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Home My WebLink About20042716.tiff STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe coo 7ivision of Water Resources Q/, W�, Department of Natural Resources rr 1313 Sherman Street, Room 818 •r »» ti Denver,Colorado 80203 Phone(303)866-3581 August 31, 2004 FAX(303) 866-3589 Bill Owens www.watecstate co.us Governor Sheri Russell George Lockman Executive Director Weld County Planning Dept Hal D.Simpson.PE. 1555 N 17th Ave. State Engineer Greeley, CO 80631 RE: Pelican Shores, PZ-1011 E1/2 of Section 36, T3N, R68W, 61h P.M. Water Division 1, Water District 5 Dear Sheri Lockman: We have reviewed the additional information for the above referenced proposal to subdivide a 240-acre parcel into 26 single-family residential lots. The proposed water source is the Central Weld Water District. A letter of commitment for service was provided from the District in the previous referral of July 24, 2002. The water supply information summary states that the proposal will require 7,800 gallons per day (8.7 acre-feet annually). Information submitted by the District shows that the District has approximately 5,787.3 acre-feet of secure water supplies for a dry year. Currently 5,457.2 acre- feet have been committed which includes this proposal. The lakes, which are a part of the proposed subdivision, appear to have been created during the mining process of the Bailey Pit, Division of Minerals and Geology number M1984099. Depletions to the South Platte River, which result from the lake evaporation, are currently covered under an augmentation agreement with Central Colorado Water Conservancy District and Groundwater Management Subdistrict of the Central Colorado Water Conservancy District ("Central"). According to the letter from the applicant, Central is responsible for assuring that evaporation depletions from the site will be replaced in the long term, as long as the agreement is in place. However, paragraph 14 of the augmentation agreement states "... in the event that, at any time in the future, the Division of Water Resources does not consider the depletions from the lakes to be created on the Property sufficiently augmented pursuant to this agreement and issues a cease and desist order, then this agreement shall, upon written notification of Owner to Central of the same, including a copy of said cease and desist order, be null and void, and all water rights which have been conveyed or assigned to Central shall be returned to Owner free and clear of any liens or encumbrances created by Central within a reasonable time." According to the letter from the applicant, under this situation, the Pelican Shores Homeowner's Association will ultimately be responsible for assuring that evaporation depletions from the site are being replaced. .v?&q- a-7/4: Sheri Lockman Page 2 August 31, 2004 Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with Central Weld Water District serving the proposal, the supply is expected to be adequate. However, the State Engineer's Office suggests that the County assure through plat notes, subdivision covenants, or other means, that the lot owners and Homeowner's Association are aware of the potential augmentation responsibility. If you have any questions in this matter, please contact Joanna Williams of this office. Sincerely, Kenneth W. Knox Chief Deputy State Engineer WHF/JMW CC: Jim Hall, Division 1 Office Water Supply Branch Subdivision File 47-10‘(14.-.):' Weld County Referral C. COLORADO July_28,-2004 The Weld County Department of Planning Services has received the following Item for review: Applicant Doug Tiefel/River Runs Case Number PF-1011 Through It, LLC-Pelican Shores Please Reply By August 24, 2004 Planner Sheri Lockman Project PUD Final Plan for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and tow private recreational lakes. Legal Part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 26 and west of and adjacent to CR 13 Parcel Number 1207 36 00059, 1207 36 100061, 1207 36100062 and 1207 36 400063 ....me-r _ ,,....i...•m�-+-m....-.... �x-...m-..a�..�...a..e...�..ev..a nmse..r -r �.a..- .T+...n.. ..�r...�..__m�.,..>.e. ............m r.r..er-6 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) We have reviewed the request and find that it4WS/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature j (j� �`` I /�_. __{ Date c3... —.&Lk Agency 111 754 !! •?Weld County Planning Dept. 4.918 W 10th,Greeley,CO.80631 +(970)353-6100 ext.3540 ?