HomeMy WebLinkAbout20042597.tiff gg -
C` ` Todd Hodges Design, LL
Minor Subdivision
Change of Zone Application
Owl Creek Estates
(Specific Development Guide)
Prepared for:
Olando LLC
do Ed Orr and Tammy Ellerman
826 9th Street
Greeley, CO 80631
Prepared by:
Todd bodges Design, LLC
1269 North Cleveland Avenue
Loveland, CO 80537
EXHIBIT
Submitted: I
May 26, 2004
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • far: (970) 613-8775
email: toddhodgesdesign(ctearthlink.net
2004-2597
Todd Hodges Design, LLC
Table of Contents
Minor Subdivision Change of Zone Application
Owl Creek Estates
I . Application Form
2. Authorization Forms
3. Specific Development Guide
4. Weld County Road Access Information Form
5. School District Correspondence
G. Fire Protection District Correspondence
7. CDOT Correspondence
8. Petroleum Development Corporation Correspondence
9. Soils Report and Narratives
10. FEMA FIRM Map
I 1 . Mineral Affidavit
12. Surrounding Property Owners List
13. Evidence of Adectuate Water Supply and County Approval
14. Treasurer Tax Statement
15. Deed
I G. Change of Zone Plat Map, attached
a. Vicinity and Land Use Map
b. Reduced Copy in 8- 1 /2 x I I inch format
c. Electronic Copy of the Proposed Change of Zone Plat
17. Preliminary Geotechnical Engineering Report
18. Preliminary Drainage Report, attached
19. Preliminary Road Plans, attached
20. Preliminary Erosion Control Plans, attached
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775
entail: toddhodgesdesign learthlink.net
MINOR SUBDIVISION CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0801 16 000070
(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 tots being included in the application area,If additional space is required,attach an additional sheet)
Legal Description Lot B. RE-2016:Pt.SE4 ,Section 16 ,Township 06 North, Range 64 West
Property Address(If Applicable) NA
Existing Zone District:AG Proposed Zone District: Estate Total Acreage:73.26 Proposed It/Lots 9
Average Lot Size: 8.11 acres Minimum Lot Size:5.14 acres Proposed Subdivision Name:Owl Creek Estates
FEE OWNER(S)OF THE PROPERTY(if additional space is required,attach an additional sheet)
Name:Olando Ltd.Liability Company
Work Phone#353-8777 Home Phone#NA Email Address NA
Address: 826 a Street
City/State/Zip Code Greeley.CO 80631
APPLICANT OR AUTHORIZED AGENT(see Below:Authorization must accompany appications signed by Authorized Agent)
Name: Todd Hodges Design. LLC
Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: ToddHodgesagwest.net
Address: 1269 North Cleveland Avenue
City/State/Zip: Loveland.CO 80537
UTILITIES: Water: North Weld County Water District
Sewer: Individual Sewage Disoosal Systems
Gas: pvine
Electric: 1-i'rxx
Phone: Qwest
DISTRICTS: School: RE-7. Platte Valley in Kersey
Fire: Galeton Fire Proection District
Post: Gill
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 corporation.
SerhtvA&r *V\9,12,1‘no.4-49J2-Lic-ci
Signature: ehorized Agent to
�-. Olando Limited Liability Company
c/o Ed Orr and Tammy Ellerman
826 9th Street
Greeley, CO 80631
To Whom It May Concern:
Please be advised that We, Ed On, CEO and President, and Tammy Ellerman, Olando
Limited Liability Company, hereby authorize Todd Hodges Design, LI,C, to represent us
in our endeavor to subdivide our land, Lot B RE-2016, located in the SE4 16-06-64 West
of the 6th P.M., Weld County, Colorado.
E On date
Tammy Ellermafi date
cc) O
r *
STATE ,8 t RADO '.
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, Secretary of State of the State of Colorado,
hereby certify that, according to the records of this office,
OLANDO LTD.LIABILITY CO.
(Colorado LIMITED LIABILITY COMPANY )
File# 1993 1061027
was filed in this office on June 11, 1993 and has complied with the applicable provisions
of the laws of the State of Colorado and on this date is in good standing and authorized and
competent to transact business or to conduct its affairs within this state.
Dated: July 17, 2003
For Validation:
Certificate ID: 688267
To validate this certificate,visit the following
web site,enter this certificate ID,then follow the
instructions displayed.
www.sos.state.co.usNalidateCertificate
a SECRETARY OF STATE
r V V STATEMENT OF AUTHOR'.
I. This Statement of Authority relates to an entity named olando Ltd. Liability•Co., '8 Colorado limited
liability company
2. The type if entity is a
❑ corporation O registered limited liability limited partnership
❑ nonprofit corporation O limited partnership association
El limited liability company O unincorporated nonprofit association
❑ general partnership O government or governmental subdivision or agency
❑ limited partnership O business trust
❑ registered limited liability partnership O trust
O
3. The entity is formed under the laws of Colorado
4.- The mailing address for the entity is 826 9th street Plaza, Greeley, Co 80631_
5. The Q name, or O position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is Ed Orr. Manager
(Optional)The authority of the foregoing person(s) to bind the entity is O not limited O limited as follows:
7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 33-
30-172, C.R.S.
Executed this 1st day of way 3003 .
•
Name Ed Orr, Manager
(type or print)
State of Colorado
) ss.
County of weld
the foregoing instrument was aC•�•.•�••p••Y•^ri•%before me this 1st day of May 2003
by Ed Orr as manager o. =•ly> to- (fly'••' ii-v Co n Cn ^-,,r 1dm -et Iii-ility company
r
lYmess my hand and official •!al. DARELLA L. '.. t/.,I / fit
My commission expires: '<z>
I Jl. ttthE F...... Notary Public
O
Sheri Lockman
To: Anne Johnson @ Todd Hodges Design, LLC
Subject: RE:
Anne, I wanted to clarify that this will not affect property owners ability to obtain accessory structures allowed in
the Estate Zone District. The issue is only regarding accessory residential structures which are-not allowed in the
Estate Zone District. I will include this e-mail in the case file.
From: Anne Johnson @ Todd Hodges Design, LLC [mailto:annejohnson@gwest.net]
Sent: Wednesday, July 21, 2004 3:23 PM
To: Sheri Lockman
Subject: Re:
Sheri,
From one thing to the next.
Tammy Ellerman is to send a fax today indicating principal dwellings only, accessory non-residential structures
are ok. No accessory residential structures.
Did you get fax?
