HomeMy WebLinkAbout992082.tiff Monday, 13 September, 1999
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80632 -
RE. Docket#: 99-54
Name: Tom and Margaret Russell
Request: Change of Zone#527 from A(Agricultural)to PUD(Planned Unit Development)
to create five(5)E (Estate)zoned lots-The Peaks at Mountain View
Legal Desc: Lot B of Recorded Exemption#2150; being part of the SE1/4 of Section 5,
Township 1 North, Range 68 West of the 6th P.M.,Weld County, Colorado
As we've indicated in a previous letter to the Weld County Department of Planning Services, the concept of
the proposed deveiopment is bearable, provided the final plan considers the heretofore agreed upon
conditions:
• Reconfigure the entry road from its proposed intersection with Fir Avenue on the eastern boundary(See
plat dated 5/18/99)to a location approximately 120 feet south,thereby minimizing the adverse esthetic
and traffic related impact on current Carmacar neighbors across Fir Avenue.
• Reduce the current building envelope sizes from the current maximum of 36+%of lot size to a
maximum of 25%. This would lessen the chance of a"sprawling" environment for building construction
and subsequent visual obstructions to the west and also retain more of an open, agricultural
atmosphere.
• Increase the buffer zone between the proposed building envelopes and the existing Carmacar homes
that will be more severely affected by shifting the envelopes an additional 50-100 feet further west. The
buffer zone(edge of building envelope to lot edge)to the west is currently wider than they are to the
east where there are more people impacted. The southern open space area is large, but provides little,
if any, buffer for Carmacar residents.
• Consider impact on water pressure and plan accordingly. What main line will be tapped to service
home sites? Provide fire hydrant near intersection of entry road and Fir Avenue.
• Ensure that the quality of homes is consistent with surrounding properties by defining housing as single
family dwellings and excluding manufactured, modular and mobile homes through covenant stipulation.
• Consider allowing Carmacar neighbors to use adjacent planned open space for equestrian and walking
purposes, recognizing that there must be a liability concession from Carmacar residents.
PLEASE NOTE: We have recently learned from the applicant that there is potential for a bulk sale of the
property to parties previously uninvolved. We, the adjacent property owners, have negotiated in good faith
with the applicant'o come up with a development plan that's agreeable to all parties currently involved. We
would find it very disturbing to find out that a new owner would not honor the aforementioned commitments
and decide to burden Carmacar residents and public officials with needless hearings to substantially revise
what is currently being proposed AFTER rezoning from Agriculture to PUD(Estate). Not knowing the
ramifications of such a sale after rezoning but before final plan submission, we respectfully request that the
Board question the applicant's intentions regarding this sale and clarify the new owner's strategy for
development.
Yours truly, (�
K;71,x/ (� left tc\c”-,4:vaitet ' N
Chester C. and Margaret J Haun
5446 Fir Avenue
Erie, CC)80561
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99.408,9)
440t MEMORANDUM
WI )l TO: The Board of County Commissioners
COLORADO FROM: Eric Jerman, Planner
SUBJECT: Z-527
September 15, 1999
Included in the packet that you have received today are the following:
1. Memo from Eric Jerman on renumbering of the sections from the Resolution
approved by the Planning Commission to reflect the appropriate sections from the
PUD Ordinance.
2. Memo from Public Works on a maintenance and improvement agreement with Peaks
at Mountain View.
3. Two letters from surrounding property owners.
4. Letter from Leeburg &Associates requesting that the Board grant the Department of
Planning Services' staff the opportunity to review the Final Plan and forego the
hearing before the Board of County Commissioners.
5. Memo from Linn T. Leeburg stating that the PUD Final Plan and plat shall include
language excluding mobile and manufactured homes from the subdivision.
6. Letter from Left Hand Water District stating that the District is "capable and willing to
serve the development, through a standard Subdivision Service Agreement."
7. Letter from Linn T. Leeburg including a Subdivision/Multiple Tap Service Agreement.
Agreement is signed by Karen Libin (listed as the applicant). I called the Kathy
Peterson, General Manager at Left Hand Water District on 9/15/99 and she indicated
that staff had approved the agreement and that she expects their Board to also
approve and sign the agreement on 9/16/99 at their meeting.
8. Memo frcm Linn T. Leeburg indicating minor changes to the minutes that were taken
for the hearing for the Planning Commission.
Eti1T
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SERVICE.TEAMWGR%,INTEGRITY.QUALITY
ettt; MEMORANDUM
WI ' TO: Board of County Commissioners September 2, 1999
COLORADO From: Eric Jerman Planner
SUBJECT: Renumbering and Changes to the Planning Commission
Resolution for Z-527, Tom Russell, Peaks at Mountain View Subdivision
I inadvertently referenced the section numbers contained in the Zoning Ordinance for the
resolution that was approved by the Planning Commission. The following sections correctly
reference the PUD Ordinance sections that pertain to the Change Of Zone phase of the
application process. The Department of Planning Services' Staff requests that the Board
renumber the sections on the Resolution to correspond with the sections from the PUD
Ordinance.
