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HomeMy WebLinkAbout20032021.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Doug Tiefel/River Runs Through It, LLC Case Number PZ-1011 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Letters from the applicant Continuance request Letter from Kerr-McGee Letter from the applicant Planning Commissioner Folsom Field Check Form Letters to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Deed Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X Referrals without comment Colorado Department of Transportation, referral received 8/2/2002 Town of Frederick, referral received 8/14/2002 Longmont Soil Conservation District, referral received 8/15/2002 4 Referrals with comments X Weld County Department of Public Works, referrals received 9/6/2002 and 5/14/2003 Weld County School District RE-1J, referrals received 9/3/2002 and 5/19/2003 Colorado Geological Survey, referrals received 8/19/2002 and 6/2/2003 Mountain Fire Protection District, referral received 8/7/2002 Colorado Division of Wildlife, referral received 8/18/2002 State of Colorado, Division of Water Resources, referrals received 8/2/2002 and 5/22/2003 Weld County Attorney's Office, referral received 4/25/2002 4 EXHIBIT 2003-2021 4 AZ-/0/f Weld County Sheriffs Office, referral received 7/24/2002 Weld County Building Inspection, referrals received 8/6/2002 and 5/20/2003 Weld County Department of Planning Services,addressing referral received 7/29/2002 Weld County Code Compliance, referrals received 7/24/2002 and 5/7/2003 Weld County Department of Planning Services, landscaping referral received 7/24/2002 Town of Mead, referrals received 8/20/2002 and 5/19/2003 Weld County Department of Public Health&Environment, referrals received 9/19/2002 and 6/4/2003 5 PC Exhibits X 5a 8 photographs of roadways in Goose Haven Subdivision 5b 8 photographs of roadways in Boulder Valley Farm Subdivision 6 Planning Commission Resolution r I hereby certify that the 5items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. J / �k1 . Sheri Lockman 6• Planner II ‘81t*: LANDAPPLICATION SUMMARY SHEET WIPLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1011 HEARING DATE: July 15, 2003 PLANNER: S Lockman APPLICANT: Doug Tiefel/River Runs Through It, LLC ADDRESS: P.O. Box 17130, Boulder, CO 80308-0130 REQUEST: Change of Zone from A (Agricultural) to PUD for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes. (Pelican Shores) LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 26 and west of and adjacent to County Road 13 ACRES: 240 +/- PARCEL NUMBER: 1207 36 000059 and 1207 36 000060 �.. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27-6-120 of the Weld County Code as follows: The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Works, referrals received 9/6/2002 and 5/14/2003 • Weld County Attorney's Office, referral received 4/25/2002 • Weld County Sheriff's Office, referral received 7/24/2002 • Weld County Department of Public Health&Environment,referrals received 9/19/2002 and 6/4/2003 • Mountain Fire Protection District, referral received 8/7/2002 • State of Colorado, Division of Water Resources, referrals received 8/2/2002 and 5/22/2003 • Weld County Department of Planning Services, addressing referral received 7/29/2002 • Weld County Department of Planning Services, landscaping referral received 7/24/2002 • Weld County Code Compliance, referrals received 7/24/2002 and 5/7/2003 • Town of Mead, referrals received 8/20/2002 and 5/19/2003 • Weld County School District RE-1J, referrals received 9/3/2002 and 5/19/2003 • Weld County Building Inspection, referrals received 8/6/2002 and 5/20/2003 • Town of Frederick, referral received 8/14/2002 • Colorado Division of Wildlife, referral received 8/18/2002 • Colorado Department of Transportation, referral received 8/2/2002 • Longmont Soil Conservation District, referral received 8/15/2002 • Colorado Geological Survey, referrals received 8/19/2002 and 6/2/2003 The Department of Planning Services' staff has received responses from the following agencies: • Town of Firestone • Rural Ditch Company • Colorado Division of Minerals and Geology EXHIBIT PZ-1011 Pelican Shores PUD 1 e CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: PZ-1011 HEARING DATE: July 15, 2003 PLANNER: S Lockman APPLICANT: Doug Tiefel/River Runs Through It, LLC ADDRESS: P.O. Box 17130, Boulder, CO 80308-0130 REQUEST: Change of Zone from A (Agricultural) to PUD for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes. (Pelican Shores) LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 26 and west of and adjacent to County Road 13 ACRES: 240 +/- PARCEL NUMBER: 1207 36 000059 and 1207 36 000060 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements),•Chapter 22 (Comprehensive Plan), Chapter 23(Zoning), Chapter 24 (Subdivision) and Chapter 26(Mixed Use Development) of the Weld County Code. The proposed site is not influenced by an Inter- Governmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-190.C(R.Goal 3.) — Urban residential uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area, 1-25 Mixed Use Development area or urban growth nodes, or where adequate infrastructure and services are currently available or reasonably obtainable.The site is within the 1-25 Mixed Use Development area. Application materials indicate that adequate infrastructure is available or reasonably obtainable. 2) Section 22-2-210.D.2(PUD.Policy 4.2.) -- A Planned Unit Development which includes a residential use should provide common open space free of buildings,streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some Planned Unit Developments may not require common open space depending on PZ-1011 Pelican Shores PUD 2 • their type, density, or other factors. The proposal includes 193 acres of open space consisting of a river corridor and two private recreational lakes. The applicant has also taken a future trail connection into consideration. 3) Section 22-2-210.0. 3. (PUD.Policy 4.3.)— Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design.The site plan has addressed the substantial issues surrounding the location of water courses and varying topography. 4) Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the Planned Unit Development. Referral agencies have voiced concern regarding the stabilization of the river bank. The applicant has worked with the Corps of Engineers to ensure the banks are adequately stabilized. Further, Conditions of Approval and Development Standards ensure that any future work required to maintain the river banks shall be at the expense of the Home Owners Association. 5) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health,safety and general welfare of the present and future residents of the County." The northern portion of the proposed PUD will be serviced by Little Thompson Water District for potable water and fire protection requirements. The southern portion of the proposed PUD will be serviced by Central Weld County Water District. St. Vrain Sanitation District will handle the effluent flow. B. Section 27-6-120.6.b-The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the R-1(Residential)Zone District except that no animal units will be allowed,the maximum lot coverage shall be 20% and the maximum building height shall be 35 feet as measured by the Uniform Building Code. Section 27-2-50, Circulation — The applicant is requesting to build the interior roadways to a standard which does not meet the Mixed Use Development criteria for a full urban residential roadway. Conditions of approval ensure the interior roadway will have two 12-foot paved lanes with 8-foot paved parking lanes along with a 60-foot right-of-way and 65-foot radii for all cul-de- sacs. Section 27-2-90, Filing — The applicant is requesting to proceed in two filings to address the completion of the gravel mining on site. Section 27-2-110, Mining — Conditions of Approval ensure that mining on the site shall be complete and the Use by Special Review permit shall be vacated prior to development. By proceeding in two filings the applicant should avoid delays in commencing work on the site. The applicant has met the remaining performance standards as delineated in Section 27-2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2- 20 through 27-2-210 of the Weld County Code. C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter-Governmental Agreement. The Town of Mead stated that they do not want Pelican Shores to be approved as PZ-1011 Pelican Shores PUD 3 �-. an unincorporated project and that it should be referred to the Town for possible annexation. However,the applicant has chosen to proceed through the County application process.The Town of Frederick indicated no conflicts with their interests.The Town of Firestone did not respond to the referral request. D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code.The northern portion of the PUD will be serviced by Little Thompson Water District and the southern portion will be serviced by Central Weld County Water District for potable water and fire protection requirements. St. Vrain Sanitation District will handle the effluent flow. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated in a referral response dated June 4, 2003 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Department of Public Works has reviewed the interior roadway and has required the applicant to comply with the MUD Area Structural Plan by constructing a full urban residential roadway per Section 26-2- 80 of the Weld County Code. The change of zone plat submitted by the applicant shows roadways with 50-foot right-of-way radii cul-de-sacs, which is not an accepted standard. The Department of Public Works has required the MUD local residential road right-of-way to be 60- feet in width, including cul-de-sacs with a 65-foot radius, and dedicated to the public. A typical section shall be shown on the change of zone plat. The typical local roadway section shall be shown as two 12-foot paved lanes with 8-foot paved parking lanes. The cul-de-sac edge of pavement radius shall be 50-feet. Public Works has not required sidewalk, curb and gutter for this development, since the developer has requested a gated community. The Department of Public Works is requiring an 80-foot right-of-way for County Road 26 to be dedicated on the final plat. County Road 26 serving this development is gravel. The Traffic Impact Analysis report dated October 31, 2001, by Alex Ariniello, P.E. of LSC Transportation Consultants, Inc. states that County Road 26 (adjacent to the development) should be paved. Weld County Public Works agrees with this requirement and has required the applicant to construct the MUD collector 2-lane roadway section. The applicant will be required to build %of the MUD collector section for the length of the property frontage, as well as pave the full width of the remaining existing roadway. The Department of Public Works is requiring a 65-foot right-of-way for County Road 13 to be dedicated on the final plat.County Road 13 is classified by the County as a MUD arterial roadway and requires a 130-foot right-of-way. County Road 13 serving this development is paved. F. Section 27-6-120.6.f-An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. The Weld County Departments of Public Works and Planning Services have required an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Pelican Shores PUD and all off-site improvements prior to recording the final plat. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral deposits, and soil conditions on the subject site. The applicant has included a copy of a Letter of Map Amendment which has been approved by the Federal Emergency Management Agency. The Letter of Map Amendment accurately describes the location of the flood plain.Conditions of Approval and Development Standards ensure that flood plain elevations shall be considered prior to construction of any structures on the site. PZ-1011 Pelican Shores PUD 4 Gravel mining is currently being finalized on the site.The applicant has not submitted a finalized agreement with Kerr-McGee regarding the oil and gas interests on site. Kerr-McGee has indicated that they object to the proposed subdivision until the oil and gas interests are adequately addressed. Conditions of Approval require the applicant to submit a finalized agreement or evidence that mineral owners concerns have been mitigated. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district,as described previously. The applicant is requesting that the Final Plan be administratively reviewed. The Department of Planning Services is in agreement with this request. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from A(Agricultural)to PUD for 9lots with Estate Zone Uses along with 9.4 acres of open space is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerns have been mitigated. (Department of Planning Services) 2. Prior to recording the Change of Zone plat: A. The applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral responses dated August 15, 2002 and May 14, 2003. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the concerns of the Weld County Sheriffs Department as stated in a memo dated July 24,2002 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Sheriff's Office) C. The applicant shall address the concerns of Peggy Gregory, Weld County Building Technician and indicated in a referral response dated July 29, 2002. (Department of Building Inspection) D. The internal roadways are longer than 1,500 feet,which is the maximum block length permitted by the County(CODE Sec.24-7-40-E). It appears this parcel cannot be developed to reasonably meet this requirement. Public Works has reviewed this roadway layout and finds it conditionally acceptable. The applicant shall provide written documentation verifying specifically that the roadway layout is acceptable to other appropriate referral agencies,especially the fire department of jurisdiction. (Department of Public Works) E. The applicant shall address the boat ramp and lake access shown on the drawing in Block 1. (Department of Public Works) F. The applicant has provided an emergency access easement at the end of Douglas Drive, especially for the fire department. The applicant shall provide written documentation verifying specifically that the roadway layout is acceptable to other appropriate referral agencies,especially the fire department of jurisdiction. (Department of Public Works) PZ-1011 Pelican Shores PUD 5 G. The applicant shall submit a recorded copy of an agreement signed by all of the owners of the property crossed by the emergency fire access. The access shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (Department of Planning Services) H. The applicant shall submit a new"Preliminary Landscape Design Plan"for review and approval. The Plan shall address the concerns indicated in the referral response from Kim Ogle,dated July 24, 2002. The Plan shall also address signage. Section 23-4-80.A of the Weld County Code indicated one(1) identification sign shall be allowed per principle use. Because the subdivision is clearly divided into two portions, Planning staff will approve one(1)sign at each entrance.The Landscape Plan shall indicate the entrance signs in accordance with Chapter 27, Article VI, Section 90.E.1. Signs shall meet all requirements of Chapter 23, Article IV, Division 2, Chapter 26, Article II, Section 90 and Chapter 27, Article VI, Section 90. (Department of Planning Services) I. The applicant shall submit evidence to the Department of Planning Services that they have adequately addressed the concerns raised by the Weld County Department of Public Health and Environment regarding the recreational facilities on site. (Department of Public Health and Environment) J. The applicant has indicated that the Rural Ditch Company has requested a 100-foot wide easement for maintenance purposes.The applicant shall submit a signed copy of an agreement with or written evidence from the Rural Ditch Company which stipulates that ditch activities have been adequately incorporated into the design of the site and that ditch owners concerns have been mitigated. (Department of Planning Services) K. The plat shall be amended as follows: ,.—• 1) This development is within the MUD Area Structural Plan; therefore the applicant will be required to build the full urban residential roadway section specified (CODE Sec.26-2-80). The change of zone plat submitted by the applicant shows roadways with 50-foot right-of- way radii cul-de-sacs,which is not an accepted standard. Public Work's previously stated, "The MUD local residential road right-of-way shall be 60-feet in width,including cul-de-sacs with a 65-foot radius, and dedicated to the public." The applicant shall submit a revised change of zone plat showing roadway cul-de-sacs with right-of-way of 65-foot radii. The 60-foot roadway rights-of-way shall be dimensioned on the change of zone plat (CODE Sec.24-7-20). (Department of Public Works) 2) A typical section of the interior road shall be shown on the change of zone plat. The typical local roadway section shall be shown as two 12-foot paved lanes with 8-foot paved parking lanes. The cul-de-sac edge of pavement radius shall be 50-feet. Stop signs and street name signs will be required at all intersections. Public Works will not require sidewalk, curb and gutter for this development, since the developer has requested a gated community. (Department of Public Works) 3) The applicant shall add an "eye brow" at the mid-length of the Douglas Drive to accommodate fire vehicle requirements.The applicant shall provide written documentation verifying specifically that the roadway layout is acceptable to other appropriate referral agencies, especially the fire department of jurisdiction. (Department of Public Works) 4) The applicant must provide separation control between Pelican Shores Drive and County Road 26. Because the two roads are adjacent, some type of longitudinal traffic barrier (physical) must be employed for the safety of the public, and control access to Pelican Shores Drive. An alternative may be to adjust Pelican Shores Drive to the north, creating separation control and geometric roadway alignments. (Department of Public Works) PZ-1011 Pelican Shores PUD 6 5) The plat shall include Weld County's Right to Farm Statement as indicated in Chapter 22, Appendix 22-E of the Weld County Code. (Department of Planning Services) 6) The plat shall be amended to include the location of the trail along the river and south lake. (Department of Planning Services) 7) Lot 7, Block 1 is a non-buildable lot. The Lot shall be incorporated into the open space or adjacent lots. (Department of Planning Services) 8) All Lots within Block 1 shall be referred to by number only, the "a" shall be removed. (Departments of Planning Services and Building Inspection) 9) The flood plain (outline)from the LOMA, dated January 2nd, 2003, case number: 03-08- 0025A, shall be shown on the change of zone plat to show the extent of the hazard. (Department of Public Works) 10) The normal water surface elevations for both the north lake and the south lake shall be shown on the change of zone plat. (Department of Public Works) 11) The plat shall indicate all facilities located within the common-use area as approved by the Weld County Department of Public Health and Environment.(Department of Public Health and Environment) 3. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. Change of Zone PZ-1011 is from A(Agricultural)to PUD(Planned Unit Development)for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes as indicated in the application materials on file in the Department of Planning Services. The PUD will adhere to the uses allowed in the R-1 (Residential)Zone District except that no animal units will be allowed,the maximum lot coverage shall be 20%and the maximum building height shall be 35 feet.The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. All structures shall be constructed with the lowest floor elevation being one (1) foot above the 100-year flood elevation of 4810.4-feet as indicated in the LOMA, dated January 2, 2003, case number:03-08-0025A. A Elevation Certificate shall be submitted to the Weld County Building Inspection Department prior to the release of the Certificate of Occupancy unless waived by the Department of Planning Services or the Department of Building Inspection. (Department of Planning Services) C. The site shall be developed in accordance with the recommendation included in the Preliminary Subsurface Investigation report by Western Soils, Inc. dated October 18, 2002 including the possible use of a drilled pier foundation system. This is a result of extensive fill, which reflect disturbed soil conditions and properties. (Department of Public Works, Colorado Geological Survey) D. In accordance with the Preliminary Subsurface Investigation by Western Soils,Inc.dated October 18, 2002, special considerations should be given to the depth of any basement excavations on the South Pelican Shores site due to groundwater conditions throughout this area of development. (Department of Public Works) E. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within subdivision that are not maintained by the County. (Sheriffs Office) PZ-1011 Pelican Shores PUD 7 F. All landscaping within sight distance triangles must be less than 3 1/2 feet in height at maturity. Entry signage must be outside the sight distance triangles. (Department of Public Works) G. Water service shall be obtained from Central Weld County Water District and Little Thompson Water District. (Department of Public Health and Environment) H. Sewer service shall be obtained from the St. Vrain Sanitation District. (Department of Public Health and Environment) I. Permanent restroom and handwashing facilities shall be provided within easy access of the public gathering areas. (Department of Public Health and Environment) J. The recreational uses on the lakes will require compliance with the water quality standards of the Colorado Department of Public Health and Environment Swimming Pool and Mineral Bath Regulations. (Department of Public Health and Environment) K. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) L. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department,a fugitive dust control plan must be submitted. (Department of Public Health and Environment) M. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) N. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) O. A Home Owner's Association(s)shall be established prior to the sale of any lot. Membership in the Association(s) is mandatory for each parcel owner. The Association(s) is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) P. The Pelican Shores Homeowner's Association is responsible for maintenance and preservation of the bank of the St.Vrain Creek. The County will not assume responsibility. (Departments of Public Works and Planning Services) Q. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) R. No animal units will be allowed within Pelican Shores PUD. (Department of Planning Services) S. Oil and gas facilities within the subdivision must be fenced to avoid tampering. (Sheriffs Office) T. All signs shall adhere to the approved Sign/Landscape Plan. (Department of Planning Services) U. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning PZ-1011 Pelican Shores PUD 8 ,.1 Services) V. Building permits shall be obtained prior to any construction. A separate permit will be required for each structure. Building permits are required for structures such as bus shelters and entrance gates. (Department of Building Inspection) W. A plan review will be required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. (Department of Building Inspection) X. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently,the following codes have been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Y. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer.Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) Z. Building height shall be limited to the maximum height allowed per Uniform Building Code Table 5-B. Wall and opening protection and limitations shall be in accordance with Uniform Building Code Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with Uniform Building Code Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.(Department of Building Inspection AA. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements.Offset and setbacks are measured from the farthest projection from the building. An ILC(Improvement Lot Certificate) will be required for each building showing the building height as measured according to Chapter 23 of the Weld County Code as well as the offset and setback distances to property lines. The ILC, bearing the stamp of a Colorado registered engineer or the certification of a Colorado registered surveyor, will be required prior to the frame inspection. (Department of Building Inspection) BB. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100- year flood Plain. (Department of Building Inspection) CC. Use of the open space facilities is limited to residents of the subdivision and their guests. Recreational activities on the lakes shall include skiing, fishing and sailing. Should the Home Owners association wish to establish a swim beach or picnic area or sell memberships to non- residents, the Weld County Departments of Planning Services and Public Health and Environment should be contacted to establish the appropriate permitting process. (Departments of Public Health and Environment and Planning Services) DD. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) EE. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) PZ-1011 Pelican Shores PUD 9 FF. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) GG. The site shall maintain compliance at all times with the requirements of the Weld County Government. (Department of Planning Services) HH. No development activity shall commence on the property,nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) II. The applicant shall comply with Section 27-8-50 Weld County Code,as follows: Failure to submit a Planned Unit Development Final Plan- If a PUD Final Plan application is not submitted within two (2) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) JJ. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) ea. 4. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording within thirty(30)days of approval by the Board of County Commissioners.With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 5. At the time of Final Plan submission: A. The applicant shall submit evidence that the Office of the State Engineer, Division of Water Resources has approved Central Weld County Water Districts Water Supply Information Summary Form and that water is adequate to service the subdivision. (Division of Water Resources) B. The plat shall indicate all hydrants approved by Mountain View Fire Protection District. (Department of Planning Services) C. The applicant shall submit finalized covenants for Pelican Shores PUD. The covenants shall be approved by the Weld County Attorney's Office prior to recording the final plat. Covenants shall include language for river stabilization which shall be at the expense of the Home Owners Association. Further, the applicant shall incorporate comments made by the Colorado Division of Wildlife in a referral dated August 18,2002. (Department of Planning Services and Division of Wildlife) D. The Weld County Attorney's Office has indicated that the water agreements and sewer agreement are adequate for the change of zone. Evidence shall be submitted to the Department of Planning Services indicating finalized agreements have been approved by the Weld County Attorney's Office. (Department of Planning Services) PZ-1011 Pelican Shores PUD 10 E. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. (Department of Public Works) F. The applicant shall submit an on-site (Private) Improvements Agreement with the final plat application that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. (Department of Planning Services) G. The applicant shall submit an off-site (Public) Improvements Agreement with the final plat application that addresses all off-site roadway improvements, per compliance with Section 24-9- 10 of the Weld County Code. (Department of Planning Services) H. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. (Department of Planning Services) I. The applicant shall submit written evidence to the Weld County Department of Planning Services with the final plan application that all proposed street names and lot addresses have been submitted to the Mountain View Fire Protection District, the Weld County Sheriff's Office, the Weld County Ambulance Services Department and the Post Office for review and approval. (Department of Planning Services) J. The final plat shall include common mail/bus pick-up areas. Evidence shall be provided to Weld County Department of Planning Services from the applicable Post Office stating that this location meets their design standards and delivery requirements. Should a single pedestal mail box not be the preferred standard, written evidence from the applicable Post Office shall be provided stating the contrary. (Department of Planning Services) K. The applicant shall contact the St. Vrain Valley RE-1J School District, to finalize a bus pick-up location, shelter and an agreement for payment of cash in lieu of land dedication. Written evidence of compliance with all School Districts standards and requirements shall be submitted to the Department of Planning Services prior to recording the final plat. (Department of Planning Services) L. At the time of recording,the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services) 6. Prior to recording the final plat: A. The applicant shall submit evidence that USR-639 has been vacated for the portion of the site being developed. (Department of Planning Services, Colorado Geological Survey) B. Application materials indicate a water tap has been designated for watering landscaping. The applicant shall submit evidence that the water tap has been deeded to the Home Owners Association. (Department of Planning Services) 7. Prior to the release of any building permits: A. Street signs including address ranges shall be in place. (Mountain View Fire Protection District) B. The applicant shall submit an eight and one-half inch by eleven inch map showing street configuration,street names,hydrant locations and addresses of the lots to the Mountain View Fire Protection District. (Mountain View Fire Protection District) PZ-1011 Pelican Shores PUD 11 r 8. Prior to construction: A. All single-family residences shall have a legible address that is clearly visible from the street fronting the property.The address numbers shall contrast with their background.(Mountain View Fire Protection District) PZ-1011 Pelican Shores PUD 12 06/05/2003 Tilt 14:18 FAX 12013/036 Columbine Land Resources, Inc. June 5, 2003 Transmitted by Fax to 970.304.6411, 1 page total Pam Smith Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 Re: Pelican Shores — Case No. PZ-1011 Dear Pam: We are in receipt of your memorandum dated September 19, 2002 regarding the above-referenced application. The activities that will occur on the Homeowners - Association-owned lakes, will be water siding, fishing and limited sailing. We have depicted the common boat ramp on the Change of Zone Map (dated April 3, 2003). At this time we do not anticipate a swim beach or picnic area as the residents of the lots and their guests will be the only users of the lakes. Obviously each house will have public water and sanitation provisions, consequently; it is not anticipated that additional facilities will need to be provided. Should this concept change in the future, we will remind the lot owners and the Homeowners Association that additional Health Department requirements might be applicable. I hope that you find this information acceptable. Please do not hesitate to contact me should you have questions. Sincerely, Doug Tiefel cc: Sheri Lockman w/ Weld County Department of Planning Services Dale Charles Bob Grubb Doug Tiefel, President 1.O. Box 17130 - Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 E-mail: CLRcoloradonu.aol.com 06/05/2003 THU 14.15 FAX ?001/036 Columbine Land Resources, Inc. June 5, 2003 3 (. Transmitted by Fax to 970.304.6498 and E-mail to Slockman@co.weld.co.us -fi pages total Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: Pelican Shores - Change of Zone Dear Sheri: Thank you for your telephone call this morning. Per our conversation, we are offering the following additional information for your review and our file: 1, Copy of letter dated June 5, 2003 to Kenneth Knox of the Division of Water Resources along with copy of Agreement dated March 18, 1986 between landowners, J Bar B, Inc. and the Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District; -2. Copy of letter dated June 5, 2003 to Pam. Smith with the Weld County Department of Public Health and Environment; 3 Copy of*assigned Pipeline Relocation Agreement between Douglas A. Tiefel and Duke Energy Field Services, LP, which we believe has been recorded; 4. Copy of Musi€ned Right-of-Way Grant between River Runs Through It, LLC and United Power, Inc., which we also believe to have been recorded; 5. We have a draft of a Surface Use Agreement with Kerr-McGee Rocky Mountain Corporation. We will provide you with a copy of that Agreement early next week 6. Copy of the recorded Access Easement dated March 14, 2003 between River Runs Through It, LLC and Tri-State Generation and Transmission Association, Inc.; Page 1 of 2 Doug Tiefel, President P.O. Box 17:30 - 3oulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 E-mail: CL,Rcoloradc aoi.corn r 06/05/2003 THU 14:15 FAX ?002/036 7. We have previously requested from Jill Carlson of the Colorado Geological survey a letter of acceptance of our subdivision soils report; we still have not yet received her letter. Upon our receipt, we will provide you with a copy. 8. Copy of Receipts for Certificates of Mailing of the Notice of Public Hearing to all mineral owners; and 9. We are hereby requesting Weld County's approval for Administrative Review of our Final Plan. We hope that you fmd all of this information acceptable. Please contact me with any questions you may have. I will look forward to making a presentation at the Planning Commission Public Hearing on June 17. Thank you for your continued assistance. Sincerely, Doug Tiefel Enclosures cc: Dale Charles Bob Grubb Page 2 of 2 Doug Tiefel, President P.O. Box 17130 • Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 