HomeMy WebLinkAbout20033152.tiff NEW ADDITIONS TO STAFF COMMENTS
1. Prior to recording the Plat:
A. The applicant shall provide a deed or legal instrument identifying the correct legal for Tract F,
comprised of 274 acres.
B. The applicant shall address the concerns of the Weld County Health Departments letter
dated July 31, 2003, regarding placement of future septic systems
C. All plats with the exceptions of the construction drawing will be recorded.
D. The Dockmaster house and associated users shall be added to the Amenities Plan.
2. The Plat shall be amended to include the following notes and modifications:
A. All plats shall be modified to show the dimensions of the oil and gas pipeline easements.
B. All plats shall be redrawn at a 1:200 inch scale.
C. All plats shall be relabeled with the oil and gas set back circles using the same language.
D. All plats shall be revised to show the correct number of acreages associated with Filing
Two.
E. All plats shall be revised to eliminate previous notes no longer valid on the plats.
F. All plats shall be revised to show a consistent and legible legend.
G. All plats shall reference any oil and gas encumbrances including set back rings, lines and
future drill sites, and enlarged well area locations.
H. All plats shall be redrawn to identify the same oil and gas setback, and building envelope
areas.
All plats shall be redrawn to identify only one lot 394
J. The Wildlife Habitat buffers and setbacks shall be labeled and shall meet the
requirements of the Environmental Assessment, dated December, 1996.
K. No development associated with Beebe Draw or the Metropolitan District will occur in
Section 15.
L. Perimeter fencing of homesites or lots will be limited to a maximum of 5 percent of the
total lot area adjacent to or around the main dwelling and parking areas. Up to an
additional 5 percent of the lot area may be fenced or a corral or paddock.
M. Fifteen (15) trees shall be planted on each lot in accordance with the Environmental
Assessment, dated December, 1996.
N. Lots 2,3,9,10,12,22,24,30,46,60,63,67,89,103,104,106,107,113,114,115,116,117,119,
2627168,171,180,181,201,203, 204, 208. 229, 230, 232, 244, 246, 250, 253, 258, 265,
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270, 272, 273, 274, 275, 276, 277, 281, 286, 306, 308, 309, 310, 311, 312, 313, 314,
316, 317, 319, 320, 321, 322, 323, 324, 325, 328, 329, 330, 331, 333, 334, 335, 352,
359, 361, 370, 371, 387. 390, 391, 392, 393, 394, 395, 397, 398, 399, 400, 404. 405,
406, and both the school and fire district lots are influenced by oil and gas activities and
shall adhere to the conditions and standards of the Oil and Gas surface agreement
signed effective August 1, 2003.
O. Weld County will not take responsibility for inaccurately identified building envelopes.
EXieffr
2 2003-3152
VALLEY CANAL SOUTH INTO LAKE CHRISTINA ON THE PROPERTY, AND THEN BACK NORTH AS
PART OF THE GILMORE DITCH. THE GILMORE DITCH FLOWS OUT OF THE MILTON RESER-
VOIR IN A NORTHERLY DIRECTION.
LAKE CHRISTINA AND SEVERAL OTHER PONDS ARE LOCATED TO THE NORTH OF MILTON
RESERVOIR. THEY TOTAL APPROXIMATELY 15 ACRES AND ARE RELATIVELY SHALLOW.
PROPOSED CONCEPT
BEEBE DRAW FARMS AND EQUESTRIAN CENTER IS A CAREFUL BLEND OF RECREATION AND
RESIDENTIAL USES PLANNED SO AS TO MAINTAIN A DESIRABLE RURAL ATMOSPHERE. TO
INSURE THAT THE RURAL ATMOSPHERE IS MAINTAINED, WE HAVE SET ASIDE VAST AREAS
OF GREEN BELT AND TOTALLY INTEGRATED THE EXTENSIVE EQUESTRIAN TRAINING AND
EVENTING FACILITIES INTO THE REST OF THE PROJECT.
IT WOULD BE IMPOSSIBLE TO BY ITS ESSENTIAL NATURE, TO LOCATE THIS CONCEPT AD-
JACENT TO AN URBANIZED AREA BECAUSE OF THE NECESSARY LOW DENSITY AND AGRICUL-
TURAL NATURE OF THE PROJECT. (SEE STATEMENT (7 )
FOR THE EQUESTRIAN CENTER, IN ADDITION TO AN INDOOR ARENA, OFFICES, STABLES,
PADDOCKS AND VARIOUS TRAINING AND COMPETITION COURSES, IT IS ESSENTIAL TO
HAVE ADEQUATE SPACE FOR CONDITIONING . A MINIMUM OF EIGHTEEN (18) MILES OF
TRAILS OVER VARIED TERRAIN IS NECESSARY FOR THIS PURPOSE.
NO EQUESTRIAN FACILITY OF THIS SCALE IS CAPABLE OF GENERATING THE REVENUES
- NECESSARY FOR BOTH THE CONSTRUCTION AND MAINTENANCE. UNDER THIS PROPOSAL THE
DEVELOPERS WILL RECOVER THE COST OF THE LAND AND CONSTRUCTION OF THE CENTER
AND OTHER FACILITIES FROM THE SALE I . SIDENTIAL TRACTS. ALL FACILITIES ANO
EXHIBIT
LAND WILL BE TOTALLY DEBT FREE WHEN TURNED OVER TO THE HOMEOWNER'S ASSOCIATION
AT THE TIME OF THE COMPLETION OF THE FIRST FILING.
SINCE THERE WILL BE NO DEBT SERVICE ON ITS LAND OR IMPROVEMENTS, THE EQUES-
TRIAN CENTER WILL HAVE AN ECONOMICALLY VIABLE FUTURE UNDER COMPETENT
MANAGEMENT.
PROPERTY OWNERS WILL HAVE DIRECT GREEN BELT ACCESS FROM EVERY TRACT VIA THE
EQUESTRIAN TRAIL SYSTEM, TO THE MILTON RESERVOIR, A CLUBHOUSE AND RECREATION
CENTER, AND THE EQUESTRIAN CENTER ITSELF. THE NET EFFECT TO HOMEOWNERS WILL
BE THAT THEY CAN PURCHASE A MANAGEABLE SIZE TRACT AT AN AFFORDABLE COST IN A
RURAL ATMOSPHERE, WHERE THEY CAN OWN AND MAINTAIN THEIR OWN HORSE(S) WITHOUT
DIVERTING VALUABLE AGRICULTURAL LAND.
IT IS IMPORTANT TO RECOGNIZE THAT THIS PROJECT IS BEING PROPOSED WITHIN THE
INTENT AND GUIDELINES OF THE WELD COUNTY COMPREHENSIVE PLAN. SEE STATEMENT 07
THE PROPOSED BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROJECT IS UNIQUE TO WELD
COUNTY IN AT LEAST TWO RESPECTS. 1) IT IS THE ONLY PROJECT OF ITS KIND WHICH
WILL PROVIDE THE OPPORTUNITY (BECAUSE OF ITS LOCATION AND SIZE) FOR OVER
EIGHTEEN (18) MILES OF DEVELOPED HORSEBACK RIDING TRAILS. 2) COMPLETE
STABLING, TRAINING AND COMPETITION FACILITIES PROVIDED WITH EQUESTRIAN ACCESS
TO EVERY HOME SITE. (SEE EQUESTRIAN CENTER ())
)
IN ADDITION TO THE EQUESTRIAN RELATED FACILITIES, OVER 700 ACRES OF WATER
RELATED RECREATION WILL BE AVAILABLE TO RESIDENTS AND GUESTS UN MILTON RESER-
VOIR.
1401/4wd �elty e ir-el
J L Walter Consulting
114 E. 5th Street
Loveland,CO 80537
(970)613-2037
FAX (970) 203-1147
ETTER OF TRANSMITTAL
TO: (j.e�a `� as+-"-c "` S Dte: %/ 4/o3 Job No.
1 Attention: h'1 e v1/4.\C 0. CV\ li't 4
RE: t o e-C.e D - 9 \ 1 6
M''P
We are sending you ❑ Prints ❑ Preliminary Drawings ❑Final drawings
the following:
O Originals ❑Contract Plans and specifications O Change Order
❑Separate Cover Via
O
COPIES
V
i
These are transmitted as checked below:
❑ For Approval ❑ For review and comment ❑ Amend and resubmit
hR For your use ❑ No exceptions taken O For your signature
�❑ As requested O Make corrections noted O For bids due
REMARKS
C
xCOPY TO
SIGNED
++waw
PL0003
2003-3152
Large Map (FFa) Located in Back of File
Not Scanned
• MDnicCL coO
28 Procedures and Reauirements of the PUD District be Prau0
28.1 Intent. This Section establishes the review and application procedures and requirements for a
Planned Unit Development Sketch Plan, Change of Zone to a Planned Unit Development
District, and for a Planned Unit Development Plan. All proposed amendments and minor
modifications to an approved Planned Unit Development plan shall be subject to the procedures
stated in this Section. When applicable, the supplemental procedures of this Section shall also
apply. Ail applications for a Planned Unit Development District shall comply with the provisions
of Section 35. The Planned Unit Development District shall be subject to the requirements -
contained in Section 40, Suoplementary District Regulations, and Section 50,
Overlay Districts. I
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28.2 Preapplication Conference. Any person wanting to apply for a Change of Zone to a Planned
Unit Development District shall arrange for a preapplication conference with the Department of `]
Planning Services. The applicant shall submit a planned unit development sketch plan to the
Department of Planning Services for review, prior to the preapplication conference. The
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applicant shall submit the required information as stated in this section.
28.3 Sketch Plan Application Submittal. The following completed information, data, and maps are
required:
28.3.1 t Written documents.
28.3.1.1 The Planned Unit Development Sketch Plan application forms and
application fee.
28.3.1.2 A general statement describing the concept, land-use(s), and architectural
style of the Planned Unit Development project.
28.3.1.3 A general statement describing the size and type of any public and private
open space and semi-public uses, including parks, recreation areas,
school sites, and similar uses.
28.3.1.4 A general statement which describes: The approximate number and type
of residential units, approximate number, floor area, height, and type of
business, commercial, and industrial buildings and structures. The
approximate number and size of any open storage areas. An estimate of
the number of employees for the business, commercial and industrial uses.
28.3.1.5 A general statement describing the Planned Unit Development's source of
water and type of system.
28.3.1.6 A general statement describing the Planned Unit Development's type of
sewer system.
28.3.1.7 A general statement describing the Planned Unit Development's vehicular
circulation system of local, collector, and arterial streets. The general
statement should include: width of road rights-of-way, width of road
surface, width of borrow ditches, type of surface, off street parking areas,
loading zones, major points of access to public rights-of-way, and notation
of proposed ownership of the circulation system, public or private. ;Design
Standards for streets are listed in the Weld County Subdivision Orcinance.
20-54 ORDINANCE 89-HH, October 21, 1997
EXHIBIT
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Weld County road classifications are listed in the Weld County
Comprehensive Plan).
28.3.1.8 . A general statement describing any other proposed circulation systems or
trails, i.e., pedestrian, horse riding, runways, or taxiways.
28.3.1.9 A general statement describing the plan for drainage and storm water
management. Design Standards for Storm Drainage are listed in the Weld
County Subdivision Ordinance.
28.3.1.10 The soils classification and description of the classification for the subject
site. This information can be obtained from the Soil Conservation Service.
28.3.1.11 A general statement describing any water courses, water bodies, and
irrigation ditches within the Planned Unit Development site.
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28.3.1.12 A general statement describing any existing unique features within the
Planned Unit Development site, i.e., oil wells, tank batteries, irrigation ditch
headgates, railroad tracks, runways, buildings, structures, easements, and
rights-of-way.
28.3.1.13 A general statement indicating whether or not any unique natural features
exist on the Planned Unit Development site, i.e., wildlife areas or
vegetative cover.
28.3.1.14 A general statement indicating whether any commercial mineral deposits
are on the Planned Unit Development site.
28.3.1.15 A general statement describing any flood plain, geological hazard, and
airport overlay district areas within the Planned Unit Development site.
28.3.1.16 A general statement which describes the surrounding land-uses within
one-half(A) mile of the Planned Unit Development site.
28.3.1.17 A general description of the landscaping plan for the Planned Unit
Development site.
28.3.1.18 A general description of the proposed treatment of the perimeter of the
Planned Unit Development site, including materials and techniques to be
used, such as screens, fences, walls, berms, and other landscaping.
28.3.2 Sketch Plan Site Map
28.3.2.1 A drawing of the Planned Unit Development project at a scale of one inch
(1") equals one hundred feet (100'), or one inch (1") equals two hundred
feet (200'), composed of one or more sheets with an outer dimension of
twenty-four(24 by thirty-six (36) inches, showing the following information:
28.3.2.2 Name of the Planned Unit Development project.
28.3.2.3 Legal description of the Planned Unit Development site.
20-55 ORDINANCE 89-HH, October 21, 1997
28.3.2.4 Contour lines at ten (10) foot intervals.
28.3.2.5 Scale and north arrow. •
28.3.2.6 The proposed location of land-uses, including approximate acreage, gross
density, number and height of each type of residential unit; and
approximate floor area, height, and type of business, commercial, and I i
industrial buildings and structures. -
28.3.2.7 The proposed vehicular traffic circulation system.
28.3.2.8 The proposed location of any other circulation system or trails.
28.3.2.9 The location of any existing unique features within the Planned Unit
Development project, i.e., oil wells, tank batteries, irrigation ditches, water
bodies, railroad tracks, easements, rights-of-way, etc.
28.3.2.10 The approximate location of any proposed existing landscape features.
28.3.2.11 The general location of any flood plain, geological hazard, and airport
overlay districts within the Planned Unit Development project.
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28.3.3 Vicinity Mao.
28.3.3.1 The vicinity map shall be drawn at a scale of one inch (1") equals six
hundred feet (600'), composed of one or more sheets with an outer
dimension of twenty-four (24) by thirty-six (36) inches showing the
following items:
28.3.3.2 Existing zone districts within one-half (%) mile of the boundaries of the
Planned Unit Development project.
28.3.3.3 The existing uses within one-half('A) mile of the boundaries of the Planned
Unit Development project.
28.3.3.4 The existing street and highway system within one-half (%) mile of the
boundaries of the Planned Unit Development project.
28.4 PUD Sketch Plan Review and Conference. A Planned Unit Development Sketch Plan shall be
submitted prior to submittal of a Planned Unit Development District change of zone application.
The Department of Planning Services may take up to forty-five (45) days for its review of the
Planned Unit Development Sketch. After its review, the Department of Planning Services may
• schedule a conference with the applicant. The purpose of the conference is to familiarize the
applicant with the Planned Unit Development District change of zone procedures and advise the
applicant of any problems discovered during the review of the Planned Unit Development
Sketch Plan.•
28.5 PUD District Application Submittal. The following completed information, data, and maps are
required for a Planned Unit Development change of zone district.
28.5.1 Written Documents.
20.56 ORDINANCE 89-HH, October 21, 1997
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28.5.1.1 The PUD District application forms and application fee.
28.5.1.2 A statement describing the proposed PUD Concept, land-use(s), and
architectural style of the PUD.• 28.5.1.3 A statement which demonstrates the proposed PUD rezoning is consistent
with the policies of the Weld County Comprehensive Plan.
28.5.1.4 A statement which demonstrates how the USES allowed by the proposed
PUD rezoning will be compatible within the PUD District. In addition, a
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detailed description of how any conflicts between land-uses within the PUD
District are being avoided or mitigated and can comply with Section 35.3
28.5.1.5 A statement which demonstrates how the USES allowed by the proposed
PUD rezoning will be compatible with land-use surrounding the PUD
District. In addition, a detailed description of how any conflicts between
land-uses surrounding the PUD District are being avoided or mitigated.
28.5.1.6 A description of each business within the PUD. A description of ail
buildings, structures, and open storage areas, including size, floor area,
and height. A description of the type of residential units within the PUD,
including number of units.
28.5.1.7 A description of the size and type of an
and semi-public uses, includin Y public and private open space
g parks, recreation areas, school sites, fire
and sheriff substations, and similar uses.
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28.5.1.8 ' A description of the water source and system and a statement from the
representative of the provider of the water system which demonstrates that
the water supply quality and quantity is sufficient to meet the requirements
of the uses within the PUD District. A PUD district with residential USES
shall be served by a PUBLIC WATER system.
28.5.1.9 A description of the sewage disposal facility. If the facility is a sewer
system, a statement from the representative of the provider of the sewer
system utility which demonstrates that the disposal system will adequately
serve the uses within the PUD District.
28.5.1.10 A description of the functional classification, width and structural capacity
of the STREET and highway facilities which provide access to the PUD
District, If the street or highway facilities providing access to the PUD
District are not adequate to meet the requirements of the proposed district
the applicant shall supply information which demonstrates the willingness
and financial capability to upgrade the STREET or highway facilities in
conformance with the Transportation Section of the Weld County
Comprehensive Plan. This shall be shown by submitting, with the Planned
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Unit Development District application, a separate improvements
agreement describing the proposed road improvements and method of
guaranteeing installation of said improvements in conformance with the
Weld County Policy on Collateral for Improvements. The agreement shall
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be used for the purposes of review, evaluation, and compliance with this
section. No rezoning shall be finally approved by the Board of County
20-57 ORDINANCE 89-HH, October 21, 1997
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Commissioners until the applicant has submitted an improvements
• agreement or contract which sets forth the form of improvements and
guarantees and is approved by the Board of County Commissioners.
