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Home My WebLink About20062338.tiff MEMORANDUM Wg` a TO: Board of County Commissioners COLORADO DATE: August 30, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Glora Loma PUD, PF-521 Addition to Notes on Plat The Departments of Public Health and Environment and Planning Services supports the addition of the following note. 2.K At such time that the existing engineered septic system fails, each property owner shall be required to connect to the existing St Vrain Sanitation District System and pay the applicable fees for connection. (Department of Planning Services) and renumber accordingly after this note is inserted. I : F. IS 44 t , '` .F I I il , li ,+61 44, a i it- } In d t N °" w t," yi „ E, �,�., ,hi, .U,e. e OOg1e'�, _BO Nj U' Ineye .U'I, Uipit I ,Imo.be• EXHIBIT t ?F #.521 Exhibit E is an Oversized Plat Map r Please see Original in File Page 1 of 2 Esther Gesick From: Kim Ogle Sent: Wednesday, August 30, 2006 2:19 PM To: Esther Gesick Cc: David Bauer Subject: FW: Gloraloma Attachments: PF-0521 Gloraloma final drainage rev#1.doc; Kim Ogle.vcf Esther please add attached memorandum to case file. It should be in place, however, if not ... The electronic mail is for my use and not required to place in the official file Thanks Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us From: David Bauer Sent: Wednesday, August 30, 2006 1:58 PM To: Kim Ogle Cc: Peter Schei; Jesse Hein; Brian Varrella Subject: Gloraloma Kim, The statement at this morning's BOCC hearing by Kris Pickett that this request for the applicant to provide proof of a drainage easement "just came up on Friday" (August 25th) is untrue. Please see the attached April 5, 2006 memo from Brian Varrella / Public Works regarding his review of the Gloraloma case. Note that Brian's second item under General Comments specifically requests that the applicants provide a drainage easement from the Coal Ridge Ditch Company to accept the detention pond discharges. An e-mail to Kim Ogle, from Sean Phipps of Pickett Engineering dated 9:14 am, August 29, 2006 states: "In their referral comments dated April 5, 2006, the Weld County Public Works Department stated that "A drainage easement will be required with the owners/operators of the Coal Ridge Ditch" ". Obviously Sean Phipps and Pickett Engineering was in receipt of the April 5, 2006 memorandum from Brian Varrella in which they were notified in April, 2006 of the need to address the drainage easement issues. Please have this memorandum from Brian Varrella added to the record at the next Gloraloma hearing. I can also make you copies of the e-mail exchange between Brian and Sean Phi. •s if you deem them of use. EMMET 8/30/2006 Page 2 of 2 As I see it, for the Gloraloma project to move forward, they will have to provide: 1. A copy of an agreement between Gloraloma and FRICO allowing the construction of a drainage swale or swales to convey stormwater runoff from the east 19-lot subdivision across the 30-foot wide strip of land owned by FRICO to Gloraloma's Tract A / detention pond area. 2. An agreement with the Coal Ridge Ditch Company accepting discharges from the proposed Gloraloma detention pond at a specified location OR PROVIDE 3. Revised drainage designs, including infiltration rate calculations and geotechnical stability considerations of the ditch embankment related to construction of a retention pond capable of storing the entire 100-year stormwater runoff volume from the developed site plus typical freeboard and safety factor. 4. Placement of the detention pond 100-year storm inundated area OR the retention pond 100-year storm inundated area in a drainage easement on the Final Plat. 5. In the event that the retention pond approach to drainage management is requested, applicant should request a variance from the stormwater detention requirement enumerated in Weld County Code 24-7-130 for the proposed Gloraloma retention pond. If you have any questions, please feel free to call, Thank you for your assistance with this case. David Bauer, P.E. Weld County Public Works 1111 H Street Greeley, CO 80632-0758 (970) 304-6496 8/30/2006 Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Monday, September 04, 2006 6:46 PM To: sphipps@pickettengineering.com Cc: Brian Varrella; David Bauer; edpruss@earthlink.net; Esther Gesick Attachments: Kim Ogle.vcf Hello Sean Staff has reviewed the water agreement via conversation with JL of CWCWD and has determined that the letter of May 31, 2006 is sufficient for this proposed development. Staff has not received any updated information on the proposed drainage plan or calculations as outlined in the referral from Brian V. of the Public Works Department. Staff has also not received any information from FRICO concerning issues regarding same relative to ditch easement, crossing or delivery of water to said Ditch Staff received a facsimile letter from KerrMcGee Oil and Gas Onshore LP dated August 29, 2006 and copied to Don & Linda Owens do Ed Pruss, Coldwell Banker stating that a mutually acceptable surface use agreement has not been executed. Staff directs either Mr. Phipps or Mr. Pruss to contact Kerr McGee at 720-264-2642 [Terry Enright] to finalize such an agreement. This case will not move forward to the Board until such an agreement is in place or mitigation mutually acceptable to both parties has been delineated. Copies of letter will be provide upon request. Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us EXHaff I 9/6/2006 \lI KerrAtGee Kerr-McGee Oil&Gas Onshore LP September 12, 2006 1999 Broadway,Suite 3700,Denver,Colorado 80202 303-296-3600•Fax 303-296-3601 Mr. Kim Ogle Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 Re: Don & Linda Owens c/o Coldwell Banker(Attn: Ed Pruss) - Applicant Site Specific Development Plan and Planned Unit Development Final Plan Township 2 North, Range 67 West of the 6th P.M. Section 9: SE/4 Weld County, Colorado Dear Mr. Ogle: The purpose of this letter is to inform you that Kerr-McGee Oil & Gas Onshore LP, who holds valid and subsisting oil and gas rights in the captioned property, after further review of the Owens application for a Site Specific Development Plan and Planned Unit Development Final Plan, acknowledges and supports the development. Please contact me at 720-264-2628 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely, Kerr-Nfp Oil & Gas Onshore LP utera dman Cc: Don & Linda Owens c/o Coldwell Banker(Attn: Ed Pruss)—Applicant Joseph H. Lorenzo —Kerr-McGee Oil & Gas Onshore LP EXHIBIT f'7 PL/73c/ pps�z � iatt MEMORANDUM TO: Board of County Commissiones COLORADO DATE: September 27, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Final Plat Hearing for Gloraloma Estates PUD, PF #521 Request for Continuance The Department of Planning Services is in receipt of an electronic mail from Sean Phipps,of Pickett Engineering,engineers for the applicant, requesting additional time to finalize the storm water runoff issue, the related easement issue and revised final drainage report for this PUD application. Mr. Phipps has indicated that an on-site meeting with the engineers representing FRICOwill occur on October 6, 2006. Given the potential new documentation and review period required for the applicant and the Department of Public Works, the applicant is requesting a November 1, 2006 hearing. The Clerk to the Board's office has confirmed this date with staff. It is important to note that the applicant is diligently working on resolving issues specific to the maintenance of the septic systems by the Homeowners' Association and their status of the Annexation Agreement with the Town of Firestone. The applicant has recently secured an oil and gas surface use agreement with Kerr McGee Oil and Gas Onshore, LP. The Department of Planning Services is in support of the requested continuance to November 1, 2006 and requests the Board's approval of this date. EXHIBIT T pF roil Weld County Planning Department SOUTHWEST BUILDING SEP _ 6 2006 �1J KerrivtGee RECEIVED Kerr-McGee Oil&Gas OnShore LP 1999 Broadway.Suite 3700,Denver,Colorado 80202 303-296-3600•Fax 303-296-3601 August 29, 2006 Mr. Kim Ogle Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 Re: Don& Linda Owens c/o Coldwell Banker (Attn: Ed Pruss) -Applicant Site Specific Development Plan and Planned Unit Development Final Plan Township 2 North, Range 67 West of the 6th P.M. Section 9: SE/4 Weld County, Colorado Dear Mr. Ogle: This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP ("KMG") holds valid and subsisting oil and gas lease rights in the captioned property. KMG's rights may be adversely affected by the Site Specific Development Plan and Planned Unit Development Final Plan being proposed by Don & Linda Owens c/o Coldwell Banker. KMG is submitting this comment and objection timely, in accordance with State of Colorado and Weld County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The company has the right to produce from existing wells, to maintain, rework, recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the company is consequently concerned about any development, surface use,plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its property. KMG's preferred practice is to meet with surface owners and attempt to conclude a mutually acceptable surface use agreement. It is essential that such an agreement be in place before the County approves the developer's application. However, as of this date, KMG and Don & Linda Owens c/o Coldwell Banker have not concluded such an agreement. KMG must object to any approval by the County of Don & Linda Owens c/o Coldwell Banker plans that fails to fully accommodate KMG's right to explore for, develop and produce oil and gas from its leasehold interests. KMG requests that the County withhold final plat approval until such time as the surface owner and KMG have concluded a surface use agreement. Any future surface development plans should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future well, pipelines, gathering lines and related oil and gas facilities and equipment. The County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Please contact me at 720-264-2642 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface owner of the property and looks forward to working with the County to accomplish its land use planning goals. Very truly yours, KERR-McGEE OIL & GAS ONSHORE LP - r/ E? L i r Terry Enrigl Landman Sp& iist Cc: Don & Linda Owens do Coldwell Banker (Attn: Ed Pruss)—Applicant Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Monday, September 25, 2006 7:50 AM To: Pam Smith Cc: Esther Gesick; Jennifer Luna; David Bauer Subject: FW: Gloraloma Estates Attachments: Ltr to Kim Ogle re specific dev guide.pdf; Kim Ogle.vcf Pam can you help me with this one? David, have you had any contact with the Pickett group? Also,jenny, this case may not be in a position to move forward on Wednesday. Will keep you posted. Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us From: Sean Phipps [mailto:sphipps@pickettengineering.com] Sent: Friday, September 22, 2006 4:50 PM To: Kim Ogle '"' Cc: Pam Smith; Kris Pickett; edpruss@earthlink.net Subject: Gloraloma Estates Kim, I have attached a copy of a letter requesting a change to the specific development guide regarding the septic maintenance. The original will come to you in the mail (with a copy delivered to Pam Smith)and will also contain the revised specific development guide. Please let me know if you have any questions or concerns about this. If you can, please give me a call on Monday to discuss the BOCC meeting scheduled for September 27th. I need to know if we are going to be an agenda item for that BOCC meeting. We have had a very positive meeting with FRICO but we are still coordinating with them to secure the necessary easements. We can give a progress report to the Commissioners but may not want to ask them for a decision on the plat on the 27th. Thank you Kim, I look forward to speaking with you. Sean Phipps, PE Project Manager PICKETT ENGINEERING,INC. 808 8th Street Greeley, CO 80631 Phone 970.356.6362 ext. 28 Fax 970.356.6486 9/27/2006 P E Weld County Planning Department SOUTHWEST BUILDING SEP 2 5 2006 PICKETT RECEIVED ENGINEERING, INC. September 22, 2006 Kim Ogle Southwest Weld County Services Complex 4209 WCR 24 1/2 Longmont, CO 80504 RE: Revisions to Specific Development Guide Gloraloma Estates, PUD PEI No. 02-006 Dear Mr. Ogle: The specific development guide that was submitted with the Final Plat application for the above referenced subdivision contained a statement regarding the maintenance of individual septic systems. The specific development guide contains the following statement. Professionally engineered individual sewage disposal systems will be required for each proposed residence. A homeowners association will manage the maintenance of the septic system. The homeowners association will establish a schedule for the required maintenance and will collect dues to pay the costs associated with the maintenance. The statement in the specific development guide is in conflict with the covenants that were drafted more recently. Section 3.7.1 of the covenants contains the following statement. Septic Systems. It shall be noted that being in Weld County, that the sewage disposal systems on each lot are of a septic tank and leach field. There are primary and secondary field envelopes. These field envelopes require periodic maintenance and care. It shall be the responsibility of each lot owner to provide to the Association a letter or invoice from a qualified sewage company no more than every two years that their systems have been inspected and or pumped and that each system is in good working order. It is further stated that activities such as landscaping(i.e.,planting of trees or shrubs), construction (i.e., auxiliary structures, dirt mounds, etc.), and animal husbandry activities or other activities that would interfere with the construction, maintenance or function of the fields are expressly prohibited in the designated absorption field site. The description of the septic maintenance contained in the specific development guide is incorrect and the statement contained in the covenants reflects the intention of the applicant. We have attached to this letter a revised copy of the specific development guide for your 808 8th Street --- Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 Weld County Planning Gloraloma Estates,PUD September 22,2006 Page 2 of 2 review. The previous description of the septic maintenance was replaced with the language from the covenants. We would like to request that this revised copy of the specific development guide be kept in the County's records in place of the copy submitted with the final plat application. Thank you for your consideration of this matter; if you have any questions, please contact me. Sincerely, PICKETT ENGINEERING, INC. /tom • R. Sean Phipps, PE /i Project Manager RSP/pkg enclosure cc: Ed Pruss, Owners' Representative Pam Smith, Weld County Health Department GLORALOMA ESTATES PUD PEI No. 02-006 SPECIFIC DEVELOPMENT GUIDE Weld County Code—Article VI Section 27-6-30. Major Components of the Development Guide The development guide consists of eight (8) major components of the PUD development, as follows: A. Environmental impacts. B. Service provision impacts. C. Landscaping elements. D. Site design. E. Common open space usage. F. Proposed signage. G. MUD impacts. H. Intergovernmental agreement impacts. Section 27-6-40. Component One—Environmental Impacts A. Intent. The intent of Component One is to identify and isolate any possible impacts the proposed use may have upon the environment on the site, as well as on neighboring sites. B. Duties of the Department of Planning Services. The Department of Planning Services, in conjunction with personnel from the Public Works and Department of Public Health and Environment, will be responsible for reviewing the potential environmental impacts presented by the PUD development. The Department of Planning Services will utilize the development guide for assessing each of the following environmental impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts. The explanatory statements are as follows: 1. Noise and vibration: It is not anticipated that any excess noise or vibrations will be created by the project that would not be associated with a typical low-density residential development. Noise from the existing WCR 19 will be buffered with landscaping. Specific Development Guide Page 1 of 19 Gloraloma Estates PUD Revised September 22, 2006 2. Smoke, dust and odors: The project will not generate any unusual smoke or odors. During construction, dust control will be provided in accordance with local and state regulations. 