E-mail: CLRcoioradcQaoI.com rn\ ,^ 6kirl MEMORANDUM TO: Weld County Planning Commission COLORADO DATE: June 9, 2003 FROM: Sheri Lockman, Planner II SUBJECT: PZ-1011, a Change of Zone from A(Agricultural)to PUD for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes. (Pelican Shores) The Department of Planning Services is requesting a continuance of PZ-1011 to July 15, 2003 for the following reasons: The Division of Water Resources has indicated that they have not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. The applicant has not submitted a finalized agreement with Duke Energy for the relocation of a pipeline. The applicant has not submitted a finalized right-of-way agreement with United Power. The applicant has not submitted a finalized agreement with Kerr-McGee Rocky Mountain Corporation. Kerr-McGee operates two natural gas wells and wishes to locate a third on the property. They also operate a high pressure natural gas pipeline that traverses the property. Kerr-McGee has indicated in a letter dated June 6, 2003 that until the proposed plat accommodates their present and future use of the surface to access its minerals, or a surface use agreement is entered into between the parties which adequately address such use, they object to this proposed development. They have requested that the Weld County Planning Department delay any public hearings with respect to this development until this issue can be resolved. Referral responses from the Colorado Geological Survey and Weld County Department of Public Health and Environment were not received in time for staff to incorporate conditions into staff comments and complete a staff review. 440tw MEMORANDUM W IWise TO: Weld County Planning Commission COLORADO DATE: September 9, 2002 FROM: Sheri Lockman, Planner II SUBJECT: PZ-1011 PUD Change of Zone The applicant, Doug Tiefel and the Weld County Department of Planning Services are requesting an indefinite continuance of PZ-1011, Pelican Shores Change of Zone. The continuance will allow the applicant additional time to address issues including, but not limited to, flood plain, oil and gas utilities and emergency road easements. 09/11/02 WED 14:52 FAX fU001 Columbine Land Resources, Inc. September 10, 2002 • Transmitted by Fax to 970-304-6498 Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: PZ-1011 PUD Change of Zone Dear Sheri: We respectfully request a continuance of our hearing in order to address some of the referral comments. Thank you for your assistance. Sincerely, Doug Tiefel ,� Doug Tiefel, President P.O. Box 17130 • Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 JUN. 6.2003 3:41PM HSRESOURCES NO.409 P.2/3 Nfries KERR-MCGEE ROCKY MOUNTAIN CORPORATION 1999 PROAPWAY,9uITE 9800 • ORNVER,COLORADO e0202 June 6, 2003 PHONE; 9033903000 FAX; 903+!903901 Delivered via Facsimile and U.S. Mail Ms. Sheri Lockman Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 Re; Pelican Shores PUD Township 3 North,Ranee 68 West Section 36; S/2NE/4; SE/4 Weld County, Colorado Dear Ms. Lockman; This letter is written in response to our phone conversation this afternoon regarding the subject development. Kerr-McGee Rocky Mountain Corporation ("KMRMC") owns 100% of the oil and gas leasehold interest in the subjects lands. KMRMC currently operates two natural gas wells and associated production facilities on the property and has proposed to drill another well on the property to be located in the SWNE. In addition, Kerr-McGee Gathering LLC ("KMG" and together with KMRMC, "Kerr-McGee") currently operates a high pressure natural gas pipeline that traverses the subject property. Kerr-McGee has met with the surface owner/applicant, Mr. Douglas Tiefel, regarding his proposed Pelican Shores PUD. At this time,his proposed plat does not adequately address the rights of Kerr-McGee to develop the mineral estate. Kerr-McGee has proposed a draft surface use agreement to Mr. Tiefel which would address such issues, and he and I reviewed the agreement together for the first time this morning. Until the proposed plat accommodates Kerr-McGee's present and future use of the surface to access its minerals,or a surface use agreement is entered into between the parties which adequately address such use, please be advised that Kerr-McGee objects to this proposed development. We therefore request that the Weld County Planning Department delay any public hearings with respect to this development until this issue can be resolved. Kerr-McGee will continue to work with this applicant and is hopeful that a surface use agreement can reached in the near future. JUN. 6.2003 3:42PM HSRESOURCES NO.409 P.3/3 If you have any questions, please contact me at 720-264-2627. Very truly yours, Kerr-McGee Rocky Mountain Corporation ' ojrJ, Q eaux Landman cc; Douglas A. Tiefel Matt Miller—Kerr-McGee Gathering LLC Columbine Land Resources, Inc. January 31, 2003 Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: PZ-1011 - Request for Change of Zone from A (Agricultural) to PUD for lots with R-1 (Low Density Residential) Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes on a parcel of land described as part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Sheri: As you know, we have been working for the past several months addressing items regarding the Pelican Shores PUD. Please accept this additional information into our file for your review. 1. Weld County Public Works Department Comments — I am sure that you will remember our long telephone conference between yourself, Peter and Drew of Public Works, our Engineer, Jim Blankenship and myself on October 4, 2002. During that conference, it is our understanding that the following items were generally agreed upon: a) Improvements to County Road 13 are not necessary or justified based on our traffic study. However, we would agree to pay into a County Improvement Fund at time of issuance of building permits. We would convey the total of 65 feet of right-of-way to the County with the recording of our Final Plat (which would be '/2 of the total 130-foot right- of-way); b) Improvements to County Road 26 would be our responsibility for construction of a "'/a road section" consisting of 40 feet (which would be '/2 of the total 80-foot right-of-way) with details of construction to be determined with the final roadway plans. c) We will submit off-site roadway improvements agreements along with the final plat application; d) With respect to the internal roadways, you agreed to allow us to present our plan to the Planning Commission for private roads without a curb and gutter. We are desirous of having a 24-foot wide, asphalt-paved Page 1 of 3 Doug Tiefel, President P.O. Box 17130 • Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 road with adjacent, drainage ditches. With 193 acres of open space and only 40 lots and the fact that the lot areas are separated in two groups of 26 and 14 lots, we believe that a curb, gutter and sidewalk system