Loading...
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 E. All plats shall be revised to eliminate previous notes no longer valid on the plats.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, • 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 • 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 • 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 I • • 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. • 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. • 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 • • • 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 • 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. • 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 • 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 • 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 • 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 • 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 • sand, gravel, or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a certified geologist or other qualified expert. The statement shall indicate the estimated quantity of resources and indicate the economic feasibility of recovery, now and in the future, of the resources so that the Planning Commission and Board of County Commissioners can determine whether • a COMMERCIAL MINERAL DEPOSIT, 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 • 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 • 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. • 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. { ign xti _2- ft-t.—,e6"+. +, '��+�.'J'._r Void.,41, ... 721�7T.f�i�i i;l i1`• >iiyl't ty�7;, ,I[ r"s.r.;_. _I I y it g it '�..�.._9 fir— '_l .'b3.� }'rlit.ni Iakr Ranch 'v^ 1. i.K ! _:. + ,1a�;!.•._ _ _si _•... y i tea+ rM'�EiYaxa _ µ .' .m` "`" x,� dt'�- KaM�SIFy"'.�.C'r•�^` •."��V_' .w.. .nY- � - .Y'�x -•r•Y,�, .:K----T:.1...: .ln.. • -_. —Rv. e4r� L„,• �YF�J.t✓u'4!^k't'K ."' 44-S-a .p '} *v�r a•C•i � f f +, ..mot, o3"ict-., .Y."a' OFF „2.p. kt iV ♦Y S. _ r 1 _ � j r ' ,1.„..4._ _ r - < 7 r' 1`<.c, sow g i ft ,�r+; /srls,•, r tp',;a.Y�' t1L )i cAisk I S �' . ,` ;?! , TS ; d� .It.`d - to ' 4,f )F.: ti •: )L\ ui 1 Community Center Building contains mail room for first filing, school bus pick up/drop off, and Metropolitan District offices. j� rsr: arm_„_ ^:�.-. _ _. d .fr :.0 :. y • e 2 Marina, boat ramp, parking area. Docks are scheduled for spring 2002. Hillside is seeded and mulched as part of the revegetation plan. p 'Yy • J . —.