HomeMy WebLinkAbout710023.tiff 785
npLoideo. ..xX 3'�" •Cl,ne, 'n )L.LJ Li 4.4
oe. No. .l.20G t1,3. Mary Ann Feuerstein, Recorder
RESOLUTION el-'
WHEREAS, a public hearing was held on June 28, 1971, in the
chambers of the Board of County Commissioners of Weld County,
Colorado, for the purpose of hearing a petition of Douglas Sears, Gordon
• Rissler and Ernest Scott, 1212 8th Avenue, Greeley, Colorado, requesting
change of zone from "A" Agricultural District to "R-UD" Residential Unit
Development, in accordance with official development plat and plan, copy
attached, to be recorded in the office of the Weld County Clerk and Recorder,
and
WHEREAS, the petitioners were present, and
1/47-1
WHEREAS, there was some opposition to the change of zone, and
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present, and
WHEREAS, the Board of County Commissioners has studied the
request of the petitioners and studied the recommendations of the Weld
County Planning Commission, and having been fully informed;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that the petition of Douglas Sears, Gordon Rissler and
Ernest Scott, 1212 8th Avenue, Greeley, Colorado, for a change of zone
from "A" Agricultural District to "R-UD" Residential Unit Development,
said area being more particularly described as follows:
A tract of land located in the East Half (EZ) of Section
Twenty-five (25), Township Five (5) North, Range
Sixty-six (66) West of the 6th P. M. , Weld County,
Colorado, being a portion of the San Luis & Western
Colony and with all lot references thereto:
Lots 2 & 3 inclusive, NE+; EZ & SWi- lot 4, NEI; Lots
5 through 7 inclusive, NEB'-; Lots 9 through 16 inclusive,
NE+; Lots 1 through 4 inclusive, NE4SE�'--; Lots through
4 inclusive, NW4i SEk, Nzi Lots 1 through 2 inclusive,
SW.SEA'- & N4, Lot 2, SE+SEl Said tract being further
described, considering the North line of said EZ Section
25 as bearing N 88° 33' 07" East and all bearings
relative thereto: Beginning at a point on the North line
of said Section 25; thence the NE Corner of said
Section 25 bears N 88° 33' 07" East, 665. 38 feet;
thence S 88° 33' 07" W, 1663. 32 feet; thence S 01°
13' 12" E, 328. 14 feet; thence S 88° 38' 14" W. 332. 80
feet; thence S 01° 11 ' 43" E. 3929. 18 feet; thence
N 89° 42' 49" E, 2007. 30 feet; thence N 01° 20' 34"
W, 330. 50 feet; thence N 89° 37' 04" E. , 668. 81 feet;
thence N 01° 23' 29" W, 2652. 94 feet; thence S 88°
53' 37" W, 666. 47 feet; thence N 01° 20' 34" W,
1322. 50 feet to the point of beginning, containing
234. 616 acres, more or less,
all as shown on official development plat and plan, hereinabove mentioned,
copy of which is attached hereto and made a part hereof by reference, be,
and it hereby is granted under the conditions following:
710023
me37sr-do
4/ Q ._ QA Mg 1. That any water and sanitation facilities to be installed shall
be approved by the State Health Department.
2. Subject to approval of drainage system by the County Engineer
and the Town of Evans.
3. Subject to approval of cross-road sections and construction
requirements by the County Engineer.
4. All applicable subdivision regulations and zoning regulations
shall be followed and complied with in accordance with the Zoning
Resolutions of Weld County, Colorado.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on the 25th day of August, 1971.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AYES: /
2,e/ii;a 4. /-2 GL Gf t%l2
Glenn K. (Billin/gs
DILL J /t4-k':(<:ar Ashley
NAY: /7i
))/- 'r -
�� ha 1 H
y i
Marshall Anderson
ATTEST:
to
,. omdL
��:�' . .Ul rk o he ✓B�and
r. yar �,.-` epuly County Clerk
`' lik ME AS TO CORM:
:lii. ( 7', ; P_-( ?7
ii
�t0 r " County Attorney
cc: PC
Applicant
-2-
Scott, Rissler, Sears
Resoltuion granting request for change of zone - Sears, Rissler & Scott
RECEIPT FOR CERTIFIED MAIL-30t, (plus postage)
SENT TO POSTMARK
OR DATE
Douglas Sears, Gordon Rissler,
_y. STREET AND No. Ernest Scott
i1212 8+h Avenue
P.O., STATE AND ZIP CODE
Greeley, Colorado
OPTIONAL SERVICES FOR ADDITIONAL FEES
Z _
RETURN 1. Shows to whom and-date delivered 154
CD RECEIPT With delivery to addressee only.. 654
2. Shows to whom,date and where delivered 35¢
SERVICES With delivery to addressee only 85¢_
DELIVER TO ADDRESSEE ONLY 504_
- SPECIAL DELIVERY (extra fee required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL >.,a. ,9700391...
PLEASE #URNISH;SERI= IN ED B � 5L0CK(S).
Show tq whom .date a Deliver ONLY I
�{y� .1:addressee 1;�
.�. whale d1e11 L .�. N .N :I.a L.i , ,:sabitiaShe nuhlbl e#. . re described baton. ,
$EGISTEREO NO. dLI.'" MIGNOIE Ot er AOOREsal'tlV ' a/wv'k filled a7) ;
QERTIFIED NO. A,
}
ORED NO.
YE DELIVERED (TO r
3333 R eM a'
��7/
--• • - o55-10-71646-11 847-108 GPO
BEFORE THE BOARD OF COUNTY COMMISSIONERS - AUGUST 4, 1971
(MEETING TO DISCUSS CHANGE OF ZONE A TO R-UD)
PRESENT:
THE BOARD OF COUNTY COMMISSIONERS: Marshall H. Anderson
Glenn K. Billings
Harold W. Anderson
Assistant County Attorney Tom Connell
County Planning Burman Lorenson
Nelson, Haley Patterson & Quirk Mr. Peterson
Mr. Anderson: We call this meeting back to order for Doug Sears appointment at
11:00 o'clock. We are sorry to hold you up, gentlemen, but we had important
things to do, I know how important your deal is, but this was more important.
All right, Doug, if you want to start.
Mr. Sears: I think in the interest of time and clarity, we made a presentation
at the time of the public hearing on concepts involved and planning involved
and ideas which congregated our going ahead and developing the Colony Park
Subdivision to this point. I think what I would like to do is capsulate for
you what has transpired and where we are right now and our opinion of what's
happening on the thing. As was presented at the public hearing, we
while the research on the cluster housing - large planning development started
three years ago, we actually got into the specifics of Colony Park development
in the location proposed - in detail in October 1970. We started informal
Staff
discussions with our planners and the County Planning Commission/at that
time. We started on details of Colony Park with the County Planning Commission
in November, 1970 and one of our first actions after having some of the
initial ideas that we had put together - one of our initial actions was to meet
with the County Planning Commission on an informal basis for approximately
one hour to go over the project as envisioned in the early part of December,
not that's with the County Planning Commission. Because we wanted to find
out at that point in time any specific ideas or concerns that they might have
because at that point in time we wereembarking on substantial expenditures
to put the plan into a recognizable, identifiable and logical form.
Following the meeting with the county planning commission we then went into
in-depths studies jointly with your County Planning staff. The process was
more or less was one of us submitting our ideas-what we wanted to accomplish
and why and then the County Staff who was asking us for specific information
each step of the way which we supplied at our expense. We finally got every-
thing in order to meet on the basis of a total project proposal with the
county planning commission in March and I think it was in April when the
hearing was held. I could be wrong on that date but it was about that time.
The project was passed with some provisions in it as recommended by Mr.
Lorenson and it was passed unanimously by the County Planning Commission.
Subsequent to that time, we had the public hearing before the Board of County
Commissioners and there were requests made of us. There were basically in
three parts, one they wanted to know what our source of water would be -
they wanted to know what our source of sewage treatment would be - you asked
us to explore with the Town of Evans what the feasibility of annexation
2
to that community would be. It has taken from that time until last
week to resolve these three questions to the point that we were in
fact in a position to proceed with the design and deveopment of the
project. We are at that point now and we are expecting today that you
act favorably on our request that the Colony Park proposal be accepted
as submitted to you again in very abbreviated form the proposal would be
that you accept the zoning recommended by the Planning Commission - which
zoning would be all inclusive for all forms of uses as submitted to you
within the Colony Park development - and that the housing uses would be
located and how they would be sited - how they would be sized, and how
they would be positioned ore in respect to the other - how the streets
all
would lay - how the signing,the landscaping,/the amenities and
appertanances would go into the project are defined very specifically
within this booklet here. This booklet would become in essence a
covenant - a contract covenant - between developers and the county .
from
Any deviation / this plan of any substance would require a re-review
by the Planning Commission and subsequent approval by this Board.
These are legal and binding and would constitute an actuality -
a construction and development contract between the developers and
this
the county. We have researched/intensely - not only from the planning
and developing standpoint as it would relate to the counties concerned -
in terms of the streets the county would be accepting - police
protection, policing within the project itself, the functioning of
the Home Owners Association whereby parks would be maintained, recreation
areas would be maintained, streets owned by the Home Owners Association
would be maintained, utility lines as they were involved would be
maintained. These have been researched intensely and to our satisfaction.
And I think to the Planning Staff's satisfaction. We are as far along
as we can be without getting into the actual submission of plats and
proceeding with development. I have asked the representatives of the
Central Weld Water District - it is our intention they will be serving
us water - to be here this morning - Dale Oldhausen - engineer and manager
of the district is here, answering questions that you may have in that
regard. We have had a number of meetings with the directors of the Hill
and Park Sanitation District who have been represented primarily by their
President, their Secretary and by Mr. John Haley who is their liason
between the State and Weld County Health and the Hill and Park Sanitation
District operations and Mr. Peterson of Nelson, Haley Patterson & Quirk
3
is here with detailed information, if you have any questions you can ask
County
him in regards to their ability to meet the State and/Health requirements
in terms of servicing our facility. Mr. Rissler is here and the two of us
might answer any questions you may have - again, we would request action by
your body this morning, if possible.
Mr. Anderson: Is there anything worked out on the sewer yet?
Mr. Sears: Yes, a great deal. We have all the basics in terms of lagoon
capacity, sizing - in terms of our first phase, and su^sequent phase development
the
all of this has been correlated to/intended expansion and development of the
sewage treatment facilities now existing. This is done, we have agreed on
how the costs are to be born and this is done in terms of our paying our
proportionate share of the capital investment not only in land but facilities -
in the treatment site facility itself - and also the preliminary engineering
has been reviewed for servicing the site - the trunk transmission facilities
to get sewage from us to the lagoon - this has been checked out - has been
actually
costed/and has been proven feasible. I 'd rather not give specifics because
the engineers here that if you have specific concern, there has been a
specific concern in the past that you are aware of because I think the
Lundvalls came in and wanted an expansion of one of the mobile homes parks and
the improvement and expansion of this facility was integral to your approval
of this expansion. So, they have done a lot of detailed work to the extent
that the plans were submitted to the State Health Department - had been
reviewed and in fact signed by the State Health Department and are back in
their hands - they are bidding the improvements at this time.
Mr. Anderson: Do you have any questions, men? Does anyone have anything to
add to this meeting?
Mr. Billings: I do. That book you got there, Doug, does it have covenants
and agreements in it.
Mr. Sears: The only thing that is new - is that since - it is not new - this
is the one made available at the time of the public hearing - it had to be
revised between the time of the Planning Commission hearing and the public
hearing because the Planning Commission did stipulate about four changes.
Which were in fact made and Burman - are all those of the Planning Commission
requested incorporated?
Mr. Lorenson: Yes, they have been incorporated and changed.
4
Mr. Billings: They should be dated June 7th
Mr. Sears: Yes, they should be dated June 7th. That's the revision subsequent
to the Planning Commission.
Mr. Billings: I don't see a date a date on this, I don't know where it would be.
Mr. Sears: Should be on the -
Mr. Anderson: Its right down in the Corner
Mr. Lorenson: Well, in any case, they would be turning it in - Milars -
Milars will be checked over as to the information that was being presented
to the County Commissioners before - if you decide to approve it before
it was signed. We will check it over.
(Not audible)
Mr. Ashley: What's the status of Evans -
Mr. Sears: I 'm sorry you couldn't make it - Evans was most cooperative -
and we had several meetings - Mr. Rissler was at all the meetings - We met
3 times with the Council, the Sanitation District, the planning commission
of Evans all represented, in fact, they had nearly a hundred percent - all
three meetings, all three bodies. It was their determination - there was
substantial opposition to the annexation in any regard because they
felt that with the projected three year influx of people into Colony Park -
unless our economy really does a turn around - that they would largely have
the voting power to determineEvans future and the people of Evans don't
want it that way. They have a great deal of pride and they want to remain
in control - the older existing established portion of town. They were
interested in annexation if the people as annexed couldn't vote in Evans.
But they were't too interested in annexing where these people could have a
vote because they could see the voting sway would be in Colony Park in three
to four years. This frightened some of them. Beyond that there were the
real hard facts of life - they checked out the drainage as proposed
through their engineer, Mr. Zoyiopoulos. He told the Town Board of Evans
that the drainage as proposed looked to him like the engineering was sound
and feasible and not complicate what is already a problem for them - the
drainage basin that passes just east of this property. He was satisfied
this would not contribute to that problem. We reported this to the Evans
Town Board. Where the problem of Evans primarily rests is in terms of
dollars and in terms of timing and such - it had to do with their inability
to treat our sewage without a huge capital investment in a new lagoon
site. They had two problems here - #1 - they questioned whether or not
they were in a position to decide on where the lagoon site should be
sited - to serve not only us but it would have to serve an substantial
additional area. They questioned whether they could move fast enough
to determine such a site within a 6 or 8 -months period, but even more
new
the fact was in the siting of the/lagoon - was that they can see there
their
way clear under / existing sanitation district to pay off their
unbonded indebtedness in another about 4 - 6 years. They questioned
whether or not they would be successful in as large a bonded indebtedness
as this would take in situating this until they have enough additional
base load, to start taking up the total tab. So there was a real
financial dilemma for the Town of Evans in this regard. The second
regard was that the contract they are now under with the City of Greeley
requires even though it doesn't make much sense from the standpoint of this
nor
project/in terms of their intention of future development, the contract
has very limiting requirements whichare not at all compatible to Colony
Park development. So they were left with one alternative and that was
at this time to immediately negotiate with Central Weld Water to serve
us but through a contract with Evans. Because they are in the middle
or just starting negotiations in the city of Greeley on a new contract
they felt they were probably a year away from being able to make a valid
determination on what they were going to do for water for future growth.
They felt contacting Central Weld - at this point in time would
be a disadvantage to them in terms of their contract negotiations they
have got headed with the city of Greeley. Which kind of made sense.
I might tell you that one of the problems, water wise, for us is that
as you know there is a very high percentage of the total area will be
a common open area to be maintained by Home Owners Association. It is
not feasible to maintain this area with treated city water, it doesn't
make any sense to pay the cost of treated water to irrigate trees and
grass in these big common areas. Evans would have been faced with a
devious round-about way of crediting us in lieu of water for these
drainage improvements we are putting in together with the irrigation
improvements and it wouldhave to be kind of devious because the
city ordinances don't allow the water dollar credits for irrigation
improvements, So even though it makes sense in a rational point of
view,that they get credit back on this - their contract with the city
for this
doesn't allow /' so it kind of ties their hands. They are faced with
this, not only with our project, but they are faced with any project of
of growth,
even 20 or 30 acres/ because they are presently taking a deliverable
capacity of the lines that are in the City of Greeley. They are about
at that point.
