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Home My WebLink About20030421.tiff 135 RESOLUTION RE: ACTION OF THE BOARD CONCERNING MODIFYING PAVING REQUIREMENT DETAILED IN EXHIBIT "A" OF IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) FOR SIARRA RUN MINOR RESUBDIVISION, S #626, APPROVED MAY 22, 2002 - SCOTT AND DEANNE DAY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a request to modify the paving requirement detailed in Exhibit "A" of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Siarra Run Minor Resubdivision, S#626, approved May 22, 2002, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Scott and Deanne Day, and WHEREAS, after review, the Board deems it advisable to deny said request, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request to modify the paving requirement detailed in Exhibit"A" of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Siarra Run Minor Resubdivision, S #626, approved May 22, 2002, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Scott and Deanne Day be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELIII3NOUNTy, COLO DO / ATTEST: C D vid E. Long, C air Weld County Clerk to t `B. + .� ? 1861 F, ,�C..q Ro ert D. as en, ro-Tem BY: -•_/t . .• p`�'S.j;`.': "' � / Deputy Clerk to the B'! „f M. J. Geile AP AS TO • '""'y{y. William H. Jerke rity A r e Glenn Vaad Date of signature: 3// 111111111111111111111111 IIIII III 1111111 III IIIII IIII IIII 2003-0421 3044135 03/24/2003 11:00A Weld County, CO PL1599 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CO; PL DA yi fit) BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY AT DATE: January 20, 2003 PERSON REQUESTING,),e"e D.Morrison, Assistant Weld County Attorney Brief description of the problem/issue: The attached letter is a request for the Board to reconsider the portion of improvements agreement entered into with respect to land originally platted by the Hudson Land Company. The Days are requesting the opportunity to discuss with the Board the requirement of paving the road to the lots they are developing. Staff had requested paving and the Days had agreed, after a great deal of discussion, and signed an improvements agreement which included that as a cost. They are now arguing that this is a excessive cost and seek to have the requirement removed from the improvements agreement. This could be done by the Board accepting a amended schedules to the agreement which would delete the cost for paving. Since receiving the Day's letter, another letter from a purchaser of the property was received opposing the proposal to delete the paving requirement. Both are attached. Recommendation to the Board: The Board could consider this issue in a business meeting or first discuss the item in a work session before placing on the agenda. Since the item has already been before the Board,I wold recommend it be reconsidered in a business meeting. Attachments 2003-0421 pLJs19 ifit MEMORANDUM yips TO: Weld County Board of County Commissioners DATE: December 9, 2002 FROM: Sheri Lockman, Planner II SUBJECT: Paved roads for Siarra Run Minor Resubdivislon, S-626 ' The Department of Planning Services has reviewed the Request to develop Siarra Run Minor Resubdivision without paved roads. The Department does not support this request. Sierra Run Is a portion of a 37 lot plat recorded by the Hudson Land Company. Further, the site is directly east of the Town of Lochbuie and south of Fox Haven Estates Resubdivislon. Section 24-1-40 of the Weld County Code defines urban scale development as developments exceeding nine (9)lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. The Code further states"All urban scale developments shall pave the internal road systems of the development". • • 40011 ONINNV1d ITIRM 8649 POE OL6 %Yd 9Z:ST SO/OZ/TO Weld County PlazninE Department G^LDI.FY O1ICE DEC 0 9 2002 WELD COUNTY Decembers 2002 ns✓'Llid �t COMfri;Ssl.,,Ts ' 2� DEC -9 m 45 Clerk to the Board of Weld County Commissioner RECC1$, P.O. Box 758 Greeley, CO 80632 This letter is in regards to Lots 7-11, Siarra Run Minor Resubdivision. We are asking to modify our Exhibit A in the-Improvements Agreement According to Policy Regarding Collateral For Improvements —Public Road Maintenance, which was approved by the Board on May 22, 2002. We would like to delete the paving requirement from this agreement for the road access from WCR 39 to the lots. Our request is based on the changes in County policy, which now treat subdivisions of