HomeMy WebLinkAbout20033221.tiff SUBSTANTIAL CHANGE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
PROPOSED TYPE OF SUBSTANTIAL CHANGE (check one)
X The land-use application has substantially changed.
o The surrounding land-uses have substantially changed.
X Applicable provisions of the law have substantially changed.
o There is newly discovered evidence that the applicant could not have discovered with diligent effort at the time
of the original application
Case number under which you are requesting the substantial change: Change of Zone 547 Owl Creek Acres
Parcel Number 0801 16 000070
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.usl
Legal Description Lot B RE-2016, located in Part of the SE4,Section 16 ,Township 06 North, Range 64 West
FEE OWNER(S)OF THE PROPERTY:
Name:Olando Limited Liability Company c/o Ed Orr and Tammy Ellerman
Work Phone# (970) 351-8777 Home Phone# NA Email Address NA
Address: 826 9th Street
City/State/Zip Code Greeley,CO 80631
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name:Todd Hodges Design, LLC
Work Phone#(970)613-8556 Home Phone#NA Email Address toddhodgesdesian Thawest.net
Address: 1269 North Cleveland Avenue
City/State/Zip Code Loveland,CO 80537
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 showing the
signatory has to legal authority to sign for the corporation.
7/13 b Q
/ lacit3
r Signature:Ovvffer or Authorized Agent Date ignature:Owner or Authorized Agent Date
-1-
2003-3221
r-,
Olando Limited Liability Company
do Ed On and Tammy Ellerman
826 9th Street
Greeley, CO 80631
To Whom It May Concern:
Please be advised that We, Ed Orr, ()ED/ FYC I•d ont , and Tammy
Ellerman, , Olando Limited Liability Company, hereby
authorize Todd Hodges Design, LLC, 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.
r9k--(;) acii3
Ed On date
(??n-7cn ��o,t " . a. 7/2.9063.
Tammy Ellerm4 date
r
Todd Hodges Design, LLC
Substantial Change Application
for
Owl Creek Acres, COZ-547
Prepared for:
Olando Limited Liability Company
do Ed Orr and Tammy Ellerman
826 9th Street
Greeley, CO 80631
Prepared by:
Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, Colorado 80537
EXHIBITSubmitted:
August 2 I , 2003 O�
1269 North Cleveland Avenue • Loveland. Colorado 80537 • (970) 613-8556 • Jim (970)613-8775
email: toddhodgewlesign(aearthlink.net
Todd Hodges Design, LLC
Table of Contents
I . Application Form
2. Authorization Letter
3. Evidence of Corporate Signature Rights
for Ed Orr and Tammy Ellerman
4. Petition of Substantial Change: Questionnaire
5. Reduced and Rendered Original and Revised Plats
C. Deed
7. Mineral Owner Affidavit
8. Affidavit of Interest Owners: Surface Estate
9. Oil and Gas interests correspondence
I 0. School District correspondence
I I . Fire Protection District correspondence
12. Water Service Agreement
13. Colorado Department of Transportation correspondence and access
permit
14. Development Maps illustrating previous submittal and Substantial
Change (Attached)
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(aearthlink.net
•• Coloe'r 70
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STATE 8 -',e • 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
, /I
SECRETARY OF STATE
111111111111 ill/1111111111111111III1111111till
140 30. A 05116/2003 10:46A Weld County, CC
1 of 1 R6"60010%
600 D 0.00 Steve Moreno Clerk:Recorder
STATEMENT OF AUTHORITY
i-- I. This Statement of Authority relates to an entity named Oland° Ltd. Liability co., 'a Colorado limited
liability company
1. The type if entity is a
O corporation O registered limited liability limited partnership
O nonprofit corporation O limited partnership association
® 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
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 f 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 38-
30-172, C.R.S.
Executed this 1st day of May 20 `�
Name OEd OrrManagger
(type or print)
State of Colorado
) SS.
County of wpta
the foregoing instrument was ac _•:••-.•,c' before me this 1st day of May , 2003
/,,,�,
by Ed Orr as manager o �� , ro-,PP!'( ability r°- a Colorado t;mi roa t;.sn;t ity company
.,iC II
i ' I
Witness my hand and official •./. DARELLA L ti
My commission expires: r.
;I_I �,i+! SLOCH C): A /, )47--
; t14�`OF C0\.QP Notary Public
�/"
Todd Hodges Design, LLC
August 21, 2003
Ms. Sheri Lockman, Planner
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80634
RE: COZ-547, Owl Creek Estates c/o Olando Limited Liability Company, Lot B, RE-2016
located in part of the SE4 16-06-64 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Lockman:
Attached you will find an application for a Substantial Change Hearing for Owl Creek Acres,
Change of Zone case number COZ-547. Please note the new landowner is Olando Limited
Liability Company c/o Ed On and Tammy Ellerman. The new proposed name of the Minor
Subdivision is Owl Creek Estates. The attached narrative follows criteria outlined for submitting
the Substantial Change application.
