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Home My WebLink About20061514.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION a FOR PLANNING DEPARTMENT USE DATE RECEIVED: o RECEIPT#/AMOUNT # IS CASE #ASSIGNED: m o APPLICATION RECEIVED BY PLANNER ASSIGNED: ^ m m r Parcel Number 44O -Q LO - - _a- Ae- cc { � —� C9 O -n -T1 CIO (12 digit number-found on Tax LD.Information,obtainable at the Weld County Assessor's Office,or www co.weld.co.us). < c-) o (Include all lottsbeinngg included in the appli,lic/,Rion area,if additional space is required,attach an additional sheet) /��^I/I F;2•._ v Legal Description�Y✓�i�_ O77> iialQ WE,S/ 1 4-Section‘, Township ��North, Ranngge(o�west CD Property Address(If Appicable)/72F L/e--Z _!SJ Existing Zone District :.9C Proposed Zone Dis-trriict:___Total Acreage &4 Proposed �^e(#/Lots9 ts__ _ Average Lot Size g_Z Cq'4 Mininum Lot Size:isf AC Proposed Subdivision Nam e:. lC Slh"T Proposed Area (Acres)Open Space: ___—__—__—__ A2:7.-^r/ _ _— __---_ _ Are you apptying for Conceptual or Specific Guide? Conceptual—___ — Specific X _ FE FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) / Name: ez'E.��NEC z✓xez r. 0_ ek'c7/ S' G el _ _ Work Phonef C,;� CQQ�H ome Pho ne#_ _---Ema it Add ress .ol ,h_fPd> C'ZS/.. Address:____—_ -_—. t3 g -- A e- City/State/Zip Code GJ> _6j7-/�"%��r'�',— cg'n�? �`= o 71/_—_— APPLICANT O R AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: nL--- Work Phone e03_',./J9QLj-Iome Phone# _---__—__Email Address— //1+7E" aC_/OQI/t. Address:-----. City/State/Zp Code _—_— UTILITIES: Water: TL"✓ Sewer: — Gas: .,e2 J �r✓�_ 1'!?� — EIectric:_ ,_L!1 a X�GL,f' 4/ CZ Z.-c_7 DISTRICTS: School: S � fin/—_4 _L.E`4C_ ACe`W Post:I(We)hereby depose and state under penalties d 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. Sigiatures 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,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone forthe above described unincorporated area of Weld County, Colorado: cavl� Si nature/:O�w� oyy Aythor¢. d� nt Date Signature: Owner or Authorized Agent Date Si %�c✓,{, Ga✓/G�/j� �.. . /%/�� . `." ` Y0.4 EXHIBIT 2006-1514 Page 1 of 2 Kim Ogle From: Lee Morrison [Imorrison@co.weld.co.us] t: Wednesday, December 28, 2005 3:24 PM To: Kim Ogle Subject: RE: change of zone application I confirm la D. Honn.:loe,, Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242 This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and delete your copy of this message." From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, December 28, 2005 1:51 PM To: Lee Morrison Subject: FW: change of zone application additional comment PZ-1079, Keller Estates From: radigantom@comcast.net [mailto:radigantom@comcast.net] Sent: Wednesday, December 28, 2005 12:30 PM To: Kim Ogle Subject: Re: change of zone application Kim; I used the wrong cover sheet. It should have been PUD not Minor Subdivision. I originally completed the PUD sheet but signed it with black ink instead of blue ink.When I re-did it, I used the wrong cover sheet. I will complete the right PUD application sheet and forward twenty -five copies. I spoke with Lee and forwarded to him the Commitment Letter and the standard Main Line Extension Agreement. He advised that the LTWD Extension Agreement does not have to be finalized at this time and that he would advise you of our discussions. This unsigned standard LTWD Extension Agreement is in the package in our response Comment # 6 & 8. Our letter to Lee dated 11/29/05 is included in response Comment # 7 & 9. The letter defines our concerns with signing the Agreement, prematurely. Sorry for the confusion. Best Regards, Tom Radigan Original message From: "Kim Ogle" <kogle@co.weld.co.us> Tom A cover sheet for the change of zone application indicates you are going the Minor Subdivision route instead of the 12/28/2005 Page 2 of 2 PUD as staff has suggested and we ha..: previously discussed. Does this applicatii,,. remain the preferred alternative? Second, Lee Morrison, Assistant County Attorney, is to provide written sign-off of acceptance to water agreement. I do not see said documentation in submittal materials. I will contact him to verify he has reviewed documents. If he has --ot, please contact him at 970 356-4000x 4391 to coordinate. the application is deemed incomplete until this item has en approved. Thanks for your timeliness in submitting this document. Kim Ogle Planning Manager Department of Planning Services 918 Tenth Street Greeley, CO 80631 970 353 6100 x 3540 Telephone 970 304 6498 Facsimile 12/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment 7& 9 In response to statements from Pam Smith of Public Health and Environment in comment #7 and Jeff Deatherage of the Colorado Office of State Engineer in comment # 9 regarding the proposed water source from Little Thompson Water District (LTWD), the developer has taken the following actions to insure compliance: 1. LTWD has provided to the developer a written letter of Water Service Commitment indicating their willingness to provide eight proposed new taps plus continue to provide service to the existing tap#356 currently in use on the property(Letter enclosed in Comments#6&# 8). 2. LTWD has provided to the developer its standard Main Line Water Extension Agreement for review and signature(Agreement enclosed in Comments#6 & #8). It includes in item 3.B, a 100%deposit requirement to be paid to LTWD based on the total cost of construction. However, LTWD does not require the deposit or the signed contract until just prior to commencing construction. At the earliest, construction and the identification of related costs will not commence until after Change of Zone approval. 3. The LTWD Main Line Water Extension Agreement also calls for the granting of an easement to LTWD based on identified site plan infrastructure design and location, which easements will not be identified until after Change of Zone approval. The LTWD agreement also mandates that all construction must be completed within two years of signing the agreement. Additionally, the developer's bank is unwilling to finance infrastructure work without Change of Zone approval, definitive cost projections agreed to by both Weld County Public Works and LTWD and a contract that allows for a full two year construction period. 4. For these reasons outline in#2 & # 3 above and for other reasons not discussed, LTWD and the State Engineer recommend that the Main Line Water Extension Agreement be signed just prior to commencing construction, or prior to the final approval of the development. 5. We have forwarded the letter of Water service Commitment and Main Line Water Extension Agreement to Lee Morrison of the Weld County Attorney's Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC Office for review and approval. We have contacted Lee Morrison, Weld County Attorney regarding these agreements and are awaiting his response. 6. Attached is a copy of the Deed transferring the property from the seller, the Estate of Abe Gettman to the buyer, BreakNeck Weld Properties, LLC that identifies ownership of 20 units of Northern Colorado Water Conservancy District, (CBT Shares), 5 1/2 shares of The Supply Irrigating Ditch Company and 5 shares of The Ish Reservoir Company. LTWD requires the transfer of 1.4 shares of CBT or equivalent water prior to tap activation. 7. Attached is a copy of the Water Supply Information Summary form prepared by the developer and reviewed with LTWD. 8. The developer has reviewed Well Permit#5718 and believes it incorrectly identifies in its legal description the Keller/Gettman property. The Keller's/Gettman's have owned this 77 acre parcel for over one hundred years while the permit was issued to Donald Minch, as owner in 1960. Mr. Minch did own the property directly north of the Gettman property during this period. In addition, the developer and surveyor were unable to locate on the property a livestock well in the north '/:of the northwest '''A of section 6,township 3 north, range 68 west of the 6th p.m. We have advised the Division of Water Resources of this discrepancy. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 ll®N MINIM MIEN_mats - . WW1 Men n MMM Car,CO --• 1 d i R RAP D RIM Man Wrens M7 &Raft CE IFICATZOFADTHORITY 7 The rmdenigned doer hereby represent and wanant that Tom Radigan is the sole Manager of BreakNeck Weld Properties,LLC,a Colorado limited liability company,and is duly authorized under applicable law to transfer and/or dispose of any or all of the real or personal property belonging to BreakNeck Weld Properties,LLC. IN WITNESS WHEREOF,the undersigned has executed this Certificate of Authority as of this a_day ofJanuary,2005. BreakNeck Weld Properties,LLC 4a2 Tom Member • State of Colorado ) ) ss: County of Jefferson) The foregoing instrument was acknowledged before me this 18thday of January,2005 by Toa BidR ilmi Meter for Breeldieek Weld Properties, LLC Witness my hand and official seal. SEAL My Commission Expires: KATHY L PASCHALL /r �� BPS ('� r ' o f g ox $`l 4 t WOTARY PUBLIC ,. tr STATE OF COLORADO X _ (. R-7 1Ltb6e a MY Cerereission Expires 1/22,,,nr-;; Reo3cf oe se BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case #MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD Dear Mr. Ogle; In response to the concerns expressed by the Department of Planning Services and others during the sketch plan submittal for Keller Estates, BreakNeck Weld Properties, LLC has prepared the enclosed formal comments. Each comment is crossed referenced to your original nineteen responses and varies from one to two pages in length plus appropriate attachments. We have contacted all agencies mentioned in your letter and have summarized their comments in the enclosed responses. BreakNeck Weld Properties, LLC has proposed to develop the existing 76.55 acre home site into Keller Estates, a residential development consisting of nine lots ranging in approximate size from 8 to 10 acres per the attached site plan.' The developer intends to produce a high quality, environmentally sound, new rural community that preserves and enhances the existing bucolic setting. The site design and the landscape of each lot, with carefully planned activities, will be according to specific standards established by the Keller Estates Homeowners Association. Each lot will contain a two acre building envelope with residences positioned to facilitate an unobstructed view corridor of the Front Range. The individual lots will be rezoned from (A) agricultural to (E) estate zone district per sec. 23-3-400 of the Weld County Land Use Code proceeding through the Planned Unit Development application process. The project's design guidelines have been created to insure that all improvements in Keller Estates preserve the natural beauty of the bucolic setting and maintain a unified design theme throughout the community. The homes will be designed as ranches on the front westerly six lots, and ranches or two-story homes on the most easterly three lots. All homes will accommodate walkout basements and emphasize a rustic Colorado style. Manufactured homes will not be permitted as the primary residences. Homesites will be established within the Building Envelopes in order to insure that every primary residence and the individual sewage disposal system (ISDS) with primary and/or secondary absorption field envelopes will be sited in the most appropriate view location and to insure that all other improvements and farm animals are placed outside the Homesites. The building envelopes exclusive of the Homesites of the lots will incorporate outdoor structures such as barns, sheds, decks, grain bins and other similar The property is described legally as the North Half of the Northwest Quarter of Section 6,Township 3 North,Range 68 West of the 6th P.M., Weld County, Colorado. The existing home has a street address of 17792 WCR 1,Berthoud,Colorado 80513. 