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Home My WebLink About20251717.tiffResolution Action of the Board. Concerning Revocation of Planned Unit Development Zone District and Vacation of Plat for PZ-1082 (Kiteley Ranch at Foster Lake) — Robert and Margee Sekich, and Anadarko E & P Onshore, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, by Resolution #2006-1794, dated July 26, 2006, the Board approved the application of Kiteley Farms, LLLP, 13844 County Road 7, Longmont, Colorado 80504, for Change of Zone, PZ-1082, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, and Whereas, Section 27-1-50 of the Weld County Code provides standards for Revocation of said Planned Unit Development Zone District and Vacation of the Plat for PZ-1082, for the parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -843; being part of the NW1/4 of Section 27, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services Staff, and having been fully informed, finds that this request shall be approved for the following reasons: 1. The conditions and statements made supporting the original approval of the PUD Zone District have changed and the property owners do not intend to implement the PUD Final Plan. By letter dated March 6, 2025, the current property owners have requested revocation of the PUD Zone District and vacation of the PUD Change of Zone. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Robert and Margee Sekich, and Anadarko E & P Onshore, LLC, for Revocation of the Planned Unit Development Zone District and Vacation of the Plat for PZ-1082, on the above referenced parcel of land, be, and hereby is, granted. 5038078 Pages: 1 of 2 06!27!2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIIMANI+r��l�ih'1�41�' 1111 ee:'")14 "/1.o/DA), As9-OO, 2025-1717 APPL.'APPL. REP. PL1848 og/it/25 Revoke Planned Unit Development Zone District and Vacate Plat for PZ-1082 (Kiteley Ranch at Foster Lake) — Robert and Margee Sekich, and Anadarko E & P Onshore, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 18th day of June, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Excused Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board Pages: 2 of 0.00 06/27/ 8 R Fee:$ co 06/27!oppe 10:37 AM Carly Koppe5, Clerk and Recorder, Weld County l+��I i��"+,�dtirMAIM IIiMAW. IIIII 2025-1717 PL1848 To: From: Subject: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Lindsay Oliver, Planner Consider revocation of Planned Unit Development Zone District and Vacation of the Plat, PZ-1082 (Kiteley Ranch at Foster Lake) Hearing Date: June 18, 2025 Owners: Robert & Margee Sekich (001) 1674 Radcliffe PI., Longmont, CO 80503 Owners: Authorized Agent for Anadarko: Anadarko E & P Onshore LLC (004) PO Box 173779, Denver, CO 80217 Peak Development Group c/o Bonnie Niziolek 1480 Humboldt Street, Denver, CO 80128 Legal Description: Lot B of Recorded Exemption RE -843; being a part of the NW4 of Section 27, T3N, R68W of the 6th P.M., Weld County, CO Location: South of and adjacent to Highway 66 and east of and adjacent to CR 7. Parcel Number: 1207-27-2-00-001, 1207-27-2-00-004 Total Parcel Size: +/-140.428 acres Zone District: PUD (PZ-1082) Narrative: The Department of Planning Services received the attached letter dated March 6, 2025, from Don C. Jobe III, Attorney -in -Fact for Anadarko E & P Onshore LLC, requesting that the approval of PUD change of zone, PZ- 1082, be revoked and the plat vacated. PZ-1082 was approved by the Board on July 26, 2006, via Resolution #2006-1794 and the plat was recorded on October 23, 2006 at reception #3429375. A complete PUD final plan application was never submitted. Section 27-1-50.A. For any property with an approved and recorded PUD zoning plat for which a complete PUD final plan application has not been submitted prior to July 26, 2024, the Board shall revoke the PUD zoning and order the property's zoning to be reverted to the prior zone district. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2025-1717 Page 1 of 1 �L1SO. Maxwell Nader, Planning Manager Department of Planning Services 1402 N. 17th Ave. Greeley, CO 80631 Via email to mnader@weld.gov Subject: PZ-1082, Kiteley Ranch at Foster Lake PUD (Lot B, RE -843) Dear Mr. Nader: Anadarko E & P Onshore LLC is the sole owner of the portion of the northwest quarter of Section 27, Township 3 North, Range 68 West of the 6th PM (parcel number 120727200004) that was zoned Planned Unit Development in 2006, recorded under reception number 3429375. Please accept this letter as our request to withdraw the application known as Kiteley Ranch at Foster Lake PUD (PZ-1082). I understand the Weld County Board of County Commissioners will revoke the approval of PZ-1082 and revert the land to the A (Agricultural) zone district. Sincerely, ( � Attorney -in -Fact or Anadarko E & P Onshore LLC C. ae&e Print name 3/6/Z62,s Date IIIINIIIIIIIIIIIINIIINIIIIINNIIIINIIIIIIIIIIIII KITELEY RANCH AT FOSTER LAKE PZ-1082 P.U.D. CHANGE OF ZONE PLAT WELD COUNTY, COLORADO LEGAL DESCRIPTION: omse:.e. w°"E� caM°M. �xe.:z.z.RE M�.sREc�amEoMmD�c,�,,. ERN, p!y l,RACi Oc UND LOCI�iED M TnE RCRi,x.ERi CNEaxN,EROc SECrgH T. lCNN9rq ° Harm,7A,a .7nx°wl,n PLLetIMG9CCrrt�MED1�ElHERIHREln�i�g1- PROPERTY OWNER'S CERTIFICATE: PLANNING COMMISSION CERTIFICATE: �nmm �ro w.m ��y MH.+roca.,.HH� m.. tier a. M w.oe.a Ti T•ue,..ne,e.��.e.m.m,mm.. z.�. .Lk. Or�SR vt.e C�,.Jr BOARO OF COUNTY COMMISSIONER'S CERTIFICATE: w e�d( " ! Dsu 1pen .R. Ro,! umea �k � L SURVEYOR'S CERTIFICATE: GENERAL NOTES: ixw�n. rowEMs nemioLn 7.j.1.74====""'"'" ""'"w= PLAT NOTES: ZONMO CLASSIFICATION MID IANO USE BESIMATION E gar rgic for maiw �G�a uLi zoHEasimn mo.osFozorew. vu° ESiniE xpD COH,Ma.F al a GA4.AGWCiiCn uSE9 iH THE xnxFD uN: DET4ECw£rvi� xG RE e nvo aiFRrRVRRono.G G IoF�uarLtH°H, Oc Wni�c HEu,�un tM'i Nn,� ccucwniEH as Hic,. = K x, rx .Tre-sr '.HR,,,xEH°HR,HEH,IaH°E:M�R�wFMD� ,n.RFx� DDDE �DE.AR,HEH.GE.,.xxMDeER� s��.,.£5�EM��R��a"�R iR reorM m�aHw.*mx. �oERx�RiLCHi n: �paoRrwx DDRD�R,a�NlDE.�H .iEo � �:r�MDFxD R`h (NACRES O'u xD xuei FLED,R�Dw DE„�DDn,RiER,eGEinFwELDDDDx,.°oDF. .FxEHiA,waiuuH WCMRY MAP SCA Eras 'C'EF DDDR. �DR.xA„�xiD..�MHRbuA ez;,�°xRnaEw,�G.iHFwE,� u,H�>ED �DE.,H,HRH,D.H„wn�x�R� S� Cw..iER n o<!� wFRDcaMry coos. •u RRwurroxs an RFGuaE.slrs G. WELD collars RIGHT TO FARM SHEET INDEX 1 COVER SHEET 2 PLAT PLAN 3 TYPICAL STREET SECTIONS A SETBACK CRITERIA Ii u x'' qttr !1 APPLICANT/WENT .ape Pak kHmlDre. LLG :oE�WiW.m°7a e. . N CO O F— N zLA 7' Q N 7'J ° o U W J ` L 7 W 1 UU l=02 Lt. a: ISSUE RECORD Fr _ __ 06hY.V00 W OS U (n 1 OF 3 P!!!4!!!!12,124!!!!!!! 3 J� N 4 a NOTE: CIXJCRETE DITCH PROVIDING IRRIGATION WATER TO TXE ANpERSON PROPERtt SHALL BE RELOCATED IN A PIPE IN THE 25' UTILITY EASEMENT BEING RESERVED ALONG IHE EA3T SIDE OF WCR ] AS SHOWN. REZONING PLAT PLAN 200 .00 600 Graph, Scale: 1" a 200' DEVELOPMENT SUMMARY aoG APssRs • of wks x of m ow. sloe Rew�r.soeN�se.almxl sdlHna] N r«mm .apse. mere•mm.renaanwe .dim rnvemenmm �` ,.. m�voor' w"mraaw'� b �°�vv 9rlmeruonm i�mm Ne �..auems rmeNura,r.sin"yq re. saiN� z]: �m m��.. m3eemcnr .aces. Tlrmsee.ep. muwmNxeomeme mrmde�ron �' mt�a,selm m�enema«mme. mM��wmeae�myamow.nwnmN wwwl� e]e]u�mM. ma elmmw mrry 4 umnwgrmeaaiwi 0ewbpnRnl, emee er®an re mw murm wor so-i�rymce +s. �aemem0ms �apa•-Tn'�,la.mep. �eeneraareewlw�uy.M hsaemrH,xaai - awn�empir�®armAon. breve 'N�noeerer..aNde wnvuwc�so ngsroesw.THe eon iee rsaenwm semis rmpwnian nxx mAPkuarn �mee�sum aApnMwescl BT m nveaeraN eo.. Awkae em,�mml;mm��e«.era EMMeeN.