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PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number n n rn n - _
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area,If additional space is required,attach an additional sheet)
Legal Description Lot B of RE No. 1311-O9-4-RE192lSection 9 , Township 2 North, Range 67 West
Property Address(If Applicable) 8585 Weld Co. Rd. 22. Fort Lupton, CO 80621
Existing Zone District: Proposed Zone District: PUD Total Acreage: 105.7* Proposed#/Lots 20
*Total Acreage includes area to be developed (68.9 ac) & Tract A (36.8 ac) , undeveloped.
Average Lot Size: 2.3 Minimum Lot Size: 2.0, Proposed Subdivision Name:Gloraloma Estates
Proposed Area (Acres)Open Space: 15.0 ac located within area to be developed (68.9 ac) = 21%
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Don and Linda Owens
Work Phone# Home Phone# 303-833-4O40 Email Address
Address: 8585 WCR 22
City/State/ZipCode Fort Lupton, CO 80621 •
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Ed Pruss
Work Phone# 303-449-5000 Home Phone# Email Address
Address: c/o Coldwell Banker 3300 28th St.
City/State/Zip Code Boulder, CO 80301 FAX# (303) 449-(1t(pri
UTILITIES: Water: Central Weld County Water District
Sewer: Each residence will have an engineer-approved on-site wastewater treatment
Gas: Xcel Energy system.
Electric: United Power
Phone: Qwest Communications
DISTRICTS: School: Fort Lupton School District
Fire: Platteville/Gilcrest Fire Protection District
Post: Fort Lupton
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for
the corpora ion. I (we) he nde igned, hereby request hearings before the Weld County Planning Commission and the Board
of Court? ommissio er conc$ningthe proposed Change of Zone forthe above described unincorporated area of Weld County,
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Signature: Owner or A rized Agent Date Signature: Owner or Authorized Agent Date
EXHIBIT
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2004-2137
GLORALOMA ESTATES PUD
PICKETT ENGINEERING, INC.
PEI No. 02-006
SUMMARY OF CONCERNS:
RESPONSES TO WELD COUNTY'S CONCERNS IDENTIFIED
DURING THE PUD SKETCH PLAN APPLICATION PROCESS
Compliance With Comprehensive Plan:
A.Goal 1: The applicants agree with the comments made by Weld County.
A.Policy 3: The applicants are currently negotiating an Annexation Agreement with the
Town of Firestone.
A.Goal 4: The applicants agree with the comments made by Weld County.
R.Policy 5: Section 27-6-70 B-4 of the attached Specific Development Guide
demonstrates how the uses allowed by the proposed PUD rezoning will be compatible
with the land uses surrounding the PUD Zone District.
A.Policy 6: An agreement with the Central Weld County Water District has been
approved by the Weld County Attorney's Office. The letter indicating the Central Weld
County Water District's capability and intention to serve the proposed development, as
well as the letter of approval, are attached with this Change of Zone application.
Professionally engineered individual sewage disposal systems will be required for each
proposed residence. Each disposal system and its associated absorption field will be
based on further geotechnical investigation and the engineered design. The design of
these disposal systems will meet the applicable requirements outlined in the January 20,
2000, referral letter from the Weld County Department of Public Health and
Environment.
A.Policy 7: The applicants have incorporated Weld County's "Right to Farm" covenant
into the attached Change of Zone Plat.
Compliance with Ordinance 195:
4.3 (b) of Ordinance 195: The applicants are currently negotiating an Annexation
Agreement with the Town of Firestone.
4.3 (e) of Ordinance 195: An agreement with the Central Weld County Water District
and the subsequent approval of that agreement by the Weld County Attorney's Office is
attached with the Change of Zone application. The residential lots will not be served by
sanitary sewer services but will utilize professionally engineered sewage disposal systems
as outlined in the Specific Development Guide.
6/17/2003 1 of 3
Street/Access/Utility Standards:
P.Goal 2: The attached plat has dedicated an additional 10 feet of ROW along the west
side of WCR 19, which will represent one-half of the ultimate width. The Bull Canal
Irrigation Ditch currently separates the south property line of the site from WCR 22—
creating 60 feet of separation between the property line and the centerline of WCR 22.
The applicants are aware that the development will be required to pay its proportional
share of fees incurred by improvements to WCR 24 and WCR 13 and fees incurred as a
result of the Weld County Road Impact Fee Program. The terms of these fees will be
addressed in the Improvements Agreement to be submitted with final plans. Signs will
be placed as required by Weld County in accordance with Section 27-6-90 of the Weld
County Code. The proposed 30-foot-wide emergency, irrigation, oil and gas access
easement located at the northwest corner of the proposed development will have a 20-
foot-wide, all-weather access section, and will be accessible to trucks and other heavy
equipment. The internal roads within the development shall be paved to a width of 24
feet with 4-foot shoulders. Additional connectivity shall be provided by equestrian trails.
However, the development does not propose the construction of sidewalks as mentioned
in the Sketch Plan review comments. A drainage report and a traffic analysis are attached
as part of the Specific Development Guide.
Section 2.1: The layout of the internal roadways and lots has been adjusted slightly to
provide access to the internal road system from all the lots. The road alignment changes
addressed the maximum block length. These changes have been previously reviewed by
the Weld County Public Works and Planning Departments. The internal road system
meets the minimum design standards as outlined in the Weld County Subdivision
Standards. The emergency, irrigation, oil and gas access located at the northwest corner
of the proposed development serves as access to the adjacent Tract A.
Section 10.6: Appropriate utility easements have been added to the Change of Zone Plat.
Section 2.2: An agreement with the Central Weld County Water District has been
approved by the Weld County Attorney's Office. The letter indicating the Central Weld
County Water District's capability and intention to serve the proposed development, as
well as the letter of approval, are attached with this Change of Zone application.
Professionally engineered individual sewage disposal systems will be required for each
proposed residence. Each disposal system and its associated absorption field will be
based on further geotechnical investigation and the engineered design. The design of
these disposal systems will meet the applicable requirements outlined in the January 20,
2000, referral letter from the Weld County Department of Public Health and
Environment.
Open Space/Landscaping:
Section 10.1.1.1: The applicants agree with the comments made by Weld County.
Section 10.1.1.3: The applicants agree with the comments made by Weld County.
6/17/2003 2 of 3
Section 2.2: The emergency, irrigation, oil and gas access will continue to provide
connectivity to Tract A in its historical location but with an improved road section. The
residents of the proposed development will have access to the amenities and open space
located within Tract A as outlined in Section 27-6-70 B-3 of the attached Specific
Development Guide. The attached landscape plans illustrate the proposed buffering and
substantial berms required to provide adequate screening from the existing land use on
adjacent properties.