Anne Best Johnson,AICP
Todd Hodges Design, LLC
970-613-8556
fax: 970-613-8775
This message and the attached documents are for the
sole use of the intended recipient and may contain
confidential and privileged information. Any unauthorized
review, use, dissemination, copying, or distribution is
prohibited. If you are not the intended recipient, please
contact the sender by reply email or by telephone
(970-613-8556) and destroy all copies of the original
message. Thank you.
----Original Message
From: Sheri Lockman
To: Anne Johnson @ Todd Hodges Design, LLC
Sent: Wednesday, July 21, 2004 11:32 AM
Page one of Owl Creek Estates Questionnaire mentions accessory residential structures. This is not allowed in
the Estate Zone District. Could you please let me know if this was a typographical error left from the previous -
PUD change of zone request or if the applicants are requesting more than one single family residence per lot.
Thank you Anne.
07/21/2004
07/21/2004 13: 38 9703517851 PAGE 01
.� .-.
ORR LAND COMPANY
TAMMY ELLERMAN
826 9TH STREET
GREELEY , COLORADO 80631
970 - 351 - 8777
FAX : 970 - 351 - 7851
/ ��FA�CSIMILE TRANSMITTAL SHEET
To:� /1,. ����tiAli '�J FROM:
�/�L��� Tammy Euemxan
COMPANY: DATE:
Orr Land Company 07/06/2004
FAX NUMBER: TOTAL NO,OF PAGES INCLUDING COVER
SO V— Go V9,8
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
970-539-8778 cell
RE. YOUR REFERENCE NUMBER:
G)/ C
❑ URGENT O FOR REVIEW O PLEASE COMMENT X PLEASE REPLY -❑ PLEASE RECYCLE
NOTES/COO/MMENTS:
AdCG Lla VOLC it"dal/ 71-41 j/7
after 9/WhilitiO Ib/ /x-c 1-4) ' Sk
97o -fl9-e»?
07/21/2004 13:38 9703517851 PAGE 02
Olando Ltd. Liability Co.
826 9`" Street
Greeley, CO 80631
Department of Planning Services
Attn: Ms. Sheri Lockman
1555 N 17th Avenue
Greeley, CO 80631
July 21, 2004
To Whom It May Concern:
Be it known that Olando Ltd. Liability Company is withdrawing the residential
accessory structure portion the application for the Owl Creek minor subdivision.
Case number MZ-547.
Respectfully,
Tammy Ellerman
-- Owl Creek Estates Minor Subdivision
Questionnaire
Introduction
The Owl Creek Estates Minor Subdivision proposes a non-urban residential subdivision, as
defined by Section 24-1-40 of the Weld County Code. This subdivision is located north of and
adjacent to State Highway 392 and approximately 'A mile west of Weld County Road 55.
According to maps recognized by the Weld County Department of Planning Services, the site is
not located in an overlay district.
The general concept of the development is to create a non-urban scale minor subdivision that
provides for single-family residential and agricultural uses. The Owl Creek Estates Minor
Subdivision consists of nine single-family estate lots in sizes ranging from 5.14 to 15.27 acres in
size as follows in the table below.
Lot Number Size in Acres
1 11.56
2 5.80
3 5.14
4 5.85
5 15.27
6 6.73
7 6.51
8 7.21
9 8.95
The proposed Estate zoning meets the density requirements of Section 24-1-40 of the Weld
County Code and the Weld County Department of Public Health and Environment. Uses on
each lot will meet the requirements of the Estate zone district as outlined in Section 24-3-400 of
the Weld County Code. Industrial uses and open storage areas are not proposed in this
application.
The arrangement of the lots has been made in accordance with existing site features and
surrounding property uses. The specific architectural styles of the principal and accessory
residential structures will be selected by the individual lot owners within standard limitations
outlined in the covenants. The development of the site will be compatible with the architectural
style of the surrounding land-uses and with the overall character of the area. A.Goal 3, Chapter
22 of the Weld County Code states, "Discourage urban-scale residential, commercial and
industrial development which is not located adjacent to existing incorporated municipalities."
This proposal is for a non-urban minor subdivision.
Any landscaping improvements within this development will be the decision of each lot owner as
common open space is not a requirement for a Minor Subdivision. All species selected should
be drought tolerant and suitable to the site's climate and soil types.
1
Entry improvements will be planted in drought-tolerant grasses and will be maintained by the
Home Owners Association.
An on-site improvements agreement will be submitted with the Final Plat application. Future
Covenants shall endorse WA.Goal 1 and WA.Policy 1. Both discuss the importance of
conserving water and using native plant material and utilizing water conservation techniques. To
the applicant's knowledge, endangered species do not exist on site.
The irrigation water which has been associated with the property for the past several years is not
adequate for a viable farming operation.
Referral Agency Cooperation and Responses
Pre-application meetings have resulted in support from the Colorado Department of
Transportation, Galeton Fire Protection District, the North Weld County Water District and the
Kersey School district. Copies of past correspondence with such referral agencies are included
in this Change of Zone application.
During the Substantial Change application process, several referral agencies were provided the
opportunity to respond. The following narrative provides comments regarding responses made:
Weld County Department of Public Health and Environment referral dated October 10. 2003
The allowance for animal units shall not exceed what is permitted through the Estate Zone
District. Animal Units shall be specified in the Covenants to be submitted with the Final Plat
application.
Septic systems shall be designed, installed and inspected to meet current Weld County standards
with site-specific needs taken into consideration.
Primary and Secondary septic envelopes have been noted on this proposed Change of Zone plat.
Platte Valley School District referral dated September 9. 2003
The applicant has been and will continue to be in close contact with the Platte Valley School
District regarding their need for safe transportation of children and the cash-in-lieu of land
dedication requirement.
Weld County Department of Public Works referral dated September 29, 2003
The applicant has coordinated with CDOT regarding right-of-way and access requirements. An
access permit is enclosed with this application. Right-of-way is illustrated on the plat.
Internal roadways, sight-distance-triangles, cross sections, pavement design, roadway and
grading plans, construction details, easements and the public improvements agreement regarding
collateral shall be submitted at the appropriate time in the application process, as indicated by
Weld County Public Works.
The notes regarding a final drainage report shall be provided to the Engineer.
2
Weld County Sheriff's Department referral dated September 12, 2003
Correspondence with the School District will finalize placement of on-site amenities, if any, for
school children.
The internal road name, Owl Creek Lane, is noted on the enclosed plat. The internal paved road
shall be maintained for one year and dedicated to the County at the Department of Public Works
approval.
A permanent sign as well as appropriate signage shall be further developed at the Final Plat
application stage.
Existing oil and gas facilities will be protected with the county-prescribed setbacks. Proposed
sites will be protected with county-prescribed setbacks.