�„.mkm..me�a SOILS MAP SECTION TYPE LEGEND B 00'R(YN SEE SHEETJ C 100'ROW 9EE 9NEEi3 D MAINTENANCE ROAD SEE SHEET 3 E MAINTENANCE ROAD SEE SHEET 3 E,oO ^t80o caw 11. x 1! a APPLICANT/CUENT Longs Pmk hrvMan, LLC N O O I-- < N U, w zE <Q 8F No o Ct0 W rn c W ~ °U Y�a� ISSUE RECORD ReHelpris BsavBOB oeoa Z Z ogw �a SHEET NUMBER 2OF3 SECTION A - Mr LOCAL BOULEVARD R.O.W. AT ENTRIES SCALE: 1!6" = tru PE rinir _ry riGrnr r.gv�.ir -ESE, k «:7E�� SECTION C -100' RURAL LOCAL R.O.W. ROUNDABOUT SCALE: i'=40' = IIIIIIBIIINIIIIINIIIIIIIIIIIIIIIIHIIIIIIIIIN a1' s n,�� ear "w,�,!°!! SECTION D - NORTH DITCH SECTION WITH 15' GRAVEL ROAD (TO BE RELOCATED) SCALE- 1/6" = mscasATic.uL rrui�I.i-ml U SECTION E - EAST DITCH EASEMENT SECTION SCALE: 1/B" = 1'-0" BUILDING SETBACK EXHIBIT "Sae sat . ., babes for definitions and albwabla errcroac/lments. Lot Type Front Back Side FronWoaO 20' 20' 7.5' 3. Items allo c. beck -yard patio/decks (not to encroach in 10'rear utility easement) tl. beck -yard air contlitioning un4s 4. Items specifically encWtled from side -yard setback area i clutle the following: side -yam ,q a. froyard sidewalks b. Irontnt-porch steps Bulk Requirements MMimum Lot Size - 6,000 sq.ft. Manimum Bu 00 Ifteght-30ft...eseme Per the 2003 IBC guidelinss) Manlmum Lot Coverage APPLICANT/CUENT (V CO O F- QN U, ZYa Q N Jw-° >- w° W~�v I— O SI YLLa3 ISSUE RECORD ]]aaaOS MVWo-. Dl?.Y�I Z J p�otS� tL LU 3OF3 2411491114!!!! 200 C00 000 SHEET INDEX MAP KITELEY RANCH AT FOSTER LAKE PRELIMINARY SITE IMPROVEMENT PLANS WELD COUNTY, COLORADO COLORADO STATE HIGHWAY N0. 66 Graphic Scala: 1" 200' VICINITY MAP SGYE: NTS SHEET INDEX 1 COYER SHEET 2 SITE PLAN S SITE PLAN 4 PARK PLAN ENLARGEMENTS&'B' 5 PARK PLAN ENLARGEMENT 'C' W 4C� I 6 I �1 B� 3s APPLICANTICLIENT -�Bfl Pnnk Inye.. l LC N Z 00 a O w w0 (-)w. z2,2Qww L1JWtig- ¢Q W ~"� O � W YLL.a.a ISSUE REC0RC Iaufl.Dsla;_.__. _. 12➢JI2�LLY ftavu:au.. .. 6cr m!;nyKga � Y �~X W w W O= U to ? SHEET NUMBER 1 OF 5 1461,1491,1112!!!!! LEGEND ---- PROPERTY LINE ----- RIGHT OF WAV - -- LOT LINE --- UTILITY EASEMENT CONCRETE TRAIL OPEN RAIL FENCE SITE VISION TRIANGLE PLANT LEGEND SYMBOL TYPE OF PLANT PLANT SPECIES SELECTION O cnN0Pt°inF puER Nus RUBRA NORTNPRN RFOOA% -F US %ACERIFOLIA LONDONPLANETREE TILIA COROATA'GLENLEVEN' OLENLEVEN LINDEN VFRGRFEN PICEA PIINGENS COLORADO SPRUCE 1REE PINUS qR STATA FOXTALPNE PINUS PONDFROSq PONUEROSAP NE ® INAMENIAL gCER tiR 5EUM PgPEReARIt MAPLE �l UNDERSTORY Cggn NU5 GagO INIANA MFRILAN HORNBEAM TREE MALUSR SPRING SNOW SPRING SNOW CRABAPPLE BERBERIS THUNBERGII ;;;;;,,,z. pFCIpUOU5 ATROPUPURFA SHRUBS MIONIAAOUIFOLIUM CHRYYOTHAMNUS. VAR. ' ERGREEN SRRURS n SOD SITE PLAN JUNIPERUS SABINA'BROPOMUUR' BROADMOOR JUNIPER JUNIPENUSx MEUTA COMPgCt PPIREft JUNIPER IUFLMIAAi FCOMPACT OLIA MOUNTAIN LAUREL • •' ;,��aM EprtEHWNEaERpAPWaY • 1,1•".',.7,, vOPEN RPIL FENCE . ayyj.s -1---,_,,--,..,_ .-r- EJ �- =",---,., ate =,- ,�.-� ��`-, --, tea ,I'\ , — =-----3"---',J - ' � ". _' III .� J �', J J � ,�_:J j�'IP J i L.) BLOCKS BLOCK, n +,u `JI � ' `� si' x „a;• °z � BLOCK 13 I ‘-Z.:' fia.X i,a eaziiv j�'a 1 E� 8-i �J 1 �s DRaeD r J J Ilapau aDB�uDwl SEE SHEET rr-r, rr-r--r,_ 4 - „V ' , X EEI5CE IA,t y N RTH Grnphlc Srnlar: 1" : 100' H } U Fr W -� a rra 0 F 11 11 APPLICANT/CLIENT Longs Peak Investors. LLC PROJECT NAME Nco Q O a - Z W W p Wo Za g<LLW WWQ4 Wc/) O� YILan. ISSUE RECORD Z g a w 2OF5 1-7 COMMUNITY ENTRY M0NUMENTATI0N - ELEVATION SCALE: 1/2' = 1'-0' III�NIIINIIINIIIIIO�IIIIIIIIIIIIIUIINNIIIIDI `M, 1 44Ak5FN�M�2IMsll.�! LEGEND I� KITELEY HOMEPLACE �II • PROPERTY LINE RIGHT OF WAY LOT LINE UTILITY EASEMENT CONCRETE TRAIL OPEN RAIL FENCE SITE VISION TRIANGLE • SITE PLAN I�cnu roR I;I is BLOCK ZS IJ 3-eTzitn- f PLANT LEGEND SYMBOL TYPE OF PLANT O n; =. TREE Q EKRGREEN TREF ® ORNAMENTAL TR��TORV EE O OFC r- SHRU&S ` qR ZEN 90D NORTH PLANT SPECIES SELECTION DUERCUS RLeRA NORTHERN RED WR PLATANUS%gCOn'LIA LONDONPLANE TREE iILIA COHpATA'pLENLEVEN' GLENLEVFN LINDEN PICEA PUNGEN9 CULOMDO SPRUCE P FOAigIL PINE PINUS PoNOEROSA PONDEROSA PINE ACER GRISEUM PAPERBARN MAPLE GARPINUSWROMNIANA AIIERICANHORNBEAM MALU9 R'SPRING Srvpw SPRING SNOW CRABgPPLE SERSERISTHUNBERGII RED BARBERRY TROPIWURFA' MAHONw AOUIFOLIUM OREGONGRAPEHOLLV CHRTSOTHpMNU5. vAR. DWARF RABBITBHUSH JUNIPERUSSASInABROAOMOOR' BROADMOOR JUNIPER JUMWERIJS%MEOIA COMPACT PFITZER JUNIPER �_- �" r NiAR9t>vgRfc L ------�; OHnAMENTAI TREE �- siDrvEDQLDLW W � z ri!E �It�t 3 �p !'il APPLICANTICLIENT LRngs PoRk Inredas. I --''-C PROJECT N coQ J o a 1 Z T CL W y Q OLuz §Yo� Q LL W JpH wW=a W F'". �� 1=o�W YLLaa ISSUE RECORD QN. ]2911d'U Z J d W �F= SUECT NUMBER 3OF5 I NIIII lull IIII 111111 II IN IIINNI 1110111 IIII I III M1W@RIMGNMSAO B�NLe�Wln�no'cbrYM1A MwMer !t t rEeIDE�LDTE i r PLAN ENLARGEMENT IV 80 120 -- 111uvuiL� ' x'x SIDE VIEW FRONT VIEW (� CLUSTER BOX UNITS - ELEVATIONS BCALE: 1/2" = 1,0" RaL „,..4/:1 77 FIFIF'Nid1"I w Oraphic Sc..: T •• = 40• J PLANT LEGEND o OECIOUOUS OUERCUS RUBM NORTHERN ftE00A% CANOPY TREE PI ATANIJS %ACEREOLIA IONOONPLMJETREE TILM COWWTA'GIENIEVEN GLENLEVEN LINDEN (� EVENGF2EN PICEA PUNGEN6 Ea SPRDI:F V� TREE PINU9 ARI9TATA FO%TAIL PINE PINU9 PONDEROSA PONDEROSA PINE Q ORNAMENTAL ACER GRI9EUM PAPERBARK MAPLE UNDERSTORY OgftpINU4 CAROLINIANA AMERICANHORNBEPM TREE MALUS n'SPRING SNOW SP111NG 9NOW CRA&.PPLE SERBERI9 THIMIBERGII 0.E0 BARBERRY ii OECIOUO S 'ATROPUPURFq' SHRUBS MAHONIA AOUIFOLIUM OREGONGMPE HOLLY CNRYSOTHAMNU4. VAR. DWARF RASBII BRU9H JUNIPERU99ASINA'BROADMOpi' BROAOMOOR JUNIPER RUS%MEDM COMPACT PFDIER JUNIPER '�FR2ERANAOOMPACT MU I.ATIFOLIA MOUNTAIN LAUREL EVERGREEN 5 RUBS 60D 90 BU PLAN ENLARGEMENT I' LEGEND PROPERTY LINE RIGHT OF WAY LOT LINE UTILITY EASEMENT' CONCRETE TRAIL OPEN RAIL FENCE SITE VISION TRIANGLE 121 N a is u Fr W' e �j h APPUCANT/CLIENT La, Pe. InT.00J, LLC PROJECT NAME N z a _O a �N g �W > w 0 Wza�. g Yo� 5/6 L2 Jpl_- w� JwQQ �U— W O� ALL a.a WEE R=CORO SIiCCT NUMBER 4OF5 I IRN LID Illp NIN a IIII W�III I� I� III DI j q B R HAW �B OOY elrv^ Ibnm CML 6!!! PLAN ENLARGEMENT .C. 1X1 Graphic Scale.: t" = RE, NORTH LEGEND ---- PROPERTY LINE RIGHT OF WAY - -------- LOT LINE -- UTILITY EASEMENT CONCRETE TRAIL OPEN RAIL FENCE -"- SITE VISION TRIANGLE PLANT LEGEND O GgclDuous CMIOPY'IREE ® EVgERGREEN EE Q ORONEMENTAL 11RSTONY REk ' OECIOUDU6 SHRUBS ,� EVERGREEN SHRUBS OVERCU9 RUBFA NORTHERN gE00A% PLATANU9 %ACERIFOLIA LONDON PLANE TREE TILIA CDROATA GI ENLEVEN' GIFMEVFN I-INOFN COLORA009PRUCE PINUS ARISTATA LPINE PINUS PONOER0S4 PONDEROSA PINE ACER GRI9EUM PITEER7 ARNAMPLE CARPINUSRRIRD'NIANA AMERICAN MOgNBEPM MAtU6 •'SPRING 6NOW SPRING 9NpY CMBAPPLE BE II 7,'Reg; RBeg pUAGREO BARBERRY OREGON GRAPE HOLLY CHRYSOTNANMUB