3. Heat,light, and glare: Heat, light and glare will be controlled by the landscape and development designs. 4. Visual/aesthetic impacts: The natural grade on the site is from southeast to northwest. This natural grade, the large lots proposed on this PUD Change of Zone, and landscape buffering will minimize any visual/aesthetic impacts. The landscape buffering will provide screening along WCR 19 and along the boundary of the oil/gas facilities located southeast of the development. All buildings will conform to Weld County building codes. 5. Electrical interference: There are no reasons to expect that the development of the lots proposed in this PUD Change of Zone will create any electrical interference. 6. Water Pollution: No water pollution will occur. Wastewater treatment is discussed below. A majority of the site, including any areas outside of the proposed residential units and their irrigated yards, will maintain its current land use as equestrian pasture. It is anticipated that these equestrian pastures will consist of non-irrigated pasture grasses, which will provide erosion control and water quality for storm drainage in an historic manner. None of the developed areas will be allowed to drain into the adjacent properties or into the Coal Ridge Ditch. Three (3) copies of the final drainage report are included with this submittal for additional information regarding stormwater management. 7. Wastewater disposal: Professionally engineered individual sewage disposal systems will be required for each proposed residence. Refer to the two copies of Terracon's Geotechnical Engineering Report dated November 17, 1999, that have been included with this submittal. Specific Development Guide Page 2 of 19 Gloraloma Estates PUD Revised September 22, 2006 8. Wetland removal: r The site has been evaluated for wetlands. The "Wetland and Rare Species Evaluation" prepared by Wildland Consultants and dated March 2003, determined that no wetlands exist on the property. An existing grove of Plain's cottonwood trees on the site does exhibit some riparian-like characteristics. However, this existing grove of trees will not be impacted by the proposed development. Refer to the Wildland Consultants' Wetland and Rare Species Evaluation, Gloraloma Subdivision, March 2003 (two copies included with this submittal). 9. Erosion and sedimentation: Erosion and sedimentation during construction will be controlled in accordance with local, state, and federal regulations. After construction, erosion and sedimentation will be controlled with landscaping, settling ponds, and storm drainage structures. This is discussed in more detail in the stormwater drainage section. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006, prepared by Pickett Engineering, Inc. (three copies included with this submittal). 10. Excavating, filling and grading: The proposed grading operation on the site is limited to the roadway construction and excavating the storm drainage ponds. This material will be used to fill some low areas to create berms to supplement the landscape screening and as necessary for the installation of utilities. 11. Drilling,ditching and dredging: See "Excavating,filling and grading, " above. 12. Air pollution: No uses are planned that would require an APEN. Other activities, which could create air pollution and the preventative measures taken, are addressed in other sections. 13. Solid Waste: A local trash company will collect and dispose of solid waste. 14. Wildlife removal: The site has been evaluated for the presence of endangered wildlife. Wildland Consultants' report determined that none exist on the property. Please Refer to Exhibits: Wildland Consultants' Wetland and Rare Species Evaluation. Specific Development Guide Page 3 of 19 Gloraloma Estates PUD Revised September 22, 2006 15. Natural vegetation removal: The majority of the existing vegetation consists of seeded grass and weeds on equestrian pastureland. There are no areas of native grassland on the site. No stands of trees will be impacted by the proposed development. Refer to Exhibits: Wildland Consultants' Wetland and Rare Species Evaluation. 16. Radiation/radioactive material: There are no sources of radiation or radioactive material on site. 17. Drinking water source: This is discussed in the following section, 27-6-50, B.9. 18. Traffic impacts: This is discussed in the following section, 27-6-50, B.5 & 6. Section 27-6-50. Component Two—Service Provision Impacts A. Intent. The intent of Component Two is to ensure that service provisions to the site have been adequately planned for and are available to serve the site now and into the future. B. Duties of the Department of Planning Services. The Department of Planning Services, Public Works and other County agencies are responsible for determining if adequate service provisions will be available for the proposed PUD development. The Department of Planning Services will utilize the development guide for addressing each of the following service provision impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts: The explanatory statements are as follows: 1. Schools: Anita Salazar of the Ft. Lupton School District stated that when all 19 lots have been built upon, the anticipated additional school students would not adversely affect the existing schools. 2. Law enforcement: The Weld County Sheriff's Department will provide law enforcement. 3. Fire protection: The Platteville/Gilcrest Fire Protection District will provide fire protection. Refer to Exhibits: Letter from the Platteville/Gilcrest Fire Protection District dated February 25, 2003. Specific Development Guide Page 4 of 19 Gloraloma Estates PUD Revised September 22, 2006 4. Ambulance: Weld County Paramedic Services will provide ambulance services. Refer to Exhibits: EMS access e-mail dated March 3, 2003. 5. Transportation (including circulation and roadways)—A description of the functional classification, width and structural capacity of the street and highway facilities that provide access to the PUD Zone District. If the street or highway facilities providing access to the PUD Zone District are not adequate to meet the requirements of the proposed district, the applicant shall supply information that demonstrates the willingness and financial capability to upgrade the street or highway facilities in conformance with Sections 22-3-60 through 22-3-190 of this Code. This shall be shown by submitting, with the PUD application, a separate improvements agreement describing the proposed road improvements and method of guaranteeing installation of said improvements in conformance with the County policy on collateral for improvements. The agreement shall be used for the purpose of review, evaluation and compliance with this Section [Sec. 27-6- 50 of the Weld County Code]. The development is located directly west of WCR 19. Both the primary and secondary accesses to the site will be off WCR 19. WCR 19, a paved two- lane roadway with a posted speed limit of 55 miles per hour, is designated as a rural collector in the Weld County Comprehensive Transportation Plan. Although the ultimate right-of-way for WCR 19 will be eighty feet (80), the existing sixty foot (60) right-of-way and roadway is adequate to meet the requirements of the proposed development. The site plan (included in the plan set) shows the proposed alignment through the project. The internal streets will be designated as local rural roadways with sixty foot (60) rights- of-way and each shall have two, twelve foot (12) travel lanes with four foot (4') shoulders. Equestrian trails will also provide circulation/connectivity through the site. 6. A traffic impact analysis prepared by a registered professional engineer competent in traffic engineering shall be provided by the developer, unless specifically waived by the Department of Public Works. An updated traffic impact analysis, dated December 16, 2005, has been completed for the Gloraloma project. As the traffic analysis indicates, "the subdivision will generate 14 morning peak hour trips, 19 afternoon peak hour trips, and [a grand total of] 182 trips per day. These trips are considered minor. " The traffic analysis was based on a total of 19 residential lots. Based on the traffic counts performed for the traffic impact analysis, these 182 trips are less than 12% of the current daily traffic on WCR 19. Refer to the Gloraloma Traffic Impact Study by Eugene G. Coppola, PE, dated December 16, 2005 (two copies included with this submittal). Specific Development Guide Page 5 of 19 Gloraloma Estates PUD Revised September 22, 2006 7. Storm drainage. All development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7-130 of this Code. The historic stormwater drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed engineering study, from a Colorado licensed engineer, that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site discharge until it reaches a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. The stormwater drainage study may be waived by Public Works based upon the proposed impacts and intensity of the PUD. To refer to the drainage report (in Exhibits), open drainageways and culverts will collect stormwater and convey runoff to stormwater management facilities. The detention ponds will retain the runoff and release it at historic rates to its historic drainage path as specified in Section 24-7-130 of this Code. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006,prepared by Pickett Engineering, Inc. 8. Utility provisions. A description and statement from the representative of the provider of the utilities which demonstrates that there are adequate utility provisions available to serve the developer. Letters from Qwest Communications, United Power, and Xcel Energy are included with this submittal. 9. Water provisions. A description of the water source and system and a statement from the representative of the provider of the water system that demonstrates that the water supply quality and quantity are sufficient to meet the requirements of the uses within the PUD Zone District. The proposed development will be served by the Central Weld County Water District. The letter from the Central Weld County Water District, indicating their intention to serve this proposed development with an adequate water supply, has been approved by the Weld County Attorney's Office. Refer to Exhibits: Letter from Central Weld County Water District dated May 12, 2003; and the email from Lee Morrison, Asst. Weld County Attorney, dated May 22, 2003. 10. Sewage disposal provisions. A description of the sewage disposal facility. If the facility is a public sewer system, a statement from the representative of the provider of the sewer system utility which demonstrates that the disposal system will adequately serve the uses within the development. Professionally engineered individual sewage disposal systems will be required for each proposed residence. It shall be noted that being in Weld County, that the sewage disposal systems on each lot are of a septic tank and leach field. There are primary and secondary field envelopes. These field envelopes require periodic maintenance and care. It shall be the responsibility of each lot owner to provide to the Association a letter or Specific Development Guide Page 6 of 19 Gloraloma Estates PUD Revised September 22, 2006 invoice from a qualified sewage company no more than every two years that their systems have been inspected and or pumped and that each system is in good working order. It is further stated that activities such as landscaping (i.e., planting of trees or shrubs), construction (i.e., auxiliary structures, dirt mounds, etc.), and animal husbandry activities or other activities that would interfere with the construction, maintenance or function of the fields are expressly prohibited in the designated absorption field site. 11. Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. (Weld County Code Ordinance 2001-1) The traffic impact analysis referenced above indicates that current operating conditions in the area of the site are very acceptable, the direct traffic impact of the proposed development would be minor and future operating conditions with the property fully developed will remain very acceptable. Refer to the Gloraloma Traffic Impact Study by Eugene G. Coppola, PE, dated December 16, 2005 (two copies included with this submittal). Section 27-6-60. Component Three—Landscaping Elements A. Intent. The intent of the landscape plan is to ensure that the landscaping and aesthetics of the site are compatible to that of surrounding land uses and that the site will provide and maintain an increased sense of place for those inside of the development. The landscape plan shall provide clear and supported information both by written statements and graphic representations. The information will provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment will be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Plant material selection will be reviewed for adaptability to physical conditions of the site plan. B. Duties of the Department of Planning Services. The Department of Planning Services will be responsible for evaluating the landscaping elements of the PUD for compatibility with Chapters 22, 23, 24 and 26 of this Code. The Department of Planning Services will utilize the development guide for evaluating all landscape issues associated with the proposed change of zone. The applicant shall submit the following information: The explanatory statements are as follows: 1. A landscape plan in accordance with Section 27-9-30 of this Code. Specific Development Guide Page 7 of 19 Gloraloma Estates PUD Revised September 22, 2006 The landscape plans illustrate the conceptual location of trees, trails, screening and open space within the development. Refer to the submittal package for the Landscape Plans, sheets L1.1—L1.4, by Ground Logic Landscape Architecture & Consulting. 