Renumber the Resolution for Z-527 considered by the Board of County Commissioners to read
as follows:
1. The submitted materials are in compliance with Section 6.4.3 of the Weld County
Planned Unit Development Ordinance#197 as follows:
A. Section 6.4.4.6.1 That the proposal is consistent with the Comprehensive
Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in
effect influencing the PUD, and the Weld County Zoning and Subdivision
Ordinance. A.Goal 1 states "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of agriculture."
The subject property is categorized as prime farm ground by the USDS
Soil Conservation map. The small size and the shape of the site makes it
difficult to farm. A.Policy 7 states "Weld County recognizes the 'right to
farm". In order to validate this recognition Weld County has established
an example covenant which should be incorporated on all pertinent land
use plats." The Department of Planning Services will require the covenant
to appear on the recorded plat. The proposed subdivision is not located
within the Mixed Use Development area.
B. Section 6.4.4.6.2 That the USES which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone
District contained in Section 2 of this Ordinance. Department of Planning
Services' staff has determined that the submitted application does comply
with the 20 standards described in Section 2.
C. Section 6.4.4.6.3 That the USES which would be permitted will be
compatible with the existing or future development of the surrounding area
as permitted by the existing Zoning, and with the future development as
Renumbering Resolution for Z-527 1
IT
projected by the COMPREHENSIVE PLAN or MASTER PLANS of
affected municipalities. The proposed site does not lie within an urban
growth area, nor is the applicant proposing an urban scale development.
The right-to-farm covenant will be attached to the request thus informing
any new residents that the area the surrounding community is agriculture
in nature. The Department of Planning Services believes that the granting
of this change of zone will have a minimal impact on the surrounding land
uses. Carmacar Ranchettes to the east has similar sized Lots.
D. Section 6.4.4.6.4 That the PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards in Section 2 of this Ordinance. Domestic
water and water for fire protection shall be provided by Left Hand Water
District. Each lot for the proposed minor subdivision shall have an
Individual Sewage Disposal System (ISDS) installed per the Weld County
Health Department requirements and specifications.
E. Section 6.4.4.6.5 That STREET or highway facilities providing access to
the property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the USES of the proposed
Zone District. The Weld County Public Works Department reviewed this
request and indicated that the 60-foot right-of-way shall have further
delineation of 12-foot driving lanes with four-foot shoulders. This issue is
addressed through Condition of Approval #3.A.3. Improvements to the
internal road will be required, and shall be ensured through the
Improvements Agreement.
F. Section 6.4.4.6.6 In the event the STREET or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway
facilities in conformance with the Transportation Section of the
COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD
Ordinance, if applicable. This shall be shown by submitting, with the PUD
district application, a separate proposal for on-site and off-site
improvement agreements. This proposal shall describe, in detail, the type
of on-site improvements in compliance with Section 12 of the Subdivision
Ordinance and off-site road improvements in compliance with Section 13
of the Subdivision Ordinance, to determine if the requirement for STREET
or highway facilities providing access to the property has been satisfied.
The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements. Improvements to the internal road
will be required, and shall be ensured through the Improvements
Agreement.
G. Section 6.4.4.6.7 That there has been compliance with the applicable
requirements contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site. The proposed change of zone does not lie within any overlay district
identified by the maps officially adopted by Weld County. The proposed
rezoning does not contain the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extraction to any greater
extent than under the present zoning of the property. Soil conditions on
the site are not such that they present moderate or severe limitations to
Renumbering Resolution for Z-527 2
the construction of structures of facilities proposed for the site. In a
referral response dated 5/28/99, the Weld County Building Inspection
Department is requiring engineered foundations for each structure, A
soils report will need to be included with blueprints when building permits
are applied for with the Weld County Building Inspection Department.
This issue is addressed through Condition of Approval #4.B.
H. Section 6.4.4.6.8 Consistency exists between the proposed zone district,
USES and the Specific or Conceptual Development Guide. The
submitted Development Guide does accurately reflect the performance
standards and allowed uses described in the proposed zone district.
2. Delete number two and all of the wording associated with it.
3. Delete number three and all of the wording associated with it.
Renumbering Resolution for Z-527 3
AUG-24-99 TUE :9 : 51 AM WELD COUNTY PUBLIC WKC7 FAX: 9703522868 PACE 1
.7:4 St>\" MEMORANDUM
4-- Ctit VII1 TO: Eric Jerman, Planner DATE: August 23, 1999
FROM: Donald Carroll, Engineering Administrator AJ!
CSUBJECT: 5-468: Tom and Margaret Russell (Peaks at Mountain View)
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� Additional Requirement
COLORADO
The applicant shall enter into a Road Maintenance and Improvements Agreement with the Weld County Public
Works Department to provide dust suppresant on the designated access route.
The Weld County roads that serve the PUD will require additional maintenance and improvements due to the
increase in vehicle traffic. The first application of dust suppressant shall be placed prior to construction traffic being
routed to the site.
cc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
S-468
plan16
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COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of _, 1999, by
and between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Torn
Russell (Peaks at Mountain View PUD), hereinafter called "Russell," and
WHEREAS, Russell has been granted a Weld County Planned Unit Development for five
residential lots on 40 acres, in Section 5, Township I North of Range 68 West of the 6th PM.