VAR. DWARF MBBITBRU6H 9ROAOMOOR' BgOAOMOIIRJUNIP.T JUNIPERUB%MEDN COMPACT PFIT2ER JUNIPER vs� F.j is W x' �C 511H AE_f APPLICANT/CLIENT ��,e� Pyah mvxalom. LLc N z co Q c F--� w a W 1 � W o Lu d Q ti w WWQa J�=z Wu)0 YLL,a:a ISSUE RECORD WwtMa'.. ]TIIl]Qp5 Z Z cc C g(W W J = Z _ a�wV 5OF5 Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: June 18, 2025 Hearing Time: 9:00 a.m. Applicant: Robert and Margee Sekich 1674 Radcliff Place Longmont, Colorado 80503 Anadarko E & P Onshore, LLC P.O. Box 173779 Denver, Colorado 80217 Request: Consider Revocation of Planned Unit Development Zone District and Vacation of the Plat for, PZ-1082, (Kiteley Ranch at Foster Lake) Legal Description: Lot B of Recorded Exemption, RE -843; being part of the NW1/4 of Section 27, Township 3 North, Range 68West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to State Highway 66; east of and adjacent to County Road 7 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 6, 2025 ADJACENT PROPERTY OWNERS FOR REVOCATION OF PUD ZONE DISTRICT PZ-1082 Owner SEKICH ROBERT AND MARGEE ATTN: TRAVIS HOLLAND-APC PROPERTY TAX ANADARKO E & P ONSHORE LLC ATTN: BONNIE NIZIOLEK PEAK DEVELOPMENT GROUP Address 1674 RADCLIFFE PL PO BOX 173779 1480 HUN1BOLDT ST City LONGMONT DENVER DENVER State CO CO CO Zip 80503-2120 80217-3779 80218 CERTIFICATE OF MAILING hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Revocation of PUD Zone District, PZ-1082 , in the United States Mail, postage prepaid First Class Mail as listed above. rR l - III Seni co Strei Er City, Dated the 6th day of June, 2025. Janet M. Warwick Deputy Clerk to the Board .G • ° U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com-. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Tota ROBERT AND MARGEE SEKICH 1674 RADCLIFFE PL LONGMONT CO 80503-2120 Postmark Here PS Form 3800 Januar 2023 PSN 7530-02-000-9047 See Reverse for Instructions • Atli COMPLETE THIS SECTION ON DELIVERY tv cn cn Q ❑ ❑ cc1/41• U E3 a) o E� o N a) c -0 i -O U tai ti (n > 2• a "O L (Ti 0 cfj- ti W �>- ^ a) ` w a U 12a) a) .Q > _ j (fi a) O E :Fa >` a) c O � O �«- (n cnO� I- ces cn 03 . t U L c "D-F.fl a as as+� O U N 'O a cti C N E EU U C CD a) � E Uacn cc O O 73 o U U a) a) a) 92 � �� iti ,>cc �ra) a) a) a) .m.O1 CCCCUci)V) ❑❑ ❑❑ c Cr) so a) U a) a) ✓a -O -O O O (n m m •-E a a -0000 ❑�❑❑❑ n) U Z O v n a) a' a' ©cc.≥.≥ cop° 2 c c O N co a a U r O O --I OO 00 w 0 uu_.. U 1 �-- U Z_ CD Q � cC r, z_ LID 0 c-i J T O co cv r c0 O rn S MN � o r -R ru Lri MN r -R Domestic Return Rece PS Form 3811, July 2020 PSN 7530-02-000-9053 ru JJ ru f`- r-� NIII cr r -q �D ru P- t• r-� O C- l'U L.rI tD r-9 [\- I. ran cr Certified Mail Fee U.S. Postal Service' CERTIFIED MAILRRECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ (] Adult Signature Restricted Delivery $ Postage Total Pr efrvn $ ATTN: BONNIE NIZIOLEK PEAK DEVELOPMENT GROUP 1480 HUMBOLDT ST DENVER CO 80218 Sent Tc Street City, Si z. (-€1 L40 Postmark Here U.S. Postal Service' CERTIFIED MAILR' RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com' . Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Tot S Se, Sri cii i Postmark Here ATTN: TRAVIS HOLLAND APC PROPERTY TAX ANADARKO E & P ONSHORE LLC PO BOX 173779 DENVER CO 80217-3779 PS Form 3800 Januar 2023 PSN 7530-a2-000.9047 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY 0 W UJ Z w cn N cn ta a� aa) 117 cn 7:3 Q Q ❑ ❑ i cn 65 Q a) N O � 0 U D \_) Z _1 C n U - a) C m D Z cn s E.D. . � °, C o -a to %- co ci O U N c 'O C C O cd ) U E C co O C U L L U a s O co N O P_ U U (d Q ■ a) m ti ® o w w co a� C E w�� c 0 2 � >, a) a) c o L �_ N 7 Q3 o •En �.-. c •c a) a) a) .0) a.. C CO u) D❑❑ ❑ CD U aL �.>` ij a) g •� in 5 W Q cYi ❑ 1D CD w a) 0 v U N U U a) C .≥ .≥ a) ai o o • _ c o � ccg - O o 0 • U U a) a) U UU. ❑❑❑( 0 a) a) U Q r ATTN: BONN PEAK DEVELOPMENT GROUP 1480 HUMBOLDT ST DENVER CO 80218 9590 9402 8994 4122 3447 25 2. Article Number (Transfer from service label) a) 0 a) U L_ cr Q) C ru �n P- a ru r -q t, Er - co Domestic Return Receipt ".7 gra T CO co u. a Departments of Planning Building, Development Review and Environmental Health 1402 North 17TH Avenue P.O. Box 758 Greeley, CO 80632 Authorization Form (We), _ANADARKO E & P ONSHORE LLC give permission to _PEAK DEVELOPMENT GROUP - BONNIE NIZIOLEK & SAM SHARP_ (Owner— please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 120727200004 Legal Description: SEE ATTACHED Subdivision Name: N/A of Section 27 , Township 03 N, Range 68 W Lot N/A Block N/A Property Owners Information: Address: 1099 18th Street, Suite 700, Denver, CO 80202 Phone: 720.929.6026 / 720-929.3033 E -mall: DON_JOBE@OXY.COM / ANTHONY_RADER@OXY.COM Authorized Agent/Applicant Contact Information: Address: 1480 HUMBOLDT STREET DENVER, CO 80218 Phone: 303.378.6577 E -Mail: BONNIE@PEAKDEVGRP.COM / SAM@PEAKDEVGRP.COM Correspondence to be sent to: Owner _X Authorized Agent/Applicant _X- by: Mail Email_X Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. ?fir Date 6 zez.5 _ Owner Signatu Owner Signature t4 Subscribed and sworn to before me this G day of Thai '" Di. C. Jobe,, My commission expires z02. 01/24 ANTHONY RADER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224024053 MY COMMISSION EXPIRES JUNE 21, 2026 Date , 20 15 by Notary Public RESOLUTION RE: GRANT CHANGE OF ZONE, PZ #1082, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - KITELEY FARMS, LLLP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 26th day of July, 2006, at 10:00 a.m. for the purpose of hearing the application of Kiteley Farms, LLLP, 13844 Weld County Road 7, Longmont, Colorado 80594, c/o Longs Peak Investors, LLC, 7120 East Orchard Road #450, Englewood, Colorado 80111, requesting Change of Zone, PZ #1082, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption #843; being part of the NW1/4 /4 of Section 27, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Joshua Rowland, Land Architects, 9137 South Ridgeline Boulevard, Suite 130, Highlands Ranch, Colorado 80129, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-5-30 of the Weld County Code. 2 The request is in conformance with Section 27-6-120.D as follows: a Section 27-6-120.D.5.a - The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD, and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision), and Chapter 26 (Mixed Use Development) of the Weld County Code. The proposed site is not influenced by an Intergovernmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban development in or adjacent to existing municipalities or the I-25 Mixed Use Development Area and maintain urban growth boundary areas that provide an official designation between future urban and 2006-1794 ne), cPL1848 C�� : ��'�✓lt7`� neft Coq -d!' -Q (c' CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 2 non -urban uses." The proposed PUD is located within the Mixed Use Development (MUD) Area, and within the three-mile municipal referral areas for the Towns of Mead and Frederick and the City of Longmont. 