of the utilities has been approved. CHAIRMAN ANDERSON: Do you have anything to add to that, Mr. Sanden? MR. SANDEN: I believe we have tried to do everything to comply, as I said, with the requirements . The size of the plots , the smaller is forty eight by ninety five , which is above the , way above the requirement. And we wanted to make it so that it would accommodate any trailer home that was built. CHAIRMAN ANDERSON: Does anyone else have anything for the applicant? MR. ASHLEY: What are you going to do if you can't get this Lefthand water? MR. SANDEN: Pardon? MR. ASHLEY: What are you going to do if you can' t get this Lefthand water? MR. SANDEN: Well, that I suppose would stop it right there , although they have assured me, Mr . Schlagel on the board there, that there was no question but what I would be able to get the water . It was just a question as to how soon it could be supplied to me . And he said that -7- they probably would not know that as an absolute fact until June, more than likely, by the time they got their engineer surveys and plans and what have you, drawn up. CHAIRMAN ANDERSON: How far do they have to bring this water? MR. SANDEN: One quarter of a mile , an eight inch main running a quarter of a mile to the east of this property. We have a two million gallon storage tank a half a mile , one mile south. CHAIRMAN ANDERSON: Any more questions? MRS. CLOUTIER: Frances Cloutier , Fair Realty Insurance, 6435 West 55th Avenue, Arvada , Colorado. I own the Erie Liquor Store. CHAIRMAN ANDERSON: At this time, madam, we are listening to the applicant, and the protestants or anybody that has any objection to this will be heard. We are going to try to keep this in order . Does anyone in the room have anything to say for the applicant? Do you have anymore to say? MR. ADNAN: My name is H. S . Adnan. I am with A .A . Engineers and Associates of Denver . I have been retained by Mr . Sanden as an engineer for the designing of this mobile home unit development under the planned unit. I started sometime in March of 1970 and have been working closely with Mr . Lorenson to comply with all the specifications as a mobile -8- unit development, and later changed into a planned unit development. So the purpose is to actually keep and follow in detail what is required in the specifications of a planned unit development. And I am of the opinion, as a planning designer for a mobile home unit, that the area as already has been stated by Mr. Sanden, would be ideal for a mobile home unit under the planned unit development. Thank you. CHAIRMAN ANDERSON: Is there anyone else for the applicant? If not, we will listen to the people objecting to it. MR. ROAN: Mr. Commissioner . My name is Phillip Roan. I represent some of the people that are in opposition to the proposed mobile home development. I wonder if it would be permissable if I could ask Mr . Sanden some questions regarding this . CHAIRMAN ANDERSON: Sure . BY MR. ROAN: Q Mr . Sanden, at this time I believe you stated, and it is correct, that you have no firm arrangements to provide water for your subdivision, is that a fair statement? A I don't have a contract with Lefthand Water , no. Q As a matter of fact, it's been pointed out that Lefthand Water at this time probably doesn' t have the capacity to serve you, would that be fair? A I stated that, yes . -9- Q Yes . And have also stated that you won't know until June of 1971 , whether or not they do have the capacity to serve you, approximately then? A No . Q I am sorry. A I said they wouldn' t know just how soon they could enlarge their facilities to serve us , and probably they wouldn' t know until June . Q I am. sorry . I will rephrase it . They won't know until June whether or not they can serve you? A That is the last word I had on that. Q That is June of 1971? A Right. Q Did you submit a proposed construction schedule with theapplication that you have submitted? I went through the application, I couldn' t find it . I just wonder if you did, perhaps I overlooked it. A There is a three year - - Q Now, am I correct in reading the official development plan , that the area in white is the area proposed to development within three years , and the area that is still in the blue would be the area that, the entire area you propose to develop? A Well , that was , at the present time all we are talking about is this . There is no thought given to the others -10- outside of that . They did allow me , as long as I had these prints drawn up , to darken the area that wasn' t going to be used so we didn' t have to run another set . Q Right . That was I think what I was trying to understand. The white area is the area that you propose to develop? A That is what we are talking about, yes . Q Within the three year period of time? A Right. Q Even though you don't know now how you are going to provide water to it? A I feel I know. Q Would you tell us? A Yes , Lefthand Water. Q Lefthand Water? A Yes . Q The sewage treatment plant that you plan to give the sewage that is going to be generated by these homes , is that primary, secondary, or tertiary, or a combination of three? A It's complete sewage . Q When you say complete sewage, you mean that also includes phosphates from the water, that is the tertiary treatment, the third stage of treatment? A It 's the same as used by other cities . I built one for the town of Morrison a year and a half ago. Q What kind of a plant are you putting in there? -11- A An aeration. Q Aeration? A Right . Q Could you tell me something more about it, how it operates? A It operates by inserting air into the sewage. Q Then what happens? A It just eats it up . Q It 's a retention pond, open lagoon? A Not in this case. Q Excuse me? A There is a planned building to enclose it . Q Enclose all the sewage treatment? A Yes . Q Where will the effluent go from the sewage treatment plant? A Well, it will go back into my irrigation system. Q For? A Maintaining the park area and the lawn. Q Maintaining the park area and the lawn? A Yes . Q Do you have any idea of what the capacity of your treatment plant will be? A It was rated at about two thousand people . Q The plant that you ate proposing to build for fifty thousand dollars , as I read your schedule? -12- A Yes . Q Will handle the needs of two thousand people for sewage treatment? A Yes . Q How many people are you going to have in the mobile home park when it 's fully developed? A I wouldn't be able to tell you. Q Ten thousand, five hundred? A We have one hundred and ninety spaces . Q Do you have any figures of the average number of people per space? A I would say probably three. Q So about six hundred people would be a fair estimate? A Yes . Q And you are providing treatment for two thousand? A Yes . Q Who approved those plans? I notice they were approved. A Mr . Paul . Q Excuse me? A Mr. Paul. Glenn Paul. They were approved by the State, as I understand it . Q I just saw Weld County's approval on there. I didn 't see the State 's . Isn' t it true that the planning commission recommended this development favorably to the county commissioners premise,: upon your obtaining a water supply and sewage treatment, both items , is that -13 - correct? A I have a sewage treatment. Q I understand you have a sewage treatment. I am asking if they didn ' t recommend it favorably to the county commissioners , based upon both utilities being provided? A That' s right. Q Okay. Have you given any thought to the drainage , the run-off in that area , what is going to happen to that? A What run-off are you talking about? Q Well , when you have a paved area , when you develop the mobile home park, the run-off , the water run-off , say from rain or a snow storm? A You mean that is going to increase the run-off? Q About one hundred percent. A More rain or - - Q But it will increase the run-off one hundred percent. You have got bare land, isn' t that correct? A We have a pond there, retention pond. Q You have a pond? A Yes . Q That is going to retain the drainage , is that correct? A I don' t know. Q You don' t know? A Has it in the past? Q I don' t know. A Well , for the same reason I don' t know. Q I see. You didn' t make any investigation of that? -14- A I don' t think there is any necessary. Q I see . Fine . There are homes near you, near this area , is that correct? A There are afew, yes . Q Do you know how that area drains at the present time? A I have seen the maps . Q Could you tell me , just general directions? A According to the geological maps it runs a little to the northeast. Q Drains to the northeast? A Right. Has ever since time began. Q And then if I understood you correctly, when you are asking the commissioners to rezone this , you are asking primarily the rezoning for two reasons , one, because it looks like ideal ground for mobile homes ; and , two, because you understand that there is a shortage of dwellings in the immediate area of Denver . I took down what you said, is that correct? A