up to 9 lots to be treated as non-urban, which may, in some cases, be developed without paved roads. When we first started discussing the matter with staff, the standard was 5 lots. Please schedule this issue before the Board, if possible, for its consideration. _ Thank you for your consideration. - _. _ _ as ittot Deanne & Scott Day Daylight Builders, LLC 16722 Quail Run Road Keenesburg, CO 80643 303-637-0447 303-667-8617 ZOOM DNINNVId 6122 8616 P0S OL6 fl SZ:SI S0/0Z/TO EJiECEBII"A" Name of Subdivision a orPlaffiedUnitDevelopment oar al, L1l) t 4ehor— d CV rd a Filing: Location: FUS1rl 3q — L_Siarra Run Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Developnn ut the following improvements. (Leave spaces blank where they do not,apply) Unit Estimated - Improvements Ouantity Units Coats Construction Cost Site grading Street grading ,5 38 /. 9 cicis a . 50 . J A/1,5 Street base - - — .-. 1 3. 11 'CLiy 9 hi S _... Sfre tnuvina - — - Curbs,gutters,and culverts a"CJnP gA L r= ,p,13,oo_ - J ioo Sidev lk Storm sewsfacilities - Retention ponds • Ditch improvements Subsurface drainage Sanitary sewers -Trunk and forced lines Mains Laterals(house connected) • On-site sewage facilities On-site water supply and storage Water main*(inchrtbore) Elie hydrant • Survev and street monuments and boxes Street lighting . Streot name slims LIMP s;y.> > ROO_ • Fencingreauiremsnts Ladscapmg Park insorovements Reaattivlverf Grass lined await Telephone Gas . Electric Water transfer SUB-TOTAL: • ' Engineering and Supervision Costs$ (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by.contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ /;> /1 h, �, (/13 NM IIIII 11111 IIII 111111 IIII III INI� III ill) .d-. £001 ONINNV1d O1dlt 9649 40£ OLa IVd SZ:ST CO/OZ/TO Jan 30 03 10: 50a Daylight Builders LLC 3036550794 p. 2 January 30, 2003 Clerk to the Board of Weld County Commissioner P.O. Box 758 Greeley, CO 80632 Per your request, here is the list of names of the new owners in Siarra Run Minor Resubdivision: Rosalina and Gabino Guerrero — 517 Jordan Way — 299 North Main Street, Brighton, CO 80601 Blanca& Jorge Benitez— 513 Jordan Way — 11 16 Lilac Drive, Brighton, CO 80603 Maria & Juan Benitez— 509 Jordan Way - 105 3"d Street, Fort Lupton, CO 80621 Gordon & Christina Overman— 521 Jordan Way, Brighton, CO 80601 We still own the parcel at 525 Jordan Way. Thank you, Deanne & Scott Day Daylight Builders, LLC cccade January 10, 2003 JAN 1 4 2003 Board of Weld County Commissioners _ '] PO Box 758 WELD COUNTY Greeley, CO 80632 ATTORNEY'S OFFICE To the Board of Weld County Commissioners, My name is Christina Overman and I am writing this letter to you on behalf of my husband, Gordon Overman, and myself. The subject at hand is whether the road we live on, Jordan Way, will or will not be paved. When we bought the parcel from Scott and Deanne Day we were told that the road would be paved. As a result of this, we did not ask for a lower price on the parcel because Deanne informed us how expensive it was going to be to pave Jordan Way and her and Scott were firm with their price. This situation is difficult for us because we consider Scott and Deanne friends and we found out that they were going to fight Weld County on this matter in casual conversation. I'm not certain if the other land owners are aware of what is going on, we have no way of contacting these individuals. After doing some research I found out Jordan Way would not be maintained by Weld County. It would be our responsibility to remove snowdrifts, keep up with the road base so we don't have a muddy mess and whatever else comes our way. Then if we ever wanted it paved we (the 5 land owners) would have to pay for it. Scott and Deanne never told us about this. I feel Scott and Deanne need to notify the other buyers and make sure they understand what is going to happen if the road is not paved. I'm sure they all bought their parcels with the same understanding that Jordan Way would be paved. Today, the road looks great but we know what happens to dirt roads after several winters, rainstorms and traffic going back and forth. We will be dealing with washboards, potholes, mud, areas that wash out, etc. Finally, if Jordan Way is paved it would increase the value of our properties, give the kids and adults a place to ride bikes or go for walks and make a cleaner and safer neighborhood. We hope the board will take this letter into consideration before a final decision is made. Thank you for