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC outbuildings. Only utility connections, fencing and driveways will be constructed outside the building envelopes. The Building Envelope location and Homesite within were determined based on specific characteristics of each lot and on planning and design objectives of Keller Estates such as: • Optimizing Front Range views from each home • Protecting view corridors from other properties • Avoiding highly prominent sites or skylines • Protecting sensitive environments • Preserving the general dominance of the natural setting by fitting buildings into the existing landscape • Utilizing distinctive natural features such as topography • Blending man-made improvements into the topography • Minimizing grading and removal of vegetation • Improve existing drainage patterns • Protecting ISDS absorption field envelopes Since the proposed site is not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors, the developer is proposing a non-urban scale development located in a non-urban area as defined in chapter 22 of the Weld County Land Use Code. This non-urban scale development on LTWD water and individual sewage disposal systems (ISDS) shall have lots sizes in excess of 8 acres. The bridle path identified as open space in the original sketch plan submittal has been eliminated in the Change of Zone phase. Historically, the farm irrigation system utilized in previous years often resulted in sheets of water flooding the area to the north and northwest of the property. The redesigned drainage plan intended for use on the property should mitigate this sheet flooding and instead create and control the flow of water to the northwest toward CR1 and toward the north feeding the existing drainage swale on the adjacent property at less than historic flows. We will utilize best management practices for water quality and discharge, in accordance with urban drainage design manual criteria and Weld County standards. Your response or any additional comments or recommendations you may consider relevant to this PUD development will be appreciated. Sincerely, Tom Radigan, Managing Member at 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 3reakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment#1 In response to comment # 1 date July 25, 2005 from Jill Carlson, C.E.G., Engineering Geologist, BreakNeck Weld Properties, LLC will be taking the following actions to insure compliance with Weld County Code and mitigate geological issues: 1. Terracon Consulting Engineers report dated May 23, 2005 contains excellent recommendations for reducing risks associated with anticipated expansive claystone bedrock, shallow groundwater and perched water. Because groundwater levels and perched water should be expected to rise to within three feet of basement floor levels on all lots and absent a year-round groundwater monitoring program, the developer will mandate that a well-designed and well-constructed foundation perimeter drain system will be required for all homes. Also, the developer will mandate to lot buyers that all aspects of Terracon's recommendations regarding foundations, floor systems, foundation drains, earthwork, septic systems and surface drainage will be adhered to strictly. 2. The developer will mandate that all lot buyers comply with the soil boring and lab test results and the foundation and floor system recommendations specific to each of the nine proposed lots previously recorded by Terracon Engineering. BreakNeck will include in the HOA covenants language that preserves and protects primary, and secondary, where appropriate, absorption field envelopes and mandates that all components of the Terracon report be adhered to strictly. Copies of the Terracon report will be provided to all lot buyers. Also, these covenants will state that all activities of landscaping such as planting shrubs and trees, and construction such as auxiliary structures and dirt mounds will be expressly prohibited in the designated absorption field envelopes. 3. The developer has contacted Jill Carlson to discuss her concerns. The developer concurs that it would be prudent for Weld County to reference the Terracon Geotechnical Engineering Report dated May 23, 2005 on the plat. 4. The developer contracted with Terracon Engineering to perform preliminary geotechnical exploration on lots 2, 6& 9 of proposed Keller Estates. The Terracon results of these preliminary percolation tests are enclosed and indicate good to poor percolation characteristics with the depth of bedrock and/or poor percolation rates at many locations across the site precluding the use of standard septic systems in Keller Estates. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 3reakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment# 2 In response to comment # 2 from the Department of Planning Services regarding the existing of empirical oil and gas activities and mineral rights ownership, BreakNeck Weld Properties, LLC has clarified the following concerns: 1. The Keller/Gettman property has never been drilled on for oil and gas and no wells exist on the property. Attach are both the Affidavit of Non-production executed by the executor of The Estate of Abe Gettman, Robert Whipkey and the quick claim deed from the seller to the buyer, BreakNeck Weld Properties, LLC transferring all mineral interests in the property. 2. BreakNeck Weld Properties, LLC will execute both an Affidavit of Interest Owners, Minerals and/or subsurface and a quick claim deed transferring all mineral interests to the Keller Estates HOA(See Attached Forms). The HOA agreement will mandate that all mineral activities must be approved by all the homeowners and that the HOA will comply with all state and county requirements regarding mineral rights and future related drilling. Page 1 P.O. Box 894,Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment # 3 In response to comment# 3 from the Department of Planning Services regarding the New Ish Ditch Company, BreakNeck Weld Properties, LLC has clarified the following concerns: 1. The developer has removed the building envelope previously identified as Option 1 on lot#6, extricating the necessity for a vehicular crossing over the Ish Ditch. 2. The developer has removed the equestrian trail and related crossing of the Ish Ditch eliminating the necessity for a trail crossing. 3. Lot #7 of the proposed development currently has a pedestrian crossing over the Ish Ditch that has been in place for many years and will remain in place. 4. BreakNeck Weld Properties, LLC has solicited an agreement from the Ish Ditch Company to secure a pedestrian bridge crossing for use by lots#6 & #7, and has enclosed the agreement to the Department of Planning Services for review. Two neighbors south and west of the proposed Keller Estates(Wilson& Diggins) have installed similar bridges across the Ish Ditch to access their land and homes on both sides of the ditch in the last two years. The Ish Ditch Company indicates approval is likely since the developer owns both Ish water shares and the land on both sides of the ditch. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/16/2005 BreakNeck Weld Properties, LLC TO: Ish Reservoir Board, C/O Jill Baty, Highland Ditch Company FROM: Tom Radigan, Managing Member, BreakNeck Weld Properties, LLC RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD Dear Ms. Baty; BreakNeck Weld Properties, LLC has proposed to develop the existing 76.55 acre home site at 17792 WCR 1, Berthoud, CO 80513 into Keller Estates, a residential development consisting of nine lots ranging in size from 8.3 gross acres to 9.6 gross acres. Please refer to the enclosed site plan. We are soliciting approval from the Ish Reservoir Board to install a pedestrian bridge crossing the Ish Ditch between lots #6 & # 7 of the proposed development. In general, this bridge will span approximately thirty feet and will have an interior width of eight feet. Please refer to the engineered bridge drawings enclosed. The pedestrian bridge will be placed where land on both sides of the Ish Ditch is owned by the landowner. Our pedestrian bridge will be similar in style and structure as the bridge installed across the Ish Ditch by Vance Diggins of Paragon Equestrian Center and will facilitate maintenance of our land on the south side of the Ish. We currently own 5 New Ish Shares, 5.5 Supply Irrigation Shares and 20 CBT Shares. We intend to produce a high quality, environmentally sound, new rural community that preserves and enhances the existing bucolic setting, the site design and the landscape of each lot. Activities will be carefully planned according to specific standards established by the Keller Estates Homeowners Association, Inc. The property is described legally as the North Half of the Northwest Quarter of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The existing home on lot nine will be removed and a new house built. Each lot will contain a two acre building envelope with residences positioned to facilitate an unobstructed view corridor of the Front Range. The individual lots will be rezoned from (A) agricultural to (E) estate zone district per sec. 23-3-400 of the Weld County Land Use Code. The project's design guidelines have been created to insure that all improvements in Keller Estates preserve the natural beauty of the area and maintain a unified design theme throughout the community. The homes will be designed as ranches on the front westerly six lots, and ranches or two-story homes on the most easterly three lots. All homes will accommodate walkout basements and emphasize a rustic Colorado style. Manufactured homes will not be permitted as the primary residences. Homesites will be established within the Building Envelopes in order to insure that every primary residence with propane tank and the individual sewage disposal system (ISDS)with primary and/or secondary absorption field envelopes will be sited in the most appropriate view location and to insure that all other improvements and farm animals are placed outside the Homesites. The building envelopes exclusive of the 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/1/2005 BreakNeck Weld Properties, LLC Homesites of the lots will incorporate outdoor structures such as barns, sheds, decks, grain bins and other similar outbuildings. Only utility connections, fencing and driveways will be constructed outside the building envelopes. The developer is proposing a non-urban scale development located in a non-urban area as defined in chapter 22 of the Weld County Land Use Code since it is not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. This non-urban scale development on LTWD water and individual sewage disposal systems(ISDS) shall have lots sizes in excess of 8.3 gross acres. After reviewing this bridge request for the proposed development, please call Tom Radigan at 303-881-1996 with any unanswered questions or suggestions. We hope this project does not conflict with your interests. Your prompt attention to this matter is appreciated. Sincerely, Tom Radigan, Managing Member 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/1/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment # 4 In response to comment #4 from the Department of Planning Services regarding County Road Impact Fee Program (Ordinance 2002-11), BreakNeck Weld Properties, LLC has clarified the following concerns: 1. The developer is aware of and will adhere to the fee structure currently in place for newly constructed residential units under the County Road Impact Fee Program (Ordinance 2002-11). 