2) Section 22-2-230.A (MUD.Goal 1) states, "To plan and to manage growth and to provide for ease of inclusion in the I-25 Mixed Use Development Area and urban development nodes so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area." The proposal assures that new development will occur in such a manner as to maintain an attractive living environment. Further, all applicable standards and regulations, unless otherwise modified herein, of Chapters 22, 23, 26, and 27 of the Weld County Code, shall be integrated in the design of the Final Plan. 3) Section 26-1-50.6.1.a (MUD.C.1.Goal 1) states, "Establish a sense of community identity within the Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic, and economic components of the area." The land uses shown on the Change of Zone plat reflect the uses shown on the Amended MUD Structural Land Use Map 2.1, dated April 2006. 4) Section 22-2-230.F (MUD.Goal 6) states, "The extraction of minerals and oil and gas resources should conserve the land and minimize the impact to Planned Unit Developments." As proposed, the future oil and gas operations are limited to one location within the open space. The Conditions of Approval require a completed agreement. 5) Section 26-1-60 (MUD.P.Goal 1) states, "Provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and general welfare of the present and future residents of the area." The applicant has signed agreements in place with the St. Vrain Sanitation District and the Longs Peak Water District. The Weld CountyAttorney's Office has indicated that the agreements submitted by the applicant are adequate. 6) Section 26-1-70 (MUD.T.Goal 2) states, "Promote a pedestrian trail system to service transportation and recreation purposes within the Mixed Use Development Area." The Conditions of Approval ensure that a pedestrian connection will be created to the Mead Crossing development to the east prior to recording the Change of Zone plat. The applicant is also required to establish a trail connection along Foster Reservoir, as shown on Amended MUD Structural Land Use Map 2.1, dated April 2006. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 3 7) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and coordinated county -wide street and highway system which moves people and goods in a safe, economical, and efficient manner." The Conditions of Approval ensure that the applicant shall address the issues outlined by the Town of Mead, the Weld County Department of Public Works, and the Colorado Department of Transportation. 8) Section 26-1-70.6 (T.Goal 2) states, "New development within the Mixed Use Development area shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems." In a referral dated April 4, 2006, the Weld County Department of Public Works stated, "LSC Transportation Consultants (LSC) submitted an updated Traffic Impact Analysis (TIA) dated March 28, 2006; and a second review was completed by Weld County's traffic engineering consultant, Felsburg Holt and Ullevig (FHU) on March 23, 2006. With the exception of the State Highway 66 and Weld County Road 7 intersection and north -south travel, the items in FHU's second review can be addressed at the time of final plat application." a) On March 9, 2006, LSC provided a letter in which it stated impacts on the existing roadway and recommendations for improvements would be made in revised traffic reports at each construction phase. In a letter dated March 28, 2006, LSC cites regional off -site improvements at the intersections of State Highway 66 and Weld County Road 7, as well as Weld County Roads 28, 7, and 5.5, and further states the required contribution will be based on discussions with Weld County. b) The applicant is proposing a Metropolitan District for the maintenance obligations of improvements within the PUD and wishes to participate in the Southwestern Weld County Law Enforcement Authority. b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. 1) Section 27-2-20, Access standards. In an e-mail dated March 15, 2006, Gloria Hice-Idler, Colorado Department of Transportation (COOT) Access Manager, asked fora right-of-way reservation of 100 feet from the centerline of the existing roadway on State Highway 66. The revised plat shows the future right-of-way line, but does not show a reservation on the Kiteley property. Also, the proposed easement for the Highland Ditch/Recreational Trail is shown within the reservation. The applicant is required to revise the Change of Zone 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 4 plat to delineate and dimension the State Highway 66 reservation on the Kiteley Ranch PUD and delineate and dimension the proposed Highland Ditch/Recreational Trail easement outside, and south of, the State Highway 66 right-of-way reservation. a) The applicant is required to provide a schematic layout of future intersection improvements at State Highway 66 and Weld County Road 7, taking into consideration alignment with Weld County Road 7 to the north, and showing and dimensioning any required additional right-of-way on the Change of Zone plat. 2) Section 27-2-40, Bulk requirements. The applicant has proposed a deviation from the bulk requirements and allowed uses, as set out in the Weld County Code as follows: a) The minimum setback from a road right-of-way shall be 20 feet. The minimum backyard setback shall be 20 feet from the property line. The minimum side yard offset shall be 7.5 feet from the property line. Eaves, bay and box windows, room projections and cantilevers, foundation counterforts, brick ledges, air conditioning units, and window wells shall be allowed within a 2.5 -foot zone within these setbacks. Front -yard sidewalks, front porch steps, back -yard patios, decks, and air conditioning units shall be allowed within the setback. Side -yard concrete sidewalks and stoops shall be excluded from side -yard setback areas. These same setbacks and offsets were determined to be adequate by the Board of County Commissions through the approval of Change of Zone, PZ-1078, for Melody Homes, Inc., and are therefore supported by the Department of Planning Services. b) The minimum lot size shall be 6,270 square feet. Staff supports this variance as it is larger than the 6,000 -square -foot lot allowed in the R-1 Zone District by the Weld County Code. c) Storage of vehicles or recreational vehicles shall only be allowed inside garages that are a part of the principle use structure. Carports and/or parking areas are not allowed. d) Livestock shall be prohibited. e) Entryway signage of two (2) monument signs of thirty-two (32) square feet. The Conditions of Approval require the applicant to identify if signage can meet required setbacks. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 5 3) Section 27-2-50, Circulation. Sections 22-2-220 and 26-2-30 of the Weld County Code require an interconnected network of local streets. The Weld County Department of Public Works has requested a connection to the Mead Crossing development to the east. The applicant is not willing to do so, and states the reasons in the letter of March 23, 2006. The Department of Public Works strongly supports interconnectivityof developments because of the traffic benefits derived by reducing trips on collectors adjacent to developments. The Department of Public Works does not agree with the applicant's conclusion that the safety of Kiteley Ranch residents will be compromised by making the connection. 