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Home My WebLink About20081414.tiff CORIRESPONDENM RESPONSE Weld County Planning Department DEPARTMENT OF_ ` j�� u ( �� GREtELEY OFFICE !AAR n6 7008 * * * PLEASE RESPOND WITHIN THREE DAYS.* * * IF RESPONSE WILL BE DELAYED, RECEIVED PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION: • Narrative: ',AA/LC 'it'? fJ%W a g CC �' w ( s c n ppI I , 'ZJ 9 U&k S !Y e-VI" "{IC,' CUV 1 `ew c �, � -5 - -/ k t;j4, �l. ( � � 0 C a-76.01(\ C - CC t+-e/t/ IVH(XIAA- ��,� C uCNK=� . SiNtrvima: w t S 5 s (a,,l,ie(( GiNce ( i b^/1 v ( hlcl � c j Z* Gov/ ^i Me Li) LUG llt MTCHOD OF RESPONSE: - Board Action - Work Session - Letter (Attached) - Telephone Call /� No Response (explain) \-`-' vJ �)VitH 4 \� ;-`'N Garcia Department Head Signature Jerke L-•/' DL BJ RM DR BG Long v Masden ,) ,a-y, II M:\CAROL\OPMAN\RDCOMP2 Rademacher 1Y- i �is /c) O 0ffi, FW, Ft- 2008-1414 MEMORANDUM TO: Case File, PF-1011 Pelican Shores DATE: March 7, 2008 PUD COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Correspondence dated February 12, 2008 Andrew Hawkins-Kimmel to Commissioners Office Pelican Shores PUD - South parcels Mr. Hawkins-Kimmel has been corresponding with County staff since January 21, 2008. His first contact was with the Clerk to the Boards office who provided a contact in the Planning and Public Works departments. Planning staff provided Mr. Hawkins-Kimmel with two 2-set drawings of the Landscape Plans secured from the applicants engineer. This action was undertaken as the Landscape Plans associated with the case were either lost or misplaced. The drawings are not a part of the recorded Change of Zone or Final Plat documents. Mr. Hawkins-Kimmel is the lone property owner in residence within the Pelican Shores PUD. The Covenants for this Planned Unit Development were reviewed and approved by the County Attorney as to content only. In other words, the Attorney's office verifies that specific criteria have been met to assure that the interests of the PUD community have been secured. The following two statements were included in the Final Plat Administrative Comments: The applicant submitted covenants for the northern portion of the subdivision. The application indicates that the covenants for the southern portion are substantially the same. The applicant shall submit three complete copies of the covenants for the southern portion for review and approval by County Staff. (Department of Planning Services) The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Pelican Shores PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. In order to be in compliance with the Weld County Code, Article IV, Section 7 shall be amended to read no sign may exceed two (2) square feet. The covenants shall also be amended to include language expressly stating that river stabilization shall be at the expense of the Home Owners Association. (Department of Planning Services) To the knowledge of the Department of Planning Services, the use of the open spaces and natural amenity are restricted to the development, only. Should others be utilizing the lands governed by the HOA, the matter should be addressed by this entity. County government is not a party to enforcement of the Covenants and HOA rules and regulations. Mr. Hawkins-Kimmel discusses the conditions of the internal roadways. This is a gated subdivision with restricted access with the exception of the residents of the development, their guests and emergency responders. The internal roads within the development are not maintained by the Public Works department. As previously stated, emergency responders have access to the development; however, routine patrol by law enforcement is limited to the public road rights-of-way only and not to the internal roads associated with the development. It is the responsibility of the HOA to obtain the services of others to perform the routine maintenance of snow removal, patching and maintenance. This statement was part of the Administrative comments prepared and approved in association with this development: A Home Owner's Association(s) shall be established prior to the sale of any lot. Membership in the Association(s) is mandatory for each parcel owner. The Association(s) is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) Mr. Hawkins-Kimmel discusses the Site and Overall Utility Plan. Public Works was provided with six complete sets of signed, stamped and dated plans for review and approval and later for the construction of the development. The site utilities associated with this development have been properly bedded within the appropriate easements and rights-of-way within the Pelican Shores residential development. Planning acknowledges that there are oil and gas encumbrances