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Home My WebLink About871237.tiff RESOLUTION RE : GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) FOR R-1 (LOW DENSITY RESIDENTIAL) USES, R-2 (DUPLEX RESIDENTIAL) USES , AND OIL AND GAS PRODUCTION FACILITIES FOR CRS INVESTMENTS , INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , a public hearing was held on the 23rd day of September, 1987, at 2 : 00 p.m. for the purpose of hearing the application of CRS Investments, Inc. , 1333 West 120th Avenue , Suite 308 , Denver, Colorado 80234 , requesting a Change of Zone from A-Agricultural to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses , and oil and gas production facilities for a parcel of land located on the following described real estate, to-wit: Ni of Section 5 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 28 .8 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS , the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The applicant has complied with all the application requirements listed in Section 28 . 5 et seq. , of the Weld County Zoning Ordinance. 2 . The request is in conformance with Section 28 . 8 of the Weld County Zoning Ordinance as follows: a. The proposed P.U.D. District is located within the 1-25 Mixed Use Development Area. The uses associated with the proposed P.U.D. District are consistent with the uses indicated on the 1-25 Mixed Use Development Area and conceptual land-use plan in the Weld County Comprehensive Plan. b. The uses which would be allowed in the proposed P.U.D. District will conform with the performance 7 / wr 871237 Page 2 RE: COZ - CRS INVESTMENTS standards of the P.U.D. District contained in Section 35 .3 of the Weld County Zoning Ordinance. c. The Longs Peak Water Association will provide water service to the proposed P.U.D. District . The Saint Vrain Sanitation District will provide sewer service to the proposed P.U.D. District. d. The applicant has submitted an off-site road improvements agreement for Weld County Roads 3} and 26 . The agreement has been approved as to form by the County Engineer. The agreement will help to mitigate impacts to existing County roads and highway systems that provide access to the proposed P.U.D. District. The County roads and highway system is currently not adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed P.U.D. District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of CRS Investments , Inc. for a Change of Zone from A-Agricultural to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses , and oil and gas production facilities on the above referenced parcel of land be, and hereby is , granted subject to the following conditions : 1 . The Bay Shores Planned Unit Development Sketch Plan map shall be retitled "P.U.D. District Plat" prior to recording. 2 . The Weld County Planning Commission and Board of County Commissioners shall reserve judgment on the type and style of perimeter fencing at the time a P.U.D. plan application is submitted. 3 . The applicant shall reduce the number of private local street acesses on Weld County Road 26 from 7 to 5 , and on Weld County Road 3} from 6 to 4 . Additional accesses , restricted to emergency vehicles only and for the purpose of meeting Longmont Rural Fire Protection District Regulations , shall be permitted. These accesses shall be shown on the P.U.D. District plat. The intent is to reduce the number of access points on County arterial rodas in order to minimize interruption to traffic flows and to promote safety in accordance with Transportation Policy 5 in the Weld County Comprehensive Plan. 871237 Page 3 RE: COZ - CRS INVESTMENTS 4 . In accordance with the Saint Vrain Valley School District' s pupil yield ratio formula, the District is requesting the equivalent of 14 . 257 acres. Specifically, the School District is requesting a 10-acre elementary school site and the cash equivalent of 4 .257 acres to mitigate the expected impacts to junior and senior high schools. As part of the P.U.D. plan application, a warranty deed or other suitable document mutually agreed upon by the developer and the St. Vrain Valley School District, shall be ready to execute. The deed shall convey the 10-acre school site shown in Block D on the P.U.D. District plat. Using the pupil yield ratio formula provided by the School District, the developer shall remit cash in lieu of 4 . 257 acres of land to mitigate the remaining expected impacts on the School District prior to final approval of a P.U.D. plan. 5 . As part of the P.U.D. plan application, a gamma survey shall be conducted to determine if any possible problem exists from radon gas. Should this survey identify a radon gas problem, all structures and facilities shall be designed and constructed to prevent any possible radon gas infiltration. 6 . The vacation and relocation of portions of Weld County Roads 26 and 3} shall be approved by the Board of County Commissioners prior to recording the P.U.D. District plat. 7 . The following notes shall be placed on the P.U.D. District plat: a. The number of train trips per day along the railroad trackage in the Bay Shores P.U.D. District may increase or decrease. b. All streets within the P.U.D. District, except Weld County Roads 2.6 and 3i , shall be maintained by the developer, homeowners association, or property owners within the District. c. The landscape buffer within the right-of-way of Weld County Road 3} and 26 as shown on page 2-2 of the Bay Shores P.U.D. detail sheet (typical arterial section) , will be maintained by the developer, homeowners association, or property owners within the P.U.D. District. 871237 Page 4 RE: COZ - CRS INVESTMENTS d. The use of oil and gas production facilities as described in the P.U.D. District application materials and as shown on the P.U.D. District plat map will be located within the open space areas to be used by residents of the P.U.D. District. e. A law enforcement authority shall be formed according to Colorado Revised Statutes. f. Plans for locating, designing, and constructing a signalled railroad crossing and safe walking access for students and residents across Weld County Road 3} shall be submitted with a P.U.D. plan application for Blocks A or B of the P.U.D. District. A P.U.D. plan for Block C shall require the signalled railroad crossing only. g. Plans for locating, designing, and constructing sidewalks along all streets within the Bay Shores P.U.D. District shall he submitted with a P.U.D. plan application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1987 . � BOARD OF COUNTY COMMISSIONERS ATTEST: ��'� {c 41Gd2,�.,J WELD COUN K, COLORADO Weld County Clerk and Recorder �` (AYE) and Clerk to the Board Got 4:&P ` Liay4 Chairman (AYE) Brtt�y� ce. JLt. c.&i C.W Kirby; Pro putt' County erk //l/ (AYE) APPROVED AS TO FORM: Gene R. Br ntnner (AYE) / / Ja .ue'\'ne o nson County Attorney � , Y��, (NAY) Frank amaguchi 871237 riti;-fitu .r, i,‘ ..„,,, OFFICE OF PERSONNEL 1 PHONE (303) 356-4000. ExT. 4234 I?0. BOx 758, 915 IENTH STREET 11 //��__ GREELEY, CO ORADO 80632 yr AC S I M I L E MEMORANDUM COLORADO • WELD COUNTY GOVERNMENT 915 TENTH STREET P.O. BOX 758 GREELEY, COLORADO 80632 (303) 356 - 4000 TAX (303) 352 - 0242 CONFIDENTIAL This facsimile is intended only for the individual or entity to which is it addressed and may contain infromation that is privileged, confidential and excempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any disemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original massage to us at the above address via the U.S. Postal Service. Thank you. This message consists of 4page(s) plus this cover sheet. SENT : // Date: q / /(n / 93 Time: 3 r m PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Lek k 3"a JtJ COMPANY: c'\>!l QYL11tS l l) Ertra 1 Lnc_ - FAX NUMBER: 53O -- 3113 FROM: (Department) 0.0.e/Lk To ig j(itak CONTACT: Ext. LID-D-(0 Special Instructions: HEARING CERTIFICATION DOCKET NO. 87-51 RE: CHANCE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) FOR R-1 (LOW DENSITY RESIDENTIAL) USES, R-2 (DUPLEX RESIDENTIAL) USES, AND OIL AND GAS PRODUCTION FACILITIES - CRS INVESTMENTS, _INC. A public hearing was conducted on -September 23rd, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Fro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to -a notice dated August 12, 1987, and duly published August 20, 1987, in the Johnstown Breeze, a public hearing was conducted to consider a request from CRS Investments, Inc. for a Change of Zone from A-Agricultural to P.U.D. for R-1 (Low Density _Residential) uses, R-2 (Duplex Residential) uses, and oil and gas production facilities. Lee Morrison, Assistant County Attorney, made this matter of record. The favorable recommendation of the Planning Commission, subject to seven Conditions, was read into the record by Tod Allison, representing the Planning Department. Mr. Allison stated t hat the applicant is requesting a change in his original application t o include one mobile home to be placed within the District and also to amend Condition #3 to eliminate some of the accesses onto Weld County Roads 26 and 3}. Vern Nelson, of Nelson Engineers, came forward to represent the applicant. Mr. Nelson submitted Exhibit K, which is an agreement between the St. Vrain Valley School District and CRS Investments. He commented on this agreement with the School District, the changes in the tax base, the cost to the County concerning initial d evelopment of both County roads in question, relocation of County Road 26 for safety of the P.U.D. District users, and said the City of Longmont has some concerns. (TAPE CHANCE #87-99 during his presentation.) Mr. Nelson said he is not aware of any neighboring landowners who are in opposition. Kim Collins and Harvey Curtis were also present to answer questions of the Board. Those who presented testimony concerning this request were as follows: Elaine Koester, representing Lois Jones; Betty Ann Newby; Ramona Helton; Bill Meier, of Union Rural Electric Association; and Dorothy Hores, of the St. Vrain Valley School District. Considerable discussion was held on the petition for vacation and relocation of Weld County Roads 26 and 3§ and whether or not there would be a cost to the property owners along those roads and to the County. Based upon the recommendation of the Planning Commission, Commissioner Brantner moved to approve the Change of Zone request from CRS Investments, Inc. Commissioner Kirby seconded the motion, which carried on a 4-1 vote, with Commissioner Yamaguchi voting nay. n <_ Page 2 RE: CERTIFICATION - BAY SHORES PUD This Certification was approved on she 28th day of September, 1987. APPROVED: U in BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COU c_.}(012Weld County erk and Recorder and Clerk to the Boa . La y, an • � Cr? A D puty County rk C.W Kirb , Pro-T9 Gene R. Brantner J cque ie J on Frank Ya aguc TAPE I187-98 & 1187-99 -DOCKET t87-51 PL0095 ATTNDANC RECORD PLEASE write or print legibly your name , address and the name of the applicant or Dock-et # for the hearing you are attending. TODAY'S HEARINGS -ARE AS FOLLOWS: September 23, 1987 (2:00 P.M.) DOCKET #87-57: COZ, C-3 (Commercial) & R-1 (Low Density Residential) to _I-2 (Industrial) Robert Corner, dba Plastic Art Products DOCKET 487-51: COZ, A to P.U.D. , CRS Investments, (Bay Shores P.U.D.) DOCKET # ' -ME ADDRESS HEARING ATTENDING r _, '' V a )C-k--t- iMC i7 re itrl,r P4 �od�Ftz7ie gb). &t i, pup, :SNP) )-IOw7- A 16 (Al cs -4 - crjFY re) ,ra P 1.0(.rr Air 'op, . N , hb.adora 43t roo A 44 a' — °% 4 -yVL''lit- i 31 LU L'" i /�-' - <'`_ Al-i2z1,4} , 2 D I lam,. !6 '. -- ' ',t / ?A -) , ' , A ,.L .,,fa„� ?! \ '/i4 _ c-k'N-4-, / so-- /74-3/41 ci c'1 1-/Cc , ) l#_ a--( (cc. 7,1 8'71237 liC,PHb4ENT RECITALS ;chr EAS the St. Vrain Valley School District ( the "District" ) has requested dedication of land together with cash in lieu of d diration and other consideration from CRS Investments , Inc . ( "CPS " ) for the proposed rezoning and platting of the Pay Shores Planned Unit Dev-elo ne p nt located in the north half of S-_ctio❑ 5 , To — chip 2 North, range 68 West of the 6th Principal :1- ridi_:n in „ 11 County , Colorado; and WHEREAS CRS has agreed to provide to the District both dedication of lands and cash in Hat' of dedication of lamds and cash for a street crossing signal , together with certain sidewalks and -a railroad crossing , WHERE-FORE the parties agree as follows : 1. Upon the recording of the final plat for Phase I of the Bay Shores -Planned Dnit Development, CRS shall dedicate to the District a ten-acre tract located at and in the northwest corner of the northeast quarter of Section 5, Towns-hi-p 2 North, Range 68 West of the 6th Principal Meridian. 2. Upon the recording of said final plat for Phase I, CRS shall also begin to pay to the District the sum of thirty thousand dollars ( $30, 000. 00 ) , for utilization by the District for District -purposes of construction of a traffic control signal light on County -Road No. 34 and of cash in lieu of dedication_ Said $30, 0-00. 00 shall be payable as follows: Ca ) Seventy dollars ($70. 00 ) for -each residence site in Phase 1 shall be paid to the District upon the recording of the final plat for said Phase I. (b) Upon the recording of -each of the final plats for Phases II, III and IV of the Bay Shores B. U.D. , payment shall be made by CRS to the District at the rate of seventy dollars ($70.00 ) per residence site on each such final plat subject to subparagraph (c ) . (c ) Once a total of thirty thousand dollars ( $30,00-0. OD ) is paid pursuant to the formula set _EXHIBIT forth in subparagraphs (a ) and (b) , the $30,000. 00 shall have been paid in full. Based upon this �/( 1 formula, the parties un-derstan-d. that final platting of 428 residential sites will be r-equired " 25 "6 for payment of the full $30,-000. 00. 3. Upon construction of road improvements on Weld County Road No. 34 where it crosses the Bay Shores Planned -Unit Development pursuant to a separate agreement by CRS with -Weld 871237 County Cot said ii:. _rovnts , CRS shall construct sidewalks along County Road No. 3i as appropriate . 4 . Upon construction of roar3 improvements at the location on the Bay Shores Planne-d Unit Development of the present railroad crossing on Wel-d County Road No. 31 pursuant to a separate agreement by CRS wit-h Weld County for said improvements , CRS shall install a flashing signal at said railroad crossing on County Road No. 3 } . 5 . By its execution of this agreement, the District consents to the rc.zo-ning and platting of the Bay Shores _Planned Unit Development. Entered into this � C /s day of S�y,� ,S 7 , 1987. r / CRS INVES ENTS, I Crm ' e------#71L------1 'y/ 1 By: }_ / � C. Roger Seaton, President ATTEST: ayn Collins, Assistant Secretary ST-. VRAIN VALLEY SCHOOL DISTRICT BY: I'an (/ `-) Title: f) 2?& d ATTEST: 1 �l Ca-2,,inje -'21-1-„; . g.71"37 STATE OF COLORADO ss . & COUNTY OF AILVIS Subscrib_d and sworn to before me this 30th day of Auust , 1987 , by C . Roger Seaton , President, CRS Investments , Inc . , an❑ by ics ne Collins , Assistant Secretary , CiRS Inve tents , Inc . My Commission Expires : May 1 , 1991 (S E A L ) Notary Public 87 123 SFAFE OF COLORADO ss. -_ & COUN FY OF BOULDER =-cbacri-b d ,: nd sworn to before me this 9th day of , 1987 , by Wade Carlson r i cnt, of Eduction St . Vrain Valley School Di >cr icc , and by !ic:ai R. Kinson as Secret+__y_Boardo_ r:ducatip=:St . Vrain Valley School District . My Commission Expires : March 5, 1989 62,'ndtPU '•. -N%Gt Notarj P relic 87123, C A S INVESTMENTS IN C. 1333 WEST 120TH AVENUE SUITE 308 DENVER, COLORADO 80234 (303)457-3775 September 23 , 1987 Weld County Commissioners 915 10th Street Greeley , Colorado 80631 Gentlemen : CRS INVESTMENTS INC . would like to amend its Request on the Planned Unit Development Case Number 2-437 : 87 : 6 known as Bay Shores to include a single mobile home lot . The mobile home would be used to house security and farm labor personnel in connection with Bay Shores P . U . D . . Thank you for your consideration in this matter . Sincerely , CRS INVESTMENTS INC . `r'.>"--TM Kim Collins KC/kel EXHIBIT Si NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified -court reporters in the area. If a court reporter -.s obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-51 CRS Investments, Inc. 1333 West 120th Avenue Suite 308 Denver, Colorado 80234 DATE: September 23, 1987 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses, and oil and gas production facilities. LEGAL DESCRIPTION: Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County Road 3 1/2. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Barbara J. Patten, Deputy DATED: August 12, 1987 2 i PUBLISHED: August 20, 1987, in the Johnstown Breeze 8712'3 d exN/13/7 F AFFIDAVIT OF PUBLICATION moues THE JOHNSTOWN BREEZE Pursuant to the tarring « STATE OF COLORADO 1 the Sate d C��ettebttd�o M 1 SS • Weld loudly iaw COUNTY OF WELD 1 e public hearing go _ a the chambers w the I, Clyde Briggs,do solemnly swear that I County Cotnmtabbare county, ou Cenenn cowed*. am publisher of The Johnstown Breeze; Street, gilt Fla that the same is a weekly newspaper Colorado,Fee tits 16a• _ printed, in-whole or in part, and published All persons N arty Interested a the In in the County of Weld, State of Colorado, requested tto�aattend artd •''b° and has a general circulation therein; that heard. said newspaper has been published shookk ,pr aaeltroat. "b' continuously and uninterruptedly in said Npreseancee of i wort - to County of Weld for a period of more than M make n adtggon ,b. fifty-two consecutive weeks prior to the record which wilt be Abefirst publication of the annexed legal notice th�arsdsaM pa be oradvertisement; that-said newspaper has to a lilt Suit teen admitted to the United States mails as reporters in the rt -second-class matter under the provisions of the reporter Is dbfaPI to virltbYdern the Act of March 3, 1879, sir any IldVISOd at least itse da"a ura amendments thereof, and that said orbs The MN e courtrepomrabr b" -newspaper is a weekly newspaper duly .the requesting fib- qualified for publishing legal notices and BE IT ALSO Iona .'- tb. advertisements within the meaning of the aws t°We'e and maps ld County a° laws of the$tate of Colorado. so sion nt tit*ayY be trto Mot That the annexed legal notice or advertise- county -entire issue ofenumberof d in the regular do weekly C nor r,et 1aS�!OM - every ,s S' newspaper for the period of .tl... consecu- DOCKET NO. BTa1 ApPllIANT tive insertions; and that the first CRS ;rr' publication of said notict;,wjis jn the issue of 1399 Wadi 90B said newspaper clatiAl fil.2i91, A.U. lts.7, Denver, and that the last publication_of notice DATE ssvaarber ss tstn was in the issue of said newspaper dated , A.D. 19 TIME 2:00-P .- M bee • In witness wheressf I have hereunto set REQUEST: tsP.ua. bee my hang,this ..Z.3 slay of w DenumrD„ *�.___ �Z A.D. 19A.7 an�pgm end a9 d gas GALMye d Sectiona°iz e+1e t Pit& Publisher P.M, Weld Cad": LOCATION: A�p�/er�a y •S on r Weld Comte Mk- Subscribed and sworn to before me, a ttoARDDD = Notary Public in and for the County of valocoutoaDomr, Weld,qState of Colorado, this ...2g. day of / A.D. 19.55..7... BY: EIN .,-‘804-1,--(11 /J e / �j�� . RECORDER courrrir 'I�p CLERK JL /�/" ,�`-'. Z; ec_c<-r— m Tie Notary Pstblic. BY: Barbara J.-RYtpar4 Deputy DATED: Aupatt Meer PUBLIS4ED'-Ar�r *lust in My commission expires the Johnotown- -- -: _ .i, har4oh Avenl19 ._ail .JWt5.cc :c t L76 .12 32 AFFIDAVIT OF PUBLICA LION State of Colorado County of Boulder I, J. R. Hofmann ,do solemnly swear that the LONGMONT DAILY TIMES CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of-Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and NOTICE Pursuant to the zoning laws of the State of COIF redo and the Weld County Zon4tg Ordinance, a Weld Counties; that said newspaper has been continuously and public Of County will be held ! s of Weld eraMme unintenu tedl Rea of Commissioners of Weld County, p y published for a period of more than six months Cagrado, Weld Counr Centennial Center, 915 next prior to the first publication of the annexed legal notice of tith specif First All Floor, ninGreeley,Colorado,at the loth ttpecified. persons in any manner inter- advertisement, that said newspaper has been admitted to the ested in the folowing proposed Change of Zone atte nd requested to attend and may be heard. United States mails as second-class matter under the SM1oyltl the applicant or any interested party de- sire record e presence of a court reporter to make a of the Act of March 3, 1879, or any amendments thereof, and that od of the proceedings,in e to the taped record which will be kept during the hearing,the said newspaper is a dail newspaper Clerk to the Board's Office can be contacted for a Yduly qualified for list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be publishing legal notices and advertisements within the meaning action at least five days prior otl in writing of such to the hearing.The of the laws of the State of Colorado;that a copy of each number of cost dt engaging a court reporter shall be borne said newspaper, in which said notice of advertisement was by the requesting party. BE IT ALSO KNOWN thatt the text and maps so certified by the Weld County Planning Commis- published, was transmitted by mail or carrier to each of the Commis- sion be examined in ineissioer the Clerk to subscribers of said newspaper, according to the accustomed he Board of County Commissioners, located 91510th in the Weld County Centennial Center, 915 mode of business in this office. Street,Third Floor,Greeley,Colorado. APPLICANT DOCKET NO.07.51 CRS Investments,Mc. 1333 West 120th Avenue Suite That the annexed legal notice or advertisement was published Denver,Colorado 80234234 DATE:-September 23,1907 in the regular adaily newspaper entire edition of said a REQUE:00 P.M. P Per once; REQUEST: Change of Zone from A IAgricultu- ram enP.U.D. (Planned Unit Devey and that one publication of said notice was in the issue of said opmnr) rot R (Low Density Residential)uses,R-2(Duplex Resi- dential) uses, and oil and gas pro- newspaper dated August 22 , 19 87 dgrnon facilities. LEGAL DESCRIPTION: NI/2 of Section 5,T2N,R68W Of the 6th P.M.,Weld County,Col- orado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County Road 31/2. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO �5/�s/yr�/) BY: MARY ANN FEUEQqSTEINF�R �'r COUNTY CLERK AND.RECORO General Mana er AND CLERK TO THE BOARD 9 BY: Barbara J. Patten,Deputy DATED: August 12, 1987 Pubtisrled in the Daily Times-Call, Longmont, Subscribed and sworn to before-me this 22nd cglo.Aug.2z 19a7 - _ day of August 19 87 Notary Public cqs L. C� eoTAR1 F,,, My Commission Expires October 6, 1989 FEE 8 28 . 00 717 - 4th Avenue pVBL1C' Longmont Colorado 80501 8edn37 A. V. DW0RAK, INC. September 21 , 1987 WFi1 C IONTT m -.E.-07- 1-7,1,73,I r -v--mot:i rm H 4, / I . O H SEP221987 m i had-delioered J c Weld County Commissioners 1 ._/I.O4 o?__dLc . _, o 915 - 10th Street m Greeley, Colorado n m Re: Proposed change in land use designation for land owned by C.R.S. 2 Partnership in Weld County, Colorado, which land lies east of Union Reservoir, south of WCR 26, and which is bisected by WCR 3% A m Gentlemen: D My name is Edmund C. Dworak and my business address is 445 Main Street, co Longmont, Colorado 80501 . I am the owner of approximately 223 acres of m land lying north across WCR 26 adjacent to the captioned subject land. TI Of all the property owners in the immediate vicinity, I am the most ► affected by any change in the 1-and use of the property under discussion. Please be advised as follows: o z o I am writing to withdraw my objection to the proposed vacation and/or g 0 abandonment of Weld County Road 26 from its z present configuration, -+ which objection was expressed in my letter of July 6, 1987, directed n to Weld County Department of Planning Services with a photo copy o having been sent to your office. m D o The withdrawal of my objection is in accord with the terms and -conditions o of an agreement dated September 21 , 1987 between myself and CRS Investments, Inc. , a photo copy of which is appended hereto. e - ' 1` v o f (/ Edmund C. Dworak CO J ED:dp Enc. w cc: Weld County Dept. of Planning Services m CRS Investments, Inc. Craig Lindberg AGREEMENT THIS AGREEMENT is entered into this 311.24 day of September, 1987 , by and between EDMUND C. DWORAK, 445 Main Street , Longmont , Colorado 80501 , and CRS INVESTMENTS , INC. , a Colorado corporation , 1333 West 120th Avenue , Suite 308 , Denver , Colorado 80234 . The parties agree as follows: 1. The Board of County Commissioners of the County of Weld , State of Colorado, currently has before it an Amended Petition filed by CRS Investments , Inc. for Vacation and Relocation of County Roads No. 3-1/2 and 26 adjacent to CRS Investments , Inc. ' s property located in the North 1/2 of Section 5 , Township 2 North , Range 68 West of the Sixth P.M. Said County Roads , if the Petition is granted by said Board, will be relocated as shown on the map appended hereto and hereby incorporated and the vacation will be contingent upon: A. Final platting of the Bay Shores P. U.D. ; and B. Construction of the new proposed County Roads No. 26 and No. 3} , including an access street to the boundary between the lands of Craig Lindberg and Edmund C. Dworak in Section 32 , Township 3 North, Range 68 West of the 6th P.M. , and upon acceptance of dedication of the relocated roads and new access street by Weld County. 2. Edmund C. Dworak owns property north of and adjacent to existing County Road No. 26 , as indicated on said map. 3. Edmund C. Dworak promises to withdraw by a signed written letter to said Board his objections to the Amended Petition immediately upon execution of this Agreement and in consideration of this Agreement. 4 . If the Amended Petition is granted by said Board, CRS Investments , Inc. promises that construction of the relocated segment of County Road No. 3-1/2 will be completed in the platting process. 5. If the Amended Petition is granted by said Board, CRS Investments , Inc. promises that construction of the 60-foot wide access road through the interior of the subdivision to connect the relocated County Road No. 26 to a point shared by the southern boundaries of both Edmund C. Dworak ' s property and Craig Lindberg ' s property will be completed in the platting process , will be dedicated to the County in the platting process and will be a County Road, and maintenance thereof will be performed by the Homeowner's Association to be formed as part of the platting process . 871.23, 6. As directed by Edmund C. Dworak after the vacation of existing County Road No. 26 and the completion of the new roads described in paragraph nos. 4 and 5 above, the vacated land north of the centerline of said road thereafter to be owned by Mr. Dworak will be regraded to the contours of Mr. Dworak 's adjacent property by CRS Investments , Inc. , or left as is following the vacation. Said vacated land, in the alternative , may be purchased by CRS Investments , Inc. if a price is agreed upon between CRS Investments , Inc. and Edmund C. Dworak. 7. This Agreement shall be binding upon and enforceable by the heirs , successors and assigns of each of the parties , provided that notice of any assignment or of any owner succeeding to either of the parties hereto shall be given in writing within thirty ( 30 ) days to the other party at their addresses set forth above. Notice of any change of address shall also be given to the parties at their addresses set forth above. 8. In the event of default of either party or violation of this Agreement by either party, the aggrieved party may elect to recover such damages which may be proper or to treat this Agreement as being in full force and effect with the right to an action for specific performance or damages , or both. Anything to the contrary herein notwithstanding , and in the event of any litigation arising out of this Agreement , the Court may award to the prevailing party all reasonable costs and expenses , including attorneys ' fees . CRS INVESTMENTS, INC. , a Colorado corporation By: Kim Collins , Vice President Edmund C. Dworak 871067):37 2 AMENDED PETITION TO THE BOARD OF COUNTY COMMISSIONER*Ej wwirrommprim COUNTY OF WELD 7fn1 l,i I� c,7 f1 j FOR VACATION AND RELOCATION OF PORTIONS OF COUNTY ROADS NO. 31 and NO. 26 r AUG 41987 SLY_ cl�Q . d' ' o-" I CRS Investments, Inc. , the owner of lands located in the north half of Section 5 , Township 2 North, Range 68 West of the 6th P.M. , hereby petitions the Board of County Commissioners for vacation and relocation of the portions of County Roads No. 31 and No. 26 shown on the map attached hereto (and hereby incorporated) and as _grounds therefor, state: 1. The vacation and relocation is authorized pursuant to C.R. S. § 43-2-301 through § 43-2-303. 2. The requirements of § 43-2-303 (2 ) will be met since access by public roads will be provided to adjacent land holders, as follows : (a ) The relocation of County Road No. 3# will provide access to the lands of Edmund Dworak in Section 32, Township 3 North, Range 68 West of the 6th P.M. as shown on the map attached hereto at approximately the present location of the access driveway from these lands to County Road No. 26. (b) The lands of Mr. Craig Lindberg in Section 32, Township 3 North, Range 68 West of the 6th P.M. will be accessed by a new public street off of relocated County Road No. 26 as shown on the map attached hereto. Said street will be publicly owned but privately maintained. (c ) The lands of D & G Hornor will remain accessible off of the unchanged portion of County Road No. 26 as shown on the map attached hereto. (d) The lands of Union Reservoir Company will remain accessible off of relocated County Road No. 26 as shown on the attached map. 3. The vacation of said County roads will not be final until the plat for the Bay Shores P.U. D. is recorded, after construction of the new streets and roads, and upon acceptance of the dedication by the County of the new access street and relocated roads . WHEREFORE CRS Investments, Inc. hereby requests that the Board of County Commissioners of Weld County vacate those portions of County Road No. 26 shown in shaded gray color on the attached map and those portions of County Road No. 3} , shown in shaded gray on the attached map, contingent upon: 871. 1-11 1. Final platting of the Bay Shores P. U.D. ; and 2. Construction of the new proposed County Roads No. 26 and No. 3#, including an access street to the lands of Craig Lindberg in Section 32, Township 3 North, Range 68 West of the 6th P.M. , and upon acceptance of dedication of the relocated roads and new access street by Weld County. Submitted this 3/ day of July, 1987. CRS INVESTMENTS, INC. By: Kim Collins, Vice President ATTEST: Wayne C llins, Assistant Secretary i `u ... -r. .. W O N k CO ® 4t O V b i--� — y y o k > W "WK co 3 Mb O �Ol! e �O co Oo o W W o t rt ro o =SZI yo o0bZ CO 0 o I �W 23o a v kJ tiW En to in 0 0037 o J CC e H € ,' (N 4 I m N. m 3 C 3 f �� I \c„.... ...caril)• m $ .R 3- N t_ to Jilt O I y N M (D age tr) OM k. NI::: Y 00 I oct 2h h Et Q o It y v yU I ?so O W O I IN WQm Et Q �O j � I 13 m co "I l9 111 N" CO COI' I �? „.(r) CO z3LI O Lit-, ly M J M 0 h rn I ' 4j y k. O U MO � 'z �if• Q y MON.O9 I^ O N. p.. 0)-1 g � . o- I O 00 I?) I yNuO. et 3i �j 230 J . I 0 S 2 O 0 0 J�O N �.. I U Pr) 10 'O 8 F� .� b H Q4i ` � I • (\\ \ Q N O U N,,qqO W O0' �Cp 11{ y Jkti 3, V1 CO 00 0 . 0 V N CC 2 1Q 0o I°°p° �m N wa °' �` 1�\ CC� 00 a°ti ° O �.. I-- 0 Y IIJ \ \\ � Qm ' 0 0 3 U 03 2 it, CO N FI NW 10 05 CU \ \��\\. I I IV N.C3 ~ U •••1 M M L '`.. t0 el 2 w 0:1el N rob N m at 0 0 • 0 eS k. \\\\\ Q NO NN 00 A °o O m \ \ N0, i a vo HEt 02, �r . 3 JUl11 ma P 00 03 3 O N ro 0 • b iN ..66,O6./O S � M 00 11414 10911 D to O 0 ° v N � 4 m I O Oo OP o0 0 ' ro N W m �° b O -- .0 to V.i > tn ON W v ooJ CO wro a Hro Ill 3 ao m _ y OpCc 2 H N m v 871 37 M to 0 0 • MEMORANDUM 0 ca a Kim CollinsCRS_, N To : Investmerrt=. oo co Drew :3cire 1 t i nga., Weld County Engineer o • o Rod Allison , Weld County Planning Department w From: Matt Del i ch O Date : August 24, 1987 • w = Subject : Bay Shores PUD z w Q z y This memorandum discusses access to various tract=. z in the Bay Shores PUD and the need or desirabi 1 i ty of 4 realigning t portion of Weld�_ 1d County Road 26 (WCR 26) . M Arterial Access The Weld County Planning Department has suggested that some accesses in the Block "A" and Block "0" areas of the Bay Shores PUD be limited to emergency access. With this limitation , certain tracts will have only one full public access point to WCR 26 . In my judgment , these tracts (having 96, and 117 dwel ling units in them) would be better served wi th at least two points of access from the county road system. This wi 1 1 provide better operation by dispersing the entrances and exits over more than one area=.=. road . The primary directEons of travel are to/from the south on LIi_R .S 1/2 and to/from the west on WCR 26 . BY providing an accesss to each of 0 these roads from the tracts which allow it , better z access is possible in the desired direction of travel . wThi s , in turn , reduces travel time and distance , fuel z consumption , arrd ' air• pollution . It is my recommendation z that a.L LC'=ses to Any of the o ty'h_ c_un . roads ui w - line up with accesses acr•cic._ the street . This way , the number of 5 a aCrc'= . per in a given length of road can be kept to a • minimum. This recommendation can be applied to the = o access to the 96 dwelling unit tract in Block "A. " The _� aLL �•t. from this tract to 1,IC:R 3 1/2 should line up with i= t' u.: 1-o the access to Block " 0" just south of the school site . O wo The ea. ter'nmc,'?.t access to Block " D" from WL:R 26 can be z eliminated in my judgment . Adequate Access._ is provided a to Block "0" via roads from both WCR 3 1/2 and WCR 26. i— In my judgment , the number • and 1 oca.t i on of proposed Q accesses c e_. a=. to the C r system h _ sun+ >- road are not out of line m_ W with typical public street ee x i public r - t access to an arterial street fL2 cc �J� Realignment of WCR 26 '�' ZE fine of the impr'ovemer,ts. r•o �o_e_FL _ _d '" p with the development of the Bay Shoress PUD i s the realignment of °O ,�xHi . 87.2' 7 /1_ -12_ WC:R 26 -arid subsequent vacation of approximately 3500 feet of 1.4CR 26 west of kICR 3 1/2. The proposed realignment offer=- a number of advantages over the existing alignment : - An existing vertical sight distance constraint just west of 14CR 3 1/2 will .be el imi na-tod with the new alignment . - Better horizontal and vertical alignment will be achieved with the elimination of an almost 90 degree curve on a severe grade just east of Calkins. Lake . - The new alignment will provide a paved road on WC:R 2b. In addition to the above advantages to the WCR 26 realignment , the properties to the north of existing 4CR 26 will be provided good access on the proposed public road= . In my opinion , farm equipment will be able to operate on the new roads in the area. It is the intention of the developer not to close the existing (4CR 26 until the new alignment is complete an-d has been accepted by Weld County. AUG '3 �g8j `t' ,` l i41 Board of County Commissioners cp�o County of Weld 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion [ V ] In favor of the P .U .D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ . ] No opinion [ ] In favor of reservoir enlargement [ ] Against reservoir enlargement l� ✓ 1� c V U 1 (7 , Date Signature Elmer P . and Betty Jane Hergenreder 2130 Weld County Road 28 Longmont, CO 80501 871237 , . / t rl?8i7 I Board of County Commissioners County of Weld 47 915 Tenth Street SEP 1 P . O . Box 1948 Greeley , CO 80632 ostEL.Ey, c�a Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U .D . rezoning : [ ] No opinion [ / ] In favor of the P . U . D . Rezoning [ ] Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : ] No opinion [ ] In favor of reservoir enlargement [ 7C ] Against reservoir enlargement 1- 3 Date ignature nd David A. , 4 ' 11 a T 4^-4 . Ramage P .O . Box 487 Grand Forks , ND 58201 sale oco ,AJtie. 871237 ' 1 P3C lQ" Arms Board of County Commissioners 3 4 CM County of Weld 1J$,, AUG 419s, 915 Tenth Street yi, -P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : - This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion [ ] In favor of the P . U . D . Rezoning [ Against the P . U .D , Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ t/]/ Against reservoir enlargement _ o Date ignature Stuart and Cathy Barnes 13606 Weld County Road 3 Longmont , CO 80501 87i3 Vii) Board of County Commissioners JULL3111007 ovi Cpunty mf Weld � 915 Tenth Street P . O . lox 1-945 WM0LgM , Greeley , CO 80632 Dear Zadies and Gentlemen : This letter is written to express my opinion as an owner of land near Uninn Reservoir with regard to the may Shores P . U .D . rezoning proposal and with regard to the llnion teservoir enlargement planned by the City of Longmont . My opinions on these issues ar-c as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ V 1 In favor of the T .U .D. Rezoning [ ] Against the P . U .D . R-ezoning 2 . Expansion of Union Reservoir anto adjacent lands planned by th-e City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ ] Against reservoir enlargement 41) 27 Date Signature Ed Dworak Lft./!C 14-54- Main Street Longmont , CO 80804 8'712,37 1o5-ee LETTER ecey f T rA �HC.1)) AY A. V. DWORAK, INC. July 5, 1987 m r 0 O Weld County Dept. of Planning Services c 915 - 10th Street c Greeley, Colorado 80631 o Re: -Proposed change in land -use designation for land owned by C.R.S. 2 -Partnership in Weld tounty, Colorado, which land lies east of Union Reservoir, south -of WCR 26, and which is bi-sected by WCR 32 0 V Gentlemen: s a a K My came is Edmund C. iDworak and my business address is 445 Main Street, Longmont, Colorado 80501`.. I am. the owner of approximately 223 acres of land x. lying north across WCR 26 adjacent to the Captioned subject land. -Of all E the property owners in the immediate vicinity, I am the most affected by any 9 change in the land use of the property under discussion. Please be advised m as follows: 1 . I support the proposed change in land use designation from agricultural z use to a P.U.D. designation for the purpose of residential construction. 