4) The applicant is also required to provide an agreement with the owner of the property south of the site for the relocation of the irrigation ditch serving the property . 5) The applicant's letter of March 23, 2006, states additional survey information needed to address off -site drainage has not been completed at this time and that a revised Drainage Report will be submitted. a) The applicant has met the remaining Performance Standards. The Conditions of Approval ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. c. Section 27-6-120.D.5.c- The uses which will be permitted will be compatible with the existing orfuture development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or Master Plans of affected municipalities. The proposed PUD is located within the Mixed Use Development (MUD) area, and within the three-mile municipal referral areas for the Towns of Mead and Frederick and the City of Longmont. The Town of Mead is opposed to this development being approved as an unincorporated project and wants the applicant to petition the Town of Mead for annexation. Mead further asks that the applicant complete an access permit for access onto Weld County Road 7, which is within the Town limits. The applicant is required to complete an access permit with the Town or show an adequate attempt has been made. The Town of Frederick and the City of Longmont indicated no conflicts with the proposal. d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II, of the Weld County Code. The Weld County Department of Public Health and Environment indicated the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 6 1) The PUD is to be serviced by the St. Vrain Sanitation District. The District has indicated that an agreement with the proposed Metro District will be required. Further, St. Vrain confirmed that the property lies within the St. Vrain Sanitation District 208 Service Area, and sewer service to the property can be achieved with several conditions, one of which is inclusion into the District. The applicant has agreed to apply for inclusion after approval of the Change of Zone. 2) The Department of Public Health and Environment is recommending permanent restroom and hand washing facilities be provided in close proximity to those public gathering areas where water and sewer services are available. Active and passive recreational opportunities will include such things as sports fields, a fitness/recreation center, swimming pool, trails, picnic grounds, bike paths, playgrounds, etcetera. These varied recreational opportunities must address the sanitation requirements of any area where people work, live, or congregate. The applicant has agreed to provide restroom facilities in the pool/tot lot park and the 1.42 -acre part in the north entrance park. This is acceptable. However, there was no restroom facility noted in the north entrance park on Sheet 4 of the Preliminary Site Improvements Plans. The pool will be for the private use of the residents and guests of the development and, therefore, will not be subject to the Colorado Department of Public Health and Environment Swimming Pool and Mineral Bath Regulations. 3) The Kiteley Homestead Place, which includes two residences, will be preserved, and the driveway access will be re -located to the internal subdivision. The houses will be placed on St. Vrain Sanitation service and any exiting septic system will be abandoned in accordance with County regulations. 4) A Subdivision Service Agreement is in place with the Longs Peak Water District for a potable and non -potable water supply. The Colorado Division of Water Resources has indicated that, contingent upon completion of improvements to the current facilities and water service being provided by the District, the proposed water supply will not cause material injury to existing water rights and the supply is expected to be adequate. e. Section 27-6-120.O.5.e - Street or highwayfacilities 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 PUD Zone District. As previously indicated, the applicant is required to submit additional information regarding improvements to State Highway 66 and Weld County Road 7. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 7 f. Section 27-6-120.O.5.f -An Off -Site Road Improvements Agreement and an On -Site Improvements Agreement proposal are in compliance with Chapter 24 of the Weld County Code , and a Road Improvements Agreement is complete and has been submitted, if applicable. The Weld County Departments of Public Works and Planning Services will require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Kiteley Ranch PUD and all on -site and off -site improvements at the time of Final Plan. Additionally, documentation for the Metropolitan District will be required to be approved for internal road construction and maintenance prior to recording the final plat. Section 27-6-120.O.5.g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. A portion of the site, adjacent to Foster Reservoir, lies within the 100 -year floodplain. The applicant is required to address off -site drainage, erosion in the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. Further, a Letter of Map Amendment, approved by FEMA, is required with the Final Plan application materials. No buildings shall be allowed inside the effective FEMA-defined floodplain. h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone District uses and the Specific Development Guide. The submitted Specific Development Guide does accurately reflect the Performance Standards and allowed uses described in the proposed Zone District, as described previously. 9• NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Kiteley Farms, LLLP, c/o Longs Peak Investors, LLC, for Change of Zone, PZ #1082, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat: A. The applicant shall address the concems of the Weld County Sheriffs Office, as stated in a memorandum dated February 21, 2006, and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. B. The applicant shall submit details of the proposed mailbox areas to the appropriate Postal District for review and approval. Any required changes shall be indicated on the plat. Further, the applicant shall verify that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 8 C. The applicant shall submit a Change of Zone Drainage Reportwhich shall be approved by the Department of Public Works. D. The plat shall be amended as follows: 1) The plat shall show a connection from Silver Sky Circle to Hyland in the Mead Crossing Development to the east, prior to recording the Change of Zone plat. 2) The applicant shall revise the future road connection note on the Change of Zone plat to read, "Future connection to Mead Crossing to be designed and constructed in Phase 2 of Kiteley Farms development upon requirement of the Town of Mead and Weld County." 