28.5.1.11 A soil survey and study of the site proposed for the change of zone with a
statement regarding suitability of soils to support all USES allowed in the
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proposed zone. If the soils survey and study indicate soils which present
moderate or severe limitations to the construction of STRUCTURES or
facilities on the site, the applicant shall submit information which .. -
demonstrates that the limitations can be overcome. This information will
be forwarded to the Colorado Geological Survey for evaluation.
28.5.1.12 If, according to maps and other information available to Weld County, the
Department of Planning Services determines that there appears to be a
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sand, gravel, or other mineral resource on or under the subject property,
the applicant shall provide a mineral resource statement prepared by a
certified geologist or other qualified expert. The statement shall indicate
the estimated quantity of resources and indicate the economic feasibility
of recovery, now and in the future, of the resources so that the Planning
Commission and Board of County Commissioners can determine whether
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a COMMERCIAL MINERAL DEPOSIT, as defined in 34-1-305(1) Colorado
Revised Statutes is contained on or under the subject properties. This
information will be forwarded to the Colorado Geological Survey for
evaluation.
28.5.1.13 If the proposed change of zone is located within a FLOOD HAZARD
AREA, identified by maps officially adopted by Weld County, the applicant
shall submit information which either documents how the Weld County
Supplementary Regulations concerning Flood Plains have been satisfied
or documents how the applicant intends to meet the requirements of the
Weld County Supplementary Regulations concerning flood plains.
28.5.1.14 If the proposed change of zone is located within a GEOLOGIC HAZARD
AREA identified by maps officially adopted by Weld County, the applicant
shall submit information which either documents how the Weld County
Supplementary Regulations concerning Geologic Hazards have been
satisfied, or documents how the applicant intends to meet the
requirements of the Weld County Supplementary Regulations concerning
Geologic Hazards.
28.5.1.15 Post a sign for the applicant on the property under consideration for a
Planned Unit Development Rezoning. The sign shall be posted adjacent
to and visible from a publicly maintained road right-of-way. In the event the
property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign shall 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 sign
shall be posted at least (10) days prior to the hearing.
20-58 ORDINANCE 89-HH, October 21, 1997
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28.5.1.16 A certified list of the names, addresses and the corresponding Parcel
Identification Number assigned by the Weld County Assessor of the
owners of property(the surface estate)within five hundred (500)feet of the
property subject to the application. The source of such list shall be the
records of the Weld County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records, or from the
records of the Weld County Clerk and Recorder. If the list was assembled
from the records of the Weld County Assessor, the applicant shall certify
that such list was assembled within thirty (30) days of the application
submission date.
28.5.1.17 A certified list of the names and addresses of mineral owners and lessees
of mineral owners on or under the parcel of land being considered. The
source of such list shall be assembled from the records of the Weld County
Clerk and Recorder, or from an ownership update derived from such
records of a title or abstract company or an attorney, derived from such
records.
28.5.1.18 Such additional information as may be required by the Department of
Planning Services, the Planning Commission or the Board of County
Commissioners in order to determine that the application meets the goals,
policies, and standards set forth in this ordinance and the Weld County
Comprehensive Plan.
28.5.2 Planned Unit Development District Plat
28.5.2.1 A PUD District plat shall be delineated in drawing ink on mylar(not sepias)
at a scale of one inch (1") equals one hundred feet (100') or one inch (1")
equals two hundred feet(200'), composed on one or more sheets with an
outer dimension of twenty-four (24) by thirty-six (36) inches, showing the
following information:
28.5.2.2 Certified boundary and tract survey of the parcel under consideration
showing all bearing and distances outside the perimeter boundary lines or
along tract boundary lines. The closure error of the survey may not
exceed 1:5,000.
28.5.2.3 Legal description, including total area involved, as certified by the
surveyor,
28.5.2.4 Title, scale, and north arrow.
28.5.2.5 Date of drawing.
28.5.2.6 The following certificates shall appear on the map:
28.5.2.7 Surveyor's certificate. •
28.5.2.8 Planning Commission certificate.
28.5.2.9 Board of County Commissioner's certificate.
20-59 ORDINANCE 89-HH, October 21, 1997
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28.5.2.10 The proposed location of land-uses by block, including block size in acres,
gross density, number, and height of each type of residential unit;
approximate floor areas, height, and type of businesses, commercial, and
industrial uses; and the location of common open areas, i.e., public parks,
school sites, and similar uses.
28.5.2.11 The proposed location of the traffic circulation system, including road
classification, right-of-way width, road surface width, and access to public
rights-of-way.
28.5.2:12 The location of any existing easements, rights-of-way, structures, and uses
within the PUD District including, oil wells, tank batteries, irrigation ditches,
water bodies, railroad tracks or dwellings.
28.5.2.13 The proposed location of any other circulation systems or trails within the
PUD District. •
28.5.3 Planned Unit Development District Vicinity Mao
28.5.3.1 A PUD District Vicinity Map shall be delineated in drawing ink on mylar(not
sepias) at a scale of one inch (1") equals two hundred feet (200'),
composed of one or more sheets with an outer dimension of twenty-four
(24) by thirty-six (36) inches, showing the following information.
28.5.3.2 An outline of the perimeter of the proposed PUD District.
28.5.3.3 Title, scale, and north arrow.
28.5.3.4 Contour lines at ten (10) foot intervals.
28.5.3.5 The identification of all zone districts within one-half ('/:) mile of the
boundaries of the Planned Unit Development District.
28.5.3.6 The identification of all uses within one-half mile of the boundaries of the
Planned Unit Development District.
28.5.3.7 The existing street and highway system within one-half ('/z) mile of the
boundaries of the PUD District, including road classification, right-of-way
width, and road surface width.
28.5.3.8 The location of any mineral resource areas within the proposed PUD
district.
28.5.3.9 The location of any GEOLOGICAL HAZARD areas within the proposed
PUD district.
28.5.3.10 The location of any Flood Hazard Area within the proposed PUD district.
28.5.3.11 The location of on-site detention areas to be incorporated in the storm
drainage systems, including notes indicating the approximate area and
volume of the facility.
20-60 ORDINANCE 89-HH, October 21, 1997
28.5.3.12 The location of any drainage ways within the proposed PUD district.
28.5.3.13 The location and identification of any landscaping plans for the perimeter
of the proposed PUD district.
28.6 Duties of the Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a Change of Zone to Planned Unit Development _
District. The Department shall have the responsibility to ensure that all application procedures
and requirements are met prior to any official action. The duties of the Department shall be:
28.6.1 . Planned Unit Development Rezoning Application. Upon determining that
the change of zone to a PUD District application meets the submittal
requirements of Section 28.5, the Department of Planning Services shall
institute the change of zone procedures in Section 21.4 of this Ordinance.
28.6.2 The Department of Planning Services shall provide a recommendation to
the Planning Commission concerning the disposition of the requested
change of zone to PUD District.
28.7 Duties of the Planning Commission. The Planning Commission shall hold a public hearing to
consider an application for a change of zone to a Planned Unit Development District.
28.7.1 Change of Zone to a PUD District.
28.7.1.1 The Planning Commission shall hold a hearing to consider the application
for the change of zone to a PUD District. The Supplementary District
Regulations, Section 40, and the Overlay Districts. Section 50 when
applicable, may also be reviewed concurrently. The Planning Commission
shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested change. Such
recommendations shall be made within sixty (60) days of the initial hearing
date. The Planning Commission shall recommend approval of the request
for the change of zone of a Planned Unit Development District only if it
finds that the applicant has met the applicable requirements or conditions
of Sections 28.7.2, 28.5, and 28.13. The applicant has the burden of proof
to show that the standards and conditions of Sections 28.7.2, 28.5, and
28.13 are met. The applicant shall demonstrate:
28.7.1.2 That the proposal is consistent with the Weld County Comprehensive Plan.
28.7.1.3 That the USES which would be allowed in the proposed Planned Unit
• development District will conform with the Performance Standards of the
Planned Unit Development District contained in Section 35.3 of this
Ordinance.
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28.7.1.4 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
the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities.
20-61 ORDINANCE 89-HH, October 21, 1997
28.7.1.5 That adequate water and sewer service will be made available to the site
to serve the USES permitted within the proposed Planned Unit
Development District. A PUD district with residential USES shall be served '
by a PUBLIC WATER system.
28.7.1.6 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 zone district.
In the event that the STREET or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and
financial capability to upgrade the street or highway facilities in
conformance with the Transportation Section of the Weld County
Comprehensive Plan.
This shall be shown by submitting, with the PUD District application, a •
separate proposal for off-site road improvements. This proposal shall
describe, in detail, the type of off-site road improvements to determine if
the requirement for STREET or highway facilities providing access to the
property has been satisfied. The method of guaranteeing the installation
of proposed off-site road improvements shall be described as part of any
off-site road improvement proposal. The method of guarantee shall
conform with Weld County's policy regarding Collateral for Improvements.
An off-site road improvement proposal shall be used for the purpose of
• determining compliance with this section.
28.7.1.7 That there has been compliance with the applicable requirements
contained in Section 21.5.1.5 of this Ordinance regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
28.7.1.8 The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information
contained in the official record, which includes the Department of Planning
Services case file, to the Board of County Commissioners within ten (10)
days after said recommendation has been made.
28.7.1.9 If the Planning Commission recommendation is conditional upon the
applicant completing certain specified items prior to the publication of the
notice for the hearing by the Board of County Commissioners, then the ten
(10) day period shall commence upon submission of the items by the
applicant to the Department of Planning Services.
28.8 Duties of the Office of the Board of County Commissioners. The Board of County
Commissioners shall hold a public hearing to consider an application for a change of zone to
a Planned Unit Development District. The Board shall not approve any PUD application without
written consent of the landowners whose properties are included within the PUD District.
20-62 ORDINANCE 89-HH, October 21, 1997
•
28.8.1 Chanae of Zone to a PUD District
28.8.1.1 Upon receipt of the Planning Commission's recommendation, the Office of
the Board of County Commissioners shall institute the procedures
* contained in Section 21.6.1 of this Ordinance.
28.8.1.2 The Board of County Commissioners shall hold a public hearing to
consider the application and to take final action thereon. The Board shall
make a decision on the application within sixty (60) days of the initial
hearing date. In making a decision on the proposed change of zone, the
Board shall consider the recommendation of the Planning Commission,
and from the facts presented at the public hearing and the information
contained in the official record, which includes the Department of Planning
Services case file. The Board of County Commissioners shall approve the
request for the change of zone to a Planned Unit Development District only
if it finds that the applicant has met the applicable requirements or
conditions of Section 28.5, and 28.8. The applicant has the burden of
proof to show that the standards and conditions of Sections 28.5 and 28.8
are met. The applicant shall demonstrate:
28.8.1.3 That the proposal is consistent with the Weld County Comprehensive Plan.
28.8.1.4 That the USES which would be allowed on the subject property will
conform to the Performance Standards of the Planned Unit Development
District contained in Section 35.3 of this Ordinance.
28.8.1.5 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
the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities,
28.8.1.6 That adequate water and sewer service will be made available to the site
to serve the USES permitted within the proposed zone district. A PUD
district with residential USES shall be served by a PUBLIC WATER
system.
28.8.1.7 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 zone district.
In the event that the STREET or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and
financial capability to upgrade the street or highway facilities in
conformance with the Transportation Section of the Weld County
Comprehensive Plan.
This shall be shown by submitting, with the PUD District application, a
separate proposal for off-site road improvements. This proposal shall
describe, in detail, the type of off-site road improvements to determine if
• the requirement for STREET or highway facilities providing access to the
property has been satisfied. The method of guaranteeing the installation
of proposed off-site road improvements shall be described as part of any
20-63 ORDINANCE 89-HH, October 21, 1997
off-site road improvements proposal. The method of guarantee shall
conform with Weld County's policy regarding Collateral for Improvements.
An off-site road improvement proposal shall be used for the purpose of
determining compliance with this section.
28.8.1.8 That there has been compliance with the applicable requirements ,
contained in Section 21.6.2.5 of this Ordinance regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site.
28.8.1.9 Upon the BOARD making its final decision, a resolution setting forth that
decision shall be drafted and signed. A record of such action and a copy
of the resolution will be kept in the files of the Clerk to the Board.
28.8.1.10 The Board shall arrange for the Office of the Weld County Clerk and
Recorder to record the resolution and, if the proposed change of zone to
a Planned Unit Development is approved, the rezoning plat. •
28.8.1.11 The change of zone to a Planned Unit Development District shall be
immediate upon the voting by the Board. However, no building permits
shall be issued and no DEVELOPMENT started within a PUD District until
a PUD Plan is adopted and recorded by the Department of Planning
Services.
28.9 Planned Unit Development Plan Application Submittal: An applicant may submit an application
for a PUD Plan provided that the Planned Unit Development Plan is located within an existing
Planned Unit Development District. A Planned Unit Development Plan may encompass all or
part of a Planned Unit Development District. The uses shall be identical to those located and
described on the Planned Unit Development District plat. The following completed information,
data, and maps are required unless waived by the Department of Planning Services.
28.9.1 Written Documents
28.9.1.1 A copy of a certificate of title issued by a title insurance company or an
attorney's opinion of the title which shall set forth the names of all owners
of property included in the PUD Plan. The list shall include all mortgages,
judgements, liens, easements, contracts, and agreements of record in
Weld County which shall affect the property in the Planned Unit
Development Plan. If the attorney's opinion or certificate of title discloses
any of the above then the holders or owners of such mortgages,
judgements, liens, easements, contracts, or agreements shall be required
to join in and approve the application before the Planned Unit Development
Plan shall be acted upon by the Board.
28.9.1.2 A certificate of title or an abstract of title covering all PUBLIC dedications.
When the applicant is to dedicate land for schools, roads, parks, or other
PUBLIC purposes, a letter of intent from the appropriate PUBLIC agencies .
stating that the dedicated lands will be accepted.
28.9.1.3 A warranty deed or other suitable document ready to execute which deeds
to the appropriate PUBLIC body all lands other than STREETS which are
to be held for or used for PUBLIC purposes.
20-64 ORDINANCE 89-HH, October 21, 1997
28.9.1.4 Certificate from the County Treasurer showing no delinquent taxes on the
.property of the proposed PUD Plan.
28.9.1.5 Certificate from a qualified engineer responsible for the design of the
utilities.
28.9.1.6 Copies of all deed restrictions, including those required by the Board of
County Commissioners to govern the future use of all land in the Planned
Unit Development site.
28.9.1.7 An Improvement Agreement According Policy Regarding Collateral for
Improvements. This form is provided by the Weld County Department of
Planning Services. The applicant must complete this form to show the
improvements that the applicant is required to construct and the type of
collateral which will guarantee installation of improvements.
If street or highway facilities providing access to the property were
determined adequate at the PUD District application stage because the
applicant proposed separate off-site road improvements in order to comply
with Section 28.8.8 of this ordinance, the following shall be submitted.
A separate off-site road improvements agreement proposal. The off-site
road improvement proposal shall describe, in detail, the type of off-site
• road improvements to determine if the requirement for STREET or
highway facilities will be adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the proposed zone
district. The method of guaranteeing the installation of off-site road
improvements shall be described as part of the agreement. The method
of guarantee shall conform with Weld County's policy regarding Collateral
for Improvements.
28.9.1.8 A statement which summarizes the total area of the PUD Plan. This
includes the total number of buildings and STRUCTURES of a particular
•
type expressed in units. The total amount of commercial and industrial
floor space in square feet. The total number of off-street parking spaces,
open storage areas and loading areas in square feet. Any other
• information or supporting documents requested by the Department of
Planning Services which summarizes the total area of the Planned Unit
Development Plan.
28.9.1.9 A statement describing how each BUILDING and STRUCTURE will be
used or operated. This includes the volume of business expected to be
conducted at any commercial or industrial establishment, the hours of
business of those establishments, the number of employees expected to
work in any commercial or industrial establishment, the• number of
DWELLING UNITS in each BUILDING, the number of parking spaces, and
any other information which would assist in determining the USES of the
BUILDINGS and STRUCTURES and the compatibility of those USES
within and adjacent to the Planned Unit Development.
•
20-65 ORDINANCE 89-HI-I, October 21, 1997
•
•
28.9.1.10 A statement which describes any proposed treatment, buffering or
SCREENING between USES, BUILDINGS or STRUCTURES in order to
achieve compatibility. A statement which describes the proposed
treatment of the perimeter of the PUD, including materials and techniques •
used, such as screens, fences, walls, berms, and other landscaping.
28.9.1.11 A statement concerning the location and the intended use of all public and
private open space and semi-public uses including parks, recreation areas,
• school sites, and similar uses.
28.9.1.12 A statement detailing how any common open space will be owned,
preserved, and maintained in perpetuity.
28.9.1.13 A copy of all covenants, grants of easements or restrictions to be imposed
upon the use of the land, BUILDINGS, and STRUCTURES. •
28.9.1.14 A Planned Unit Development Plan construction schedule showing the
approximate dates when construction of the DEVELOPMENT is proposed
to start and finish. This shall describe the stages in which the
DEVELOPMENT will be constructed, and the number of BUILDINGS or
STRUCTURES, and the amount of COMMON OPEN SPACE to be
completed at each stage.
28.9.1.15 A statement describing the method of financing for the Development. The
statement shall include the estimated construction cost and proposed
method of financing of the street and related facilities, water distribution
system, sewage collection system, flood plain protection, storm drainage
facilities, and such other facilities as may be necessary.
28.9.1.16 When a proposed STREET intersects a state highway, a copy of the state
highway permit shall be provided.
