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Home My WebLink About750036.tiff r, A 11. FINDINGS AND RESOLUTION CONCERNING CHANGE OF ZONE PETITION OF FOSTER AND SCHOTT ENTERPRISES The Petition of Foster and Schott Enterprises, 7637 B, County Road #15, Windsor, Colorado, requesting a change of zone from "A" Agricultural District to "E" Estates District (Planned Unit Development) of a parcel of land more particularly described as follows, to-wit: A tract of land located in the West Half (WZ) of Section 32, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Beginning at the Northwest Corner (NWCor) of said Section 32, and considering the North Line of the Northwest Quarter (NW4) of said Section 32 to bear North 86°32'20" East and with all other bearings contained herein being relative thereto: Thence North 86°32'20" East, along said North Line of the Northwest Quarter of said Section 32, 1, 023. 0 feet; Thence South 03°02'20" West, 1, 171. 50 feet; Thence South 49°31 '38" West, 236. 21 feet; Thence South 58°23'20" West, 214. 5 feet; Thence South 89°53'20" West, 594. 0 feet to a point on the West Line of the West Half (Wf) of said Section 32; Thence North 00°06'40" West, along the West Line of the West Half (WZ) of said Section 32, 1, 375. 0 feet to the Point of Beginning, containing 30. 366 acres, more or less, came on for hearing on October 6, 1975, and the Board of County Commis- sioners of the County of Weld, State of Colorado, having heard the testimony and evidence adduced upon said hearing and having considered the testimony, evidence, remonstrances 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; or that the present zoning is erroneous or that circumstances warrant a change of zone at this time. 2. That said plat encompases land located in an area zoned "A" Agricultural and favorable consideration would have an undue adverse effect on existing agricultural uses adjoining and adjacent to the proposed sub- division. 3. The evidence and testimony show that the inhabitants of the im- mediate vicinity of the area sought to be rezoned are predominately opposed to the change of zone. 4. The evidence and testimony show that said subdivision would create an undue burden on existing fire and police protection services, and additionally would create an undue burden on existing facilities of School District RE 750036 ) 7ll 5. The evidence and testimony, including personal inspection of the subdivision site disclosed that a subdivision of this nature in said rural and remote area of the County would only tend to encourage urban sprawl and uncontrolled expansion within the County. 6. The evidence and testimony disclosed that the remoteness and isolation of this subdivision from existing residential and commercial de- velopment with their conveniences and amenities, and said location being outside of the normal growth pattern for this type of residential development make it reasonably foreseeable that the impact of this urban use will be detrimental to the development of agriculture in Weld County, 7. The evidence and testimony discloses that the present zoning is complementary to the surrounding area, and that rezoning of subject land would not be compatible with the surrounding land use and not in conformity with the Weld County Comprehensive Plan. 8. That each of the preceding findings in and of themselves and in- dependent of each other, including the recommendation of the Weld County Planning Commission, marked Exhibit A (consisting of nine sheets) which the Board incorporates herein by reference and makes a part hereof, con- stitutes a separate and individual ground for denial of the change of zone. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has heard the application of Foster and Schott Enterprises, 7637 B, County Road #15, Windsor, Colorado, for a change of zone from "A" Agricultural District to "E" Estate District (Planned Unit Development) 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, including personal inspection of subdivision site, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the petition, the evidence, testimony and remonstrances and the recommendations of the Weld County Planning Commission and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED, that the petition of Foster and Schott Enterprises, 7637 B, County Road #15, Windsor, Colorado, requesting a change of zone from "A" Agricultural District to "E" Estate District (Planned Unit Development), of a parcel of land indicated above be, and it hereby is denied on each of the grounds set forth in the Board's find- ings therein. Made and entered into this 22nd day of October, A.D. , 1975. ATTEST: 'S BOARD OF COUNTY COMMISSIONERS y� WEL ' UNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board A -6a / BY (ICI.it 1 c j r) 71i( �_r, Deputy Count Clerk /4 APVED AS,TQFORM: County Attorney t -2- ID S October 6, 1975 I hereby certify that pursuant to a notice dated September 3, 1975, duly published September 5, 1975 and September 26, 1975 in the Greeley Journal, a public hearing was had on a request for a Change of Zone A to E-UD by Foster and Schott Enterprises at the time and place specified in said notice. A motion to deny the request was made by Commissioner Jacobucci and seconded by Commissioner Moser. The motion carried. r Chairman Board of County Commissioners Weld County, Colorado te. ATTEST: County Clerk and Recorder and Clerk to the Brd 'Deputy County Clerk Tape #75-95 & 96 HEARINGS DATE: October 6, 1975 TAPE #: / r DOCKET #: 75-41 PETITIONERS NAME: Foster and Schott Enterprises DATE FIRST HEARD:10/6/75 PETITIONERS ADDRESS: 7637 B County Rd #15 Windsor, CO 80550 REPRESENTED By:- p REQUEST: Change of Zone, A TO E-UD (Change of Zone) or (Land Use Permit) LEGAL DESCRIPTION: Range 67, Township 7, Section 32 SPOKESMAN: For:'-_ / ('- rf / Aga;Ast. JJ i ..r` / /11.'(� <4 , / �.• ACTION TAKEN: (Conditions) COI t0 ' - ..r i A T N D A N c !H R E C O , Applicant Foster & Schott Enterpriseeme : 10: 00 A.M. Docket • 75-41 Date : October 6, 1975 Request ; COZ, A to E-UD NAME ADDRESS /—' ? �, gia,4,C i• i-e � 7,‘37 a Co /fI � ion ,Ce'< -' 7 1. 5 14s f;;" , ;2_,4 ,_ NA; ' l/Cvt,/}a-0-- :7-6Rierilc 4 s ObL c4c.v..> p nA/ o /�iYta�ozi-d2.- ,mil , /S 7- D ZJ< ,n,/ c Se's, C7.id dd ¢t- fat / 8e(c i4-7 w GC-7 �nh©2 K . (DST a,,,3oe 2X /37 ,/ £7L - ,,',,.„.=„ 4 - ,r5 Nazzei4 zia4/zic, li)( 1 k, y(A , _____24L4.2, ge5ii„„,e. 2‘1 a 1 tv_.,e c- & lc- CSc-�c,),, .,,,�� IL.° I Go-' " Ave . �ec, c �,, 1 dti.1.2.4 ,444-,.:411i 4ML N A 1;,k{ 're: ' ufl H;!1h! feat ,,,,,. .L. .-4 µf R « '*..R -i EFrG a 8 • i'5 t w 3.II' 4 ,a -. a �8 6 _ ' 4 - - a r;-, it 066 • ,1,- . \ • • COUNTY ATTORNEY DOCKET r 75-41 DATE: October 6, 1975 TIME : 10: 00 A.M. REQUEST: COZ, A TO E - UD :rto„...1(- cy //,/Si 7 ec:4171e2.._,I 2le77 I f 7 7 — 7/ , y/i /&1IX., . / 7II`2< k%c'<<l-e-Pr ?Ire r A / C ,, ' ! 1a 1 7 / c—� t // r F . from the Office of it Greeley, Colorado THE BOARD OF COUNTYOMMISSIONERS WELD COUNTY, COLORADO September 5 , 1975 Publisher : Please insert the enclosed notice in your issue the week of September 26, 1975 one time only. Regarding payment, complete the enclosed voucher and forward it to us. When returning the voucher, please include an affidavit of publication so we may complete our files. Thank you for your cooperation. Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S . Lee Shehee, Jr . County Clerk and Recorder and Clerk to the Board $ _ �c 7Z72c 'i( (7< lei C c puty ho my Clerk kw "t � � �K�x1�A�w''�'t'. H"+ ay 4N�(o-{',txT' „ dS` � f 4, . . as 1�� yr, .n 'cree,.L �,Sptan. ,y��,E. ' }e ,.�,y♦�a A4;ec-r"..aS Y�..wJ ,-,; L �'r. 'nM �, 14, xi r yotht'n.rN4:nL4: aCf+f ^(rx..• +-iftrr",1"''.4,14n� '_' ".�v'x "rj#1.000444MMl�i�. w6tin N' ,i t9.46,8:04 as/Mrrq •• t.... A-0'.ri wN..:;;"Aaw/ 3 ..-. n..h.v*-..M't°>.v,x:.'-:A�6a <�,:+ai.�r' ' c�i� 'B�Y.9 n.'�s'°x- x i w.. .,,✓1• %;:l. -7;17 1F• ,�_' r •z"ir.. = rs}S ss'e-�.r 'xy. a+ , � 4 +. ". • 1R< Y lan.� '•. 1e '.� ,y v •':..`'i iS L'T',.,l,9�, "y. "4 "rq �-°t Y�r`GYai'r'!c.'"F F ° n a c:. '`I t r '� S« $" �y G xY'',A'+v .l ...Fa s ' qt.- ).,(^Yt4 ' " '� ,.... .... r� _ 'tv. n tr,. r 7n'�4J�'s'y�}'�•r:r....�, • -.i, .,i0,'4�!