2. A statement which describes any proposed treatment, buffering or screening between uses, building or structures in order to achieve compatibility, and a statement which describes the proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences, walls, berms and other landscaping. Open spaces will be landscaped with trees, shrubs and native grasses as indicated on the landscape plans. Berms will be constructed to facilitate the landscape screening along WCR 19 and along the adjacent property at the southeast corner of the site. Working in conjunction with the existing grading from the southeast to the northwest, these proposed landscaped berms will provide an effective buffer between the proposed residential development and the existing adjacent land uses. The remaining open space areas and PUD perimeter will have existing or planted native grasses, which promote low water usage and blend into the natural surroundings. The development will have an equestrian trail system for the use of the Gloraloma residents. Refer to the submittal package for the Landscape Plans, sheets L1.1—L1.4, by Ground Logic Landscape Architecture & Consulting. 3. A maintenance schedule for all landscaping elements on site, delineating the care, management and maintenance of the proposed landscaping. A homeowners association will manage the maintenance of the landscaping. The homeowners association will collect association dues to pay the costs of landscape maintenance. Landscaping will be maintained on a schedule, which will insure a high quality appearance, performed either with in-house crews or by outside subcontractors at the discretion of the HOA board 4. A proposed on-site improvements agreement for the proposed landscaping shall be submitted to the Department of Planning Services. At the time of final plat, the developer will enter into an improvement agreement with the County. Such agreement will provide guarantees that the proposed landscaping will be completed 5. The applicant shall submit evidence that there is adequate water to sustain and maintain the landscaping proposed in the landscape plan. In determining whether available water resources are adequate to sustain and maintain the proposed landscaping, the Department of Planning Services may require the applicant to submit written assurance of such adequacy from a water resource professional or agronomist. The developer has adequate water resources to maintain irrigated landscaped areas. See the Service Provision Impacts section for additional information. The remaining landscaped areas will use non-irrigated native Specific Development Guide Page 8 of 19 Gloraloma Estates PUD Revised September 22, 2006 seed mixes as specified in the previously referenced Landscape Plan. Refer to Section, 27-6-50, B.9 of this document. Section 27-6-70. Site Design A. Intent. The intent of Component Four is to ensure that the PUD is established with consideration to the site's advantages and limitations, as well as the compatibility of the development to adjacent sites. The design of the site should consider all existing features, both natural and man-made, to determine those inherent qualities that give the site and the surrounding area its character. B. Duties of the Department of Planning Services. The Department of Planning Services and Department of Public Works will evaluate site design base upon Chapters 22, 23, 24 and 26 of this Code. The development guide will provide an explanatory statement as to how the PUD development will adequately accommodate unique site factors for the site and the surrounding area. The following information shall be provided: The explanatory statements are as follows: 1. A statement describing any features unique to the site, such as topography and irrigation ditches. The Gloraloma site has inherent qualities that will be incorporated into the project. The topography of the site falls away from WCR 19 and WCR 22 towards the northwest. Located within Tract A and northwest of the proposed development, a large stand of established cottonwood and other native tree species provides a scenic backdrop to the west. This existing stand of trees, the site's topography, and the proposed landscape buffering along WCR 19 will provide the site with pleasing visual aesthetics and a feeling of seclusion from the surrounding land uses. The proposed trail system and accessibility to the Gloraloma Ranch equestrian facilities will provide residents with recreational benefits unique to this subdivision. Other features unique to the site include the Coal Ridge Ditch lateral, which is located at the northwest corner of the site but will not be impacted by the proposed development. Five (5) oil/gas well/production facilities are located within the site and an additional two (2) oil/gas wells are located within Tract A. The locations of each of these features are identified on the Final Plat. 2. A statement which demonstrates how the proposed PUD rezoning is consistent with the goals and policies of Chapter 22 of this Code. In Sec 22-1-110 (A), the Weld County Comprehensive Plan states "the way land is presently used is one (1) of the most important considerations in land use planning. " The current land use of the site is the operation of the Gloraloma Equestrian Ranch. The Equestrian Ranch will still continue its operations within Tract A, located adjacent to the proposed development. Specific Development Guide Page 9 of 19 Gloraloma Estates PUD Revised September 22, 2006 The proposed development will be marketed towards potential buyers based on their interest in the amenities provided by the adjacent Gloraloma Ranch. The end result will be a low-density community of residents whose interests focus on the existing land use pattern. The proposed development is situated in the Southeast Quarter of Section 9, Township 2 North, Range 67 West, Weld County, Colorado. The Weld County comprehensive plan states in Sec 22-1-110 (C) that "Future growth will require continued urban land area expansion within municipal urban growth boundary area, as well as small amounts of rural area development. " The proposed development's location is proof of this statement. As defined by the Coordinated Planning Agreement for Dacono, Frederick and Firestone, and the Town of Firestone's Comprehensive Plan, the proposed development is located within an urban growth boundary area dedicated to the Town of Firestone. That urban growth boundary currently requires Residential Low Density for any proposed development. The location of this proposed development, within the urban growth boundary area, also complies with the Weld County Comprehensive Plan in Section 22-2-60 A. Policy 3, which states, "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area. " The applicants have entered into an Annexation Agreement with the Town of Firestone. The Weld County Comprehensive Plan Sec. 22-2-60 A. Goal 1, states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. " The proposed development is in compliance with this goal as demonstrated by the following statement taken directly from a Weld County referral agency's comments regarding the proposed development's sketch plan review: "The subject property is categorized as `Other' land by the United States Department of Agriculture. The development of this site will not result in prime farmland being taken out of production. " Although this site is not prime farmland, this Final Plat application recognizes the importance of preserving agricultural land use within Weld County and has included as part of the final plat a Right-to-Farm covenant. The inclusion of the Right-to-Farm Covenant as part of the plat demonstrates that the applicants' understanding that long- established agricultural practices shall not be found to be a public or private nuisance and that such practices are essential to agricultural production. It also demonstrates the applicants' understanding that moving to a rural area exposes children to different hazards than in an urban or suburban area and that services equivalent to those provided by municipalities may not be provided 3. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible within the PUD Zone district. In addition, a detailed description of how any conflicts between land uses within the PUD Zone District are being avoided or mitigated and can comply with the performance standards. Specific Development Guide Page 10 of 19 Gloraloma Estates PUD Revised September 22, 2006 The land uses identified in the previously approved PUD rezoning application are complementary. The land use allowed by right for the proposed low-density development shall follow the requirements defined by the Sec. 23-3-400 through 23-4-400 (Estate Lot Districts) of this Code, with the exception of the minimum lot size requirement of two and one-half(2.5) acres. Under Sec. 23-3-520 item F (PUD Districts), the normal bulk requirements for minimum lot size may be varied as specified in the PUD District final plan. The proposed lot size for the residential lots shall be between 2.06 acres and 2.43 acres (as indicated on the recorded change of zone plat). The land use allowed by right for Tract A of the proposed PUD District shall continue to follow the "Site Specific Development Plan" and "Special Review Permit Development Standards" as defined in USR-1120, recorded November 6, 1996, in Book 1576 as Reception No. 2519472. USR- 1120 is for an equestrian center and ranch. The PUD Zone District will create a symbiotic relationship, as the proposed low-density residential development focuses on the amenities provided by the current land use of the existing equestrian ranch located on the adjacent Tract A. In a similar fashion, the existing equestrian center and ranch and its land usage will benefit from being located adjacent to a residential development that encourages the residents to keep horses on their lots. The remaining land uses within the PUD Zone District are open space and some existing oil facilities. The open space areas, integrated system of trails, local roadways, and oil and gas easements shall provide connectivity between the residents of the proposed development and the equestrian center. Likewise, the patrons of the equestrian center shall have access to the open space and trail system within the proposed development. The non-obtrusive oil facilities are commonplace features in rural Weld County's landscape and do not detract from the proposed development and its proposed land uses. 4. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible with land uses surrounding the PUD Zone District, including a detailed description of how any conflicts between land uses surrounding the PUD Zone District will be avoided or mitigated. The existing surrounding land uses include agricultural land to the north; existing Use by Special Review for oil & gas support services to the immediate southeast of the property; a commercial turkey farm to the east; and an irrigation reservoir to the west. The natural grade on the site is from southeast to northwest. This natural grade, combined with large low-density lots and landscape buffering, will minimize any visual/aesthetic impacts. The landscape buffering will provide screening along WCR 19 for the commercial turkey farm to the east and along the boundary of the oil/gas facilities located southeast of the development (as detailed in the landscaping plans). The grading and proposed drainage facilities will detain storm runoff and release it at a controlled rate along historic flow paths. The traffic study indicates that the proposed development will have negligible impact on the existing Specific Development Guide Page 11 of 19 Gloraloma Estates PUD Revised September 22, 2006 level of service on WCR 19 and the surrounding land use. A complete list of potential environmental impacts and how the proposed development will address each of these issues is found in Section 27-6-30, Component One— Environmental Impacts, on pages 1 through 4 of this document. The inclusion of the Right-to-Farm Covenant as part of the plat demonstrates the applicants' understanding that long-established agricultural practices shall not be found to be a public or private nuisance and that such practices are essential to agricultural production. It also demonstrates the applicants' understanding that moving to a rural area exposes children to different hazards than in an urban or suburban area and that services equivalent to those provided by municipalities will not be provided. The proposed development's focus on the amenities of the existing equestrian ranch and the rural lifestyle make it very compatible with the surrounding land use. The existing land use patterns of this area of Weld County are part of the character and inherent qualities of the site. It is a goal of this proposed PUD Zone District to continue to integrate those qualities into its proposed low- density residential land use. 5. If the proposed change of zone is located within a Flood Hazard, Geologic Hazard or Airport Overlay District, as identified by maps officially adopted by the County, the applicant shall submit information which documents how the applicant intends to meet the requirements of the County Supplementary Regulations concerning floodplain and/or floodway, geological hazard and/or airport overlay districts. The Gloraloma development is not within any Geologic Hazard or Airport Overlay district. The Gloraloma development is not located within a floodplain. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006, prepared by Pickett Engineering, Inc. (3 copies included with this submittal). Section 27-6-80. Component Five—Common Open Space Usage A. Intent. Common open space is an essential community asset and an important component of a development's design. Common open space attempts to preserve ecologically important environments, provides attractive views and space for recreational activities and buffers the development from other land uses. The intent of Component Five is to ensure that each development provides and appropriate amount and type of open space within the site. B. Open Space Regulations. Common open space is intended to establish a sense of community and increase the quality and uniqueness of each site. Open space provides enjoyable space while adequately buffering various uses. 1. Common open space restrictions will be permanent and not for a period of years. 