28.9.1.17 A copy of agreements signed by agricultural irrigation ditch companies
specifying the agreed upon treatment of any problems resulting from the
location of the ditch.
28.9.1.18 Geologic maps and investigation reports regarding area suitability for the
proposed PUD DEVELOPMENT. The maps and reports will be furnished
to representative of the Colorado Geological Survey Division for review
and evaluation.
28.9.1.19 A certified list of the names, addresses and the corresponding Parcel
Identification Number assigned by the Weld County. Assessor of the
owners of property (the surface estate)within five hundred (500)feet of the
property subject to the application. The source of such list shall be the
records of the Weld County Assessor, or an ownership update from a title
• or abstract company or attorney, derived from such records, or from the
records of the Weld County Clerk and Recorder. If the list was assembled
from the records of the Weld County Assessor, the applicant shall certify
that such list was assembled within thirty (30) days of the application
submission date.
20-66 ORDINANCE 89-HH, October 21, 1997
•
28.9.1.20 ' A certified list of the names and addresses of mineral owners and lessees
of mineral owners on or under the parcel of land being considered. The
source of such list shall be assembled from the records of the Weld County
Clerk and Recorder, or from an ownership update from a title or abstract
company or an attorney derived from such records.
28.9.1.21 A sign shall be posted on the property under consideration for the Planned
Unit Development Plan. The sign shall be posted by the applicant, who
shall certify that the sign has been posted for at least ten (10) days
• preceding the hearing date. The sign shall be provided by the Department
of Planning Services.
28.10 Illustrations.
28.10.1 Illustrations of the proposed architectural style for the Planned Unit
Development. The illustrations shall show layout, profile, computations,
and design detail of all BUILDINGS and STRUCTURES. In addition, the
materials, color, scale, and coordination of buildings and structures with
surrounding land-uses shall be described. The design objectives of the
PUD plan and architectural style must be clear and supported by a written
statement.
28.11 Maps
28.11.1 A utility plan map shall consist of a drawing of the Planned Unit
Development project at a scale of one inch (1") equals one hundred feet
(100') or one inch (1") equals two hundred feet (200') composed of one or
more sheets with an outer dimension of twenty-four(24) by thirty-six (36)
inches showing the following information:
28.11.1.1 A utility plan showing the easements for water, sewer, electric, gas,
telephone, and any other utilities within the PUD. Easements shall be
designed to meet the Weld County Subdivision Ordinance for easement
standards.
28.11.1.2 A utility service statement block shall appear on the map. The block shall
identify each special district, municipality, or utility company intended to
service the Planned Unit Development. The block shall include:
28.11.1.3 The name of the utility.
28.11.1.4 A dated signature and statement from the utility's representative indicating
one of the following: (1) Service is available, (2) service is available
subject to specific conditions, or(3) service is not available for the Planned
Unit Development. In the event number (2) is indicated, the specific
condition shall be described.
28.11.2 Plans, profiles and typical cross section drawings of STREETS, bridges,
culverts, and all drainage detention areas and STRUCTURES. These
STREETS, bridges, culverts and other drainage STRUCTURES shall be
designed and constructed to meet the requirements of the Official Weld
County Construction Standards and the Official Weld County Subdivision
20-67 ORDINANCE 89-HH, October 21, 1997
Ordinance. Pavement design computations and drainage design •
• computations shall also be submitted in accordance with the Weld County
Subdivision Ordinance.
28.11.3 A grading and drainage plan map shall consist of a drawing of the Planned
Unit Development District and project at a scale of one inch (1") equals
one hundred feet (100') or one inch (1") equals two hundred feet (200')
composed of one or more sheets-with an outer dimension of twenty-four
(24) by thirty-six (36) inches showing the following information:
28.11.3.1 A grading and drainage plan indicated by solid line contours superimposed
on dashed line contours of existing topography for the area of the Final
Plat. Such contours shall be at two (2) foot intervals for predominant
ground slopes within the tract between level and five percent (5%) grade
and five (5)foot contours for predominant ground slopes within the tract
over five percent(5%) grade. .
28.11.3.2 All watercourses on the property must be showh. In addition all Flood
Hazard areas must be delineated.
28.11.3.3 All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the stormwater
management system for the Planned Unit Development shall be
designated.
28.11.3.4 All irrigation ditches and laterals shall be shown.
28.11.3.5 All required on-site detention areas, including notes indicating the area and
volume of the facility.
28.11.3.6 All plans shall indicate the proposed outlet for the storm drainage from the
property, including the name of the drainageway (where appropriate), the
downstream conditions, and any downstream restrictions.
28.11.3.7 Drainage design computations shall be submitted in accordance with the
Weld County Subdivision Ordinance.
28.11.4 A landscape plan map shall consist of a drawing of the PUD District and
PUD Plan at a scale of one inch (1") equals one hundred feet(100') or one
inch (1") equals two hundred feet(200') composed on one or more sheets
with an outer dimension of twenty-four (24) by thirty-six (36) inches
showing the following information:
28.11.4.1 A landscape plan indicating the treatment of exterior spaces. The design
objective of the plan must be clear and supported by a written statement.
The plan must provide an ample quantity and variety of ornamental plant
species which are regarded as suitable for this climate. Landscape
treatment must be balanced with both evergreen and deciduous plant
• material with sufficient use of upright species for vertical control. Plant
material selection will be reviewed for adaptability to physical conditions
indicated by site plan locations. The landscape plan shall include the'
following:
20-68 ORDINANCE 89-HH, October 21, 1997
•
28.11.4.2 Extent and location of all plant materials and other landscape features.
• Plant material must be identified by direct labeling on the plant or by a
clearly understandable legend.
28.11.4.3 ' Flower and shrub bed definition must be clear and drawn to scale with
dimensions.
28.11.4.4 Species and size of existing plant materials.
28.11.4.5 Proposed treatment of all ground surfaces must be clearly indicated
(paving, turf, gravel, grading, etc.).
28.11.4.6 Location of water outlets. If areas of planting are extensive, plans for an
underground sprinkler system or suitable alternative will be required.
28.11.4.7 Plant material schedule with common and botanical names, sizes, ---
quantities, and method of transplant., Plants must be sized according to
the following table:
Type Size
Standard deciduous
trees 1-3/4"to 2" caliper
Small ornamental and
flowering trees 1-1/2" to 1-3/4" caliper
Evergreen trees 5' to 6' in height
Shrubs Adequate size to be consistent with design intent
28.11.4.8 All plant material must meet specifications of the American Association of
Nurserymen (AAN) for number one grade. All trees must be balled and
burlaped or the equivalent.
28.11.4.9 No building permit shall be issued for any building or any portion of a
Planned Unit Development until the landscaping required by the landscape
plan map is in place or an Improvements Agreement which complies with
the requirements in the Official Weld County Subdivision Ordinance has
been executed, guaranteeing said landscaping.
28.11.5 Final Planned Unit Development Plat shall be prepared according to the
following submission requirements. This map shall be in drawing ink on
mylar or other material acceptable to the Department of Planning Services.
The dimensions of the map shall be thirty-six(36) inches wide by twenty-
four(24) inches high, and prepared at a scale of one inch (1") equals one
hundred feet (100') or one inch (1") equals two hundred feet (200')
composed of one or more sheets showing the following information:
28.11.5.1 Title, scale, north arrow, PUD Plan application number and name. The
date of the drawing with adequate space for revision dates.
•
20-69 ORDINANCE 89-HH, October 21, 1997
28.11.5.2 Legal description including total area involved as certified by the surveyor,
and name and address of owner of record.
28.11.5.3 Outline of the proposed PUD Plan's perimeter, and a certified boundary
and lot survey of the parcel under consideration, showing all bearings and
distances outside the perimeter boundary lines or along the lot boundary
lines. When the parcel is bounded by an irregular shore line or a body of
water,the bearings and distances of a closing meander traverse should be
given and a notation made that the plat includes all land to the water's
edge or otherwise, On curved boundaries and all curves on the plat,
sufficient data shall be given to enable the re-establishment of the curves
on the ground. This curve data shall include the following for circular
curves: (1) radius of curve, (2) central angle, (3) tangent, (4) arc length,
and (5) notation of nontangent curves.
28.11.5.4 Lot area in square feet or acres if larger than one (1).acre, lot and blocks
delineated and numbered consecutively, existing and proposed future
street layout in dashed lines and existing streets in solid lines for any
portion of adjacent land not subject to the current Planned Unit
Development Plan Application.
28.11.5.5 Location and description of uses by block or lot, if different uses are
located within the block.
28.11.5.6 Location, description, and dimensions of all proposed and existing
commercial, industrial,and office buildings, structures, open storage areas,
streets, parking lots, common open space, signs, lighting, advertising
devices, and any other development, improvement or feature within the
PUD Plan's boundary.
28.11.5.7 Location and description of FLOOD and GEOLOGIC HAZARD AREAS.
28.11.5.8 Location and description of proposed SCREENING, buffering, and
LANDSCAPING.
28.11.5.9 Location and description of proposed sites to be reserved or dedicated for
parks, playgrounds, schools, and other public USES.
28.11.5.10 Location, description and dimensions of all existing and proposed utilities,
easements, rights-of-way, waterways and other drainage systems, and
any other significant features, as determined by the Department of
• Planning Services.
28.11.5.11 Parcels not contiguous shall not be included in one plat, nor shall more
than one (1) plat be made on the same sheet. Contiguous parcels owned
by different parties may be embraced in one (1) plat, provided that all
owners join in the dedication and acknowledgment.
28.11.5.12 The following certificate blocks shall appear on the plat and shall be
completed at the appropriate time. The certificates required are a
surveyor's certificate; a certificate of approval by the Planning
Commission; a certificate of approval by the Board of County
20-70 ORDINANCE 89-HH, October 21, 1997
Commissioners; and a certificate of dedication, ownership and
maintenance by parcel owners regarding COMMON OPEN SPACE,
dedication of rights-of-way, easements, and other public property interests
and maintenance thereof. •
28.12 Duties of the Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a Planned Unit Development Plan. The
Department shall have the responsibility to ensure that all application procedures and
requirements are met prior to any official action. The duties of the Department shall be:
28.12.1 Planned Unit Development Plan. The Department of Planning Services
shall ensure that a proposed PUD Plan is located with a Planned Unit
Development District. Upon determining that the applicant has met the
Planned Unit Development Plan submittal requirements in Section 28.9,
the Department shall institute the applicable procedures under Section
21.4 of this Ordinance.
28.12.2 The Department of Planning Services shall provide a recommendation to
the Planning Commission concerning the disposition of the requested
Planned Unit Development Plan.
28.13 Duties of the Weld County Planning Commission.
28.13.1 The Planning Commission shall hold a public hearing to consider a
Planned Unit Development Plan application. The Planning Commission
shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested Planned Unit Development
Plan. Such recommendations shall be made within sixty (60) days of the
initial hearing date. The Planning Commission shall recommend approval
of the request for the Planned Unit Development Plan only if it finds that
the applicant has met the applicable requirements or conditions of Sections
28.9, 28.10, 28.11, and 28.13. The applicant has the burden of proof to
show that the standards and conditions of Sections 28.9, 28.10, 28.11, and
28.13 are met. The applicant shall demonstrate:
�f 28.13.1.1 That the proposal is consistent with the Weld County Comprehensive Plan.
28.13.1.2 That the Planned Unit Development Plan conforms to the PUD District in
which it is proposed to be located.
28.13.1.3 That the USES, BUILDINGS, and STRUCTURES 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 the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
28.13.1.4 That there has been conformance with the Performance Standards
outlined in Section 35.3.
• 28.13.1.5 That there will be compliance with the Weld County Zoning Ordinance,
Section 50, Overlay Districts if the proposal is located within any Overlay
District area identified by maps officially adopted by Weld County.
20-71 ORDINANCE 89-HH, October 21, 1997
•
28.13.1.6 That there has been compliance with the submittal requirements of the
Planned Unit Development Plan, and that the Planned Unit Development
Plat and the supporting documents satisfy the legitimate concerns of the
• Planning Commission.
28.13.1.7 The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information
• contained in the official record, which includes the Department of Planning
Services case file, to the Clerk to the Board of County Commissiiners
within ten (10) days after said recommendation has been made.
28.13.1.8 If the Planning Commission's recommendation is conditional upon the
applicant completing certain specified items prior to the publication of the
notice for the hearing by the Board of County Commissioners, tKen the ten
(10) day period shall commence upon submission of the items by the
•
applicant to the Department of Planning Services. -
28.14 Duties of the Board of County Commissioners.
•
28,14.1 After receipt of the Planning Commission's recommendation, the Office of
the Board of County Commissioners shall:
28.14.1.1 Set a Board of County Commissioners' public hearing to take place not
less than thirty (30) days and not more than sixty (60) days after receipt of
the Planning Commission's recommendation, for consideration of the
' proposed Planned Unit Development Plan.
28.14.1.2 Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which
is published in the area in which the Planned Unit Development Plan is
proposed. The failure to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date of publication shall
be at least thirty (30) days prior to the hearing.
28.14.1.3 Arrange for the Department of Planning Services to post a sign on the
property under consideration for the Planned Unit Development Plan
according to the requirements of Section 21.4.2.5.
28.14.1.4 Give notice of the proposed Planned Unit Development Plan and the public
hearing date to those persons listed in the application as owners and
lessees of the mineral estate on or under the parcel under consideration.
Such notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. Such notice is not required by
Colorado State Statute and is provided as a courtesy to the owners and
lessees of the mineral estate on or under the parcel. Inadvertent errors by
the applicant in supplying such list or the Board of County Commissioners
in sending such notice shall not create a jurisdictional defect in the hearing
process even if such error results in the failure of a surrounding property
owner to receive such notification.
20-72 ORDINANCE 89-HH, October 21, 1997
•
28.14.1.5 Give notice of the proposed Planned Unit Development Plan and the public
hearing date to those persons listed in the application as owners and
• lessees of the mineral estate on or under the parcel under consideration:
Such notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. Such notice is not required by
Colorado State Statute and is provided as a courtesy to the owners and
lessees of the mineral estate on or under the parcel. Inadvertent errors by
the applicant in supplying such list or the Board of County Commissioners
in sending such notice shall not create a jurisdictional defect in the hearing
process even if such error results in failure of a surrounding property
owner to receive such notification.
28.14.1.6 The Board of County Commissioners shall hold a public hearing to
consider the application and to take final action thereon. The Board shall
make a decision on the application within sixty (60) days of the initial
hearing date. In making a decision on the proposed Planned Unit
Development Plan, the Board shall consider the recommendation of the
Planning Commission, and from the facts presented at the public hearing
and the information contained ih the official record, which includes the
Department of Planning Services case file. The Board of County
Commissioners shall approve the request for the Planned Unit
Development Plan only if it finds that the applicant has met the applicable
requirements or conditions of Sections 28.9, 28.10, 28.11, and 28.14. The
applicant has the burden of proof to show that the standards and
conditions of Sections 28.9, 28.10, 28.11, and 28.14 are met. The
applicant shall demonstrate:
28.14.1.7 That the proposal is consistent with the Weld County Comprehensive Plan.
28.14.1.8 That the proposed Planned Unit Development Plan conforms to the
Planned Unit Development District in which it is proposed to be located.
28.14.1.9 That the USES, BUILDINGS, and STRUCTURES 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 the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
•
28.14.1.10 That there has been conformance with the Performance Standards
outlined in Section 35.3.
28.14.1.11 That there has been compliance with the Weld County Zoning Ordinance,
Section 50, Overlay Districts if the proposal is located within any Overlay
District identified by maps officially adopted by Weld County.
28.14.1.12 That there has been compliance with the submittal requirements of the
Planned Unit Development Plan, and that the Planned Unit Development
Plan Plat and the supporting documents satisfy the legitimate concerns of
the Board.
20-73 ORDINANCE 89-HH, October 21, 1997
• No Planned Unit Development Plan Plat shall be recorded in the office of
the Weld County Clerk and Recorder and no building permit shall be
issued for the PUD Plan until the following has occurred.
The Board of Commissioners must approve all improvement agreements
guaranteeing the installation and type of improvements,• including a
separate off-site road improvement agreement if applicable. All
agreements must be made in conformance with the policy regarding
Collateral for Improvements.
28.14.1.13 After the Board of County Commissioners makes its final decision, a
resolution setting forth the Board's decision shall be drafted and signed.
A record of such action and a copy of the resolution shall be kept in the
files of the Clerk to the Board.
28.14.1.14 The Board shall arrange for the Office of the Weld County Clerk and ' -
Recorder to record the resolution and the proposed Planned Unit
Development Plan if it is approved. No building permits shall be issued
until the Planned Unit Development Plan has been recorded and a Site
Plan Review Application has been approved by the Department of
Planning Services.
28.15 Supplemental Procedures and Requirements.
28.15.1 Amendment to a Planned Unit Development District. Each approved
Planned Unit Development District is considered unique, and the USES
described by block and/or lot within a Planned Unit Development District
shall only be amended by applying for a change of zone to a new Planned
Unit Development District. These procedures are contained in Section
28.5 of this Ordinance.
28.15.2 Amendment to a Planned Unit Development Plan. Any request to make
a major change to an approved Planned Unit Development Plan shall be
processed as a new application for a Planned Unit Development Plan
under Section 28.9 of this Ordinance. This may include, but not be limited
to, requests for vacating ail or parts of an approved Planned Unit
Development Plan for the purpose of major redesign or major corrections.
The Department of Planning Services may waive application requirements
which do not pertain to the proposed major change to the PUD Plan.