WHEREAS, the PUD generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the PUD will require increased maintenance
and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Russell have reviewed maintenance and improvements proposals
put forth by Russell, and both parties agree that such maintenance and improvements will enhance the
accessibility and safety of the roads that serve said PUD.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the county and Russell agree as follows:
1. Term_The term of this agreement shall be from the date first written above to and
until Peak Lane, a portion of Fir Avenue south of Peak Lane and all of Spruce Drive is paved.
2. Location: The county roads which serves said PUD are Spruce Avenue, Fir Avenue,
Mountain View Street, and Pikes Peak Street, all within Carmacar Ranchettes Subdivision.
3. Improvement and Maintenance to the Peak Lane portion of Fir Avenue south of Peak
Lane and all of Spruce Drive:
A. The County shall be responsible for general maintenance, including grading
and snow removal.
B. The County shall prep and grade said roads prior to the applicant applying
dust suppression chemicals.
C. Russell will apply dust suppression chemicals on said roads, as needed, as
determined by Department of Public Works, no less than twice a year.
4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties, and nothing
contained in this Agreement shall give or allow any claim or right of actions whatsoever by
any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
Road Maintenance and Improvements Agreement
page 2
5. Indemnification: To the extent authorized by law, Russell agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Burman in his performance of the duties set forth in this
Agreement on those portions of said roads described in this Agreement. The term liability
includes, but is not limited to, any and all claims, damages, and court awards, including costs,
expenses, and attorneys' fees, incurred as a result of any act or omission by Russell and its
employees.
6. Modifications and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction,whether oral or written. No modifications,
amendment, novation, renewal, or other alteration of or to this Agreement shall be
deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing
by the undersigned parties. No breach of any term, provision, or clause of this Agreement
shall be deemed, waived, or excused, unless such waiver or consent shall be in writing or
signed by the party claimed to have waived or consented. Any consent by any party hereto, or
waiver of, a breach by any other party, whether expressed or implied, shall not constitute a
consent to, waiver of, or excuse for any different or subsequent breach.
7. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Russell, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
BY: Dale IC. Hall, Chair
Deputy County Clerk
TOM RUSSELL
BY:
TITLE: Owners
m:\wpfiles\agreement\road.pjg
LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0(303) 442-2428
September 7, 1999
Mr. Eric Jerman
Planner
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
Re: Z-527 The Peaks @ Mtn View
Dear Eric:
The Board of County Commissioners (BOCC) of Weld County, Colorado is scheduled to review
the Change of Zone request for the subject property on September 15, 1999. Assuming approval
of the request by the Commissioners, I intend to submit, on behalf of the owners, the PUD Final
Plan & Plat shortly thereafter.
It is my understanding that upon request of an applicant the BOCC can authorize review of the
Final Plan &Plat by Planning Staff. Given the knowledge Staff possesses of the project and the
positive working relationship between Staff and the applicant, it appears such a request is to the
benefit of all parties as long as the review and approval process is not delayed by such action.
It is, therefore, respectfully requested of the Weld County Commissioners that the Department of
Planning Services review case Z-527 for the Final Plan Stage.
Thank you for your consideration.
Sincerely,
Linn T. L.eebur
Enclosure
I hit
h
cc: Ms. Karen Libin
4 *Watt
FROM : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 10 1999 11:45AM P1
FAX TRANSMISSION
LINN T. LEEBURG
707 Hawthorn Avenue
Boulder, CO 80304
(303) 442-2428
Fax: (303) 444-8325
To: ,/-, ..2G-�. .n Date: 7 t �r
9 0_.30 � �8
Fax#: � Pages; 2- , including this cover sheet.
From: Linn T. Leeburg
Subject:
COMMENTS:
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EXHIBIT
FROh1 : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 10 1999 11:4SAM P?
The Peaks @ Mtn View
Case Number Z-527
In the course of the Change of Zone proceedings before the Weld County Planning Commission,
public concern was expressed regarding the USE of modular, manufactured, and mobile homes on
the subject site. Planning Staff, at that proceeding stated that mobile homes were not allowed
within the E (Estate) Zone District.
The applicants' agent subsequently, in the proceeding, stated that consideration would be given to
excluding such USES.
ft is, therefore, planned in the course of preparation and submittal of the PUD Final Plan &Plat
for The Peaks @ Mm View and its attendant Specific Development Guide and in the preparation
of the required Declaration of Covenants, Conditions &Restrictions (CC&R's), that the subject
PUD further restrict USES above and beyond those stated in the Weld County Zoning Ordinance
dated October 12, 1997, Section 36 CO specifically, exclude those USES outlined in Section
36.2.1.2, Manufactured Home per Legal Lot, as defined in the Ordinance, Definitions, Section M,
page 10-13.