•x!i-4 �.� r •.. +9 414er i r L w, :.•;¢s .. 'Pre. 1w .." .1....4,7......3r: ,:-..27,..:..,. r•- 1. .V r4� rtnr -.�ti."".. . nto.. t.a,1-,zA.. '^LTX't ytr� --LC" *.yt i �,.s it s.-•.s R.� :\rte q,.yrle 4iF1 a+ ..r i7 '''(.s 's,= � ran- t : i, ;7 r4,7- -'.•*/. .�'� 'kit� �.',P--1' ...C \ '1 1\r , X4' v Mr .. 4 - ! \ a 4.'�1." ' r '• .3/ ... .., --. • It tY.h, . '1 \rt ?, \I , -'•�`. , ri. ' 1 t -. ,,,_.r. \ h w .\�i, \ A,A! Y1 kL..S. .f • 1.t „7k xe'"(9, ,411njte }.�i• 'ir i ♦i r^ .,.' l'. . ` \rKM tie'. lie' P 4-1 r' b� ♦ t))1. 1 1'i{ 111:}, 1 r t `-. y 1 I trN a It : 4 Yyf,,t. . A y7 Vt.' f<1.'-'r !\-1 r�'" ' r' tliV, f f,{ \, 't ,. 1: 14.1% ,x.` 1 ., tr. .'`r S 1.-.114:3-- r \4:--47.'),..., 1j tt i ),41, St4,1 t a• •etc � 7,}.�.•. r �' L I ,?•,31.1? L. i .ss $ r :VW.' tt( 4 l ' •' `7 Y S r � \ Z.+5 rf ' A. 4 \� r: \ r,+ S J V `\�y�4 } d 7 t f. t' J r k 4 i ..:11)..... J n z {f i ., r{ � , .t'hd,�\l .I r\'IL,1 ,•v \1 4t, t1,, : , ty.,P t• � •"-•.pr:i y�t r� �, ' I i ,�,t ' 1 . I t -ii,i ' Aft ev_r 'd`I �X4 '' i , .It fFf lW' fir. rt) .Fla, t 1.4, •,. t' { ,�{ S! -I. 1 nr� jr r lt� �. ( , . i �. I', +�i r 1. I 1 �'ti. Y)t> U-1 • It M.`II. A 4�fr Tr4,tc,At—4i'"-1.;tint. r � r rI 1 V .1 .` 1 ' t 1 le- '"� Si: Il�SV• lx�ij _ '1� vr! ?� �Ai tl 1 r, tt r r r r�'•r nie, ri • d '� X I" / I t �; /': .t.-- ii ,i / 1 t.1 r ill' l • fv/t, Y*/'r/—O2 _./ _ \. •�'rt , +.'«, r.,,.ix1 x` 11 _' ii ,,YA. . \ . �!i: • t '4 .. ,AI , l' `' 1 i. 1 "1 } ,1.L\• • 5 3,000,000 gallon water storage tank was erected as part of the water storage system, based on original PUD approval for 800 lots. 1 X3 N t( .v —t— 1 a i ,r illIIIIIII . ,Imo air ,,.. , „ , . . oh.,:„:, ,,„, .. '4.4, ..,4 ' M1 ♦ ♦ " 1 i 7 it S 1 r.. , 4 _Weld Cc0ery Road 38 1 :-.. 1 PgmmN FNI ... \ '..�JTh —Equesman Trail . .7.7.1-t DIX,it):4 .--WIN brat SP r5I\ 4 CLI et.„ and School Bus S • ,3 �", xOmlotANd4 ' �.s�� . t\ t ,%$ k • iling No n ' 1 , TamAsomda4S ✓lam L '` Gah , \\ ? ill alkI off" agi f'• - J�a+ ' -Pkttt Valley Cewli/ � IT v �xs . I �® % �1�� G�9 M Q " ' _ `•:-� -Private RoaL j �. rY �, rg � Approved , ' X11 `. �at1_ r FilingNo. I \-4, ICNISTI I 0 `x \ ---- Eauflog NB.1 r— --Beebe Draw Farms Parkway @ �'- '� �' �ti 2v /' ` Iv, 1100;144;4; .e raq. .� a. Funve Clubhouse .:•v�r end Relawted ady!3_ ,' us"" —z— Fa liriu V. � J-", ol�f m.�mweus. \ Existing Marina • T; ; - �ri � � i......c�� il AN la _ . ® Wail pg• ; - Pelican Lake Omar rya \ 801X0 Rares rEVS. ke ,+a;.