Uses/Bulk Requirements/Compatibility of Uses:
The uses and lot size requirements are addressed in Section 27-6-70 B of the attached
Specific Development Guide. The applicants agree with the following comment made by
Weld County: "PUD zoning allows the applicant to state setback requirements within the
PUD which do not conform with the other zone districts."
Design Standards/Improvements Agreement/Subdivision Improvements:
An improvements agreement will be submitted with the final plans detailing road
construction and maintenance, open space landscaping and maintenance, utility
extension, signage, and any other applicable element of the PUD. The design of the
proposed PUD will meet Weld County design standards as applicable.
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Environmental Criteria:
A note has been added to the Change of Zone plat stating that trucks and other heavy
equipment will have access to subdivision roads to service the oil wells and tanks on site.
Ground floor elevations, individual lot grading, individual sewage disposal systems, and
structural foundations will be designed based on additional geotechnical investigation
under the direction of a professional engineer. All structures will conform to design
criteria outlined in the 1997 Uniform Building Code.
6/17/2003 3 of 3
GLORALOMA ESTATES PUD
PEI No. O2-OO6
SPECIFIC DEVELOPMENT GUIDE
Weld County Code—Article VI
Section 27-6-10. Intent
The development guide outlines criteria, sets forth the standards and conditions for development
within the PUD and provides a basis for review of subsequent steps in the PUD process. The
development guide shall address eight (8) major components of the development, provided in
this Chapter [Ch. 27 of the Weld County Code]. Information provided by the applicant in the
development guide will be used to evaluate compliance of the proposal with Chapter 22 of this
Code and other applicable Chapters. While the development guide must address all components
set forth in [Chapter 27] of this Code, the Director of Planning Services shall have the discretion
to waive component elements when not necessary for consideration of the development guide.
Section 27-6-20. Development Guide Options
A. The development guide provides two (2) processing options based upon the amount
and detail of information provided by the applicant in the submittal. Upon review of the
development guide application, the Department of Planning Services will make a determination
regarding the amount and detail of submitted information in order to determine the appropriate
processing option for the PUD.
The applicants are requesting that this change of zone be processed as a
Specific Development Guide (Option One, below).
B. Option One. Option one entails a Specific Development Guide submittal, which
requires a greater degree of detailed, specific information regarding the development. This
option is intended to facilitate a more expedient review process because information is reviewed
at the earliest opportunity. The Specific Development Guide shall address, in detail, all
proposed uses on site and development delineated in Sections 27-6-30 through 27-6-110 of
[Chapter 27] of this Code. If the proposed uses differ between the change of zone, Specific
Development Guide and final plan submittals, additional review of the final plan by the Board of
County Commissioners is warranted at a public hearing.
C. Option Two. Option Two provides for a conceptual development guide, which
allows for more flexibility in the amount of detail submitted in the development guide. A
conceptual development guide submittal is not required to contain as detailed information as a
Specific Development Guide; however, any information not included in sufficient detail in the
conceptual development guide will be required to be submitted at the final plan application. The
conceptual development guide will schematically and generally address standards in Sections
27-6-30 through 27-6-110 of[Chapter 27] of this Code.
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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.
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.
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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. See the drainage report for additional information
regarding stormwater management.
7. Wastewater disposal:
Professionally engineered individual sewage disposal systems will be
required for each proposed residence. Refer to Exhibits: Terracon's
Geotechnical Engineering Report dated November 17, 1999.
8. Wetland removal:
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 Exhibits: Wildland Consultants' Wetland
and Rare Species Evaluation, Gloraloma Subdivision, March 2002.
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
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ponds, and storm drainage structures. This is discussed in more detail in the
stormwater drainage section. Refer to Exhibits: Preliminary Drainage
Report for Gloraloma Estates PUD, Change of Zone Submittal, dated April
2003,prepared by Pickett Engineering, Inc.
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.
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.
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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 20 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.
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
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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.
A traffic impact analysis, dated September 6, 2002, has been completed for
the Gloraloma project. As he traffic analysis indicates, "the subdivision will
generate 12 morning peak hour trips, 16 afternoon peak hour trips, and [a
grand total ofj 153 trips per day. These trips are considered minor. " The
traffic analysis was based on total of 16 residential lots. However, the total
number of residential lots is, in fact, 20, which will increase the projected
trip generation by 25%—resulting in 191 trips per day. Based on the traffic
counts performed for the traffic impact analysis, these 191 trips are less than
12% of the current daily traffic on WCR 19. Refer to Exhibits: The
Gloraloma Traffic Impact Study by Eugene G. Coppola, PE, dated September
6, 2002.
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 Exhibits: Preliminary Drainage Report for Gloraloma
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Estates PUD, Change of Zone Submittal, dated April 2003, 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.
Qwest Communications will provide phone service. United Power will
supply power. Xcel Energy will supply gas. Refer to Exhibits: Letters from
Qwest Communications, United Power, Inc., and Xcel Energy.
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 indicates
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. 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
association dues to pay the costs associated with the maintenance.
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
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with the property fully developed will remain very acceptable. Refer to
Exhibits: The Gloraloma Traffic Impact Study by Eugene G. Coppola, PE,
dated September 6, 2002.
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.
The attached landscape plans illustrates the conceptual location of trees,
trails, screening and open space within the development. Refer to the plan
set for Landscape Plans, sheets L1.1—L1.4, by Ground Logic Landscape
Architecture & Consulting.
2. A statement which describes any proposed 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 plan set for Landscape Plans, sheets L1.1—L1.4, by
Ground Logic Landscape Architecture & Consulting.
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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 on-site landscape
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
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.
13. 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
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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 attached
Change of Zone 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.
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 in 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 are currently working with the Town of Firestone to
draft and complete an Annexation Agreement.
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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
Change of Zone application recognizes the importance of preserving
agricultural land use within Weld County and has included as part of the
change of zone 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
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.
The land uses identified in this 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 2.59
acres (as indicated on the attached 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 proposed PUD Zone District from this rezoning 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 proposed
PUD Zone District are open space and some existing oil facilities. The open
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11 �.
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
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 page 2 of this application.
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 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
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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 Exhibits: Preliminary Drainage Report for Gloraloma
Estates PUD, Change of Zone Submittal, dated April 2003, prepared by
Pickett Engineering, Inc.
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.
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
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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
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.
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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.
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:
At the time of final plat, the developer will 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.
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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:
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
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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.
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 with 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.
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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 often (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.
1. The minimum spacing between signs shall be six hundred(600) feet.
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.