This planned action is brought forth for consideration of the Department of Planning Services and
the Board of County Commissioners to respond to the expressed concerns of adjacent property
owners and to help insure the creation of an attractive, quality living environment within and
adjacent to the proposed The Peaks @ Mm View Planned Unit Development.
Respectfully submitted,
Linn T. Leeb a
Dated September 9, 1999
FROM : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 13 1999 07:42RM F'1
FAX TRANSMISSION
LINN T.LEEBURG
707 Hawthorn Avenue
Boulder, CO 80304
(303) 442-2428
Fax: (303)444-8325
To: 2-,-,c Je«a r Date: fr/.I
Fax#: /-72e, --3://...1;yj Pages: /o , including this cover sheet.
From: Linn T. Leeburg
Subject; 4-z 9
COMMENTS:
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2 ri
_ EXHIBIT
7
FROM : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 13 1999 87:42RM F2 rn
LEFT HAND WATER DISTRICT
r•
September 10, 1999
Weld County Planning Department
Re: The Peaks @ Mountain View
To Whom It May Concern:
The Left Hand Water District has reviewed the plans for the above referenced, five lot
development. The District is capable and willing to serve the development, through a standard
Subdivision Service Agreement, following the installation by the Applicant of a waterline
extension from an existing line in Fir Avenue.
A standard Subdivision Service Agreement for this development will be presented to the Board of
Directors for execution on September 16, 1999.
Please let us know if additional information is needed regarding this matter.
Sincerely,
Kathy P terson
General Manager
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252
FROM : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 13 1999 07:43AM P3
LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 e(303) 442-2428
September 11, 1999
Ms. Kathryn Peterson
District Manager
Left Hand Water District
P. O. Box 210
Niwot, CO 80544
Re: The Peaks @ Mm View HID - Z-527
Dear Ms. Peterson:
Hand delivered to Left Hand Water on September 10, 1999 were a signed Subdivision/Multiple
Tap Service Agreement and two preliminary copies of the Final Plat and the proposed Water
System Plat for the subject POD. I am in receipt of Left Hand Water District's letter of
acknowledgment and am to understand the application will be reviewed by the Districr's Board of
Directors on September 16, 1999.
The Weld County Board of County Commissioners (BOCC) are scheduled to review the final
Change of Zone application on September 15, 1999. Assuming favorable action and approval of
the Change of Zone to PUD - Estate classification, it is planned to submit the Final Plan & Plat
shortly thereafter with County approval anticipated in November. Per the Subdivision Service
Agreement, 40% pre-payment of the current plant investment fee is due and payable to Left Hand
by the applicant within 10 days of Final Plat approval.
Scheduled construcsion stare is anticipated to be late November or early December. Per the
District's Utility Installation Permit processes, appropriate notifications, tests, etc. will be
arranged for between the applicant, contractors, and Left Hand's inspectors.
Thank you for the responsiveness, courtesy, and professionalism demonstrated by yourself and
your staff relative to this matter.
On behalf of the applicant, I look forward to the Board's execution of the Agreement on
September 16th.
Sincerely,
Linn T, Leeburg
Agent for Karen Libin
ig. EXHIBIT
Z.
ea#527
FROM : LEEBURG 8 ASSOCIATES PHONE NO. : 4422428 Sep. 13 1999 07:43AM P4
SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
T
1. PARTIES. The parties to this Agreement are the LEFT RAND WATER DISTRICT, a title 32
special district, ('District")and Karen Libiia ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed, as
described herein. The,District is a special district organized under Colorado law which provides treated water
service to its customers for which monthly service charges are made, The Applicant desires to purchase water
taps for the development project. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such domestic water service to the proposed project. Accordingly, the
parties agree to the following provisions in consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF PROJECT.For purposes of this Agreement, the term "project" shall
the pr perry deacri ed on Exhibit A which is attached and incorporated herein, and which is known a;
'T to __ t/e'"-' Subdivision. The Applicant agrees to furnish a reproducible copy of the
preliminary plat to the District and said plat is expressly incorporated in this Agreement. Any change or
alteration in the aret6 sire, shape, density, usages, requirements, tap equivalents needed, or timing of
development of the subdivision which may affect the number of tap equivalents required for the project or the
method or mariner of the provision of water to or within the project shall first require the written approval of
the District.
4. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term"tap"
shall mean that size of a connection to one of the District's treated water distribution lines and which is utilized
and designed for a single family or its equivalency pursuant to the District's rules and regulations. The total
number of units for the project will be 5 . Applicant requests and agrees to purchase, and District
commits to sell, 5 __. tap equivalents pursuant to this Agreement.
5. TAP PURCHASE. Within 10 days of final plat approval, the Applicant will tender to the District a
check in the amount of $ 10.470,00 representing pre-payment of 40% of the current plant investment fee
component of the total tap fee charged by the District for S taps, with a deferral of the other
components of the tep fees, including transfer of the raw water units required by this Agreement, until
anticipated activation of the tap.
