HomeMy WebLinkAbout770033.tiff •
RESOLUTION
RE : AUTHORIZATION OF WELD COUNTY ATTORNEY TO DEFEND WELD COUNTY,
COLORADO IN CIVIL ACTION NO. 29202 PENDING IN THE DISTRICT
COURT OF WELD COUNTY, COLORADO ENTITLED KENNETH E. KOCH,
ET AL. , VS. THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , Civil Action No. 29202 was filed by Kenneth E. Koch,
et al. , vs. The Board of County Commissioners in and for the
County of Weld and State of Colorado on the 25th day of May,
1977 , and
WHEREAS, it is necessary to direct the County Attorney of
Weld County, Colorado to defend Weld County in said action.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that Thomas O. David, Weld
County Attorney, be and hereby is directed to defend Weld County
in Civil Action No. 29202 now pending in the District Court in
and for the County of Weld, Colorado.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 1st day of
June, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the bth day of June , A.D. , 1977 .
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORA
ATTEST: al Q.(.(.Q/4
Weld County Clerk and Recorder
and Clerk to the Boa a1-CC 1&Ia
uty County erk
VED AS TO F RM:
County Attorney
770033
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1N THE DISTRIC' COURT IN AND FOR, THP
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No.
KENNETH E. KOCH, SHIRLEY E. KOCH, )
ERIE COAL CREEK DITCH AND RESERVOIR)
COMPANY, a Colorado corporation, )
CITIZENS COMMITTEE FOR PLANNED )
COMMUNITY DEVELOPMENT, )
• )
Plaintiffs, )
vs. ) CITATION
THE BOARD OF COUNTY COMMISSIONERS )
IN AND FOR THE COUNTY OF WELD AND 1
STATE OF COLORADO, )
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Defendant. )
THE PEOPLE OF THE STATE. OF COLORADO, TO THE SHERIFF, OF WELD COUNTY,
OR TO ANY PERSON QUALIFIED UNDER THE COLORADO RULES OF CIVIL PROCEDURE,
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TO SERVE PROCESS IN CIVIL ACTIONS,. GREETINGS:
WHEREAS, in the above captioned matter now pending in cllis Court,
a certain Order was entered of record whereby the above named Defendant
was ordered to certify fully to this Court a full and complete transcript
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of any and all records, discussions, matters and proceedings as referred
}is... to in said order and by the time designated therein:
1. The Defendant herein is hereby ordered to stay all proceedings
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presently pending in this matter with respect to (1) the requested
change of zone from E-Estate to A-Agricultural for a parcel containing
i4 56.946 acres in the N1 of Section 8, Township 1 North, Range 68 West of
the 6th P.M. , Weld County, Colorado, (2) the special use permit for an
airport on land located in the N1 of Section 8, Township 1 North, Range
68 West of the 6th P.M. , Weld County, Colorado, (3) an agricultural
unit development plan for land located in the N1 of Section 8, Township
1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, (4) an
estate unit development plan for land located in the Nig of. Section 8,
Township I North, Range 68 West of the (nth P.M. , Weld County, Colorado,.
end (5) a preliminary or final subdivision plat of land located in the
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WI of Section 8, Township 1 North, Range 68 West or the 6th P.M., WeL.
County, Colorado, all as more particularly described in the Resol'itions
adopted by the Board of County Commissioners of Weld County, Colorado cn
April 25, 1977, as referred to in the Petition and Complaint and Order .
herein, and to take no further action in said proceedings and until
ordered by this Court to do so.
2. Said Defendant is hereby ordered to show cause on or before the
above mentioned date why the decision of the Board of County Commissioners
of Weld County, Colorado should not be set aside and reversed.
YOU ARE COt.tMANDED TO CITE AND GIVE NOTICE to said Defendant hero i lbove.
listed, to appear before the Honorable _ �.L �� ._ ��! dG�!?`�i, �____•_._
Judge of this Court, on the 2/ day of •__ef1«, 1977, at the tour
of '3�' o'clock /N.M.
WITNESS the hand of Mary M. Connell, Clerk of said Court, and the
Seal hereof, hereunto affixed at the offices of said Court in Greeley,
Weld County, State of Colorado, this �� day of May, A.D. 1977.
Mary M. Connell, Clerk of the District. Court
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(SEAL)
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. ,29?0..-
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• KENNETH E. KOCH, SHIRLEY E. KOCH, )
• ERIE COAL CREEK DITCH AND RESERVOIR)
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COMPANY, a Colorado corporation, )
CITIZENS COMMITTEE FOR PLANNED )
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COMMUNITY DEVELOPMENT, )
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Plaintiffs,
) ORDER UNDER RULE 106
• vs. COLORADO RULES OF CIVIL PROCEDURE
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THE BOARD OF COUNTY COMMISSIONERS )
IN AND FOR THE COUNTY OF WELD AND )
STATE OF COLORADO, )
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Defendant. )
THIS MATTER Coming on for hearing upon the verified. Petition and
Complaint of the Plaintiffs, which Complaint contains an application for
an Order to show cause, and the Court having read the verified Petition
and Complaint, and having heard statements of counsel, and now being
fully advised in the premises,
3.
FINDS, that a Citiation is prayed for should be issued.
�} . WHEREFORE, IT LS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. That the Clerk of this Court issue a Citation !ommandi.ng the
Defendant Board of County Commissioners to certify fully to this Court
on or before the /7 day of /icidu. , 1977, at or before the hour of
;3Q ?.M. a full and complete transcript of any and all records,
discussions, matters and proceedings of said Board, and of the Weld
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County Planning Commission, by and among its members or any of them
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!A : either publically or privately, and the same respecting the Commission
and its members, each as relates to its own actions and all relating to
the applications of Park Land Associates (a Trust) for approval of
zoning changes for land located in the N of Section 8, Township 1
North, Range 68 West of the 6th P.M. , Weld County, Colorado, approval of
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a special use permit for an airport on land located in the Ny, of Section
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8, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado,
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approval of an agricultural unit development plan for land located in
the N'-Z of Section 8, Township I North, Range 68 West of the 6th
Weld County, Colorado, approval 3f an estate unit development plan for
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land located in the N1 of Section P, Tnwuehip I North, Range 68 West of
the 6th P.M. , Weld County, Colorado, and approval of a preliminary
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subdivision plat of land owned by Park Land Associates (a Trust.) located
in the N1 of Section 8, Township 1 North, Range 68 West of the 6th P.M ..
Weld County, Colorado, all as referred to in the Complaint herein, a
copy of which shall be attached to the Citation and served therewith.
2. That said Citation require the l)efeadant Board of County Com-
missioners to stay aiL proceedings presently pending before said Board
with respect to the subject property as referred to in the Complaint
herein.
3. That such Citation require of Defendant herein to show cause
on or before the aforementioned date and on or before the aforesaid hour
on said date why the decision of the Board of County Commissioners of
Weld County, Colorado should not be set aside and reversed.
4. That a Citation be issued by the Clerk and serar-d by any person
qualified under the Colorado Rules of Civil Procedure to serve process.
DONE IN OPEN COURT this day of May, 1977.
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BY THE COU'R' :
r'r THE DISTRICT COURT :tN AND FOR TUE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. oZf sad,
KENNETH E. KOCH, SHIRLEY E. KOCH, )
ERIE COAL CREEK DITCH AND RESERVOIR)
COMPANY, a Colorado corporation, )
• CITIZENS COMMITTEE FOR PLANNED )
COMMUNITY DEVELOPMENT, )
)
Plaintiffs, )
)
vs. ) PETi1'ION AND COMPLAINT UNDER
) RULE 106, COLORADO RULES OF
THE BOARD OF COUNTY COMMISSIONERS ) CIVIL PROCEDURE
IN AND FOR THE COUNTY OF WELD AND )
STATE OF COLORADO, )
)
° Defendant. )
COMES NOW the Plaintiffs, by and through their attorney, Melvin
Dinner, 630 Greeley National. Plaza, Greeley, Colorado, and herewith
petition the Court to review and grant relief, pursuant to Rule 106 of
the Colorado Rules of Civil Procedure with respect to the decision of
the Defendant Board of County Commissioners (hereinafter referred to as
'''�'•�'''' "The Board") made and entered the 25th day of April, A.D. 1977, which
resolutions were thereafter read into the record and signed on the llth
day of May, A.D. 1977, In the :Matter of the Petition of Park Land Associates
475::. (a Trust) (hereinafter referred to as "Park Land") requesting approval
A of the following:
1. Grant of change of zone from E (Estate) to A (Agricultural)
for land located in the N ; of Section 8, Township 1 North, Range 68 West
• of the 6th P.M. , Weld County, Colorado, owned by Park Land.
2. Approval of preliminary subdivision plan of property owned by
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Park Land located in the N1 of Section 8. Township 1 North, Range 68
• West of the 6th P.M. , Weld County, Colorado.
3. Approval of a special use permit for airport on land located in
the N1 of Section 8, Township 1 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, owned by Park Land.
4. Approval of agricultural unit development plan for land located
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in th:` N . of Forti.e.rn °V1ir. '.,-til, H' 1„ ` ,tii '
Weld County, Ccl rodo, owned 57 l'at'e I :i: j .
5. Approval of . star.e dr etuj)LTvat t' IU.i.i .. .u. ed io ,n., ,
of Section 8, Townsir.l,, 1 Norr-hl '. li-t;e. 62 V. -.. or, ;.1,,•,•
County, Colorado, owned. by , ark ,o..d , ..,t' .,.. A!tdlli.-" II' )i.:PO1 .,m;•.'. _ .
allege and state as 'one's;:
I . That Park _end ., : . 1i,' t.F , .:.J 1'l L.,:
4e.S31on of the ` r: iowing doscr ued "l, . inr ;.t -- I ., . i :% l"•.
Colo ado:
The Ml of ..r t, t,:,.,oli, J - .
6th P.M.
containing in all , 3;3 .m.•...0*, more r: -,-i m .h;. L frrnl
and all reservations for ciJ , r , ;.ntai1 , !. a1Pl nlinct .i . 1 .A.hl ,,, nri.i
appearing of recori . nd -il J;f,:_._ Le ;Any flii0 ill, tights. -•f nd .HJC• -
meats now exist irlg or ni.pc or is s of re.-elm. .
2. That the _'1 a: 1 . _r.s, Kfi-deeth h. Ku, p- ni.1 nit 11
citizens and residents ',1. 1''e Id Count .:Count , , . -: I„c;; who HI _ laudowr:et•.
ne.'e)ing apprext1 .HC r' loo acrei eLH.,yreo.c. _e,d. Lnr,'-:•, crc 'yen the . • l `:
owned by the entity „-:. wn aad :rioe .'.11 .
3. That ti, . . I aintif _. , eenneml Y., k.0(.Th ,Pa it K -r:.,
the owners 0r r ; ,'rt of ws- . . , cu:>.
a portion of the ;roo,crLy owned by RI) L;rad Assoc i.sLes !a T t ,t' .,
described in Pat:.a ra,>h 1. a c,,ce.
4. That the Cn=l Creek ;iitr 1. crei -.r :.,.r r:r.;
mutual ditch ct rlrnr- tganiaeit, undor and L: . n..:
State of C. :,.. t'.. i,:id .' 1tra ., t-. .,,_ , c .. -trod _ can:,
of ao easement and right ef ..r4)' for (.-'..4 (•L .. _. 1l r l'v, I .'CP : :'.;Qel
a portion of ::c _ n-Opt ' _...1 (1 -;v P,:lr3- , oe rh'c .:r ,• . r_ , u Pe. ng_ =,rh
above.
5. That the Citi enrs Crnnit-t. . ,. I P HillIC iemnu:i t I'eve I opmr,,t
consists of _a:k'ownerr. who owl ,Io::erty 1 u,- , ii her l ' 13C I_r,
borders upon the pre pe ty owned by Par6. 1..oft.. dosciH h. e ; :1 ha ragrapb 1
above, or whose property pis ,wtc]in the innerlate. are. 1, ee I sn1'.;' t;nod
and vicinity of tha propr`rL'i d _hod. . t'd_ ,)'Op!t ) , r`'V. l ,rrht;
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vitally affected by the act ions of t.hc Board of. Connt., Cnmmissioners
with respect tc the decisions rendered by the Board of County Commissioners
on April 25, 1977 in connection with the requests submitted by Park Land
and who are rlso directly and vitally affected by Os, pot:ential actiontc
be taken by the development plans of Pars Land.
6. That June K. Steinmark, Victor Jacobncci, Edc,:ard Dunbar, Norman
Carlson and Leonard L. Roe, were on April 25, 1977 and similarly on may
11, 1977, the date of the adoption of the resolutions titre_n.above
described and the date said resolutions were read into the record and
signed by the respective members of the .Board of County Commissioners of.
Weld County, Colorado, the duly elected and constituted members of the
Board of County Commissioners of held Co::nty, Colorado.
7. At the time Park Land or their dirt:c•t predec:nssor 1.n titio
purchased and acquired the property, described in Paragraph 1 above,
• said property was duly zoned A-Agricultural District and nr.:.�er raid
zoning, use thereof was rest r et.ed to those uses permitted under and by
virtue of the zoning resolutions heretofore adopted by the board, l•'►w
Defendant herein.
8. (a) That on or about. February 6, 173, an application was
submitted to the 'Feld County Planning Department by Park Land for ap-
proval of a preliminary suhdivi;.t.on plan.
(b) That on or about April 26, 1973, Park Land submit t.r.
the Weld County Planning D;:partment an application `u :-ezonin.g fro A--
Agricultural to E-Estates Unit Development..
(c) That on or about October 16, 1971 t-bo ''.r::i i ::e:unty P i ann-
iu . Commission recommended denial of the zoning change re•yuest and cited
various reasons for the denial thereof.
(d) That on or about November U, 197J s:'ark Lat,r. .uhmi.tted rt
revised statement of application and pre ir:l.LIary
(e) That on or about December h;, 1` 17 a t►eari.ug was held
before the Board on the rezoning and preliminary plan application.
(f) That on or about ► eL ember 10. 1973 the Board apra ro'• d and
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adopted the Town of Erie Comprehensive P l on.
(g) That on February 13. 1974 the hoard granted the pet..t l: on
of Park Land for change of 7O11e from A-- gr.icu' tcrol District to E-
Estates District:-Planned tlriit Development under tho four following }
conditions:
(1) That any water and sanitation facilities to be installed
o shall be approved by the State Health Department.
(2) All applicable subdivision regulations and zoning regt3la•-
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tions shall be followed and complied with in accordan:•e with the zoning
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l.: resolutions of Weld County, Colorado.
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(3) Subject to complying with ::no recommendations of the Iwo
of Erie, Colorado regarding adequate sewer and water service for the
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area rezoned.
' (4) That said change of. :one hereia granted is conditional
only for a period of twelve (12) months from the date horeof, on .•ondi.tion
that developer proceed with due dilligenee to begin dev • opme.nt of the:
area rezoned and submit plans for such development for the ap
proval of
the Weld County Planning Com1n-tssion and subsequent recording of salt
plans in the office of the County Clerk and Recorder of Weld County,
Colorado; and that major construction shall commence thereon within said
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twelve (12) month period; otherwise, the County may take action to
re'Tone the property to its present classification. A copyof said
Resolution is attached hereto as Exhibit "A", and Inoorporoted h7
• reference herein.
(ii) That on• 1anua.ry 13 , 1975 thy` Board ?.ranted an extf:.i:aion
of time to Park Land on the zeni.:1g ,'hange .o July 110, 1975. The extension
was granted upon the same conditions cited is Paragraph ti (ry) above- on
February 13, 1974.
(i) That' on _tune 25, 197.5 the Board granted a second ext.Cn pion
to Park Land on the zoning change to and until September 1., 1975. The
additional extension of time was granted subject to the same conditions
outlined in the !<esolution. of February 13, 1974 as d rscr bed in Paragraph
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•• 8 (g) above.
(l) That no further extens._on of titu w;•Ls requested or obttaino4
by Park Land to proceed beyond the extensioa grafted to Septe.mbet 1,
1975.