Mr. Ashley: Is there a contract with Greeley to supply additional water
if you would go in.
Mr. Sears : Correct
Mr. Ashley: Or you would have to furnish it?
Mr. Sears : We would have to furnish it and/or either furnish the water
or furnish dollars and that' s the point - we would be contributing
dollars in terms of paying for good substantial line of drainage works
and irrigation works. Some of this would qualify under existing city
ordinances and some of it wouldn't. So that left them with an authority
problem.
(Not audible)
Mr. Sears: Well, Marsh and Glenn were there that night and he knows
precisely how Lloyd reacted to it. They are not at all enthusiastic
about annexing us or anybody else at this point in time. Vnat we are
concerned with is the projects that are going to happen occur within
that
close proximity to the town / they have the opportunity to review
if
it, like this one, so they know what is happening. And/they see something
that is contradictory to their interest, we therefore have a better
chance to bring it to their attention.
Mr. Anderson: Any questions, Glenn.
Mr. Billings: No, I was questioning some of this and I found the answer here.
Mr. Rissler: I would like to make a couple of statements if I may. I think
the meeting we had with the different identities in Evans was - it was
clear that they more or less approved the project and I think basically
their first objection was they didn't know what we were planning there.
7
We had gone over this in detail with the three identities in Evans -
there was no problem other than they just couldn't handle it.
We feel that this may be a new concept in planning and we think it is
real good planning for the future - you're spending lots of money doing
good planning for the future of Weld County and we are trying to be a part
of it in Colony Park. We think we have done an outstanding job of
coordinating every aspect of this for the good of the county and the
people who will occupy Colony Park.
Mr. Anderson: Any questions
Mr. Billings: The only thing I was looking at with Burman was to check
this - this is spelled out in this special development plan - this is
in regard to the projection of time for building all this and controlling
major changes - this is built in that book on page 3, isn't it,Doug.
Mr. Sears : Development schedule - 3-4
Mr. Billings : How does that read, Doug.
Mr. Sears : The submittal of the development schedule of Colony Park
shall be the responsibilities of the developer - the initial schedule
based upon a three-year projection beginning upon date of approval by
the County Commissioners. Paragraph B - (want me to go on) a progress
report shall be given to the Planning Commission every 6 months during
construction, and/or along witnsubmittal during the various stages of
development. The progress reports will contain the following information-
1 - precentage of total project completed to date, 2 - percentage of
estimated time needed to complete remainder of project, 3 - anticipated
major changes, if any, from the original preliminary plan shall require
approval by the Planning Commission.
Mr. Billings : Read Paragraph 3-6
Mr. Sears : Major changes from the initial concept - any major changes
from the initial concept as approved by the Planning Commission - shall
require resubmission or preliminary plat on the remainder - paragraph B -
criteria used in order to determine major changes - 1 - any major change
to the dedicated streets within circulation plan, 2 - any change in the
existing ratio between multi-family and single family ratio in excess
of plus or minus 10% - in other words, he' s spelled out what these
figures are.
8
Mr. BillincLs: That's all right - regarding this Home Owners Agreement
and the maintenance of roads -
Mr. Sears : All the maintenance of the roads is not dedicated to the
County. The major circulation roads will be county - all the roads
servicing the residential units will be Home Owners Association's
responsibility. Yes, sir, the parking areas - those are responsibilities
of the Association. The east- west collector that is required to conform
to the Master Road Plan would be county, at the present time. The
extension of 23rd Avenue, would be Master Road Plan and what' s the
extension on the west - it is not designated but there is an arterial
on the west that will also be county - there is another one where you
have your circular collector services project - this comes around
and leaves off at 9th street, which would be county. This is the east-
west arterial, I mean collector. That ties in with the master road plan.
are put in to
23rd Avenue - these all / conform with the master road plan.
interior streets
All the other streets/would be Home Owner's Association, owned and
maintained.
Mr. Ashley: How close to the highway is that?
Mr. Sears : I can give you the footage, not the miles. By the way, one
thing you did not see, we had not settled on stage 1 at the time of
the public hearing - I intend to leave this with}ou - this would be the
first stage development that we would come in for with the plat
just as soon as it is laid out and engineered for stage 1. Water is
continuous to this - already in place in the road in front of the project.
We would bring our trunk line sewage up from the lower end here up all
the way through the project to service the area of sanitary sewage.
Mr. Anderson: Are you ready to vote, gentlemen.
Mr. Billings: This letter to Scott Realty, Mr. Oldhausen, is that how
you pronounce your name. You are familiar with this letter, you did sign
it, regarding the water.
Mr. Sears: Yes
Mr. Billings : I would make a motion that we approve the Colony Park
Development with these stipulations, you do have a letter here that
water is available and this was one of our questions - another stipulation
which seems to be a little bit vague at this time and maybe not is that
we must see some type of a letter brought in so that we can add into
our records that there is adequate sewage facilities for this development
and that all the requirements laid out in this special development
9
proposal of Colony Park be followed, specially those as to development
schedule, any major changes within the park, make that into a motion:
Mr. Ashley: I second the motion.
Mr. Anderson: How do you vote on it, gentlemen?
Mr. Billings: I vote yes.
Mr. Ashley: I vote yes.
Mr. Anderson: The chair votes no, let the records show that it carried
two to one. Is there anything else to come before this meeting.
Mr. Sears: Thank you, gentlemen.
Mr. Rissler: Thank you, gentlemen.
CENTRAL WELD COUNTY WATER DISTRICT
115 18TH STREET DALE D. OLHAUSEN
GREELEY, COLORADO 80631
PHONE (303) 352-1284 MANAGER
COLORADO
COUNTY OF WELD sS.
January 22, 1971 Filed wdh the Clerk of the Board
of County Commissioners
AUG 4 1971
Scott Realty Company
1212-8th Avenue
COUNTY CLERKRNO RECORDER
Greeley, Colorado 80631 By __Deputy
Attention: Mr. Douglas Sears
Re: Water Service to E' Section 25,
Township 4 North, Range 66 West
Dear Doug:
The Board at its regular meeting of January 13th considered your
letter request of January 8th regarding water service to the E'k
Of Section 25, Township 4 North, Range 66 West. The Board acted
to approve service to the area subject to a satisfactory agree-
ment being reached.
As we previously discussed, additional information regarding the
development will be required prior to the Board acting on the
final conditions of the water service.
If you have need of additional information, please so advice. —
Very truly yours,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D. Olhausen
Manager
DDO/lh
BEFORE THE BOARD OF COUNTY COMMISSIONERS - June 28, 1971
(MEETING TO DISCUSS CHANGE OF ZONE FROM A TO R-UD)
PRESENT:
THE BOARD OF COUNTY COMMISSIONERS: Marshall H. Anderson
Glenn K. Billings
Harold W. Anderson
County Attorney Samuel S. Telep
Douglas Sears
Gordon Rissler
Ernest Scott
1
Mr. Anderson: We call this hearing to order, Docket #39, Doug Sears, Gordon
Rissler, Ernest Scott, 1212 8th Avenue, GReeley, Colorado, June 28, 1971
Time: 11:00 A. M. At this time, Mr. Telep, will you make the record.
Mr. Telep: Thank you, Chairman, let the record show that this cause came on for -a
hearing at this time, June 28, 1971 on the application of Douglas Sears,
Gordon Rissler, Ernest Scott, 1212 8th Avenue, Greeley, Colorado for a
change of zone. From A Agricultural District to R-UD, Residential Unit
Development, for a tract of land located in the East-half (Ez) of Section
Twenty-five (25) , Township Five (5) North, Range Sixty-Six (66) West of
the 6th P.M. , Weld County, Colorado, and more particularly described
in metes and bounds and published as required by law in the Greeley
Booster on May 28 and June 18, 1971, respectively. Said publication
of the tract in metes and bounds supposedly containing 234.616 acres.
Let the record further show that there is on file several receipts
certifiying to the fact that all of the adjacent land owners were
notified of this hearing today affording these people the opportunity
to be present to testify either in favor or against the granting of this
zone change. Let the record still further show that Mr. Douglas Sears
and Mr. Ernest Scott are present. Mr. Chairman, I believe we are ready
to proceed.
Mr. Anderson: At this time, Mr. Sears, do you want to read the opening_
statements.
Mr. Sears: Thank you, Mr. Chairman. This is a project that is of some
substance and size. As Mr. Telep says it involves 235 acres roughly.
As proposed it could entail as many as 1400 dwelling units when com-
pleted. Because of its size, it is a project that is going to take
several years to consummate. We started out on this project last June,
and what we are trying to do
gentlemen, and we have - something of this scope/takes a great deal of
time to put together. We were aware that a project of this type
that the normal method of developing with the state zoning would
work a severe detriment to the project. As a result of this, we started
coordinating our efforts with the Weld County Planning Department in
Ocotber of 1970. We submitted our ideas to Mr. Laurenson and Mr.
Scholl at that time. We worked out some preliminary ideas on our thinking
on the project and wemet with the Weld County Planning Commission
for preliminary review, I believe the last meeting was in N-vember.
2
This is essentially correct. It was around Thanksgiving time that we held
the preliminary basis to present our rough ideas for this project to the
Weld County Planning Commission for their comments and opinions. The
Planning Department is authorized by the Planning Commission to continue
working with us toward what we will refer to in this hearing as a set
of performance standards which which in essence would be covenants between
the developer and the county which would establish the variance controls
and procedures whereby this development would proceed if approved.
Now to make things clear as rapidly as possible and in as little time as
possible I have asked Mr.Jim Barton whanwe retained with Nelson, Haley
Patterson & Quirk as our planner to go through a brief slide presentation
to emphasise to you the essential elements of our project. Do you want
to put the slides up. Keep in mind that the essentials of the project
are clustered with - called cluster housing - these houses are put very
close together. They have small yards, zero lot lines but with large
greenbelt areas for the benefit of all the residents of the area.
This doesn't take too long if these people over here would like to stand
where they can see, this is about 10 minutes. Gentlemen, keep in mind
the only reason that we went to a concept of Weld County,
this concept has been used for a number of years on the West Coast
the East Cost and Hawaii, it has not been used today in this immediate
area. The only reason we went to this was for 2 factors. One, we wanted
to provide a better quality of living for the residents and number two,
equally important, we wanted to have a development on such a basis that
we could quote costs around so that housing could be built so that the
average householder in the Greeley area could afford to buy the housing
unit. Go ahead.
Mr. Barton: We are talking about a new perspective in housing. What the slide
presentation will involve will be a brief outline taking place on the
home market today and then we are going to some background information
of Colony Park and what we plan to do with Colony Park itself. Essentially,
where development is taking place
if you drive on the Western side of town/ you begin to wonder if the home
isthe place to live or simply a place to park your car. We feel it is a
place to live. What we have outlined is a typical lot, this is a lot you
will find in any type of subdivision today. Since we have in the front,
a 60 foot runway used for the street, paving would be within some 40 feet
allowing for 2 parking lanes on either side and two 12 foot drive lengths.
Mr. Sears: I should emphasize right now this is not a dedicated street
3
to the county to be maintained. If you look on your map, these are
those side streets which will be driveways to serve each individual
housing cluster. This would be set off of your dedicated arterial
streets. The red dash line indicates a typical lot line, lot size is
usually 75 by 110 feet. Pretty much standard. Under standard subdivision
regulation, each house is required to have a 25 foot setback which
automatically forms a no man's land in front. This is lawn that you have
to get out and mow and take care of. Also, it provides a parking space for
two cars in the driveway. Then we have what we call a side yard setback
on either side and setback 20 feet. Again, you can't really utilize
this so you have to get out and maintain it.
Mr. Sears; Let me emphasize, we talk about quality of living. This
homeowner in a typical dwelling unit is maintaining 10 feet and 10
feet and 25 feet in front basically for the edification of his
neighbor. He is not getting utilization out of this land. It is
just a lot of work.
Mr. Barton: Again, showing the diagram, you notice the row-type houses -
you get the feeling as you drive down the streets, typical 25 foot
setback and again all it is using is water, which is a resource in
this area, and for parking. Again, this illustration shows the 25
foot setback, and the use of the front yard space. In Colony Park, we
plan to use 30 inches of the lot and thusly we can get by with a lot
smaller lot size and still maintain privacy and it is a lot more liveable
in a close area.
Mr. Sears: These wide streets really work against us in several ways.
Not only do you have a lot more street to maintain f(ar the privilege
of having parking on either side of the street but also you have that
much more storm water run-off. We have to somehow provide for it. This
is a bad solution, gentlemen, and we are trying to change this in the
Colony Park project.
Mr. Barton: This is a typical back yard space. The reason I chose this
lot, you will notice on the left, the person evidentally felt he couldn't
afford to maintain a h;cl{yard. So he portioned off a small area with a
fence and this obviously is where he does his lying. The rest of the yard
probably goes to the dogs. This is pretty expensive. Again, as illustrated
on the diagaram, the side yard space, here again, the area is being utilized.
You have windows on both sides of the house which look into one another.
Then there is 20 feet of area that has to be maintained. This is a
typical culdesac development, again the wide streets and you notice the
parking.
4
I think one disadvantage to wide streets system although we seem to feel
that if you have a wider street you have greater access, this is true,
but you also have greater speeds and speed is something you don't want in
a residential area. What we are trying to do is design a road for the traffic
it will generate.. Obviously, the width of this road will fall into a
category of what they call a collector street which handles speeds
up to 45 miles an hour. This is the type of speed we are not thinking of
in a residental area. We are talking about speeds from 15 to 30 miles
an hour. What you do with a wider street is encourage faster traffic.
you have a low variety in style, turquoise
house is next to the green house, so and so forth. What we think of in
terms of an attractive community is what our architect would call
continuity in design where the one house will blend with the other.
In other words, you have the problem of buying a house and you wonder
what is going to be built next door to you, as is the case here.
We really pride ourselves on our large streets, in this case we have
a 100 foot right-of-way. Well, this is really wasteful because there
is not any 4-lane traffic; there is 2 lane traffic. What you are doing
here is devoting yourself to 16 or 17 feet to one lane of traffic.
It is just something that we can't afford to do. Land is a resource,
not a commodity. Up to this point, it is being sold as a commodity.
So this limits, due to the typical type of subdivision, this limits
also economically what people can buy. We are talking about homes
on up
now on up to the 25/category. Now on the other spectrum, we have the
mobile home which from $12,000 on down so as you can see there is a
void between the 10,000 and 20,000 income bracket, and this is what we
are trying to comply with. I said income bracket, I meant the price of
the homes. Presently, this is what the market
demands for the average home owner or wage earner which is about
anywhere from 7,500 dollars on up to $10,000.
Mr. Sears: Please take note, as you go thin ugh these mobile home parks
you have absolutely zero privacy, nobody is private from anybody else.
You can see from one living room into the next living room, in some cases
you can see right through them right on down the line.