is unnecessary. We are proposing a low-density residential change of zone and want to preserve the "rural atmosphere". By having gravel-based walking trails and all lots backing on the recreational lakes, we want to minimize the "urban standard". We will be prepared to provide examples of other subdivisions that I have developed that are similar in concept. We will need two homeowners associations for architecture and landscape review; management of the lakes and open space with annual assessments and lien power for enforcement and collection. The responsibility of adding road maintenance would be minor and preferred since the future lotowners will also desire a private road with the standard we are proposing. We could add language to the notes of the recorded Plat, Development Agreement and Covenants indicating that the responsibility of road maintenance is with the homeowners associations and not with Weld County. e) The Mountain View Fire Protection District has previously provided a letter of acceptance for the maximum length of each proposed road. I would like to discuss the emergency access for Douglas Drive with you when we meet. f) Revisions to the Change of Zone Plat Map and Site Plan Map have been made according to the original comment. 2. We have received final approval for the Flood Plain Amendment from FEMA. A copy of their final approval is enclosed for your review and files. 3. With respect to the additional Geotechnical Survey that was requested we retained the services of Western Soils, Inc. A copy of their subsurface investigation is included for your files. We have already sent a copy of the report to Jill Carlson of the State of Colorado Geological Department on October 24, 2002. 4. You requested a copy of our augmentation plan for the existing lakes. A copy of that Agreement dated March 18, 1986 between J Bar B, Inc. (the previous land owners) and Central Colorado Water Conservancy District is enclosed for your review and files. 5. I have been working with the Tri-State Generation and Transmission Association, Inc. for location of their proposed route on our property. We have reached an agreement on the route and easement width and are currently in the process of granting an easement. It's final location is being added to our Change of Zone Plat Map. 6. I have been working with Duke Energy regarding the relocation of their pipeline north of the St. Vrain River. An unsigned and unrecorded copy of that Agreement is enclosed for your files. The original Agreement has been signed and is being recorded. The new relocated easement will be added to our Change of Zone Plat Map. Page 2 of 3 Doug Tiefel, President P.O. Box 17130 • Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 ,.IN 7. We do not have a final agreement with Kerr-McGee as we have decided not to relocate any of their transmission lines north of the St. Vrain River. They have constructed a new well south of the River and it appears that an agreement may not be necessary. All of their existing transmission lines are shown as easements. 8. We have met with the Rural Ditch Company and they have requested a 100- foot wide easement 50 feet from the centerline of the ditch on both sides, for maintenance purposes. We have added that easement on the south parcel (along the west property line). 9. We also working with United Power and the Central Weld Water District to grant utility easements adjacent to the additional right-of-way that will be given to Weld County on the west side of County Road 13. I hope that you find all of this information acceptable and that we can move forward with a Planning Commission Hearing. We are eager to finalize the development review process. As always, I will make myself available for any meetings and for any information that you may desire. Thank you for your assistance. Sincerely, �- Doug Tiefel Page 3 of 3 Doug Tiefel, President P.O. Box 17130 • Boulder, Colorado 80308-0130 (303)665-9390 • FAX (303)665-0165 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 155FAX (970) 304-6498 5 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 6, 2003 Columbine Land Resources Inc c/o Doug Tiefel PO Box 17130 Boulder CO 80308-0130 Subject: PZ-1011- Request for a Change of Zone from A (Agricultural)to PUD for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes on a parcel of land described as part of the E2 of Section 36,T3N,R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 17, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex,4209 CR 24 Y2, Longmont,CO. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Firestone,Frederick and Mead Planning Commission for their review and comments. Please call Firestone at(303)833-3291, Frederick at(303)833-2388 and Mead at(970)535-4477for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of fifteen days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, AC2 r%/C'Z1VIL6141 -- Sheri Lockman Planner Kat DEPARTMENT OF PLANNING SERVICES PHONE (970)FAX (970) 304-6498 N. 17T H AVENUE COLORADO GREELEY, COLORADO 80631 July 19, 2002 Columbine Land Resources Inc c/o Doug Tiefel PO Box 17130 Boulder CO 80308-0130 Subject: PZ-1011- Request for a Change of Zone from A (Agricultural) to PUD for 40 lots with R-1 (Low Density Residential)Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes on a parcel of land described as part of the E2 of Section 36,T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for September 17,2002,at 1:30 p.m. This meeting will take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue,Greeley,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.' Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,ou'r office has forwarded a copy of the submitted materials to the Firestone,Frederick and Mead Planning Commission for their review and comments. Please call Firestone at(303)833-3291, Frederick at(303)833-2388 and Mead at(970)535-4477for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of fifteen days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, / Sheri Lockman Planner 06/05/2003 THU 14:21 FAX ,-. Z036/036 • SENDER:COMPLETE THIS SECTION COMPLfrC V'0S✓ECTION ON DELIVERY bo��� DD2 id 18 Sill • Complete rtoms 1,2.and 3.Also complete A. at r @ pSign s/2 '6. �¢l $ [',y'!I o reel/�. item 4 it Realdcled Delivery in tlasirad. X {x/ •O Agcnt o �1 p l r- p t Pdnt your name and address on me reverse /L ��I��V yyy���JJJ p Li ,8.. Q 9q H qy �+ rrS'P`'It"tl r4 H 3 so that we car rottrnte the card[o you. B.Received ny(Pdnred Name) pit ! ! \ • 3r ' m • Attach tills card t0 the back of!no miilppCE, (zf.]'�� � S a g m or on the front if space permits. ffff1114{{{Ott` •jy� x y5 t, -t7„ 1. /vl'Rlb AdfkneaW t0: D. Ndefo enerdleee damn,from item I? ❑Yee S8 ti 8 Y O If YES,enter delivery adds..below; 0 an y w r j D 2 'KeN1_ -�`\a floc r el - r EOat-LI-1 L.nti;iv.. ( t- 'o m c/c-• 370v.. (�JLoJ.A-M-� .a — N m I SI R G —1lKY�� #_='' ^)/� " •'. 