-,.. ' „' t,''' r Equeaaian Trail gyp.) 4 (Leased) 1 �# �� A ed ° • d i \ g� zax X.GSM�, f .: k YCL.A4...0.14 \ 8l 4 'L E o n 1J '"" .ul L�t1 • } "r�°+4sy r, ,Spam Wildlife Refuge inrIrni, eOT � 1 r ..." „.. b �.'x .. propo4d Mailbox Building .� c�J . and School Bus Stop 3 i ial k- n y ®� (See delails on separate sheet) \ as-ados-cod t eic OwW ...__. Weld Lunty'm132 Legend \ new NOTf: ..c.--. _—_. . Appmx.[o0nuan Easing GU Lint ISudlrn - II M.Irva4vl r..(I nr:.t[ ...,J n.J Ma Use Sla .._— r. r.d.rn ry:l;rumuemrr.+ Land Use Sunmtry -150•RGm Well .. \ - Teal No 3514.21 OAN -I50'Rndius Setback .. - = :v,�'•. 9 1S WELLS.LINES Fiii N.2 MO EN _ 1: f FI y• II JI p i-' tt.cams LlitA At -2 fdius ator or Setck Battery Location 1MFIme OT -200 Rath 411pCk t r II IT II lF IA Intl iLr4 5 Equestrianr `"� Ir 1 Al Iru I 1 1 opal plsce 594 '+ 1 J P IF • .l n.r r. .r Q Spam INl69 An agd% Approximate 25.ofall Lan dull be caused=1015 \a t-. v u J vll I•nu en•n.r v tn.n•. •J FJm N 6}8.8]Ar. 1 Lilee No.2 eamr. a?2b M Mailbox Building Envelop[ T t IIVM1YaRWIa Fre Fm Seam Sun) Q r ya IJing y - P.U.D.Master Plan - a Emxbpc Beebe Draw Farms - Filing 2 Mn-..L Sat Fling Not-23 Aorta •OIOII im PYnmr Sw..yur thyme I ITET l.e-TTC- h DaNd A Cling^SNra.l 3d Lochner, g EaeemglJd Nilemee P.ngmmnng ! I 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• I 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. "s 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 . . m - - - . - 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) rya 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 .., ' � 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 0 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 �.� I°csceetl5 r of area C JQ� )All ^_dl,rgu nnsl he slcly + !1i cull\ ) q ". ' 2 aMW —/- _ �� - �_ (n ZtrZ III' Prim Yard setback ce paw Lot width varies—see plan a (7) zAll drivewacs�— te —— LL w must he pa\ed ¢ cc — — — — l\p. IloaJ IT — — \\rid Count\ CC II 0' R17 A\- ,77 al w 4' hike lane — -- - I Ullc' side UlllV I mot 15' 1li)il, t;nrumnl • L-6 To prevent erosion, revegetation seeding and mulching is scheduled immediately as soon as new road shoulder work is completed. .nlF Y $$..,, :wets' �t' "M•a Y'1}i� 1�✓ vit w Y 3 ya Gsh #4 � { r1 • p„` .: • _/ n �a 'k(, 1 a y ..�{ 1:�)�'li'7A�P'!. 5 t_! i �`$!wi'rw yi^.;n . .. `.y, Y " fuY�.w�tr.s vlSyy.a . • • • 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. l ., 4...