If you took it down it must be. MR. ROAN: Thank you. That is all . Nothing further . CHAIRMAN ANDERSON: Counsel, who all do you represent? MR. ROAN: I represent Mr. Heater and Mr. Easton. MR. TELEP: Would you state their names? -15- MR. ROAN: Lewis Heater. MR. TELEP: And ascertain exactly where they live with relation to the proposed location sought to be rezoned. MR. ROAN: Yes , I certainly would. Would you state your name and address for the Commissioners , please , sir . MR. HEATER: Lewis Heater, Route 1, Erie . MR. ROAN: And how near to the proposed development do you live? MR. HEATER: A quarter of a mile - - one half mile and one quarter of a mile . MR. TELEP: Please talk a little louder so the reporter can hear you. MR. HEATER: A quarter of a mile, I have one home a quarter of a mile and one a half mile. MR. ROAN: What direction is the home that you own, the one that is a quarter of a mile from this development? MR. HEATER: One would be a quarter mile to the east and one would be a half mile to the west. MR. ROAN: Mrs . Murphy, would you please state your name . MRS . MURPHY: Kathleen Murphy, Route 1, Box 176 , Erie , Colorado. We are located right directly across the street to the north from the area , particularly right -16- across the street from the land there . MR. ROAN: Thank you, Mrs . Murphy. Mr . McGee . MR. McGEE: Here . MR. ROAN: Would you give your name. MR. McGEE: Don McGee , Box 181, Erie , Colorado. MR. ROAN: Where do you live in relation to the proposed development? MR. McGEE: Within a half a mile of the property. CHAIRMAN ANDERSON: Which direction? MR. McGEE: That would be towards the west . MR. ROAN: Mr . Wesselman. MR. WESSELMAN: Yes . Clarence Wesselman, Box 182A . My land borders the east side of the proposed site . CHAIRMAN ANDERSON: Is your house next to it, or is it on the other side of the property? MR. WESSELMAN: No. The way my land lies my house would be actually to the east of my property line , and the park is along the west side of my property line . So we are about three hundred feet, from the house to the park. MR. ROAN: Mr . Commissioner, I might point out, I have a sketch here that has been prepared by my client that I propose to introduce as soon as I get an opportunity to call Mr. Heater. -17- That is all the questions I have . I am sure there are other people that want to speak in opposition to this . Would you like to have their names now? MR. TELEP: I think, Mr. Roan, as long as you have your client there, and as long as you can ascertain with reasonable certainty that he prepared that , and if you could identify it for identification purposes , why you may introduce that into evidence, and the Commissioners will give it what weight they deem necessary. (Protestants ' Exhibit 1 was marked for identification by the court reporter . ) MR. ROAN: Mr. Heater , I am going to hand you what has been marked for identification purposes as Protestants ' Exhibit 1, 2-8-71, number 62 , and ask you if you can identify that , please . MR. HEATER: Yes . MR. ROAN: And what is that, Mr . Heater? MR. HEATER: A map of the area . MR. ROAN: Who prepared that map? MR. HEATER: Myself and Mr . Murphy. MR. ROAN: Is ita scaled drawing, or is it just a sketch of the area? MR. HEATER: It's just a sketch. MR. ROAN: It 's just a sketch? -18- MR. HEATER: Well, pretty well to scale. MR. ROAN: What does it indicate? MR. HEATER: All the slope of the land that drains to the north to his holding pond, his proposed holding pond. MR. ROAN: Does it indicate also the name of the property owners and their relationship to the site of the proposed development? MR. HEATER: All of it, yes . MR. ROAN: All right . Fine . MR. TELEP: Mr . Sanden, do you have any objection to this being introduced into evidence? MR. SANDEN: No, I don't think so. MR. ROAN: It's a sketch that Mr. Heater has testified to. MR. TELEP: It will be accepted for that . MR. ROAN: Thank you, Mr. Telep . CHAIRMAN ANDERSON: Now, at this time we would hear from anyone else opposing this project. MR. ROAN: Mr. Commissioners, what I would propose to do would be to call Mr. Heater and all the other people that are opposed to this project and examine them briefly, if I might do so. Mr . Heater , would you take the witness stand please . -19- LEWIS HEATER being produced, and being first duly sworn, testified upon his oath as follows : EXAMINATION BY MR. ROAN: Q Would you state your name and address for the Commissioners , please . A Lewis Heater. Route 1, Erie . Q Mr. Heater , directing your attention to the proposed mobile home rezoning that has been proposed by the developer, Mr. Sanden, are you familiar generally with the area on which that proposal is going to take place? A Yes . Q If granted by this Commission? A Yes . Q You are? A Yes . Q How long have you resided in that general area? A About eight years . Q And where is your property located in relationship to this proposed development? A I have one property a quarter of a mile to the east. Q How many acres is that? A Five acres . And one a half mile to the west. Q And how many acres is that comprised of? A Ten acres . Q Where is your home place? -20- A The one to the west, ten acres . Q Will you tell the Commissioners specifically what it is that you are concerned about with the development of this property for mobile homes? A Well, we moved out in the country to have some peace and freedom, and to come in with two hundred units , we don't feel that the kids would have the freedom on the roads , whatever they want to do . Q Do you think it 's going to adversely affect the value of your property? A I am sure it will. Q Are you concerned about the utility service to that area? A Well , he will rob all the future plans for development for any domestic water to have any nice homes in the area . I don't think Lefthand would have any facilities left if they took on this mobile home . Q Are you acquainted with other mobile home developments that have been proposed in that area to be served by Lefthand? A No. Q Can you tell the Commissioners what you knowabout the drainage of this particular piece of property? A The land slopes to the north, and many a time we have saw the water run clear across the county road, right through this pond that he proposes to hold this drainage . -21- With these heavy rains that we get in the spring of the year and with forty acres under blacktop and gutter , I don' t know where you could hold this water . This would wash the Murphy people clear out below. Q What school system is this served by? A St. Vrain. Q St. Vrain? A Yes . Q Do you have any idea how they feel about this development? A Well , I know it won' t flood the school. MR. BILLINGS: By that, do you mean flood the school wi diwater or children? MR. HEATER: Children. Q (By Mr. Roan, continuing) Go ahead. A Our phone service isn' t very good in there . I don' t know how the telephone company could take on a mobile home court on eight party lines . (Protestants ' Exhibits 2 through 5 were marked for identification by the court reporter . ) Q (By Mr. Roan, continuing) Mr . Heater , I hand you what has been marked for purposes of identification, Protestants ' Exhibit 2, 2-8-71 , number 62 , and ask you if can identify that document? A Yes . Q And what is it , please? -22- A A petition. Q A petition for what? A Opposing the mobile home court . Q All right. Did you circulate that petition? A Yes . Q Did you see all of the names on the back affixed to that petition? A Yes . Q And they were affixed in your presence? A Yes . MR. ROAN: Mr . Commissioner , at this time I would offer Protestants ' Exhibit 2 , being a petition bearing twenty five signatures . MR. WINCHELL: Is it possible to ask any questions at this time? CHAIRMAN ANDERSON: You will have a chance later on. MR. TELEP: After he is finished on direct examination you may have an opportunity to cross examine . CHAIRMAN ANDERSON: Do you have any objection to the petition? MR. SANDEN: I don't believe any of the statement: are true on the back on this . MR. ROAN: Mr. Commissioner , the only thing that I would state to the Commission is that the face of -23 - the petition contains conclusions which the petitioners believe in all sincerity to be true , as they circulated these petitions . Whether or not these gentlemen agree or disagree with the assertions on the face of the petition are not material. It is not a valid reason to object to the admission of the petition. CHAIRMAN ANDERSON: Are you through with the witness? MR. ROAN: I will be in a few minutes . MR. TELEP: Mr Winchell , do you have any questions? MR. WINCHELL: Yes , I have some questions about this petition. MR. TELEP: Let the record show that Mr. Winchell is going to propound questions to the witness on behalf of the applicant, Mr. Sanden. Okay, you may proceed and cross examine on that petition. BY MR. WINCHELL: Q Your name is Lewis Heater , is that correct? A Yes . Q On this property, or on the section of this