3) The plat shall indicate the location of school bus shelters. Evidence of approval by the St. Vrain Valley School District shall be submitted to the Department of Planning Services. If necessary, a variance to setbacks must be requested prior to approval of the Change of Zone. Further, the applicant shall verify that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. 4) The extension of Pioneer Drive (S) south of Silver Sky Circle (S) shall be designated as a future road connection to be developed upon the development of the property to the south. 5) The plat shall show the restroom facilities at the North Entrance Park. E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. The Change of Zone is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, as indicated in the application materials on file. The residential lots will adhere to the uses allowed in the R-1 (Low -Density Residential) Zone District except as indicated below. The PUD will be subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. The minimum setbacks shall follow the Exhibit on page 3 of this Change of Zone plat. C. The minimum lot size shall be 6,000 square feet. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 9 D. Storage of vehicles or recreational vehicles shall only be allowed inside garages that are part of the principle use structure. Storage of vehicles or recreational vehicles within carports and/or parking areas are not allowed. E. Livestock is prohibited. F. Two (2) entry signs of thirty-two (32) square feet. G. Future connection to Mead Crossing is to be designed and constructed in Phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County. H. Weld County's Right to Farm Statement, as delineated on this plat, shall be recognized at all times. I. Water service shall be obtained from the Longs Peak Water District. J. Sewer service shall be obtained from the St. Vrain Sanitation District. K. Permanent restroom and hand washing facilities shall be provided within the pool/tot lot park and the 1.42 -acre park in the north entrance. L. All existing septic systems must be abandoned in accordance with Section 30-7-70 of the Weld County Code at the time of platting of Phase 2. M. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit, for more information. N. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. O. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. P. If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 10 Q. A separate building permit shall be obtained prior to the construction of any building. R. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Commercial building plans require a Code Analysis Data sheet, provided by the Weld County Department of Building Inspection. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. S. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2003 International Residential Code, 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. T Each building will require an engineered foundation based on a site -specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. U. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. V. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements as indicated on this plat or delineated in Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. W. Building plans shall be submitted to Mountain View Fire Protection District for its approval. X. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Program. 2006-1794 Pt_1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 11 Y Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. Z. Oil and gas structures shall be fenced to avoid tampering. AA. Except where noted on this plat, signs shall adhere to Sections 23-4-80 and 23-4-110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. BB. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. CC. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. DD. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. EE. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. FF. No development activity shall commence, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded. GG. The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned, and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application, and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. HH. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 12 3. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), ArcInfo Coverages and Arcinfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). 4. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 5. At the time of Final Plan submission: A. Only one single family residence per legal lot is allowed in the R-1 (Residential) Zone District. The applicant is proposing to place the existing homes on one lot. The applicant shall submit a Non -conforming Use application for one of the existing residences. B. Prior to submitting the Final Plan application, the applicant shall contact Lin Dodge, Weld County Department of Building Inspection, to obtain preliminary addresses. The applicant shall include a copy of the proposed street names and preliminary addresses with the Final Plan application for review and approval by referral agencies. C. A Letter of Map Amendment, approved by FEMA, shall be provided with the Final Plan application materials and no buildings shall be allowed inside the effective FEMA defined floodplain. D. The applicant shall provide an Improvements Agreement for both Public and Private Improvements According to Policy Regarding Collateral for Improvements with the Final Plan application. These agreements must be reviewed by County staff and shall be approved by the Board of County Commissioners prior to recording the final plat. E. The applicant shall submit to the Department of Planning Services a copy of the Restrictive Covenants, the Metropolitan District, the Law Enforcement Authority and Homeowners' Association Incorporation paperwork for the PUD, for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated prior to recording. F. The Final Plan shall include a Landscape Plan for all open space amenities within the PUD. The applicant shall also clarify how the proposed 25 -foot Utility and Landscape Easement shall be utilized. Landscaping within utility 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 13 easements in not usually allowed. The applicant shall provide additional information pertaining to the plant materials, including common, botanical, and species names, size at installation, and any additional information deemed necessary, if any. G. The applicant shall submit a Re -vegetation Plan of all disturbed areas during construction. The plan shall include information regarding plant type, installation methods, and maintenance. H. The applicant shall demonstrate how the proposed plant material will be watered. Further, the applicant shall provide evidence that the tap from Longs Peak District is permitted to provide irrigation water to the landscaped areas. I. The applicant shall submit a time frame for construction in accordance with Section 27-2-200 of the Weld County Code. J. The applicant shall contact the Colorado Division of Wildlife to discuss the concerns raised by the Division in a referral dated January 17, 2006. The Final Plan application shall indicate how the concerns of the Colorado Division of Wildlife have been addressed. K. The Covenants for Kiteley Ranch at Foster Lake shall address the following: 1) A Noxious Weed Plan, as requested by the Longmont Soil Conservation District. L. The Final Plan application materials shall include a detailed Final Engineering Geology/Geotechnical Report that addresses the limitations of construction due to groundwater and soil conditions identified in the Subsurface Exploration Program Preliminary Geotechnical Recommendations Report by Ground Engineering Consultants, dated November 22, 2004. M. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for 13812 and 13844 Weld County Road 7. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current Individual Sewage Disposal System (I.S.D.S.) Regulations. 6. Prior to Scheduling the Final Plan hearing: 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 14 A. Due to the extent of the proposed development, the Department of Public Works has asked that the Traffic Impact Study address the impact at each construction phase on the existing roadways and make recommendations for improvements needed at each phase. B. The applicant shall provide a schedule of recommended roadway improvements and proposed agreements that will mitigate the traffic impacts of the proposed development. C. Weld County Road 7 is within the Town of Mead. The applicant shall submit a letter from the Town indicating its concems regarding Weld County Road 7 have been met. If that letter cannot be supplied, the applicant is required to outline, in detail, all efforts that have been made to acquire Mead's approval. D. The Weld County Department of Public Works has indicated that, in the future, extensive improvements, including turn lanes, will be required at the intersection of State Highway 66 and Weld County Road 7. Fifty (50) feet of right-of-way, per Mead's requirement, is shown on the revised zoning plat. The Department of Public Works requested additional right-of-way at the intersection on Weld County Road 7. No additional right-of-way has been shown. The Preliminary Site Improvement Plan shows an eight (8)foot trail within the right-of-way. Clearly, there is not enough right-of-way to accommodate future intersection improvements and a trail system. E. Prior to scheduling the Board of County Commissioners Final Plan hearing for Phase 1, the applicant shall submit a proposed agreement that will be entered into during the Final Plan stage of Phase 2 that will provide for the construction of the connection to Mead Crossing or adequate surety. The agreement shall have a term of ten (10) years, after which, surety will be released if the Town of Mead and Weld County does not require the connection to be constructed. The proposed agreement shall be referenced in the Change of Zone Resolution. Further, the applicant shall revise the future road connection note on the Change of Zone plat to read, "Future connection to Mead Crossing to be designed and constructed in Phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County." F. Section 27-2-60, Common open space. As proposed, the site does meet the open space requirements of Chapters 26 and 27 of the Weld County Code. The Department of Public Works requested separate easements expressly for the irrigation ditches which are commonly requested by ditch companies. The revised plats indicate there will be joint use of the Highland Ditch maintenance road and the recreational trail within the same easement. If the Highland Ditch does not agree to joint use, separate easements for the ditch and outlots for the trail system must be delineated on the plat. The maintenance road should be removed from the open space calculation if not 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 15 used as a recreational trail. The applicant is required to provide an agreement between the Highland Ditch and the applicant addressing joint use and adequacy of the proposed easements. G. Section 27-2-74, Conservation area. Kiteley Ranch PUD is adjacent to Foster Reservoir and is impacted by non -jurisdictional wetlands, floodplains and high water tables. The Weld County Department of Public Works cited three major concerns that were requested to be addressed at the Change of Zone application phase. They were off -site drainage, FEMA floodplain, and erosion of the Highland Ditch. Prior to scheduling the Board of County Commissioners Final Plan hearing for Phase 1, the applicant shall submit Final Drainage Report and that report shall be approved by the Department of Public Works. H. On May25, 2006, the Department of Public Works received a Final Drainage and Erosion Control Report from S. A. Miro, Inc., that provides additional information. The applicant is required to address off -site drainage, erosion of the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. Further, a Letter of Map Amendment, approved by FEMA, is required with the final plat application materials. No buildings shall be allowed inside the effective FEMA-defined floodplain. I. The Town of Mead is opposed to the development being approved as an unincorporated project and wants the applicant to petition the Town of Mead for annexation. The Town of Mead further asks that the applicant complete an access permit for access onto Weld County Road 7, which is within the Town limits. The applicant is required to complete an access permit with the Town of Mead or show an adequate attempt has been made. J. The applicant is required to submit additional information regarding improvements to State Highway 66 and Weld County Road 7. K. The applicant shall submit Improvements Agreements in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Kiteley Ranch PUD for all on -site and off -site improvements at the time of Final Plan. Additionally, documentation forthe Metropolitan Districtwill be required to be approved for internal road construction and maintenance prior to recording the final plat. L. A portion of the site, adjacent to Foster Reservoir, lies within the 100 -year floodplain. The applicant is required to address off -site drainage, erosion in the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. Further, a Letter of Map Amendment, approved by FEMA, is required with the Final Plan application materials. No buildings shall be allowed inside the effective FEMA-defined floodplain. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 16 M. The applicant shall address the following to the satisfaction of the Weld County Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services: 1) The applicant shall provide a schedule of recommended roadway improvements and proposed agreements that will mitigate the traffic impacts of the proposed development. 