Submitted herein are items above what is required for this particular land use application. This is
due to the applicant's wish to proceed with a Change of Zone hearing rather than the Sketch Plan
should the Substantial Change determination be made. These additional items include
information from the following sources: Colorado Department of Transportation, Oil and Gas
Operators on site, Kersey School District, Galeton Fire Protection District, and the North Weld
County Water District.
Your kind consideration of this request is appreciated.
Sincerely,
/26npngth t1
Anne Best Johnson, AICP
Todd Hodges Design, LL
r
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesignOgwest.net
y Todd Hodges Design, LLC
Introduction
This outline serves the purpose of defining how the applicant has met the intent of established
criteria for a Substantial Change hearing. The Board of County Commissioners moved to deny
the request for the Change of Zone (COZ-547) due to the potential for incompatibility as an
outcome of public testimony, lack of water and poor access.
The procedural guide for a Substantial Change Hearing specifies that one of four defined
scenarios must be met to qualify an application for a Substantial Change hearing. Two of the
four listed scenarios illustrate the criteria this particular application has met. These scenarios,
coupled with details on how the application has been substantially changed from the initial
application, are described below. Criteria scenarios are listed in bold-face type. The explanation
of how each scenario has been met follows each criteria scenario.
1. Has the land-use application substantially changed? (eg, substantial changes in lot
size or density, in internal or external roads, or, in the case of a rezoning, in the uses
proposed.)
The access, internal road design, lot sizes, and common open space designation have
been substantially amended from the original application. In addition, the type of
proposal has changed from Planned Unit Development to Minor Subdivision. The Board
of County Commissioners moved to deny the request for the Change of Zone in part due
to incompatibility with surrounding land uses based upon public testimony and an
appeared lack of water and poor access to the Subdivision due to public testimony.
Access
The applicant is proposing to move the main access to the Subdivision east by
approximately seven hundred and fifty feet (750'). This amendment has received support
from the Colorado Department of Transportation. A current access permit is included
within this application. The Colorado Department of Transportation has jurisdiction over
the access onto State Highways. The second access will be reverted to the original use
permitted on the property as an oil/gas and agricultural access. Attached are letters of
approval for this redesign from the current on-site operators. Only one access will serve
the main Subdivision.
Internal Road Design
The applicant is proposing to amend the internal road design. This redesign reflects the
new access configuration. This proposal incorporates the needs of the Kersey School
District for adequate school bus stop and bus circulation patterns. Attached to this
application is confirmation from the Kersey School District outlining the approval of this
redesign to accommodate their needs. The Galeton Fire Protection District letter also
supports these modifications and is attached herein.
Lot Sizes
The lot sizes and number of proposed lots have been increased. The former PUD
Agricultural Lot has been incorporated into the site design. The results are larger and
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(i jwest.net
Todd Hodges Design, LLC
additional lots. The proposed lot sizes offer greater opportunity for on-site buffering
from adjacent properties. Lots 2 through 4 are greater than 5 acres in size, Lot 5 is 15.40
acres, Lot 1 is 11.56 acres, Lots 6 and 7 are greater than 6 acres in size, Lot S is 7.26 and
Lot 9 is nearly 9 acres in size. These lot sizes offer ample space to construct a residence
and apply a landscaping and buffering plan for each individual lot. The size and
construction method of these future homes, future buffering and landscaping will be
specified in covenants. A draft of the covenants is a requirement of the Final Plan stage
and shall be provided to the County Attorney at that specified stage.
Common Open Space Designation
This proposal removes the Common Open Space designation required through the PUD
Process. This application will follow the Minor Subdivision process.
Compatibility with Surrounding Land Uses
In the Board of County Commissioner's resolution, it is noted that the previous proposal
was not compatible with the existing or future development of the surrounding area.
Future owners of the property included in this Subdivision will be notified of the Weld
County Right to Farm, as well as those uses allowed in the Agricultural Zoned district of
unincorporated Weld County. Significant efforts will be made to inform future owners of
lots in this development about agricultural activities occurring in the vicinity of the
property. The large individual lot sizes provide an opportunity for buffering and
screening of this proposal from adjacent land uses.
The Comprehensive Plan (Chapter 22, Weld County Code) indicates that the County will
continue to support agricultural activities occurring in unincorporated Weld County. The
conversion of agricultural lands to non urban uses, as this proposal suggests, will be
accommodated only in areas that have the ability to support such development with
adequate facilities and services. This proposal has obtained support from the school
district, fire protection district, North Weld County Water District and CDOT. Sewage
disposal will be provided through individual septic systems designed and approved
through Weld County Department of Public Health and Environment. Therefore,
adequate services and facilities are feasibly obtainable.
