HomeMy WebLinkAbout991350.tiff PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number allot&
Date Application Checked By: a? 3/g/i 1
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: Weld C un y 2lanning Dept.
NW4 , Section 20 , T6N, R64W, at the 6th P. e co
unts', Co orado
(If additional space is required, attach an additional sheet of this same size.)
MAR £8 1999
PARCEL NUMBER:IL,g.n_1_�_a_a� n_6 _q(12dinumberfoundonTaxI. or obtained in Assessors Office.)
NAME OF PROPOSED PUD SUBDIVISION TEindiies Lake
EXISTING ZONING Agricultural to PUD CHANGE OF ZOR EC E I V E D
NUMBER S-455
TOTAL AREA(ACRES) R0 3 TOTAL AREA (acres) OF COMMON OPENSPACE 47 . 2725
NO. OF PROPOSED LOTS 7 LOT SIZE: AVERAGE 4 . 46 MINIMUM 3 .2963
UTILITIES: WATER: NAME North Weld County Water District
SEWER: NAME Onsite
GAS: NAME nnsite
PHONE: NAME TT S WPst
ELECTRIC: NAME Public- Servire
DISTRICTS: SCHOOL: NAME Eaton School District RE-2
FIRE: NAME Galeton Fire nisi-riot
ENGINEERS NAME Stewart R Aggnr•i a*PS PHONE 970-482-9331
ADDRESS 103 S . Meldrum St. , Ft. Collins , 80522 PHONE 970-482-9382 Fax
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: Bill Hall HOME TELEPHONE: 970-356-5097
ADDRESS: 1220 11th Ave ii201 ,Greeley, R0631 BUS. TELEPHONE: 97n—acF—ncoc
NAME: 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: Patina Oil & Gas Corporal-inn
ADDRESS: 1625 Broadway Suite 2000 . Denver. Cr. 0207
Weld County Planning Dept. ,!
Si natu(e: wn r or Aub• ' -• :•-nt
MAR 18 1999- pt Lt( paten) CANye( -r) EXHIBIT
RECEIVED 22 991350 H
PUD Final Plan Response
7.3.1 A Mylar of the change of zone plat has been provided to county planning staff.
7.3.2 A copy of title insurance policy is enclosed in this packet.
7.3.3 A letter from Don Carroll Public Works stating the dedicated lands will be
accepted.
7.3.4 There are no lands for public purposes.
7.3.5 I have enclosed a paid tax certificate for the property.
7.3.6 The plans are stamped by a certified state engineer, Dick Rutherford of Stewart &
Associates.
7.3.7 Enclosed is a copy of the covenants governing Lindies Lake Subdivision
regarding the use of lands and common area.
7.3.8 I'm enclosing an improvements agreement, this agreement has been reviewed by
Don Carroll from public works.
7.3.9 This information was provided in the previous hearing, Don Carroll from public
works stated this subdivision did not require an offsite road improvements
agreement.
7.3.10 N/A
7.3.11 We have enclosed approximate scheduling dates on the county form.
7.3.12 The improvements for the Lindies Lake Subdivision have been estimated to cost
approximately$62,000.00. The developer will fund these.
7.3.13 A certified list of names and addresses for property owners has been included.
This list was compiled on the February 22, 1999.
7.3.14 Leased by Patina Oil Inc. I met with Patina on location prior to submitting plans
tq county and discussed with them a potential location for the drilling sight and
have included this in our plat plans.
7.3.15 3A. After reviewing the change of zone resolution, we have amended the plat to
follow the changes asked for by the county commissioners.
1. The plat includes the current right to farm covenant.
2. The plat delineates 40-foot reserved right of way.
3. The fmal plat clarifies the northern and western property boundaries.
4. Vista Lake Road does not conflict with any other street name in this postal
area.
i 5. We have changed tract A to non-buildable common open space.
a 6. The plat shows a 15-foot access for future drilling rigs.
e ' W 7. The trail to common area begins on Lot 6.
e 8. An agreement has been reached with the North Side Lateral Ditch Company
for the trail to be built next to the ditch company easement. The agreement
a' W also allows for the Ditch Company to spread their ditch material on our trail
and they will smooth this material as soon as practical. The 10-foot trail will
W be on the very southern boundary of the 65-foot area designated on the plat.