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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-I)
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
19
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 are currently pursuing an
Annexation agreement with the Town of Firestone.
Section 27-6-120. Review procedure for change of zone
A. Intent. The intent of this Section is to outline the criteria for evaluation of a change
of zone by the Department of Planning Services, the Planning Commission, and the Board of
County Commissioners.
B. Duties of the Department of Planning Services. The Department of Planning
Services shall be responsible for processing all applications for a change of zone to a PUD Zone
District. The Department shall have the responsibility to ensure that all application procedures
and requirements are met prior to any official action. Once a complete application is submitted
in compliance with Section 27-5-30 of this Chapter,the Planner shall:
1. Set a Planning Commission hearing date not less than forty-five (45) days nor
more sixty (60) days after the complete application has been submitted.
2. Send the application to referral agencies for review and comment. The agency
shall respond within twenty-one (21) days after the application is mailed. The failure of
any agency to respond within twenty-one (21) days may be deemed a favorable response.
All referral agency review comments are considered a recommendation to the County for
approval and denial of a change of zone application. The referral agencies include those
listed in Section 27-4-30 of this Chapter.
3. Arrange for legal notice of said hearing to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices. At the
discretion of the Board of County Commissioners, a second notice may be published in a
newspaper which is published in the area in which the PUD plan is proposed. The failure
to publish the second notice shall not create a jurisdictional defect in the hearing process.
The date of publication shall be at least fourteen (14) days prior to the hearing. The public
notice shall include a legal description of the property being considered for off-site
dedication for a public purpose. If the cash-in-lieu option is selected, the public notice
shall also include a statement to that effect.
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4. Give notice for the proposed change of zone and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500)
feet of the parcel under consideration, and owners and lessees of the mineral estate on or
under the parcel under consideration. Such notification shall be mailed, first class, not less
than fifteen (15) days before the scheduled public hearing. Such notice in not required by
state statute and is provided as a courtesy to the owners and lessees of the mineral estate
on or under the parcel. Inadvertent errors by the applicant is supplying such list or the
Board of County Commissioners in sending such notice shall not create a jurisdictional
defect in the hearing process even if such error results in the failure of a surrounding
property owner and lessees of mineral estates to receive such notification. Notice shall
include a legal description of the property being considered for off-site dedication for a
public purpose. If the cash-in-lieu option is selected, the public notice shall also include a
statement to that effect.
5. The Department of Planning Services shall post a sign for the applicant on the
property under consideration for a PUD rezoning. The sign shall be posted adjacent to and
visible from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one (I) sign shall
be posted at the point at which the driveway(access drive) intersects a publicly maintained
road right-of-way. The sign shall be posted at least fifteen (15) days prior to the hearing.
The sign posting shall also include a legal description of the property being considered for
off-site dedication for a public purpose. A sign shall be posted on the property under
consideration as the off-site dedication. If the cash-in-lieu option is selected, the public
notice shall also include a statement to that effect.
6. Prepare a staff recommendation for use by the Planning Commission addressing
all aspects of the application. Planning staff recommendations will determine if:
a. The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 19, 22, 23, 24 and 26 of this Code.
b. The uses which would be allowed in the proposed PUD will conform with
the performance standards of the PUD Zone District contained in Article II of this
Chapter.
c. The uses which would be permitted shall be compatible with the existing or
future development of the surrounding area as permitted by the existing zoning, and
with the future development as projected by Chapter 22 of this Code or master plans
of affected municipalities.
d. The PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the performance standards in Article II
of this Chapter.
e. The street or highway facilities providing access to the property are adequate
in functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
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f. An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of this Code, as amended, and
a road improvements agreement is complete and has been submitted, if applicable.
g. There has been compliance with the applicable requirements contained in
Chapter 23 of this Code regarding overlay districts, commercial mineral deposits and
soil conditions on the subject site.
h. Consistency exists between the proposed zone district, uses and the specific
or conceptual development guide and concerns identified in sketch plan comments
provided pursuant to Section 27-4-40 of this Chapter have been adequately
addressed.
C. Duties of the Planning Commission. The Planning Commission shall recommend
approval of the application only if it finds that the applicant has met the applicable requirements
or conditions of this Chapter and supplementary district regulations and overlay restrictions in
Chapter 23 of this Code.
1. The applicant has the burden of proof to show that the standards and conditions
of Paragraphs a through h are met:
a. That the proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19, 22, 23, 24 and 26 of this Code.
b. That the uses which would be allowed in the proposed PUD will conform
with the performance standards of the PUD Zone District contained in Article II of
this Chapter.
c. That the uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing zoning,
and with the future development as projected by Chapter 22 of this Code or master
plans of affected municipalities.
d. That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the performance standards in Article
II of this Chapter.
e. That street or highway facilities providing access to the property are
adequate in functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
f. In the event the street or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation
Section of Chapters 22, 24 and 26 of this Code, if applicable. This shall be shown
by submitting with the PUD district application a separate proposal for on-site and
off-site improvement agreements. This proposal shall describe, in detail, the type of
on-site improvements in compliance with Section 24-9-10 and off-site road
improvements in compliance with Section 24-9-20 of this Code, to determine if the
requirement for street or highway facilities providing access to the property has been
22
satisfied. The method of guarantee shall conform with the County's policy
regarding collateral for improvements.
g. That there has been compliance with the applicable requirements contained
in Chapter 23 regarding overlay districts, commercial mineral deposits and soil
conditions on the subject site.
h. Consistency exists between the proposed zone district, uses and the Specific
or Conceptual Development Guide.
2. The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained in the official
record, which includes the Department of Planning Services case file, to the Board of
County commissioners within fifteen (15) days after said recommendation has been made.
3. If the Planning Commission recommendation is conditional upon the applicant
completing certain specifications prior to the publication of the notice for the hearing by
the Board of County Commissioners, the fifteen-day period shall commence upon
submission of the items by the applicant to the Department of Planning Services.
D. Duties of the Board of County Commissioners. After receipt of the Planning
Commission's recommendation, the Board of County Commissioners shall hold a public hearing
to consider an application for a change of zone to a PUD Zone District.
1. Set a Board of County Commissioners public hearing to take place not less than
fifteen (15) days and not more than forty-five (45) days after receipt of the Planning
Commission's recommendation, for consideration of the proposed change of zone.
2. Arrange for legal notice of said hearing to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices. At the
discretion of the Board of County Commissioners, a second notice may be published in a
newspaper which is published in the area in which the PUD plan is proposed. The failure
to publish the second notice shall not create a jurisdictional defect in the hearing process.
The date of publication shall be at least fifteen(15) days prior to the hearing.