2. The homeowners' organization will be established before any residences are sold. 3. Membership in the organization is mandatory for each residence owner. Specific Development Guide Page 12 of 19 Gloraloma Estates PUD Revised September 22, 2006 4. The homeowners' organization is responsible for liability insurance, taxes and maintenance of open space and recreational and other facilities. 5. The organization will have the power to levy assessments, which can become a lien on individual premises for the purpose of applying the cost of operating and maintaining common facilities. 6. If the organization established to own and maintain common open space, or any successor organization fails to maintain the common open space in reasonable order and condition in accordance with the approved PUD final plan, the following action may be taken: a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties,pursuant to Section 24-67-105, C.R.S. b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, in order to preserve the values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners and accepted by the Board of County Commissioners. Before the expiration of said one-year period, the Board of County Commissioners shall hold a public hearing to consider the necessity of continuing such maintenance for a succeeding year. Notice of the hearing shall be given, in writing, not less than thirty (30) days and not more than sixty (60) days prior to this hearing to the organization normally responsible for the maintenance of the common open space and to the owners or residents of the PUD. If the Board of County Commissioners determines that such organization is not ready and able to maintain said common open space in reasonable condition, the Board may continue to maintain said common open space during the next succeeding year, and shall be subject to a similar hearing and determination in each year thereafter. 7. All PUDs containing a residential element shall provide for a fifteen percent (15%) common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be considered and may be approved by the Department of Planning Services staff as long as the intent of Chapters 27 and Chapters 26 of this Code has been met. 8. All PUDs may apply for a greater density and have reduced common open space when applying the cash-in-lieu alternative listed herein. a. In lieu of the preservation of land for common open space and subject to the discretion of the Board of County Commissioners, the applicant has the option of paying to a public entity approved by the County an amount equal to a proportionate share of the market value of the overall property under development consideration at Specific Development Guide Page 13 of 19 Gloraloma Estates PUD Revised September 22, 2006 the time of the final plat, or dedicating an equal number of acres at a different site. Such public entity shall possess the authority to hold land for public purposes. Should the developer select to purchase land for reduced on-site common open space, the land shall be purchased within the MUD area, or an alternative site designated by the Board of County Commissioners. Such alternative sites shall include, but not be limited to, land preservation activities and trail easements outlined in regionally accepted master plans. b. The required acreage may be determined according to the overall common open space requirement reduction. Such open space shall be dedicated to a public agency for one (1) or more essential public purposes. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. The required acreage as determined may be reserved through deed restrictions as open area, the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. c. The required acreage shall be determined according to Appendix 26-E of this Code. Land shall be dedicated to a public agency for one (1) or more essential public purposes. This Option does not provide a complete elimination of common open space within the proposed development. This option does proved a reduced amount of common open space based upon the site features of the applicant site. Individual site features shall also be taken into consideration by the Department of Planning Services upon review of the application. d. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time the sketch plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be provided. Failure to provide this information may result in the Department of Planning Services inability to process the review of the sketch plan application on the subject site. e. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be determined by a land appraiser with the minimum qualifications of a Certified General Appraiser through the Colorado State Board of Real Estate Appraisers. An appraiser with additional qualifications of a MAI or an ARA is desirable. The applicant shall be responsible for all fees associated with the appraisal. Payment shall be made according to the following formula: The anticipated average retail lot value for all lots in the development/phase shall be multiplied by the percentage of common open space the development is proposing to eliminate. f. The amount collected shall be deposited in a segregated account upon recording the final plat in the Department of Planning Services. g. The amount collected shall be expended within ten (10) years from the collection date for common open space, parks, wildlife preserves, riparian areas, trails or other lands to be preserved. Specific Development Guide Page 14 of 19 Gloraloma Estates PUD Revised September 22, 2006 h. Performance standards and bulk standards of the proposed zoning district shall be adhered to. C. Duties of the Department of Planning Services 1. The Department of Planning Services will be responsible for evaluating the open space usage of the PUD for compatibility with Chapters 22, 23, 24, and 26 of the Weld County Code, if applicable. 2. The applicant shall provide a statement detailing how any common open space will be owned, preserved and maintained in perpetuity. As needed, the Planning Commission or its representative shall compare the development to date with the approved construction plan to determine compliance, as follows: The common open space areas do not include Tract A, which continues to be owned and operated by the current owners with the uses permitted by USR 1120 as previously described in this development guide. The common open space will be owned by the Gloraloma Estates Homeowners Association. The developer has submitted an on-site improvements agreement setting forth a plan providing for the installation of open spaces, recreational areas and commonly owned facilities. The developer has also submitted a copy of the Declaration of Covenants that states the HOA shall maintain open space and other landscaping, and replace non-weed vegetation after such vegetation has been planted by the developer. a. The construction and provision of all common open space, public utilities and recreational facilities as shown in the application materials and all subsequent plans shall proceed at a rate which is no slower than the construction of residential, commercial or industrial buildings and structures. b. The applicant shall submit an on-site improvements agreement setting forth a plan providing for the installation, permanent care and maintenance of open spaces, recreational areas and commonly owned facilities and parking lots. The same shall be submitted to the County Attorney and shall not be accepted until approved as to legal form and effect. (Weld County Code Ordinance 2001-1) Section 27-6-90. Component Six—Signage A. Intent. Signage has become an increasing issue in the County. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. The following signage controls are intended to protect and preserve the visual corridors of the roadways within the County while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the PUD Zone District. B. Duties of the Department of Planning Services. 1. The Department of Planning Services staff shall insure that the intent of Chapter 27 of this Code is carried out through the following sign regulations: Specific Development Guide Page 15 of 19 Gloraloma Estates PUD Revised September 22, 2006 a. Sign district regulations in Subsection C below. b. Sign construction standards in Subsection D below. c. Design provisions and requirements in Subsection E below. d. Non-permitted signs in Subsection F below. e. Nonconforming signs in Subsection G below. 2. The Department of Planning Services staff shall supply to the applicant written findings regarding non-adherence to the sign regulations of Chapter 27 of this Code. C. Sign District Regulations 1. Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of the Weld County Code, if applicable. 2. No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced, structurally or otherwise altered in the MUD area without first obtaining a building permit from the Department of Planning Services. 3. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Signs located at an intersection will be outside of the sight distance triangle. Signs which could potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the Colorado Department of Transportation, if applicable. 4. No sign other that traffic control signs except as expressly allowed by state statute and permitted by the Colorado Department of Transportation shall be erected, constructed or maintained within, over or upon the right-of-way of any County, state or federal road or highway within the County. 5. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance throughout the County. If signs are not maintained as described, the Director of Planning or an authorized representative shall have the right to order the repair or removal of any sign which is defective, damaged or deteriorated, or has defects which may include holes, cracks, rotted, loose or missing materials or parts of the sign. D. Sign Construction Standards 1. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. 2. Any operable or removable parts of a sign such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message shall be securely fastened or be provided with safety chains or hinges. Specific Development Guide Page 16 of 19 Gloraloma Estates PUD Revised September 22, 2006 3. Signs shall be constructed to prevent potential hazards to the public. 4. All permanent signs and sing structures in the County shall be designed and constructed in accordance with the Uniform Building Code quality standards as adopted by the County. All electrically illuminated signs shall be designed and constructed to conform to the electrical code as adopted by the County. All signs and sign structures shall be designed and constructed to comply with the design standards set forth in this Chapter. E. Design Provisions and Requirements for Signs in the PUD Zone District 1. The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs in the development. Such standards shall be included as part of any site plan and included in the covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any logo, type of illumination and location shall be set out in such standards. 2. The standards shall be such that signs constructed or maintained under the standards will comply with the sign regulations of the County in the PUD Zone District, and shall be for the purpose of assuring harmony and visual quality throughout a project. 3. Final development plans shall not be approved until the sign standards have been approved by the Department of Planning Services. 4. All signs in development complexes shall be designed and constructed of materials which harmonize with the architecture of the site on which the sign is located. Generally, the use of sign materials the same as or similar to the main building materials used on-site shall be found to provide the required level of design harmony. Design harmony is produced by adhering to the following: a. Marquee, canopy, overhead canopy, under-canopy, projecting or wall signs shall be mounted at least fourteen (14) feet above any driveway and at least nine (9) feet above any walkway over which they are erected. The top line of these signs shall not be higher than the top of the wall, roof eaves or parapet line of the building to which they are attached. b. Detached signs shall not be located in the visual sight triangle. c. Off-site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset of ten (10) feet from the right-of-way. d. On-site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten (10) feet from the right-of-way. e. Detached signs shall have surrounding landscaping which extends a minimum of three (3) feet from all sides of the sign base. f. The minimum spacing between signs shall be six hundred (600) feet. Specific Development Guide Page 17 of 19 Gloraloma Estates PUD Revised September 22, 2006 g. Signs within the MUD area or urban development node shall adhere to the sign regulations in Chapter 26 of this Code. F. Non-permitted signs in the PUD Zone District 1. Roof signs where any sign is mounted and supported wholly upon or over the roof of any structure. For purposes of these regulations, surfaces with slopes less than seventy-five percent(75%) from horizontal shall be considered roof surfaces. 2. Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed shall not be used as a sign structure for any signs within the PUD Zone District. 3. Attention-attracting devices are prohibited, including mechanical or electrical appurtenances such as revolving beacons or flashing signs, which are designed to compel attention. This shall not apply to banners used as temporary signs to announce or promote events of civic interest, provided that such banners are attached top and bottom (or two [2] sides) to permanent posts or buildings erected for another purpose, and provided that a building/sign permit is obtained. 4. All temporary signs as allowed in Chapter 23 shall be removed within ten (10) days after the event promoted. 5. Signs or components of signs that change physical position or light intensity by any movement or rotation of the physical sign or components which make up the sign or which give the visual impression of movement or rotation. G. Non-conforming Signs. Every legally established sign in existence on the effective date of these regulations within the PUD Zone District may continue in existence subject to the following: 1. A sign shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The changing of the movable parts of an existing sign that is designed for such changes, or the repainting or reposting of display matter, shall not be deemed a structural alteration. 2. The lawful use of a sign existing on the effective date of these regulations, although such sign does not conform to the provisions hereof, may continue; but if such nonconforming use is discontinued for a period of six (6) months or more, such sign shall not be used until it has been made to conform with the provisions of this Chapter. 