(k) That on or about October 74. 1975 a final plat applir.c.t:i.on
was submitted by Park Land to the Veld County Planning Department.
(1) That on December 22, 1975 the Weld County Planning Cow-
mission recommended denial of the final plat submitted by Park Land
until five conditions were resolved and suitably mc:t.
(m) That on February 11 , 1976 hearing was scheduled and held
before the Board on the final plat submitted by Park Land. The Board
deferred any decision.
1.':.`.; (n) That on March 3. 1976 the Board adopted a Resolution
referring the Park Land matter to the Colorado Land Use Commission and
} seeking a recommendation for guidance from the Colorado Land Use Comm.t-:4sion.
(o) That on March 26, 1976 following hearing by the Colorado
Land Use Commission, a report and resolution was prepartd by the Colorado
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Land Use Commission.
(p) That. on May 19, 1976 the Board adopted a resolution
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denying the petition of Park Land requesting approval, execution and
recordation of a subdivision plat of the property as described in Pirn--
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graph 1 above, enunciating numerous reasons for the denial, and rejection
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S; • of said subdivision plat, a copy of said Resolution being attached
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hereto as Exhibit "b" and incorporated by reference herein.
(q) That thereafter by letters dated June 14, and .July 14,
1976, respectively, Frederick Ginsberg, the attorney representing Park
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Land, requested resubmission ,7f the Park Land project .
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(r) That on September 30, 1976 Park Land resubmitted docu-
ments requesting approval of its subdivision project.
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. (s) That on December 14, 1976 hearing was scheduled and held
before the Weld County Planning Commission. The Weld County Planning
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Commission Staff submitted material recomaending that the request of
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Park Land be denied.
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(t) The Weld County Planning Commission regaested the Board
to make a determination of the then current zoning status of the propelity
as described in Paragraph 1 above.
(u) That en January 5, 1977 the Board heard evidence and
• arguments concerning the zoning status of the property as lescribed in
Paragraph 1 above.
(v) That on January 10, 1977 the Board adopted a resolution,
which resolution was then read into the record and signed • n January 12,
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1977, determining that said real estate as described in Paragraph 1
above was then zoned E-Estates District, subject to certain conditions
contained in the resolution dated February 13, 1974, nunc Fero tune as of
January 30, 1974, and that no unit development plan had been acted upon
either by the Planning Commission of Weld County, ;:clorado, or. the. Board
of County Commissioners of Weld County, Colorado. The Board extended
the deadline for compliance with the aforementioned conditions as set
forth in the Resolution dated February 13, 1974, to and until December
31, 1977.
(w) That on January 14, 1977 the Weld County Planning Com-
mission scheduled and held a meeting relating to the five items requested
by Park Land as hereinabove described and generally referred to at (I.
change of zone from E--Estates to A-Agricultural on a tract containing
56,946 acres for the purpose of developing on airport thereon, (2) E•••
Estate Unit Development plan, (3) Agricultural Unit Development plan,
(4) Subdivision Preliminary Plan, and (5) request fcr Special Use Permit
to construct an airport.
(x) That on January 28, 1977 the Weld ':ounty Planning Com-
mission scheduled .and held a meeting with reference to the requer by
• Park Land for approval of the five items, that is, change of zoning
request, special use permit for airport construction, E-Estates Unit
Development Plan, Agricultural Unit Development Plan and subdivision
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(preliminary plan) , At the conclusion of the hearing the Planning
Commission resolved to make a study of the record and render a decision
at its earliest convenience.
(y) That on February 15, 1977 the Weld County Planning Com-
mission indicated that it had concluded all of the hearings on the Park
Land applications, and had reviewed the iat.erieJ presented. The Plannin
Commission then recommended to the Board of County Commissioners of Weld
County, Colorado a denial of the five items requested by Park Land,
namely, denial of zone change request, denial of the Agricultural unit
development plan, denial of the special use permit for private airport,
denial of the estate unit development plan and denial of the preliminary
plan submitted by Park Land. A copy of the Resolutions denying the
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requests of Park Land are attached hereto as Exhibit "C" and incorporated
ti by reference herein.
(z) That or. April 13, 1977 the Board adopted a Resolution
that condition No. 3 of the Resolution previously adopted on Februar,-
13, 1974, nunc pro tune as of January 30, 1974 which reads as follows:
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"3. Subject to complying with the recommendations
of the Town of Erie, Colorado regarding adequate
sewer arid water service for the area rezoned"
• is invalid and should be removed as a condition to the zoning on the
aforedescribed real estate, a copy of said Resolution being attached
hereto as Exhibit "!1".
s• (aa) That on April 13, 197: the Board :..cheduled and heard the
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application of Park Land covering the five items, namely, rezoning from
E-Estate District to A-Agricultural District , on the 56.946 acre tract,
approval of a special use permit for an airport on the N=-! of Section 8,
Township 1 North, Range 68 West of the 6th P.M. . Weld County, Colorado,
approval of agricultural unit development plan for the N1 of Section g,
Township 1 North, Range 68 West of the 6th P.M. , '.•,'el.rJ County, Co.torede,
approval of estate unit development plan r.or. the ';:'z of Section R. Tt,weahip
• 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado and approval
of preliminary subdivision plan.
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(bb) That on April. 25, 1v17 the Board adopted Resolutions
approving each of the five items requested by Park Land and said Resolutions
Here read into the record and signed on May 11, )977, a copy of said
Resolutions being attached hereto au Exhibit "n' find Incorporated b≥>
reference herein.
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9. That the Board has exceeded its jurisdiction or abused its die—
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• cretion or acted arbitrarily and capriciously in adopting the resolutions
of April 25, 1977, and in granting the approval of the requests submitted
by Park Land contrary to law and fact. That said resolutions as adopted
by the Board on April 25, 1977 and read into he reeor:! and signed '.'.:,•
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• 11 , 1977 were not supported by competent evidence, were contrary to r! :
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evidence, and were unlawful.
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10. The adoption of said resolutions by the Board on April 25,
1977 violates the provisions of the Weld County Comprehensive Plan, rhe
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Official Subdivision kegulations of Weld County, ,.:oiorado, the 0ffic'l.al
t ' Zoning Resolution of Weld County, Colorado, and the Weld County Extracti.rn
Plan.
11. That the proposed subdivision pi an is in viclation ot and it:
direct contradiction with the Weld County Comprehensive Plan,
k'' . 12. That the proposed location for this residential/airport dFev'1,op-
/:. ment is not presently within or contiguous to an urbanized area, namely ,
the Town of Erie. The development would he in direct conflict with Ole
policy to protect agricultural land from uncontrolled urban growth. The
development proposal does not conform wi.ti- the Erie Comprehensive Plan.
13. That Park Land has failed to document how the subdivision/airport
development will positively contribute to the overall economy, environment
and tax base of the county. That Park Land has failed to provide an
economic impact statement and an environmental impact statement prepeired
by recognized experts showing all details of how the proposed cdevel.opment
would affect the local and county's economic base, the tax revenues and
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cost of public services such as schools, utilities, roads and health
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services, and the immediate and long-term impact on the existing environment.
14. That no acceptable agreemenr, has been made by the subdivision
developer, Park Land, with the appropriate ditch companies or partie
involved, including Erie Coal Creek Ditch and Reservoir Company, Kenneth
E. and Shirley E. Koch and the owners of the Smith/Conklin Ditch.
15. That the Plaintiffs are parties who axe aggrieved by the
actions taken by the Defendant above set forth and said Plaintiffs will
be irreparably injured if action taken by the resolet.ions of the Board
of County Commissioners of Weld County, Colorado "E" attached
hereto) are allowed to remain in full force- and effect .
16. That the Plaintiffs hair no other plain, speedy or adequate
remedy at law other than this proceeding and the relief prayed for
herein, and that Order to show cause should be granted why the resolutions
adopted on April 25, 1977 should not be set aside and reversed.
WHEREFORE, Plaintiffs pray as follows:
1. That this Honorable Court order the Defendant Board of County
Commissioners to certify to this Court at: a specified time and place 'J-le
following:
• (a) The entire findings of fact and resolutions made and
entered by the Board of County Commissioners of Weld County, Colorado
with regards to both the five resolutions adopted, entire findings of
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fact and resolutions made and entered by the Weld County Planning Cotn-
mission and the Board of County Commissioners of Weld County, Colorado
with regard to the applications submitted by Park Land.
(b) Complete transcript of the record of proceedings of the
Weld County Planning Commission and the Board of County Commissioners of
Weld County, Colorado of all meetings, whether public or non—public, at
which the subject matter of the applications requested by Park Land was
considered or the general subject involved was discussed or considered.
Said transcripts shall not be extracts of said proceedings, such as
minutes, but to be full, complete and accurate transcripts of all evidence
presented, testimony given and statements made by any and all persons at
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said meetings of the Planning Commission or County Commissioners.
(c) Copies of the rules, regulations, ordinances and laws
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which were part of the record in proceedings upon which the Planning
Commission, and the County Commissioners based their acts and decisions;
2. That all proceedings before the Defendar:L. Board of County
Commissioners pertaining to the said subject matter be stayed and enjoined
pending the determination of this matter in this Court.
3. That the resolutions adopted by ?_b : Board of County: Commissioners
on April 25, 1977 and read into the record and signed on the 11th day of
May, A.D. 1977 be set aside and reversed, they constituting arbitrary
and capricious action taken in abuse of diecret:ion and contrary to law.
4. That an Order to show cause obould be granted why the resolutions
• adopted by the Board on April 25, 1977 should not f e set veide and
reversed.
5. That judgment be entered in. favor of the Plaintiffs and against
the Defendant for their costs herein expended, and for such other and
further relief as shall be proper.
#!592.
• Melvin Dinner, Attorney for. Plai.nti.tis
630 Greeley National Plain,
Greeley, Colorado 80631
352-2081
Address of Plaintiffs:
Kenneth E. Koch and
Shirley E. Koch
5665 Weld County Road 3
Erie, Colorado 80516
Erie Coal Creek Ditch and Reservoir Company
c/o Kenneth E. Koch, Secretary
5665 Weld County Road 3
Erie, Colorado 80516
Citizens Committee for Planned Community Devekoyment.
c/o Virginia R. Thurman
1.920 Spruce Drive
Erie, Colorado 80516
i •
-11-
STATE OF COLORADO
) SS.
COUNTY OF WELD ;
Shirley E. Koch, of lawful age, being first duly sworn upon oath,
deposes and says that she is one of the Plaintiffs herein; that ehe has
read the foregoing Petition and Complaint and knows the contents tl:“,.reof,
and that the statements contained therein are true i:o the best of her
knowledge, information and belief.
Shirley E. Ko
Kam'
Subscribed and sworn to before me this 25th day of May, 1977•
WITNESS My hand and official seal.
My commission expires September li, 19%9..
Notary Pt Jlic
• 64 ,q „ •
•
RESOLUTION
WHEREAS, a public hearing was held on December 10, 1973, .in the
chambers of the Board of County Commissioners, Weld County, Colorado,
for the purpose of hearing a petition of Park Land Estates, c/o Wayne
Barton, 11145 Cherokee Street, Northglenn, Colorado 80233, requesting
a change of zone from "A" Agricultural District to "E" Estates District,
Planned Unit Development, and
WHEREAS, the petitioner was present, and
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 petitioner and studied the recommendations of the Weld County
Planning Commission as submitted, and having been fully informed;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that the petition of Park Land Estates, c/o Wayne
Barton, Northglenn, Colorado, for change of zone from "Al Agricultural
District to "E" Estates District, Planned Unit Development, said area
being more particularly described as follows:
The North Half (Ni) of Section 8, Township 1 North, Range
68 West of the Sixth P. M. , Weld County, Colorado, containing
336. 25 acres, more or less, and subject to all easements,
roads, and rights of way existing or of record,
is hereby granted under the conditions follo_wingj
1. That any water and sanitation facilities to be installed shall be
approved by the State Health Department.
2. All applicable subdivision regulations and zoning regulations
shall be followed and complied with in accordance with the zoning
resolutions of Weld County, Colorado.
131Subject -to complying with the recommendations of the Town of
Erie, Colorado, regarding adequate sewer and water service for the
area. rezoned.
4. That said change of zone herein granted is conditional- only for
a period of twelve (12) months jromda.te hereof, on condition that
developer proceed with due diligence to begin development of the area
rezoned and submit plans for such development for the approval of the
Weld County Planning Commission and subsequent recording of said
plans in the of fice of the County Clerk and Recorder of Weld County,
Colorado; and that major construction shall commence thereon within
said Twelve (12) month period; otherwise, the ( ,rnirlly nay :e action
to rezonTthe property to its present classification,.
k‘goite.:
I 1
O.r C�� .U , rr�r•-R,_. �\ c� ������N
•
.„ '�j �✓.a°;tO��>\off ;��
• ► . •
• Dated this 13th clay of February, A. D. , 1974, nunc pro tune as
' of January 30, 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7 .
( /.
r` - . l -'1-`'-1' 7 • (
ATTEST: / 7
Weld County Clerk & RZcoder
and Clerk to the Board
Deputy Count Clerk
APPROVED AS TO FORM:
County Attorney
•
• 2/ia -z //g /I •
RESOLUTION
RE: REMOVAL OF CONDITION ON ZONING IN RE PARKLAND ESTATES-
NORTH HALF OF SECTION 8 IN TOWNSHIP 1 NORTH OF RANGE
68 WEST OF THE 6TH P.M. IN WELD COUNTY, COLORADO CON-
TAINING 336. 25 ACRES , MORE OR LESS,, AND SUBJECT TO ALL
EASEMENTS, ROADS, AND RIGHT-OF-WAYS EXISTING OR OF
RECORD.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, are vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, on February 13, 1974 , by resolution, nunc pro tunc, as
of January 30, 1974 , did re-zone the following described real
estate, to-wit :
The North Half of Section 8 in Township 1 North
of Range 68 West of the 6th P.M. in Weld County,
Colorado, containing 336. 25 acres, more or less,
and subject to all easements, roads, and right-
of-ways existing or of record.
to "E" estates district, planned unit development, subject to four
(4) seperate conditions, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, by resolution, did, on the 10th day of January, 1977,
extend the time for complying with the aforesaid four (4) conditions
until December 31, 1977, and
WHEREAS, in the opinion of the Board of County Commissioners
of Weld County, Colorado, condition number 3 , which reads as fol-
lows:
R
3. Subject to complying with the recommendations
of the Town of Erie, Colorado, regarding adequate
sewer and water service for the area re-zoned.
is invalid and should be removed as a condition to the zoning on
the aforedescribed real estate.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the aforementioned con-
dition number 3 regarding the re-zoning of the real estate described
above, be and hereby is removed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
April, A.D. , 1977. -
The above and foregoing Resolution was read into the record
and signed on the 13th day of April, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO;.... ) ,
_ Y` ` i
72.0->q.--)-,-.-I- *J
Le
/ .6:5_103 ^7�CL PT /e-CrC_
ATTEST:`is i oaC�vwvt i CkUni1t
Weld County Clerk and Recorder
and Clerk to the/Board
' Deputy County Clerk'
,/
(APPROVED AS TO FORM: (
Ass t.Coun k.y 5ttorhey
4 r /( k,
F ~
BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No . Z-279 Date 2-15-77
-APPLICATION OF Park Land Associates
ADDRESS Doris McFeeters, 3953 Fuller Court, Boulder, CO
• Moved by , . Ben Nix that the following resolution be
introduced for passage by the Weld County Planning Commission :
Be it Resolved by the Weld County Planning Commission that the
application for rezoning from E 4 Estate District ) to
(Agricultural District ) covering the following described
property in Weld County , Colorado , to-wit :
See Attached .
be recommended PEPPITIPPII4 (unfavorably ) to the Board of County
Commissioners for the following reasons :
Section 8.3 of the Weld County Zoning Resolution sets forth the
criteria for reviewing a request for- rezoning:
"Requests for rezoning of. tracts within Weld County should
be supported by detailed and substantial evidence that such
' rezoning is necessary. Recent. finddngs . and oral statements
by the petitioners should show very clearly that either the
original zoning was faulty or that changing conditions in
the area now justify a new classification. Without the pre—
sentation of such supporting documentation, the County
Planning Commission should not recommend a change do zoning. . ,
There must be definite protOt that the area requested for
change has unique characteristics which distinguish it from
surrounding lands and thus, make its rezoning essential."