2. The Keller Estates HOA will mandate that at the time residential building permits are secured for the development, builders will remunerate the required fee structure specified under Ordinance 2002-11. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/14/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment# 5 In response to comment# 5 from Susan Kloster of the Division of Wildlife regarding the concerns pertaining to ground nesting birds, flyways, nuisance wildlife and weed management, the developer will insure steps be taken to incorporate the Colorado Division of Wildlife concerns in the Keller Estates HOA covenants including issues of ground nesting birds, flyways, nuisance wildlife and weed management. In addition, the following comments are presented: 1. This 77 acre parcel was homesteaded by the Keller family and has been agricultural land for over one hundred years with existing mature trees originally planted by the occupants. All native trees and vegetation will be maintained and enhanced to provide continued benefits to wildlife habitat. The HOA covenants will emphasize that homeowners will be responsible for any damages to landscaping incurred by wildlife and that existing mature trees and vegetation will remain on the property. 2. As allowed by the Ish Ditch Company, the Ish Ditch will be maintained as an open corridor, and where appropriate, improved with native vegetation. 3. The HOA covenants will emphasize to homeowners that native predators are present and that domestic pets should not be allowed to roam free. Additionally, domestic livestock and farm animals will be secured with wildlife proof fencing appropriate for the livestock being raised. Homeowners will be required to secure pets and animal feed, trash containers and outdoor grills. Control of nuisance wildlife except bears and mountain lions will be the responsibility of homeowners. 4. The Keller Estates HOA weed management efforts will emphasize compliance with the Weld County Noxious Weed Management Policy described in Chapter fifteen to achieve desirable plant communities. These integrated weed management methodologies include the planning and implementation of a coordinated program utilizing a variety of methods for managing noxious weed including preventive measures, good stewardship and various management techniques. 5. Each homeowner will be given a copy of the Colorado Division of Wildlife brochure, "Living with Wildlife in Coyote Country". Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comments 6& 8 In response to comments# 6&# 8 dated July 11, 2005 from Pam Smith, Department of Public Health and Environment, BreakNeck Weld Properties, LLC will be taking the following actions to insure compliance with Weld County Code: 1. We have secured from Little Thompson Water District a Letter of Water Service Commitment and have solicited a Mainline Water Extension Agreement for review and approval of the Weld County Attorney (Lee Morrison). See the attached Letter of Water Service Commitment. Per recommendations of LTWD and the Mainline Water Extension Agreement that will be consummated just prior to commencing construction, soon after Change of Zone Approval. 2. We have reviewed the percolation code requirements for lots over eight acres with Kim Ogle and can only find requirements for lots under five acres. Prior to change of Zone submittal, Terracon has perform single bore percolation tests on lots 2, 6& 9 within one-hundred feet of the original lot boring to mitigate uncertainties about absorption identified in the Terrracon report. The Terracon percolation report, dated November 8, 2005 is attached for review by the Department of Health and Environment. Also, we will mandate that buyers perform the required percolation tests on the homesites located within the two acre building envelopes consistent with the soil boring and foundation work previously recorded by Terracon Engineering. BreakNeck will include in the HOA covenants language that preserves and protects primary, and secondary where appropriate, absorption field envelopes within the Homesites and mandates that all components of the Terracon report be adhered to strictly(Terracon report copies will be provided to lot buyers). These covenants will state that all activities related to farm animals and landscaping including planting shrubs and trees, and construction such as auxiliary structures and dirt mounds will be expressly prohibited in the designated absorption field envelopes. 3. The existing house at 17792 CR1 (the proposed lot 9) along with the existing garage, and lean-to shed with adjacent fencing will be removed, and the existing septic system will be pumped and abandoned during the infra-structure construction phase. We anticipate favorable market conditions will permit infra- structure construction to commence after Change of Zone approval. The existing propane tank will be relocated and reused on lot#9. The white storage building and two metal grain bins will remain on lot#9. The existing farmhouse driveway Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC and dirt road will be abandoned and gated to mitigate access from Weld CR1. The developer will submit verification of these actions to Weld County. 4. BreakNeck has reviewed Well Permit#5718 and believes it incorrectly identifies in its legal description the Keller/Gettman property. The Keller's/Gettman's have owned this 77 acre parcel for over one hundred years while the permit was issued to Donald Minch, as owner in May 1960. Mr. Minch never owned any portion of the Keller/Gettman property. However, Mr. Minch did own the property directly north of the Gettman Property during this period. In addition, the developer and surveyor were unable to locate on the property a livestock well in the north 1/2 of the northwest 'A of section 6, township 3 north, range 68 west of the 6th p.m. We have advised the Division of Water Resources of this discrepancy. Page 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment# 10 In response to comment# 10 from Frank Piacentino of the Department of Building Inspection regarding the Minor Subdivision Change of Zone from Agricultural (A) zone district to Estate(E) zone district for nine residential lots, The developer will create Keller Estates Homeowners Association(HOA) that will manage compliance by buyers with the Weld County Building Codes and will mandate that all lot buyers secure the necessary building permits for all structures prior to construction. In addition, the HOA will monitor the following: 1. All structures shall be designed and engineered by both a Colorado certified architect and structural engineer and comply fully with the latest permit process. 2. Lot buyers will be required to comply fully with the geotechnical engineering report dated May 23, 2005 prepared by Terracon Consulting Engineers when constructing buildings with particular attention to engineered foundations, fire resistance, maximum building height, drainage and other construction requirements. In all respects, buyers must be in compliance with the 2003 International Building Code and the requirements of Chapter 23 of the Weld County Code. 3. The developer will furnish buyers with a copy of the Terracon geotechnical report dated May 23, 2005 upon purchase of the lots. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment# 11 In response to comment# 11 from Peter Schei of the Department of Public Works regarding several concerns and requirements of Peter Schei, The developer and his civil engineer, Paramount Engineering met on Tuesday, November 8, 2005 with Peter Schei, David Bauer and a third party(Robert)to review the latest civil drawings and the one foot topography with the following actions taken: 1. Mr. Bauer presented several drainage suggestions that Paramount Engineering will incorporate into the detail draining plans including confirming flow rates in the northwest corner of the property along CR1 and incorporating a comment in the neighborhood notification letter regarding the proposed concentrated flow of drainage water instead of the empirical sheet flow. 2. MR. Schei reviewed the detail site plan and made several suggestions including coordinating with the neighbors regarding the Supply irrigation easement on lots 8 & 9, maintaining Public Service right-of-ways and easements, the details of the Improvements Agreement for public road maintenance required prior to infrastructure construction, restricting construction traffic to insure CR1 remains clean and the Lot Grading Detail Plan required at Final Plat. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment # 12 In response to comment# 12 from the Department of Planning Services and the Weld County Sheriff regarding the street and address numbers, internal signage, internal roadways maintenance and oil and gas encumbrances of the proposed development, BreakNeck Weld Properties LLC has the following comments: 1. The developer has proposed Keller Drive as the name of the interior road. The Berthoud Post Office advises that house address numbers are assigned by the Weld County Planning Commissions. The development will include subdivision signage at the intersection of CR1 and Keller Drive as specified in the Development Guide Requirements. 2. The developer has proposed that the interior road,Keller Drive be adopted by Weld County Public Works and that the Keller Estates HOA creates a mad maintenance plan to include snow removal and structural responsibility for the bus stop kiosk, signage and mailboxes located on lot# 1. 3. The development excludes any oil and gas wells, existing or future tank batteries and gathering lines, and no drilling is contemplated on the property. The rights to all mineral interests will reside with the Keller Estates HOA as identified in the developer's response to comment#2. 4. The above items were reviewed with Commander Broderius, Weld County Sheriff's Office on November 16, 2005. The developer has forwarded to Commander Broderius site and kiosk plans and has received a fax response from him (See Enclosed). Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 3reakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment# 13 In response to comment # 13 from the Department of Planning Services regarding the existing farmhouse and support structures located on lot#9 of the proposed development, the following actions will be taken: 1. The developer will remove the existing farmhouse, unattached garage and lean- to-shed with adjacent fencing and the existing septic system will be pumped and abandoned during the infra-structure construction phase. We anticipate favorable market conditions will permit infrastructure construction to commence after Change of Zone approval but no later than Final Plat approval. 