28.15.3 Minor Modifications to a Planned Unit Development Plan. The Department
of Planning Services may approve minor modifications to a Planned Unit
Development Plan. The applicant shall prove to the Department that the
minor modification is required by engineering or other circumstances not
foreseen during the approval of the Planned Unit Development Plan. The
Department shall not approve a minor modification if that modification does
not conform to the Planned Unit District.
28.15.4 Correction to a Planned Unit Development Plat. The Board of County
Commissioners may, without a hearing or compliance with any of the
submission, referral, or review requirements of the Planned Unit
Development Plan regulations, approve a correction to a Planned Unit
20-74 ORDINANCE 89-HH, October 21, 1997
Development Plan if the sole purpose of such correction is to correct one
or more technical errors in an approved Planned Unit Development Plan
• and where such correction is consistent with its approved Planned Unit
Development District.
28.15.5 / ' Failure to submit a PUD Plan. If no PUD Plan application is submitted
J� within three (3) years of the date of the approval of the PUD District, the
Planning Commission 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 submittal of the PUD Plan. The Planning Commission
may extend the date for the submittal of the PUD Plan application and shall
annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Planning Commission determined that conditions or
statements made supporting the original approval of the PUD Zone District
have changed or that the landowner cannot implement the PUD Plan, the
Planning Commission shall recommend to the Board of County
Commissioners that the PUD District approval be revoked. If the Board
agrees after a public hearing, the Board may revoke the PUD zone district
and order the recorded PUD zone district reverted to the original zone
district.
28.15.6 Failure to Commence a Planned Unit Development Plan If no construction
has begun or no USE established in the Planned Unit Development within
one (1) year of the date of the approval of the Planned Unit Development
Plan, the Planning Commission may require the landowner to appear
before it and present evidence substantiating that the Planned Unit
Development project has not been abandoned and that the applicant
possesses the willingness and ability to continue the Planned Unit
Development. The Planning Commission may extend the date for initiation
of the Planned Unit Development construction and shall annually require
the applicant to demonstrate that the Planned Unit Development has not
been abandoned. If the Planning Commission determines that conditions
supporting the original approval of the Planned Unit Development Plan
have changed or that the landowner cannot implement the Planned Unit
Development Plan, the Planning Commission may recommend to the
Board of County Commissioners that the PUD Plan approval be
withdrawn. If the Board agrees after a public hearing, the Board may
revoke the Planned Unit Development Plan and order the recorded
Planned Unit Development Plan vacated.
•
28.15.7 Enforcement of the Planned Unit Development Plan. The Planned Unit
Development Plan's construction schedule and the maintenance of
COMMON OPEN SPACE shall be enforced as follows:
28.15.7.1 The construction and provision of all COMMON OPEN SPACE, public
utilities, and recreational facilities which are shown on the Planned Unit
Development Plan shall proceed at a rate which is no slower than the
• construction of residential, commercial or industrial BUILDINGS and
STRUCTURES. Periodically, the Planning Commission or its
representative shall compare the DEVELOPMENT to date with the
approved construction schedule. .
20-75 ORDINANCE 89-HH, October 21, 1997
•
28.15.7.2 All developments shall meet the requirements herein set forth and no final
• plan shall be approved that does not meet these requirements.
28.15.7.3 The developer shall submit a legal instrument setting forth a plan providing
for the permanent care and maintenance of open spaces, recreational
areas and commonly owned facilities and parking lots. The same shall be
submitted to the County Attorney and shall not be accepted until approved
as to legal form and effect. If the common open space is deeded to a
homeowners' association, the applicant shall file the proposed documents
governing the association. Such documents shall meet the following
requirements.
28.15.7.4 The homeowners' association must be established before any residences
are sold.
28.15.7.5 Membership in the association must be mandatory for each residence
owner.
28.15.7.6 Open space restrictions must be permanent and not for a period of years.
28.15.7.7 The homeowners' association must be made responsible for liability
insurance, taxes, and maintenance of recreational and other facilities.
28.15.7.8 The association must have the power to levy assessments which can
become a lien on individual premises for the purpose of paying the cost of
operating and maintaining common facilities,
28.15.7.9 If the organization established to own and maintain COMMON OPEN
SPACE, or any successor organization fails to maintain the COMMON
OPEN SPACE in reasonable order and condition in accordance with the
approved Planned Unit Development Plan, the following action may be
taken:
28.15.7.10 The Board of County Commissioners may serve written notice upon such
organization or upon the owners or residents of the Planned Unit
Development setting forth that the organization has failed to comply with
the Planned Unit Development Plan. Said notice shall include a demand
that such deficiencies of maintenance be cured within thirty (30) days
thereof. A hearing shall be held by the Board within fourteen (14) days of
the issuance of such notice, setting forth the time, date, and place of
hearing. The Board may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall be
rectified.
28.15.7.11 If the deficiencies set forth in the original notice or in the modifications
thereof are not rectified within thirty (30)days or any extension thereof, the
Board, in order to preserve the values of the properties within the Planned
Unit Development and to prevent the COMMON OPEN SPACE from
becoming a public nuisance, may enter upon said COMMON OPEN
• SPACE and maintain the same for a period of one(1)year. Said entry and
maintenance shall not vest in the PUBLIC any rights to use the COMMON
OPEN SPACE except when the same is voluntarily dedicated to the
20-76 ORDINANCE 89-HH, October 21, 1997
•
PUBLIC by the owners and accepted by the Board of County
Commissioners. Before the expiration of said one (1) year period, the
Board of County Commissioners shall call a public hearing to consider the .
necessity of continuing such maintenance for a succeeding year. Notice
of the hearing shall be given, in writing, not less than thirty (30) days and
not more than sixty (60) days prior to this hearing to the organization
normally responsible for the maintenance of the COMMON OPEN SPACE
and to the owners or residents of the Planned Unit Development. If the
Board determines that such organization is not ready and able to maintain
said COMMON OPEN SPACE in reasonable condition, the Board may
• continue to maintain said COMMON OPEN SPACE during the next
succeeding year, and shall be subject to a similar hearing and
determination in each year thereafter.
28.15.7.12 The cost of such maintenance by the Board shall be paid by the owners of
the properties within the Planned Unit Development that have a right of
enjoyment of the COMMON OPEN SPACE and any unpaid assessments
shall become a tax lien on said properties, pursuant to Section 24-67-105
of the Colorado Revised Statutes, as amended.
28.15.7.13 Monuments. Permanent reference monuments shall be set on the
Planned Unit Development according to the Official Weld County
Subdivision Ordinance and Section 30-51-101, et seq., of the Colorado
Revised Statutes, as amended.
29. FEES
29.1 Fees for all Land Use Permit Applications provided for in the Weld County Zoning Ordinance
shall be established by resolution of the Board of County Commissioners in conjunction with a
hearing process that will consist of a ten (10) day public notice prior to the Board of County
Commissioners' hearing. Notice of said hearing is to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices.
29.2 Review fees charged by a state agency for the review of any Land Use applications shall be
made payable, by check or money order, to the State reviewing agency in the amount set by
State law. The fee shall be paid at the time the application is submitted for consideration by the
County. Failure to pay said fee shall result in the Land-Use Application being considered an
incomplete application and will not be assigned a case number or hearing date until the fee is
paid.
•
29.3 If the County does not have qualified staff to review certain elements of a proposal or referral
agencies are not able to adequately advise the County regarding certain elements of a land use
application, then the Board of County Commissioners may authorize that the review be
performed by a qualified outside consultant engaged or approved by the Director of the
Department of Planning Services and the reasonable costs of this review shall be paid by the
applicant, as determined by the Board of County Commissioners. No approvals or conditional
approvals will be granted by the Planning Commission or the Board of County Commissioners
until the consultant's fee has been paid by the applicant after proper billing.
20-77 ORDINANCE 89-HH, October 21, 1997
•
29.4 Investigation Fee. An additional investigation fee shall be added to the cost of the permit
application when specific land, USES, BUILDINGS, MOBILE HOMES, MANUFACTURED
HOMES, and STRUCTURES that require a permit by this Ordinance are located, moved,
operated, or constructed prior to obtaining a permit. The investigation fee shall be 50% of the
fee established by separate action by the Board of County Commissioners for land-use
applications. In no event shall the investigation fee exceed an amount set by separate action
by the Board of County Commissioners. The payment of such investigation fee shall not relieve
any persons from fully complying with the requirements of this Ordinance, nor from any other -
penalties prescribed herein.
•
29.5 The fee for the Hazardous Waste Disposal Site established by the Board of County
Commissioners may be refunded in whole or in part by decision of the Board of County
Commissioners. The amount of the refund, if any, shall be determined, in part, based upon the
cost incurred by the County in reviewing the application and shall include, but not be limited to,
outside consultant work, staff time, and state and local agency fees.
•
•
20-78 ORDINANCE 89-HH, October 21, 1997
•
•
•
34.5.2.4 Radiation nd Radioactive
radioactive materials shall be in .
handling, of cordan eith the appl and
!
•
State of Colorado and the United States Government.
34.5.2.5 Heal. USES located within the Industrial Districts shall not emit heat in such an
amount sufficient to raise the temperature of the air or of materials at or beyond the
LOT line more than five (5) degrees Fahrenheit.
• 34.5.2.6 kj hf. Any lighting, including light from high temperature processes such as welding
or combustion, shall be designed, located and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of
light will not shine directly onto ADJACENT properties; neither the direct or reflected
light from any light source may create a traffic hazard to operators of motor vehicles
on PUBLIC or private STREET; no colored lights may be used which may be
confused with or construed as traffic control devices.
34.5.2.7 Pro Property located within the Industrial Districts shall be
maintained
to grow taler
than twelve (12)c inches. Inrnoaevent shall the property ownert grasses and weeds are not rallowmittedthe growth lof
NOXIOUS WEEDS.
35 PUD (PLANNED UNIT DEVELOPMENT
DISTRICT
T
35.1 • Intent. The PUD (Planned Unit Development) District is intended to allow an
alternative means fro property owners to apply flexibility in developing their land
which may not be possible under the normal application of the Zoning Ordinance and
Subdivision Ordinance. The PUD District is not intended to be used to circumvent
or distort the policies and objectives of the Weld County Comprehensive Plan, the
Zoning Ordinance and the Subdivision Ordinance. The objectives of the PUD
(Planned Unit Development) District are to: encourage flexibility and variety in the
development of land to promote its most appropriate use; improve the design,
character, and quality of new development; facilitate the adequate and economical
provision of public and private services; preserve the natural and scenic features of
the development area; encourage an integrated planning approach; and ensure
compatibility with Weld County's Comprehensive Plan and Subdivision Ordinance.
Weld County is authorized to regulate Planned Unit Developments by Section 24-67-
101, et. seq., Colorado Revised Statutes, 1973, as amended.
35.2 Permitted Uses in the PUD District
35.2.1 A PUD District may include any BUILDING, STRUCTURE or USE as found to be
appropriate under the review and approval procedures in Section 28.
DEVELOPMENT IS allowed only in those parts of a PUD District which are included
in an approved and recorded PUD Plan. USES within the PUD District shall also be
subject to the additional requirements contained in Section Distr ct Reculatinns and Section 50, Overla District. 40, Suoole_�entax
35.2.2 USES within a PUD District shall be described by tract within a PUD District. This
description shall give a clear indication of the type of USE to take place within the
tract and a brief description of the type of BUILDINGS and STRUCTURES to be
associated with those USES. This description shall be in adequate detail to
determine density, COMMON OPEN SPACE, major vehicle and pedestrian
circulation, water and sewer facilities, and the buffering or SCREENING.
30-34
ORDINANCE 89-HH, October 21, 1997
40 Supplementary District Regulations
41 Offstreet Parking and Loading Requirements
41.1 Offstreet Parking Required. The location, design, construction and number of spaces required for
offset parking shall be as follows: •
. 41.1.1 Location of Offstreet Parking Areas ,
•
41.1.1.1 If the land USE with respect to which the offstreet parking requirements exist is confined
to a single LOT, the offstreet parking spaces shall be within that LOT or on a different
LOT, properly zoned, not more than five hundred (500) feet distant, measured along a .-
PUBLIC STREET or ALLEY which connects the two(2) LOTS. If the land USE is located
on two (2) or more commonly owned and adjoining LOTS, the offstreet parking spaces
may be located on any one or more of those LOTS or on a properly zoned LOT
separated from them by not more than five hundred (500) feet, measured in the same
way.
41.1.1.2 Offstreet parking areas in the I or C zoning districts may be permitted within the required
SETBACK or OFFSET areas so long as the parking area is SCREENED from
ADJACENT properties zoned R-1, R-2, R-3, R-4, or R-5.
r
41.1.2 Design and Construction of Offstreet Parking Spaces
41.1.2.1 Offstreet parking areas for passenger vehicles shall be designed and constructed in
compliance with the standards below:
Parking Stall Stall Aisle Curb
Angle Width to Curb Width Length Overhang
Degree Feet Feet Feet Feet Feet
0° 9 9 12 23 0
30° 9 17.3 11 18 1.0
45° 9 19.8 13 12.7 1.4
60° 9 21 18 10A 1.7
90° ' 9 19 24 9 2.0
41.1.2.2 In offstreet parking areas for passenger vehicles with ten (10) or more spaces, 10% of
the spaces may be for small cars. The dimensions of the small car spaces may be 15%
less than the standard dimensions specified above. Such spaces shall be designated
by signs which indicate that they are for small or compact cars only.
41.1.2.3 Offstreet parking spaces including access drives shall be surfaced with gravel, asphalt,
concrete or equivalent and shall be graded to prevent drainage problems.
41.1.2.4 Each space shall be equipped with wheel guards or curb blocks when necessary to
prevent vehicles from extending beyond the boundary of the space and from coming into
contact with other vehicles, walls, fences, or plantings.
41.1.2.5 Lighting provided for offstreet parking spaces shall be arranged so as to minimize
illumination onto adjoining residential USES and so as to prevent glare directed at
vehicles on STREETS and ALLEYS.
40-1 ORDINANCE 89-HH, October 21, 1997
—
41.1.3 Number of Offstreet Parking Spaces Required.The minimum number of offstreet parking
i
spaces for the type'of land USE is as follows:
USE NUMBER OF SPACES
Banks, business professional lspace/300 sq.ft.GROSS FLOOR AREA and
public offices
Bowling alleys 4 spaces/each alley
Churches or places of worship 1 space/4 seats of rated seating capacity
DWELLING UNITS, DUPLEX, for each 2
LIVING UNIT
DWELLING UNITS, MULTI-FAMILY, 2
for each LIVING UNIT
DWELLING UNITS, SINGLE FAMILY, 2
for each LIVING UNIT
DWELLING UNITS, TRIPLEX, 2
for each LIVING UNIT
Hospitals 1 space/100 sq. ft. GROSS FLOOR AREA
HOTELS AND MOTELS 1 space/unit, plus additional spaces required
by this schedule for Restaurants, etc. as required
Manufacture, Research, and 2 (but in no event less than two
Assembly, for every three [21 spaces for 1,000 sq. ft. of
employees each GROSS FLOOR AREA devoted to such USE)
MEDICAL AND DENTAL CLINICS 1 space/250 sq. ft. GROSS FLOOR AREA
Mortuaries and Funeral Parlors 1 space/100 sq. ft. of areas open to the public,
plus spaces for mortuary vehicles, plus 1
space/2 employees
Office, for each two (2) employees 1, plus one (1) space for each 500 sq. ft. of
office space.
Nursing homes and rehabilitation 1 space/1,000 sq. ft. GROSS FLOOR AREA
centers . plus 1 space/employee present during busiest
shift
Pre-Schools and child care . 1 space/employee
centers
Primary schools (private, 1 space/employee
parochial, public)
40-2 ORDINANCE 89-HH, October 21, 1997
•
•
USE NUMBER OF SPACES
Restaurant 1 space/6 seats, plus one/2 employees. In the
case .of facilities which sell food for
consumption outside of the establishment, a
minimum of 20 spaces shall be provided
Retail sales and service 1 space/200 sq. ft. GROSS FLOOR
AREA
Secondary schools (private, 1 space/employee, plus one/5 students
parochial, public)
Trade or business schools, and 1 space/employee,plus one for each other post-
secondary educational each student for the school's
institutions highest rated classroom capacity. •
Warehouse, for every three (3) 1 (but in no event less than one
employees [1) space for each 1,000 sq. ft. devoted to
warehouse USE)
Wholesale sales and service 1 space/400 sq.ft.display and sales area, plus
1 space/2 employees
Any land use activity not A number of spaces determined by the
otherwise identified in this Department of
Planning Services to Section 41.1.3 be
reasonably necessary; the requirements shall
be consistent with the requirements set forth
above for comparable USE activities.
41.2 Offstreet Loading Required
41.2.1 Offstreet loading spaces shall be required for LOTS in the I and C zoning
districts. Offstreet loading spaces shall be located and SCREENED to
• meet the requirements of the zoning district in which it is located. One
offstreet loading space shall be required if the commercial or industrial
USE is located in a building containing between ten thousand (10,000)
square feet and twenty thousand (20,000) square feet of GROSS FLOOR
AREA, and one additional offstreet loading space shall be required for
each additional twenty thousand (20,000) square feet or fraction thereof of
GROSS FLOOR AREA.
41.2.2 Each offstreet loading space shall be at least thirty-five (35) feet in length
and ten (10) feet in width and shall be unobstructed from the surface up to
a height of at least fifteen (15) feet
41.2.3 Offstreet loading spaces shall be surfaced with either gravel, asphalt or
concrete and shall be graded so as to prevent drainage problems. Each
space should be equipped with wheel guards when necessary to prevent
vehicles from extending beyond the boundary of this space and from
coming into contact with other vehicles, walls, fences, or plantings.