3. Arrange for the Department of Planning Services to post a sign on the property
under consideration for the PUD plan according to the requirements of Paragraph B.5
above.
4. Give notice of the proposed change of zone and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500)
feet of the parcel under consideration, and owners and lessees of the mineral estate on or
under the parcel under consideration. Such notification shall be mailed, first class, not less
than fifteen (15) days before the scheduled public hearing. Such notice is not required by
state statute and is provided as a courtesy to the owners and lessees of the mineral estate
on or under the parcel. Inadvertent errors by the applicant in supplying such list or the
Board of County Commissioners in sending such notice shall not create a jurisdictional
defect in the hearing process, even if such error results in the failure of a surrounding
property owner or owners and lessees of mineral estates to receive such notifications.
23
5. The Board of County Commissioners shall hold a public hearing to consider the
application and to take final action hereon. In making a decision on the proposed change
of zone, the Board shall consider the recommendation of the Planning Commission, the
facts presented at the public hearing and the information contained in the official record,
which includes the Department of Planning Services case file. The Board of County
Commissioners shall approve the request for the application only if it finds that the
applicant has met the applicable requirements of Paragraphs a through h below. The
applicant has the burden of proof to show that the following standards and conditions have
been met:
a. That the proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19, 22, 23, 24 and 26 of this Code.
b. That the uses which would be allowed on the subject property will conform
to the performance standards outlined in Article II of this Chapter.
c. That the uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing zone
district and with the future development as projected by Chapter 22 of this Code or
master plans of affected municipalities.
d. Evidence that adequate public water and sewer will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the
performance standards in Article II of this Chapter.
e. That street or highway facilities providing access to the property are
adequate in functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed Zone District.
f. In the event the street or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation
Section of Chapters 22, 24 and 26, if applicable. This shall be shown by submitting,
with the PUD district application, a separate proposal for on-site and off-site road
improvements. This proposal shall describe, in detail, the type of on-site
improvements in compliance with Section 24-9-10 and off-site road improvements
in compliance with Section 24-9-20, to determine if the requirement for street or
highway facilities providing access to the property has been satisfied. The method
of guarantee shall conform with the County's policy regarding collateral for
improvements.
g. That there has been compliance with the applicable requirement contained in
Chapter 23 regarding overlay districts, commercial mineral deposits and soil
conditions on the subject site.
h. Consistency exits between the proposed zone district uses and the specific or
conceptual development guide.
24
.1
•
i. Upon the Board of County Commissioners making its final decision, a
resolution setting forth that decision shall be drafted and signed. A record of such
action and a copy of the resolution will be kept in the files of the Clerk to the Board.
j. The Board of County Commissioners shall arrange for the Clerk and
Recorder to record the resolution and, if the proposed change of zone is approved,
the rezoning plat. (Weld County Codification Ordinance 2000-1; Weld County
Code Ordinance 2001-1)
25
MAR 04 0: 15:55 FP racikELL EPNVEP BL DP T0^-197035564866-13 P.02/06
Feb 25 03 11 : 51a .es Scott
9 ,0 785 0132 p. 2
Platteville/Gilcrest Fire Protection District
303 Main Street P.O. Box 407
Platteville CO 80651-0407
970-785-2232 970-785-0139 FAX
February 25, 2003
To Whom It May Concern:
If the Glora Loma Estates are developed on the north side of WCR 22
and east of WCR 17 1/2 then the Platteville/Gilcrest Fire Protection Dist will
cover it, If the development extends beyond these roads then the Ft. Lupton
Fire Din. and the Fredrick Fire Dist. need to be aware. If there are any
questions please give me a call.
„fi.incere .
Russ Kissler
Fire Prevention Officer PGFPD
Oa-oo4LL/4.0
Na fTIL
Sean Phi s
fr.—Modified: Wed 4/30/2003 :09 PM
Mfg 4/30/03
I met at the site with Alfred Sater, the property owner to the south, and a ditch operator named Stuart. They
were concerned about having access to the headgate that comes out of the Harrison Reservoir. I told them that
the Harrison Reservoir Property had a thirty foot strip of land that centered about their irrigation tile and that
this property extended all the way into the Coal Ridge bitch ROW. I also show them the intended roadway plans
for and the oil/gas access road to the wells that are west of the previously mentioned 30 foot strip. I told them
that I would add the irrigation company to the callout for that access road on the plans and that I could extend
the linework representing that road further to the south. They felt comfortable with the proposed plans and-
their continued access to the headgate. We discussed the 6' chain link fence that Jerry Westbrook required
and all of us felt that the fence would not provide any real protection. I encouraged them to discuss this issue
with Jerry. We also discussed the proposed drainage and how that would be handled. I showed them our
proposed ponds and explained the controlled release of water to the west along the historic flow path. From the
site visit and the details provided by these gentlemen, that this proposed outfall would allow the water to drain
to the low point at the southern end of the grove of established cottonwoods. If the water level was high
enough, the water could eventually enter a pipe from the south side of the southern ditch rider road and flow
into Coal Ridge bitch. The gentlemen I met with felt confident that the water would infiltrate quickly due to the..
"sandy" nature of the soil. They were also concerned about runoff pollutants such as motor oil. I explained to
them the low density nature of the subdivision and the use of grassed roadside ditches instead of storm gutter
to convey the flow to the pond. They felt comfortable that such pollutants would not be a factor.
r
%fter our discussion on these topics,they felt comfortable and asked who the agreement needed to be sent to. I
told them to send it to Ed Pruss and gave them his address. I also informed them that at this point it was not
absolutely necessary to have a signed agreement in place. I told them that if they had questions or were not
prepared to enter into an agreement they could send Ed a letter explaining that we had been making "an adequate
attempt" to "accomodate the concerns of the ditch owners". I explained this alternative to them in case the
drafting of an actual agreement might take much longer than creating a letter regarding the "attempt". Alfred
Sater said he would contact Ed Pruss about the matter.
I -
1
1 -
PICKETT
ENGINEERING, INC.
April 14, 2003
Jerry A. Westbrook
Head, Land and Water Contract Services Branch
Northern Colorado Water Conservancy District
PO Box 679
Loveland, CO 80539-0679
RE: Coal Ridge Ditch
Gloraloma Estates
PEI No.02-006
Dear Mr. Westbrook:
This is in reference to your letter dated September 18, 2002, regarding the existing right-
of-way for the South Platte Supply Canal ("canal") also known as the Coal Ridge Ditch,
in the SE% of Section 9, Township 2 North, Range 67 West, 6th P.M., Weld County,
Colorado. The canal's right-of-way is located adjacent to the proposed development for
the Gloraloma Estates PUD subdivision.