•4''J �r» ,.y.i'o+'1r R o4n'J 'ay +d 4'r,µ a ". r w, h> F. '4i_royr `F' 4 tiwk.N. bXt�' 'Mc. 4 " t4". 4.-`,"":74?(Itk4 ' h riM ?4 M`'e X"c A +•Yl'.�'R ^.hty ,"7`9' � .M1M**VC J E� : '4'T;q' �' '1 ( + ��' 1 * i . NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 75-41 Foster and Schott Enterprises 7637 B County Road #15 Windsor, Colorado 80550 Date: October 6, 1975 Time: 10:00 A.M. Request: Change of Zone, A (Agricultural District) to E-UD (Estate - Unit Development District) Approximately 4 miles North and 1 mile West of Windsor, Colorado THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: September 3, 1975 1, 3 .'1111 Y y wf '4r $g d •,,,,.., • t l k ¢5 .ls R.(.1-S ^ i "'+ �.{ l'1'4' l d5 r",±14}} t , 1"^”, a te. A . • Ill AFFIDAVIT OF PUBLICATION STATE OF COLORADO 1 y ss. �.� ' y. •"'' ct �':: COUNTY OF WELD J a ar. .pie I, or of said County of sA �_ ' Weld, being duly sworn, say that I am office manager of d a.„. .:;* THE WINDSOR BEACON, INC. ‘ . wend a weekly newspaper having a general circulation in r „ ; said County and State, published in the town of } ,1 a the WINDSOR, in said County and State: and that the #, notice, of which the annexed is a true copy, has been stlfc"' 4 -.;' die e ,.t published in said weekly for 1 successive weeks, that the notice was published in the regular and entire issue of every number of the papere during �'' •- '� x , the period and time of publication, and in the news- • ! ` .� , t paper proper and not in a supplement, and that the N first publication of said notice was in said paper bear- A. '* ` tl ing the date of the 7] day of 3e_ t. , A.D., 19 ' i �^ A , ▪-s „ tuD and the last publication bearing the date of the 2` �e .t (`; J day of A.D., 19 i — and that the said "WINDSOR BEACON" has been I.,, published continuously and uninterruptedly for the , I_ period of 52 consecutive weeks, in said County and �. State, prior to the date of first publication of said ��.. notice, and the same is a newspaper within the mean- . t-- i`"i, ing of an Act to regulate printing of legal notices and advertisements, approved May I8, 1931, and all ^am y"{;" ;.. . prior acts so far as in force, OFFICE MANAGER `it Subscribed and sworn to before me thisc-A. ..... day of —zr , 1911)..5— ..,)(\.a. TIT P ARYPUBLIC r 7 My commission expires>A ra.6) f„t' {.�7. • • r NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 75-41 Foster and Schott Enterprises 7637 B County Road #15 Windsor, Colorado 80550 Date: October 6, 1975 Time: 10: 00 A.M. Request: Change of Zone, A (Agricultural District) to E-UD (Estate - Unit Development District) A tract of land located in the West Half (W1) of Section 32, Township 7 North, Range 67 West of the Sixth Prinicipal Meridian, Weld County, Colorado and being more particularly described as follows : Beginning at the Northwest Corner (NWCor) of said Section 32, and considering the North line of the Northwest Quarter (NWQ) of said Section 32 to bear North 86°32 ' 20" East and with all other bearings contained herein being relative thereto: Thence North 86°32' 20" East, along said North line of the Northwest Quarter of said Section 32, 1, 023. 0 feet; Thence South 03°02 ' 20" West, 1,171. 50 feet; Thence South 49°31' 38" West, 236. 21 feet; Thence South 58°23 ' 20" West, 214. 5 feet; Thence South 89°53 ' 20" West, 594. 0 feet to a point on the West Line of the West Half (W1) of said Section 32; Thence North 00°06 ' 40" West, along the West Line of the West Half (W1) of said Section 32, 1 ,375. 0 feet to the Point of Beginning . Said tract of land contains 30 .366 acres and is subject to any Right-of-Way of other Easements as granted or reserved by instruments of record or as now existing on said tract of land. r • • THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: JEANNE LOU HEIMBUCK, DEPUTY DATED: September 3 , 1975 PUBLISHED: September 5, 1975 and September 26, 1975 in The Greeley Journal 410 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may he examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 75-41 Foster and Schott Enterprises 7637 B County Road #15 Windsor, Colorado 80550 Date: October 6, 1975 Time: 10 : 00 A.M. Request: Change of Zone, A (Agricultural District) to E-UD (Estate - Unit Development District) A tract of land located in the West Half (Wz) of Section 32, Township 7 North, Range 67 West of the Sixth Prinicipal Meridian, Weld County, Colorado and being more particularly described as follows: Beginning at the Northwest Corner (NWCor) of said Section 32, and considering the North line of the Northwest Quarter (NWa) of said Section 32 to bear North 86°32 ' 20" East and with all other bearings contained herein being relative thereto: Thence North 86°32 ' 20" East, along said North line of the Northwest Quarter of said Section 32, 1, 023. 0 feet; Thence South 03°02 ' 20" West, 1, 171. 50 feet; Thence South 49°31 ' 38" West, 236. 21 feet; Thence South 58°23 ' 20" West, 214 . 5 feet; Thence South 89°53 ' 20" West, 594 . 0 feet to a point on the West Line of the West Half (W?) of said Section 32; Thence North 00°06 ' 40" West, along the West Line of the West Half (W?) of said Section 32, 1 , 375. 0 feet to the Point of Beginning. Said tract of land contains 30 . 366 acres and is subject to any Right-of-Way of other Easements as granted or reserved by instruments of record or as now existing on said tract of land. f THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: JEANNE LOU HEIMBUCK, DEPUTY DATED: September 3 , 1975 PUBLISHED: September 5, 1975 and September 26, 1975 in The Greeley Journal erpi6 5 ; 4(>1) 1 1 ea pl.-1- Co' 1 �. fried c�LC)/IQ yS Co'e_ 4=1_ kill c c*c f a I ( (?i 0r 6,2dCP4 gad 6-13 Ens , `y. �„ ..s. aw,s}v,-.(aR'ro n J' w�M �, 1a' ..x+.- Yg, y�..,ry s, • '4s» .Ac,,�h.w : �',Y*.`.4a[s .�^ f..n` k' . .i'W Alf yy * Cs` ""� S.': .a '� ^c?.+ y '1 iAY • • Affidavit of Publication STATE OF COLORADO, 1 Its. County of Weld, Richard L. Tatman of said County of Weld, being duly sworn, say that I am one of the publishers of THE GREELEY JOURNAL that the same is a weekly newspaper of general cir- culation, published in the city of Greeley, in said county and state, that the notice or advertisement, of which the annexed is a true copy, has been pub- two lished in said weekly newspaper for eonseeue're-weeks; that the notice was published in the regular and entire issue of every number of said sr newspaper during the period of time of publication of said notice, and in the newspaper proper and not in a supplement thereof;that the first publication of said notice was contained In the issue of said news- ... rl`Ktet.tat 5th paper bearing date the day of er„ g A " . .' S� September 75 ,A.D. 19 and the last publication thereof in the issue of said 26th newspaper bearing date the day of September 75 19 that the said The Greeley ru has been published continu- ously ously and uninterruptedly d"uring'ext prior of at least fifty-two consecutive weeks next prior the l4° first issue thereof containing said notice or ad • ^I k fy`" tisement above referred to; that said newspaper ha + been admitted to the United States mails as seco class matter under the provisions of the 'c s kj `_ March wspaper-e ersy amendment there• ,an at say*newspaper is weekly newspaper d p ifed/ r t r i far publishing leg notices a ad in e State f J� e o Subscribed and sworn to before me day of _�S-� , A.D. 19 7 My commission expires /— Notar�blic. 7l • DATE: August • 1975 TO : The Board of County Commissioners Weld County , Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the October 6 , 1975, at 9 : 00: A. M. 9 : 00 A. M. - 3 . 2%. Beer (on & off premises) Martinez , John E . 10 : 00 A.M. - Foster & Schott Enterprises COZ A(Agricultural to E-UD Estate Unit Developement) 10 : 00 A. M. - Trunkenbolz , Albert COZ A ( Agricultural District to E-UD Estate -Unit Developement) 10 : 00 A.M. - Cuykendall , Rodney H .