- f -'.�� ti[ i ee� It:, ilea re '�tire ..• 3smk. # „• r. ys�dy- ...5 1_ care i i r[ e� t[[:[[ a V5e a 'F[ �[ e, • ' ,' • t �. - 'rte"• '+E J?.« Y"nt'a"y•` y �q's. fi et; x'41- • �y--'"wl-; ?._ - i .'1,Sv F.-p�,'.1e' ♦ c+ $ t F' itti r �i PWSm 1:.°prey W tt;agaurepmod: tamgef ,41 1044d aC�,LNEto DiLr' '. == vase+• ._i; : '' mat .Y._ 4 all, 7, t�leat6Y Sy dlt ''� . 1 [ce s `4t.. sperarifi [flied a 3evv 9eexvewefbemlkaimmWa de lmo ° feefrastecen areas Sala finagled SilevN CA4 CoDy #12-es..n-S SJ9-/°A INS'EOP/GyY�t • • • (lag . at() a) • /65197 St & .U. Rcazi c r-s - Rs Pokrt.D a / A R PiA C 4)s r • e rhtit i M/1" Wi4 r PazPUeL l'/ C kSe-Ob PeGI e I 51.`:„.1 s Fr • L 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] 6 i £ice t F 1; 9 14x Ek x� A '',' ,4 ,,,- ..tw a. .t 1nf µ. A : .. wt iY N hl k Y yiAx a if 41, nj1Pw +�At�I1Ftl^M1Y6\ ;3,4 3f1m Sk/scf tc v } 0.r t pi XA jF . co c)Qc:.t:\ � 4 g.. a" 5 " 3lyfl . . s . • • d. A 4' q I i .. f { . 3 y • y.!6 oi5�ru y3 IWIIIII tl • Hat, . k iE 4S dK f µ w � • j i z.,-,Er''''r.— # �r >Aar a F° 9 p ry , ( '.. 44 ' 04.. i fa it U ..*jkr 'a "t r a g • ' r x {rw r. ra,` - i AN....I:4. r ' F u -. r 'a i" r •ylg gya. y.a di{ai • �,q MNe y Y iM•M • Lh 17C. ' i t CAh,[°�hFF Ni"413;,.tt t i{'d se, 1 if, pv to ', :a^• � SP. 4y y ,iCoPirtlif'.;;;4..”; i' =, 9 iii.• p3iY �I �4(1.44;44 ,,,4 i4 M�! v yy t oNiguiyir: r. ♦.'tot :'1/4y" a$ •i a2d -p 3U * a.� gr .a t �g,A ;t 1"r y .r • ':a a s ¢ • '•aNs • • ,,:q a i r ' tic-' ,�a • 'r y: 7 I , t }i i'.•�t af � ad s�} s�fMr.'. g .�eC I..� Y P r4N • ..••Is I a R • $ ., tr"Wst l' �! wa3 " a :x 4 (y t .4 5 t v: t a. ,«,t t d;(4. r t1 k { ot� , 'tea •• •• v'i` • r i +Lit• ' " • i i !., q„ a :a ..9 i .Ti• , • Ii U•!r Spa:. a_ • 4,.4f.:•;;:;"‘;'.•;...; ri "'n2'+g . Y{. k+llsa, r . ,.p, ;" .. ; i ykC ° ii:' use. M .fi ' . • .t "yti• ; i s Pk $ " sa ',..*;.0,,,•N''.: # ........h°:4°1Tyt } .0,,,N....2...: Y i at 5 , i 057i Y 9,71 4.r. - } yac� ,1 a, ' �w a e : 1 . s b q1. :t.k... •yty ITI •., :, jl k , • 4 Z+ „ t-r... .w+xA 'k��r+ M «�$aPXI"" $ + . , .. • p� . t . 1 5 4q J a ?,} s t , r• % •S:' I d. Cah. t } T P..'}p t k X q ' * & - 1` _ — • I,NB ::::";:11"1";:1;43•: tY t A6xY fx.Y .Y ;r: i t1 VI 7 • ESto afE .4� i�fa$� 1x4 k w;+a}r� ..d },� s ZY 4r- ICC • ; l a a} j .}*r j;, + gib fk:• ,-4 1 ,:if:^�.11 ,.ff' pr kra 4172 t• Si ti ri. r y dk ' a,t ?s tr • . to s , 't � pr �.w #+i"ah� t! �.'F ,r. 7 "0�1"gi' . 'd k t '4 .