3 The appropriate zoning change to accomplish this also meets with my n complete approval . z 2. I strongly object to a proposed vacation and/or abandonment of WCR 26 a from its present configuration. The developers (C.R.S. ) have kindly o shared with me a proposed possible preliminary site sketch indicating p one configuration in which their land might be placed. This sketch ID provides for the vacation of WCR 26 immediately north of their land and p immediately south of my land. Should this roadway, as it now lies, m indeed be abandoned, it would make access to the southwesterly part a. -of my farm extremely awkward for farming purposes, and equally important -v to me, it would destroy public access to the south side of my farm from z a long established roadway that apparently meets present county road m standards. In other words, should I ever wish to develop the affected w portion of my land, or even sell off another building site under the w recorded exemption process, or perhaps most importantly of all , should I wish to build a home of my own, I would not be able to meet the public access requirements of the county. Turther, many of my farm m neighbors use this road regularly and frequently in its present w configuration, and if this configuration can remain, it would mitigate the need for these neighbors to drive their pickups, trucks, tractors and other farm equipment through the newly developed residential neighborhood. Regarding separate, but somewhat related matters, please be advised as follows: 1 . I wish to be put on record as being opposed to the open space designation which as I understand it is now shown in the Weld County Comprehensive Plan for the lands lying south of State Highway 66, and east of County Road 1 to Interstate Highway I-25, which area, of course, includes my farm. 8712:1, Page 2 July b, 1987 Should the county -or other entity attempt to zone this property in any manner that would "lock in"this open space idesignation, I would strongly oppose such an effort. 2. As a -natter of record, I would like to advise you that I am in opposition to the City of longmont's tentative plans for the expansion of _Union Reservoir (which reservoir delineates the westerly boundary of my property) . Such expansion, if allowed to -occur, -would virtually destroy my -entire property and render it useless for any purposes including f-arming. Thank you for taking these remarks into consideration during your deliberations regarding the C.R.S. property. I would very much appreciate receiving notices of up-coming hearings that pertain to the matters set forth above. Cordially, • Edmund t. Dworak • ED:dp cc: . Weld County Commissioners C.R.S. Partnership Craig Lindberg Larry Burkhardt, Mayor, City of Longmont 87,2.1.237 Rr r� r!r Jut n 1 ,`J`if County of County Commissioners $ 1987 `if///f County of weld 511 915 'fetth Street GkFAkey P . O . Box 1948 Coto. Greeley , CO 80632 Dear La4ies amd Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regar-d to the Union Reservoir enlargement planned by the City -of Longmont . My opinions -on these issues -are as follows : 1 . Bay Shores P .U . D . rezoning : [ ] No opinion [X] In favor of the P . U .D . Rezoning [ ] Against the P .U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent la ms planned ±y the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ 7--] Against reservoir enlargement i Date Signature Ramona E . Helton 0545 Highway 119 Longmont , CO 80501 8712a7 //9 Board of County Commissioners JUL2 8198 . County of WeLd 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores T . U . D . rezoning Proposal and with regaril to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U .D . rezoning : [ ] No opinion [ ] In favor of the P .U . D . Rezoning [ X ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto anjacent lams pLauued by the City of -Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ ,x' ] Against r-eservoir enlargement )u Q_c 2 ? /Sri 4 J� `c24. b DieAs vt,9 1 ^4 - Da to I Si g na t re Raimon K. Newby Estate c/o Newby Farms — Betty ann Newby and Sons 12250 Weld County Road 5 Longmont , CO 80501 871.2 3, t, Board of County Commissioners '211987 ). County of Weld fJ 915 Tenth Street P . O . Box 1948 rt#. COGO, Greeley , CO 80632 Dear Ladies and Gentlemen : This Letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shorts P . U . D . rezoning prnpnsal and with regard to the _Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores Y . U . D . rezoning : ( ] No opinion L- < ] In favor of the P . U . D . Rezoning [ ] Against th-e P .B . D . Rezoning 2 . Txpansion of Union Reservoir nnto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement _J>:j Against reservoir enlargem t ' / L i c2ezzzLatz7'- 6P7 Date Signatur-. Darrell and Christina G. Felton P . O . Box 203 Longmont , CO 80501 8712a? McDonald's Restaurant 1-25 & Hwy. 119 141rdn5 Longmont, Colorado 80502 ® 303/651-9608 ritrrt:ItvFRS L11.1111 3 1987 L r ..: yA - / Y�19I VIVIAMINiNS Board of County Commissioners � County of Weld162319 T 915 Tenth Street Y P . O . Box 1948 + Greeley , CO 80632 Gt..t.l,EY. Cake. Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P .U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of _Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion Y , In favo-r of the P . U . D . Rezoning [ ] Against the P . U .D . -Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [X,H11 Against reservoir enlargement Dat4, Signat re 12456 Weld County Road 1 Longmont , CO 80501 871237 • Writ CY1Nry DDS D Board of County Commissioners fl `5 County of Weld Jf 11 915 Tenth Street j .1 UL 23 ig811 P . O . Box 1948 EI�� Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P .U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U.D . rezoning : ( ] No opinion [ ] In favor of the P .U . D . Rezoning [ �../1" Against the P .U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ v1 Against reservoir enlargement zrz Date Signature William G . and Nelda J . Sipe 1691 Weld County Roan 28 Longmont , CO 80501 in 1 . ,;m, Ygps _ _ q Board of County Commissioners JUL 2 21987j ' County of Weld Lf 915 Tenth Street MS" L0, P . O . Box 1948 fr Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P .U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My _opinions on these issues are as follows : 1 . Bay Shores P .U.D. rezoning : [ ] No opinion [ J In favor of the P .U .D. Rezon g [ uj Against the P .U .D . Rezonin �� EA-t 1"-- /Iv 2. Expansion of Union Reservoir on o 2d3 tent lands planned by the City of Longmont : /{ [ ] No opinion [ ] ::a:::: r::L::::: a::::em r t crYit s Date Signature Dallas Schneider 0503 Highway 119 Longmont , CO 80501 87121, REYNOLDS CATTLE COMPANY P. O. Box 675 Longmont,Colorado 80501 Phone (303) 535-4271 7 !/ . ., 4/ (al...4 . , 0 P cip 17, 4111:2 2 19 / 6 lin /A{. DREart, ca.a (ul c. dc nt arw LF u� L. .-AC/ C.., -4) 4 Avw -N al- c/ I` b7 t'&7 �%' `0 ��/.4. aM GLto / 1 `- Gc Jd /cmt'"1 t r l ru E371.2377 MINIM or IF I '. Board of County Commissioners � � i County of Weld ��n_a27 915 Tenth Street Jug P . O . Box 1948 Greeley , CO 80632 0360: GREELSY, Dear Ladies and Gentlemen : . This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U.D . rezoning : [ ] No opinion [ ] In favor of the P . U . D . Rezoning [ X ] Against the P .U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ J In favor of reservoir enlargement [ I Against reservoir enlarggem t MA o /9Y7 Signature Robert and Patricia Newman 13524 Elmore Rd . Longmont , CO 80501 87127 NE! CPNNTY r' y'INtr \J1.1' Z2:1987 JU Board of County Commissioners Oggastatt4. County of Weld 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U .D . rezoning : [ ] No opinion r><] In favor of the P . U . D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement t>C1 Against reservoir en ement J r / GG , 2G \JL'� / l9 7 C�,Lvi7ra-az � Jj Date Signature Leonard W. and Rosemary D . Larson 12236 Weld County Roadl Longmont , CO 80501 871237 taii1 ,k�E 0 Board of County Commissioners *1021411017 County of Weld 915 Tenth Street P . O . Box 1948 GR y, c,0tca Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U .D . rezoning : <127 .:�.2t� .,,-.. f tom✓ I -144:r3e opinion - `- [ ] In favor of the P . U .D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ ] Against reservoir enlargement 9 Date Signature Robert and Betty Amen 1670 Weld County Road 28 Longmont , CO 8050? 8'7123, \Rat ,,44A Board of County Commissioners ]�� County of Weld f JUE211g$7 i 915 Tenth Street i `� P . O . Box 1948 —. Greeley , CO 80632 c, �• Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion L�d In favor of the P .U . D . Rezoning [ ] Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement Dom] Against reservoir enlargemraeaent _ q Jul / `II 3'7 rot." /Le:we, Date Signature Earl and Barbara Sowers 12566 Weld County Road 1 Longmont , CO 80501 871.23 Board of County Commissioners '� i. County of Weld � 'i � '% H 915 Tenth Street ; 'JUL 11987 P . O . Box 1948 Greeley , CO 80632 GktELLEY. COLA Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ X ] In favor of the P .U . D . Rezoning [ ] Against the P .U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [X I Against reservoir enlargement -7—)7- - 7 • Date Signature Phillip and Marsha Willis 12244 Weld County Road 1 Longmont , CO 80501 87123, I ,4, Board JUL'2 11987 Board of County Commissioners County of Weld 915 Tenth Street P . O . Box 1948 Gn-LLc Y. COLO. Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion [ ] In favor of the P .U . D . Rezoning [)< ] Against the P .U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [>C ] Against reservoir enlargement '2/9d/77 E2�ir/16( ��!�1 (7 Da Sign ure Suzanne M. Hall 0511 Highway 119 ongmont , Co 80501 87123y of Board of County Commissioners UUL211987 County of Weld tL 915 Tenth Street P . O . Box 1948 GREELEY. Layu. Greeley , CO 80632 Dear Ladies and Gentlemen : This - letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion [ In favor of the P . U . D . Rezoning [ V ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ //v- Against reservoir enlargement /f / 1- �/� / l,r? Date c' Signature 17b)� -�� Gordon K. nd arolyn K. Smith 13117 Weld County Road 3 Longmont ,CO 80501 g7123°7 r r 01 .Tr 1 ..[1_...�il � fit..-\ ill JUL;21l t987,4 Board of County Commissioners County of Weld 915 Tenth Street GReecws, P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P .U.D . rezoning : [ ] No opinion [k] In favor of the P .U. D . Rezoning [ ] Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : ( ] No opinion [ ] In favor of reservoir enlargement [X ] Against reservoir enlargement y� /I �] /ent Date Signature Judy J . and James C . Docheff and Metro and Helen 1400 Weld County Road 28 Longmont , CO 80501 P \ " 871237 :till CC'ak`li f MOWS Ir�i J, JUL:2 119871 July 16 , 1987 Faun,-, coup. Board of County Commissioners of Weld County P .O . Box 758 Greeley , CO 80003 Dear Commissioners , Planned economic growth is something that I desire as the owner of Roadrunner #283 and as a partner in Econo Lube and Tune and the Super 8 Motel, all at the intersection of I-25 and Hwy . 119 . I am seeking your approval of the Bay Shores P .U.D . plans . This well thought out development will enhance the economical well being of our community and add to the Weld County tax base . Your favorable vote for progress in Southwest Weld County will be appreciated . Sincere, Ronald L . Hia t 3979 Hwy 119 Longmont , CO 80501 cc : Kim Collins Bay Shores P .U .D . 1333 W. 120th Ave . Suite #308 Denver, CO 80234 871..237 vat CYYNT( Cis#wt rrS Board of County Commissioners D E C E 'v County of Weld 'JUL915 Tenth Street UL 2 01987 P . O . Box 1948 j Greeley , CO 80632 GR€E1c:4, LOCO_ Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P .U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ � ] In favor of the P . U . D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [ �] Against reservoir enlargement 7 /‘ A7 D t o Signature Barbara Johnson 1715 Harvard Street Longmont , CO 80501 871237 n • WEi i COVNY, 44..63,, E1:3 8 S [ g7W`�� y Board of County Commissioners ] . County of Weld 6 JUL I 0 19$1 l ; 915 Tenth Street ;� P . O . Box 1948 Greeley , CO 80632 GREE.LLY. coLo. Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ ]] In favor of the P .U . D. Rezoning [ 4/J Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ]] In favor of reservoir enlargement [ L--1---- Against reservoir en r ement "7 J �C _ Date Signature Niwot Corporation c/o Frank S . and Andrea P . Bigelow 990 E . Highway 119 Longmont , CO 80501 87123i-70, Cc /oil �tl11 U ; Board of County Commissioners �Ulj1 71987 County of Weld 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U .D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U . D . rezoning : [ ] No opinion [ ] In favor of the P . U . D . Rezoning [ ] Against the P .U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement [> ] Against reservoir enlargement 7// Date ; ignature k Susan J . Ringsby c/o Susan Ringsby Pietrzak 1796 E . Sopris Creek Road Carbondale , CO 81632 87123`7 ,fl, o.Mt Board of County Commissioners , County of Weld fUUt1 4198?d 915 Tenth Street P . 0 . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ) No opinion [ )( ] In favor of the P . U . D . Rezoning [ ] Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ) In favor of reservoir enlargement [ X" ) Against reservoir enlargement Date Sign ture Virginia Anderson 12490 Weld County Road 1 Longmont , CO 80501 87123' i t,of i4:.Itto fi$ pi r iz li r Board of County Commissioners 41A41 t719 ` County of Weld 915 Tenth Street P . O . Box 1948 RRuw cc. -- Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ In favor of the P . U . D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ) No opinion [ ] In favor of reservoir enlargement [ )] Against reservoir argement 7- / 6 -2. 7 !� Date Si atur� Judy J. and James C. Docheff 1441 Weld County Road 28 Longmont , CI 80501 8e12P`. July 16, 1987 -Thr.1(:1113t J cal Board of County Commissioners „vi '� � ' County of Weld yiiL t f_o i . � 915 Tenth Street 1 � Greeley, Colorado $0632 Attention: Board of County Commissioners gentlemen: ode hope you will decide in favor of this proposal for rezoning of the north half of section 5, township 2 North, Range 68 west of the 6th P.M. for the purpose of developing a residential community. Your decision could be the answer to the prayers of all property owners surrounding the lake against the City of Longmont's absurd plans for enlarging the reservoir. Our land would be one of the first farms to be inundated if Longmonts plan is carried to fruition. We feel that this proposition would ultimately be of greater value to our County than Longmont's plan for creating an even larger shallow reservoir and decreasing land values in this area. Your decision on this proposition would decisively end further planning by Longmont about the destruction of our community. Finally, we think everyone should be concerned about the difference in the tax base between a housing development and the enlargement of the reservoir. Yours truly, Lel (Mr.) elly . Kelt r '44-/ Jewel D. Keltner 87123? I Board of County Commissioners County of Weld 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ] No opinion [ X]] In favor of the P . U . D . Rezoning [ ) Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement Against reservoir enlargement eg e Si nature helly F. and Jewel P. Keltner 0409 Weld County Road 28 Longmont , CO 80501 871.23? DATE: August 17, 1987 T0: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 23rd day of September, 1987, at 2:00 P.M. Docket No. 87-51: Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses, and oil and gas production facilities. Docket No. 87-57: Change of Zone from c-3 (Commercial) and R-1 (Low Density Residential) to 1-2 (Industrial) Zone District. OFFICE OF THE CLER 0 THE BOARD puty The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU TY, LORADO Ampi 8713 .E XyP�; 2/ Summary of the Weld County Planning Commission Meeting August 4, 1987 Page 10 MOTION: Ernie Ross moved Case Number USR-803:87:29 for Cactus Hill Ranch for a Use by Special Review permit for a livestock confinement operation for 100,000 head of sheep be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the permeability of the existing ponds. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Bud Halldorson - yes; Ernie Ross - yes; Ivan Gosnell - Yes, but he wants to go on record that it is his understanding that the retention pond, which is currently in existence, if not permeable does need to be reworked to keep it impermeable. Louis Rademacher - yes; Paulette Weaver - Yes, she does understand Mr. Winter's concerns, but from the information we have gotten today, she feels this does meet the requirements of the Comprehensive Plan and is essentially compatible with the existing uses in the area. Ann Garrison - Yes, and the reasons she is voting yes are because she thinks the proposal is consistent with the Weld County Comprehensive plan, consistent with the intent of the district, and she also believes the problems Mr. Winter is having as a neighbor could be caused by other things rather than the feedlot runoff. Many problems could be from runoff from the surrounding farmland. Motion tarried unanimously. The Chairman called a bread at 3:50 p.m. The meeting was reconvened at 3:55 p.m. CASE NUMBER: Z-437:87:6 APPLICANT: CRS Investments, Inc. REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses, and Oil and Gas Production facilities LEGAL DESCRIPTION: Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County Road 3-1/2 APPEARANCE: LaVern Nelson, P.E., Nelson Engineers, explained the application. Tape 192 - Side 2 XHif3i j e Summary of the Weld County Planning Commission Meeting August 4, 1987 Rage 11 The Chairman called for discussion from the member-s -of the audience. Ed -Dvorak, surrounding property owner, exprecocd concerns as -a surrounding property owner. Betty Ann Newby, area property owner, -expressed concerns as a neighboring property owner. Dorothy Hores, St. Vrian School District, stated they have been working closely with the Department of Planning Services and the Aevelopers about school iistrict concerns. Jim Vetting, President, Union Reservoir Company, stated they still are very concerned about this proposal. Ramona Helton, surrounding property owner, reported she has had a lot of trouble -with the Union Reservoir people, but she is mot completely against this development. There are houses built along the lake now. Harvey Curtis, applicant's attorney, discussed the application. The Chairman asked Rod Allison to read the recommendations and conditions as outlined by the Department of Planning Service's staff into the record. MOTION: Louis Rademacher -moved Case Number Z-437:87:6 #or CRS Investments, Inc. , for a change of zone from Agricultural to Planned Dnit Development for -R-1 (Low Density Residential) uses, and R-2 (Duplex Residential) uses, and -Oil and Gas Production facilities be forwarded to the -Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony heard by the -members of the Planning Commission. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the uembers of the Planning Commission for their decision. _Lynn Brown - les, but with a great deal of reservation based upon the criteria that we need to look at An this type of a zoning change. However, it do-es appear they have complied with the requirements of the Comprehensive -Plan. She has a great steal of concern about a development of this type in this area and the tremendous impact on county services and county roads. Bud -balldorson - Yes, -with the same reservations expressed by Lynn Brown. Ernie Ross - No; Ivan Gosnell - No, because he feels that even though this is in the Mixed-Use Development area designated by the Comprehensive Plan, and it is conceptual in use, but it s8i,'� 237 Summary of the Weld County Planning Commission Meeting August 4, 1987 Page 12 doesn't necessarily mean that it is the best use for this land. Louis Rademacher - Yes; Paulette Weaver - No, because she feels that based upon the Change of Zone Standards, this does not comply and is not consistent - with the Weld County Comprehensive Plan. We have a mixed-use development policy which states this use should demonstrate compatibility with existing uses, and among those compatibilities is density and she feels this density is definitely not compatible with existing densities anywhere near the area. The Comprehensive Plan also states that developments must be in the best interests of the health and welfare of the County and residents of the area. With the problems we have seen with a potential highwater table, conflicts of lake use, potential dangers with the ditch, the railroad track, and other attractive nuisances in the area, this is not in the best interests of the health and welfare of the County and the residents in the immediate area. We stress the importance of intergovernmental cooperation and there are many unresolved issues with the City of Longmont, not just the questions of the uses with Union Reservoir, and these are considerable. With the importance of water to the area, both for cities and for farms, the questions of what happens to Union Reservoir is a question that should be resolved before we preempt any of those decisions. At this point there is still no agreement with Union Reservoir, and she thinks that if this area want to be a city it should incorporate as a city. Ann Garrison - Yes, but she does have one reservation. She really questions whether the development is really going to protect the safety of the residents within it because of the location near the reservoir and the railroad tracks. Motion carried with four voting for the motion and three voting against the motion. The meeting was adjourned at 5:45 p.m. Respectfully submitted, -Bobbie Good Secretary 871237 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF _RECOMMENDATION TO SHE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be It Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: 1,-437:87:6 NAME: CRS Investments, Inc. ADDRESS: 1333 West 120th Avenue, Suite 308, Denver, CO 80234 -REQUEST: a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex -Residential) uses, and oil and gas production facilities. -LEGAL DESCRIPTION: Ni of Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County -Road 3-1/2. be -recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance -with application requirements o₹ Section 28.5 of the Weld County Zoning Ordinance. 2 . The rezoning request is in conformance with Section 28.7 of the Zoning Ordinance as follows: The proposed Planned _nit Development District is located within the I-25 Mixed Use Development area. The uses associated with the proposed Planned Unit Development district are consistent with the uses indicated on the I-25 Mixed Use Development area and conceptual land-use plan in the Weld County Comprehensive Plan. - The uses which would be allowed in the proposed PUD District will conform with the performance standards of the PUD District contained in Section 35.3 of the Weld County Zoning Ordinance. - 'The Long's Peak Water Association will provide water service to the proposed PUD District. The Saint Vrain Sanitation District will provide sewer service to the proposed PUD District. - The applicant has submitted an off-site road improvements agreement for 'Weld County Road's 3-1/2 and 26. The agreement has been approved to form by the � �. t.t' Z-437:87:6 CRS Investments, Inc. Page 2 County Engineer. The agreement will help to mitigate impacts to existing county roads and highway -systems that provide access to the proposed Planned Unit Development district. The County -roads and highway system is currently sot adequate in functional classification, width, and structural capacity to meet the traffic _requirements of the uses of the proposed PUD district. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and the responses -of referral entities which have reviewed the request. The Planning Commission's recommendation for approval is _conditional upon the following: 1 . The -Bay Shores Planned _Unit Development Sketch Elan map -shall be retitled "PUD District Plat" prior to recording. 2 . -The Weld County Planning Commission and Board of County Commissioners shall reserve judgement on the -type and style of perimeter fencing at the time a PUD plan application is submitted. 3. The applicant shall reduce the number of private local street accesses on Weld County Road 26 from 7 to 5, and on Weld bounty Road 3-1/2 from 6 to 4. _Additional accesses, restricted -to emergency vehicles only and for the purpose of meeting _Longmont Mural Fire Protection District Regulations shall be permitted. These accesses shall be shown on the Planned Unit Development District plat. The intent is to reduce the number of access points on county arterial roads in order to minimize interruption to traffic flows and to promote safety in accordance to Transportation _Policy do the Weld County Comprehensive Plan. 4. In accordance to the St . Vrain Valley _School Districts' -pupil yield ratio formula, the District is requesting the equivalent of 14 .257 acres. Specifically, the School District is requesting a 10 -acr-e elementary school site and the cash -equivalent of -4 .257 _acres to mitigate the expected impacts to junior and senior high schools. As part of the -Planned Unit Development plan application, -a warranty deed or other suitable document, mutually agreed upon by the developer and the _St. Vrain Valley School District -shall be ready to execute. The deed shall convey the 10 acre school site shown in Block D on the PUB District plat . Using the -pupil yield ratio formula provided by the school district, the developer shall remit cash in lieu of 4 .257 acres of land to mitigate the -remaining expected impacts on the school district prior to final -approval of a PUD plan. 8 1237 Z-437:87:6 CRS Investments, Inc. Page 3 5. As part of the PUD plan application, a gamma survey shall be conducted to determine if any possible problem exists from radon gas. Should this survey identify a radon gas problem, all structures and facilities shall be designed and constructed to prevent any possible radon gas infiltration. 6. The vacation and relocation of portions of Weld County Roads 26 and 3-1/2 shall be approved by the Board of County Commissioners prior to recording the PUD district plat. 7. The following notes shall be placed on the PUD district plat: - The number of train trips per day along the railroad trackage in the Bay Shores Planned Unit Development District may increase or decrease. - All streets within the PUD district, except Weld County Roads 26 and 3-1/2, shall be maintained by the developer, homeowner's association, or property owners within the district. - The landscape buffer within the right-of-way of Weld County Road 3-1/2 and 26 as shown on page 2-2 of the Bay Shore PUD detail sheet (typical arterial section) , will be maintained by the developer, homeowner's association, or property owners within the Planned Unit Development district. - The use of oil and gas production facilities as described in the PUD district application materials and as shown on the PUD district plat map will be located within the open space areas to be used by residents of the PUD district. - A law enforcement authority shall be formed according to Colorado Revised Statues - Plans for locating, designing, and constructing a signalled railroad crossing and safe walking access for students and residents across Weld County County 3-1/2 shall be submitted with a PUD plan application for blocks A or B of the PUD district. A PUD plan for block C shall require the signalled railroad crossing only. - Plans for locating, designing, and constructing sidewalks along all streets within the Bayshores Planned Unit Development district shall be submitted with a PUD plan application. ®fl 23? Z-437:87:6 CRS Investments, Inc. Page 4 Motion seconded by Ernie Ross. VOTE: For Passage Against Passage Lynn Brown Ernie Ross Bud Halldorson Ivan Gosnell Louis Rademacher Paulette Weaver Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 4, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 6th day of August, 1987. Bobbie Good Secretary 871232 ADDITIONAL COMMENTS Bay Shores Planned Unit Development Z-437:87:6 1 . The -City of Longmont -expressed concerns about this rezoning application in a letter dated July 28, 1987. The City's letter is attached to this recommendation. 2. The St. Vrain Valley School District summarized its request in a letter dated July 27, 1987. Conditions 4 and 7 of this recommendation addresses this request. The District's letter is attached to this recommendation. 87123, INVENTORY DT I TMS SUBMITTED FOR tO NSIDEPATION Case Number 2 1137:27:4 Submitted or Prenored Prior to Hearing At Hearing e 1. Application ;) , Pages 2. / Application plat(s) 2 pages) 3. DPS Referral tertiary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Nailing list 6. T,PS Mineral Owners Mailing Liss 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 6F • 2C Mt)II1N,"-iten't /A.pi,.'„en C. n lece°ere e._f'//.3 ) 12.E y s4c ri SUP S, f e /kens SvJ> 4-} (( 13. P/A-,'.mc...41 Zcy,-a,,4uq % r 14. / • 13. 16. 1-7. 18. 19. 20. I hereby certify that the L3 items identified herein were submitted to she _Department of Planning Services at or prier to the scheduled Planning Commission hearing. -I further certify that these items were forwarded to the Clerk to the Board's office on 19 gi - Current Planner STATE _OF COLORADO ) COUNTY OF WELD ) 'RA SUBSCRIBED AND SWORN TO BEFORE ME THIS '7 DAY OF 19 % 7 , SEAL 1-4a Qis erA • NO ARY PUBLIC 2-.r o8,7/f 87122, 7 YY COMMISSION EXPIRES -EXHIBIT INVENTORY -CONTROL SHEET Case co, - "drat Exhibit Submitted By Exhibit Description A. frt 61'!s �y � /jlbe�?1�' 4 ! Lr�a�J 2� • B. 7 71.27, /'� Daa¢u7z� /��G»73171ZiG �Ct��v C• ??A7 /nLa4j /7 D. ,i1A gE. iy 2teJit1dG9�-. F. )� .17 G. aa ��//�/!�'. "4, el./6 g/4 H. @R �)rnended a7,Titan UAo-a -b an �11� n� Qnd r2/onnj)on of ied3 `o% as I. Ed Qwna.& liltfh d racur,i . o-be 4'5J.14 Ce / (77S err \l'R 2 OQL)7•4 , Y hi/ L( Vic_ W L. M. N. 0. 871237 • R , 6-25-87 COUNTY OF WELD , STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT (-OFF-SITE) THIS AGREEMENT, made and entered into this day of , 1987 , by and between the COUNTY OF WELD, - STATE OF COLORADO , hereinafter called "County , " and CRS INVESTMENTS , INC. , a Colorado corporation , hereinafter called "Owner" and/or "Developer" . W I T N E S S £ T ]3: WHEREAS , Developer -has applied to the County for approval of a change of zoning for Planned Unit Development , Case No. , for R-1 and R-2 P.D.D. uses , including residential , open space , and oil. and gas development uses on land located on -part of the north one-half of Section 5 , Township 2 North , Range 68 West of the 6th Principal Meridian , Weld County , Colorado , and WHEREAS , the Planned -UnitDevelopment will generate additional traffic on the access road and other nearby roads , and WHEREAS , the existing County roads which provide access to the planned Unit -Development will require improvements to adequately serve traffic , the approximate costs of which are attached hereto as Exhibit No. 2 , and WHEREAS , Developer has offered to accept certain road improvement actions , and WHEREAS , Developer has submitted to the County a traffic study ( the "Study" ) , dated March, 1987 , proposing _road improvements with various phases of the development. NOW, T-HE-REFORE , in consideration of the mutual covenants and conditions set forth herein , the County and the developer mutually agree as follows: 1. Primary access to the Planned Unit Development shall be via Weld County Road No. 3-1/2 from Colorado State -Highway No. 119 approximately one-half mile north to the Planned Unit Development southerly property line. 2. Other -nearby roads are Weld County Road No. 2b which lies adjacent to the northproperty line of the Planned Unit Development (the "P . U. D. " ) . 3. All construction and materials under this agreement shall be in accordance with the Standard Specifications for Road 6,7-1 Ad 5::13. �_n. and Bridge Construction of the Colorado Department of Highways , with reference to the edition current at the time the project is initiated. The County shall review and approve the construction plans prior to construction and shall have the same authority as the Engineer , as defined in the specifications for the project , to inspect construction. 4 . Phase I. A. As improvements for Phase I (see Figure 3 from the Study appended hereto ) of the P. U.D: , Developer agrees to pave the two lanes of the one-half mile portion of County Road No. 3-1/2 to the Planned Unit Development, as defined in paragraph no. 1 above. Said Phase I improvements shall also include permanent paving of four lanes of Road No. 3-1/2 to the railroad crossing on the P. U. D. north of the two lanes , and the improving of said crossing to comply with the recommendations of the staff of the Colorado Public Utility Commission , together with sidewalks , fences and landscaping adjacent to this four lane roadway as shown on the arterial detail attached hereto as Exhibit No. 1 . In addition , a paved auxiliary lane shall be provided on County Road No. 3-1/2 adjacent to State Highway No. 119 to separate right turn and left turn lanes. County Road No. 3-1/2 terminates at that location . Further, a paved westbound acceleration lane will be provided on Highway No. 119 to the west of this intersection , and a paved westbound deceleration lane on Highway No. 119 shall be provided to the east of this intersection. The sidewalks , fences and landscaping portion of the Phase I improvements shall become the maintenance responsibility of the homeowners association. B. Developer agrees to initiate the Phase I improvements after recording of the final plat for Phase I of the P. U.D. at such time as construction of homes begins and to complete the Phase I improvements prior to occupancy of homes in said Phase I. C. If , prior to or within ten years after the completion of the construction of Phase I of the off-site road improvements , Weld County issues zoning or other approval for any other residential , commercial , or industrial development , or any expansion of any agri-businesses , that will be using as access any of the portion of , or which is located adjacent to , County Road No. 3-1/2 or Highway No. 119 paved at the expense of the Developer , the County , to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the road compares to the Developer ' s projected use of the road. 5. Phase II. A. As improvements for Phase II , Developer agrees to pave four lanes of the portion of County Road No. 3-1/2 extending north from the railroad crossing on the P. U. D. to the 87123'7 intersection of Road No. 3-1/2 with County Road No . 26 and north of realigned County Road No. 26 to the north property line of the P . U. D. Further , Developer agrees to realign the Phase II portion of County Road No. 26 and to pave four lanes of County Road No. 26 from the intersection of realigned County Road No. 26 with County Road No. 3-1/2 westerly to the West property line of the P . U. D. , together with sidewalks , fences and landscaping adjacent to this four-lane roadway as shown on the arterial detail attached hereto as Exhibit No. 1. In addition , Developer agrees to pave the existing two 12-foot lanes of County Road No. 26 from the west property line of the P . U.D. westerly to the Weld County/Boulder County line. The sidewalks , fences and landscaping portion of the Phase II improvements shall become the maintenance responsibility of the homeowners association . B. Developer agrees to initiate the Phase II improvements after recording of the final plat for Phase. II of the P . U.D. at such time as construction of homes begins and to complete the Phase II improvements prior to occupancy of homes in said Phase II. C. If , prior to or within ten years after the completion of the construction of Phase II of the off-site road improvements , Weld County issues zoning or other approval for any other residential , commercial , or industrial development , or any expansion of any agri-businesses , that will be using as access , or which is located adjacent to, any of the portions of County Roads No. 3-1/2 and/or No. 26 identified as Phase II paved at the expense of the Developer , the County, to the extent permitted by law, agrees to seek contributions to the cost of the roads , pro rata as the projected use of the roads compare to the Developer ' s projected use of the roads. 6. Phase III . A. Developer agrees to install a traffic signal at the intersection of State Highway No. 119 and County Road No. 3-1/2 , as the improvements required for Phase III of the P. U.D. B. Developer agrees to initiate the Phase III improvements after recording of the final plat for Phase III of the P . U. D. at such time as construction of homes begins and to complete the Phase III improvements prior to occupancy of homes in said Phase III. C. If , prior to or within ten years after the completion of the construction of Phase III of the off-site road improvements , Weld County issues zoning or other approval for any other residential , commercial , or industrial development , or any expansion of any agri-businesses , that will be using as access , or which is located adjacent to the Highway No. 119/Road No. 3-1/2 signal installed at the expense of the Developer , the County, to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected CJ 3 use of said intersection compares to the Developer ' s projected use of the intersection. 