• 40-3 ORDINANCE 89-HH, October 21, 1997
—
41.2.4 Lighting provided for offstreet loading spaces shall be arranged so as to
minimize illumination onto ADJACENT residential property and so as to
prevent glare directed at vehicles on STREETS and ALLEYS.
41.2.5 Offstreet loading spaces shall be located in such a way that when the
spaces being used to load or unload a vehicle, no part of the vehicle will
• occupy an ADJACENT STREET or sidewalk. •
42 Signs. Signs shall be permitted in the various zoning districts according to.the following
regulations. Signs may also be subject to the requirements of the Colorado Department of
Highways.
42.1 Signs in the Estate, R-I, R-2, R-3. R-4, and R-5 Districts
42.1.1 One identification sign per principal USE subject to the following: •
A. SINGLE FAMILY, DUPLEX, and MOBILE HOME 2 sq. ft.
B. MULTI-FAMILY and TRIPLEX 16 sq. ft.
C. PUBLIC & quasi-public USES 32 sq. ft.
•
42.1.2 Lighting of signs shall be by indirect illumination only.
42.1.3 "For Sale" signs for individual homes or subdivisions may be erected for a
period not to exceed one year subject to renewal by the Planning
Commission upon request. Such signs shall not exceed 32 sq. ft. in area
• per face.
•
42.2 Sions in the A District
42.2.1 All signs permitted in Section 42.1 subject to the regulations specified.
42,2.2 One identification sign per principal USE, provided the sign does not exceed
16 sq. ft. in area per face.
42.2.3 Off-site directional signs subject to the following definition and conditions:
42.2.3.1 Directional signs are signs situated on other premises than those upon
which the goods, services or functions being advertised are located and
giving guidance as to where, how distant, and the type of goods, services
or functions which may be obtained.
42.2.3.2 Such signs shall relate only to a service or product primarily available for the
highway user (such as food, lodging, gas, repairs or entertainment) and
available within one mile of a highway exit or in a community through which
the highway passes.
42.2.3.3 Maximum area per face 150 square feet
42.2.3.4 Maximum height 30 feet
42.2.3.5 Minimum SETBACK 50 feet
40-4 ORDINANCE 89-HH, October 21, 1997
•
42.2.3.6 • Minimum spacing between signs in all directions 500 feet• . —
•
42.2.3.7 Such signs shall not be located within 2,000 feet of an exit or entrance road
on a limited access highway.
42.2.3.8 Such signs shall not be permitted within 300 feet of an intersecting road,
scenic or historic point, PUBLIC park, playground or rest area.
42.2.3.9 Such signs shall not exceed two in any one approach direction for a given
use or service.
42.3 Signs in the C and I Districts
42.3.1 All signs permitted in Section 42.1 subject to the regulations specified.
42.3.2 Off-site directional signs and advertising signs and billboards subject to the
following:
42.3.2.1 Maximum area per face 300 square feet
42.3.2.2 Maximum height 40 feet
42.3.2.3 Minimum SETBACK 25 feet
42.3.2.4 Minimum OFFSET 10 feet
• 42.3.2.5 Minimum spacing between signs 500 feet
42.3.3 Identification signs shall be permitted as ACCESSORY USES according to
the following:
42.3.3.1 Maximum number per LOT 2
42.3.3.2 Maximum area per face 150 square feet
42.3.3.3 Maximum height when adjacent to interstate
interchanges 45 feet
42.3.3.4 Minimum SETBACK 15 feet
42.3.3.5 Minimum OFFSET 10 feet
42.3.3.6 When attached flat against a supporting wall but not above the roof line,
there are no limitations on a sign used entirely for identification purposes.
42.4 General Sign Requirements
• 42.4.1 The following signs shall be prohibited in all districts:
42.4.1.1 Mechanical or electrical appurtenances, such as"revolving beacons"which
are obviously designed just to compel attention.
40-5 ORDINANCE 89-HH, October 21, 1997
•
• 42.4.1.2 Flashing red, green or amber signs located within 500 feet of an
intersection.
42.4.1.3 Any sign located so as to conflict with the clear and obvious appearance of
PUBLIC devices controlling PUBLIC traffic.
• 42.4.2 All signs erected in a PUBLIC right-of-way by a PUBLIC agency controlling
or directing traffic and private signs used exclusively to direct automobile
traffic on private property shall be exempt from the provisions of this
Ordinance.
43 Mobile Homes
43.1 Permit Requirements
43.1.1 No MOBILE HOME may be located or relocated in Weld County after
aAu .2519B1, except in accordance with Section 43 of this Ordinance,
,- 'including the issuance of any zoning permit which may be required by that
Section. Each MOBILE HOME located or relocated in Weld County after the
effective date of this Section must have a BUILDING permit for a MOBILE
HOME issued pursuant to the Weld County Building Code Ordinance. An
application for any zoning or building permit for a MOBILE HOME required
by Section 43 shall include the following:
43.1.1.1 Name, address and telephone number of the applicant.
43.1.1.2 Name, address and telephone number of the owner of the land if different
from Section 43.1.1.1.
43.1.1.3 Evidence of interest in the subject land held by the applicant if the applicant
' is not owner of the land.
43.1.1.4 A legal description of the property for which the application is made.
43.1.1.5 Number of acres of the property.
43.1.1.6 A sketch plan of the site at the scale of one(1) inch represents fifty (50)feet
or other suitable scale to show:
a. The proposed location of the MOBILE HOME including distances
from the property LOT lines and other STRUCTURES on the
property.
• b. Access to the MOBILE HOME indicating whether the access is
existing or proposed.
c. Location and measurements or any easements or rights-of-way.
d. Amount of road frontages. •
e. Identification of any county, state or federal roads or highway.
40-6 ORDINANCE 89-HH, October 21, 1997
•
•
53.7.1.7 For all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS, fully
enclosed areas below the LOWEST FLOOR that are subject to flooding
shall be designed to automatically equalize hydrostatic FLOOD forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
• professional engineer or architect or must meet or exceed the following
minimum criteria: A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject to
flooding shall be provided. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with screens,
louvers, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
•
53.7.1.8 Electrical,heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
53.7.1.9 IMPROVEMENTS shall be constructed with materials and utility equipment
resistant to FLOOD damage.
e •
53.7.1.10 All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be
constructed using methods and practices that minimize FLOOD damage.
53.7.1.11 All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be
anchored to prevent flotation, collapse or lateral movement of the
STRUCTURE and to withstand hydrodynamic loads.• 53.7.1.12 All MANUFACTURED HOMES shall be elevated and anchored to resist
flotation, collapse or lateral movement. MANUFACTURED HOMES shall
be anchored in accordance with Sections 20.10.2 through 20.10.2.4 of the
Weld County Building Code Ordinance.
53.7.1.13 All MOBILE HOMES shall be elevated and anchored to resist flotation,
collapse or lateral movement. MOBILE HOMES shall be anchored in
accordance with Sections 20.9.2 through 20.9.2.6 of the Weld County
Building Code Ordinance.
53.7.1.14 All OIL and GAS PRODUCTION FACILITIES shall be anchored to resist
flotation, collapse, or lateral movement. The method of anchoring shall be
approved by the Weld County Building Official.
54 Planned Unit Development Overlay District
54.1 Finding of Fact. There are unincorporated areas within Weld County with
unique features, such as availability of urban-type services and facilities
which may be suitable for mixed land-uses, provided that adverse impacts
of different land-uses are minimized. It is recognized that in certain
circumstances it may be desirable to provide a greater range or mixture of
USES in an area than would be permitted under the standard zoning
system. It is further recognized that the Planned Unit Development
•
procedure permits a greater range of flexibility than the standard zoning
system which does not always balance the capacity of a site with
•
compatibility to the neighborhood.
ORDINANCE 39-HH. Cc --
tote• =
•
•
54.2 Purpose. The purpose and intent of the Planned Unit Development Overlay
District regulations shall be to:
Minimize adverse impacts to water quality and quantity, public health,
safety, and property within the 1-25 Mixed-Use Development Area and
Activity Centers by requiring commercial and industrial development and
' subdivisions and residential subdivisions to use the Planned Unit
Development procedure. -
Promote a better quality of life within the 1-25 Mixed Use Development Area
and Activity Centers by using a procedure designed to provide for the
orderly development of compatible land-uses and to protect the
environment.
Provide a procedure which will allow land-use flexibility in a manner
consistent with the Weld County Comprehensive Plan, •
54.3 Uses Permitted. All uses listed as allowed by the Planned Unit Development Change of Zone
District Application and which qualify as a Planned Unit Development according to the Weld
County Zoning Ordinance. All uses by right and accessory uses permitted under the current
zoned district within the overlay district.
54.4 Requirements. Commercial and industrial developments and subdivisions and residential
subdivisions shall use the Planned Unit Development procedure within the 1-25 Mixed-Use
Development Area and Activity Centers. All Planned Unit Developments within the 1-25 Mixed-
Use Development Area shall have PUBLIC WATER AND PUBLIC SEWER systems.
54.5 Establishment of the Planned Unit Development Overlay District. There is hereby established
in Weld County, Colorado, a Planned Unit Development Overlay District.
•
The Planned Unit Development Overlay District includes all of the unincorporated area of Weld
County known as the I-25 Mixed-Use Development Area and Activity Centers. A map of the I-
25 Mixed-Use Development Area and Activity Center is shown in Figure 1 of the Weld County
Zoning Ordinance. Interpretation of the Planned Unit Development Overlay District boundaries,
location of LOT lines with respect to the boundaries and similar questions shall be determined
according to Section 60 of this Ordinance.
50-13 ORDINANCE 89-HH, October 21, 1997
Main Entry House includes an office, kitchenette, and bathroom that have been offered as a substation to the Weld County Sheriff.
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Community Center Building contains mail room for first filing, school bus pick up/drop off, and Metropolitan District offices.
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Marina, boat ramp, parking area. Docks are scheduled for spring 2002. Hillside is seeded and mulched as part of the revegetation plan.
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3,000,000 gallon water storage tank was erected as part of the water storage system, based on original PUD approval for 800 lots.
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rY �, rg � Approved
, ' X11 `. �at1_ r FilingNo. I
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.e raq. .� a. Funve Clubhouse .:•v�r end Relawted
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pg• ; - Pelican Lake Omar rya \ 801X0 Rares
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propo4d Mailbox Building
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Beebe Draw Farms - Filing 2 Mn-..L Sat Fling Not-23 Aorta •OIOII
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E1759 Gam Boulevwo 3525 MN Eumeener BInd TOI Pane Live X220 Re.-;Sy R,2003
3600 South Logan Street, aid Suite 200 ( es.Gna wdn pool I.uoWLL al tarn Wn ueuur.Cnkrado SOON - -- a rStreet,
Denver,Colorado 80110 303.02s912n 51066la2p TO-NT-01W July le 2003 NORTH SCALE:1"=500•
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BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FILING 2
SITUATE IN SECTIONS 4, 5, 8, 9, 10 AND 17, TOWNSHIP 3 NORTH,
RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.
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Open space nr adlac.nt lot The design. installation of all 1.5.115. «g
.Sec landplari vtill he under the uq,u v stun of the Weld Cuunlc Health Dept. °
No perimeter lot fencing : 8
shall he permitted .. ..
Inspeeton p ill he under the jurisdieuon of the Metro Dist ict.
— —�S Utility Easement
- •
Y�,.- 25' when adjacent to
'*` ripen"puce
_.. . ' — .� r. :n• „hen nun-cnnti�nun. '
to open space
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- - - . - Fenced Paddock Area
u ca t up to 5`'% max of lot area—
_ : , may not he combined with
privacy fencing ;
25' t tilt) Easement " t . . ... �; `^. (Paddockand barns shall onl\ he
.�,. ^4'. ., e. —
' ` , f let r Vx, permitted on designated
I-**i - -.4-c," ,� P '2"� equestrian lots) 3 a8 -
i. . . ai � o"r _ '.s�
I l cp Septic Held > _ . I spa harp tom equestrian lots �U
il
�,f1110 ?.UI111 s I ,,,•,. i 'I IYII
tRomiw. • ,, r_'" I r. 864 s.f. max. siic
µ W* , - i". (see covenants)
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50' Side Yard setback -
Dtstur= d arc *' all be s eded ' Natise Grasses shall remain
.. with Native e r I ." I 7i midislurhed whelks cm possible
Pro fenced ilea ,
shall not exceed 51 I appre{ved xcp ��' 1( g ..,
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of the lot area. and ,= a. . k` ,.r t a, 15 trees mininit n shall be
must he attached to .'," I a, planted within 6 mos. of c.o.. o
the principal dwelling I - "'Scr
'°• :'� of next pl mtin, season z
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The residence shall he s rr
?5' Utility I asen,ent Q a
1900 S.F. (Mill.) aud shall y ,r .inc ' O ,n z
a - II rig.tcd Yam) - not o_
Max. bldg. ht 2 I z sn O pod
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)All ^_dl,rgu nnsl he slcly + !1i
cull\ ) q ". ' 2 aMW
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III' Prim Yard setback ce paw
Lot width varies—see plan a (7) zAll drivewacs�— te —— LL w
must he pa\ed ¢ cc
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— — \\rid Count\ CC II
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4' hike lane — -- -
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To prevent erosion, revegetation seeding and mulching is scheduled immediately as soon as new road shoulder work is completed.
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PELICAN LAKE RANCH & EQUESTRIAN CENTER
Highlights of Pelican Ranch Covenants
Pelican Lake Ranch is a covenant controlled community.
1. Property Owners Association dues are $29 per month, collected annually.
2. The Architectural Control Committee (ACC) must approve all building plans, landscaping,
exterior colors, swimming pools, decks, out buildings, paddocks, fencing, satellite dishes /
antennas, etc. using the ACC Design and Improvement Request Form.
3. Sprinkler systems may only be installed on 5% of the area of your acreage home site.
4. At least 10 evergreens and 5 deciduous trees must be planted during the next planting
season after taking occupancy.
5. Only 5% of the area of your acreage may be fenced with approved fencing materials, using
the ACC Design and Improvement Request Form.
6. Perimeter fencing of your property is not allowed.
7. Swimming pools must be in-ground construction and approved by ACC.
8. Horses are permitted on Horse Designated lots only. One horse per acre owned.
9. Barns must be the same materials as the residence or as approved by the ACC.
10. An additional 5% may be fenced for a horse paddock on the designated `Horse Lots".
11. Other than short-term guests whose vehicles may be parked for no more than 72 hours, no
vehicles shall be regularly kept on the lot or street within the Project. This includes but is
not limited to: Motorhomes, boats, unused vehicles, and recreational vehicles. They must
be kept within a garage or completely screened from view.
12. No motorized off road vehicles are allowed.
13. No hunting is allowed on any land within the development.
Cs
PELICAN LAKE RANCH & EQUESTRIAN CENTER
14. Dogs and cats must be kept according to county regulations.
15. Farm type livestock or pets are not allowed.
16. No industrial or disruptive in-home business is allowed.
17. Modular homes, kit homes, and trailers are not allowed.
18. TV satellite dishes or antennas must be approved by the ACC.
19. Access to the lake is via the marina or designated beach area only. No swimming is allowed.
20. Pelican Lake is a wakeless lake,which means only sailboats, canoes or boats with a
maximum 5hp motor are allowed.
21. Marina slips may be rented by the season from the Metropolitan District.
22. The Metropolitan District owns, operates and maintains the streets and drainage, traffic and
safety controls, transportation, mosquito control, water delivery system, the entry
gatehouse, district headquarters building, the recreational areas and amenities, open space,
wildlife preserve and the marina. If appropriate, the Districts may ultimately convey the
public facilities/improvements to Weld County or another governmental entity.
23. A portion of the property taxes paid by the property owners'funds the Metropolitan District.
24. The Property Owner's Association enforces the covenants, provides the architectural control,
provides community trash service, and other administrative and legal functions.
25. Each property owner receives one vote in the Property Owner's Association.
26. Covenant documents were filed and approved in January, 1999 and may only be revised by
a two-thirds (2/3) vote for approval by all the property owners.
Highlights of Pelican Lake Ranch Covenants Page 2
0
PROPOSED RE-VEGETATION PLAN
1. Within 14 days of the completion of pavement surfacing of newly constructed
streets in any one Phase) the Beebe Draw Farms Metropolitan District shall
complete, or cause to be completed, the re-seeding and straw mulching of all
disturbed areas due to the construction of public facilities. This shall include
street right-of-way, utility easements, detention ponds and drainage ditches.
Ditch slopes greater than 2% in grade shall be controlled by use of erosion
control devices, including straw bales, silt fence, and riprap.
2. All varieties of seed included in the seed mix shall be oriented towards
producing a drought tolerant plant or cover crop that will enhance the growth of
another plant that may require initial cover to become established.
3. Each year, the seeded areas shall be evaluated for plant growth. As the plants
reach a height of approximately 16", the roadside grasses shall be mowed back
to a height of approximately 4" to 6". As required, to insure the necessary
density of plants in a particular area, re-seeding shall occur until a satisfactory
stand of plants have been established.
4. Within drainage facilities, grasses will be mowed if there are varieties that reach
a height of 24" or more and are prolific enough to warrant mowing. Otherwise,
these plants will be used to guard against wind and water erosion.
5. Grasses and plants within easements fall under the maintenance of individual
lot owners and shall be maintained per covenants.
lD
TRAIL SYSTEM WASTE HANDLING PLAN
1. The Metropolitan District will contract with a Trail System Inspector.
2. The Trail System Inspector will ride the trails and monitor them for manure,
mowing, erosion and general maintenance needs.