your time, Christina Overman 521 Jordan Way Brighton, Co 80603 (303) 659-8146 (Letter referring to Jordan Way in the Siarra Run Subdivision) E -E.6eill] t •y January 28, 2003 FEB 0 5 2003 WELD COUNTY Board of Weld County Commissioners ATTORNEYS OFFICE PO Box 758 Greeley, CO 80632 To the Board of Weld County Commissioners, I am the owner of Lot 10 of the Siarra Run Subdivision, my name is George Benitez. My brother, Juan Benitez, is the owner of Lot 11 of the same subdivision. The reason I am writing this letter to you is because I found out that Jordan Way may not be paved and Juan and myself are against this . After talking with our neighbors, the Overmans, I was informed that the Days were considering not paving the road. Juan and myself have not been contacted by the Days about this and we bought our parcels, like the Overmans, with the understanding that Jordan Way would be paved. When we signed our contracts we were told that so much of the "selling price" would go into an escrow account to pay for the paving of the road. One of the reasons we decided to by these particular lots was because we would have a nice paved road. We do not want to deal with dust, mud and a road that we will be responsible maintaining in the future. My other brother, Evenecer Benitez, is under negotiations to buy Lot 9 of the Siarra Run Subdivision. He has been told, by the seller of Lot 9 (not the Days) , that Jordan Way would be paved. Again, this is a big reason why my brother wants this particular lot. It is possible the current owners of Lot 9 have no idea the Days are considering not paving the road. Please call me with any questions at 303-717-3966. Thank you, George Benitez` ifP L Juan Benitez 1177�/ r Evenecer Benitez CC : /&, / J CAROL Harding ' Re.:,Reconsiderinq. Paving Requirements..,... .,.,....... ............ ....................... .....,...........,...... ...... . ....,........... .. .,..Page.1 From: CAROL Harding To: "5overman@msn.com".GWIA.CENTDOMAIN Subject: Re: Reconsidering Paving Requirements Any correspondence in the case file is considered by the Board of County Commissioners in making their decision; however, whether or not to attend the hearing is your choice. Some people prefer speaking in person, some are satisfied with writing a letter. >>> "CHRISTINA OVERMAN" <5overman@msn.com> 02/07/03 07:49AM >>> Hi, my name is Christina Overman and this message is regarding the "Reconsider Paving Requirement detailed in Exhibit "A" of the Improvements Agreement According to Policy Regarding Collateral for Improvements for Siarra Run Minor Resubdivision." We receive a notice about the public hearing that will be on February 12, 2003. We are the owners of Lot 8 in the subdivision at 521 Jordan Way. I did submitted a letter to the Board of County Commissioners several weeks ago through Lee Morrison about our disapproval of Jordan Way not being paved. Through Drew Scheltinga I know that Mr. Morrison received it and it is in the case file. My question to you is "Will it make a difference if I attend the hearing in person or will my letter be sufficient?" I will have to bring my 6 year old daughter with me to the hearing, which I can do if it could make a difference in the board members decision to have me there in person. I apologize for this e-mail if I should not have sent it to this e-mail address but I didn't know who to call to ask this question to. Thank you for your time, Christina Overman (5overman@msn.com) NOTICE A public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DATE: February 12, 2003 TIME: 9:00 a.m. APPLICANT: Scott and Deanne Day Daylight Builders, LLC 16722 Quail Run Road Keenesburg, Colorado 80643 REQUEST: Reconsider Paving Requirement detailed in Exhibit "A" of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)for Sian-a Run Minor Resubdivision, S#626, approved May 22, 2002 LEGAL DESCRIPTION: Lots 7, 8, 9, 10, and 11 of the Siarra Run Subdivision located in Section 31, Township 1 North, Range 65 West of 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 31, 2003 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 31st day of January, 2003. SCOTT AND DEANNE DAY 16722 QUAIL RUN ROAD KEENESBURG CO 80643 GABINO AND ROSALINA GUERRERO 299 NORTH MAIN STREET BRIGHTON CO 80601 JORGE AND BLANCA BENITEZ 1116 LILAC DRIVE BRIGHTON CO 80603 JUAN AND MARIA BENITEZ 105 3RD STREET FORT LUPTON CO 80621 GORDON AND CHRISTINA OVERMAN 521 JORDAN WAY BRIGHTON CO 80603 stL XO6 Deputy Clerk to the Board Hello