5.1 Applicant agrees to complete the purchase of the committed taps by payment of the
remaining components of the then applicable tap fee, excluding the raw water component, in
accordance with the following schedule, provided that any taps purchased in full in any given
year in excess ofthe minimum specified below shall be credited to the following year's minimum:
1 taps in year 1
1 taps in year 2
1 taps in year 3
1 taps in year 4
1 taps in year 5
FROM : LEEBURG 8 ASSOCIATES PHONE NO. : 4422428 Sep. 1T 1999 07:44RM PS
5,2 in the event that,the Applicant fails to complete the purchase of the minimum number of taps in
each year specified above, or fails to complete the purchase of all _5 ,taps by
September 16 _ _. , 2004 _the District shall retain the 40% deposit and the raw
water shares/units transferred hereunder as liquidated damages and the obligation of the District
to provide further taps shall be terminated. The undersigned acknowledges that:by extending this
Agreement,the District has agreed to commit a definite portion of the total capacity of its system
to the Applicant and therefore must look to the Applicant for performance of its obligations to
purchase the committed taps in order for the District to meet its financial obligations.
5.3 In the event of an intended increase in the tap fee charges(excluding the raw water component)
District agrees to give notice of the proposed increase to the Applicant at least 30 days in
advance of the effective date of such increase.
5,4 Upon completion of the improvements, the Applicant shall give District 90 days advance notice
of its intention to physically connect the development to the District's lines and facilities to
effectuate the raw water transfers. Applicant shall,before any such connection is made, transfer
the raw water and pay the balance of any amounts due and owing for such tap fees, including
without limitation, the raw water component (if water is not transferred to District) and other
components of the tap fee, in accordance with the District's then applicable few schedule.
6. RAW WATER TRANSFER
6.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.32 units of
Colorado-Big Thompson Project water, administered by the Northern Colorado Water Conservancy
District, for each tap purchased. The cash value of any excess units transferred to meet this
requirement shall be applied or credited to the balance of the remaining tap fees due and owing. The
raw water to be transferred shall consist of 7 C-BT units as may be adjusted pursuant to District
regulations. :In the event that raw water is not transferred to the District upon execution of this
Agreement, Applicant must obtain said units and effectuate the transfer of the raw water prior to
activation of the taps. In the event that Applicant can not obtain the required raw water on the open
market,the Applicant may, at the discretion of the District's Board and for good cenrse shown, make
a cash payment in lieu of the transfer of raw water,in such an amount as the District may determine to
be necessary to obtain raw water including administrative costs,transfer fees and other related costs,
or in accordance with its then existing policies,rules and regulations
. 6.2 Applicant shall give District 90 days advance notice of its intention to physically connect such
taps to the District's lines and facilities to provide the'District with sufficient time to effectuate the raw
water transfers,if needed. Applicant shall,before any such connection is made,transfer the raw water
and pay the balance of any amounts due and owing for such tap fees,including without limitation,the
fee in lieu of raw water component(if water is not transferred to District)and all other components of
the tap fee,in accordance with the District's then applicable fee schedule.
2
FROM : LEEBURG & ASSOCIATES PHONE N0. : 4422428 Sep. 13 1993 07:4SAM Pb
6.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu
thereof as set forth in paragraphs 6.1 and 6,2, or to pay the remaining components of the tap fees for
the total number of taps specified in paragraph 4, on or before the fifth anniversary of the initial
payment to the District of the plant investment fee component of the tap fee, shall constitute a default
Upon such default any sums paid hereunder by Applicant shall be retained by District as liquidated
damages for such default, It is understood and agreed by Applicant that the purpose of this
requirement for completion of the purchase of all taps within a five year period is based upon the
financial requirements of the District to fund its capital construction needs The District, by this
Agreement,has committed a definite portion of the total capacity of its system to the Applicant and,
therefore,must look to the Applicant for performance of its obligations in order that the District may
meet its capital construction and operating expenses. If there is a default by Applicant, District may
recommit such.taps to other applicants without further notice to Applicant.
7. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service,that all water lines
and appurtenant facilities required to provide water service within the boundaries of Applicant's project as
described on Exhibit A and all necessary transmission lines, connecting lines and appurtenant facilities
necessary to connect with the lines of the District as presently engineered and installed, shall be installed at
Applicant's sole cost and expense and shall be in accordance with design and specifications as fixed by the
District. Applicant agrees that the actual installation and construction shall be subject to the general, as
opposed to specific, supervision of, and inspection by, the District and all related costs of the District's
engineering study, review, approval and inspection (including the District's cost and expenses of obtaining
necessary easements if public rights-of-way are not available or if available, not feasible to, utilize) shall be at
the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund Fee, at the current rate of
$ 1,000.00 per fire hydrant as shown on the approved Plans. A total of 2 hydrants will be installed for a
total Fund Fee of$.2,000,00 . Applicant further agrees to give the District, through the District's Engineer,
adequate notice,prior to commencement of construction, of the date when such constnnction shall begin-
s. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements, rights-of-way, and
consents both within the project (if public utility easements are not dedicated,by the plat) and without the
project,if required. Such easements,rights-of-way and consents shall be provided prior to commencement of
construction.Those easements lying outside of the project and which may be required for the construction of
any portion of the wrier lines and appurtenant facilities which may be needed to service the,project(excluding
public rights of way), and as determined by the District in its sole discretion, shall be obtained by District but
at Applicant's expense. All such costs and expenses of easement acquisition shall be paid by Applicant to
District as a condition precedent to service to the project.