�# to • } 4 to a'irx 'k:x itni tisiik it.0. • .'%' .K "ri y Ii ! to k i ��' k ''—�.: titaalaaa : 1 :'•1:•,tc l ' ?t Ca 9h d " Y i p �' 4 aS tii,lt :1",;:f fl:it� 4 kt Sr•Y '~�N �, a i� .'1'51:4s�(ity!• 17•: i,Ix, I7 i,,, rlir }§ i, 4'� _. F,„0..;::„.2„4,,,,,, j im"e" 1, 11 .y. t ......°' +4 rr" ,......2-.7-7.1.1.1 w+6 a+aw W i( 4 ' n aeC' Ott w'I.. j .vy 8 •,,,,. '! • Yl.�d 6xafkM •s e� • ky?�i Y "�, E1 h Ida !O3 ti 1: ik:. I + .1 i: . r - 4 iPk 'sir ' 6 . , a R . .' ":„,•,..s ..Y xr,4Tu,C IS d 1/2 e ti, It 41. P. Lif*r �Yat t '₹�!"'-rt.agl� .. k erg ra 3tt r. Pty u� '4:',..t et 144 i rte. ' n y§kz t 1° . f 3 Itlr�� 1 7 4 I t EP ' , ' 4 € �> rge; r,t o }. k444,q t ,N ' �` 11 . 4 ) d ''1/2444- • y i fi ye 9 Ya'$ .�•'t �Y 1 1 '1"'. .Lp3i' "fie Y1 '4",; s ys " t t r. I!g y , N 6 '.7 r k". 41. Illinwxx.:ms u 4 v FlyI ra. "q'"" I tit •vy .., i as F , fY ti ,• .i a k Y fiq Ya y - .. 4 ;xsvlp 4 °Y Y 1 1¢. za - ;t,� - 4�{ {y rT '4' , 4% %54w 44,E ° a� { *,.N I '' • t 4440 `^• .,:"•,;1/4 I tro a h r i y € a 7 - rs ,N'+ "° a ;ca. K4t'>f': • ',.- '• y1 1 k_ ••••414'z'•;1,1;;;-;.• ly,r tt 4'�y Io•4i A x"5 u :�. .� `•44•44••;;;„' 4• • •4:4442 • 4-45w 4,5It x 1,.+ 4,C k"1 ''Y ys ,% k 9 yr k. �, _ "```%, s FaY#.:J X ax E i. 4§',+� e(41 '. s 1t�k'4 3 h tit , 1. C .; # " t ' rx '� »$ �Fg _r t s 'r° co- , �, :", • p m • • , • •; ctf: ra • ••�. 4N4°.,4aw3 5::.+'"9 . 5##44+7' 2'• :g44;4,-.•„4-,,t, ` ` a 'ar. �?d ` .,+ °4,,,44.4424445,,,L,4„5,51 ; 4n 9 ; 81 `te 'P `}' ?' "•=,-";:"4,--; . 4 ,n. ti!Sr4p t • k° `i � ! � ' tW'kx � t .• .,i,.++F t.. :ti.•,`, 41IWotiati ta,tt:? � v.rre.aw,k.- n xr,. • m ..__ =: {, 4 a-0 r 4 y 4A"."9:;',:, p'.._ k • :42441,4 - i i' , it!x�P` i • tL n*' 1: d' dyb t o-. .x , t t ;;' z .tq .. fi e ' 't ik' .;$.44''" f ',t{ 1•rEth, 1 i,tfJ. rY 'i�! •'1,,!�.'t ry ai }. .r# i' se.1_t'0,.." I ' i • 1'}1-�'.�� '{ • v! •1.5,:•&-•f .5.1)55535i.ti q 1. • t VP t. • ••—•‘..411..c4,,,,,,,1•••,,x t t4. {`?••••••!•!&•:".../..,..: .. i 1•Y i iq Mpp • i I. E aq i'�k-0 d r e a Nr ° 4 C r __, •' :i 5� i . �: • .15.55 • t 4 • „Ilrr- • re�YR ..rMa"1 • ( -1 t? n 9n �i �� fllV2 "Ga3 Wi$}Ly'7�r- -. n �.. t , f aIts. 1 k • 111_ Yi 'S $ • 1 .yt kF r awt • � 4Y i ..„;f t.:.:44 f f fc.� Q' r«. u �fr i ?fs°Cit_f�>"i. p t. il'rt.' P• 4 it 2 n • '• f971, I I x l n w"' .s ., ••••,•:41,;::::...,10r:15;111: V •„.".„14k a�A i�~5 k9< i a. f , I ��� 4 I fl � > � r•is ua�Y y"°P' y e.,4+, 4 'ta. �^4' a'� t I: • t q a•h W- 3'f 1.::.„41,-, Y , :4.,„:?..