5
Mr. Barton: Also, the size of the lot, the lots in a mobile home park are
almost identical, perhaps a little smaller than what we are proposing in
Colony Park. When we go into the concept later on, I think I can illustrate
that we are getting more privacy and more utilization of the land, with a
smaller lot, it is well designed and well planned. Again, you notice the
size of the yard space not being utilized. The same type of land development
concept is being used here. You have a lot any given dimension and you
place your home in the center of it and this constitutes privacy. It
doesn't. You have to integrate the structure with the lot. Again
eastward
here is an easement of a back / utility which could have been a
greenbelt if planned as so. But again, you think of terms of one house,
one lot basis. Extremely wasteful. When you think of mobile homes, I can't
help but wonder what they will look like 5, 10 years from now.
Are they going to be an asset to the community or not. Again, this is
due west
what is happening on the east side of town. Matter of fact, looking/in
the background, you can see the West campus of UNC.
Mr. Sears: Where do the children here play. Where do they go to throw a
baseball. They don't have anywhere, it is obvious.
Mr. Barton: This particular lot, by the way, on paper is about 25% open space
not
that is/usable, really. This is looking northwest on the east side of town.
That is John Evans High School in the center. This is what we are doing
with our land. Truly wasteful. But we feel there is one way of developing
it. We are doing this to Colony Park. This is the master plan for the
235 acres site.
Mr. Sears : I might point a few things out here before we go on. The
individual lot that the home owner would own is the area
from this private drive, access street to this line here. This is the
open area for the benefit they would have walkways
in them for traffic circulation, pedestrians, bicycles, what have you.
At the end of these culdesacs is what we call a minipark which provides
areas for the kids to play, at the end of each and every cluster.
Mr. Barton: I think I mentioned earlier with the street being such to
accommodate the traffic that will be generated in each area. For example
6
on the circumference, there is a typical 60 foot right-of-way and again
this is what we were showing earlier on subdivisions. The smaller
access streets or 30 foot driveway with no parking on them
6 spaces per unit as well as guest parking. Actually, we are providing
more parking than in subdivisions.
Mr. Sears: If you wanted to visit someone that lived in one of these homes,
a friend, you come down here and park in a parking area - there would be
a sidewalk in front of the house and this house takes us into the green
around
area. So you would walk from you car on this sidewalk/into the front of
the house here.
Mr. Barton: Let's talk a little bit about the site - this is a descending
map. It is located in Section 25 of Township 5 North, Range 66W- if that
means anything to you. That' s due west of Evans at the foot of 23rd Avenue,
which is projected on the master circulation plan for the county
and bounded on the North by 9th Street coming out of Evans. The Southern
boundary of the property would be the Evans ditch. This is how the land
looks today looking due North.
Mr. Sears: This is the outline of the site, this is the junkyard, gravel
pit here, these are all and another junkyard off the edge
right over here.
Mx. Barton: This is the existing land use. The green - the shaded area is
the site, the green next to the site indicates agriculture uses, the dark
brown indicates present mobile home parks, the yellow indicates residential
or single family type of use. This gives us a better view of what the
adjacent land uses are to the site. Right now, they are being used presently
as a junkyard.
Mr. Sears: I want to point out that geographically, this junk yard immediately
to the South of the site is not the detriment it appears to be.
imagine
Mr. Barton: I would like to point out that with the present uses,/the tax
returns are somewhat low. With the development of Colony Park, the economics
will be such to raise the value of this land and make this type of use
economical, and in the long run greater tax return.
Mr. Sears: One other comment, you notice the alkali here, the farm that this
development is taking place on is sub-marginal, I mean it -hot a high value
farm, never would be, never could be.
Mr. Barton: Here is a greater close up of the site. The shaded area is Colony
7
Park and the grays are Evans, LaSalle and Greeley. The circle area
District.
there is the present site of Hill and Park Sanitation; they have 30 acres
there which they can expand. It is a development that is taking place to
the North, and we will tie into that sanitation.
Mr. Anderson: Have those agreements been made.
Mr. Sears: They are in the process. They are already expanding their
sanitation facilities.
Mr. Barton: Again, these are more views of the site. This is looking
Southeast. standing on the western side of the
property. This is an area that all suited for townhouses.
There is an existing pond on the area which will be incorporated in the
landscaping and a portion of the drainage. This is a closer view of the
pond itself. This is looking South. This is a close-up of the type of
soil that is presently there. As you can see, it is a poor quality for
agriculture use.
The concept of Colony Park can be best outlined in this typical cluster.
At the bottom of the screen is the common space and here is the focal point
of the development, in other words, each - the houses are orientated
toward the common area using the streets in this case strictly as access.
As I .mentioned earlier, we have a 30 foot access, in which there will not
be any parking. All parking will be provided on the driveway and then
there are areas in back of the structure for adjacent parking. This is
well suited for campers, boats, so on and so forth, providing there will
be which is covered in the covenants. At the end of the
culdesac or cluster, you can see the guest parking. This gives direct
access to the and to the front of the house rather than
having the guests coming to the back of the house. Here is a closer up
view of the same slide. The units themselves we are breaking down into
what we call zones of privacy. For example, in an enclosed yard in some
units there will be so there are certain levels of privacy.
Again, the key note on these lots on privacy, keep in mind that the
dimensions of these lots are 50 x 70.
Mr. Sears: A typical lot will have a two carport, two car on street parking.
In some cases, there will be 5 cars parking.
Mr. Barton: And this is a breakdown of a typical floor plan, the green
and purple areas indicate open space.
8
Mr. Sears: one is here, one in the middle of the house,
another privacy of the yard, all totally enclosed. The house over here
has no windows on this side, so they can't see what is going on in the
neighbor's yard.
Mr. Barton: Again, as I mentioned earlier, the side yard space. What
wehave done here, we have taken a unit and placed them on one of these
lot lines - we call this the zero line concept. This would give you an
extra 20 feet to work with. The only way this is successful and that's
through a total design and that's what we have done here - that each
adjacent unit has a blank wall, to provide a private wall for the adjacent
unit.
Mr. Sears: This wall has no doors or windows.
lot
Mr. Barton: Again, this is showing a blank wall on a zero/line concept
and if you look inside the structure, you look out toward your side
yard space toward the adjacent structure, which would be a blank wall
and again, minimizing the amount of fencing. Then this leaves space
for the common area which will be for the general use of the people
of Colony Park.
Mr. Sears: This is in Boulder. The edge of the private yard, this area
is the common area. Everybody pays toward the monthly maintenance
of that area, to the Home Owners Association.
Mr. Barton: There will be a sidewalk down the commom area for use.
This is what back of the park looks like leaving area for natural
landscaping. Again, water is the resource and should be conserved.
As you can see, these are nice fences built in quality. They are
very pleasing to look at. The type of unit, we are talking about a
modular, and after this time, people have had a bad impression of
modular. Well, they improved drastically the last 5 or ten years.
We shall go over briefly how these are made. They can be stacked,
they come in multitudes of sections, they are just all sorts of varieties.
In this case, there are two sections which can be bolted together.
They use a conventional type of construction, except that it is applied
in the factory under rigid control standards. These slides are dark-
one thing you are looking at is the American home which is built in
California or they have a factory in Colorado. The wall sections are
made by machines which are prepunched, so there is very little labor
involved. Again, they maintain high control standards.
9
Mr. Sears: These units were completely made in every respect to
all existing codes.
Mr. Barton: These are modular homes finished off
as conventional housing. They can be placed anywhere, in Greeley without
any opposition. These are some of the interiors of the modulars.
These are townhouses department units. Again, these are all built in
factories, trucked out to the site and finished on site. This is another
type of modular using steel tubing. They are finished off as a conventional
type of construction. Here is another modular, built in two sections,
trucked to the site and finished on site. As you can see, this one can
be placed anywhere in the village. Some of the modulars are very con-
ventional, unless someone told you, you wouldn't suspect they were
modular. Colony Park, in the initial type of construction - or the
development stage - we are talking about 1200 units - but the density
can vary and we are talking about 5 units per acre. We can build up
to six but there is a leeway. But I -want you to notice the % of open
It is 46%.
space; Almost half of the development, 240 acres, is devoted to open
space. This is the area devoted to the town house as well as a single
family. The area I am talking about is in the Southwest portion of the
site. The Evans ditch is running to the right of the screen here.
There will be clubhouse facilities devoted to the _ the
clubhouse facility will contain perhaps a restaurant, a sport shop of a
sort, areas where dance instruction could take place, in other words
the clubhouse is devoted to the community and this is what we are
developing. The clubhouse can be reached in the common areas.
Within the collector and 60 foot local streets, we have pedestrian
so that kids going to the clubhouse or to the school or to the shopping
facilities will not have to cross the street. Again, the lake is part of
the drainage system and will be filled at all times.
Mr. Sears: The principal source of water is underground water, it will be
pure water.
Mr. Barton: This will be our source of irrigation water throughout the
development. In other words, it will be recycling. We have included in
the development an elementary school site and the dotted area shows the
pedestrian underpass.
Mr. Sears: By the way, this is an underpass, the street is taken
up above grade and you can see through from here to here. You are not
going down into a hole underneath.
10
Mr. Barton: This gives you a close up of the lots, the yellow being the structui
the white area being the lots, and then the common area between the lots.
So you can get on the comedary and go within anyplace within Colony Park
without crossing the streets. In areas where there is enough land
enough for a small neighborhood area. We are not talking
about a large playground. Also in this development, because of its
size, we are including several shopettes. Shopettes are convenience
shopping kinds of utilities strictly for people in Colony Park.
They will be strictly regulated. Here is another shopette adjacent
to the units. You don'thave to have large signs to advertise location.
Mr. Sears: The shopping area here is for the people of Colony Park and they
know where the dry cleaning shop is - they don't need a sign to tell them.
Mr. Barton: So essentially what we are talking about in Colony park is
234 acres of a planned community which is in a price range where the
average American can afford to live. When you think of 5 or 10 years
And showplace
from now, this will be quite a development/ of Weld County.
We are going to talk in different terms of land use - talk in terms of
higher density or land use. First we will want to maintain our open land-
our agriculture land which is our resource today. At the same time,
stay in the range, as it is today. After all, this is one of the
joys of living in Colorado. Thank you foryour time.
Mr. Sears: Gentlemen, the reason we have been working with the modular concept
is that within 30 days time that the party buys the house from them we can
have them living in that home. Time is critical to people and time is
especially critical to the developer in savings of the cost of housing.
Becuase that interest and those other costs keep going on, so time is a
critical factor. Now related to this time, in order to establish our
ability and the ability of those in this area to sustain this type of
housing, the manufacturer end of it is important too. Most all your
manufacturers deem that 300 miles is the maximum efficient carrying range -
you can pick them up and move them up to 300 miles efficiently.
But we are talking about starting a plant in this area and there are
several manufacturers that vitally interested in locating in this area,
within approximately 10 miles of the site you have been looking at.
11
Poeople of Kersey have been working for about 10 months themselves
on this, they have representatives here. They have done a good deal
of the ground work on getting the site to move in their area. Dick,
I don't know which of you wants to speak on this issue.
Richard Heyman: This goes back to about September or October that we formed
an industrial corporation out there with the thought in mind of enticing
this sort of industry in our area. We have a number of people who need
employment - we need the tax base ourselves - and so we formed a corporation.
It looks like to us a great opportunity to get the plant we are interested
in if the zoning is granted to thesepeople and the contract can be worked
out between us and this particular manufacturing plant.
Mr. Sears: I would like there is not a new house
in construction in Greeley or the area that the average wage earner.can a{{.,A
We talk about this as low cost housing but this housing will be lower
cost than anything that is being constructed. We have enough pricing
now to know we will be able to meet the average at around $8,000 -
the average household is earning in the area of $8,000 to $8,100.
new
Again no household making this income can buy a/house now being built.
The need is great and we hope this will meet this need.
Mr. Anderson: At this time, is there anyone here to support this application.
If so, please come up and take that chair with Doug and give us your name
and address. We are on recording,miss, if you will come up and take this
chair by Mr. Sears and tell us your name and address.
Russell Gallegos: My name is Russell Gallegos, I live a mile west of Evans
Route 3, Box 454, Greeley, Colorado. I was wondering about what they
were going to do with the poor people who have poor houses; they already
have houses, if they already have houses, they don't have to buy them,
you know. Most of them got little houses and stuff, Most of them can't
afford a brand new home, they have low income, they already got their
house. I mean, we don't care if they biuldhouses or do whatever they
want, they can build or zone or do whatever they want, as long as they
leave everybody else alone.
Mr. Anderson: This is a whole new concept, Russell.
They are asking for this piece of land, they can't bother you.
Mr. Gallegos: They can't bother nobody who is already there.
Mr. Billings; You're across the road from the South, right.
Mrs. Cunningham: He lives right next to me and I am Mrs. Cunningham ,
12
Mr. Gallegos : Most people got chickens, they got dogs and stuff like that
and they have had them for years. They would hate to get rid of all those
animals.
Mr. Billings: This is only an application for change of zone, this doesn't
affect your ground.
Mr. Gallegos: This doesn't affect our ground then, we don't care what the
next neighbor does as long as he minds his business, we mind ours. It has
always been like that. We have lived there 30 years and do that way, its
always been like that.
Mr. Billings: The only way this affects your ground would be if your house
would set in the middle of this or be in this property but there are not
any homes at all in there.
Mr. Sears: There is not a single housing structure in the area.
Mr. Anderson: Wait a minute now, one at a time, we are on tape, we have to have
you people identified.
Mr. Gallegos: My brother owns that wrecking yard that he's looking at in that
area, you know, on the North side of the ditch.
Mr. Billings: The zone change for your information would only be what Mr. Sears
is talking about, not your land.
Mr. Gallegos: It wouldn't be my land, okay, that's all I wanted to know.
Mr. Anderson: Is there anyone else who wants to talk against the application.
We have to have your name and address.
Mrs. Cunningham: I am Mrs. Cunningham, housewife, I live Route 3, Box 452, Greeley.
Mr. Anderson: Where do you live from this area, Mrs. Cunningham?
Mrs. Cunningham: I live right east of the property they have got over there.
Just across the fence, I own24 or25 acres there. And Mr. Marrs live in
the corner on the same plot, only they live over in the corner, they have
lived there about a year longer than I have, and I have been there about
20 years. I got a letter telling me they were going to have this hearing.
Mr. Anderson: What is your reason for opposing it?
Mrs. Cunningham: Well, I have lived there 20 years, my husband bought that place
and worked hard for it, and I don't think I want to give it up.
When they zoned it - and I have to move everything out - it's true, I have got
25 acres, they probably confused that, that's the idea behind all of this,
I don't know. But I don't want to sell it.
Mr. Billings: Mr. Sears, her land isn't included in this -
Mr. Sears : No, Sir.
Mrs. Cunningham: It isn't, then you just wanted us to come here to sign up for
this zoning change if we wanted it.
Mr. Sears: No, maam, that was by action of the Commissioners to notify you
so that you would
13
Mrs. Cunningham: And what about this road then they are talking about putting
through then by our place west there.
Mr. Sears : That has nothing to do with our plans, that has to do with
a master road plan that we had to conform with.
Mrs. Cunningham: The one that goes North and South
Mr. Sears: Yes, Ma'am, we are in the same position as you are in regard
to that. That is a master road plan that people already in the county --
Mrs. Cunningham_ I do believe I talked to you on the phone the other day
Mr. Sears: I returned your call, ma'am.