Motion seconded by Marge Yost
Vote : For Passage Percy Hiatt Against Passage . Harry Ashley
Chuck Carlson Irma White
Marge Yost _
Ron Heitman
Ben Nix
Bette Kounz
The Chairman declared the Resolution passed and ordered that a
certified copy be forwarded with the file of this case to the Board
of County Commissioners for further proceedings .
CERTIFICATION OF COPY
I ' Pat limier , Recording Secretary of the Weld
County Planning Commission , do hereby certify that the above and
foregoing Resolution is a true copy of the Resolution of the
Planning Commission of Weld County , Colorado , adopted on
February 15, 1077 and recorded in Book No . V of the
proceedings of the said Planning Commission .
Dated the 'Nth day of Frhrunry 1977
(:.
Secretary ��
r •
� z1111
• � 4
•
Park Land Associates
Z-279
Resolution
February 15, 1977
The Weld County Planning Commission feels that the applicant
has not met its burden of proof in this request for rezoning.
The applicant has not clearly demonstrated that the rezoning
is essential due to unique characteristics of the area in
question which distinguish it from surrounding lands. The appli-
cant has not demonstrated that the original zoning of this
gauund, which is "E", Estate District, was faulty, nor that
there has been any change of conditions in the area which justify
a new classification of part of an "E" Estate District to "A"
Agriculnual District. The Planning Commission feels that such
a change would constitute "spot zoning" and thus he improper,
because it would be granted merely to relieve a particular
property from restrictions of zoning rather than to consider the
general public welfare, as required by the Weld County Zoning
Resolution. Clark v. City of Boulder, 362 P2d 160, 146 Colo. 526
(1961) . The applicant has not shown to the satisfaction of the
Planning Commission that this change of zone for the purposeoof
constructing a private airfield is in the best interest, safety
and welfare of the inhabitants of Weld County.
•
IP •
CERTIFICATION OF COPY
I, Pat Rymer , 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
February__15, ...1977 and recorded in Book No. V , Page No. , of the
proceedings of said Planning Commission.
Dated this 18th day of February , 177 •
j r arming
Co
Recording ec e ary, We ount� arming Commission
PC-Z-006
iie ' �' � lla :Fo 1 e i „ rV rt � �`�° f� r 1•r. YI J. `r e r ,' {,ta'
��4.lN.t'" = ,.i.. e� 21 14 ,4. _ w'..1.J°. m,r�.,.w:1J�Al r °, ��', l}a. �_a-"y1..��1>fiI•.,i�Y�.d:^i
caner^ =7vr•"czn:a••,.n„ ==11..= ....xwv,n r,..n.ac:uvmaaur=rsnr2naJc chIcvrtin,.meow
LEGAL fI.SCItIPTI0N OP PARKLAND CSTA1 ES
AGRICUI.1UICVL - UNIT 01:YCLOP'41:NT
SI'LLIAl. USE AND I'ILOLJ'1 ARLA
Part of the North !, of Section 8, Township 1 North , Range 68 West of the
6th P.M. described as follows :
Ieginning at the Northwest corner of said Section 8 ; thence SI °1S 'un"W
along the hest Jule of said Section 8 a distance of 546 . 57 feet ; thence
5189°54 '40"h a distance of 511.01 feet to a point on the Last tight-of-way
of Count,. Read No. 3 and nut POINT Ills IRLGINNING.
1. thence NN 54 :u"li a distance of 2252 . _6 feet ; / ji�/17
mil' c
2. thence N0u°05 ' :(1"W a distance of 411 . 59 feet ;
3. thence N33°29' S9"E a distance of 60.67 feet ;
4. thence N45°27'01"1, a distance of 43.97 feet ;
S. thence N89°54 '10"1: a distance of 366.73 feet to a point of nontan-
gency on a curve to the left ,, whence the radius point of said ul rve
bears S27°35' .10"Ii a distance of 65.00 feet ;
6. thence along said curve to the left a distance of 232.09 feel through
a central angle of 201'30 '26";
7. thence- S00°06 '07"1! a distance of 452. 31- feet ;
8. thence X89°5_' 13"E a distance of 952. 53 feet ;
9. thence NI0°07 '47"W a distance of 73. 51 feet ;
10. thence S11°58'09"Ii a distance of 44 .97 feet ;
11 . thence N4=°41 ' S0"I'. a distance of 44 .09 feet ;
12. thence S00°0'3 '47"E a distance of 72. 31 feet ;
13. thence 539°52' 13"11 a distance of 750. 00 feet ;
14 . thence N1111°(17'47"ti a distance of 74 . 80 feet ;
15. thence 540°53 '50"I! a distance of 45.94 feet ;
16. thence 5'38°23'0;"I: a distance of 48. 18 feet ;
17. thence $D0"07 '17"E a distance of 77.69 feet ;
18. thence X39°5! ' 13"I! a distance of 785.011 feet ;
1!I. thence S01 °0- 10""E a distance of 1204 . 31 feet ;
211. thence sS7 ': S.i"li a distance of 6(1 , 111 feet ;
21 . thence ' 01 '0' '07"i a di - lance of 1111'9 ,!14 feet ;
22 . thence . ','1't; 33"W a distance of 567. 14 feet ;
23. thence 5Ia0'55' IS"C a distance of 42__2 . 93 feet ;
24 . thence ]$`I"`,i '0 i"li a distance of 242 . 16 feet ;
_" . then:.. -:oo'lle ''I.""i. A distance of _71 .79 feet ;
26. thence.•',:6'Jowl"I a distance of 55. 90 feet ;
_ . . thence S..o>_ . ' 12"h' a distance of 55, 1111 feet ;
_2S. thence Tefl-o ,'a-''I: a di, t.nlce (It 4811. Ou feet ;
2'1. thence ::59"5 ." 53"W a distance of 611.00 feet ;
30. thence .NOn'f6 '07"W a distance of 430.00 feet ;
31 . thence N26"40'01"li a distance of 55.90 feet ;
32. then. e, 2:960 '"; ' 17"l: ., distance of 55. 90 feet ;
33. thence `•00"Po'0""li a distance of 137. 05 feet ;
34 . thence X14°0o' I3"W a distance of 51 .04 feet ;
35. thence .':0°55' 13"I: a distance of 15.63 feet ;
36. thence Y' I'21' : "fl a distance of 100. 60 feet ;
37. thence XI3'07 ' 11"W ;1 dis' auce of :1 . 78 feet ;
38. tbeucc $5 , ')3 ' ,3"li a dial.nte of 084 . 89 feet ;
39. donee ti0a' in' '0 'V; di i ,,ncc 01 .23. 14 feet ;
' 411, thence 5i '03"Il a dlr.tance ul 15. IS feet ;
41 , ihrnc, 1;00) ;1114"W a dl ;laure of 1;11.011 feet :
r
•
•• •
4?. tllcnce 5rf '551'113"11 0 dist(MCC Of IIt). Sit IOC I ;
1=_-.uf t"tin
13, 1 ' 'o:e ':', 06 '0"'1C a distance of 00 .00 feel; .- -,
11 , thence `.S9"S , 'n3"I'. a distance of 81 . 18 feet. ;
4S. thence Anl1` 31 ' 10"1 a distance of 300.011 feet ;
46. thence 5:4'.1" t3'93"P; a distanca of 81 . 47 feet ;
47 . Lira " "b'"7"I a distance of 791 . 5.4 feet ;
48. thence 58'J' 53 ' 53"h' a distance of 60 .00 feet; .
49. thence .`,'a0G06 '07"W a distance of 1271 . 72 feet ;
59. thH n.-e S5''°53' 53.'W a distance of 770. 00 feet ;
51 . thence 506°06'07"f a distance of 1274 . 72 feet ;
52. thence 58'9°"53 ' 53"W a distance of 109.00 feet ; '
53. thence 1:01'°06'07"W a distance of 1274 . 722 feet ;
54 . thence S89°53 ' 53"W a distance of 589,88 feet;
55. thence SOn"33 ' 53"W a distance of 183. 311 feet ;
•
56. thence 58t'!' 31 ' 16"W a distance of 721 . 5n feet ; •
57 . thence Snn'06 'n7"W a distance of 60 .00 feel ; .
58. thence ::811°54 ' 16"Ii a distance of 105. 211 feet;
59. thence X011"33 ' 53"E a distance of •1:3. 30 feet ;
611. thence 587°5.3' 53"W a distance of 170 . 12 feet;
61 . thence ':011°06' 0'7"f a distance of 714 . 73 feet ;
62. thence .C6" 10 '!11 "f. a distance of 55. 911 feet ;
63. thence S21 77' 17"W a distance of 55. 911 feet ;
6.1 . thence S00"00'07"h a distance of 160.90 feet ;
6S, thence 589°53 ' 53"W :1 distance of 60. 00 feet ;
00. thence 5:0II°06 '117"W a distance of '1611.00 feet ;
67. thence N2t' -10'01"W a distance of 55.90 feet ;
O8. thence 526°27'17"E a distance of 55.90 feet ;
611. thence N00`06'U7"W a distance of 714.73 feet ;
70. thence SS9°;3' 53"W a distance of 824 .116 feet ;
71 . thence 501'01 ' 13"h' a distance of 128. 97 feet ;
' 72 . thence S13°58 '17"1! a distance of 12 .43 feet ;
73. thence `.0l "01 ' 13"W a distance of 319. 71 feet ;
74 . thence 5.16"01 ' 13"W a distance of 12.13 feet ;
• 1 _
75. thence 5nl "01 ' 13"11' a distance of 436. 27 feet ;
76, thence SS9°53' 53"W a distance of 60.01 feet ;
77. thence \0I "01 ' 13"h a distance of 1271 .96 feet ;
78. thence `"'"03' 3"W a distance of 912. 1_2 feet ;
79. thence .\'01" IS'0n"Ii a distance of 307 . 30 feet to the .
Thlll. I'01\1 01' lilt;INNING.
Pesclihed parcel containing 56.910 acres.
v....afrr"r ire Iota. ...r an-maysv+rvr+me:.xs+rmnaffiaravna•rvox.=mrateCrry_
reours
•
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nnim*
'1 af dlll7;,1d� �1 •� 1t'
• .BEFIVIIE WELD COIINFY PLANNINWOT7iiISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Park Land Associates
Doris McFeeters
3953 Fuller Court
MBpgadgy, CO a that the following resolution be intro-
Hi
" duced for FM e t Se Weld County Planning Commission :
Be it therefore resolved to recommend denial to the County Commissioners,
on Pt. of the Ni of Section 8, T1N, R68W of the 6th P.M. , Weld County,
Colorado for an Agricultural Planned Unit Development for Park Land
Associates for the following reasons:
Section 6.6.5 of the Weld County Zoning Resolution, which sets out the
review procedure for unit development plans, provides:
" . . . .before a building permit is granted for a structure which is
a of a unit development plan, a general plan for the entire
unit development shall be approved by the County Planning Commissic,:
and the Board of County Commissioners who shall be guided in their
review by the (1) intent of this Zoning Resolution, (2) by the
unique conditions of the land involved, (3) bnd by the county wide
need for such developments. "
It is the conclusion of the Planning Commission that approval of the
proposed agricultural unit development plan would he contrary to the
intent of the Weld County Zoning Resolution. The initial section of
the Weld County Zoning Resolution, entitled "Purpose", subsection (1),
provides that one of the purposes for which zoning was enacted in Weld
County is to protect property values by preventing the placement of
anti-meting land uses in the same area. For reasons more fully set out
Motion seconded by : 'Bette Kountz „ -
Vote : For Passage Abstain Against
Percy Hiatt Irma White
Chuck Carlson Harry Ashley
-Marge-
Ron Reitman
Bette Kniintr.
Ben Nix
The Chairman declared the motion passed and ordered that a certified
copy of this Resolution be forwarded with the file of this case to the
Board of County Commissioners for further proceedings .
1
Park Land Associates
A-UD
Resolution
February 15, 1977
Page 2
in its recommendations on the application for a special use
permit, the Weld County Planning Commission finds that the
proposed airport use would conflict with existing agricultural
and residential uses, and thus would lower property values in
the area, contrary to the intent of the Weld County Zoning
Resolution.
The Planning Comnis±ebon also finds that the applicant has
failed to show any unique coadition of the subject property
which justifies approval of the agricultural unit development
plan in this particular site. Some evidence has come before
the Commission which indicates that one unique condition of -
the land, the existence at irrigation ditches traversing the
property is inconsistent with the proposed airport use because
of the possibility of soil erosion. More detailed comments on
this question are found in the Commission.' s recommendation on
the special use permit application.
The Planning Commission further finds that the applicant has
not shown a county wide need for such development .
• 1V-1-
• • y_t
CERTIFICATION OF COPY
I , Recording Secretary of the Weld
, pad R ,r
County Planning Commission , do hereby certify that the above and
foregoing Resolution is a true copy of the Resolution of the
Planning Commission of Weld County , Colorado , adopted on
Febrnary 1Fi, 1.177 and recorded in Book No . tT of the
proceedings of the said Planning Commission . -
Dated the iPth day of Rnhri,„y 1977
(1-73k-A
Secretary
f
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1uL1Yitti]L'm rJaVN1't)�21J°Gt1r,t].a rr2-4 w'r,tt-„,nra, mji l•••n�wnpn ��a'aLr S•.-rt....v.r.,�.w�a.
•
•
>Y'�6L'NI@600-tWID
LEGAL 01..SCRI1'TION Of PARKLAND ESTATES
AGRICLI LTt1RV. - UNIT OL:CIi I.OI'NII:N'f
SPECIAI. tl5li AND I'LRNIT ARIA
Part of the North 1, of Section 8, Township 1 North , Range 68 Nest of the
6th P.M. do scr ihcd as follows :
•
Beginning at the Northwest corner of said Section H ; thence 5I °15'1111"ti
alone the hest line of -said .Section S a distance of 540. 57 feet ; thence
N89°51 '40"II a distance of 50, 91 feet to a point on the fast right-of-way
of County Road No. 5 and Tfilf. 'UINt OI h0GINNING.
1. thence N59°54 ' 411"L a distance of 2252. 26 lout , / ,J /�//
2, thence NOO°05 ' 20"IV a distance of 411 , 59 feet ; rc ,�9 , ��
3. thence N'33°29 ' 59"li a distance of 60.67 feet ; •// 7 ,7
4 . thence N45°2" 0-i"L a distance of 45. 97 feet ;
5. thence N89°54 ' 11"li a distance of 366. 78 feet to a 'point of nontan
gene)' O1, a curse to the left , whence the radius point ol- said curve
I hears 527°35 ' 30"li a distance of 65. 00 feet ; .
6. thence along said curve to the left a distance of 232.04 feet through
a central angle of 204 '.32 ' 26";
7. thence 500°06 '07"6 a distance of 452. 34 feet ;
8. thence N89°52 ' 13"li a distance, of 952. 53 feet ;
9. thence N00°07' 47"IV a distance of 73. 51 feet ;
10. thence 541 °58'09"6 a distance of 14 . 97 feet ;
11 , thence N1'°44 ' Sll"Ii a distance of 44 . 09 feet ;
•
12. thence 500°07 '4716 a distance of 72. 31 feet ;
13. thence N89°52 ' 15"li a distance of 750.00 feet ;
14 . thence NOU°07'47"li a distance of 74 . 80 feet;
15. thence S/0°53150"E a distance of 45.94 feet ;
•
16. thence N38°21'0 "h a distance of 48. 18 feet; .