property, does this property encompass your property that we are talking about? A The mobile home court? Q Yes . A No, it don' t . -24- Q Is your property located on the quarter section that Mr . Sanden is purchasing, I mean is it in that section or is it out of that section? A In that section. Q Would you be able to recognize your property? A Yes . Q Thank you. At any time have you offered or made an offer to purchase this property? A On this? Q Not from him, from the owners of the property? A Yes . Q You did? A Yes . Q Okay. What was the result of this offer to purchase? A Mr. Sanden made a commitment on it and took an option on it, that dropped me . Q Dropped you. What do you mean by the expression dropped you? A Well, Mr. Sanden took an option on it, didn' t you? MR. SANDEN: Yes . A And a proposed trailer court. Q (By Mr. Winchell, continuing) Well, to whom did you make the offer? A The landowner . Q The landowner? A Yes . -25- Q And who is the landowner? A Mr. and Mrs . Sheets . Q Were you alone making this other offer , or were there others? A I was alone making this offer. Q I mean were there others in the deal, I mean were - - CHAIRMAN ANDERSON: I don' t think we need to know that. MR. TELEP : Mr. Winchell, it was the feeling, I am sure , of the Board, that you were going to cross examine the witness as to the persons on that petition. MR. WINCHELL: I beg your pardon, sir. MR. TELEP: You are going far beyond the direct. Why don' t you stay within that . Do you have any questions about the names or whether they are the right names or whether he actually saw them sign, and things of that nature? I am sure the Board will give that particular instrument whatever weight it deems that it should. Thank you. Q (By Mr. Winchell, continuing) Has the water been drained, where has the water been drained at present from this property? A To the north across your proposed pond there , across the county road . Q Well, may, I don't know whether I should ask this question -26- or not, but why would it be any different with a trailer court than it is at the present time? A Well , you are going to increase that run-off , forty acres of run-off . MR. ROAN: I am going to object to the continued line of questioning . I think it was pointed out quite properly by Mr. Telep as to the questions that Mr . Winchell could ask on this thing . It 's argumentative with the witness , to begin with . MR. TELEP: We understand. We try to adhere as best we can to the rules of civil procedure . But this is an administrative hearing, and even though there may be some connection here , I am sure the Board will try to connect it up the best they can. Maybe perhaps the gentleman would like to connect it up . There is some question about drainage. So if he wants to cross examine within the area of drainage, go ahead, continue . MR. WINCHELL: The reason I bring this up is because on the north side of the road there is a regular area where water has run for some time. MR. ROAN: I am going to object to him making statements . If he wants to testify I will be happy to cross examine him. MR. TELEP: It has been established that the drainage , general drainage is to the north. I don' t know -27- what you are trying to accomplish by this line of questioning. MR. WINCHELL: May I ask another question. Q (By Mr . Winchell , continuing) The longest, the farthest person, how far does the farthest person live from this property? A From that pond? Q From the property in question . MR. HEATER: Mrs . Murphy, how far do you live from that property? MRS. MURPHY: Across the street, about thirty five, forty feet at the most. MR. TELEP: Okay. Would that be your answer? MR. HEATER: Yes . MR. TELEP: He asked you. If you don 't know, say I don' t know, okay? Thank you. MR. HEATER: Okay. MR. SANDEN: May I say something. MR. TELEP: Go ahead. You have the floor now . MR. SANDEN: They state here that it will create a waste water drainage problem. MR. TELEP : Yes . MR. SANDEN: I am going to have it underpumped anyway, to irrigate my property. So it will take very little to run that line , have a relief line from there -28- to the irrigation ditch. And I am sure some farmer down the line would make good use of any water that I pump back up the hill and return to the irrigation ditch. So there could be no problem. MR. TELEP: Mr . Sanden, may I make an observation here. That particular petition, and I haven' t seen it, and it has been sufficiently identified and marked for identification purposes . And the reasons on there are the reasons why these particular people are against you. When that is received, if it is received in evidence, and it 's been offered, subject to your objection, or whatever you will, why then the Commissioners , as I said before, and I will reiterate at this time, they will give it whatever weight they feel is necessary, okay? Do you want to answer to something? MR. SANDEN: I will let it be admitted. MR. HEATER: I had a question. MR. TELEP: Go ahead. MR. HEATER: He made the remark irrigation. Well , we only irrigate only eight months out of the year, so what do you do with the other four months of water? MR. TELEP: Do you have any other questions? MR. SANDEN: No. MR. TELEP: Do you have any objection to that instrument being offered into evidence? -29- MR. SANDEN: No. MR. TELEP: For what it 's worth. MR. ROAN: For the record, I didn't hear his answer . MR. SANDEN: No. CHAIRMAN ANDERSON: Exhibit 2 will be accepted. MR. ROAN: I have no further questions of Mr. Heater, Mr. Commissioner . CHAIRMAN ANDERSON: Do you have any further questions of Mr. Heater? MR. WINCHELL: No. CHAIRMAN ANDERSON: Do you have any more witnesses? MR. ROAN: Yes , your Honor, I certainly do. CHAIRMAN ANDERSON: You may step down, Mr. Heater. MR. ROAN: Call Mrs . Murphy. KATHLEEN MURPHY being produced, and being first duly sworn , testified upon her oath as follows : EXAMINATION BY MR. ROAN: Q Mrs. Murphy, would you state your name and your address for the Commissioners . -30- A Kathleen Murphy, Route 1 , Box 171, Erie, Colorado . Q Mrs . Murphy, I am going to hand you what has been marked for identification purposes as Protestants ' Exhibit 4, 2-8-71, number 62 , and ask you if you can identify that document? A Yes, I can. Q And what is it? A It 's a petition for , well, to protest against the rezoning of the property across the street from us . Q Except for the signatures contained on the signature page , is the front page identical to the petition that was just submitted to the Commissioners? A Yes, as far as I know. Q How many signatures appear on that petition? A On this one? Q Yes , ma 'am. A Twelve . Q And you saw everyone subscribe their names to that petition? A Yes . MR. ROAN: I would offer Protestants ' Exhibit 4 in evidence at this time . CHAIRMAN ANDERSON: It will be received. MR. ROAN: Thank you. Q (By Mr. Roan, continuing) Mrs . Murphy, where do you live in relation to this particular development proposed by Mr . -31- Sanden? A Directly across the street north from the proposed property. Q And how long have you lived there? A Oh, it was three years in September. Q What use have you seen the property that is now proposed for mobile home parks put to in that three year period? A Well , outside of the fact that the people that presently have the five acres where the pond is located and enlarge the pond a little bit, none . Q You know the present owners of the property, Mr. and Mrs . Sheets? A Not Mr. and Mrs . Sheets . Now, the property that I happened to mention are Mr. and Mrs . Farerstone. Q You are talking about the five acres? A I met Mrs . Sheets at one time once . Q They are not actually engaged in doing anything with that property? A They are notfanwing it or anything, no. Q Will you tell the Commissioners specifically what it is and why you protest this particular development of the property? A Well, outside of the fact that come any rain, particularly heavy rain or anything , it could cause a considerable amount of damage to our land if there is any overflow at all -32- whatsoever from that pond across the street. And coupled with the fact that it is going to overcrowd the schools , and we just got off split sessions , and would kind of like to keep it that way. And the fact that there is not enough police or fire protection out there to make it feasible to make that many more people come in. And of course then the main reason is with that pond, any good rain, when there is no ground for that to soak into , that is going to end up , all that drainage is going right in our front pasture and it's going to end up all in our front yard more or less . Q How many acres do you have? A Fourteen . Q Do you farm it or pasture land it? A We pasture it and farm it for our own use . We are not in any commercial venture , but it 's for our own livestock and our own purposes . Q In the three years that you have been there , has your land been subjected to any flooding from that particular piece of