2. The existing propane tank will be relocated and reused on lot #9. The white storage building and two grain bins will remain on lot#9. The existing farmhouse driveway and dirt road will be abandoned and gated to mitigate access from Weld CR 1 after infrastructure construction. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 dreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member, BreakNeck Weld Properties, LLC RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment # 14 In response to comment# 14 from the Department of Planning Services regarding open space of the proposed development, the following actions will be taken: 1. The developer is proposing a non-urban scale development located in a non-urban area as defined in chapter 22 of the Weld County Land Use Code since it is not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. This non-urban scale development on LTWD water and individual sewage disposal systems(ISDS) shall have lots sizes in excess of 8.3 gross acres. 2. This non-urban scale development excludes lands identified as common open space defined as any usable parcel of land or water unimproved and set aside, dedicated, designed or reserved for public or private use or for use and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open space may also include landscape areas or uses such as storage or service areas, private courtyards, parking lots and islands. 3. The equestrian trial and park amenities identified as open space in the original sketch plan submittal has been eliminated in the Change of Zone phase. However, the developer will employ"Best Management Practices" consistent with the urban drainage design standards as reflected on the engineered drawings to be submitted in the Change of Zone phase. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment# 15 In response to comment# 15 from the Department of Planning Services regarding the suggestion that the developer contact the jurisdictional post office, BreakNeck Weld Properties, LLC has the following comments: 1. The developer contacted Donna, of the Berthoud Post Office on November 15, 2005 and reviewed the mailbox and kiosk structure and location in the Keller Estates development. Also, the developer has proposed Keller Drive as the name of the interior road. Detail site plans and bus stop/mailbox structures were mailed to the Berthoud Post Office for their formal approval. 2. The Berthoud Postmaster, Anna Mary, has indicated that she and Donna have reviewed the Keller Estates plans on December 16, 2005 and that the designs are acceptable. Anna Mary indicated that a faxed response would be forthcoming. Her two primary concerns were the timing of school bus pick-up and drop-off and the proximity of the bus stop to the mailbox structure. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/16/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case #MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD, Comment# 16 In response to comment# 16 from the Department of Planning Services regarding the suggestion that the developer contact the St. Vrain Valley School District, BreakNeck Weld Properties, LLC has the following comments: 1. The developer has contacted Glen Segrue, of St. Vrain Valley Schools on November 15, 2005 and discussed the school bus internal turn-a-round designed into the Keller Estates development. Mr. Segrue has reviewed the turn-a-round design emailed to him and has advised the developer by phone December 15, 2005 that the internal circulation pattern is acceptable to the District. The District formal response is enclosed. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/16/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment # 17 In response to comment # 17 from the Department of Planning Services regarding the lack of response from six agencies and the opposition of Mead response, BreakNeck Weld Properties, LLC has clarified the following concerns: 1. The developer has spoken with Mike Friesen, Mead Town Manager, on October 27, 2005, regarding the Mead Town Board's objection to the Weld County pending approval of Keller Estates as an unincorporated subdivision. Mr. Friesen was advised that the proposed development was more than 1.5 miles from the closest annexed westerly property of the City of Mead, and therefore, not contiguous to Mead under annexation guidelines. Also, the developer advised Mr. Friesen that annexation with a higher density development for Keller Estates would be incompatible with the bucolic setting of the immediate community and unacceptable to the neighbors. 2. The developer has spoken with Commander Broderius from the Weld County Sheriff's Office and has received a list of the Sheriff's concerns by fax. The developer has forwarded to Commander Broderius site and kiosk plans for his review and has received his fax response (See Comment# 12). 3. The Town of Berthoud, Planning Department has advised the developer that if Berthoud had received a Sketch Plan submittal they would have responded. Additionally, Berthoud will formally respond in the Change of Zone Phase to the Keller Estates development. 4. The developer has spoken with Little Thompson Water District and received a written letter of Water Service Commitment and a Main Line Water Extension Agreement (See Comments# 7& #9). 5. The developer has contacted St. Vrain Sanitation District, Robert Fleck and has been advised that St. Vrain does not supply service to the general area under proposed development. Its closest service is almost three miles away and they lack plans to expand service to the proposed Keller Estates development. 6. The developer has removed the option#1 building envelope on lot #6 and eliminated the equestrian trail. The developer has contacted Jill Baty at Ish Ditch Company to secure a signed agreement regarding a pedestrian crossing bridge Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC between lots 6& 7. The developer's civil engineer will develop detail bridge -- sketch plans for submittal and approval of the Ish Ditch Company(See Comment #3). 7. The developer has contacted Boulder County Planning& Zoning, Eric Tkachenko, and advised them of a lack of response on the proposed Keller Estates development. As yet, no response was forthcoming from Boulder County. Page 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/29/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment # 18 In response to comment# 18 from the Department of Planning Services regarding the suggestion that the developer pursue the PUD application for this Non-Urban Scale development given the flexibility to the bulk standards and the open space component, BreakNeck Weld Properties, LLC has the following comments: 1. The development property was settled by the Keller family over one hundred years ago, has always maintained its mineral interests and the landowners have never drilled for oil and gas on the property. Therefore, a modification to the PUD application to include oil and gas production facilities will not be required. 2. The developer's review of the variations between a PUD and Minor Subdivision with the Department of Planning Services suggest that there exists little difference in requirements such as open space, fee structure,traffic studies, environmental impact reviews, lighting studies, landscape plans and other issues. The principle difference is with efficiency of administrative compliance in the PUD application. For these reasons, the developer will pursue a Non-Urban Scale PUD development and request a PUD Change of Zone from(A) Agricultural to PUD with(E), Estate with Zone District uses. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Comment# 19 In response to comment # 19 from the Department of Planning Services regarding plat details defined in Section 27-9-10 of the Weld County Code, BreakNeck Weld Properties, LLC has clarified the following concerns: 1. The developer will insure that the civil engineering drawings comply with the guidelines of Section 27-9-10, in particular, maintaining a consistent scale. 2. All civil engineering drawings reviewed with the Public Works Department and submitted to Weld County for approval will reflect accurately determined and dimensioned easements. 3. The development under proposal excludes any ponds and associated water bodies except detention areas that may be created as a result of development's drainage requirements. These potential detention areas will be reflected on the civil engineering drawings presented to the County. 4. The development excludes any oil and gas wells, existing or future tank batteries and gathering lines, and no drilling is contemplated on the property. The rights to all mineral interests will reside with the Keller Estates HOA as identified in the developer's response to comment#2. 5. The equestrian bridle trail identified in the original Site Plan submittal has been eliminated, and along with it, any mandate for development parking usually associated with active and passive recreational facilities for this Non- Urban scale PUD which has no open space requirement. 6. The civil engineering drawings reviewed November 8, 2005 with the Weld County Public Works Department included identifying the locations of the signage, the bus stop and the mail box pedestal, and the circulation into and out of this proposed development. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 11/28/2005 BreakNeck Weld Properties, LLC TO: Kim Ogle, Department of Planning Services FROM: Tom Radigan, Managing Member, December 15, 2005 RE: Case # MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Development Guide Responses Dear Mr. Ogle; Keller Estates and its associated HOA have been planned as an upscale community set in a natural rural environment. Prime residential sites have been selected where homesites and outbuildings, built among the rustic meadows and stunning vistas, will blend into the rural landscape, responding to its topography and climate, and appearing to be a homogeneous component of the neighborhood. The design guidelines for Keller Estates have been based on architectural and landscape concepts that encourage building in harmony with nature and neighborhood. The designers of Keller Estates with its large animal lots want to develop settings where people can spend part of their lives in scenic beauty as a sanctuary from the turmoil and artificiality of the city and to create a place in exurbia where you can enjoy the pleasures of the spectacular Colorado environment, while living in a community and in homes that seem to be a natural extension of the landscape and the neighborhood. This approach to design is reflected consistently in our responses to the Development Guide Requirements outlined on the following pages and incorporated into the Keller Estates Homeowners Association guidelines. The developer will manage the construction activities performed on the site in accordance with best management practices and the following requirements of Component One—Environmental impacts: 1. Noise & vibration- The developer shall use all reasonable efforts to minimize external noise and vibration resulting from its construction activities. Notwithstanding the foregoing, the developer shall not be required to comply with the noise limits set forth in the Weld County regulations and the HOA during the following days and hours: Monday through Saturday 7:30 a.m. to 7 p.m. or the later of one hour before sunset. At all other times, the developer shall not exceed the noise limits set forth in Weld County regulations and the HOA section 7.6 that states no noxious or offensive activity shall be carried on upon the Planned Community or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or which is or may cause an unreasonable embarrassment, disturbance or annoyance to others, or detract from its value as an attractive residential community. For example, habitually noisy, howling or yelping pets shall be deemed a nuisance. 