3. The Trail System Inspector will keep a monthly report of the specific
maintenance needs of the trails.
4. The Trial System Inspector will report maintenance needs to the Metropolitan
District Board monthly.
5. The Metropolitan District Board will authorize the Trail System Inspector to
contact vendors to perform services to remedy the maintenance needs.
6. Manure will be mulched by mowing whenever possible. Mulching will add
composting matter to fragile landscape. When mulching is not possible,
manure will be picked up and hauled to the dump.
7. The Trail System will be mowed as growing conditions demand and will be
mowed at least two times annually.
8. Should the Trail System Inspector and the Metropolitan District Board
determine that erosion control is necessary in some areas, contracted services
will be retained to remedy the specific needs.
9. Manure piles will not be allowed to exist or deteriorate to a condition that
facilitates excessive odors, flies, insect pests or pollutant runoff.
10.The Trail System Inspector and the Metropolitan District Board will inspect all
the trails annually to insure a safe and environmentally sound trail system being
maintained.
INCLEMENT WEATHER
ROAD MAINTENANCE PLAN
1. Beebe Draw Metropolitan District shall provide for the clearing of roads within
the development to allow the passage of emergency vehicles. Initially. a
person or company shall be contracted for to accomplish this task. At the
District's option, a vehicle or another type of equipment shall be purchased and
stored at the District's sales building. This building is equipped with heated
storage space that would accommodate a maintenance vehicle.
2. The designated person would be on call through an answering service
connected to the District's telephone system. This person would, in the future,
be a full time employee with the duty of proving the above task. Initially, the
response time would be on the order of 30 to 40 minutes. After a full time
person is in place, the response time would be approximately 15 to 20 minutes.
(I
EXHIBIT
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
•
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully,
NameadViatettaea.....
Address 45 72 /3n-w rfitt. g e
finn&W /£
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully, fA�
Address O S° 72.0144-44A4- grit/ rl zePt(
C'o &Oco S/
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name Awl 5/ds/oSy/
Address /‘ V/ y GeN y nc /id' l 0U��
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully, //
Name pit Les $ Ins /N5(/ l
Address 2 p// S#
Le�`yf� C� /�bl
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction.Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully, ��.9�
Name di 1 C" —C_--
Address /(:, 4 9 a or 1 k
P6# - 7,- . 0 . r,06-57
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace,increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imperative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name +� D(R
Address III9 T tc h � .
)1M+Feoi 1 � X1O5 f
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name nom
Address
Neva\� �Cs� \rpoS\J
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch,I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville, LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name
Address9F---0..,4
LL G Irt
Wk\4 ' U. IDL$ I
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a POD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully, y n
Name Du,,,,n. 5. 744.44... d' h 2 Idag mt Cef
Address I (.'139 Lard d RA . 5O .--14--
PLA4eu; Its ca Bolvc,
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name I ^ - o /
Address icy „gmLecwivedFj
Wubfevi Ue t7)G5
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name ^
Address [(at( I e ,Q<�_ I , TA .' s
Tl aftetn lie) C $D (c l
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction.Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,Nam eIc��: te A�(/)OY,,O4 & , eat)
Address //!/'tj 5 `�„ELa�yA4a R>. SD .
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name
Address I 7a4 `
EeIAV
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name s d
Address 76 4/7 , ex*
At
,
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name )itinhoth
Address /G J, ? Olt (-24,
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name o 'essr�,�A
Address /On kink Ceti y4"--
.
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name Ai. /MA--
Address ////Gy9L 4a a/LAr 0-) FA-it iv.3 9 C's
Fi /e n//cS-1-
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, dlb/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction.Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully,
Name e,,,/h MIS f/,t/( 4Ls-hh
Address 16.yyr Csst>4.. RD S •
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment, wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,,
Name �C '� `!.
LL(
Address /G 7�j S S. £sse e.
,P4
/ ✓ aE , 60 8a6S7
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectful
Name
Address
//y92/ %s
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch,I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully,
Naakay W Q/v
Address //// 51q t Essex
P/tx lfie, Co t se")
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace,increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully, AA --
Name fear%
Address / G f, 3 ts:sE,X AC
II&Mr add ev go 5
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch,I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name Address
/!0 '193 CC141- - /
" ,rrc�� a 3�s/
August 6, 2003
Weld County Commissioners
915 Tenth Street
Greeley, CO 80632
To The Commissioners:
As residents of Weld County, and the Pelican Lake Ranch subdivision,we would like to
express our support for the approval of Filing 2 at Beebe Draw Farms.
We feel the continued growth at Beebe Draw will be beneficial to the County and it's
citizens. It will not only increase taxes paid to the county, but will bring increased
revenue into the commercial industries.
Sincerely,
ALAG ; avg.. /�cv��•.
Alan& Mary Jane Teeters
16492 Essex Road S.
Platteville, CO 80651
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms, d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle,Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully,
•
Name V:\
O B y .-r'
Address
l to Co Dram. 1 +..._. %Pk-\
s.Q-et, \�,
Ls (
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name "P"\-7-C--
Cei
Address N.,t\5 OO
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch, I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction. Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me,my neighbors and the people of Weld County.
Respectfully,
Name v /4%e. Imo, fri,
Address
16 y 9 a ESJ, Sr
'^ to i Il . Co rD 4 sl
August 5,2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms Filing No. 2
Sirs,
As a resident of Beebe Draw Farms,d/b/a Pelican Lake Ranch,I urge you to approve the 2nd Filing.
This neighborhood was started based on a PUD approved for 800 lots by past Weld County Commissioners.
The Metroplitan District needs these additional homes to help support the District and the amenities scheduled
to be completed with the 2nd Filing approval.
Your approval will bring new and desirable properties to the marketplace, increasing the value and livability of
the entire community for all residents.
Our community is also helping to grow local and regional businesses and the Weld County Tax base. My neighbors and I
are purchasing goods and services which is improving the economy in Platteville,LaSalle, Greeley and Weld County.
The developer is commited to completing the community and is keeping the neighborhood moving forward inspite
of the current difficult economic times. Their plans for septic tank inspection will protect the ground water and they have
a sincere concern for the environment,wild life, and the quality of life of all residents and neighbors.
This approval is imparative to the health and well being of not only our community but to the entire county,
local towns and the people who live under your jurisdiction.Please approve our Filing No. 2.
Thank for your approval. It is very inportant to me, my neighbors and the people of Weld County.
Respectfully,
Name aat T-.
Address I Y Es5e, / 50.44-,
f (4ff-e, ;14 Co fo 4S1
U
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Namur --
Business
WCB Weld County Bank
Blr.lem Annkirrg Mai Oft!.Inshinrud Write
Phillip A.Leffler
Branch Manager
Vice-President
370 Justin Avenue
Platteville,CO 80651 970.785.2000
email:pleftler!wcbmall.com ^— Fax 970.785.2590
•
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respe tfully,
l/.z�
ame f
Business
W -V Sharon Junker
VECTRABAN^i o Branch Manager
You do life.Wet do the banking"
Platteville Branch
PO Box 385-390 Justin Ave. (970)785-2265
Platteville,CO 80651 Metro Line(303)659-8622
(970)785-2244 FAX s1441skj@zionsbank.com
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
RespectfulJ��`�v !)
Name ,
Business
•
a aNST rtrOks.
Heavy • Highway • Ugly
Joe Kuntz
P.O.Box 405
I PLATTEVILLE,CO 80651
Office:785-6161.Metro:654-0235
FAX 785.2515•Home:352-3191
August 5, 2OO3
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name DCI Ol Coy r
Business .
1 ° TUq vies Mexican �� Restaurant
Authentic Mexican Food
HOURS:
i Mon.—Thor 10 a.m.- 9:00 p.m.
Friday 10 a.m.-10:00 p.m.
Saturday 8:30 a.m.-10:00 p.m.'
Sunday 8:30 a.m.- 8:30 p.m.
#1 #2
2319 8th Avenue • 602 Main St.
Greeley,CO 80631 Platteville,CO 80651
Tel. (970) 378-6440 Tel. (970) 785-0808
Fax (970) 378-8889 Fax (970) 785-0809
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
l
Name A
Business /7
Olt �E QE traiszet
Restaurant & Lounge ' ,Y— ,
t
Sunda*,,gem 8pm
Mon-Tf Ir9 gAm 10 m 970-
'`ah em-11pm:_ ..785-2238
V i
Hwy 85 P.O. Box , ,
f2T7`�lattevilla nn anac�
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name `64A bauf'o F_ 1-4) Y
Business / A r• -g +oo d. 5
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name g IO yv�
Business tv\ v s _S r4w 1 S -f- s-
-
t L/
/1/1 4 t !tJ S
.,...... rLarry Monie
41 ussman s 41aitt
MN STREET CAF
Serving Breakfast and Lunch
Q II III I■
•L .n Ile 1M �. Phonef 970-785-9051
PO +e BP }S.,t. ✓ 1 ! 703 Main Street• Platteville, Colorado 80651
1.4x1 � y �r
11
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name f '/
Business
Madre
RANDY D. LANE
CAROLYN S. LANE
WELD COUNTY AUTO SALES
Clean Used Cars with a Clean,Used Owner
402 Vasquez St.
Platteville,CO 80651
(970)785-0664
Mobile(970)381-2097
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectf I�
Name eat/
Gt-0'vt
Business
Eric Olinger
Center Manager
NWickes Lumber
Building Materials for Contractors
100 Front Street
Platteville,CO 80651
970-785-0320/1-888-937-3161
970-785-0528 Fax
303-435-7910 Car
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing •
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imparative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name
Business
��u. Qki1 ��� Li 1uocS
wu Greg Yamaguchi Anthem Blue Cross and Blue Shield
�l•� Advisor,Health Events 700 Broadway
BSI and Facets Conversion
Denver,CO 80203
Mail No.AM1149
Tel 303 831-3262
Fax 303 764-7223
Mobile/Pager 303 886-8207
VS A greg.yamaguchi®anthem.com
WSJ www.anthem.com
Anthem.ID V
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name hh
Business ?)* \ u;11 t
�R-eh y )-n ' x LL L
I414:l
Platteville Ready Mix, LLC
Ready Mix Concrete
Commercial 8 Residential
Doug& Dennis Young
150 Front Street Dispatch:970-785-9255
P.O.Box 406 Business:970-785-9256
Platteville,CO 80651 Fax:970-785-9257
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name
Business
Jack Walker President/C.E.O.
-11-
-
S a NOD INC. TM
PORTABLE LIVESTOCK BUILDINGS
(303) 857-1500
13066 W.C.R. 20 (303) 857-1600
Ft. Lupton, CO 80621 Fax (303) 857-1102
August 5, 2003
To: Weld County Commissioners
Re: Approval of Beebe Draw Farms 2nd Filing
Sirs,
As a Business Owner/Manager near the Beebe Draw Farms Development, d/b/a Pelican Lake Ranch,
I urge you to approve the 2nd Filing.
This new community is helping me/us grow our business. Many other businesses in Weld County will realize
the benefit from your approval of this development. The residents purchase goods and services from all sorts of
businesses in the region which is improving the economy and the tax base in Platteville, LaSalle, Greeley and
Weld County.
This approval is imperative to the health and well being of not only to my business but to the positive growth of
the entire county, local towns and the people who live under your jurisdiction.
Please approve the 2nd Filing of this development.
Thank for your approval. It is very inportant to me and to the future success of my/our business.
Respectfully,
Name J G mµ7 I O9-66flO✓
Business ( /tC ! s )? 33n
6/2 MG.ln Platte ✓ dle , C3 ?gpie CI
?i TORGI'S LUNCH CLUB
Present this card each time you purchase a
TORGI COMBO MEAL
And get your 6th Meal FREE!
t ` Etunches are served from 11 am to 3pm Daily
{e Dine-in or Carryout
612 An-Street • Platteville, Colorado 80651 • 0)785-
1 2 3 4 5 FREE Combo
Pelican Lake Ranch, Aug. 6, 2003 Hearing
David Shupe, Consultant, Colorado P.E. 5914
* I am an experienced soils engineer with nearly 40 years background in septic system
design and use. In 1966, I served on the Colorado State Health Dept. committee which
wrote the first State ISDS regulations.
• The soils in this subdivision have been extensively investigated and found to be well-
suited for on-site treatment prior to dispersal. They are highly uniform, and too porous
for conventional disposal.
• The design system we have proposed provides treatment by subsurface sand filtration,
one of the oldest and well-known treatment methods, prior to dispersal into the native soil.
o The system type proposed has been reviewed by Weld County Health Department
personnel, and meets current Weld County regulations. Individual system designs will be
subject to County review and approval.
o This proposal places design, installation and maintenance of each new system under the
joint supervision of the Weld County Health Department and the Beebe Draw
Metropolitan District. It will include all lots in Filing Two, and any currently unsold lots
in Filing One, with provision for currently owned and/or developed lots to apply to the
District to be included in the proposed maintenance program, should they so desire.
o Ongoing maintenance, including field and tank inspection, pumping and groundwater
quality monitoring is proposed to be provided by the Metropolitan District, and reported
to the Weld County Health Department. The proposal also contains provision for the
appropriate re-evaluation of any perceived system malfunctions.
• Cost of the maintenance program as outlined will be included in the mil levy paid to the
District by lot owners, according to the financial structure set forth in the District's
Service Plan. An amendment to the Service Plan for this purpose has been prepared for
action upon approval of this Filing.
• To our knowledge, such a highly organized supervision and maintenance program for
ISDS systems within a subdivision does not yet exist in Weld County, although such
arrangements exist elsewhere in the country.
o This proposal meets the requirements of the Weld County Health Department in
0 -s providing ongoing inspection, maintenance and monitoring. It far exceeds the level of
care available to most households served by septic systems in the County.
hat 4i-
S "r :t'4
PL0003
2003-3152
Large Map (KKa) Located in Back of File
Not Scanned
C6 WQ4 to rne- e
UU Cv\Qs ,
March 11, 2003
To: Monica Daniels-Mika
Weld County Planning
From: Christine Hethcock
Beebe Draw Farms
RE: Beebe Draw Farms Filing No. 2 PUD Final Plat Submittal Issues
X. Item No. 1,Page 2- Oil and Gas Surface Use Agreement and delineation on a plat
map showing flow lines, pipelines, existing and future oil and gas facilities shall be
prepared for review by the Board of County Commissioners prior to scheduling the
Hearing for Final Plat. The intent of the 90-day clause was to prevent the Oil and Gas
Entities from holding up the Hearing, not for the developer to have this in final
preparation. This process is well under way, however; we are having difficulty
compromising on some important issues affecting our ability_to develop the property.
x Item 2-A,Page 2- SCHOOL &FIRE SITES- OK
1 3. Item 2-B, page 2 -TRAIL SYSTEM WASTE HANDLING PLAN to review.
4. Item 2-C &D,Page 2-Phasing Plan for Lots, Amenities, and Taps Discussion.
There are going to be 14 Phases of approximately 30 lots each. Each Phase will
require water taps to be secured prior to building permits being issued. Each Phase
will also require an amenity to be built, unless an additional amenity was built prior to
the phase based on market needs. The Proposed Amenities to be built are as follows:
1. Riding/Walking Trails
2. Swimming Pool
3. Tennis Courts
4. Floating Docks and Mooring Balls
5. Improvements to Marina Area
6. Picnic Area
7. RV Storage Lot
8. Club House
9. Hay &Equipment Storage Building
10. Stables(First Phase as Needed)
11. Outdoor Arena Ag
12. Dressage Area
13. Cross Country Course "
14.Indoor Arena with office and riding school
5. Item 2-E, Page 2-MITIGATION PLAN- Being provided as separate Exhibit to
Review.
STATEMENTS ACCOMPANYING THE APPLICATION FOR THE REPLAT OF THE FIRST FILING OF
BEEBE DRAW FARMS AND EQUESTRIAN CENTER SUMMARIZING THE PUD PLAN AND INCLUDING
- REQUIREMENTS 10, 11, 12, 13, 14, 16, 17, AND 28.
10. The total area of the PUD plan - the Replat of the First Filing of Beebe
Draw Farms and Equestrian Center - contains 1163.786 acres. This
includes 188 R-1 Single Family lots and Outlots 1, 2 and 3 totaling
490.683 acres (average lot size of 2.43 acres, minimum lot size of 1.52
acres) , and 593.166 acres of Greenbelt-Recreation and Open Space. There
are 79.937 acres of roads.
The following listed buildings will be built by the Beebe Draw Farms
Metropolitan District in the Replat of the First Filing:
1. The Entrance Gate House, Signage, Fencing, and Landscaping as shown on
accompanying plan photo.
2. The Metropolitan District and Property Owners Headquarters building to
go on Outlot 1. This is a two story building designed to look like a
single family house, and includes offices, garage bays for the fire
engine, snow plow and a pick-up truck, with the superintendent of
maintenance' s apartment on the second floor, per the accompanying plan
photo. �U
3. The Property Owners Club House on Outlot 2 overlooking the Milton
Lake, with swimming pool , tennis courts, and parking. Below the
Club House, in the lake, will be the Small Boat Marina with floating
docks, the north half of which will be built in- this first phase. The
Marina is on land leased from F.R.I.C.O.
4. An Outdoor Arena with Judges Stand and seating facilities on the
adjoining hillsides will be built in Outlot A.