7. Phase IV. A. Developer agrees to pave four lanes- of that portion of County Road No. 26 lying east of the intersection of County Road No. 26 with County Road No. 3-1/2 extending easterly to the east property line of the P.U.D. as the Phase IV improvements for the P . U. D. , together with the sidewalks , fences and landscaping adjacent to this four-lane roadway as shown on the arterial detail attached hereto as Exhibit No. 1. The sidewalks , fences and landscaping portion of the Phase IV improvements shall become the maintenance responsibility of the homeowners association. B. Developer agrees to initiate the Phase IV improvements after recording of the final plat for Phase IV of the P . U.D. at such time as construction of homes begins and to complete the Phase IV improvements prior to occupancy of homes in said Phase IV. ' C. If , prior to or within ten years after the completion of the construction of Phase IV of the off-site road improvements , Weld County issues zoning or other approval for any other residential , commercial , or industrial development, or any expansion of any agri-businesses , that will be using as access , or which is located adjacent to , any of that portion of County Road No. 26 paved at the expense of Developer as Phase IV of the improvements , the County , to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the road compares to the Developer' s projected use of the road. 8 . Phase V. A. Developer agrees to add two 12-foot lanes of County Road No. 3-1/2 between the intersection of County Road No. 3-1/2 with Colorado State Highway No. 119 extending north to the southerly property line of the P.U.D. , plus 250 feet of 12-foot left turn lane on Road No. 3-1/2 at Highway No. 119 , which improvements shall be Phase V of the improvements for the P . U.D. B. Developer agrees to initiate the action necessary to accomplish Phase V of the improvements after the recording of all final plats for the P .U. D. at such time as 500 dwelling units on the P.U. D. have been completed and certificates of occupancy issued therefor by the County of Weld, State of Colorado. C. If , prior to or within ten years after the completion of the construction of Phase V of the off-site road improvements , Weld County issues zoning or other approval for any other residential , commercial , or industrial development, or any 871.237 4 expansion of any agri-businesses , that will be using as access , or which is located adjacent to , any of the approximate one-half mile of County Road No. 3-1/2 paved at the expense of the Developer , the County , to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the road compares to the Developer' s projected use of the roads . 9. It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms and that it be binding upon the Developer and its successors , and assigns , and on this Board and future Boards to the fullest extent permitted by law. Should this Agreement , or any portion thereof , be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time , this contract shall be construed as a one year contract with automatic annual renewals. 10 . It is the intent of the parties that a separate agreement regarding collateral for construction for each phase of the off-site improvements will be proposed by the Developer prior to review by the County of the final plat for each phase of the development to be executed prior to recording of each such plat. 11. The addresses of the parties are as follows: Weld County Board of County Commissioners 915 Tenth Street P.O. Box 1948 Greeley , Colorado 80632 CRS Investments , Inc. 1333 West 120th Avenue , Suite 308 Denver , Colorado 80254 It shall be the obligation of the parties to notify each other of any change of address , registered agent , or change of ownership. IN WITNESS WHEREOF , the parties hereto have duly executed this Agreement the day -and year first above written. ATTEST : BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO Weld County Clerk and Recorder and Clerk to the Board By: Chairman By: Deputy Clerk 8 $.^ '3' 5 CRS INVESTMENTS , INC. By: Its 5 . 4 `.Wc CLIENT ' DG?„.M6 JOB NO. 7O l 3 14 ;. PROJECT -3A1� 4Ho�t5 CALCUTAT,ONS FOR 41=1 ACV. — 50FrE" NEL ON ENGINEERS P-p/ f S11EET I OF Q, Lr DATE_12g/Z42_CHECKED OT DATE MADE BT / • i I 1 T 1 1 I . I ' 1 J I I -I _ I- .I ;I_ ' - f I- 1 L 1 1 .. ' 1 I • ; . . An F��AL.- 1 - 1.--1 - 1. 1 1 I I _11 •\ ;. I -, -1 - 1 I-- I- _ 1- 1-1 it __L___1 --� 4 I I I 11 • + - ;I - I 111I 1 -1- -'----;-+-- --i---1,--1---,-- -,--1-7„ I I I I1T" i -_-_ ' - I I I l_, _ , I ,- Th1± j � TI I- i -1 � '11 ; � � i 1 I1 - I - i - I•{-I l I i t ! i I i ±ft, - I1_14'-I -- I± *J 14 1 I , 1 _- ; I G 4 I , i >i- i , I I I ; 1 1 I t I 1 - I , —I t 1 i 1 I ` - 1 poos� 1 �,'j`- HTh -- --,11 1 ,- I I 1 kTh -� I I 1- 1 -I IEw!L ;-. II 2t -H1- i ,_-- 1-.1,-__ -_-r...„1- 7 ■ 1 I II V;k PPEN ',ARiEA 1L-1, I I _-1-\--I ! I I i- T1- --I-- =r---T-1--1-- --I4- i1-' - - - i __Lid__ 1 - 1- __I I i - f itt 1i_ 1 a11 i - - i— 1 I11 . -�I I ' -{ ' —t 1 iI 'r—{—j — I ! --•— 1 I -II I 1 • I I I 1 I• I i ' 1 1 — 1-_ r _ . 1 �_ __I- . 1 1 1 i t , I I I_ i , , t , , I- 1 i 1 1 I I 71 1—•--1---i-i—l---r-,-7-7T t.-1—r— I 1._ 1.. . m Jd i --t. 5u8�NISlo 1 �eGvaaR ! j 1 • I r I 1 1 ; I , , I i 1 , ' — r— I • i • 1 1 _I i ! 1 i I • ' , 87123 1 I . PYHTBTT l . 6/ 29/87 BAY SHORES P .U . D . WELD COUNTY , COLORADO PHASE I - ESTIMATE UNIT ITEM UNIT QUANTITY PRICE EXTENSION * STATE HIGHWAY 119 IMPROVEMENTS - ACCEL/DECEL LANES Deceleration Lanes = 570 ' Length + 600 ' Taper x 12 ' Width Acceleration Lanes = 1 , 170 ' Length + 600 ' Taper x 12 ' Width S .Y. 6 , 200 $1 . 00 $6 , 200 . 00 Clear and Grub $1 . 00 $6 , 200 . 00 Subgrade Preparation S .Y . 6 , 200 6 . 00 $37 , 200 . 00 Base Course - 14" CL 6 S .Y. 6 , 200 $6 . 00 $31 , 000 .00 Asphalt 3" Grade E S.Y. 6 , 200 SUBTOTAL $80 , 600 . 00 * WELD COUNTY ROAD 3 Il - ST HWY 119 NORTH TO SOUTH P .L. Two 12 ' lanes plus 250 ' x 12 ' left turn lane at SH 119 intersection. Asphalt overlay on existing gravel roadbase with compaction . Clear and Grub S .Y. 1 ,000 $1 . 00 $1 , 000 . 00 Sugade Babser Course e- 10" CL 6 S .Y 1 , 000 $5 . 00 $5 ,000 . 00 Asphalt - 3" Grade E S.Y. 7 , 300 $5 . 00 $36 , 500 . 00 SUBTOTAL $49 , 800 . 00 * WELD COUNTY ROAD 3/ - SOUTH P. L. NORTH TO RAILROAD Four 16 ' lanes with concrete curb and gutter. Drainage ditches to be eliminated. $4 , 500 . 00 Clear and Grub S .Y. 9 , 000 $0 . 50250 $7 ,000 . 00 4 Grading - Excav and Fill C.Y. 3, 500 $2. 00 $7 ,200 . 00 Subgrade Preparation S.Y. 7 , 200 $1 . 00 $29 , 865 . 00 Asphalt Course CL 6 S.Y. 9,955 $5 . 00 $49 , 775 . 00 Aspbaan 3" Grade E L.F . 2 , 700 $8 . 00 $21 ,600 . 00 Curb and Gutter ' SUBTOTAL $119 ,940 . 00 * RAILROAD CROSSING L. S. 1 $80 ,000 . 00 $80 , 000 . 00 SUBTOTAL $80 , 000 . 00 EXHIBIT #2 TO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT (OFF SITE) Page 1 of 5 flfl2a BAY SHORES P . U . D . 6/29/87 WELD COUNTY , COLORADO PHASE II - ESTIMATE UNIT ITEM UNIT QUANTITY PRICE EXTENSION ******************** **** ******** *********** ***************.* * WELD COUNTY ROAD 31/2 - RAILROAD NORTH TO P .U . D. NORTH PROPERTY LINE Four 16 ' lanes with concrete curb and gutter. Drainage ditches to be eliminated. Clear and Grub S .Y. 8 , 000 $0 . 50 $4 ,000 . 00 Grading - Excav and Fill C.Y. 3 , 000 $2 . 00 $6 , 000 . 00 Subgrade Preparation S .Y. 6, 400 $1 . 00 $6 , 400 . 00 Base Course - 10" CL 6 S.Y . 8 , 533 $3. 00 $25 , 599 . 00 Asphalt - 3" Grade E. S.Y . 8 , 533 $5 . 00 $42 , 665 . 00 Curb and Gutter L. F. 2 , 400 $8 . 00 $19 , 200 . 00 SUBTOTAL $103 , 864 . 00 * WELD COUNTY ROAD 26 WCR 31 WEST to P.U.D. PROPERTY LINE Four 16 ' lanes with concrete curb and gutter. Drainage ditches to be eliminated. Clear and Grub S.Y . 6 , 700 $0 . 50 $3 , 350 . 00 Grading - Excav and Fill C.Y. 2 , 350 $2 . 00 $4 , 700 . 00 Subgrade Preparation S.Y. 5 , 350 $1 . 00 $5, 350 . 00 Base Course - 10" CL 6 S .Y. 19 , 911 $3. 00 $59 , 733. 00 Asphalt - 3" Grade E S.Y. 19 ,911 $5 . 00 $99 , 555. 00 Curb and Gutter L. F, 2 , 800 $8 . 00 $22 ,400 .00 SUBTOTAL $195 , 088 .00 * WELD COUNTY ROAD 26 FROM P.U.D. WEST PROPERTY LINE TO WELD COUNTY ROAD 1 Two - 12 ' lanes asphalt placed on existing road base . Clear and Grub S.Y. 7 , 040 $0 . 50 $3 , 520 . 00 Grading - Excav and Fill C.Y. 7 ,040 $2 . 00 $14 , 080 .00 Subgrade Preparation S.Y. 14 ,080 $0 . 50 $7 , 040 . 00 Base Course S.Y. 14,080 $1 . 00 $14 , 080 . 00 Asphalt 2" S .Y. 14 , 080 $4 . 00 $56 , 320 . 00 SUBTOTAL $95, 040 . 00 Page 2 of 5 BAY SHORES P .U. D. 6/29/87 WELD COUNTY, COLORADO PHASE III ESTIMATE INSTALL TRAFFIC SIGNAL AT INTERSECTION OF WELD COUNTY ROAD #26 AND HIGHWAY #119 PER COLORADO DEPARTMENT OF HIGHWAY AND WELD COUNTY ENGINEERS RECOMMENDATION . LUMP SUM $75 , 000 . 00 Page 3 of S 87123 BAY SHORES P. U .D. 6/ 29/87 WELD COUNTY , COLORADO THASE IV ESTIMATE UNIT ITEM UNIT QUANTITY PRICE EXTENSION ********** **** ***** **** ******** *********** **************** * WELD COUNTY ROAD 26 - WCR 31/2 FAST TO EAST P . L . Tour 16 ' lanes with concrete curb and gutter. Drainage ditches to be eliminated. Clear and Grub S.Y. 18 , 000 $0 . 50 $9 ,000 . 00 Urading - lxcav and Fill C.Y. 6 , 500 $2 . 00 $13,000 . 00 Subgrade Preparation S .Y. 14 ,400 $1 . 00 $14 ,400 . 00 Base Course - 10" CL 6 S.Y. 19 , 200 $3 . 00 -$57 , 600 . 00 Asphalt - 3" Grade E. S.Y. 19 , 200 $5 . 00 $96 ,000 . 00 Curb and Gutter L. F. 5 , 400 $8 . 00 $43, 200 . 00 SUBTOTAL $233 , 200 . 00 Page 4 of 3 ' 23 BAY SHORES P. U. D. -6/29/ 87 WELD COUNTY, COLORADO PHASE V ESTIMATE IMPROVEMENTS TO BE CONSTRUCTED DEPENDENT UPON DEVELOPMENT AND TRAFFIC AND/OR 500 DWELLING UNITS ARE OCCUPIED. UNIT ITEM UNIT QUANTITY PRICE EXTENSION **************** **** ******** **** ** *************** * WELD COUNTY ROAD 3 11 - ST HWY 119 NORTH - WIDEN TO FOUR LANES Four 16' lanes plus 250 ' x 12 ' left turn lane at SH 119 intersection. Remove overlay, eliminate ditches , add concrete curb and gutter. Clear and Grub S .Y. 10 , 000 $0 . 50 $5 ,000 . 00 Grading - Excav and Fill C.Y. 7 , 000 $2 . 00 $14 ,000 . 00 Subgrade Preparation S.Y. 18 , 133 $1 . 00 $18 , 133. 00 Lase Course - 10" CL 6 S.Y. 18 , 133 $3. 00 $54 , 399 . 00 Asphalt - 3" Grade E - S .Y. 18 , 133 $5 . 00 $90 , 665 . 00 Curb and Gutter L. F. 5 , 100 $8 . 00 $40 , 800 . 00 SUBTOTAL $222 ,997 . 00 Page 5 of 5 871237 SAY SHORES P. U. D. PNASEV DO/ELD-PMC1.IT PLAtsl P1-1A-SE .L. -4-LANES — 1 I i / 1 I PHASE II • % / � / I I 2- 12'LANES PHASE II / /#z1° NI I 4-LANES" p/$uP� in I V '7BLOC-K # 7 7 , � A ° � e: & :H: :: 7 � 7( ,- 1 BLOCK C � , T J "'� o I PHASE I 1 • I -4- LANES D BLOCK B tu 3I I I Ipr H .. 3 N 1 I \I PHASE I I I j PHASE 7 Z- LADES 2ADDI710 ti11•AL LAN£5 11 1 i PHASE III I #SI4NALIZATION AT 2UTEQSEGT 1011 HWY. # 119 L _J F i LIRE 3 8'4123 Date: August 4, 1987 CASE NUMBER: Z-437:87:6 NAME: CRS Investments, Inc. ADDRESS: 1333 West 120th Avenue, Suite 308, Denver, CO 80234 REQUEST: A Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses, and oil and gas production facilities. LEGAL DESCRIPTION: Ni of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County Road 3-1/2. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 28.5 of the Weld County Zoning Ordinance. 2. The rezoning request is in conformance with Section 28.7 of the Zoning Ordinance as follows: - The proposed Planned Unit Development District is located within the I-25 Mixed Use Development area. The uses associated with the proposed Planned Unit Development district are consistent with the uses _indicated on the I-25 Mixed Use Development area and conceptual land-use plan in the Weld County Comprehensive Plan. - The uses which would be allowed in the proposed PUD District will conform with the performance standards of the PUD District contained in Section 35.3 of the Weld County Zoning Ordinance. - The Long's Peak Water Association will provide water service to the proposed PUD District. The Saint Vrain Sanitation District will provide sewer service to the proposed PUD District. - The applicant has submitted an off-site road improvements agreement for Weld County Road's 3-1/2 and 26. The agreement has been approved to form by the County Engineer. The agreement will help to mitigate impacts to existing county roads and highway systems that provide access to the proposed Planned Unit Development district. The County roads and highway system is currently not adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD district. 871237 Z-437:87:6 C-KS Investments, Inc. Page 2 These determinations are based, in part, upon a review of the information _submitted by the applicant, other relevant information regarding this request, and the responses of referral entities which have reviewed the sQquest. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The Bay Shores Planned Unit Development Sketch Plan map shall be retitled ''_PUD District Plat" prior to recording. 2. The Weld County Planning Commission and Board of County Commissioners shall reserve judgement on the type and style of perimeter fencing at the time a PUD plan application is submitted. 3. The applicant shall reduce the number of private local street -accesses on Weld County Road 26 from 7 to 5, and on Weld County Road 3-1/2 from 6 to 4. Additional accesses, restricted to emergency vehicles only and for the purpose of meeting Longmont Rural Fire Protection District Regulations shall be permitted. These accesses shall be shown on the Planned Unit Development District plat. The intent is to reduce the number of access points on -county arterial roads in order to minimize interruption to traffic flows and to promote safety in accordance to Transportation Policy 5 in the Weld County Comprehensive Plan. A. In accordance to the St. Vrain Valley School Districts' pupil yeild ratio formula, the District is requesting the equivalent of 14.257 acres. Specifically, the School District is requesting a 10 acre elementary school site and the cash equivalent of 4.257 acres to mitigate the expected impacts to junior and senior high schools. As part of the Planned Unit Development plan application, a warranty deed or other suitable document, mutually agreed upon by the developer and the St. Vrain Valley School District shall be ready to execute. The deed shall convey the 10 acre school site shown in Block D on the PUD District plat. Using the pupil yield ratio formula provided by the school district, the developer shall remit cash in lieu of 4.257 acres of land to mitigate the remaining expected impacts on the school district prior to final approval of a PUD plan. 87 1')37 Z-437:87:6 CRS Investments, Inc. Page 3 5. As part of the PUD plan application, a gamma survey shall be conducted to determine if any possible problem exists from radon gas. Should this survey identify a radon gas problem, all structures and facilities shall be designed and constructed to prevent any possible radon gas infiltration. 6. The vacation and relocation of portions of Weld County Roads 26 and 3-1/2 shall be approved by the Board of County Commissioners prior to recording the PUD district plat. 7. The following notes shall be placed on the PUD district plat: - The number of train trips per day along the railroad trackage in the Bay Shores Planned Unit Development may increase or decrease. - All streets within the PUD district, except Weld County Roads 26 and 3-1/2, shall be maintained by the developer, homeowner's association, or property owners within the district. - The landscape buffer within the right-of-way of Weld County Road 3-1/2 and 26 as shown on page 2-2 of the Bay Shore PUD detail sheet (typical arterial section) , will be maintained by the developer, homeowner's association, or property owners within the Planned Unit Development district. - The use of oil and gas production facilities as described in the PUD district application materials and as shown on the PUD district plat map will be located within the open space areas to be used by residents of the PUD district. - A law enforcement authority shall be formed according to Colorado Revised Statues_ - Plans for locating, designing, and constructing a signalled railroad crossing and safe walking access for students and residents across Weld County County 3-1/2 shall be submitted with a PUD plan application for blocks A or B of the PUD district. A PUD plan for block C shall require the signalled railroad crossing only. - Plans for locating, designing, and constructing sidewalks along all streets within the Bayshores Planned Unit Development district shall be submitted with a PUD plan application. 8$1237 ADDITIONAL COMMENTS Bay Shores Planned Unit Development Z-437:87:6 1 . The City of Longmont expressed concerns about this rezoning application in a letter dated July 28, 1987. The City's letter is attached to this recommendation. 2. The St. Vrain Valley School District summarized its request in a letter dated July 27, 1987. Conditions O/4 and 7 of this recommendation addresses this request. The District's letter is attached to this recommendation. 871.21,a1 • St. Vrain Valley School District Keith Blue, Superintendent of Schools 395 S. Pratt Parkway Longmont, Colorado 80507 July 27, 1987 J tiff^ l ir ,� I Rod Allison Principal Planner � JUL �� ' �I Department of Planning Services _ 915 10th Street Greeley, CO 80601 Welt L"a. Pi tiiu ik ,iTmissiur Dear Mr. Allison; This letter summarizes school district correspondence dated May 28, June 23, July 13, and July 16, 1987, regarding the Bay Shores PUD. Student Impact -1 STUDENTS STUDENT OVER CAPACITY ENROLLMENT + PROJECTED = IMPACT CAPACITY E• rARY: Mead 408 426 + 308 = 734 Yes JUNIOR HIGH: Mead 343 198 + 148 = 346 Yes HIGH SCHOOL: Skyline 1169 975 + 136 = 1111 No To serve the needs of elementary students generated by this development, we have worked with the developer in locating a 10 acre school site within Bay Shores. The location of the school site on the June 29, 1987 sketch plan is satisfactory to the school district. The needs of secondary students generated by this development will be met by a secondary site located outside the boundaries of this subdivision at a location in Weld County as yet undesignated. To meet this need, we are requesting cash—in—lieu for the amount of land in excess of 10 acres as the -developer's pro rata share calculated in accordance with Weld County regulations. Walk—In Access Roger Driver, Assistant Superintendent For Business Services, and I have had discussions with Mr. Collins regarding safety of students living in Bay Shores walking to the proposed elementary school site. Plans call for Weld County Road 3 1/2 to become a four—lane arterial. We restate our request for sidewalks along this arterial road. The proposed signaled railroad crossing should be sufficient for students living in the southern portion of the development. To provide for students living in the west half of the development, safe walking access across Weld County 3 1/2 is essential. We are requesting that an amount from the developer, not to exceed $30,000, be held in reserve for the purpose of constructing a traffic control signal across Weld County Road 3 1/2, west of the school site. 8712:r. P. 2 Briefly the district's itemized needs are as follows: 1. Ten acre elementary school site within the subdivision. 2. Walk—in access to the school site — a. Sidewalks along Weld County -Road 3 1/2. b. Signaled railroad crossing. c. Traffic control signal ($30,000) on Weld County Road 3 1/2. 3. Cash-in-lieu for future secondary school site in Weld County. Sincerely, /64tet- (// Dorothy Hores, Director -Planning, Evaluation and Communication /bem 871237 / `..V r Ot LO DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic Center Complex / Longmont, CO 80501 (303) 651-8330 OOLORpsvO July 28, 1987 Mr. Rod Allison Dept. of Planning Services Weld County 915 10th Street Greeley, CO 80631 RE: BAY SHORES PUD - REZONING (1-437:87: 6) Dear Mr. Allison: The City of Longmont has expressed several concerns about this project in 1-etters dated June 19, 1986; September 16, 1986; October 13, 1986; November 3, 1986; March 24, 1987; and May 26, 1987 (all attached) . Although a compre- Thensive plan has been adopted for this area and some oT our concerns addressed (street widths) , many of our concerns remain unresolved. 1. The Longmont Area Comprehensive Plan (Open Space Component) conceptually designates the area southeast of Union Reservoir as Open Space. This designation provides areas not only for recreational purposes but also provides undeveloped areas to be utilized as a possible seepage control site for Union Reservoir. Location of single family homes immediately southeast of the reservoir may lead to conflicts between the reservoir owners and the residents. 2. Residential devel-opment as proposed could put many lives at risk because of the proximity to the dam. 3. High intensity urban development at this location will lead to inefficient provision of services to the future residents of the area. It may also have detrimental effects on the surrounding agricultural uses. If urban level development is to occur in Southwest Weld County, we feel it should be concentrated around the I-25, SH119 intersection. Having two hubs three miles apart will create unnecessary traffic impacts on County and state roads , and make the provision of water, sewer and other services more costly. �' JUL ;;ii 93;7 J 871,.21')... 'deIG Cu, Plammmk Chmmissiau Mr. 'Rod Allison July 21, 1987 Page 2 4. Sever-al constraints to providing an integrated, coordinated residential development exist or are proposed within this site, including: a. The Great Western 'Railroad bisects the site from northeast to southwest. b. County -Roads 3z and 26, proposed arterials , further divide the site. c. The Oligarchy Ditch further divides Blocks 18 and C. it appears that there has been to attempt, through the PUD process to include the ditch -as an amenity to the development. The applicants proposal , in fact, states that the ditch is to be fenced aff, possibly becoming a site and maintenance hazard. -d. The gas wells further divide the south half -of Block A and the north half of Block L. We respectfully urge Weld County to consider these concerns . Thank you for the opportunity to comment on this {proposal . Sincerely, r,kiwkwiwivoia\--h3.WmAk.. James E. Hofbauer Planner II 9P ,--yn ""1 LAND-USE APPLICATION SUMMARY SHEET Date: July 24, 1987 CASE NUMBER: Z-437:87:6 NAME: C.R.B. Investments, Inc. ADDRESS: 1333 West 120th. Avenue, Suite 308 REQUEST: Change of Zone _from A (Agricultural) to P.U.D. (3t-1, R-2, and oil and gas production. LEGAL DESCRIPTION: Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/2 mile north of State Highway 119; nn Weld County Road 3 1/2. SIZE OF PARCEL: 280 Acres, ± POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The Planning Commission's recommendation to the Board of County Commissioners should be based on the information in Section 28.7 of the Wel-d County Zoning Ordinance. A copy of the Department of Planning Services' staff comments on the Fay Shores P.U.D. Sketch Flan has been included. The staff comments may help to summarize possible issues. Some issues raised in the Sketch Plan comments have been resolved. ROADWAY SYSTEM During the Sketch Plan application stage, the applicant was asked to reduce the local accesses onto Weld County Road 3 1/2 and 26. The reason for reducing the number of accesses is because Weld County -toads 3 1/2 and 26 are projected in the Weld County Comprehensive Plan as future arterial roads (four lane _paved roads) . Additional accesses on Weld County Road 3 1/2 will also be required to accommodate the _mobile home park and single family residential units planned south of the subject site. The number of accesses on this one mile stretch of Weld County Road 3 1/2 should be carefully planned. The Sketch Plan -app.Hcation had seven accesses onto Weld County Road 3 1/2. The current application shows six accesses onto Weld County Road 3 1/2. She Sketch Plan application had eight accesses -onto Weld County Road 26. The current application shows seven accesses onto Weld County Road 26. The County Engineer has indicated approval of the current F.U.D. Road Access System subject to working out the vacation and realignment of Weld County Road 26. C.R.S. Investments, Inc. Z-437:87:6 Page 2 The reason why it is difficult to reduce the number of accesses onto Weld County Road 3 1/2 and 26 is because the railroad trackage and Weld County Road 3 1/2 physically divides the property into four blocks. The fire district is also requiring two ways into each block. One possible solution suggested by the Fire Marshal of the Fire District was to design an emergency access into each of the blocks. By incorporating an access for emergency vehicles and reducing one public access in each of the four blocks, the number of the public accesses onto projected County Arterial Roads could be reduced for this P.U.D. OPEN SPACE A review of page 1 of the Bay Shores P.U.D. map shows that the applicant would like to combine, in Block C, a 9.6 acre tract for public open space around a one acre area designated for existing oil and gas production facilities. The oil and gas production facility would be bermed, fenced, and low profile tank batteries installed. The applicant would like to do the same thing in Block A for the 8.1 acre public open space tract. Centering the oil and gas production facilities in an area designated for use by residents of the P.U.D. may not be compatible. Maybe the oil and gas production facilities and the residential open space should be physically separated to discourage interaction between kids in the P.U.D. and the equipment associated with oil and gas production. Estimated traffic associated with oil and gas production is: (1) Panhandled Eastern - 4 or 5 trips a month to monitor records and equipment; (2) the well producer - 3 to 4 trips a week to remove condensate and water. RAILROAD TRACKAGE The Subdivision Regulations state that where a subdivision borders a railroad right-of-way a landscape buffer area of not less than twenty feet may be required for adequate reduction of noise pollution. The applicant proposes the following treatment: (1) design lots so that they abut the railroad right-of-way; (2) place a 6 foot wood fence on the rear property line; (3) establish a minimum 20 foot setback for homes from the rear property line. This approach would allow the owner of a lot abuting a railroad right-of-way to provide and maintain their own buffer. The applicant is concerned about developing a landscape buffer which the homeowner's association may not maintain in the future. According to Pete Ascher, of Great Western Railroad, there are approximately twelve trains a week on this trackage during peak season (when sugar beets are harvested) . The staff does not know of any plans to increase train trips on the trackage, but the possibility will always exist. 871237 C.R.S. Investments, Inc. Z-437:87:6 Page 3 One possible solution could be to except the applicant's proposal and require additionally that a note be typed on the district plat, plan plat, and deed of each lot abutting the railroad right-of-way. The note could say, the number of train trips a day may increase or decrease on the railroad trackage within the subdivision. The intent would be to give potential property owners initial information about any train activity if they are interested. PERIMETER LANDSCAPING During the Sketch Plan application stage, the applicant was asked to consider a landscape buffer around the perimeter of the project instead of a 6 foot wood fence. The applicant explained that fencing is a requirement of the Federal Housing Administration and Veterans Administration. The perimeter landscaping was recommended because it will help to physically separate the residential uses from the surrounding agricultural uses. Depending on the housing economy, agricultural uses could continue for a number of years. The applicant expressed concern about developing a landscape buffer which the homeowners association may not maintain in the future. A possible solution would be accept the applicant's idea about perimeter fencing but to note that the type of fence, including materials, will be decided upon at the P.U.D. Plan stage. WELD COUNTY ROAD 26 On July 27, 1987, the Board of County Commissioners decided to consider the vacation and realignment of Weld County Road 26 as a part of the Change of Zone district application process. Therefore, if the roadway system as proposed by the applicant is accepted, then the Board of County Commissioners would consider the vacation of Weld County Road 26 as a legislative matter. If the roadway system is not accepted, the applicant would be expected to present an acceptable alternative. The Department of Planning Services has received specific comments or recommendations from the following entities: - Saint Vrain Valley School District. Staff has received three letters from the school district. Dorothy Hores of the school district was asked to submit a letter to clarify the school district's recommendation. - Union Reservoir Company - Longmont Fire Protection District - Weld County Health Department - Colorado Geological Survey - Panhandle Eastern Pipe Line Company U"(-L:Ut- ,J C.R.S. Investments, Inc. Z-437:87:6 Page 4 - Division of Highways - County Engineer (July 22, 1987) - Great Western Railway Company - Central Colorado Water Conservancy District - Longmont Soil Conservation District - Weld County Sheriff's Department - Oligarchy Irrigation and Ditch Company - Division of Water Resources - Louis Rademacher - Petition to vacate Weld County Road 26 - County Engineer (July 21, 1987) A copy of each letter is included with this summary sheet. The staff has not received responses from the following entities: - Colorado Department of Health - Longmont Planning Department - Macy and Mershon Oil, Incorporated - Emergency Management The Department of Planning Services has received a letter objecting to the vacation of Weld County Road 26, four letters supporting the Change of Zone, and eighteen questionnaire type letters. Twelve letters supported the rezoning and six did not. A sample letter is included in the packet. 871:f!3-7 n 36 c n - - � : sue,+• >a; pa• / p• t 34 ° n _ I� XXX eII S i t .1 . .r ° yis .p• • t • a • :t 32 • • \, 0 ,,,...1 _ 4127 Q T3N. t• °9t . ..�-•_ I pp �• tl1� r '�_• •• al 30 . .�,�, .,,, t —. � •so. ;AL �. ,� q.•i.• .�. L�• r-,,,i i1IIM{J;QEVILLE• 70• •N7 a p° e�w / 28 • •av t a. • z3 p zs 'o..a(J aPC4`' � .Sv1�, 1 � • f I.. 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'_ itli 1 R w• ip __ i4 ala Pfd�� 4 F �a y, °t _ - _ ,�h U.",..:'W • } M x 1'f �- S-.��.,. - 'Saki L \! . PLt, t \ m ' ' "w -r d r • ,+ ^ l dtq7fr 424 _ R� ,• r •41� i- P.r A e.w r . 't r I k= • !� .tlM. ♦ 4 t , 5 . Sit F • CAS i ^ ' } .4)-3-1'4, e a ' T • . { 4,. A r�-,t,. �• 1 t r4,;&..•-` � y ?•"4.4,i,,41;41,144.4„,,,.. r • t`" gg �v { -3'..' w. .m 4'w n t at %z, 5y —...c • S \ K , ,}+hh,,-,`F. . 4t ryrz { ' -c • •t� r 'YLP xy icN P { . c t A ; }a4� P ,Mw x m �yA t b r'� @ ra ' 4': „9' T�• sa .yt+v "J roFs< U"' t "S 44.06.43'4,..)-‘4.4',44MM � " �; \ A "i.'k)�Lxr fi P f �% ex `. 4.331-1?/4`..S , i. {';43.„.',`!",,, K x } J ,�.r� •�4 ',."> t•,s.t4. ? C \ to WTI FIELD CHECK FILING NUMBER: Z-437:87:6 DATE OF INSPECTION: July 20, 1987 NAME: CRS Investments, Incorporated REQUEST: A Change of Zone from A (Agricultural) to P.U.D. , (R-1, R-2, and oil and gas production) . LEGAL DESCRIPTION: The Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Colorado Highway 119 on Weld County Road 3 1/2. LAND USE: N Weld County Road 26, agricultural production (crops) E Agricultural production (crops) S Agricultural production (crops) W Agricultural production (crops) ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the property is from Weld County Road's 3 1/2 and 26. Weld County Road 26 runs parallel to an along the northern property line. Weld County Road 26 is a gravel road and is projected as a future county arterial (100 foot right-of-way) , Weld County Road 3 1/2 divides the property. Weld County Road 3 1/2 is a gravel road and is projected as a future county arterial (100 foot right-of-way) . Weld County Road 3 1/2 provides access to Colorado Highway 119. Colorado Highway 119 is a 4 lane principal arterial with a 150 foot right-of-way. Deceleration lanes for right and left hand turns on to Weld County Road 3 1/2 are not present. Acceleration lanes for right and left hand turns on to Colorado Highway 119 are not present. The Oligarchy Ditch runs from west to east across the property. (Please see Bay Shores Sketch Plan Vicinity Map for location.) There also are irrigation ditch laterals on the property. A railroad line runs diagonally across the property. The railroad line intersects Weld County Road 3 1/2 and Weld County Road 26. The railroad line is located within an 80 foot right—of—way. Please see the Bay Shores P.U.D. Sketch Plan map for location. 871231 CRS Investment, Incorporated Z-437:87:6 Page 2 A gas well, meter house, heater treater, and tank battery are located east of Weld County Road 3 1/2 and south of Weld County Road 26. The tank battery is approximately twelve feet in height (standard size) . There are two residences and sets of improvements located on the property. Except for the NW} of the NW} of Section 5, T2N, R68W, which slopes toward Union Reservoir, the balance of the site slopes to the south. The property is presently used for agricultural production (crops and pasture) . By:`%1 94-C _ , Rod Allison Principal Planner 87123, REFERRAL LIST APPLICANT: CRS Investments, Incorporated CASE NUMBER: Z-437:87:6 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: May 27, 1987 NO SR NR NO 'SR f" NR X X County Attorney X _ X Longmont Soil Conservation District X X Weld County Health Dept. 9595 Nelson Road X Box D X Engineering Department Longmont, CO 80501 KX Great Western Railroad X 1 X Oligarchy Ditch Company c/o Peter Ascher ( c/o Dan Grant P.O. Box 537 f P.O. Box 1826 Loveland, CO 80539 Longmont, CO 80501 XX Union Reservoir Company X X St. Vrain School District c/o Donna L. Coble f RE-11 P.U. Box 449 E Greeley, CO 80632 395 Mo. Dorothy Parks i 395 South Pratt Parkway Longmont, CO 80501 A I X State Engineer Division of Water Resources M1 Y X Weld County Sheriff's 1313 Sherman St., Room 818 Department Denver, CO 80203 c/o Rick Dill V X Longmont Fire Protection i%1 X State Highway Department District 1420 2nd Street 9119 County Line Road Greeley, CO 80631 Longmont, CO 80501 XX Colorado Department of Health AC X Office of Emergency Water Quality Control Division Management 4210 East 11th Avenue Denver, CO 80220 X Panhandle Eastern Pipeline V XI c/o Mr. Neff / X Longmont Planning Department I 635 North 7th Avenue c/o Martha Bromschwig Brighton, CO 80601 Acting Planning Director ` ' t { Civic Center Complex, X X Central Colorado Water 515 Kimbark j Conservancy District Longmont, CO 80501 t Mr. Chech, Director f F Building 5, Suite X X Macy & Mershon Oil, Inc. Greeley, CO 80631 Attn: Mr. McKinley 1600 Broadway, Suite 2150 X Louis Rademacher Denver, CO 80202 X I 13184 Weld County Road 13 1f -Longmont, CO 80501 1/ X Colorado Geological Survey 1 I c/o Mr. Ludwig 1313 Sherman Street, Room 715 Denver, CO 80203 i NO=No Objection SR=Specific Recommendations NR=No Response i y DEPAR'i ...ENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 ___ �. 