The Weld County Sheriff's Department will be provided with a contact person's name, address
and telephone number for the Home Owner's Association.
West Greeley Soil Conservation District referral dated September 11, 2003
The soil classifications and information obtained in this referral will be utilized to best manage
soils on-site.
Weld County Building Inspection Division referral dated September 12, 2003
Comments made in this referral will be utilized with construction commencement.
Weld County Zoning Compliance Officer referral dated September 10, 2003
No additional information is required.
3
The following information is being submitted in conformance with Section 24-3-20 and Section
23-2-50 of the Weld County Code.
23-2-50.E.3 How is the proposed rezoning consistent with the policies of the Weld County
Code, Chapter 22 and any other applicable code provision or ordinance in effect.
Section 22-2-60 of the Weld County Code specifies Agricultural goals and policies for
unincorporated Weld County. Section 22-2-60.D1 is A.Policy 4.1 as follows, "Applications for
the division of land which is zoned agricultural to non-urban uses shall be reviewed in
accordance with all potential impacts to the surrounding properties and referral agencies. The
criterion shall include, but not be limited to:
a. 22-2-60.D.1.a Soil Classifications
b. 22-2-60.D.1 .b Availability, location and accessibility to existing
infrastructure and utilities.
c. 22-2-60.D.1.c Ensure safe and adequate access onto County roads or State
highways.
d. 22-2-60.D.1.d The level of development associated with the site.
e. 22-2-60.D.1.e Consideration of existing improvements or structures.
f. 22-2-60.D.1.f The impacts on services such as fire protection, law
enforcement, school districts, etc."
The applicant has taken into consideration the impact to the land when making the decision to
subdivide his property. The Geologic Report findings will be used for septic and home
construction activities. The availability and cost associated with service extension was
considered throughout this process. The applicant has been in communication with the Colorado
Department of Transportation, Galeton Fire Protection District, the North Weld County Water
District and the Kersey School district to ensure adequate services can be provided to this site.
This is a Minor Subdivision application proposing nine lots on 75.34 +1- acres, an overall density
of one residential lot per 8.4 acres. This low density development will not place a burden on the
land. The applicant has met conditions of various referral agencies and service providers as
evidenced on previous pages of this application packet. Applicable letters of support and
evidence is included herein.
22-2-60.J, A.Goal 10 states, "Promote a quality environment which is free of unsightly materials,
including but not limited to, derelict vehicles, refuse and litter." This subdivision will be
governed by a Home Owner's Association and restrictive Covenants, both of which are due for
review by the County at the time of Final Plat.
23-2-50.E.4 A statement which demonstrates how the proposed rezoning will correct what
the applicant perceives as faulty zoning, or that demonstrates how the proposed rezoning
will fit with what the applicant perceives as the changing conditions in the area.
Changing conditions in the area include land subdivision through the Recorded Exemption
process. The lot sizes within this application are consistent with those of surrounding properties.
4
23-2-50.E.5 How will the uses allowed by the proposed rezoning be compatible with the
surrounding land uses? Include a description of existing land uses for all properties
adjacent to the subject property.
The proposed Estate zoning meets the density requirements of Estate Zone District, Section 23-
3-400 of the Weld County Code. Uses on each lot will meet the requirements of the Estate zone
district as outlined in Section 24-3-400 of the Weld County Code. Industrial uses and open
storage areas are not proposed in this application.
The arrangement of the lots has been made in accordance with existing site features and
surrounding property uses. The specific architectural styles of the principal and accessory
residential structures will be selected by the individual lot owners within standard limitations
outlined in the covenants. The development of the site will be compatible with the architectural
style of the surrounding land-uses and with the overall character of the area.
Surrounding land uses include agricultural uses. Surrounding properties within a five hundred
(500) foot radius were all created through the Recorded Exemption process. Lot sizes range
from 1.5 acres to nearly 106 acres. The size of the proposed parcels are harmonious with the
existing adjacent properties.
23-2-50.E.6 Statements from public water and sever utilities which indicate that they are
able to provide service for the site. If public utilities are not to be used, the applicant shall
submit information which documents the availability of water and suitability of the site for
the sewage disposal system chosen by the applicant. The evidence shall document the
adequacy of the proposed utility service for the uses permitted in the proposed zone
district.
Individual septic systems will serve each lot. The lots are designed to meet the density
requirements of Section 24-1-40 of the Weld County Code and the Weld County Department of
Public Health and Environment. Septic permits will be applied for with each building permit on
the site. The individual lot owners will be responsible for obtaining septic permits and for the
construction of the individual systems.
The potable water source for this development will be provided by the North Weld County
Water District. A Water Service Agreement from this water district is included with application
materials indicating availability and intent to serve this development proposal. Approval of the
form of commitment has been obtained from the County Attorney's Office. Evidence has been
submitted with this application.
23-2-501.7 A soil survey and study of the site proposed for the Change of Zone with a
statement of the suitability of soils to support all uses allowed in the proposed zone. If the
soils survey and study indicates soils which present moderate or severe limitations to the
construction of structures or facilities on the site, the applicant shall submit information
which demonstrates that the limitations can be overcome.
An updated Geologic Report (May 21, 2004) has been included in the Change of Zone
application. Additional information from the Soil Conservation Service is included with this
application.
5
23-2-501.8 If street or highway facilities which provide access to the property are not
adequate to meet the requirements of the proposed zone district, the applicant shall supply
information which demonstrates willingness and financial capability to upgrade the street
or highway facilities in conformance with the Thoroughfare Plan and thereby meet the
requirements of Section 23-2-40.B.4 of this Chapter. This shall be shown by an
improvements agreement or contract guaranteeing installation of improvements by the
applicant made in conformance with the County policy on collateral for improvements.
The vehicular circulation system is proposed to be paved. The width, depth of the roadway, and
the radius of the cul-de-sac will be designed to meet regulations and standards of the Weld
County Department of Public Works. The primary access to the subdivision is from State
Highway 392. An access permit from CDOT has been obtained and submitted herein. Loading
zones are not proposed as the use will be residential and agricultural in nature. Additionally, no
off-street parking areas have been depicted as the ample lot sizes will adequately accommodate
residential needs. Any unforeseen traffic impacts resulting from the review of this proposal by
the Weld County Public Works Department will be addressed in future application submittals.