-SUP Gas gathering plant & transfer termin 10 : 00 A. M. - Weld County Humane Society -SUP Animal Shelter • " 2 : 00 P . M. - 3/2% Beer (on & off premises) Meska, Dale Allen (Weed Hill Salo' • OFFICE OF THE CLERK TO THE BOARD k BY : Deputy ) The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above : BOARD OF COUNTY CONN.ESSIONERS WELD COUNTY , COLORADO Ito.? i • i OFFICE OF BOARD OF COUNTY COMMISSIONEF PHONE (303) 353-2212 EXT. 221,222& 2 P.O. BOX 7 GREELEY,COLORADO 806 WI I 11 O COLORADO August 11, 1975 Foster and Schott Enterprises 7637 B, County Road #15 Windsor, Colorado 80550 Dear Sir: Your request for a Change of Zone from A (Agricultural) District) to E-UD (Estate - Unit Development District) has been recommended unfavorably to the Board of County Commis- sioners by the Planning Commission. The legal description of the property involved is part of the West Half (W1) of Section 32, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado. If you wish to be heard by the Board of County Commis- sioners, it will be necessary for you to indicate your re- quest by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing twice in the legal newspaper, which expense must be paid by you before the hearing day. In order to proceed as quickly as possible, we must receive your reply by September 1, 1975. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, GLENN K. BILLINGS., i�4-- A ,b at-tr. Chairman, Board of County Commissione] Weld County, Colorado GKB: jlh I wish to have a hearing on this matter with the Board of County Commissioners. I agree to pay for the legal advertising as noted above. Foster and Sch tt tEnterprises WELD COUNTY COMMISSIONER: ettineXAMMW GLENN K.BILLIN ROY MOSEF Victor L. Jacobucci 5$1- • T 1 OFFICE OF BOARD OF COUNTY COMMISSIONER T „, ` ./(t\ PHONE (303) 353-2212 EXT. 221,222& 2: [, I'Wg P.O. BOX 6: q" GREELEY,COLORADO 806: a . sy . a. COLC ' . ,. •et t,: ,a,ra4-o,,� " atom August 11, 1975 tai.,• "—roev at°'N"`°n.. w ott Enterprises em 4:7:4741 fur *it s':! Road #15 Wi'"?.. 31 .rado 80550 Dear Sir: Your request for a Change of Zone from A (Agricultural) District) to E-UD (Estate - Unit Development District) has been recommended unfavorably to the Board of County Commis- sioners by the Planning Commission. The legal description of the property involved is part of the West Half (W1) of Section 32, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado. If you wish to be heard by the Board of County Commis- sioners , it will be necessary for you to indicate your re- quest by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing twice in the legal newspaper, which expense must be paid by you before the hearing day. In order to proceed as quickly as possible, we must receive your reply by September 1, 1975. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, • • GLENN K. BILLINGS. ` t,c-- jZI'( zr ?r • Chairman, Board of County Commissioner Weld County, Colorado GKB: jlh I wish to have a hearing on this matter with the Board of County Commissioners . I agree to pay for the legal advertising as noted above. Foster and Schott Enterprises WELD COUNTY COMMISSIONER£ WiliftXXX,COff GLENN K. BILLINGS ROY MOSER BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . Z-255 Date 8/7/1975 APPLICATION OF Foster and Schott Enterprises ADDRESS 7637 B County Road #15, Windsor, Colorado 80550 Moved by J. 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 A 4Agricultural District ) to E-UD (Estate Unit Devel®piiebtict ) covering the following described property in Weld County , Colorado , to-wit : see attached STATE nC cn 1 inFo�o COUNTY } se. th- CIcr6,of the tcara I OT COUnb/ Co. ":Otters AIJ64 .v5 COUNTY CLERK A1:0 XI'COIIDCII By_ _Deputy be recommended gflXNXKXL)WJ) (unfavorably ) to the Board of County Commissioners for the following reasons : 1 ) The proposed development does not conform with the Weld County Comprehensive Plan. The Plan clearly points out the many conflicts and impacts which occur when urbanization is allowed to occur in agricultural areas away from existing towns. a. On page 42 the Plan states: "Incursion of residential uses into an agricultural area creates numerous problems for the farmer that are not obvious to the suburbanite who lives in the country, but works in the city. For example, a subdivision will always increase run-off of storm water. Where this water collects is not just a matter of appearance or avoidance of discomfort, but a matter of income and livelihood for the farmer. ....another source of conflict is the irrigation ditches that are vital to the farmer and to agriculture, but are merely attractive (and dangerous) play areas for children of suburbanites. A problem of safety immediately arises and this usually means fencing of the ditch. Fencing (Continued...) Motion seconded by Chuck Carlson Vote : For Passage Ronald Heitman Against Passage John Weigand J. Ben Nix Chuck Carlson 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 . Cs l 0 w G ,' --- N. ro a) ro cn rC 00 i C O CU C J r I D p L •r 3 Y V i L O CN O 1a Y N '--^ rn 0 N U NU O Y N 4- C U G N r K ('-Jr C3 ea O T CM SO- +) CU = C4- ~ C ro C N S• Y Y ro O . 7 O L dr N • N O �- C CU Q) O N CV Y O Y Y M U m U a) a) O 3 QS C L Y r C C V Y O C O r C In•r Y CS C L C 0 -r O • 0 -0 Y • Y r a) 4- O -n i U 3 V•r- 0 0 0 O. 4- a) 0 -) cel C a) N U a) c0 b N C C r 4.. .0 !n 4- N 0 CO N O -O 'O O O) J Y .C •r T N C J .V V L ^r 3 ^'r L Y Y Y 4 C N a) O an a N L a) a) a) CU Y•r C O N r a-. r 4- r a) Z . CU^ 4O- 40--4- •- a)CI 0 O ro CU > W `—. r O O 3 l] 4) N r^\ Na F- F-) �. ro 4- -O a) M i a) .. i) N O S N L N N H r U b O Se. ro4-LONInO CO-CY ro. i • W a' et C 40 U 04-' 44 OO N r 10 V V •r \ Y L. C F- to i a) Z G O rN. co rO) U C ro i • ^N N LO O to W Y d •r " ?.r— N O Y l0 r- W Cl NN r N r a) M -0 3 CU_C•r idro ca ro • O = J 3 X 0 C -0 4- O Y O X N C Y L ^.r M C OCW7 a)•r a) i N Y yj'-_ Y Y Y Y i0 Y ro Y O W L V) O a).r N N N N N V) N O 5- ro Z J Y a) T W L 3 cc ^ a) a) a) 0) 4- 3 to C N 3 3 3 i G L r Y Y V W M O N. •r N_.e / Y i o i C _ - _ _ M ro ro co a) o it - O G0000 0 O Y -O 0) 0 C 4-) N O N M N N N 'C r C ro y 0 U Y Q.) N r- O C N r0 t • S- _CetN U N r M M 3 lO ^ O G O CI L 7 Y W M cup MNIn�OM C a) O N r Cl. m O O Y0 Ia S) -o c] O)W Cl t O C r MI O) C 1` S O N N CO.r. O d-in CO ro 0 O W C '0 al C- S- cc) = O i Y . ro i N U L co L -C .C L L Y N r C) E JML Y Y Y Y 3 N i a) Y.C • W G Y 0 0 0 0 J0O ro C) C L a 0 0 0 0 ) n a) O N U YO N WC C i 0 > Z 5.- )n N 3 Z -a Y i 3 4-) ^r co r a) a) a) a cu al a) V•b O O tOL1] C ZL•Y LS 4-1 U U U U L {) ro C i C C C C Y C N V T C i Y r c i r a) ro a) a) a) a) a) . Y i � O) C JLLLL4- L4- /O i0 N CZ C CO� L F— dF— F-' F- F- 0E— 0 v) 3 ro requires maintenance and requires cleaning of the ditch each spring more difficult and more expensive. The ditch also becomes an attractive target for all sorts of games involving throwing of objects into the ditch. The syphon tubes used to irrigate crops from the ditch, which are vital to the farmer, are playthings to children. The irrigation which must be carefully controlled to gain maximum benefit from the specific amount of water owned by the farmer can be easily disrupted by children. .. . " With reference to the current proposal , it is anticipated that such problems could indeed become a reality. Specifically, the proposed development is bordered on the south and east side by the Lake Lee Lateral . On August 2, 1971 , a letter was submitted to the Weld County Planning Commission by the Lake Lee Lateral Company. In this letter, two points concreteerence Lateralo the wouldLbeeadequate; and0(2)atheent drainage would be allowed to flow into the Lateral as it has in the past since the developers agreed to build a dike so as to allow drainage to enter the lateral at two or three points through no larger than twelve (12) inch drain pipes with trash racks. The second of these items has not been adequately addressed in the development standards of the pro- posal to insure that the developer will indeed provide the necessary drainage structures. Finally, the proposed development standards do not address the fact that such ditches are attractive and dangerous play areas for children in the development; nor have they addressed the problem of debris entering the ditch because of activities carried on by residents of the development. b. The Plan on page 42, further points out additional conflicts which occur between agricultural and urban uses. "Certain pests appear only after crops are approaching maturity and are too tall to allow mechanical