(970)304-6498 fax EXHIBIT pp. #lot) , MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County ilitiess� opdiriatftf t Committee was held on Thursday, September 9, at 10:00 a.m., in the Con rrenc Rom pfuttt el r ounty Planning Department at 918 10'" Street, Greeley, Colorado. Members Present: . Also Present: Jacqueline Hatch, Sheri Lockman, Don Carroll, Brent Shafranek, Doug Melby 1 00pB? CASE NUMBER: RS-1064 PLANNER: Jacqueline Hatch ' APPLICANT: Jason & Julie Rothe do Robert Thomas (ON LEGAL DESCRIPTION: Lots 6 & 7 JB Acres; Pt S2SW4 of Section 33, T6N, R66W LOCATION: Approximately'/:mile north of C Street and approximately 1/2 mile west of CR 31. For a more precise location, see legal. REQUEST: Redesign of JB Acres Jacqueline Hatch, Department of Planning Services, presented Case RS-1064. The applicant is reconfiguring the lot lines between Lot 7 (B) & Lot 6 (A). Don Carroll asked about acreage. Ms. Hatch indicated Lot 7 (B)will be 1.7 acres and Lot 6 (A)will be 3.6 acres. Mr. Carroll asked if there was a structure on Lot 7 (B). Ms. Hatch indicated there are existing homes on Lot 7 (B) & 6 (A) and Lot 7 (B) is on the west side. Mr. Carroll clarified that this is just a lot line adjustment. Mr. Carroll asked for history on the northern section of the parcel and is it attached to the new Lot 7 (B). Ms. Hatch indicated that when JB Acres was created there was a separate parcel that has always been sold with Lot 7 (B), the intent is to combine into one lot. JB Acres will be larger than originally designed. Mr. Melby asked if this would be part of Lot 6 (A)when done. Ms. Hatch indicated that was correct. Jason Rothe, applicant, provided clarification on the proposal. Mr. Carroll asked which parcel Mr. Rothe lived on. Mr. Rothe indicated Lot 6 (A). Ms. Hatch added that Mr. Rothe owns both parcels therefor there is no other land owner. There are two homes on two lots. Mr. Carroll if there would be a sign off from the existing utilities. Ms. Hatch stated it will be required prior to recording. Mr. Melby asked about the surrounding area. Ms. Hatch stated that to the south is the rest of the subdivision, east is agricultural properties, the north is the river and agricultural properties and to the west of these lots was agricultural properties. Don Carroll asked if there was any intent to bring any other utilities to either lots. Mr. Rothe indicated there was none. Mr. Carroll added that when JB Acres was platted there was no lot line utility easements. Most of the utilities come down the County right of way(66'"Ave)and split to parcels or along back lot lines. Mr. Rothe added the utilities come down the back lot lines. Don Carroll asked if the board feels there is a need for additional easements or are they comfortable with the existing. Mr. Melby would like to see the existing 5 foot easement increased on the east side. Mr. Carroll asked about the east-west line on the lower portion of Lot 7 (B) to gain inner connectivity between the right of way and to a utility easement to the west for future uses. Carroll asked if there would be any concern if the utility easement on the east sides of Lot 6 (A)were to be increased to 10 feet. Mr. Rothe indicated there is 5 feet on each side of the property line. Ms. Hatch added the original JB Acres plat does show 5 feet on both sides of the property line between Lot 6 (A) and Lot 5. Brent Shafranek added there should be a 5 foot easement on the east west property line of Lot 7 (B). Ms. Hatch added there was no utility easement on the Lot 8. Mr. Carroll stated there would need to be an easement in case a utility needs to cross the area and he would suggest 10 feet. Don Carroll indicated in summary the board is asking for 10 foot on east/west line on bottom of Lot 7 (B) to get inner connectivity. Mr. Carroll asked Mr. Rothe what the easement on the back property line would serve if any. Mr. Rothe stated it does not go anywhere, the north edge there is a County road. Mr. Carroll stated that the County still has right of way in the area. There is a City Water and Sewer line. Mr. Rothe added there is nothing there. Mr. Carroll asked if the board would like to see an easement on the northern parcel? Mr. Carroll added there is a county easement, the City does have water/sewer line utilizing the road right of way and the County would like to have 60 feet for prescriptive use. Mr. Rothe added there is a little garage at is dhlr3`?p(5rthcir1 u7 feet of the south east/west lot line on Lot 7 (B). The concern would be haven °a nor�coftforrpirQttr,ct . Ms. Hatch added there is a structure close to property line according to the a ,ia(r{ hotq Mit,Qa fol_ sl ± d where the building was located. Mr. Rothe stated it was in the southern portion of Lot 7 (B) is where structure is located. Mr. Carroll clarified that the existing structure would cause conflict with the request for a 10 feet easement. Mr. Rothe stated it is a little shed with a cement floor. Ms. Hatch stated staff would consider this a non conforming structured that could not be replaced in same location should something happen. Mr. Carroll stated that as long as the structure was there and being used it would be fine but cannot be replaced. Mr. Carroll would like to see this placed on the plat for future uses. Mr. Rothe stated that would be fine. Don Carroll suggested that instead of running the easement along the southern east/west property line of Lot 7 (B). They could propose a 10'easement between Lot 6 (A)and Lot 7 (B) being 5' on each side. Mr. Rothe stated that would work better since there are existing structures. Don Carroll is asking for a total of 10 feet. Mr. Rothe asked if this could be 5 feet on both sides. Mr. Carroll stated it could be shared. Don Carroll summarized that there will be a five foot lot line easement on either side of Lot 7 (B) and Lot 6 (A). Doug Melby moved to approve Case RS-1064 with the recommendations. Brent Shafranek seconded. Motion carried. CASE NUMBER: PF-1011 PLANNER: Sheri Lockman APPLICANT: Doug Tiefel/ River Runs Through It, LLC-Pelican Shores LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W LOCATION: North of and adjacent to CR 26 and west of and adjacent to CR 13. For a more precise location, see legal. REQUEST: PUD Final Plan for 40 lots with R-1 (Low Density Residential) Zone Uses along with 193 acres of open space consisting of a river corridor and tow private recreational lakes Sheri Lockman, Department of Planning Services, presented Case PF-1011. Ms. Lockman gave a brief summary of the case. The exclusive utility agreement with Little Thompson has changed. Doug Tiefel, developer, indicated this request applies to the north portion. There is a 60 foot right of way and the anticipation was the south side of the right of way would have a 30 foot utility easement. Little Thompson has altered their plan and have decided it would be better to have the water line in the road and the services will extend onto each lot from the right of way. Therefor, the 30 foot easement is no longer needed he is requesting to change it to 15 feet. The 15 feet will contain electric, gas and phone. Mr. Tiefel added St. Vrain has their line in place on the south side of the lots with an exclusive easement. With the easement being 15 feet the owners can landscape closer to road. Mr. Carroll asked if they were putting the valve boxes in the easements and not in the road? Mr. Tiefel stated they would be in the road under asphalt, the service lines with the stubs will be onto the lot outside the easement. Mr. Carroll asked about the turn off valves for the water systems? Mr. Tiefel stated the valve boxes will be in the road like the southern portion. Mr. Carroll asked if this will be a County maintained road? Mr. Tiefel stated it will be private but paved. Mr. Tiefel added both water district wants the valve boxes in the asphalt, the meter pits will be on the lots. Board no concerns. Don Carroll added to be sure to have good compaction around the valve boxes. Brent Shafranek moved to accept 15 foot easement instead of 30 foot. Doug Melby seconded. Motion carried. Respectfully submitted, Voneen Macklin Secretary Recommended changes: Prior to recording the plat-1.E.: The covenants for Pelican Shores shall be amended to include the following notice: The Pelican Shores Homeowner's Association could be held responsible for assuring that evaporation depletions from the site are being replaced. If, at any time in the future, the Division of Water Resources does not consider the depletions from the lakes to be created on the property sufficiently augmented pursuant to the agreement with the Central Colorado Water Conservancy District and issues a cease and desist order, then this agreement shall, upon written notification of Owner to Central Colorado Water Conservancy District of the same, including a copy of said cease and desist order, be null and void, and all water rights which have been conveyed or assigned to Central Colorado Water Conservancy District shall be returned to Owner free and clear of any liens or encumbrances created by Central Colorado Water Conservancy District within a reasonable time. Note on the plat—2.H: The Pelican Shores Homeowner's Association could be held responsible for assuring that evaporation depletions from the site are being replaced. If, at any time in the future, the Division of Water Resources does not consider the depletions from the lakes to be created on the property sufficiently augmented pursuant to the agreement with the Central Colorado Water Conservancy District and issues a cease and desist order, then this agreement shall, upon written notification of Owner to Central Colorado Water Conservancy District of the same, including a copy of said cease and desist order, be null and void, and all water rights which have been conveyed or assigned to Central Colorado Water Conservancy District shall be returned to Owner free and clear of any liens or encumbrances created by Central Colorado Water Conservancy District within a reasonable time. Prior to recording the plat--1.F: The applicant shall indicate the location of any existing lateral ditch. Notes on the plat-- 2.1 and 2.,1: Access shall be granted onto the property for the explicit purpose of cleaning and maintaining existing lateral ditches as indicated on the plat. Construction on any ditch which carries water to surrounding properties shall be done so that the delivery of water is not impaired. EXHIBIT PP loll Hello