4 r915 10th STREET r GREELEY,COLORADO 80631 . COLORADO May 29, 1987 CRS Investments, Inc. c/o Mr. Kim Collins 1333 West 120th Avenue — Suite 308 Denver, CO 80234 Re: Bay Shores Planned Unit Development Sketch Plan application located in the Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Collins: The Department of Planning Services' staff has reviewed the bay Shores PUD Sketch Plan application providing a maximum of 980 R-1 (low density residential) and R-2 (duplex residential) uses. Attached to the Planning staff's recommendation are the comments of a number of referral agencies which have reviewed this request. The referral agencies and Planning staff have tried to identify and discuss concerns related to the application. Sketch Plan comments and agency responses are not intended to be all inclusive. Other concerns may arise during the PUD Change of Zone and Final Plan application process. Copies of the following agencies comments have been attached to this letter: 1. Weld County Engineer 2. Macy Mershon, Inc. 3. City of Longmont 4. Division of Water Resources 5. St. Vrain Valley School District 6. Weld County Sheriff's Department 7. Division of Highway 8. Longmont Soil Conservation District 9. Weld County Health Department 10. Union Reservoir Company 11. Longmont Fire Protection District 12. Left Hand Water Supply Company 13. St. Vrain Sanitation District 14. Great Western Railroad Company CRS Investments May 29, 1987 Page 2 The following agencies have not yet returned written comments to this department: 1. Boulder County Planning Department 2. Water Sports West 3. Colorado Department of Health, Water Quality Control Division The subject property contains a number of existing uses that may alter the residential development potential as proposed. A number of these uses may require protection or treatment from the residential uses proposed in order to assure compatibility and compliance with the I-25 Mixed-Use Development area and Activities Center Goals and Policies, and the Planned Unit Development Goals and Policies in the Weld County Comprehensive Plan. ROADWAY SYSTEM The PUD district application should meet the requirements of Section 28.7.7 of the Weld County Zoning Ordinance. State Highway 119, and Weld County Roads 3-1/2, and 26 which provide access to the property are not adequate in width and structural capacity to meet the traffic requirements of the use of the proposed PUD district. - All roads within the proposed PUD should be privately maintained except for Weld County Roads 3-1/2 and 26. The PUD district plat should contain a note indicating that local roads will be privately maintained. - All private roads within the proposed PUD should have a minimum 60 foot right-of-way and meet the minimum standards set forth in the current edition of the Uniform Fire Code. Please clarify if on-street parking is permitted. The PUD district plat should show these minimum standards. - Weld county Roads 3-1/2 and 26 are proposed arterial county roads. An arterial county road requires a 100 foot right-of-way. The right-of-way should be shown on the PUD district plat. - The PUD Sketch Plan map shows nine points of access to Weld County Road 3-1/2. The PUD roadway system should be redesigned to show one point of ingress and egress to Weld County Road 3-1/2 from parcels B, C, and D. This would allow a total of three accesses to Weld County Road 3-1/2, plus an access for the proposed school site. The PUD Sketch Plan map shows eight points of access to Weld County Road 26. The PUD roadway system should be redesigned to show one point of ingress and egress to Weld County Road 26 from Parcel D, and two points of ingress and egress to the proposed Weld County Road 26. This would allow a total of three accesses plus an access for the school site. 6 7 s; so.y`°$ CRS Investments May 29, 1987 Page 3 Weld County Road 3-1/2 is a proposed arterial roads which physically separates residential lots from the proposed school site. A separate overpass walkway for students across Weld County Road 3-1/2 should be designed so that all proposed lots have access to the school site. The walkway design should be approved by representatives of the St. Vrain School District and the Weld County Engineering Department. The walkway location should be shown on the PUD district plat. The Planned Unit Development Sketch Plan map shows lots abutting Weld County Roads 3-1/2 and 26. Where a residential PUD subdivision borders -an arterial county road, a landscape buffer area of not less than twenty feet from the end of the right-of-way should be designed to meet the maximum permissible noise level for residential uses according to state law. The landscape buffer area should be shown on the PUD district plat. The PUD Sketch Plan map shows that the south half of Weld County Road 26 is proposed to be vacated. The County does not normally maintain half streets. As a minimum, the subdivider should obtain an agreement from the abutting landowners. The agreement should establish a 30 foot private access road easement for all abutting landowners. The agreement should also guarantee any necessary construction improvements and perpetual maintenance of the private road access easement. The agreement and vacation should be executed prior to change of zone approval. The agreement should have an effective expiration date for vacating the road and opening up the realigned road. The agreement should be reached prior to recording the PUD distict plat. - Parcel A contains a dead-end street. The dead-end street design should not be part of the private roadway system. An alternative design, such as a cul-de-sac street should be used. RAILROAD RIGHT-OF-WAY - The PUD Sketch Plan map shows lots abutting the Great Western Railroad right-of-way. Where a residential PUD subdivision borders a railroad right-of-way, a landscape buffer area of not less than twenty feet from the end of the right-of-way should be designed to reduce noise pollution. The landscape buffer area should be designed to meet the maximum permissible noise level for residential uses according to state law. The buffer should shield the source of noise from view and serve as a protective barrier insofar as blocking physical passage. A 9 foot Ieuce with 3 strand barbed wire top should be erected along both sides of the railroad right-of-way across the subject property. The buffer area and fence should be shown on the PUD district plat. 67121 al CRS Investments May 29, 1987 Page 4 The intersection of Weld County Roads 3-1/2 and 26 with the railroad right-of-way should be controlled in accordance with the recommendation of the Public Utilities Commission. The recommendation of the Public Utilities Commission should be obtained prior to recording the Planned Unit Development District plat. The Planned Unit Development District plat should be amended to incorporate the recommendation of the Public Utilities Commission. The Great Western Railroad trackage physically separates residential lots from the proposed school site. A walkway for students across the railroad track allowing access to the school site should be designed for parcels B and C. The Public Utilities Commission and St. Vrain School District should approve the walkway. The PUD district plat map should be amended to incorporate the walkways. OLIGARCHY DITCH - The Oligarchy Ditch should be relocated within a landscape buffer area along the southern boundary and eastern boundary of the proposed PUD. - A right-of-way for the Oligarchy Ditch should be legally established and shown on the PUD district plat. The right-of-way should accommodate ditch maintenance and provide for access to ditch headgates. The ditch should be incorporated within the PUD change of zone district application in such a manner that its function is not impaired. The ditch should be protected from encroachment by residential lots and fenced in a manner acceptable to the ditch company. MINERAL RIGHTS All existing and potential oil and gas sites and production facility sites should be identified and located on the PUD district plat. The minimum setback from any dwelling or human activity should be three hundred feet. The open space for use by residents in the proposed PUD should be physically separated from the open space allocated for the purpose of drilling for oil and gas. All open space should be shown on the PUD district plat map. - A specific route for all vehicles associated with oil and gas production and service should be determined and identified on the PUD District Plat Map. OPEN SPACE - Open space for the residents of the Planned Unit Development should be provided. A formula for calculating minimum open space standards is in the Weld County Subdivision Regulations. The ten acre school site will be deeded to the St. Vrain Valley School District for its use and should not be included in the provision of open space for residents of the Planned Unit Development. CRS Investments May 29, 1987 Page 5 LANDSCAPING - A six foot wooden fence around the perimeter of the proposed PUD is not necessary given the requirement of a landscape buffer yard along Weld County Roads 26 and 3-1/2, the railroad right-of-way, and the relocation of the Oligarchy Ditch. A landscape buffer yard should be planned for the southern and eastern boundary lines of the proposed PUD. The buffer yard should physically separate the residential lots from the Oligarchy Ditch. It will also physically separate the proposed PUD from existing surrounding agricultural uses and from other uses which may develop in the neighborhood in the future. SIDEWALKS - Sidewalks should be provided on both sides of the private local streets, Weld County Road 3-1/2, and Weld County Road 26. The sidewalks should provide access to the residential public open space and the school site. The sidewalks should meet the minimum standards in the Weld County Subdivision Regulations and be shown on the PUD district plat. GAS LINE EASEMENT - Arrangements should be made to relocate the existing four inch gas line easement within the utility easements which will be created at the PUD plan application stage. A signed agreement between Panhandle Eastern Pipeline Company and the developer indicating that the gas line will be relocated within approved utility easements for the subdivision should be submitted with the PUD district application. LAW ENFORCEMENT - A letter from the sheriff indicates that an alternative to conventional revenues to cover law enforcement costs should be proposed. The alternative should be identified in the PUD district application and a note placed on the PUD district plat. WATER The PUD district application should include information requested by Mr. Hal Simpson of the Division of Water Resources about the water supply source (Long's Peak Water Association) . The specific rules charges, and regulations of the Association should be submitted a part of the PUD district application. A general description of the improvements that the association will require to serve the PUD should be included. CRS Investments May 29, 1987 Page 6 UNION RESERVOIR — The PUD District application should address items 2 through 8 in a letter signed by Ms. Donna L. Coble on May 27, 1987, from the Union Reservoir Company. QUIET TITLE ACTION - A complete copy of the pleadings of any Quiet Title Action filed by CRS Investments involving the subject property should be submitted with the PUD district application. ST. VRAIN VALLEY SCHOOL DISTRICT — The PUD district application should address the subdivider's role regarding the location of a junior and senior high school in the future as explained in a letter dated May 28, 1987, from Ms. Dorothy Bores of the St. Vrain Valley School District. Section 28.5 through 28.8 of the Weld County Zoning Ordinance outlines the PUD district procedure. Please telephone or write if you have any questions about the PUD district procedure. Sincerely, Rod Allison Principal Planner RA:rg pc Nelson Engineers c/o Jeff LeDoux, C.E. 520 Greeley National Bank Plaza Greeley, CO 80631 enclosures 871 .2,3 in St. Vrain Valley School District Keith Blue, Superintendent of Schools V 395 S. Pratt Parkway Longmont, Colorado 80501 July 16, 1987 Mr. Brian J. Bingle Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Bingle: We are pleased with the responsiveness of the developer in reconfiguring the 10 acre school site in order to improve traffic access to the site from interior streets rather than from four land arterial streets. The location, configuration, and size of the school site meet the requirements of the district. The student impact is expected to be somewhat less for the revised 906 units, reduced from the 980 units previously proposed. According the the school district formula the following is the impact of 906 units: # STUDENTS STUDENT OVER CAPACITY ENROLLMENT + PROJECTED = IMPACT CAPACITY ELEMENTARY: Mead 408 426 + 308 = 734 Yes JUNIOR HIGH: Mead 343 198 + 148 = 346 Yes HIGH SCHOOL: 1169 975 + 136 = 1111 No Skyline We have attached a copy of our recent communication with Mr. Collins indicating our needs in managing traffic on Weld County Road 3 1/2 for students who must cross that four lane road to get to school. Sincerely, Dorothy Hores, Director Planning, Evaluation and Communication ti DH/ss ipI ITi ' 1 t r\ f�5v ? I 1 198 „rsEis'iut 87579 6"71 1S St. Vrain Valley School District Keith Blue, Superintendent of Schools X, 395 S. Pratt Parkway Longmont, Colorado 80501 June 23, 1987 Mr. Rim Collins 1333 West 120th Avenue, Suite 308 Denver, CO 80234 Dear Mr. Collins: Following our meeting and site visit last week I have evaluated the following issues regarding the elementary school site within the Bay Shores P.U.D. Since I met with you I have visited the site again with Jim Berger, Supervisor of Operations and Maintenance. Following the site visit Jim Berger and I met with Roger Driver, Assistant Superintendent of Business Services. 1. Location of the School Site Site A: Preferred Our first choice for location is the site identified on the sketch plan with the following change: we would need to have access to an internal street. When I responded to the referral I was not aware that Weld County Road 26 and Weld County Road 3 1/2 were both to become four lane arterials sometime in the future. We request that the lots be eliminated along either of the inside streets so that we can use a circular bus entrance and exit. We would plan to fence the school site along Weld County Road 26 and Weld County Road 3 1/2. We realize this will result in some change in the configuration of the school site and adjacent lots. We would also restate our request for left turn access onto Weld County Road 3 1/2. • Site B: Alternative Our second choice for a school site would be in the location designated as Open Space which is located southeast of the Proposed Realignment of of Weld County Road 26. If it is possible to expand that site to approximately 10 acres we believe that this location would provide a viable alternative. If the alternative site were chosen we would recommend an elevated walking path across the railroad tracks for students living in Parcel B. 87123 1' T 2. Walk-In Access to the School Site Wherever the school site is located in Bay Shores it will be necessary for approximately one—half of the students (165) to cross Weld County Road 3 1/2—a proposed four lane arterial. We repeat our request for a walking overpass across Weld County Road 3 1/2 to make the school accessible to both sides of the development. Based our discussions we would be satisfied with an automatic railroad crossing with arms across Weld County Road 3 1/2. After consultation with other administrators in our district we would like to restate our request for a 10 acre elementary site located within the Bay Shores P.U.D. and ask the county to hold the remainder of the dedication requirement in cash. Sincerely, 4446-(g/ow, Dorothy Hores, Director Planning, Evaluation and Communication DH/ss cc: Rod Allison 87579 RECEIVED JUL 1 3 4'.7 Keith Blue, Superintendent of Schools ;,M�/�/„y� St. Vrain Valley School District July 13, 1987 U 395 S. Pratt Parkway Longmont, Colorado 80501 Mr. Kim Collins 1333 West 120th Avenue Suite 308 Denver, Colorado 80234 Dear Kim: Thank you for taking the time to meet with Jim Berger and me on Tuesday, July 7, 1987. As a follow-up to that meeting, the following points represent the school district's position as it relates to the Bay Shores P.U.D. 1. Acquisition of school sites and/or cash-in-lieu are based on St. Vrain Valley School District's projected student yield from the proposed development. Pupil yield ratios for single family development are: Elementary - .340 Junior High - .164 Senior High - .165 Based on 980 single family units proposed in the Bay Shores P.U.D., the school district projects 333 elementary students (K-6) and 307 secondary students. The district's long-range plans for the western portion of Weld County anticipate the need for a secondary site centrally located to serve three to four elementary schools. Therefore, we are making the following request: (a) a net ten acre elementary site within Bay Shores P.U.D. , and (b) the remainder of the Weld County dedication requirement, as determined by them, be cash-in-lieu to be held in an escrow account by Weld County to be used for future secondary school site development. 2. Previous discussions indicated the school district's need for an overhead crosswalk for students to traverse County Road 3 1/2. After much discussion related to this need, we have determined that a traffic control signal would serve our needs best. As you know, traffic control devices are determined by warrant studies based on actual traffic control volume. Therefore, it is difficult at this time to determine our exact need. The price, depending on the warrant study, ranges upward to $30,000. Therefore, we would request this $30,000 amount be made in direct payment to the district or that it be placed in a guaranteed escrow account with Weld County in the school district's name for future use as the need determines. If you have any questions, please give me a call. Respectfully, "<eirerek Roger L. Driver Assistant Superintendent for Business Services RLD/clt !a cc: Dorothy Floresl ' ' Jim Berger Union Reservoir Company P .O . Box 449 Greeley, Colorado 80632 July 23 , 1987 D f E-Oc V Mr. Rod Allison Department of Planning Services r I � / � Weld County 915 10th Street JUL 231987 Greeley, Colorado 80631 C.7 Dear Mr.. Allison : Weld Cu. Plal�nirl i uounissi01 CRS Investments and Union Reservoir Company met on July 16 , 1987 to discuss the concerns of Union Reservoir Company with regard to the proposed subdivision to the southeast of the reservoir. No definite agreements were made at the meeting and Union Reservoir Company must therefore vigorously oppose the proposed rezoning, particularly on the grounds of compatibility. At the very least , if the County should decide to approve the proposed rezoning , it should be approved on certain conditions such as a requirement that Union Reservoir review the specific language and requirements before Union Reservoir will agree that its concerns and requirements have been met. Union Reservoir 's concerns are as follows : 1 . CRS Investments has filed a quiet title action against Union Reservoir Company apparently involving land encompassing the Oligarchy Ditch , the Great Western Railway and the area generally in the subdivision plat. A question arises as to the consistency between the agreements with the Railway and Ditch company and the relief sought by the quiet title . Since it was agreed that no matters involving the quiet title case would be discussed at the meeting between CRS Investments and Union Reservoir, this item was not discussed. CRS Investments advised Union Reservoir that information on the quiet title action had been given to the Planning Department , and that Union Reservoir should check with it regarding the same . Union Reservoir was advised by the Planning Department that all information had been turned over to the County Attorney. Union Reservoir was advised by the County Attorney that no action is being planned. 2 . It would appear that the fifty-foot strip above the high water line is being excepted out of the proposed subdivision. Since this was a matter included in the quiet title , CRS Investments would not discuss it with Union Reservoir Company. Union Reservoir requests that the Planning Department verify Mr. Allison -2- July 23 , 1987 this and the fact that the area is not included in any density ratios for the subdivision . 3 . CRS Investments advised Union Reservoir that lack of liability insurance on the part of Union Reservoir was not it ' s concern. However, CRS Investments would agree to a disclaimer becoming a part of the deeds on the lots near the reservoir. Union Reservoir would request that the disclaimer include language as generally set out in CRS ' application be approved by Union Reservoir , and be placed on the subdivision plat or on all deeds in the subdivision. CRS Investments indicated it would consider Union Reservoir' s request . Storage of lawnmower gas would be excepted from the disclaimer. Union Reservoir, in light of CRS Investments ' disavowance of any liability, must raise a concern of compatibility of the proposed subdivision with the existing reservoir. 4 . The relocation of the county road will not be a problem for Union Reservoir , however it may desire to build or maintain a roadway along the shoreline of the reservoir for access to the shoreline for repairs and maintenance of the reservoir. Any perimeter fencing of the subdivision would have to permit ingress and egress to this roadway and the fifty-foot strip above the high water line . 5 . Union Reservoir must insist on historic amounts , timing and quality of run-off from the lands in the proposed subdivision. Although CRS Investments has stated that this can be accomplished , Union Reservoir must request that this be proven by a drainage study. Union Reservoir understands that a drainage study is not required until a later stage in the PUD process , but requests that the subdivision plat not be approved in final form until Union Reservoir approves of the drainage plan , which approval will not be unreasonably withheld. 6 . CRS Investments has also stated that water quality will not be affected by the subdivision , and that water quality can be maintained even through construction periods when there would be additional silt in the water coming off of the sub- division lands . Water quality standards must be enforced. 7 . The fencing proposed for the houses along the reservoir is to consist of fences between the houses , running generally parallel with the street . Union Reservoir anticipates that this would be sufficient to deter access to the reservoir from the subdivision. CRS Investments indicated that there would be no fences along the back of the lots next to the reservoir. Union Reservoir presently has a fence along the perimeter of the Mr. Allison -3- July 23 , 1987 reservoir in this area and intends to maintain such fence . 8 . Union Reservoir was advised by CRS Investments that it has never stated that lots would be sold with the under- standing that lot owners would have access onto the reservoir. This is another matter included in the quiet title action and therefore not fully discussed at the meeting between CRS Investments and Union Reservoir. Union Reservoir considers that it has exclusive land ownership as well as exclusive recreation right ownership of the reservoir and the reservoir is currently leased exclusively to Water Sports West. Any access would have to be through such lessee. 9 . Union Reservoir Company urges the County to carefully consider whether the proposed subdivision is compatible with the existing reservoir , as well as any enlargement of that reservoir. Some of the reasons for such incompatibility are discussed above. Union Reservoir Company would therefore request that the application be denied until these concerns are resolved. Yours very truly , Donna L. Coble Secretary 711, DEPAF, RENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET aoinq GREELEY, COLORADO 80631 4 JUL 1987 LOTS .�r�„ -J - F�tow2cr FIRE N NW0NT LAG Ca • CASE NUMBER Z-437:87:6 COLORADO July 8, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from CRS Investments, Incorporated for a Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production) . The parcel of land is described as Ni of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of State Highway 119; west of Weld County Road 5 right-of-way. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 22, 1987, so that we may give full consideration to your recommendation. Please call Rod Allison if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. E a r CL Y ' ' I C 2. We do not have a Comprehensive Plan, but we feel this request • r— (is/is not) compatible with the interests of our town for the following reasons: ' o A c 0: -- l?j 3. XXX We have reviewed the proposal and find no conflicts with our interests. as regards zone change. We require a complete set of all clans for review in reference to providing fire safety requirements. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. y� Please refer to the enclosed letter. Signed: iael. 4?6 y7 ' Agency: Longmont Fire Protection District Wm. K. Emerson — Fire Marshal 15 July 1987 44{!,rMEM0RA11DUM Wine Weld County Planning Date July 13, 1987 To COLORADO From Health Protection Services 20hz -Case Number: Z-437:87:6 Name: CRS Investm nts, Inc. Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Sewage disposal is required to be by a municipal sewage system. 11 � ' JUL 1 ?9D7 1Ll 1YRId Co. Phmmnp cammissint OF (, 14(1 U1JP . rs lS 1_� . I• {> *t,es2 To\ Cr) WE-87-JOHN 0003 RICHARD D-LAMM �\� v �' * JOHN W. ROLD GOVERNOR f 'F/ DIRECTOR 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER.COLORADO 90203 PHONE (303) 866-2611 September 25, 1986 Mr. Keith A. Schwett Dept. of Planning Services 915 10th Street Greeley, CO 80631 Dear Cdr. Schwett: RE: BAS( SHORES PUD, Z - 430:86:5 This site was inspected on September 25, 1985, and based on geology and geologic conditions is suitable for the proposed use. A geologic report, per SB 35, will be required before the next stage is reached. Both soils and general geology should be included. There appears to be an oil and gas producing facility located in the east half of the site. Accommodations for this will need to be made. Also, a { determination of other oil and gas rights and possible drilling need to be determined. The present configuration of Union Reservoir should nave no effect on this project. Ground water levels near the reservoir may change with changes of the reservoir, but as a public sewer system is proposed, it would have no effect on waste water disposal . Possible expansive soils may be present, but normal building techniques for the front range should afford solutions to this problem. It is important to note that there is an increasing awareness among the public that radon , a radioactive gas , occurs in Colorado at levels above the national average and that this gas is hazardous to their health. 0 rii 21986 Weld Co.s P— c lannnlg Cnmmissio Mr. Keith A. Schwett September 25, 1986 Page 2 The sediments that overlie the bedrock, as well as the bedrock at this site, have not actually been tested to determine their radon content, if any. We would advise that this potential problem be addressed. If you have any questions, please call . Sincerely, L. R. Ladwig, Chief Minerals Fuels Section bcr:LRL-87-039 3215/11 • 67.12370 PANHANDLE-EASTERN PIPE LINE COMPANY P.O.BOX 127 • 635 N. 7TH AVENUE BRIGHTON,COLORADO 80601 • (303)659.5922 July 10, 1987 Weld County Dept. of Planning 915 10th Street Greeley, CO. 80631 RE: Case #Z-437:87:6 To Whom it May Concern: Please find enclosed your letter, dated July 8, 1987, requesting our review and recommendations of application for Change of Zone concerning referenced case number. Also enclosed is a copy of a letter agreement between Panhandle Eastern Pipe Line Company and CRS Investments regarding the relocation of our pipeline, that will help explain Panhandle's recommendations in this matter. In regards to the Change of Zone application from CRS Investment, Panhandle Eastern Pipe Line Company has no objections to this rezoning, conditional upon the adherence of all provisions set forth in the attached letter agreement. Very truly yours, Ken J. Neff Right-of-Way Representative kjn/1403R/gw xc: File LIJUL 1 31987 LT /- — Ield Cu. Plaun,ne i;ummisslml ..,r DEPART' OF PLANNING SERVICES t (� PHONE(303)356-4000 EXT. 4400 if & t ,- ;� $ 91510th STREET GREELEY,COLORADO 80631 me CASE NUMBER Z-437:87:6 COLORADO July 8, 1987 TO WHOM -IT MAY CONCERN: Enclosed is an application from CRS Investments, Incorporated for a Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production) . The parcel of land is _described as Ni of Section 5, T2N, R68W of the 6th P.M. , Wild County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of State Highway 119; west of Weld County Road 3 right—of—way. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 22, 1987, so that we may give full consideration to your recommendation. Please call Rod Allison if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 0 E. C- LTLI 2. We do not have a Comprehensive Plan, but we feel this request c r- ',� (is/is not)- compatible- with the interests of our —s town for the following reasons: '..-1 h R2J 3. We have reviewed the proposal and find no conflicts with our l J7 interests. l 4. A formal recommendation is under consideration and will be submitted to you prior to: �t� LV , 5. ^ Please refer to the enclosedtter �� signed Lc v i7 ` f� /'' Agency: /P/ k 76-1.7t PANE' IDLE EASTERN PIPE LLNE CO"''ANY P. O. BOX 127 BRIGHTON, COLORADO 80601 June 17, 1987 Mr. Kim Collins CRS Investments, Inc. 1333 West 120th Ave. , Suite 308 Denver, CO. 80234 RE: Bay Shores P.U.D. - PEPL 16-10-075-477-4" Pipeline - The Northeast Quarter of Section 5, Township 2 North, Range 68 West, Weld County, Colorado. This letter confirms our discussions regarding the relocation of the above . referenced pipeline. The following outlines the provisions discussed regarding this matter: 1 . Panhandle Eastern will place its pipeline adjacent to, but not within County Road rights of way. 2. Due to safety requirements, Panhandle Eastern will not allow our pipeline to be located within a utility corridor. A 15 foot clearance between our facilities and utilities is required. - 3. If Panhandle' s line is placed 10 feet from a flow line of a concrete curb, access upon that interior street and curb is required for the purpose of maintenance and monitoring operations. 4. No building or structure shall be allowed within 25 feet of our pipeline. 5. CRS Investments, or current owner of the property, agrees to execute a Right-of-Way Grant, 50 foot in width, which will protect Panhandle's pipeline from future encroachments. 6.. All costs associated with Panhandle' s line relocation shall be borne by the owner or developer. Panhandle Eastern is under a gas purchase contract with Macey-Mershon, Inc. to transport natural gas from this acreage to the market place. It is dependent upon Macey-Mershon's drilling oppurtunities for future development in the way of drilling wells, which dictate any future ingress and egress of Panhandle pipelines. Final relocation and routing agreement will be prepared and executed at the time of final platting. 871."1' If you are in agreement with the terms of this letter, please acknowledge in the space provided below. Very truly yours, Robert J. Clair/1380R/gw xc: RLVogelgesang CLDevinney ACCEPTED: Date: 02717 Kim Collins • 0^7. 2-1 STATE OF COLORADO DIVISION OF HIGHWAYS a°;:*) P.O. Box 850 Greeley, Colorado 80632-0850(303) 353-1232 July 16, 1987 Weld Co. , Off-Sys. CRS Investments Zone Chan, File: Bay Shore P.U.D. z Mi. N. of SH 119 on bot sides C.R. 3/ Mr. Rod Allison Department of Planning Services DOH File 45100 Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the CRS Investments application for a Change of Zone from Agricultural to P.U.D. The development of the property which is the subject of this zone change request has been reviewed by this office on several previous occasions, most recently in a May 22, 1987, letter (copy enclosed) . Our main concerns relate to the installation of turn lanes and a traffic signal at the State Highway 119/County Road 31/2 intersection. The Bay Shores P.U.D. Rezoning Narrative indicates that the roadway system will be improved according to an off-site road improvement agreement, and improvement of the S.H. 119/0.R. 3% intersection will be based on recommendations of the Bay Shores P.U.D. — Site Access Study. At this time we have not been contacted regarding an off-site road improvement agreement. We would support an agreement which commits this development, and potentially others affecting this intersection, to providing the turn lanes and a traffic signal. This agreement should be concluded prior to final county approval of the P.U.D. Thank you for the opportunity to review this zone change request. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRICT,ENGINEEH 72 _ l// II /, A John I . Crier• District Planning/Environmental Manager JKC:mbc(WJ) Enclosure • ti�} t c�` cc: File: Crier-Jacobson via Chotvacs D 7 I� � ] rri) 1, ',1� �) pin 21 1967 Welu Co, ¶Iai ':i8 i;ummiss:nl' 871.2:eri 2.•,,,...„,,, J ., , . to.is rimun , 04,,,,/,, ,,,,„_..., ii .., , %,... . , i Rod Allison ij Planning Department July 22, 1987 v �` To _ Date qs1' '' ® • Drew L. Scheltinga, County Engineer cw COLORADO From CRS Investments COZ (Bay Shores P.U.D. ) Z-437:87:6 Subject: This proposal has been extensively studied and there has been considerable discussion between the applicant and this office regarding Road impacts. It is my opinion the Road Maintenance and Improvement Agreement submitted will reasonably mitigate the impacts of the proposed development. I would recommend a clarification in the Road maintenance and Improvement Agreement by using the block A through D designation in the paragraphs that described the timing for the different phases of improvements. One further, clarification should be addressed. The petition for the vacation of Weld County 26 indicates Weld County is to accept the maintenance of the internal streets. The application for zone change indicates the internal streets are to be private. The intent should be clarified. DLS/bf xc: Planning Referral File: Bay Shores P.U.D. I „' � ,' � II , �llti JUL oo j9oi �� 'felil CO. -6171 u c'laning Gum, mm ss, , 61 ism- 2 _;..,:.r THE GREAT WESTERN RAILWAY COMPANY TAYLOR AVENUE SHOPS P. O. BOX 537 /W�' �� LOVELAND, COLORADO 80539 a(/ 1�p JOHN P. ASCHER \yi�� PRESIDENT AND CHIEF EXECUTIVE OFFICER !� 111 LI April 28, 1987 FAST FREIGHT Board of County Commissioners Weld County Court House Greeley, CO 80631 Gentlemen: Re: Docket No. 86-78. This will acknowledge receipt of your notice, dated April 20, 1987, scheduling a public hearing at 2:00 P.M. , May 6, 1987. The Great Western Railway offers a possible substantial change in its position i.e. , 1. In the interest of harmony with the Bayshores developers and the community at large, GWRy will withdraw its objection, providing. . . 2. The Board of County Commissioners will, prior to, or concurrently with possible approval of the Bay Shores proposal, direct the Weld County Road and Bridge Department to place and maintain speed bumps and stop signs in advance of both sides at Great Western Railway crossings traversing Weld County raods 3 1/2 and 26, in addition to any other prescribed devices. The Great Western Railway respectfully suggests that in light of the record in this docket, i.e. , extremely high potential liability to both the railway, and the county; position two (2) above, constitutes our best collective protection against inevitable accident litigation. Yours very truly, John P. Ascher JPA:es I( JUL 7O 1y?7T cc: Weld County Attorney Li CRS Investments Steve Boblak Weld Co. Marini* Commission Barbara Japha, Atty. SERVING COLORADO. OREGON. AND CALIFORNIA INDUSTRIAL SITES AVAILABLE IN OUR EXPANDING MARKET AREAS e� TELEPHONE: (303) 667-6O83 c.? C1stl,� CC central colorado water conservancy district 3209 West 25th Street Greeley. Colorado 80601 (303) 330-4540/330-4541 as Denver(303) 825-0474 July 21, 1987 Mr. Rod Allison Weld County Department of Planning Services 915 - 10th Street Greeley, CO 80631 Re: Bay Shores P.U.D. Case Number Z-437:87:6 Dear Mr. Allison: This letter is in response to the requested change of zone for the Bay Shores Planned Unit Development. Central Colorado Water Conservancy District opposes the requested change of zone due to the proximity of the development to Union Reservoir. As you know, Colorado does not have a Water Master Plan. There is no agency which plans for the orderly development of Colorado's water resources. Unfortunately, this means we cannot point to a document which says "preserve the lands adjacent to Union Reservoir for a future enlargement project". In the absence of a Master Plan, agencies such as the Weld County Department of Planning Services must consider water development issues when reviewing an application for a change of zone. We present for your consideration the following facts about Union Reservoir. - Union Reservoir was constructed in 1902. It lies in a natural "bowl" and has no dam. The present capacity of the reservoir is 12,768 acre-feet. - Water stored in Union Reservoir has been released to the St. Vrain and delivered to users on the South Platte River. Union water has been delivered to a variety of ditches including the Union Ditch near La Salle and the Bijou Ditch near Kersey. - Union Reservoir is ideally located to benefit water users on the South Platte River. Ground Water Appropriators of the South Platte, Inc. (G.A.S.P.) has leased large blocks of Union water for the purpose of enhancing the flow of the South Platte River. Central owns a block of Union water and also uses the water for these purposes. Union Reservoir has played a key role in river management and augmentation. 871.2`r, - A recent engineering study indicates that the reservoir can be enlarged to 2.5 times its present capacity for a total cost of less than $800 per acre-foot. This is a real bargain since most water storage projects in Colorado cost between $1,000 and $3,000 per acre-foot. You are probably aware that the City of Longmont has purchased controlling interest in Union Reservoir and has filed for the water rights for the enlargement of the reservoir. Downstream users, however, continue to rely on the minority interest in the company. Further, downstream users may participate with Longmont in enlarging the reservoir due to Union's strategic location with respect to the South Platte River. Urban development along the perimeter of Union Reservoir will destroy any hope of enlarging this reservoir in the future. Opportunities to construct reservoir storage space at a cost of $800 per acre-foot are very rare indeed. We ask Weld County to please consider the future of Colorado water development and preserve the lands adjacent to Union Reservoir for a future enlargement project. Thank you for your consideration. Sincerely, nn Tom Cech Executive Director TVC/sam '11' C'1' )]_._ V )C \'.i in L `' `' 1967 8,,.y1.,,T^rt h'immissifh DEPAR LENT OF PLANNING SERVICES sVr p PHONE(303)356-4000 EXT. 4400 fIt I e 915 10th STREET + GREELEY,COLORADO 80631 Willie CASE NUMBER Z-437:87:6 COLORADO July 8, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from CRS Investments, Incorporated for a Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production) . The parcel of land is described as Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of State Highway 119; west of Weld County Road 5 right—of—way. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 22, 1987, so that we may give full consideration to your recommendation. Please call Rod Allison if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check theappropriate boxes below and return to our address listed above. 1. ✓/ We have reviewed this request and find that the request (does does not"" comply with our Comprehensive Plan for the following reasons. 1�ed<loPwe 1— Shov(A DAky o cccv in Coeck--( y ,rhir 2 We do not have a Comprehensive Plan, but we feel this request -(is/is not) " compatible with- the interests of - our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. )C Please refer to the enclosed letter. Signed: ,),7f 1. + a .J7/<<; Agency: Longmont Soil Conservation District 871237 Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 July 14, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Z-437:87:6 - CRS Investments, Incorporated Bay Shores Zoning Change Gentlemen: As previously expressed, we feel it is somewhat inappropriate to subject adjacent landowners to the nuisances of urban dwellings next to intensively cropped farmland. Neighboring landowners will, no doubt, experience vandalism, thieft, and loss of crops due to trespass, motorcycles, etc. Buffer zones around the PUD might relieve some of this potential source of conflict instead of developing to the edge of the property. The developer has stated a system of detention ponds will be installed so that runoff rates will be kept to historic levels, including flows into Union Reservoir and the Oligarchy Ditch. We feel these detention ponds must be designed to include adequate storage capacity to offset the expected depletion due to sediment accumulations. The developer has stated an Erosion Control Plan will be developed at the final PUD stage. We would like the opportunity to review this plan. Our major concerns regarding erosion control are overlot grading and weed control. Sincerely, l!17-.ACC, (- Luther Stromquist President LS:rah 87 237 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT G HE_LCY Dec; _ �,\ Vj_ ,/ c O. BOY 7S_ • \ . _ . &REE!Ev. C.. ...)Ea: .�- :�° v.. PHONE (3731 3Si.-4DL PHONE :3J3. 3'!.-4JO. E - ED JORDAN (3'" E June 1 , 198: Mr. Kim Collins Trend Development Systems, Inc. 1333 West 120th Avenue Suite 30E Denver, CO. 80234 Dear Mr. Collins: This letter should serve as confirmation of our agreement regarding the Bav Shores development project impact upon the resources of the Weld County Sheriff's Office discussed on June 18, 1987. I have forwarded a copy to Rod Allison of the Planning Department to be added to the Bay Shores file. We agreed that a Law Enforcement Authority was appropriate for your proposed development but that formation of the LEA would not need to be complete until the final plat is filed. I concur that this meets with my approval as long as it is clear that a functioning LEA is a stipulation to final construction. If I may be of any further assistance please call me. Sincerely, -�Vic)- ED JORDAN SHERIFt WELD COUNTY EJ:lch • cc: Rod Allison, Planning Department 4 m1 nu y }.'