17. thence 500°07 '.17"li a distance of 77.69 feet ;
13. thence NS9°52 ' i3"li a distance of 735.00 feet ;
19. thence S0140: 107"6 a distance of 1764 . 31 ,feet ;
2,1, thence SS4 55 ' :',1"4, a distance of 60.01 feet ;
21 . thence `,nl 'o" 0""'I a distance of 4009.'94 feet ;
22. thence . Si' 53"h a distance of 507.44 feet ;
23. thence SOIL'-5' IS"'6 a distance of 422. 93 feet ;
24 . then.-c SS:i' ,5 'd3"h a distance of 24', 10 feet ;.
'S. thence SI,i'nt ' a .! i <t: t,ce of _;1 . 79 feet ;
2o. thence' ,=u'4al 'ul "'. A ,ii :.tanee of 55. 90 feet ;
. . . thcne 2n°. ' 1 '"N a distance of 55, 90 feet ;
23. thence „ d', „'d"'f. A 4i i .IIICe of 1811. 00 feet ;
29. thence ssD"; i' -,5"h a distance of ('0 ,00 feet ;
30. thence N00°00 .07"1.• a distance of 480.00 feet ;
31. thence ..N26°49 '01"B a distance of-55.90 feet ;
32 thence \ '0°2; "f. A distance of 55. 90 feet ;
33. thence N,'0°Oo '0-"lC a distance of 187.05 feet ;
34. thence \ Ii°0'.1' 11"t( a distance of 54 .04 feet ;
35. thence NII'5?' IS"I: a distance of '93.1.3 feet ;
3h. then,:, ,.' I ' '9' ,_"h a .1 ' -t: ice of ''10,60 feet ;
37. then. v SI '';ll ' l0"tV a distance of 81 .78 feet ;
38 . them ,- 1.`: ' . "1'. ,' dl -lance Of 651 .3'1 feet ;
39. th,sn, '' 9n.' ,n•q^'y/ a ,' I - t :u'<e of 123. 14 fool ;
40. th':u„ , ,'03"I. a ding aline ul 15. 15 feet ;
•
41 . ' Ihvnre t,,l,i' 1I ' 1'i"li a diit,itice of I '.1).00 feet '
,� ' ,,._ 4 'z"•'_
..._�•� �r:ti� ,.„ ...,..„ ,.:---_-,,.;,-)r «'y'n t �:i.n `-?Y'°ti,'S--a• ,+St;. . .. ,!, ,c4.,;_„:1,‘•
42 , 'Les e ''li"P; a ,Ii <i inc:e l,f I lq
I' . ;u I 'Ct ;
45, t a*+=n/ ii ,1 ict;litC of 6 ,(la 1:(
11 . Ilene'' ' i I: a Il�tauie of 81 . 18 feat ;
5 , tL,"Ice '.n'I' ;1 ' 10"I: a distance of 300.011 feet ;
-1b. there ',.t7' ,i ' U5"IC .1 dint;lnc1 of 81 . 1; feet ;
1" . .L,-r. . 9^ 'n'"I a distance of ''91 . 58 feet ;
. 18. thence 53'1'53 '53"I'. a distance of 6(1.00 feet;
49. th •nee .,9010', '07"7r a distance of 1271 . 72 feet ;
50. thence .r p.'1tii' 53"IC a distan :e of 770.-U0 feet ; '
• !I 51 . thence SUP 96 '07"I .a distance of 127.1 . 72 feet ;
•
i 52 . thence 95'1' 53 ' 53"W a distance of 10(1. 00 feet; '
Sc.- thence ( II ''W a eistance of 1274 . 72 Zees ;
51 . thence S89'53 ' 53" a distance of 589. 88 feet ;
•
55. thence 0"3 '53"P; a distance of 143. 30 feet ;
50. thence S9- - 1 ' UI"4r a distance of 221 . 50 feet ;
57 , li ii - :al', ''Ii '07.'If a ,lintandc. of 1,1). 1111 f c,•I ;
SS. thence '5.1 ' 16"I! a dist:lace of 115. 20 feet ;
59. thence x'nl"33 ' 53"1; a distance of 123. 30 feet ;
I 611. thence 58'1`33' 53"h' .l distance of 170. 12 feet ;
•
61 . thence 500"06 '07"I'. a distance of 711 . 73 feet ; '
02 . thence ':2o".111 '91"I: a distance of 5.,. 911 trot;
63. thence 52u'""47"W a distance of 55.99 feet ;
01 . thence tinrl"'10 '07"1; a distance of 160 . 11(1 feet ;
05. thence 589"53' 53"h' a distance of 60. 00 feet ;
00. theme N00"n6'I17"W a distance of 400.00 feet;
67 . thence N26°40 '(11"W a distance of 55.90 feet;
GR. thence 526"27 '17"E ❑ distance of 55. 90 feet ;
69. thence 'alll°111;'(17"W a distance of 711. 73 feet ;
70. thence `0°:5,3' 53"W a distance of 821 .06 feet ;
i `,
' 71 . thence 3111 "01 ' 13"W a distance of 128. 97 feet ;
72 . thence 515 -'58'17"I: a Jistnnce of 42 . 13 feet ;
1 73. thence S01 "1)1 ' 13"W a distance of 31'9. 71 feet ;
i
'74 . thence Slo"(11 ' 13"It' a distance of 42. 43 feet ;
75. thence Sol "01 ' 15"Ii a distance of 456.27 feet ;
76. thence :;Sp"53' 53"W a distance of 00.01 feet ;
77. thence ,'301"01 ' 13"L a distance of 1271 .96 feet ;
73. thence 589"53 ' 53"W a distance of 912. 12 feet ;
79. thence X01 ' 15'00"1; ❑ distance of 307. 31) feet to the
TI1111_ t'en't 01 ItIt1111GI.NG.
I lescribed parcel Containing 56.9.16 acres.
l ll rgSTPT' Tw,1r401'l1]rt.•.1L0a,weal!•,LLTrl012102TRL),®RtfaY.SOR.C,t INIETrateinalnalt..Thaa una�n�..us..+�
•
�1�) pf r+�At'. ,Yr.kliK '�� { 041^i �f1 y''A,I) I! �It aN lr _ 7 t
i.A �d ,: ��t ltd Ay�wr11 r dr�A "11 �' ,1t�/ l ? a , t��5F1YIy l:r ' ( l
I\a* . tti �.d4 ./r�a. an,, �" { 4.i�...lf 11't)SN:l p • •lt'!((1 tw7111' . . 2 t. i �.v ,t r. , A r i. r
, • G •
•BEFIIPE TrdE WELD COUNTY PLANNING COPTI'ISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by that the following resolution be intro-
duced for pcIliialeCSIMW Weld County Planning Commission : .
Be it therefore resolved to recommend denial to the County Commissioners
on Pt. of Ni of Section 3, T1N, R68W of the 6th P.M. , Weld County, Colox
for an Estate Planned Unit Development for Park Land Associates, % Doris
McFeeters, 3953 Fuller Court, Boulder, CO for the following reasons:
Section 6.6.5 of the Weld County Zoning Resolution, which sets out the
review procedure for unit development plans, provides:
". . . .before a building permit is granted for a structure which is
a part of a unit development plan, a general plan for the entire
unit development shall be approved by the County Planning Commissic
and the Board of County Commissioners who shall be guided in their
review by the (1) intent of this Zoning Resolution, (2) by the unit
conditions of the land involved, (3) and by the county wide need fox
such developments.
The Planning Commission finds that approval of the proposed estate unit
development would be contrary to the intent of the Weld County Zoning
Resolution. The initial section of the Zoning Resolution, entitled
"Purpose", subsection (1) , provides that one of the purposes for which
zoning was adopted in Weld County is to protect property values. For
reasons more fully set out in, its recommendations on the application fox
ha oovaecondehcpfy eliminary plan, the Planning Commission feels that the
Pesey Hiatt
Vote : For Passage Abstain Against
Percy Hiatt Irma White
Chuck Caxl.,on Harry Ashley
HMhi Ge Yost
Ron Heitman
Bette Kounts
Ben Nix
The Chairman declared the motion passed and ordered that a certified
• copy of this Resolution be forwarded with the file of this case to the
Board of County Commissioners for further proceedings .
• •I • `+ ' /` CVO
v
Park Land -Associates
E-UD
Resolution
February 15, 1977
Page 2
current proposal could adversely affect surrounding property
values by creating dust and soil erosion problems.
The Planning Commission further finds that unique conditions
of the land involved, such as a limited water supply and the
existence of irrigation ditches on the property, render the
land inappropriate for development as proposed in the estate
unit development plan.
The applicant did not address the issue of the county wide need
for such development.
• °ter.°, V'laY ^'A _ ♦_.1�a •l'4'_ -.. 1_•. io� _ .. v.M' ry e .. 't k i
I�t,( r Irrtlirt ri..4. I4 .H4 • -„, e ri}. ., I § yr . i.• r 4 . fr,, J•• 4i i • 4R:Alt ti
A'w r•kr� •�R �1'+•� 1,F;1 a`i� 'ry4 1 � Fje� _ i-, ,, N'I 'f !i Ily, t I N, ` I
4 fS� • § C
1:16 • •!� `�ht Y '4t}'. i'{tl .ii rl" l} n.tl' .04. :L'G41, -!� ' " 5 t!Fl Nt17111' .. � ll '� )' . F..
led+ P. SS • . _.
_ -,...-.. _.-.....:.¢tintsowcmmrxaaor.v®•"mttractaw,m.mat.. __
topagtocznanamatim
LEGAL DESCRIPTION OF PARKLAND ES'T'ATES
ESTATE-UNIT DEVELOPMENT
A-I
The North 1/2 of Section 8, lolu.hip I Vol lh !tango 68 West of the
Sixth 1'rl ni 1p.11 Meridian, more p.11 tin,!ai lv described as 10!!0..'9: Ilro1l_ei_t}• Owners Belli
ftej.irrnln4 at the N. 1/4 cornet of said Section 8, thence. thence I
1) N 111°1>•00" I. 2074. 10 leer to the M.N. Sec. corner; We, the undersigned ]
2) N 89'S4'10" I. 175.1.79 feet to the S. 1/1 corner; thence submit LhC Parkland I.
3) 5 89°5.2' 13' I , 2'21.02 feet to the N.E. Sec. corner, thence request bmi for e kiaidg
4) S ol'u7•u ' N, 2071.06 feet to the E. 1/4 corner; thence 6 Unit Development ao io A
5) S 89'53' 53" W• 5182.53 feet to the Point of Beginning containing
in all .130.27 gross acres. with the plans and tie-Except the following described parcel .
.
68eginniitg at the Northwest corner of said Section 8; thence Sl'IS'00"h' X. ,1rllep
slung the hest luu• Of s0 id Section 8 a distance of 544.57 feet ', thence
589°51 1 4J• l , 41 I S I JOCC If S0.n1 feet to a point on the East right -of-way
of tOtnty Road No. : and _Iltllr. 1,11 NI OE NIA;INN 1I IJuf1.T]—Pohlcy , IhllS tc
1. thenee. 549731140"L a distance of 2252.20 feet; er 74<_ l
7
2. thence 500'05'20"W a distance of 411 . 59 feet; C N ,,.. . J r
3. thence N3Y29'Sa"I. A dist.lncc of 60.07. feet; VV'% C/� Dean KT—Cochran , -7 717
. //276
4. thence 545°27'01"E a JiStAllic of 411.07 fret ; 1 ,
5. thence 5119°51' 10"E a dc.t:u,ce of 306..'. 8 feet to a point of nontan' - _ _ __—_
gcuiy on a curer to the leis , whence the radios point of said curve TflOfuns N-�aUt ICI' , Ti
hears 527735'30"ha JI>t:once of 05.00 feel ;
6. thence alone said nun' to the left a distance of 232.04 feet through 'I
a cenllal angle' of 201"32'26"; .
'
7. 'hence SO0°04'07' 1. a distance of 152.34 feet ; barrel ! T1. Dugp,er , T:
8. thence 5°.'1"" 113"I: n distance of 952.58 feet;
9. thence NUJ°01'47"h a distance of '3.51 feet ;
10. thence S11"58.09"I. a distance of 41 .97 feut ; Acl:nOw] edgefilellt
11. thence N42°11 '50"I, a distance of 1.1.09 Iect ;
State of Colorado
12, thence SO0'02.47"1-. A dlslauce of 72.31 feet ; County of i r l,e_a Fll/i
IS. thence 5891"3_'' l3"I. a dist:lnae of "50.,10 feet ;
The foregoing instru
jI, thence V6!1',1-" 1"'h a .li:,l.u:ee ,.I 5.I . :.0 feel ; "trustee ; Dean E. Cur
IS. thence S40225'20-1 a distance .of I. ''1 feet ; Do er ur , '!r e ostr ; Ken
J . McFoeters , 'trusts
In. thence 535'23'07-h .1 dl>l.l n.'r ui 18. 18 feet ;
thence ;na-..-' 1 .^I. :1 .I,il:ulna of .tea feel : This /4-- day of
Ir . thence `.11! .._' 13"I' .1 (I; .I Ant e of 'ss.00 leer' My Commission Expire
I1'. thous. S01"07107"4 ., alutatie0 0f 1761. 31 feet ;
. thence 58 ,5"4 .1 JIJ1.l6ce Of 10.01 feet ;
tom.
,'1 . cheese ''r01 'J 1-"I a JI<1al,te al 1404.0.1 feet ; _— : • .
Not a r)' Fun is
. . . thin“ .: . o .1 .I1 I. Hie „I ,0'.l I fart ;
. t lice,e :;On I:i i, a .I4 J.l.lu., 0f 121.'1 : I eel ;
if,..r,;e I ., .!, t.rile.• .,1 212 . It. feel ; Planning Conani ss ion
. II., 1... • ''"r d1 .1.,0.. ,11 _ . I . leer ; This is to certify t
:,.. ti...n„ -I"I 1 di .I.IlIte el ... 1J test ; approved , certified
Commissioners , Weld
I L. ncc n.'6' 1 - o :1 .I, .1'.1 n,r 0i SS.
'1J Icrt ; appl'OVTI of the Pail
25. ise..C.' so:, ..,,,Hr- I. .. al 0i 1,40.1 40 (.et ; and the :Orlin- chant
Development to Agrit
:). !hence `g:''•, ',4"li a di,.1,0,-c .,1 oli.00 Ice! ;
30. thence .V'10'06'07"W a distance of 180.110 feet; '
• 31 . thence N20'40'01"'R .1 J1...:1hte id. 55.90 feet ;
Datehence 520'!7'4.•"i ., d,il: lice Of .5.'.111 feet ;
33. thence Nao'0t'JT"h a .I,-.ta11Je ,'.f le.'.w, feet ;
tl Ih•:!9-• NII'uJ' I:"a ., dl1.ln.,e ,I; hi JI (err ;
35. thence N0"55' If 1 •, Jlst.u,.e Of 275.0} feet ; Inch! of County Col:u
tn. Thence ..:.-2111 ;_"15 .1 dirt:rn.e „f 1011.1,0 Ieet ; 'I'III > is to certify' I
• 3- thence N13"0-' 111"li :, distance 0i 81 . 18 feet ; t,oI ii ,.:o tit) hereby t
tidal - Ilnit Developlat
. • _ 'r.. .. � �e - _ ., • .... ... 2222"-n .ti..
dcst ri!'t',I pdrucl
ri. th.•rr.•,. on'..-" .1 di' :e of .123. 14 feet ; _ lievt'1Opult'11t .
• Ile. thence ':9n°51'0 4"li ,lit� uce of 115. 15 feet ; �J .