Mrs. Cunningham: I asked you a question about whatyou was going to do with
the sewage that comes from that place. I didn't quite understand what you
meant.
Mr. Sears: It all goes through a sewage treatment facility.
Mrs. Cunningham: You said you were going to put it in a hole, then, and take
it out _ and use it, or something of that order.
Mr. Sears: Oh no, ma'am, it goes through a sewage treatment. She asked
the question of whether the sanitary will be on septic systems, and it will
not be, Mrs. Cunningham, it will go into pipe and it will be piped in a tight
pipe that can't leak - the State Health Department doesn't permit that -
and go just like the city of Greeley or the town of Evans.
Mrs. Cunningham: In other words, you have a sewage treatment plant, that's what
I wanted to find out.
Mr. Sears: We probably will be going into the Highland Hills Sanitation
District.
Mrs. Cunningham: Where is Highland Hills?
Mr. Anderson: Mrs. Cunningham, it is up there west of - _ ','^c_r - up there
by Shanks.
Mrs. Cunningham: Oh, yes, you are talking about the trailer court, there, are yot
not. I know where that is but I dint know the name of it. The reason why
I asked was because there are a lot of people who have wells there and that
sewage plant up there on the hill is sure going to fix our water up down there
If it isn't already polluted, we haven't had it tested for five years,
since we got city water. We haven't - I don't know about the rest of my
neighbors.
Mr. Anderson: Do you have anything else to add, Mrs. Cunningham?
14
Mrs. Cunningham: No, I just wanted to know if they were going to take care of
the sewage and if that road was going to go through there. If they are going
to open that up.
Mr. Anderson: It doesn't show here on the plot.
Mr. Sears: She is referring to that east west collector. This is towards
the South end - you see that 80 foot collector - now that would go right
into her ground, but that has to do with the long range road plan, Mrs.
Cunningham, which was adopted by this board or
Mr. Billings: I think that plan is the one that the city of Greeley had,
the long range plan - it maybe ten years before that road is built, it may
never be built.
Mrs. Cunningham: Oh, you mean the one running north and south - oh, we've talked
about that for twenty years.
Mr. Billings : Does that answer all your questions?
Mrs. Cunningham: Yes, I think so.
Mrs. Casey: I am Mrs. Ralph Casey, Route 3, Box 454 C, Greeley.
I am not exactly opposed to the zoning but I wonder if there is any control
about the number of people who can be put into the area after the zoning is
once granted or if it has to be decided now. It looks like to me there is
an awfully lot of people going into that 234 some acres - if they have
553 single dwellings - 222 town houses and 402 apartments - now
they said they have a play area, but I don't see where they have a large
play area where the kids can play ball or anything like that - they have
small play areas at the end of each group, but it still looks like an awful
lot of people - there is no restriction on the size of the apartments, so
the town houses and the single family units are small, but this still
could accomodate an awful lot of people and I am wondering if there are
restrictions after the zoning was once granted as to the number of people
who could move into that area.
Mr. Sears : Would you like me to answer that. To give to
relate to, the density in Greeley, Colorado, the average density is in
excess of 8 units per acre, a little less than 9. The acreage with the
density limitation here would be 6 maximum, so that the density actually
the present density
of this area would be less than/in Greeley, Colorado.
Mrs. Casey: Is that including the apartments? What do you mean by unit.
Mr. Sears: A living unit. That doesn't make any difference whether it is
an apartment or single family. That 6 living units per acre average, that is
14
our maximum and that requirement is stipulatedas part of this location.
Mr. Billings: That also means the town houses, there still would be less than
6 per acre.
Mr. Sears: What this requires is that wherewe have apartments, we have more
people closer together - in those areas we will have much bigger lawn areas.
In other words, you are taking what would be spread out single family and
putting them together and opening up the open areas. I can show you on the
map, can I borrow this, this area - perspective wise, it doesn't look like
you have very large play areas. - but keep in mind this site right here
is 6 acres. When you look at this piece of ground, it doesn't look like
a big area. But this area that my finger is drawing out here is 6 acres
of land.
Mrs. Casey: Six acres of land isn't very much after you put in a school.
Mr. Sears: Well, I was just showing you that - there's room in this open
area for probably ten ball fields. With the school there, it would be a big
area. In other words, a typical Greeley park is - for instance - the far
park - are you familiar with that in Hillside - that is something in the
area we are creating.
I am Ralph Berlier.
Ralph Berlier: We live east of the land belonging to Sears. I oppose the
zoning because what land has been rezoned out in there - there has been
no control over it usually after it has been once rezoned. The piece
of land directly north of me was involved in a rezoning to mobile homes -
3 days later they started developing that land, I came to the County
Commissioners - and asked them about the drainage system for it. I was told
there was nothing they could do about this. So there was nothing done.
Later on - when they got further along with it - I came back to the
planning commission and was told to go to the county commissioners - I went
to the county commissioners and I was told it had been incorporated in
Evans. That if I wanted anything to be done about it, to go to the city
of Evans. So I went to the city of Evans. The city of Evans informed me
that water was the problem there. I went to the city of Evans and was told
to dispose of that water any way I felt like it. And that today is where it
sits. This other ground to the west of me slopes right in the same direction
I will have water problems. I know you are going to tell me that I won't.
But I will because I have already tried you folks once and you evidentally
have no authority on this so until someone comes up that has authority
15
such as a city government or a planning commission or a county commissioner
or someone has authority to say what can be done or what will be done
I can't see allowing anything of that nature to go in.
Mr. Anderson: Do you live just east of this place.
Mr. Berlier: Yes, sir. My west boundary is his east boundary.
Mr. Anderson: You are behind Neely.
Mr. Berlier: Yes, sir.
Mr. Anderson: You got that forty behind Neely. That is where that natural
drain goes down - does that go through or along your fence line.
Mr. Berlier: It came through me at one time and now it is debatable where it
goes and what it does. That's part of what started this whole problem
is that drainage through there. Actually, you would have to go a long ways
before you come up with any solution to it, but like I said, I do know
that after all the trying through here that you cannot get any enforcement
in a deal
of that nature out there. I know what they are going to do is they are going
to say we are going to annex to Evans - we are going to annex to Greeley, and
then you got more problems than ever because nobody is going to control
it anymore so out of Evans or Greeley than they do just turned over to the
landowner, or the developer or what have you.
park
Mr. Billings: Which mobile home/are you talking about.
Mr. Berlier: The one directly north of me - Terrace Park.
Mr. Billings: When was it developed.
Mr. Berlier: It was finished the past year. It has been in the process
3 or 4 years.
Mr. Anderson: The one that Jimmy Stewart built.
Mr. Berlier: The man just said he has a drainage report - which is fine -
but who is going to back that report other than his word. Supposing
tomorrow he changes his mind and now wait - we've submitted this - and we
turn around and run it this other way and let it go at that. I know there
is laws for this and laws for that and laws for the other but in the past
3 or 4 years I found out that the laws say you can't do this and you take
a notion to do it, you go ahead and do it anyway and then the opponent has
to fight it through the laws which I can't believe that those poor land owners
surrounding that should be forced to spend 1500, 2000 or even one dollar
fighting a case in court simply because someone wanted to go with another
deal. I mean, if he decided to change his drainage or he decided to change
any other part of it, he would do so and then it would be up to the public
or neighbors to convince the court that he is wrong, and I cannot go along
with a of that nature.
16
Mx, Lorensen: Mr. Chairman, may I respond - in the official development plan
is
there are provisions in here that as each section/being done that there is
to be submitted like any other development a subdivision plat and at that
time there will be an extremely detailed study of that section that they
be
were planning and the drainage would have to/accounted for at each and
every step of the way which would be reviewed by the planning commission
and in comparison to the mobil home park - I was not here - but it was my
guess that the mobile home park did not have any drainage features to worry
about. All new developments that are going in now require drainage reports
and proof that there is ability to take care of the drainage on each and
every thing and since the time that that mobile home court was developed
new standards are being developed to solve the very problem that we are
talking about because in the past they have arisen and the problem has
been taken care of. There is a page of development standards here which
tells exactly what has to be done in each and every case and the thing
that relates to this is that every piece of this has to be subdivided
and the developer has to answer all the questions in advance as to how
they are going to take care of the drain. If you can't take care of the
drain and it does not have the right to plat it, then, therefore, the land
remains bare until an answer is derived.
Mr. Berlier: Then supposing the developer decided well there is a water ditch
going down along this way, we will dump into it. That's what I am getting
at, without there is someone to control this he can say, well, I am going
to dump this in this ditch and then it is up to the neighbors to go to the
board and prove he has no right dumping in this ditch. That's the thing
I am getting at - why should a man that is living there now have to go
and fight ---
Mr. Lorensen: He shouldn't, he certainly shouldn't. There should be a full
drainage report - they have to tell where the water is going.
Mr. Berlier: That's what I say - the law says that and if a man decides to dump
it in there - the poor neighbor has to prove that he is wrong.
Mr. Billings: This may have been in the past, this is why I asked about the
mobile home park.
Mr. Anderson: Wasn't that started about 1968, Ralph.
Mr. Berlier: 68 or 69, someplace in there.
Mr. Anderson: We have learned a few things since then but not enough.
Mr. Berlier: So have I.
17
Mr. Lorensen: Mr. Chairman, one other thing has beerointed out and this is
a part of these - and there are two statements that apply to this and that
is where adequate service drainage is not possible by grading alone.
They supplement a drainage system approved by the county engineers
which they install which again relates back to the approval of the county
to - controlled by the county engineer. Also, excess drainage other than
historical run-off from the side shall be controlled through a retention
pond designed with a 50 year storm base. That saying that there is
a certain amount of run-off goes across the bare land right now. Anything
that changes that design and that amount of water has to be provided for
by retention ponds and it is based upon a 50 year storm.
Mr. Sears: It is also very relevant, Mr. Chairman, and I will speak on this
issue - I am very familiar with Mr. Berlier's problem - it probably lies
some-
directly in the path of an ancient drainage way - there is thing in excess
of 600 acres that is being subdrained into a surface ditch that is running
into his property. Some 40 acres of this particular farm we are talking
about is subdraining into that ditch, we are not surface draining into it,
but the subdrainage, the underground water is contributing to the water flow
through his property and always has. There is a tile that is put in there
by the former owner on this farm that is draining some 25 acres - that is
feeding into that ditch directly in an open tile - we will be relieving.
I can't speak to the county enforcement - but we will be draining and we
will be intercepting this line and as near as we can get to a 100 percent
of our underground water, we are going to collect and run into the lake that
you see on the plan - just by our very act alone, we will be relieving
the underground water addition to this drainage way problem. This will be
subtracted from water that is now going into that drainage way.
Mr. Anderson: Have you filed on this drainage water, are you sure somebody
doesn't own it down below.
Mr. Sears: All I did was call the state engineers - no, they do not, I called
the state engineer's office - this is shallow, this is within 8' of the
surface.
Mr. What about this lake that is going to be located in this zoning
park.
Mr. Sears: You know where the power line runs through there - it's right there
Mr. Along which boundary of your property does it run
Mr. Sears: It's not on the boundary - it's in the center
Mr. Anderson: To get this hearing on, is there anyone else who wants to talk
against this.
18
Mr. Meyer: I am Eldon Meyer, Box 449, Greeley, Colorado. So far, Mrs. Cunningham
asked what they was going to do with her property - Mr. Gallegos - they
don't even live there - this is Section 25, this is what we're talking
about, isn't it. We live in Section 25.
Mr. Sears: This is strictly the Robinett farm that this zoning pertains to.
This is the only interest that I have, sir.
Mr. Meyer: But it also, that other property around, the junk yard and stuff
you are not interested in.
Mr. Sears: I am not.
Mr. Billings: This zoning change pertains to only this property, if someone
wants to rezone your property, they are going to have to talk to you.
Mrs. Cunningham: Then how come you called us up here.
Mr. Billings : This is required - we want to know how the people feel that
live in the surrounding area. It is required by this board - not by
Mr. Sears - we do not know your feelings so that is why you are called.
Mr. Meyer: But you are actually not going to rezone the area there.
Mr. Billings: No, sir, only that portion of Section 25.
Mrs. Casey: That goes back to what I asked a while ago, if the zoning is
granted, will the planning commission have any more control over it -
does it give complete control to the developers.
Mr. Anderson: They have to follow the rules and regulations.
Mrs. Casey: For instance, the sewage deal, the sewage - if it isn't adequate]
take care of - you said the plan was going in with Parker Hill.
Mr. Anderson: That comes under the jurisdiction of the Health Department -
they got to comply under the water pollution laws, ma'am - the sanitation,
in other words.
Mr. Meyer: I am a little - straighten out the water first,
before we comply.
Mr. Zoyiopoulos : My name is Robert Zoyiopoulos with the town of Evans. I am
not here to speak either for or against the project. The town and the
Board of Trustees have sent a letter to the three commissioners - if you
have any questions on that, we would be 4ad to answer.
Mr. Anderson: Would you please read this into the record, Mr. Zoyiopoulos.
Mr. Zoyiopoulos : If I could have a copy of the document that is final typed -
Mr. Anderson: We would like to have it back for a matter of record.
Mr. Zoyiopoulos: Town of Evans, Evans, Colorado - Marshall Anderson, Greeley,
Colorado. Reference Colony Park. Dear Sirs: It is difficult to understand
that with the location of Colony Park to the Town limits of Evans that we hay(
19
never been notified in writing of any of the zoning meetings as outlined
in your own zoning manual. It is even harder to understand the Zoning
Board passing the development to the Commissioners with a favorable
report. We will eliminate the discussion of the planning for the
development until a later time and concern ourselves with some basic
facts about the project. The project will produce in excess of 4,000
people contained in 234 acres. This would be the second largest "city"
in Weld County under todays standards. Assuming that Colony Park will be
governed by a Board of Directors elected from within and not run by a
management company, the following assumptions will be accurate. As
you are aware, quasi-municipalities not only impose an ad valorum tax
upon themselves, but also receive tax revenue from every public corporation
located within the boundaries of the area. (Telephone, electric, gas, etc. )
Even police protection is supported from revenue through the municipal
court systems. The county, state, and federal governments, in some form,
return revenue to every quase-municipality in the county and every county
in the state of Colorado. It appears that without this added revenue,
that every city in the county is now needing dearly to provide services
for its citizens. The residents of Colony Park are superimposing additional
taxes upon themselves without a complete understand of why cities were formed
in the first place. What will happen in the long haul is just like what
happened to the special districts (water, sewer) that were formed in the
late fifties and early sixties. The Abstract of Assessment from the five
counties surrounding the City and County of Denver explained the results
of the special districts. People relocating to this area will assume that
some form of quasi-municipality exists and will be governed by elected
officials that have all the rights under Colorado state constitution for town;
and cities. Without these rights, the lost revenue, a somewhat powerless
Board of Directors will turn this area into a quagmire of problems to be
solved only by the County Commissioners and their staff. There are
numerous examples that people cannot and will not govern themselves under
the Colony Park setup within ten miles of the Weld County Court House. It
is, therefore, our opinion that if Colony Park isn't annexed to Greeley,
Evans, LaSalle or form a new city, that some innocent people are going
to suffer by accepting this zoning change at this time. Sincerely yours,
Board of Directors, Town of Evans, Lloyd E. Robert, Gene A. Brown, John
ru
O. Shull, Edwin McLaughlin, C. A. Towns, Vernon L. Lief, Charles E.
Etherton.