5. Already completed and being used are:
a. 4 Cross Country Courses with 67 jumps and a start and finish area
with Judges Stand. C3--
b. Dressage and Stadium Jumping Arena of approximately 12 acres.
i
11. The uses of each of the buildings is basically described by the
descriptions in paragraph 10. Maintenance on each will be performed by
the Metropolitan District and operating rules and policing will be by the
Property Owners Association. All other buildings will be single family
residences built by Home Builders or Lot Owners.
12. Proposed Buffering and Screening:
The buffering of the PUD is indicated on the Landscaping Plan. There is
a minimum 200' greenbelt buffer seperating the lots from any adjacent
County roads, and no homesites front on or enter from any County roads.
The entrance off of WCR 39 is heavily landscaped.
The only uses in the PUD that would not otherwise be compatible are the 1" a far
gas wells on the property. These will be screened and buffered as each
individual location may require with a combination of landscaping buffer
and decorative screening, with all of the facilities being painted a Sage
Green. The plans for the 3 well locations in the replatted First Filing
of 188 lots is shown and specified on the Landscaping Plan. See sheet 2
of the PUD Plat.
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a
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p 01
Attention: Monica Mica Date: 10/ 16/02
Company: Weld County Planning Number of Pages: 16
Fax Number: 1-970-304-6498
Voice Number: 970-356-4000
From: Christine Hethcock
Company: Gibraltar Equity Investments
Fax Number: 303-333-7278
Voice Number: 303-333-6000
Subject( LEASE OF MILTON RESIVOUR PER YOUR REQUEST
Comments:
— 4,1141n
0 Mnni n
_ V54i113
,t v1;91:
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p.02
FEB 28'94 16:55 FR COLLINS AND COCI;REL 303 986 1755 TO 2325451
F.O. 16
Ap<'J9l926 H 1148 'C 02090926 03/06/87 15: ` " $27. 00 1 /009
F 1665 . .P.Y ANN FEUERSTEIN CLERJ( 6 ECORDER WELD CO, CO
•
•
GRAZING ANT) RECREATIONAL LEASE
MILTON LAKE
i WELD COUNTY, COLORADO
This Grazing and Recreational Lease dated this
y day
of C-17 24 , 1987 , between THE FARMERS RESERVOIR AND
IPRIGATIOIIJ COMPANY, a Colorado corporation, sometimes herein-
after referred to as "FRICO, " First Party, and BEEBE DRAW LAND
COMPANY,
p, of the Count
of Denver,TDState Colorado of Colorado,tehe einafterd 3sometimes called
"Lessee, " Second Party,
WITNESSET H:
Recitals:
1 . FRICO is the record owner of that certain reservoir
and the site thereof known as Milton Lake which is situated on
the following described land in the County of Weld , State of
Colorado, to wit!
Part of Sections 3 , 4 , 9, 10 , 11 , ' 14 , 15, 16 , 22,
and 23, Township 3 North, Range 65 West, of the 6th
P.M. irous of and recreationale rights pin, over and t aining from across apoFrtion
frFRICng
O
lands contiguous to Milton Lake and over Milton Lake itceif.
3 . FRICO is a mutual ditch company organized for the
purpose of delivering water to its stockholders and is desir-
ous of obtaining from Lessee as consideration for the granting
of the said Grazing and Recreational Lease a reasonable
compensation in the nature of a maintenance charge for the
repair, operation and maintenance of its irrigation system.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants and agreements herein contained , FRICO,
subject to the exceptions, reservations, limitations, restric-
tions and conditions hereinafter set forth , does hereby lease
to Lessee for grazing and recreational purposes the following
described property:
All of the Milton Lake site and Milton Lake as
herein
above
Lake
dDam and that part lyi g north
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p.03
•
FEB 29'94 16:55 FR COLLINS AND COCKREL 303 996 1755 1Q 232545.1 P.011 -16
R 1148 REC 0/090926 03/06/87 15: 55 X27 . 00 2/009
F 1666 MARY IN FEUERSTEIN CLERK & RECC )ER WELD CO, CO
of the south line of that certain roadway commonly
known as the Milton Lake Tender' s Roadway.
The exceptions , reservations, limitations , restrictions
and conditions are as follows:
1 . The term of this Lease shall commence on the 1st
day of January, 1967 , and, unless sooner terminated as herein-
after provided shall continue to and including the last day
of Decembe 201 .
2 . Lessee shall pay FRICO an annual rental of Twenty
Thousand Dollars ($20 ,000. 00) adjusted as provided below,
subject to renegotiation at each ten (10) year period as
provided below. Lease payments shall be made on or before the
15th day of January of each year.
Annual rentals payable for each ten (10) year
period subsequent to the first ten (10) years of this lease ,
shall at the request of either party, be renegotiated by the
parties prior to the expiration of the current ten (10) year
rental period. The parties agree to conduct rental negotia-
tions fairly in , gobd faith and in light of the facts and
circumstances relating to the rental market value of similar
properties for similar uses as the same exist at the time of
the negotiations. If the parties are unable to agree upon the
amount of the annual rental to be paid for the ensuing ten
(10► year rental period, this lease shall terminate and be of
no force and effect after the last day of the year for which
the annual rental has been paid.
In the event that at the time that the parties may
be renegotiating the base rental amount as provided above, the
Farmers Reservoir and Irrigation Company is considering any
offer of lease that may be submitted by any other party , the
Farmers Reservoir and Irrigation Company hereby grants to
Beebe Draw Land Company, Ltd. , or approved assigns during the
term of this lease, a right of first refusal to meet all terms
and conditions of any other offer submitted. With respect to
hunting, the maximum number of hunters shall not exceed thirty
(30) individuals at any given time.
In considering this right of first refusal , each
and every term of any alternate proposal shall be deemed to be
equally important for the consideration of the Farmers
Reservoir and Irrigation Company/A-and Beebe Draw Land Company,
Ltd . , shall have 15 days following the receipt of the written
offer being considered by the Farmers Reservoir and Irrigation
Company in which to accept in writing in all respects the
terms and conditions of any other offer proposed to the
-2-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p04
FEB 28'94 16:56 FR COLLIt•Y3 ftl•ID COCKPEL 303 986 1755 70 2325451 R.n4 I4
B 1148 T- 7 02090926 03/06/87 15: " $27, 00 3/009
F 1667 D_ .ay ANN FEUERSTEIN CLERK & -ECORDER WELD CO, CO
Farmers Reservoir and Irrigation Company and which are deemed
to be acceptable to it.
In the event that the Farmers Reservoir and Irriga-
tion Company shall accept any other offer, which offer shall
not have been met by Beebe Draw Land Company, Ltd_ , or i t s
assigns, pursuant to its right of first refusal , then in such
event the new lessee shall, as a condition of lease by the
Farmers Reservoir and Irrigation Company, reimburse Beebe Draw
Land Co. , Ltd. , for all improvements that may have been placed
upon the leasehold property, with the permission of the
Farmers Reservoir and irrigation Company, by Beebe Draw Land
Co. , Ltd . The value of such reimbursement shalls be deter-
mined as the non-depreciated value as may then exist pursuant
to the provisions of the Internal Revenue Code and applicable
regulations, and in the event that no actual depreciation has
been claimed, then the amount shall be determined by applying
a schedule of straight line depreciation to the leasehold
improvements .
In addition to the S20,000 base lease, the consid-
eration to be paid for the lease shall be adjusted by a price
index applied to the $20,000 annual base lease. The price
index shall be the November Consumer Price Index published by
the United States Bureau of Labor Statistics, for all consumer
goods for the Denver Metropolitan Statistical Region. In
determining the index value to be increased or decreased from
the base lease, the amount shall be determined by the ratio of
the then current year Consumer Price Index, compared with the
Consumer Price Index value for November, 1906.
3. Lessee assumes all risks involved in the pasturing
or grazing of stock on the leased premises and hereby releases
and discharges FRICO, its successors, assigns, agents and
employees from all damages and other claims whether for
personal injury or property damage suffered by Lessee, its
agents, employees , sublessees or assigns, in the exercise of
grazing rights hereunder, unless such injury or damage is the
result of gross negligence on the part of FRICO, its agents or
employees .
•
4 . Lessee shall place in good repair and maintain in
good repair all fences now on or surrounding Raid leased
premises , all of which fences are and shall remain the proper-
ty of FRICO.
5. The recreational rights that may be exercised on
and over the leased premises by Lessee shall include the
following:
(a) hunting;
-3-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p05
FEP 29'94 16:57 FR COLLIIIS AHD COC1*,REL 303 986 1755 TO 2325451
F.05'16
b 1148 RF" 02090926 03/06/87 15: 5r
/009
F 1668 MA I ANN FEUERSTEIN CLERK 6 RLCORDER
4ORDER WELD CO,, COC
4. (b) swimming,
(c) fishing, and
(d) sailing and boating, including power driven
boats powered by not more than a ten (10) horsepower motor,
• and which boating shall be such as to constitute an essen-
tially "wake-less" condition , so as not to erode the dike or
shore of Milton Lake. (It is understood that permitting power
driveniboats on Milton Lake powered by more than a ten (10)
horsepower motor shall be deemed a violation of this Lease
resulting in an automatic termination of all rights and
privileges under this Lease.
Water skiing is not included in the grant of
recreational rights and privileges and shall , under no circum-
stances, be permitted upon Milton Lake.
6 . Tn conjunction with boating, as Lessee may desire
and propose to Lessor, Lessee may construct and maintain all
necessary boat ramps or docks or bulkheading and beach im-
provements and picnic shelters on areas of Milton Lake but
only at locations and in such manner as shall be approved in
writing by FRICO. Any boat ramp constructed at a location not
approved by FRICO shall be removed within twenty-four (24)
hours after notice from FRICO to Lessee, and, if not removed
within said time period, FRICO may remove the same and all
costs of such removal shall be paid by Lessee within ten (10)
days after billing. Failure to pay such costs when billed
shall be deemed a violation of the terms of this Lease.
Motorized vehicles of all types shall be permitted orgy at
locations and on roads approved by FRICO.
7. Entrance to the leased premises by Lessee, its
employees , sublessees, guests and permittees shall be through
the existing gate on the west side of the leased premises or
through such other gates and locations as may subsequently be
approved in writing by FRICO. It is distinctly understood
that entrance to the leased premises 'rthrough'the gate on the
east side of the leased premises commonly known an the Lake
Tender's Gate and Roadway is prohibited .
R . Lessee agrees that no vehicular traffic whatsoever
will be permitted over and across Milton Lake Dam, and this
prohibition shall be all inclusive as to Lessee, its agents,
employees, permittees and guests, and all sublessees.
9 . It is further expressly understood and agreed that
the lease herein granted shall be used and enjoyed in such a
manner as not to interfere in any way whatsoever with the
maintenance, repair and operation of said lake or any other
-4-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p.06
-FEB 28'94 1.6:S8 FR COLLINS AND COCKREL 303 986 1755 TO 2325451
F.07-16
15
B 1148 REC .090926 03/06/87 15: 55 $27. 00 6/009
F 1670 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
•
unless such default is cured within ten (10) days from the
date FRICO gives Lessee written notice of such default .
With t default by Lessee,
may terminate this Lease unless such default is cured within
thirty ( 30) days from the date FRICO gives Lessee written
notice of the default. For the purposes of this paragraph, a
default not capable of being totally cured within thirty (30)
days shall be deemed to have been cured if Lessee shall have
initiated action to cure the default within the thirty (30)
days and shall be diligently pursuing total cure in a
reasonable and good faith manner.
A default by Lessee which, in the reasonable
opinion of FRICO, seriously interferes with FRICO' s use of its
facilities or which creates a dangerous or unsafe condition on
c the premises shall give FRICO the right to demand that Lessee
suspend its use of the leased property until such condition is
corrected. No waiver by FRICO of any one or more defaults by
Lessee shall be deemed a waiver of any other different or
subsequent defaults. For the purposes of this Lease, notice
shall be deemed to have been given on a date three (3) days
after same is deposited in the United States mail , postage
prepaid and certified, using the latest address furnished
FRICO by the Lessee.
13. The location of all buildings, sheds and other
structures placed upon said lake or lake-site by Lessee shall
be subject to the written approval of FRICO and, upon the
expiration or other termination hereof, Lessee shall have the
right, if exercised within thirty (30) days after such expira-
tion or termination, to remove all such improvements if such
removal can be accomplished without damage or injury to said
lake or lake-site. All structures not removed by Lessee shall
thereafter, at the option of FRICO, be removed at the expense
of Lessee or become the sole and exclusive property of FRICO.
Removal of structures shall also include the reasonable
restoration and reseeding of disturbed areas on the premises.
If any docks or other structures are requested by
Lessee which in the opinion of FRICO should be reviewed by its
Engineer or other consultants, the costs incurred by FRICO for
such review shall be reimbursed by Lessee as a condition of
approval.
14 . The rights hereby granted by FRICO to Beebe Draw
Land Co. , Ltd. , shall be limited to those rights which FRICO
may lawfully grant.
1r 1s further distinctly understood and sorted S
ex
Y.! Vile ne.v tion o: this Ls A..
i
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p07
FEB•
29'94 16157 FR COLLINS AND COCKREL 303 986 1755 TO 2325451 FOE is
B 1148 RED 02090926 03/06/87 15 : 59 $27. 00 5/009
F 1669 M. 1 ANN FEUERSTEIN CLERK 6 . .:ORDER WELD CO, CO
part or parcel of the irrigation system of FRICO, and in such
manner as shall not result in destruction or erosion of the
landscape. Any roads or improvements authorized by FRICO
shall not be deemed to constitute "destruction" as provided
herein. Lessee agrees to indemnify and hold harmless FRICO,
its stockholders, water users and employees on account of any
loss occasioned to or damage sustained by it or them in
connection with the repair, operation and maintenance of its
irrigation system arising out of any act, negligence or
default upon the part of Lessee, its employees , agents,
sublessees or others on the premises in the use, exercise or
*enjoyment of any rights granted hereby and , in the event of
any damage or destruction to the premises, Lessee shall repair
or restore the same to the reasonable satisfaction of FRICO.
10 . It is further expressly understood and agreed that
FRICO incurs no obligation and makes no covenant , agreement,
warranty or guaranty with respect to the amount of water which
shall be stored or retained in said lake at any particular
time, but FRICO expressly reserves the right to fill said lake
to any height or to draw off the water therefrom at any time
and in any amount and entirely if it elects so to do, and that
notwithstanding the execution of this Lease, FRICO shall have
the absolute rightr 'to maintain, operate , repair and enlarge
said lake and to do each and every other thing which in its
opinion may be necessary and proper in the operation of its
irrigation system in the same manner as if this Lease had not
been executed, and the privileges granted hereunder are
subject to the prior and paramount rights of FRICO in all
matters deemed by it necessary .or desirable for the mainte-
nance , operation and repair of its system.
11 . Lessee further covenants and agrees to indemnify
and hold harmless FRICO against Any claim, suits, demands or
damages arising out of the use of said lake by them, their
agents, employees or other persons thereon with permission and
to defend any suits instituted against FRICO or itc officers,
agents or employees, arising out of the exercise of the
privileges herein granted and to pay any judgments rendered
therein_ Lessee agrees to provide adequate liability insur-
ance to assure performance of this Lease. it is agreed that
Lessee will provide comprehensive public liability insurance
in the amounts of Three Hundred Thousand Dollars to One
Million Dollars ($300,000 .00 - ,000 , 000 .00) and , further,
cause FRICO to be listed as a named insured, non-cancellable
without thirty (30) day notice to FRICO.
12. In the event of a default by Lessee in payment of
the rent or maintenance of the insurance required by this
Lease, FRICO shall have the right to terminate thin tease
-5-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p.08
•
FEB 29'94 16:52 FR COLLINS PND C0CKREL 393 996 1755 TO 2325451
F.na 15
F 1148527 . 00 1 Pr 02090926 03/06/87 15 : 5,
MA../ ANN FEUERST£IN CLERK 6 RECORDER WELD 7/00?
CO, CO• in the opinion of FRICO or its attorneys, render FRICO liable
to pay taxes on said premises or any other part of its irriga-
tion system or other property or affect the mutuality of
PRICO, then FRICO shall have the right forthwith to terminate
and cancel this Lease , unless , subject to the discretionary
approval of FRICO, Lessee agrees to pay such taxen as may have
arise by this Lease.
IS . If, prior to the expiration date hereof, FRICO
shall cancel and terminate this Lease for any reason set forth
above except default or noncompliance by Lessee in the perfor-
mance of the terms and covenants and agreements to be kept and
performed by them, FRICO shall make a proportionate refund to
Lessee of any payments made by Lessee to FRICO hereunder for
the calendar year in which such cancellation and termination
shall become effective, said refund to take into consideration
the expiration date and unexpired portion of the year during
which the cancellation in made and the hunting and fishing
seasonal rights affected thereby and the portion of the lake
affected thereby. If such cancellation and termination ,
however, covers only a part of the premises covered hereby,
then the amount of the refund shall be further based upon the
proportion of the cancelled acreage included within the lake
and lake-site covered hereby_
16. The rights granted by FRICO to Beebe Draw Land Co. ,
Ltd. , shall be subject to all lawful regulations asserted by
the United States, State of Colorado, or any of the political
subdivisions.
17. Lessee agrees to comply faithfully and promptly
with all laws of the State of Colorado and with all the
regulations of the Division of Wildlife of the State of
Colorado and any other department properly applicable to the
exercise of the Lease herein granted, and at the cost of
Lessee to secure any and all licenses required by law govern-
ing said lake and the fishing, hunting and shooting rights and
boating privileges therein necessary to permit the exercise of
the Lease herein granted.