2) The applicant shall revise the zoning plat to delineate and dimension the State Highway 66 reservation on the Kiteley property and delineate and dimension the proposed Highland Ditch / Recreational Trail easement outside and south of the State Highway 66 right-of-way reservation. 3) The applicant shall obtain written verification from the Highland Ditch that no additional easement is required in light of the future widening of State Highway 66. 4) The applicant shall provide a letter from the Town of Mead indicating its concerns regarding Weld County Road 7 have been met. If that letter cannot be supplied the applicant should outline, in detail, all efforts that have been made to acquire Mead's approval. 5) The applicant shall provide a schematic layout of future intersection improvements at State Highway 66 and Weld County Road 7, taking into consideration alignment with Weld County Road 7 to the north, and showing and dimensioning any required additional right-of-way on the Change of Zone plat. 6) All rights -of -way shall be dimensioned on the Change of Zone plat. 7) The applicant shall provide an agreement between the Highland Ditch and the applicant addressing joint use and adequacy of the proposed easements. 8) The applicant shall address off -site drainage and erosion in the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. N. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the property's mineral owners and lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400 -foot by 400 -foot and the 800 -foot by 800 -foot drilling envelope locations, per State statute. O. The plats shall be amended so that proposed entry signs are outside of the future road right-of-way and proposed 25 -foot utility easement. Further, 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 17 signage must meet the appropriate setback of fifteen (15)feet from adjacent properties and the offset of ten (10) feet from the road right-of-way, per Section 27-6-90.E.4.d of the Weld County Code. If these distances cannot be met, the applicant shall request a variance from Section 27-6-90.E.4 of the Weld County Code. P. The applicant shall provide a schedule of adjacent and regional roadway improvements in coordination with the Town of Mead, the Colorado Department of Transportation, Weld County, and other regional developments. Q. The applicant shall provide construction plans for improvements on Weld County Road 7 and evidence of approval by the Town of Mead. R. The applicant shall provide construction plans for current and year 2025 intersection improvements at Weld County Road 7 and State Highway 66, and submit evidence of approval by the Colorado Department of Transportation. S. The applicant shall provide a copy of the agreement between Centex and Longs Peak Investors, LLC, for design and construction of Weld County Road 7, as well as the intersection of Weld County 7 and State Highway 66. T The applicant shall provide copies of agreements between all parties participating in the improvements on Weld County Road 7, the intersection of Weld County Road 7 and State Highway 66, and other regional improvements. U. The applicant shall provide an Off -site Improvements and Surety Agreement, acceptable to the Weld County Attorney, for the improvements on Weld County Road 7, the intersection of Weld County Road 7 and State Highway 66, and other regional improvements. V. Prior to recording the final plat, the area shown crosshatched shall be delineated as State Highway 66 Right -of -Way Reservation. W. All rights -of -way shall be dimensioned on the final plat. X. The applicant shall provide an agreement between the Highland Ditch and the applicant addressing joint use and adequacy of the proposed easements. Y The applicant shall revise the future road connection note on the Change of Zone plat to read, "Future connection to Mead Crossing to be designed and constructed in Phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County." 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 18 Z. The minimum setback from an oil and gas production facility shall be per the Surface Use Agreement with Kerr-McGee, dated May 30, 2006. There shall be a 150 -foot setback from the well/separator and a 200 -foot setback from water and oil tank from residential lot lines. AA. A Metropolitan District shall be established. The District is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. BB. A Homeowners' Association shall been established. Membership in the Association is mandatory for each parcel owner. CC. Kiteley Ranch shall be a member of the Southwestern Weld County Law Enforcement District and shall be taxed accordingly. 7 Prior to recording the final plat: A. The applicant shall submit evidence that all requirements of the St. Vrain Valley School District have been completed. B. The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. C. The applicant shall submit evidence that the Covenants have been approved by the Weld County Attorney's Office. D. The applicant shall submit the finalized Agreement/Service Plan for the Metropolitan District. E. The applicant shall present a unanimous petition of all landowners and residents of the Kiteley Ranch PUD registered to vote in the State of Colorado, thus qualifying the Development for inclusion into the Southwest Weld County Law Enforcement Authority (SWCLEA). An LEA is a taxing unit with a maximum mill levy of seven (7) mills created for the purpose of providing additional law enforcement by the County Sheriff to the residents of the developed or developing unincorporated Weld County. The revenues will be available initially to provide directed patrols and eventually to provide additional deputies to carry out those activities within the LEA. This is intended to offset the demand for law enforcement generated by increased population densities. F Finalized Covenants and the appropriate recording fee (currently $6.00 for the first page and $5.00 for all others) shall be submitted to the Weld County Department of Planning Services for recording at the Weld County Clerk and Recorder's Office. 2006-1794 PL1848 CHANGE OF ZONE #1082 FROM A (AGRICULTURAL) TO PUD - KITELEY FARMS, LLLP PAGE 19 G. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). 8. Prior to construction: A. The applicant shall provide a letter on letterhead from the Mountain View Fire Protection District stating that all requirements have been met for each filing and/or phase of this development. 9. Prior to release of collateral: A. The applicant shall submit evidence that the open space has been deeded to the Metropolitan District. B. Evidence shall be submitted from the Weld County Department of Public Health and Environment indicating that the existing septic systems have been abandoned in accordance with County regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 2006. ATTEST: Weld County Clerk to the BY: DeplG y Cler the Board APD AS TO F M: unty Attorney Date of signature: 61/1 (c)(-' BOARD OF ELD CO OUNTY COMMISSIONERS TY, COLORADO eile, Chair cep, David E. Long, Pro-Te William H. Jer Robert D. Masde 4.41 Glen Vaad _ 2006-1794 PL1848 Hello