Mr. Anderson: Let that be a part of the record.
Mr. Zoyiopoulos: The board has also questioned the traffic flow on 9th Avenue,
in addition to that, the additional flow that we superimpose on 9th
Avenue - if the county had a bigger entity or assumed part of the responsi-
bility of developing collector streets and took the responsibility from
the town, the town of Evans wouldn't be concerned, they are concerned
over the people that might move into the area-as far as protection goes -
as far as the revenue that might be lost - as far as people trying to
govern themselves under this type of policy - these questions haven't
been answered - they haven't been to the town board to make a financial
review of it - they haven't asked for sewage facilities - they haven't
asked for annexation - so we basically don't know other than what was
said here today and we've heard once before - basically we know more
about Colony Park than the rest of the people and we are wondering why
we haven't been invited - because we are within a mile limit and
our town boundary is now at the corner of 23rd and ninth street - which
is just kattewampus from this project.
Mr. Anderson: In other words, you could touch it.
Mr. Zoyiopoulos: Not quite touch it - there is a corner on their northeast corner
that is not in.
Mr. Anderson: That's the property of John Ewing.
Mr. Zoyiopoulos: There is that one corner that can't be touched. But other than
that being so close, it is hard to understand why we
haven't been notified.
Mr. Anderson: How come they weren't notified, Mr. Thompson.
Mr. Thompson: The applications indicate that they should have been referred
to Greeley and Evans both. They were supposed to have been referred since.
In addition to that, whether the referral was sent or not sent
there was a request by the planning commission that the drainage on this
should be subject to the approval of the town of Evans which again should
have brought them in direct contact with regards to the report that was
sent. It was essentially, at least it is our understanding that it was
to be performed by the developer to make this contact.
21
Mr. Zoyiopoulos: We did get a contact on that. We werent asked to respond
but we did have a presentation. The drainage map and the
showing Colony Park was presented. The question goes into deeper rather
than the planning of it - towns, of course, receive revenue back on
the road user fund. The town of Evans which is 3000 people receives
$10,000 back on the road revenue fund. The police department generates
a revenue by itself of $12,000. Without this added revenue coming from
that area, without ability to tax themselves and gain money back
with
just/Home Light and Power, a gas company, telephone company, they will then
superimpose another tax upon themselves to gain this advantage that they
don't have now. Either form a new town, annex to Greeley or LaSalle
or Evans, or whoever would care to have them, if either of three don't
want them, then form a new town, so that you do have a government run
by the people, so that you are able to , we don't have
valid
enough information to make a/choice one way or the other.
Mr. Sears: May I respond - number one - whether or not we annex to the town
of Evans is totally outside of Mr. Zoyiopoulos' control and totally
outside of our control - we cannot under state statutes legally annex
to the town of Evans - now that is a fact. I contacted Mr. Zoyiopoulos
personally to talk about him about the Evans sanitation district which
is not exclusive to the town limits of Evans. The district that is
incorporated now there is not within the town limits of Evans and he
informed me that we could legally incorporate our area into the Evans
sanitation district if we so desire to do. so. If the sanitation district
approves. I was specifically seeking information on a specific fact -
elevation, size lines, this type of thing, so that our engineers could
incorporate this information into our requirements to see what the
problems might be - Mr. Zoyiopoulos said that the engineering firm of
Nelson, Haley, Patterson and Quirk should have the data and he authorized
me to contact them for the relevant data that we needed. This was well
in advance of the public hearing or the planning commission hearing.
The town hall office was notified as of the date of the county hearing -
I don't know whether it was done by letter - I assume it was done in
formal notification - the planning office here said that a representative
22
from Evans would be at that meeting - I was informed - I was going to
take it upon myself to call them - we already had conversation with
Mr. Zoyiopoulos, somebody, somebody had indicated that they would
be at that meeting - at least this is what I was told. This was not
a requirement that we had to contact them at this time but I was going
to do this. I talked to Mr. Roberts the week following the planning
commission's approval of this and they request us - the mayor I mean -
that we follow the planning commission and request that we contact them.
I asked him what the procedure was to get on the city council agenda -
the town of Evans - and would a letter be required or even desired.
He said there was no letter needed whatsoever - that he would see to it
we would be on the agenda for the following Monday night - Mr. Barton
representing us
attended that meeting and explained the plan and he was there to answer
any questions they mighthave. There has been no conscious effort on our
part to go around the town of Evans in any way shape or form- obviously
it would serve no purpose to go around them in any way shape or form.
Because it would not serve our advantage in any way, to not keep them
informed of what we are doing. Mr. Zoyiopoulos had known about this
county
as I say, for about two weeks before the/hearings on it, he knows where
to find me - if he had other questions that we hadn't adequately
answered - questions they might have - Mr. Roberts - we had numerous
discussions with him on this and at my request he did come in and I
offered to go to Evans and Mr. Zoyiopoulos and Mr. Roberts did come into
my office and we did go over these things and I thought if they have
further questions, we would be hearing. In terms of his points in the
letter, in regards to the people being damaged because of lack of
familiarity as to what might be imposed upon them in the way of an
additional tax I wish that if the town of Evans wanted to make a
responsible presentation to you that people could be damaged that they
document these statements. I suggest that they cannot document these
statements - friends, we are gambling a fantastic amount of money into
this project and believe me, the amount of money we are talking about in term
of this project - it essentially would be totally improbable and totally
just can't happen without /thoroughly researching to our satisfaction
23
the viability of this form of home ownership. That being under a home
ownership association - I can in the space of a few short hours because
I have this documentation show you where this type of community -
not only is it working, it is flourishing and it is serving a very
real need to the public in terms of housing.
Mr. Doug, would you be interested in annexing to Evans, for
example.
Mr. Sears: When and if the time comes, it is going to be up to the Home
owners Association to make that determination. That will not be some two
years hence if this is approved, this will be owned by literally hundreds
of families and they will have a duly elected representation speaking for
them and acting on their behalf - everything will be done - such as
annexation - will be done by the vote of the people - if they are getting
damaged- they have the right to come into status and incorporate the town,
to annex, to do anything - they have any number of routes available to them,
on the same democratic basis that any area has. The trouble with districts
and I very much agree with two of their points and I think there has to be
some answer to this - the multiplicity of district that are
created in our state - we have all seen in the papers and watched what
happened in Denver metropolitan areas where you have recreation districts,
sanitation districts, water districts, school districts, you have these
manifold districts and overlapping one another, superimposed and it does
get to be a horrible mess. This project cannot be equated to a Lakewood
situation with all these overlapping districts. Here we have a singular
identifiable entity of a density somewhere equal to the density of Greeley,
for instance, that is not spread out and overlapping, it doesn't lend itself
to the awful mess that Bob is making reference to that is happening
around us. Whatever Colony Park does will do as an entity. The point
I am getting at here is that there is considerable difference between the
Colony Park situation as compared to the bad
examples. Now, as for this point about the streets. I am sure you are
referring this specific case - it isn't detailed - because it involves other
streets - here we have a street coming out of Evans that Evans I assume
under present county designation is primarily an Evans and county problem,
in terms of this ability to handle traffic. Is that correct.
24
It is designated as a county primary, ins't it?
Mr. Zoyiopoulos: I am not sure we get money back from the county to make
improvements.
Mr. Sears: Well, it has a highway county designation.
Mr. Only the city limits. 23rd Avenue West
Mr. Sears: There should be some fair basis, you see you have and it's
going to get a lot worse, if it wasn't us in Colony Park, it is going to
be somebody else, you already have Arrowhead that is developing and adding,
you have three very large trailer courts and these are going to be doubling
in size in the next year's time. I am talking about where 9th Street is
the principal feeder of thesedevelopments Now this is just the start of
this and the next ten years we are going to see the population - forget
east-west
Colony Park - 9th Street is going always to be a main/arterial. And
his point about what will Evans do about this portion of this main arterial
is a viable and valid question, in my opinion. And somehow all the people
who are contributing - there should be some taxing basis - so that Evans
doesn't bear the brunt of it on their part. The county has a tax basis
Colony Park will be paying their full taxes to the county of Weld which
in theory we hope we will be dedicating the land for the wide arterial.
And will pay their way as far as the county is concerned. The problem
is Evans and I think he has a valid question.
Mr. Zoyiopoulos : I think there is a misunderstanding in the way the letter
hat
was written andA tried to say. Without being a taxing entity you are
losing revenue and superimposing tax upon yourself - I am not saying
you are doing it directly to the people or indirectly by not being -
by being Hill and Park, you lose the 3% franchise from the electric
company - you lose the money from the telephone company - you lose the
money from the gas company that has money coming back. If the county
will remit that to Colony Park than our questions are out of the way.
If you get the limit back on the road user fund - but the town of Evans
picks up quite a little money just by being a taxing entity - they can
tax corporations that are serving the unities on a franchise basis and
in addition to that under assessed valuation. And without that revenue
I think you are going to have to have if me Owners Association impose
a tax upon yourselves to compensate for the loss revenue that is not
there as far as documenting it. We have the abstract of assesment from
25
the various counties around. We do have a tax entity. Without that
taxing ability, you are losing money. And it is going to be reflected
to the home owner.
Mr. Sears: Well, on the surface that appears true. In actuality, that is
not the fact of the matter. It does affect it in terms of the state
collected revenue but only there because it is available to us, we are
dealing with private companies in every case who are going to be serving
in this area. And the means under their P.U.C. franchise or certificates
of authority - the means available to them, as a matter of fact - to
aqualize these losses that otherwise would occur. We have already looked
into this.
Mr. Zoyiopoulos: Just police protection alone on revenue not
being a municipal system will cost you in excess of $12,000. These are
the things we want to explore so that it doesn't be a Hill and Park
or Highland Hills where the people can't govern themselves. We got
basically the same thing out there without a Home Owner's Association.
We could form one quickly enough but our roadsaren't maintained. It is
a heck of a mess out there. And I think we are asking for more of the
same out here without a government to control it. That' s the only
question the town has -that's two things - the people going in there plus
the overall control on the road set up.
Mr. Sears: The answer is that this is not a Hill and Park, this is not a
basis of
Highland Hills - obviously, the whole/concept is that people can collect
if they govern themselves.
Mr. (Audience) Do you truly believe that you can put a group of families there
and make them live without a squabble, one person living next door to the
other - that will never pick up one another's lawnmower or gardenhose
or - there has to be somone there to enforce this.
Mr. Sears: You bet, People are going to be human.
Warren Erick: I am Warren Erick. I have Terrace Mobile Home Park. I am not
speaking for or against Colony Park here. The question Ihave has been
brought out about the surface water, or the underground water and the rights.
1,r„ lira/« has a half interest;" 1400,t A 31uvPAY �a's 1' do and this is in the
drainage area that has been spoken of here today. The primary source of
water comes in the drainage of the farmland of this area today. This filing
26
goes back to 1891, I think that is the first time. It showed up first
combined as
as House and than as McMurphy - then/ House-McMurphy Ditch -
Mr. Anderson: It is filed on then.
Audience: You are actually referring to the right-of-way of the ditch
The thing I wanted to clear up is under the water
laws where drainage is now running off this farm-actually that water
underneath the farm or this property - would be in control of that property -
so if he changed that - that wouldbe his perogative that you are concerned
about the ditch itself.
Mr. Erick: Well, what we use this water for, in our case, is for watering
lawns at Terrace Park. And Mr. Neely uses it for watering his irrigated
pasture.
Mr. Anderson: In other words, you have the filing on that water.
Mr. Erick: The ditch or the water, however it is. Our attorney has handled
it. The planning commission is getting information on it.
Mr. Sears: The area that they have the rights - the bulk of the water
that that ditch supplies is irrigation ditch-water. During the summer
months, when they are irrigating. However, the area - I believe I am
correct - the area that is subdrained that falls under this waterrights
all in the
was/original area that was subdrained to the North side of 9th street
running out of Evans. There are about eight different title lines - there
have been some of them very old, some of them not so old - but they are
all 10 plus years old that I am familiar with - Robinett did build one
little short tile line andas I told you some 20 or 25 acres in 1968.
Which was in addition to water to this wasteway. All of the rest of the
water off this farm has come in a half-mile south of where Mr. Loren's
waterrights would be taken. They don't figure in any way of terms of
damaging water rights that you have. That's from our research, that's what
we determined.
Mr. Anderson: Is there anybody else that has any opposition to this applicatior
Mr.Flores: My name is Jesse Flores - and we own 5 acres down by the river.
You guys mentioned something about the Colony being up to 23rd.
How far do they go to 9th Street and Evans city limits -
Mr. Sears: 80 acres North
Mr. Flores: Where is he going to rezone - is that going to be above the
Evans ditch.
Mr. Sears : It is north of the Evans ditch.
27
Mr. Flores: You showed all those houses and pictures - now we have lived there
about twelve years - we have been wanting to - -we bought that property
in order to divide it up in acres so that we could give eachone land - my
brothers and my dad. And we haven't been able to do nothing there yet.
We tried to survey the land and they told us we couldn't survey - because
the county hadn't surveyed and wehad to survey I don't know how many
acres before we could get to our land. And we have been wanting to each
one of us get our piece of land and build our houses or whatever we want to
do with it. We haven't been able to do that.
Mr. Anderson: That doesn't sound right.
Mr. Telep: I can answer that, Mr. Chairman. What they are talking about
is that they have to find a point to start something. If you have five
acres down in somewhere, it is most difficult to have it done. If you
you live
want- in the southeast corner - your land, Doug.
Mr. Sears: On the South side of the Evans ditch.
Mr. Telep: On the South side or the North side - well, anyway, where we
are I am sure that Mr. Sears, I am sure they have a survey of this land,
if you wantto get a common point there you can easily get your five
acres surveyed so that you know absolutely where it is.
Mr. Flores: Well, now, 23rd Avenue - are they going to make it straight
and then they could tell me that they are going to build a road here.
Mr. Telep: We don't have 23rd Avenue there - this is 23rd Avenue extended
if it were South.
Mr. Sears: It says on the Master Plan to be extended.
Mr. Flores: Well, if you would come straight it would come right between
our land and our neighbors.
Mr. Telep: Well, this is true, it would come between your land, you would
lose 30 feet, too maybe.
Mr. Flores: We don't know where our boundaries are - we haven't been able
to fence our land - are you going to do it or not so wecan fence our land.
Mr. Telep: We have no plans to do it, not now. Maybe 5 years from now.
Mr. Flores: We bought our land - maybe we can't fence our land because we
have to give a right-of-way to the people that are there. The guy that
sold us our land, he didn't put any thing in it about a right-of way.
Mr. Telep: I can't answer that - if you live close to a Section line,
and I assume that is a section line. If that is a section line and the
county has to come through there for a public purpose, to serve the public
with a new road, they can take under the statutes of 1889 30 feet of
28
one side and 30 feet off your side. That's the law.
Mr. Flores: We understand that but they keep telling us they are going to
do it and they don't do nothing. We can't fence our land, and the neighbors
that are back here they are the ones holding the map, we didn't buy no
rights.