The trail in this area does not conflict with ditch maintenance.
a: 9. Lot 6 has a direct access on the north boundary of lot 7 to the lake and also
has trail access at the front of lot 6.
10. Building envelopes are shown on the plat.
B. Notes and information to be included on change of zone plat, items 1 through
15 were included.
C. The department of planning services has received comments form Mr. Brent
Coen confirming developers right to grant to the Lindies Lake HOA the
recreation rights on Lindies Lake.
D. After 5 attempts to contact Galeton Fire Protection District with no response
we are installing a permanent fire hydrant on the north end of the Subdivision.
This Fire Hydrant will be connected to the 6 inch main owned by North Weld
Water.
E. Enclosed you will fmd a letter form Eaton School District describing our
agreement for there requirements.
F. We are submitting a landscape plan describing existing and new vegetation to
be planted. The HOA covenants discuss requirements for the open space and
plant maintenance.
G. The North Weld Water District had agreed to provide service as shown in
previous letters.
H. Enclosed you will fmd a letter from the Army Corps of Engineers.
I. Enclosed you will fmd an agreement with the North Side Lateral concerning
easement and liability insurance.
J. Enclosed you will fmd documents and a letter describing ditch company
negotiations.
4. The covenants require the HOA to maintain a liability Insurance policy on the
Lake and Open Space.
5. The developer has included a copy of the North Side Lateral Agreement See
3I.
7.3.16 Final plan complies with section 9.2 of the county ordinance.
7.3.17 Landscape plan complies with 9.3 of the county ordinance.
7.3.18 The utility plan complies with section 9.4 of the county ordinance and previous
documents have designated North Weld Water and Public Service will provide
utilities to the subdivision.
ao — _
:17 Lindies Lake PUD Final Plan
The final plan for Lindies Lake PUD is in compliance. Changes to Plat and documents asked
for at the change of zone hearing by the County Commissioners have been provided. The
trail was reconfigured so that Lot 6 will access the trail from the front of the lot. The trail
was moved to the west of North-side Lateral maintenance road. The Developer agreed with
North-side Lateral, that ditch-cleaning material could be placed on the trail. The Ditch
Company promised to smooth this material after placement. Commissioner Kirk Meyer
asked for us to make sure there was good separation between roads so that on coming traffic
would not be confused by head lights in there eyes. We have accomplished this by having an
85 foot separation center line to center line, also the Vista Lake Road surface is lower than
County Road 51.
Scott Ballstadt, County Planner has reviewed the plat. We have included all of the
requirements to be noted on the plat. An opinion from Brent Goan, stated that the surface
recreation rights could be granted from Bill Hall to Lindies Lake Home Owners Association.
The Lindies Lake Home Owners Association has filed with the state for a not for profit
corporation. Covenants have been written and given to County Planning. Copies of
agreements for the two ditch companies have been given to the County Attorney,
Commissioners and the planning staff. I was unable to reach an agreement with these folks,
I am very willing to reach an agreement, but I can not accept liability for actions other than
our homeowners or guests. We will have a liability policy in force after approval of the
PUD.
I have discussed with utility companies, water, power, and phone installation schedules and
costs. These companies are ready and willing to start work.
Lindies Lake is my Second Lake community; a great deal of thought was put into the design
and covenants of this PUD. Each homeowner will be able to recreate on the 47 acres of
open space. The open space includes a Lake and Common trail and riding area.
The covenants use county animal provisions on allowable animals on each lot. The
covenants also require clean up of animal areas and irrigation of grass in these areas.
I believe Lindies Lake will be an asset to the County upon completion. So much so I plan to
build there after county approval.Thank u,
Weld County Planning Dept.
Bill Hall
Developer MAR 1 1999
BJH/dlm RECEIVED
November 16, 1998
Don Carroll
Engineering Administrator
Weld County Planning Department
Re: County Acceptance of Road Case # S-455 Bill Hall/Lindies Lake or Case # Z-515
Dear Don,
I am writing to request County Acceptance of Vista Lake Road, that is proposed to
be built in the Lindies Lake PUD. The road will be built to County specifications using 3"
of asphalt and 6" of road base. The entry to the road will match County Road 51 grade. The
surface width of the asphalt will be)Yfeet. I thank you for your consideration of this road
for County Acceptance. I will comply with County Improvements Policy and Agreements.
