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Home My WebLink About20102254.tiff Esther Gesick grom: Chris Gathman nt: Friday, September 17, 2010 10:27 AM o: Esther Gesick Subject: FW: Wigaard Smith Attachments: forrest.doc Esther, Here is an exhibit for PZ-1150. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: CLIFF MCKISSACK [mailto:cliffmckissack@q.com] Sent: Friday, September 17, 2010 10:06 AM To: Chris Gathman Subject: Wigaard Smith ris, Attached is letter responding to the alternative water supply for Wigaard Smith. Please let me know if you have any questions or need any additional information. Thanks. Have a good weekend. Cliff • 1 2010-2254 • JCM DEVELOPMENT, LLC 8300 GARLAND DRIVE TELEPHONE (303)431-1921 ARVADA, CO 80005 September 17, 2010 Mr. Chris Gathman, Planner III Weld County Department of Planning Services 1555 N. 17'"Avenue Greeley, CO 80631 RE: Wigaard Smith Case#PZ-1150. Wigaard Smith Estates Section 27-2-170 Weld County Code- Public Water Provisions Dear Chris: Reference is made to Section 27-2-170 of the Weld County Code regarding provisions for a permanent water supply alternative for future water supplies. As indicated in the water supply report provided by Forrest Leaf, dated July 26, 2009, a 300-year water supply has been decreed pursuant to 06CW181 and is available from the Lower Arapahoe and Laramie-Fox Hills aquifers. It is anticipated by looking at current development patterns that water will be available to this subdivision and other properties in the area by central water systems expanding from either the Town of Keenesburg or the Town of Hudson. If at that time water supply from these aquifers is no longer available the water system for Wigaard Smith Estates could be connected to a town central water system. • Please let me know if you have any questions or need any additional information. Sincerely: J. Clifford McKissack Agent for the owners • .r tc( MvicnR1 • otenctu gorti n a S Agreement for PUD Subdivision Conditions This agreement between Rocky Mountain Wildlife Conservation Center inc.. a Colorado Non-profit Corporation doing business as The Wild Animal Sanctuary (hereafter referred to as TWAS), and Sherry A. Wigaard and Velois A. Smith owners (hereafter referred to as Developers)of proposed PUD with 8 residential lots and 4 oullots is established in order to protect the Sanctuary from adverse compatibility issues that may arise through the establishment of a residential subdivision adjacent to The Wild Animal Sanctuary. Both parties agree the potential for compatibility issues arising is significant enough to willingly agree to enter into the following stipulations: 1) The Developers agree at their expense to erect an eight foot tall privacy fence across the entire western boundary line of the development with an inset of at least eight feet from the Sanctuary's Habitat Fencing. a) Fencing is to be erected prior to any lots being marketed or sold. b) TWAS agrees to cover up to 20%of the fencing cost in order to offset costs associated with the 8' height requirement. �) Developers agree to create a Home Owners Association(HOA)with a perpetual three person Board consisting of Sherry Wigaard, Velois Smith, and the acting Executive Director of The Wild Animal Sanctuary(currently Pat Craig). a) The FIOA is to be created prior to any lots being marketed or sold. b) The HOA Board will create a requirement for all potential empty lot or home buyers to be interviewed prior to any purchase being approved concerning their knowledge and understanding of a wild animal sanctuary being located next to the subdivision, and prior to their purchasing a lot or home. they must sign a disclaimer stating they are fully aware and in complete acceptance of the sounds,smells, dangers and other potential issues that may exist with a wild animal sanctuary being located adjacent to the subdivision they are choosing to move in to. c) The Board will create a Home Owners Association requirement for the two lots that are located at the western edge of the development and adjacent to Sanctuary property that stipulates all current and future owners will not erect. build or temporarily place structures or other items against or within 20 feet of the privacy fence that was erected to restrict public viewing of the animals in habitats,and that utilizing any buildings, structures or other elevated objects to enable viewing of the animals in the Sanctuary' Habitats is strictly prohibited. d) The HO.A Board will create a bylaw that stipulates in the event Sherry Wigaard or Velois Smith dies, their successor(s) to the BOA Board are to be picked and appointed by the HOA Director representing TWAS. 3) The Plot Plan submitted and recorded as part of the PUD approval through Weld County shall have the "Weld County Right to Farm Statement",as well as "l'he Wild Animal Sanctuary Statement" printed on it. a) "Weld County Right To Farm Statement" Weld County is one of the most productive agricultural counties in the United States.typically ranking in the top ten counties in the country in total market value ofagricultural products sold. The rural areas of Weld County may be open • and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recd nize and accept AIM 11111111311101111 MUM Inn IIII lilt 3733961 