Mr.Telep: We can't answer that and I can tell you right now that on behalf
of the county we are planning to do nothing there at least in the inmiediate
future. What happens 5 years from now or 10, I can't say. I don't
know, if there is ever a need there and Mr. Sears just mentioned there is
a long range plan that 23rd Street will be extended further South, I
don't know how far - chances arc, it might be extended so far that there
may even a new bridge across the Platte River, I don't know.
Mr. Sears : I want to emphasize further that this extension of 23rd Street
isn't our idea - that this doesn't originate because of Colony Park -
it has to do with a Master road plan that the city and the county have
been working on, I guess the city has adopted it, is that correct.
Mr. Billings: I don't know if that is correct or not, but I assume it does.
Audience: There is a meeting tonight, no it has not been adopted. There
is a meeting regarding in the area tonight at city hall.
Mr. Billings: The only thing that you have to remember, really, is that if
you want to fence this, there would be no reason why you couldn't.
From the center of the right-of-way 30 foot of that would have to belong
to the county _ . You have to realize that if you build a home or
anything else it would have to be set back off that 30 foot.
Mr. Floores: We got a mobile home sitting there now - and we have been
wanting to survey so that everybody gets their own piece of land.
We haven't been able to do it because we couldn't survey, without having
to survey half the county before they got to our land.
Mr. Anderson: I think maybe now that Mr. Sears is got a survey on that
property out there, there should be a benchmark established on your
corner.
Mr. Sears: They are all over down there. They had to stake all along that
ditch. You got worlds of control just kattecornered from your property.
Mr. Flores: That is what the deal is, we don't know whether to build or not.
Mr. Billings: Get in contact with Willard Quirk, county surveyor.
Mr. Anderson: Is there anyone else who has any opposition to this.
Mr. Martinez: I am Raymond Martinez. and we stayed a long time to pay for this
29
land we now have - and now we dream about having a mobile home - now that's
it is all paid for, they tell us we can't have nothing. What is it, Senor,
if they had this in mind, how come they didn't let us know before this.
Before all this land would be paid for. This is the only thing I can
afford is a mobile home - and now that the land is paid for, I can't have
one.
Mr. Anderson: Have you got one now.
Mr. Martinez: No
Mr. Billings: Could you put in a modular home which would actually be less
expensive then a mobile home. I know a modular home - you could put one
of those on and that comes under R-1 zoning. Or A zone. A mobile home
you wouldn't for the amount of land you got there. But you
could probably put a modular home there and it would cost you less than
a mobile home.
Mr. Martinez: That would be nice if they would let me do that.
Mr. Anderson: You check with the planner after this hearing.
Mr. Martinez: A long time ago I think I talked with you and we were planning
on building a home - they told us we had to build a house per acre. I
didn't think it was right, did you. One house per acre - so we have five
acres so we could only build five houses. Now this man is saying that
they can build on one acre 5 or 6 homes. All we could do was a house per
acre. All of a sudden it changes from one way to another.
Mr. Billings : These regulations have changed pretty fast in the last few
years. Basically, you had to do it for protection of people like yourself
in lowlands-somebody wouldn't come in right next to you - you build a nice
home and they come in and put in a junkyard or something like that. This is
the reason for the zoning. Mr. Lorenson can explain to you
getting a home for you.
Mr. Martinez: 0. K. Thank you.
Mr. Anderson: Is there anyone else that has anything to add to this.
If not, Mr. Lorenson, you want to give us your recommendations.
Mr. Lorenson: The planning commission recommends favorably to the Board
of County Commissioners the following reasons: this has been approved by
the Greeley Planning Commission - provides low cost housing - open space,
school sites - underground water table - has been turned into an asset.
It grants flexibility to the developer while he still maintains control.
We refer to county control. There is a list of things that we felt should
be subject to. They responded to some of these items already.
30
One is that an approval of the drainage system and report that will
be required by the county engineer of the town of Evans. The Town of
Evans when they made their presentation - I didn't hear any response
regarding that particular item. The county engineer has written a
dated
letter/today addressed to me and it is as follows: In answer to
the planning commission' s request for comments on drainage and roads
in Colony Park, the initial study for storm drainage for this area
seems adequate although I am sure this report will be prepared for
the Federal Housing administration will indicate water rights in the
site. In concept , however, this initial study is fine for your purposes
and the plan as outlined should work. The roads presents some what of a
different problem although if commercial development is allowed within the
interior as outlined in the proposal traffic in the area would follow
primarily at peak hours which is a condition which already exists today.
Your proposal for materials is all right at this time although I am
sure that further soil tests in the area will indicate some changes to bring
the roads up to standards.
Again, we do control this thing at the time and here through the submittal
of subdivision plats and eventually some of the county
commissioners for final approval so there is definite approval required
on any of these items. There was no intent to exclude Evans whatsoever,
it was indicated that on our rezoning application - I don't know if it
was an oversight or whether it in actuality was sent but when I reviewed
the application I did indicate that there was letters of referrals to be
sent to Greeley and Evans. The next item is relocation of densities from
high to low or low to high requires approval of planning commission at the
time of platting. Again, it refers to the planning commission but let me
make it clear that any change that goes or once that they indicate there is
a change in density that they are requesting in here. It goes through the
planning process again which means that it goes through the planning
commission and eventually it comes to you the county commissioners -
whatsoever, because your signature is the final item on
the document. Approval of road cross sections in construction requirements
by the county engineer - he has responded to that in his letter. Putting
the unit development into a final form - they have done this, there is one
page completely devoted to the regulations that are set out - they are in
great detail - they have given the county far , more control
31
than is now allowed under their existing subdivisions - there are more
zoning regulations - there are areas where we are seeing things but
in addition to that there are areas where we are picking up
Again, I would like to relate that any change in here does have to go
to the planning commission and the county commissioners. Every other
thing is set in certain limits - the density - the road pattern is set
the open space requirements - the platting - the location to the degree
of the densities - school site - the ratio of uses - all these are
controlled in there and there has been an awful lot of work done on this
and it is felt that these are - that we have superior control than there
is under our existing regulations. And a great deal of thought.
Mr. Anderson: There is one question I would like to ask, Mr. Sears. This
school site - is it going to be dedicated to School District 6, or are
they going buy it.
Mr. Sears: You mean free - given to them. - no - First, I talked with the
present school board about this - he said he could not speak for the board-
Mr. Lorenson was insistent - he felt that it was totally proper that we
meet in front of the board as an agenda matter. We did so, I think that
it is
if I were to state their points it simply is this - that if/their
obligation to supply the school needs of the children of school district 6.
If and when they want a school there, they will at that point in time make
a decision, as to whether they want the site we have available. Since
this was their contention, they wanted to take no action on it at this
time, I told Mr. Lorenson that we would perpetually reserve a site until
the school had made a decision and we will do that. We will deal with the
school as we have just gotten through dealing with the city on Park land
on a cost basis and if they someday decide they want that site it will be
available.
Mr. Anderson: Who is supplying this water for this area, Greeley or South Weld.
Mr. Sears: Central Weld Water District. They have a right to serve it under
authority granted to them by contract of the city of Greeley.
Mr. Anderson: Has any contracts been made with the Highland Hills Sanitation
district on the sanitary -
Mr. Sears: No, it would have been accomplished, Mr. Chairman, but one of the
key individuals of Highland Hills has been out of town for two weeks - we
had arrived previously at a livable workable arrangement and it could not
actually be finalized until this party got back. We wanted to have it done
32
as of this date but it was impossible.
Mr. Anderson: Is there anything else to come before tis hearing, anyone have
for or against this application. At this time, gentlemen
Mr. Billings: Mr. Chairman, this sewer facilities - until they are finalized
we cannot take action on this - this would be a major problem, I am sure.
Mr. Sears . We have a copy of the contract, and of the sewer
facilities in particular, I would recommend we take this under advisement.
Mr. Sears: I can well understand your concern, Mr. Billings, however,
a higher and much stronger law is hanging over - and this is a state law -
we have to comply with this. And the reason that I bring this up - the delay
is going to hurt us in terms of getting housing up - per se - getting a
house on Lot 1 - a delay of two weeks or whatever to get this finalized.
It is very much going to hurt our ability to get the house to put there,
in terms of your action. If we know that the plan as submitted is approved
that subject to the contract that meets the statestatutes - the state health
department statutes make it subject to - that we can go ahead. In order to
get the plant built to build the housing it is going to take us 3 or 4
months, and we don't have a day to lose there. Before we can start putting
housing on this site, we have to have a plant built and houses in production
and it is going to be an extreme economic hardship -
Mr. Billings: You are suggesting then that in case you didn't get a contract
with Highland Hills with their sewer system you will put in your own, is this
what you are saying.
Mr. Sears: No, if we don't get a contract with Highland Hills or with the
Evans sanitation district or we don't build our own completely in compliance
with the statutesthat are applicable here - we will live with the condition
as you want to make in regards to sanitary sewer system. We have to comply
and we intend to. If you could do that on that basis, it would be most
helpful to the town of Kersey - to our manufacturer - to us being able
to start furnishing houses.
Mr. Anderson; Do you want to put this in the form of a motion.
Mr. Billings: I 'd rather hold that up than put it in the form of a motion,
I think Mr. Sears would be able to give us an answer in a short time
anyway. I think we need to have that one answer - the two things I was
mainly concerned about - all the testimoney about the water and sewer - we
have the answer to the water problem - it probably wouldn't take too long
to
Mr. Sears: The only problem is that if it were in our control, it probably
33
wouldn't take us four days -
Mr. Linings: What I 'm saying - if we approve now and then Kersey would go
ahead, and then you would start building houses and you haven't got a
sewer system- then they have gone ahead and done something before we
got our answers. I don't think this will be held up too long before
we get our answers. I would make that in the form of a motion.
Mr. Anderson: In other words, you want to take it under advisement.
Mr. Ashley: I 'll second that motion - I am more concerned about the
annexation and about the people on the outside of the city limits. I' ll
second.
Mr. Anderson: How do you vote on the motion
Mr. Billings: Yes
Mr. Ashley: Yes
Mr. Anderson: The chair votes yes, let the records show that this docket
39 is taken under advisement - we will - I think this board needs to do
a little research on it - with that, we will declare this hearing closed.
REALTY CO.
m
COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS
REALTORS TELEPHONE 1303) 352-1212
1212 8th AVENUE GREELEY, COLORADO 80631
January 10, 1972
Mr. Byron Ewing
Weld County Engineer
Weld County, Colorado
Dear Byron:
I am writing in response to your letter request of January 7, 1972, to
temporarily direct water from the House Seepage Ditch, on an emergency
basis, through land owned by Wass Investments, which land was formerly
known as the Robinette farm.
Wass Investments will hereby grant the right for such temporary water
diversion to Weld County provided that Weld County agrees to the follow-
ing conditions:
1. Such diversion shall be strictly temporary in nature, and if
said diversion is desired beyond July 1, 1972, a new agreement between
Wass Investments and Weld County will be reached at that time.
2. The soils over which said diversion will be made are very
unstable as regards erosion, and, therefore, at such time as this
diversion agreement is terminated, the County shall at its own expense,
or in any event, at no expense to Wass Investments, immediately replace
all soils, which may have been removed through erosion, to surface grade.
3. Any water so diverted onto Wass Investments land shall be
contained within a ditch built and maintained by Weld County, said ditch
to be situated adjacent to the East property line of the Wass Investments
lands; also, any such water shall be prevented by Weld County from
accumulating at any point on Wass Investments land. In other words, this
agreement by Mass Investments shall specifically provide for temporary
ditch transmission of House Seepage Ditch waters with no rights for
STATE OF CnI,ORADO
• ss.
wf'.L.D
Ciork of the Board
County Commissioners
APR 171972
�»ni%-FN-T,v�oN
ti
Non" CLERK AND RECORDER
gy Deputy
FARMS RANCHES, BUSINESSES, HOMES, APPRAISALS
January 10, 1972 -2-
storage of any of said waters within the Wass Investments property.
I hope that this Agreement will offer you a satisfactory temporary
solution to the problem referred to in this letter. If the above
terms meet with your approval, please acknowledge by letter.
Very truly yours,
WASS INVESTMENTS, a Co-Partnership
BY:
Roger D. Sears, Parfner
RDS:jk
m
June 28, 1971
I hereby certify that pursuant to a notice dated May 26, 1971,
duly published May 28, 1971 and June 18, 1971, a public hearing was had
on a request for a Change of Zone as requested by Douglas Sears, Gordon
Rissler and Ernest Scott, at the time and place specified in said notice.
The evidence presented was taken under advisement!,
� �!
ATTEST: ; " . ,:- _ i a/ i-
COUNTY CLERK`AND RECORDER /CHI( 1G
AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2 /B 37 ,'9/
‘21 7i/.,,,O
I I u�
uJne 28, 1971
H Sears, Rissler, & Scott p
p Docket No.3Zone Change A to. R-UD 11:00 -A. M. ,, t....
- _
I�KiI
kt
_
=e `-f-7-7
„fr.,
I
I /a G., ,
ICI
i4
42/ I
,C.i,. L43,.—k2 ,I ' 2 n z
u .:.
1 .l G ilk kC .. c1 l e /ate
1 n
,44
tir
li 'Id ---ct c- , P(-C(-- '" ° ' .< _.
7
, ,
ij .
ii
, ,
lii ,
it
l i
H _ ,. a .
H
I'
II r _. _ ..
,
it ,,
II IL.,
' WELD COUNTY OFFICE OF THE COUNTY ENG'uV GGR
COMMISSIONERS
MARSHALL H. ANDERSON BYRON F. EWtNG
COUNTY ENGINLEa
HARRY S. ASHLEY PHONE (303) 353.2212
j GLENN K. BILLINGS EXT. 51
C .�
*� ,f! COURT HOU1a:
0 LO R 0 A D GREELEY, souse
28 rune i97.,
F,'urmai, Lorenson
21 . _,,L.c;,y Planning Director
::id county Services Building
Greeley, Colo 80631
Dear Burman,
In answer to the Planning Commission's request for comment on drainak3c
and roads in Colony Park. The initial study for storm drainage for this .._-aa
seems adequate although I am sure the report that will be prepared for Uha
Federal Housing Administration will indicate water rightsin the area. In
concept, however, this initial study is fine for your purposes and the plan
as outlined should work.
The roads present somewhat of a different problem, although if commercial
development is allowed within the interior as outlined in the proposal, tra: ic
in the area would fall primarily at "peak" hours which is a condition that al-
ready exists today.
Their proposal for materials is alright at this time although I am sure
further soil tests in the area will indicate some change to bring the roads
up to standard.
Sincerely, /�
•
1 Byron F. Ewing
County Engineer
CC
G S
June 28, 1971
Doug Sears, Gordon Rissler, Ernest Scott
DATE FIRST HEARD; June 28, 1971
• - •� .=•��•• -��: 1212 8th Avenue
Greeley, Colorado 80631
f from "A_" A r' District to "R-Un RPai
_ •_ , Ch_ anae g Zone g �cultura�--� � d ential
or�ci Unit Developn rit kLand Use Permit)
Ptn. of 25-5-66
Acai// . . • f ..