23-2-501.9 If, according to maps and other information available to the County, the
Department of Planning Services determines that there appears to be a sand, gravel, or
other mineral resource on or under the subject property, the applicant shall provide a
mineral resource statement prepared by a certified geologist or other qualified expert. The
statement shall indicate the estimated quantity of resources and indicate the economic
feasibility of recovery, now and in the future, of the resources so that the Planning
Commission and Board of County Commissioners can determine whether a Commercial
Mineral Deposit is contained on or under the subject properties.
This is not applicable. A map titled, Weld County Sand, Gravel Resources and dated July 1,
1975 confirms this property does not contain sand and gravel resources.
23-2-501.10 If the proposed Change of Zone is located within an Overlay District
identified by maps officially adopted by the County,the applicat shall submit information
which either documents how the County regulations concerning Overlay Districts have
been satisfied or documents how the applicant intends of meet the requirements of the
County regulations concerning Overlay Districts. Application materials highlight this
property in relationship to the flood plain.
This Particular property is not affected by the flood plain. This particular property is not located
in a Geologic Hazard Overlay District, per maps on file with the Department of Planning
Services. This particular property is not located in the Greeley/Weld County Airport Overlay
District per Maps on file with Weld County Planning Services.
23-2-501.11 Applications for a Change of Zone located in the Mixed Use Development
Area shall adhere to any and all applicable regulations in Chapter 19 and any other
applicable County ordinances as amended.
This application is not located in the I-25 Mixed Use Development area. Chapter 19 was
consulted in preparing this application.
6
latte 9)alle y &5chool
WELD COUNTY DISTRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-8500- FAX 070/336-85 I I
E.GLENN McCLAIN,SUPERIMENDEt tT
June 2,2003
Olando L.L.C.
Ed On
826 9th Street
Greeley,Co 80631
RE: Owl Creek Estates—9 lots
Thank you for your submitting your proposal to the district as you work on the subdivision on Highway
392. Communication helps eliminate any questions before they become problems.
At the present time,for this development,we would request that a minimum of a 100 foot turn around point
as near to Highway 392 be included in driveway plans. This is necessary to safely pickup and drop off
passengers in this area without backing up or stopping the bus on the Highway during inclement weather
conditions. There is no door-to-door service for subdivisions and this area is to be maintained by the
subdivision property owners in all weather conditions. We would ask that you provide a safe place off of
Highway 392 that would be safe for all students while waiting for the bus. The bus will approach the stop
from either the east or west depending on AM or PM routes.
Also,as you begin the formal application you will need to consider the land dedication/cash-in-lieu
agreement that we have with the country that requires each new residential property to pay the district
$750.00. Enclosed you will find the board resolution and policy.
We wish you the best in getting this subdivision off the ground and again we appreciate your
thoughtfulness talking about your concerns before they become a problem.
Please keep in touch with John and myself if we can be of help.
Sincerely,
(71
Glenn McClain
Superintendent
•
L `�,,. �Jl Cl.
mil•?./. /.- -.:JJ.. I'.1......�:.. ... ��� 7/
•'vrR.)�)T .�'
RESOLUTION
OF TILE
IIOARD OF EDUCATION
OF
PLATTE VALLEYSCHOOL DISTRICT
RE-7
WHEREAS,growth in residential land development and the construction of new
residential dwellings within the boundaries of the Weld County School District
7(the
"District")necessitates the acquisition of additional public the corresponding increases in student populations;and school sites to accommodate
WHEREAS, requiring/land dedications forpublic school sites, or payments in
lieu of land dedications will provide a portion of the land to meet such demand;and
WHEREAS,planning departments within the various local governments that have
territory within the District nhntincly rr.frr appliudiutr5 relating to now development for
review and comments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments are encouraged and authorized to coo
other units of government,pursuant to Section 29-20_105,C.RS,,for thepurpose
planning or regulating cooperate with
gu g the development of land,including, but not limited to, te joint
exercise of planning,zoning,subdivision, building,and related regulations; and
WHEREAS,in an effort to promote further cooperation between the District and
other local governments in-connection with the issuance of residential land development
approvals, and in the mitigation of the impacts of such residential land development
approvals on the District's ability to provide adequate school,the District has determined
to adopt a uniform policy with respect to its recommendations to such local governments
in the referral process; and
WHEREAS, the District has determined that the mitigation of the impacts of such
residential land development approvals should occur through the dedication of land for
school sites,or the payment of funds in lieu of such dedication;and
WHEREAS, the policy set forth within constitute:,a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost ofpuhlic school sites acquisition necessary to
accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units;
NOW. WHEREFORE,the Board of Education of Weld County School District
RE-7 hereby results as follows:
I. Cooncrntion with Local Governments Encouran d
to provide adequate educational or l ability of the District
upon,among other matters, the availability of adequaste landent,or nithe alternativeation IS d he
availability of funds to purchase a% late land. Since the approval of residential land
development applications by local :emments with territory within the boundaries of
'the District substantially impacts the District's ability to MCC(its obligations to the public,
the District shall encourage and request that such local government entities refer to the
District all residential land development applications for review and comments
concerning the adequacy of public school sites and facilities. Further,the District shall
encourage and request that such local government entities consider the District's.
comments in conjunction with the review and processing of each individual residential
development application,and cooperate with the District in regard to the mitigation
measures established in this Resolution. The District shall promptly review the referred
development application and promptly submit its comments,recommendations and
requests consistent with the policy set forth in this Resolution,to the appropriate local
government.
2. Land Dedication Re rwrements. In connection with any pending or new
application for residential land development to any local government with territory within
the boundaries of the District, the District shall recommend and request that the following
land dedication standards be imposed by such local government as a condition of
development approval,except to the extent that the District,through its Superintendent or
designee,has determined that the best interests of the District would be served-by the
payment of the fees set forth in paragraph 3 hereof,in lieu of such land dedication. Land
shall be dedicated to the District in an amount equal to the greater of:(a) 10 percent of
the total size of the approved development,or
(b)calculated at the rate of two acres every 1,000 new residents reasonably projected by the development.
District for the developmen for
3_ Fees in Lieu of Dedication. In the event the District,through its
Superintendent or designee,determines that dedication of land is not in the best interests
of the District, the District shall recommend and request that the following fccs be paid in
lieu of such land dedication,as a condition of approval of the development application by
the local government The fccs shall be calculated as follows: (a)S750 for each new
single-family residence;(b)5585 for each unit in a duplex or triplex;and(c)$420 for
each unit in a multi-family structure other duplexes or triplexes_
4. In-Kind Contributions. The District shall be authorized to accept in-kind
contribution::in satisfaction,of the requirements set forth in either paragraph 2 or 3
hereof,provided that such in-kind contributions represent a fair equivalent in terms of the
value which would otherwise be realized under the policy set forth in such paragraphs.