spraying. The farmer must rely on aerial crop spraying, but Federal Aviation Administration regulations forbid crop dusters from flying any closer than 500 feet from residences. People must be protected from the dangers of agricultural chemicals , but is it fair to deprive the farmer of an es- sential service because people want to live in the country and enjoy the open spaces provided by the farmers ' fields. " The proposed development is located in a prime agricultural area of Weld County. By allowing the proposed development, we can only set a precedent for further encroachment of urban uses on our prime agricultural land. If such development occurs, conflicts, such as those noted above, are only increased. c. The Plan also points out other problems associated with scattered rural development. On page 44, the Plan states: "Scattered development in rural areas has other implications. Residential development in rural areas necessitates an in- crease of public services to that area. More people in the area demand greater expenditures for educational facilities, for sewer and water facilities , for police and fire protection, and for other services. The services and facilities in the area are not capable of accommodating the increased population. Capital construction costs for new facilities and services are • • 7 involved. The cost of such expansion will , in the end, be placed upon the taxpayer; for, as shown by cost benefit studies , it is unlikely that the increased tax base resulting from de- velopment of the land will increase revenues to the point of paying for the required new facilities and services. As indicated by the Plan on page 51 , ". . .County government was never intented to provide urban services usually provided by municipalities. The tax revenue for urban services can more equitably be developed from a town or city where uniformity in the level of demand of service provided tends to be directly proportionatal to the compactness of the service area. County services should be reserved for these functions which overlap the municipalities , such as li- censing and tax collection and services for the true rural dweller, the farmer". Finally, the Plan recognizes the many scattered subdivisions which already exist within Weld County. The Plan addresses this problem in the following manner: "This scattered residential development may represent the de- sires of people to escape from the problems of city to a simple rural atmosphere. However, it must be recognized that this effort to escape urbanization will , in the long run, be self defeating. As more and more urbanites flee to rural areas , they' ll only suceed in creating urban problems as severe as those from which they fled. The present spot development trend represented by these scattered subdivisions, if allowed to con- tinue, will lead eventually to urban sprawl . Rather than having well-defined communities with which people can identify and which have the ability to plan for and provide urban services , the present trend toward urban sprawl will lead to an ill-de- fined sea of low density housing with no border and no center, served by an overlapping tangle of special districts, and with no rural atmosphere left to comfort the urban refugees. " These many problems and conflicts are typified by two letters which were received by the Planning Commission staff in reference to the proposed development. These include: 1 . Letter from Mr. Jerry Phoutt, dated July 29, 1975; and 2. Letter from the Weld County Sheriff' s Office dated July 10, 1975. Such problems are well pointed out by the Weld County Comprehensive Plan on page 51 , which states: "As an urban population invades an agricultural area , more and more services are demanded by this new kind of dweller who wants • • / to live in the country and work in the city. More schools must be built and more roads must be paved and maintained; for the suburbanite loves the country but hates the dust. " In recognition of these conflicts and many others, which occur when urban uses occur in agricultural areas , the Weld County Comprehensive Plan sets up the following policies which were adopted by the Weld County Planning Commission and the Board of County Commissioners September 1973. d. (1 ) "Agriculture is considered a valuable resource in Weld County which must he protected from adverse impacts resulting from uncontrolled and undirected growth. In order to maintain and promote this important segment of the county' s economy, the cultural and human values assoiciated with farm life and the overall benefits of an agricultural environment, any uses of prime irrigated farmland for uses other than agricultural will be critically reviewed to insure the proposed development will not adversely impact the agricultural interests of the county and that the development will positively contribute to the overall economy, environment and tax base of the county. " The proposed development lies on Class II and III Irrigated Agri- cultural land. The proposed development, in fact, lies in an area of northern Weld County which is predominantly prime agricultural land. The approval of development such as this in these areas can only further encourage the depletion of our prime agricultural areas. Finally, the developer has given no indication or evidence that the proposed development would positively contribute to the overall economy, environment and tax base of the County. (2) "In order to minimize conflicting land uses and minimize the cost of new facilities and services to the taxpayer, industrial , commercial , business and residential development will be en- couraged to locate adjacent to the existing 27 incorporated towns and in accordance with the comprehensive plans and stated wishes of each community. Where new developments desire to locate in the rural areas away from the existing municipalities, they will be required to justify their development with a detailed plan (Planned Unit Development) accompanied by an economic impact statement and an environmental impact statement prepared by recognized experts, showing all details of how the proposed development would affect the local and county' s economic base, the tax revenues and cost of public services such as schools, utilities, roads and health services , and the immediate and long-term impact on the existing environment. " These issues and problems have not been addressed in the pending application. • • (3) "New residential developments which are not closely connected to and served by municipal utilities and services shall be discouraged. " The proposed development is neither closely connected to or served by municipal utilities or services. (4) "Proposals for new residential development adjoining existing municipalities shall be encouraged so long as they conform to the desires of the towns as expressed in their comprehensive plans. " The proposed development does not adjoin an existing municipality and is, in fact, nearly five miles from the nearest municipality. (5) "Existing municipalities are the best and most efficient sources of public goods and services which are necessary to serve new residential developments. These municipalities will be encouraged to improve their ability to serve new developments and will be looked to for service of all new developments within their corporate areas, in annexable areas immediately adjacent to the town and even those areas not immediately available for annexation, but within a reasonable service distance from the municipality. " It is the opinion of the staff that the proposed development does not conform with these policies , that it in fact serves to defeat the meaning and intent of these policies and should be denied. 