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC 2. Smoke, dust and odors- Section 7.7 of the HOA states that no smoke, dust, sound or odor shall be emitted from any portion of the Planned Community which would reasonably be found noxious or offensive by others. The developer shall utilize an on site water tanker or other dust abatement methods to mitigate dust exposure during high wind periods. 3. Heat, light, and glare- Section 7/ of the HOA states that no light shall be emitted from any portion of the Planned Community which is unreasonably bright or causes unreasonable glare. Without limiting the generality of the foregoing, no exterior spot lights, searchlights, speakers, horns, whistles, bells and other light or sound devices shall be located or used on any portion of the Planned Community except with the prior written approval of the HOA. All temporary exterior construction lighting shall be connected to a motion sensor and shall not be installed until a construction lighting plan has been submitted to and approved by the HOA. All interior construction lighting shall be turned off when not in use. 4. Visual & aesthetic impacts- Section 7.9 of the HOA states that all construction equipment shall be enclosed within an approved area away from CR1, including all tractors, snow removal equipment, maintenance equipment and portable fuel tanks, except when actually in use. The existing farmhouse, garage and lean-to- shed on lot # 9 shall be removed during infrastructure construction. No clotheslines drying yards, service yards, wood piles or storage areas shall be located on any lot as to be visible from neighborhood lots or from the street. In section 7.11 of the HOA it states that no sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Planned Community except such signs as may be approved in writing by the HOA which may include signs indicating protection by security systems and neighborhood watch programs. One sign advertising a lot for sale or for lease may be placed on such lot or dwelling unit provided that standards related to dimensions, color, style and location of such signs shall be determined from time to time by the HOA and in all cases shall comply with the Weld County codes and with all other applicable statues, ordinances and regulations. 5. Electrical interference- All electric, television, radio and telephone line installation and connections from the property line to the dwelling units shall be placed underground, subject to agreement with the utilities. Site utilities, where installed underground, will be on alignments that minimize grading, tree cutting and other disruption to the site. Utility boxes, including any meters, are to be located and/or screened to be essentially not visible from off site. All types of exterior refrigeration, propane tank, cooling or heating apparatus must be approved by the HOA prior to installation. All solar collector installation must be approved by the HOA prior to installation per section 7.10. In section 7.18 of the HOA, no exterior radio antenna, television antenna or other antenna, satellite dish, or audio or visual reception device of any type shall be placed, erected or 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC maintained on any lot; except inside a residence or with the written approval of the HOA. 6. Water pollution- A temporary water connection from the existing tap service should mollify water pollution and on site enclosed portable chemical toilets will be available at all times when construction activity is taking place on a construction site. Portable chemical toilets shall be screened from view and shall be located so as to minimize any adverse impacts on adjacent sites or neighborhood. Water tankers utilized onsite will load water in accordance with Weld County statues, ordinances and regulations. 7. Wastewater removal- Portable chemical toilets located on the construction site shall be routinely serviced to alleviate the impact of wastewater removal. In addition, the existing farm house has available indoor plumbing facilities. 8. Wetland removal- Riparian and wetland areas, if and where they may exist, are to be protected from disturbance during construction. The developer will comply with Ish Ditch Company regulations regarding activity within easements surrounding the Ish Ditch. 9. Erosion and sedimentation- All construction activity and related vehicles will restrict their activity to access driveways, parking areas and areas under development. The developer has identified the existing farmhouse driveway as the primary access point to the development site for all vehicles with this access point having an installed cattle guard crossing to minimize sediment impact to off site roads. A water truck will be utilized to mitigate the impact of wind erosion. Temporary erosion control measures such as hay bales and silt fences shall be installed prior to any earth moving occurring on the site. 10. Excavation, filling and grading- The developer will position homesites to blend with adjoining predominantly natural areas limiting tree cutting, maintaining or improving existing drainage patterns, minimizing grading and removal of vegetation, protecting sensitive environments, protecting and utilizing distinctive natural features of rocks& vegetation, blending man-made improvements into the topography and overall, preserving the dominance of the natural setting by fitting buildings into the existing landscape. Any settlement or soil accumulation beyond the property limits due to grading or erosion shall be repaired promptly by the developer. Areas disturbed by grading shall be reseeded promptly with native vegetation. 11. Drilling, ditching and dredging- The proposed development with its building envelopes and restrictive homesites therein positioned considerable distances from the Ish Ditch crossing lots # 6 & # 7 should mitigate construction activity in close proximity to the ditch, and therefore, eliminate any adverse impact to the 3 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC ditch. The developer will comply with all Ish Ditch easements and regulations, including those that apply to the pedestrian crossing bridge. 12. Mr pollution- The developer will comply with all applicable statues, ordinances and regulations, and wherever possible, mitigate the adverse impact of construction activity on the neighborhood air. 13. Solid waste- Trash dumpsters will be maintained on the construction site and deemed to be temporary structures. Dumpsters shall be visually screened to the greatest extent practicable. Once a trash dumpster is three-quarters (3/4) full, it shall be scheduled for removal from the construction site. The developer will require that all construction subcontractors shall keep all paved roads on or off site free and clear of all materials, rubbish and debris resulting from construction activity. No road cuts, deletions or additions shall be made to CR1 without the consent of Weld County Public Works. 14. Wildlife removal- No construction worker may keep or maintain a dog or other pet on the construction site at any time. HOA covenants emphasize that native predators are present and that domestic pets should not be allowed to roam free. Additionally, domestic livestock and farm animals will be secured with wildlife proof fencing appropriate for the livestock being raised. Control of nuisance wildlife except bears and mountain lions will be the responsibility of eventual homeowners. 15. Natural vegetation removal- The developer shall insure that all construction activity is performed in compliance with applicable statues, ordinances and regulations. In addition, the developer shall insure that trees not required or authorized for removal are undamaged and brush, surplus soil and other excavated debris are promptly removed from the construction site to mitigate the impact on natural vegetation. Only trees within the designated homesite shall be considered for removal. It is the developer intent to save all existing living trees and vegetation. The developer may authorize the removal of trees in the event that a tree is disease bearing or poses a threat to health and safety. 16. Radiation and radioactive material- The HOA in section 7.8 states that no activity shall be conducted on any portion of the planned community that is or might be unsafe or hazardous to any person or property. The storage of hazardous and or flammable materials including radioactive materials is prohibited during the infrastructure construction phase. The Terracon report dated May 23, 2005 did not reveal the existence of any potential radiation hazards on the property. 17. Drinking water source- Construction activity and crews will be supplied drinkable water from the existing tap connected to the farmhouse on lot #9. 4 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC 18. Traffic impacts- The developer and Weld County Public Works suggests that low traffic impact should be anticipated from this limited development. The developer will insure that all construction activity in proximity of CR1 be in compliance with Weld County statues, ordinances and regulations. Component Two- Service provision impact- The developer has contacted the major service providers with the following results: 1. Schools- Glen Segrue of The St. Vrain Valley School District has indicated that the district has no objections to the Keller Estates approval and that there exists adequate available capacity for the area. In addition, Mr. Segrue indicated in writing to the developer that cash-in-lieu/ land dedication requirements apply and that the school district has review the Keller Drive turn around and related bus kiosk and concurs with its design. The District indicates busing would likely be provided to this end-of-route location and the District does not request any changes to further pedestrian access. The developer has positioned the bus kiosk approximately one-hundred feet off CR1 on Keller Drive in an attempt to enhance pedestrian safety, particularly school children, and to mollify any adverse impact on traffic flow along CR1. In addition, the Keller Drive bus kiosk would be more attractive to the development and neighborhood with little or no impact on traffic flow. 2. Law enforcement- The developer has contacted Commander Broderius from the Weld County Sheriff's Office and has forwarded site and kiosk plans to Commander Broderius for review. In response to Commander Broderius's faxed concerns, the developer has incorporated several suggestions from the sheriff into the project including development signage, school bus kiosk, mail box location, snow removal and street name. 3. Fire protection- The developer has met with Fire Chief Charles who indicates that adequate fire protection exists within five miles of Keller Estates from the Berthoud fire station and that an adequate water supply system from LTWD should generate at least 1000 gallons per minute for dwellings sizes of 3600 square feet or less. In addition, a least one fire hydrant on Keller Drive will meet fire code. The developer anticipates that all these criteria shall be met or exceeded with its proposed water line infrastructure submitted to LTWD and that the residences will qualify for a class three ISO insurance rating. 