��'-ITH 1 ti 2, 1 [IUL 7. 0 1987 Weld Ca. Planning Cy, L7 ..tw L it S INVESTMENTS INC. 1333 WEST 120TH AVENUE SUITE 308 DENVER,COLORADO 80234 (303)457-3775 Weld County Planning 915 10th Street Greeley, CO 80631 Attention : Rod Allison Reference: Agreement between Oligarch Ditch Co . and CRS Investments Dear Mr . Allison : Enclosed you will find an executed agreement between Oligarchy Ditch Co . and CRS Investments . Our P . U . D . change of zone submittal package did not have a fully executed copy . I hope this will clear up any misunderstanding that may have been caused and apologize for our oversite . If you need any further information please contact me at 457-3775. Sincerely, r Kim Collins Enclosure c . c . Neil E . Piller Donald H . Alspaugh Leroy Rider Jeff LeDoux Harvey Curtis I! JUL 1. G 1987 L' i.. -mot.__ We,Id Co. Plarnuik „:ummissiun 87122, !iEHORANDUM OF ACREEM:NT The Oligarchy Irrigation Ditch Company, and the Lower Oligarchy Irrigation Ditch Company, and C.R.S. Investments, Inc. , by this document set forth the general terms of an agreement reached in May , 1987 , concerning the Lower Oligarchy Ditch as occurs in Bay Shores P.U.D. , Weld County, Colorado. The basic terms to which the parties will agree are as fo] l_ows: 1 . Upon final platting , the Oligarchy Irrigation and Ditch Company (the "Company") will obtain the liability insurance coverage at the present premium price of $960.00 per year for the $ 500 , 000. 00 basic coverage and a $ 1 , 000, 000.00 umbrella. C. R.S. Investments, Inc. will reimburse the Company for this policy and any iacrease .::in. arnval:--premiums., he,:eafter., The homeowners association to be formed for the Bay Shores P.U.D. would be the successor to that reimbursement responsibility. The Board of the Ditch Company shall have the right to annually review the coverage and if it determines the coverage is inadequate , it shall notify the homeowners association of the increase it desires. If the association objects, the dispute shall be submitted to an arbitrator at the association's sole expense. A subdivision covenant as well as a note on the first page of the final plat will provide that if for some reason the homeowners association ceased to exist or failed to make the payment, then that payment would be a 1 iabi 1 ity of the lot owners on a pro rata basis. For PurPosesoLthj agreement, thecpartie_s-::agree that pro rata) mie-ans=uch lotrin -Lh P:U,D.--shannpay-an,-equa1::share_of the : bil:l=for=.insur ncle. The Oligarchy, in addition, shall be entitled to recover costs and attorney's fees incurred in collecting unpaid amounts from any lot owners who do not voluntarily pay their assessment. 2. The_parties�nderstand_ands—agreehat-understand residel t=i- 37 --ar'oun—d=aif fr igat4or�ditch.::increases -t#te' risk =to he--0-i-igarchy-for�i:iabilit 3Esuiting_€roar�unaut-hor:i-zed usetof=the--ditchtby=residentsc_of=the-subdiv-ision=and=-othec:_peop+le attracted=Yo--the_area.--C:R.g.:,=for-ci e`1f and its-successors--_in< interest specif-i-cai-i the..:,Homeowriers_ s Ciationagxees- o indemnify;-save=and=ho1-d-the.-Oligarchy-harmless =from-anyrcla-imsn -dame ges;==costs-and-liability; including--reasonab.le=at rneyls fees, which__ma y_-be-asserted-agatn-st=anda.incurred.by_.-the_oiigarchy as-a-result=of-any-person-or-persons-being:-injured in .the ditch, •unless-such- injury=Vas=directly=-awed= bynthe=regiigence_of�tha 01 igarchy,-- its- agents-and.: employees_' 3. C.R.S. Investments, Inc. agrees to reimburse the Company's future cost for the engineering review of drawings hereafter prepared by C.R. S. Investments , Inc. for a relocated Oligarchy Ditch. The maximum amount of $ 1 , 000. 00 would be paid by C.R. S. Investments, Inc. for those fees. Payment-=sha-L-1: be. made =within=thirty-days_.after-GR:&— is—not ifiedkofrtherfeeS. 7 1 8 1237 p' 4. Within thirty days after the final Board of County Commissioners hearing on the Bay Shores P.U. D. application for rezoning to occur later this year , C. R.S. shall pay to The Oligarchy the sum ofi, S3 , 5OO. OCf regardless of whether the County Commissioners approve or reject the rezoning . request. -In addition, if the rezoning request-7).s approved, the_.—attorneys for ,C. R. S. and the Oligarchy shall prepare a more formal contract ;incorporating the agreement of the parties. -C.R.S.. agrees to- ,reimburse The Oligarchy for attorney's fees incurred in preparing ‘he final draft of the a._:reement on, beha - f_of the Oligarchy up tp maximum of $1 , 500 . 0r) . 5. The Corrany will continue to be responsible for all maintenance of the ditch. 6. If the Oligarchy Ditch is relocated , C. R. S . Investments, Inc. will arant by quit claim deed, a fee simple interest to the Ditch Company for . a rod ( 16. 5 feet ) in width on each _side of the relocated ditch, Veasured from' the ditch-bank_or each side) ——---•-- --- — - 7. The Oligarchy Ditch across the Bay Shores P.U.D. will be lined at C. R.S.' s expense. The lining will be concrete unless another type of lining is approved in writing by the Company. Ditch relocation and lining will be accomplished in three sections of the ditch at the time development begins in each affected area. Such relocation construction will include protection for the ditch so that water will leave Bay Shores and enter the present Oligarchy Ditch on property to the north of the development at historic velocities to avoid injury to the ditch. The relocation will be accomplished in three sections of the ditch located in different areas of the Bay Shores property: a. The first section will be the ditch running easterly from the south boundary of the Bay Shores P .U. D. property in the northwest quarter of Section 5 to and including the ditch crossing under Weld County Road No. 3-1/2. b. The second section will be the ditch from County Road No. 3- 1/ 2 running easterly to a point 150 feet down ditch of the second headgate of J. C. K. Farms, which headgate is located in the south half of the northeast quarter of Section 5. c. The third section of the ditch to be relocated will be the remainder of the ditch on the Bay Shores P.U.D. property from the second headgate of J.C. K. Farms easterly to the east section line of Section 5. 2 7s r9 ''J -*aii ,the ditch is 1 d in sections , C. R. S . 1 .prersly agrees to \ provide such structures and may be required to transfer the water from the lined to the unlined section of the ditch to avoid any washout or other damage to the old ditch. C. R.S. shall be bound to benin and to accomplish these improvements only upon development of its property in each of the sections. Such relocation will be accomplished in the winter period between October 1st and March 1st of each year, unless work at other times is first approved in writing by the Board :of Directors of the Oligarchy Ditch Company. 3 for some reason the work is not\ t' mpleted by March 1st , C. R.S. Will insure. that eater will be . \', 1ivered to Lower Oligarchy shareholders when called, and C.P.S._ Will to liable for any damages suffered by the Lower Oligarchy A,'ir:reLolders, including crop loss, if water is not available__for `delivery because of the ditch relocation and_ lining work: 8. The Oligarchy Ditch will only accept historic flows of drainage water into the ditch from the Bay Shores P .U .D. 9. C.R.S. Investments, Inc. will employ a licensed engineer to design the relocated and lined ditch and any velocity protection structures. C.R.S. Investments, Inc. will then submit ' the plans to the Company for a review by its engineer of the plans and for approval - of the specifications prior to construction. The expense of this review would be compensated as stated above in paragraph two. 10. In consideration of all of the above withdraw agreements, the Oligarchy Irrigation and Ditch Canpany will draw its objections to the Bay Shores P.U.D. rezoning proposal and submit a letter to Weld County stating it has resolved all concerns with the rezoning proposal and that it has no objection to approval by the County. C.R.S . INVESTMENTS f By: —7-<-(1-e--C-__ 3 )cif? Kim Collins , Vice President Date/ OLIGARCHY IRRIGATION AND DITCH COMPANY By: 4 <� � : ! ajA r� �d, /7097O Date 3 8'7123'7 ROY ROMER � JERIS A.DANIELSON Governor State Engineer */87G r. OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 _\ (303) 866-3581 '1� -- ��,1 rn !I , .III July 20, 1987 JJL ? ;� 19:7 L' & Weld Co. Plump Cnmmissim Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Bay Shores PUD Rezoning N1/2, Sec. 5, T2N, R68W Dear Mr. Allison: This is to acknowledge receipt of rezoning material for the above referenced project. We previously commented on May 28, 1987 concerning this project. Total development would include a maximum of 906 single-family dwelling units. The project proponents now indicate that the Longs Peak Water Association will be the water supplier. Information from the Association concerning their requirements to serve the project are included in Exhibit B. Information in our files indicates that the Association probably has sufficient water resources available to serve this development. We do not object to rezoning or sketch plan approval . At the preliminary plat stage, we would ask that the Association provide an update of supply capabilities since this is such a large development. Sincerely, _ - 60. Simpsbn, P.E. Deputy State Engineer HDS/JRH/1165I cc: Alan Berryman, Division Engineer 87121, j )� E DEPAF SENT OF PLANNING SERVICES ,,,,_, is„ ��.r,,,•,,y'��,{ V PHONE(303)356-4000 EXT.4400 1 JUL 1_ 1987, �t 915 10th STREET GREELEY,COLORADO 80631 - 4Yet1�~n. plannjwnmi, n CCD • Weld Co. Planning C&m&ission CASE NUMBER Z-437:87:6 COLORADO July 8, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from CRS Investments, Incorporated for a Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production) . The parcel of land is described as Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of State Highway 119; west of Weld County Road 5 right-of-way. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 22, 1987, so that we may give full consideration to your recommendation. Please call Rod Allison if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. y We have reviewed this request and find that the request (does/dps net) comply with our Comprehensive Plan for the following reasons. :r 25 .P Q. *-uS*cY (_A QQetc241%1,l .0; C.4 .5T 0.2.C.4.4--. cam" ..r ' thx-•. f=).L. cam. -t A .a,r-,.xcP i 2 We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please referto/tyhe enclosed letter. signe ‘ *6Ics140.6 2-cAgency:/ ({4TflMf - 871213.7 FIELD CHECK Filing Number: Z-437:87:6 Date of Inspection: 2-20 -<.? 7 Applicant's Name: CRS Investments, Incorporated Request: Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production) . Legal Description: Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado Location: Approximately 1/2 mile north of State Highway 119; west of Weld County Road 5 right-of-way. Land Use: N , „jz"1 ' E f ' / 1 / ( ( � r W Zoning: N ar , t( l( COMMENTS: ignature ab Member G c ignature of oard er 071237 K R A. V. DWORAK, INC. July 6, 1987 m m y Aar SW WAVItitiii, :I 13 Weld County Dept. of Planning Services ' _"`" y' �cnn 915 - 10th Street . y° i.-4.__,......-__. �U t 31gg7 i `Id 0 Greeley, Colorado 80631 ( Re: Proposed change in land use designation for land owned by C.RcS':, --4".- 2 Partnership in Weld County, Colorado, which land lies east of Union Reservoir, south of WCR 26, and which is bi-sected by WCR 32 0 Gentlemen: a a "' My name is Edmund C. Dworak and my business address is 445 Main Street, Longmont, Colorado 80501 . I am the owner of approximately 223 acres of land n lying north across WCR 26 adjacent to the captioned subject land. Of all N the property owners in the immediate vicinity, I am the most affected by any change in the land use of the property under discussion. Please be advised m as follows: 1 . I support the proposed change in land e designation from agricultural o use to a P.U.D. designation for th ose of residential construction. o The appropriate zoning change to mp h this also meets with my o complete approval . - z 2. I strongly object to a p �pos`�: ;cation and/or abandonment of WCR 26 r- from its present configu / . The developers (C.R.S. ) have kindly o shared with me a proposed possible preliminary site sketch indicating o one configuration in which their land might be placed. This sketch o provides for the vacation of WCR 26 immediately north of their land and o immediately south of my land. Should this roadway, as it now lies, o indeed be abandoned, it would make access to the southwesterly part of my farm extremely awkward for farming purposes, and equally important m to me, it would destroy public access to the south side of my farm from o a long established roadway that apparently meets present county road m standards. In other words, should I ever wish to develop the affected 4, portion of my land, or even sell off another building site under the w recorded exemption process, or perhaps most importantly of all , should I wish to build a home of my own, I would not be able to meet the m public access requirements of the county. Further, many of my farm a, neighbors use this road regularly and frequently in its present co configuration, and if this configuration can remain, it would mitigate the need for these neighbors to drive their pickups, trucks, tractors and other farm equipment through the newly developed residential neighborhood. Regarding separate, but somewhat related matters, please be advised as follows: 1 . I wish to be put on record as being opposed to the open space designation which as I understand it is now shown in the Weld County Comprehensive Plan for the lands lying south of State Highway 66, and east of County Road 1 to Interstate Highway I-25, which area, of course, includes my farm. 871237 237 Page 2 July 6, 1987 Should the county or other entity attempt to zone this property in any manner that would "lock in" this open space designation, I would strongly oppose such an effort. 2. As a matter of record, I would like to advise you that I am in opposition to the City of Longmont's tentative plans for the expansion of Union Reservoir (which reservoir delineates the westerly boundary of my property) . Such expansion, if allowed to occur, would virtually destroy my entire property and render it useless for any purposes including farming. Thank you for taking these remarks into consi ration during your deliberations regarding the C.R.S. property. I would v tch appreciate receiving notices of up-coming hearings that pertain to t e(;.tt set forth above. illy, , _ GO 1. Edmund C. Dworak ED:dp cc: .:—Weld County Commissioners C.R.S. Partnership Craig Lindberg Larry Burkhardt, Mayor, City of Longmont 871231 mo ' nD g VENN • Board of Weld To CO++Dty CnmmlCGiOIIerc Date Tilly 7 COLORADO From Draw L Srheltinga, fnnnty Engineer kl Subject: Petition to varate portions of Weld County Roads 3-1/2 and 26 (Bay Shores Planned Unit Development) I have no objection to the realignment of Weld County 26 and Weld County Road 3-1/2 as part of Bay Shores Planned Unit Development. It is my understanding the Weld County Comprehensive Plan intends the existing county roads, in this designated development area, to be maintained by Weld County while other roads within developments are to be privately owned and maintained. The sketch plans I have seen for Bay Shores P.U.D. would provide access to the Lindberg property through internal streets. Item #3 within the vacation petition indicates vacation of the existing Road 26 would not take place until Weld County has accepted the new access streets for maintenance purposes. It needs to be clarified whether or not Weld County will be accepting right-of-way and maintaining the internal roads of the Bay Shores P.U.D. If the internal streets are to remain private it could be possible to provide access to the Lindberg property through private agreement. The petition indicates access will be provided to the Dworak property by a newly dedicated 100 foot right-of-way for Road 3-1/2. This would provide public right-of-way should the Dworak property be developed in the future. However, how the Dworak property is presently being accessed versus how it would be accessed with the realignment should be clarified. As a part of the P.U.D. process I have no objections to the realignment and vacation as proposed, providing the legal aspects of access are met. DLS/bf xc: Lee Morrison, Assistant County Attorney Rod Allison, Planning Department Kim Collins, CRS Investments, 1333 West 120th Avenue, Suite r r^308, Denver, CO 80234 j, Dy-j; „.• 1.i ryyr� Planning Referral File: Bay Shores P.U.D. r � � `1 k°/ JUL ' , 1987 LI`. V eIN Co. Plauane LaannussIo n....1 �.S(it l$3M1 Y4.SR July 16 , 1987 ,� �' Board of County Commissioners of Weld County P .O . Box 758 Greeley , CO 80003 Dear Commissioners , Planned economic growth is something that I desire as the owner of Roadrunner #283 and as a partner in Econo Lube and Tune and the Super 8 Motel , all at the intersection of I-25 and Hwy . 119 . I am seeking your approval of the Bay Shores P .U .D . plans . This well thought out development will enhance the economical well being of our community and add to the Weld County tax base . Your favorable vote for progress in Southwest Weld County will be appreciated . Sincerel ,� 2 J Ronald L . Hiatt 3979 Hwy 119 Longmont, CO 80501 cc : Kim Collins Bay Shores P .U .D . D -E]r '�25j 1333 W . 120th Ave . r r u .12.10 \V( Suite 11308 � 1 1987 Denver, CO 80234 JUL �- Weld Co. Planning Commission 87 n a I-=' July 16, 1987•Board of County Commissioners lope, Gi �� ; County of wale i° 1g�r. 915 Tenth Street � --.0..,- - -t' '` � Greeley, Colorado 80632 U.r1"t'L' , ty,:_^. Attention: Board of County Commissioners Gentlemen: We hope you will decide in favor of this proposal for rezoning of the north half of section 5, township 2 North, Range 68 west of the 6th P.M. for the purpose of developing a residential community. Your decision could be the answer to the prayers of all property owners surrounding the lake against the City of Longmont's absurd plans for enlarging the reservoir. Our land would be one of the first farms to be inundated if Longmonts plan is carried to fruition. We feel that this proposition would ultimately be of greater value to our County than Longmont's plan for creating an even larger shallow reservoir and decreasing land values in this area. Your decision on this proposition would decisively end further planning by Longmont about the destruction of our community. Finally, we think everyone should be concerned about the difference in the tax base between a housing development and the enlargement of the reservoir. Yours truly, j �;, (Mr.) $ elly Keltner :&u Jewel D. Keltner weld to. i'innn'ne CCmVnission • Board of County Commissioners County of Weld 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U. D . rezoning : [ ) No opinion [ X1 In favor of the P . U . D . Rezoning [ ] Against the P . U . D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir enlargement t '<1 Against reservoir enlargement � r 1 J Q. (D�te j Si nature helly F. and Jewel P. Keltner 0409 Weld County Road 28 Longmont , CO 80501 E712 McDonald's Restaurant 1-25 & Hwy. 119 AO:art Longmont, Colorado 80502 is 303/651-9608 WletiVitAS ;li r � ,-44vi� � ;I_l i•y: i z s i 1 f el r �1 JUL- I. 31987 III il r I . ,L, Beare of Count,/ Commi_•_ioners v.; Wald Cc-umy ]. Lio; 7'.9 . i za.71..,.� =.nr C,entle5m-n: :, .7.n r^-'-5 ry C:"' �' -.L._ in - .h wast .7r-=:.-77,:-::- ''.-:-• :. . 1 , ,��..?t1'" . C i_cl%- '`_"l id Union .:i r 777:::-.:::: ':::—.7..'--j. .= rZ a♦ ,- Y _A v_,._t ...,.c,....a_ quality s.n_'r , _ r._..._ a n\_. p tZ1 _. cr-o . .im r^.`_ prf.:JjP_•_s in cuthwest Wa1 County. -.,ould hope that yoi. will vote in i ayor of the r?- cnind -_c ticn -,-lr,nr', it comes be-f re tnc5 Board :c+ County Ccmmis_ic,nars. •�i ncarr_!_y •-- . : -- r - .-----7-"--. ., Phillip Stccksr Owner/Operator- Mr_L?rnal ds 0 W1)._N•j\I- W 1-25 HWY 119 1_o:,:.tmor t, Co 80501 ► JUL 1 3 1987 Y1e14 to. plana►N, �,arnaiIssral� cc: Kim Collins Bay Sh ar es. P. U. D. 1737 W. 1 thAve. �``� =;' `y D'_znve, . Co 8O274. ee REYNOLDS CATTLE COMPANY P. O. Box 675 Longmont,Colorado 80501 .. Phone (303) 535-4271 7-/:3-- :7 ITEM EDY91•Y Rsnr:WA ti aJ.te/ ,--, a 1 4 Cane,Pr!CAL,CJ-LO-A4 C/-4-V ',2-C 2/ kti 1 2 21957 U !d-Cti.Cd 0-....," 6¢^^ 7/L ,,,_. ; O,REELa Cato. I / 7 1 J G-J cr i 2 tl/ ..i. cC /c /S/v cc/ UI I CC-n-7 w_ / c ll.J� ✓ � ?/ •-1 e--fa �(/,/�. <,(1I —b, „ f (//r' ../4 • /Al}I714 4/7r-es�A ctti e Cc c,{1,„6 l --.-/ cc,(4„,/ 6e_ / I., GAG ‘6,-‘7 rte/�' / '' 7 /,--„, 4. , ./.7 . . _ _ _ , - . �f ,,s:,-gym'��'`� ;1 ' , ) 1 93 ' ' L}I 11,'y JUL yu.I veld CB ph,;gliik hiiianitztui 871217 (1 ') /l reel CPl+ltY C.nVOe TIIrPs f; raiL:2 219877 1# Board of County Commissioners County of Weld FuREes4� oLo, 915 Tenth Street P . O . Box 1948 Greeley , CO 80632 Dear Ladies and Gentlemen : This letter is written to express my opinion as an owner of land near Union Reservoir with regard to the Bay Shores P . U . D . rezoning proposal and with regard to the Union Reservoir enlargement planned by the City of Longmont . My opinions on these issues are as follows : 1 . Bay Shores P . U.D . rezoning : [ ] No opinion [ - ] In favor of the P . U . D . Rezoning [ ] Against the P . U .D . Rezoning 2 . Expansion of Union Reservoir onto adjacent lands planned by the City of Longmont : [ ] No opinion [ ] In favor of reservoir/enlargement 1 enll Against reservoir Bement I^6(J I ✓' !C(/„40...-1'� ----- ..-1,4cvl—G . ?0 n i At.,>77. L. ...2,c.i. _ A i on a�� / Date Signature Leonard W. and Rosemary D . Larson 12236 Weld County Roadl Longmont , CO 80501 oJli�i�a�J(1\j) '-17 � JUL UL196i Weld Co. Planning CnmmISSlnn 8711-2T71 DEPAR NT OF PLANNING SERVICES r ,r_(` \ PHONE(303)356-4000 EXT. 4400 ms Irk U Vf _ 915 10th STREET .' GREELEY,COLORADO 80631 l d; i I.:, r s ♦•vi€ • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 4, 1987, at 1 :30 p.m. to review a request for approval of a Change of Zone from A (Agricultural) to P.U.D. (R-1, R-2, and oil and gas production from CRS Investments, Incorporated. The parcel of land is described as the Ni of Section 5, T2N, R68W of the 6th P.M. , Weld County, Colorado, containing 280 acres, more or less. The property is located approximately 1/2 mile north of State Highway 119; west of Weld County Road 5 right—of-way. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 4, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by July 16, 1987 Received by: 6213 Date: 6 -7 3 SURROUNDING PROPERTY OWNERS Z-437:87:6 CRS Investments, Incorporated Edmund C. Dworak 445 Main Street Longmont, CO 80501 Donald H. and Genevie Hornor 8055 West 88th Arvada, CO 80002 Estate of Raimon K. Newby 12260 Weld County Road 5 Longmont, CO 80501 Donald M. Lesher Trustee for Wilson 3201 East 2nd Avenue Suite 300 Denver, CO 80206 JCK Farm Limited 1239 Third Avenue Longmont, CO 80501 Barbara J. Johnson 1715 Harvard Street Longmont, CO 80501 Mayeda Farms 10702 Weld County Road 1 Longmont, CO 80501 Ramona E. Helton 545 State Highway 119 Longmont, CO 80501 • Lois S. Jones Lois Steverwald 4700 "0" Street Greeley, CO 80631 Union Reservoir P.O. Box 276 LaSalle, CO 80645 C C SURROuAus du MINERAL OWNERS Z-437:87:6 CRS Investments, Incorporated Macy and Mershon Oil, Incorporated 1600 Broadway, Suite 2150 Denver, CO 80202 Barry L. Snyder Silver Hill III 405 Urban Street, #302 Lakewood, CO 80228 Barrett Energy Corporation Attention: Mr. Joe Barrett 1125 17th Street, #2100 Denver, CO 80202 Ted E. Amsbaugh Rural Route 1, Box 72A Bottineau, North Dakota 58318 Robert and Susan J.Pietrzak 1796 East Sopris Creek Road Carbondale, CO 81623 Stephen B. Evans Silver Hill III 405 Urban Street, 1302 Lakewood, CO 80228 Alarado Resources, Limited P.O. Box 646 Monument, CO 80132 Zenith Drilling Corporation Fourth Financial Center, #405 Wichita, Kansas 67202 Macy & Mershon, Inc. 1600 Broadway, Suite 2150 Denver, CO 80202 871°33 BAY SHORES WELD COUNTY, COLORADO PUD CHANGE OF ZONE JULY, 1987 871. 37 CHANGE OF ZONE APPLICATION FOR BAY SHORES P.U.D. JULY, 1987 CRS INVESTMENTS, INC. 1333 WEST 120TH AVENUE, SUITE 308 DENVER, COLORADO 80234 871227 SD (FLAWNED UNIT DEVELOPMENT) REZONING APPLICATION Case u:• Ch'd By:�_— Date Rec'd:915 of Planning Services App. Pee: Receipt 0:_��- Cre 10th Street App. —�� Receipt 0:�— Greeley. Colorado 80631 Record. Fee: — Phone: 356-4000, Ext, 4400 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County rezoning of the following described unincorporated rd of County Commissioners uninco porated area of Weld County,�iColo ng the ado:proposed LEGAL DESCRIPTION: See Exhibit "A" • (If additional space is required, attach an additional sheet) Property Address (if available): nPROPOSED ZONE _Las__ TOTAL ACREAGE 980 + PRESENT ZONE Aari cultural OVERLAY ZONES None _ SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: NKim rollins Home Telephone 0: ,_�— dr: CRS Investment en ,i to 30a=. Bus. Telephone I: i k3l Address: li'+'+ We<t 120th Ayen ue. .�� — V r Colorado 80234 — Home Telephone 0: �__ Name: Bus. Telephone 0: Address: Home Telephone 0: Name: Bus. Telephone 0: ��— Addzess: Applicant or Authorized Agent (if different than above): Home Telephone 0: _�— Name: Bus. Telephone 0: �— Address: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County-Assessor's Office-: Name: Mac E Mershon 011 Inc. a • Address: 00 Broadwa Suite 21 0 Denver Colorado 80202 Name: Address: Name: Address: I hereby depose and state under the penalities'o£ perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD_) e eS �Ny �,,�Q -rev c-- STATE OF COL_ 0�'��) vp V " /"'_ Signature: Owner or Authorized Agent 29th June , 19 R7. subscribed and sworn to before me this day ^f • SEAL: - 4 Le , ]_L921__- OT,RY PUBLIC My Ccaissien e<p;res_ May1 87121, I ( d, Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Bay Shores - N1/2 of Section 5, Township 2 North, Range 68 West, Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate 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. This list was compiled from the re —_rds 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. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. -// / /44re The foregoing instrument was subscribed and sworn to before me this day ?,//Y/2 , 19 /7 WITNES my hand and official seal. My Commission expires: i/hn /�aL ( ' No ry Public 87127 Planned Unit Development Plan NAPLES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Edmund C. Dworak 445 Main Street 62 120732000041 • Longmont, Colorado 80501 Donald H. and 8055 West 88th 62 120732000031 Genevie Hornor Arvada, Colorado 80002 Estate of Raimon 12260 Weld County Road 5 62 120733000003 K. Newby Longmont, Colorado 80501 Donald M. Lesher 3201 East 2nd Avenue 62 131304000004 Trustee for Wilson Suite 300 Denver, Colorado 80206 JCK Farm Ltd. 1239 Third Avenue 62 131304000042 Longmont, Colorado 80501 62 131305000001 Barbara J . Johnson 1715 Harvard Street 62 131305000048 Longmont, Colorado 80501 Mayeda Farms 10702 Weld County Road 1 62 131305000047 Longmont, Colorado 80501 Ramona E. Helton 545 State Highway 119 62 131306000017 Longmont, Colorado 80501 Lois S. Jones (or) 4700 0 Street 62 131306000024 Lois Steverwald Greeley, Colorado 80631 Union Reservoir P. 0. Box 276 62 131306000026 LaSalle, Colorado 80645 62 120731000027 62 10732000029 871237 Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE -Application No. Subject Property Bay Shores - N1/2, Section 5, Township 2 North, Range 68 -West, Weld County, Colorado STATE OF COLORADO ) - 3s. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. ?//fit IL—ce The foregoing instrument was subscribed and sworn to before me this -f f 9.07,4„.day o , 19 WITNESS my hand and official seal. My Commission expires: i 7F PublicatfNota Publicv 871 237 OWNER(S) AND/OR LESSEES OF MINERAL RIGHTS 1 . Macy & Mershon Oil, Inc. 1600 Broadway, Suite 2150 Denver, Colorado 80202 2. -Barry L. Snyder Silver Hill III 1105 Urban Street, No. -302 -Lakewood, Colorado 80228 3. Barrett Energy Corporation 1125 17th Street, No. 2100 Denver, Colorado 80202 Attention: Mr. Joe Barrett 4 . Ted E. Amsbaugh Rural Route 1, Box 72A Bottineau, North Dakota 58318 5. Robert and Susan J. Pietrzak 1796 East Sopris Creek Road Carbondale, Colorado 81623 6. Stephen B. Evans Silver Hill III 405 Urban Street, No. 302 Lakewood, Colorado 80228 7. Alarado Resources, Limited P. O. Box 646 Monument, Colorado 80132 8. Zenith Drilling Corporation Fourth Financial Center, No. 405 Wichita, Kansas 67202 67123 7 BAY SHORES P.U.D. REZONING NARRATIVE The Bay Shores project has been conceived as a residential Planned Unit Development (P.U.D. ) providing a maximum of 906 units in four blocks , encompassing approximately 28D acres. As a T-U.D. project, the proposed housing density is projected at a maximum of 3 dwelling units per acre in the areas designated as R-1, and a maximum of 6 units per acre in areas designated as R-2 (see P.U.D. District Plat) . All residential units are intended to be conventional "stick-built" homes with a maximum height of 30 feet. Individual lot sizes vary upward from a minimum of 6 ,600 square feet in the R-1 area and upward from a minimum of 4,500 square feet per unit in the R-2 area. The site is bisected by north-south County Road 3 1/2. In addition, the Great Western Railroad line Tuns diagonally through the property in a southwest-northeast direction. -There are approximately 28 acres planned for open apace use, representing more than 10% of the developable land area. These open space areas are set aside for landscaping and recreational use. Recreational use of the open spaces will consist of grassed parks with trees. A six foot wooden fence is proposed along the perimeter of the property, except along the Union Reservoir, and along rights-of-way lines. The proposed fence, grassed areas, and parks will be maintained by the homeowners association. A 20 foot building set-back will be required along property and rights-of-way lines . Within this set-back the individual property owner will provide and maintain a buffer area acceptable to the needs and satisfaction of the property owner. The set-back (buffer area) is provided so that compatibility will exist between uses within the P.U.D. Weld County Comprehensive Plan - The Weld County Comprehensive Plan denotes the proposed Bay Shores site as a part of the I-25 _Mixed Use Development area (I-25 M.U.D. ) and Activity Centers. -The Weld County Comprehensive Plan designates the conceptual land use for this site as Medium Density Residential (R-3, 8 dwelling units per acre) and Low Density Residential (R-1 , 3 dwelling units per acre) . The Comprehensive Plan conceptual land use for this site has an average density of 4. 5 units per acre. The proposed Bay Shores development has an average density of 3. 2 units per acre; therefore, consistent with the Weld County Comprehensive Plan. The Comprehensive Plan also states that all residential development within the I-25 M.U.D. and Activity Centers shall use the Planned Unit Development application process, which will allow the developer flexibility and variety. The developer has filed for a P.U.D. to be consistent with the Comprehensive Plan. 87" "T*1 The immediate Bay Shores environs consist of existing agricultural lands, punctuated by recreational facilities and a flood plain area. The recreational facilities are leased and operated by Water Sports West, which provides camping facililties at the waterfront of the Union Reservoir, less than one-quarter of a mile from Bay Shores. Any access onto the reservoir will be subject to the requirements of Water Sports West. The uses allowed within the P.U.D. should have no adverse impact on the surrounding land uses . The Bay Shorts project sits atop a knoll overlooking the Union Reservoir to the northwest, and a striking panorama of the Wont Range of the Rocky Mountains from north to south. l4uch of the area is situated on a predominantly south-facing slope, thus providing solar exposures which are ideal for utilizing passive energy design strategies, while capitalizing on the views Further recreational opportunities can also be found in the floodplain area of St. Vrain Creek, located southeast of the pro- ject. Barks, fishing ponds, wildlife sanctuaries, and even golf course facilities could be provided within the f loodplain area to enhance this undevelopable area and to provide additional amenities for both local and regional use. Public Water and Sewer - Domestic water service will be pro- vided by the Longs Peak Water Association (LPWA) . The property is within its service area. The existing waterlines are not adequate to serve the needs of the project, but the applicant intends to adequate- ly size the lines and other services in accordance with agreements to be negotiated with the companies . The Longs Beak Water Association has indicated a willingness to provide water service. A copy of the willingness letter, suggested line improvements, line extension requirements and the LPWA By Laws are attached. See Exhibit "B" . Sanitary sewer service will be provided by the St. Vrain Sanitation District. The -District has indicated a willingness to Gprve_ the__property which lies within the District' s potential service area. See Exhibit "C" Roadway System - The proposed vehicular system will consist of private local roadways throughout the residential development. The local roadways will be paved to Weld County Standards and will have a 60 foot right-of-way. A portion of Weld County Road 26 is proposed to be vacated and realigned to enhance the surrounding area and provide a safer travel way. Adequate access has been provided to adjacent property owners in the vacation. The vacation application is in the proccess of being filed. The existing county roads , railroad crossing, and State Highway 119 intersection, will be upgraded in accordance with the off-site road improvement agreement with Weld County, State Department of Highways and Public Utilities Commission. Improvements will exceed to the recommendations of the Bay Shores P.U.D. - Site Access Study, by Matthew J. Dellich, P.E. A copy of the access study is on file 8712X7 2 with the Weld County Planning and Engineering Departments, and the Colorado State Department of Highways. The following is a portion of the access study summarizing the conclusion: "As a result of this analysis , the following is concluded: - The development of the Bay Shores TUD as proposed is feasible from a traffic engineeringstandpoint with specific improvements in the area. full development of the Bay Shores PhD as proposed will generate approximately 110 ,40D vehicle trips per day. - Current operation of the SH 119/CR 3 1/2 intersection is at acceptable level of service categories during both peak hours except for left turns from southbound CR 3 1/2. When considering the use of the median on SH 119 in executing this left-turn maneuver, acceptable operation is achievable. Current traffic on CR 3 1/2 and CR 2-6 indicates that the existing gravel roads are acceptable when considering both operations and air quality. - Implementation o₹ the Bay Shores PUD - Phase I (151 D.U. ) can be handled on the road system with some improvements. Auxiliary lanes are needed at the SH 119/CR 3 1/2 intersections. CR 3 1/2 should be paved (2 lane cross section) from the railroad tracks to SH 119 . Separating right and left turns on CR 3 1/2 at SH 119 will confine delays to only the left-turning tra₹fic. The SH 119/CR 3 1/2 intersection operates acceptably with stop sign control when using the median in the analysis procedure- No signal is warranted at the Phase I level of development. CR 26 will not require paving to meet air -quality criteria. - With Phase I and II development of the Bay Shores PUD, CR 3 1/2 should be paved north of the railroad tracks and CR 26 should be paved to the Weld/Boulder County line in order to satisfy air quality criteria. Operation at the SH 119/CR 3 1/2 intersection is acceptable except for left-turn exits from CR 3 1/2. These left turns operate unacceptably even when considering using the median on S-H 119 . -However, signals would not be warranted at this level of development. - With Phase I, II, and aII development of the Bay Shores PUD, signals would likely be warranted at the SH 119/CR 3 1/2 intersection. With this signal, this intersection would operate acceptably. all other area intersections would operate acceptably with stop sign control. No other improvements are required at this level of development. - With Phase I, II, III, and IV development of Bay Shores PUD, all intersections would operate acceptably. The two lane cross section on CR 3 1/2 and CR 26 would provide acceptable operation on -the road segments between intersections . — At full development of Bay Shores TUD and considering other similar developments in the area, CR 3 1/2 should be improved to a four lane highway to accommodate the expected traffic. All inter- sections will operate acceptably. 