9. WATER SERVICE.
9.1 The Applicant acknowledges that District is responsible only for making domestic water
available to the project's individual taps at such pressure as may be available at the point of delivery as
a result of the District's normal operation of its water system. The District may temporarily disconnect
the flow of water in the main or at the individual points of delivery in order to repair, maintain, test.
eeemeoresereseeteepo
FROM : LEEBURG & ASSOCIATES PHONE NO. : 4422428 Sep. 13 1999 07:46AM P7
improve, or replace the main or other portions of the Districts water distribution, storage and or
supply system.
9,2 Applicant covenants and agrees that it will not make any warranties or representations to any
home builder, contractor, developer, landscaping contractor, home owner, lessee, tenant, property
owner,or any other person or entity, regarding the District's water system's capabilities, pressure, or
flows.
10. SALE OF LINES. Upon completion,approval and acceptance of the work by the District through the
issuance of the District's certificate of acceptance,this Agreement shall operate as a sale,conveyance,transfer
and assignment by the Applicant of all Applicant's interest and ownership in said lines to the District„free and
clear of all liens and encumbrances,and shall warrant that the work has been done in accordance with the laws
of the State of Colorado, and all other governmental subdivisions,agencies and units and in accordance with
the design standards and requirements of the District. Applicant shall guarantee the lines as installed against
faulty workmanship and materials to the District for a period of two years from conveyance and shall,during
said period, pay all ccst and expense of repair or replacement of said lines and, at the request of the District,
furnish a bond guarani eeing said repair and replacement. Upon completion,approval,acceptance,conveyance
and transfer of lines and facilities to the District, the District shall assume all responsibility thereafter, and all
cost and expense for operation and maintenance except as to the above two-year guarantee. Completion of
construction,inspection,approval and acceptance by the District,transfer of lines and facilities to the District,
payment of all construction costs and expenses required to be done and paid by the Applicant are conditions
precedent to the obligation of the District to furnish and provide water service to the project.
11. OVERSIZE LINES. hi the event Applicant shall be required to pay for installation of transmission
and connecting lines outside the boundaries of Applicant's subdivision,and District requires that such lines and
facilities be oversized to permit the use of those lines by the District to serve additional lands and property in
addition to the property of the Applicant,District agrees to establish the cost of such over sizing and to real ice
this cost to a "cost per tap" based upon the engineered capacity of the lines and the system which such over
sizing can serve. District and Applicant shall enter into a Line Participation Agreement which till provide,as
a minimum,that the District will impose a surcharge upon future users of the oversized line, said surcharge to
be calculated on a per tap basis utilizing District's engineering estimate as to the line's total capacity. During
a period of seven year's from and after the date of the Line Participation Agreement, but not thereafter, the
District will collect and pay to Applicant the collected line surcharges to reimburse Applicant for its additional
costs in paying for the over sizing of the line,
12. ` DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the
monthly service charges and all bylaws, rules and regulations of the District which may be in force from time
to time.
13. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding,the obligation of the District to furnish water service under this Agreement,is limited by,and
subject to all orders, requirements and limitations which may be imposed by federal, state, county or any
F:WOMENXIM‘SU9PNIENDin.'WM
4
FROM : LEEBORG & ESSOCIRTES PHONE NO. : 4422428 Sep. 13 1999 07:46RM F'8
governmental or regulatory body or agency having jurisdiction and control over the Distract and/or the
operation of its domestic water system and treatment facilities.
14. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or times
as may be requested by District, Applicant agrees to furnish District the following
14.1 A topographical survey of the property described in this Agreement; and
14.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or agencies,
together with requirements and conditions fixed by such entities for development and evidence of the
Applicant's compliance or plan for compliance;and
14.3 In the event the initial area to be served under this Agreement is not the entire project to be
developed by Applicant and the remainder is being planned as a phased development, Applicant shall
furnish sketch.plans,preliminary plats and/or plans as developed by the Applicant with reference to the
tirture total development of the entire property, It is understood and agreed that a request for
information as to future plans and developments of the Applicant(and the consideration of such plans
by the District in connection with its obligation to service Applicants above-described land under this
Agreement) shall in not be construed as an agreement or obligation of District to serve such other
lands, additional lands, or areas proposed by the Applicant for such future development beyond that
provided in existing written commitments. All information required to be furnished to District by
Applicant shall be provided at Applicant's expense.
144 Recorded plats and drawings ofthe development,including a mylar map and AutoCAD diskette
files certiflea by Applicant's engineer depicting all lines, valves, fittings and appurtenances as
constructed, installed, and transferred pursuant to Paragraph 7 above.
15. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this
Agreement shall beexcused if such delays or failure are a result of acts of God and nature, ores, floods,
strikes,labor disputes,accidents,regulations or orders of civil or military authorities,restrictions or limitations
contained in any initiative approved by the voters, shortages of labor materials, or other causes, similar or
dissimilar, which are beyond the control of such party, including any governmental orders, directives,
requirements or limitations described above.
16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and
reference, and are not intended in any way to define,limit, or describe the scope or intent of the Agreement.
17. ADDITIONAL DOCUMENTS OR ACTION. Theparties agree to execute any additional
documents and to take any add to out this Agreement.
additional action necessarycarry
18. INTEGRATION AND ANMNDIVIENT;PRIORAGREEMENTS. This Agreement represents the
entire agreement between the parties and there are no oral or collateral agreements or understandings.
This
Agreement may be amended only by an instrument in writing signed by the patties. The Applicant shall
reimburse the District for any expenses incurred by the District in connection with any amendment of this
r-MomCWmWAAD11MSVdl wd
5
FROM : LEEBURG & RSSOCIRT=S PHONE NO. : 4422428 Sep. 1? L999 07:47PM F9
Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable,no
other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall
continue in full force and effect.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under
or related to this Agreement,the parties shall use their best efforts to settle such dispute or claim through
good faith negotiations with each other. If such dispute or claim is not settled through negotiations
within 30 days after the earliest date on which one party notifies the other party in writing of its desire to
attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good
faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter
Group(JAG)of Derver, Colorado or,if JAG is no longer in existence, or if the parties agree otherwise,
then under die auspices of a recognized established mediation service within the State of Colorado. Such
mediation shall be conducted within 60 days following either party's written request therefor. If such
dispute or claim is not settled through mediation, then either party may initiate a civil action in the
District Court for Boulder County.
20. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement
without the prior consent of the District,provided said assignment is in writing and further provided that the
assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No
assignment shall,however,be effective upon the District unless and until the District receives written notice or
copy of the assignment.
21. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,the parties,
and their respective legal representative, successors, and assigns; provided, however, that nothing in this
paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically
authorized herein.
22. The undersigned Applicant hereby will tender to Left Hand Water District 110,470.00
representing required tap fees, non-inclusive of raw water and hydrant fees.
DATED: _ , 199„^ LEFT HAND WATER DISTRICT
By:
President
Box 210
Niwot,Colorado 80544
FWoMn musaveminod
6
FROM : LEEBURG & PSSOCIRTES PHONE NO. : 4422428 Sep. 13 1999 07:48RM P1E
ATTEST:
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of _ _, 19
by as President and as Secretary
of the Left Hand Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
Applicant
By: Va O CX �-'C-- _
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The fo e ant instnwnen�was acknowledged before me this `7 ' day of ' 199?
by 'l �''8
Witness my hand end official seal.
M commission expires. ,•., /
My
-� ()TAlp Crs�;� '4 AuUli6l edz- i
I ,
Notary Public
t
F:WOMEW IMSISMeVIW. tI '�,%% OPCOV_
My coot Wm0NO°
7
26 July 1999
Dept . of Planning Services
1555 N. 17th Ave .
Greeley, CO 80631 ''i nn'' ' �� "�
Attn : Eric Jerman, Planner jUL „ 1999
Re : Case Number Z-527
Name : Tom Russell (Peaks at Mountain View) QQ*^ Q', q
IVED
Mr . Jerman :
As adjoining land owners in regard to the above proposed
change of zone , we have only one request of the developer
and the planning commission :
We understand that there will be a bridle path/open space on
the northern boundary of this development . In order to prevent
encroachment onto our property and wheat crops , we would
reguest that the entire northern property line of the Russell
property be fenced with a field fencing at least 4 feet tall
so that the fence will define boundary lines and protect our
property from walkers and horseback riders .
Respectfully submitted ,
Mr . and Mrs . Donald Crutchley
5579 Fir Ave .
Erie , CO 80516
303-828-3138
cc : Karen Libin , KL Realty
Leeburq and Associates
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LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 >(303)442-2428
September 7, 1999
Mr. Eric Jerman
Planner
Department of Planning Services
Weld County
1555 North 171h Avenue
Greeley, CO 80631
Re: Z-527 —The Peaks @ Mtn View
Dear Eric:
Thank you for sending the minutes of the Planning Commission meeting of July 20, 1999. I have
reviewed same and offer some points of clarification based on my recollection of the proceedings.
These are included on the attached copy for your review and consideration.
Sincerely,
Linn T. Lee
Enclosure
cc: Ms. Karen Libin E 1999
RECEIVED
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
Juty 20, 1999
Page 2
Arlan Marrs,yes; Gristle Nickles,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin, yes; Bruce
, r v Fitz.geraid,yes; Jack Epple.yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER; Z-527
APPLICANT: Tom Russell (Peaks at Mountain View)
A 1 PLANNER: Eric Jerrnan
LEGAL DESCRIPTION: Lot B of RE-2150; Part of the SE4 of Section 5, TIN, R680./cf the 6th P.M.,
Weld County, Colorado.
c ' REQUEST: Change of Zone from Agricultural to PUD(Estate).
