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COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Owl Investments LLC
RE -4887
Planner: C. Gathman
Legal Description:
Lot B of 2nd AMRE-3697; Part of Section 35, T8N, R65W of the 6th P.M.,
Weld County, CO.
Parcel ID #:
0551 35 300002
Lot A Size:
+/- 2.5 acres
Lot B Size:
+/- 2.5 acres
Lot C Size:
+/- 2.5 acres
Lot D Size:
+/- 120 acres
Water Source:
Proposed Individual Wells
Sewer System:
Proposed Individual
Septic Systems
Yes No
X
Criteria Checklist
1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
SQL-"l/f,P %
2009-1336
1
2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D.
Property owners are advised that the quantity of water available for usage may be limited to specific uses,
i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
3. Topographic or physical features of the proposed Lots A, B and C, such as ravines, ditches,
streams etc. may limit the area available for a new or replacement septic system. Prior to recording the
plat the Weld County Department of Public Health and Environment recommends that the applicant
review the Weld County Code pertaining to septic systems to assure that any installed septic system will
comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient
size to allow the installation of a septic system the lot may need to be enlarged.
4. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
5. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 0551-35-3 RE -4887
The applicant shall submit a proposed building envelope(s) for Lot D to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
C. Lots A, B and C and D shall share an access, no circle drives or additional accesses shall
be granted. The access road shall be graded and drained to provide all weather access.
Accesses shall be placed in such a location as to have adequate sight distance in both
directions, shall not be placed below the crest of a hill or where physical obstructions are
present and shall be a minimum distance of 75 feet from any intersecting County or State
roadway.
The applicant shall do one (1) of the following:
A minimum 60 -foot wide access and utility easement from County Road 45 along with a cul-
de-sac with a minimum 65 -foot radius shall be indicated on the plat. The access and utility
easement shall be referenced on the plat by the Weld County Clerk and Recorders
reception number.
OR
Lot C of RE -4692 shall be amended (via a corrected plat) or Lot A of AMRE-3697 shall be
amended on the 2n° AMRE-3697 plat to allow for a 60 -foot flagpole connection to County
Road 45. A 60 foot wide joint access and utility easement along with a cul-de-sac with a
minimum 65 -foot radius extending across Lot D from County Road 45, for the benefit of Lots
A, B and C of RE -4887 and Lot B of AMRE-3968 along with future subdivisions of Lot B,
shall be shown clearly on the plat. The joint easement shall be dedicated for the use as
shown using the language set forth in the Weld County Code, Appendix 24-F.2. The
easement shall be graded and drained to provide all weather access.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
E. County Road 45 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. All setbacks shall be
measured from the edge of right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
F. County Road 88 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. All setbacks shall be
measured from the edge of right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County
G. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated February 4, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
H. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for access improvements. The
applicant shall submit to the Department of Planning Services an itemized landscaping bid
for review. The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the recorded exemption
plat. Or the applicant may submit evidence that all the work has been completed and
approved by the Department of Public Works.
I. The applicant shall address the requirements of Weld County School District RE -9.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
J. The 2n° AMRE-3697 and 2"° AMRE-3698 plats shall be submitted for recording prior to, or at
the same time, as the RE -4887 plat.
K. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should
not include reserved road right-of-way.
L. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
M. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
N. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. Any construction within a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) WARNING: Part of LOT D MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lot D may not be
able to obtain building permits to construct non-agricultural structures. All
construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0480 C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59 and
60.
5) The installation of any septic system within the 100 -year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed with in the floodway.
6) All structures requiring building permits shall be located within the designated
building envelope.
7) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
8) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability.
9) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Ault Fire Protection District to the Weld County Building Department.
10) Potential purchasers should be aware that Lots A, B and C may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals. The State Division of Water Resources issues all well permits.
11) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically there after.
12) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
13) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
14) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
15) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
16) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
17) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
18) WELD COUNTY'S RIGHT TO FARM: 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 of agricultural 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 recognize and accept 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 of 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 trapping
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
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 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 County 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 County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection 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 be 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.
6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(&co.weld.co.us.
9. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By Date April 19, 2009
Chris Gathman Planner Ill
a,mt
INK
MEMORANDUM
TO: Tom Honn — Planning Director
FROM: Chris Gathman — Planner III
SUBJECT: Background for RE -4887 & RE -4888 proposal (6 RE lots
sharing a single access)
Proposal: Kelley Hammel (Owl Creek Investments LLC) submitted two separate and adjacent 4 -
lot recorded exemption applications. The proposal had a total of 6 lots (Lots A, B and C and RE -
4887 & Lots A, B and C of RE -4888) sharing an access point off of County Road 45. The
applicant was proposing to cluster these lots in an unproductive/unirrigated portion of the
property to allow the remainder of RE -4887 and RE -4888 to remain intact. These areas are
currently under a sprinkler pivot and pasture.