Although they are adjacent to each other,the design layout for the proposed development
does not include any crossings on, over, under, or across the canal right-of-way. Nor
does the proposed design require any construction within or disturbance to any portion of
the canal right-of-way. The developers are aware that the right-of-way is not authorized
for public use by residents of the proposed subdivision. They are willing to install the
required 6-foot-high chain link fence along the right-of-way boundary (approximately
400 feet)to prevent indiscriminate use and trespass and for purposes of health and safety.
The installation of this fence is contingent upon the actual construction of the proposed
subdivision.
Therefore, it appears to our office that the proposed development will comply with each
of the guidelines and criteria listed in your above-referenced letter. Please find attached
the Change of Zone Plat and Layout Plan. These sheets indicate that the proposed
development and its construction will meet the guidelines and criteria specified in your
letter.
• 808 8th Street - Greeley, CO 80631
Phone (970) 356-6362 — Fax (970) 356-6486
Northern Colorado Water Conservancy District
April 14,2003
Page 2
In order to proceed with the development, we must fulfill certain Weld County
requirements. In particular, Weld County's Change of'Zone application review process
requires the following:
One copy of an agreement with the owner of any ditch associated with the
subject property or evidence that an adequate attempt has been made to
accommodate the concerns of the ditch owners in accordance with Section
27-5-30 H of the Weld County Code.
Pickett Engineering is hoping to facilitate the drafting of such an agreement between your
organization and the property owners. Please contact me so that we may discuss this
proposed agreement, and so that I might address any questions or concerns you may have
about the proposed development or the attached sheets.
Sincerely,
PICKETT ENGINEERING,INC.
R. Sean Phipps,EI
Project Engineer
RSP/pkg
attachments
cc: Ed Pruss (w/o attachments)
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
P.O.Bea 679 Loveland,Colorado 80539-0679 1250 North Wilson Loveland,Colorado 80537
Phone(970)667-2637 FAX(970)663-6907
•
September 18, 2002
�w.
DIRECTORS
BOULDER counry Mr. R. Sean Phipps
Henry A.�'^Jr Pickett Engineering, Inc.
la Ruth Wright 808 8t" Street
LAR1MER COUNTY Greeley, CO 80631
Mike Apphpa
William H.Baum
Mme A.KaM Dear Mr. Phipps:
WELD COUNTY
Won E. °F/ad Konen Samna This is in regard to your email request of September 16, 2002, pertaining to the
WASHINGTON AND proposed development of real property located adjacent to the South Platte Supply
MORGAN COUNTIES Canal (canal), also known as the Coal Ridge Ditch, in the SPA of Section 9,
John R.Rmah Township 2 North, Range 67 West, 6t" P.M., Weld County, Colorado.
LOGAN COUNTY
,, cedar The right-of-way, in the name of the United States, was acquired for the purpose
iGWL«COUNTY of constructing, operating, and maintaining the canal that has a designed capacity
GeorgeJeni of 125 cfs. A copy of the legal description and tract map for the subject right-of-
DIRECTOR EMERITUS way is enclosed. The canal is operated and maintained by the Northern Colorado
ND
Ran
Water Conservancy District(District) through an agreement with the United
States Bureau of Reclamation (Bureau of Reclamation) and a subsequent
OFFICERS agreement between the District and the Coal Ridge Ditch Company for continued
daily operation and maintenance.
Mae Applegate,
President
Ken'°"R' nee The following guidelines and criteria pertain to the use thereof or any crossings
Vice President
Erie Pain H an, on, over, under, or across the canal right-of-way:
Secretary
Dwell Treasurer
Tmddma 1. Nothing can take place within the right-of-way that would
ChiefEngineer interfere with, or threaten to interfere with, the acquired use of
any operation or maintenance activities or administration of the
right-of-way.
LEGAL COUNSEL 2. Any use of the right-of-way requires a Letter of Consent
Trout.Wirwer&Freeman,P.C. approving said use by the requestor, the District, and the Bureau
1120 Lincoln Street of Reclamation.
Suite t600
Denier.Colorado 80203
3. All plans for the use and construction of facilities or utilities
within the right-of-way must be submitted to the District for
review and approval.
Mr. R. Sean Phipps
Page 2
September 18, 2002
4. No construction shall take place within the right-of-way during the water
delivery season, which is between April 1 and October 31 of any calendar
year. All construction, once permitted, shall proceed uninterrupted from
initiation to completion unless the District requests that said construction be
interrupted or ceased.
5. The right-of-way is not authorized for public use or use by residents in a
proposed subdivision. The developer will be required to install a 6-foot high
chain-link fence along the right-of-way boundary to prevent indiscriminate use
and trespass and for health and safety purposes.
6. All utility lines (water, sewer, electrical, gas, communication, and cable TV)
crossings shall be placed within a conduit under the canal at a minimum depth
of 30 inches between the bottom grade of the canal and the top of the conduit.
All buried lines shall be marked with appropriate signs identifying their
location.
7. All bridges for vehicular traffic over the canal shall be free-span with a
minimum load rating of HS-20 and designed to bypass the designed flow of
125 cfs. Concrete box culverts will be considered, but metal culverts will not
be permitted.
8. All portions of the right-of-way and the canal bottom, sides, and banks that are
disturbed by the process of construction shall be restored to the original
condition, re-vegetated, and all fencing or other facilities appurtenant to the
canal right-of-way shall be replaced in a condition at least equal to the
condition of such facilities and appurtenances prior to construction.
If you have additional questions or if we can be of further assistance, please give me a call at
(970) 622-2250.
Sincerely,
Jerry A. Westbrook
Head, Land and Water
Contract Services Branch
mw
Enclosures (2)
cc: Jim Struble
Mtg w/ Kris: 9/12/02
General suggestions for meeting with Alfred Sater:
1. Put myself in Alfred's shoes, he does not want anything to change his ditch's existing
water quality, volume, maintenance and accessability. I need to be certain we are not going
to change That. Before I meet with Alfred I need to review the existing conditions so I can
assure him our proposal will not affect the ditch.
2. For a ditch that does not have a recorded R.O.W. or easement,the prescriptive
easement will be 30' on each side of the ditch centerline. Showing a 50' easement could
make things go smoother.
3. The ditch owner could have the option to purchase the land within the precriptive
easement if the Owens were willing to sell.
4. We will want to show the easement on our plat sheets but the lot lines will need to go to
The property boundary.
5. We will want to include Alfred Sater on our utility sign off sheet, maybe even for the
COZ drawings. We will not expect Alfred to sign any agreements unless he has them drawn
up by an attorney.