2. It is the opinion of the staff that the proposed rezoning and development is not consistent with the intent of the Weld County Zoning Resolution. a. As stated in Section 3.3.A. of the Weld County Zoning Resolution: "The intent in establishing the A-I agricultural zone district is to allow all agricultural land and related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of incompatible uses upon the agricultural land in the district, to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan. " If the proposed rezoning and development is allowed, it will not only encourage the encroachment of incompatible uses upon prime agricultural land in the area in question, but will also set a precedent which would dictate the approval of similar proposals in other areas of the County. As stated by Section 8-3 of the Resolution: "Requests for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by the petitioners should show very clearly that either the original zoning was faulty, or the changing conditions in the area now justify a new classification. . . . There must be definite proof that the area requested for change has unique characteristics which distinguish it from surrounding lands and thus make this rezoning essential . . . Once a change is made, the Planning Commission must recognize a precedent which is established, both in the immediate area and in other parts of the County, for like rezoning of other lands similarly situated. " It is the opinion of the staff that the "detailed and substantial evidence" and the "definite proof" required by the Resolution have not been shown in the current application. 3. If further action is anticipated in reference to the current application, it is recommended the following changes, additions and/or considerations be made with reference to the Planned Unit Development and Preliminary Plat: a. Access points should be shown on the vicinity map b. Quarter section should be designated on the record plat c. Designate the name of the street entering the Roth Subdivision on the Southeast d. Designation of utility easements as required by the Weld County Utility Board e. Show existing and proposed water mains, utility mains (electric, gas and telephone) and other underground structures within the subdivision and at least 100' immediately adjacent to the boundary streets f. Show the area of each lot in the proposed subdivision g. Show water courses and proposed water drainage systems including culverts which may be necessary on county roads or in other parts of the proposed subdivision h. Identify the ditch shown on the plat by name i . Identify structures in the subdivision and within 200' of its boundaries , including other easements, telephone lines, gas lines , power lines, streets, buildings and others . j. Identify on the plat the respective owners of abutting properties to the east, north and south of the proposed subdivision • • 2 k. The development standards should stipulate what covenants are to be used on the property 1 . Submit three (3) copies of the sewage disposal report reflecting the type of on-site systems to be utilized; the report should also re- flect whether or not any engineering design will be necessary on the systems due to soil or other physical limitations. Finally, any such limitations or systems should be relfected in the development standards. m. Submit copies of any geological maps and/or investigation reports which may be required by the Colorado Geological Survey in ac- cordance with the requirements of Senate Bill 35. n. Submit letters from each special district or agency involved stating that required services and utilities are available and that each company has reviewed and commented on the plan. o. Submit a summary statement of the proposed application as required by the Weld County Subdivision Regulations. p. Submit clarifications of the following items under the proposed development standards: (1 ) Under Section IV.C. I . , clarify the term "front side yards" (2) Under Section VIII .D. , clarify the name of the water district (3) Under Section I . F & G, clarify the square footage requirements for structures q. The development standards should reflect access limitations from lots abutting county roads. 4. If additional action is anticipated on the current application, the following design factors should be given additional consideration a. In accordance with Section 8-l .D of the Weld County Subdivision Regulations, a preliminary plat should be revised to reflect changes in reducing the number of accesses and traffic congestion on County Road 76 and 15. This would include the elimination of local street access onto County Road 76 which does not comply with Section 8-2A(12) of the Weld County Subdivision Regulations which states that two streets meeting a third street from off the side shall meet at the same point, or the centerline shall be off side three hundred (300) feet. b. A minimum set back requirements in development standards should in- clude reference to set backs on corner lots which are in conformance with Section 8-5C(4) of the Weld County Subdivision Regulations which states that corner lots for residential use shall accommodate the re- quired building set back line from both street frontages. c. Easements on the recorded plat should be in conformance with Section 8-6 of the Weld County Subdivision Regulations or be delineated in such form as approved by the Weld County Utility Board. d. Development standards should reflect the individual on-lot sewage disposal systems will be located in accordance with requirements of Section 8-9A(3) of the Weld County Subdivision Regulations which states that each site must be at least 100 feet from any water supply well , stream or water course, and at least 10 feet from any dwelling or property line. If these requirements cannot be met, evidence should be submitted that systems will be designed in such a manner that precludes contamination of surface water. e. The proposed development standards should reflect that fire pro- tection facilities will be provided according to Weld County Regu- lations and evidence should be submitted showing that the pro- posed water supply system will meet the requirements of Weld County Regulations with reference to fire protection. Specifically, such evidence should speak to Section 8-10C(4) of the Weld County Subdi- vision Regulations which states that minimum residual pressure of 20 to 30 pounds per square inch at the fire hydrants will be con- sidered to provide minimum fire protection. f. The proposed development standards should reflect consideration of the recommendation made in the soils report of this site completed by Nelson, Haley, Patterson and Quirk in 1971 . • • CERTIFICATION OF COPY Janna Morrow , 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 August 5, 1975 , and recorded in Book No. IV , Page No. , of the proceedings of said Planning Commission. Dated this 7th day of August , 19 75. Recording Secretary, Weld County Planning Commission ?c-z-006 '1 REzol!tNr, r I L rcA1 i:,ll - Weld County Planning Deparimted Services Buildine, Greeley, Colorado FOP PLANNING DEPARTVENT USE rISLY: LAME fNIIMRJ R : Z -75 cD PC ILAR INC IMTI_: n - \h - ( 5 SEC: T'NP RANGE CC MAE NJG I.YIt: LAUD (MI! : 1; 1/1: KEY: suP/DIV CODE: SUB: PEE: TOT: KEY: -P _ REED TO: , / r. 1) //t �f/7/16'A/7/16'C/ _ h =gain":i� ZSID Dials : APP. CHECKED 1W: - tc 7) /i ,, ( h- FEX- �� Date: < . ! RFC. NO. : ft L G..72 3) / i L . Date: "— LEGAL DISC. APPROVAL a) A -tvilI �, ,- !'9 ( i ;, : I., LU.{Iii �;`;( Date: /_ ), � - Fc7 Co-�.�. 4- �C v�:,�. (:__ >.) ! G •t/� i1 ( {/ i J�''I<'° ''� 3i,,Cdt'� fhr .kit 11ot' ("P i 1U k _ TO BE COMPLETED BY APPLICANT IN ACCORDANCE WIT!! PROCEDIdRA, z.R 4UIRISviENTS: Print or type only, except for necessary, signatures. /Or CU J �!Z/—.2 I (we) , the undersigned, hereto/ request a nearino hefore the Weld County Planning Commission concerning proposed rezoning of the following described unincorporated area of Weld County: LEGAL DESCRIPTION : TA:r / M-lriZ i";, i/1r/Y (K .� //4U7.( / 0-,:1' /c',i i . 61COi» 7Mri/ • 4,,,,,e 17 ,,,,,:74ae‘/' c / (If additional space is required, attach a:I additional sheet of this same size) STREET LOCATION: �y PRESENT ZONE , // PROPOSED ZONE /: _ ?NO. APPROX AREA : .fin r/ PURPOSE: os ,OC'—,7/i.a% (BSU ird�r7s, .0 It IS THIS AREA PLAITED: YES :()- N0 (Al . IF PLATTED, NAME OF PLAT: IS THIS y..1._ � AREA TO BE PLATTED: YES (r NO ( ) . IF ANSWER IS YES, HAS PEAT BEEN SUBMITTED: Y YES �� NO ( ) . FEE OWNERS OP ARM PROPOSED FOR REZONING: �j y NAME: /c5/i r .)