41. thence •.uu°3I ' . .^19 .' di:t:rnee of 120.00 Fret ;
42. thence >9°51'.:"p a Jisl.Ince of 110.50 fret ; 1:1 C
41. (Ilene( '.ou'tll.' "n. :, di. fancy „f 60.110 feet ;
44. thence `:e)°;,}'oi"I 'i diet.m':e of 81 . 18 feet ;
45. thence '•.nn"11 'lo"I ' dl ,l.n.,,' of 30(1.00 feel :
Attest :
16• Thence S"'1' 1e1"6 ., -Ii .tancr of F4.17 fret ; ---
C
47. theme ..'n"Uo'0'"I. J ditanic of 791 . 55 feet ;
49, thence 475315 -1.1 di, t.n.ce of 60.00 feet ;
49. thence A09'06.07"h a di:;I:11Ke of 1274.72 fret;
50. thence S59"53'33"h a distance of of 770.00 feet ;
SI . thence .Sur)°nb'u;"I a list.inco of 127.1.72 fort ;
,_. thence S8”°5'•'53'94 a 4ictance of 1110,110 feet ; •
51. thence (:02`01.'07"h a distance of 1274.7'. feet ;
54. .thence 59'1'53'51"A a distance of 589•X8 feel;
55. thencc '61'9'33'531'1( a distance of 183.31) feet;
56. thence '•S'9"'.l' Ii"K a ,l,cl;Ince ut' 221.50 feet ;
PL-LJ
5 - _
lht nee IN01"0n'0""'•i :1 di••t:nlre of 61),111) feel ;
Sh. )Lens $9y'I:,' I6"1 .' II- Ian r of 1145._211 feel ;
59. thence '•91'4:'53' I a dini.,:r c of 123.30 feel ;
11, then,,. . a:''" i ,.."S a Ji--t.lu. ' of 170. 12 feet;
61 . thence o-r'nn', -"I. a di I. or of '14.73 fret ; .
n.'. Ihvl.tr ',.'f,' lii'ul"I a di- t.inee of 55.90 feel ;
61. theme 526"!7'47"h :r dt%fdlOO of 55.91, feet ;
61, lh, n, ( '.00°06'07"1'. .1 distance of .160.110 feet ; -
65. thenc 5.86 51 )3"1< ;r distance of 6(.(111 feel ; 2
e
J
5n, theme ::1111°'I6'n7"li a JI>Ialrr of 4611.00 feet ; - KGIJO'6I{^
67. thence 7426°10'01"W a dist:orce of 55.90 feet; rtoA0
Oh. thence ;26°:7'17"I: a distance of 55.911 feet ;
69• thence `:,u"0b'07-1e a di;t,Inir of 711.73 feet ;
7U. thence ::.19°53'53"f: a distance of 824.96 feet ; (1
II tiu me Snl'"1 ' 13"W a JI,IdOt'^ •17° 97
72. thence e13' 41' 1 '1. a JIt:Ince of 1;.41 feet ;
73. thence Sul"nl ' I1"h ,a instance of 11'1. 71 feet;
74. thence SIn' I1l ' I1"li a distance of 42.43 feet ;. - Z
j5. thence Snl°01 ' 1 :"I'• a distaoee of 136.:7 feet;
71.. Ihente 980" '.1"Ii ., di:.tanee of 611•nl feet;
77. thence ::01'nl ' l1"h a distance of 1274.96 feet ;
78. thence 599°83'53'9; a distance of 912.1; feet ; wWA)
ERIE
79. thence ':ql'i H'qq' l. a distance of 307.30 feet to the
Ildlf 19 i:,I 'rl III 111`:;',112
Described r:'Icel cot l.'inrny 56.946 attes.
- - VICINITY P1
ADJA E NT Zot,
•
ecHOOL. tISTR
• l.4\Te p4-Sy•
FIDE DISTRICT'
SAN ITATICh4 DIS
. I f
p
41 i r RI p)) II! 1' * 11SI
f ; ... I dh4 fil.i i 'ai_...:''�
BEFORE THESi;-LOUNTY , COLORADO PLAN - ,MMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No . SUP # 322 Date 2-15-77
-APPLICATION OF Park Land Associates
'-ADDRESS Doris MaFeeters RfSR F»ller Court, Boulder, CO
Moved by Marge Yost that the following resolution be
introduced for passage by the Weld County Planning Commission :
Be it Resolved by the Weld County Planning Commission that the
application for site approval of Private Airport
covering the following described property in Weld County ,
Colorado , to-wit :
See Attached
be recommended �.�(unfavorably ) to the Board of County
Commissioners for the Tbllowing reasons :
Section 3.3.E of the Weld County Zoning Resolution sets 'out the
requirements for review of special use Permits in the "A" Agri-
cultural Zone:
"The Planning Commission and the Board of County Commissioners
shall consider the following in making their determination in
approving or denying a- special :use permit: compatibility with
with the surrounding area, harmony with the character of the
neighborhood and existing agricultuaal uses, need for the pro-
posed use, its effect upon the immediate area, its effect on
future development of the area and the health, safety and welfare
of the inhabitants of the area and the County.
Before a permit for a special use is issued, the Planning Commissi
and the Board of County Commissioners shall determine through pub]
hearings, that the following plans, methods, and studies, which el
Motion seconded by Chuck Carhop
Vote : For Passage party JilItt Against Passage Harry Ashley
Chuck Carlson Irma White
Marge Yost
_Ron Heitmatt_
Bette 'Count?
Ben Nix
The Chairman declared the Resolution passed and ordered that a
certified copy be forwarded with the file of this case to the Board
of County Commissioners for further proceedings .
Park Land Associates
Resolution
SUP 322
February 15, 1977
Page 2
accompany the application for a special use permit, pro-
vide adequate protection of the health, safety and wel-
fare of the inhabitants of the area and the County. . . .
Description of proposed operation in sufficient detail to
indicate effects of operation in producing air and water
pollution, oidr, noise, glare, fire or other safety hazards
and traffic congestion. . . .
Method for supplying water in such a manner as to be ade-
quate in quantity, quality and dependability for the poo-
posed use.
The Planning Commission finds that the proposed airport use is in-
compatible with the existing surrounding residential and agricultura:
uses due to the noise which would be generated by aircraft using the
facility. The Commission concludes that the establishment of such a
use would create a public nuisance which would adversely affect the
adjacent Koch diiry farm and would• adversely affect residents in the
nearby subdivision of Scott 's Acres, and possibly those in Westview
Estates and Carmacar Ranchettes. The Planning Commission has receive
letters from surrounding property owners and residents expressing col
cern over these potential negative impacts. For the same reason,
the proposed use could also have an adverse impact on future develop.
ment in the area.
In addition, the applicant has not showm whether it possesses a
• sufficient water supply for the maintenance of the proposed turf-
aggregate runway. The applicant has not addressed the question of
maintaining the runway. Ample evidence has ,been presented of the
limited amount of water available for irrigation within the pro-
posed development. The Planning Commission feels that an inade-
quately maintaiueu runway could be subject to soil erosion, which
could create an adverse impact on the existing agricultural uses
in the area; irrigation bitches.
CERTIFICATION OF COPY
Pat Rymer Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on PPhrnrr. i
and re-
corded in Book No . V of the proceedings of the said Planning
Commission .
Dated the 15th day uar 19 77
Secre ary
_ f 1 .!. i 11� ,i t .4
+_•_...IY':S. tf..:r'.�ru�S....LlrLii. ✓ a.. If ' _l :.r.V`f .q �. J�x,p...4. .1
,.�.... Q..us^-�,m.,L um+r+<a'+tr, (.c�. .-,.oc.,.'..,..-°, n-ate.. ... .,..,,�....'t ,-,z-•....r.,n-.�..e�svm®vrnama�u®a
LEGAL OLSLRII'TION Of PARKLAND ESTATES
AGRI CU LTII RV1. - UNIT DEVELOPMENT
SI'EC1A1, USE AND PERMIT AREA
Part of the North of Section 8, Township 1 North, Range 63 Nest of the
0th P.M. described as follows:
Beginning at theNorthwest corner of said Section 8; thence SI°15 '00"Iti
along the hest line of said Section 8 a distance of 540 . 57 feet ; thence
N89°51 '40"1' a distance of 50. 91 feet to a point en the fast right-of-way
of County Bead No. 3 and TRUL POINT 01 !IiGUNNING.
1. thence NIL'S ; '40"P. a distance of 2252. _6 feet /
,,/16.317
2. thence N00°0;' 20"I< a distance of 111 . 59 feet ; /J5
3. thence X33"2'i ' S9"Ii a distance of 60.07 feet ; // f-76'
4. thence X45°25 '04"l: a distance of 43.97 feet ;
•
5. thence 589°51 '40"E ❑ distance of 366.78 feet to a point of nont,In-
gency on a curse to the left, whence the radius point of said curve
bears 527°35' 30"E a distance of 65 .00 feet ;
6. thence alone; said curve to the left a distance of 232.04 feel through
i- a central angle of ?04 '32 ' 26";
7. thence 500°06 '07"I! a distance of 452.34 feet ;
8. thence N89°52' 13"1i a distance of 952. 58 feet ;
9. thence NOU°07' 47"h a distance of 73. 51 feet ;
1(1. thence 541 °58'09"f a distance of 14 .97 feet ;
11 . thence N42°44 '5(1"1. a distance of 44.09 feet ;
12. thence S00°07 '4711 a distance of 72.31 feet ;
13. thence N89°52 ' 13"4 a distance of 750.00 feet ;
14 . thence 1:0007 ' 47"1. a distance of 7.1 . 80 feet ;
15. thence S40°53 ' 50"I'. a distance of 45. 94 feet ;
16. thence N'38°23 '07"f a distance of 48. 18 feet ;
17. thence 5110°07'-17"f a distance of 77.69 feet ;
13. thence N89°5j113911 a distance of 785.00 feet ;
] 9. thence 5111 '-0.' 1 099E' a distance of 1261 .31 feet ;
20, t h, ace _,54 SI'S a distance of n01.01 feet ;
21 . thence 5'll 0- ' 117"1 a di lanca of IOut) .94 fret ;
22. thence si' "l: a distance of 567 . 41 feet ;
23. thence Slid`: 5 ' 1.5"1'. A dl -.tallce of 1 '2 . 93 feet ;
24 . tll'll, e sSt' 5?' f:"11 a di lance 11i 24' . 10 feet ;
2.. been. . 'l• LI. ' ,, .il - tall.. 271 . 79 feet ;
20. the : t- 520 03 ' 111"i J d , : tnice of 55. 91) feet ;
. . . then. . .'0 a dist ,inte of 53. 90 feet ;
25. then, .• Lett' „ a-' f a .. , .,( .hive it 15(1, 1'10 feet ;
__ . thea.e ..s'.' 55135"f. J. dl>tinee of 00. 00 ices ;
30. [hence ..t.0°Of '0"'ii a distance of .180.00 feet ;
31 . thence N26°10 '01"h a distance of 55.90 feet ;
32 . thence .`.'o-Y ' ,7"1• .l distance of 55.91) feet ;
. 33. thence 5,10".'o '0-"h a distance of 187.05 feet ;
3.1. thence N11°n:)' IS"'o a distance of 41 . 114 feet ;
35. thence NU'3.- '. IS"li a distance of ::13.03 feet ;
30. thence A.' 1"'1 ' "_"E :. dh -lance of (11(1. 611 feet ;
37. thence LI ; -O'; ' Io"h a distance of 91 . '8 feet ;
38 . I het,, , Se . , "f, .1 iii Lulee ,,, OSl . :it) feel ; .
39. tL- n. ,• SU , ,11,'n-"W ,, .(1 ',1anre ot 123. 14 feet ;
.4b. then„ .„ 'ni"I A di >t nee ut 14S. IS feet ; . '
I..,.f -
C7"a r' 'I v4" c— `tf {r t4ti t. k., ->L ~ t+t.wc« J
•
avn
4;, , '02" a di '=tank o', 60 . 6a, /it;
41 . h, n.-e - '3"I'. a 11i-twice cf 51 . 1.9 Drat ;
45, thence ',1 ' %J"I, a distance of iii)i. 0a feet ;
16, tlr.:.c_ 'U3' c a -listanec of 51 . 4, feet ;
42 . td..I,,-r 'n""I a J, ctnnce of -91 . 55 feet;
48. t'i'ne: S59255 33"li a distance of 60 .00 feet;
_ 49. th"nie :,')u`116 '07"1', a diotclnce of 1 '_71 . 72 feet;
so. thence 58'4 , a ss"h' a distance cl 0.00 feet ;
SI . thence d00_'0'07"f a distance of 1274 . 72 feet ;
52. thence ,`.9'x'3 -, ,"W a distance of 1110.00 feet ; "
53. thence Ido '06'07"IS a distance of 1274 . 72 feet ;
54 . thence 58'1" 31' 53"f; a distance of 589. 88 feet ;
55. thence 5Un"33 ' 53"W a distance of 45;. 30 feet ;
56. thence 58 ' 31 ' 16"b a distance of 221 . 50 feet ;
57 . then,:c Nnd '116'07"P: a distance of 61 , 00 feet;
59. then..e %%Sb°54 ' 16"I, a distance of 163. 20 feet;
59. thence ;n0"33 ' ;3"1, N distance of 1°3. 30 feet;
60. thence };99';3' 5 "li a distance of 170. 122 feet ;
61 . thence 900"'06 '07"Ii a distance of 714 .73 feet ; .
62 . thence .171 1il '01"l. a distance of ,5.91) feet ;
63. thence S2t:"=" 47"W a distance of 55. '90 feet ;
64 . Ihenea <.00"06 '07"I, a distance of 160.00 feet;
65. thence S80°53' 33"h a distance of 60. 00 feet ;
66. thence A011°116 '07"W a distance of 4611.011 feet ;
67 . thence .N26°40 '01"W a distance of 55.90 feet ;
68. thence `1'6°27' 17"Ii a distance of 55.90 feet;
69. thence `.00"116' 07"W a distance of 711. 73 feet ;
70. thence 559°',3' 53"W a distance of 821 .06 feet ;
71 . thence 501°01 ' 13"W a distance of 428.97 feet ;
i
72. thence 543 '58`1%"h a distance of 42..43 feet ;
73. thence 501 '01 ' 13"1r a distance of 349. 71 feet;
.74 . thence 846'01 ' 1.3"W a distance of 42.43 feet ;
75. thence SUI '01 ' I "h a distance of 436.27 feet;
76. thence 589°`,3' 53"Y: a distance of 60. 01 feet;77. thence :501 °01 ' 13"F a distance of 1274 .96 feet ;
78. thence 1,89'53 ' '93"W a distance of 912. 12 feet ;
79. thence Snl " IS '00"I. a distance of 307. 30 feet to the
TRIM, 1'01':1 111 u I..Gl?CGISI;.
Described parcel containing 56.946 acres.
...aY1C'lRf.�1• ..,n..�.,.,... *.,.,��,w�. -- —.t.,�amarnxc�.sensaasnm_
: D ",-1t � at•t7Ueic'"ft"4an)tl 1t { iNlGc{51e+} t'
rr ,. 3 i f ti ''91i74441 !t I14r,,
,Y; lliltlil 11''1 r1jt�`�'.1'll.i 1 )It..1a a�'al� � J �� '1� ����'
t ' . . •
BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No . B-125 Date2-1A-77
APPLICATION OFpark Land Associates
ADDRESS % Doris McFenter, 3953 Fuller Conrt, Rnnider, en
Moved by Chuck Carlson that the following resolution be
introduced for passage by the Weld County Planning Commission :
Be it Resolved by the Weld County Planning Commission that the
Subdivision Plat preliminary plan
located on the following described property in Weld County ,
Colorado , to-wit :
- KNOW ALL MEN e>Y THESE pFZUENTS THAT 1
TKzuST. 6EIP4 . -rHe Okll4etz OP CEL1ZrAlt•I LAN
t7Escfztsst7 AS THE I1/44.0K 11-I I/2 co?' SFrT al
P.M., MORE PA1zTIcuLalzLY G1-fCFeiCsOOO AS
be recommendeaxxk ) (unfavorably ) to the Board of County
Commissioners for the following reasons :
The Planning Commission finds-that -the-applicant has not demonstrated to
the Commission's satisfaction its compliance with all design standards
contained in the Weld County Subdivision Regulations, Section 8, or with
the requirements of Section 5-4 of the Weld County Subdivision Regulatio
and the requirements of Section 30-28-133, CRS 1973, concerning water
supply, or With the requirements of Section 5-4 of the Weld County Sub-
division Regulations and Section 30-28-133, CRS 1973, concerning soil
erosion.