property? A Not to any damage . We have a low area in this pasture there that has water standing in it, and it depends on how full that pond across the street is , how much water there is that will stand in our pasture. If the pond is down low, and during a dry period, our pasture is usually -33- dry. If the pond is full , there is water standing in our pasture even now. Q Have you seen the pond overflow across the road? A I haven' t actually seen it overflow across the road, no. I have seen it where there has been water standing in the road and then waterrunning in a regular stream through our pasture to the underground seepage . But I have never seen it flowing across the road. Q To yourknowledge has the school district constructed any new schools since this trailer park has been proposed? A Well , they just finished a new addition to the Erie School there to take care of the present load, and eliminate the use of the split session for the first two grades . Q Do you know whether it had any additional capacity built into it to handle another two hundred families? A Not that many, no, not another two hundred. They have additional capacity for the normal ones that would be coming in from the valley there, without any influx or tremendous influx of say two hundred families . It couldn' t handle two hundred families . In fact, Mr. Anderson, the principal at the school, said the board of education wasn' t allowed totake a stand on it, but he himself personally was very much against it because of what it would do to the school. He told me that this morning . MR. ROAN: Thank you, Mrs . Murphy. I have -34- nothing further of Mrs . Murphy. CHAIRMAN ANDERSON: Do you have any questions? MR. WINCHELL: Mrs . Murphy, may I ask you a question, please. MR. MURPHY: Yes MR. WINCHELL: Do you have domestic water at your place? MRS . MURPHY: Yes , we do. We have Lefthand Water. MR. WINCHELL: That is all. MARSHALL ANDERSON: Mrs . Murphy, are you in the Erie Fire District? MRS . MURPHY: No, we are not in the Erie Fire District. As far as I know right now we are in the Longmont Fire District, because Erie is just the town itself . And we are outside of the city limits . CHAIRMAN ANDERSON: Any further questions? You may step down. MR. ROAN: Thank you, Mrs. Murphy. Call Mr . Easton. JAMES W. EASTON being produced, and being first duly sworn, testified upon his oath as follows : EXAMINATION -35- BY MR. ROAN: Q Would you state your name and address , please . A James W. Easton, Route 1 , Erie , Colorado. Q Mr . Easton, I hand you what has been marked for identification as Protestants ' Exhibit Number 3 , 2-8-71, number 62 , and ask you if you can identify that document? A Yes . This is a petition against the mobile home court which I took around in my neighborhood, and I live one mile north, directly north of this proposed mobile court. And these people, these signers that I got all live a mile north, except three parties which live a half mile north back in the field . And there are, they all are home owners . Everybody that has signed it is a home owner. Q And you saw all the signatures? A I saw all the signatures on the petition personally. MR. ROAN: I would offer the exhibit at this time. CHAIRMAN ANDERSON: It will be received. MR. ROAN: Thank you very much. CHAIRMAN ANDERSON: Exhibit Number 3 is accepted. Q (By Mr. Roan, continuing) Mr . Easton, how long have you lived in the area that you testified to? A About seven and a half years . -36- Q Are you familiar with the piece of property that is proposed for mobile homes? A I am, yes . Q Do you know the present owners of that property? A I understand it is Mr. and Mrs . Sheets . However; I never met the parties . Q Would you tell the Commissioners what your objections to the proposed mobile home rezoning are? A Well, the same as stated on that (indicating) the drainage, the water, the - - another thing is the school tax. I think the property owners at the present time has more than his fair share of school tax . In fact, my taxes this year was two hundred and ninety dollars , and two hundred and twenty seven dollars of thatwent to school tax. I don't feel that a mobile home court will pay their fair share of school taxes . Q One other question , Mr . Easton. Were there some other people that came here with you, your wife or daughter or something? A No, just two neighbors . Q Two neighbors? A Yes . Q Okay. A Do you want their names ? Q Yes , please. A Mrs . - - -37- MR. TELEP: Mr . Roan, if what they would testify to if given the opportunity would have been the same, we will just note that, unless they would say something other than what we have heard. But anyway, just get the names and addresses . MR. ROAN: Mrs . White. MRS. WHITE: Ruth M. White. MR. ROAN: Mrs . White, how far do you live from the subject property? MRS. WHITE: About a half a mile to the north. MR. ROAN: Would you say anything any differently than Mr. Easton or the other witnesses that testified before you would say in regard to this if I were to call you to the stand? MRS . WHITE: No, sir. MR. ROAN: You would say the same thing, you would object to it for about the same reasons? MRS. WHITE: Yes . MR. ROAN: And your name , ma 'am? MRS. SAYLOR: Barbara Saylor. I have one thing to say. MR. ROAN: All right . Then maybe we better have you sworn. Thank you very much, Mr. Easton. I have no further questions for you. -38- CHAIRMAN ANDERSON: Mr. Easton, just to clarify what Mrs . Murphy said, are you sure that is in the Longmont Fire District? MR. EASTON: My understanding is that we are in the Lafayette Fire District. Erie voted one time on taking us in, including us in their fire district. And they voted it down, I do know that. But my understanding was that we were in the Lafayette . However, we have been fortunate . We have never had a fire out there . MR. BILLINGS : Which are you closer to, Longmont or Lafayette? MR. EASTON: Well , actually there isn 't a whole lot of difference, maybe just a little bit closer to Lafayette . Actually I am eleven and a half miles from Longmont and I think approximately ten miles from Lafayette. CHAIRMAN ANDERSON: All right. Are there any more questions? MR. WINCHELL: Mr . Easton, it would appear from your testimony that your primary interest in this case is the fact that the school district, the possibility of the school taxes going up , is that correct? MR. EASTON: Yes . MR. WINCHELL: Thank you. MR. ROAN: Thank you, Mr . Easton. CHAIRMAN ANDERSON: You may step down. -39= MR. ROAN: Call Mrs . Saylor. BARBARA SAYLOR being produced, and being first duly sworn, testified upon her oath as follows : EXAMINATION BY MR. ROAN: Q Would you state your name and address , please . A Barbara Saylor, Route 1, Box 201A , Erie , Colorado. Q Mrs . Saylor, how near do you live to the proposed development? A Oh, a half mile north, yes , north. Q A half a mile north of it? A Yes . Q You are familiar with the land that they seek to rezone? A Yes . Q All right. I believe when you were sitting back there you said you would say something different than the other witnesses that testified. Why don ' t you tell the Commissioners what that is . A Well, my husband and I have four children and we have lived there for , let's see, a year this last Christmas , and we have just built a new home. Now, we have , the soil, we have noticed, is terrible out there to begin with, because it just doesn 't accept the water . And we -40- had to redig our septic tank because really from over- load on our washing machine, because I wash every day. Now, I don' t know how this building thing, whatever it is that he has , works , but I know that just us alone I have to be very careful. And even with bathwater, they are allowed this much (indicating) . Q You would be concerned about the sewage treatment of that plant that he proposed to put in? A Yes , because how many families are going to live there. MR. SANDEN: One hundred and ninety. Q (By Mr. Roan, continuing) Was there anything else specifically different that you would like to say? A Other than your roads . They just maintain the county road now for us , and it 's a dirt county road . And whether they will come in and asphalt those roads to maintain the rest of the families that will be there I don' t know. But I am really concerned about the soil taking the water. Q Taking the waste water? A Yes . MR. SANDEN: On this it 's no pro .ica.. MR. ROAN: I have nothing further. MR. SANDEN: It isn' t like a septic tank in a leaching field. All the effluent that goes from the plant is perfectly clear. It 's ready to be used again -41- for anything except human consumption, and that is out . But it can be put back for irrigation or anything . So there is nothi_ ; absorbed into the soil . CHAIRMAN ANDERSON: Are there any other questions? If not, you may step down. Counsel , do you have any more witnesses? MR. ROAN: Yes , your Honor. I think we can perhaps speed this up just a little bit. Would you like