„...?4-..4,,. • .t: jj-•-•":"Itz:: •:: iptgra„-it.:,:.:A,„. l‘te ,,,,, i .,•, -.•.1 x • 0+- 5s� a .mow w..ns1 --1-.'!.:"Ii.,, �b. w. S .. !'_ h"+t r y; Yom, 9 7 . . ,3� t,. ¢ 1 Iftil • Ma �^t r eta at �,_ 'nl.:,,'�''h�'�� 'K}e, - - `fit ;0y i frptaaat W ° 'i.' : • a� 4: Yh b;'R I". I 4 } # � A s m p t ' 'i km' a � d o .1.1,;........„;,,,,,,... .. ni i h >fri. { 7 +t5 atP i o dY �¢d.y5 x is I• F. ,, Sx roi,q i�(yr a 4 f k t ' _ i Y ";•5=i•;',.%*441••• M,{i { li {. '** ff" 6ta� A t' ,I' t a t u :• t • yaffg' i t S i . ! J [i5g fl15f!i..o x b S I�Y t y :iv ,45'1.. 1. :: , N u .S 4F i 1 I ..� j y SA • 9 '9P `��y ,M1�t M i y9' i 3 N +Y + 5 € t H" 2i c ''₹ 1it•SiS $h tp l.q�a� .:a di I 1514,": t �d i16:1:.'4','..!'!•."' xaa a_ ;w s .;'£r i_' r. AT- '......1 $ t. r! iyy ,+ '<Yi". 4. fi .. �` Iii 'S ` 4t. � r�,iak� °r i tv.Q y �dyg n, fgir U,i „d Yfi4 a� G t�r� ... w N. S jp N'4`p r FRr,:' ,1 i (�. I . qan% yv " aeP4 z" t i ' hat 'h R'5} .. I e � ; o- i I tr. k . .i q w i 141��yy�bMbb�: ` ' ' "i 5 �A1 µ ,,Ifs f 4 } ,. • fit „ axi a aayd`a` s R x r 9 Fqq i, t .. 3 a y'' "fix¢NI , .t ar�ati�! - ryd'" 1a 1.•f • • 9 - ,,ii b "I:.a,L: y X •• • .i`-Skit'v41'..• i•e,,Y,. fin t u • '1E -4 W.yl e'�deb hx it i�+k,yS4 �+X4iY Fd. $ • to ,n'1"' 4 4v�k. '� .,f.:,..1,,,. • I .t : e c N 9 t A y ��, 4� dI 4 .. d d a 1 y d eta. C btu C 3 d� e.yrt. ,� .Ix. si 1tr3#?xw r ,....ii . ;-.4;.... t 3 dg�{ 4 k t :•”....4.,/,.•:.:Z1.".' t �*" �t'04,' an & h Si 4 i �74 slk¢p R... ! ;g a . gL.Pifa i p } p 143;:::'6O j I 8 +q, ,�,$ { �xr • "`bra a r . xs #mot • • A kF h fi it r • y f i+.^z�t Yy *C 1 v • # •• :...tad •i`!a t . . toA ,.. 9 2 S, d KI • '7�4p • t '�yR�Wd �Q. p -p,.p Uy'f ^s ibr.e5 ' • ���'tyI/�^Ar1,,' 4 y wiM1 S,...:74.::',.... • .....,:„.,,w,,,77„44:0,444.4.5T :L� 'Yt '..' V `{ Y • lrpS 4 ." n 1' � k �! fS e ti • i! ' f R 111 l it 11»� *.,y> 9 4, • • y 1 fie, n , 1'#i'�*."',Art 7.'<.; t< . >"' • zr'h t.�� 4 Gby� 1 i Lh 9 # S '4}* i .41 =9 ti .4 . i y � }' ' apt •44 x}F�' 9 f t• k.� :b j .n..... j ta r Ir. =S cp • . t y i h i . d • • 15 xh I#�' a yOPII2I • fgIii 44141; 4:t '. w..;n+r.;." +T"".S .a.aa. �srct'. rasz•r igi� ".21P . I k t M • 1.:,vkr I. ems § r ..q F' n �.. t rpOi alelt f r :11. ..ri .' X. f 4''U t eb ., Y I' i I a m ' tlk "I.! rt .'y{ 4 »b i is { r Ck! .� ,, 3 • • 2a�y ss . z x v•N fy2$ • ?.'v a 1 b .. + I. '. 1 ). ti$54A..."124•;,, !d& i • r t h re T.7 + { di . .. ._..... ""... 