/ cC.; 4o -eaf,/'i',.c'6 ADDRESS: /��7 � Ccti',.,,�"/�/r TEL. : 417,7- .."'47 NAME: ADDRESS: TEL. : NAME: ADDRESS: TEL. : I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF COLORADOWELD ) I• STATE OF ) ' Signature: Owner or Authorized Agent , , V/, I' Subscribed and sworn to before me this (r> ' day of ) )(L/) 0 (, 1973 . S E A L. \ . '/( ice -, I ,-) ,��i. b-:= �-' - i NOTARY PUBLIC (� i I My commission expires: t et-1 c t / 978 t • NORTHWEST ESTATES LEGAL DESCRIPTION A tract of land located in the West Half (W1/2) of Section 32 , Township 7 North , Range 67 West of the Sixth Principal Meridian , Weld County, Colorado and being more particularly described as follows : Beginning at the Northwest Corner (NWCor) of said Section 32 , and considering the 'forth Line of the Northwest Quarter (NW1/4) of said Section 32 to bear North 86° 32' 20" East and with all other bearings contained herein being 1) relative thereto: Thence North 86° 32' 20" East, along said North Line of the Northwest , AO/(1, Quarter of said Section 32 , 1 ,023.0 feet; Thence South 03° 02 ' 20" West, 1 ,171 .50 feet; �� - ) Thence South 49° 31 ' 38" West, 236.21 feet ; Thence South 58° 23' 20" West, 214.5 feet; Thence South 89° 53' 20" West, 594.0 feet to a point on the West Line of the West Half (W1/2) of said Section 32 ; Thence North 00° 06' 40" West, along_the-nest Line of the West Half (W1/2) of said Section 32, 1 ,375.0 met to the )Point of Beginning. Said tract of land contains/ 30.366 acres and is subject to any Right-of Way or other Easements as/granted or'reserved by instruments of record or as now existing on said tract of--land. 1 NAME Foster & Sch. Enterprises FEE' pd ZONE NUMBER : Z-255:75:6 ZONE REQUEST : "A" to "E-UD" Prelim Plat Northwest Estates, 4th Filing f . DATE BY 1 APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED 6/4/75 s LEGAL DESCIPTION CHECKED BY CO . ATTORNEY LL f-1 ? 1 j AIRPHOTO -6-z.! '. is.3 cn- e. 7 VICINITY MAP PREPARED •4.•?S 75 O NO SURROUNDING OWNER' S NAMES ,.? •�' ,..- t4PLANNING COMMISSION HEARING DATE SET OTHER AGENCIES NOTIFIED /. ,= SOILS REPORT ✓- 177/7/ ti WATER CONTRACT OR LETTER OF INTENT l. COPY OF APPLICATION TO COMMISSIONERS i OFFICE FOR PUBLICATION COUNTY COMMISSIONERS HEARING DATE SET FIELD CHECK . li STAFF REPORT im. p. PLANNING COMMISSION HEARING Q, ;'-7-YL kl / PLANNING COMMISSION RESOLUTION ....-/ - s, i; COUNTY ATTORNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS -8M t C'E R T I F I E D_.M Ik i-N ��y 7; , r„., COUNTY COMMISSIONERS ' HEARING COUNTY COMMISSICNER' S RESOLUTION I 11 PLANNING COMMISSION MINUTES "` RECORDED MYLARS CHANGED PLANNING COMMISSION DECISION (APPROVED -( ENIE7 TABLED) COMMENTS AND ACTION TAKEN UNITED STATES DEPAR•ENT OF AGRICULTURE • SOIL CONSERVATION SERVICE 2017 West 9th Street, Greeley, Colorado 80631 MIMIC r- Soil Evaluation DA1EApril 16, 1975 Subdivision Development . TO. Mr. Bob Foster c/o Freese Engineering 2506 6th Avenue Greeley, Colorado 80631 This is in reply to your request for a soil evaluation for the NWk Section 32 Township 7 North Range 67 West, all in Weld County, Colorado. X53-B on the accompanying map is Kim loam which is a deep, well-drained loam over clay loam. 21B-C, Olney; 5-B, Fort Collins loam and 53-C, Otero sandy loam are all also deep, well-drained soils with loamy sand or sandy loam surfaces. They are all suitable for community development with few if any limitations. The soil survey is made on the basis of 50 to 60 inch borings. The soil map should be used for general planning and does not exclude :r. the need for on-site investigation for specific engineering purposes. trA-, W. Kent Ververs `J - `/T District Conservationist A cc: Weld County Planning Commission �9 1 ,em, 1 r .s �cn Yin '1/44 IPI>. C V-- �^�r1, a...rl�� t-F �4N"v t 'c,i•;'Tt[f�.+�0"in�`q�y�?"°�G� �'l, ✓lie r�'r �'y.Fr . 1" ./Y. 11"x-..�".•T h'^n �n `.., a .y`'w. C_l ZONING CASE # 255:75:6 Location Pt NW' Sec 32 T7 R67 Agenda date in July 1975 Date June 10, 1975 RE : Zone Change From : A To : E-UD The Zone Change for Foster & Schott Enterprises (does ) (does-mot) meet with the requirements of the Weld County Health Department . The Weld County Environmental Health Services recommends that this request be (approved ) (d•i -ap-p-reved) . Remarks : Yours truly , Environmental H alth Se ices Please return your comments prior to July 7 ,1975. Thank you. ` c • • r. -Escx+fi c ti o tau .' 'TATE OF COLORADO CtFPAR i MEN T OF PUBLIC HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-5801 R. L. CLEERE, M.D., M.P.H., DIRECTOR August 18, 1971 Mr. Robert L. Foster Foster-Schott Farms Rural Route 1 Box 159 Windsor, Colorado 80550 kE: Septic Tank Site Application Dear Mr. Foster: Your application for approval of location for septic tank systems for Northwest Acres Subdivision, Weld County, Colorado, has been reviewed by this Division. A recommendation of approval will be given to the Colorado Water Pollution Control Commission. Unless you hear from us to the contrary, you may assume the Commission has approved the application. The application is being returned to the Weld County Health De- partment for action on individual sites. Yours very truly, FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION Ronald G. Schuyler �Nk�, \.a� District Engineer o � `G, ? RG S:bs c3) a4`Vii` N.// 9e- C r- ecc: Weld County Health Department , p®°' ledc^h /Weld County Planning Department n �° at ' � n®ufl,• To Planning Commission Date July 2 , 1975 COLORADO From subject Northwest Estates 4th Filing Access to all lots should be made from internal streets and no access granted on County Road #15 or #76 except for lots 23 and 24 which should be defined on final plat and approved by the Weld County Engineering Department as to type and location . Also this office would request drainage plans , a typical road section , and what streets are to be paved. From the numerous street complaints and the length of time lapse to the first filings of this subdivision the indications would seem to be , the need is not there for a Fourth Filing at this time and the other filings should be nearer completed prior to accepting more dedications of streets and easements, therefore perhaps thhiiJss zone change request is a little premature . Gi man E . Olson Engineering Department T-." O aw N . ? mennowinDunip WIDcTo Gary Fortner Date August 1 , 1975 COLORADO From Latest plan—Northwest Acres sob;eo:: I have reviewed the latest edition of Northwest Estates . If access to the existing County Roads can be limited to no more than 4 new accesses plus the two accesses of the interior road to road 15 then this Department would have no objections to the new geometric layout of the proposed subdivision . Prior to final approval a complete set of engineering plans including drainage , street grades , typical road sections and other pertinent information would have to be presented to this office for review. If you have any additional questions , please feel to call me. - Richard L. Straub mfm OFFICE OF THE SHERIF ERNEST D. BOWI SHERI RICHARD E.SHOCKLE UNDERSHERI O PHONE 13031352-22 Will oGREELEY,COLORADO 806 SHERIFF SUB STATIC COLORADOSERGEANT JERRVSMI PHONE 13031 857-24 FORT LUPTON, COLORADO 806 July 10, 1975 Mr. Thomas E. Honn Zoning Administrator Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 RE: Foster & Schott Ent. - Northwest Estates Dear Mr. Honn: a I have reviewed the application for change of zoning for Foster & Schott Ent., and would have the follow- ing opinions and facts to state: 1. Distance from our Greeley office is approximately 21 miles, which would indicate a response time of approximately 25 minutes which is, in our opinion, critical. 2. The rate of growth in this general area is such that it will soon have an effect on our overall workload. With the Roth Subdivision to the west and Foster and Schott' s original subdivision to the north, we are speaking to a population, when completed, of approximately 200 people based upon the average American family, which is equal to and greater than some of the existing towns in Weld County. The ability of the Weld County Sheriff' s Office at this time to provide effective police service to this area is greatly hampered. However, I would have no comments to make as to whether or not the variance should or should not be granted. Sincerely, �Za293 31 73) 1 , ASCIIlip ap RICHARD E. SHOCKLEY np�3 Undersheriff ��!