3. Any sign which have been damaged fire, wind, explosion or natural disaster to the extent that fifty percent (50%) or more of the construction value or replacement cost of the sign before it was damaged shall be deemed to have been totally destroyed and the sign shall not be restored except in conformity with this Chapter. Any sign which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the sign before it was damaged may be restored to the condition which it existed previously as a nonconforming use prior to its damage. (Weld County Code Ordinance 2001-1) Specific Development Guide Page 18 of 19 Gloraloma Estates PUD Revised September 22, 2006 All Signage will meet the requirements of Chapter 23 and 26 of the Weld County Code if applicable. Section 27-6-100. Component Seven—MUD Impact A. Intent. The MUD area has been developed to provide high quality development in an urban corridor area within the County and therefore, development in the MUD area is driven by the intensity of the use and the impacts of the use on adjoining neighbors and the community. B. Duties of the Department of Planning Services. When an application is proposed for the MUD area, additional standards will apply. These standards are intended to carry out the intent and goals of Chapter 26 of this Code. The Department of Planning Services will review all PUD proposals for development inside of the MUD area in conjunction with the applicable standards set forth in Chapter 26. The Gloraloma development is not located within the MUD Zone. Section 27-6-110. Component Eight--Intergovernmental Agreement Impacts A. Intent. Efficient and orderly land development directs PUD developments to locate where urban services exist or can more easily be provided, such as in close proximity to municipalities and within the MUD area. Currently, the County and many municipalities are cooperating in joint planning efforts to achieve a consistent vision for land surrounding municipal boundaries. This coordination is achieved through intergovernmental agreements. B. Duties of the Department of Planning Services. When an application is proposed in an area included in an intergovernmental agreement, additional standards and criteria for review will apply. These standards are intended to carry out the intent and goals of the intergovernmental agreement with the affected municipality. The Department of Planning Services will review PUD proposals for development influenced by an intergovernmental agreement area in conjunction with the applicable standards set forth in the agreement. The proposed PUD District is located within the Urban Growth Area of the Town of Firestone, as identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono and the Towns of Firestone and Frederick. The applicants have entered into an Annexation agreement with the Town of Firestone. Specific Development Guide Page 19 of 19 Gloraloma Estates PUD Revised September 22, 2006 Page 1 of 3 EXHIBIT David Bauer � �^ j From: Sean Phipps[sphipps@pickettengineering.com] *52 Sent: Tuesday, August 29, 2006 2:54 PM To: Brian Varrella; Kim Ogle Cc: edpruss@earthlink.net; Kris Pickett; Florenzal@aol.com; David Bauer; Jesse Hein; Peter Schei Subject: RE: Gloraloma PUD drainage Kim and Brian, In the Department of Planning Services review comments: the staff listed the lack of a drainage easement with the Coal Ridge Ditch Company as one of the reasons for their recommendation that the Board of County Commissioners deny our request for final plat approval. The purpose of my previous email was to clarify between both the Planning and Public Works Departments that(based on the current drainage design) a drainage easement would not need to be obtained from the Coal Ridge Ditch Company. Pickett Engineering recognizes and agrees with Brian's comments below. I understand that we will need to address the concerns of the Public Works Department prior to"recording"the final plat as stated in their referral comments dated July 28, 2006. I also recognize that addressing the concerns of the Public Works Department is listed as a recommended condition of approval by the Planning Department in their review comments for the Hearing Date of August 30, 2006. I understand that prior to the recording of the final plat, written evidence must be submitted to the Planning Department indicating that ail of the Public Works Department concerns have been addressed. Prior to receiving the review comments from all of the referral agencies and the recommendations from the Planning Department, I did not want to spend my clients money attempting to address all of the Public Works Department's concerns. As an example, our client is going to have to pay a $2,500 plan review fee to FRICO before FRICO would be willing to discuss the easement Brian has requested below. We are prepared to address the concerns of the Public Works Department once we have received the approval of the final plat by the Board of County Commissioners. I hope this email helps to eliminate any confusion. Please contact me if you have any questions or comments. Thank you. Sean Original Message From: Brian Varrella [mailto:bvarrella@co.weld.co.us] Sent: Tuesday, August 29, 2006 10:32 AM To: Sean Phipps; Kim Ogle Cc: edpruss@earthlink.net; Kris Pickett; Florenzal@aol.com; David Bauer; Jesse Hein; Peter Schei Subject: RE: Gloraloma PUD drainage Kim, To understand the context of the e-mail I sent to Sean, he noted in our meeting on April 26, 2006 that he could not lift the water draining to Tract A into the Coal Ridge Ditch. I told Sean that if he decided to allow ponding on Tract A and full infiltration of all discharge from the Gloraloma site into groundwater, he would not be impacting the Coal Ridge Ditch directly and would not need an easement to discharge to the ditch. We suggested they investigate an inverted siphon under the ditch to allow water to continue along its historic flowpath beyond the ditch, and if that was not feasible, they would need to provide infiltration/percolation calculations to show us the existing 10/3/2006 Page 2 of 3 soils on Tract A could soak up the entire 100-year storm volume. Sean was further required to place the entire inundated area of Tract A in a dedicated drainage easement to ensure the ponded area would remain open to retain flows. To summarize, the statement below is true, pending full retention of all 100-year storm flows on Tract A. We will not approve retention unless a percolation test is performed by a qualified engineer, and the entire ponded area is placed in a dedicated drainage easement. Furthermore, if you look at the second paragraph of my e-mail to Sean, I noted that we would ask to see an easement from FRICO to cross their property with the two proposed swales. Clearly those swales cannot be constructed as proposed without such an agreement. If they were constructed without permission, the applicant would be trespassing on FRICO property. If you have questions about this project, Dave Bauer will be able to assist you. Thanks, and have a good day. Brian From: Sean Phipps [mailto:sphipps@pickettengineering.com] Sent:Tuesday, August 29, 2006 9:14 AM To: Kim Ogle Cc: Brian Varrella; edpruss@earthlink.net; Kris Pickett; Florenzal@aol.com Subject: FW: Gloraloma PUD drainage Kim, In their referral comments dated April 5, 2006, the Weld County Public Works Department stated that"A drainage easement will be required with the owners/operators of the Coal Ridge Ditch". After receiving those referral comments, I met with the Public Works Department to discuss the proposed drainage improvements. After the meeting, I received the email shown below from Brian Varrella. Please note that in the first paragraph of the email Brian states that"the Coal Ridge Ditch will NOT have to approve a drainage easement." I hope that this email in combination with the signed ditch agreement(submitted you to this morning by Ed Pruss)will address any concerns you may have regarding the ditch company. Please contact me if you have any questions or comments. I would be happy to discuss any aspect of the project with you. Thank you. Sean Phipps Pickett Engineering (970) 356-6362 Original Message From: Brian Varrella [mailto:bvarrella@co.weld.co.us] Sent: Wednesday, April 26, 2006 12:42 PM To: Sean Phipps Cc: David Bauer; Peter Schei; Jesse Hein Subject: Gloraloma PUD drainage Sean, I spoke with Dave Bauer for clarification on the drainage easement issues we discussed in our meeting this morning. If you continue with the current plan you have proposed, the neighbor 10/3/2006 Page 3 of 3 between Tract A and the Coal Ridge Ditch will NOT have to approve a drainage easement. As you noted, they will receive the same total volume to their land with a reduced peak flow rate, and since the release qualifies as an existing condition, the applicant will not need to provide an easement with that neighbor. This is contrary to the information I gave you earlier. That said, we will still require a dedicated drainage easement for the inundated area on Tract A that will continue to pond. We will also ask for verification that the soils in the ponded area can infiltrate the total drained volume without creating a nuisance condition. Likewise, if the proposed drainage plan is pursued, we will ask to see an easement to cross FRICO's property with the two swales that release offsite overflows and Pond E releases. You asked a question about easements to release to the neighbor on the downstream (north) side of the Coal Ridge Ditch. To answer your question, we would require documentation that the neighbor agree to receive the discharge from your site in a quantity and quality specified from your design. They will have to maintain existing surface water drainage patterns, but will not be required to swale flows and dedicate drainage easements for that swale downstream of the release structure. I hope this helps you with your design. If you have any more questions, please contact us. Brian ************************** Brian K.Varrella, P.E. Weld County Public Works 1111 H Street Greeley, CO 80632 phone: 970-304-6496, ext. 3741 fax: 970-304-6497 bvarrella@co.weld.co.us 10/3/2006 Page 1 of 2 Esther Gesick From: Kim Ogle Sent: Tuesday, October 24, 2006 10:54 PM To: Esther Gesick Subject: FW: Annexation Agreement with Town of Firestone Attachments: Gloraloma Annexation Agreement.pdf; Dacona Firestone Frederick IGA.pdf; Kim Ogle.vcf Please add to file Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us From: Sean Phipps [mailto:sphipps@pickettengineering.com] Sent: Monday, October 16, 2006 3:39 PM To: Bruce@Nickersonco.com Cc: Kim Ogle Subject: Annexation Agreement with Town of Firestone Mr. Nickerson, My name is Sean Phipps and I am working to complete the final plat approval for the proposed Gloraloma Estates Subdivision in Weld County. The property is owned by Don and Linda Owens and is located northwest of the intersection of WCR 22 and WCR 19 with a street address of 8585 Weld County Road 22, Fort Lupton, Colorado, 80621. In October of 2003, Don and Linda Owens entered into an Annexation Agreement with the Town of Firestone for the Gloraloma Estates Subdivision. Attached, please find the recorded copy of the annexation agreement. Due to lengthy coordination with oil companies and ongoing coordination with irrigation companies, this project has taken quite a while(since the annexation agreement was recorded)to be scheduled for a final plat approval hearing by the Weld County Board of Commissioners. As a result, the Board of County Commissioners encouraged us to coordinate with the Town of Firestone to make sure there have not been any significant changes to the existing Interim Coordinated Planning Agreement between the City of Dacono, the Town of Firestone, and the Town of Frederick(IGA)that might now be in conflict with the terms of the previously recorded annexation agreement. I have attached a copy of the IGA that was recorded in April of 1997. I do not find any conflict between the two documents, but I wanted to get your response to the concerns of the Board of County Commissioners. Would you please contact me so we can discuss how to address this issue? Thank you for your time. I look forward to hearing from you. Sean Phipps, PE Project Manager PICKETT ENGINEERING, INC. 808 8th Street r- Greeley, CO 80631 Phone 970.356.6362 ext. 28 �f Fax 970.356.6486 10/25/2006 D2-a0s/ 3. 0 Firestone A Community In Motion Town Of Firestone Office of the Town Clerk Post Office Box 100 151 Grant Avenue Firestone, Colorado 80520-0100 (303) 633-3291 Fax (303) 833-4863 December 10, 2003 Mr. Ed Pruss 3300 28`" Street Boulder, CO 80301 RE: Owens Annexation Agreement Gloraloma Estates, PUD Dear Mr. Pruss: Please fmd enclosed a copy of the Recorded Annexation Agreement for Don and Linda Owens, and known as the Gloraloma Estates, PUD. If I can be of any further assistance, please do not hesitate to call me. Sincerely, !tidy Hegwood Town Clerk r"� !!!1l!!I!!!1lI�!1!!11!1!!!1!!11!AMU'!11!tin i:1f1A 1Aleld Craunty. CO ptacorddr 3127. „,itif 00 sieve meld �4 of°� 3 1 of 10 R 51.00 1} 6O8 AGREEMENT THIS AGREEMENT is made and entered into this- J day of ?'del 6 e J, 2003, by and between Lyon Owens and Linda Owens, hereinafter referred to as "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred t,I as"Firestone"or"Town". WITNESSETII: WHEREAS. Owner is the owner of certain real property located in Weld Count•.. Colorado, with a street address of 8585 Weld County Road 22 Fort Lupton. Colorado, 8O(?I, and more particularly desenhed and depicted on Exhibit "A" attached hereto and incorporated herein h. reference(such property is hereinafter referred to as"the Property"i; and WHEREAS, the Property is located within the Urban Growth Area of the Town. .o. identified in the Interim Coordinated Planning Agreement among Weld County, the City of Da<uiio and the Towns of Firestone and Frederick (the"K'PA"); and WHEREAS, Owner has submitted to Weld County an application for approval of a large- lot residential subdivision to be located on the Property, which application has received PM Sketch Plan approval, with conditions, under Weld County Case No. S-521, and which application is for a development currently identified as Gloraloma Estates PUi); and WIIEREAS, the proposed development constitutes Urban Development under the 1CPA and, as a condition of any such approval and pursuant to the 1C'PA, the Owner is obligated to execute an annexation agreement with the Town; and WHEREAS, the parties by this agreement desire to set forth their understanding with respect to annexation of the Property to the Town, the potential development of the Property within the County, and related matters; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement. NOW, -THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED B1' AND BETWEEN THE PARTIES AS FOLLOWS: lnrnrporatiun ofRecitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 1 I till/!Itlll III!tllttlt 11'L" (!tIL !'1J'#lllf tftu 312'MS 11/10/2003 CO 2 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 2. Purpose. The purpose of this Agreement is to set forth certain terms and condition with respect to annexation of the Property to the Town. Except as expressly provided for herein the contrary, all terms and conditions herein are in addition to any and all requirements concerning annexation and dtnclopment contained in the Town of Firestone Municipal Code, Access ('ode. Development Regulations, and Comprehensive Plan, and the Municipal Annexation Act of ‘165. .r. amended, C.R.S. 101-12-101 el seq. This Agreement shall not he construed to preclude t rthei agreements concerning annexation of the Property to the Town or the provision or financing of municipal services to the Property. 