4M s° 'A iiii iiWitiiiiiiiiii:' :'•i • . r. L1 li ii- it �f,.. . • .i!h?hus.. p' td6Fih, • iaii9�.. 7 7. stir 4 �, � • ' I i. F# P CA ,+....I rrk�h a,.Ahs • IT! t li,l I , • r ,; a • "k'�` {aa •' • A ♦' :to q '4 t • �:A ...„ ..,.,. , , ,.,,,, i ms .. ..•,d f•.•'•'•,•3' . Ms k-iki,4-1P- !`s• 4 iii: li 3{ � 'yigy, M x. ' iii, # F I s . t ii N ,� i s 4a i i x#, i i.. ,o Ifr,33 Im fr j t ;tt e3 - / I e s xY} { sp• e. 9k x '' :; r x i i" r._ !.. frI >3,t��a5 i fripetifr:113 I':.r• { r of t'.F( i iii d u{ ,,a., 'i 1i �. i{:-M Iip rat • {�N `d I°�i i ��' i t: i d >u '"' •r. E ,,,l'-1":44; i Ia ice" —: 4�..i. C: x as. iiii r{ pt C x w.. b • Ca'II'i E :. y �* litIt.,, �Jp if l.. . bed '1 } �{ 4 i �' j �( � � fa '✓ tit gt' a [ dy R y + N nY J P 7,} y Y ax: t i F iNSGG,,,, s wt:. ,p ' µ i:.•••7.7:7.111.:1;;;;',.:. t i $ tai ui d r n i ° s F�il�: ark ;T3 :`. `>J. i��r ,;{ E i o .n i "ra sii'lFir aa. i • k ₹ u 1 - �6r2i P'.•;),•,!::' .t ' 'sp P k r ypl t4. •,:t4!+/:! r Mpt a d �_ i1. 'kyaa • ::t....,...' • s a .r '4 J, t a :` -7+SM"..dtlAl'..l71I.iN "' c7 nsi `as u :rn2 - ; 199 filet h< ..vmtAt^/IIIP .... rit..,,Y.olf EnY.j�}Q„I.. I. ii,./4,4,—..../I/I [ de: i ry' '*#wa.,. -.pay. E ......_.�+� .,. .,,-....,,F- . y � y tK . : L .y;. • 5 • N •i Cx f • r r.:',1 bitG.- I �itP ��¢� XAh .� 4p • • ! k 2���'t t � 4'Tj�4 ffi E s "...:2!;:i• i $"�.,q bPP%0 " 4 'i ra5a ,+ a ! w t a ''I, j % ;:t:' C t L i0 .r d x h Rv�P• • • 44(d t p 4 e s , , Ity •• d k Ia ,t_ i iq kj Pr' '. m54 '3:4Stp.ar M Abp '.y 'imIS ,I. tags. ,*K,di''ai t tart�, "+ d"'� >;4[ ' "� a eon ° : ite,,ii,(.7:•...e,.:',.N.,,,,i.li,44.4‘,4Ait.''''44.!!;'.g4:;2414.1Ariti4.,.:14.49.'.4; ••,!... • q iyy •'4;11?", :.! Y u' if dq,+�:.. f k ai. r4 t. ' k4 '4 g �f+, �11 �'1:4 t cz r { aaf� 441ft'. ri 44444.' 't�3 y° t: tq • 3 5a?F '4%1414P. ;1 t' 1. S '�'�i r ti ,,'yy 44. Y , a1,S. i R IIi( ,424 H a r ai ip i; E Pe a : • L'k - `� d $ • iii i Rj{.kryi }if" �uF 3,,,. I sdf �, kg, .r„ :,4'2::":22,:4" 4k tie ,� ix NWw: ta f r .i t I tt l,,ti �y 3,P.1(I ' Y xi • I'r°"' ,n„FL.' 4 r ' . t �f.E t!' !1i +2 ' • e ., i t • 44 u t{i if 4 � i; h • ."M .r S 1 'fa alit # P yilitf!.;A,{ ., i X�44 { a t... ,iktimar I L O,V Ii{�p",bgtt f 9 • 1k Axe} 5.kk. I kI't#d i�4,;p,+ t ., r i � Y t +'IE .4NM e:,6'. v `I,$, pjN .P hkx 1 4 4244„ d,}{�.a 'it:•. ^ is �n .c s� „' o ...ugd :• J AEI ' Ys is 2r, .: r k a ' a •;: : x t 4�,. ,a �' �'.a �i£>m •c � PI�2 ' r ° �G �n *u X • it4 • # • � o f .lkC.uP h 'M�Yi q yI Y f x A'iI P 4 '1 { u." 1 °� �,� '� 1 kal�rl I 6 1� a NI . .' � t u ,�. "T { '� � { 3 ''t tL� 4' a I a ♦ ' 1 _ L:1,:„. .x c ."'