The Code also encourages techniques and incentives to both minimize the impacts on
surrounding properties as well as conserve land for agricultural production. Each lot size
proposed herein is large enough to adequately provide a buffer from surrounding property
uses. Individual, on-site buffering and landscaping will be accommodated by each
individual lot owner. Buffering and landscaping will be specified in the Covenants.
Individuals living in the vicinity of this property are living in an agricultural area of
unincorporated Weld County, many of which were created through the Recorded
Exemption process. Individuals living on lots created through the Recorded Exemption
process are not affected by the maintenance and aesthetic guidelines typical of a
Subdivision.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(gwestnet
n -�
Todd Hodges Design, LLC
The type of fencing, number and type of animals permitted on each lot, construction
standards, landscaping standards, etc. are items included in Covenants. This subdivision
will be affected by such controls outlined in the Covenants and Home Owners
Association to be submitted with application material at the prescribed time by Weld
County.
Public Water
The Board of County Commissioners Resolution stated, "Section 27-6-120.5.d The
applicant has not demonstrated that adequate public water will be available to the site to
serve the uses permitted within the proposed Planned Unit Development in compliance
with the Performance Standards in Section 27-2-10 of the Weld County Code. In
addition, there does not appear to be adequate provisions made for the irrigation and
maintenance of the common open space." As discussed previously, the Common Open
Space requirement through the PUD process has been removed. Domestic water will be
provided by North Weld County Water District. A Water Service Agreement is included
herein.
The Galeton Fire Protection District has been provided with a new design and evidence
of flow. Support from the Galeton Fire Protection District is included herein.
Prime Agricultural Land Designation
According to the Board of County Commissioner's Resolution, testimony was presented
at the Change of Zone hearing by a surrounding property owner indicating the parcel has
been productive in the past and that a portion has been designated as prime farmground.
The property is designated on the USDA Important Farmlands of Weld County Map as
Prime Irrigated land. This property is 76 acres in size. The irrigation water associated
with the property is not adequate to support agricultural activities on site.
Oil and Gas Operator Cooperation
The applicant has included information from existing on-site oil and gas operators with
application materials. The applicant is in negotiations with Kerr-McGee on an
agreement. Future applications to Weld County will include all agreements with oil and
gas on-site operators. Agreements with operators is not a requirement of the Substantial
Change application process.
2. Have applicable provisions of the law substantially changed. (eg, the applicant is
proposing using a difference procedure so a different set of criteria apply of the
applicable ordinance has been amended by the Board so the criteria have
substantially changed).
The applicant is proposing a change in the land use application from a Planned Unit
Development to a Minor Subdivision. This change affects the lot configuration, number
of lots proposed, and Common Open Space requirements.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(agvestnet
rir Todd Hodges Design, LLC
Closing Remarks
In closing, the applicant has met and exceeded requirements outlined in the County Code
to justify a Substantial Change hearing. The applicant respectfully requests that upon
determination of Substantial Change, the re-application process begin at the Change of
Zone phase rather than repeating the Sketch Plan phase. Information beyond typical
application materials for the Substantial Change hearing have been submitted to expedite
this land use process.
r
e ,
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign@gwest.net
2970 29th Street,Unit#18
Petroleum Greeley,Colorado 80631
Development phone: (970)506-9272
Corporation Fax: (970)506-9276
August 18, 2003
On 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,
011O(JC
Came Eggleston
Land Administrator 66
Matte 9)alley @Schools
WELD COUNTY DIbIRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644- 970/336-8500- FAX 970/336-B5 I I
E.GLENN MCCLAIN,SUPERINTENDENT
June 2,2003
Olando L.L.C.
Ed Orr
826 9'"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 fmd 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,
c.7
Glenn McClain
Superintendent
r
RESOLUTION
OF ITI E
BOARD 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 ItE-7(the
"District")necessitates the acquisition of additional public school sites to accommodate
the corresponding increases in student populations;and
WHEREAS,requiring land dedications for public 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 routinely refer appliadiutct relating to new development for
review and comments concerning the adequacy of public school sites and facilities; and
WHEREAS, local governments arc encouraged and authorized to cooperate with
other units of government,pursuant to Section 29-20-105,C.RS.,for the purpose of
planning or regulating the development of land,including,but not limited to, the 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 ofresidential 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 constitutes a reasonable and uniform
method of ensuring that new residential construction and residential development bear a
proportionate share of the cost of public 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. Coo cration with Local Governments Encoura ed. The ability of the District
.-. to provide adequate educational opportunities for its student upon,among other matters, the availability of adequate land,or pul i n the alternative hation is e
availability of funds to purchase adequate land. Since the approval of residential land
development applications by local governments with territory within the boundaries of
-ttte District substantially impacts the District's ability to meet 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 rn ligation
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. lanLPedication Re u;ranents_ In connection with an application for residential land development to any local government width errito ing or new
the boundaries of the District, p g
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
dcsigmee,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 for
r1 every 1,000 new residents reasonably projected by the District for the development.