Please contact me if you have any questions regarding this request.
/
Sincerely,
Beall
Post-it°Fax Note 7671 Date l_17-18'PU°es� 1
7o C ,ITT From oN'1
Co./Dept.
R N£ UIU Co.
4 Poi-) 1
Phone# Phone#
Fat# Fax#
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LINDIFS LAKE PUD
80.3 TOTAL ACRES
Lot Size - 3.7 to 7.7 ac. Estate Zoning, Irrigation water available 2 days per
week
Water - North Weld Water , 4 inch main
Electric - Public Service (underground)
Sewage - On Site Septic
Roads - 30 ft road base with 24 ft asphalt, 65 ft culdesac on each end
Common Area Recreation - Approximately 45 acre Lake and open space area
The Pud is not in any known flood plain, geologic hazard area, or airport
overlay zone.
FR Weld County Department of Planning Services
FROM: Lee D. Morrison, Assistant Weld County Attorney
WI I C DATE: March 12, 1999 Weld County Planning Dept.
RE: Bill Hall, Lindies Lake MAR 15 1999
COLORADO RECEIVED
Mr. Hall has been in contact with me regarding the condition of his PUD zoning which
conditions continuing in the approval process on reaching agreements with the three ditch
companies that abut the proposed development. Mr. Hall, in the two letters attached,
indicates he is unable to reach an agreement with the two smaller of the three ditch
companies. He has provided documentation of what he contends is a good faith effort to
reach an agreement.
I have reviewed the materials and am of the opinion that he provides sufficient information
which would allow processing of the final plan with respect to the condition regarding the
ditch agreements. I advised him that the Board of County Commissioners would have to
make the ; iiui decision after hearing evidence from all those inv,Oiv ed in the ditch agreement
issue. It appeared to me that he had made a prima facie showing that he could not reach a
good faith agreement with the ditch companies.
L D. Morrison
Assistant Weld County Attorney
1,1)M/db:Memo/Billhall
Attachments
•
pc: Bruce Barker
March 11, 1999
Lee Morrison
Weld County Attorney
Dear Mr. Morrison;
As requested by the County Commissioners in our November hearing, I have tried to reach agreements with the
three ditch companies that my land abuts their irrigation ditches. I was successful in negotiations with the North side
Lateral Ditch Company, the largest ditch that runs on my property. The other two groups Olsen Ditch Company and
Winter-Lohr-Roth Ditch group,I have been unsuccessful in reaching an agreement.
After the hearing in November I met with Dick Winter and Gerald Roth on location. We discussed the needs that
they had and the needs for the future Lindies Lake PUD. After these discussions I met with my attorney and we wrote up
Agreement#1. This agreement spelled out responsibilities of all parties. This agreement also allowed for greater areas for
this group to store their silt on than I originally intended to allow. After presenting this agreement the parties declined and
mentioned what they would like in a new agreement. My attorney and myself,spelling out further details and clarifications
prepared agreement #2. This agreement was also rejected. Draft #3 was prepared I believe by Mr. Roth. There were
specific items that I could not agree to; 1. The sentence that said, "the Ditch Company shall have full power to operate,
maintain, alter, clean, and mange its ditch as if this agreement had never been made" It seems to me that this sentence
eliminates the usefulness of any agreement. The other portion that I could not agree to in Draft #3, "the Ditch Company
is not held liable for personal or property damages caused by necessary maintenance of the ditch such as use of chemicals,
fie, smoke, equipment, and flooding." The Ditch Company also wanted to be held harmless for any and all claims or
demands or injuries to persons including death or damage to property arising from the ditch companies operation or
maintenance of their entire ditch. I then presented Draft #4 taking some of the language from the agreement that Mr.
Winter presented and tried with my attorney to draft an agreement that would be acceptable by all parties. Mr. Winter
informed me that neither Mr. Lohr nor Mr. Roth would sign this agreement. If I wanted an agreement I would have to
sign the previous agreement they presented. I would like to commend Mr. Winter for taking time out of his busy schedule
on many occasions to try and get an agreement accomplished.