First, Section 8-12 of the Weld County Subdivision Regulations requires
that:
"Existing irrigation ditches shall he incorporated within the sub-
division plan in a manner such that their function in not impaired.
Motion seconded by Ben Nix
Vote : For Passagevercy Hiatt Against Passage Irma White
Chunk Carlson Harry Ashley
Marge Ynat
•
Ron Heitman
Bette Bountz
Ben Nix
The Chairman declared the motion passed and ordered that a certified
copy of this Resolution be forwarded with the file of this case to the
Board ofCounty Commissioners for further proceedings .
} • � 1 •
Park Land Associates
S-125
Resolution
February 15, 1977
Page 2
The ditches shall be protected from encroachment and may be
fenced in a manner acceptable to the ditch company.
The Planning Commission finds that the applicant has not clearly d:
strated that the function of the irrigation ditches will not be im
paired by the proposed subdivision. Evidence has been presented t.
soil erosion from inddequately irrigated lots soul.d cause siltatlo:
in the ditches. Concern was also expressed by a ditch company[ rep:
sentative about the adequacy of provisions for maintenance of the
company's ditch. The Planning Commission has received a letter,
dated Novebber 19, 1976, from yr. Melvin Dinner, Attorney for
- - . - the affected -ditches, stating that no-agreements-acceptable to the
ditch companies have been entered into.
Second, the water supply for any proposed subdivision must be suff
in terms of quantity, dependability, and quality as required by st
statutes and the Weld County Subdivision Regulations. To date, the
applicant has failed to: establish proof -that the water supply as p:
posed is sufficient in therms of quality. In addition, there are
unanswered questions pertaining to the proposed water association
and, therefore, the dependability of the water supply. Section
30-28-133, CRS 1973 requires:
No board of county commissioners shall approve any preliminar:
plan or' final plat for any' subdivision located within the
county unless the subdivider has provided the following mater.
as Part of the preliminary plan or final plat for any subdivi;
located within the county unless the subdivider has provided •
following materials as part of the preliminary plan or final
plat subdivision submission:
(a) Evidence to establish that definite provision has been
made for a water supply that is sufficient in eterms of
quantity, dependability and quality to provide an appro-
priate supply of water for the type of subdivision propose'
Section 5-4 of the Weld County Subdivision Regulations, requires t
"A Preliminary Plan shall be approved by the Planning Commiss:
unless it finds the Preliminary Plan fails to meet the require
ments specified herein or that the proposed preliminary plan :
detrimental to the public health, safety or general welfare a;
set forth in this section es follows:
(1) Health, Safety, and Welfare
Before approving the Preliminary Plan, the Planning Com-
• mission shall determine that the subdivision:
(a) Will be served by a public water system, or if. less
than ten lots, will have sufficient well venter avai:
able per lot, both physically and legally, for the
forseeable needs of the subdivision or development,
and will not cause an unreasonable depreciation of
an exisint water supply as evaluated by the State
Engineer. Evidence regarding water supply: quality
• (77.?
Park Land Associates
S-125
Preliminary Plan
Resolution
February 15, " 1977
Page 3
quantity, and dependability. Evidence may in-
clude: evidence of ownership or gight of
acquisition of or use of existing and proposed
water rights; historic use and estimated yield
of claimed water rights; amenability of existing
rights to a change in use; evidence that public
or private water owner.; can n-ne will supply
water to tho proposed subdivision statira the
anourzt of water available for use within the
subdivision and the fea ibilitY of e:ttending
service to that area; evidence concerning the
potability of the proposed water supply for
the subdivision.
The applicant has failed to provide evidence that their pro-
posed water supply system is adequateein terms of the quality
of the water. It a ammo from the Weld County Eealth Department
dated April 7, lt.17G, Mr. Gain Paul, Director of the Environmental
Health Services stated the following:
"re will net accept the Park Land Estates water sample
results as we cannot ascertain their origin as being from
the..Park Land states wells. If these were official
samples, the concentration of sulfates and chlorides are
somewhat higher than recommended for drinking water.
We cannot make a decision on the quality of the water at
the Park Land Estates wells until they are property con-
structed and we take an official sample for chemical
analysis. We recommend disapproval until a decision can
be Made."
The dependability of the water supply cdstera remains in doubt due
to the unanswered questions on the proposed water association poses
by the Division of Water Resources in a letter dated April 1, 1976.:
In a letter dated November 12, 1976, the Division of Water Resourc6
indicated Park Land Associates have not provided them with suffi-
cennt information so that their office can properly evaluate the
water association.
• Third, the applicant has failed to show, as required by State
Statute and the Weld County Subdivision Regulations, that the
subdivision as proposed will not cause unreasonable coil erosion
or reduction in the capacity of the laud to hold water cc that
..a. dangeraeu or unhealthy condition will not result. Section
30-28-133 (6), CRS 1973 requires:
•
•
• c
Park Land Associates
• . S-125
Preliminary Plan
Resolution
February 15, 1977
Page 4
"No board of county commissioners shall approve the
preliminary plan or final plat for any subdivision
located within the county unless the subdivider has
provided the following materials an part of the pre-
liminary plan or final plat subdivision submission:
(c) Evidence to show that all areas of the proposed
subdvision which nay involve soil or topographical
conditions presenting hannards or requiring special
preeautions have been idtintified by thn subdivider
and that the proposed urns of those; areas arc co!1-
patible with such conditions.
Section 5-4 of the Weld County Subdivthcion Regulations •
requires that:
"A Preliminary Plan shall be approved by the Planning
Commission unless it finds that the Preliminary Plan
fails to meettce requiuement:; specified herein or
that the proposed Preliminary Plan is detrimental to
the public health, safety or. general welfare as set
forth in this section as follows:
(1) Health, 8aCety and Welfare.
Before approving the Preliminary Plan, the Planning
Connliselon shall determine that the subdivision:
(e) Will not •cause-unreasonahle soil erosion or re-
• dnction in the capacity of the land to hold
water so that a dangerous or unheatth* condition
may result.
The Colorado Division of `.water Resources, in a letter dated
July 9, 1975, indicated the "four wells have an appropriation. of
approximately SO acre feet per year which ecould be sufficient fox
the 92 lots if lawn irrigation does not exceed approximately 10,05
square feet per not:'. The applicant has incorporated this limit-
ation into the restrictive covenants for the proposed subdivision.
The same restrictive covenants allow each lot owner three animals
of 80 pounds or more. In a letter dated .larch 17, 1 :73, the Soil
Conservation Service expressed concern that the combination of
the limitation on the use of water for lawn irrigation, the pro-
posed number of animals per lot, the existing soils, tnd the
climate of the area could rc;ult in significant *.wine: and water
erosion.
•3 • & s
•
• CERTIFICATION OF COPY
Pat Rymer
I, , 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
February 15, 1977 V
, and recorded in Book No. , Page No. ...... ..........., of the
proceedings of said Planning Commission.
18th February 77
Dated this .......: ::..... day of
j _ Cri) rre
Recording cretary, Wel CrunYy Planning Commission
•
P •
• / n •
_ 7 _ 0171 ��
,A9 Apt
$ ono
•
FINDINGS AND RESOLUTION
CONCERNING PARK LAND ASSOCIATES
SUBDIVISION PLAT
The Petition of Park Land Associates, requesting approval, execution
and recordation of a subdivision plat of the North Half of Section 8, Township
1 North, Range 68 West of the 6th P. M . , Weld County, Colorado, designated
as (Park Land Estates) hereinafter referred to as the (Plat), came on for
hearing on February 11, 1976, and the Board of County Commissioners of
the County of Weld, State of Colorado, having heard the testimony and evidence
adduced at said hearing and having considered the testimony, evidence and
recommendations of the Weld County Planning Commission filed with said
Board, and having carefully weighed the same, now makes the following
findings:
1 . The evidence and testimony disclosed that the applicant failed to
sustain the burden of proof as to the need for a subdivision of this nature and
size in a rural and remote area of the County;
2. That said plat encompasses land located within an area surrounded
by land which is zoned "A" Agricultural and favorable consideration would have
an undue adverse effect on existing agricultural uses adjoining and adjacent to
the proposed subdivision;
3. The evidence and testimony show that the inhabitants of the im-
mediate vicinity of the area proposed to be subdivided are predominately
opposed to the subdivision;
4. The evidence and testimony show that said subdivision would create
an undue burden on existing fire and police protection services;
5. The evidence and investigation show that the proposed subdivision
is within the boundaries of the comprehensive plan of the Town of Erie, Weld
County, Colorado, and that the Town of Erie, by Resolution dated March 15,
1976, opposes the approval of the Park Land Estates final plat.
6. The evidence and investigation show that definite provision for a
water supply that is sufficient in terms of quantity, quality and dependability
has not been made by the subdivider as required by C. R. S. 1973, 30-28-133
(b) (a) (c) as amended;
Further, the Board makes the following additional findings:
7. Investigation of subject property reveals that the area is underlaid
with substantial mineral deposits, primarily of coal, and that the granting of
Park Land Estates final plat will remove the feasibility of extraction of a
commercial mineral resource which lies under the ground upon which Park
Land Estates Subdivision is proposed, in violation of C. R. S. 1973, 34-1 -305 (1);
8. Applicant has not complied with condition /12 of the Resolution
passed by the Board of County Commissioners June 30, 1974; granting
change of zone to "E" Estate District, Planned Unit Development. This con-
dition requires "all applicable subdivision regulations and zoning regulations
shall be followed and complied with in accordance with the zoning resolutions
of Weld County, Colorado. "
9. Subject plat reflects a proposed air park and said air park is not
a permitted use in an "E" Estates Zone. No special use permit has been
• •
applied for or granted for the placement of said air park.
10. No acceptable agreements with the appropriate ditch companies
and applicant have been entered into as required by Weld County Subdivision
Regulations, Section 8-12 and Section 6-2-1.
11 . No preliminary plan for Park Land Estates has been approved by
the Planning Commission or the Board of County Commissioners as required
by Section 5-3-D or Section 5-4-E and F of the Weld County Subdivision
Regulations.
12. No development plan for Park Land Estates has been approved by
the County Planning Commission or the Weld County Board of County Com-
missioners as required by the Weld County Zoning Regulations Section 6. 6-4.
13. 'That each of the preceding findings in and of themselves and
independent of each other constitutes a separate and individual ground for
denial of the plat.
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of
Weld, State of Colorado, has heard the petition of Park Land Associates,
requesting approval, execution and recordation of a subdivision plat of a parcel
of land as hereinabove recited and made a part hereof by reference, and
WHEREAS, said Board has made its findings on the evidence and
testimony submitted to it, which findings precede this resolution and by
reference are incorporated herein and made a part hereof, and
WIIEREAS, the said Board has carefully considered the final plat,
evidence and testimony and the recommendations of the Weld County Plan-
ning Commission and has given the same such weight as it in its discretion
deems proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the petition of Park Land
Associates, requesting approval, execution and recordation of a subdivision
plat of a parcel of land indicated above he, and it hereby is denied on each of
the grounds set forth in the Board's findings therein.
Made and entered this 19 day of May, A. D. , 1976.
BOARD OF COUNTY COMMISSIONERS
ATTEST: f UNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board ! /
Deputy Cot my Clerk 1, C e_i_/ 1 .x / i ,v
( APPR/VEI) AS TO FORM:•
)/ , 2
Special Legal Counsel j
-2-
• c
RESOLUTION
RE: GRANT OF CHANGE OF ZONE FROM E (ESTATE) TO A (AGRICULTURAL)
FOR LAND LOCATED IN THE NORTH HALF OF SECTION 8 , TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO,
OWNED BY PARK LAND ASSOCIATES (A TRUST) 3953 FULLER COURT,
BOULDER, COLORADO 80303.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 13th day of April, 1977 ,
at the hour of 2 : 00 o' clock p.m. , for the purpose of hearing the
application of Park Land Associates for rezoning from E-Estate
District to A-Agricultural District, the following described
real estate, to-wit:
SEE EXHIBIT "A" ATTACHED
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the change of
zone, and evidence was presented in opposition to the change of
zone upon the aforementioned tract of land, and
WHEREAS, Section 8. 3 of the Weld County Zoning Resolution
authorizes the Board of County Commissioners to grant a change
of zone upon the showing by the petitioner of certain facts , and
WHEREAS, the Board of County Commissioners of Weld County
heard all the testimony and statements of those present, has
studied the request of the petitioner and the recommendations of
the Weld County Planning Commission and all of the exhibits and
evidence presented in this matter, and having been fully informed
and satisfied that the request for rezoning complies with the
conditions set out in Section 8. 3 of the Weld County Zoning Res-
olution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the petition of Park Land
Associates (A Trust) 3953 Fuller Court, Boulder, Colorado 80303 ,
' for a change of zone from E-Estate District to A-Agricultural
District on the tract of land as set forth on Exhibit "A" which
s "
/:
f�`
is attached hereto and incorporated herein by reference at this
point, be, and hereby is granted.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 25th day
of April, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 11th day of May, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORA O
I /(am'
1/4
ATTEST: "^";-re✓.4,^,2
Weld County Clerk and Recorder
and` Clerk to the p d
B/ /Deputy Cou t erk
APPRO D AS TO FORM:
County Attorn y
•
r
• EXHIBIT "A" •
Part of the North 1 of Section 8 , Township 1 North , Range 68 West o
6th P. I4. described as follows :
Beginning at the Northwest corner of said Section 8 ; thence S1 °15 ' 01
along the West line of said Section 8 a distance of 546 . 57 feet ; the
N89 °54 ' 40"E a distance of 50 . 01 feet to a point on the East right -o:
- of County Road No . 3 and TRUE POINT OF BEGINNING .
1 . thence N89 °54 ' 40"E a distance of 2252 . 26 feet ; cKirY
2 . thence N00 °05 ' 20"W a distance of 411 . 59 feet ; SENI'd7.)
3 . thence N33°29 ' 59"E a distance of 60 . 67 feet R E C EIV:-D
4 . thence N45 °27 ' 04"E a distance of 48 . 97 feet ;
5 . thence N89°54 ' 40"E a distance of 366 . 78 feet to a point%of nonta
gency on a curve to the left , whence the radius point of said cu
bears S27°35 ' 30"E a distance of 65 . 00 feet ;
6 . thence along said curve to the left a distance of 232 . 04 feet th
a central angle of 204 °32 ' 26" ; •
7. thence SOO° 06 ' 07"E a distance of 452 . 34 feet ;
8 . thence N89°52 '13"E a distance 'of 952 . 58 feet ;
9 . thence N00 °07 ' 47"W a distance of 73 . 51 feet ;
10 . thenceS41 °58 ' 09"E a distance of 44 . 97 feet ;
11 . thence N42 °44 ' 50"E a distance of 44 . 09 feet ;
12 . thence SOO°07 ' 47"E a distance of 72 . 31 feet ;
13 . thence N89°52 ' 13"E a distance of 750 . 00 feet ;
14 . thence N00 °07 ' 47"W a distance of 74 . 80 feet ;
15 . , thence 540 °53 ' 50"E a distance of 45 . 94 feet ;
16 . thence N38 °23 ' 07"E a distance of 48 . 18 feet ;
17 . thence S00°07 ' 47"E a distance of 77 . 69 feet ;
18 . thence N89 °52 ' 13"E a distance of 785 . 00 feet ;
19 . thence S01 °07 ' 07"W a distance of 1264 . 31 feet ;
20 . thence S89°53' 53"W a distance of 60 . 01 feet ;
21 . thence N01 °07 ' 07"E a distance of 1009 . 94 feet ;
22 . thence S89°53 ' 53"W a distance of 567 . 44 feet ;
23 . thence S00 °55 ' 18"W a distance of 422 . 93 feet ;
24 . thence 589°53 ' 03"W a distance of 242 . 16 feet ;
25 . thence S00°06 ' 07"E a distance of 271. 79 feet ;
26 . thence 526°40 ' 01"E a distance of 55 . 90 feet ;
27 . thence S26° 27 ' 47"W a distance of 5.5 . 90 feet ;
28 . thence S00°06 ' 07"E. a distance of 480 . 00 feet ;
29 . thence SS9°5 .3 ' 53"Iti' a distance of 60 . 00 feet ;
- 30 . thence N00 °0107"N a distance of 480 . 00`feet ;
' 31 . thence N26°40 ' 01"W a distance of 55 . 90 feet ;
32 . thence N26°27 '-47"E a distance of 55 . 90 feet ;
33 . thence N00 °06 ' 07"W a distance of 187 . 05 feet ;
34 . thence N44° 00 ' 15"W a distance of 84 . 04 feet ; eL
35 . thence N0°55 ' 18"E a distance of 295 . 63 feet ; SEP 1.
