HomeMy WebLinkAbout990694.tiff CHANGE OF ZONE APPLICATION
FOR
THOMAS LAKE P.U.D.
Weld County Planning Dept.
FORMERLY KNOWN AS: JAN 1 5 1999
COUNTRY VIEW CARE CENTER RECEIVED
5425 WCR 32
LONGMONT, CO 80504
EXISTING ZONING: AG: USR#860 TO OPERATE AS A NURSING HOME/HEALTH CARE FACILITY
PROPOSED ZONING: 1 PUD R4 LOT. 4 PUD ESTATE LOTS
January 15, 1999
OWNER/APPLICANT
William E. Harper
6237 Nottinghill(late
Boulder, CO 80301
303-530-3330
303-530-3371 (fax)
! EXHIBIT
990694
TABLE OF CONTENTS
PUD CHANGE OF ZONE REQUIRED ELEMENTS
1. Cover Letter
2. PUD Change of Zone Overview
3. PUD Change of Zone Application and Application Fee
4. Certified List of Property Owners within 500 feet
5. Certified List of Mineral Owners
6. Responses to Referral Agency Comments
7. Responses to Department of Planning Services Staff Comments
8. Specific Development Guide-8 Major Components
9. On Site Improvements Agreement
10. Home Owners Association-Articles of Incorporation. By laws, Declaration of Covenants
ADDITIONAL INFORMATION
1. Warranty Deeds
2. Information Sheet Regarding Existing Structures
3. Geotechnical Investigation and Geology Report-Anthony J. Wernsman, P.E..
4. Grading and Drainage Report-E. Wayne Wentworth. P.E.
5. Wastewater Treatment Facility Information Sheet
6. Wastewater Treatment Facility Report-Kenneth L. Keil,P.E.
7. State of Colorado Wastewater Treatment Permit(#COG-582017) -Transfer of Ownership
8. Colorado Department of Public Health and Environment-Letter
9. License to Discharge Agreement with Public Service Company of Colorado
10. Commitment for Domestic Water Service-Little Thompson Water District
11. Letter to Mineral Owners-Union Pacific Resources
12. St. Vrain School District-Cash-in-Lieu Agreement
13. Sketch Plan Review Comments-Weld County Planning Department.Referral Agencies
PLANS
1. Final Change of Zone Plat
2. Final Landscape Plan
3. Final Grading,Drainage, and Utility Plan
William E. Harper
January 15, 1999 6237 Nottinghill Gate
Boulder, Colorado 80301
(303) 530-3330
(800) 242-3370
Mr. Ben Patton, Current Planner
Weld County Department of Planning Services
1400 N. 17th Ave.
Greeley, CO 80631
Atm: Mr. Ben Patton
Re: Change of Zone Application and support materials-Thomas Lake P.U.D.
Dear Mr.Patton,
Attached herewith is my application for a PUD Change of Zone for a 10.0 acre parcel located in the SW 1/4
of Section 13,T3N,R68W of the 6th P.M., Weld County, Colorado. (5425 WCR#32,Longmont, CO). The
Sketch Plan was reviewed by your department during October,November,and December 1998,with no
major obstacles to development noted. The Owner/Applicant is William E.Harper. The
Planner/Consultant to the applicant is Todd Hodges of Design Development Consultants,the Attorney to
the applicant is Ken Lind of Lind,Lawrence&Ottenhoff,LLP.
It is the desire of the applicant that the PUD Change of Zone be processed under the Specific Development
Guidelines verses the Conceptual Development Guidelines. I would like to request that a Final Site Plan
Review not be required for the PUD R4 lot since full detail and documentation have been submitted
throughout the PUD process.
The applicant requests that the materials be reviewed together and in the following order as there is
important and overlapping information in these responses;
1. responses to Referral Agency comments
2. responses to the Weld County Department of Planning Services-Staff comments
3. Change of Zone Development Guide Requirement responses(8 Major Components)
4. all materials submitted with the Sketch Plan Review.
I trust that this information is adequate to review the proposal. If additional information or data is required
please do not hesitate to call me.
Respectfully Submitted,
William E. Harper
cc.
Mr. Ken Lind-Lind,Lawrence&Ottenhoff, LLP-Attorney's at Law
Mr. Todd Hodges-Design Development Consultants
William E. Harper
6237 Nottinghill Gate
Boulder, Colorado 80301
January 15, 1999 (303) 530-3330
(800) 242-3370
Planning Commission
c/o Mr. Ben Patton, Current Planner
Weld County Department of Planning Services
1400 N. 17th Ave.
Greeley, CO 80631
Re: Change of Zone and Final Plan;Overview of the Thomas Lake P.LJ.D.
Dear Planning Commission, •
The proposed PUD is for a 10.0 acre parcel located in the SW 1/4 of Section 13,T3N,R68W of the 6th
P.M., Weld County, Colorado. (5425 WCR#32,Longmont, CO). This property is currently in the
Agricultural District and has a USR(USR#860)to operate as a Nursing Home/Health Care Facility. The
facility has not been occupied as a Nursing Home or Health Care Facility since 1994.
The proposed PUD will divide this developed lot into five lots,with one lot being zoned PUD R4, and the
remaining 4 lots being zoned PUD Estate lots. The PUD R4 lot will be approximately 4 acres,the 4 PUD
Estate lots will be approximately one acre each,and the Open Space will be approximately 2 acres.
It is the desire of the applicant that the PUD Change of Zone be processed under the Specific Development
Guidelines verses the Conceptual Development Guidelines. I would like to request that a Final Site Plan
Review not be required for the PUD R4 lot since full detail has been submitted throughout the PUD process.
Due to the uniqueness of the property and circumstances surrounding the above mentioned property I would
like to emphasize several items which I believe are as important, if not more so,than meeting the PUD
requirements. I have however,adhered to all required elements and procedures of the PUD process. The
following is simply an overview of the PUD, specific detail of every aspect is included in Change of Zone
packet.
ITEMS OF SIGNIFICANT IMPORTANCE AND CONSIDERATION
When reviewing this proposed PUD, it is imperative for all persons involved in the decision making process
to strongly consider the following items:
CHANGE OF ZONE IS TO A LESS INTENSIVE USE-LESS INTENSIVE IMPACT
Even though the change of zone will be from Agricultural,to PUD R4 and PUD Estate,it is in actuality,
changing the zoning to a much less intensive use. The change of zone is a very similar,yet significantly
less intensive,use of the site. Essentially substituting one type of housing facility,for another less intensive
type of housing. The basis for this claim is that the existing USR allows this property to be used as a
Nursing Home/Health Care Facility. The approved use is for an 87 bed facility. With the 87 patients and
a 24 hour staff of approximately 95,the total occupancy load is about 120 persons at any one time. The
proposed PUD R4,and PUD Estate lots will reduce the total occupancy load to about 60 persons,a
reduction of 50%. The impact to public services should not be to an extent any greater than already exists
under the use as a Nursing Home/Health Care Facility,and will in most instances be significantly less.
It should be noted that the applicant could have requested the density of the PUD be much greater than that
which is proposed(possibly as many as 16 RI lots+ 1 R4 lot)due to the availability of sewer,water,paved
roads,etc.,but chose not to in order to maintain the rural"character and feel"of the PUD.
USE OF EXISTING BUILDING AND INFRASTRUCTURE
This PUD should not be considered a new development. The plans call for using the existing building and
making minor,non structural changes to the interior of the building,converting it to apartment use. Minor
exterior improvements to the building will not increase the existing"foot print". The proposed changes to
the parking areas and minor additions to the existing landscape should not be considered new development.
The 4 PUD Estate lots will not present a significant impact to any public services,and will not adversely
affect any neighboring property owners.
OBSOLESCENCE OF THE EXISTING USE
Numerous circumstances involving the Nursing Home and Health Care Industry have caused the existing
facility to become obsolete. The most recent use for this facility was as an intermediate care facility for the
developmentally disabled. In 1994 the Colorado State Department of Social Services decided to house state
supported developmentally disabled patients in non-institutional housing. After thorough due diligence it
has been determined that it is no longer feasible to operate the building as a Nursing Home or Heath Care
Facility. This determination was based on several factors;proximity to hospitals and health care,overall
design and layout now required by the ADA building codes(American Disability Act), significant
competition from newer state of the art facilities. In other words,the facility has become obsolete from the
original use, intent and design.
FILLING A NEED
The applicant strongly believes he is filling a void by providing much needed apartments to the area of
southwest Weld County. One only needs to look at the tremendous business and industrial growth along the
I-25 corridor,the residential growth in the surrounding communities, and the projected continued growth to
understand the need for quality apartment housing for middle income families. The closest apartments
available are in Longmont,over 10 miles away.
TURNING AN EXISTING EYESORE INTO A BEAUTIFUL PROPERTY
The existing building has been vacant approximately 4 years,the previous owners failed to properly
maintain the building and landscaping. The building is situated in an agricultural setting and has the rural
"feel" and look of a large"country home", while at the same time having excellent access to 1-25 which is
less than one and half miles to the east, and Hwy. 66 which is about one mile to the south. The location of
the existing building has spectacular views overlooking Lake Thomas, and of the mountains to the west.
The building is in excellent structural condition. The on-site sewage treatment facility, and the existing
infrastructure of the building are also in excellent condition. What is not in excellent condition however,
are the cosmetic features of the building. The exterior of the building is in need of cosmetic improvements.
including repairs to the trim,windows, doors and paint. The existing landscaping and parking areas which
have been neglected, are seriously overgrown, and in need of attention and maintenance. By making much
ne.Med quality improvements to the aesthetic appearance of the existing building, the applicant believes it.
will add value not only to the existing property, and therefore maintain or improve upon Weld County's
property tax base,but will also enhance the value of the immediately surrounding properties,which should
make the owners quite happy.
PUD Concept
The intent is to re-zone the property into five residential lots,with one lot being planned for a multi-family
residence apartment complex, and four being planned for single family residences. The residential,PUD
Estate District lots will be located on approximately four acres. The multi-family, PUD R4 District lot will
be approximately 4 acres and allow for the existing structure to be remodeled into approximately 18
apartments.
I propose to protect the view corridors and mitigate any conflict zoning(PUD R4 and PUD Estate)by
providing an open space area between the boundaries of the two uses. The intent of the of the overall PUD
is to continue to provide the current rural"feel"to the parcel. The proposed zone changes of PUD R4 and
PUD Estate are similar to the existing use and the surrounding land uses. The PUD R4 lot will utilize the
existing structure and provide a much less intensive use than that which the property is already allowed.
The estimates are a reduction of 50%from the existing USR.
Schedule
Construction of the improvements to the interior of the building will begin upon final approval by Weld
County, and are expected to be completed within 6 months. Repairs and minor improvements to the
exterior of the building have already begun in order to prevent further damage and deterioration to the
structure. Improvements to the exterior landscaping have begun already as well,the existing landscape was
neglected by the previous owners and is in need of routine maintenance and improvement. The re-working
of the existing parking areas has already begun as these too were neglected by the previous owner,any
major changes to the parking areas will begin upon final approval by Weld County. Financing for the
project will be handled privately.
Please feel free to contact me at any time with any questions or concerns. I look forward to working with all
agencies involved in this PUD process.
Respectfully Submitted,
Lc Ill f �--
i
William E. Harper
•
nLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fe •
Zoning District Receipt Number _0 ' t~1
Date Application Checked By: b
Planner Assigned to Case: Qfy' t)
re
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
/(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: SW '4 rS cckton 13) I 3N , RtSW 0C-4-keL2' 1'4•,We-18 CO Lx11-7, 61116
,4l ICC. lek oh : 64 4 NICK tr. 3 z- , Lon$n.efl}, Co to rctcic,
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 1 Z O 3 t 3 0 ,Q Q_a Ia 2(12 digit number-found on TAX I.D.or obtained at the Assessor's
Office) t t0 1 t 30000th 4
NAME OF PROPOSED PUD SUBDIVISION I ho -- as Lc-kc F'. V. fJ•
EXISTING ZONING A 9 : U SR a So.° PROPOSED
ZONING Et,-o.+e.. I R4
DTAL ACREAGE I0 . 0 o-c-rt$ OVERLAY DISTRICTS N/A
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual)
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME William E - No-riper _ PHONE 303- 530- 3330
ADDRESS cn234- Uo+--L.,9 fry'11 &aft, 12,n,kb.r t t'Q 4iLJ3o1 FAA 3o i - S-3c '- 3341
NAME _ PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT(if different than above *1
NAME
ADDRESS
HOME TELEPHONE BUSINESS TELEPHONE
If agent is different from the property owner, please submit written documentation from the property owner authorizing
said agent to represent the owner.
•
Sign ture: er or Authorized Agent
a
•
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan
of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION:
`Iy E5e • n t3 i 1.1 QLiByo he_ -4-k• P (IN Weld ( v niy Co LGALS WC-2.tt 3z Lor+gmw/A-4C)
(If additional space is required, attach ab additional sheet of this same size.)