6. Kris said I will want to deal with Alfred for issues regarding the ditch unless I am told
by Alfred That the NCWCD will required an easement larger Than 50' on each side of the
CL. Then I may need to contact Forrest Leaf with the NCWCD.
General
*The coal ridge ditch fronts on the very NW corner of the proposed development
*There is a 30' easement for what appears to be a 24" CMP that runs from the existing
lakes (off site)to the Coal Ridge Ditch, this easement forms the western boundary of the
proposed development
*Contact: Alfred Sater, President
(303)776-4091
7544 WCR 24
Longmont, CO 8050
*Alfred informed me that the Northern Colorado Water Conservency District made
improvements to the ditch in order to carry Platte Valley water.
•
EXHIr PAGES
GRIFFITHS, TANOUE & LIGHT, P.C.
ATTORNEYS AT LAW
r
WRITER SQUARE OFFICE TOWER TEL. (303)298-1601
1512 LARIMER STREET,SUITE 550 FAX(303)298-1627
DENVER,COLORADO 80202 E-MAIL slight@gtlaw.com
SAMUEL J.LIGHT
November 1, 2000
Ed Pruss
Coldwell Banker Moore and Company
3300 28th Street
Boulder, CO 80301
Re: Town of Firestone; Annexation Agreement for Owens Property
Dear Mr. Pruss:
Enclosed is a draft Agreement concerning annexation of the Owens' Gloraloma Ranch property
to the Town of Firestone. Please note that the enclosed is a draft only, and that the Board of
Trustees may have additional comments upon its review. The document is also subject to
approval by the Board of Trustees.
You will note that there are blanks on pages 1 and 2 referencing a County land use case. The
intent is that the Agreement would allow the large-lot residential project to proceed through the
County; therefore,we would like to reference the County case number. If the project or property
use is changed, the Town would have the right to require annexation, as explained in Section 5.
Also, I have inserted a legal description on page 7. Please let me know whether it is correct,and
please provide a copy of the Owens' current deed to the property.
If you have any questions or comments, please contact me or Trudy Peterson.
Sincerely,
GRIFFITHS, TANOUE & LIGHT, P.C.
By: / C.14
Samuel J. Light
SJL:\
cc: Trudy Peterson, Town Clerk/Administrator
Bruce Nickerson, Town Planner
Dave Lindsay, Town Engineer
110100/1833[OF:\Users\Sam\W PDocs\Fireston\Pmss2.l tr
DRAFT: November 1, 2000
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2000, by and between Don Owens and Linda Owens, hereinafter referred to as "Owner,"and the
TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred
to as "Firestone" or "Town".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County,
Colorado, with a street address of 8585 Weld County Road 22, Longmont, Colorado, 80504, and
more particularly described and depicted on Exhibit "A" attached hereto and incorporated herein
by reference (such property is hereinafter referred to as "the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the Town, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of
Dacono and the Towns of Firestone and Frederick (the "ICPA");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 is pending under Weld
County Case No. ; and
WHEREAS, as a condition of any such approval, and pursuant to the ICPA, 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; 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 BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing
recitals into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth certain terms and
conditions with respect to annexation of the Property to the Town. Except as expressly provided
for herein to the contrary, all terms and conditions herein are in addition to any and all
1
EXHIr7
PAGES
BOARD MINUTES - TOWN Or r WES l urTh
Regular Meeting - July 12, 2001
Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520
The Regular Meeting of the Board of Trustees of the Town of Firestone, CO was held on Thursday, July
12, 2001 at the Firestone Town Hall.
PRESENT: Al Spinden
Butch Walb
Lynelle Meis
Rick Patterson
Marsha Modrell
Mike Degge
Dennis Bertron
PRESENTATIONS
None
ADDITIONS TO AGENDA
The Administrator added the contract with Weld County for the spraying of noxious weeds.
MINUTES
Mike Degge moved to approve the minutes of the June 25th meeting. Marcia Modrell seconds the motion.
A voice vote was taken, motion carried.
TREASURER'S REPORT
None—moved to July 26 meeting.
FINANCIAL REPORT
None—moved to July 26 meeting.
APPROVAL OF BILLS
Lynelle Meis moved to approve the Bills for the month of June with the additions as submitted. Al Spinden
seconded. Roll call was taken. Motion carried.
REPORTS
Mayor Patterson reported the next meeting of the I-25 Corridor group will be July 16th at 5:30 p.m.
d. Trash rate increase — The Administrator indicated to the Board that she had received a letter from
Pat Huey of Town & Country Disposal, Inc. notifying the Town of the increase for waste hauling.
Several of the Board members questioned when the Town was going to receive the larger containers
for the automated hauling system. Trudy explained that Mr. Huey was having problems getting the
containers from the manufacturer. Mike Degge moved, Marcia Modrell second, to pass Resolution
No. 01-25 A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE
CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE.
Roll call was taken, motion carried unanimously.
e. Maintenance Shop Fence — The Board reviewed the bids for the fence. Theo Abkes suggested the
estimate for the 3-strand of barbwire on top. All the maintenance equipment for outside will be
stored in the fenced area. The Administrator requested the maintenance department do a physical
inventory of all equipment when moved from the old shop location to the new facility. Al Spinden
moved, Marcia Modrell second, to authorize an expenditure not to exceed $4,460.00 to install 250'
of fence as per bid by Custom Fence & Supply Inc. Roll call was taken, motion carried.
f. Vacating easement St. Vrain Ranch Filing III — Bruce Nickerson explained to the Board the need to
vacate the easement that was issued during Filing III. The need no longer exists and the language on
the original easement agreement dictates that formal action needs to be taken by the Board. Mike
Degge moved to adopt Ordinance No. 477 — AN ORDINANCE APPROVING THE
VACATION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE TOWN OF
FIRESTONE. Lynelle Meis seconds the motion. No discussion. Roll call was taken, motion
carried.
g. Bronze detail for Boardroom — The Administrator received a bid to fabricate the bronze detail for
the wall behind the Board dais. The bid also includes the building address on the outside of the
Town Hall and Flours of Operation painted on the front door. Mike Degge moved, Al Spinden
second to authorize an expenditure of $5,249.20 for the bronze detail and for $247.50 for the
address and hours of operation as bid by Shaw Sign & Awning, Inc. and to authorize the Mayor to
sign the contract. Roll call was taken, motion carried.