5. Land Dedication Procedures. In the event that the District determines that land
should he dedicated to the District, the District shall recommend and request that before
recording the final plat for any development,that the local government require proof that
the property owner has conveyed title to the District by general warranty decd. free and
clear of all liens,encumbrances and exceptions(except those approved in writing by the
2
District), including, without limitation,real property taxes, which shall be
date of the cony prorated to the
conveyance. The property owner shall also provide a title insurance
commitment and policy in an amount equal to the fair market value of.the dedicated
property
6. Fees in Lieu of Dedication Procedures. In the event that tho District
determines that fees should be paid in fit euvfdedication of land,the District shall
recommend and request that before recording the final plat for any development, that the
local government require proof that the property owner has either paid in full to the
District the applicable fee based on the total number of residential units proposed for the
development, or alternatively,that an agreement has ken signed between the District and
a party in interest acceptable to the District which provides for ameans of payment of
such fees uponsuch terms and conditions as the parties may mutually agree upon. It
shall be an acceptable method of payment,for purposes 61 such agreements,for the fees
to be paid as building permits are issued_
6. Exemptions. The District has determined that the following types of
residential development do not have an adverse effect on the District's ability to provide
adequate educational facilities;accordingly they are exempt from land dedication
requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or
replacement of a residential dwelling unit not exceeding an increase of 1000 square feet
over the existing dwelling;(b)assisted living facilities for the elderly;(c)construction of
any building or structure intended for and used for limited terms stays,including by way
of example and not by way of limitation,bed and breakfasts,hotels, family-care or
group-care homes,boarding or rooming houses,nursing homes,hotels,motels or
hospices; (d)construction of any non-tesidentialbuilding or structure;and(e)
construction of-any residential building or structure classified as housing for older
persons, pursuant to the Federal Fair Housing Act then in effect
7. Use o f Funds. The District shall bold or deposit in trust for public school sites
all lands or funds it receives in connection with the application of the policy set forth in
this Resolution. With respect to hinds received,the District shall use such funds solely
for acquisition, development,or expansion of public school sites or for capital facilities
planning,sites acquisition,or capital outlay purposes. The timing,nature,method and
extent of such planning,acquisition,development or outlay shall be at the discretion of
the District.
8. acsccoir tiny for Dedications or Fecs. The District shall cause to be included
within its annual audit a sunuuary and description of the status of receipts of land or fees
in lieu of land dedication,so that fall disclosure of the District's activities with respect to
such receipts may be made public.
9. Further Actions. The District hereby authorizes its Superintendent, and such
other employees,agents or consultants of the District as the Superintendent shall so
designate, to proceed to'bontact local government entities with territory located within the
boundaries of the District in order to infomt such entities of the District's adopted policy.
1
.r.
„^ I'Ut tite t, in order to ensUrC the long-tern inregri ly of the policy sct forth in this
Resolution, such panics arc authorized to proceed to negotiations with such entities
directed towards achieving a formal written agreement with respect to the cooperation
between such local govcnuncnts and the District
ADOPTED THIS 13 DAY OFt:fa rat: 2000.
PLATTE VALLEY SCHOOL DISTRICT
WELD COUNTY RE-7
By: President Board of Education
ATTEST
9,2r, Vpdzeiaz-
By: Secretary, Board of Education
4
^Th
T as.`
GALETON VOLUNTEER
ESL
Olando LLC
Tammy Ellerman
826 91h Street
Greeley, CO 80631
Dear Tammy,
We have reviewed the map for the proposed 9 lot minor subdivision. We feel that two 6"fire hydrants
would be sufficient to provide adequate fire suppression for the 9 lot subdivision. We would like one
hydrant to be placed at the entrance of the subdivision,and be easily accessed from State Highway 392.
The second to be located at the north end of the access road also made to be easily accessed. We have
marked these two locations on the map that you provided for us. If you have additional questions,please
feel free to call me at 970-302-8923.
Sincerely, 1/4
`,
Clint J.Heidenreich `
Galeton Fire Chief
P.O. BOX 697 Galeton, Colorado 80622
HMW II - TIM MCCANN (970) 350-2147
PERMIT #403050
YOUR ACCESS INSPECTOR IS TIM
MCCANN.
YOU MUST CONTACT THE INSPECTOR AT
LEAST 2 WORKING DAYS PRIOR TO ANY
ACCESS IMPROVEMENTS OR
CONSTRUCTION OF ANY KIND WITHIN
THE STATE HIGHWAY RIGHT-OF-WAY.
ALL ACCESS ACTIVITY WITHIN THE
RIGHT-OF-WAY MUST BE COMPLETED IN
45 DAYS ONCE WORK BEGINS.
UPON COMPLETION OF ALL PERMIT
REQUIREMENTS, YOU SHALL REQUEST A
FINAL INSPECTION BY THE INSPECTOR
OR THEIR REPRESENTATIVE.
Permit No.
COLORADO DEPARTMEI.i OF TRANSPORTATION T
403050
SH/S/MP
STATE HIGHWAY ACCESS CODE
392B/023.490/L,
NOTICE TO PROCEED Local Jurisdiction
Weld County
Permittee(s): Applicant;
Olando, LLC Ed On
826 9th Street 826 9th Street
Greeley, CO 80631 Greeley,CO 80631
970-351-8777 970-351-8777
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the
Manual on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
opriate.
None
Municipality or County Approval (When the appropriate local authority retains Issuing authority)
By I Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
X) Title Date
Ia_ ASS Access (o/ u/03
:opy Dis 'b ion: Required 1. Region Permit files 2.Staff Access Section. As needed:Local Authority, T E Patrol, Inspector Form 1265 8/98
STATE HIGHWAY ACCE - 3 PERMIT State Highway No/Mp/Side
392B/023.490/L
"'snit fee Date of transmittal Region/Section/Patrol Local Jurisdiction
100.00 06/05/2003 04/01/25 Weld County
The Permittee(s); Applicant; Ref No. 2003
Olando, LLC Ed Orr
826 9th Street 826 9th Street
Greeley, CO 80631 Greeley, CO 80631
970-351-8777 970-351-8777
is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in
accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit The issuing authority,the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location:
The access is to be located on State Highway 392,a distance of 2,577 feet east from Mile post 23 on the north/left side.
Access to Provide Service to:
Single-Family Detached Housing 9 Each 100.00%
Other terms and conditions:
rte' * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
I.
~MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Date Title
By
(Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Tim McCann with the Colorado Department of Transportation in Greeley at 970-350-2147
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its terms and conditions.