I z. 0 - t 3 0 0 0 0 LQ 3
PARCEL NUMBER:_L 2. 0 9- 1 5 0 0 O O c.o.`d (12 digit number found on Tax I.D.or obtained in Assessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION -TT, i-n as I a c Po.t0
EXISTING ZONING A5 : use Irk east) CHANGE OF ZONE CASE
NUMBER S-2t}5
TOTAL AREA(ACRES) lo. o cacres TOTAL AREA(acres) OF COMMON OPENSPACE I • 5 -t- a4-rc s
NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE Z•o acres MINIMUM o •s 3 4.c,-•e S
UTILITIES: WATER: NAME LltFh T hon%dbor,
SEWER: NAME }?rrva.4•t e.wa{4t -TrtAitri tnf Plcnf CFx4sEi on s�1C�
GAS: NAME ct� Enemy
PHONE: NAME u s wes4
ELECTRIC: NAME untr-cd
DISTRICTS: SCHOOL: NAME S4• Vratn School h.‘sMcc.4-
FIRE: NAME N 1o0✓ntr_.n V'ltvv Fc c �islric♦
ENGINEERS NAME -.Wc.Un C Wei -I-yob t-h . 7E PHONE 303 •-9 • I lf-i-
ADDRESS C,oT , Loricrcnl- • &c toast - 54 1...C1 PHONE 303 . 8 t1 - 4819
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: \\j llicivr E. !-itirocr HOME TELEPHONE:3o3. 650.Z:ell
ADDRESS: La 6.3 F 1, oi- -t nchi l( £,cat L lc1r tO BUS. TELEPHONE: 3o -6 so•33 3e,
NAME: t303ot HOME TELEPHONE:
ADDRESS: _ BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT(if different than above):
NAME: HOME TELEPHONE:
ADDRESS: _ BUS. TELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME: Briton Put:\ c turd atSoon-eS toy-
ADDRESS: Jet G I izr S'ct*. Yhr:cl •Scc't-ion 4o 3 . FT Word-f't . flYV(tlol-11503
ig
Signa re: nej=orized Agent
22
THOMAS LAKE PUD
RESPONSES TO REFERRAL AGENCY COMMENTS
The following are direct responses to referral agency comments which were received during the Sketch Plan Review process.
Additional detail relating to these comments can be found in the Change of Zone application,the revised Site Plan, the
amended Improvements Agreement,the Homeowners Association Declaration and Covenants,the Final Utility Plan, and
other documents submitted with the Change of Zone application packet.
ST.VRAIN SCHOOL DISTRICT-11/19/98
In response to the St. Vrain School District's request that the developer enter into a separate agreement with the District,the
applicant will enter into an agreement with the District which will reflect a cash in-lieu of land dedication,the amount of
which will be$427 per each single family building lot(4 total,$1707)and$155 per unit for each of the 18 multiple family
units(18 total, $2797). These cash in-lieu payments are to be made at the time building permits are issued.
WELD COUNTY PUBLIC WORKS DEPARTMENT- 11/17/98
Vehicle Circulation System:
1. The revised plat reflects a 65' right-of-way radius for the cul-de-sac. The cul-de-sac will be paved and will have a 50'
radius.
2. All internal streets conform to the PUD/Subdivision Ordinance as reflected o the revised plat and utility plan.
3. A cross section of the cul-de-sac which provides access to Lots 1,2., 3,and 4 is shown on the revised plat and/or utility
plan. A cross section of the private internal road for Lot 5 (zoned R4)is shown on the revised plat and/or utility plan.
4. The name of the cul-de-sac is shown of the revised plat a"Thomas Lake Court". The cul-de-sac which will serve Lots 1,
2, 3.and 4 will be dedicated to Weld County. The internal road and parking for Lot 5,the R4, lot will be privately owned
and maintained.
5. The 60'right-of-way with a 65'cul-de-sac turn around and a 20'turning radius onto WCR 32 are all shown on the revised
plat.
6. Street signs and stop signs will be placed in the appropriate locations and entrances. (shown in the Improvements
Agreement)
Improvements Agreement:
1. The time line for the Improvements Agreement has been amended and reflects a change in the scheduling as suggested by
the Weld county Public Works Department.
WELD COUNTY HEALTH DEPARTMENT- 11/20/98
1) A Homeowner's Association will be established for the PUD. The ownership of the Open Space and the Wastewater
Treatment Facility will be conveyed to HOA. The maintenance and operation of the treatment plant will be the responsibility
of the Homeowners Association. Details of the maintenance and operational responsibilities are outlined in the HOA
Declaration.
2) An operator,certified as Class D by the State of Colorado is required to operate the treatment facility,the operation of the
facility will be contracted out by the HOA and the duties and reporting requirements for the treatment facility will be the
responsibility of the independent contractor.
3) Karen Young at the Colorado Department of Public Health and Environment-Water Quality Control Division-Permits,
Enforcement, and Design Section has been contacted concerning the addition of a septic tank and lift station to the existing
facility. Ms. Young reviewed the site plan dated 10/9/98, and engineering report dated 9/23/98,the department has no
conflicts and indicates that no modification to the existing permit is necessary,and that no further information is needed. If a
modification should be needed at a later date, it will be handled during the license renewal process. (see attached letter)
4) The location,design,and details of additions to the existing wastewater treatment facilities and improvements are
included in the Change of Zone Application and the revised plat and the Final Utility Plan. Easements for the sewer lines are
shown on the revised plat. Access to allow for the pumping, maintenance,and repair will be along the utility/access easement
which will run between Lots 3 and 4 and is part of Outlot A(open space lot). This portion of Outlot A will have a 10'wide
trail/road constructed of an all weather surface. This is shown on the revised plat,and discussed in the HOA Declaration.
5) Odors generated from the facility should be very minimal if not nil, if any odors happen to occur they would most likely
occur twice a year for a period of about 2 days when the pond"turns over". The odor from the pond, if any, should be very
minimal at these times. If odor should become a more significant problem it can be mitigated by the addition of readily
available chemicals specifically designed to control wastewater treatment pond odors. The addition of these chemicals, if
1
necessary,would be the responsibility of the independent contractor/operator of the facility. Typically treatment facilities
similar to the one here do not experience odor problems when operated and properly maintained. It will be in the best interest
of the HOA to have a properly maintained and operated facility.
6) Future property owners will be made aware of the agricultural surroundings that exist in the vicinity. The"Right To
Farm"covenant has been placed on the revised plat,and in the Declaration of Covenants.
MOUNTAIN VIEW FIRE PROTECTION DISTRICT- 11/12/98
Buildings on Lots 1, 2, 3,and 4 will be designed and constructed in accordance with the provisions of the 1994 Edition of the
Uniform Fire Code and/or any other applicable codes required by the MVFD.
Building construction plans for the remodel of the existing structure, located on Lot 5 (zoned R4),will be provided to the Fire
District for review and approval prior to remodeling. Plans for the fire alarm and sprinkler system alterations will be
submitted to the Fire District for review and approval prior to remodeling.
The requirement for residential fire sprinkler systems is discussed in the Declaration and Covenants for the development.
Plans for residential fire sprinkler systems will be reviewed and approved by the Fire District prior to installation. All
residences will be inspected and approved by the Fire District before a Certificate of Occupancy is issued.
A cross section of the roads are shown on the revised plat. They will meet the requirements of the imposed loads and surface
requirements. The roads will be in place before building permits are issued.
The fire hydrant will be approved by the Mountain View Fire District and in service before any combustible building
materials are delivered to Lots 1, 2, 3,or 4.
Streets will be marked as shown on the revised plat. Approved address number will be placed on all residences as required
by the Fire District.
The Fire District will conduct an inspection of each residence and the multi-family building prior to occupancy.
COLORADO GEOLOGICAL SURVEY- 11/18/98
As indicated in the response,there are no geologic conditions at this site which preclude development as planned. Close
attention to positive drainage conditions around the existing structure is important and will be taken into consideration as
improvements occur. The initial owners of the residential building lots will be provided with a copy of the Geotechnical
Investigation and Geology Report by CDS Engineering Corporation(September 15, 1998). Recommendations and
considerations addressed in this report should be helpful in the design and development of these lots. The report emphasizes
considerations of proper storm water drainage and considerations for the shallow ground water.
LONGMONT SOIL CONSERVATION DISTRICT
No conflicts.
WELD COUNTY SHERIFF'S DEPARTMENT
No conflicts.
TOWN OF MEAD
No conflicts.
ARMY CORPS OF ENGINEERS
No conflicts.
2
THOMAS LAKE PUD
RESPONSES TO PLANNING DEPARTMENT COMMENTS- 12/17/98
The following are direct responses to The Weld County Planning Department's specific comments which were received in the
letter dated 12/17/98 as part of the Sketch Plan Review process for the PUD. Additional detail relating to these comments
can be found in the Change of Zone application, the revised Site Plan,the amended Improvements Agreement,the
Homeowners Association Declaration and Covenants,the Final Utility Plan, and other documents submitted with the Change
of Zone application packet.
COMPREHENSIVE PLAN
A.GOAL I-Preservation of Prime Farmland..Co-exist with surrounding agricultural uses..
The proposed PUD does not take"prime agricultural"land out of production, and does not remove prime agricultural land
from use,for the following reasons;
1. The site is already improved, the existing Nursing Home was constructed in 1971-1975, improvements and additions have
continued to be made to the site and structure as recently as 1994.
2. The subject property has been a developed property for over 25+years and has co-existed with the surrounding land uses
and agricultural neighbors throughout. The subject property does not encroach on it's agricultural neighbors. The subject
property is situated in such a way that there will be no problem co-existing with the agricultural neighbor to the south of
WCR 32. The neighbor to the north and east is the Thomas Lake reservoir property which is owned by Public Service
Company. The Estate lots are located adjacent to existing residential dwellings located to the west. The neighboring
residential dwellings, should be considered Estate lots, (due to the size of the lots,approximately 1-3 acres)even though they
are in the agricultural zone district. I have had discussions with all surrounding property owners. Only one neighboring
property owner,a residence to the west,had any concerns, his concerns have been mitigated by removing the existing 6'
wooden fence along the west property line and replacing it with an 8' wooden fence. His other concern has been mitigated by
placing the building envelopes for Lot 1 and Lot 2 no closer than 100' from the west property line. The neighbor has been
appeased by these 2 modifications. These changes are shown on the revised plat.
3. The size of the site is small only 10 acres, it is not economically feasible to firm a parcel of this size.
4. The site has not been used for agricultural purposes of any kind in over 30+years.
5. The subject property is not irrigated and no agricultural water exists with the land. The site is not prime irrigated farm
land.
6. A portion of the site is designated"non-prime" agricultural land.
7. The Weld County"Right to Farm" covenant is placed on the revised plat, and is stated in the Declaration of Covenants for
the PUD and should allow for mitigation of any potential conflicts between the:PUD and the existing farm practices.
8. It is important to consider that the existing USR which allows this site to operate as a nursing home is a much more
intensive use than the proposed PUD. The proposed PUD will have an impact which is 50%less than the existing impact in
most instances and will not cause an impact to any extent greater than that which already exists under the current zoning and
Use By Special Review(USR)permitted on the property.
A.POLICY3-Conversion of Agricultural Land..
The subject site is not in a municipalities comprehensive plan area. nor is the PUD an urban-scale development. The site is,
however, in the area of influence for the Town of Mead,the site is already developed, and the site has an existing USR to
operate as a Nursing Home in the Ag zone district. The PUD for the subject site is not proposing an urban-scale
development,but is re-developing a deteriorating existing development. The proposed PUD does not convert productive
agricultural land to residential use, the site is already improved and does not remove prime agricultural land from use. The
PUD actually preserves agricultural land by not converting agricultural land. The Town of Mead has indicated no conflicts
with the PUD.
1. In addition,please see the 8 reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
A.GOAL 4-Provide a Mechanism for the Division of Land Which is Agriculturally Zoned...
Maintaining the highest level of agricultural productivity for Weld County will not be affected by this PUD for the following
reasons;
I. The site is already developed and has a USR to operate as a nursing home.
1
2. All infrastructure for the PUD is already on site, or readily available-water, sewer, gas,electric,telephone. etc..
3. There is no agricultural productivity on the site nor has there been for 30+years. The site is too small to farm
economically,the site is not irrigated and no irrigation water exists with the land.
4. In addition,please see the 8 reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
5. In addition,please see the explanation given above in COMPREHENSIVE PLAN-A. POLICY 3.
RPOLICY 5-New Residential Development Should Demonstrate compatibility with existing surrounding land-use
The PUD is compatible with the existing and surrounding land uses for the following reasons;
I. Please see the 8 reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
2. Please see the explanation given above in COMPREHENSIVE PLAN-A. POLICY 3.
A.POLICY 7- Weld County recognizes the "Right to Farm".
The Weld County"Right to Farm"covenant is placed on the revised plat,and is stated in the Declaration of Covenants for
the PUD and should allow for mitigation of any potential conflicts between the PUD and the existing farm practices.
PUD.POLICY 4.2-Provide common open space...Specifrc recreational facilities for Lot 5(zoned R4)...
A non-profit property and users association will be created and incorporated for the PUD. The association will be governed
by by-laws and covenants. Both the open space and the wastewater treatment facility will be conveyed to the association.