I also met with members of the Olsen Ditch Company right after the November Commissioner hearing. We
discussed future use of the area by the Ditch Company and homeowners of Lindies Lake PUD. I agreed to allow 65 feet
of area to maintain their 2'/2 foot irrigation ditch on the north edge of the property and also to indemnify them through an
insurance policy from any person injuring or killing themselves on the ditch easement. The Olsen Ditch Company
presented me with an agreement. This agreement allowed for 30 feet on either side of their ditch to maintain their ditch. I
do not own 30 feet on the north side of their ditch therefor I could not sign this agreement. I also could not hold them
harmless for property damage arising from their maintenance and ditch operation. I took their agreement to my attorney
and he and I revised the agreement with more specific language on what we could do, Draft #2 Olsen Ditch Company.
They read the agreement and felt they could not sign it. I then met with my attorney and revised the agreement to allow
for the staking of silt and sediment until it was dry and then asked for removal of sediment, Draft #3 Olsen Ditch
Company. The Olsen Ditch Company felt this was to great of an expense to remove the sediment that they had removed
form their ditch and would not sign. My attorney and myself prepared draft #4. This agreement allowed the ditch
company to blade smooth their sediment and to keep it in a neat and attractive manner. I presented this agreement on the
19th of February and have yet to hear a response.
If you have any suggestions,I would be open for ideas to resolve these issuesWelll County Planning Dept.
Sincerel���� MAR 11 1999
Bill Hall R E"CErWggD
County,Planning
BJH/dlm
CC: Weld County Planning and County Commissioners. 'R 1 1 1999
r II/CI'1
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Cl
7C: Ti C. .
February 26, 1999
Dear County Commissioners,
I am writing in regards to items 3I and 3J requiring agreements with the Olsen
Ditch Group and the Winter—Lohr—Roth Ditch Group. I met with both of these groups
on location to discuss the planned development of Lindies Lake. These two groups have
ditches that measure approximately 1 ''4 to 2 feet across the bottom of their ditch crossing
the north end of my property. I have been unable to reach an agreement with either group
after 4 written attempts. The areas of conflict are the removal of ditch dirt and restoring
the area to an orderly fashion after the ditch companies clean. I have offered to
indemnify both groups as to any liability from the Lindies Lake Home Owners or Guests
injuring themselves on Ditch Company easements. We will do this by having them as a
named insured on our Homeowners Association Liability Policy. I have offered a 65
foot easement to clean the ditches and a 150 foot area to store ditch company removed
silt, the storage area will allow for removed silt to dry and be trucked away at a later date.
The Ditch Companies also asked for indemnification of all liability for any losses during
maintenance activity on their ditch. I am unable to do so.
I am very willing to be a good neighbor and grant these folks continued use of
their ditch, that is rightfully theirs. All I ask is for them to clean up after themselves and
be responsible for their actions. We will gladly clean up after ourselves and be
responsible for our actions. The easements for clean out are designated on the plats and I
believe that from meal 'cements taken on thelocationihey will be more than adequate to
accomplish continued irrigation requirements.
Sincerely,
all
BJH/dlm
CC: County Attorney, and County Planning Staff
d SENDER: I also wit -eceive the
O •Complete items 1 and/or 2 ft. .ditional services. followin Sc.vices(for an
a •Complete Items 3,4a,and 4b. 9
yN •Print your name and address on the reverse of this form so that we can return this extra fee):
card to you. w
•Attach this form to the front of the mellpiece,or on the back if space does not 1.0 Addressee's Address o
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y •Write Wefum Receipt
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Requested't on the mailpiece below the article number. 2.❑ Restricted Delivery fJ1
L •The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee.se delivered. a
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!a PS Form 811, December 1994 102595-98-B-0229 Domestic Return Receipt
January 21, 1999
Roth Farms
Gerald Roth
32100 WCR 49
Greeley, Co. 80631
Dear Mr. Roth,
Enclosed is the agreement for the ditch easement that we discussed
on Monday January 18th, 1999.
Please sign and return to 1220 11th Ave. Suite 201, Greeley, Co.
80631.