these people sworn? They are just going to stand up and identify themselves . MR. TELEP: It' s not necessary. Why don't you identify them and ascertain where they live from the subject property, and if given the opportunity they would probably testify to substantially what has already been testified to. CHAIRMAN ANDERSON: Is there anyone that has any different testimony to bring before this Commission other than what has already been brought out? MRS . HAMILTON: Betty Jo Hamilton, Route 1, Box 182 , Erie . MR. ROAN: Perhaps you better be sworn. BETTY JO HAMILTON being produced, and being first duly sworn, testified upon her oath as follows : -42- EXAMINATION BY MR. ROAN: Q Now, once more would you state your name and address for the record, please . A Betty Jo Hamilton, Route 1 , Box 182 , Erie . Q All right . Mrs . Hamilton, where do you live in relation to that property that is sought to be rezoned? A I live about three quarters of a mile to the west . Q And are you familiar with the property that is sought to be rezoned? A No . Q What would you tell the Commissioners in regard to the property, the reason for your protesting the rez.nzing? A Well , we have lived here about six weeks . I have a telephone, I am on an eight party line. I have used it three or four days in that period of time . And with two hundred more families where are we going to get telephone service . Q You are concerned about the telephone service in the area? A Not only that. I mean, but this is something that hadn' t been brought up . And I am just wondering. Q Yes . And in addition to that you would agree to what the other witnesses have said earlier? A Yes , I would. MRS. HAMILTON: I am particularly concerned -43 - about the run-off . I would like to know , this gentleman stated that he would use the , maybe I am not understanding this correctly, but his sewer would be put into a plant , redone, you would use this for irrigation purposes . MR. SANDEN: Yes . MRS. HAMILTON: To put it back into a dicth. MR. SANDEN: No, to irrigate the park property. MRS . HAMILTON: What do you do with it when you don' t need to irrigate? MR. SANDEN: It 's being processed in the plant. MRS . HAMILTON: And where do you save it? MR. SANDEN: It would be continuously used. MRS . HAMILTON: But you can' t use it if you are not irrigating. MR. SANDEN: Like I said, I could pump it back into the irrigation ditch. MRS. HAMILTON: What irrigation ditch? MR. SANDEN: I can' t tell you the name offhand. MRS . HAMILTON: Do you have permission from this person? MR. SANDEN: I own shares . The land includes shares in the irrigation ditch. MRS . HAMILTON: Is this the one that will come down by my house? MR. SANDEN: No. MRS. HAMILTON: Where does it go? -44- MR. SANDEN: It goes on to the northeast . MRS . HAMILTON: But you own shares so you have permission. MR. SANDEN: Pardon? MRS . HAMILTON: You have shares so you have permission? MR. SANDEN: Well , I would think there would be no objection. I haven' t got permission, no. MRS . HAMILTON: You have to have permission from everyone that uses this water, don't you? MR. SANDEN: I don 't know. MR. ROAN: I have no further questions . MR. BILLINGS : The only thing that might help to clarify this , it seems like most of the people here don ' t understand this type of sewage disposal plant that we are talking about. Since Mr . Paul, from the health department is here, maybe you should explain this for the people . MR. PAUL: Mr . Chairman, Glenn Paul from the Weld County Health Department. I have reviewed these plans and it will be an aeration system, and he will irrigate, he will have a lagoon, not a lagoon, but a pond to hold it. And this water, it has to meet the State 's standards , State 's river standards , maybe I should say the Board of Pollution standards . There is no objections to the use of this water for irrigation or -45- for lawns , or back to the irrigation ditch . Now, I am not speaking for the irrigation company. We would recommend this to be used, being this is dry land over there , and I am sure the people could use, in my opinion, they could use this excess water. Is that what you wanted? MR. BILLINGS : That is what I wanted. MR. ROAN: Could I ask Mr. Paul a question now that he has testified? CHAIRMAN ANDERSON: Yes . MR. ROAN: Mr . Paul, this time of the year what would be the use of that water? MR. PAUL: I have no idea . MR. ROAN: It wouldn' t be for irrigation though, would it? MR. PAUL: It could be an irrigation - - MR. ROAN: With snow on the ground? MR. PAUL: And run to the river, yes . CHAIRMAN ANDERSON: Do you have any more witnesses , Mr . Roan? MR. ROAN: I think all of these witnesses should stand up and state their name and addresses . CHAIRMAN ANDERSON: Is there anyone in the room that would say anything different? MR. ROAN: Call Mr . McGee. -46- DON MCGEE being produced, and being first duly sworn, testified upon his oath as follows : EXAMINATION BY MR. ROAN: Q Would you state your name and address . A Don McGee, Box 181 , Erie, Colorado. Q Mr . McGee , where do you live in relation to the subject property? A About a half a mile to the west. Q Are you familiar with the subject property? A Very much so. Q How long have you lived in that area? A A little better than eight years . Q All right. Would you tell the Commissioners what use that property is being put to at the present time? A Well , right now at the present it is not being used for anything. Q What , it lies fallow? A Yes . Q How long has it been in that condition? A It's been eight , nine years that I know of . Q Since you have been there nothing has been utilized on the property? A Right . Q Would you tell the Commissioners specifically what it is -47 - why you protest the rezoning of this to mobile home units? A Well,yes . I don' t like the traffic problem up there that we will have . And it 's about the same thing these other people stated. But I do want to make one comment about the man from the health department. I am a contractor and I went into one of these aeration systems , in fact I got the approval of it . And the state will not allow that effluent to run in any stream or irrigation ditch. The state , not the county. It' s got to be used strictly for irrigation on that property. It took me six months to get it through and to get the approval on it. So that is the comment I want to make . Q This was your experience with a filtration plant similar to this type? A Very much so, yes , sir . Q That is the same type that Mr. Sanden has proposed? A Yes . In fact , it 's been approved two weeks ago. Q Where is it located generally? A It's in Boulder County. But it still had to be approved by the state . Q As well as the Boulder County Health Department? A Yes . MR. ROAN: Thank you, Mr . McGee. I have no further questions . -48- CHAIRMAN ANDERSON: Is that so, Mr . Paul? MR. PAUL: If that was true the irrigation system up at Eaton, they would not let it run into the river. The one we have in Greeley wouldn 't be allowed to run to the river or lagoon. So all of the effluent that meets the state 's standards can run to the river. MR. McGEE: I know we was turned down on it on that account, that that be used on the property. CHAIRMAN ANDERSON: Anymore questions? You may step down. MR. ROAN: All right . Mr . Commissioners , I would ask everyone that is here opposed to this and hasn't testified to stand. Mr. and Mrs . Wesselman, would you state for the Commissioners , please , your name and address . MR. WESSELMAN: Charles Wesselman, Box 182A , Erie , Colorado. CHAIRMAN ANDERSON: You are opposed to the application? MR. WESSELMAN: Yes , sir . MR. ROAN: How close do you live to the proposed property? MR. WESSELMAN: My west boundary line would border that right to the east, their east line. I am right up next to it . -49- MR. ROAN: And your reason for this opposition is the same that was stated previously by the witnesses that preceded you? MR. WESSELMAN: Yes . MR. SANDEN: That is not true . His west boundary line is three hundred and thirty feet east, according to all the plats that I have of the property. MR. WESSELMAN: I thought it was right up next to mine . MR. SANDEN: No. MR. TELEP: Let the record show that it 's three hundred feet further east. MR. ROAN: Your wife is present and joins you in this protest, is that correct? MR. WESSELMAN: Yes . MR. NEUBER: I am Carl Neuber , and my wife Joy. We corner the property to the northwest. And we are opposed to it for the reasons stated. MR. ROAN: Thank you, Mr. Neuber . MR. TAINTOR: I am Richard Taintor, and I live approximately a quarter of a mile to the east, and I am opposed to it for the same reasons already stated. MR. ROAN: Would you spell your last name. MR. TAINTOR: T-A-I-N-T-O-R. MR. ROAN: Thank you . Mr . Weston, you have -50- already testified. MR. STAN: I am Joseph Stan, Route 1 , Box 188, Erie . I live approximately a half a mile from the proposed site. MR. ROAN: And you are opposed to it? MR. STAN: Yes . MR. ROAN: For the reasons previously stated? MR. STAN: Yes . MR. ROAN: Mrs . Heater and Mrs . White have testified, and Mrs . Hamilton. MRS . STAN: I am Betty Stan. MR. ROAN: Your husband has just stated you are opposed to this . MRS . STAN: Yes . MR. ROAN: And you have testified, ma 'am, in the corner. MRS. CLOUTIER: I am a real estate broker, and I object strongly to a mobile home court being put there with the full knowledge of what it 's done to my community of Arvada . MR. ROAN: Would you state your name , please. MRS. CLOUTIER: Yes . Frances M. Cloutier. I object to the trailer park being put in a rural area that it 's best use is for families and homes and not to become a dugheap of rubbish and trashy people. -51- MR . BILLINGS: Do you own property within the area? MRS . CLOUTIER: No, but I have sold lots in it. I have a personal responsibility to advise people to the very best of my knowledge and ability. And I have done so. MR. ROAN: Thank you. MRS . MULLEN: I am Mrs . Lucille Mullen. I live a mile north. MR. ROAN: And you object to it for the reasons that have been stated by the people previously preceding you? MRS. MULLEN: Yes . MRS . REEDER: I am Mary Alice Reeder, and we live about a mile and a half northeast, and I object for the same reasons . CHAIRMAN ANDERSON: Is there anyone in the room that supports the petition other than the applicant? MR. SHIE: You are about to goose me here . I do represent the owner of the property, your Honor. And whereas I have nothing to do with the applicant in his petition for rezoning, we would obviously support the application of Mr . Sheets . His son is here and I am Mr . Shie of Longmont, and I don' t envy you gentlemen being in this position, because the trailer park comes before -52- the city council every two weeks, and you have the same objections before you here. I might comment just briefly, that everybody wants the zoning board or, in my case, the council, to solve the problems of sewer, schools and water. There are three different boards all authorized to solve those problems . The school board has got their own problems . And it isn' t your problem. The water drainage is , now in that particular area that is known as R.U.D. Rural Denver Unit, Uniform Drainage District, or something like that. It costs us all another mill up there . But I did tell my client I would come up here and not oppose it . And that is all I have to say. CHAIRMAN ANDERSON: You gentlemen from the engineering company represent the applicant . Is there anymore to come before the Commission? MR. ROAN: I have nothing more at this time, your Honor. CHAIRMAN ANDERSON: Mr. Lorenson, do you have anything to say? MR. LORENSON: Yes , Mr. Chairman. I would read the recommendations of the Planning Board. The Planning Commission recommended favorably to the Board of County Commissioners on this project for the following reasons : That they felt there was a need in the area . -53- However, they would make it subject to the following requirements . Subject to a connection to a domestic water system and also the approval of the sewage system by the state and county health departments . And they make it clear that their proposal, or their recommended approval is only for phase number one , and does not include anything other than that. CHAIRMAN ANDERSON: Is that all you have? MR. LORENSON: Yes, sir. MR. ROAN: Could I just , for the record, I don' t mean to burden you much further. Mr . Lorenson, isn' t it correct there is no indication in that file that there is an approval from any domestic water company for connection for this subdivision? MR. LORENSON: No, sir , there is no written approval . MR. ROAN: And there is no approval by the state health department for their sewage plant, is there? There is an approval by the Weld County Health Department. MR. LORENSON: That's correct. CHAIRMAN ANDERSON: Do you have anything you wish to say? MR. SANDEN: Wouldn ' t it be true that under the recommendation that you made there , that I could nat rent site one without your authorization under the unit -54- development plan? MR. LORENSON: What do you mean by rent? MR. SANDEN: Lease it to a client with a trailer, unless I had the water from a domestic water supply. Don't you have that control? MR. LORENSON: Well , what is being proposed is that there be no development whatsoever of any type unless water is available to serve the entire development, the one hundred and ninety units . MR. SANDEN: I understand. But I mean as far as the rezoning is concerned, it wouldn't mean anything unless , until the time came that Lefthand Water would and could supply me the water , is that not true? MR. LORENSON: Would you restate it, please. MR. SANDEN: I mean, I, in reality could do nothing unless I just wanted to throw my money away, to the property, with any thought of ever leasing a plot of it unless I did have the water from a commercial or domestic water supply? MR. LORENSON: That would depend upon the decision of the County Commissioners . If they drop the conditions then you could develop it. The recommendation is only the recommendation from the planning commission. MR. SANDEN: I am sure they would follow your recommendations . Just a statement of fact, a man was talking about school tax . My school tax on my home runs -55- five hundred dollars a year. I don't have any children in school either. CHAIRMAN ANDERSON: Does anybody else have anything further to state? MR. BILLINGS: Mr. Chairman, I move we take this under advisement . MR. ASHLEY: I second the motion. CHAIRMAN ANDERSON: So ordered. We are now adjourned. (Whereupon, the hearing was closed at 3 : 25 o 'clock p .m .) -56- BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DOCKET NO. 62 APPLICATION OF EDWIN SANDEN, ) REPORTER'S CERTIFICATE for zoning change . ) STATE OF COLORADO ) ss . COUNTY OF WELD ) I, Joseph J . Rusk, Certified Shorthand Reporter, State of Colorado, hereby certify that I took in shorthand all the proceedings had and done in the foregoing hearing on the 8th day of February , 1971 . I further certify that the foregoing 56 pages contain a full, accurate and complete transcript of my notes . Dated this .:r' day of 1971, at Greeley, Colorado. Jos, h . Rusk, C.S.R. -57 - BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Date 12/2/70 APPLICATION OF . Edwin H,,..Sanden Address Box 215, Morrison,. Colorado 60465 Moved by Phillip Bowles that the following resolution be introduced for pas sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for Atooxilizsc&Raw ( DiaettdeCtiXdxC ( Ip& ccb APPROVAL OF SEWAGE aX TREATMENT FACILITY covering the following described property in Weld County, Coloraoo, to-wit: Northeast corner of the West-half (W:i) of the Northeast-Quarter (NE-i) of Section Sixteen (16), Township One (1) North, Range Sixty-eight (6B$ West of the 6th F. M. See attached plan. be recommended (favorably) (mmitammaidtdc to the Board of County Commissioners for the following reasons: has been approved by the Weld County Health Department Motion seconded by B1d_Heitman Vote: For Passage: G1.wa..Anderson.. . ....... ..... ... Against Passage: Philip..Bowles.. .... ..... ...._ .. Ronald Heitman J. Ben Nix • The Chairman declared the Resolution passed and cordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. =C-L-005 CERTIFICATION OF COPY I, Dorothy Hill , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Nov. 30, 1970 , and recorded in Book No. ..III. , Page No. , of the proceedings of said Planning Commission. Dated this 2nd _... day of Dec. 19 70. c �� Recording Secretary, Weld County Planning Commission pC-Z-006 aOLORADO STATE DEPARTt .rT OF PUBLIC HEALTH WATER POLLUTION CONTROL COMMISSION 4210 :ast 11th Avenue Denver, Colorado 80220 APPLICATION FOR APPROVAL OF LOCATION FOR SEWAGE TREATMENT FACILITIES Submit in duplicate. Complete only Parts A & B. See Instructions. Applicant : Mr, mod in H. Sanden_ 697- Address : Box 215 Morrison, Colorado 80465 Telephone: 4161 A. INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW: 1 . Size and type of treatment faci 1 ity : Aeration plant 54x136 ' for 2 ,000 people - see attached diagram. 2. Location of facility: NE corner of the W 1 /2 of NE 1 /4 Section 16 , TIN , R68W , Weld County , Colorado - see attached plan . 3. Location of effluent discharge: Retention pond in the vicinity of the plant . 4. Describe and give distance downstream of water plant raw water intake or intake nearest this effluent discharge: none 5. Name of watercourse into which effluent is discharged: none _ 6. Est. bid opening date: NOV_. .1970 Est. completion date: 7. Est. project cost : $50 ,000. 00 8. Project layout and design criteria: (Attach separate sheets or report showing entire service area with respect to surrounding areas, habitable buildings , location of potable water wells within 4 mile, effluent discharge point and topography of area. ) 9. Consulting Engineer AA Engineers & Associates , Inc . - H. S . Adnan P . E . 