Staff Recommendation: After meeting with the applicant and having discussions between the
Department of Planning Services and Department of Public Works, the Department of Planning
Services decided to administratively approve RE -4887 and RE -4888. Staff felt that the proposed
lot layout would accomplish the goal of helping preserve the sprinkler pivot and pasture land.
However, staff wanted to ensure that conditions were in place to guarantee an adequate internal
access to the lots (similar to a subdivision or PUD standard). Therefore staff attached with the
following conditions of approval:
1) Lots A, B and C of RE -4887 and Lots A, B and C of RE -4888 share a 60 -foot access
easement with a 65 -foot radius cul-de-sac turn -around.
2) An on -site maintenance agreement for the interior roadway and access for
construction along with collateral would be required to be submitted and accepted by
the Board of County Commissioners prior to recording the plats. The internal should
be graded and drained to require an all-weather access.
3) All requirement of the Department of Public Works (re: access, stop sign, culvert,
access maintenance, dust mitigation, drainage) as stated in their 2/4/2009 referral
would need to be addressed prior to recording the plat.
PROPOSED RECORDED EXEMPTION
Section 35, T8N R65W
Parcel No. of Subject Property: 0551-35-3-00-002
Owl Investments LLC —4660 Getaway Dr — Berthoud. CO 80513
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RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE
RECEIPT/AMOUNT # /$
APPLICATION RECEIVED BY
DATE RECEIVED
CASE # ASSIGNED
PLANNER ASSIGNED:
Parcel Number C 5 $ L- 3 3 - 0 Po- 0, 02
(12 digit number - found on Tax I.D. information, obtainable pat the Weld County Assessor's Office or www.co.weld.co.us)
Legal Description Lot 5 /-�m 4ended, RgJe9 ection J5TTownship eNorth, RangeVWest
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No _
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No ,(
FEE OWNER(S) OFTHEPROPERTY:
:
Name: 0w I T„ Vc5 flenI5 L t L
Work Phone #970-j7. -5133 Home Phone #
Address: 1/66 0 Ge taw ay Dr
City/State/Zip Code Co , ,L-i-r €,) A C
e4 .174-4- 7- 't/1j) t --j°
( eI (<. /T/i Wrrr'rc` l/ 1c opr
Email Address kg /Icy. /1 0 -rime f (7 as;-Peon/De-04
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent)
Name:
Work Phone #
Address:
City/State/Zip Code
Lot A
Smaller Parcel
Lot B
Lot C
Lot D
Water Source
fropoSe 1^)e. l)
PrrPoSed ki2i I
�1 / well
repo OF -4
Type of Sewer
Qr POsed .k'Pi<i't
4ropa;e� . ,r:
n(�YrvvO5ed
/? s2 i Seek
Pro,aojena-mom
Proposed Use
Mr5
Ras
R es
Ay
Acreage
1- (.,,5--�ic
n
t a/5 42
t ctT/ht
:/;10 4-c
Existing Dwellings?
If Yes, list address
below:
If Yes, list address
below:
If Yes, list address
below:
If Yes, list address
below:
Home Phone #
Email Address
If the property is vacant or unimproved wnte proposed water source
example, if a well and septic is proposed state: proposed well, proposed septic.
(We) request that the following described property be designated a Recorded Exemption by the Weld County
Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a
letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,
notarizee included showing the signatory has to legal authority to sign for the corporation.
/ hits-Ao-,
tufe:`bwner or Authorized Agent
il170re-f K - jia si.nel a3 mo.4o yer
Signature: Owner or Authorized Agent Date
RECORDED EXEMPTION (RE) QUESTIONNAIRE
Owl Investments LLC
4660 Getaway Dr
Berthoud, CO 80513
Tel: 970-532-5433
Contact Name: Samuel "Kelley" Hammel
Parcel No. of Subject Property: 0551-35-3-00-002
Legal: Amended Lot 'B' of RE -3697, Portion of Section 35-8-65, Weld County, Colorado
Water Supply:
Lots A, B and C will receive domestic water from proposed wells to be permitted and drilled at the time of construction.
Lot D will continue to be farmed as Ag land, but any future domestic water needs will be from a proposed well to be
permitted and drilled at the time of construction.