RECE.11 -.,�
36 . thence N24 ° 20 ' 52"W a distance of 100 . 60 feet ; )
37 . thence N43°07 ' 10"W a distance of 81. 78 feet ;
38 . thence 589°53 ' 53"W a distance of 684 . 89 feet ;
39 . thence S00°06 ' 07"E a distance of 423 . 14 feet ;
40 . thence N89°53 ' 03"E a distance of 145 . 15 feet ;
41 . thence S00°31 ' 40"W a distance of 420 . 00 feet ;
42 . thence 589°53 ' 03"W a distance of 140 . 50 feet ;
43 . thence N00°.06 ' 07"W a distance of 60 . 00 feet ;
44 . thence N89°53 ' 03"E a distance of 81 . 18 feet ;
45 . thence N00°31 ' 40"E a distance of 300 . 00 feet ;
46 . thence S89°53 ' 03"W a distance of 84 . 47 feet ;
47 . thence S00°06 ' 07"E a distance of 791 . 58 feet ;
48. thence S89°53 ' 53"W a distance of 60 . 00 feet ;
49 . thence N00°06 ' 07"W a distance of 1274 . 72 feet ; •
. 50 . thence 589°53 ' 53"W a distance of 770 . 00 feet ;
51 . thence S00°06 ' 07"E a distance of 1274 . 72 feet;
" 52 . 'thence S89 °53 ' 53"W a distance of 100 . 00 feet ; '
53 . thence N00 °06 ' 07"1V a distance of 1274 . 72 feet ;
54 . thence SS9°53 ' 53"t1' a distance of 589 . 88 feet ;
55 . thence S00°33 ' 53"IV a distance of 483 . 30 feet ;
56 . thence SS9 °54 ' 16"W a distance of 224 . 50 feet ;
57 . thence N00 °06 ' 07"lV a distance of 60 . 00 feet ;
58 . thence N89°54 ' 16"E a distance of 165 . 20 feet ;
59 . thence N00 °33 ' 53"E a distance of 423 . 30 feet ;
60 . thence SS9°53 ' 53"W a distance of 170 . 12 feet ;
61 . thence S00°06 ' 07"E a distance of 714 . 73 feet ;
62 . thence S26°40 ' 01 "E a distance of 55 . 90 feet ;
63 . thence S26 ° 27 ' 47"IV a distance of 55 .90 feet ;
64 . thence S00°06 ' 07"li a distance of 460 . 00 feet ;
65 . thence 5S9°53 ' 53"W a distance of 60 . 00 feet ;
66. thence N00°06 ' 07"tV a distance of 460 . 00 feet ;
67 . thence N26°40 ' 01"W a distance of 55 . 90 feet ;
68 . thence N26 °27 ' 47"13 a distance of 55 . 90 feet ;
69 . thence N00°06 07"W a distance of 714 . 73 feet ;
70 . thence S89°53 53"W a distance of 824 . 06 feet ;
71 . thence S01 °01 13"W a distance of 428 . 97 feet ;
72 . thence S43 °58 ' 47"E a distance of 42 . 43 feet ;
/11
73 . thence SO1°01 ' 13"W a distance of 349 . 71 feet ; A' SEP1u7,,
74 . thence S46°01 13"W a distance of 42 . 43 feet ; ` R E C EIVHD
75 . thence S01°01 ' 13"W .a distance of 436 . 27 feet ; o' "^ c :a •
76 . thence S89° 53 53"W a distance of 60 . 01 feet
77 . thence N01°01 ' 13"E a distance of 1274 . 96 feet ;
78 . thence 589°53 ' 53"W a distance of 912 . 12 feet ;
79 . thence N01°15 ' 00"E a distance of 307 . 30 feet to the
TRUE POINT OF BEGINNING.
Described parcel containing 56 . 946 acres .
RESOLUTION
RE: APPROVAL OF SPECIAL USE PERMIT FOR AN AIRPORT ON LAND
LOCATED IN THE NORTH HALF OF SECTION 8 , TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6TH P .M. , WELD COUNTY,
COLORADO, OWNED BY PARK LAND ASSOCIATES (A TRUST) 3953
FULLER COURT, BOULDER, COLORADO 80303.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 13th day of April, 1977,
at the hour of 2 : 00 o' clock p.m. , for the purpose of hearing the
application of Park Land Associates for the granting of a Special
Use Permit for an airport on the following described real estate,
to-wit:
SEE EXHIBIT "A" ATTACHED
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the grant of
the Special Use Permit for an airport on the above described
real estate, and evidence was presented in opposition to the
grant of a Special Use Permit for an Airport on the aforemen-
tioned tract of land, and
WHEREAS , Section 3. 3.E. 4.a. authorizes such a use in an
Agricultural District on the grant of a Special Use Permit by
the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Weld
County, heard all the testimony and statements of those pre-
sent, has studied the request of the petitioner and the recom-
mendations of the Weld County Planning Commission and all of
the exhibits and evidence presented in this matter, and having
been fully informed and satisfied that the request for a
Special Use Permit for an airport on the hereinabove des-
cribed real estate, complies with all of the conditions as
LL .
•
a
set out in Section 3. 3 .E. 4 .a. of the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the petition of Park
Land Associates (A Trust) , 3953 Fuller Court, Boulder, Colorado
80303 , for granting of a Special Use Permit for an airport on the
tract of land set forth in Exhibit "A" which is attached hereto
and incorporated herein by reference at this point, be, and hereby
is granted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
April, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the llthday of May, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WFjtp COUNTY, COLO O
WO
y-
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Bo
By-/
Deputy County Clerk
I
APPR ED AS TOE FORM:
16711 6— �1�L�La(
County Attorney
• EXHIBIT "A" •
Part of the North ! of Section 8 , Township 1 North , Range 68 West of
6th P .M. described as follows :
Beginning at the Northwest corner of said Section 8 ; thence S1 °15 ' 00"
along the West line of said Section 8 a distance of 546 . 57 feet ; then
_ N89°54 ' 40"E a distance of 50 . 01 feet to a point on the East right-of-
of County Road No . 3 and TRUE POINT OP BEGINNING .
ZP/( ' 5
1 . thence N89°54 ' 40"E a distance of 2252 . 26 feet ; �?�
2 . thence N00 °05 ' 20"W a distance of 411 . 59 feet ; SEPI'�7.
R RECEIVLD
3 . thence N33° 29 ' 59"E a distance of 60 . 67 feet ;
4 . thence N45°27 ' 04"E a distance of 48 . 97 feet ;
5 . thence N89°54 ' 40"E a distance of 366 . 78 feet to a point of nontan
gency on a curve to the left , whence the radius point of said cur
bears 527°35 ' 30"E a distance of 65 . 00 feet ;
6 . thence along said curve to the left a distance of 232 . 04 feet . thr
a central angle of 204°32 ' 26" ;
7. thence S00°06 ' 07"E a distance of 452 . 34 feet ;
8 . thence N89°52 ' 13"E a distance of 952 . 58 feet ;
9 . thence N00 °07 ' 47"W a distance of 73 . 51 feet ;
10 . thence 541° 58 ' 09"E a distance of 44 . 97 feet ;
11 . thence N42°44 ' 50"E a distance of 44 . 09 feet ;
12 . thence SOO°07 ' 47"E a distance of 72 . 31 feet ;
13 thence N89°52 ' 13"E a distance of 750 . 00 feet ;
14'. thence N00°07 ' 47"W a distance of 74 . 80 feet ;
15 . thence S40°53 ' 50"E a distance of 45 . 94 feet ;
16 . thence N38°23 ' 07"E a distance of 48 . 18 feet ;
17 . thence SOO°07 ' 47"E a distance of 77 . 69 feet ;
18 . thence N89°52 ' 13"E a distance of 785 . 00 feet ;
19 . thence S01°07 ' 07"W a distance of 1264 . 31 feet ;
20 . thence 589° 53 ' 53"W a distance of 60 . 01 feet ;
21 . thence N01°07 ' 07"E a distance of 1009 . 94 feet ;
22 . thence S89° 53 ' 53"W a distance of 567 . 44 feet ;
23 . thence S00 °55 18"W a distance of 422 . 93 feet ;
24 . thence S89°53 03"W a distance of 242 . 16 feet ;
25 . thence S00°06 07"E a distance of 271 . 79 feet ; •
26 . thence S26°40 01"E a distance of 55 . 90 feet ;
27 . thence S26° 27 ' 47"W a distance of 55 . 90 feet ;
• m
28 . thence SO,0°0.6 ' 07;E a distance of 480 . 00 feet ;
29 . thence S89°53 ' 3"W a distance of 60 . 00 feet ;
• 30 . thence N00°0610P"W a distance of 480 . 00 met ;
31 . thence N2G°40 ' 01"W a distance of 55 . 90 feet ;
32 . thence N26°27 ' 47"E a distance of 55 . 90 feet ;
33 . thence N00°06 ' 07"W a distance of 187 . 05 feet ;
34 . thence N44°00 ' 15"W a distance of 84 . 04 feet ; � �
35 . thence N0°55 ' 18"E a distance of 295 . 63 feet ; �� SMI.
R RECEI U
36 . thence N24 °20 ' 52"W a distance of 100 . 60 feet ; , .;
: l
37 . thence N43°07 ' 10"W a distance of 81. 78 feet ;
38 . thence S89° 53 ' 53"W a distance of 684 . 89 feet ;
39 . thence S00°06 ' 07"E a distance of 423 . 14 feet ;
40 . thence N89°53 ' 03"E a distance of 145 . 15 feet ;
41 . thence SOO°31 ' 40"W a distance of 420 . 00 feet ;
42 . thence S89°53 ' 03"W a distance of 140 . 50 feet ;
43 . thence N00°06 ' 07"W a distance of 60 . 00 feet ;
44 . thence N89°53 ' 03"E a distance of 81 . 18 feet ;
45 . thence N00°31 ' 40"E a distance of 300 . 00 feet ;
46 . thence S89°53 ' 03"W a distance of 84 . 47 feet ;
47 . thence S00°06 ' 07"E a distance of 791 . 58 feet ;
48. thence S89°53 ' 53"W a distance of 60 . 00 feet ;
49. thence NOO°06 ' 07"W a distance of 1274 . 72 feet ;
50 . thence S89°53 ' 53"W a distance of 770 . 00 feet ;
51 . thence S00°06 ' 07"E a distance of 1274 . 72 feet ;
52 . 'thence S89°53 ' 53"W .a distance of 100 . 00 feet ; '
53 . thence N00°06 ' 07"W a distance of 1274 . 72 feet ;
54 . thence 589°53 ' 53"W a distance of 589 . 88 feet ;
55 . thence S00°33 ' 53"W a distance of 483 . 30 feet ;
56 . thence 589°54 ' 16"W a distance of 224 . 50 feet ;
57 . thence N00°06 ' 07"h' a distance of 60 . 00 feet ;
58 . thence N89°54 ' 16"E a distance of 165 . 20 feet ;
59 . thence NOO°33 ' 53"E a distance of 423 . 30 feet ;
60 . thence S89°53 ' 53"W a distance of 170 . 12 feet ;
61 . thence S00°06 ' 07"E a distance of 714 . 73 feet ;
62 . thence S26°40 ' 01"E a distance of 55 . 90 feet ;
63 . thence S26°27 ' 47"W a distance of 55 _90 feet ; .
64 . thence S00°06 ' 07"E a distance of 460 . 00 feet ;
65 . thence S89° 53 ' 53"W a distance of 60 . 00 feet ;
66 . thence NOO°06 ' 07"W a distance of 460 . 00 feet ;
• •
' 67 . thence N26°40 ' 01"W a distance of 55 . 90 feet ;
68 . thence N26°27 ' 47"E a distance of 55 . 90 feet ;
69 . thence N00°06 ' 07"W a distance of 714 . 73 feet ;
70 . thence 589°53 ' 53"W a distance of 824 . 06 feet ;
71 . thence S01°01 ' 13"W a distance of 428 . 97 feet ;
72 . thence S43 °58 ' 47"E a distance of 42 . 43 feet ; `` '-
73 . thence 501'01 ' 13"Wa distance of 349 . 71 feet ; ' ;
SEP lU/,,
74 . thence S46°01 ' 13"W a distance of 42 . 43 feet ; R EC EIVHD
N'i Ii "r
75 . thence S01°01 ' 13"W .a distance of 436 . 27 feet ; P''-','1 C.,.-:stion
76 . thence 589°53 ' 53"W a distance of 60 . 01 feet ; ``ri/ , ';`,
77. thence N01°01 ' 13"E a distance of 1274 . 96 feet ;
78 . thence 589°53 ' 53"W a distance of 912 . 12 feet ;
79 . thence N01°15 ' 00"E a distance of 307 . 30 feet to the
TRUE POINT OF BEGINNING .
Described parcel containing 56 . 946 acres.
•
RESOLUTION
RE: APPROVAL OF AGRICULTURAL UNIT DEVELOPMENT PLAN FOR LAND
LOCATED IN THE NORTH HALF OF SECTION 8 , TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO,
OWNED BY PARK LAND ASSOCIATES (A TRUST) 3953 FULLER COURT,
BOULDER, COLORADO, 80303.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 13th day of April, 1977,
at the hour of 2 :00 o 'clock p.m. , for the purpose of hearing the
application of Park Land Associates for approval of an Agricultural
Unit Development Plan on the following described real estate, to-
wit:
SEE EXHIBIT "A" ATTACHED
WHEREAS, the petitioner was present, and
WHEREAS , evidence was presented in support of the approval
of the Agricultural Unit Development Plan and evidence was presented
in opposition to the approval of the Agricultural Unit Development
Plan upon the aforementioned tract of land, and
WHEREAS, Section 6. 6 of the Weld County Zoning Resolution
authorizes the Board of County Commissioners to grant approval
to an Agricultural Unit Development Plan upon a showing by the
Petitioner of compliance with all of the requirements of Section
6. 6 of the Weld County Zoning Resolution, and
WHEREAS , the Board of County Commissioners of Weld County,
heard all the testimony and statements of those present, has
studied the request of the petitioner and the recommendations
of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter, and having been fully in-
formed and satisfied that the request for approval of the ap-
plication for an Agricultural Unit Development Plan complies with
all of the conditions set out in Section 6. 6 of the Weld County
Zoning Resolution.
•
i I .
Il Ill
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the petition of Park'
Land Associates (A Trust) , 3953 Fuller Court, Boulder, Colorado
80303, for approval of an Agricultural Unit Development Plan on
the tract of land set forth in Exhibit "A" which is attached
hereto and incorporated herein by reference at this point, be and
hereby is granted, subject to the Development Standards in the
Agricultural Unit Development Plan.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 25th day of
April, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 11th day of May, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
n COUNTY, COLORA / _`
77
�Sv� tee'%Z
f
& Ale
ATTEST: % r ' ' C„,,„_1 zi4`C.^.CJ :ira
V
Weld County Clerk and Recorder
and clerk to the Bpa
`___ deputy Count'"Clerk
(15F/ROV,Z6 AS TO FORM:__
County Attorney
• EXHIBIT "Ah •
Part of the North- 1 of Section 8 , Township 1 North , Range 68 West of t
6th P. M. described as follows :
Beginning at the Northwest corner of said Section 8 ; thence S1°15 ' 00"P
along the West line of said Section 8 a distance of 546 . 57 feet ; thenc
_ N89°54 ' 40"E a distance of 50 . 01 feet to a point on the East right -of-i,
of County Road No . 3 and TRUE POINT OF BEGINNING.