Sincerely,
Bill J. Hall
45
kE� GJ aka. -/-o 442 - 12,4-& piusai o
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this day of
, 1999, between Lindies Homeowners
Association (hereinafter Association) , and Bill J. Hall
(hereinafter Developer) of 1220 11th Avenue, Suite 201, Greeley,
Colorado 80631, and Ray and Dorthula Lohr of 32549 Weld County Road
51, Greeley, Colorado 80631, Emanuel Roth, Jr. by Gerald Roth, as
attorney in fact, of 32100 Weld County Road 49, Greeley, Colorado
80631, and Richard and Linda Winter of 24959 Weld County Road 66,
Greeley, Colorado 80631 (hereinafter Ditch Company) . The parties
agree as follows:
1. The Association and Developer hereby agree to grant and
convey to the Ditch Company an easement of sixty-five (65) feet
south of Lindies Lake Subdivision's north property line running
parallel to bearings N.46°09'04" E. 241.97' and N58°05'07" E. 695. 65'
which lies between the North Side Lateral and Weld County Road 51,
as more specifically shown on the recorded plat of Lindies Lake
Subdivision, which exists in the Northeast Quarter (NE 1/4) of
Section Twenty (20) , Township Six (6) North, Range Sixty-Four (64)
west of the 6th P.M. , Weld County, Colorado, for the purpose of
operating, maintaining and repairing its ditch for delivery of
irrigation water. The Ditch Company established this maintenance
easement by prescription.
2 . The parties agree that any expense for maintaining and/or
repairing the above-described easement shall be the sole expense of
the Ditch Company.
3 . Repairs and maintenance to be undertaken and performed
under this Easement Agreement by the Ditch Company shall be subject
to the following conditions:
(a) The Ditch Company shall keep the easement
maintained in a good and workmanlike manner and keep it
as safe for travel as possible.
(b) The Ditch Company agrees to limit the use of the
easement for maintenance and repairs to the ditch and
easement by employees of the Ditch Company or persons
and/or entities contracted by the Ditch Company.
(c) The Ditch Company shall have the right to stack
silt, sediment and debris that it removes from the
irrigation ditch within a designated area shown on the
recorded plat of Lindies Lake Subdivision. This area
shall not go beyond 367 feet south of Colorado State
Highway 392. The Ditch Company agrees to remove the silt,
sediment and debris from the irrigation ditch and
designated area after it has dried out.
Easement Agreement; Page 2
(d) The Ditch Company agrees to not hold the
Association and/or Developer liable for any of the
expense for the repairs and/or maintenance of the
easement.
4. Bill J. Hall, as Developer and as a representative of the
Association, agrees to hold the Ditch Company harmless from any
injuries or property damage that may be caused to the homeowners,
their families and/or guests that result from their use of the
easement described more specifically this Easement Agreement.
5. This Easement Agreement shall be effective from the date it
is signed by the parties until the easement is no longer utilized
for the maintenance and repairs to the ditch by the Ditch Company.
6. This Easement Agreement shall be binding on the owners,
their heirs and any person or entity who shall thereafter acquire
title to the property subject to this Easement Agreement.
7. The Ditch Company will not oppose the development and the
plat plans for such development of the land before any local
governmental entity in consideration for formalizing this Easement
Agreement in writing and for the terms and conditions set forth
herein.
8. Until the Association has been legally established and has
obtained liability insurance, the developer agrees to indemnify and
hold harmless the Ditch Company and any shareholder or the owner of
the Ditch Company for any and all claims or demands or injuries to
persons, including death or damage to property, arising from the
Ditch Company's operation or maintenance of its ditch.
9. The Association will maintain a $1, 000, 000. 00 liability
insurance policy that names the Ditch Company as an additional
insured with regard to claims for damages or injuries which may
arise regarding the operation or maintenance of the ditch by the
Ditch Company.
LINDIES LAKE HOMEOWNERS DITCH COMPANY
ASSOCIATION
By:
Bill J. Hall, as Representative Ray Lohr
of the Association
Bill J. Hall, Developer Dorthula Lohr
) -i )
Easement Agreement; Page 3
Emanuel Roth, Jr. by
Gerald Roth as Attorney in
Fact
Richard Winter
Linda Winter
Hello