Irrigation:
Irrigation water will remain with Lot D.
Sewage Disposal:
At the time of construction is approved, Lots A, B, C and D will install an engineered septic system, constructed and
permitted according to Weld County ISDS requirements
Current Uses of Property:
The site use is currently a combination of an irrigated farm and unproductive dry land. There are no buildings or other
structural improvements.
New Lots:
Lots A, B, and C are clustered on the west edge of the property in un-irrigated unproductive dry land in order to preserve
irrigated agricultural use of the remaining property and to utilize an existing approved access to CR45. The remaining
120 acres in Lot D will remain Agricultural land.
Unique Physical Features:
There are no unique physical features on the site.
Building Envelopes:
No building envelopes are requested.
Use By Special Review:
No Special Review permits are attached to the property.
Document processing fee
If document is filed on paper
If document is filed electronically
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
�'-Filed
$125.00
$ 50.00
Colorado Secretary of State
Date and Time: 02/29/2008 02:43 PM
Id Number: 20081120203
Document number: 20081120203
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S)
I . Entity name:
2. Use of Restricted Words (if any of these
terms are contained in an entity name, true
name of an entity, trade name or trademark
stated in this docmnent, mark the applicable
box):
Owl Investments LLC
(The name of a limited liability company must contain the term or abbreviation "limited
liability company", "ltd. liability company", "limited liability co. ", "ltd liability co.",
'limited", "Ile" "Mc.", or "ltd." §7-90-601,
❑ "bank" or "trust" or any derivative thereof
O "credit union" ❑ "savings and loan"
❑ "insurance", "casualty", "mutual", or "surety"
3. Principal office street address: 4660 Getaway Dr
4. Principal office mailing address
(if different from above):
5. Registered agent name (if an individual)
OR (if a business organization)
(Street name and number)
Berthoud
(City)
(Province — if applicable)
CO 80513
(State) (Postal/Zip Code)
United States
(Country if not US)
(Street name and number or Post Office Box information)
(City)
(Province — if applicable)
(State) (Postal/Zip Code)
(Country— (( not US)
(Last)
Pier LLC
(First)
(Middle) (Suffix)
6. The person identified above as registered agent has consented to being so appointed.
4660 Getaway Dr
7. Registered agent street address:
ARTORG_LLC
(Street name and number)
Berthoud CO 80513
(City)
(State) (Postal/Zip Code)
Page 1 of 3 Rev. 01/01/2008
8. Registered agent mailing address
(if different from above): (Street name and number or Post Once Box information)
(City)
(State) (Postal/Zip Code)
(Province— if applicable) (Country— if not US)
9. Name(s) and mailing address(es)
of person(s) forming the limited
liability company:
(if an individual) Hammel Samuel
OR (if a business organization)
(if an individual)
(Last) (First)
(Middle) (Suffix)
4660 Getaway Dr
(Street name and number or Post Office Box in/ormation)
Berthoud CO 80513
(City)
UnItf d)states (Postal/Zip Code)
(Province— if applicable) (Country— /not US)
(Last) (First)
(Middle) (Suffix)
OR (if a business organization)
(if an individual)
(Street name and number or Post Office Box information)
(City)
UnAel States (Postal/Zip Code)
(Province —((applicable) (Country —if not US)
(Last) (First)
(Middle) (Snub)
OR (if a business organization)
(Street name and number or Post Office Box information)
(City)
UriiiI States (Postal/Zip Code)
(Province —((applicable) (Country- not US)
(If than three persons are forming the limited liability company, mark this box ❑ and include an attachment stating the true
names and mailing addresses of all additional persons forming the limited liability company)
10. The management of the limited liability company is vested in managers E
OR is vested in the members ❑
11. There is at least one member of the limited liability company.
ARTORG_LLC
Pagc 2 of3 Rcv. 01/01/2008
12. (Optional) Delayed effective date:
(mm/dd/yyyy)
13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If
applicable, mark this box ❑ and include an attachment stating the additional information.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
14. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
Hammel
Samuel K
(Last)
4660 Getaway Dr
(First)
(Middle) (Suffix)
(Street name and number or Post Office Box information)
Berthoud CO 80513
(City)
U rfl ed States (Postal/Zip Code)
(Province — ifapplicable) (Country if not US)
(The document need not state the true name and address amore than one individuaL However, if you wish to state the name and address
afany additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the
name and address M. such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
ARTORG_LLC
Page 3 of 3 Rev. 01/01/2008
V
COLORADO
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM","pp
RECEIVED
TO: Chris Gathman, Planning Services
DATE: February 4, 2009
FROM: Matt Fas, Works, and
Don Dunker, P.E., C.F.M., Public Worksfi'
SUBJECT: RE -4887, Owl Investments LLC
The Weld County Public Works Department has reviewed this proposal. Our comments and
requirements are as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
WCR 45 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is
presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured
from the future right-of-way line.