Membership in the Association is mandatory for all property owners within the PUD. The covenants provide that they can be
enforced by any property owner including Weld County. The association will be responsible for all liability insurance,taxes,
private utilities, maintenance, repairs and operation for both open space and the.wastewater treatment facility, and will
provide for such in perpetuity. The maintenance and operation of the treatment facility will contracted to an independent
contractor who is licensed to operate and maintain such a facility. The maintenance and operation of the open space will be
contracted out by the HOA to an independent contractor. The details of the HOA, covenants, and related items can be found
in the Declaration of Covenants and the HOA Agreement.(included with the Change of Zone Application)
The Weld County Department of Planning staff has indicated a concern about the proposed open space for the PUD. The
staffs concern relate to the functionable/useable requirement as described in the.PUD Ordinance. Staff has specifically
indicated that they would like to see a larger more functionable open space area.
It is the opinion of the applicant and his advisors that the open space as delineated on the site plan submitted during the
Sketch Plan Review fully complies with the requirements and intent of Section 2.5 of the PUD Ordinance. However,rather
than argue this issue the applicant has made the concession,and has increased the size of the open space by more than 8,500+
square feet,an amount which easily exceeds the space taken up by the treatment pond. The expansion of the open space was
accomplished by including an area between Lots 3 and 4, and by changing the lot line between the open space and Lot 5,the
R4 Lot. The open space area between Lots 3 and 4 is contiguous with the remaining open space and serves as;a maintenance
access for the waste water treatment facility, a trail system which provides safe access to the open space for Lots 1,2, 3,and
4. and provides for additional protection of the view corridors. This area of open space between Lots 3 and 4 will include a
10'wide all weather road/trail surface. The additional open space is shown on the revised site plan.
The proposed open space for the Thomas Lake PUD meets and exceeds the Weld County PUD Ordinance requirements for
open space for the following reasons;
I. The PUD Ordinance requirement for open space is 15%, this PUD has dedicated open space in excess of 17%,as shown
on the revised site plan.
2. The setting for the PUD and open space is a non-urban setting, consisting of only 5 residential lots.
3. The open space for this PUD should be viewed as passive open space which provides an excellent buffer between the two
different residential uses,PUD Estate and R4 Multi-family.
4. The open space for this PUD should be viewed as passive open space which provides for a natural setting and enjoyable
views, it will allow residents to have views of the mountains and views of Lake Thomas.
5. The safety concern indicated by staff regarding the treatment pond,has been addressed by extending the existing 6'
wooded fence. The existing fence runs along the south and west sides of the pond, it will be extended so that it will
completely enclose the treatment pond and will deter access to the pond. The fence is shown on the revised plat.
6. Recreational facilities should not be required in the open space in order it to conform to the requirements of useable and
functional for the following reasons;
a. The setting for the PUD is a rural, non-urban setting,consisting of only 5 residential lots.
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b. Lot 5,the R4 Multi-family lot,will provide numerous recreational facilities and opportunities for the residents of such,and
therefore recreational facilities are not necessary on the open space and would only be redundant. The recreational facilities
for Lot 5 are detailed directly below in the section titled Recreational Facilities for Lot S.
c. The large size of PUD Estate lots will allow the owners to have the ability to place recreational equipment for their own
use on their own lots if they so desire.
d. This non-urban PUD should not be required to provide recreational equipment on the open space. The proposed open
space should be considered passive open space. Placing recreational equipment and such would detract significantly from the
visually pleasing natural setting that it is. Further,given the choice of having open space with recreational equipment or not,
it is believed that the future owners of Lots 1, 2, 3,and 4 would choose the option of open space without recreational
facilities.
e. The financial burden which would be required to maintain the recreational equipment placed in the open space, and the
liability of such would be an unreasonable financial burden on a Homeowners association with only 5 members.
7. The Planning Department indicated a concern about odor from the treatment pond affecting the usefulness of the open
space. This is not a valid concern, it was addressed in the response to the Weld County Health Department. Please see
explanation below in PUD SECTION 6.3.1.
8. Although Staffs concern of including the treatment pond as open sparr has been addressed by expanding the size of the
open space which was initially submitted and is no longer an issue,the reasons why the applicant believes it should be
included are the following;
a. The treatment pond is owned by,and for the benefit of all property owners within the PUD.
b. The pond attracts desirable wildlife such as ducks,geese, hawks,eagles, Great Blue Herons, muskrats, rabbits, snakes,
etc.. These different species of wildlife are valuable assets and provide visual enjoyment to the residents of the PUD and are
reasons why many persons desire to live in a rural setting such as this.
c. The pond provides for a valuable view corridor of the mountains and Thomas Lake which benefit all owners and residents
of the property.
d. The PUD Ordinance allows for ponds and such to be allowed and counted as open space.
e. The treatment pond will not deter from the scenic purpose as it is surrounded by a berm,fencing,and for numerous
reasons stated above.
9. The proposed open space meets the requirement for enjoyable use of the owners and occupants for the reasons stated
above.
13. The Ordinance calls for the open space to be useful and beneficial to the owners and occupants for recreational or scenic
purposes,this requirement has been met for the reasons stated above.
15. The open space meets the requirement for accessibility to all, it is accessible from the south,west, and east.
16. The open space provides a passive, scenic,and functional buffer between the two residential uses.
17. The open space provides for a common use for all owners.
18. The PUD exceeds the size requirement for open space.
Recreational Facilities for Lot 5(zoned R4, multi-family)
The recreational facilities for Lot 5 include the following and are specifically called out in the Improvements Agreements;
1. A recreation area with an asphalt surface; included will be a half court basketball area. The court area will also contain
surface games painted on the asphalt including; hop-scotch.four-square,etc.. The asphalt recreation area is shown on the
plat and will be approximately 50'x 50'.
2. A swing set with 3 swings will be located between the asphalt court and the picnic area, the swings will be surrounded by
a safe surface area.
3. A horse shoe pit will be constructed adjacent to the picnic area.
4. A more passive recreational area will be the community garden area which is shown on the plat, and is located to the
north of the east parking area. The community garden will be available to residents who wish to have a vegetable or flower
garden,and should enhance the rural "feel" of Lot 5.
5. A picnic area with 2 picnic tables will be constructed as shown on the plat.
P.GOAL 2-Requires adequate facilities and services....(Weld County Public Works Dept referral letter dated 11/18/98)...
1. The revised plat reflects a 65' right-of-way radius for the cul-de-sac. The cul-de-sac will be paved and will have a 50'
radius.
2. All internal streets conform to the PUD/Subdivision Ordinance as reflected o the revised plat and utility plan.
3. A cross section of the cul-de-sac which provides access to Lots 1, 2, 3, and 4 is shown on the revised plat and/or utility
plan. A cross section of the private internal road for Lot 5 (zoned R4)is shown on the revised plat and/or utility plan.
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4. The name of the cul-de-sac is shown of the revised plat a"Thomas Lake Court". The cul-de-sac which will serve Lots 1.
2, 3,and 4 will be dedicated to Weld County. The internal road and parking for Lot 5,the R4, lot will be privately owned
and maintained.
5. The 60'right-of-way with a 65'cul-de-sac turn around right-of-way, and a 20'turning radius onto WCR 32 are all shown
on the revised plat.
6, Street signs and stop signs will be placed in the appropriate locations and entrances. (shown in the Improvements
Agreement)
7. Adequate parking is provided for the apartment complex,a minimum of 36 spaces are required, 45 are shown on the
revised plat,two of these parking spaces are identified as handicap and are shown as such on the revised plat.
8. The layout of the parking lot for Lot 5,the R4 lot,is designed in such a way as to provide for parking nearest to the
entrances for the individual multi-family units. The remodel of the existing building into multi-family units is designed such
that the majority of the units will have their own exterior entry;this is why parking areas are shown not only on the east side
of the building but also on the west and north sides as there will be entries to the apartments in these locations. The majority
of the parking is shown on the east side of the property because this is where the bulk of the entries for the units will be
located. Allowing the parking to be in close proximity to each unit's entry is both necessary and practical. Cross sections of
the interior private roadway for Lot 5 (zoned R4)are shown on the revised plat and meet or exceed the minimum
requirements for Weld County street standards.
SUBDIVISION ORDINANCE
SECTION 10.2-Street standards for PUD's and subdivisions..(Weld County Public Works referral letter dated 11/18/98...
The Public Works Department(Mr. Don Carroll)was contacted concerning the design and layout of the cul-de-sac which
serves Lots 1,2, 3. and 4, and the interior private road which will serve Lot 5. 'The Weld County Public works department
indicates no conflict with the PUD have two access points. The subject property currently has 5 access points,the PUD
proposes only 2 access points. The following address the concerns of the Public Works Department;
1. Please see the explanation given above in COMPREHENSIVE PLAN-P.GOAL 2.
2. The time line for the Improvements Agreement has been amended and reflects a change in the scheduling as suggested by
the Weld county Public Works Department.
SECTION 10.6- Utility easement standards....
The delineation of the utility easements for each lot are shown on the revised plat. These easements reflect a minimum total
width of 20 feet apportioned equally on abutting properties,and a minimum of 15 feet allocated along front lot lines and other
perimeter areas. These easements are as required by the Weld County Design Standards.
SECTION 12-Improvements Agreement..
An amended Improvements Agreement is included with this submittal.
A Homeowners Association will be established and the Declaration of Covenants is included with this submittal which
addresses concerns of on-going operation and maintenance of Common Properties and other applicable elements of the PUD.
PUD ORDINANCE
SECTION 4.4.1.2-20 Performance Standards...
All 20 performance standards are addressed in Component 2 of the Change of Zone Application.
SECTION 2.1-Access Standards...
WELD COUNTY PUBLIC WORKS DEPARTMENT- 11/17/98
Vehicle Circulation System:
1. Please see the explanation given above in SUBDIVISION ORDINANCE-SECTION 10.2.
2. Please see the explanation given above in COMPREHENSIVE PLAN-P.GOAL 2.
SECTION 2.3-Bulk Requirements..
The 4 PUD Estate Lots do not conform to the Bulk Requirements of the Estate Zone,as described in Section 36.3 of the Weld
County Zoning Ordinance which call for a minimum of 2.5 acre lots. However, section 2.3 of the PUD Ordinance allows for
flexibility and does allow this type of variation from the Estate Zone regulations. The PUD Estate lots will allow for one
large animal,and all other Bulk requirements for the Estate zone district have been adhered to.
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It should be noted that the PUD Estate lots meet and exceed the more stringent requirements of RI zoning. The PUD Estate
lots will be served by public water,a sewer system and not septic tanks and leach fields,and they will be served by a paved
road. Further,it should be noted that the applicant could have requested the density of the PUD be much greater than that
which is proposed due to the availability of sewer,water,paved roads,etc.,but chose not to in order to maintain the rural
character and setting of the PUD.
SECTION 2.5-Common Open Space...
1. Please see the explanation given above in COMPREHENSIVE PLAN-POLICY 4.2
SECTION 2.6-Compatibility of uses...
Compatibility of uses within the PUD...
The proposed uses within the PUD will be compatible uses within the PUD for the following reasons;
1. All uses within the PUD are of the same use,residential use.
2. The proposed PUD Estate lots will be very compatible with the proposed PUD R4 residential multi-family lot, as both are
residential uses and are separated by the large open space area.
3. The proposed PUD R4 residential multi-family lot will be very compatible with the proposed PUD Estate lots, as both are
residential uses and are separated by the large open space area.
4. The PUD is basically replacing one type of residential use, nursing home use,with another type of residential use,PUD
Estate and Multi-family.
Compatibility of uses with surrounding uses...
The PUD is compatible with the existing and surrounding land uses for the following reasons;
1. Please see the 9 reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
2. Please see the explanation given above in COMPREHENSIVE PLAN-A POLICY 3.
SECTION 2.7-Design standards and Improvements Agreement..
The Design Standards and Amended Improvements Agreements are included in the Change of Zone Application package and
submittal.
SECTION 2.9-Landscaping plan...
The revised Landscape plan is shown on a separate map and contains all required components. On-going operations and
maintenance for the landscaping of Lot 5,the R4 lot,is part of the Declaration of Covenants which states in detail the
maintenance requirements for Lot 5,which are to be assumed by the owner of Lot 5. The Lots 1, 2, 3,and 4 are to be
maintained by the owners of such Lots. The on-going maintenance for the Common Properties,including the open space, is
allowed for in perpetuity,and specifically detailed in the Declaration of Covenants.
SECTION 4.4.1.5-Street facilities providing access are adequate...
The revised plat demonstrates compliance with Weld County street standards,typical cross sections are shown, and the
revised plat shows the additional right-of-way requested by the Public Works Department. The layout of the parking lot for
Lot 5,the R4 lot, is designed in such a way as to provide for parking nearest to the entrances for the different units.
1. Please see the explanation given above in SUBDIVISION ORDNANCE-SECTION 10.2.
2. Please see the explanation given above in COMPREHENSIVE PLAN-P.GOAL 2.
SECTION 6.3-8 Major Components of the Development Guide...
The 8 major components of the Development Guide are addressed in detail, in the Change of Zone Application which is
included with this submittal.