936- Address : 888 S . Lipan St_. Denver, Coln _ 80723 Telephone: 34,23 The undersigned applicant agrees to supply information necessary for Review of Plans and Specifications and to secure signatures of the appropriate local government officials prior to submission. t' July 15 lQ70— Signature of Applicant date Ed Sa-n-dcn- Typed C n- Ty ped Name B. SIGNATURES OF LOCAL GOVERh.-.cNT OFFICIALS: The undersigned* have reviewed the proposal for the location, construction, operation and point of effluent discharge of the above-described sewage treatment facility, and CERTIFY APPROVAL or DISAPPROVAL in space provided below: DATE APPROVAL DISAPPROVAL / /---/ i ure for Local Health De artment ;/a'U/50 / / / / nni �� Si n ture for P ar Commission / / / / Signature for Board of County Commissioners / / / / Signature for Mayor or City Manager of Municipality *Before plans and specifications will be accepted for review, the applicant must show hereon the action taken on the project by the Local Health Officers, representative of the Planning Commission , representative of the Board of County Commissioners, and the Mayor or City Manager of the municipality that might be affected by the discharge of this waste. C. THE FOLLOWING FOR STATE HEALTH DEPARTMENT USE: I , the undersigned District Engineer, have the following comments: 1 . Is this plant located so that it can serve the needs of the present and/or future logical service area? 2. Is the plant located where it is likely to create nuisance problems for existing or now planned development? 3. Has a sufficient amount of suitable land been set aside for expansion? 4. Has the developer or owner of the facility made provision for adequate funding to buy, maintain, operate and repair or replace in kind the facility? 5. Are there any community water supply intakes within 5 miles downstream of the effluent discharge points? RECOMMENDATIONS: Date: Signature: WPC-3(Rev. 10-66-20) 4 COLORADO STATE DEPARTML..i OF PUBLIC HEALTH WATER POLLUTION CONTROL COMMISSION 4210 East 11th Avenue Denver, Colorado 80220 APPLICATION FOR APPROVAL OF LOCATION FOR SEWAGE TREATMENT FACILITIES Submit in duplicate. Complete only Parts A & B. See Instructions. Applicant : Mr. Edwin H. Sanden 697_ Address : Box ?15 Morrison , Colorado 80465 Telephone: 4161 A. INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW: 1 . Size and type of treatment facility : Aeration plant 54x136' for 2.000 people - see attached diagram. 2. Location of facility: NE corner of the W 1/2 of NE 1 /4 Section 16 . T1N , R68'W , Weld County, Colorado - see attached plan. 3. Location of effluent discharge: Retention pond in the vicinity of the plant. 4. Describe and give distance downstream of water plant raw water intake or intake nearest this effluent discharge: none 5. Name of watercourse into which effluent is discharged: none 6. Est. bid opening date: Nov. ,1970 Est. completion date: 7. Est. project cost:__$50 ,000. 00 8. Project layout and design criteria: (Attach separate sheets or report showing entire service area with respect to surrounding areas , habitable buildings , location of potable water wells within 4 mile, effluent discharge point and topography of area. ) 9. Consulting Engineer AA Engineers R Associates , Inc. - H . S . Adnan a P E . 36- Address: 888 S . Lipan St. Denver. Colo . 80221 Telephone: R423 The undersigned applicant agrees to supply information necessary for Review of Plans and Specifications and to secure signatures of the appropriate local• government officials prior to submission. July15 . 1970_ / Date S-ignature of Applicant Ed Sanden Typed Name B. SIGNATURES OF LOCAL GOVERI...LNT OFFICIALS: The undersigned* nave reviewed the proposal for the location, construction, operation and point of effluent discharge of the above-described sewage treatment facility, and CERTIFY APPROVAL or DISAPPROVAL in space provided below: DATE APPROVAL DISAPPROVAL S4rbo;1t altYi Department /1/30770 />( / /---7 Si na ure for Planning C mmission / / / / Signature for Board of County Commissioners / / / Signature for Mayor or City Manager of Municipality *Before plans and specifications will be accepted for review, the applicant must show hereon the action taken on the project by the Local Health Officers, representative of the Planning Commission , representative of the Board of County Commissioners, and the Mayor or City Manager of the municipality that might be affected by the discharge of this waste. C. THE FOLLOWING FOR STATE HEALTH DEPARTMENT USE: I , the undersigned District Engineer, have the following comments: 1 . Is this plant located so that it can serve the needs of the present and/or future logical service area? 2. Is the plant located where it is likely to create nuisance problems for existing or now planned development? 3. Has a sufficient amount of suitable land been set aside for expansion? 4. Has the developer or owner of the facility made provision for adequate funding to buy, maintain, operate and repair or replace in kind the facility? Are there an community water supply intakes within 5 miles downstream of the 5. y effluent discharge points?_ RECOMMENDATIONS: Date: Signature: WPC-3(Rev. 10-66-20) BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Z-153 Date 11/4/70 APPLICATION OF . Edwin H, Sanden Andress Box 21% Morrison, Colorado Moved by Philip Bowles that the following resolution be introduced f•or pa s sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for rezoning from "A" ( Agriculture) District toMH-UD (Mobile Home- Unit DbIXEDU X of Development) covering the following described property in Weld County, Coloraoo, to-wit: North-half (N ) of the West-half (W1.) of the Northeast-Quarter (N.E9 of Section Sixteen (16), Township One ?(1) North, Range Sixty-eight (68) West of the 6th 1. M., Weld County, Colorado containing 42 acres mil See attached maps be recommended (favorably) GZOINT J to the Board of County Commissioners for the following reasons: A need for the area. subject to connecting to a domestic water system, approval of sewage system by State and County Health Dept., approval on Phase I only. Motion seconded by Glen Anderson Vote: For Passage: Glen Anderson Against Passage: TE OF COL ADO Ph lip. .Bowles l COUNTY OF WELD tite C;rrSc at:t a .......hon ld...H.eitman M.County Commis9ionol NO V 5 1970 .. ..John..Watson The Chairman declared the Resolution pas certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC-Z-005 CERTIFICATION OF COPY I, Dorothy Hill , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Nov,.„2,. ,197() , and recorded in Book No. I1I , Page No. , of the proceedings of said Planning Commission. Dated this 4th day of Nov, 19 7Q s Recording Secretary, Weld County Planning Commission PC-Z-006 SURROUNDING PROPERTY OWNERS Sanden - Change of Zone Carl & Joy Neuber Rt. 1, Box 127 Erie, Colo. Carl E. and Alice M. Sorling c/o Joseph S. & Joyce Miller Star Rt. h9 Breckenridge, Colo. 80424 Alice W. Carter 1196 S. Quebec Way Denver, Colo. 80231 j( Duane J. & Nancy N. Eikenberg Ernest L. & Phyllis Plouffe 188 E. 109th Place Denver, Colo. H. A. Sheets 4395 Broadway Boulder, Colo. Clarence H. & Constance M. Wessellman State of Colorado Board of Land Commissioners 1845 Sherman St. Denver, Colo. Legal description for Edwin H. Sanden: The South 1365. 00 feet of the North 1395. 00 feet of the West one-half of the Northeast Quarter of Section 16, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, , Colorado, containing 41. 60 acres, more or less. c•„:$P. � 9 y ‘0A-1 ss• M, 0NTY, OF WELD 7il,d with the Clerk of the Board d County Commissioners DEC 91970 COUNTY 94RK AMY PECONor De�U • CERTIFICATE OF SURVEY 1 NVA COR.-FOUND STEEL PIN WITH CAP SET STEEL PIN WITH CAP MARKED "N.H.R O. 2682' I NE COR.W I/2 NE 1/4 1327.63 l �� 1327.62 FOUND STEEL PIN .9 FOUND N. WITH CAP MARKED Ost 0 O pp Ate' "GOVERTURE 30 .>`,9 O a gLS 2152" M M e Ne o O 1lO 0 ' . M 41. 60 Acres ro SCALE III= 300' 9rte O0 y 0 v p ,* c' SET STEEL PIN 0 WITH CAP V1327.19 SET STEEL PIN WITH CAP N CD v N FOUND STEEL PIN WITH CAP MARKED "GOVERTURE L.S. 2152" AND LATH MARKED CENTER OF SECTION 16 CERTIFICATION: THIS IS TO CERTIFY TEAT on this 28th day of November, 1970, I made a survey of the South 1565.00 feet of the North 1595.00 feet of the West one-half of the Northeast one-quarter of Section 16, Township 1 North, Range 68 West of the 6th P.Y., Yield County, Colorado, and that the same is true and correct to the best of my knowledge and belief. R[019TRR[D LAND •L!RVEYOR R.L.5. ;o. 5239 HARDIN a Mc NUTT INC. N.0 N. 15e No. CERTIFICATE OF SURVEY • N V4 COR.•FOUND STEEL PIN WITH CAP SET STEEL PIN WITH CAP MARKED "N.H.PO. 2682' NE COR W 1/2 NE 1/) 1327.63 Q 9 } 1327.62 FOUND STEEL PIN Oo I WITH CAP MARKED O“GO per' L,S 21 2' 30 .fie, p O o N. L.S. 2152" lc) ro J- 0 Jic 0 41. 