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 fees be paid in
lieu of such land dedication,as a condition of approval of the development application by
the local governrnent. The fees shall be calculated as follows: (a)5750 for each new
single-family residence;(b)S585 for each unit in a duplex or triplex;and(c)S420 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
contributions 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 Dc_ d ieation 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 deed, free and
clear of all liens,encumbrances and exceptions(except those approved in writing by the
2
District), including, without limitation, real propcny taxes, which shall
be rorated date of due conveyance. The property owner shall also provide a title insuranceto the
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 the District
determines that fees should be paid in licu of dedication 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 fora means of payment of
such fees upon such terms and conditions as the parties may mutually agree upon. It
shall be an acceptable method of payment,for purposes of such agreements,for the fees
to be paid as building permits are issued.
6. Exern lions. The District has determined that the following types of
residential development do not have an adverse effect on the Districts 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,hoarding or rooming houses,nursing homes,hotels,motels or
hospices;(d)construction of any non-residential:building or structure;and(c)
construction ofany residential building or structure classified as housing for older
persons,pursuant to the Federal Fair Housing Act then in effect
7. Use of 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. AccountinK for Dcdicationts or Fccs. The District shall cause to be included
within its annual audit a summary and description of the status of receipts of land or fees
in lieu of land dedication,so that full disclosure of the District's activities with respect to
such receipts may he 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'contactlocal governrnent entities with territory located within the
boundaries of the District in order to inform such entities of the District's adopted policy.
1
Further, in order to ensure the long-term integrity of the policy sct forth in this
Resolution, such parties arc authorized to proceed W negotiations with such entitiCs
directed towards achieving a formal written agreement with respect to the cooperation
between such local governments and the District
ADOPTED THIS L3 DAY Optrrh 2000.
PLATTE VALLEY SCHOOL DISTRICT
WELD COUNTY RE-7
—
By: President,Board of Education
ATTEST
By: Secretary,Board of Education
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GALETON VOLUNTEER
`OEPI
Olando LLC
Tammy Ellerman
826 9th 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,
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.
r
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.
CDOT Permit No.
COLORADO DEPARTMENT OF TRANSPORTATION 403050
SH/S/MP
STATE HIGHWAY ACCESS CODE
392B/023.490/L,
Local Jurisdiction
NOTICE TO PROCEED
Weld County
Permittee(s): Applicant;
Olando, LLC Ed Orr
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
ppropriate.
None
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
By Title /� Date
(X) (,0"U.el fi('2 ( ASS ACC-e55 101403
Copy Dis b ion: Required 1. Region Permit files 2.Staff Access Section. As needed: Local Authority, T E Patrol, Inspector Form 1265 8/98
COLORADO DEPARTMENT OF TRANSPORT )N CDOT Permit No.
STATE HIGHWAY ACCESS PERMIT 4'03050
State Highway No/Mp/Side
3928/023.4901L
Permit 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 On
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:
* See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By Date Title
(x)
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. `y� /f�Per(x)mi��� V�) �.+C�. ++\t\l
-(AL L, Dated c 13
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By Date(of issue) Title
(x) �/ f ll -I, c wilt O3 Assistant Access Manager
Copy r str •utlon: Required: Make copis n cessary for. Previous editions are obsolete and may not be used
1.Region Local Authority Inspector CDOT Form#101 8/98
2.Applicant MTCE Patrol Traffic Engineer
3.Staff Access Section
} 1 1
State Highway 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 govemment)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
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
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. My 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
intemal 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 Departments 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 cause water 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
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 access
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 access 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 clean 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 tumed 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 3
State Highway Access Permit Page 1
Attachment to Permit No. 403050 -Additional Terms and Conditions
I. 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 pciuiit does not constitute
verification of this action by the Permittee.
•
State Highway Access Permit Page 2
Attachment to Permit No. 403050 -Additional Terms and Conditions
r
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 Pennittee.
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
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 Permit 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) 506-4971,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 Permit 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.
$IBIT "A"- SIMPLE ACCESS DESIGN
09/00
Define: width of access exclusive of radii
radii
profile
angle if other than 90°
surfacing—material type (asphalt grading, concrete class,total
thickness,individual mat thickness for asphaltic materials)
curb and gutter type/dimensions/material
permanent signing or pavement markings necessary
drainage features—culvert type and size(no RCP in ROW),no
increased runoff to ROW
special or unusual features
any landscaping in ROW
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