SECHON 6.3.1-Environmental criteria...(Weld County Health Dept. referral letter dated 11/20/➢8)(Colorado Geological
Survey referral letter dated 11/18/98)...
1. A Homeowner's Association will be established for the PUD. The ownership of the Open Space and the Wastewater
Treatment Facility will be conveyed to HOA The maintenance and operation of the treatment plant will be the responsibility
of the Homeowners Association, and will be provided for in perpetuity. Details of the maintenance and operational
responsibilities are outlined in the HOA agreement and Declaration of Covenants.
2. A operator.certified as Class D by the State of Colorado is required to operate the treatment facility,the operation of the
facility will be contracted out by the HOA and the duties and reporting requirements for the treatment facility will be the
responsibility of the independent contractor.
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3. Karen Young at the Colorado Department of Public Health and Environment-Water Quality Control Division -Permits,
Enforcement,and Design Section has been contacted concerning the addition of a septic tank and lift station to the existing
facility. Ms. Young reviewed the site plan dated 10/9/98,and engineering report dated 9/23/98,the department has no
conflicts and indicates that no modification to the existing permit is necessary,and that no further information is needed. If a
modification should be needed at a later date, it will be handled during the license renewal process. (see attached letter)
4. The location, design,and details of additions to the existing wastewater treatment facilities and improvements are
included in the Change of Zone Application and the revised plat and the Final Utility Plan. Easements for the sewer lines are
shown on the revised plat. Access to allow for the pumping,maintenance,and repair will be along the utility/access easement
which will run between Lots 3 and 4 and is part of Outlot A(open space lot). This portion of Outlot A will have a 10'wide
trail/road constructed of an all weather surface. This is shown on the revised plat,and discussed in the HOA Declaration.
5. Odors generated from the facility should be very minimal if not nil, if any odors happen to occur they would most likely
occur twice a year for a period of about 2 days when the pond"turns over". The odor from the pond, if any, should be very
minimal at these times. If odor should become a more significant problem it can be mitigated by the addition of readily
available chemicals specifically designed to control wastewater treatment pond odors. The addition of these chemicals, if
necessary, would be the responsibility of the independent contractor/operator of the facility. Typically treatment facilities
similar to the one here do not experience odor problems when operated and properly maintained. It will be in the best interest
of the HOA to have a properly maintained and operated facility.
6. Future property owners will be made aware of the agricultural surroundings that exist in the vicinity. The"Right To
Farm"covenant has been placed on the revised plat,and in the Declaration of Covenants.
Maintenance of the commonly owned open space...
Operation and maintenance of the Common Properties, including the open space and facilities,is detailed and allowed for in
perpetuity in the Homeowners Agreement and Declaration of Covenants for the PUD.
(Colorado Geological Survey referral letter dated 11/18/98)...
As indicated in the response,there are no geologic conditions at this site which preclude development as planned. Close
attention to positive drainage conditions around the existing structure is important and will be taken into consideration as
improvements occur. The initial owners of the residential building lots will be provided with a copy of the Geotechnical
Investigation and Geology Report by CDS Engineering Corporation(September 15, 1998). Recommendations and
considerations addressed in this report should be helpful in the design and development of these lots. The report emphasizes
considerations of proper storm water drainage and considerations for the shallow ground water.
SECTION 6.3.6-Signage...
A permanent sign which will identify the multi-family units on Lot 5. the R4 lot, is delineated on the plat. The design and
construction of the sign will adhere to all County Ordinances and Building codes. The design of the permanent sign, located
on the PUD R4 lot.will be constructed of wood,brick,or stone;will be a detached sign with an approximate size of 4 feet by
six feet;will adhere to all setback requirements; and will have surrounding landscaping which extends a minimum of 3 feet
from all side of the sign base. Sign standards for the PUD are addressed further in the Declaration of Covenants.
There arc no other permanent signs in the PUD other than the required traffic aintrol signs such as;stop signs, and street
signs.
SUMMARY
1. Four Estate Lots do not conform...
1. Please see the explanation given above in PUD ORDINANCE-SECTION 2.3
2. PUD's should be served by an internally paved road system...
1. Please see the explanation given above in SUBDIVISION ORDINANCE - SECTION 10.2.
2. Please see the explanation given above in COMPREHENSIVE PLAN-P.GOAL 2.
3. Wastewater facilities...
1. Please see the explanation given above in PUD ORDINANCE - SECTION 6.3.1.
4. Open space...
1. Please see the explanation given above in COMPREHENSIVE PLAN-POLICY 4.2
2. Please see the explanation given above in SUBDIVISION ORDINANCE-SECTION 2.5
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PUD CHANGE OF ZONE DEVELOPMENT GUIDE REQUIREMENTS
DEVELOPMENT GUIDE REQUIREMENTS
It is the desire of the applicant that the PUD Change of Zone be processed under the Specific Development Guidelines verses
the Conceptual Development Guidelines,I would like to request that a Final Site Plan Review not be required for the PUD R4
lot since full detail and documentation have been submitted throughout the PUD process.
6.3.1 -COMPONENT ONE-ENVIRONMENTAL IMPACTS
It is important to consider that the existing USR for this site has a much more intensive use than does the proposed PUD.
The proposed PUD will have an impact which is 50%less than the existing impact in most instances.
It is therefore necessary to remember that all impacts listed below will not cause an impact to any extent greater than that
which already exists under the current zoning and Use By Special Review(USR)permitted on the property.
Noise and Vibration
Noise and vibration impacts should be non-existent,the proposed PUD development is residential use.
Smoke,Dust and Odors
Smoke, dust and odor impacts should be minimal,the proposed PUD development is residential use.
The Weld County Health Department indicated a concern in the referral comments regarding odor from the wastewater
treatment facility,which is located on the common property of the PUD. Odors generated from the facility should be non-
existent or very minimal. If odor should become a problem it can be easily mitigated by the addition of readily available
chemicals specifically designed to control wastewater treatment pond odors. The addition of these chemicals, if necessary,
would be the responsibility of the independent contractor/operator of the facility. Typically treatment facilities similar to this
one do not experience odor problems when properly operated and maintained. It is in the best interest of the HOA to have a
properly maintained and operated facility.
Heat,Light and Glare
Heat, light and glare impacts should be minimal, the proposed PUD development is residential use.
Visual/Aesthetic Impacts
The Visual and aesthetic nature of the property. and more specifically Lot 5,the R4 lot,will be improved significantly with
the repairs and improvements which will be made to the exterior of the existing building,and with the over all maintenance
and improvements to the landscaping of the property. The PUD has been designed in such a way as to preserve the"rural
feel"and the beautiful natural surroundings. This is accomplished by creating large residential lots,a large R4 lot, and a
large open space between the two residential uses.
It should be noted that the applicant could have requested the density of the PUI)be much greater than that which is proposed
(possibly as many as 16 RI lots+ 1 R4 lot)due to the availability of sewer,water,paved roads, etc.,but chose not to in order
to maintain the rural "character and feel"of the PUD.
Electrical Interference
Electrical interference should be non-existent,the proposed PUD development is residential use.
Water Pollution
Water pollution should be non-existent,the proposed PUD development is residential use. The treated effluent discharged
from the wastewater treatment facility is strictly monitored on a monthly basis by the Colorado Department of Health and
Environmental Services.
Waste Water Disposal
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All uses within the PUD will be served by the existing sewage treatment facility. The engineer-designed aeration and
chlorination treated discharge facility is permitted by the State of Colorado,permit#CO -582017. The treatment facility
discharges treated effluent into Lake Thomas,pursuant to a license granted by the owner of Lake Thomas, Public Service
Company of Colorado. The sewage treatment facility was constructed in 1989 and upgraded in 1994. This treatment facility
is monitored by the State of Colorado on a monthly basis. The treatment facility is permitted to handle 12,000 gallons per
day,the equivalent of approximately 160 persons. The occupant level of the proposed PUD will allow this treatment facility
to operate at about 50%of it's previous use, a much less intensive level. The septic tanks and lift stations associated with the
facility will be pumped out and hauled off by a licensed pumper on an as needed basis. (see attached Engineer's report
regarding the Sewage Treatment Facility)
Wetland Removal
There are no wetland areas on the property,wetland impact will be non-existent.
Erosion and Sedimentation
The facility is presently landscaped and has not experienced any erosion control problems. There will be no changes to the
existing"foot print"of the building. Any impact regarding erosion and sedimentation may only occur during improvements
to the existing driveways,parking areas and landscaped areas. Any impact would be minimal and temporary,and easily
controlled.
Excavating, Filling and Grading
The facility is presently landscaped and only minimal changes are expected. There will be no changes to the existing"foot
print"of the building. Any impact regarding excavation,filling and grading may only occur during improvements to the
existing driveways,parking areas and landscaped areas. Any impact would be minimal,temporary,and easily controlled.
Drilling,Ditching and Dredging
No drilling, ditching or dredging is anticipated for this residential PUD.
Air Pollution
Air pollution impact should be non-existent,the proposed PUD development is residential use.
Solid Waste
The only solid waste generated will be normal residential waste,which will be placed in exterior dumpsters and hauled off by
a rubbish company on a weekly basis. Solid waste impacts should be non-existent,the proposed PUD development is
residential use.
Wildlife Removal
Wildlife removal will not be necessary for this proposed PUD. The proposed use should have less impact to the wildlife of the
area than the more intensive existing use.
Natural Vegetation Removal
Any impact to the natural vegetation should be minimal. The property is presently landscaped,and only minor landscaping
improvements are scheduled. Construction of a residential houses on the proposed PUD Estate lots would have a minimal
effect on the removal of any natural vegetation. The vegetation presently on the proposed PUD Estate lots is typical dryland
vegetation.
Radiation/Radioactive Material
There is no evidence of any radiation or radioactive material or other hazardous materials on this site.
Drinking Water Source
The property is located in the Little Thompson Water District. The existing buildings are served via a 1"tap off of the Little
Thompson 6"water main located in the WCR 32 right-of-way. Little Thompson Water District indicates adequate capacity
for both existing structures and any future residential uses and improvements. (see letter from Little Thompson Water
District)
Traffic Impacts
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The Weld County Public Works Department has indicated no conflicts with regard to traffic impacts.
The access routes utilized for access to the site are 1-25 Frontage Road to Weld County Road 32 or State Highway 66 to Weld
County Road 13 to Weld County Road 32,a paved collector road. All access routes to the PUD are paved and capable of
handling the anticipated vehicular traffic. Vehicular traffic to the site will be primarily passenger vehicles,and periodically a
rubbish disposal truck. Impact to Transportation will be to an extent no greater then already exists under the existing USR to
operate as a Nursing Home. The overall traffic impact should be significantly less(projected to be at least 50%less)than that
of the former Health Care facility which had approximately 95 employees plus visitors coming and going from the facility
over a 24 hour period everyday of the year. The access route(WCR#32)is currently posted with both"35 mph speed limit"
signs and"Heavy Side Road Traffic"signs from both directions.
Circulation within the PUD R4 lot will be by way of existing interior private paved driveways which will lead from a single
existing access point along WCR 32 to the existing,as well as new paved off street parking areas. All Circulation routes
within the PUD R4 lot will be privately owned and maintained The existing gravel driveways will be paved, improved,and
widened where necessary, 24' for two-way traffic and 12' for one way traffic. The existing and new parking areas will be
improved and updated to meet all parking area size and circulation requirements mandated by Weld County Ordinance. The
number of parking spaces required for the PUD R4 lot are anticipated be approximately 36 spaces, including the required
number of handicap parking spaces. All required road and stop signs will be placed at the access point to WCR 32,as
required by the Public Works Department. No new access points to WCR 32 will be required. It should be noted that the
proposed circulation route will actually reduce the number of access points from four to only one for the PUD R4 lot. The
private interior road for the R4 lot will be constructed to meet all Weld County design requirements, as shown on the plat.
An access off of WCR 32 to the PUD Estate lots is already in place. The proposed PUD will close the existing access and
exchange it with a new access point,for the PUD Estate lots,approximately 150'to the east. The new access road will be 24'
wide and will lead to a cul-de-sac with a paved radius of 50',which will serve as access to the PUD Estate lots. The new road
and cul-de-sac will be paved and will be dedicated as a public road to Weld County. All required road and stop signs will be
placed at the access point to WCR 32,as required by the Public Works Department. The cul-de-sac will be constructed to
meet all Weld County design requirements,as shown on the plat.
6.3.2-COMPONENT TWO-SERVICE PROVISION IMPACTS
It is important to remember and consider that the existing USR for this site has a much more intensive use than does the
proposed PUD. The proposed PUD will have an impact which is 50%less than the existing impact in most instances.
It is therefore necessary to remember that all impacts listed below will not cause an impact to any extent greater than that
which already exists under the current zoning and Use By Special Review(USR)permitted on the property. The review of
this proposal will ensure that impacts will be addressed.