11/22/2010 03.201' Weld County, CO 1 of 3 R 21.00 D 0.00 Steve Moreno Clerk d Recorder eau • °rP The wil nA tot ii t • `x4 Ve O AD ,° enctu arty j. there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness. wildlife, lack of city noise and congestion. and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions o'.urban users into a rural area. Well-run agricultural activities will generate off-site impacts. including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work. harvest and gravel roads:odor from animal confinement. silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trappinE.activities: shooting sports. legal hazing of nuisance wildlife;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation ;hall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been.and continues to be,the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County. property owners and residents must realize they cannot take water from irrigation ditches, lakes or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand(4.000 square miles in size(twice the size of the State of Delaware)with more than three thousand seven • hundred(3.700) miles of state and Count roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the Counts. and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance and fire. Fire prctection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not he cleared for several days after a major snowstorm. Services in rural areas. in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches, electrical power for pumps and center pivot operations,high-speed traffic, sand burs, puncture vines,territorial farm dogs and livestock and open burning present real threats.Controlling children's activities is important,not only for their safety. but also for the protection of the farmer's livelihood.(Weld County Code Ordinance 2002-6: Weld County Code Ordinance 2008-13) b) Wild Animal Sanctuary Statement" 4) The Wild Animal Sanctuary is one of the largest Sanctuaries in the United States that houses large carnivores. The land utilized by The Wild Animal Sanctuary that is adjacent to this development may be open and spacious.but is intensively used for agricultural operations including rescuing. housing and caring for hundreds of wild and dangerous animals, as well as domestic kennel operations. Persons moving into the area must recognize and accept there arc drawbacks, including conflicts with long-standing agricultur& and wildlife sanctuary practices. Along with the drawbacks come the incentives which attract urban dwellers to relocate near the Sanctuary: open views. spaciousness. rare and exotic wildlife and the natural sounds they emit such as wolves howling and lions roaring. Without the Sanctuary operations,those features which attract urban dwellers to visit or live near the refuge would quickly be gone forever. Agricultural and sanctuary related uses of the land should not be expected to change to accommodate the intrusions of urban users into the area around Sanctuary's operations. Well-run sanctuary activities will generate off-site impacts, including noise from heavy equipment: slow-moving vehicles on rural roads, visitor traffic; dust from animal pens,field and habitat work and • gravel roads: odor from animal confinement. animal food and manure: smoke from ditch burning; excessive flies. 11111111111111111 III 111111111111111111III1111111111111 2 I' .t . 3733961 1112212010 03:20P Weld County, CO 2 of 3 R 21.00 D 0.00 Steve Moreno Clerk& Recorder `\�dlire t ,xt ' �/' I�i ` _ .., i r- O _ , .. 44 a bp. A. 4 ttnctu pierty seagulls. starlings and mosquitoes;and the use of pesticides and artificial lighting at night. It is common practice for agricultural and sanctuary operations to utilize an accumulation of agricultural and construction machinery and supplies to assist in their operations. A concentration of miscellaneous agricultural and building materials often produces a visual disparity between rural and urban around the Sanctuary. Section 35-3.5-102. C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural operations. People are exposed to different hazards living near an exotic animal sanctuary than in an urhan or suburban setting. Wild animals present real threats when harassed, stimulated or frightened, so controlling adult and children's activities is important, not only for their safety. but also for the protection and wellbeing of the rescued animals. The above sty>d cpnditions are hereby acknowledged and agreed to by all parties. signed / 1,4---7'/ Date /7410 C /1 ---Date c�/c''C_) P t 1L —_J f__ /—/ Wigaard, Executive Direr_tor Ow er/Developer Rocky Mountain Wildlife Conservation Center. Inc.. ) a Colorado Non-profit Corporation i *ha The Wild Animal Sanctuary(TWASI / . i_ l K . %�lld:bate _--(21 - -' eois� ' Owner/Developer STATE OF COLORADO ) ) ss. County of Weld ) The foregoing Agreement was subscribed and sworn to before me this 26th day of September. 2010. by Pat Craig, Sherry A. Wigaard. and Valois A. Smith. WITNESS my hand and official s N .0.0 /� [,4/y't iJ I2((A„._J My Comq),in54Ni4tEa Tres: L NOTARY PUBLIC poiAgy u,t. PUII.IC ' ark. ... ...." t9: Otecotel 1,,n Fxr.oef.fe 3733961 11/22/2010 03:20P Weld County, CO 3 of 3 R 21.00 0 0.00 Steve Moreno Clerk& Recorder • 3JPa ; Hello