3 annexation. Owner shall apply for and consent to the annexation of the Properi tt' the Town when requested in writing by the Town Board, so long as the Property is eligible ti': annexation to the town. The Owner will also sign an annexation petition, or a petitions t si annexation election, when requested by the Town Board, and will vote for annexation to the Town if an annexation election relating to the Property is held. The Town agrees it will not make ,un request to Owner under this Paragraph sooner than four years from the date of execution of this Agreement, unless sooner permitted pursuant to Paragraph 5_ At the time of annexation, the l'ow i and Owner agree to consider a zone district designation that will permit defined equine uses on the Property, consistent with Town zoning and animal maintenance standards. 4. Property to he Annexed. The Property the Owner shall annex to the Town pursuant �-. to this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by reference, or such portion thereof as the Town may request. To facilitate any requested ,aiiit:Naliou 1?t a pia iion t,i tlhL i topem, t„utuseuts to the tiiti islon Ut the Pivpctty to: annexation purposes only, to the extent such consent is required by C.R.S. §31-12-105(1). Owner shall execute additional evidence of such consent upon request by the Town. 5. Eailt r_e_to.Anne_Y._Appointment of Attnrney.dmEacl. in the event Owner fails to annex the Property to the Town as required by this Agreement, the Town may at is sole option and without otherwise limiting its legal rights bring an action at law or equity, including an action for specific performance, to enforce Owner's obligations hereunder. Further. Owner, for themselves. their successors, transferees, heirs, and assigns hereby irrevocably appoint the Town Administrator of Firestone as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or petition for annexation election, for voting in any annexation election, and for executing any and all other documents determined by the Town to be necessary for annexation of the Property to the Town. The Town Administrator shall exercise the powers under this appointment only upon written request of the Town Board, and only if the Owner and/or its successors, transferees, heirs and assigns have not signed a petition for annexation within thirty (30) days after receipt of a written request made pursuant to Paragraph 3. This power of attorney is granted and intended to he valid for the longest period of time permitted by state statute. In the event the state statute is amended to shorten the validity of this power of attorney to a period of less than five years. the Town may exercise this power of attorney at any time prior to the expiration of the validity thereof. 11131111 3 1111111 I1JDUI 11111 11111111 iHJ 1111 3121508 111111/2003 11:18A Weld County, CO 3 of 10 R 51.00 D 0.00 Steve Moreno Clerk & Recorder eN en if within the four-year waiting period set forth in Paragraph 3 Devcloptucnt.Standards. The Owner agrees that any residential development of 11w Property shall comply with the land use and development standards set forth in Exhibit B. attached hereto and incorporated herein by reference. The Owner further agrees that compliance with such standards is a material consideration of this Agreement and that the Town may at is sole option, and without otherwise limiting its legal rights, bring an action at law or equity, including an action for specific perfonttance. to enforce compliance with such standards In addition to the annexationn provisions set forth above, Owner agrees that the I own may also require annexation of all or ,ens portion of the Property at any time in the event the Property or a portion thereof is used for purposes other than a large-lot residential subdivision, or if the Property or a portion thereof, as developed. is not in compliance with the land use and development standards set forth in Exhibit B. 7 Ohligatitms.Entstrceahle The parties agree that this Agreement. pursuant to (' K S §31-12-12I. constitutes an enforceable obligation upon the Owner, their successors. heirs. and assigns to annex the Properly to the Town under the terms hereof. 8. Anne xatinn_ )ncuments. When requested by the Town, Owner shall provide at its expense a legal description, annexation petition, annexation maps,surveys, newspaper publications. and other reports and documents determined by Firestone to be necessary to accomplish the annexation of the Property to the Town_ Firestone shall prepare the annexation impact report. hhalt l:i4liid. t..ut any subi.i iuil plat lu: tllt. l'iul..:itj staling as follows: "The property platted herein is subject to that certain Agreement regarding annexation to the Town of Firestone which is recorded at Reception No. _ ut the records of the Weld County Clerk and Recorder. Such Agreement provides that the property platted herein may be annexed to the Town of Firestone and that the Property must comply with the land use and development standards stated therein." 10. Legislative-Discretion. The Owner acknowledges that annexation of the Property is subject to the legislative discretion of the Board of Trustees of the Town of Firestone. Nothing in this Agreement is intended or shall be construed to require the Town to annex the Property or to initiate any annexation proceedings relating to the Property. 11. No Other Annexation. Under no circumstances shall the Property be annexed to another municipality without the prior written permission the Town Board of Trustees. which may be granted or denied in the sole and absolute discretion of the'I'owtt. 12. Subdivision Approval. This Agreement shall be null and void in the event Owner does not obtain and Weld County does not record final subdivision and PUI) approvals permitting the development of a large-lot residential subdivision on the Property. 3 � IfENN�12013114D l��f�111f�Jllfl 3127608 11/fB/ 11:18A Wetd Caunry,!LAM lff 1 4 of 10 R 61.00 0.00 Steve Moreno Clerk& Recorder 13 C►tvrn;►ntc to Run with l.andiRinding Effect This Agreement and all cu‘enai;t' herein touch and concern the real property descnbed in Exhibit A and shall be covenants runnna: with the land 'This Agreement shall be binding upon and inure to the benefit of the Owner and the 'Town, and their respective heirs, transferees, successors, and assigns. This Agreement or. at the Tow n's discretion, a memorandum hereof, shall be recorded with the County Clerk of Weld County,Colorado, at Owner's expense. 14. No Repeal of_Laws Nothing contained in this Agreement shall constitute or he interpreted as a repeal of the d'own's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health. safety, and welfare of the fawn and its inhabitants. 15 Se.ver:Amin.y The parties agree that if any part, term. portion, or provision of rim, Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado. the validity of the remaining pans, terms, portions, or provisions shall nut he affected, and the rights and obligations of the parties shall be construed and enforced as it. the Agreement did not contain the particular part, term, portion,or provision held to be invalid 16 Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 17. Amendment. This Agreement may be amended only by mutual agreement of the Town and Owner. Such amendments shall be in writing, shall he recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. I8. Entire Agreement. This Agreement embodies the entire agreement of the panics There are no promises, terms, or obligations other than those contained herein, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written. between the parties. 19. Owner. As used in this Agreement,the term"Owner"shall include any of the heirs. successors, transferees or assigns of Owner, which include, but are not specifically limited to. owners of individual lots within the proposed subdivision of the Property. All such parties shall have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if they were the original parties thereto. 4 IIl i E 1111I1III1111131111IIIti Ill11L 11111111 I' ';' 111111111113i l fU welt� Met:otd�r 3 01 10 R 61.00 D 0.00 Suva Moro o—Ctt 2U. Amendments In Law_ As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, regulation. or policy is intended to refer to any subsequent amendments or revisions to such Town ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall he binding upon Owner. 1. Nntire. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall he effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Firestone P.O. Box 100 Firestone, CO 80520 With copy to: Light, Harrington & Dawes, P.C'. 1512 Larimer Street, #550 Denver, CO 80202 Notice to Owner: Don and Linda Owens 8585 Weld County Road 22 Ft. Lupton, CO 80621 With copy to: Frascona, Joiner, Goodman &Greenstein, P.C. ATTN: Karen J. Radakovich 4750 Table Mesa Drive Boulder, CO 80305 22. Governing Law. The laws of the State of Colorado shall govern the validity. performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 23. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 5 1 111111111111111111111111, cc 1.--N 31 1y:iM► Moreno e'rrIt d Rocordtt 6 of 10 R 51.00 D 0.00 sib IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. *NsESTON4, TOWN OF Fl STONE TOWN • (SEAL By:L- t Michael P. Simone, Mayor tb,►ET: 4vo �ivr�r,cu�a Jud Hegwogd, Town Clerk OWNER Don Owens twaN -' Inl.:O' cns ACKNOWLEDGEMENT STATE OF COLORADO } COUNTY OF fr jss The above and foregoing signatures of Don Owens and Linda Owens were subscribed and sworn to before me this J 7 day of O i , 2003. Witness my hand and official seal. My Commission Expires Jan. 18,2006My commission expires on: (SEAL) C4.Actst C- .k6G_ - • GARY �.° ``''e, n 6 PUB -\ .„11111111111111111111011 . ... 1111111111111 ir 127508 11118/2003 11:18A weld County, Co / of 10 R 51.00 0 0.00 Stew Moreno Clerk& Recorder EXHIBIT A Legal Description Lot B of Recorded Exemption 1311-09.4-RE 1921, Recorded October 3, 1996 in Book 1570 as Reception No. 2513889, being part of the SE 1/4 of Section 9, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. eimN 7 III 11111111 3127508 11/18/2003 11:18A Meld County, CO 8 of 10 R 51.00 D 0.00 Savo Moreno Clerk 8 Recorder EXHIBIT B Land Use and Development Standards "Fhe following land use and development standards shall apply to any residential development of the Gloraloma Estates described on Exhibit A: 1 . Land use shall be single family residential and open space. 2 Maximum number of residential dwelling units shall not exceed 20. 3 Maximum building height shall be 38 feet. 4. Minimum floor area of each dwelling unit shall be not less than 3,000 square feet. 5 There shall only be one principal building per lot. 6 Minimum building setbacks for the principal building shall be 50-feet from all roadways. 7. Building elevations that are exposed to Road 19 or Road 22 shall have similar architectural detailing as the front of the building. 8. Fences types shall be uniform in style, design and materials throughout the development. 9. Only two major entry signs shall be constructed for the development; both shall be located on Road 19. 10. Quick couplers shall be installed within common areas to provide the opportunity to irrigate native grass areas within those common areas during dry periods to keep such grass well established. Supplemental drip irrigation shall be provided to trees and shrubs planted within common areas in order to maintain such landscaping that is installed to enhance the common areas. Watering under this standard shall be the responsibility of the Homeowner's Association. 11. Fronts of homes on straight streets shall be staggered to avoid a"row" look. 12. Walkout units shall be located so as to avoid the construction of three-story elevations and the resulting"wall effect"of the 3-story elevations. 13. Only one accessory building, not including a freestanding garage, is permitted per lot and shall be set back at least five feet from any property line. Accessory buildings are not permitted in the front yards or side yards that face a public street. Accessory buildings. • IItI1IIII a .! ! , ! !!! um 31 • 11111/M3 11:1$1 Hied CHM!, CO 9 of 10 ll 51.00 D 0.00 Stew Moreno Clerk& Recorder which may not be use for dwelling purposes, shall be of a similar color as the primary building, may not exceed a height of eighteen feet and shall not exceed five hundred square feet of floor area. Construction materials shall be similar to the primary building, except that pre-manufactured metal accessory buildings are permitted. 14. No motor vehicle may be parked in the front yard or side yard of a residential lot except on a paved or graveled driveway which is intended for parking or access to a garage or carport. 15. Only one freestanding garage is permitted per lot or dwelling unit and shall be subject to the same front and side yard setback requirements as the main building. A freestanding garage shall be set back at least five feet from the rear property line. Freestanding garages shall he of a similar color and architectural style, and constructed of similar materials as the main building. 16. All dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: • It shall be constructed to be below estimated frost depth. • The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall. • The foundation shall he at a minimum eight inches in thickness 17. All dwelling roofs shall have the following minimum characteristics: • A minimum of three roof planes per building,to add articulation. • A pitch of not less than four inches in twelve inches. • Eighty percent of all eves shall protrude from the exterior wall (not including the width of any gutter) no less than twelve inches. This minimum overhang shall apply to all roofs, irrespective of pitch. 18. All residential dwellings shall be oriented on the lot such that a side with a length that is at least eighty percent the length of the longest side of the dwelling predominately faces the local street providing access to the lot. The length of any side does not include the length of any attached garage. In all cases the front door of the dwelling shall be located in the closest one-quarter portion of the dwelling that predominately faces the local street. For corner lots, this provision only applies to the local street providing direct driveway access. A n3r0275,1101itilitra31.00 ail I11 ` l111111I iiiRRR { I4 �ttN '11:1dAWold Clerk 3 Records,0 0.00 19. All dwellings developed shall have at least two car garages, and such garages shall be distributed in an even manner throughout the development. 20 There shall be a minimum of two trees of 1.5-inch caliper for each dwelling planted within the front yard of the dwelling. 