Schools
In response to the St. Vrain School District's request that the developer enter into a separate agreement with the District, the
applicant will enter into an agreement with the District which will reflect a cash in-lieu of land dedication,the amount of
which will be$427 per each single family building lot(4 total, $1707)and$155 per unit for each of the 18 multiple family
units(18 total, $2797). These cash in-lieu payments are to be made at the time building permits are issued. (a copy of the
agreement is included with this submittal)
Law Enforcement
The Weld County Sheriff's Department has indicated no conflicts in the referral letter. Impact on the sheriffs department
should be minimal. The apartment complex will have an on site manager which should help to mitigate problems.
Fire Protection
The site is located in the Mountain View Fire District. The existing building, located on the R4 lot, is fully fire sprinkled and
fire protected. A fire hydrant will be installed at or near the cul-de-sac which serves the PUD Estate lots.
In response to the MVFD concerns indicated in their referral letter, the applicant has addressed the concerns as follows;
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1. Buildings on Lots 1, 2, 3,and 4 will be designed and constructed in accordance with the provisions of the 1994 Edition of
the Uniform Fire Code and/or any other applicable codes required by the MVFI).
2. Building construction plans for the remodel of the existing structure, located on Lot 5 (zoned R4). will be provided to the
Fire District for review and approval prior to remodeling. Plans for the fire alarm and sprinkler system alterations will be
submitted to the Fire District for review and approval prior to remodeling.
3. The requirement for residential fire sprinkler systems is discussed in the Declaration and Covenants for the development.
4. Plans for residential fire sprinkler systems will be reviewed and approved by the Fire District prior to installation. All
residences will be inspected and approved by the Fire District before a Certificate of Occupancy is issued.
5. A cross section of the roads are shown on the revised plat. The roads will be in place before building permits are issued.
6. The fire hydrant will be approved by the Mountain View Fire District and in service before any combustible building
materials are delivered to Lot 1,2, 3,or 4.
7. Streets will be marked as shown on the revised plat. Approved address numbers will be placed on all residences as
required by the Fire District.
8. The Fire District will conduct an inspection of each residence and the multi-family building prior to occupancy.
9. The above requirements are outlined in the HOA Declaration.
Ambulance
Ambulance and emergency services are provided by AMR Ambulance Services, a private company. Impact to the ambulance
services will be to an extent no greater then already exists under the existing USR to operate as a Health Care Facility.
Transportation
The Weld County Public Works Department has indicated no conflicts with regard to traffic impacts.
The access routes utilized for access to the facility are I-25 Frontage Road to Weld County Road 32 or State Highway 66 to
Weld County Road 13 to Weld County Road 32. All access routes to the PUD are paved and capable of handling the
anticipated vehicular traffic. Vehicular traffic to the site will be primarily passenger vehicles,and periodically a rubbish
disposal truck. The overall traffic impact should be significantly less(projected to be at least 50%less)than that of the
former Health Care facility which had approximately 95 employees coming and going from the facility over a 24 hour period
everyday of the year.
Utility Provisions
Adequate urban service are already extended to the proposed PUD site. No changes or additions will be necessary for the
existing building and managers house. The residential PUD Estate lots will be served easily by the existing services which
arc located in the WCR 32 right-of-way.
Gas
A K&N Gas Co. gas main is in the right-of-way on the north side of WCR#32. The existing building has a gas tap from
the main which serves the existing building. The managers house is also served by K&N Gas Co.via it's own gas tap. K&
N Gas Co. indicates adequate capacity for both existing structures and any future residential uses on the PUD Estate lots.
Electric
The main building is served by United Power Co. via it's own meter. The mangers house is also severed by United Power Co.
via a separate meter. United Power indicates adequate power for both existing structures and future residential uses on the
PUD Estate lots.
Water Provisions
The property is located in the Little Thompson Water District. The existing buildings are served via a 1"tap off of the Little
Thompson 6"water main located in the WCR 32 right-of-way. Little Thompson Water District indicates adequate capacity
for both existing structures and any future residential uses and improvements. There are no agricultural water rights with the
land. Irrigation for the existing established landscaping and proposed landscape improvements will be supplied via by the
water from the Little Thompson water supply. Conservation of water has been considered, as demonstrated by the Landscape
Plan. (see letter from Little Thompson Water District)
Sewage Disposal Provisions
4
All uses will be served by the existing sewage treatment facility. The engineer-designed aeration and chlorination treated
discharge facility is permitted by the State of Colorado,permit#COG-582017. The treatment facility discharges treated
effluent into Lake Thomas,pursuant to a license granted by the owner of Lake Thomas,Public Service Company of Colorado.
The sewage treatment facility was constructed in 1989 and upgraded in 1994. This treatment facility is monitored by the
State of Colorado on a monthly basis. The treatment facility is permitted to handle 12,000 gallons per day,the equivalent of
approximately 160 persons. The occupant level of the proposed PUD will allow this treatment facility to operate at about
50%of it's previous use,a much less intensive level. (see attached Engineer's report regarding the Sewage Treatment
Facility)
In response to the Weld County Health Department's concerns indicated in the referral letter,the applicant has addressed the
these concerns as follows;
1. A Homeowner's Association will be established for the PUD. The ownership of the Open Space and the Wastewater
Treatment Facility will be conveyed to HOA. The maintenance and operation of the treatment plant will be the responsibility
of the Homeowners Association. Details of the maintenance and operational responsibilities are outlined in the HOA
agreement.
2. An operator. certified as Class D by the State of Colorado is required to operate the treatment facility,the operation of the
facility will be contracted out by the HOA and the duties and reporting requirements for the treatment facility will be the
responsibility of the independent contractor.
3. Karen Young at the Colorado Department of Public Health and Environment-Water Quality Control Division-Permits,
Enforcement,and Design Section has been contacted concerning the addition of a septic tank and lift station to the existing
facility. Ms. Young reviewed the site plan dated 10/9/98,and engineering report dated 9/23/98,the department has no
conflicts and indicates that no modification to the existing permit is necessary,and that no further information is needed. If a
modification should be needed at a later date,it will be handled during the permit renewal process. (see attached letter)
4. The location,design,and details of additions to the existing wastewater treatment facilities and improvements are
included in the Change of Zone Application and the revised plat and the Final Utility Plan. Easements for the sewer lines are
shown on the revised plat. Access to allow for the pumping, maintenance,and repair will be along the utility/access easement
which will run between Lots 3 and 4 and is part of Outlot A(open space lot). This portion of Outlot A will have a 10'wide
trail/road constructed of an all weather surface. This is shown on the revised plat,and discussed in the HOA Declaration.
5. Odors generated from the facility should be very minimal if not nil. If odor should become a significant problem it can be
easily mitigated by the addition of readily available chemicals specifically designed to control wastewater treatment pond
odors. The addition of these chemicals, if necessary,would be the responsibility of the independent contractor/operator of the
facility. Typically treatment facilities similar to this one do not experience odor problems when operated and properly
maintained. It is in the best interest of the HOA to have a properly maintained and operated facility.
6. Future property owners will be made aware of the agricultural surroundings that exist in the vicinity. The"Right To
Farm" covenant has been placed on the revised plat. and in the Declaration of Covenants.
6.3.3-COMPONENT THREE-LANDSCAPING ELEMENTS
Landscape Plan
see attached Landscape Plan map.
Ballerina and Screening
The proposed PUD site has existing screening and buffering already in place. 7'he west property line of the PUD Estate lot is
screened by a 6' solid wooden fence. This fence will be increased to 8' in height at the suggestion of the neighbor which
borders the western property line. The existing sewage treatment facility is screened on all sides by a berm that is
approximately 12' in height. Further,the treatment facility is screened on the west and south sides by a 6'fence. The safety
concern indicated by staff regarding the treatment pond,has been addressed by extending the existing fence. The existing
fence runs along the south and west sides of the pond, it will be extended so that it will completely enclose the treatment pond
and will deter access to the pond. The fence is shown on the revised plat. There is additional proposed landscape buffering
and treatment on the R4 lot along the south and east sides of the parking area. (as shown on the landscape plan)
Perimeter Treatment
The north and east property lines of the proposed PUD site are currently fenced by a 4 strand typical barb wire fence, no
changes are proposed. The west property line is fenced by a 6' solid wooded fence which will be increased to 8'. There are
5
additions of perimeter landscape buffering around the R4 parking area on the eastern side of the property. (as shown on the
landscape plan)
Maintenance Schedule
The open space landscaping will be maintained in perpetuity by the Homeowner's Association. The existing ground cover in
the open space areas is,and will continue to be, mowed native vegetation and grasses,and trees. The natural grass and treed
area will allow for the continued rural"feel and character"of the setting,and visual enjoyment of the residents. The
landscaped areas of the R4 lot property will be the responsibility of the owner of Lot 5, the R4 lot,and will be maintained on
a regular basis,as required by the HOA Declaration of Covenants. Since this is a large lot proposal,and since attempts are
being made to maintain the current rural"feel and character",and since the improved structure already has existing mature
landscaping only minor modifications and improvements to the existing landscape are proposed. Landscape improvements
on the four PUD Estate lots will be made by the owners as the lots are developed. Maintenance of the landscaped areas on
Lots 1, 2, 3,and 4 will be the responsibility of the individual lot owners. Maintenance will be on a regular basis.as called for
and required by the HOA Declaration of Covenants.
Proposed On-Site Improvements Agreement
Construction of the on-site improvements will begin upon final approval by Weld County,and are expected to be completed
within three months. Financing for the construction of the streets, landscaping,water line, sewer line and other
improvements has been arranged privately. A deposit in the amount of the construction cost will be placed in escrow to
guarantee performance of the improvements upon final County approval. Cost estimates of the on-site improvements,as
approved are detailed in the On-Site Improvements Agreement. (included with this submittal)
Evidence of Adequate Water
Water for the irrigation of established and improved landscaping will be via the domestic water supply provided by Little
Thompson Water. Little Thompson Water District indicates adequate water for landscape requirements. The existing
established landscaping have been irrigated via this source for over 20 years. (see letter from Little Thompson Water District)
6.3.4-COMPONENT FOUR-SITE DESIGN
Unique Features
All urban services are already in place. Both the Estate lots and the R4 lot overlook Lake Thomas and have spectacular views
of the mountains. The site is already improved with a large single story building which is ideal for conversion to apartments.
There is also an existing managers house on the R4 lot. The site is unique in that it has it's own licensed and permitted on-
site wastewater treatment facility. There are no wetlands or other unusual wildlife habitat areas on the proposed PUD site.
A. GOAL 1-PUD rezoning is consistent with the goals and policies of the Comprehensive Plan.
The proposed PUD does not take"prime agricultural" land out of production,and does not remove prime agricultural land
from use,for the following reasons;
L The site is already improved,the existing Nursing Home was constructed in 1971-1975, improvements and additions have
continued to be made to the site and structure as recently as 1994.
2. The size of the site is small only 10 acres, it is not economically feasible to farm a parcel of this size.
3. The site has not been used for agricultural purposes of any kind in over 30+years.
4. The subject property is not irrigated and no agricultural water exists with the land. The site is not prime irrigated farm
land.
5. A portion of the site is designated"non-prime"agricultural land.
6. The Weld County"Right to Farm" covenant is placed on the revised plat, and is stated in the Declaration of Covenants for
the PUD and should allow for mitigation of any potential conflicts between the PUD and the existing farm practices.
7. It is important to consider that existing USR which allows this site to operate as a nursing home is a much more intensive
use than the proposed PUD. The proposed PUD will have an impact which is 50%less than the existing impact in most
instances and will not cause an impact to any extent greater than that which already exists under the current zoning and Use
By Special Review(USR)permitted on the property.
8. A large investment has been made in the existing buildings and facilities which need to be protected for future ownership
and value.
6
A.POLICY 3-Conversion of Agricultural Land...
The subject site is not in a municipalities comprehensive plan area, nor is the PUD an urban-scale development. The site is,
however, in the area of influence for the Town of Mead, the site is already developed, and the site has an existing USR to
operate as a Nursing Home in the Ag zone district. The PUD for the subject site is not proposing an urban-scale
development,but is re-developing a deteriorating existing development. The proposed PUD does not convert productive
agricultural land to residential use,the site is already improved and does not remove prime agricultural land from use. The
Town of Mead has indicated no conflicts with the PUD.
1. In addition,please see the reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
A.GOAL 4-Provide a Mechanism for the Division of Land Which is Agriculturally Zoned...
Maintaining the highest level of agricultural productivity for Weld County will not be affected by this PUD for the following
reasons;
1. The site is already developed and has a USR to operate as a nursing home.
2. All infrastructure for the PUD is already on site,or readily available-water, sewer, gas,electric,telephone. etc..
3. There is no agricultural productivity on the site nor has there been for 30+years. The site is too small to farm
economically, the site is not irrigated and no irrigation water exists with the land.
4. In addition,please see the reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
5. In addition,please see the explanation given above in COMPREHENSIVE PLAN-A. POLICY 3.
RPOLICY 5-New Residential Development Should Demonstrate compatibility with existing surrounding land-use.....