60 Acres • SCALE I°= 300' 900 h 0 0 F3 SET STEEL PIN Q WITH CAP ) 1327.19 SET STEEL PIN WITH CAP FOUND STEEL PIN WITH CAP MARKED "GOVERTURE L.S. 2152" AND LATH MARKED CENTER OF SECTION 16 CEIRTIFICATIONt THIS IS TO CERTIFY THAT on this 28th day of November, 1970, I made a survey of the South 1365.00 feet of the North 1395.00 feet of the West one-half of the Northeast one-quarter of Section 16, Township 1 North, Range 68 West of the 6th P.Y., Weld County, Colorado, and that the same is true and correct to the best of my knowledge and belief. • NKOIsT[R[D LAND RQFVEYOR R.L.S.-NO 5234_ HAROIN & Mc NUTT INC. N.8 M. JOB No..I.TT-- 500 140 THE FAR'-92S RESERVOIR AND IRRIGATICC" COMPANY 516 DENHAM BLDG. G. A. PELZ DIRECTORS 635 16TH STREET 9ECRETARY M. C. SARCHET, PRESIDENTDENVER, COLORADO 80202 EVELYN MAROUSEK ICE NORDSTROMND PHONE 623-5504 ASST. SECRETARY VICE PRESIDENT. JA AND TREASURER J. J. ZAJONCKOWSKI VICTORWAY L. JACOBUCCI February 9, 1971 SUPERINTENDENT S. WAYNE McNEAL FRANK DREYER M. H. KARSH ALEX H. MILLER rleld County Board of Commissioners Greeley, Colorado Gentlemen: We understand that a hearing was held yesterday on the re- quest of Hr. H. A. Sanden for zoning on the NE , of Sec. 16, I've, 1 N. , Roe. 68 'd. , Weld County, Colorado from agricultural to mobile trailer units. This Company owns the Community Canal which runs along the east side of this quarter section. understand that the proposal is to drain flood water from the streets and the overflow of sewage into this Canal. We cannot rermit this to he done as it would create too many problems in our ditch. We had no rrevious knowledge of this rroposal or the hearing. As a landowner in this tract of land, we believe we should have been notified of the hearing. Very truly yours, THE FAN1 ERS 4ESERVJI} AFJ IGRIGIITIJN C *FANY N. C. Sarchet, President p°,CS:em cc: Lewis L. Heater .©Uh7TY R DO Gr VJELp sg. h .th₹h<: evik of the Board COUII Y`'Ort1rmssioners FEB 1. 0 1971 RAP PAC VADpR �- 91 PETITION The undersigned, being property owners and residents of Weld County, Colorado, residing in the vicinity of that property which is the subject of a petition for re-zoning from "A" Agriculture District to "MH-UD" Mobile Home Unit Development and which is identified as Docket No. 62 , hereby object to the granting of said zoning for the following reasons among others: 1. The proposed use of the property for Mobile Home Development will adversely affect the property values of surrounding land owners and inhibit future residential development of said property. 2. The proposed mobile home development will place an undue strain upon the facilities of the school district without providing sufficient additional tax base to compensate therefor. 3 . The development of the property will create a waste water drainage problem in that there are no streams or creeks in the immediate vicinity to carry off water for storm drainage. 4. The proposed development will place an undue strain upon the police and fire protection capabilities in the vicinity of the property without providing adequate additional tax base to compensate therefor. 5 . There is no adequate domestic water supply to supply the proposed development. 6 . There is no adequate provision for sewage disposal and, in fact, the proposed method of sewage disposal through settlement lagoons will create a serious pollution problem. 7 . That the entire development is ecologically unsound and will be a severe detriment to the environment as now planned. WHEREFORE, the undersigned affected property owners respectfully request the Board of County Commissioners of Weld County, Colorado to deny the requested re-zoning proposed by the applicants. Name Address date i fifty � 4.-4.-{-,:-/71----4" 4 , r ?c /'/ i / 7 /' jr 7 ��s/�, / � X71 .�4/,,,L-Lu„j / 111 fo 4a� -z- Cell f` L.. et?c S j 2 ,5 i��/G z%7'/ 12;7/dr,. fir l>>4 14 VI' LG %1:'=,-lam+ X1'7 / c,./7Y C e.e ( %n `acSIL 1I''/ `7 �I (} /o, f'�`sI6 a-/- 7/ `�,"/� l�l �...+-r� kw�w/' r�/��o x �3 � � (-c-ii,,,, ,.. . 0- C/✓D� / �j / / 17:4--((( �Y % e0 } aj S. � cf1e € liu b_ *3ni (21. 'V ' 7) -2- WHEREFORE, the undersigned affected property owners respectfully request the Board of County Commissioners of Weld County, Colorado to deny the requested re-zoning proposed by the f applicants. S Name Address date :/z77.)/La uff Lcti. /7711:#� (r. G(i I LAC. t2liili , /2-'7/ I //�� /CP d�t�` dv/ d�,�s47 6-& / e x±1- 7/ C ,/ //uOy / F' O. f,_k , &_. , __2v-/,7/ / "-, 7 / c ii-i / % 'H1 --.all/ '"7 ,C ,tea.. � te-e✓ v"/j ./O %/ L iel/ , +/ z/ /`/-7/ 0/ , ,,,, A / 15 c k )2!iv-4_ E. fiu L Ulj,2",__L I-7/1 /f :'„6.7 )//it'' /1`6 , „,t.>c.,/y / // /3.-ey: / 7,g °` i/l% `" -r/ l rr / 4'd/ti r. ; Ili /7 a* /2 / Ai, 7 / /r7- % / 9 3/2 e7,:c. 4_� :)L`i, ji, i 9 / �,�� r-- {7 /-,.r/f_'_>f/%:<- -e :--- - sv/ , � ` it/7A-_,-7‘ /dc,4' rAn _3'1 I �' 1 I JO. //72 4i flog /t-3-r ' �� C_, a/r7/ _ -6 .cif / Cut In 48 7,-�_ , 11�%/ /97/ his p 1-2,'r --- -------" .--<5-7/;V 6 T / %ter /`. ,tiu.t, / , ff// / /7� 1z //��/ {tea -2- fi- 1/ ft/ ea 2_ PETITION The undersigned, being property owners and residents of Weld County, Colorado, residing in the vicinity of that property which is the subject of a petition for re-zoning from "A" Agriculture District to "MH-UD" Mobile Home Unit Development and which is identified as Docket No. 62 , hereby object to the granting of said zoning for the following reasons among others: 1. The proposed use of the property for Mobile Home Development will adversely affect the property values of surrounding land owners and inhibit future residential development of said property. 2. The proposed mobile home development will place an undue strain upon the facilities of the school district without providing sufficient additional tax base to compensate therefor. 3 . The development of the property will create a waste water drainage problem in that there are no -streams or creeks in the immediate vicinity to carry off water for storm drainage. 4. The proposed development will place an undue strain upon the police and fire protection capabilities in the vicinity of the property without providing adequate additional tax base to compensate therefor. 5. There is no adequate domestic water supply to supply the proposed development. 6 . There is no adequate provision for sewage disposal and, in fact, the proposed method of sewage disposal through settlement lagoons will create a serious pollution problem. 7. That the entire development is ecologically unsound and will be a severe detriment to the environment as now planned. WHEREFORE, the undersigned affected property owners respectfully request the Board of County Commissioners of Weld County, Colorado to deny the requested re-zoning proposed by the applicants. Name Address date 4 , 7q0-cif kr-is / ;&,/47 au 4E /-.?s-7/ , /1 (;:i a, /- ?5 7/ �'7.YEf. /jirC' ,4'). 0.Ai / -J ,.-i4 ill& , c6/ /-25= // 44.� ,�,„., ,II -u/ �� /t-t4 F S--01 .65 J /. ,1 ft-7 4- t").. .;. beet / - 2s i/ r , '/ e-1 � /fe. 1 dry' / �ir ��- ; - 's- u L L-c t` /71 >cis' "y- —Ain - cif/f x 5 s / rz,� 5 '-i-1/ J> / � fj l / fie i 1.h' e' iF /-;?-e7/ p t'� l y i - z L 1 i 1 ,,l„n e 2/ ,iY-// ,{..7:--7/7 //i uz /-.19,--�/ a `-7)7 etee (41 I */ Ste, C`-e-4" /-o 9-7/ E-11.11/1/4"( Ito ILIA--� 8�( Li ( F/ _I 4, , 2 - /-7, p . -g,magriy-L,„f ,/,, ,,,,,-.- ieu-s,.. / -7/ f4 0-i sja — � 2 tThT ( iii :z1-/ - 7/ 1 •ii-dti_Frr t /ie-IL 47-2, ci,:ce- 2-/ -7/ r )._44r `/rrL / . I OTC /?,L AL -2- BtrCRE AelE WELD COUNTY, COLORADO Pt.r1' NNIN,. ..vMISSION • RESOLUTION OF RECOMrti1ENCATION •TO THE BOARD OF COUNTY COMMISSIONERS Case N o. Z-153 Date 11/4/70 PL I CA:ION OF Edwin H, Sanden • A6clress Box 21�j.1 Morrison, Colorado Bowles : that the following resolution be introduced 'or pe.k.• ::F >�.�..d by Philip .age by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application irI-UD ('.,:obile Home- Unit for rezoning from . "1l" ( kgri.culture) District t oN DraiatTIGET of Development) •? covering the following described property in Weld County, Colorado, to-wit: 112 of the Vest-half �- -half (�r-) of the Northeast- u ,rter (MO of _ North-half (Ni) Section Sixteen (16), Township One (1) North, Range Sixty—eight (66) West of the 6th P. M., meld County, Colorado containing 42 acres m/1 See attached maps O'ci be recommended (favorably) ortyw i:I?1 to the Board of County Commissioners for the following reaso s• A need for the area. PSUbject to connecting to a domestic water system, approval of sewage system by State and- County Health Dept., approval on Phase I ,lotion seconded by Glen Anderson . • Vote: For Passage: Glen Anderson Against Passage: . I,ci.onard..Bartels -. .. `!`A'c OFF COLoaADO ........Fkti1ip...flowlas ttovraTY o: //:��a •- . l v..A the V:•rc OI 11 1 1O ' ......Ronald...HeiIman Ai.Gnurty Co:;irt:;_:::io.:,ats • 'i s'5 1970 Jsaiin..sdatson } �... .,,. r-,....,...-.-...-e•�. �a(;,, copy The Chairman declared the Resolution passe-and--rs-rderesk :Iz"a.t�.' certif lad be folwara•>:; with the file of this case to the Board of County Commissioners for further proceedings. FILE PL0272 DOCUMENT NUMBER 710008 CONTAINS PICTURES PLEASE SEE ORIGINAL FILE Hello