LOCATION: Approximately 1/4 mile north of Weld County Road 12; approximately 1/4 mile west of Weld
County Road 5.
Eric Jerman, Department of Planning Services, presented Case 2-527. The Department of Planning Services
Is recommending approval of the application along with the Conditions of Approval. Eric then read the
' ' recommendation into the record.
Lin Leeburg, representative of the applicant, stated tat upon meeting the surrounding property owner's
h a / representative,the applicant would to willing to move this subdivision 125 feet south of.ire alignment-elem)
ca_the-plat He added that there is actually 17.e%open space, rather then the 16%shown in the application.
c
-C3 Stephan Mokray asked If the Issue on the surrounding property owner's water pressure had been discussed
with Left Hand Neter District, Mr. Leeburg replied that he couldn't comment either way as to the water
problems that may exist In Carmacar Ranchettes.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for cr against this
application.
r e - Chester Seahuan, surrounding property owner, stated that he had several concerns regarding this
/U development. A water test was concucted end their water pressure is very much affected oy this subdivision.
The building envelopes are fairly extensive and would like them to be reduced in size. He would like the
ouilding envelopes to be moved further to the west to increase the buffer zone. Carmacar Ranchettes are
visual affected by this development Mr. Seahaun added that he would like it in writing, that modular
manufactured end•mobile homes, be specifically excluded from being pieced in this development. He
concluded that they would like to Home Owners Association to consider allowing surrounding property owners
to use the trail that will be built around the development. Mr. Seahaun asked that surrounding property
owner's be notified when there is a continuance with a case.
Cristie Nieklas aeked.if Carrnacar had a walk space around their subdivision. Mr. Seahaun stated that all they
have is the streets themselves.
Michael Miller stated that the letter from Left Hand Water District stated that five residential taps can be served
from an eight inch line extension from fur Avenue at the applicants expense.
Eric Jennan added that the applicant does not yet have water assurances from Left Hand Water District. The
Planning Department in Development Standard 3A.1 is asking for proof of water from Lee.Hand Water District
before approving the Plat. He also stated that the proposal Is for Estate zoning which does not seem mobile
homes: however, it does not exclude manufactured housing with a pitch roof and a foundation.
Jack'epee asked how many buildable square feet each lot was allowed. Eric replied that 1200 square feat
is the minimum of size in the Estate Zone District,
Chuck:Ballard, surrounding property owner,stated that his main concerns were the increase of dust from the
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) SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
M Page 3
dirt roads and the quality of homes to be built.
p Cristie Nickles asked if the streets in Carmacar Ranchettes are maintained by Weld County. Don Carroll,
pp� Public Works, answered that the streets In Carmacar Renchettcs are maintained by Weld County-
Icy Mr Leeburg stated that an Interior Roads Improvement Agreement along with a Landscape Improvements
Agreement would be completed as part of the Final Plan. He said that they can reduce the building envelopes
s1 J slz nd mL7>e so h, The applicants are requiring high quality development and would
be willing to consider excluding modular, manufactured and mobile homes. Mr. Leeburg added that because
this is a low density development, there shouldn't be a great increase of dust.
The Vice-Chairman asked Mr. Leeburg if he was in agreement with the Conditions of Approval. Mr. Leeburg
a stated he was In agreement but would flk- o'correction of the amount of open space and that they would be
wa rn9 neleveippment h 125 feet.
fro
Arlan Marrs move3-eatCa e"Z_527, be forwarded to the Board of County Commissioners along with the
Conditions of Approval, recommending that the applicant consider reducing the size of the building envelopes
and moving the building envelopes further away from fur Avenue, with the Planning Commissions
recommendation of approval. Cdstle Nickles seconded the motion.
The Vice-Chairnen asked the secretary to poll the members of the Planning Commission for their dectsior.
Arlan Marrs, yes; Cristie Nickles,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimiin,yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Freo Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-526
APPLICANT: Greeley%yeld County Airport
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, T5N, R6SW of the 5th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Agricultural to PUD(Airport).
LOCATION: North of and adjacent to Weld County Road 43; bisected by Weld Count/ Road 62
(extended).
•
Ben Patton, Department of Planning Services, presented Case Z-526. Changes to the preliminary comments
have been made and new comments are final. Ben gave an overview of the application and stated that the
Department of Planning Services is recommending approval of the application, along with the Conditions of
Approval. Ben then read the recommendation into the record.
Mike Reisman, applicant, stated that he would like it recognized that the airport is under different
circumstances in comparison to other cases. He added that the airport has a unique relatlonshio with both
Weld County and the City of Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Adam Bunah, Francis Energy, explained that they have oil wells on the airport property, and warned to make
sure that their rights as an oil company will be maintained with this proposal. He also stated that they are
willing to work with the airport and are not opposed to this proposal.
Mr. Reisman commented that the area that the oil wells are on are not changing in this proposal.
The V:ce•Cheirman asked Mr. Reisman if he was in agreement with the Conditions of Approval. Mr. Resman
stated he was in agreement.
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