4. Ambulance- The Berthoud Fire Station less than five miles from Keller Estates has adequate ambulatory services available and will supply ambulance service to the development. 5. Transportation- Weld County Public Works advises that access to the PUD Zone District is via CR1, a "collector" road directly adjacent to the proposed Keller Estates development. CR1 is a twenty-four foot wide asphalt road within a sixty 5 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/16/2005 BreakNeck Weld Properties, LLC foot Right-of-Way and under the jurisdiction and maintenance of Weld County. CR1 requires an eighty foot Right-of-Way. An additional ten foot shall be platted to the County as requested and shall be noted on the Change of Zone Plat. The existing road facilities provide adequate access to the proposed PUD in accordance with Section 22-3-60 through Section 22-3-190 of the County Code. 6. Traffic, Weld County Public Works advises that the proposed Keller Estates is a limited development with anticipated low transportation impact on the surrounding roads, and therefore, a traffic study is currently not required. As indicated by Public Works, the proposed development will introduce 86 additional vehicle trips per day to the offsite roadway system based on nine single-family residential homes including the existing home site at 17792 CR1 that will be relocated to Keller Drive. 7. Storm drainage- The proposed Keller Estates development shall adhere to the storm drainage design and technical criteria regulations of Section 24-7-130 of the Weld County Code and the Urban Drainage Design criteria. The historic storm water drainage patterns shall be maintained. Where appropriate, discharge agreements with adjacent owners accepting the historic site runoff shall be obtained. Down stream impacts shall be avoided through the use of retention and detention systems within the development site. A storm water drainage study shall be included. 8. Utility provisions- Poudre Valley Rural Electric Association, Inc. has indicated that they are ready, willing and able to serve all electrical loads within our certificated service territory subject to the rules and regulations of Poudre Valley Rural Electric Association(REA letter enclosed). Tanked propane gas is currently provided to the site by American Pride Coop. 9. Water provisions- Little Thompson Water District (LTWD) serves currently 17792 CR1 (Lot #9) through tap #356 and will continue to serve this tap. They have a 6" diameter water line located along CR1 with additional capacity available and can commit to provide service to the proposed eight new taps for a standard residential 5/8" X %" water tap per lot (LTWD letter enclosed). 10. Sewage disposal provisions- Terracon's preliminary percolation tests and data on three lots indicate that some lots may not meet Weld County and State regulations for individual sewage disposal systems (ISDS) and leach fields (soil absorption beds). The results would suggest that septic systems with leach fields on the development will need to be designed by a registered, professional engineer on most of the lots due to shallow bedrock conditions and/or poor soil percolation characteristics. Terracon states that when final size and location of each residence and related septic system has been determined, design level percolation testing, soil profile evaluation and engineering analysis will be needed on each site in order to determine system type and design criteria (Terracon report enclosed). "It 6 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/16/2005 BreakNeck Weld Properties, LLC should be noted that design level testing may reveal conditions significantly different from those found during our preliminary study", Terracon said. 11. Structural road improvement plan- The adjacent roadways to the site, particularly CR1, can accommodate sufficiently, the anticipated impact of this non-urban scale PUD. CR1 shall not require improvements of increased travel lanes, shoulders, bike lanes, medians, curbs, gutters or sidewalks due to the anticipated impact of this non-urban scale PUD. Component Three- Landscaping elements- The developer intends, as defined in the HOA, to insure that the landscape design of each lot shall blend with the overall bucolic setting of the neighborhood. New plantings are to be used to protect important views, help to define homesite areas on the lots and screen outdoor service areas and other improvements from adjacent lots and offsite views. Landscape improvements shall incorporate, rehabilitate and enhance existing vegetation, utilize indigenous species and minimize areas of intensive irrigation as defined in Chapter 26 of the Weld County Code. As specified in the HOA and consistent with Appendix 26-G of the Weld County Code, homeowners can utilize various deciduous and evergreen trees in two inch and three inch caliper and shrubs in one and five gallon pots, with the preferred use of large specimen trees in areas close to the homesite. At disturbed areas where extensive replanting may be anticipated, a planting mix that includes ground covers, wildflower sod, grasses and seeding is to be completed using native materials and standard local practices. Developing the outdoor living areas with naturalizing landscapes (plantings that are left to naturalize with little or no maintenance) will help to reduce the apparent impact of wildlife. Concentrations of the more ornamental plantings that are easier to maintain would be advantageous in areas close to the homesite. The HOA contains a list of deer and elk resistant plants for use by homeowners. The developer shall install a minimal mosaic of landscape plantings around the development signage, entry and bus kiosk of low to medium sized shrubs with an intermittent tree overview in accordance with Weld County Regulations. Drought tolerant and native vegetation shall be planted in naturalistic clusters close to these improvements and/or as extensions of the surrounding landscape areas. Stunted growth vegetation shall be clustered around the development signage to alleviate its screening. All planted vegetation shall be self-sustaining, drought tolerant varieties that do not require supplemental watering or regular maintenance. The HOA will be responsible for maintaining all common area improvements and their associated landscaping. Fences and gates may be built within the homesite or building envelope, and on the lot perimeter. They are to be designed as transitional elements, blending buildings into the site. Materials are to be plastic, wood or stone, and selected to match or extend with those of the principal buildings and/or other site walls and landscape structures. Component Four- Site design- This 77 acre homestead has been in the Keller/Gettman Family for over one-hundred years, producing various agricultural products and later 7 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC grazing livestock on the property. The property is supplied agricultural water from both the Ish Ditch on the southeast section across the proposed lots # 6 & 7 and Supply Irrigation Ditch on the southern boundary of the property. The property is VA mile wide along CR1 and 'h mile deep eastward from CR 1 with topography of approximately 5020 feet elevation in the northwesterly corner rising to approximately 5090 feet elevation in the southeasterly corner. This land contains hummocks as it slopes upward from west to east affording exceptional views of the Front Range Mountains. The proposed Keller Estates development attempts to capture the essence of this spectacular view corridor on every lot and to maintain the spirit of the historic homestead while meeting the needs of a new, different population and their homes in a quality contemporary community. The roads and structures built by the developer will incorporate the spirit and often the specific characteristics of traditional bucolic Colorado. Concurrently, today's codes and technology, combined with individual lifestyles and visions of the new residents, will create a new generation of designs for Keller Estates and enhanced ways of building in harmony with nature. The result will be an architectural style of fine craftsmanship, high style rusticity, volumes of natural materials, allusions to pioneer building techniques and strong ties with the site through natural landscaping. The proposed development has adequate public services provided by LTWD, Poudre Valley REA and St Vrain Valley Schools. All these public services can be delivered efficiently and cost-effectively to the development. Sanitary sewage systems will be designed as engineered individual sewage disposal systems with primary or secondary absorption fields located within the boundary outline of the homesite. The conversion of this 77 acre agricultural site to E (Estate) Zone residential use will be accommodated best with nine oversized lots of at least eight gross acres and two acre building envelopes with designated homesites within each lot that insure harmony with and preservation of the agricultural grasslands. Because the ditches are positioned on the high topography of the southeast corner, secondary irrigation water through existing secondary ditches could be available to all lots in the development. The size of the nine lots in Keller Estates minors the immediate surrounding land uses with homesites ranging from less than three acres on the north, to almost 320 acres on the east and to ten acres on the south. Directly across CR1 in eastern Boulder County resides the Paragon Equestrian Centre totaling over 275 acres on three separate parcels. The Keller Estates development will have similar fencing along CR1 as Paragon to further enhance synergy. This proposed development does not reside within a flood hazard, geological hazard or airport overlay district, as identified by maps officially adopted by Weld County. MI mineral rights will be held by the HOA with extraction activities expressly disallowed or controlled. Component Five- Common open space- The proposed Keller Estates development is a non-urban scale development comprised of nine residential lots located in a non-urban area outside a MUD area, and therefore, exempt from open space requirements set forth 8 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 BreakNeck Weld Properties, LLC in Section 27-6-80 of the Weld County Code. This non-urban scale development shall have LTWD water and septic systems with lot sizes exceeding eight gross acres each, two acre building envelopes on each lot and specifically identified homesites within which only the home, septic system and propane tank will be located. Outside the two acre building envelopes, the lots will remain mostly natural grassland and vegetation for livestock with limited planting monitored by the HOA. The lot design will insure attractive view corridors and buffer the site improvements from adjacent lot uses. Component Six- Signage- All development signage shall be designed and constructed of materials that harmonize with the architecture of the site. The common area improvements such as the kiosk and entry monument sign shall be constructed of similar materials and blended with the building materials used on all homes, particularly on lots #1 & #9. The entry monument structure shall have surrounding landscape that extends at least three feet from all sides of the sign base. Component Seven- MUD impact- The proposed Keller Estates development is a non- urban scale development comprised of nine residential lots located in a non-urban area outside a MUD area, and therefore, exempt from the MUD impact issues set forth in Chapter 27 of the Weld County Code. Component Eight- Intergovernmental agreement impacts- The proposed Keller Estates development is a non-urban scale development in a rural area where Weld County and other municipalities have not created an intergovernmental agreement. 