871237' 3 - The CR 3 1/2/railroad crossing -protection can be phased in accordance with the phasing of the -Bay Shores PIJD based upon exposure factor calculations. The highest level of protection required is red flashing lights with gates in the long range future. This is based upon traffic from Bay Shores PUD and otherassumed development in the area, and scheduled train operations on the subject railroad tracks. The highest protection necessary for the full development of the Bay Shores PUD only is red flashing lights and bells. " The relationship between Phases, Parcels and Blocks can be seen in the off-site road improvement agreement and the Site Access Study. Storm -Water Management Drainage Plan - The storm eater manage- ment plan for Bay Shores Subdivision will consist of a system of detention ponds sized in accordance with Weld County requirements to detain runoff flows in excess of the historic rate. The Bay Shores property is currently divided by a ridge line running from the north central Portion of the property in a southwesterly direction. -Throughout the Bay Shores development existing and future storm runoff will be touted through detention ponds at the historic rate, and discharge into the existing historic drainage pattern. Union -Reservoir - Union Reservoir is a natural panoramic feature which enhances the visual drama of this development. The Union Reservoir Company has made reference to their lack of liability insurance. The developer understands the liability involved in a residential development adjacent to a reservoir. The developer intends to include in the deeds of homeowners near the Union -Reservoir a form of liability waiver, disclaimer or release directed to the reservoir company that addresses drowning, seepage, erosion, dust blowing, and prohibits any storage of gas or oil. The developer also intends to locate a fence between the lots along the shoreline to discourage public access onto the reservoir. Storm runoff will be detained so that only the allowable historic runoff will be released into the reservoir. By using a detention system and settling solids prior to release, water quality is improved. A soil erosion control plan will be developed at the final PUD plan stage to minimize erosion during and after construction. There has been discussion of a project to increase the capacity of the Union Reservoir by raising the water surface elevation. This raising of water surface would affect the Bay Shores development layout and surrounding area. The developer has made numerous attempts to meet with the Union Reservoir Company to discuss the concerns of the Company, but has been rejected in his efforts. See Exhibit "D" . Whether this project is a reality may not be determined for many years in the future; therefore, it should not dictate the land use of the surrounding area. As are other developments surrounding reservoirs, compatibility with the operation of the reservoir can be obtained. 8711;37 4 Oligarchy Ditch — The Oligarchy Ditch -flows easterly along the southern portion of the Bay Shores development. The ditch will be granted a 16 . 5 feet right-of-way from top of bank on each side of ditch. A six foot wooden fence will be located along the ditch right-of-way line. A 20 foot set-back from the ditch right-of way -to any structure is proposed. In addition, irrigation laterals flow from the ditch to an adjacent farm (SICK Farms) . The developer, Ditch Company, and JC-K Farms have been in negotiations to ensure the safety and -performance of Oligarchy Ditch and its laterals. An agreement has been made between the developer and the Ditch Company and between the developer and UCK Farms. A copy of each agreement is attached. See Exhibits "E" and "-F" Oil and Gas - Mineral rights for this property are held by Macy & Mershon Oil, Inc. , of Denver. One operating gas well has been developed on the property and feeds natural gas to the Panhandle Eastern Pipeline Company. The location of the existing well and existing pipelines are shown on the District plat. The oil well appurtenances will be low-profile, termed, earth tone and a six foot security fence will be provided to seperate the well from the open space areas . See attached TUD District Plat. The applicant has discussed the subsurface rights, fence, and the pipeline easements with both Macy & Mershon and Panhandle Eastern and have reached agreements. See Exhibit "G" . It is the intent of the developer to provide a reserved area within the open space dedication in -Block A for a future well site. The applicant has also indicated a desire to relocate the existing pipeline. It is understood that if the pipeline is relocated, it will be at the cost of the applicant. The applicant will provide an easement which allows the pipeline to be located a minimum of 10 feet behind the flowline of the street, and a minimum of 25 feet from any residential structure. Additionally, a similar reservation will be made in Block A, along a future street, to provide an easement for development of a possible well in an open space parcel. Great Western Railroad - As stated earlier, the Great.. Wes-Lein Railroad line runs diagonally through the property in a southwest to northeast direction. The developer and the railroad -have negotiated an agreement concerning safety, improvements, and railroad crossing upgrading. The railroad crossing upgrade will be in conformance with the recommendation of the Public Utilities Commission (see Exhibit "H" ) and the Site Access Study, by Matthew J. Dellich, P.E. A letter from the railroad to the Board of County Commissioners is attached. See Exhibit "I" . School District - As shown on the District Plat, it is the intent of the developer to dedicate 10 acres for a future school site within the proposed Bay Shores TUD. The developer has been in negotiations with the school district to determine the location of the school site and the adequate accesses to the proposed school site -for the students within the Bay Shores area, as indicated in attached letter( See Exhibit "J" ) . A walkway is proposed for the students to cross Weld County Road (WCR) 3 1/2. A signalized 871.21-1 5 intersection will be provided, as recommended by the PUC, for students crossing the Great Western Railroad track. This track is of low volume and the improvement should be more than adequate. A designated cross walk with proper signing is also being provided for students crossing WCR 26. See attached District Plat. Law-Enforcement - The developer has been -in contact with the sheriff 's department to discuss alternatives to conventional revenues to cover _law enforcement costs. A letter from the department is attached. See -Exhibit "1C" . Mineral Deposits - Review of soils -nags and -county maps does not indicate the presence of underlying -mineral deposits except oil and gas on the subject area. Hazard Areas - There are no apparent hazards or restrictions that would conflict with this -application. The site is well above the St. Vrain Creek floodplain hazard area. There are no geological hazards evident on -naps provided by Weld County. The airport over- lay -district does not affect this site. Soils - This application is being accompanied by guideline excerpts from the published "Boils Survey of Weld County, Colorado, Southern Part" developed by the United States Department of Agriculture, Soil Conservation Service (SCS) . The information from that report -indicates that there may be some limitations on development by the soils in the area. The SCS has classified the soils from moderate to severe potential for dwelling and road construction for one or more reasons. The predominate reason is that the soils on at least part of the site are -clayey and have a low strength with high shrink/swell potential. As stated above, the SCS information is a guide. Any actual construction of dwellings or roads must be preceded by extensive soil surveys and tests of the specific material which will result in development of exacting specifications for foundation and roadway designs. The applicant, on the advice of his professional engineer, believes that he can develop a sound, feasible project using these soils . Should detailed testing reveal that such construction is positively infeasible, which is highly unlikely, the project plans would be altered accordingly. Generally, the soils are predicted to be adequate, with proper precautions and designs for residential development since the soil loading for residents will be less than for industrial or commercial construction. The soil conditions in the general area east of Longmont are generally acceptable for residential construc- tion as evidenced by existing dwellings and other structures in the area. 8712r 6 SOIL SURVEY WEID COUNTY , COLORADO United S-tates Department of Agrixulture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station 871 3? 168z 4 :•sr >� v11fFa'FtT QA 60RN 82 ' ,�tr<<a " ", RCS RVO/R � CF 1 -:..'';;?•",;Z:".\1.:': 1 a`^ qt ; . 82 ,.. 1.lEF ,y Ea Yc .i, t�2L'y�a �j a f 4 } -.. �+ . 64 -95 sTr SCo} "y at 454;4545.;3/4914'..",:.:71-97:4;44 :5',.!.;7 82 'p• _ fi1J 82 a r , y s t� x`iv ;»�f .r4.,� Ya�� c f 1 6 Y k f. 'c t <. wt's L T"y : P 8 "h.: 82 17, t a 3 , 33, t :44�i Z ,, fe k, G t. . ` t4j V ,' ,r ` ' yy��yy'� t//tit in K! i'� 4 yy 82 ;fs ;:e 16 7 a t 5 t -.-1`.4."-;715,-... Z iL + Y '475 1..' -;:.:.47`.;=„4:,'141-11.;'"5-;;.. Y } y 1 M I. c .. • ,uA. c 82�`:•..F 1 l r ^ • .c1. �.T !! -82 N•J r f..- 59 . -Re - . 1 SITE ""Will2. ?}I 'F y • o- >, a n •� 65 sq3 79 1 ;'. 41 k�s ft' f } e' GREAT Bx N;ESTEFN,' 1 • WN'Y 'kT __ ,___{ 4 ait` ' 1 7. max, 3,' 5 z 59 ri 4� • b •4: biz 51 T r1 � ty +G � <,t� ., 41v..� `:: rat b -s6�`> I 11 4,,,,.. . t ,: °�'' 79+ ' 83 2,. ..4700.c,, -s :nom s 4 y } •,r � M a t+lq. NO _ r83•- 82 ,!L �)✓ _ wF� rS 16 !ti/ Fzri[ ' t**14:0`-.74:I.;,•'.}�L ... Ls TI 1 ; 1 ! 13 �' y !9 '17'.'71.`i'v -ter"'-'*. fit- ., _Y1T ,.3 p ti .._ 44. 1 t1 4 N Y y 41� -.irk-nit," n� r ~ j �+,F� �r-Y 4 -�,! S«.T.�.... <` 'fie'' 4Ys � D F I. t` 4 y�,J S '•� t Nc r�.'� ♦ , ,iP" - .Y rn t'"' L ,$'.. s try x. i' ""'k`r.. .e FsA ? fi .,y ..." S H In' ..10 4 1 M1 4 I � t .i:ru ,or, • '444-1` m 4.x trp� '4 , ' rah 75 46 r f t : • ��•L T! ?r . 4,t'll' 1 � / f'I c4 ,7 x. rL'Y. x I. -•rs ..�� " trl ?. fr ., 47 s ,�.: { ,•tom 18 -;"7::".:;-' -1.:W>r'irt 4 > ?"(k.945'-'4? s 7 • „8 ter4.. Ttr 1 4 4,, 20 SOIL SURVEY from grass and weeds are the principal hazards in tion ranges from 1,600 pounds per acre in favorable years establishing tree and shrub plantings. Summer fallowing a to 1,000 pounds in unfavorable years. As range condition year in advance in nonirrigated areas and_continued cut- deteriorates, the tall grasses decrease, blue grama and tivation for weed control are needed to insure establish- buffalograss increase, and forage production drops. Un- ment and survival of plantings. Supplemental irrigation desirable weeds and annuals invade the site and erosion may be needed.Trees that are test suited and have good can occur as range condition becomes poorer. survival are Rocks Mountain juniper, eastern redcedar, Management of vegetation-on this soil should be based ponderosa pine, Russian-olive,and hackberry. The shrubs on taking half and leaving half of the total annual produc- best suited are skunkbush sumac, lilac, Siberian peashrub, tion. Seeding is desirable if-the range is in poor condition. and American plum. Western wheatgrass, switchgrass, sand reedgrass, Wildlife is an important secondary use ofthis soiL The -sideoats grama, pubescent wheatgrass, intermediate cropland areas provide favorable habitat for ring-necked wheatgrass,-and tlue grama_are suitable for seeding.The pheasant and mourning dove. Many nongame species ran grass selected should meet the seasonal-requirements of be attracted by establishing areasbbr nesting and-escape livestock. It can be seeded into a firm prepared seedbed. cover. For pheasants, undisturbed testing cover is essen- A grass drill should be used.Seeding early in spring has tial and should be included in plans for habitat develop- proven most successful. ment, especially in areas of intensive agriculture. Windbreaks and environmental plantings are well This soil is poorly suited to _urban and recreational suited to this soil. Flooding and moisture competition development because of the susceptibility to flooding. from grass and weeds are the principal hazards in Capability subclass IIw irrigated. establishing tree and shrub plantings.Summer fallowing a 26—Haverson loam, 1 to 3 percent slopes. This is a year in advance in nonirrigated areas and continued cul- tivation for weed control are needed to insure establish- deep, well drained soil on low terraces and flood plains at ment and survival of plantings. Supplemental irrigation elevations of 4,500 to 4,800 feet. It formed in areas ed may be needed.Trees that are best suited and have good calcareous alluvium. Included in mapping-are small areas of soils that have I survival are Rocky Mountain juniper, eastern redcedar, sandy loam and sandy loam under- ponderosa pine, Russian-olive, and hackberry. The shrubs sma ll material and small areas of soils that have sand and best suited are skunkbush sumac, lilac, Siberian peashrub, gravel within a depth of 40 inches. and American plum. Typically the -surface layer of this Haverson soil is Wildlife is an important secondary use of this soil.The grayish drown loam about 4 inches thick. und erlying derlying cropland areas provide favorable habitat for ring-necked material to a depth of 60 inches is pale brown loam pheasant and mourning dove. Many nongame species can stratified with thin lenses of loamy sand and clay loam. 'be attracted by establishing areas for nesting and escape -Permeability effective is moderate. Available water capacity e. cover. For pheasants, undisturbed nestingcover is essen- high. The effective rooting depth is 60 inches or more. tial and should be included in plans for habitat develop- Surface runoff is slow to medium,and the erosion hazard ment, especially in areas of intensive agriculture. Range- is low. land•wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all-crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing,and reseeding where needed. leans, alfalfa, small grain, potatoes, and onions. An exam- -This soil is poorly suited to urban and -recreational ple ofasuitable cropping system is 3 to 4 years of alfalfa development because of the susceptibility to flooding. followed by corn, corn for silage, sugar beets, small grain, Capability subclass IIe irrigated, IVe nonirrigated; or beans. Land leveling, ditch lining, and installing Loamy Plains range site. pipelines may be needed for proper water applications. 27'ileldt-silty clay. 1 to 3 percent slopes. This is a All methods of irrigation are suitable, but furrow ir- deep, moderately well drained soil on plains at elevations rigation is the most common.Barnyard manure and com- of 4;950 to 5,050 feet It formed in alluvial sediment mercial fertilizer are needed for top yields. derived from shale. Included in mapping are small areas In nonirrigated areas this soil is suited to winter wheat, of soils that have a clay loam or silt loam subsoil and sub- barley, and sorghum. Most of the acreage is planted to stratum. -winter wheat The predicted average yield is 28 bushels Typically the surface layer is light brownish gray and per acre. The soil is-summer fallowed in alternate years light yellowish brown silty clay about 7 inches thick. The to allow moisture accumulation. Generally precipitation is subsoil is light brownish gray silty clay about 27 inches too low for beneficial use of fertilizer. thick.The substratum to a depth of 60 inches is silty clay. Stubble mulch farming, striperopping, and minimum til- permeability is slow. Available water capacity is high. lage are needed to control soil blowing and water erosion. The effective rooting depth is 60 inches or more. Surface Terracing also may be needed to control water erosion. runoff is medium, and the erosion hazard is moderate. The potential native vegetation is dominated by In irrigated areas this soil is suited to crops commonly western wheatgrass. Blue grama, switchgrass, sand grown in the area, such as corn,sugar beets, beans, alfal- reedgrass, big bluestem, slender wheatgrass, indiangrass, fa, and small grain. The high clay content generally and green needlegrass are also present. Potential produc- restricts some crops. E7 .,2.3 WELD COUNTY, COLORADO, SOUTHERN PART 21 Most methods of irrigation are suitable, but furrow ir- grown crops should be grown at least 50 percent of the rigation is the most common. Proper irrigation water time. Contour ditches and corrugations can be used in ir- management contour is essential. Barnyard manure and tommer- rigating closegrown cropsand pFurrows, Yg g cial fertilizerare needed for top yields. furrows, and cross slope furrows are suitable for row In nonirrigated areas this soil issuited to winter wheat, crops. Keeping tillage to a minimum and utilizing crop barley, and sorghum. Most of the acreage is planted to residue help to control erosion. Maintaining fertility is im- winter wheat. The predicted average yield is-25 bushels portant. Craps respond to applications of phosphorus and per acre. The soil is summer fallowed in alternate years nitrogen. to allow moistureaccumulation. Generally precipitation is In nonirrigated areas this soil is suited to winter wheat, too low for beneficial use of fertilizer. barley, and sorghum.Most of the acreage is planted to Stubble mulch farming,striperopping,and minimum til- winter wheat. The predicted average yield is-20 bushels lage are needed to control soil blowing and water erosion. per acre. The soil is summer fallowed in alternate years The potential native vegetation is dominated by to allow moisture accumulation. Generally precipitation is western wheatgrass and blue grama. Buffalograss is also -too low for beneficial useof fertilizer. present. Potential production ranges from 1,000 pounds in Stubble mulch fanning, striperopping, and mimimum favorable years to 600 pounds in unfavorable years. As tillage are needed to control soil blowing and water ero- range condition deteriorates, a blue grams'buffalograss sion. Terracing also may be needed to control water em- sod forms. Undesirable weeds and annuals invade the site sion. as rangecondition becomes_poorer. The potential native vegetation is dominated by Management of vegetation on this soil should be based western wheatgrass and blue grama.-Buffalograss is also on taking half and leaving half of the total annual produc- present. Potential production ranges from 1,000 pounds tion.-Range pitting can help in reducing runoff. Seeding is per acre in favorable years to 600 pounds in unfavorable desirable if the range is in poor condition. Western years. As range condition deteriorates, a blue grama-buf- wheatgrass, blue grama,-sideoats grams, buffalograss, pu- falograss sod forms. Undesirable weeds and annuals in- bescent wheatgrass, and crested wheatgrass are suitable vade the site as range condition becomespoorer. for seeding. The grass selected should meet the seasonal Management of vegetation on this soil should be based requirements of livestock It can be seeded into a clean, an taking half and leaving half of the total annual produc- -firm sorghum stubble, or it can be drilled into a firm tion. Range pitting can help inreducing runoff. Seeding is prepared seedbed. Seeding early in spring has -proven desirable if the range is in poor condition. Western most successfuL wheatgrass, blue grama, sideoats grama, buffalograss, pu- Windbreaks and environmental plantings are generally bescent wheatgrass, and crested wheatgrass are suitable not suited to this soil. Onsite investigation is needed to for seeding. The grass selected should meet the seasonal determine if plantings are feasible. Successful windbreaks requirements of livestock. It can be seeded into a clean, require supplemental water. firm sorghum stubble, or it can be drilled into a firm Openland wildlife, such as pheasant, mourning dove, prepared seedbed. Seeding -early in spring has proven and cottontail, are best suited to this soiL Supplemental most successful. water is needed in wildlife habitat development, including Windbreaks and environmental plantings generally are the tree and shrub plantings that serve as nesting-areas. not suited to this soil_ Onsite investigation is needed to This soil has poor potential for urban and recreational determine if plantings arefeasible.Buccessful windbreaks development. Slow permeability and high shrink swell require supplemental water. create problems in dwelling and road construction.Capa- Openland wildlife, such as pheasant, -mourning dove, bility subclass Its irrigated, IVe nonirrigated; Clayey and cottontail, are best suited to this soil. Supplemental Plains range site. -water is needed for wildlife habitat development, includ- 28—Heldt silty clay, 3 to 5 percent slopes. This is a ing tree and shrub plantings that serve as nesting areas. deep, moderately well drained soil on plains at elevations This soil has poor potential for urban and recreational of 4,950 to 5,050 feet. It formed in alluvial sediment development Slow permeabiity and high shrink swell derived from shale. Included in mapping are small areas create problems in dwelling and road construction. Capa- of soils that have a clay loam or silt loam subsoil and sub- bility subclass IIIe irrigated, IVe nonirrigated; Clayey stratum. Plains range site. Typically the surface layer is light brownish gray and 29 Julesburg sandy loam, 0 to 1 percent slopes. This light yellowish brown silty clay about 7 inches thick. The is a deep, well drained soil on terraces at elevations of subsoil is light brownish gray silty clay about 21 inches 4,700 to 4,800 feet. It formed in alluvium deposited by the thick. The substratum to a depth of 60 inches is silty clay. South Platte River. Included in mapping are some leveled Permeability is slow. Available water capacity is high. areas and small areas of soils that have a loamy sub- The effective rooting depth is 60 inches or more. Surface stratum. runoff is medium, and the erosion hazard is moderate. Typically the surface layer of this Julesburg soil is In irrigated areas this soil is suited to crops commonly brown sandy loam about 12 inches thick. The subsoil is grown in the area. Perennial grasses and alfalfa or close brown and pale brown sandy loam about 18 inches thick. r7 WELD COUNTY, COLORADO, SOUTHERN PART 29 have good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by redcedar, ponderosa pine,-Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also hackberry. The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1,000 pounds lilac,Siberian peashrub, and American plum, per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil. The years. As range condition deteriorates, a blue grama-buf- cropland areas provide favorable-habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- pheasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. be attracted by-establishing areas for-nesting and escape Management of vegetation of this soil should be based cover. For pheasants, undisturbed nesting cover is-essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is ment, especially in areas of intensive agriculture. desirable if the range is in poor condition. Western This soil has fair to poor potential for urban develop- wheatgrass, blue grama, sideoats grams, buffalograss, pu- -ment it has moderate to-high shrinkswell, low strength, -bescent wheatgrass, and crested wheatgrass are suitable and-moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal problems in dwelling and road construction.Those areas requirements of livestock. It can be seeded into a clean, that-have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be -drilled into a firm substratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven and foundations.Some areas of this soil are adjacent to most successful streams and are subject to occasional flooding.The poten- Windbreaks and environmental plantings are generally tial is fair forsuch recreational development as camp and well suited to this soil. Cultivation to control competing picnic areas and playgrounds. Capability classi irrigated. vegetation should be continued for as many years as 42—Nunn clay loam, 1 to 3 percent slopes.,This is a possible following planting. Trees that are best auited and deep, well strained soil on terraces and smooth plains at have good survival-are Rocky Mountain juniper, eastern elevations of 4,550 to 6150 feet.It formed in-nixed allu- redcedar, ponderosa pine,Siberian elm, Russianolive, and vium and eolian deposits. Included in mapping are small, haekberry. The shrubs best suited are skunkbush sumac, long and narrow areas of-sand -and gravel deposits and lilac,Siberian peashrub,and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soiL The Some leveled areas are also included. cropland areas provide favorable-habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape brownish gray clay loam about 14 inches thick.-The upper cover. For pheasants, undisturbed nesting cover is essen- part of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat'develop- The lower part to a depth of 60 inches is-brown sandy ment, especially in areas of intensive agriculture. Range- loam. land wildlife,for example,the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by 'developing livestock watering facilities, rapacity is-high.-The effective rooting depth is 60 inches managing livestock grazing,and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- -hazard is low. ment. It has moderate-to high shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability. These features create monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 310 4 years of alfalfa substratum are suitable for septic tank absorption fields followed by corn, corn for silage,sugar beets, small grain, and foundations._Some areas of this soil are adjacent to or beans. Generally such characteristics as the high clay streams and are subject to occasional flooding.The poten- content or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and restrict some crops. picnic areas and playgrounds. Capability subclass lie ir- All methods of irrigation are suitable, but furrow ir- rigated, IIIc nonirrigated; Clayey Plains range site. rigation is the most common. Proper irrigation water 43—Nunn loamy sand, 0 to 1 percent slopes. This is management is essential. Barnyard manure and commer- deep, well strained soil on terraces at elevations of 4,700 cial fertilizer are needed for top yields. to -4,900 feet. It formed in alluvium along Box Elder in nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that grain and it is summer fallowed in alternate years. -have a loamy subsoil and small areas of soils that are sub- Winter wheat is the-principal crop.The predicted average ject to rare flooding. yield is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown spring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil low for beneficial use of fertilizer. is dark to very stark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is lage are needed to control soil blowing and water erosion. loamy very fine sand, loamy sand,or sand. WELD COUNTY, COLORADO, SOUTHERN PnLT 37 Lawns, shrubs, and trees grow well. Capability subclass may be needed at the time of planting and during dry Its irrigated. periods. Trees that are best suited and have good survival 55—Paoli loam, 1 to 3 percent slopes. This is a deep, are Rocky Mountain juniper, eastern redcedar, ponderosa well drained soil on terraces at elevations of 4,700 to 5,250 pine, Siberian elm, Russian-olive, and hackberry. The feet. It formed in alluvial deposits. Included in mapping shrubs best suited are skunkbush sumac, lilac, and Siberi- are small areas of soils that have a loamy sand surface an peashrub. layer. Wildlife is an important secondary use of this soil. The Typically the surface layer is grayish brown loam about cropland areas provide favorable habitat for ring-necked 22 inches thick. The underlying material to a depth of 60 pheasant and mourning dove. Many nongame species can inches is light brownish gray fine sandy loam. be attracted by establishing areasfor nesting and escape _Permeability is moderate. Available water capacity is cover. For pheasants, undisturbed-nesting cover is essen- high. The effective sooting depth is 60 inches 9r more. tial and should be included in plans for habitat develop- Surface runoff isslow,andthe-erosion hazard is low. ment,especially in areas of intensive agriculture. This-soil is_used almost entirely for irrigated crops.It This soil has good potential for urban and recreational is suited to all crops commonly grown in the area, includ- development. The primary limiting feature is the rapid ing corn, sugar beets, beans,alfalfa, small grain,-potatoes, permeability in the substratum, which causes a hazard of and onions. An-example of a suitable cropping system is 3 ground water contamination from sewage lagoons. Road to 4 years of alfalfa followed by corn, corn for silage, designs should be -modified to 'compensate for the f sugar beets, small grain, or beans. Land leveling, ditch moderate frost potential.-Lawns, shrubs, and trees grow lining, and installing pipelines may be needed for proper well. Capability subclass lie irrigated, IIIe nonirrigated; water application. Overflow range site. I All methods of irrigation-are suitable, but furrow ir- 56—Renohill clay loam, 0 to 3 percent slopes.This is rigation is the-most common. Barnyard manure and com- a moderately deep, well drained soil on plains at eleva- mercial fertilizer are neededfortop yields. tions of 4,850 to ,200 feet. It formed an residuum from I This soil is well suited to winter wheat, barley, and shale. Included in mapping are small areas of soils-that sorghum if it is -summer fallowed in alternate years. have shale deeper than 40 inches. Winter wheat isthe principal crop.The predicted average Typically the surface layer is grayish brown clay loam yield is 33 bushels per acre. If the crop is winterkilled, about -9 inches thick. The subsoil is grayish brown and spring wheat can be seeded. Generally precipitation is too pale thrown slay loam about 14 inches thick. The sub- low-for beneficial use offertilizer. stratum is pale brown clay loam. Shale is at a depth of Stubble mulch farming,striperopping, and minimum til- about 32 inches lage are needed to control-soil blowing and water erosion. _Permeability is slow. Available water capacity is -Terracing also may be needed to control water erosion. moderate. The-effective rooting depth is 20 to 40 inches. The potential native vegetation is dominated by Surface -runoff is medium, and the -erosion hazard is western wheatgrass. Blue grama, switchgrass, sand moderate. reedgrass, big bluestem,slender wheatgrass, indiangrass, This soil is suited to most of the irrigated crops com- and green needlegrass are also present. Potential produc- -monly grown in the area,-hut the high clay content and lion ranges from 3,000 pounds per acre in favorable years moderate depth of the soil slightly restrict some crops. A to 2,000 pounds in unfavorable years. As range condition suitable cropping system is corn, corn for-silage,'barley,S deteriorates, the tall grasses decrease, blue grama and to 4 years of alfalfa,and -wheat. This soil is also well buffalograss increase, and forage production drops. Un- suited to irrigated pasture. desirable weeds and annuals invade and-erosion can occur Furrows can be used in irrigating-row crops.T'looding as range condition becomes poorer. from contour ditches is suitable forelase grown crops and Management of vegetation on this soil should be based pasture. Production can be maintained by applying bar- on taking half and leaving half of the total annual produc- nyard manure and commercial fertilizer. Keeping tillage tion. Seeding is desirableif the range is in poor condition. to a minimum and utilizing crop residue are important. Western wheatgrass, -switchgrass, sand reedgrass, In nonirrigated areas this soil is suited to winter wheat, sideoats grama, pubescent wheatgrass, intermediate barley, and sorghum. Most of the acreage is planted to wheatgrass, and blue grama are suitable for seeding.The winter wheat. The predicted average yield is 25 bushels grass selected should meet the seasonal requirements of per acre. The soil is summer_fallowed in alternate years livestock. It can be seeded into a firm, prepared seedbed. to allow moisture accumulation.Generally precipitation is A grass drill should-be used. Seeding early in spring has too low for beneficial use of fertilizer. proven most successful. Stubble mulch farming, striperopping, and minimum til- Windbreaks and environmental plantings are generally lage are needed-to control soil blowing and water erosion. suited to this soil. Soil blowing, the principal-hazard in The potential -native vegetation is dominated by establishing trees and shrubs, can be controlled by cul- western wheatgrass and blue grama. Buffalograss is also tivating only in the tree row and by leaving a strip of present. Potential production ranges from 1,000 pounds Ivegetation between the rows. Supplemental irrigation per acre in favorable years to 600 pounds in unfavorable 87 239 38 SOIL SURVEY years. As range condition deteriorates, a blue grama-buf- Closely spaced contour ditches can be used in irrigating falograss sod forms. Undesirable weeds and annuals in- close grown crops. Contour furrows should be used for vade the site as range condition becomes poorer. row crops. Applications of barnyard manure and commer- Management of vegetation on this soil should be based cial fertilizer help to maintain good production. Keeping on taking half and leaving half of-the total annual produc- tillage to a minimum and utilizing crop residue are impor- tion. Range pitting can reduce runoff. Seeding is desirable tant. if the range is in poor condition. Western wheatgrass, The potential native vegetation is dominated by blue grama, sideoats grama, buffalograss, pubeseent western wheatgrass and blue grama. Buffalograss is also wheatgrass,and crested wheatgrass are suitable for-seed- present. Potential production ranges from 1,000 pounds ing. The grass selected should meet the seasonal require- per acre in favorable years to 600 pounds in unfavorable ments of livestock. It can be seeded into a clean, firm years.As range condition deteriorates, a blue grama-buf- sorghum stubble, or it can be drilled into a firm prepared falograss sod forms. Undesirable weeds -and annuals in- seedbed. Seeding early in spring has-proven most success- vade the site as range condition becomes poorer. ful. Management of vegetation on this soil should be based Windbreak and environmental plantings are_generally on taking half and leaving-half of-the total annual produe- not suited to this soil. Onsite investigation is needed to tion. Range pitting can reduce-runoff.-Seeding is desirable determine if plantings-are feasible. Supplemental water is if the range is in poor condition. Western wheatgrass, needed for successful plantings. blue grama, sideoats grama, buffalograss, pubescent Wildlife is an important secondary use of-this soil. The wheatgrass, and crested-wheatgrass are suitablei'or seed- cropland-areas provide favorable habitat for ring-necked ing. The grass selected should meet the seasonal require- pheasant and mourning dove. Many nongame species can ments of livestock. It can be seeded into a xlean firmr beattracted by establishingareas for nesting and escape sorghum stubble, or it can be drilled intoafu�nprepared cover. For pheasant, undisturbed nesting is essential and seedbed.Beedingaarly in spring has-proven most success- should beincluded in plans for habitat development, espe- fuL dally in areas of intensive agriculture. Rangeland wildlife, Windbreaks and environmental plantings are generally not suited to this for example, the pronghorn antelope, can be attracted by soil Onsite investigation is needed to developing livestock watering facilities, managing determine if plantings—a feasible. Supplemental water is livestock grazing, and reseeding where needed. -needed for successful lantings. This soil has poor potential for urban uses and only Wildlife is an important secondary use of this soil.The cropland areas provide favorable habitat for sing-necked moderate potential for recreational development. -The pheasant and mourning move. Many nongame species can chief limiting features are the underlying shale, the low be attracted by establishing areas for nesting and escape strength, and the moderate to high shrink swell. These cover. For pheasants, undisturbed nesting cover is - features present severe problems in dwelling and road velop construction and in use of septic tank absorption fields teal and should be included in-plans for-habitat develop- sewage lagoons. Capability subclass Ills irrigated, ment, especially in areas of intensive agriculture. Range- and land wildlife, for exammple, the pronghorn antelope, can be IVe nonirrigated; Clayey Plains rangesite. 57—Renohillattracted by developing livestock watering facilities, clay loam, 3 to percent slopes.This is a moderately deep, well drained soil on upland hills and managing livestock grazing,o and reseeding where needed. ridges at-elevations of 4 to 5,200 feet.It formed in gels msoil has poor of limiting for urban_and he undrecreaterla- � � development.The-chief limitingfeaturesare the underly- residuum from shale. Included in mapping are small areas ing shale, -the low strength, and the moderate to high of soils that have shale deeper than 40 inches. shrink swell. These features present severe problems in Typically the surface layer is grayish brown clay loam zwelling and road construction and in use of septic tank about 9 inches thick. The subsoil is grayish brown and absorption fields and sewage lagoons. Capability subclass pale brown clay loam about 12 inches thick. The sub- IV-e irrigated,Vie nonirrigated; Clayey Plains range site. stratum is pale brown clay loam. Shale is at a depth of 58 Shingle loam,l to 3 percent slopes.This is a shal- about 29 inches. low, well -drained soil an-plains at elevations of 4,850 to Permeability is slow. Available water capacity is 5,200 feet. It formed in residuum from shale. Included in moderate. The effective rooting depth is 20 to 40 inches. mapping are some small areas of shale and sandstone out- Surface runoff is medium to rapid,and the erosion hazard -crops. is moderate. Typically the surface layer is grayish brown loam about This soil is suited to limited cropping. Intensive 6 inches thick. The underlying material islight yellowish cropping is hazardous because of erosion. The cropping brown clay loam. Shale is at a depth of about 18 inches. system should be limited to such close grown crops as al- Permeability is moderate. Available water capacity is falfa, wheat, and barley. 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""< s :. . e8 «n. m � .. .e wa>, ee OA: t 8Sy >* is.: m 9 m m to id' iiii 11 : a et Oran e wa wu n S l m E ii Ai ii li 1 .._____...."__-_"..... ..... .....ar, ..... ..._ Er 1 . . « r \ , n 4 r 2 . m n f BAY SHORES EXHIBIT "A" LEGAL DESCRIPTION PROJECT NO. 7012 THE NORTH 1/2 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SECTION 5, FROM WHENCE THE WEST QUARTER CORNER OF SAID SECTION BEARS NORTH 88°32' 51" WEST 5329.70 FEET, AND WITH ALL BEARINGS CONTAIN HEREIN BEING RELATIVE THERETO; THENCE NORTH 01°41'19" EAST, 2613.