The most current road count for WCR 45 is 29 AADT taken in June of 2008.
Please explore whether any proposed lots will be affected by nearby sprinkler pivots.
REQUIREMENTS:
1. The applicant shall utilize the proposed residential/agricultural access to the
proposed Lot D.
a. A stop sign will be required on the access onto WCR 45 and shown as a signing
plan on final roadway plans. The current edition of the Manual of Uniform
Traffic Control Devices (MUTCD) shall govern the signing plan.
b. The access easement shall have borrow ditches on each side of the roadway to
adequately handle stormwater drainage.
c. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the
property shall pay for materials and the cost of installation for new road access
culverts whenever the installation of a culvert is made necessary by the creation
of a new access from private property to a County road, by any alteration of the
natural flow of water across private property by the owner, or for any other
reason created by any owner of private property. The culvert shall be installed
according to the specification of the Department of Public Works as to size and
location in the County rights -of -way or other County property in which such
culverts may be installed. The culvert size will be determined in accordance with
standard engineering practices. The property owner shall be responsible for
cleaning the borrow ditch to the extent required to accommodate the road access
culvert and insuring proper drainage.
d. Contact Amy Burry, Utility Coordinator for Weld County Public Works, at (970)
304-6496 for a Right -of -Way Permit for any work that may be required in the
right-of-way on WCR 45. A special transport permit will be required for any
oversized or overweight vehicles that may access the site and may be obtained
by calling Amy as well.
2. The applicant shall place on the plat drawing: 30 -foot access easement across
proposed Lot D for the benefit of proposed Lots A, B & C for RE -4887.
3. The internal local road easement for Lots A, B, & C shall be sixty (60) feet in width
including a cul-de-sac at the southern end with a sixty-five (65) foot radius. The cul-de-
sac edge of pavement or gravel shall be fifty (50) feet.
a. An on -site maintenance agreement with both Schedules A & B filled out shall be
required for the internal roadway and access for construction.
b. Lots A, B, & C shall have only one access onto the internal roadway. These shall
be shown on the final plat.
c. The internal roadway shall have borrow ditches on each side of the roadway to
adequately handle stormwater drainage. If culverts are required for lot accesses,
a 15 -inch corrugated metal pipe is the County's minimum size requirement. If the
applicant chooses to place a larger culvert, please contact the Public Works
Department to adequately size your culvert.
d. Please include the culvert schedule for each lot's access on the on -site
maintenance agreement.
e. Intersection sight distance triangles at accesses/entrances will be required. All
landscaping within the triangles must be less than 3 1/2 feet in height at maturity,
and noted.
f. Please address the issue of who will maintain the internal roadway and access
onto WCR 45.
g. Dust abatement may be required on the internal roadway.
h. Weld County will not maintain the internal roadway or WCR 45 access road.
4. All roadways shall be graded and drained roads to provide an all-weather access.
5. Prior to recording the plat, construction plans for the internal roadway shall be submitted
to Public Works and collateral shall be posted. A grading permit shall be applied for and
granted as well.
a. Construction shall also be completed and be acceptable to Public Works before
the plat is recorded.
6. The drainage of the proposed lots shall not affect the existing drainage of the
surrounding lots.
a. Weld County will not maintain drainage related areas or medians. This must be
addressed by the owner.
7. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds
exist on the property or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling noxious weeds.
8. Proposed Lots A, B, & C ARE NOT within a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA).
9. A portion of proposed Lot D lies in a SFHA defined by FEMA. This SFHA is
delineated on the current effective Flood Insurance Rating Map (FIRM), panel number
080266 0480 C, dated September 28, 1982. Portions of lots located in the current
effective FEMA 100 -year floodplain may not be buildable.
The applicant shall address the comments listed above for this review process. Comments made during
the RE stage of the review process may not be all-inclusive, as revised materials must be submitted and
other concerns or issues will arise during further review. Issues of concern must be resolved with the
Public Works Department prior to recording.
pc: RE -4887 file M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4887.doc
• •
Weld County Planning Department
GREELEY OFFICE
FEB 19 700
RECEIVED
Memorandum
TO: Chris Gathman, W.C. Planning
DATE: February 18, 2009
FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: RE -4887, Owl Investments LLC
Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 127.5 acre
parcel. Lots A, B and C will be 2.5 acres and Lot D will be 120 acres in size. There are no
residences located on any of the proposed lots. The proposed lots will be served by individual
wells and by individual sewage disposal systems when homes are constructed.