9 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/15/2005 November 8, 2005 1 ierracon Consulting Engineers & Scientists Mr. Tom Radi Terracon Consultants, Inc gan . 1242 Bramwood Place BreakNeck/Weld Properties, LLC Longmont, Colorado 80501 10845 West 32nd Street Phone 303.776.3921 Wheat Ridge, Colorado 80033 Fax 303. s coal www.terracon.corn Re: Geotechnical Engineering Report— Preliminary Percolation Testing Proposed Keller Estates Residential Subdivision East side of Weld County Road 1, South of WCR 38 Weld County, Colorado Terracon Project No. 22055099 Terracon has completed geotechnical engineering exploration for the proposed residential subdivision to be located on the east side of Weld County Road 1, south of Weld County Road 38 in unincorporated Weld County, Colorado. This study was performed in general accordance with our proposal number G2205097 dated April 25, 2005. Preliminary percolation testing was performed at selected locations at the site on November 1, 2005. The percolation test holes were hand dug by the client at locations of proposed septic systems and excavated to the depths specified. Preliminary percolation tests conducted in areas of proposed soil absorption beds are summarized as follows: r Percolation Test Results Test Depth Soil Percolation Rate Depth to Depth to Hole (inches) Classification (minutes/inch) Groundwater(ft) Bedrock(ft) P-1 36 CL to Bedrock 34 >25 2 P-2 39 CL 480 >25 7 P-3 38 CL to Bedrock 60 >25 3 Field test results indicate the soils in the area of the proposed septic systems have good to poor percolation characteristics, however, the depth to bedrock and/or poor percolation rates at many locations across the site will preclude the use of standard septic systems at these locations. Preliminary Septic System Construction: Subsurface conditions encountered in the residential lot borings consisted of about two (2) to 14 feet of lean clays overlying sedimentary claystone and claystone/siltstone bedrock. Groundwater was encountered in 5 of our 9 total residence borings when checked one day after drilling at depths ranging from 10 to 29 feet below present site grades. Preliminary field data indicates percolation rates ranging from about 34 to 480 minutes per inch (mpi). These values indicate that the on site soils have variable percolation characteristics, ranging from good to poor. Weld County and/or State regulations for individual sewage disposal systems (ISDS) require that the following criteria, at a minimum, be met in order to construct standard septic system and leach fields (soil absorption beds): Delivering Success for Clients and Employees Since 1965 More Than 70 Offices Nationwide Preliminary Percolation Testing Terracon BreakNeck)Weld Properties,LLC Keller Estates,WCR 1,Weld County,Colorado _ Terracon Project No.22055099 • The depth to bedrock or the maximum seasonal high ground water level must be at least 6 feet below the ground surface in the area of the proposed septic system construction; • Soil percolation rates must be between 5 to 60 minutes per inch (mpi); and • The ground surface slope must not exceed thirty percent Based on the preliminary field test results and data, it appears that septic systems on the site will need to be designed by a registered professional engineer on most, if not all of the lots, due to shallow bedrock conditions and/or poor soil percolation characteristics. In addition, Weld County regulations have certain horizontal setback requirements that must be maintained for septic system construction. In particular, septic fields need to be located at least 100 feet from streams, intermittent streams and irrigation ditches. Flood zones and/or flood plain issues can also complicate, and in some instances, preclude septic system construction. Based on the preliminary percolation tests, and assuming a 4-bedroom residence, leach field bed areas could range in size from about 2,600 to 5,300 square feet, or more, in plan area. When final size and location of each residence and septic system has been established, design level percolation testing, soil profile evaluation and engineering analysis will be needed on each site in order to determine system type and design criteria. It should be noted that design level testing may reveal conditions significantly different from those found during our preliminary study. We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerely, TERRACON ; t, 15 / Gi it Darrel J. DiCarlo asr .r!Y��; . •n.� % . Project Engineer :Y',.F..• '�� 1t 1 %.::ENC' Attachments: Boring Location Diagram Percolation Test Results Logs of Test Borings Copies to: Addressee (3) 2 . f _ ` r 67 si �, LL 00'31'03"E 1323.9 (�> 0 N `- I i Ill -OiP II V�I U 4 i z IA it Q d N R of tea, w 4 Q °Sos_ "' z a a OQ O o I- - . I-- tQ 7-44 X Q Q Q a p 1,7 Z 1 N w v �.(O(n U U U a a a, m °� as(Le, D 1-1 O 0 won �•• 1 .N �� —3 ULui ZZ NEM fc.: , -: - r P'— ea ., ,,, c, vt...„oo 1... �`- W w v, 0 -Wd .. Q o°jo Vuu_ al I v U S CO ¢mw0- Z h Q J .. 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ILL Kg v I (d) .513 5z£L /N„VC), 1103 I Bozo C .00"oazI 10 nil°ON.1SIX3 L# a g6 d1Nf103 I as o PERCOLATION TEST RESULTS Client/Project: BreakNeck/Weld Properties, LLC/Keller Estates Project No.: 22055099 Location: East side of WCR 1, South of WCR 38 Tester: KPL Legal Description: NW 1/4 Section 6, T 2 N, R 68 W Test Date: 11/1/2005 Soil Description: Lean Clay (CL) to Claystone Bedrock P - 1 (Lot 2) P - 2 (Lot 6) P - 3 (Lot 9) Depth: 36" Diameter: 11" Depth:39" Diameter 11" Depth:38" Diameter 11" Change in Change percolation ReadingChange in Change Percolation Change in Change Percolation Reading Height in Time Reading 9 RateHeight in Time Rate Height in Time Rate 2111/16 - - - 23 - - - 22 1/16 - - - 23 7/16 1 3/4 30 17 23 1/16 1/16 30 480 24 3/8 2 5/16 30 13 2413/16 1 3/8 30 22 23 1/8 1/16 30 480 25 5/8 1 1/4 30 24 25 7/8 1 1/16 30 28 23 3/16 1/16 30 480 26 1/4 5/8 30 48 26 3/4 7/8 30 34 23 1/4 1/16 30 480 26 3/4 1/2 30 60 Hole Perc. Rate: 34 min./in. Hole Perc. Rate: 480 min./in. Hole Perc. Rate: 60 min./in. 1242 Bramwood Place, Longmont, Colorado 80501 llerrzJcon LOG OF TEST BORING NO. TB-2 Page 1 of 1 , CLIENT BreakNeck/I/Veld Properties, LLC SITE E. side of Weld County Rd. 1, S. of WCR 38 PROJECT Weld County, Colorado Keller Estates Boring Location: Lot 2 SAMPLES TESTS -J La o DESCRIPTION m >- al-Ofa�h U x K Q H F- Z 0 I- (:)% S Co W > F-- KW z Zcez �So a 0 w 0 z3 tuH F 2 >- L)2cr wz. rD Approx. Surface Elev.: Grade a D D F CC awo s >O 0 0. D N W C o ° 0.5 TOPSOIL LAYER 2 (Clayey soil with moderate vegetation and I CL root penetration. LEAN CLAY brown rust ra moist. CLAYSTONE CB 50/12 14 115 +3.4/500 varies to CLAYSTONE/SILTSTONE, gray, 5 rust, olive, brown, medium hard to very hard, moist. CB 50/7 12 122 +3.0/500 10 15 CB 50/6 11 106 Y 20 CB 50/6 25 CB 50/6 25 Bottom of Test Boring O 2 0 0 U Q ll W ft The stratification lines represent the approximate boundary lines g between soil and rock types: in-situ,the transition may be gradual. Q4 WATER LEVEL OBSERVATIONS, ft BORING STARTED 5-10-05 IL Y Dry 5/10/05 3Z Dry 5/11/051rBerracon ROBING COCME-55ED FFOREMAN 5-10-05 D L � APPROVED EJP JOB# 22055099 LOG OF TEST BORING NO. TB-6 Page 1 of 1 CLIENT BreakNeck/Weld Properties, LLC SITE E. side of Weld County Rd. 1, S. of WCR 38 PROJECT Weld County, Colorado Keller Estates Boring Location: Lot 6 SAMPLES TESTS O O O DESCRIPTION m r o 3 z =tid ��„ il U Y cc W Q c Z F LLW~ Or'' o. = w W > w\ K W Z Z cc z _,=c ix o_ w 03 c Z3 Fz �� JIY C7 Approx. Surface Elev.: Grade o : z I ce a.3 O ,K-,- D o W 0�o ‘4'i "0.5 TOPSOIL LAYER — \Clayey soil with moderate vegetation and root penetration. LEAN CLAY —— brown, rust, olive, very stiff to hard, moist, — slightly calcareous. — CL CB 22/12 19 107 10310 5 7 - CLAYSTONE - varies to CLAYSTONE/SILTSTONE, gray, rust, olive, brown, medium hard to very CB 50/11 17 112 +1.5/500 hard, moist. 10 - CB 50/7 16 116 +2.4/1000 15 - 20 - CB 50/6 25 - CB 50/6 - 30 Bottom of Test Boring Q i- 0 O 0 O C Q cc cc W r ft The stratification lines represent the approximate boundary lines si between soil and rock types: in-situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 5-10-05 iit o WWLL Dry 5/10/05 Y Dry 5/11/05 Bllerracon B CME-55 FOREMAN ORING COEFD 5-10-05 DJD I iii cc co WL APPROVED EJP JOB # 22055099 N. LOG OF TEST BORING NO. TB-9 Page 1 of 1 • CLIENT BreakNecldWeld Properties, LLC SITE E. side of Weld County Rd. 1,S. of WCR 38 PROJECT Weld County, Colorado Keller Estates Boring Location: Lot 9 SAMPLES TESTS 0 0 - ❑> a mw 2 DESCRIPTION m i F W w z0'.,7, 0_ r m m a H -_ z colt 0.5 a _ = U) W J LIJ �C KW z 1-1-10 -J p a w en d 0 z 3 H z > 0U 2 K W CC Q A rox. Surface Elev.: Grade W CO D r w w o .10 a C, z o I- 3 D p PP o DZH d' da 3U ❑ a 7 UCO CO " ``0.5 TOPSOIL LAYER (Clayey soil with moderate vegetation and I CL root penetration. '3 LEAN CLAY brown, rust, gray, slightly moist to moist. CLAYSTONE CB 50/10 15 107 5310 gray, rust, brown, medium hard to very 5 hard, moist. CB 50/9 19 110 +2.7/500 10 CB- 50/6 18 108 15 _ CB 50/6 20 25 CB 50/5 25 Bottom of Test Boring in F a c o O U a cc The stratification lines represent the approximate boundary lines between soil and rock types: in-situ, the transition may be gradual. z _ WATER LEVEL OBSERVATIONS, ft BORING STARTED 5-10-05 WL s Dry 5/10/05 = Dry 5/11/05 lierracon BORING COMPLETED 5-10-05 o WL 2 Y RIG CME-55 FOREMAN DJD m� APPROVED EJP JOB # 22055099 Pre ir tit;i st Air MEMO THE ISH RESERVOIR COMPANY 4309 STATE HIGHWAY 66 LONGMONT, CO 80504 December 22, 2005 TO: Tom Radigan BreakNeck Weld Properties, LLC P O Box 894 Wheat Ridge, CO 80034-0894 RE: Request for Keller Estates, Bridge Crossing The Ish Board reviewed your request on December 20, 2005. The board has approved for the following; • The Crossing Fee of $2,500.00 has been waived • You will be responsible for any and all legal, engineering & insurance fees, if any! • More detail on concrete footings, how deep into the bank(s), more dimensions and etc... • The Ish Reservoir needs plenty of clearance • Easements; the Ish Reservoir has historical easements, along both sides of the ditch, and from the edge of both sides of the ditch. • A License Agreement will need to be signed and recorded before any work is started BreakNeck Weld Properties, LLC TO: Ish Reservoir Board, C/O Jill Baty, Highland Ditch Company FROM: Tom Radigan, Managing Member, BreakNeck Weld Properties, LLC RE: Case#MK 1097, Keller Estates,Nine Lot Non-Urban Scale PUD Dear Ms. Baty; BreakNeck Weld Properties, LLC has proposed to develop the existing 76.55 acre home site at 17792 WCR 1, Berthoud, CO 80513 into Keller Estates, a residential development consisting of nine lots ranging in size from 8.3 gross acres to 9.6 gross acres. Please refer to the enclosed