The PUD is compatible with the existing and surrounding land uses for the following reasons;
1. The subject property has been a developed property for over 25+years and has co-existed with the surrounding land uses
and agricultural neighbors throughout. The subject property does not encroach on it's agricultural neighbors. The subject
property is situated in such a way that there will be no problem co-existing with the agricultural neighbor to the south of
WCR 32. The neighbor to the north and east is the Thomas Lake reservoir property which is owned by Public Service
Company. The Estate lots are located adjacent to existing residential dwellings located to the west. The neighboring
residential dwellings, should be considered Estate lots,(due to the size of the lots,approximately 1-3 acres)even though they
are in the agricultural zone district. I have had discussions with all surrounding property owners. Only one neighboring
property owner, a residence to the west,had any concerns, his concerns have been mitigated by removing the existing 6'
wooden fence along the west property line and replacing it with an 8'wooden fence. His other concern has been mitigated by
placing the building envelopes for Lot 1 and Lot 2 no closer than 100' from the west property line. The neighbor has been
appeased by these 2 modifications. These changes are shown on the revised plat.
2. The Weld County"Right to Farm"covenant is placed on the revised plat,and is stated in the Declaration of Covenants for
the PUD and should allow for mitigation of any potential conflicts between the PUD and the existing farm practices.
3. Please see the reasons stated above in COMPREHENSIVE PLAN-A.GOAL 1.
4. Please see the explanation given above in COMPREHENSIVE PLAN-A. POLICY 3.
A.POLICY 7- Weld County recognizes the "Right to Farm".
The Weld County"Right to Farm"covenant is placed on the revised plat, and is stated in the Declaration of Covenants for
the PUD and should allow for mitigation of any potential conflicts between the PUD and the existing farm practices.
PUD.POLICY 4.2-Provide common open space...Specifc recreational facilities for Lot 5(zoned R4)...
The PUD provides for common open space.
Please see the reasons stated below in 6.3.5 -COMPONENT 5 -COMMON OPEN SPACE .
Uses allowed will be compatible within the PUD zone district
The proposed uses within the PUD will be compatible uses within the PUD for the following reasons;
1. All uses within the PU )are of the same use, residential use.
2. The proposed PUD Estate lots will be very compatible with the proposed PUD R4 residential multi-family lot,as both are
residential uses and are separated by the large open space area.
3. The proposed PUD R4 residential multi-family lot will be very compatible with the proposed PUD Estate lots, as both are
residential uses and are separated by the large open space area.
4. The PUD is basically replacing one type of residential use, nursing home use,with another type of residential use,PUD
Estate and Multi-family.
7
Uses allowed will be compatible with surrounding land uses.
The immediately surrounding areas are zoned agriculture. The site of the proposed PUD is surrounded by residential
dwellings and agricultural uses. The acreage to the north and east of the proposed PUD site is the Lake Thomas reservoir
property, owned by PSCO. The acreage to the south is an irrigated corn field The four properties to the east of the proposed
PUD are what should be considered Estate lots. The PUD will be compatible with surrounding uses for the following reasons:
I. Please see the reasons stated above in RPOLICY 5-New Residential Development Should Demonstrate compatibility
with existing surrounding land-uses.
6.3.5-COMPONENT FIVE-COMMON OPEN SPACE USAGE
A non-profit property and users association will be created and incorporated for the PUD. The association will be governed
by by-laws and covenants. Both the open space and the wastewater treatment facility will be conveyed to the association. The
common open space conveyance and restrictions will be permanent. Membership in the Association is mandatory for all
property owners within the PUD. The covenants provide that they can be enforced by any property owner including Weld
County. The association will be responsible for all liability insurance,taxes, streets,private utilities, maintenance, repairs
and operation for both open space and the wastewater treatment facility,and will provide for such in perpetuity. The
maintenance and operation of the treatment facility will be contracted to an independent contractor who is licensed to operate
and maintain such a facility. The maintenance and operation of the open space will be contracted out by the HOA to an
independent contractor. The details of the HOA,covenants,and related items can be found in the Declaration of Covenants
and the HOA Agreement.
The Weld County Department of Planning staff has indicated a concern about the proposed open space for the PUD. The
staffs concern relate to the functionable/useable requirement as described in the PUD Ordinance. Staff has specifically
indicated that they would like to see a larger more functionable open space area.
It is the opinion of the applicant and his advisors that the open space as delineated on the site plan submitted during the
Sketch Plan Review fully complies with the requirements and intent of Section 2.5 of the PUD Ordinance. However,rather
than argue this issue the applicant has made the concession,and has increased the size of the open space by more than 8,500+
square feet,an amount which easily exceeds the space taken up by the treatment pond. The expansion of the open space was
accomplished by including an area between Lots 3 and 4,and by changing the lot line between the open space and Lot 5. the
R4 Lot. The open space area between Lots 3 and 4 is contiguous with the remaining open space and serves as;a maintenance
access for the waste water treatment facility,a trail system which provides safe access to the open space for Lots 1, 2, 3, and
4.and provides for additional protection of the view corridors. This area of open space between Lots 3 and 4 will include a
10'wide all weather road/trail surface. The additional open space is shown on the revised site plan.
The proposed open space for the Thomas Lake PUD meets and exceeds the Weld County PUD Ordinance requirements for
open space for the following reasons;
1. The PUT)Ordinance requirement for open space is 15%,this PUD has dedicated open space in excess of 17%.as shown
on the revised site plan.
2. The setting for the PUD and open space is a non-urban setting, consisting of only 5 residential lots.
3. The open space for this PUD should be viewed as passive open space which provides an excellent buffer between the two
different residential uses,PUD Estate and R4 Multi-family.
4. The open space for this PUD should be viewed as passive open space which provides for a natural setting and enjoyable
views, it will allow residents to have views of the mountains and views of Lake Thomas.
5. The safety concern indicated by staff regarding the treatment pond, has been addressed by extending the existing fence.
The existing fence runs along the south and west sides of the pond, it will be extended so that it will completely enclose the
treatment pond and will deter access to the pond. The fence is shown on the revised plat.
6. Recreational facilities should not be required in the open space in order to conform to the requirements of useable and
functional for the following reasons;
a. The setting for the PUD is a rural, non-urban setting, consisting of only 5 residential lots.
b. Lot 5, the R4 Multi-family lot,will provide numerous recreational facilities and opportunities for the residents of such,and
therefore recreational facilities are not necessary on the open space and would only be redundant. The recreational facilities
for Lot 5 are detailed directly below in the section titled Recreational Facilities.for Lot 5.
8
c. The large size of PUD Estate lots will allow the owners to have the ability to place recreational equipment for their own
use on their own lots if they so desire.
d. This non-urban PUD should not be required to provide recreational equipment on the open space. The proposed open
space should be considered passive open space. Placing recreational equipment and such would detract significantly from the
visually pleasing natural setting that it is. Further,given the choice of having open space with recreational equipment or not,
it is believed that the future owners of Lots 1, 2, 3,and 4 would choose the option of open space without recreational
facilities.
e. The financial burden which would be required to maintain the recreational equipment placed in the open space,and the
liability of such would be an unreasonable financial burden on a Homeowners association with only 5 members.
7. The Planning Department indicated a concern about odor from the treatment pond affecting the usefulness of the open
space. This is not a valid concern, it was addressed in the response to the Weld County Health Department. Please see
explanation above in SECTION 6.3.2 -Service Impacts-Sewage Disposal.
8. Although Staffs concern of including the treatment pond as open space has been addressed by expanding the size of the
open space which was initially submitted and is no longer an issue,the reasons why the applicant believes it should be
included are the following;
a. The treatment pond is for the benefit of all property owners within the PUD.
b. The pond attracts desirable wildlife such as ducks,geese,hawks,eagles, Great Blue Herons, muskrats, rabbits, snakes,
etc.. These different species of wildlife are valuable assets and provide visual enjoyment to the residents of the PUD and are
reasons why many persons desire to live in a rural setting such as this.
c. The pond provides for a valuable view corridor of the mountains and Thomas Lake which benefit all owners and residents
of the property.
d. The PUD Ordinance allows for ponds and such to be allowed and counted as open space.
e. The treatment pond will not deter from the scenic purpose as it is surrounded by a berm,fencing,and for reasons stated
above.
9. The proposed open space meets the requirement for enjoyable use of the owners and occupants for the reasons stated
above.
13. The Ordinance calls for the open space to be useful and beneficial to the owners and occupants for recreational or scenic
purposes,this requirement has been met for the reasons stated above.
15. The open space meets the requirement for accessibility to all, it is accessible from the south,west, and east.
16. The open space provides a passive, scenic,and functional buffer between the two residential uses.
17. The open space provides for a common use for all owners.
18. The PUD exceeds the size requirement for open space.
Recreational Facilities for Lot 5(zoned R4, multi-family)
The recreational facilities for Lot 5 include the following and are specifically called out in the Improvements Agreements;
1. A recreation area with an asphalt surface; included will be a half court basketball area with a single basketball goal. The
this court area will also contain surface games painted on the asphalt including; hop-scotch,four-square,etc.. The asphalt
recreation area is shown on the plat and will be approximately 50'x 50'.
2. A swing set with 3 swings will be located between the asphalt court and the picnic area,the swings will be surrounded by
a safe surface area.
3. A horse shoe pit will be constructed adjacent to the picnic area.
4. A more passive recreational area will be the community garden area which is shown on the plat, and is located to the
north of the east parking area. The community garden will be available to residents who wish to have a vegetable or flower
garden,and should enhance the rural "feel" of Lot 5.
5. A picnic area with 2 picnic tables will be constructed as shown on the plat.
The common open space for the PUD enhances the quality and uniqueness of the property for each resident,preserves the
natural and rural setting,allows view corridors, and buffers the two different residential uses. Further,the open space for the
PUD exceeds the minimum size requirements of the Ordinance.
6.3.6-COMPONENT SIX-SIGNAGE
A permanent sign which will identify the multi-family units on Lot 5,the R4 lot,is delineated on the plat. The design and
construction of the sign will adhere to all County Ordinances and Building codes. The design of the permanent sign, located
9
on the PUD R4 lot,will be constructed of wood,brick,or stone;will be a detached sign with an approximate size of 4 feet by
six feet;will adhere to all setback requirements;and will have surrounding landscaping which extends a minimum of 3 feet
from all side of the sign base. Sign standards for the PUD are addressed further in the Declaration of Covenants.
There are no other permanent signs in the PUD other than the required traffic control signs such as; stop signs,and street
signs.
6.3.7-COMPONENT SEVEN-MUD IMPACT
The proposed PUD is not located in an MUD district,as shown on the Weld County MUD map.
6.3.8-COMPONENT EIGHT-INTERGOVERNMENTAL AGREEMENT IMPACTS
The proposed PUD site is located within the area of influence for the Town of Mead,at the present time there is no
Intergovernmental Agreement between Weld County and The Town of Mead. The Town of Mead indicates no conflicts with
the proposed PUD.
10
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this_day of , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and W 11 o-n-. E . H.cr per hereinafter called "Applicant".
WITNESSETFI:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
5WVs( e4 5«t,er Co, T3 N , Rio8W a� *he_ (j.r P. t"l .
We 4 t_c, ,1+.1 , Cctorado
WHEREAS, a final subdivision/PUD plat of said property, to be known as
-ti e',r4 Lcik e. '. U. . _ has been submitted to the County
for approval; and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements,along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW,THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approve!
of said final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
I Revised 12/95
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire,at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction; Applicant shall furnish and install„ at its own expense, the subdivision
improvements listed on Exhibit"A: which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to lest and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans an4l
specifications shall be removed and replaced to the satisfaction of the County at
- Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas,electric and telephone
services.
3.5 Said subdivision improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit"B" upon application by the Applicant subject to the
terms of Section 6 herein.
2 Revised 12/95
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or, in its absence, the owners
of lots within the subdivision.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit "B", but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B",
and may continue to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the filing of a
Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of Country
Commissioners partially approve them. Not sooner than nine months after partial approval,
the County Engineer shall, upon request by the applicant, inspect the subject streets, and
• notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s) that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he
shall recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Renuirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
3 Revised 12/95
approval, the applicant shall indicated which of the five types of collateral prefered
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with
all current County standards,policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty (30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institutigp
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total
value of the improvements as set forth in Section 6.0 and exhibits "A" and
"B"
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised 12/95
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.1. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted ss
collateral by Weld County,then an appraisal is required of the property by a M.A.1.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
5 Revised 12/95
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
6 Revised 12/95
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of 15%of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character,extent and location suitable for public use for parks, greenbelts or schools, said
actions shall be secured in accordance with one of the following alternatives,or as specified
in the PUD plan, if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Regulations, may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within
the subdivision.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such value shall tie
determined by a competent land appraiser chosen jointly by the Board and the
- Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives,successors and assigns of the Applicant,and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 Revised 12/95
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board _
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM: _
County Attorney
APPLICANT
BY:
(title)
Subscribed and sworn to before me this day of _, 19
My Commission expires: _
Notary Public
M FORM\\APRIVATE.DB
8 Revised 12/95
Engineering and Supervision Costs4 2,5oo."'
(testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 2,1,. q 3()'"—'
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized
agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B".