\ /ice Date t,, /Permit Date
h(y.' ,..,•tY} a,, -�. 4W;a.„..f2., V( C') /3
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
B Date(of issue) Title
' I r�I t
s I I Assistant Access Manager
.opy •istr•orlon: ft�c[ ,lReguired: Make cops as n4cc J7 essery for. Previous editions are obsolete and may Form not
be b1 sed8
ed
1.Region Local Authority Inspector COOT
applicant MICE Patrol Traffic Engineer
3.Staff Access Section
i
State Highv._)Access Permit )PERMIT EXPIRATION
Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction
within one year of the permit issue date or before the expiration of any authorized
The following paragraphs are excerpts of the State Highway Access Code. extension.When the permittee is unable to commence construction within one
These are provided for your convenience but do not alleviate compliance with all year after the permit issue date,the permittee may request a one year extension
sections of the Access Code. A copy of the State Highway Access Code is from the issuing authority. No more than two one-year extensions may be
available from your local issuing authority(local government)or the Colorado granted under any circumstances. If the access is not under construction within
Department of Transportation (Department). When this permit was issued,the three years from date of issue the permit will be considered expired.Any request
issuing authority made its decision based in part on information submitted by the for an extension must be in writing and submitted to the issuing authority before
applicant, on the access category which is assigned to the highway,what the permit expires.The request should state the reasons why the extension is
alternative access to other public roads and streets is available, and safety and necessary,when construction is anticipated, and include a copy of page 1 (face
design standards. Changes in use or design not approved by the permit or the of permit)of the access permit. Extension approvals shall be in writing. The local
issuing authority may cause the revocation or suspension of the permit. issuing authority shall obtain the concurrence of the Department prior to the
approval of an extension,and shall notify the Department of all denied
APPEALS extensions within ten days.Any person wishing to reestablish an access permit
1. Should the permittee or applicant object to the denial of a permit application that has expired may begin again with the application procedures.An approved
by the Department or object to any of the terms or conditions of a permit placed Notice to Proceed, automatically renews the access permit for the period of the i
there by the Department,the applicant and permittee(appellant)have a right to Notice to Proceed.
appeal the decision to the[Transportation]Commission[of Colorado].To appeal 1
a decision,submit a request for administrative hearing to the Transportation CONSTRUCTION
Commission of Colorado within 60 days of transmittal of notice of denial or 1. Construction may not begin until a Notice to Proceed is approved. (Code'
transmittal of the permit for signature.Submit the request to the Transportation subsection 2.4]
Commission of Colorado,4201 East Arkansas Avenue, Denver, Colorado 80222-
3400.The request shall include reasons for the appeal and may include 2. The construction of the access and its appurtenances as required by the
changes, revisions,or conditions that would be acceptable to the permittee or terms and conditions of the permit shall be completed at the expense of the
applicant. permittee except as provided in subsection 2.14.All materials used in the
construction of the access within the highway right-of-way or on permanent
2. Any appeal by the applicant or permittee of action by a local issuing authority easements, become public property.Any materials removed from the highway
shall be filed with the local authority and be consistent with the appeal right-of-way will be disposed of only as directed by the Department.All fencing,
procedures of the local authority. guard rail, traffic control devices and other equipment and materials removed in
the course of access construction shall be given to the Department unless
3. In submitting the request for administrative hearing,the appellant has the otherwise instructed by the permit or the Department inspector.
option of including within the appeal a request for a review by the Department's
internal administrative review committee pursuant to[Code]subsection 2.10. 3. The permittee shall notify the individual or the office specified on the permit
When such committee review is requested, processing of the appeal for formal or Notice to Proceed at least two working days prior to any construction within
administrative hearing,2.9(5)and(6),shall be suspended until the appellant state highway right-of-way. Construction of the access shall not proceed until
notifies the Commission to proceed with the administrative hearing,or the both the access permit and the Notice to Proceed are issued.The access shall )
appellant submits a request to the Commission or the administrative law judge to be completed in an expeditious and safe manner and shall be finished within 45
withdraw the appeal.The two administrative processes,the intemal days from initiation of construction within the highway right-of-way.A construction
administrative review committee, and the administrative hearing,may not run time extension not to exceed 30 working days may be requested from the
concurrently. individual or office specified on the permit.
4. Regardless of any communications, meetings,administrative reviews or 4. The issuing authority and the Department may inspect the access during
negotiations with the Department or the internal administrative review Committee construction and upon completion of the access to ensure that all terms and
regarding revisions or objections to the permit or a denial, if the permittee or conditions of the permit are met. Inspectors are authorized to enforce the
applicant wishes to appeal the Department's decision to the Commission for a conditions of the permit during construction and to halt any activities within state
hearing, the appeal must be brought to the Commission within 60 days of right-of-way that do not comply with the provisions of the permit,that conflict with
transmittal of notice of denial or transmittal of the permit. concurrent highway construction or maintenance work,that endanger highway
property, natural or cultural resources protected by law,or the health and safety /10. Each access shall be constructed in a manner that shall not causr der to
of workers or the public. enter onto the roadway or shoulder, and shall not interfere with the existing
drainage system on the right-of-way or any adopted municipal system and
5. Prior to using the access,the permittee is required to complete the drainage plan..
construction according to the terms and conditions of the permit.Failure by the
permittee to abide by all permit terms and conditions shall be sufficient cause for 11. By accepting the permit, permittee agrees to save,indemnify,and hold
the Department or issuing authority to initiate action to suspend or revoke the harmless to the extent allowed by law, the issuing authority, the Department, its
permit and close the access. If in the determination of the Department or issuing officers,and employees from suits,actions,claims of any type or character
authority the failure to comply with or complete the construction requirements of brought because of injuries or damage sustained by any person resulting from
the permit create a highway safety hazard, such shall be sufficient cause for the the permittee's use of the access permit during the construction of the access.
summary suspension of the permit. If the permittee wishes to use the access
prior to completion,arrangements must be approved by the issuing authority and CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
Department and included in the permit. The Department or issuing authority may 1. It is the responsibility of the property owner and permittee to ensure that the
order a halt to any unauthorized use of the access pursuant to statutory and use of the access to the property is not in violation of the Code, permit terms and
regulatory powers. Reconstruction or improvement of the access may be conditions or the Act.The terms and conditions of any permit are binding upon all
required when the permittee has failed to meet required specifications of design assigns,successors-in-interest, heirs and occupants. If any significant changes r
or materials. If any construction element fails within two years due to improper are made or will be made in the use of the property which will affect across
construction or material specifications, the permittee shall be responsible for all operation, traffic volume and or vehicle type, the permittee or property owner
repairs. Failure to make such repairs may result in suspension of the permit and shall contact the local issuing authority or the Department to determine if a new
closure of the access. access permit and modifications to the arc are required.