site plan. We are soliciting approval from the Ish Reservoir Board to install a pedestrian bridge crossing the Ish Ditch between lots#6&# 7 of the proposed development. In general, this bridge will span approximately thirty feet and will have an interior width of eight feet. Please refer to the engineered bridge drawings enclosed. The pedestrian bridge will be placed where land on both sides of the Ish Ditch is owned by the landowner. Our pedestrian bridge will be similar in style and structure as the bridge installed across the Ish Ditch by Vance Diggins of Paragon Equestrian Center and will facilitate maintenance of our land on the south side of the Ish. We currently own 5 New Ish Shares, 5.5 Supply Irrigation Shares and 20 CBT Shares. We intend to produce a high quality, environmentally sound, new rural community that preserves and enhances the existing bucolic setting, the site design and the landscape of each lot. Activities will be carefully planned according to specific standards established by the Keller Estates Homeowners Association, Inc. The property is described legally as the North Half of the Northwest Quarter of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The existing home on lot nine will be removed and a new house built. Each lot will contain a two acre building envelope with residences positioned to facilitate an unobstructed view corridor of the Front Range. The individual lots will be rezoned from(A) agricultural to(E) estate zone district per sec. 23-3-400 of the Weld County Land Use Code. The project's design guidelines have been created to insure that all improvements in Keller Estates preserve the natural beauty of the area and maintain a unified design theme throughout the community. The homes will be designed as ranches on the front westerly six lots, and ranches or two-story homes on the most easterly three lots. All homes will accommodate walkout basements and emphasize a rustic Colorado style. Manufactured homes will not be permitted as the primary residences. Homesites will be established within the Building Envelopes in order to insure that every primary residence with propane tank and the individual sewage disposal system(ISDS)with primary and/or secondary absorption field envelopes will be sited in the most appropriate view location and to insure that all other improvements and farm animals are placed outside the Homesites. The building envelopes exclusive of the 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/1/2005 BreakNeck Weld Properties, LLC Homesites of the lots will incorporate outdoor structures such as barns, sheds, decks, grain bins and other similar outbuildings. Only utility connections, fencing and driveways will be constructed outside the building envelopes. The developer is proposing a non-urban scale development located in a non-urban area as defined in chapter 22 of the Weld County Land Use Code since it is not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. This non-urban scale development on LTWD water and individual sewage disposal systems(ISDS) shall have lots sizes in excess of 8.3 gross acres. After reviewing this bridge request for the proposed development, please call Tom Radigan at 303-881-1996 with any unanswered questions or suggestions. We hope this project does not conflict with your interests. Your prompt attention to this matter is appreciated. Sincerely, Tom Radigan, Managing Member 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/1/2005 DEC-16-2005 FRI 01:09 PM FAX NO. P. 01 Report Da : 12!16/2005 01:07PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCH DULE NO:R4716286 ASS SSED TO: GE MAN ABE 177 WELD CO RD 1 BE OUD.CO 80513 LEGAL DE CRIPTION: 25478 N2 4 6 3 68(1DI R4S)%17792 WCR 1%SITUS: 17792 1 CR WELD 00000 PARCEL: 120706000004 SITUS ADD: 17792 1 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 1,232.88 0.00 0.00 1,232.88 0.00 TOTAL TAXES 0.00 GRAND OTAL DUE GOOD THROUGH 12/16/2005 0.00 ORIGINAL AX BILLING FOR 2004 TAX DISTRICT 2314- Authority MITI Levy Amount Values Actual Assessed WELD CO NTY 19.957 308.33 AGRICULTUR 25,235 7,320 SCHOOL ST RE1J 40.089 619.37 AGRICULTUR 1,001 290 NCW WA ER 1.000 15.45 AGRICULTUR 98,479 7,840 SVW WA ER 0.230 3.55 ------- -- -- LTW WA ER 0.000 0.00 TOTAL 124,715 15,450 BERTHOU FIRE 13.774 212.81 BERTHOU FIRE BOND 1.500 23.17 SR EXEMPT 0 0 WELD LIB RY 3.249 50.20 -------- ---- -------- ---------- NET TOTAL 124,715 15,450 TAXES FO 2004 79.799 1,232.88 AU.TAX IJE SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADV TISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTS PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES•AUGUST I. REAL PROP RV(-AUGUST t TAX LEN SALE REDEMPTION AMOUNTS MUST BE PAS)BY CASH OR CASHIERS CHECK. P.O.Box 4 8 s-- Greeley,C 80632 (970)35 5 ext.3290 .A-2t 7:4,-.4--.4.-,. X # j03 _,Zo,2_ - 434io vA —. .0.a. 0-/ ._._-. WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s) of Taxes Du ,issued by the Weld County Treasurer,are evidence that,as of this date,all property taxes, s ial assessments and prior tax liens currently due and payable connected with the parcel(s) ide tified therein have been paid in full.Sig e -- 7.t_w 72/7# Date: � G //c DEC-16-2005 FRI 01 :10 PM FAX NO. P. 02 Report Da :12116/2005 01:07PM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE S EDULE NO:W6667186 A SSED TO: G MAN ABE 1 WCR 1 BE HOUD,CO 80513 LEGAL D CRIPTION: 20AF N2 4 6 368 PARCEL: 120706000004 SITUS ADD: TAX YEAR ASSESSMENT ASMT AMOUNT INTEREST FEES PAID TOTAL DUE 2004 7810 30.00 0.00 0.00 30.00 0.00 TOTAL ASMT 0.00 GRAND_TOTAL DUE GOOD THROUGH 12116/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 7110- Authority MITI Levy Amount Values Actual Assessed NORTHERN COLORADO WATER 1000.000 0.00 ------- --- ------- ---------- TOTAL 0 0 TAXES F02 2004 1000.000 0.00 NORTHERN COLORADO WATER 3000 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OP CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1. REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAIL)BY CASH OR CASHIERS CHECK. P.O.Box 468 Greeley,CO 80632 (97D)353-3845 ext.3290 .-r WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s)of Taxes Due issued by the Weld County Treasurer, are evidence that, as of this date,all property taxes, spec al assessments and prior tax liens currently due and payable connected with the parcel(s) iden 'fled therein have been paid in full. Si Date: /102/1 4/1O,r O,r BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#MK 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, LLC & S-Corp Structure BreakNeck Weld Properties, LLC was formed by Tom Radigan(Managing Member), Jim Green(Member), Catherine Henry(Member) and Linda Winkleman(Member). A fifth Member(G. Juschka) was bought-out by Ms. Winkleman in 2005. Currently, these four Members have the following ownership percentage: Tom Radigan 33.34% Catherine Henry 25.00% Jim Green 25.00% Linda Winkleman 16.66% Total 100.00% Prior to the Final Plat,BreakNeck Weld Properties, LLC will form an S-Corp, BreakNeck Weld Properties, Inc. and transfer all rights and entitlements in the proposed Keller Estates property to the S-Corp. BreakNeck Weld Properties, Inc. will continue to be owned by the above four individuals, and will perform all infrastructure development on the proposed Keller Estates property. Tom Radigan will continue to be the managing shareholder in the S-Corp. Attached are the following documents: Personal Representative's Deed Certificate of Authority BreakNeck Weld Properties, LLC Recitals Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 12/20/2005 Recitals BreakNeck Weld Properties, LLC, a Colorado Limited Liability Company (the "Company") has been formed as described hereinafter. The parties, Tom Radigan (Managing Member), Jim Green (Member) and Catherine Henry (Member), Linda Winkleman (Member) and Grant Juschka (Member) hereafter referred to as the Members of BreakNeck Weld Properties, LLC, enter into this Operating Agreement as the Company's and their binding agreement and for all purposes permitted to an operating agreement under Colorado law. Wherefore, the parties agree as follows: ARTICLE 1 Introduction Section 1.1. Formation of Limited Liability Company. The Organizer(s) of the company are: Tom Radigan(Organizer). The organizer(s) acted to form an Colorado limited liability company under the laws of the State of Colorado by the filing of Articles of Organization(the "Articles") for BrokenNeck Parker Properties, LLC on behalf of the initial Members as set forth in Schedule A (attached hereto), and any and all additional and/or substituted Members under Sections 2.8 and 6.4 hereof(hereinafter referred to collectively as the "Members"). The Company's business shall be conducted under such name until such time as all the Members shall hereafter designate otherwise and file amendments to the Articles in accordance with applicable law. This Operating Agreement is subject to, and governed by, the Colorado Limited Liability Company Act and the Articles of the Company filed with the Colorado Secretary of State. In the event of a direct conflict between the provisions of this Operating Agreement and the mandatory provisions of Colorado statutes or regulations, or provisions of the Articles of the Company, then such conflicting statute or provision in the Articles will be controlling. In the event any provision of this operating agreement is prohibited or conflicts with the laws of Colorado, the laws of the state shall prevail, and provisions in conflict shall be severed from this Operating Agreement. In the event of a conflict, this Operating agreement shall be considered amended only to the extent necessary to conform to the applicable laws,and all other provisions shall otherwise remain in full force and effect. The company shall execute such further documents and take such further action as shall be appropriate or necessary to comply with the requirements of law for the formation and operation of a limited liability company in all states and counties where the company elects to carry on its business. Section 1.2.Defined Terms. The terms used in this Agreement with their initial letters capirali7M shall, unless the context otherwise requires or unless otherwise expressly provided herein,have the meanings specified in this Section 1.2. The singular shall include the plural and the masculine gender shall include the feminine and neuter, and vice versa, as the context requires. When used in this Agreement, the following terms shall have the meanings set forth below: (a) "Act"shall mean the Colorado Limited Liability Company Act,as the same may be amended from time to time. (b) "Additional Member" shall mean any person or Entity admitted as a Member pursuant to Section 2.8 hereof. (c) "Affiliate" shall mean any individual,partnership, corporation, limited liability company, trust,or other Entity or association, directly or indirectly, through one or more intermediaries,controlling, controlled by, or under common control with a Member. The term"control," as used in the immediately preceding sentence,means, with respect to a corporation the right to exercise, directly or indirectly, more than 50% of the voting rights attributable to the controlled corporation, and, with respect to any individual, partnership, trust, other Entity or association,the possession,directly or indirectly,of the power to direct or cause the direction of the management or policies of the controlled Entity. Hello