(In corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
10 Revised 12/95
IXIIIBIT "A"
Name of Subdivision: I h Erngs Lcx-ke- Q. v _
Filing:Location: 3\+J u erg Sec,-1-'on 13. T5 1\1 . R togw OC-}he- (9`+-' Yve.l d C O1Ov-tacit:,
Intending to he legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated_ _ _, 19
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Estimated
improvements Unit Cost Cmstruction Cost
Street rading 300 20•e,
Street base 1 X15 c vci. 1. SO
Street paving 4)oa c.v• yct • *e—
Curbs. gutters.& culverts
Sidewalk
Storm sewer facilities
ye.)Soo
S e . e.) . Z-, O F�O'��
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers ---
Sanitary sewers
Trunk& forced lines
Mains - Se-we-r M0..r1 3 Se Lt= . 3 c o
Laterals(house connected)
On-site sewage facilities -Stphc_.-t-c,.k_ alt -- 66-4--`or 3, IOC
On-site water supply & storage
Water mains-Includes Bore 2-00 LF. Z.,000
Fire hydrants I Z. ZOO
Survey & street monuments & boxes Z 300
Street li Ig cling _ --
Street name signs a ok0 P sicin S 3 3°o•
5 ov
Fencing renuirements
Landscaping t,�00'
L i..prove 66
Road Park improvements ttOrSL�oh4��- `Vw�rl�� . ba.k La.!' root �Ci,A-in5
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric
Water Ti
SUB-TOTAL z to,`-1 3 0
I Revised 6197
EXHIBIT-"B"
Name of Subdivision: Thorne .., C . b.
Filing:
Location: SW IA of Seck,on t'3 T3 tJ. Ria3VJ nor -the_ Lo"PM. , Wv td Cc on#y , e—c.toi-a.ctt.
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of Subdivision,
dated , 19 , Recorded on , 19 , in Book
, Page No. , Reception No. ,the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A." shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 3».0
Street base 3 rr.
Street paving 3 r+.a
Curbs.gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds 3 ;v.°
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains 3 r++tr.
Laterals(house connected)
On-site sewage facilities 3 ,n
On-site water supply and storage
Water mains 3 n.,,
Fire hydrants 3 +•.o
urvey & street monuments & boxes 3 r. e.
Street lighting
Street name signs 3 cm,"
Fencing requirements -3 nto
Landscaoine to me.
Park improvements 3 ✓ xi
Telephone
Gas
Electric
Water Transfer
Sub-Total
The County, at its option, and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date:_ , 19_
m.\fmmuprivate db
•
12 Revised 12/95
GENERAL INFORMATION REGARDING THE EXISTING STRUCTURES
* Formerly known as Country View Care Center.
* 87 Bed intermediate care Nursing Home/Health Care Facility.
* The Health Care Facility had a population of approximately 120 persons.
* One story structure with partial basement- 21,688 sq. ft..
* Built during the period 1970- 1975.
* Reinforced concrete foundation, wood frame,clear span,with red brick faced exterior,asphalt shingle pitched
root
* Site contains 435,600 sq. ft.(10.0 acres)with 1,360 ft.frontage on Weld County Road 32.
* A 1,051 sq.ft.,single story,three bedroom,one bath residence. Built in 1958,renovated in 1972.
* Located in a generally agricultural area 2-3 miles southeast of the Town of Mead, ten miles northeast of
Longmont,Colorado,and 35 miles north of Denver,Colorado. Southeast corner of Weld County,Colorado.
* Located 1.25 miles east of I-25 and 1 mile north of Hwy.#66 on paved Weld,County Road 32.
* Current Use: Unoccupied.
* Recent Use: Intermediate care facility for the developmentally disabled. Colorado State Department of Social
Services decided to house state supported developmentally disabled patients in non-institutional housing in 1994.
7-27-98
To:
Mr. Dan Casper
Union Pacific Resources
P.O. Box 265
Franktown, CO 80116-0265
303-840-8194
Front:
William E.Harper
6237 Nottinghill Gate
Boulder,CO 80301
303-530-3330
303-530-3371 (fax)
Re: Letter to mineral owners indicating a proposed change of zone, as require by the Planning and Zoning Dept. of Weld
County,CO.. (see attached legal description)
Dear Dan,
As part of the process for this development I am required by Weld County to contact Union Pacific Resources since they
are the holders of mineral rights for this parcel of land. Please contact me with any questions. A summary follows:
Existing Improvements:
* Site contains 426,888 sq. fl. (9.8 acres)with 1,360 R. frontage on Weld County Road 32.
* A 1,051 sq. R., single story,three bedroom,one bath residence. Built in 1958, renovated in 1972.
* Formerly known as Country View Care Center.
* 87 Bed intermediate care Nursing Home/Health Care Facility.
* The Health Care Facility had a population of approximately 120 persons.
* One story structure with partial basement-21,688 sq. fl..
* Built during the period 1970- 1975.
* Reinforced concrete foundation,wood frame with red brick faced exterior,asphalt shingle pitched roof
* Located in a generally agricultural area ten miles northeast of Longmont, Colorado(population 70,001H)and 35 miles
north of Denver, Colorado. Southeast corner of Weld County, Colorado.
* Located 1,25 miles east of 1-25 and 1 mile north of Hwy.#66 on paved Weld,County Road 32.
* Current Usc: Unoccupied.
* Recent Usc: Intermediate care facility for the developmentally disabled. Colorado State Department of Social Services
decided to house state suppodcd developmentally disabled patients in non-institutional housing in 1994.
Proposed Improvements:
The proposed PUD is for a 9.8 acre parcel located in the SW 1/4 of Section 13,T3N, R68W of the 6th P.M., Weld County,
Colorado. (5425 WCR#32,Longmont, CO). This property is currently in the Agricultural District and has a USR(USR
#860)to operate as a Nursing Home/Health Care Facility. The facility has not been occupied as a Nursing Home or Health
Care Facility since 1994. The intent is to divide this developed lot into five lots,with one lot being zoned PUD R4
apartments, and the remaining lot being zoned PUD residential Estate lots. The PUD R4 lot will be approximately 5 acres,
and the PUD Estate lots will be on approximately 4 acres.
Sincerely,
Zw I
William E. Harper
LITTLE iHOMPSON WATER Dx-,TRICT
Telephone(970)5322096
DIRECTORS
Tom Reynolds 835 E.Highway 56
President August 7, 1998 DrawerG
Leo Bekel Berthoud,Colorado 80513
Keith Croonquisl
Glenn W Gibson
Dean Anderson
Carey J.Seomonson
James W Stroh
MANAGER:
Richard H.H.whitlet
William E. Harper
6237 Nottinghill Gate
Boulder, CO 80301
Re: Commitment for Domestic Water Service
Dear Mr. Harper:
This letter is in response to your request for an water
service commitment for 4 residential :Lots, in the proposed
subdivision described as follows:
A portion of the 8 1, SEC.13, T3N, R68W -- WELD COUNTY, CO
at 5425 WCR 32.
We currently have a 6" Dia. water line located along WCR 32
with additional capacity available Therefore, we will commit to
provide service to these residential lots via one standard
residential 5/8" X 3/4" water tap per lot, with the following
conditions:
1. In August of 1993 the Little Thompson Board implemented a
"system impact" fee of $1050 per lot for all lots to be added
to the system. This is due upon application for the taps.
2 . All improvements to District facilities required to
provide service will be the financial responsibility of the
developer in accordance with the District Rules and
Regulations. All improvements must conform to District
Specifications.
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for each lot in the
commitment. The cost of this water is subject to rebate from
the tap fees paid from the development.
4 . The installation of a fire hydrant requires payment of a
$2 , 000 fire hydrant fee prior to final approval of the
subdivisions lines.
5. If the fire flows that are required for your proposed
development are not available through the existing system you
will need to determine the appropriate size of water lines for
the proposed subdivision and may need to upgrade the water
service to the area to meet the fire flow requirements.
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date. The current fee for the domestic 5/8" X 3/4" tap is $5, 700.
As of September 15 1998 the tap fee will be $6, 000. These fees
area subject to change without notice.
If you have questions, please contact me in our office.
Regards
ichael T. Cook P.E.
District Engineer
WASTE WATER TREATMENT PLANT INFORMATION
State of Colorado Discharge Permit Number-CO-042021
The treatment facility is in excellent condition. The treatment facility has been continually serviced,and has
maintained operational compliance. The wastewater treatment facility is required by the State of Colorado Health
Department to be monitored. Reports are submitted monthly to the State.
This site is benefited by its ability to be self sufficient. It has its own waste water treatment facility which consists
of;a main septic tank for initial solids and BOD removal,a lift station to pump the wastewater to the lagoon,an
aerated lagoon with baffle for secondary biological treatment,and chlorination for disinfection.
All of the wastewater enters the main 2,000 gallon septic tank which provides pretreatment and acts like a primary
clarifier,removing floatable and settleable solids. The main tank's discharge flows to a lift station where it is
pumped to the aerated lagoon. The lagoon, which is approximately 142 feet by 61 feet by 7.5 feet deep,provides
nearly 22.5 days detention time for treatment. The volume encompassing the last 29 feet of the lagoon is baffled-off,
not aerated and used for settling. This provides approximately 20 days in the aeration pond and 3 days in the settling
area. From the settling area,the effluent is piped to a"tablet type" chlorinator and into a 595 gallon chlorine contact
chamber. The chamber capacity is 28,500 gallons per day.
The main septic tank provides an average detention time of 6.0 hours at a total flow of 8,000 gpd,4.8 hours at
10,000 gpd or 4.0 hours at 12,000 gpd. The septic tanks allow grit and heavy organic solids to settle and floatable
solids to float. Solids which accumulate on the bottom and top are pumped out by a septic tank pumper once a
month at the main tank. Treated water is discharged into Lake Thomas in accordance with a license with Public
Service Company of Colorado,the owners of Lake Thomas. (See PSCO License Agreement)
September 23, 1998
Mr. William E. Harper
6237 Nottinghill Gate
Boulder, Colorado 80301
Re: Thomas Lake Development (Formerly Country View Center)
Colorado Discharge Permit COG-582017)
Dear Mr. Harper:
Per your request, I have reviewed your proposed development for Thomas Lake regarding its
projected sewage flows on the capacity of the referenced aerated lagoon. Attached you will find
calculations for the projected flow and detention time within the lagoon.
In reviewing the calculations, you will see the ultimate flow, 6200 gpd, is less than the permitted
capacity, 12,000 gpd,of the facility. At 6200 gpd,the detention time of the projected flow will easily
exceed the Colorado Department of Public Health and Environment's minimum detention time of
12 days. Therefore, this development will not require an expansion of the treatment facility.
Furthermore, the addition of a septic tank for the 4 new homes upstream of the lagoon will reduce
the organic and suspended solids loading on the plant.An existing septic tank upstream of the lagoon
will continue to serve the existing farm house and 18 unit apartment complex.
This analysis indicates your proposed development will not have any deleterious effects on the
aerated lagoon system. If you have any questions, do not hesitate to contact me.
Sincerely, ru
Kenneth L. Keil, P.E.
opt
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^4y
STATE OF COLORADO
Roy Romer,Governor .Qp;c
Patti Shwayder,Executive Director
•
Dedicated to protecting and improving the health and environment of the people of Colorado �e-
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * " •
• '. a
Denver,Colorado 80246-1530 8100 Lowry Blvd. lats t
Phone(303)692-2000 Denver CO 80220-6928
Located in Glendale,Colorado (303)692-3090 Colorado paralu ent
of Pllbhr
http://www.cdphe.state.co.us Heth
and Environment
January 5, 1999
William E. Harper, Owner
Thomas Lake Subdivision
6237 Nottinghill Gate
Boulder, CO 80301
RE: Correction in Permit
Wastewater Treatment Plant
CDPS Permit No: COG-582017; Weld County
Dear Mr. Harper:
Per a letter dated December 22, 1998, we have corrected Page 1 of the Permit Certification and Page 1 of the
Rationale to reflect the following change:
The facilities name changed: from Harbor American Health Care to Thomas Lake Subdivision.
Enclosed are the corrected pages of your permit. Please place the enclosed pages in your permit and discard the
original pages.
If you have any questions regarding this matter, please contact me at (303) 692-3599.
Sincerely,
Darlene Casey, Administretivc Assistant
Administration Unit
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
xc: Permits Section, EPA, Mike Reed, Permits Team Leader (8P2-W-P)
Local Health Department
Victor Sainz, D.E., Technical Services Unit, WQCD
Leslie Simpson, Compliance Monitoring & Data Management Unit, WQCD
John Farrow, Assessment Unit, WQCD
Fees File
Permit File
/dc
enclosure
STATE OF COLORADO
Roy Romer,Governor pF to
Patti Shwayder, Executive Director ti�
y<
Dedicated to protecting and improving the health and environment of the people of(ulorado
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division C .