6. The permittee shall provide construction traffic control devices at all times 2. When an access is constructed or used in violation of the Code,section 43-
during access construction, in conformance with the M.U.T.C.D.as required by 2-147(5)(c), C.R.S.,of the Act applies. The Department or issuing authority may
section 42-4-104, C.R.S., as amended. summarily suspend an access permit and immediately order closure of the
access when its continued use presents an immediate threat to public health,
7. A utility permit shall be obtained for any utility work within highway right-of- welfare or safety. Summary suspension shall comply with article 4 of title 24,
way.Where necessary to remove, relocate, or repair a traffic control device or C.R.S.
public or private utilities for the construction of a permitted access,the relocation,
removal or repair shall be accomplished by the permittee without cost to the MAINTENANCE
Department or issuing authority, and at the direction of the Department or utility 1. The permittee, his or her heirs, successors-in-interest,assigns, and
company. Any damage to the state highway or other public right-of-way beyond occupants of the property serviced by the access shall be responsible for
that which is allowed in the permit shall be repaired immediately.The permittee is meeting the terms and conditions of the permit,the repair and maintenance of
responsible for the repair of any utility damaged in the course of access the access beyond the edge of the roadway including any cattle guard and gate,
construction, reconstruction or repair. and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations.
8. In the event it becomes necessary to remove any right-of-way fence,the Within unincorporated areas the Department will keep access culverts dean as
posts on either side of the access shall be securely braced with an approved end part of maintenance of the highway drainage system. However, the permittee is
post before the fence is cut to prevent any slacking of the remaining fence. All responsible for the repair and replacement of any access-related culverts within
posts and wire removed are Department property and shall be turned over to a the right-of-way.Within incorporated areas,drainage responsibilities for
representative of the Department. municipalities are determined by statute and local ordinance. The Department
will maintain the roadway including auxiliary lanes and shoulders, except In those
9. The permittee shall ensure that a copy of the permit is available for review at cases where the access installation has failed due to improper access
the construction site at all times.The permit may require the contractor to notify construction and/or failure to follow permit requirements and specifications in
the individual or office specified on the permit at any specified phases in which case the permittee shall be responsible for such repair. Any significant
construction to allow the field inspector to inspect various aspects of construction repairs such as culvert replacement,resurfacing,or changes in design or
such as concrete forms,subbase,base course compaction,and materials specifications,requires authorization from the Department.
specifications. Minor changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site conditions.
Form 101, Page 2
State Highway Access Peri It Page 1
,,,Pttachment to Permit No. 403050 -Additional Terms and Conditions
1. If there are any questions regarding this permit,please contact Gloria Hice-Idler at(970) 350-2148.
2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed
additional terms, conditions, exhibits, and noted attachments.
3. Incorporated as part of this permit are the following:
Application for Access Permit(CDOT Form No. 137)
Permit(CDOT Form No. 101) and its two page attachment
Exhibits:
"A" -Access Plan
"B" -Vicinity Map
4. This permit is issued in accordance with the State Highway Access Code(2 CCR 601-1), and is based upon
the information submitted by the Permittee. This permit is only for the use and purpose stated in the
Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may
render this permit void,requiring a new permit to the be applied for based upon exisiting and anticipated
future conditions.
5. Access construction methods and materials shall conform to the Colorado Department of Transportation
Standard Specifications for Road and Bridge Construction(current edition).
6. If necessary,minor changes,corrections and/or additions to this permit may be ordered by the Department
inspector, other Department representative or local authority to meet unanticipated site conditions. Changes
may not be in violation of the State Highway Access Code. All major changes to the plans must be approved
in writing by the Department prior to commencement of any work on or within the State Highway
right-of-way.
7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit; 2)
Abandonment; 3) Supersedure by new permit covering the same installation; or 4)Conflict with necessary
planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon
notice of cancellation of the permit from the Department, unless a new permit is applied for and granted.
8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the
required design and/or material specifications. If any construction element fails within two years due to
improper construction or material specifications,the Permittee is responsible for all such reparis.
9. The Department retains the right to perform any necessary maintenance work in this area.
10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall
enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be
considered a violation of the terms and conditions of this access permit and may result in revocation of the
permit by the Department and/or the issuing authority.
11. All other accesses to the property shall be removed immediately. Removal shall include,but not limited to,
the return of the highway right-of-way side slopes, ditches, and fences to match existing adjacent conditions,
INCLUDING REMOVAL OF ASPHALT APRONS. Any asphalt removed from the highway shall result in a
smooth finished edge.
12. The Permittee is responsible for obtaining any necessary additional federal; state, and/or City/County permits
or clearances required for construction of the access. Approval of this access permit does not constitute
verification of this action by the Permittee.
State Highway Access Pe. it Page 2
Attachment to Permit No. 403050 -Additional Terms and Conditions
13. All costs associated with the installation of this access are the responsibility of the Permittee. This includes
design,construction, signing and striping,utility relocation,testing of materials, and inspections.
14. No work will be allowed at night,or on Saturdays, Sundays, and legal holidays without prior authorization
from the Department. The Department may also restrict work within the State Highway right-of-way during
adverse weather conditions.
15. Traffic detours or lane closures will not be allowed, unless pre-approved by the Department.
16. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization
is obtained from the Department.
17. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway
right-of-way overnight.
18. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way.
Any livestock that does enter the State Highway right-of-way shall be the sole responsibility of the Permittee.
19. Landscaping and site construction shall not obstruct sight distance at any State Highway access point.
Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping
Permit from the Maintenance Section. The access permit does not authorize that activity,although a proposed
landscaping plan shall be included in the access permitting document. Irrigation of features within the
right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard
M-605-1 or other approved system. The Permittee shall contact John Springer at the Evans Maintenance
Office,(970) 506-4971, to obtain the Landscaping Permit.
20. Routine,periodic maintenance and emergency repairs may be performed within the State Highway
right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert ..
replacement,resurfacing, or changes in design or specifications,will require written authorization from the
Department. The Department shall be given proper advance notice whenever maintenance work will affect the
movement or safety of traffic on the State Highway. In an emergency,the Department Region Office and the
State Patrol shall immediately be notified of possible hazards.
21. All work is to conform to the plans referenced by this permit on file with the Department or as modified by
this permit. (If discrepancies arise,this permit shall take precedence over the plans.) The Department plan
review is only for the general conformance with the Department's design and code requirements. The
Department is not responsible for the accuracy and adequacy of the design, dimensions,elevations, and any
other elements which shall be confirmed and correlated at the work site. The Department through the
approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans.
22. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970)
350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any
survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced
immediately at the expense of the Permittee.
23. Should any excavation encounter plant or animal fossils,the remains of historic or prehistoric structures,
artifacts, (pottery, stone tools,arrowheads,etc.),the work shall be stopped and the Permittee shall notify the
r-.
Department inspector.
24. The Permittee or the contractor shall notify Tim Mccann at(970) 350-2147, at least two working days prior to
beginning any access improvements or construction of any kind within the State Highway right-of-way.
State Highway Access Pert.Tt Page 3
Attachment to Permit No. 403050 -Additional Terms and Conditions
Failure to comply with this requirement may result in revocation of this permit.
25. Whenever the work will affect the movement or safety of traffic,the Permittee shall develop and implement a
construction traffic control plan,and utilitze traffic control devices as necessary to ensure the safe and
expeditious movement of traffic around and through the work site and the safety of the work force. The
traffic control plan shall be prepared by an American Traffic Safety Services Associaton(ATSSA)certified
individual, a Colorado Contractors Association(CCA) certified individual,or a professional traffic engineer in
conformance with the Manual on Uniform Traffic Control Devices, and other applicable standards. A copy of
the approved traffic control plan must be on site until the work is completed.
26. The Department inspector may suspend any work due to: 1)Noncompliance with the provisions of this
permit;2)Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in
conflict with permit work;4)Any condition deemed unsafe for workers or the general public. The work may
be resumed upon notice from the Department inspector.
27. If highway right-of-way fence exists or is proposed,the Permittee must contact John Springer at the Evans
Maintenance office, (970)5064971,prior to any removal or installation.
28. The access shall be constructed 20 feet wide with 20 foot radii.
29. Construction traffic control devices,when not in use, shall be removed or turned away from traffic.
30. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance
of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a
minimum of 20 feet.
31. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation of construction within State Highway right-of-way.
32. Any access gate shall be set back so that the longest vehicle using the access can completely clear the traveled
way when the gate is closed.
33. All required access improvements shall be installed prior to the herein authorized use of this access.
34. The access shall be surfaced immediately upon completion of earthwork construction and prior to use.
35. Surfacing of the access shall be completed as per Exhibit"A".
36. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a
straight edge for patching.
37. If frost,water or moisture is present in the subgrade,no surfacing materials shall be placed until all frost,
water or moisture is gone or removed.
38. The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes.
Culverts over 18 inches in diameter shall have end sections.
39. The access shall be constructed and maintained in a manner that will not cause water to enter onto the
roadway, and will not interfere with the existing drainage system within the State Highway right-of-way.
Drainage to the State Highway right-of-way shall not exceed historical rate of flow.
--^ 40. All existing drainage structures shall be extended,modified, or upgraded as necessary, to accommodate all
new construction and safety standards,in accordance to the Department's standard specifications.
State Highway Access Pei..,it Page 4
Attachment to Permit No. 403050 -Additional Terms and Conditions
41. The Permittee shall request final inspection by Tim McCann at(970) 350-2147,within 10 days following
completion of access construction,and prior to authorized use. The Permittee or their representative shall be
present
42. A fully executed complete copy of this permit must be on the job site with the contractor at all times during
construction. Failure to comply with this or any other construction requirement may result in the immediate
suspension of work by order of the Department inspector or the issuing authority.
43. The design and construction of access and/or development of this property shall not negatively impact
adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the
Permittee.
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surfacing—material type(asphalt grading, concrete class, total
thickness,individual mat thickness for asphaltic materials)
curb and gutter type/dimensions/material
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drainage features—culvert type and size(no RCP in ROW), no
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2970 29th Street,Unit#18
Petroleum Greeley,Colorado 80631
Development Phone: (970)506-9272
Corporation Fax; (970)506-9276
August 18, 2003
Orr Land Company
Attn: Ms. Tammy Ellerman
826 9th Street
Greeley, Colorado 80631
RE: Owl Creek Estates Minor Subdivision
Township 6 North,Range 64 West, 6th P.M.
Section: 16: SE/4
Weld County, Colorado
Dear Ms. Ellerman:
Petroleum Development Corporation ("PDC") is in receipt of the proposed location of the
above-mentioned subdivision. Please be advised that PDC currently has two (2) wells
that are in production within the SE/4 of T6N-R64W, the State Lease 81 43-16 well and
the State 81 44-16 well. The proposed subdivision does not appear to interfere with
PDC's current operations or our access to these sites. Therefore, PDC does not object to
the development of the proposed subdivision. However, PDC does reserve the right to
ingress and egress at all times for all of PDC's wells and production facilities that are
currently in operation in this area.
If you need any additional information or have any questions, please do not hesitate to
give us a call.
Sincerely,
Carrie Eggleston ),
Land Administrator C
r^ �
Todd Hodges Design, LL C
Owl Creek Estates Minor Subdivision
National Flood Insurance Program
FIRM Flood Insurance Rate Map
Weld County, Unincorporated Area
Community-Panel Number 080266 0635C
Revised September 28, 1982
_ A g 11OWARDS
LAKE
;71-11
IL — ti
Not to S •- — L.
NO •
•
Ii
Approximate
Site Location
X1#37
-�
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775
email: toddhodgesdesign(wearthlink.net
P-1
Report Date: 05/21/2004 09:15AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7412598
(ASSESSED TO:
OLANDO LTD LIABILITY CO
826 9 ST PLAZA#200
GREELEY, CO 80631
LEGAL DESCRIPTION:
PT SE4 16-6-64 LOT B REC EXEMPT RE-2016 (.57R)SITUS:WELD
PARCEL: 080116400070 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 381.44 0.00 0.00 381.44 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 05/21/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0740-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 117.90 AGRICULTUR 18,943 5,490
SCHOOL DIST RE7 34.569 189.79
NCW WATER 1.000 5.49 TOTAL 18,943 5,490
NWC WATER 0.000 0.00
GALETON FIRE 2.448 13.44
AIMS JUNIOR COL 6.322 34.71
WELD LIBRARY 3.249 17.84
WEST GREELEY CONSERVATION 0.414 2.27
TAXES FOR 2003 69.476 381.44
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley,CO 80632
(970)353-3845 ext. 3290
•
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)of Taxes Due,
issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special
assessments and prior tax liens currently due and payable connected with the parcel(s) identified
therein have been paid in full.
Sign �,0 Date OmS21/O V
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