£dn'.�1..idf5 a4:yw.:.. n :a'sk. .,,• .L�v t3..:.w ..E�.: ♦' R'. � 4 �. 3 ftrt:A, Cx" {Iu�i 1 I A i tru e k".„! I' . • y Lly b 9 • �' i '''41: �t i I t."p 9 Ito i i y + •Wil7 • i,p ��P T '5., II �}• �a nY la y `Fiq �� ""ni\y .. I j Ir"I 'e • h : I I. • 1 1 k r- .1. 4 �.: t "p p —.`414.411'55,1.45:;.i.:ii t . " 'tiqr' 4 r.o- rtl:. ( v. t't'i��`, ti .1. 11 • � r f tt° ° y• ?" '+N pit Po. kv c 'I`' .h�F y Y L r to tid r{� 1 Ci • Y • • rr 0 4 e ' A4 II 4 h # i;7v,g1:114;;'.. w� d. x d • i#�i�p; # j '� • xT iI •• y s s Iiu ry yY "'�xy t / q 3,L 1'44- :*T',/;,•;4.14414,;. t =n,I. d • • 0,I t ¢v •• z iIli• 'Alia', • 5t4,r 9"i k h4 t Irq HN£'t I§ep q�. 7 y4r 6 fe tiif j Y I IIII: yry . „ i ;75 • a Y i i r 1 z � 1 it t �qiyi: 9! ik .y 'I '1il 3ti r"`3 4!1•;,•(,•,*:s3 E ! . t. � ? t t I ryy 3 ,i�p altt'S E { , fr • y 1 y 114 - 5 v i ,yt ₹₹' It qr� _ ` .4,;t ti I gl!'$ if f i FYI f �y6 I ^Yi v {.� µ E j A11Mz I Y j t # r 'y;'n (IIM q I I q� , i I • 4 T I�. i y'7-4;,,11.1,' %.e 4 P ttl (d art £ i Y Y tLL'yy a " '�,� y,,dr,z. .i-ti� , aYc • CV. r • ,. ' Im• .d •4 ° ,4 d y ri AA 3�g mR �t4'3 .: ig } 2 C NC, ';} -0 "aN! 4 4 i d4 Y e ebta Nei 1 , pd ? k qq, Soya ttyF { y r III N P If r k .. b• Fix 5 hII { Y fJ.t 4g # rlt� -. yyT 'ry 1 44 >,{ z Y S2 ti { t 4{ d"4'it"dtp 4b 1.... r i' " a i ret L yi „, p X' broNF3� t i t a %7 ry ;IC 41 .k 4 is f �i4n v A, {tia {' S ; . S 4{`tax %A 41II. 3 df'.. h A i Est" ahr's ` ' ......_ ._. :.-...x r..ow ilia ....• tie.�exw — a* yi' — [ 2;4.had '1 Kph � N"^ y v dr. rKKMf� Y `un iY tr .`'; e 4-M ,r % .. A if �% 1y'hb.4x a . '_ i ra Las hp•ryt " - a yy rr w ;n`4. j1 .I: 4 A+� 'tip a '.g ... 1s4j {i• 74 `P•�v4 I9 t ,�" 1 44 vFrd k, C � '3t i"Si .2:r c"^i�i Y{ . d....,;.......),..4„,...*'' ?�'to ! } a 5 t 7,l'I'tn nirr t i .. ..! 9 �` 8• 1'. R.. I 9 4 yr, N tk ; #"4°,.a y) yfhi, 5t �e ' f •....,' 14'2�a .. ova:. �I 3• Y :?.:$ #�h'eF'• rts-� " k ,� ' • • has 4 y%&ate* `' ;:p � ^ wi.1 . 1 u 4 n �� :fi • m4 f"�. f.� t }p to ₹ Y •Fri ' �,. 5 �'# • rtI. `"8' ° °ai t He a t :^ nw � 1. .r p hot` t r..,.•.• y ,'ifihliyi . . ti q 5 .. Nd s `l J' ' ; to .,:.ti„:;::::!€'1:.'ilii:{:14:::Iiiiii1:O"::.!::::!:1:::: ... Li:, IN .'t .:if ...'41 ti.:; rt�9.., It �yt YWd K ' i 3 • 'x9s metro ' � N"s 51re .r i.v Vn'" EF,YwF: 4 ,' y t Er. ric k r , r:, q. }fAw } t �'vT, '_, o• xyien. 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 Hello