TOWN OF EVANS
EVANS. COLORADO . eo6zo
June `a71
Marshall- Anderson - Chairman
Weld County Coomissioners
Greeley, Colorado 80631
Re : Colony Park
Dear Cirs:
It is difficult t o understhne that with the location of
Colony PurX to t. Town ei6its of Evans ttnt we have
never been notified Ia writing of any of the zoning meet,
<�-- outlined in your own zoning r:r, nzca,
It is even harder to u u rg 1 the
th hoard ableir,g
the development to the l cn-'.''_s,,, OYlc'r > with a favorable
report.
We will eliminate trite :n oc,
fission of the ui xnr,iin„ for the
development until a later tine _r_r concern ourselves
with sohe basic S „ u is are ; t tee nrc ,j :ct.
The project will produce in excess of 4,060 neonle
contained in 23=;
acres . This
"city" field 8ou;nty .. � .. . t: w Ulu t ni . COs I ing t
l s a1ard : . ins_ u;-jna
that Colony Park will c- ao ;-> r; tl.
elected from wit "i;n awes of nagehoard of Directors
s
the . at,�?F :,a: rompan boll U':�i .lg (.C:Jn] "t' :�; _ ..- Uu accurate .
_tP, . y f
As you are 6eare , quasi- is
an ad vales un t .x u ,;h of only i �,
;!-� ere S , eat also rechiwe tnx
revenue from e ,.
boundaries - n - _ ;oration ioc; t r ,._ t .__
r ec
one , electric, go s , t )
Even peeice ru
tee hie-joined p t`:�n art (7 ra rat ..., :Lima sgh
tee e art systems . The county, to
fgc rnr - s , in e f r. r t.
ever c , rn rc v :,:.e to
every uas- - �uhicin , t in the cot and t
in the every county
state Colorado.
TOWN OF EVANS
EVANS. COLORADO - aoazo
It appears that without this added revenue , t ,;.:t every
city in the count.-,7 is now _ceding dearly to provide
services for its citizens. The residents of Color
are superimposing additional taxes upon themselves ;,without
a complete understanding of why cities were formed in
the first place.
What will happen in the long haul is just like what
happened to the special districts ( ,wetter
were formed in the late fifties and r i-' sewer)e • rat
Abstract of Asses •; es cur nd
- �t from the five c ,ir�, ,y the City and Count 2t of n sults o f�n-
r ex lai t g the special districts , results of
Peo le relocating to this area will of
`" s1_. i icrn< 1 i t� i;s <i cur t c for::
le tee official ,: i 1 ;1
. . ., do d e constitution J t:: -
y r
4JiL out i dese
f
less � o �r•; of it:deters'tor, ; , � ,. .. . er•_
rua, reire o prei; ern h :oa
Coo: _ srs - , rr J , -•
'There - nurntrouo
t - C
ten 1 s of L- , o
�i C�. Court hoo
.
It is , the:rarer- , Our c
annexed tc dr:; � .
t .Llt S ".e nni p: _. -
tais zo ci,Ln,c 4 t
C ��� s � -
Z jai
f i ,
I
Iii IFP1 Office of Use - s '�/, Lusuididi
lid Uin1RD OF COUNTY COMMISSIONERS / — 191k
V;i'.i.0 COUNTY, COLORADO
Pu lisher,
Please insert this notice in your next issue the week of a/ /17/
() ) time only. Also please find enclosed a voucher for billing purposes. Please
L. 11 The Board of County Commissioners., and include an affidavit of publication.
Sincerely,
THE BOARD OF COUNTY COMMISSIONERS
C< 'WWELD COUNTY, COLORADO
�5= 7/ /h,_ Q�
- ANN SItMER
COUNTY CL:RR AND RECORDER AND CLERK TO THE BOARD
Byr= ^llir 'ite-rL.c
Deputy County Clerk
NOTICE _ _.,... .,
Pursuant to the zoning laws of the State of Colorado, a public hearing will be
held in the Office of the Board of County Commissioners of Weld County, Colorado,
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.
PE )T ALSO KNOWN that the text and maps so certified by the County Planning
Conuuission may be examined in the Offices of The Board of County Commissioners,
Weld County Court House, Greeley, Colorado.
Docket No. 39 Douglas Sears, Gordon Rissler, Ernest Scott
1212 8 Avenue, Greeley, Colorado 80631
Date: June 28, 1971
Time: 11 :00 A.M.
Request: Change of Zone from "A" Agriculture District to "R-UD" Residential
Unit Development.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER AND
CLERK TO TILE IYJARD
fl' r-rounAinr Property Owners 4or Colony i'a.rk
iArders Anderson
t. 1 Pox j`O(
alt
'aloh Green
1( t'h St .
;recley
Harvey H . and Helen m. Duels
b. 3 Pox ,, r-;,
Hroe1 ey
lilhurt A. Aobinett
,;ii -i' L?,. ;t.
r •cley
Herbert !r. Dwell
.1 ox l'I ;'
rsey
el C. uedinger
T >r, t.tn Ave.
�lr elev
Joseph UI c4roui i and henry M. arkus
1: f I:n_f.�ional ..ai uildi.nz�
eel �y
0:ames Healy
t'.{ 1_?th St.
r<•eley
Hot.,'n 'cerT' p
Ci Avo.
l aHu !(amie C. erlicr
H. 3 'ox 4oL
' d_e`r
-•l.en Cunnin _hap,
n L;lJie iloyer
Lit. > OX 4if.
Irr;nl-ny
r.Li.zabet'e Kin. Clement
?0 ? 'Jyander ;t.
: ;.n lay, C)ni.o
- nolito>7 and elat:rona Ploren
L . 3 I ox 1i1,-5A
, re^ICy
-vanelisto
-. . 3 ox 1f ,ll
Cr`oley
i r,rvin n. and i,-•iyH. Searo
„ox JJ)
Yrooley
Yount,
Pox 1F4 .1
cloy
Al-'an,so Lujan
,.arty
Roy and •ieler `.'.orii
AFFIDAVIT OF PUBLICATION . .. . ive, NE'% SE'/.; Lots through
STATE OF COLORADO, ) [ 4 inclusive, NW'/a, SE'/• N/,
>ss. Pursuant to the zoning laws of I 'Lots 1 through 2 inclusive,
COUNTY OF WELD. ) the State of Colorado, a public] i SW1' SEt+ & 14%, ' Lot 2,
Loren A. Walling hearing will be held in the Office'., - SE'& SE's. Said tract being
of the Board of County Commis further described, considering
being duly sworn, deposes and says: sioners of Weld County,-:Colorado' the North line of said Ei Sec-
1. That he is the Owner andPublisher of The Greeley Booster Weld County Court House, Gree-1 tion 25 as bearing N ° 33'
a weekly newspaper printed and published in the City of Greeley, ley, Colorado, at the time spec- I I 07'`East and all bearings ref-County of Weld and State of Colorado, which has been admitted ified All persons in any manner is-ative thereto: Beginning at a
to the United States Mails as second class matter under Act of fell.Congress, of March 3, 1879. interested fa theoering pre- '< point on 5;'theortht line of said
2. That the said The Greeley Booster is printed and published posed Change of Zone'are re- Section 25;•thence the NE Cor-
at regular intervals, one time each week, on Friday, and that it quested attend and'fnay..be 88' 33'sSection 25 bears N
has a general circulation in the County of Weld, and elsewhere.
heard. 88° 07" East, 665.38 feet;
3. That- the said The Greeley Booster was established and has BE JT ALSO KNOWN-that the-text. thence S 88° 33' or' W,' 1663.32
been printed and published in said county uninterruptedly and anld so certified ' feet; thence S 01° 13' 12" E,
continuously during a period of at least fifty-two consecutive weeks ` ' I 328.14- feet; thence S 8W 38'
bCounty Planning the offiees tithe I 14 W, 332.80 feet; thence S Of
next prior to the first issue thereof containing said -exargined min Offiees o4 11' 43" E, 3929.18 feet; thence
Board tof County Coimisssl°ners N 89' 42' 49". E, 2007.30 feet;
Notice Weld County Cgat mouse,,Gree- thence N 01° 20' 34" W, 330.50-
a
copy ofwhich is hereunto attached. ley Colorado. , feet; thence N 89° 37' 04".E,
4. That the said The Greeley Booster is a weekly newspaper )10CKET No 39 feet; thence N 01' 23' 29'
668.81
of general circulation, and is printed and published in whole or in W, 81 4 feet; thence S.88
part in the said County of Weld in which said Douglas.Sea*• Gordon.Risster,..., 53' 37" W, 666.47 feet; thence
Notice
Ernest Seott'- N 01° 20' 34"" W, 1322.50 feet
.1212 8 Avenue. to the point of beginning.
is required by law to be published, a copy of which is hereto at- Greeley, Colorado MatThe above-dn rribed tract con-
tached. - tains 234:616 acres more or
5. That the said The Greeley Booster is a weekly newspaper DATE: June 28, 1971 less, and is subject to the
within the meaning of "An Act Concerning Legal Notices, Adver- TIIME: 11:00-A. M. rights of way for a County
tisements and Publications and Fees of Printers and Publishers road along the North line of
Thereof and to Repeal all Acts and Parts of Acts in Conflict with Request: Change of from
the Provisions of this Act," being Chapter 139 of the Session Laws said tract, and Evans ditch
of Colorado of 1923 as amended by Chapter 113 of the Session A" Agriculture District •--to meander generally along the
Laws of Colorado of 1931, and later amended by Chapters 155 to f`R•UD" Residential Unit. Devel South line of said tract and a
156 of the Session Laws of Colorado of 1935. opment. • power line easement across
A tract of land located in the said tract.
6. That the said annexed - East half (E'h) of Section
Notice Dated May 26, 1971
Twenty-five (25), Township
was published in the regular and entire edition of The Greeley Five (5) North, Range Sixty- r
Booster, a duly qualified week)y newspaper for that purpose, - THE BOARD OF
with- six (66) West of the 6th P.`M.,
in the terms and meanings of the above named Acts. Weld County,.Colorado, being COUNTY-COMMISSIONERS
7. That the said annexed a portion- of the San Luis & L.
Western Colony and with all- i. WELD COUNTY, COLORADO
Notice - .lot references thereto: � 'j
is a full,true, and correct copy of the original which was regularly Juts 2-& 3 inclusive, NE'k;+. By ANN SPOMER
published in each of the regular and entire issues of said news- Ey le SW1I.:lot 4, NE.y., Lots COUNTY CLERK AND
paper, a legally qualified paper for that purpose, once each week, 5.through 7 inclusive, NE1;on the same day o of each week, for successive weeks lots.9 through 48 -ihclusive, RECORDER AND
by -insertions and that the fir tpublication thereof NE'4; Lots,1 through.4.inclus-
May 2bil 1991 -- - -- -oak to THE BOARD
-was in the issue dated and
Jur 1971 Published. The Greeley Boos-
thast publicatio ag.i t re vss �ted ter May 28,and"June,18, 1971
/i'� �
Subscribed and sworn to before me this day
of 19
Affidavit of Publication
STATE OF COLORADO, 1
ss.
County of Weld,
, of 'flee Std'. • Corm 1••; e •..' hear-
said County of Weld, being du y sworn, say that ing will be held in the Office of file
I am publi er of Board of County Commissioners of
a fQCJJ _ . Weld County, Colorado, Weld Coun-
ty Court House, Greeley, Colorado,
that the same is a weekly newspaper of general at the time specified. All persons in
circulation rintee and.,published in the any manner Interested in the follow.
town of 3 '' , �p- re proposed Change of Zone are
in said county and state; that the notice or adver- heard.
to attend and -may be
tisement, of which the annexed is a true co heard
has been copy,
BE IT ALSO KNOWN that the
published in said weekly newspaper text and maps so certified by the
for _., - ,�_ consecutive County Planning Commission may
been
weeks; that the notice was published in the be rdof examined in the Offices of The
regular and entire issue of every number of said Board of County Commissioners,
newspaper during the Weld County Court House, Greeley,
period and time of publi- ti010rad0.cation of said notice and in the newspaper
.proper and n 39
riot in a supplement thereof; gas Docket No.that the Douglas Sears, Gordon Rissler,
first publication of said notice was contained in Ernest Scott
-
the 'slue of said newspaper bearing date, the 7212 8 Avenue,
fj"� day of __'_ ;,1,_ .r.,. __. AD., 19. 1; Greeley, Colorado 80631
and the last pilylication thereof, in the issue of Date: June 28, 1971
said newspaper bearing date, the _--_- derof Time: 11:00 A. M.
y Request: Change of Zone from
-- 19-__. ; that the said "A" Agriculture District to
�L "R-UD" Residential Unit Dove!.
r7.�-- - opmenf.
Ltt .(c_t{4 ft-`f THE BOARD OF - COUNTY
has been published continuously and uninterrupt- COMMISSIONERS
edly during the period of at least fifty-two con- WELD COUNTY, COLORADO
secutive weeks next prior to the first issue thereof BY: ANN SPOMER
containing said notice or advertisement above COUNTY CLERK AND
referred to; and that said newspaper was at the RECORDER AND '
time of each of the publications of said notice, CLERK TO THE BOARD
duly qualified for that purpose within the mean- Published in the La silo
ing of an act, entitled, "An Act Concerning Legal
Notices, Advertisements and Publications, and '�� itl li "W
the Fees of Printers and Publishers thereof, and .el
to Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Acts approved April 7,
1921, and all amendments thereof, and particu-
larly as amended by an act approved, March 30,
1923, and an act approved May 18, 1931.
., ..,k-C9E_h > .
i /(...__...--
is�rher
Subscribed and sworn to before me this lit
day of T , AD., 19-71
4 ir-f.-E3—s
4
My commission expires
My Commission expires N0v,Z1,1Qt7 terry Public
% Hi
NOTICE
Pursuant to the zoning laws of the State of Colorado, a public hearing will be
held in the Office of the Board of County Commissioners of Weld County, Colorado,
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.
BE IT ALSO KNOWN that the text and maps so certified -by the County Planning
Commission may be examined in the Office of The Board of County Commissioners,
Weld County Court House, Greeley, Colorado.
Docket No. 39 Douglas Sears, Gordon Rissler, Ernest Scott
1212 -8 Avenue, Greeley, Colorado 80631
Date: June 28, 1971
Time: 11:00 A.M.
Request: Change of Zone from "A" Agriculture District to "R-UD" Residential
Unit Development.
A tract of land located in the East-half (E4) of Section Twenty-five (25) , Township
Five (5) North, Range Sixty-six (66) West of the 6th P. M. , Weld County, Colorado,
being a portion of the San Luis & Western Colony and with all lot references thereto:
Lots 2 & 3 inclusive, NE4; Ez & SW4 lot 4, NE4S Lots 5 through 7 inclusive, NE-1;
lots 9 through 16 inclusive, NE4; Lots 1 through 4 inclusive, NE4 SE4; Lots through
4 inclusive, NW4f SE4, Ni, Lots 1 through 2 inclusive, SW4 SE4 & Ni, Lot 2, SE4SE4.