�1.e �� RES/skb �� t� „Do, � • Rp;ic�'HrRr D. LAMM 6AL16Y14+iN;;;f5EipVi h � l JOHN W. ROI Governor r�y� i. Director �N M COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 254 COLUMBINE BUILDING — 1845 SHERMAN STREET DENVER, COLORADO 80203 PHONE 892-2611 July 31, 1975 Mr. Gary Z. Fortner Director of Planning Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Dear Mr. Fortner: RE: FOSTER AND SCHOTT ENTERPRISES SUBDIVISION This letter confirms the items discussed in the phone conversation of July 30, 1975 concerning the above proposed subdivision. Based on our knowledge of the area and the preliminary subsoil investigation by Nelson-Haley-Patterson & Quirk, Inc. , it appears that there is no geologic reason why this subdivision should not be approved. This submittal, however, does not comply with the requirements of Senate Bill 35 which states that a geologic report should be prepared by a professional geologist ( H.B. 1574) and submitted to the county for the review process. In this particular case, we are very familiar with the geology and can therefore advise you that there are no severe geologic constraints on this site. We do, however, recommend that all subdivisions be required to submit a geologic report which discusses the geologic conditions which would affect the proposed subdivision and how the proposed land-use would affect those geologic conditions. Clearly, we cannot take the place of a consultant who relates the specific site to the proposed land-use change as a result of a detailed field investigation. If we can be of further assistance, please contact our office. Sincerely, David C. Shelton .� v Engineering Geologist DCS/JP fJ C^n cc: Nelson-Haley-Patterson & Quirk, Inc. • Land Use Commission y"` GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE "h TRUSTEES: Ut: w ti oA �1 or AVs Roland Margheim, Mayor Alvin Schlothauer `r Q�}4, P.O. BOX 621 WINDSOR, COLORADO 80550 Helmut Hettinger July 31 , 1975 Weld County Planning Commission 1516 Hospital Road Greeley , Colorado 80631 Dear Sirs: At your request , the Windsor Town Council reviewed the proposed Northwest Estates development plan, and would like the following comments to be considered in your determination. This proposal is the same design and location as one reviewed by the Town of Windsor in August of 1971. The Council does not feel that conditions have changed since that date and therefore the same reasons for recommending against this proposal apply. The proposed subdivision is outside of the Windsor com- prehensive planning area and again the Town does not see the value or agree in the rational of encouraging scattered rural development. The Town does; agree with the concept of the Weld Comprehensive Plan, which reco- mmends that new development be directed to the areas directly adjoining incorporated municipalities. In this way services do not have to be extended undue distances and greater economy is realized. I have enclosed copies of past correspondance regarding this matter for your information. The Town of Windsor appreciates the opportunity to comment and requests that this proposal be denied. Sincer ly , Thomas W. Rounds Town Planner Wayne Lutz Sam Schaucrman ilk/NI WIN DSOf� Jack Manion Clerk:T� Edward Eichorn Helmut Hettinger Duane McDonald W. WAYNE MILLER, Mayor • • Francis Osburn Windsor, Colorado 80550 August 16, 1971 • • Weld County Planning Commission Weld County Services Building Greeley, Colorado 80631 Gentlemen: The Windsor Planning Commission at its meeting August 3, 1971 voted to oppose the new Foster-Schott Subdivision on the grounds that it did not fall within Windsor's comprehensive plan, and that the town could not see any value in encouraging scattered rural development outside the Windsor comprehensive. plan. It was also felt that this type of development did not fit with the policies that the county is trying to develop, that being to encourage development around existing communities. Respectfully, Glenn E. Anderson Chairman Windsor Planning Commission GEA:jb • April 19, 1971 Weld County Planning Commission %Dorothy Hill, Sed. Weld County Services Bldg. Greeley, Colorado 60631 Gentlemen: The Windsor Planning Commission, at it's special meeting on • April 16 voted to go on record as opposed to tin Fostez- Schott subdivision as it is not within Windsor's comprehensive plan. The general feeling of the Planning Commission was that this development was of high quality and regret that it is not nearer to Windsor. Sincerely, Glenn E. Anderson, Chairman Windsor Planning Commission GEA t cum i 1 NN " BILLINGS 1n�E LD.; COUNT r , 3OM 6' iRFELEY, COLO. COLORADO) HA':LLD . ANDERSON. '. 550-TLM Rr ,R .OvSTOw N. CO O OFFICE OF eur“,-.v LORENSON q THE WELD COUNTY PLANNING COMMISSION I/ARE 'AL'_ H ANDERSON. Ts34'1 ” pre Nr A C z? Q}i Ef'LE!V.C.O LO:, . 4/12/71 Windsor Town Board Windsor Town Hall Windsor , Colorado Gentlemen : I regret not being able to be at your meeting tonight to express my opinion on the Foster and Schott rezoning and subdivision four miles north of Windsor . The Weld County Planning Commission is trying to work very closely with the towns on a plan for the County and the towns and especially those towns that already have a Comprehensive Plan , such as Windsor so their plan can become a realization . The County ' s goal is to encourage development around existing communities where facilities and utilities are available . These facilities and utilities are such things as schools , parks , police and fire protection , sewer and water , also to prevent urban deveopment from taking place in a rural disguise . As the Planner for the Town of Windsor , I cannot see any value in encouraging scattered rural de- velopment outside the Windsor Comprehensive Plan , because I don ' t feel that Windsor will see total realization of their plan . I also feel that this proposed development would be drawing a percentage of growth away from Windsor . CENTURY G W. E LD? CO:U N;TYI COLORADO) ' HAcs:D W ANDERSON. OFT ICE OF L.,IRM.--,N LCRrNSCN TUE A•VELD COUNTY PLANNING COMMISSION _,.o r. r_ ..FA V AR5 -4 LL H A`.�'?RSCN. •nC ]zl n 2 GREECE Y,.C OLO. -2- • For these reasons I feel disapproval should be given to the Foster and Schott development .Yd) urs truly , r Dennis Planning Coordinator Weld County Planning Commission Planner Town of Windsor CENTURY rip .> OFFICE OF THE SHERIF ERNEST D. BOWE Vie SHERIF RICHARD E. SHOCKLE UNDERSHERIF PHONE 13031 352-221 ei GREELEY,COLORADO 806: SHERIFF SUB STATIO SERGEANT JERRY SMIT COLORADO PHONE (303) 857-24C FORT LUPTON,COLORADO 806: July 10, 1975 Mr. Thomas E. Honn Zoning Administrator Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 RE: Foster & Schott Ent. - Northwest Estates Dear Mr. Honn: a I have reviewed the application for change of zoning for Foster & Schott Ent., and would have the follow- ing opinions and facts to state: 1. Distance from our Greeley office is approximately 21 miles, which would indicate a response time of approximately 25 minutes which is, in our opinion, critical. 