18. FRICO hereby reserves the right to grant recrea-
tional rights at its pleasure in common with lessee, limited
as follows:
(a) Not more than four (4) individuals shall be
given the access to recreation at any given time , and FRICO
agrees to provide at least one (1) week's notice to lessee of
its intent to grant such right;
(b) FRICO and any
right of recreational use shall,individualsit
in exercising such Wright,
-7-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p09
'FEB 28'94 16:59 FR COLLINS AND COCKREL 303 986 1755 TO 2325451 9;
F.O. 15
B 1148 REC 07^90926 03/06/87 15:55 `27 _ 00 8/0D9
F 1672 MARY i FEUERSTEIN CLERK S RECOI R, WELD CO, CO
abide by , all conditions of this lease and any regulations
which may be applicable in common with all other persons
enjoying the recreational rights on the premises as may be
enacted from time to time by the Beebe Draw Farms Property
Owners Association.
19. The provisions herein granted shall not be assigned
or subleased by Lessee without the written consent of FRICO,
which consent shall not be unreasonably withheld .
Lessee may, if it so desires , organize private
membership clubs or sublease the recreational rights to
private membership clubs and may grant to the members thereof
the right to enjoy the recreational rights and privileges
granted hereunder, or may assign this Lease with the consent
and approval of FRICO, provided that Lessee assumes all risks
for any injury or damage to person or property sustained by
any such members or guests. FRICO reserves the right to
approve any such sublease, which approval shall be in writing
and shall be premised upon the agreement of any sublessee to
he bound by the provisions of this Lease to the same force and
effect as shall be applicable to Lessee.
Permission is hereby granted by FRICO for the
Lessee to assign this Lease to the Beebe Draw Farms Metropoli-
tan District, a quasi-municipal corporation, and political
division of the State of Colorado. If FRTCO approval is
requested for assignment of the Lease to the Beebe Draw Farms
Property Owners Association, a Colorado non-profit corpo-
ration, it will not be unreasonably withheld.App to the Aristocrat Duck Club, which
roval wa
s granted by
FRICO on a approval' 1 i
for a sublease is
herein reaffirmed. With respect to the hunting, see and
Sublessee agree that the maximum number of hunters shall not
exceed thirty (30) persons at any given time.
Executed in duplicate, as of the day and year first
hereinabove written .
THE FARMERS RESERVOIR AND
IRRIGATION COMPANY
•
/�
/ - BYY/� cry _2e}2
oti4tte.^.t: . Its President -
= e
ro. ...r
• I t t9 e etaa n
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p 10
FEB 29'94 17:O FR C0LLIIIS AND C0CI<REL .303 986 1755 TO 2325451 F.10'I6
B 1148 REC 02C '926 03/06/87 15: 55 c ". 00 9/009
F 1673 MARY AN.• FEUERSTEIN CLERK & RECORL .t WELD CO, CO
BE D LAND COMPANY , LTD.
By:
Gene al Partner
grl :JA1
-9-
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p 11
FEB.28'94 17:99 FR COLLINS RID COCKFEL 303 906 1755 TO 2325451
PIRST AMENDMENT TO GRAZING AND RECREATION LEASE
MILTON LAKE, WELf2 COUNTY. COLORADO
THIS FIRST AMENDMENT TO GRAZING AND RECREATION LEASE,
hereinafter referred to as "Amendment, " is made as of this 1st day
of January, 1989, between FARMERS RESERVOIR AND IRRIGATION COMPANY,
a Colorado corporation, hereinafter referred to as ^FRICO, ^ and
BEEBE DRAW FARMS METROPOLITAN DISTRICT, a Colorado special district
organized and acting pursuant to the provisions of Article 1, Title
32, C.R.,$, as amended, hereinafter referred to as the "District. "
WHEREAS, FRICO has previously entered into that certain
Grazing and Recreation Lease, dated March 4, 1987, hereinafter
referred to as the '"Lease," with Beebe Draw Land Company, Ltd. , a
Colorado limited partnership, hereinafter referred to as "Land
Company"; and
WHEREAS, Land Company, with the consent of FRICO, has
previously entered into certain subleases of the leased premises,
namely the Grazing Sublease Agreement, dated July 5, 1988 ,
hereinafter referred to as ^Grazing Sublease, " with Aristocrat
Angus Ranch, a Colorado general partnership, hereinafter referred
to as "Aristocrat", and the Hunting Sublease Agreement, dated
, 1988, hereinafter referred to as ^Hunting Sublease, "
with Barry Bowman and Robert D. Malarkey, also known as the
Aristocrat Duck Club, hereinafter referred to as "Duck Club" : and
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p 12
FEB 28'94 17:130 FR COLLINS AND COCRREL .393 986 1755 TO 2325451 F. 12 1C,
WHEREAS, pursuant to paragraph 19 of the Lease, Land Company
has assigned the Lease to the District, which FRICO hereby
acknowledges and ratifies for all purposes, and FRICO and the
District now desire to clarity, alter and amend certain provisions
of the Lease as hereinafter set forth,
NOW, THEREFORE, in consideration of the premises and the
mutual covenants and agreements herein contained and also as set
forth in the Lease, it is agreed as follows:
1 . Any reference herein or in the Lease to "Lessee" or
"District" shall be deemed to be a reference to the Beebe Draw
Farms Metropolitah' District_
2. Section 1 of the Lease is hereby amended in its entirety
to read as follows:
1. The term of the Lease shall commence on the 1st
day of January, 1987, and, unless sooner terminated as
hereinafter provided, shall continue to and include the
31st day of December, 2O16. The Lease, this Amendment
and any amendments subsequently authorized by the parties
hereto shall constitute the entire agreement between the
parties hereto concerning the leased premises, and all
prior agreements, contracts, and understandings
pertaining thereto are merged into, and superceded by,
the Lease, this Amendment, and any such amendments
subsequent hereto; provided that FRICO hereby
acknowledges, consents to, and approves the assignments
of interests set forth in the crazing Sublease and the
Hunting Sublease according to the terms thereof.
2
Wednesday, October 16, 2002 1046 AM Christine Hethcock 303-333-7278 p13
FEB 29'94 17:01 FR COLLINS f#ID COCKREL 303 985 1755 TO 2325451 R. 13 16
3. The first paragraph of Section 2 of the Lease is hereby
amended in its entirety to read as follows:
Lessee shall pay FRICO an annual rental of Twenty
Thousand Dollars ($20, 000.00) adjusted annually as provided
below, subject to renegotiation as provided below. Lease
payments shall be made on or before the 15th day of January
of each year.
4 . The second paragraph of Section 2 of the Lease is hereby
amended in its entirety to read as follows:
The base rental payable for the last twelve (12)
years of this Lease shall, at the request of either
party, be renegotiated by the parties prior to the 31st
day of December, 2004. The parties agree to conduct
rental negotiations fairly and in good faith in light of
the facts and circumstances relating to the fair market
rental value of the leasehold property as compared to
similar properties with similar uses as the same exist
at the time of such negotiations. If the parties are
unable to agree upon the amount of the base rental for
the last twelve (12) years of the Lease, an independent
MAI appraisal of the current fair market value of the
leasehold property shall be prepared, at the Lessee's
expense, and the base rental amount for the remaining
Lease term shall be based upon such appraised value,
subject to the provisions with respect to any overriding
first refusal proposal from another party as set forth
in the following paragraphs.
5. The sixth paragraph of Section 2 of the Lease is hereby
amended by the addition of the following sentence:
Further, if for any consecutive two (2) year period the
fair market rental value of the leasehold property (as
compared to similar properties with similar uses) increases
at a rate materially in excess of the price index adjustment
for such period, then the base rental payable hereunder shall
be adjusted to fairly accord with such increased fair market
rental value of the leasehold property.
6. Section 2 of the Lease is hereby further amended by the
addition of the following paragraph:
3
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p14
•
FEB 29'94 17!91 FR COLLINS PND COCKREL 393 906 1755 TO 2325451 P. 14 15
No Lease payment or other payment to FRIco hereunder
shall be deemed, for any purpose, as a charge against any
person for the entry upon or use of the leased premises
and appurtenant facilities for recreational purposes.
All such Lease payments shall be paid by the Lessee to
FRIco without regard to any actual use of the leased
premises for recreational purposes by any person.
7. Section 10 of the Lease is hereby amended by the addition
of the following paragraph:
Notwithstanding any other provision of the Lease, in the
event of unforseen circumstances arising after the execution
hereof which, if not adequately regulated, would impair the
operation of said lake and irrigation system or which impose
a measurable fiscal impact upon the operations thereof, Farce
shall have the right, from time to time, to renegotiate Lease
terms, including rentals payable hereunder, to mitigate such
events. The parties agree to conduct such negotiations fairly
and in good faith and to conclude such negotiations within a
reasonable time after the request of either party. Without
limiting mitigation options which may be appropriate for any
particular citcumstance, the parties shall consider reasonable
restrictions on grazing or recreational usage hereunder, fair
rental adjustments as a consequence thereof, additional
compensation for adverse fiscal impacts resulting from and
commensurate with Lessee's usage hereunder, and such other
measures as may be appropriate and equitable to each party in
order to maintain the effectiveness and intent of the Lease.
8. The third (final) sentence of Section 11 of the Lease is
hereby amended in its entirety to read as follows:
It is agreed that Lessee will provide and maintain
comprehensive public liability insurance in the amounts
of One Hundred Fifty Thousand Dollars ($150, 000.00) for
any injury to one person in any single occurrence, and
Four Hundred Thousand Dollars ($400,000.00) for any
injury to two or more persons in any single occurrence,
or the maximum amounts which may be recovered against the
Lessee pursuant to the Colorado Governmental Immunity Act
if greater than such specified amounts hereunder and will
cause FRIco to be listed ' as a named insured, non-
cancellable without thirty ' (30) days notice to FRICO.
Further, Lessee shall require the Duck Club, or any other
non-governmental sublessee approved by FRICO in
4
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p15
FEB 28'94 17:02 FR C0LLINS AND C0CKREL 303 986 1755 TO 2325451 P.15 -16
accordance with the terms hereof (except for Aristocrat) ,
to provide and maintain comprehensive public liability
insurance in the amount of One Million Dollars
($1, 000,000.00) aggregate limit with FRICo listed as a
named insured, non-cancellable without thirty (30) days
notice to FRICO; provided that the aggregate limit of
such insurance shall be increased in an amount
commensurate with increases in the Consumer Price Index
(referred to in Section 2 hereof) whenever such
supplemental coverage is commercially available to such
entities.
9. The second paragraph in Section 14 of the Lease is hereby
amended in its entirety to read as follows:
It is further distinctly understood and agreed that
if the execution of the Lease or performance hereunder
shall, in the opinion of FRICO or its attorneys, render
FRICO liable to pay property taxes on the leased premises
or any other part of its irrigation system or other
property, or affect the mutuality of FRICO, then FRICO
shall have ,the right to terminate and cancel the Lease,
unless the Lessee agrees to pay such taxes as may arise
by virtue of the Lease, the Grazing Sublease, or the
Hunting Sublease.
10. Subsection (b) of Section 18 of the Lease is hereby
amended in its entirety to read as follows:
(b) FRICO and any individual to whom it grants the
right of recreational use shall, in exercising such
right, abide by all conditions of the Lease and any
regulations which may be applicable in common with all
other persons enjoying the recreational rights on the
leased premises as may be enacted from time to time by
the District or the Beebe Draw Farms. Property Owners
Association: provided that the indemnification provisions
set forth in paragraphs 9 and 11 herein shall not apply
thereto.
11. The Lease is hereby amended by the addition of a new
Section 20 to read as follows:
20. Except as expressly set forth herein, no
provision of the Lease shall be construed as imposing
upon the Lessee any obligation, responsibility or
S
Wednesday, October 16, 2002 10:46 AM Christine Hethcock 303-333-7278 p16
FEB 28'94 17: 02 FR C0LLINS AND C0CKREL 393 985 1755 TO 2325451 P.16%16
liability to operate, maintain, repair or replace the
Milton Lake Dam, its substructures or related facilities_
12 . Further, except as expressly modified herein, all
covenants, agreements, conditions, limitations, and provisions of
the Lease shall remain in full force and effect and are hereby
ratified and confirmed.
Executed in duplicate as of the day and year hereinabove
written.
THEFARMERS RESERVOIR AND IRRIGATION COMPANY
7
By:
P es dent
ATTEST:
/
7 biyL
Sec etary
(SEAL)
BEEBE DRAW EARNS METROPOLITAN DISTRICT
l �6l
Ares tent
ATTE n
111
Secretary
!SEAL]
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November 12, 2002
To: Weld county Department of Planning Services
1555 N. 7,h Avenue
Greeley, Colorado 80631
Board of County Commissioners
1115 10th Street—Third Floor
Greeley, Colorado 80631
From: Jane Evans Cornelius
Coyote Ridge Ranch
18300 Weld County Road 43
LaSalle, Colorado 80645
Re: Beebe Draw Farms / REI, LLC
Second Filing — Case PF-1021
I strongly object to the request for 406 additional lots in the Pelican Lake Subdivision and
urge county staff and commissioners to reject the proposal. Further build-out will lead .to
environmental degradation and will endanger residents due to inadequate services.
The development also epitomizes the suburban sprawl that has become the bane of smart
and responsible planners nationwide. As proposed, the huge subdivision would be bigger
than the towns of Platteville and LaSalle. Yet it is many miles from regular and even
necessary - city services. Not only would the development overtax infrastructure such as
roads, it is completely incompatible with its agricultural setting.
Simply put, a housing development of this magnitude is not suited to the proposed site in
rural Weld County.
Here are some specific concerns:
• Septic systems in the development involve leach fields in highly porous sand. Waste
will leach into and contaminate the water table, area wetlands, Milton Reservoir, feeder
canals for Farmers Reservoir and Irrigation Company (FRICO) and domestic wells on
area ranches. Having the "Metropolitan District"which is controlled by the developer
monitor septic systems is asking the fox to guard the chickens
•
Jane Evans Cornelius (970) 2846878 Hampton & Kay Cornelius (970) 2840927
18300 Weld County Road 43, LaSalle, Colorado 80645 Fax: (303) 4446213
• Further development will degrade fragile sandhills, causing wind erosion and creating a
Sahara-like sandbox. The damage from some 30-40 homes already is dramatically
evident. On windy days — and there are many— blowing sand fills the air and covers
, nearby roads. Such degradation surely has a negative impact on rich plant and wildlife
populations:
• The impact of continuous overgrazing on small horse lots in the fragile sandhills
ecosystem will be devastating to agricultural neighbors by spawning erosion and
serious noxious-weed problem.
• Rural services such as schools, fire protection and law enforcement are inadequate for
a huge subdivision. To illustrate, a recent lightning strike sparked a small wildfire near •
the subdivision, and it took local authorities almost an hour to,reach the blaze. The
results could be catastrophic if a strike were to occur near hundreds of homesites on a
typically windy day.
• Schools in Platteville, Gilcrest and Kersey are crowded and budgets tight. Some
concerned parents are driving students to high school in Johnstown to avoid
overcrowded conditions. 406 additional homes would cause an increase in students of
approximately 800-900 children thereby doubling and tripling the size of existing
schools.
• The subdivision is surrounded by active oil and gas wells, which include volatile tank
batteries. Lightning recently hit a tank battery near Platteville, causing an explosion and
raging fire. Again, such a scenario would pose a significant danger and potential
liability to the county if the fire occurred near hundreds of homesites rather than in a
deserted cornfield. Continual traffic of heavy equipment servicing these wells, frac wells
and drilling new wells would pose a significant danger to a large population.
• Roads surrounding the subdivision are designed for and are commonly used by farm
vehicles —tractors, farm machinery, loaded hay trucks and wagons, silage and grain
trucks, and oil and gas field equipment. This slow-moving equipment is incompatible
with the steady stream of commuters and residential traffic that would accompany the
proposed development. Weld County has had the highest number of annual traffic
fatalities in the state, and the number of serious accidents is sure to climb with
the additional traffic on rural roads.
• According to the developer's documents submitted with application for substantial
change hearing in December 2001 (Docket#2001-88) decrease in lots from 536 (per
original application denied 9/00) to 419 would decrease traffic an average of 1,000
vehicles per day. If the developer's statistics are accurate then an increase in lots of
406 would INCREASE vehicles over 4,000 per day. Our rural roads can not safely
stand that increase in traffic.
• The subdivision sits amid farms and ranches. While "Right to Farm" policies address
potential conflicts between agriculturists and suburban newcomers, most transplants
are not prepared for the realities of living near farms and ranches with daily operations
that newcomers often view as dangerous and offensive. The result is a hostile
environment and the rapid decline of agricultural business. Residents of the Pelican
Lake Subdivision could encounter odors from a large dairy to the south and a large
feedlot to the northeast; aerial spraying of herbicides and pesticides is commonplace on
nearby fields. How will the county respond to complaints, and what impositions will
established farmers and ranchers face?
• Suburban sprawl is a well-documented threat to the farming culture, which already is
battered by a failing agricultural economy. Agriculture has a proud heritage in Weld
County and has led to its reputation as the state's bread basket. And rural Weld County
— the seat of this agriculture — is not the appropriate place for the kind of vast
subdivisions that line the Front Range. Weld County's growth should be well managed
so that is makes sense for all county residents.
The new planning guidelines recently proposed by a volunteer task force and adopted by
the Board of County Commissioners recommends that growth take place in areas where
services are available. This subdivision is a clear violation of those guidelines.
Thank you,
r
Jane Evans Cornelius
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