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE NORTH 89°53'01" WEST, 2696.28 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 89°42'08" WEST, 2635.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 01°40'44" WEST, 2497.12 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTH 88°32'51" EAST, 5329.70 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED NORTH 1/2 CONTAINING 312.378 ACRES, MORE OR LESS. EXCEPTING THEREFROM LANDS INCLUDED IN UNION RESERVOIR, IN DEED RECORDED-DECEMBER-22;--1902 -IN-BOOK 200, PAGE 454; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5, FROM WHENCE THE WEST QUARTER LOANER OF SAID SECTION BEARS SOUTH 01°40'44" WEST, 1336.06 FEET; THENCE NORTHEASTERLY ALONG AN EXISTING FENCE LINE THE FOLLOWING COURSES AND DISTANCES: NORTH 61°10'-01" EAST, 48.76 FEET; THENCE NORTH 50°35'22" EAST, 295.75 FEET; THENCE NORTH 48°51'37" EAST, 330.66 FEET; THENCE NORTH 47°34'49" BAST, 167.94 FEET; THENCE NORTH 37°50'1-9" EAST, 119.92 FEET; THENCE NORTH 22°10'07" EAST, 328.43 FEET; THENCE NORTH 36°01'41" EAST, 164.64 FEET; THENCE NORTH 49°52'45" EAST, 126.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 3; THENCE LEAVING SAID FENCE LINE NORTH 89°42'08" WEST, 1000.96 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 01°40'44' WEST, 1161.06 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED LANDS CONTAINING 15.276 ACRES, MORE OR LESS. ALSO EXCEPTING THEREFROM A STRIP OF LAND SD FEET IN WIDTH SOUTHEASTERLY AND CONTIGUOUS TO THE ABOVE DESCRIBED FENCE LINE. ALSO EXCEPTING THEREFROM ONE PARCEL OF LAND CONVEYED TO THE NORTHERN CONSTRUCTION COMPANY FOR RAILROAD PURPOSES, IN DEED RECORDED JUNE 12, 1506, IN BOOK 241, _PAGE 392; SAID PARCEL BEING A STRIP OF-LAND 80 FEET IN WIDTH AND HAVING A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT i. POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5, FROM WHENCE THE WEST QUARTER CORNER OF SAID SECTION BEARS SOUTH 01°40'44" WEST 85.-62 FEET; - THENCE NORTH 33°51'00" EAST, 1988.75 FEET; THENCE 416.68 FEET ALONG THE ARC DF A CURVE TO THE-RIGHT, SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 68°01'00" EAST, 416.32 FEET; THENCE NORTH 72°11'00" EAST, 2282.00 FEET; THENCE 1070.47 FEET ALONG THE ARC OF A CURVE TO THE -LEFT, SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 50°46'43" EAST, 1045.74 FEET TO THE POINT OF TERMINATION; SAID POINT BEING A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 AND FROM WHENCE THE NORTHEAST CORNER AF SAID SECTION BEARS SOUTH 89°53'01" EAST, 248.54 FEET. TOTAL AREA OF THE 80-FOOT STRIP IS 10.575 ACRES, MORE DR LESS. TOGETHER WITH AND SUBJECT TO WELD COUNTY 60 SOOT -RIGHTS DF-WAY FOR GRAVEL ROADS KNOWN AS WELD COUNTY ROAD 26 AND WELD COUNTY ROAD 3-1/2. TOGETHER WITH AND SUBJECT TO ALL RIGHTS-OF-WAY AND/OR 87123? EASEMENTS, EXISTING OR OF PUBLIC RECORD. EXHIBIT "B" • *\ °' LONGS PEAK -•iN .-.t WATER ASSOCIATION P.O. BOX 714 • LONGMONT, CO 80502-0714 • (303) 776-3847 • May 29, 1987 Kim Collins 1333 W. 120th Avenue, Suite 308 Denver, W 80234 Dear Mr. Collins: Longs Peak Water Association is -willing and able to serve the Bay Shores P.U.D. in Weld County, Colorado. Taps will be furnished subject to compliance by CRS Investments with the rules, charges and regulations of the Association, and subject to the purchase of said taps and any extensions or upgrading of the lines in accordance with the engineering requirements of the Association. Longs Peak Water Association can and will serve water to this area. This is not a letter of commitment, but rather a statement of willingness to serve. Sincerely, a' ASO J eph ne Anderson Secretary-Treasurer jea 87121.7 RECE'- ''EQ JUN 2 4 1987 ' I EXHIBIT "B"- engineers • planners • surveyors June 22, 1987 Trend Development Systems, Inc. 1333 W. 120th Avenue, Suite 308 Denver, CO 80234 ATTN: Mr. Kim Collins RE: Bay Shores P.U.D. N 1/2 of 55, T2N, R68W of the 6th P.M. Weld County, Colorado Dear Mr. Collins: Per your request, we have done a preliminary review, for the subject project, on serving the site with potable water from the Longs Peak Water Association's system. For review purposes, we have used a total of nine hundred and fifty (950) single family residences, a maximum hour flow of two (2) gallons per minute per tap (2.7 MGD), a maximum day flow of ei-ght tenths (0.8) of a gallon per minute per tap (1.1 MGD) and a fire fl-ow of five hundred (500) gallons per minute. Based on these numbers and the location of the proposed P.U.D., ultimate build- out of the development will require storage of one million (1,000,000) gallons. A stor-age tank on site would require a pump station to provide adequate pressure to the development. Since the Water Association would not want the associated pumping costs that would be encountered, the best location for this tank would be at the site of the existing tank at the intersection of County Line Road and County Road No. 34 (see Point 1 on the enclosed -map). A twelve (12) to sixteen (16) inch main would -have tote built from the inter- section of County Roads #26 and #5 (see Point 2 on enclosed map), north one mile to the intersection of County Roads #28 and #5 (see Point 3 on map), -west one mile to the intersection of County Roads #28 and #3 (Point 4 on map) north one Rocky Mountain Consultants, Inc. 1960 Industrial Circle. Suite A Longmont.Colorado 80501 303-772-5282 Offices also in Denver • Boulder • and Estes Park.CO Metro line: 665-6283 671-21r Letter to Mr. Kim Collins EXHIBIT "B" Page 2 • mile to the intersection of County Road 28 and State Highway 66 (Point 5 on map) , west one mile to the intersection of State Highway 66 and County Line Road (Point 6 on map) and north two miles to the existing tank site (Point 1 on map), for a total of six (6) miles. A ten (10) to fourteen (14) inch main would also have to be extended from the existing water treatment plant south of Terry Lake on Vermillion Road (Point 7 on map) east three and one-half (3-1/2) miles to the intersection of Vermillion Road and County Line Road (Point 8 on the map) and one mile north to the existing tank site (Point 1 on map), for a total of four and one-half (4-1/2) miles. The development will also require future expansion of the existing plant on Vermillion Road to increas-e its capacity, since the present capacity of the plant is only one million gallons per day maximum. If storage was built on site (providng that the Longs Peak Water Association would be willing to work out an agreement whereby the Homeowners Association would pay for the pumping costs, and possibly maintenance of the pump station), it would still require a twelve (12) to sixteen (16) inch main be built from Point 2, to Point 3, to Point 4, to Point 5, to Point 6, to Point 8, to Point 7 (see map for reference), for a total of eight and one-half (8-1/2) miles. In order to serve the first one hundred and thirty (130) or so units will require that the twelve (12) to sixteen (16) inch main be extended from Point 2, to Point 3, to Point 4, to Point 5, where it would tie into an existing six (6) inch line, to Point 6, where it would tie into existing six (6) and three (3) inch lines, for a total of four (4) miles. We would like to stress that this is only a preliminary review and that a more detailed analysis will be required if you decide to go ahead with the project. If you have any questions, please feel free to contact us at your convenience. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. E. Wayne Wentworth, P.E. cc: Mr. Vernon Peppler LONGS PEAK il'ATER ASSOCIATION : _ ' L• Teta (303) 776-3847 P.O. BOX 714, LONGMONT, CO 80501 MEMORANDUM EXHIBIT "B" TO: Potential Association Members and Subdividers FROM: Board of Directors, Longs Peak Water Association RE: Line Extension Requirements DATE: May 8, 1986 1. INTRODUCTION. Periodically, members of the Association's Board of Directors or the Association's Secretary, Engineer, or Attorney receive inquiries from prospective members of the Association concerning obtain— ing water service. In most cases, those questions are easily responded to because the Association provides service to a particular area and obtaining service can be accomplished by payment of the membership fee following which employees of the Association tap an existing service line. However, in many cases, service can only be provided if a service line extension is constructed. The purpose of this Memorandum is to set forth the most important of the Association's policies with respect to such line extensions. Those policies are set forth in the following paragraphs. 2. PREPAYMENT. All line extensions are paid for by the applicant in advance prior to the commencement of work and as a condition of member— ship. The prepayment for a line extension may be handled in one of two ways: first, a separate construction account can be established at a local financial institution - with the President of the Association and the owner as the joint signatories on the account; or, second, the amount may be deposited in the trust account of Grant, Bernard & Lyons, attorneys for the Association, for disbursements as the Association and owner may direct. 3. APPROVED CONTRACTORS. Because -all line extensions or other work on the Association's system become the Association's property, such work can only be performed by a contractor previously approved by the Association. At the present time, the following contractors (listed in alphabetical order) are approved contractors for the Association: Golden's Construction Co. 21 South Sunset Longmont, Colorado 80501 Telephone: 776-1003 87123, EXHIBIT "B" Memorandum to: Potential Association Members and Subdividers May 8, 1986 Page 2 • Hirschfeld Backhoe & Pipeline Inc. 12971 North 87th Longmont, Colorado 80501 Telephone: 776-2080 Bill Keeler dba Custom Backhoe Service 133 South Coffman, Apt. B Longmont, Colorado 80501 Telephone: 776-9259 Robert R. Kidd 12955 Linda Vista Longmont, Colorado 80501 Telephone: 772-3095 Larry Nelson Excavating 13761 Elmore Road Longmont, Colorado 80501 Telephone: 776-0834 It is the responsibility of the owner to contact one or more contractors and obtain as many bids as the owner desires. The Board has, from time to time, approved other Contractors for a specific job; however, utiliza- tion of other contractors will generally result in higher engineering fees for supervision of such contractor's work. 4. EASEMENT. All easements, rights-of-way, and other requirements for the installation of the line extension or other facilities shall be furnished by the applicant and approved by the Board and the Associ-a- tion's attorney and engineer prior to the commencement of any work. Such easements and rights-of-way shall be in a form prescribed by the Associa- tion. The legal description set forth in easements shall be prepared by a licensed surveyor and approved by the Association's engineer, or shall be prepared by the Association's engineer. In all cases, the easements and rights-of-way granted to the Association shall extend across the entire boundary of the owner's property to facilitate the subsequent providing of service to the adjacent property owners. 5. LENGTH _OF LINE EXTENSION. In most cases, the Board requires that the line extension be constructed across the entire boundary of the owner's property, that is, from one boundary to the other boundary. As with easements, the purpose for this requirement is to facilitate the providing of service to subsequent users. 6. SIZE OF LINE. In no event shall any line extension be smaller than a 2—inch PVC water line. In some cases, a larger line size will be required by the Association. The specifications for the line, valve, couplings, etc. , shall be as determined by the Association's engineer. 8717;37 • EXHIBIT "B" Memorandum to: Potential Association Members and Subdividers May 8, 1986 Page 3 7. WATER METER, ETC.. At the time a member purchases a water tap from the Association, the tap fee paid by the member covers the cost of tap— ping the service line and installing the meter Tit and the meter. The responsibility for running a line from the meter to the residence or other location to be served is the responsibility of the owner. The meter pit and the meter must be located on the owner's property at a location approved by the Association to permit access for monthly meter readings by employees of the Association. 8. CONSULTATION WITH ENGINEER. Initial inquiries made by prospective users to the Association' s engineer or attorney are billed by each of them to the Association. Following such initial inquiries, the Associa— tion's engineer and attorney will bill their time to the Association at the standard rates which each of them normally charges the Association, and it is the responsibility of the owner to reimburse the Association for all such charges. 9. STANDARD FORM OF LINE EXTENSION AGREEMENT. Attached to this Memo- randum is a standard form of Line Extension Agreement between the Asso- ciation, the owner, and an approved contractor as selected by the owner. DFB:mj Attachment • 871.23" LPWALINEXT LPWA Disk 4/17/86 mj LINE EXTENSION AGREEMENT EXHIBIT "B" 1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER ASSOCIATION (Association) , '(1) (Owner), and (2) (Contractor) . 2. RECITALS AND PURPOSE. The Association is a not-for-profit Colorado corporation which provides domestic water service in rural areas north of Longmont, Colorado. Owner is the owner of certain real property de- scribed below which is capable of being served by Association upon con- struction and installation of a water line extension from a point on (3). Contractor is approved by the Association for the construction and installation of the water line extension. The Association desires to serve the Owner's property upon the Owner's pay- ment of all costs of installation of the line by the Contractor. The purpose of this Agreement is to set forth the terms and conditions of the construction, installation, and service. 3. DESCRIPTION OF PROPERTY. Owner's property to be served by the Association is described as follows: Description of Property (4) _: 4. INSTALLATION AND CONSTRUCTION. The following are conditions prece- dent to the Association providing water service to the Owner's property - - as described in paragraph 3 of this Agreement: 4.1 Contractor shall construct and install a (5)-inch water line to connect with the Association 's line, as presently engineered and installed, at a point on (3), a dis- tance of approximately (6) feet. 4.2 Contractor shall furnish all labor and personnel , all general supervision of said labor and personnel , all tools, equipment and related services, and perform and complete all work required for the construction and installation of such water line. 4.3 Owner shall pay Contractor the total sum of $ (7) for the construction and installation of said line. A progress. payment shall be made to Contractor at the time the project is 50% complete as certified by the Association's Engineer. 4.4 All materials, construction, and installation shall be in accordance with design and other specifications as established by the Association and/or its Engineer, and shall be subject to the supervision, inspection, and approval of the Association's Engineer. The specifications now determined to be applicable to this Project include those set forth on the attached Exhibit A. The word "Owner" as used in the attached Exhibit A shall refer to the Association. EXHIBIT "B" 4.5 Owner shall furnish in a form satisfactory to the Association and at Owner's expense all easements, rights-of-way, consents, permits, licenses, and other agreements prior to commencement of construction, including, but not limited to, any private party, governmental entity, or agency thereof, and any public or private utility which may have lines or facilities in the vicinity of con- struction. 4.6 Upon completion of the project, Contractor shall provide the Association with a schematic "as built" drawing of the constructed and installed lines showing distances, exact locations, and refer- ence points. 4.7 Construction and installation shall be finally approved by the Association's Engineer. 4.8 Owner shall reimburse the Association for all engineering fees, inspection fees, and legal fees incurred by the Association as a result of this project. Such fees and charges shall be billed to the Association at the established standard rates normally charged by such engineering and legal firms to the Association. 5. PAYMENT FOR LINE. The Association desires the Owner to guarantee completion of the project. In lieu of a letter of credit, bonds, or other similar forms of guarantees of performance, Owner agrees to estab— lish a separate construction account in the minimum amount of $ (8) at a local financial institution. The President of the Association and Owner shall be the signatories on said account with full authorization, granted by the Owner, to withdraw such sums as may be required to complete the project. If, for any reason, completion is unreasonably delayed or not accomplished, said determination is to be made at the sole discretion of the Association. At Owner' s option, such amount may be deposited in the tryst account of Grant, Bernard & Lyons, attorneys for the Association, for tisbursements as the Association and Owner may direct. 6. SALE OF LINES. Upon completion, approval , and acceptance of the construction and installation of the lines, this Agreement shall operate as a sale, conveyance, transfer, and assignment by Owner -of all of Owner's interest and ownership in said lines and facilities to the Asso- ciation, free and clear of all liens andencumbrances. 7. WARRANTIES. Owner and Contractor warrant that the project will be performed and completed in accordance with all applicable statutes, ordinances, regul-ations, and directives of any governmental entity or agency and in accordance with the design standards and requirements of the Association. Owner and Contractor guarantee and warrant that the lines as installed shall be free from defective, faulty, or negligent workmanship and materials for a period of one year from date of final acceptance and approval , and that during said period, Owner and Contrac- tor shall pay all cost and expense of repair or replacement of said lines. The Association shall assume all responsibility, cost, and ex- pense for operation and maintenance of said lines from date of acceptance -_ except as to defective faulty, or negligent workmanship and materials under the above guaranty. 2 EXHIBIT "B" 8. INDEPENDENT Sl;,'US. This Agreement shall not Le construed as creat- ing any partnership, joint venture, or agency relationship among the parties. Contractor shall be deemed an independent contractor and all persons employed by Contractor in connection with its performance of this Agreement shall be Contractor's employees, and Contractor shall be le- gally responsible for their wages, salaries, workman's compensation, taxes and withholdings, and insurance, if any. 9. INDEMNIFICATION. Owner and Contractor shall indemnify the Associa- tion and hold it harmless from any and all claims, demands, judgments, and causes of action which may be asserted against the Association aris- ing out of personal injury, death, or property damage to any third person or party as a result of the construction and installation of said lines. Contractor shall obtain and provide the Association evidence of liability insurance in an amount satisfactory to the Association. 10. PERIOD FOR CONSTRUCTION. Construction shall commence no later than (9) and be completed on or before (10). Any delays in, or failure of, performance by Owner or Contractor of the obligations under this Agreement shall be excused if such delays or failure are a result of acts of God or nature, regulations, or orders of governmental authorities, shortages of materi- als, or other similar causes which are beyond the control of such party. 11. GOVERNMENTAL REGULATIONS. Notwithstanding any provisions of this Agreement to the contrary, the obligation of the Association to furnish water service to Owner under this Agreement is limited by and subject to any and all orders, directives, requirements, and limitations which may be imposed by federal , state, county, or any other governmental or regu- latory body or agency having jurisdiction and control over the Associa- tion and the operation of its water storage, treatment facilities, and system. 12. EXHIBITS. All exhibits referred to in this Agreement are, by refer- ence, incorporated herein for all purposes. 13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 14. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 15. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there -are no oral or collateral agree- ments or understandings. This Agreement may be amended only by an in- strument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 16. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 17. ASSIGNMENT. This Agreement shall not be assigned except with the prior written consent of the parties. EXHIBIT "B" 18. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 19. ARBITRATION. Pursuant to Rule 109 of the Colorado Rules of Civil Procedure, all controversies, claims, or disputes arising out of or rela- ting to this Agreement, or any alleged breach thereof, shall be deter- mined by arbitration in Longmont, Colorado in accordance with the rules of the American Arbitration Association then in -effect. The arbitration award shall be binding upon the parties. The prevailing party may file such award with the Clerk of the District Court of Boulder County who shall enter judgment thereon. If such award requires the payment of money, execution shall issue on such judgment. The expenses of witnesses for either side shall be paid by the party producing such witnesses. The cost of the stenographic record, if any is made, and all transcripts thereof, shall be prorated equally among all parties ordering copies thereof unless they shall agree otherwise, and shall be paid for by such parties directly to the reporting agency. All other expenses of the arbitration, including the expenses of the arbitrator, and the expenses of any witness or the cost of any proofs produced at the direct request of the arbitrator, shall be shared equally by the parties, unless they agree otherwise or unless the arbitrator in his award assesses such ex- penses against a particular party or parties. 20. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respectiv_e legal representatives, successors, and assigns; provided, however, that nothing in this para- graph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized herein. 21. DATED: (11) . ATTEST LONGS PEAK WATER ASSOCIATION By Assistant Secretary President OWNER • (12) CONTRACTOR (13) D=B:nj LPWA87123 y . 4 a: , EXHIBIT "B" r) 4z . -' G2 I _ CI L'dki „ /12' -y ( �i £ „ZA : N ..Z „b II' _ d c4 • v _ atilt I, I .. •., (7 9 b/11 N 8 . \� 1 IAD1 .tr: ' �' r'e: ii'97Th2 2 t'08 3NIl A1Nf1W % col It I O w N H in o WI I „1 . .._ ,� Q _ '1S H1511 N y 1-- - bhp" `��,�•�- � • L82 AMH Q --colC7)h ..+re ) 02 I A ON� J.L.H1S6 Z_ �. Z O 0 ` 1 J I _ct • I/ • 2 a1I eo • .• M / ` " r� I ,I. . 7127 :AS H15L\� çt RECEIVED JUN 1 s 1937 I.'•_GS i'L_.\f: 6:Ai,R ASSOCIATIHN EXHIBIT "B" :•."iICLE 1 . • Name, Objects , Purposes and i'ri ac ipal Place of Business. r:rpurate n.:'n:,, the objects and purposes and the , rincipal place of business t : :. ..o?.p`:,^ shall b..' c!:,': shall bi : ; into �Iin and provideheby the Certificate el. Incorporation of ehc the l hire nd e ei - cr of ico„offilder f Secretary of State of :.s of ti Mate of , eloradu• County and Weld Count., Cole, .:.;o�lasado and requiredhe byoth�ce ARTICLE II. Seal The seal of this Compan•, shall have inscribed thereon the name of the Company end the words "Seal" and "State of Colorado", ARTICLE III. (:me,-led - March 14, 1970) Membership 'ASSES Of MET4;≥_'Si1l: Section 1 . ,nhc: shi in P this Company shall be divicec' into the followin, classes: a. Residential embershi s. ( ! ) ^efini[ions Lion is refined to a structure residence for the normally purpose of this Waterrusep lrsthisa- asidential classification may also includeothepfollowin ed by one family, Water use under this raising; a business if such business is operated aih n a burins saiflsu abdo=occupant arm ofetheires aen liandtock Y the residence by the te sameof the residence and common ownership of the person holding are situated in the structure oo uiuer the units owned and occupied by one famil shallthe residential membership.,hall meet the residential membership requirements. mebe classified as a residenceCandoeachuunit quirements, (2) Memb e rship Fee - The rt,_,i6ential membership cmbership shall be as fixes, from time to time by fee err ip conditions l shall be uniform m as applied fee and other Directors. Such u conditions membership of -et b� uniform as to other membership to all residentialAticle Pt ahips,hbutneed classifications in this Article provided, (3) Rates - Residential mem)erships shall be 'f :�a[er from the lines of the cam Pf rates as fmithe, from s fine to ompytassessed and charged for monthly the -use company as measured through a meter at such a rate ell he uniform as applied to all residential memberse Board of hips, but to other membership classifications in this Article Such rate or rates memberships, but need not be uniform as provided, '.4) Service Connections Each service connection for a residential membership ..11 he a 5;8" x 3/4" meter service connection to the distribution lines of the compan, ',".:ss a larger connection is granted by action of the Board of Directors and upon such conditions as may b . fixed by the Boar.; of Directors, from time to time. 87 1.c, ""'7 . .:uss and Li . '; om:nc•rcidi H. rikurshi EXHIBIT "B" ( 1 ) Definition: - :usiness and Liy,ht t.tnnm .acial for the purpose of Chi�, : . mbcr_ cl ; ification is fined to induce all users of. 100,000 gallons per month : less suLh use is not iIL ...Je iu the Rei.irntial, Multiple Housing, Industrial or .:ccial • me-�.ership class ii ' itions. A sin�le business and commercial membership may Le granted Co cover more than a sr:.gle enterprise it grouped in a single complex by nature of ovnaer- shi.. or construction f2) Membershir Fee - The Business and light Commercial rs mbership fee and other n:.litions of membershi ;. shall he fixed from time to time, by tho Board of Directors. ;uch membership fee an, conditions shall he uniform as applied to all business and light commercial memberships but need not be uniform as to other membership classifications in this Article provided, (3) Rates - Business and Light Commercial memberships shall be assessed and charged for the .use of water from monthly rate or rates as fixed, from time to time, by the Board of Directors. Such rate or rates shall be uniform as applied to all Business and; Light Commercial memberships, but need not be uniform as applied to other membership classifications in this Article provided. (4) Service Connections - Each service connection for a Business and Light Commercial membership shall be of sufficient size, as determined by the Board of Directors, to provide an adequate supply for the intended use. Should a larger service connection and meter be requested than is normally provided by the Company, the Board of Directors may authorize and direct the installation of such larger service connection and meter upon such acitional terms and conditions as the Board of Directors may provide in authorizing such larger connection. c. Multiple Housing Memberships. l) Definitions - Multiple Housing for the purpose of this membership classifica- tion is defined to be those structures which contain living facilities for more than one family and include, but not limited to, duplexes, triplexes, quadriplexes, apartment houses and mobile homes (which are situated in a municipal or county approved mobile home par:: and in which the parking spaces are rented or leased for a term not to exceed 10 years) . (2) Membership :The - -The Multiple Housing membership fee, and other, conditions of membership, shall be axed, from time to time, by the Board of Directors, Such member- ship fee and conditions shall be uniform as applied to all Multiple Housing memberships hut ne;: not be uniform as to -other membership classifications in this Article provided. (3) Rates - Multiple Housing memberships shall be assessed and charged for the :sc or ,cater from the lines of the company as measured through a meter at such monthly :ate or rates as fixed, from time to time, by the Board of Directors. Such rate or rates hall be uniform as applied to all Multiple Housing memberships, but need not be uniform s applied to other membership classifications in this Article provided. • (4) Service Connections - Each service. connection for a Multiple Housing member- ship shall be of sufficient size, as determined by the Board of Directors, to provide an _equate supply for the intended use. Should a larger service connection and meter be requested than is normally provided by the Company, the Board of Directors may authorize and direct the installation of such larger service connection and meter upon such addi- tional terms and conditions as the Boari of Directors may provide in authorizing such larger connection. • -2- • 8 n ' r d..E.i�J e_. .. EXHIBIT "B" IJustrial and Heavy imercial Mumberships. ( 1) Definitions - Industrial and Heavy Commercial for the purpose of this membet- .. ip classification is defined to include those users who require in the operation of an rprise the use of more than 100,000 gallons of water per month for Industrial or Com- -• ial purposes. Such determination shall be made by the Board of Directors upon in- _unnation furnished by the applicant and such other investigation as the Board of Directors :hall deem advisable. (2) Membership Fee - The Industrial and Heavy Commercial membership fee and other . .:,:itions of membership shall be aS fixed, fr;-m Lime to time, by the Board of Directors. .: h mec:b,rship fee and conditions shall be uoiferm as applied to all Industrial and • -.Ty Cer:ercial Memberships 'vat need not be uniform as to other membership classifications this Article provides. (3) Rates - Industrial and Heavy Commercial Memberships shall be assessed and charged for the use of water from the lines of the company as measured through a meter at such monthly rate or rates as fir•.eu, from tim_ to time, by th3 Board of Directors. Such rate or rates shall be uniform as applied to all Industrial and Heavy Commercial memberships, but need not be uniform as applied to other membership classifications in this Article provided. • (,4) Service Connections - Each Service Connection for an Industrial and Ihravy Commercial membership shall be of sufficient size, as determined by the Board of Directors, to provide an adequate supply for the intended use. Should a larger service connection and meter be requested than is normally provided by the Company, the Bord of • Directors may authorize and direct the installation of such larger service connection ana meter upon such additional' terms and conditions as the Board of Directors may provide in authorizing such larger connection. e. Special Use Memberships. (1) Definitions - Special Use for the purpose of this membership classification is defined to include Churches, Granges, Non-Profit Civic Clubs, Schools, Fire Depart- ments or such other use of similar character or purpose, not operated for gain or profit, as the Board of Directors may approve and accept. (2) Membership Fee - The Special Use membership fee, and other conditions of membership, shall be as fixed, from time to time, by the Board of Directors. Such mem- bership fee and conditions shall be uniform as applied to all Special Use memberships Let need not be uniform as to other membership classifications in this Attic_c provided. (3) Rates - Special Use memberships shall be assessed and charged for the use of water from the lines of the company as measured through a meter at such monthly rate rates as fixed, from time to time, by the Board of Directors. Such rate or rates shall )e uniform as applied to all Special Use memberships, but need not be uniform as applied L.0 other membership classifications in this Article provided. ( ) Service Connections - Each service connection for a Special Use membership shall be of sufficient size, as determined by the Board of Directors, to provide an •iccqu.3te supply for the intended use. Should a larger connection and meter be requested than is normally provided by the Company, the Board of Directors may authorize and direct the installation of such larger connection and meter upon additional terms and conditions ... the Beard of Directors may provide in authorizing such larger connection. Section 2. Except as otherwise provided or limited in Section 1 of this Article III, :he rights, obligations and privileges of each member, irrespective of class, shall be tri 23'7 -3- EXHIBIT "B" ' •t ' ythen ,.t • . tit,{+ sc B:-L“ apply Co I .tnu In ca clt :ucml...r .p. : c•• r cla,•s. ('" : ' I `:RI:ILSI111' '.OVISTIiNS Sect ; ,n 1 . Persons who reside within the ar. a served by this company and, consider- ng the needs of users t.no may already be members, for whom the company has an adequate • ';'Iv .,l ',ater and can :.•rve without undue hard hip, inconvenience' or expense, who , • alifv under the Certif 1c of Incorporation and By-Laws of this Company, shall be 1l ible tor membership :pou application in such form as provide by the Company and up, Went of a : .embership fee as may be fi x•d, from Lime to time, by the Board of Di . ,•ctor: . Section 2. Each membership in this Company shall be entitleu to one service connecti::t jib the company's system. Section 3. All applications for membership shall be passed upon and approved or tisapproved by the Board of Directors at a regular or spccial boa;d meeting. No applica- -ion shall be approved except in accordance with the provisions of the Certificate of Incorporation and By-Laws of the Company relating to membership. • Section 4. In addition to all other requirements for membership, no person, firm or corporation, public or private, shall be granted membership in this company unless the property which shall be served by water under said membership shall be situated and in- Llu :cd •:ithin the Northern Colorado Water Conservancy District in accordance with the rules anc regulations of said District now ur hereafter in effect, and upon application, Lie :applicant shall furnish evidence satisfactory to the company of such inclusion. ice tion S. No member shall be entitled to receive water service, anti the company, through appropriate action of the Board of Directors, may suspend water service to any member where the property served by water under said membership is not included within the Northern Colorado Water Conservancy District in accordance with the rules and reg+.: '. tons of said District now or hereafter in effect, until such time the member shall •nrnish evidence satisfactory to the company of such inclusion. Section 6. Each member holding a membership and in good standing and having paid -...ater charges, assessments, shall be entitled to transfer such membership upon a of the property to another person, firm or corporation and the transferee shall be entitle., to the same rights and subject to the same obligations as the transferor member end to the same water service, provided, however, that a membership issued for use with • particular household or parcel- of land shall not be transferred to another person Lot .ISe in ::bother household or parcel other than that for which the membership was origina::I -: issued, unless such membership has been cancelled by action of the Board of Directors, : been sold by the holder thereof to the corporation or otherwise approved by the Board of .'irectors. ARTICLE IV. ec. _-:a _ . (Amended - February 18, 1961) Annual meetings of the members for the • belt... 2 :irectors and for other business which may properly come before said meetin_ :211 .:t • ibert.: Hall Grange, County of Weld, State of Colorado, on the 3rd Saturday at 2:00 o'clock P.M. of each year, Public notice of the time and place of 5• 3i n,:tins shall be given by the Secretary' by publication in one or more newspapers ;'•.tblishLu in Boulder County, Colorado, such notice to be published at least once not more than thirty (30) days, or less than ten (10) days prior to the date fixed for said meetin , and by riving at least thirty (30) days written notice of said meeting by depositing a copy of�saic notice in the Post Office, addressed to each member at his place of residence .:s the sant -ppears on the. records of the Company, or by uelivering such notice personally to each mc -:'er. aT EXHIBIT "B" ion 2. Directors. The nuaH'• rs -.ball vote by brllot tor the incoming directors. : be nominated ;inJ .. conded ;;ithnut limit by the members. fter nominations : -c : :larly closed each mr•ber in ;;cod ::lauding will h given a :. lip of paper upon hy will write the preferred names. fhc ballots will then be tallied by a committee ,,. •-.ree appointed for that purpose and the members receiving the highest uun:ber of votes , . I be declared to be the newly elected directors. ion 3. Special Meetings. Special mect ;ngs ot it . members may be called at any . . the !'resident , or by a majority of the directors. The President , ot , in his cc , the Vice- Pt vsident , shall. call .r special meetiui. upon the written petition of • - bird of the meI:hers of the Company. Notice ot special meetings shall specify the ss to be transacted thereat ant, shall be ^iven as in Section 1 of this Article pro,. ided. Section 4. (Amended - February 17,1979) Quorum. One-tenth of the membership of this Company present either in person or by proxy shall constitute a quorum for the transaction of business at any annual or special membership meeting. If such a quorum is not present, the meeting may be adjourned from time to time 'by a majority of those present, provided that such meeting may not be adjourned for a period to exceed sixty (60) days for any one-adjournment. Section 5. Order of Business. All membership meetings of the Company shall be governed by Robert's "Rules of Order". The Order of Business at all membership meetings shall include, as far as possible: 1. Roll Call 2. Proof of due notice and determination of quorum. 3. Reading and disposal of any unapproved minutes. 4. Nominations for vacancies on the Board of Directors. 