h. ADT Proposal —Trudy explained to the Board the need to change the security system. The company
that sold the initial system is now out of business. The existing system will not allow separate codes
for individual users in order to track building access. ADT came in and went through the existing
system and met with Trudy to ascertain the current needs. The proposal is for ADT to retain
ownership of the equipment and the Town to pay an annual service charge. Butch Walb moved, Al
Spinden seconded to accept the bid from ADT not to exceed $1,895.00 for the equipment and
$796.00 annual service charge and to allow the Mayor to execute any contract. Roll call was taken,
motion carried.
i. Hart Park Plan —Bruce Nickerson presented a detailed plan for Hart Park. Mr. Nickerson requested
the Board approve the plan to allow TST to prepare an overall grading plan in order to allow work
to begin on the park. Butch Walb moved, Marcia Modrell seconded to adopt the conceptual plan
for Hart Part. Roll call was taken, motion carried.
j. Kathleen Harrington presented to the Board the draft of the Annexation Agreement for the Owen's
property. Mr. Pruss with Coldwell Banker presented information to the Board on their application to
Weld County to develop their property which is in the Town's UGB. Lynelle Meis moved, Marcia
Modrell seconded, to approve the form of the annexation agreement and the Mayor to execute the
final agreement. Roll call was taken, motion carried.
k. Authorization for Debbie Pittman to sign on Court Account — Valley Bank requires authorization
from the Board for the Police Clerk to sign on the Town Court account. Mike Degge moved,
Lynelle Meis seconded to authorize the Mayor to sign the appropriate bank resolution. Roll call was
taken, motion carried.
1. Fiesta Day donation — The Town of Frederick has submitted a letter to the Town of Firestone
requesting a financial donation to support the Tri-Town Fiesta Days. The discussion was to
authorize the same amount that Frederick contributed to Firestone for last years Fiesta Days which
was nothing. Mike Degge moved, Dennis Bertron seconded to donate the same amount that
Frederick donated to us. Discussion occurred. Roll call was taken. Motion carried with Al Spinden
and Butch Walb voting No. Motion carried.
m. Weld County Noxious Weed spraying—The Administrator briefed the Board on the memo received
from the County on spraying the Town's Right — of— Ways. The Town Maintenance department
does not have the manpower or equipment in order to do this to the State standards. Staff
recommends the Board approves the agreement and authorize the Mayor to sign. Butch Walb
moved, Al Spinden seconded to authorize the Mayor to enter in to the agreement with Weld County.
Roll call was taken, motion carried.
Lynelle Meis moved to adjourn the meeting at 10:15 p.m.in READ AND APPROVED THIS 9Th DAY OF -)uczb , 200 .
QESTON
S
AL ; $ Mayor
•
.-ATTEST: Oz.
Cl/11e-r ()kJ.ecset/ _ r
Town Clerk
10/15/02 14:28 FAX 3032981827' L1ght,H EXHIBIT PAGES
LIGHT, HARRINGTON & DAWES, P.C.
Attorneys at Law
1512 Larimer Street, Suite 550
Denver, CO 80202
PHONE: (303) 298-1601 AL /S FAX: (303) 298-1627
� 1 . ./,
FAX TRANSMISSION
DATE: October 15,2002
CONTAINS COVER SHEET AND 2- PAGES
TO: Ed Pruss
Coldwell Banker
(303)449-6969
FROM: Samuel J. Light
ORIGINAL MAILED: YES NO xxx
SPECIAL NOTE: Please deliver to the above person upon receipt.
Mr. Pruss:
Following is a current draft of the agreement between the Town of Firestone and Mr. and Mrs. Owens.
Please let me know if you have any final comments. You will note that I added a sentence at the end of
Section 3 regarding potential zoning for equine use. It provides that the parties at the time of annexation
will consider a zone district that allows for continued horse uses.
Please also let me know where I should send the execution originals of the agreement for signature.
ATTENTION: This facsimile contains PRIVILEOED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s)named above. If you are not the
intended recipient of this facsimile,or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any dissemination or copying of
this facsimile is strictly prohibited. If you have received this facsimile in error,please immediately notify us by telephone(303)298-1601 and return the original facsimile to us
at the address listed above via the U.S.Postal Service. Thank you.
10/15/02 14:28 FAX 3032981827^ Light,Harrington &Dawes Qh002
DRAFT
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2002, by and between Don Owens and Linda Owens, hereinafter referred to as "Owner," and the
TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to
as"Firestone"or "Town".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County,
Colorado, with a street address of 8585 Weld County Road 22, Fort Lupton, Colorado, 80621, and
more particularly described and depicted on Exhibit"A" attached hereto and incorporated herein by
reference (such property is hereinafter referred to as "the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the Town, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono
and the Towns of Firestone and Frederick(the"ICPA");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 been approved with
conditions under Weld County Case No. S-521; and
WHEREAS, as a condition of any such approval, and pursuant to the ICPA, 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; 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 BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the Town. Except as expressly provided for herein to
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
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annexation and development contained in the Town of Firestone Municipal Code, Access Code,
Development Regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as
amended, C.R.S. §31-12-101 et seq. This Agreement shall not be construed to preclude further
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 Property to
the Town when requested in writing by the Town Board, so long as the Property is eligible for
annexation to the Town. The Owner will also sign an annexation petition, or a petition for
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 any
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 Town
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. {/
C' ,21-(84 r),Q,
4. Property to be Annexed. The Property the er shall annex to the Town pursuant
r c/fr 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
annexation of a portion of the Property, Owner hereby consents to the division of the Property for
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. Failure to Annex; Appointment of Attorney-in-Fact. 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 be
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,
even if within the four-year waiting period set forth in Paragraph 3. The Town may also require
annexation of the Property at any time in the event the Property is used for purposes other than a
large-lot residential subdivision as the same is approved by Weld County under Case No. S-521.
2
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6. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S.
§31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and
assigns to annex the Property to the Town under the terms hereof.
7. Annexation Documents. 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.
8. Plat Note. Owner shall include on any subdivision plat for the Property a note
stating 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. of
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"
9. 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.
10. 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 Town.
11. Covenants to Run with Land/Binding Effect. This Agreement and all covenants
herein touch and concern the real property described in Exhibit A and shall be covenants running
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 shall be
recorded with the County Clerk of Weld County, Colorado, at Owner's expense.
12. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town'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 Town and its inhabitants.
13. Severability. The parties agree that if any part, term, portion, or provision of this
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 parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term,portion, or provision held to be invalid.
3
10/15/02 14:28 FAX 3032981827 "-i." Light,Harrington &Dawes ^ a005
14. 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.
15. Amendment. This Agreement may be amended only by mutual agreement of the
Town and Owner. Such amendments shall be in writing, shall be 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.
16. Entire Agreement. This Agreement embodies the entire agreement of the parties.
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.
17. 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.
18. Amendments to 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 be
binding upon Owner.