located on site that may also have subsurface pipelines, gathering lines or similar conveyance and storage improvements. Planning suggests contacting the specific oil and gas entity for determination of existing subsurface improvements on each individual parcel. Mr. Hawkins-Kimmel discusses the Landscape component may be in conflict with the drawings of record. Planning staff obtained a copy of the landscape drawings, 2-sheets, prepared by unknown persons. The drawings are not recorded documents associated with the Final plat documents. Nor is the Change of Zone Landscape Plan document recorded at time of the Change of Zone, as such the descriptions identified in one document may not be present in the following document. Review of the Planning Department working Change of Zone and Final Plat planning case files determined that there was no indication that specific trees were to be planted adjacent to internal roads in a formal alignment. All monies associated with the development have been released except for the fifteen percent total for the one year warranty period. These monies will be held until September 24, 2008. End Memorandum. a DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us • PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO April 6, 2008 Andrew Hawkins-Kimmel 5791 Pelican Shores Court Longmont, CO 80504 Subject: Pelican Shores PUD Dear Mr. Hawkins-Kimmel: The Department of Planning Services is providing this response to your numerous electronic mailings concerning the perceived inconsistencies between the recorded plat drawings and the covenants that are recorded for this development. Prior to responding to your request, staff consulted the County Attorney's office for opinion, which is presented herein. First, the Pelican Shores PUD was approved for Change of Zone and Final Plat by the Weld County Board of County Commissioners with conditions which in the opinion of the case manager had been met. Given this conclusion, the Change of Zone plat was recorded. The Final plat application was also approved by the Board of County Commissioners. Final plat mapping was approved and recorded, the Covenants for the Planned Unit Development were previously reviewed and approved by the County Attorney's office and recorded; and finally the Improvements Agreement for the public and private transportation and non-transportation improvements were tendered to the Board of County Commissioners. Recently all monies held by the County for these improvements were released in full as the warranty period of one year had expired without incident. In late January 2008, contact was made with the Clerk to the Board's office requesting information on the Landscape Plans for the Pelican Shores PUD. The Clerk responded that the Department of Planning Services may have the document(s) sought. Staff review of the unrecorded documents in the staff case file determined that the Landscape Plans were not in the files. As such, a request was placed with the engineer of record for the information which was provided to you in early March 2008. In late March 2008, an electronic email was forwarded indicating that there had been no contact from anyone at Weld County regarding the issues presented in previous electronic mailings, and that the situation had become an intolerable one, thus the homeowners in the Pelican Shores PUD were seeking relief with the assistance from Weld County government. In response to this request, it is the position of Weld County that the land use application and processing of the application by the case manager was handled fairly and efficiently as the case moved forward to completion. In the opinion of the case manager, the conditions of approval and installation of the improvements met the criteria presented in the Board of County Commissioners Resolution. In areas of covenant enforcement for a development, the County does not involve itself. The enforcement action is up to the Homeowners Association and their representatives. In areas of perceived trespass of private lands, the Weld County Sheriffs office or other law enforcement personnel may be of assistance to address this issue, now and in the future, as warranted. Should other actions be required to address the concerns of the homeowners of the Pelican Shores PUD, the Courts may afford the relief that the homeowners seek. Should you have additional questions or concerns, please do not hesitate to contact this office. Thank you for your inquiry. Sincerely, c - yr Kim Ogle Planning Manager pc: B. Barker,Attorney's Office T. Honn, Director of Plaming D. Bauer, Public Works B. Horgen, Building B. Salzman, Code Compliance File: PF-1101 Page 1 of 3 • Kim Ogle From: Andrew Hawkins-Kimmel [andrew@mandawealth.com] Sent: Thursday, March 06, 2008 7:46 AM To: Kim Ogle Subject: RE: Pelican Shores landscape plan Kim- I have sent in two letters to the Weld County Public Works and Planning Services departments. I just received a partial reply from Mr. Donald Carroll in Public Works. In his letter he mentioned that he sent the majority of the issues I brought up in my letter that he forwarded to you and your department. Please let me know your thoughts. Andrew Hawkins-Kimmel President M & A Wealth Management, Inc. 5791 Pelican Shores Ct. Longmont, CO. 80504 p. 303-772-2037 f. 303-772-2056 www.lpl.com/mandawealth Securities offered through Linsco/Private Ledger Member NASD/SIPC From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, February 28, 2008 3:24 PM To: Andrew Hawkins-Kimmel Subject: RE: Pelican Shores landscape plan Sec attached. Thanks Kim Ogle Himont!btonngar i`970.359.400!3 n 7;-10 0:970 104 6495 Weld County Planning Services-Greeley Office 918 Tenth Street Greeley CO 80631 kogle3i co.weldco From: Andrew Hawkins-Kimmel [mailto:andrew@mandawealth.com] Sent: Thursday, February 28, 2008 2:25 PM To: Kim Ogle Subject: RE: Pelican Shores landscape plan Do you have a phone#for them and or a mailing address? Thanks, Andrew Hawkins-Kimmel President M &A Wealth Management, Inc. 03/09/2008 Page 2 of 3 5791 Pelican Shores Ct. Longmont, CO. 80504 p. 303-772-2037 f 303-772-2056 www.lpl.com/mandawealth Securities offered through Linsco/Private Ledger Member NASD/SIPC From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, February 28, 2008 10:33 AM To: Andrew Hawkins-Kimmel Subject: RE: Pelican Shores landscape plan Staff will request your concerns in writing. Thank you. Kim Ogle I Planning Manager From: Andrew Hawkins-Kimmel [mailto:andrew@mandawealth.com] Sent: Thursday, February 28, 2008 10:31 AM To: Kim Ogle Subject: RE: Pelican Shores landscape plan The planning office? Should I send them a letter or call? Please let me know your thoughts. Andrew Hawkins-Kimmel President M &A Wealth Management, Inc. 5791 Pelican Shores Ct. Longmont, CO. 80504 p. 303-772-2037 f. 303-772-2056 www.lpl.com/mandawealth Securities offered through Linsco/Private Ledger Member NASD/SIPC From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, February 28, 2008 10:27 AM To: Andrew Hawkins-Kimmel Subject: RE: Pelican Shores landscape plan The Planning Office would be your first step. Planning will involve others as required. Thanks also for your patience in allowing us to track down the drawings Kim Ogle I Planning Manager • From: Andrew Hawkins-Kimmel [mailto:andrew@mandawealth.com] Sent: Thursday, February 28, 2008 10:21 AM To: Kim Ogle Subject: Pelican Shores landscape plan Importance: High 03/09/2008 Page 3 of 3 Kim- I wanted to take the time to thank you for your help. It was just amazing that you had the Pelican Shores Landscape plans delivered to our house. If we had concerns with the way the developer is following these submitted and approved guidelines, who do I take that up with? Thanks for all your help. Regards, Andrew Hawkins-Kimmel President M &A Wealth Management, Inc. 5791 Pelican Shores Ct. Longmont, CO. 80504 p. 303-772-2037 f. 303-772-2056 www.lpl.com/mandawealth Securities offered through Linsco/Private Ledger Member NASD/SIPC 03/09/2008 • • PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 304-6496, EXT. 3745 FAX: (970) 304-6497 February 29, 2008 Andrew Hawkins-Kimmel 5791 Pelican Shores Ct. Longmont, Colorado 80504 Dear Mr. Hawkins-Kimmel: I am responding to a portion of your letter dated February 12, 2008, relating to the Public Works Department. Some of these items mentioned are associated with Planning Services and Public Health. I will forward your letter to the respective department. Pelican Shores PUD was approved as private road maintenance/gated community with no public access. The Weld County Public Works Department is not taking on any additional subdivision paved or gravel roads onto the maintenance system. Maintenance responsibility is either through the developer or the HOA set up for your location. In response to your question on gas lines crossing lots, there are some major gas lines easements adjacent to WCR 13, which cross through Pelican Shores PUD. These are recorded gas line easements. There appears to be flow lines from tank batteries crossing lots in the south Pelican Shore section. Your HOA should work with the appropriate oil and gas companies to relocate these flow lines. This is a private issue with your development. The County does not require oil and gas utility companies to relocate within public rights-of-way. Normally oil and gas utility companies have their own private easements or agreements with the developer. Sincerely, Donald Carroll Engineering Administrator Enclosures pc: Lauren Light, Environmental Heath, 304-6415 X 2702 Kim Ogle, Planning Services, 970-353-6100, X3540 Pelican Shores South PUD file M:\PLANNING-DEVELOPMENT REVIEW\CorresponclencetAndrew Hawkins-Kimmel-Pelican Shores-let.DOC I /_[ M & A WEALTH MANAGEMENT, INC. February 12, 2008 Weld County Board of County Commissions County Commissioners Office 915 Tenth St. PO Box 758 Greeley, CO. 80632 To Whom It May Concern: I am a resident within the Pelican Shores South PUD. Since my purchase of property and construction of my home within that development, activities have occurred there that have caused serious concerns on behalf of my family. According, we made a Freedom of Information Act request upon Weld County to assist my understanding of the expectations of Weld County from the Pelican Shores Development. Based upon my review of the materials received, it appears that deviations from the approved final plat may be occurring, which causes health arid safety concerns to my family. First, we read the documentation to identify that the open spaces within Pelican Shores, which predominately consists of the lakes, must be limited to "residents" of the subdivision and their guests. We are not confident that the residents and their guests are the only ones using the lake for recreational purposes. This is based on the fact that we're the only residents actually living in the subdivision, and numerous unrecognizable parties were using the lake throughout the summer and fall of 2007. We further read the provided documents as requiring that if the BOA wanted to sell memberships to non- residents, the Weld County Department of Planning Services and Public Health and Environment should be contacted to establish a permitting process for same. We are not aware of whether or not that has occurred and have concerns of repeated and unauthorized usage of the lake. We also located numerous provisions within the documents stating that due to the fact the subdivision roadways are not maintained and/or adopted by Weld County, that purchasers within the subdivision should have been notified that the sheriff will have limited traffic enforcement powers, and that a plan should be developed to maintain the roadways within the subdivision, especially during inclement weather conditions. Based upon the protracted 2006-7 winter, and the current progression of this 2007-8 winter season, the roadways within the subdivision have been plowed infrequently and, at times, are simply impassible 5791 Pelican Shores Ct. • Longmont, CO 80504 • Phone: 303 772 2037 • Fax: 303 772 2056 Andrwe Ha-wkins-Kimmel is a Registered Representative with and tellers securities throngh Linscn/Private Ledger,member NASD/SIPC L [ r M & A WEALTH MANAGEMENT, INC. for non-four-wheel drive vehicles. Although we have communicated our concerns numerous times to the developer, the response we received is that it was a tough winter and even Denver had problems with their roadways. We request the County's assistance to make sure a suitable plan is in place to maintain the roadways. Furthermore, I understand that the site plan and overall utility plan showed gas lines crossing numerous lots, and that Weld County wanted the pipelines to be relocated within public rights-of-way wherever possible. Based on conversations we have had with others, we are not confident that this occurred, and to the extent the County has additional information establishing whether that has occurred, we would appreciate same. Additionally, in the zoning change request, it appeared the developer represented to Weld County that trees would be planted a maximum of 40 feet apart in order that the development roadways would be tree-lined. Although this request was made years and years ago, the County recommendation that Ash or Locust trees be planted on 40 foot centers along the internal streets of the subdivision simply has not occurred. These are a few of the primary issues for which we have concerns. The usage of the lake is of paramount importance due to the frequently reckless boating practices of parties who are not residents, and do not appear to be as guests. It is our desire to open a dialogue with the County to ensure that the developer has done what it has promised to the County, and to us, and to evaluate these issues openly. Additionally, we request any information you may have regarding the procedures to pursue these issues on a more formal level in the event that these types of more formal actions may need to be pursued in the future. eslegard Andr w awkins-Kimmel 5791 Pelican Shores Ct. • Longmont, CO 80504 • Phone: 303 772 2037 • Fax: 303 772 2056 Andrew Hat¢kins-Kimme/is a Registered R presentative with and offers securities through Lanni)!Private Ledger,member NASD/WPC Hello