Said tract being further described, considering the North line of said E2 Section
25 as bearing N 88° 33' 07" East and all bearings- relative thereto: Beginning at a
point on the North line of said Section 25; thence the NE Corner of said Section 25
bears N 88° 33' 07" East, 665.38 feet; thence S 88° 33' 07" W, 1663.32 feet; thence
S O1° 13' 12" E, 328.14 feet; thence S -88° 38' 14" W, 332.80 feet; thence S 01° 11 '
43" E, 3929.18 feet; thence N 89° 42' 49" E, 2007.30 feet; thence N 01° 20' 34" W,
330.50 feet; thence N 89° 37' 04" E, 668.81 feet; thence N 010 23' 29" W, 2652.94
feet; thence S 88° 53' 37" W, 666.47 feet; thence N 01° 20' 34" W, 1322.50 feet to
the point of beginning.
The above described tract contains 234.616 acres more or less, and is subject to
the right of way for a County road along the North line of said tract, and Evans
ditch meander generally along the South line of said tract and a power line easement
across said tract.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER AND
CLERK TO THE BOARD
Dated: May 26, 1971
Publish: The Greeley Booster
May 28 & June 18,1971
Mt 37 : a7s171
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. J-181 Date 5/12/71
APPLICATION OF Douglas Sears , Gordon Rissler , Ernest Scott
Address12128th Ave . , Greeley, Colo .
Moved by Philip Bowles that the following resolution be introduced for pas-
sage by the Weld County Planning Commissions
Be it Resolved by the Weld County Planning Commission that the application
for rezoning from A_ (A.g.r i:cu.l.ture District toR-UD ( Residential Unit-
District) of of Development)
covering the following described property in Weld County, Coloraao, to-wit:
East-half (Ei) of Section Twenty-five (25 ) , Township Five (5 )
North , Range Sixty-six (66 ) West of the 6th P. M . , Weld ,County ,
Colorado containing 234 . 616 acres , more or less .
See attached legal description
be recommended (favorably)X(Au 'gygm Ax) to the Board of County Commissioners
for the following reasons: Approved by Greeley Planning Commission , pro-
vides for low cost housing , open space provided and school site ,
underground water table turned into an asset , grants flexability
to developer and still maintains control . Subject to : see
attached list .
Motion seconded by Glen Anderson
Vote:
For Passage: Olen Anderson Against Passage:
Ronald Heitman .... _
John W e.i..g.a.n.d
John._Watson
J.....Ben....Rix
Philip Bowles
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.
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
Nay 1.8..,.....1.9..2..1...... , and recorded in Book No. _..III , Page No.
of the
proceedings of saidPlanning Commission.
Dated this 19th day of May , 19 7]
te7/4-4/
Recording Secretary, Feld County Planning Commission
PC-Z-006
1 . Approval of drainage system and report by the County
Engineer and the Town of Evans .
2 . Relocation of densities (from high to low or low to
high) requires the approval of the Planning Commission
at the time of platting .
3 . Approval of road cross sections and construction
requirements by the County Engineer.
4 . Putting Unit Development into final form.
—)
/
REZONING APPLICATIGi1
Weld County Planning Department
Services Building, Greeley, Colo.
CASE NUMBER: Z- /8 7/ 9 —
FOR PLANNING DEPARTMENT USE -ONLY: PC HEARING DATE "^^
zC: 2S TWP S RANGE: 46 CC HEARING DATE:
i
LAND CODE: s: .?i L14:�•' __.KEY
T': 09,x9
SUB/DIV CODE: _co
B LOT Kam42ER TO: REZONING
SUB: �or/E
REZONING FEE:BY:
APP. CHECKED
1) l:rJgV Date: —4—
Date: REC. NO. :
2) �Y/�n/S LEGAL DESC. APPROVAL
3) .Date: Oil
4) Date:
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIREMENTS: Print or
type -only, except for necessary signatures.
•
I (we) , the undersigned, hereby request a hearii ' afore the Weld County Planning
Commission concerning proposed rezoning of the . -lowing described unincorporated area
of Weld County: LEGAL DESCRIPTION:
A tract of land all situated in the E1/2, Sec. 25, T 5N, R66W, 6th P.M. , Weld County,
Colorado, being a portion of the San Luis & Western Colony and will all lot references
-Z thereto:
Lots 2 & 3 incl . , NE1/4; E1/2 & SW1/4 Lot 4, NE1/4; Lots 5 through 7 incl . , NE1/4; Lots
- 9 through 16 incl . , NE1/4; Lots 1 through 4 incl . , NE1/4 SE1/4; Lots 1 through 4 incl . ,
NW1/4, SE1/4; N1/2, Lots 1 through 2 incl . , SW1/4 SE1/4 & N1/2, Lot 2, SE1/4 SE1/4. Said
- tract being further described, considering the North line said E1/2 Sec. 25 as bearing
r. N 88° 33' 07" E and all bearings relative thereto: Beginning at a point on the North
line said Sec. 25;_thence the NE Cor. said Sec. 25 bears N 88° 33' 07" E, 665.38 feet;
P-thence-(S �1 7T-43-`-E- 1663.32 feet; thence S 01° 13' 12" E, 328.14 feet; thence S 88°
'' 38' 14" W, 332.80 feet; thence S 01° 11 ' 43" E, 3929.18 feet; thence N 89° 42' 49" E,
N 2007.30 feet; thence N 01° 20' 34" W, 330.50 feet; thence N 89° 37 ' 04" E, 668.81 feet;
thence N 01° 23' 29" W, 2652.94 feet; thence S 88° 53' 37" W, 666.47 feet; thence N 01°
20' 34" W, 1322,50 feet to the point of beginning.
The above described tract contains 234.616 acres, more or less , and is subject to the
rights of way for a County road along the North line said tract, and Evans ditch meander
generally along the South line said tract and a power line easement across said tract.
(If additional space is required, attach an additional sheet of this same size)
STREET LOCATION: Bou ded o the North b 9 h Stree AppROX ARsA: 94
PRESENT ZONE Agriculture PROPOSED ZONE
PU3POot,: To rovide n ded low-medium costP ou
hs NAME OF PLAT:iin
IS THIS AREA PLATTED: YTS NO X
IS THIS AREA TO BE PLATTED: YES (X) NO ( ). IF ANSWER IS YES, HAS PLAT BEEN SUBMITTED:
YES ( ) NO (X).
FEE OWNERS OF ARIA PROPOSED FOR REZONING:
ADDRESS: c ++ Raal a TEL: y3:�2.12
N� ,;.;: Dou l as Sears TEL:
ADD;tr.SS: TII,
NAMiE: Gordon Scott r ADDRESS:
Npu,, ; Ernest Scott
I hereby depose and state under the penalties of perjury that all statements, proposals -
.4.kl. -- sc.ttx.inran vi thin this application are true and correct to
NECOR 23rd Aye N01°23'29°W t1
tY:LC.25 E�®�iv�.����ii®�.®ivi®i�w�iiv�ow�owivwa_
T;
5N 2652.94' \\,a
R36W - M` \M
lig �qv \m
co
`°\
N01°2034°-W co\ N01°20'3411N
�\ 1322.50' 330.50�A
Scale: O,Ii
I"=600' !�
y\ Reap ;�
ON p
Ks
0 Mri
'n\ °)rgi
W
O i
V7
si
y ` N\.
d o ��,,1 2
\\ z \o
Pia'
S328.14'_ \
:i�i^o
S01°1312°E tic
\n
a\n 3929.18' \
-�w®ivioi®1wress1161®i®i®ioi®ioioiiiiiiiiiviiiiivi®i®ivivvi
2 S 01°11'43"E
O
w
w
w •
is?.' :. EHNE T NO.
Douglas Scars , Gordon Rissler, Ernest Scott
A part of the Ee of Section 25, township 5 North, Range 66West of the 6th P.N.
From "A" to "R-UD" Zone Consisting of 234.616 Acres .;ore or Less
A tract of land all situated in the L"/z, Sec. 25, T5N, R66w, 6th P.I . , Weld
County, Colorado, being a portion of the San Luis & Western Colony and with
all lot references thereto:
mots 2& 3 incl. , Nip-A; E}¢ & SW7 Lot 4, NEB.; Lots 5 through 7 incl. , EEA; Lots
9 through 16 incl. , NEA; Lots 1 through 4 incl. , NEA SEA; Lots 1 through 4
incl. , NW4, SEA; N/2, Lots 1 through 2 incl. , SWA SBA & NY01 Lot 2, Ste;-• 24%
Said tract being further described, considering the Nth line said 'z Sec. 25
as bearing N88°33'07"E and all bearings relative thereto: Beginning at a
point On the North line said Sec. 25; thence the NE Cor. said Sec. 25 bears
N88°33'0'7"E, 665.38 feet; thence S83033'07"W, 1663.32 feet ; thence S01°13'12"E,
32^,. t588°38' 14"W, 332.80.',feet ; thence SO1°11'43"C, 3929. 13
,i_ 1 + feet ; j%1"len-Ce u� I O �L to v� r
feet ; thence N89°42'45"E, 2007.30 feet; thence N01 20I 34 W, 330.50 feet ; thence
i1 9°37'04"E, 66,.81 feet ; thence NOl°23'29"W, 2652.94 feet ; thence uou
°53'37"W,
°2 I3 m1322.50 feet to the point of beginning.
6 �;,M-'7 feet ; thence ir01 _0 �4 :J,
The -,hove described tract contains 234.616 acres more orless, and is subject
to the rights of way for a -County road along the North line said tract, and
Evans ditch meander generally along the Souiit line said tract and a power
line easement across shad tract.
Approved and Recommended by the Weld County Planning Commission.
Chairman
Date
Adopted by the Board of County Commissioners, Weld County, Colorado.
Chairman
Date
•w J I 29 e ••. 21 �_n K 30 I 49 V v zz zs 9 r `
00. . . . i.
1i r �> a
II II i • �o7. � I
]1 \ J2 Ja\ ]• ]5 ]6 311 32 • p , ]• J5 JB J
I .
\ 1 L NU
on""`\
•Second z B `4 uCorrecfion
9H . . . .— _i. --- I' ` I I, .
_ _.
A 4
°
CC O I
x
96 •. . . — or I N II m� �� Lo \,
a > I -��`• 10 • II 1 12 1 -1 _ • 1 9 11 19. 6 9
. I 1.
94. . . . , 1 -.I - • l y \ I I •/ ILl°
II °•1 Il V 16 ¶ 19 •IS \ 13 IB I. la B I o IS
T 8N. 11 �j1 AI _ _ �, I .-� ct�� , e - - _
i
92
h •
I�I� PO 2 1 22 \2J�, 1• IB 1 20 I r 21 I 22 I 2J r 26 1 : L •21
90 • • . •
. . ----- °.\ ii J vi.'i. I1 29 B_ _I�OPOT• • •. 26 ° 2] •I X30 \\9 •29 •
• 29 26 • 21 26 15 \ 991
✓ \• PIERCE , _y °v °f °L.30 \ l\` °
v I. Jz J3 •� 3] Je • J I OI. a] I'I 3 ` /. 3e\i j\I _/ v
lock 1' o�i.e • o ��\1 Lalerol, 1 nA•• I• •Z•� II • • l SVi 3 2W ( •° .J
•
• li Cecvp�\ ,11 • "
[1 - E Y •
II / I"• III • ° r✓ t��r�•84 <a AA�. II e;ll 41r' • 1
82. eov u5B> 1 5 . ° .•0 1 °I 1• AS 9.1 T f-
• ° .0
cr 40<t/NS 1 9 •I 4/ '103 0Od ,,,, :55 � * 2 •1 1• °3 0 rL kr1\ I°
ornc BS > �•4BI3• 3rvpirl ,,,-4,,,,
I 6 al 15 $U ,3•° ° ..
u E 1 BLA K �V :2w...7,3.
/"11
T7N. �- •
.L ;•- c ry \�r • °0LL°. 1 _- -- ° . . I 1�— O__ ____•
° � - �1 �.a '2 '.Y 80 . • �.r Jones q ,es
, �. • °I
19 I 20 21 I° 22 °I //2�3� • 2 9 2• 2 I� 12�. 5 ` • P Ord
78 Y. • \"\ • u • o vh\ o�a 1, ItJ
F* 30 U 9 l �\ a `1 • •
1 \11 \2_6• \ �mo
30•••• 1 / • 26 •1• 1 • 26 J \ 0 29\ • e
76 t ��1� ___ -� 1 1 �. __ ��
i •I{y dap// ° 6 2 33
�) IN �lC� 1 � \ °d ti
�� ` i� • �AEAr ti•. WES 3EFN �* fif RAILWAY• •
POP
rr 1
1 _'Y 3: �� 33 Nr5NY� 3. I — I — P 4 �' m B i , j V P6>/ 1
c
2 Ai
�7_ l 9fvEFq"Ca pv > 1 2'
- •• ° •I °• °• - •� • fl•
74. . . .w �I° 6 ° 25, ° ; I SEVERY -�•i � �� ° a °° OP EATON' c •�3 °
�ooe a
FM 4
C� • I° 3 3� o >p kaRe 73
e 1 w
W
5 2-.. °�9 •• �• - e
I
°ol
P A /elope L kn •
,}\\
68 _T 6N 1392.20 /
°•1-- ole \ •51 ° GC' C°!� ° p :. ! ° ° EGS • •° 1 �� ° . — - !IJ92°. V -!.• L._ .f.a
ro crusty • • •E Eo.x 1 o� 1 11.0 1 I• . 1°—may 1I \1' OP•(ES amE
• ..3% re• i _ g43 23 • Pa SIT) Po 51 • 2i t 23 20 F 20 A• • t
>- Xne WINDSOR` •
' ,`cake Iet 'v See/SYepee I ..�10
66. . . /309 i_ .. . Il°° mil. _
�4.I yy11 . ••P ti
•
\ • I.
° • aId IF• 1 11 IBN46E ELL 1° I°° 1 - 131A/1013
Z % 1 I B/[h \ • SDU 1' 2e I 1• , i5 30 �-
D eo m 26 ° m ., .,I.i+�oy o� rFFiary \ \ z6� In
�f �:
Er,-
' L /rl 251 . ppa e • \61 :2 7• 1 �...—:�
o to i P 1 . ". L ,F
64 U i i �yl o ll R 1 . cr_
ar St'
yl I
�.•
I
1 �' 3 '. h 1 l i r \ea.s
3 32 33 ¢, 3a 5 a6 I� L V '�✓: 11 �- G 6n6 —� V `gp� ® I�? I �t
_ co
6 �•,l ,45•1—/S/
58 -'� 3A P 6 J iit I I F � ': �Y p5" .
;vv--„..L., a —cm p 34 , 2 I I lr ,311 n
li-..kkGF
Q 9e 33 1 �r o . •••12•-•77r a HI 1L.—.
6 I• • B3 m " * - 1,t" ° i •
• I‘ 2>:. 1 Co
1014„ \ j
rl �SHrO J(rus ex Ma • = •
i ---- 1;jr-11
:Love b �,. I 9.0 t e °I• 6B� i I o a �3��� •
I
p • m 12 6 I 0 `Yn•T5N 1`1e,,;• w z 22 n I A °I ° I • 4Ee /i _. .naol
5617\ °. ar b Ill 22I • '
23 2n ,
p • �� '9 1 .. I • —J �i
54 . . . .m —I r' . • I � ..w° * I 1 RR Een! 1�.6 2 CLU � is • ��V . 26 one B Oo e ice, L�e� L : �,� T�j �
wC4711.1 5 N\IYF� •T %O • ✓ — 1 H
_ i 52 -- •
. � f
\ S _ / /li_..
. -• N. 3 I.
Hello