19. Notice. 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 be 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.
4
10/15/02 14:29 FAX 3032981627— L1ght,Harrington &Dawes CJ006
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
20. 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.
21. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
TOWN OF FIRESTONE
DRAFT
By:
Michael P. Simone, Mayor
ATTEST:
Judy Hegwood,Town Clerk
5
10/15/02 14:29 FAX 3032981627-- L16ht,Harrington &Dawes — QD007
OWNER
DRAFT
Don Owens
DRAFT
Linda Owens
ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF )
The above and foregoing signatures of Don Owens and Linda Owens were
subscribed and sworn to before me this day of , 2002.
Witness my hand and official seal.
My commission expires on:
(SEAL)
6
10/15/02 14:29 FAX 3032981627.-. Light—Harrington &Dawes a 008
oq
Al
en, l -
13 os
Ty( /'
EXHIBIT A
\I
py, t . Legal Description
Lot B of Recorded Exemption 1311-09-4-RE1921, 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.
3. Annexation. ....
This agreement shall be expressly contingent upon the successful recording of the
final plat of the Gloraloma Estates Subdivision.
c
-17
l le' / �f �i-¢' Ye(/(S/c97 wo fir' / L 1c4) I.,c)r yLi
7
EXHIBIT // PAGES 7
•
Firestone
A Community
8•WN.1t In Motion
1908 r,
March March 17, 2003
Ed Pruss
Coldwell Banker
3300 28`1 Street
Boulder, CO 80301
Re: Gloraloma Estates Subdivision
Dear Mr. Pruss:
Last Thursday, the Firestone Board of Trustees continued discussion of your requested changes
to the draft Annexation Agreement between the Town and Mr. and Mrs. Owens. As your
changes were substantive, the Board intends to further review the matter in the near future. To
assist the staff and the current Town Board in understanding your proposed development in
relation to your proposed changes to the previously discussed annexation agreement, it would be
helpful if you could provide the Town with a set of current plans for the subdivision and a
written update on the status of the project.
The Town's position remains that this project must be addressed in a manner consistent with the
spirit and intent of the IGA, and we look forward to continuing to work with Mr. and Mrs.
Owens on this matter. Town staff would appreciate your providing the above referenced
information, as well as, any further comments on the Annexation Agreement at your first
convenience.
If you have any questions, please contact me.
ONAQ
Bruce Nickerson
Town Planner
cc: Cheri Andersen, Town Administrator
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
EJi''`IBIT /Li PAGES 1
runt i i ENGINEERING, INC.
Transmittal
808 th Street
Greeley, Colorado 80631
z 1�
Date � �/I-47 (> 3
No. of pages including cover sheet
Pickett Engineering Proj. No.
To: S From:
/
BHice iCGar✓ort
Phone#
Fax# Phone (970) 356-6362
cc: Fax (970) 356-6486
REMARKS:
El Urgent CI For your review El Reply ASAP CI Please comment
Ci Lev-4 / r L S `ICI,
ea)ctice-( °
K_e,r-t)-50. y M
q r'''7 21 6rpJ
EXHIBIT / 3 T PAGES /
Transmittal PICKE I I tNuiracmrcirly, 1
80808 8th`h Street Greeley, Colorado 80631
Date 6-6-03
No. of pages including cover sheet 26
Pickett Engineering Proj. No. 02-006
To: From:
Cheri Andersen R. Sean Phipps, El
Town Administrator Project Engineer
Town of Firestone, Colorado
Phone# 303-833-3291
Fax# 303-833-4863 Phone (970) 356-6362
cc: tat Pru.as Fax (970) 356-6486
REMARKS:
0 Urgent ® For your review 0 Reply ASAP ® Please comment
RE: Gloraloma Estates PUD
Ms. Andersen—
As requested by Ed Pruss, we are sending the Specific Development Guide for
Gloraloma, as drafted for the Change of Zone application to Weld County.
An original copy of this, with all pertinent exhibits, will follow by FedEx, and should arrive
in your office on Monday, June 9.
Please contact me with any questions.
• EXHIBIT /if h�ES / Page 1 of 1
Ed,
We did receive the information from Pickett Engineering. Bruce, Dave and Sam are currently reviewing the information. Due to the
lengthy agenda on Thursday, this will not get before the Board of Trustees until the June 26th meeting.
Chef i Andersen
Town Administrator
https://webmail.pas.earthlink.net/wam/wam?p=DownloadAttachment&Folderld=INBOX.Sent&MessageUL 6/11/2003
p E
PICKETT � V� PJC
ENGINEERING, INC. U4062,0- 46, ((
June 12, 2002 7/ a_
Coal Ridge Ditch Company
Route 2, Box 162
Fort Lupton,Colorado 81038
RE: Gloraloma Estates, PUD
Weld County, Colorado
PEI No. 02-006
To Whom It May Concern:
Pickett Engineering is working on the above-referenced development, and we will need
to contact your organization regarding various issues throughout the course of the design
and planning of this project.
We have been unable to locate a contact person for your company; could you supply us
with the name and number of someone with whom we could communicate via mail and
telephone?
Thank you very much for your assistance. Please do not hesitate to contact me with any
questions you may have.
Sincerely,
PICKETT ENGINEERING, INC.INC.
y- d GC/.atz
ess Wallace
Design Engineer
JW/pkg
808 8th Street -- Greeley, CO 80631
Phone (970) 356-6362 — Fax (970) 356-6486
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date: 6-18-03
RE# :
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497
1. Applicant Name Ed Pruss, Authorized Agent Phone 800-654-4788
Address c/o Coldwell Banker 3300 28th St. City Boulder State Co Zip 80301
2. Address or Location of Access West side of Weld County Road 19
Section 9 Township 2 NorthRange 67 West SubdivisionGloraloock n/a Lot n/a
Weld County Road #: 19 Side of Road West Distance from nearest intersection 1,000 f t
3. Is there an existing access(es)to the property? . Yes X No #of Accesses 2
4. Proposed Use:
® Permanent O Residential/Agricultural ❑ Industrial
O Temporary ® Subdivision ❑ Commercial ❑ Other
*********************************************************************************************************i*********************
5. Site Sketch
L
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil &Gas
D.R. = Ditch Road A
0 = House RES 1--
= Shed
c
NT
1,390
'V SITE
RES 1--Replaces existing AG entrance; RES 2--
Improved for residential use.
RES 2--Existing AG entrance relocated
300 ft south for improved sight
distance, per Weld County Public WCR 22
Works Dept; Improved for
re
sidential use.
***************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation Authorized l7 Information Insufficient
Reviewed By: Title:
-19-
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