5. Report of Board of Directors by President. 6. Report -of Secretary. 7. Report of Treasurer. 8. Unfinished business. 9. New Business including levying of assessments. 10. Election. 11. Adjournment. Section 6. Voting Rights. Each member shall be entitled to only one vote, irrespective of the number of memberships held and the number of service connections utilized by such member or of the. classification of memberships which may be provided by these By-Laws. Voting by proxy will be permitted. Cumulative voting in the election of Directors and in other matters regardless of mature shall be prohibited. (Amended - March 14, 1970) ARTICLE V. Directors Section 1. Functions of the Board of Directors. The business and affairs of this Company shall be managed by a Board of eight (8) Directors. Its functions shall include :h: (a selection of and delegation of authority to manage; (b) determination of policies r gui .:nce of management; (c) control of expenditures by authorizing budgets; (d) keeping f ;.remners fully informed of the business of the Company, (e) causing audits to be made at least once each year, or oftener, and reports thereof to be made directly to the Board; str - Ing the requirements of members and promoting good membership relations; (g) pre- scribir ' the form of membership certificates, and (h) enforcing the collection cf assess- Tents accordance wirn the laws of the State of Colorado. • EXHIBIT "B" Sett run 2. El-ection of officers. The Board of Directors shall elect by ballot one of its :--'.-:cbers to be -President and one Vice-President, and shall also elect a Secretary- `.-e,isut.-: , who need rot be a member of the Board or of the Company. Section 3. Term of Officers. The elected Board of Directors shall consist of three - 'hrs elected for a term of one year, three members elected for a term of two years and -wo members elected for a term of three years. Thereafter members to fill vacancies will ,,lee :ed for a term of three years. .:* inn Compensation of Directors and Of ficers. The Secretary-Treasurer may be ::!id r :+scnab'_e remuneration for services rendered as fixed by the Board of Directors. The Directors and other officers shall receive such compensation for their services as shall he fixed by the Board of Directors not to exceed the total sum of $240:00 per year fc. eacii • :ch iirector of officer. (Amended - March 14, 1970) Section 5. Meetings of :-:ae Board of Directors. Meetings of the Board of Directors shall be held at such regular intervals as the Board shall ::ete.atit.c and shall have its annual meeting immediately succeeding the annual meeting of the members at which time the officers of the Board are elected. A majority of the Board of Directors present in ,•c-rsen a: any meeting of the Board shall constitute a quorum for the conduct of business thereat. _.,.cif ,n 6. Power of the Board. The Board of Directors shall have the general power t,. : the Company in any manner not prohibited by statute, or by the Certificate of r:"or ..:ion. If the Company shall at any time borrow. or receive by way of grant any prop,rt : from the United States, through any of its agencies, the Board of Directors shall pure..•. Bach ra•',agement methods, including accounting and audits, as such agency may - -es, ribe. Section 7. Vacancies. When any vacancies shall occur among the members of the Board of Directors by death, resignation, or because such vacating director has ceased to be a :::ember of the Company, suc%t vacancy shall be filled by the remaining directors by the selection of a member of the Company, who shall serve as a member of the Board until the election of directors at the next ensuing annual meeting of members. ARTICLE VI. • Officers Section 1. Duties of the President. -The President shall preside at all meetings of the Board of Directors. He shall execute membership certificates, notes, bonds, wort- gages, contracts, and other instruments on behalf of the Company. He shall be ex-officio a member of all standing committees and he shall have such powers and perform such other ::uties -_s may be properly required of him by the Board of Directors. Section 2. Duti,es of Vice-President. The Vice-President shall, in the absence of or disability of the President, or in the event of his death, resignation •or removal from cifice, perform the duties and exercise the powers of the President. fen 3. Duties of the Secretary-Treasurer. The Secretary-Treasurer shall keep recc•r: of the proceedings of the Board of Directors and shall keep the books and records 1 the C.::-:_'any and the sael of said Company and shall attest the signature of the officials f the :c- an', executing documents on behalf of said Company; shall collect all assessments 'ec :ones:_ ue the Company and deposit the same in the depository designated by the Board ' irecto:s dud shall disburse funds on the proper order of the Board, and shall make a EXHIBIT "B" • ;ort of thy• business transacted by him annually, or oftc-ner if so requi . by the r:: of Directors or the President , and he shall do and perform such otL&: L Julies and Iui ctiuns as may tie requited of him by the Board of Directors or the President. The S, cry-tarp•-Treasurer shall he covered in the _performance o1 his duties by a surety bond it in amount to be determined by the Board of-Directors. The premium for such bond shall be paid by the Company. • Section 4. -Duties of Members. Members of the Board of Directors shall attend the m,•eiin_s and participate in all business that confronts the Company. They shall be en- title to one vote at the Board of Directors meeting. -ction 5. Appointment and Duties of Superintendent. The Board of Directors may appoint, in addition to the officers above-named, a superintendent of the domestic water system who will be in charge of the work of construction, maintenance and repair of the system of the Con .any and of the distribution of water. He shall make to the Board of Directors a monthly report showing the condition of the system and the amount and character of work done during the previous month. ' He shall certify to the Secretary- Tteasurer monthly the time spent by himself and by each laborer in performing work in behalf of the Company. The compensation to be paid for the performance of duties of the superintendent and any laborers, or any assistants he may hire shall be in an amount to be determined by the Board of Directors. • ARTICLE VII. Section 1. Water Charges. The Board of Directors shall establish a schedule or schedules of charges to be made for water delivered to its members. Such rate schedule or schedules shall establish a minimum charge for each service connection for each month or other stated period of time, the amount of water to which each service connection shall be entitled for the stated period of time upon payment of the minimum charge and the rates for amounts of water delivered during such period in excess of the maximum limit set for the minimum charge. (Amended March 14, 1970) Section 2. Assessments. If at any time after the establishment of the schedule or schedules of water charges by the Board of Directors that the amount of money derived, or which may reasonably be expected will be derived from the collection of water charges during the year will be insufficient to pay when due all costs incident to the operation an:: maintenance of the system and the payment of the debts and obligations of the corpora- tion, the Board of Directors shall make and levy an assessment against each membership held in the corporation so that the total amount of such assessments, together with the amounts collected, or reasonably expected to be collected, from water charges is suffi- cient to insure payment of all costs of operation, maintanance and payments of indebtedness . r other axpenes of the corporation which will become due during the ensuing year. ( - .eneed _-, 1970) • Sectien _1. Collection of Water Charges and Assessments. in the event payment by any member of water charges and assessments remains delinquent for a period of 30 days after the due cate of water charges as fixed in the rate schedule adopted by the membership, or for a period of 30 days after the due date of any assessment as stated in-the notice :hereof, the Board of Directors is authorized to withhold the delivery of water to such , el inquent member until such delinquent water charges or assessments are fully paid. Should the ielinduency in payment of either water charges or assessments continue after the above .tared 30 Jay period, the Board of Directors, upon 60 days' notice of the delinquency given hy :nail adJressed to the delinquent member at his latest post office address as shown in the records of the corporation, may bring suit in a court of competent jurisdiction against the delinquent member to recover the amount of such delinquency and the cost of such suit, r may sell the membership of such delinquent member, paying any surplus above the amount -f delinquency and the cost of the sale to the delinquent member. -7- A'I.I !CUE VIII . EXHIBIT "B" Membership Ccrrtitic: Les • !ion I . Form. -the Membership Certificate of this Company shall be in such form as is irnvit;ed and approved by the Board of Directors. Section 2. Membership Book. As a !fart of the records of the Company there -shall be h. r a Membership Book, which -:hat1 contain a list of the certificates of membership O!,ic" h '.ee been issued, noting i!ic ntn:s 'r of the -certificate and the date thereof and tl . O1 the person to •.:hom issued. S criea 3. Transfer of Membership. Certificate-8 of Membership may be transferred and the transfer shall be noted on the Books of the Company to such transferee upon the surrct;.iet of the certificat_e properly -endorsed. No transfer of membership shall be valid until all of the indebtedness _owed to the Company is paid or adjusted to the satisfaction of the -Board of Directors. No transfer of membership shall be valid when made to a transferee who is not eligible for membership, as provided in Article ft of these By-Laws. • Section 4. Membership Rights. Each membership certificate shall entitle the holder thereof to one -service connection with the water system of the Company, and each such service connection shall be entitl:'d to proportionate amount of Mater available through the system for any season as that service connection bears to the total number of service connections with the system. The rights, interests, obligations -and duties represented by each membership certificate shall be equal. ARTICLE IX. Article IX repealed March 14, 1970. ARTICLE X. • -Amendments These By-Laws, or any section or Article thereof, may be changed,- amen-ded or re- pealed at any regular members"meeting, or any special meeting of the members held for tt'at purpose, provided notice of such proposed change has been incorporated in the call for such meeting. ARTICLE XI. The private property of each member or of any of the members, or of all of them nl 1 not be subject to the corporation debts to any extent whatsoever. • _g_ . DEPAR ENT OF PLANNING SERVICES a ti ,r PHONE(303)356-4000-EXT.4400 �= 91510th STREET 7r .41� GREEDY,COLORADO 80631 • �.gii �V EXHIBIT "C" COLORADO CASE NUMBERS-277:87:4 • May 12, 1987 TO WHOM IT MAY CONCERN: • Enc7-used in , a Petition from CRS Investments, Incorporated, ' (Bay Shores Planned _Unit Development) fox a sketch plan. -• The -parcel of .land is - descri-bed as -part of the Ni • of Section .3, T2N, R68W of the 6th P.M., Weld I _County,. Colorado. The location of the parcel of land for which -this • application .has been submitted 1s -north of State Highway 119,.south- -of geld County toad 26, -and approximately one mile east , of Weld County Road 1.` - .. This application. is-submitted- to your office for review and' recommendations. Any comments or recommendations you consider: relevant to this request would,- • be appreciated. Your prompt reply .will help to facilitate the processing of:. the -proposal and will ensure prompt -consideration of your recommendations. _ Please reply by May 27,- 1987, so that we may-give full-consideration to your - recommendation. Please call Brian J. Bingle -if you have-any questions aboutthis referral. -Thank you for your help and :cooperati-on in this matter. Check the appropriate boxes below and return 'to our -address listed .above. I1-. / . We have ieviewed this request and find that the request (does/duoc nos ) -comply with our Comprehensive Plan for the following reasons.' 'Pub OCT 'rt'BOuaM ' ,J 26o ,e,c,. n CaPRLRru.lht laird lab! i�1j12 ri-ac .f..A • d ' n r s• ,� 2. We do not have a Comprehensive Plan, but- we feel this � . request (is/is not) compatible with the interests E. to --Cr� of our town for the following reasons: r g j ..c Y- 3. ✓ We have reviewed the proposal and find no conflicts with Our interests. C;• vppt.l f'n ta. 'n„-. tS A'8Lc lit, SPYJcz 'TAO DL•0Lw"MEw7; f W4 1ibc i",.F'.r?ell -to 'Do Yo . - 4. A formal recommendation is under consideration and will be Submitted to you prior to: 5. Please. refer to the enclosed letter. Signed 7'w '977 c�c—� Agency:Sr. WA,„.% sa*.Jcrozr,D.0 �v'rM1icr- Date:_.O//1/7v C 2 S INVESTMENTS I C. 1333 WEST 120TH AVENUE RECEIVED JUN 1 6 1987 SUITE 308 DENVER,COLORADO 80234 EXHIBIT "D" (303)457-3775 le 7 June 12 , 1987 Mr . Jim Vetting Union Reservoir _Company 22760 Weld County Road //54 Greeley, Colorado 80631 Dear Mr . Vetting : I just wanted to memorilize your telephone conversation the morning of June 12 , 1887 . _CRS Investments I-nc . (CRS) is willing to -work with Union Reservoir in resolving as many of the issues of concern as pnssi-le contained in Donna L. table ' s letter of May 27, 1987 to the Weld County Department of Plannizlg . CRS has attempted in the past to resolve these concerns but to no avail . We believe that there are many mis-statements eontain-ed in the letter of May 17th , but if Union -Reservoir continues to refuse to meet or have convers-ation with CRS , it is impossible for us to try to resolve these conc-erns . If your board is interested in a meeting , please contact me by phone at 457-3775 or by mail . Sincerely , CRS INVESTMENTS INC . Kim Collins K_C/kel cc : Department of -Plan-rd.-rig , Weld County Harvey Curtis , Esq . Mr. Vern Nelsonr/ 87 237 MEMORANDUM OF AGREEMENT EXHIBIT "E" The Oligarchy Irrigation Ditch Company, and the Lower Oligarchy Irrigation Ditch Company, and C.R.S. Investments, Inc. , by this document set forth the general terms of an -agre-ement reached in May , 1987 , concerning the Lower Oligarchy Ditch as occurs in Bay Shores -P.U.D. , Weld County, Colorado. The basic terms to which the parties will agree are as follows: 1. Upon final platting , the Oligarchy Irrigation and Ditch Company (t-he "Company") will obtain the liability insurance coverage at the present premium price of $960.O0 per year for the 5500 ,1300. 00 basic coverage and a $1, 000, 000.00 _umbrella. C.-R.S. Investments, Inc. will reimburse the Company tor this policy and any inrreas-et, in__acrav L—,,.:pr_eraisipscIA:geatter., The homeowners association -t-o be formed for the Bay Shores P.U_D. would be the successor to that reimbursement responsibility The Board of the Ditch Company shall have the right to annually review t-h-e coverage and if it determines the cover-age is inadequate, it shall notify the homeowners association of the increase it -desires. If the association objects, the -dispute shall be submitted to an arbitrator at the association's sole -expense. A subdivision c-ove-nant as well as a note on the first page of the final plat -will provide that if for som-e -reason the homeowners association ceased to exist or failed to make -t-h-e payme-nt, t-hen that -payment would be a liability of the lot owners on a pro rata basis. For,::pur pose s-pf. this,agre�em�n.t he. pa e_s:;agree_that pro=sata ,�aTiSz eachzatotriarthe--p.U,D:-shall.pay.-an=equa. :sham=off the=btla—f-b=ust a:dct, The Oligarchy, it addition, shall be entitled to recov-er costs an-d attorney's fees incurred in collecting unpaid amounts' from any lot owners -who 'do not voluntarily pay their assessment. 2. -Thezzpart:ieu.ncls rs t a nd--a nd--a.at-e_elaa.t.lasays1_ pi a residelIt•i-3=sv iv-rszlon'yarduridrai-Pa r•1 L-:art=di s gg "i risle-to=th�O1z arch tch= itnaa or-i-z e 9 I—for.�.sabi�=it�esu3-t-ing�f-.r��taaiithorized use=ofr-theeditel by.=7residents.--of the.subd3u.:isaon=and=r-other-tpeonle attracted=C4=t hQ-area.—C:R:s:y=fbt�it se i=f�xtrditssuncessorsin interestY._specif rally.:_the�.Homepwners,Associat.ion, agreQ$__to indemnifyr save.and:_hollizthe-.O1igarchy=harmles's l-oiii nyzcla.ims;, •damages;=costscandt.1.iabilityrcinciudingacreasonalb_l-erat rneyts -.fee-s, . whichrmtay__be_:assertedraga'iristrand-zincurredk by -theziligarchy as-a- resu1t'zof any-peYgtin_:or-if .-in-th-e-rdiEch, unless- suc'injuryes--direct r=Cause-d:1:by.:_the megligenceavf the, O1. igarchy,—its -agents-and::employee.s_., 3. C.R.S. Investments, Inc. agree-s to reimburse the Company's future cost for the engineering review of drawings hereafter prepared by C.B.S. Investments, Inc. for a relocated O1 igarchy Bit-ch. The maximum amount of $ 1, 000.00 would be paid by L.R.S. Investments, Inc. for those fees. Payment=-sha-l-l:cbe made=withint,thirty-z--dayszzafter_e.:R;S .is_.not- fied=of=thafees. 7 1 (171 92,y EXHIBIT "E" 4. Within thirty days after the final Board of County Commissioners hearing on the Bay Shores P.U.D. application for rezoning to occur later this year, C. R.S. shall pay to The Oligarchy the sum oft L$3, 500100- regardless of whether the _County Commissioners approve or rej-ect the rezoning request. "Tn/ddition,. if the` rezoning- re-quest --approved;'_.the^atto-rrieys-for "C. R.--S. and the •Ol icjarchy shall prepare .a more- formal- contract /Incorporating the agreement -of_ the parties: IC.R.ra-- tees- to- ,reimburse The Oligarchy for attorney's fees incurred in preparing fie final draft of the a ;reementon. be-half. of_theOliaatchy_up _to maximum -of $1 , 500. 00. 5. The Company will continue to be responsible for -all mai-me-nance of the ditch. 6_ If the Oligarchy Ditch is relocated , C. R.S . Investment-s, Inc. will grant by quit claim _deed, a fee simple interest to the Ditch Company for . a rod ( 16.. 5 f-eet) in width _on each_ side of the relocated ditch, 'knee- ssur-ed �fzomt•Cie fch bank on teach sidd 7. The Oligarchy Ditch across the Bay Shores P.U.D.- will be li-ned -at t.R.S.'s -expense. The lining will be concrete unless another type of lininig is a-pproved in writing by the Company_ Ditch relocation and lining will be accomplished it t-hree -sections of the ditch at the time d-evelopment begins i-n each affected area. Such relocation construction Mill include protection for the ditch so that water will leave -Bay Shores and enter the present Dl igarchy Ditch on property to the north of the dev-elopment at historic velocities to avoid injury to the ditch. The relocation will be accomplished in three sections of the ditch located in different areas of the -Bay Shores property: a. The first section will be the ditch running easterly from the south boundary of the Bay Shores p.U.D. property in the northwest quarter of S-ection 3 to and including the ditch crossing under Weld County -Road No. 3-1/2. b. The second section will be the ditch from County Road Na. 3-1/2 running easterly to a point 150 feet down ditch -of the second hea-dgate of J.C.K. Farms, which headgate is located in the -south half of the northeast quarter of Section 5- c. The third section of the ditch to be relocated -.ill be the remainder of the ditch on t-he Bay Shores P.D.D. property from the second headgate of J.C.K. Farms easterly to the east section lire of Section S. .o 77 EXHIBIT "E" gf the ditch is lined in sections , C. R.S. expressly agrees to provide such structures and may be required to transfer the wate-r from the lined to the unlined section of the ditch to avoid any washout or other damage to, the old ditch, C. R.Q. shall be bound to begin and to accomplish these improvements only upon development of its property in each of the sections. Such relocation will be accomplished in the winter period between October 1st and March 1st of etch year, unless work at other times is first approved in writing by the Board of Directors of the Oligarchy Ditch Company. tf fox: ome reason..... not' 'completed by _ March 1st , C.R.S. wilj_.insuref that..wite.r will be ' \delivered to Lower Oligarchy shar holders when called, and C.R.S. will be liable for any. damages suffered by the Lower Oligarchy isharehol-d-ers, including. crop...loss, ,if,,wates. is not c.availablo__ for `delivery because of.the -.ditch__relocation ,and.. lining work? 8. The Oligarchy Ditch will only accept historic flows of drainage water into the ditch from the Bay Shores P.U.D. 9. C.R.S. Investments, Imc. will employ a licensed engineer to design the relocated and tined ditch and any velocity protection structures.. C.R.S. Investments, Inc. - will then submit the pla-ns to the Company for a review by its engineer of the plans -and for approval of the specifications print to construction. The expense of this review would be compensated as stated above in paragraph two. 10. In consideration of ata of the above wit-hdraw agreements, the Oligarchy irrigation and Ditch Company will draw its objections to the Bay Shores P.B.-D. rezoning proposal and submit a letter to Weld County stating it has resolved -all concerns with the rezoning proposal and that it has no objection to approval by the County. C-R.S . INVESTMENTS Bye Kim _Collins, Vice President Date OLIGARC-HY IRRIGATION AND DITCH COMPANY • By: , c-<-., af,f30, /9 Date 0.71237 3 w C : S INVESTMENTS Ii 1333 WEST 120TH AVENUE SUITE 308 DENVER,COLORADO 80234 EXHIBIT "F" (303)tt„ga 457-3775 kpril 27 , 1987 Mr . Richard Hamm 14.1 El -hurst Lane Longmont , Colorado 80501 Re : Say Shores P . U .D . - JCK Farm, Ltd . Dear Mr . Hamm: • This letter has been revised per our conversation on April 27 , 19$7 arid I think adequately sets forth the agreement between JCK Farm and CRS Investments Inc . (CRS) . 1 . CRS recognizes the existing easements for lateral ditches of the JCK Farm, Ltd . it the NE2 S5 T2N R68W. If the present location -of the Oligarchy Ditch is chanted , the present northern boundary of the existing lateral ditch easements will be extended to any relocation of the Oligarcy Ditch . 2. At the time CRS developes in an effected area of the laterals Ts- ' in the N£' 55 T2X R68W, at CRS expense, the 3 i,st1tl&s JCK lateral ditches will be replaced with 20" pipes buried in the existing JCK easements . CRS will install at its expense a clean out dui the three DICK laterals that will be no further than 5D0 feet from the relocated Oligarcy Ditch. Any construction by CRS on laterals must occur after September 30 of any year and be completed by the • next April 2 . This is in order not to interfere with irrigation of JCK fields . then the existing laterals have been placed in buried pipes , the existing easements for the lateral ditches shall be interpreted as 10 feet on either side of the pipe line . 3 . Dee.is of record for building sites adjacent to the lateral pipelines shall rec-ognize the easements of the laterals and also specify tb-at there shall be no permanent structures constructed within the easements by any successors of CRS , which structures shall include fences , trees , shrubbery , pavement , and buildings . 871.21172 Mr . Richard Hamm Pace 2 . April 27 , 1987 •EXHIBIT "F" 4 . Upon execution of this letter of agreement , JCK Far- Ltd . and Mr . Hamm agree to write a letter to Celd County stating that they have resolved concerns with the Bay Shores P . U . D . rezoning proposal and that they have no objection to approval by the County . JCK Farm , Ltd . B y Managing Partner CRS INVEST>FE STS INC. By - Kira Collins Vice President • s„ ' 4.441 Elmhurst Lane Longmont, Co, 80501, April 30, 1987 BOARD OF' COUNTY CObl14ISSIONj RS (1t,-. < :• • B 'iJ WELD COUNTY, CO. 916 10th St. EXHIBIT "F" Greeley, Co. 806314 re; DOCKET NO. 86-78 CRS Investments (Bay Shores) 1333 Flest 120th Ave. #308 To whom it may concern: Denver, Co. 80234 Interests and concerns of JCK Farm were stated by Attorney Piller at an earlier hearing of Weld County Commissioner on the Bay Shores project. Recently the concerns of JCK Farm relative to its lateral ditches' easements and being placed in underground pipelines— have been the subject of a satisfactory agreement between CRS and the farm owner-e. The agreement of April 27, 1987 -further specifies that recorded deeds for building -sites adjacent to these lateral ditch easements shallrecognize such easements and specify that no fences, vegetation pavement, -or permanent structure shall be constructed within these easements. JCK Farm leave no objection to Weld County approval of the current Bay Shores P.U.O. rezoning proposal. ? 1. _�—n-n&c1 o— --' Respeet#ully, JCK _� r .1by ( i 1 eri 1.e;. 9rr� 7/- e w�,e managing p`axtner r • 871237 RECEIVED JUN 2 3 1987 EXHIBIT "G" I. July 19, 1987 • CRS Investments, Inc. 1333 West 120th Avenue, Suite 308 Denver, Colorado 80234 Attention: Mr. Kim Collins RE: Bay Shores C.O.Z. Application Pt. of N/2 Section 5-T2N-R68W Weld County, Colorado Gentlemen: Pursuant to our telephone conversation today, Macey & Mershon Oil Inc. is canfortable with your proposal of maintaining a one (1) acre buffer zone surrounding the existing Pietrzak #1 well in the NE/4. The perimeter of the buffer zone should be adequately fenced so as to prohibit entry. The acre zone should provide a sufficient buffer for safety and yet allow production operations to continue unimpeded. In regard to the undrilled location in the NW/4, three (3) acres should be designated as a future drillsite and should production commence after drilling, the drillsite could then be reduced to acre described above. Of -rourse Iencing would again contribute to decreasing access by the public. We hope this clarifies the issue of buffer zone requirement. Should there be any further questions or crnments by your -group or the Weld County _Planning Department, please address than to my attention. Very truly yours, MACEY I& MERSH N OIL INC. Atek Scott S. McKinley Landman SSM/blm 87 123 MACEY & MERSHON OIL INC. SUITE 2150 • 1600 BROADWAY • DENVER. COLORADO 80202-49707 13031861 9783 RECEIVED JUN 2 3 1987 I • EXHIBIT "G" July 19, 1987 ' CRS Investments, Inc. 1333 West 120th Avenue, Suite 308 Denver, Colorado 80234 Attention: Mr. Kim Collins RE: Bay Shores C.O.Z. Application Pt. of N/2 Section 5-T2N-R68W Weld County, Colorado Gentlemen: Pursuant to our telephone conversation today, Macey & Mershon Oil Inc. is comfortable with your proposal of maintaining a one (1) acre buffer zone surrounding the existing Pietrzak #1 well in the NE/4. The perimeter of the buffer zone should be adequately fenced so as to prohibit entry. The acre zone should provide a sufficient buffer for safety and yet allow production operations to continue unimpeded. In regard to the undrilled location in the NW/4, three (3) acres should be designated as a future drillsite and should production commence after drilling, the drillsite could then be reduced to acre described above. Of course fencing would again contribute to -decreasing access by the public. We hope this clarifies the issue of buffer zone xeguirement. Should there be any further questions or contents by your group or the Weld County Planning Department, please address than to zmy attention. Very truly yours, MACEY & MERSH N OIL INC. Scott S. McKinley Landman SSM/blm 871237 MACEY & MERSHON OIL INC. SUITE 2150 • 1600 BROADWAY • DENVER. COLORADO 80202-4970 • (303) 861 9183 C , PANHANDLE EASTERN PIPE LINE COMPANY R. O. BOX 127 BRIGHTON, COLORADO 80601 EXHIBIT "G" June 17, 1987 Mr. Kim Collins CRS Investments, Inc. 1333 West 120th Ave. , Suite 308 Denver, CO. 80234 RE: Bay Shores P.U.D. - PEPL 16-10-075-477-4" Pipeline - The Northeast Quarter of Section 5, Township 2 North, Range 68 West, Weld County, Colorado. This letter confirms our discussions regarding the relocation of the above referenced pipeline. The following outlines the provisions discussed regarding this matter: 1 . Panhandle Eastern will place its pipeline adjacent to, but not within County Road rights of way. 2. Due to safety requirements, Panhandle Eastern will not allow our pipeline to be located within a utility corridor. A 15 foot clearance between our facilities and utilities is required. 3. If Panhandle's line is placed 10 feet from a flow line of a concrete curb, access upon that interior street and curb is required for the purpose of maintenance and monitoring operations. 4. No building or structure shall be allowed within 25 feet of our pipeline. 5. CRS Investments, or current owner of the property, agrees to execute a Right-of-Way Grant, 50 foot in width, which will protect Panhandle's pipeline from future encroachments. 6. All costs associated with Panhandle's line relocation shall be borne by the owner or developer. Panhandle Eastern is under a gas purchase contract with Macey-Mershon, Inc. to transport natural -gas from this acreage to the market place. It is dependent upon Macey-Mershon's drilling oppurtunities for future development in the way of drilling wells, which dictate any future ingress and egress of Panhandle pipelines. Final relocation and routing agreement will be prepared and executed at the time of final platting. 871237 EXHIBIT "G" If you are in agreement with the terms of this letter, please acknowledge in the space provided below. Very truly yours, • 9-( Robert J. Clair/1380R/gw xc: RLVogelgesang CLDevinney ACCEPTED: • Date: 4/i., /-7 Coins / 7 Kim l 871217 51 . TE OF COLOR/ ,._DO Richard D.Lamm,Ctne,,.or EXHIBIT "H" REC-9171) JUN Department d Regulatory Agencies Wellington E.Webb,factitive Director L; THE PUBLIC UTILITIES COMMISSION COMonald L4S ` Ronald Lehr.Chairman Adminn,ratgn(303)866-3156 4 • ,A Edythe S. Millet • Tramponatwn(101) 866-4288 Andra Schmidt rued Utilities 1303)866.1181 Counsel(3011 8661188 O[HC[ if V(( 2 Executive A.Se ue4q 1380 LOCAN STRUT Harry Gilligan.),. DINWR.COLORADO 80101 • December 17, 1986 Hr. Kim Collins CRS Investments, Inc. 1333 N. 120th Ave. Suite 308 Denver, CO 80234 Dear Mr. Collins: Re: On site meetin WCR 3 1/2 & Great Western Railwa Co. 's crossin On October 28, 1986 I met with y Pete Ascher at the grade crossing of WCR3u Drew 1/2acrossethen and Great Western Railway's main line track to discuss the -potential impact of your planned development. Based upon the present information available concerning train and vehicle volumes at that location if your development proceeds as discussed, my preliminary recommendation is that the installation of standard flashing light signals and standard advance warning signs would . provide adequate warning at that location. As additional detailed traffic data is developed my initial recommendation could to modified to include the addition of crossing gates. If you have any additional questions, please contact me. Sincerely, Jack Baier Transportation Engineer (303) 866-4286 15338:JHB:nj EXHIBIT "I" TI -IE GREAT WESTERN RAILWAY COMPANY A V�Jn AvC`+uCf� G \ P 0 (iC% 537 S%c' T\ LOVELAND. COLORADO 80539 `"( \\�'• •6' _ . n . -i' C.CCt+TVC OSC.CCR /��'� RApril 28, 1987 FAST_r- 11r Euard of County Commissioners •+eld County Court iiouse - Greeley, CO 80631 Gentlemen: Re: Docket No. 86-78. - This will acknowledge receipt of your notice, dated April 20, 1987, scheduling a public hearing at 2:00 P.M. , May 6, 1987. The Great Western Railway offers a possible substantial change in its position i.e. , 1. In the interest of harmony with the Bayshores developers and the community at large, GWRy will withdraw its objection, providing. . . 2. The Board of County Commissioners will, prior to, or concurrently with possible approval of the Bay Shores proposal, direct the Weld County Road and Bridge Department to place and maintain speed bumps and stop signs in advance of both sides at Great Western Railway crossings traversing Weld County raods 3 1/2 and 26, in addition to any other prescribed devices. The Great Western Railway respectfully suggests that in light of the record in this docket, i.e. , extremely high potential liability to both the railway, and the county; position two (2) above, constitutes our best collective protection against inevitable accident litigation. Yours very truly, John P. Ascher JPA:es cc: Weld County Attorney CRS Investments n„_ Steve Boblak Barbara Japha, Atty. { SERVING COLORADO. OREGON. AND CALIFORNIA 87 +a!'yp INDUSTRIAL SITES AVAILABLE IN OUR EXPANDING MARKET AREAS I . _CEIVED JUN 2 5 1987 _ — — St. brain Valley School District Keith Blue, Superintendent of Schools 395 S. Pratt Parkway Longmont, Colorado 80501 June 23, 1987 EXHIBIT "J" Mr. Rim Collins 1333 West 120th Avenue, Suite 308 Denver, CO 80234 Dear Mr. Collins: Following our meeting and site visit last week I have evaluated the following issues regarding the elementary school site within the Bay Shores P.U.D. Since I met with you I have visited the site again with Jim Berger, Supervisor of Operations and Maintenance. Following the site visit Jim Berger and I met with Roger Driver, Assistant Superintendent of Business Services. 1. Location of the School Site Site A: Preferred Our first choice for location is the site identified on the sketch plan with the following change: we would need to have access to an internal street. When I responded to the referral I was not aware that Weld County Road 26 and Weld County Road 3 1/2 were both to become four lane arterials sometime in the future. We request that the lots be eliminated along either of the inside streets so that we can use a circular bus entrance and exit. We would plan to fence the school site along Weld County Road 26 and Weld County Road 3 1/2. We realize this will result in some change in the configuration of the school site and adjacent lots. We would also restate our request for left turn access onto Weld County Road 3 1/2. Site B: Alternative Our second choice for a school site would be in the location designated as Open Space which is located southeast of the Proposed Realignment of of Weld County Road 26. If it is possible to expand that site to approximately 10 acres we believe that this location would provide a viable alternative. If the alternative site were chosen we would recommend an elevated walking path across the railroad tracks for students living in Parcel B. iCEIVED ,SUN 2 5 1987 St_ Vrain Valley School District Keith Blue, Superintendent of Schools so 395 S. Pratt Parkway lonsmont, Colorado 80501 EXHIBIT "J" June 23, 1987 Mr- Kim Collins 1333 West 120th Avenue, Suite 308 Denver, CO 80234 Dear Mr. Collins: Following -our meeting and site visit last week I have evaluated the following issues regarding the elementary school site within the Bay Shores P.U.D. Since I met with you I have visited the site again with Jim Berger, Supervisor of Operations and Maintenance. Following the site visit Jim Berger and I met with Roger -Driver, Assistant Superintendent of Business Services. 1. Location of the School Site Site A: Preferred Our first choice for location is the site identified on the sketch plan with the following change: we would need to have access to an internal street. When I responded to the referral I was not aware that Weld County Road 26 and Weld County Road 3 1/2 were both to become four lane arterials sometime in the future. We request that the lots be eliminated along -either of the inside streets so that we can use a circular bus entrance and exit. We would plan to fence the school site along Weld County Road 26 and Weld County Road 3 1/2. We realize this will -result in some change in the configuration of the school site and adjacent lots. We would also restate our request for left turn access onto Weld County Road 3 1/2. Site B: Alternative Dur second choice for a school site would be in the location designated as Qpen Space which is located southeast of the -Proposed Realignment of of Weld County -toad 26. If it is possible to expand that site to approximately 10 acres we believe that this location would provide a viable alternative. If the alternative site were chosen we would recommend an elevated walking path across the railroad tracks for students living in Parcel B. C 3 4 EXHIBIT "J" 2. Walk-In Access to the School Site Wherever the school site is located in Bay shores it will be necessary for approximately -one-half of the students (165) to cross Weld County Road 3 1/2--a proposed four lane arterial. We repeat our request for a walking overpass across Weld County Road 3 1/2 to make the school -accessible to both sides o₹ the development. Based our discussions we -would to satisfied with an automatic railroad crossing with arms across Weld County Road 3 1/2. After consultation with other administrators in our district we would like to restate our request for -a 10 acre elementary site located within the Bay Shores P.U.D. and ask the county to hold the remainder of-the dedication requirement in cash. Sincerely, Dorothy Hores, Director Planning, Evaluation and Communication DH/ss cc: Rod Allison 87579 k'r \G� OF THE SrlSt, -✓1:- EXHIBIT "K" 'a:'• 4 GREECE(-OFFICE ,\�t '` 'T FT. LUPTON SUB-STATION • P.O. BOX 759 TLS0 c o° �,1. P.O. BOX 123 GREELEY, CO 80632 �. FT. LUPTAN, CO 80621 PHONE(303) 356-4000 \6� - PHONE (303) 356-4000 EXT. 4690 ED JORDAN (303)8572465 June 19, 1987 Mr. Kim Collins Trend levelopment Systems, Inc. 1333 West 120th Avenue Suite 308 Denver, CO. 80234 Dear Mr. _Collins: This letter -should serve as Confirmation -of our agreement regarding the Bay Shores development project impact upon the resources of the Weld County Sheriff'a Office discussed on June 18, 1987. I have forwarded a copy to Rod Allison of the Planning Department to be added to the Bay Shores file. We agreed that -a Law Enforcement authority was appropriate for your proposed development but that formation of the _LEA -would not -need to _be complete until the final -plat As filed. I concur that this -meets with my approval as long as 3t is clear that a functioning LEA is a stipulation to final construction. If I may be 'of any further assistance please call-me. Sincerely, r / • ED ,JOR SHERI WELD COUNTY EJ:lch cc: Rod Allison, Planning Department 87.237 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELL COUNTY COLORADO P. O. -BOX 758 GREELEY, COLORADO 80632 LaVERN NELSON NELSON -ENGINEERS 520 GREELEY NATIONAL BANK PLAZA GREELEY, CO 80631 t • 1 _ • 871.77 Hello