Denver,Colorado 80246-1530 8100 Lowry Blvd. 'is 76
Phone(303)692-2000 Denver CD 80220-6928 --- --_ --- -
Located in Glendale,Colorado (303)692-3090 Colorado Department
of Publc Health
http://www.cdphe.state.co.us and Environ ment
January 6, 1999
William E. Harper
Thomas Lake PUD
6237 Notting Hill Gate •
Boulder, CO 80301
RE: Renewal Application for the Thomas Lake PUD, Permit No. COG-582017, Weld
County
Dear Mr. Harper:
The additional information submitted to the Division, site plan (10/9/98) and engineer's report
(9/23/98), were reviewed and found that no modifications, at this time, will need to be made to
the existing wastewater discharge permit. Should any modifications to the permit be needed, they
will be made at the time the permit is drafted for renewal.
Sincerely,
Qfz�C,
Karen Young
Environmental Protection Specialist
Permits Unit
Water Quality Protection Section
Water Quality Control Division
xc: Local Health Department
Victor Sainz,District Engineer,Denver()Ilice
MS-3 File
06/17/98 WED09:21 FAX 1 520 326 7375 KEYSTONE RTC PART ENS QJ 009
•
LICENSE
THIS LICENSE, made this Mph day of MeV , 1988 ,
by and between PUBLIC, SERVICE COMPANY OP COLORADO, a Colorado corporation,
hereinafter called "L icansor COUNTRY VIEW CARE CENTER, ARA, •
Dev Con, Inc:
hereinafter called "Licensee"; •
•
•
WITNESSETH: •
WHEREAS, Licensor owns a parcel of land in Sw) of Section 13,
Township 3 North, Range 68 West of the 6th P.N.
County of Weld , State of Colorado, as
shown on Exhibit A; and ,.
•
WHEREAS, Licensee has requested permission to construct, operate, •
maintain and repair facilities consisting of one 6 inch sanitary sever
line described as follows;
•
License Upon Stated Conditions •
•
•
All that portion of land thin the following described twenty foot
(20') License situat in the Southwest Quarter of Section 13,
Township 3 North nge 68 Vest of the 6th Principal Meridian, Wald •
county, Color o, Said twenty foot (20') License centerline being •
more rt arly described as follows: •
'Commencing 'at the South Quarter Corner of said Section 13 and
eonsiderin6 the South line of the Southwest Quarter to bear
,'6outh 90'00'00" West with all bearings •herein being relative • •
thereto:
Thence South 90'00'00" West, a distance of 166.20 feet; •
Thence North 00'00'00" East, a distance of 489.90 feet;
Thence South 68'00'00" Vest, a distance of 263.00 feet;
Thence South 88'00'00" West, a distance of 146.00 feet; •
Thence South 00'00'00" Vest, a distance of 64.10 feet;
Thence South 78'00'00" West, a distance of 283.00 feet,
more or less, to the True Point of Beginning.
•
• Thence North 06'00'00" East, a distance of 500.00 feat, more or
less, to the Lake Thomas High Water Line. Said point being the True
Point of Termination.
• Temporary Construction License •
Also, a thirty foot (30') vide temporary construction License
adjacent to and contiguous with the North and East sides of the
above described permanent License. .
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00)
the receipt of which is hereby acknowledged, Licensor does hereby authorize •
Licensee to locate its said facilities on the promises as more particularly
described above subject to the following terms and conditions, to wit: .
1. The tarn of the agreement shall be for five years with incremental
extensions for five years thereafter upon issuance of renewal wastewater
discharge permits, for the facility, by the State of Colorado.
I: The Licensee shall provide copies to Public Scriice of the
wastewater,discharge, permit application, draft permits, and the final permit •
received as well as copies of discharge monitoring reports prepared and
submitted to the state as requited by the permit.
•
This information shall be forwarded to:
•
Hr. Peter Cohlmia •
Environmental Coordinator •
Public Service Company of Colorado
5900 East 39th Avenue
Denver, Colorado 80207
3. After initial cons._.ction and thereafter. in the even.. of
resettling, Licensee shall restore the surface of the premises by grading and
compacting any irregularities left after construction.
4. Licensee shall reimburse Licensor for all costs involved for
replacing and resetting any section corners, quarter corners, ownership
monuments, rights-of-way markers and reference points, disturbed or destroyed
during the construction, operation, maintenance or removal of said facilities.
3. This License is issued subject. to any prior licenses, easements or
1 granted by the Licensor for improvements of other parties.
6. Licensor reserves the right to license others to install improvements
in, on, under and along the premises provided that same shall not interfere
unreasonably with facilities herein authorized.
7. Licensee shall notify in writing Licensor, Peter Cohlmia, by phone at
329-1961, at least four (4) days prior to the beginning of any construction of
• the facilities in order that a representative may be present during such work.
Directions given by such representative,relating to the safety of Licenser's
structures shall be followed.
8. Licensee shall indemnify and save and hold harmless the Licensor
against all claims and liability for damages, loss or expense caused by any
injury or death to any nation or damage to property if the same shall in any .
way be connected with or result from the.negligent.use of the said premises by
Licensee or its agents.
9. In the' event that Licensee's use of premises should, in the sole
judgment of Licensor, interfere with Licenser's use of premises or constitute
a hazard to Licensor's structures or the general 'public, Licensor may require
imiediate relocation or modification of Licensee's facilities to eliminate
such interference or hazard and may suspend Licensee's right to use the
premises under this License until, such relocation or modification is
completed.
•
10. Upon abandonment of the use of the premises by Licensee, or .the
violation of any of the covenants hereof, the permission and right herein
granted shall terminate. ',Upon termination, Licensee shall remove its
facilities from premises. If Licensee should fail to remove its facilities,
Licensor may remove said facilities at the expense of Licensee.
11. Licensee shall not assign the License nor any rights hereunder
without the prior written consent of Licensor. Any assignment without such
consent shall in no way be binding upon Licensor and shall give Licensor the
option to terminate this License. Subject to the foregoing restrictions, this
License 'shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed the day and year
first above written.
ATTEST: PURLIC SERVICE COMPANY OF COLORADO
An intsnt Secretary Vice President
•
•
Accepted this day of , 19__
ATTEST: . -
• COUNTRY VIEW CARL CENTER. ARA
D Con, Inc
Secretary Title: U
•
—. _ .. .
•
Ub/1/i`Jb ""Ell U9: 19 tAA 1 J2U JZD iJiO Kt1J1UNt !111v YAK1\LKJ �UU,
FIRST AMENDMENT TO LICENSE
This First Amendment to License ("Amendment") is entered into this 22°" day of
May, 1998, by and between Public Service Company of Colorado ("PSCo"), a Colorado
corporation with principal place of business at 1225 17'" St., Denver, Colorado 80202 and
Healthcare Investors of America, Inc. ("Healthcare"), a Delaware corporation with
principal place of business at 2990 N. Swan Road, Suite 228, Tucson, AZ 85712.
Recitals
A. On May 24, 1988,PSCo and Country View Care Center, ARA, Dev Con,
Inc. ("ARA") entered into a License allowing ARA to construct, operate, maintain and
repair facilities ("Discharge Facilities") used to discharge waste water from its nursing
home ("Property") into PSCo's New Lake Thomas located in Weld County, Colorado. A
copy of the License is attached as Exhibit A.
B. At some time between the date of the License and the date of this
Amendment, ARA transferred the Property and Discharge Facilities to Healthcare (then
known as Harbor American Healthcare Trust, Inc.)without obtaining PSCo's consent to
the transfer.
C. Healthcare now seeks, and PSCo is willing to grant, an extension to the
License subject to the terms and conditions contained in this Amendment.
Agreement
NOW THEREFORE, in consideration of the mutual promises contained in this
Amendment and other good and valuable consideration, the receipt and sufficiency of
which is acknowledged by the parties, PSCo and Healthcare agree as follows:
1. The License is incorporated into this Amendment by reference and is in full
force and effect; except as modified by this Amendment.
2. PSCo consents to the assignment of the License, as amended herein, to
Healthcare. Healthcare shall not assign the amended License nor any rights under the
License or Amendment to any third party without the prior written consent of PSCo,
which consent shall not be unreasonably withheld. Any assignment without such consent
shall in no way be binding upon PSCo and shall give PSCo the option to terminate the
amended License. Subject to the foregoing restrictions, the amended License shall inure
to the benefit of and be binding upon the successors and assigns of the parties hereto.
3. The term of the License is one year from the date of this Amendment. At
the end of this one year term, this License shall terminate automatically unless extended by
PSCo in writing.
06/17/98 WED 09:20 FAX 1 520 326 7375 KEYSTONE MTG PARTNERS BOOS
the T : without notiw it
4. in its sole discretion, PSCo may terminate CRC L1GGi1Jc uvuw if��
believes that the discharges to the Lake from the Discharge Facilities or the Property may
be adversely affecting the Lake or contributing to any odor problems allegedly associated
with the Lake.
5. Healthcare shall provide copies to PSCo of any documents associated with
the discharge from the Property or the Discharge Facilities to the Lake, including but not
limited to draft and final permits and associated applications and amendments, as well as
any discharge monitoring reports submitted to the State of Colorado. These documents
shall be provided to:
Terry Staley
_ _. ___Environmental Services Department _--- . -.-_ _ .
New Century Energies, Inc.
550 15th Street, Suite 1000
Denver, CO 80202
IN WITNESS WHEREOF, this Amendment has been executed as of the date first
written above.
PUBLIC SERVICE COMPANY OF COLORADO
Print Name: 0.n/. tr ,La
Title: Scum* N/4Nlet'x ComelO4/7t Se7Nt/Kr`s,
HEALTHCARE INVESTORS OF AMERICA, INC.
es R. Sellers
Agent for Healthcare Investors c."America, Inc.
V �J. JJ !!1. lu uu . .)- � u�u u�u uu ♦..- uau.i._. ...0 ♦ ... ..�.l.J z ..
JUL 23 1998 11:05 FR t '1 CENTURY ENERGIES 303 294 bid T" 915203267375-241 P.02'03
PRANK P. PRAM
A,Ieciele G.nerol Counsel
70 NEW CENTURY
imitates-
1223 17th S,reel, Suit. 600
Denver. Colorado 80202-5333
PUBLIC SCAVICr telephoto, 303.294.110S
COMPANY O/COL ?ea 303.294.8255
seer/MW E-Moil: fpreger@msp.psco.cem
IMAM! SIIVICI COMPANY'
[MIVIMMI 110M/
PAIL A POWER"
By Facsimile
July 23, 1998
James it Sellers
Advisor
Healthcare Investors of America, Inc.
2990 N. Swan Rd., Suite 228
Tucson, Arizona 85712
Re: County View Care Center
5425 Weld County Rd. #32
Dear Mr. Sellers:
In accordance with the paragraph 2 of the First Amendment to License dated May
22, 1998 by and between Healthcare Investors of America("Healthcare")and Public
Service Company of Colorado ( PSCo"),PSCo hereby consents to the assignment of the
amended license to discharge wastewater from the above-captioned facility into PSCo's
New Lake Thomas. This consent is conditioned on the following:
1. - The assignee will be William E. Harper.
2. In accordance with the amended license,Mr. Harper will be bound by all
of the terms and conditions of the license and the First Amendment to the license.
3. Mr. Harper will provide PSCo with written notice of his intent to be bound
by the terms and conditions of the license and the First Amendment to the license on or
before July 24, 1998.
4. Within ten business days after closing,you or Mr. Harper will provide
PSCo with a copy of all documents reflecting the terms of your sale to him as described
in your letter.
5. This consent will automatically terminate if the closing of the sale of the
above-captioned facility to Mr. Harper does not take place on or before July 24, 1998.
Ui , CO 0inL IU.as r.is I o[U ozo .o.a nt1S!U',t 'sIU t-usNtna 'Uuo
JUL 23 199E 11:09 FR ' -W CENTURY ENERGIES 303 294 8255 T 915203267375-241 P.03'23
James R Sellers
July 23, 1998
Page 2
Please indicate your consent to the terms set forth in this letter by signing where
indicated below and returning the executed document to me by facsimile.
Very Truly Yours,
Frank P. Prager
Attorney for Public Service Company
of Colorado
Agreed and Accepted this.,day of July, 1998.
By James R. Sellers,Advisor
Healthcare Investors of America,Inc.
02/23/99 09:01 FAX 970 352 2868 WELD PUBLIC WORK 2001
- II
22199
To:
Mr_Don Carroll,Engineering,Weld County Public Works Dept
From:
William E.Harper
6237 Nottinghill Gate
Boulder, CO 80301
Re: S-475;Thomas Lake Nil3,Possible adjustments to the cul-de-sac layout.
Dear Don,
Enclosed please find the"red line"adjustments 10 the cul-de-sac we discussed last week The proposed
adjustment to the cul-de-sac simply reduces the length(north-south)by 35 feet and does not materially
affect any aspect of the PUD. All radius',xightof-way's,and easements simply adjust as well. The
proposed adjustment meets all County regwxemema and is being done to improve the aesthetic appearance
of the subdivision by reducing the length of the road and this the amount of asphalt If you have a
conflict with the proposed change please let me know and I will not make any changes to the original plan
which has been submittedd.
If you are not opposed to the proposed adjustment of the cul-de-sac,would you please write a brief
statement acknowledging the fact Thank you for your time concerning this matter_
Sincerely,
iaak 37-1 William E_Harper
23c.) Pj77-o r•/
02/23/99 09:07 TX/RX NO.4623 P.001
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