21 Shrubs and ground cover plantings shall comprise no less than ten percent of the landscaped area of the front yard. 22. Eighty-five percent of the exterior color treatment for all residential dwellings and accessory uses shall be muted (excluding glass treatment). 23. All sloped roofs shall be covered with a muted color roofing material. 24. Unless otherwise provided by resolution of the Town Board of Trustees, all homes shall have no less than 1,000 square feet and no more than 3,000 square feet of lawn and shrub area. 25. At the time of any annexation by the Town, the water taps for the area to be annexed shall be transferred to the Town, and the ownership or beneficial use of any water rights for such taps shall also be transferred to the Town. It is a condition of Town water service that there be dedicated to the Town water rights sufficient to satisfy the demands upon the Town w t' 7-rem i }03 J 2t wMpg1W aa.(fad) to December 10, 1996a 0P INTERIM COORDINATED PLANNING AGREEMENT This Interim Coordinated Planning Agreement is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, State of Colorado, hereinafter called the "COUNTY, " the CITY OF DACONO, a Colorado municipal corporation, the TOWN OF FIRESTONE, a Colorado municipal corporation, and the TOWN OF FREDERICK, COLORADO, a Colorado municipal corporation, hereinafter called individually "MUNICIPALITY" and collectively the "MUNICIPALITIES" . RECITALS A. The COUNTY exercises governmental authority regulating land use, growth, and development in its unincorporated areas, which areas include lands surrounding each MUNICIPALITY; and B. Each of the MUNICIPALITIES exercises governmental authority over the same matters within its municipal boundaries, including annexations, and is able to provide certain municipal services and facilities for efficient and desirable urban development; and C. In Title 29, Article 20, Colorado Revised Statutes, the General Assembly of the State of Colorado has granted broad authority to local governments to plan for and regulate the development and use of land within their respective jurisdictions; and D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has further authorized and encouraged local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers; and E. Existing and anticipated pressures for growth and development in areas surrounding each MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and each MUNICIPALITY of their respective planning, zoning, subdivision, 66; f G;GA, L/dna; FreshniG 254337_ D-1601 P-974 04/21:1997 01 :39P PG 1 OF l'3 REC DOC 970288 »pld f'nunty CO TA Cirki T *tkamntn Clerk ;. RernrdPr 0.00 F December 10, 1996a building and related regulatory powers in such areas will best promote the objectives stated in this Agreement . NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein set forth, the parties agree as follows : 1 . 0 PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers within the unincorporated areas surrounding each MUNICIPALITY. The objectives of such efforts are to accomplish the types of development in such areas which best protect the health, safety, prosperity, and general welfare of the inhabitants thereof by reducing the waste of physical , financial, and human resources which result from either excessive congestion or excessive scattering of population, and to achieve maximum efficiency and economy in the process of development . 2 . 0 DEFINITIONS . For the purposes of this Agreement the following terms shall be defined as set forth 2 . 1 Development . Any land use requiring regulatory approval by the elected governing body of the applicable party in the Urban Growth Area except for an amendment to a plat or a down- zoning, neither of which creates any additional lots and except for a Subdivision Exemption 2 . 2 Non-Urban Development . Land uses which typically do not require services such as central water and sewer systems, road networks, park and recreation services, storm drainage, and the like, and which are generally considered to be rural in nature, expressly including land used or capable of being used for agricultural production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty years . 2 ..3 Recorded Exemption . The division of one lot into two or three lots pursuant to § § 11 . 2 and 11 . 9 of the Weld County Subdivision Ordinance . '563872 B-1601 P-974 04/21/ 1997 01 : 39P PG 2 OF 19 1 ) December 10, 1996a 2 .4 Southern Weld Planning Area . The area located outside of , but within three miles of , each MUNICIPALITY' s respective municipal boundaries as of the effective date of this agreement . 2 . 5 Subdivision Exemption . The division of one parcel or interest in one parcel which does not result in the creation of a new residential or permanent building site, for adjustment of property lines between two contiguous parcels , creation of lots for financing purposes, or for the temporary use of a parcel for public utility facilities pursuant to § 11 . 11 . 1 of the Weld County Subdivision Ordinance . 2 . 6 Urban Development . Development which is characterized by development density typical to urbanized areas and requires services such as central water and sewer systems, road networks, park and recreation facilities and programs, storm drainage, and other similar services which are typically furnished by municipalities . 2 . 7 Urban Growth Area . All lands within the Southern Weld Planning Area which, as of the effective date of this Agreement, are not located within the boundaries of any of the MUNICIPALITIES, but are defined within a MUNICIPALITY' s comprehensive plan as being within that MUNICIPALITY' s Urban Growth Area . (See attached Exhibit B, map) 3 . 0 DEVELOPMENT OF SOUTHERN WELD AREA LAND USE PLAN. 3 . 1 Promptly upon the execution of this Agreement the parties will begin good faith negotiations to develop a comprehensive development plan authorized by C.R . S . §29-20- 105, and herein called the "Plan. " Such Plan will govern all land use decisions in the Urban Growth Area and will contain, at a minimum, the following: ( i) specific land use standards for each MUNICIPALITY' S Urban Growth Area (ii) procedures for COUNTY coordination with each MUNICIPALITY in the review and approval process for proposed Development, and (iii ) procedures and guidelines relating to the annexation of lands , all for the achievement of the purposes stated in Section 1 above . _x=43372 B-1t01 F-'374 04:21 ' ?997 0l :39P Fs 3 1, • December 10, 1996a 3 . 2 It is anticipated that land use regulations applicable to each MUNICIPALITY' S Urban Growth Area, and applicable to the COUNTY, will include without limitation, each party' s own comprehensive plan, and each party' s regulations addressing the phasing of development, zoning and subdivision, environmental and landscaping controls, development impact fees , specifications for the design and construction of public improvements, and requirements regarding the extension of streets , storm drainage, and water and sewer utility services . 3 . 3 The parties intend to develop the Plan in sufficient time for its adoption by all of them not later than twelve (12 ) months after the effective date of this Agreement . Concurrently with such adoption, the COUNTY AND EACH MUNICIPALITY will amend its respective land use and other regulations in such particulars as will authorize and enable each of them to achieve the purposes, intent , and effect of the Plan, and to implement, administer, and enforce the same within each party' s jurisdiction. 3 . 4 The parties shall update the Plan once every five (5) years after the effective date of the Plan, unless a greater or lesser time frame is agreed to by all of the parties by a separate writing . The update shall include a review of all elements of the Plan. 4 . 0 INTERIM PLANNING COORDINATION. This Agreement is intended to be an interim Comprehensive Development Plan adopted and implemented pursuant to C. R. S . §29-20-105 (2 ) . Following the execution of this Agreement by all parties, COUNTY Development approvals in the Southern Weld Planning Area will be processed and determined in accordance with the following: 4 . 1 Referral . The COUNTY will refer all proposals for Development within the Southern Weld Planning area to all three MUNICIPALITIES for their review and recommendations . Such referral will include at least a copy of the written Development proposal and preliminary COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one (21) days for each of the MUNICIPALITIES to review same and furnish its comments, recommendations, and objections , if any, to COUNTY staff prior to formulation of the COUNTY staff +'11 71447 !11 • 14P PC, December 10, 1996a recommendation. If the MUNICIPALITIES do not respond within such time limitation, COUNTY staff may proceed with its recommendation. However, notwithstanding such time limitation, any comments, recommendation, or objection from any MUNICIPALITY which is received by the County on or before the Thursday next preceding the meeting of the Board of County Commissioners or Planning Commission at which the matter will be considered will be transmitted to the Board or Commission. If NO MUNICIPALITY submits any comment, recommendation, or objection, the COUNTY may assume none of the MUNICIPALITIES have any objection to the proposal . If one or more of the MUNICIPALITIES submits a recommendation or objection, the COUNTY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the APPLICABLE MUNICIPALITY or MUNICIPALITIES by a separate writing. 4 . 2 Development Outside Urban Growth Area. To the extent legally possible pursuant to the Plan and the COUNTY' S land use regulations as described in Section 3 . 2 , the COUNTY will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area outside the Urban Growth Area . This section shall not require disapproval of a recorded exemption solely because the smaller parcel is less than two and one-half (2k) acres in size . 4 . 3 Development in Urban Growth Area. The following shall apply to proposed Development in any MUNICIPALITY' S Urban Growth Area: (a) Upon receipt of any proposal for Development of property then currently eligible for voluntary annexation to one or more of the MUNICIPALITIES, the COUNTY will, in writing, notify the proponent of the opportunity for annexation and notify each such MUNICIPALITY of the proposal . effb '543372 Q.-1601 P-474 44/21;1997 01 :39P PG 5 of 1: 1 1 December 10, 1996a (b) An essential purpose of this Agreement is to ensure that Urban Development will occur only within the limits of the applicable MUNICIPALITY or in areas which are eligible for annexation to such MUNICIPALITY. Therefore, as a condition of approval of any rezoning, planned unit development, subdivision, or use by special review for any commercial or industrial use pursuant to §31 .4 . 18 of the Weld County Zoning Ordinance #89 , as amended or renumbered (Exhibit A) , the COUNTY shall require that there be executed annexation agreement between the applicant and the MUNICIPALITY which requires the owners to annex the property to the MUNICIPALITY upon the terms and conditions and within the time stated in the agreement . No such agreement shall be required in the case of a recorded exemption, subdivision exemption, or use by special review for oil and gas wells . emN c) The MUNICIPALITY will extend, or use its best efforts to cause any special district providing sewer services within the MUNICIPALITY to extend, sanitary sewer service to property in the MUNICIPALITY' S Urban Growth Area, subject to applicable rules and regulations . Such rules and regulations, if the MUNICIPALITY is the entity extending such sewer services, shall include provisions requiring a written contract for extraterritorial service and the construction of new mains and other facilities necessary to serve the property, with costs of such construction assessed in accordance with said rules and regulations . If the MUNICIPALITY is the entity extending such sewer services, the MUNICIPALITY agrees to give notice of any proposed change in such rules and regulations to the COUNTY at least twenty-one (21) days prior to adoption. 2543872 8-1601 P-974 04/21/1997 01 :39P ['C 6 OF 19 6 } 1 tes December 10, 1996a (d) Each MUNICIPALITY provides municipal water service to property within its boundaries, subject to its rules and regulations . Each MUNICIPALITY furnishes such water service pursuant to agreements with one or more water districts and/or water conservancy districts . Each such agreement prohibits the applicable MUNICIPALITY from serving outside its boundaries or outside the boundaries of the applicable water district . Water service is currently available directly from one or more of said districts in portions of the Urban Growth Area, subject to the applicable district ' s rules and regulations . Contemporaneously with the development of the Plan, the MUNICIPALITY will negotiate in good faith with the applicable water district to explore ways in which the extension of water service within five years outside each MUNICIPALITY ' S boundaries , particularly in areas not presently included in a district ' s boundaries , can be coordinated so as to achieve the purposes stated in Section 1 above while still recognizing the rights and obligations of each such district . (e) In recognition of the availability of water and sewer service from a MUNICIPALITY or a district within the Urban Growth Area as indicated in paragraphs (c) and (d) above, the COUNTY will require water and sewer service therefrom as a condition of approval of any subdivision, rezoning or planned unit development , and will not approve such Development until and unless the applicant has obtained an approved written contract for same with the applicable MUNICIPALITY and/or district . This Agreement shall be prima facie evidence of the availability of municipal water and sewer service within the meaning of 532-1-203 (2 .51 (a) , C.R.S . /"."4* 2543872 8-1601 P-974 04/21 / 1997 01 : 39P PG 7 OF 19 7 1 December 10, 1996a (f) The COUNTY will not grant any waiver of the then-current street standards of any of the MUNICIPALITIES for any Development without the consent of the affected MUNICIPALITY or MUNICIPALITIES . Where no standards have been adopted, the COUNTY will apply the MUD street standards . (g) To the extent legally possible pursuant to the Plan and the COUNTY' s land use regulations as described in Section 3 . 2 , the COUNTY will deny proposals for Non-Urban Development in the Urban Growth Area . Nothing in this subsection shall restrict the COUNTY from approving, by means of a process such as a recorded exemption or subdivision exemption, the isolated partition or division of an ownership parcel containing at least one residence served by an individual sewage disposal system at the time of adoption of this agreement regardless of the size of the resulting parcels . Nevertheless, the COUNTY will not permit any such partition or division if the same would frustrate or hinder genuine Urban Development , as defined in Section 2 . 