The following conditions are recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic systems and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
Please note, the lot owners shall verify with the nearest Town/City or Sanitation District
to determine the location of the nearest sewer line. In accordance with the Weld County
Code, if a sewer line exists within 400 feet of the property and the sewer provider is
willing to serve the proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment.
2. The installation of any septic system within the 100 -year flood plain shall comply with the
Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the floodway.
Additionally, please note the following:
1. This application is proposing wells as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over
time.
2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams,
etc. may limit the area available for a new or replacement septic system. Prior to
recording the plat the Division recommends that the applicants review the County Code
pertaining to Septic Systems to assure that any installed septic system will comply with
all setback requirements found in the Code. In the event the proposed lot is not of
sufficient size to allow the installation of a septic system the lot may be need to be
enlarged.
1
Weld County Referral
WUDc
COLORADO
January 21, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Owl Investments LLC Case Number RE -4887
Please Reply By February 21, 2009 Planner Chris Gathman
Project Four -Lot Recorded Exemption
Legal Lot B of 2nd AmRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld
County, Colorado.
Location South of and adjacent to CR 88 and west of and adjacent to CR 45. For a more
precise location, see legal.
Parcel Number 0551 35 300002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ lie have reviewed the request and find that it does / does not comply with our Comprehensive Plan
Olt We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
(inmment.R.
/Linea )fl� t2expie-t
i ors z/ vM ,4l , ,o no/tent
Signature
Agency
/-22-a9
Date
+Weld County Planning Dept. 918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax
COLORADO
• •
Weld County Planning Department
GREELEY OFFICE
FEB 05 ?nna
RECEIVED
Weld County Referral
January 21, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Owl Investments LLC Case Number RE -4887
Please Reply By February 21, 2009 Planner Chris Gathman
Project Four -Lot Recorded Exemption
Legal Lot B of 2nd AmRE-3697; Part of Section 35, T8N, R65W of the 6th P.M., Weld
County, Colorado,
Location South of and adjacent to CR 88 and west of and adjacent to CR 45. For a more
precise location, see legal.
Parcel Number 0551 35 300002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
1::::;tr'DGe have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request
lnmment c•
Signature
Agency
1 i /N Uq
O �i%� y ?74 Date
❖Weld County Planning Dept. ❖918 10t Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970)304-6498 fax
Case Number: IRE -4887
`Applicant: jOwl Investments LLC
C
Cu'
E
co
O
U)
's=.
L
U
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Additional
Comments
he applicant does an on site soils test prior to any construction. For a more complete soils
t our office at (970) 356-8097. If you or the applicant have any questions please feel free
Prime Farm
Land (if
irrigated)
Yes
�No
Yes
Septic Tank
Absorption
Fields
[Severe
Small
Commercial
Buildings
a'
ET)
a)
a)4)
4))
COCO
0
0
Dwellings with
basements
•
a)
a)
Severe
Dwellings
without
basements
Slight
'Severe
Severe.
Shallow
Excavations
(Severe
C,
LSevere
w
O U Q
-• OO L
Qo
`_
Lo Ts
cv CJ
F.. -p o
Soil Texture
Fine Sandy Loam
Line Sandy Loam I
E
co
O
.J
L'
C
c
CL
Soil Name
Ascalon
Q •
Haverson
`..
o
a -
T
Cl)
vo)o)'
N
Produced by the West Greeley Conservation District
Id County 'Denning Department
GREELEY OFf ICE
FEB 17 7rnjcl
•
g�
RECEIVEWeld County Referral
January 21, 2009
The Weld County Department of Planning Services has received the following item for review:
Applicant Owl Investments LLC Case Number RE -4888
Please Reply By February 21, 2009 Planner Chris Gathman
Project Four -Lot Recorded Exemption
Legal Lot B of 2nd Am RE -3698; Part of Section 35, T8N, R65W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 86 and 1/4 mile west of CR 45. For a more precise
location, see legal.
Parcel Number 0551 35 300004
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
U We have reviewed the request and find that it does /does not comply with our Comprehensive Plan
l[ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comments'
Signature
Agency
-14474n -A7
Date
*Weld County Planning Dept. ❖918 10'" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax
Hello