3 . -I T��� _ /� .D'�.'j� ��� ��In!r`- 3. Bence Type i2A IU.8.A 1 L'� deadly Certified Mae - tile. 0 express Marl O❑Registered ❑Rohm RaCPlplh/MPICt1enQBe ya r� iJ p ❑Ineurod Meil 0 C.D.D. \ a A. Restricted Delivery?(Ere Fes) 0 yes `n C \ ,w ip 2 Adios Number b' — man, ) 2COC 0 G9 D 000 59,q 8 -s I a'' � rw rrom sarvrcd anal . PS Form 3811,MOUSE 2001 Domestic Return Receipt IMOSODEM-0416 o 4 SEN. i0 I tp9>� fl "Gaff LETS THIS SECTIPN COMPLETE THIS SECTION aN.ELI✓E . - • Complete items 1.2,and 3.Also complete A. Sp Item 4 If Re;tneted Delivery is desired. 0• Print your name and address on the reverse X 9Addre 7002 086❑ 0002 3298 5145 so that wo can return the card to ma 4 Addressee • Attach this card to the back of the mellpieco, B. slued by(- sled Name C. Date of Delhyry 2l o6.; 3 sy _ or on rho front 11 apace permts. 9¢ 9 4 ❑m� 1. Anlcb Mdrested 1D: O.Ie delivery addfees different rfon.Ilml t1 0 r +I `� 3 = _ v t WY ,ant. . ry address below: ❑No I2<,4��ca I�Lx..$•e,nd /c� pl P i r & �it 8 e`'YI mL —PO -i vYvs9 .;,- 'iJ 3 : a • �• sO ' ^' W _ F3w oils ��c?u.4 y{L GUC-w,@'o Sett 1i 3. Type '. Iy1I L. t . za ".v-,Y�' •Berms men .4 i .. :+ "' n m O Reg C Return Receipt ter Merchandise ❑insured Moll ❑C.O.D. i t .•• N. e?7 v Dt -D 4. Restricted DN;vayl(EHra Fee) I 7 .n ~ . 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RoslrkYd Oo wry>pavans) ❑rc. l a, L 2 Nikle Number \u I r J - _ -C A a � s, i i • PS Form 3811,August 2001 Deornentk Return Receipt Ipmaa,aa.MueB1 11/0 = r • Complotc hems 1,2,and 3.Ala°complete A.Slone -- ,^ 3 7 tom 4 if Restricted Delivery is desired. I, /l` CI giant .11\ r r• r. = • Print your name and address on the reverse l _ ❑nddrr-.me-lj 1+. a�j.�I�� �, ' so that we can return the card to you. ,Received by(P/Nrad Nana) c Date of Delivery Y 0 " a Attach this card to the back of the mailpicce. '� 0 or on the front if space permits. —_G' \ ��c;.• °��' D.a Savory address diflaenl hon item 17 Yes L Article Add'essed for If YES,enter delivery addax,below: 0 Na 5 It dk L.LAJ. ) L.a-ap- C/ ✓- • r. lY- Pse a. 4. C: .4.:vim ,tYv ea<Jawl_u12— �+ ' c t r n 3) 3 S Y`x''�),rt-'a- �Z ,1 9. 3erNca Type ,., ❑certified M,aa ❑Exproa Mall c n PtU9n , l U'�� '� 0Registered 0 Retro Receipt for Marchandue J s u E 'S'L ti Y1 0 netted Mat 0 C.O.D. S t .$�\ 4. Resealed 0o veryl fErta F) 0 Yea m� - IS le Ir CI AnlCle NWnbtr \\ (�/ `,r,-` _ ,' �t) . ;- 2. 4tIW - ! ()yonder from awoke*NO ��.�U CY �� O IlJ U ��/<-v D. . �I Ad`- ..• 5� w el C 1q. • PS Form 3811,Aupuat 2001 Domestic Return RaCelpl 102S00.02-M4 3435,c-If lOC.LJ6 �'OA ,. PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: 11, . ac) ,2003 . THE SIGN SHALL BE POSTED ADJACENT TO AN VISIBLE F M A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FORASPECIAL REVIEW OR CHANGE OF ZONE IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE P2-JO ji . THE SIGN WAS POSTED BY: r- Voneen wiacklin NAME OF PERSON POSTING SI N i_ 44101Th-el° ) SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO ) )ss. COUNTY OF WELD ) p' SUBSCRIBED AND SWORN TO ME THIS I DAY OF gyl-W/ , 2003 c Alit)t) a Luab (Arne NOTARY PUBLIC MI • PIRES: / •a9` c72006-> THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. '•,�1 -; •, ' 1, - ; /) , ` % 1 t\ , ! S , vd 2- i hh; • - i• 3, �' 1 '', q fl NOTICE c.b'..g •- .I - ;:, A PUBLIC HEARING CONCERNING , 1 . ' -..a. ... ,' THIS PROPERTY WILL BE HELD AT: f t ' • i I , • r 1• 'rt I ` ' 1 �etrii' I!1 v'', 'i ON `�UnC- 17 , 2003 AT . ar.. lcfJ/&ktr�U;SVnr9.i LL.e q. it Y, ' NAME I , , , .•°' "'�' • REQUEST OF lcnc Fran Agncziw 11a • ' . ( S rAli C +' ! POD . y0 lots with Roi<i,i,, l (c_!)cc s `' it yt �' . , +Clr CASE NO. P2-fOII a'it.) ACRES ',: "`, N W � , � �, FOR MORE INFORMATION CALL • , h ' „ ; 1' ? h. ls',�i WELD COUNTY DEPARTMENT OF f" ' I .4- 1 ' PLANNING SERVICES AT i , , ' ; ; ' � ' : , 1 ( 970 )353 -6100 ext . 3540 -II." • . Y_ t�� - • rr \J y 6 F - - t) .. .' .-.2.^ I. : . • . . 1—__."“: 1 : li _ ...... , td.ii. ._:: . NI \ 1 .‘ ' - - .1 *I I. .. is 1.111 i ''• � r : , ,,,,fiii.i. , '" Lla •• ! .� • • '4• : 1°(h: • e •I , /i , ' 'V • f; +,s'• !( fit, • • - ' I • ; ; i1 . r • j t . } t• 'I '•% •i r i� lY . t •4 • 1 1 4 f.:i $\‘., a _ _ ..a. a.I12r .IS..C2r rrAlirferl aw‘-' _ �.;lee" - r . r _ F i - . . .. L a r _ r _ - . .._� ` .• • - — .e„,_. T " . - �- �.:Jr.�"` _�`� • :e"' ~ r o r+C ~ . 0,--"c-** . µ'•', w -.r. ...rt. • A j Kim "Q�y�y -,•:." -eak.. I�iG <..vq.� .Jac- fie•--.f .r1 Y _ '�r . ~ ♦ 'yam` • -7C .,� t. Jl S^�4� .'Y �,.. • • v �. r��♦ - it i yew~• - __sd_ y�,l lj•ice — .♦ ` 7 f✓ , ♦ _ fit i� ' • — _ . ,:,. WO .L. . �_i- ., -. - _ +-'s-` -` " — .. 1 . ZF�r_- _Sr". mss+-..Z' +. �` �� ti 't1 .4 � : • r �. •24,, , l l �' r `� � - 1. •� _ `•-p ` '.'O'er ' . - ~ • s -T` 1. f, -`j.......:-.i. .' '7:ta } - 'a— --: t�Tr -• . .� . . - •: i r � r ue • :s '— }�'` . n 4. • - • • • ::� ; s n • kg... 1%: 4. - •, e > G • �.,J\ y . wr A. " i4.,' rel. Y. .. / a. • �•..., ' f• M1- .yamJ Fl . • ?: .C •`t A Y - • • • .1 • \: 2 ��. fir. r • � f( � • i may ' . �`�� vr' l _ - . � _ fie _ 1 ii . 41 Wit.. i _ , • • - wnsui90 ' . -..a I r , r `�� ' . - - ` . ' `- --. -.-..` ••Y%% ._�.-- .tom 1 • `' ...rte J• � t ) t t.. y . ; z , fYti • , y � J J fJ01/4r ? t_i - r.` .t 5+.• 41j -1 - r - h4��'SS:^-�f t _ {�= i � s -.• a., .�.. . .:y.f.ly �• . -ij;;` �„ wai T i. � �' • ' / 1'- �•�,• •', ' • • - - - _ .. " - - + h .. re L , • • • , . • ' t s�„ - ? :C / -• �. - - ` ` - _ . - ' . " .`l. , - •w • J.• • • Arc 'VFW le - r • . . gut <-- :96R"�',�'.Cr•-•aP c�• � :'� - ;, sa `� - �v - -•t '_ .....rill .' -.. _ 'p r� FIELD CHECK CASE NUMBER: PZ-1011 DATE OF INSPECTION: 7/-3i APPLICANT'S NAME: Doug Tiefel/River Runs Through It, LLC-Pelican Shores PLANNER: Sheri Lockman REQUEST: Change of Zone from A (Agricultural) to PUD for 40 lots with R-1 (Low Density Residential) Zone Uses along with 193 acres of open space consisting of a river corridor and two private recreational lakes. LEGAL DESCRIPTION: Pad of the E2 of Section 36,T3N, R68W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to WCR 26 and west of and adjacent to WCR 13. LAND USE: N '>-s' E C .?/v o!/.rr S f/o<&m,r r., 0N' f li2.�A y�` W /»ice'/W, c O��il/ A, .e a ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: L.9i1/2, /J fora/ oil/ 77-p- S'/2 E✓' aT n"/✓2 y.9s' <5 r v' /J2-/✓,Z-a u T--Z A-7/✓2),r /mot/ ZK ar,"?... , YoX' f�i .E'/'/9G .z_'-�✓rofi S ✓N772-9f. T't W'—y.P E7-0 ivo 7- /29�.dc, ?2c.� P.C. Member G-- FIELD CHECK inspection date: May 20, 2003 CASE NUMBER: PZ-1011 APPLICANT: Doug Tiefel/River Runs Through It, LLC LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 26 and west of and adjacent to County Road _ Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Mining S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: Mining is almost complete on the site. Some pasture grass has started to come in per the reclamation plan. The rip rap that has been placed along the riverbed is very well concealed by landscaping. ( (%✓l`YPAfl' �7 Sheri Lockman , Planner II Hello