2. The rate of growth in this general area is such that it will soon have an effect on our overall workload. With the Roth Subdivision to the west and Foster and Schott' s original subdivision to the north, we are speaking to a population, when completed, of approximately 200 people based upon the average American family, which is equal to and greater than some of the existing towns in Weld County. The ability of the Weld County Sheriff' s Office at this time to provide effective police service to this area is greatly hampered. However, I would have no comments to make as to whether or not the variance should or should not be granted. � 14) 31 2a Sincerely, zva RICHARD E. SHOCKLEY/ cat RICHARD 3 Undersheriff QP LeX IN)) RES/skb cn • menoRi (1Duni To Planning Commission Date July 2 , 1975 COLORADO From _ Northwest Estates 4th Filing subject: Access to all lots should be made from internal streets and no access granted on County Road #15 or #76 except for lots 23 and 24 which should be defined on final plat and approved by the Weld County Engineering Department as to type and location . Also this office would request drainage plans , a typical road section , and what streets are to be paved. From the numerous street complaints and the length of time lapse to the first filings of this subdivision the indications would seem to be , the need is not there for a Fourth Filing at this time and the other filings should be nearer completed prior to accepting more dedications of streets and easements , therefore perhaps this zone change request is a little premature . Gi man E . Olson Engineering Department C./ - ' tteir Ca r „• ;\ a Jil; 19/5 7.s it RECEIVED � c-. Weld twig rx Jerry Thoutt 02.0 7627 7627 County Road 15 Windsor, Colorado 80550 July 29, 1975 Feld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Dear Mr . IIoIn: Pe appreciate being notified of the forthcoming meeting concerning the zone change of the property of foster and Schott Enterprises . Since we were the first people to build a single family dwelling from Foster and Schott, construction beginning November 1972, we have encountered numerous ,1uestionable as well as disappointing feelings concerning the poor management of tids subdivision. Listed Belo - are just a few reas.Lns wily we strongly are against farther usage of agricultural land. for the 4th filing by Foster and Schott. 1. Foster and Schottrs intentions are good but that is as far as it goes . The roads will be oiled--but when? If roads arc county approved as they are supposed to be why is all the water not draining in front of the duplexes causing mud and stagnant pools . 2. Foster and Schott start sonmething and can't complete it because of their claimed excessive work. Lots that are not sold are a weed nuisance. A "spec" house built by Foster and. Schott (started prior to ours) which is still not sold has literally been unkept. A four and one-half foot trench one-hundred feetlong was dug in June 1974 on tiffs lot for the sprinkler system which was not filled until late in the f;.... 1. Irrigation waste water from their farm ground stood in this trench all summer creating a hug and weed nuisance . This mess was 75 feet from our ratio and back door and was right beside our leach field. The final completion of this sprinkler system was not finished until last week, July 24, 1.975. iink Mr . Thorns E. Holm Page 2 July 29, 1975 Also, the duplex properties of this enterprise are a disgrace not only to Northwest Estates but to all adjoining farms and other properties . Until the week of July 20, 1975, weeds grew to the height of a Chevrolet cr . This was only a few feet from the duplex -nd right along Northwest Drive, the main road into the subdivision, Also, the entire acreages belonging to these duplexes are similar and have been for over two years . 3. Foster and Schottts present filings of Northwest Estates have lid numerous problems with the water corporation, mL'.inly the development and distribution of water . 7e feel the ';:rob l ell`s ...no feelings Taunt be overcome before they aiemagnified with further filings . 4. It is obvious to any perspective buyer driving in our subdivision th '.t as yet this is not an LprTeciating subdivision, but a depreciating one. The Door upkeep of the enterprises own property plus the amount of dissatisfaction among the owners arc enough to dis- courage any cap .bie buyer. Eight houses have been built by this enterprise since November 1972, three of these houses have been purchased and again -out up for sale by unh'ppy owners, one house has never been sold, one house Robert Foster lives in himself---this leaves only three houses , in- cluding our can that hove and still are o ned and not for sole by original owners . .._--thus has to be solved! Agc.-a.in, we or against any furtiar filings of this subdivi- sion at the present time and at least until tnley get the first three filings under control. C`'icerned Owners, Jerry'and Margaret Thoutt c \ 1 R.4' —\ .cr�"eA �� I ' \ <•-•,\. ),:c.:,.,.1., 31_ Ci \� .�c7 -QC; (Tcz c) ., e( ".1/4..N L�S�c. c Ac --\\•-c_ C�1,,,C ,kA a -4< - L.S. � cv‘A \o \-\c`>\0. __X≥ho�� LCD t'.-\o ,\. Uri L 4.. NA. F---;`-.5,-ten C4- f---=L1ti��u_':v",kLA'� L:-�Ie e�!��. � I� c 4-; •-_\_K•Lc- \Nao.. zcu-1P- - \e ow C�J c -�, L;.E'w 0.3.-S >\-caAG \OC.-cc L itA & 6-V ln?2_, F C'`3..CP. C C.AN Q'N lR%c.-- l'.tc.A :Ctiry.-:``:, C,L1.\ \le rtc,..t, Q\ ‘nO-\\L\ Ctr-c- �-tc/� �' l'tY l_ l ?c r34S6' rP o des , c r� W'r • • LAKi. LEE LAT_,3AL CO. HT . GPIL' WINDSOR, COLORADO August 2 , 1971 Weld County Planning Cor,mission Court House • Greeley, Colorado Dear Sirs ; In reference to the proposed Northwest Acres Subdivision which borders a portion of Lake Lee Lateral, a twenty (20) foot easment from the edge of the concrete lateral will be adequate . Drainage will be allowed to flow into the Lateral as it has in the past , since the developers have agreed to build a dike so as to only allow drainage to enter the Lateral at two or throe points through no larger than twelve (12) inch drain pipes with trash racks , Directors Pr pert Owners Involved .1.1-/ 2 1... 17 11..1-- 21 ; 72179 ( , Jul ;r 0, -' 'r o 'a , �S .,,.i:). 0,'C Ola:;^ CT ^:'I0 -jot. 'fi(' L of '. _ 3:5 L � V,"'C _�',i!�('i � it _.. - Ci ) 1'_ :.._. : 7 (.7j'ath 271 13n29303' I 4 4 V . �^ • • SURROUNDING PROPERTY OWNERS Z-255 Foster and Schott Enterprises Elmer J. Hoff, Rt. 1 , Box 155 - Windsor, Colorado 80550 Alex Roth, Jr. - Rt. 1 , Box 166 - Windsor, Colorado 80550 Fred Ziel - Rt. 1 , Box 163 - Windsor, Colorado 80550 Edward Heinze - Rt. 1 , Box 162 - Windsor, Colorado 80550 James A. Ochsner - Rt. 1 - Windsor, Colorado 80550 Fred Ehrlich - Box 15 - Windsor, Colorado 80550 Emerson G. Cullison - 608 35th Avenue Court - Greeley, Colorado 80631 Robert H. Walker - Rt. 1 , Box 177 - Ft. Collins, Colorado 80522 Leland Schroeder - Rt. 1 - Windsor, Colorado 80550 Sharon Lowe, % Sheridan S & L Association - Box 956 - Windsor, Colorado 80550 Artie Alexander - Rt. 1 - Windsor, Colorado 80550 Bert Leautaud - Box 923 - Buffalo, Wyoming 82834 Gary Roth, % Alex Roth, Jr. - Rt. 1 , Box 162C - Windsor, Colorado 80550 Esther Miller - 6800 Monroe Street - Commerce City, Colorado Dennis Magstadt - 217 Chestnut - Windsor, Colorado 80550 Randal Cooper - 232 E. Swallow Road - Ft. Collins, Colorado 80521 Erika Franikowski - Rt. 1 , Roth Subd. - Windsor Colorado 80550 Harvey Roth - Box 95 - Windsor, Colroado 80550 Edward C. White, Jr. , % Terry Scoby - 1012 9th Avenue - Greeley, Colorado 80631 Laramie Weld Water Storage Co. - Windsor, Colorado 80550 Jerry Thoutt - Rt. 1 - Windsor, Colroado 80550 Irene Kurtz - 7621-A, Co. Rd. 15 - Windsor, Colorado 80550 Floyd Huff, % Sheridan S & L Association - Box 956 - Windsor, Colorado 80550 Drew Scheltinga - 7621-C, Co. Rd. 15 - Windsor, Colorado 80550 John Isaak - 7629A Co. Rd. 15, Windsor, Colorado 80550 James Perry - 7637A. Co. Rd. 15 - Windsor, Colorado 80550 0 • Elmer J . Hoff Gary Roth Foster & Schott Enterprises Rt 1 Box 155 c/o Alex Roth Jr. Windsor , CO 80550 Rt 1 Box 162C Windsor, CO 80550 Alex Roth Jr . Rt 1 Box 166 Esther Miller Windsor, CO 80550 6800 Monroe St . Commerce City, CO 80022 Fred Ziel Rt 1 Box 163 Dennis Magstadt Windsor , CO 80550 217 Chestnut Windsor , CO 80550 Edward Heinze Rt. 1 Box 162 Randal Cooper Windsor , CO 80550 232 E . Swallow Rd Ft. Collins , CO 80521 James A. Ochsner Rt 1 Erika Franikowski Windsor, CO 80550 Rt 1 Roth Subdivision Windsor , CO 80550 Fred Ehrlich Box 15 Harvey Roth Windsor, CO 80550 Box 95 Windsor, CO 80550 imerson G . Cullison 608 35th Ave Ct Edward C. White Jr . Greeley, CO 80631 c/o Terry Scoby 1012 9th Ave Robert H. Walker Greeley, CO 80631 Rt. 1 Box 177 Ft . Collins, CO 80522 Laramie Weld Water Storage Co. Windsor, CO 80550 Leland Schroeder Rt 1 Jerry Thoutt Windsor , CO 80550 Rt 1 Windsor , CO 80550 Sharon Lowe c/o Sheridan S & L Assn. Irene Kurtz Box 956 7621-A Windsor, CO 80550 Co . Rd 15 Windsor, CO 80550 Artie Alexander Rt 1 Floyd Huff Windsor , CO 80550 c/o Sheridan S&L Assn. Box 956 Bert Leautaud Windsor , CO 80550 Box 923 Buffalo, WY 82834 Drew Scheltinga 7621-C Co. Rd 15 James Perry Windsor , CO 80550 7637 A Co . Rd 15 Windsor , CO 80550 John Isaak 7629A Co . Rd 15 Windsor , CO 80550 Hello