6 of this Agreement, in the Urban Growth Area . (h) If a MUNICIPALITY' S objection to or recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility between proposed uses in the Development and the MUNICIPALITY' S anticipated zoning classification for the property, the COUNTY will not approve same unless, in the COUNTY' s judgment, (i) such conflict or incompatibility is unlikely to occur, (ii) that suitable mitigation measures to be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) the MUNICIPALITY' S anticipated zoning classification of the property is unreasonable because of existing uses of 25',]87? 0!4/21 !1997 01 :39P PG 3 OF 1'3 December 10, 1996a adjacent property. The MUNICIPALITY shall be given notice of, and may appear and be heard at, any hearing or other proceeding at which the COUNTY will consider such issues . (i) The parties anticipate that 14 . 3 (f) - (h) will be addressed in more detail when the Plan is adopted. 4 .4 Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of each particular jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations . 4 .5 Referrals to County. (a) The applicable MUNICIPALITY will refer each proposal for Development which is presented to the MUNICIPALITY, and which lies within 500 feet of any property in unincorporated Weld County, to the COUNTY for its review and recommendation. Such referral will include at least a copy of the written Development proposal and maps . The MUNICIPALITY will allow not less than twenty-one (21) days for the COUNTY to review same and furnish its comments, recommendations, and objections, if any, to the MUNICIPALITY. If the COUNTY submits no comment or recommendation, or objection, the MUNICIPALITY may assume the County has no objection to the proposal . If the COUNTY submits a recommendation or objection, the MUNICIPALITY will either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the COUNTY by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation, the provisions of this section shall be deemed satisfied by compliance by the MUNICIPALITY with the notice and impact statement provisions of the most current version of the Municipal Annexation Act then in effect. :';43572 .-1601 t'--17. 02a:21 '1097 01 : 39P PG 'i IF t'a December 10, 1996a (b) If any COUNTY recommendation of disapproval of a Development proposal within 500 feet of any property in unincorporated Weld County is based upon a conflict or incompatibility between proposed uses in the Development and the County' s existing zoning classification for the property, the MUNICIPALITY will not approve same unless, in the MUNICIPALITY' S judgment, (i) such conflict or incompatibility is unlikely to occur, (ii suitable mitigation measures to be imposed by the MUNICIPALITY as conditions of approval will eliminate or adequately mitigate adverse consequences of incompatibility or conflict, or (iii) the COUNTY' S existing zoning classification of the property is unreasonable because of existing or planned uses of adjacent property. The COUNTY shall be given notice of, and may appear and be heard at, any hearing or other r proceeding at which the MUNICIPALITY will consider such issues. 5 .0 ANNEXATION. 5 . 1 Each MUNICIPALITY will give serious consideration to all petitions for annexation of lands within its Urban Growth Area and will not decline to annex such properties except for good cause. For the purposes of this section, good cause includes without limitation the following: (i) the extension of one or more municipal services to the area would place an unreasonable economic burden on the MUNICIPALITY, on the existing users of such services, or on the current and future residents or owners of property in the area itself ; or (ii) the area is not reasonably contiguous in fact to the MUNICIPALITY' S existing boundaries, and its annexation would result in disconnected municipal satellite . No MUNICIPALITY will annex any property located outside its Urban Growth Area unless such property is both eligible for annexation and is =143372 G-1601 r-'474 04/21; 1997 01 :39P PG 10 t;f 11 1 1 December 10, 1996a desired by the MUNICIPALITY for municipal functions such as water or sewer facilities , or other municipal facilities . 5 . 3 To the extent legally possible, each MUNICIPALITY will annex the full width of each COUNTY road right of way adjacent to property annexed by it after the effective date of this Agreement, unless the County determines that such an annexation will create piecemeal road jurisdiction in which case the more appropriate jurisdiction will be requested to annex However if the MUNICIPALITY determines that such road serves primarily COUNTY properties rather than existing or newly annexed properties in the MUNICIPALITY, in which case the MUNICIPALITY will annex none of such COUNTY road right of way. 5 .4 Notwithstanding any provision hereof to the contrary, no MUNICIPALITY is obligated to annex any property within a Development approved by the County after the effective date of this Agreement, if the Development does not conform to the Urban Growth Standards established under §S 3 . 1 and 3 . 2 herein unless a waiver or modification of such standards was granted by the COUNTY and approved by the MUNICIPALITY. 5 . 5 In determining off-site improvements to be constructed by proponents of Development in each MUNICIPALITY, the MUNICIPALITY will consider identifiable impacts on the COUNTY' s road system resulting from such Development on the same basis as impacts to the MUNICIPALITY' s road system. 6 . DEVELOPMENT FEES. As part of the Plan, the parties will establish a schedule of development fees to be assessed in both the Urban Growth Area. The parties will avoid duplication of development fees to the extent feasible . '_543572 B-1601 P-974 04/21 ' 1937 01 :39? PG : 1 CF `. December 10, 1996a 7 . 0 IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this Agreement each party will promptly enact and implement such amendments to its existing land use or annexation regulations as may be necessary to give effect to the provisions of Sections 4, 5 and 6 above. Each party shall have sole and exclusive discretion to determine such measures and any new ones as will enable it to perform this Agreement. Each party' s land use regulations as referred to herein are ordinances or resolutions whose amendment requires certain formalities, including notice and public hearings . The mutual covenants in this section and elsewhere to implement this Agreement promptly are given and received with mutual recognition and understanding of the legislative processes involved, and such covenants will be liberally construed in light thereof . 8 .0 MISCELLANEOUS PROVISIONS. 8 . 1 Severability. Should any one or more sections or paragraphs of this Agreement be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and paragraphs are severable . 2543872 B-1A01 P-974 04/21 /1997 01 :39P PG 12 OF 19 12 1 December 10, 1996a 8 . 2 Enforcement. Any party to this Agreement may seek specific performance or enforcement of this Agreement in a court of competent jurisdiction, but no such party shall have any claim or remedy for damages arising from an alleged breach hereof against any other party, nor shall this Agreement confer on any party standing to contest a land use decision or action of another, except as a breach of this Agreement , and except as otherwise provided by law. This Agreement is between the MUNICIPALITIES and the COUNTY and no third party rights or beneficiaries exist or are created hereby. 8 . 3 Effective date of Agreement. The effective date of this Agreement shall be the last date on which a party to this Agreement approved and executed this Agreement . 8 .4 Termination. This Agreement will continue in effect until the Plan is developed, adopted, and implemented by all parties . Notwithstanding the foregoing, however, any party may terminate this Agreement by giving at least twelve (12) months ` written notice thereof to each of the other parties . IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown below. 2543872 8-1601 P-974 04/21 / 1997 01 :35P PG 13 OF 19 13 � 1 i December 10, 1996a APPROVED AND EXECUTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO THIS ..q4/fh DAY OF /114,14/1„....- 1997. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD By : 2 ///i.e..;fre 41.E. Baxter, Chair / ATTEST: Weld County ' ;. rd /7 yI By: /I.ti.. /�1.1�!i:t•Sf�,i��. Deputy Cle k to the -. 2541S72 C--1 01 P-974 04/21 /1997 01 : 19P rc 1 , 11F 1 1 1 December 10, 1996a APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THIS I31-F\ DAY OF arAi , 199W. Osman.yoh' CITY OF DACONO, COLORADO �Odki070Jtib ire • 1v � 1 /J �/J x•'•20°v � Linda D . Stepien, Mayor o • ATTEST: By: Nancy lli t, City Clerk 25433;2 R-1601 P-474 04/21/ 1'?'a' 01 : 31P PG 15 I. F I4 15 ite, } December 10, 1996a APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS DAY OF , 1996 . TOWN OF FIRESTONE, COLORADO ♦T S r0 B DSO��; y —. Rick Patterson, Mayor Z rental 14,1%f•17ST:•••<o fib% I tJ Trudy Peterson, Town Clerk 2543872 B-1601 P-974 04121 : 1997 OI :J)P Pd tr. or I ! 16 i reN December 10, 1996a APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS A97-#, 7'y DAY OF /1/9Z !< , 19 91'. TOWN OF FREDERICK, COLORADO BY:8114,12,j) L r�1Gc.1u,j' Edward ay or i ente, a or ATTEST: By: ? .'J.,J Karen Borkowski , Town Clerk 0707,7/1170]tat]d:fir•• on•\landu.•\ugan.v ?54)872 B-1601 P-474 n:4,2111997 91 :3:)P PG 1- • C 17 /9--• December 10, 1996a SIEIEIT A 31.4.18 Any use permitted as a use by right , an accessory use, or a use by special review in the Commercial or Industrial zone districts provided the property is not a LOT in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions . PUD development proposals shall not be permitted to use the special review permit process to develop. 2541872 11-1601 P-974 04/21/1997 01 :1)P Pc 15 OF 1 : M.\wDFTT.RR\TA1IE\IGA1210.TP 18 ter-• d T I I i —n a1 =-- i i N n I I .1 I 11}.-- I _--+ I I i �' "I it ! � i " PE-16 2 IN PI 171 11 �� »��G�t ! T +1 2-- v w I rk I u , I X—1 �,,, �'� /^ 1 1 1 ........47....-1 ',I r Fr. '� fa vow .1 Ig I ! 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I'7 C.Ih 19 Page 1of1 Esther Gesick From: Kim Ogle Sent: Thursday, October 26, 2006 4:55 PM To: Esther Gesick Subject: FW: Gloraloma Estates Surface Use Agreement Attachments: Gloraloma CP2.PDF; Gloraloma CP3.PDF; Gloraloma CP4.PDF; Gloraloma CP1.PDF; Kim Ogle.vcf PLATS FOR GLORALOMA, S-521 PUD Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 720.652.4211 Facsimile kogle@co.weld.co.us From: Sean Phipps [mailto:sphipps@pickettengineering.com] Sent: Tuesday, September 05, 2006 3:33 PM To: tenright@KMG.com Cc: Kim Ogle; edpruss@earthlink.net Subject: Gloraloma Estates Surface Use Agreement Terry, Thank you for returning my call this afternoon. As you requested, I have attached the plat for the Gloraloma Estates Subdivision for your review. I will give you a follow up call tomorrow. Please let me know if you have any problems with the attached .pdf files. Thank you. R. 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O/ k) k, 5 I. f IA —I a4 _l ep --- 4 Iv , KK ✓ \�zV 9s: r, .x .'. tt Po eon..a 3Q • Aftri MEMORANDUM WaPe. TO: Board of County Commissioners COLORADO DATE: November 1, 2006 FROM: Kim Ogle, Planning Manager , SUBJECT: Request for Indefinite Continuance Gloraloma Estates PUD, PF-521 Steven Janssen, Applicant's Representative Linda Owens, Applicant The Department of Planning Services is in receipt of a letter dated October 30, 2006 from Steven Janssen, Attorney and the representative for Linda Owens, applicant for the Gloraloma Estates PUD, Case Number PF-521. This case has been continued from August 30, 2006 to November 1, 2006 at the request of the applicant to address outstanding issues associated with the Firestone IGA, Drainage Easements, a Ditch Agreement and Oil and Gas surface use agreements. The applicant's representative has been diligently pursuing these issues, however, as of today, not all of these issues have been resolved nor have agreements been tendered. Given the change in representation for the applicant, and the outstanding issues remaining to be resolved, Mr. Janssen respectively requests an indefinite continuance of the Final Plat to address the current situation. Staff is in support of this request. 1EXHIBIT 111)-P#52/ Steven L.Janssen Attorney at Law 5990 Pleasant Kidge Rd. boulder,CO 80501-1 7 I 8 Telephone: 505.115.45 57 5tevenjanssen@cs.com October 30, 2006 Kim Ogle, Planning Manager Southwest Weld Service Center 4209 CR 24.5 Also via email: kogle@co.weld.co.us Longmont, CO 80505 Re: Site Specific Development Plan and Planned Unit Development Final Plan, PF#521 Dear Mr. Ogle: Please be advised that I have been retained by Linda Owens to represent her in the above plan and other matters. Attached please find a written Statement of Authority to act on Ms. Owens behalf. I understand you have had a brief, and very preliminary discussion, with Mr. Kirk Goble, of The Bell 5 Land Company, regarding the status of this matter and the hearing scheduled before the Weld County Commissioners this Wednesday at 10:00 a.m. This is to apprise you that after I reviewed and discussed, with all principals concerned, the marketing plan for my client's real property, the current financial condition and legal status of my client, and those issues outstanding in this matter; it is my opinion that my client would best be served by indefinitely postponing any final action on this plan, for a reasonable period of time, say one year? I would also request a reservation allowing my client to "revive" the plan, or an allowable amended plan, at a future date. My client has reached an understanding with her primary lender which requires certain items of concern in the plan and other matters be resolved in the near future (six months to a year). An indefinite continuance would allow my client the opportunity to resolve these items and present the Commissioners the assurances they require to approve the plan. I understand that this decision is not yours to make, but I do also believe that your recommendation on this matter will carry significant weight with the Commissioners. Thus, I request an opportunity to meet with you in person to further explain this request in advance of Wednesday morning. I shall make myself available at your South East offices at your convenience, please call me. Sincerely, StevevtiJ a vtssew Steven L. Janssen encl: Statement of Authority cc: client SLJ/PAJ STATEMENT OF AUTHORITY I, Linda K. Owens, hereby designate and appoint, Steven L. Janssen, Esq., as my true and lawful representative for all purposes, and including any appearances, before Weld County Commissioners or the Weld County Planning Department concerning or related to that Site Specific Development Plan and Planned Unit Development Final Plan, PF#521, on the following real property owned by myself and Don Owens: Lot B of Recorded Exemption#1921; Part of the SE 1/4 of Section 9, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 1 Dated: V 6 . ens Hello