1 . thence N89°54 ' 40"E a distance of 2252 . 26 feet;
2 . thence N00 °05 ' 20"W a distance of 411 . 59 feet ; SEP1U7o '\
RECEIVED
3 . thence N33°29 ' 59"E a distance of 60 . 67 feet ;
4 . thence N45°27 ' 04"E a distance of 48 . 97 feet ;
5 . thence N89°54 ' 40"E a distance of 366 . 78 feet to a point-Of nontan-
gency on a curve to the left , whence the radius point of said cury
bears 527°35 ' 30"E a distance of 65 . 00 feet ;
6 . thence along said curve to the left a distance of 232 . 04 feet thro
a central angle of 204°32 ' 26" ;
7. thence S00°06 ' 07"E a distance of 452 . 34 feet ;
8 . thence N89°52 ' 13"E a distance of 952 . 58 feet ;
9 . thence N00 °07 ' 47"W a distance of 73 . 51 feet ;
10 . thence S41°58 ' 09"E a distance of 44 . 97 feet ;
11 . thence N42°44 ' 50"E a distance of 44 . 09 feet ;
12 . thence S00°07 ' 47"E a distance of 72 . 31 feet ;
13 . thence N89°52 ' 13"E a distance of 750 . 00 feet ;
14 . thence N00 °07 ' 47"W a distance of 74 . 80 feet ;
15 . thence 540°53 ' S0"E a distance of 45 . 94 feet;
16 . thence N38°23 ' 07"E a distance of 4S . 18 feet ;
17 . thence S00°07 ' 47"E a distance of 7, . 69 feet ;
18 . thence N89°52 13"E a distance of 735 . 00 feet ;
19 . thence S01°07 07"W a distance of 1264 . 31 feet ;
20 . thence S89° 53 53"W a distance of 60 . 01 feet ;
21 . thence N01°07 07"E a distance of 1009 . 94 feet ;
22 . thence S89°53 53"W a distance of 5&7 . 44 feet ;
23 . thence S00 °55 18"W a distance of 4.2 . 93 feet ;
24 . thence S89'53 03"W a distance of 242 . 16 feet ;
25 . thence 500°06 ' 07"fl a distance of 271 . 79 feet ;
26 . thence 526°40 ' 01"IE a distance of 55 _ 90 feet ;
27 . thence S26° 27 ' 47"W a distance of 55.. 90 feet ; .
28 . thence S00°06 ' 07"fl a distance of 48.1 . 00 feet ;
29 . thence 589°53 ' 53"W a distance of 60 . 00 Sect ;
'30 . thence N00°06 '."W a distance of 480 . 001 ;
31 . thence N26°40 ' 01"W a distance of 55 . 90 feet ;
32 . thence N26° 27 ' 47"E a . distance • of 55 . 90 feet ;
33 . thence .N00°06 ' 07"W a distance of 187 . 05 feet ;
34 . thence N44 00 15 W a distance of 84 . 04 feet ; AL
\o
35 . thence N0°55 ' 18"E a distance of 295 . 63 feet ; SENI:,I.
RECEIV;_J
36 . thence N24 °20 ' 52"W a distance of 100 . 60 feet ; „ ; ;;;
37 . thence N43°07 ' 10"W a distance of 81. 78 feet ;
\,CI ri o•:\-
38 . thence 589°53 ' 53"W a distance of 684 . 89 feet ; •
39 . thence S00°06 ' 07"E a distance of 4.23 . 14 feet ;
40 . thence N89°53 ' 03"E a distance of 145 . 15 feet ;
41 . thence S00°31 ' 40"19 a distance of 420 . 00 feet ;
42 . thence S89° 53 ' 03"W a distance of 140 . 50 feet ;
43., thence N00°06 ' 07"W a distance of 60 . 00 feet ;
44 . thence N89° 53 ' 03"E. a distance of 81 .18 feet ;
45 . thence N00°31140"E a distance of 300 . 00 feet ;
46 . thence S89°53 ' 03"W a distance of 84 . 47 feet ;
47 . thence S00°06 ' 07"E a distance of 791 . 58 feet ;
48. thence S89°53 ' 53"W a distance of 60 . 00 feet ;
49 . thence N00°06 ' 07"W a distance of 1274 . 72 feet ;
. 50 . . thence S89° 53 ' 53"W a distance of 770 . 00 feet ;
51 . :thence S00°06 ' 07"E a distance of 1274 . 72 feet ;
52 . : thence S89°53 ' 53"W a distance of 100 . 00 feet ; '
53 . thence N00 °06 ' 07"W a distance of 1274 . 72 feet ;
54 . thence 589° 53 ' 53"W a distance of 589 . 88 feet ;
55 . thence S00°33 ' 53"W a distance of 483 . 30 feet ;
56 . thence 589 °54 ' 16"W a distance of 224 . 50 feet ;
57 . thence N00 °06 ' 07"W a distance of 60 . 00 feet ;
58 . thence N89 °54 ' 16"E a distance of 165 . 20 feet ;
59 . thence N00 °33 ' 53"E a distance of 423. 30 feet ;
60 . thence S89° 53153'11)/ a distance of 170 . 12 feet ;
61 . thence S00°06 ' 07"E a distance of 714 . 73 feet ;
62 . thence S26°40 ' 01"E a distance of 55 . 90 feet ;
63 . .? thence 526°27 ' 47"W a distance of 55 . 90 feet ;
64 . thence S00°06 ' 07 'E a distance of 460 . 00 feet ;
65 . thence 589° 53 ' 53"W a distance of 60 . 00 feet ;
66 . thence N00°06 ' 07"W a distance of 460 . 00 feet ;
67 . thence N26°40 1"lV a distance of 55 . 90 feet ;
68 . thence N26°27 ' 47"E a distance of 55 . 90 feet ;
69 . thence N00°06 ' 07"W a distance of 714 . 73 feet ;
70 . thence 589°53 ' 53"W a distance of 824 . 06 feet ;
71 . thence SO1°01 ' 13"W a distance of 428 . 97 feet ;
72 . thence 543°58 ' 47"E a distance of 42 . 43 feet ;
73. thence SO1°01 ' 13"N a distance of 349 . 71 feet ; ` SEPl. 7o
74 . thence S46°01 ' 13"W a distance of 42 . 43 feet ; RECEI %!_D
75 . thence S01°01 ' 13"W .a distance of 436 . 27 feet ; ,. PP,-:'-. C.-',,Is (no
76 . thence S89°53 ' 53"W a distance of 60 . 01 feet ;
77. thence N01°01 ' 13"E a distance of 1274 . 96 feet ; .
78 . thence S89°53 ' 53"N a distance of 912 . 12 feet ;
79 . thence N01°15 ' 00"E a distance of 307 . 30 feet to the
TRUE POINT OF BEGINNING.
Described parcel containing 56 . 946 acres .
• •
RESOLUTION
RE: APPROVAL OF ESTATE UNIT DEVELOPMENT PLAN FOR LAND LOCATED
IN THE NORTH HALF OF SECTION 8 , TOWNSHIP 1 NORTH, RANGE
68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, OWNED BY
PARK LAND ASSOCIATES (A TRUST) 3953 FULLER COURT, BOULDER,
COLORADO 80303.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 13th day of April, 1977,
at the hour of 2 :00 o' clock P.M. , for the purpose of hearing the
application of Park Land Associates for approval of an Estate Unit
Development Plan on the following described real estate, to-wit:
See "EXHIBIT A" attached
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the approval
of the Estate Unit Development Plan and evidence was presented in
opposition to the approval of the Estate Unit Development Plan up-
on the aforementioned tract of land, and
WHEREAS , Section 6 . 6 of the Weld County Zoning Resolution
authorizes the Board of County Commissioners to grant approval
to an Estate Unit Development Plan upon a showing by the Petitioner
of compliance with all of the requirements of Section 6 . 6 of the
Weld County Zoning Resolution, and
WHEREAS, the Board of County Commissioners of Weld County,
heard all the testimony and statements of those present, has
studied the request of the petition and the recommendations of
the Weld County Planning Commission and all of the exhibits and
evidence presented in this matter, and having been fully informed
and satisfied that the request for approval of the application
for an Estate Unit Development Plan complies with the conditions
set out in Section 6. 6 of the Weld County Zoning Resolution.
R;. , ,. Z
L;"
• •
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the petition of
Park Land Associates (A Trust) , 3953 Fuller Court, Boulder,
Colorado 80303 , for approval of an Estate Unit Development Plan
on the tract of land set forth in "Exhibit A" which is attached
hereto and incorporated herein by reference at this point, be,
and hereby is granted, subject to the development standards as
shown on the Estate Unit Development Plan, and subject to the
condition that the grazing of animals on individual tracts or
lots shall be managed in such a manner as to insure that adequate
ground cover is maintained, and that the grazing does not cause
soil erosion or a reduction in the capacity of the land to hold
water so that a dangerous or unhealthy condition results .
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 25th day
of April, A.D. , 1977. .
The above and foregoing Resolution was read into the record
and signed on the 11th day of May, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
Y//7if 2
1y� . h
gel
ATTEST: jj
Weld County Clerk and Recorder
and Clerk to the Board
By: e
Deputy County C rk
APPR VED AS TO FORM:
County Attorney
r�' 4i 1,�'1/ �'v I 1 I ll r. rt \ ., r f• }r 1 dM�I F ti.) f 1 7°f ¢Plh� ' tl' 4 r I !Y�t t
•
.> > 1q 1at rdo 1� f :.�
mT""JF7.Tl amWx LCR'l'fX AL.I 4r:laP.J'Y.r. 'IDC ^"ITfS P�1aT Lit 1G]C.L..i:1WJz 17..�1� 4+T
LEGAL DESCRIPTION OF PARKLAND ESTATES
ESTATE-UNIT DEVELOPMENT
EXHIBIT "A"
The North 1/2 of Section 8, Township 1 North, Range 68 West of the
•
Sixth Principal Meridian, more particularly described as follows:
Beginning at the W. 1/4 corner of said Section 8, thence
1) N 01°15'00" E, 2674.10 feet to the N.W. Sec. corner; thence
2) N 89°54'40" I;, 2754.79 feet to the N. 1/4 corner; thence
3) N 89°52'13" E, 2721.62 feet to the N,E. Sec. corner, thence
4) S 01°07'07" IV, 2674.66 feet to the E. 1/4 corner; thence
5) S 89°53'53" It, 5482.53 feet to the Point of Beginning containing
in all 336.27 gross acres.
Except the following described parcel.
Beginning at the Northwest corner of said Section 8; thence S1°15'00"W
along the hest line of said Section 8 a distance of 546.57 feet; thence
N89°54 '40"1: a distance of 50.01 feet to a point on the East right-of-way 4
of County Road No. 3 and TRUE POINT OF BEGINNING.
1. thence N89°54'40"E a distance of 2252.26 feet;
2. thence N00°05'20"6 a distance of 411.59 feet;
3. thence N33°29'59"E a distance of 60.67 feet;
4. thence N45°27'04"E a distance of 48.97 feet;
5. thence N89°54'40"E a distance of 366.78 feet to a point of nontan-
gency
on a curve to the left, whence the radius point of said curve
bears 527°35'30"E a distance of 65.00 feet;
6. thence along said curve to the left a distance of 232.04 feet through
'a central angle of 204°32'26";
7. thence 500°06'07"E a distance of 452.34 feet;
8. thence N89°52'13'E a distance.of 952.58 feet;
9. thence N00°07'47"W a distance of 73.51 feet;
10. thence 541°58'09"E a distance of 44.97 feet;
11. thence N42°44'50"8 a distance of 44.09 feet;
12. thence 500°07'47"E a distance of 72.31 feet;
13. thence N89°52'13"E a distance of 750.00 feet;
14. thence N00°07'47"W a distance of 74.80 feet;
15. thence 540°53'50"Ii a distance of 45.94 feet;
16. thence 1438°23'07"E a distance of 48.18 feet;
17:. thence 500°07'47"E a distance of 77.69 feet;
18. thence N89°52'13"E a distance of 785.00 feet;
' 19. thence 501°07'07"W a distance of 1264.31 feet;
• 20-. thence 589°53'53"11 a distance of 60.01 feet;
21. thence N01°07'07"E a distance of 1009.94 feet;
22. thence 589°53'53"W a distance of 567.44 feet;
23. thence 500°55' 18"W a distance of 422.93 feet ;
24. thence 589°53'03"h' a distance of 242.16 feet;
25. thence 500°00'07"E a distance of 271.79 feet;
26. thence 526°40'01"I( a distance of 55.90 feet;
27. thence 526°_27'47"W a distance of 55.90 feet;
28. thence SOU°u6'07' E a distance of 480.00 feet;
29. thence 589°53'53"W a distance of 60.00 feet;
30. thence N00°06'07"W a distance of 480.00 feet;
31. thence N26°40'01"W a distance of 55.90 feet;
32. thence N26°27'47"E a distance of 55.90 feet;
33. thence N00°06'07"W a distance of 187.05 feet;
34. thenco N44°00'15"W a distance of Rd Rd feet; •
35. thence NU°55'18"E a distance of 295.63 feet;
36. thence N24°20'52"h' a distance of 100.60 feet;
37. thence N43°07'10"19 a distance of 81.78 feet;
38. thence 589°53'53"W a distance of 684.89 feet;
39. thence S00°06'07"W a distance of 423.14 feet;
40. thence N89°53.03"E a distance of 145.15 feet;
41. thence S00°31'40"W a distance of 420.00 feet;
•
42. thence 589°53'03"W a distance of 140.50 feet;
•
43. thence NOO°06'07"W a distance of 60.00 feet;
44. thence N89°53'03"E a distance of 81.18 feet;
45. thence N00°31 '40"8 a distance of 300.00 feet;
46. thence 589°53'03"W a distance of 84.47 feet;
47, thence 500°06'07"E a distance of 791.58 feet :
49. thence N00°06'07"W a dlstanc, of 1274.72 feet; •
50. till, 589"53'53"W a distance of 770.00 fees
• 51. thence 500°06'07"E a distance of 1274.72 feet ;
52. thence 589°53'53"W a distance of 100.00 feet; '
53. thence N00°06'07"h`a distance of 1274.72 feet;
54. thence S89°53'53"W a distance of 589.88 feet;
55. thence 500°33'532W a distance of 483.30 feet;
56. thence S89°54'16"W' a distance of 224.50 feet;
57. thence Nn0°06'07"W' a distance of 60.00 feet;
•
58. thence N89°54'16"E a distance of 165.20 feet;
59. thence NOO°33'53"E a distance of 423.30 feet;
60. thence 589053'53"W a distance of 170.12 feet;
61. thence S00°06'07"f. a distance of 714.73 feet; •
62. thence 526°40'01"E a distance of 55.90 feet;
63. thence 526°27'47"h' a distance of 55.90 feet;
64. thence 500°06'07"E a distance of 460.00 feet;
65. thence 589°53'53"W a distance of 60.00 feet;
66. thence NUO°U6'07"W a distance of 460.00 feet;
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67. thence N26°40'01"W a distance of 55.90 feet;
68. thence N26°27.47"E a distance of 55.90 feet;
69. thence N00°06'07"W a distance of 714.73 feet;
70. thence S89°53'53"W a distance of 824.06 feet;
71 thence S01°01'13"W a distance of 422.97 feet;
72. thence 543°58'47"E a distance of. 42.43 feet;
73. thence 5O1°01'13"W a distance of 349.71 feet;
74. thence 546°01'13"W a distance of 42.43 feet;
75. thence 501°01'13"W a distance of 436.27 feet;
76. thence 589°53'53"W a distance of 60.01 feet;
77. thence N01°01'13"E a distance of 1274.96 feet;
78. thence 589°53'53"W a distance of 912.12 feet;
79. thence N01°15'00"E a distance of 307.30 feet to the
TRUE POINT OF BEGINNING.
Described parcel containing 56.946 acres. •
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