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Home My WebLink About20230845.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Development Review DATE: December 14, 2022 SUBJECT: USR22-0034 Stoesz Properties LLC (dba miniStays) The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning Services. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for a campground in the A (Agricultural) Zone District. This project is north of CR 38 and is west of and adjacent to CR 5. Parcel number: 106132000076 Lot B RE -2682. Access is onto CR 5. ACCESS Development Review has reviewed the application materials related to access. This portion of CR 5 is within the jurisdiction of the Town of Mead. Contact the Town concerning the access permitting requirements. ROADS AND RIGHTS -OF -WAY This portion of County Road 5 is under the jurisdiction of the Town of Mead. The municipality has jurisdiction over access to the road. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 12. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 2,000 sq. ft. building or equivalent imperviousness. Located in Sec. 8-11-40. Drainage Policy. No additional stormwater management and detention information is needed. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL The USR map shall be amended to delineate the following: 1. This portion of County Road 5 is under the jurisdiction of the Town of Mead. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access on the site plan and label with the approved access permit number if applicable. (Development Review) 2. Show and label the drainage flow arrows. (Development Review) 3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) 3. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Weld County Department of Public Health and Environment Memorandum To: Michael Hall From: Lauren Light, Environmental Health Services Date: December 15, 2022 Re: USR22-0034 Applicant: Clark and Kristine Stoesz Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for a campground in the A (Agricultural) Zone District. The existing residence is served by Little Thompson Water District and an on -site wastewater treatment system (OWTS) permitted for 5 bedrooms (SP -0100520). The tiny homes will be served by Little Thompson Water District and a new OWTS. Environmental Health Services recommends that the following requirement be met prior to allowing the plat to be recorded: 1. An On -Site Wastewater Treatment system is required for the campground and shall be installed according to the Weld County On -Site Wastewater Treatment System (OWTS) Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the On -Site Wastewater Treatment System Regulations. Environmental Health Services recommends that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 7. Any On -site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. 8. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Jessica Reid From: Michael Hall Sent: Monday, December 12, 2022 8:58 AM To: Lauren Light Subject: RE: USR22-0034 Perfect. That works for me! Thanks for letting me know of the update. Michael Hall Planner II (970) 400-3528 mhall@weldgov.com 1555 N17th Avenue Greeley, CO 80631 W1tD WELD COUNTY, CO Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lauren Light <Ilight@weldgov.com> Sent: Friday, December 9, 2022 2:56 PM To: Michael Hall <mhall@weldgov.com> Cc: Lauren Light <Ilight@weldgov.com> Subject: USR22-0034 I would like to add this email to the documents in accela so we have a record. Is that ok with you? On 12/9/22 I spoke with Clark Stoesz and let him know that OWTS permit sp-2200323 was voided and is not valid. The permit was not accepted due to wrong application type, (it would need to be a commercial permit for multiple dwelling on the system), need engineering and soils for whole system. per ks I let Mr. Stoesz know that I could add a COA that prior to recording the plat they must have a finaled OWTS permit and he agreed. Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 1 Ilight@weldgov.com 970-400-2211 (office) y LM1,LI �; r111, 4;k~ f Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Submit by Email Weld County Referral December 2, 2022 The Weld County Department of Planning Services has received the following item for review: Applicant: Clark and Kristine Stoesz Case Number: USR22-0034 Please Reply By: December 30, 2022 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a campground in the A (Agricultural) Zone District. Parcel Number: 106132000076-R0585501 Legal: LOT B REC EXEMPT RE -2682, PART NE4 SECTION 32, T4N, R68W of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 5; approximately 0.5 miles north of County Road 38. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. n We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: n We have reviewed the request and find no conflicts with our interests. n See attached letter. Signature U (/ Agency Weld County Oil & Gas Energy Department Date 12/9/2022 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR22-0034 Associated Parcel: 106132000076 OGED Reviewer: Kelly Holliday Review Date: December 9, 2022 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel, none directly on the associated parcel. 2. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the COGCC map viewer and utilize Colorado 811 prior to any excavation activities. This determination is based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. LITTLE THOMPSON WATER DISTRICT 835 E STATE HIGHWAY 56, BERTHOUD, CO 80513 ANNUAL WATER USAGE ALLOCATION ASSIGNMENT THE UNDERSIGNED, being the owner of Little Thompson Water District's Tap Number 370 whereby domestic water service is provided to the property described below, hereby assigns an additional 0.18 acre-feet of water to be allocated to said Tap Number 370 as part of the said real estate. Water allocated to Tap Number 370 was acquired via the District's (Water Credit or Cash -in -Lieu) Program at a rate of $130,000 per acre-foot: Tap Number Parcel Address 370 106132000076 18519 County Rd 5, Berthoud, CO 80513 Primary Residence and One Tiny Home/RV AND FURTHER directs that the Secretary of the Little Thompson Water District is hereby authorized to change upon the records of said District's Domestic Water Agreement the annual allocation of water assigned to Tap Number 370 as follows: Tap Size and Type: 5/8 -inch Standard Allocation (acre-feet) Allocation (gallons) Existing Annual Water Usage Allocation 0.7 228,000 Additional Annual Water Allocation Assigned 0.18 60,000 New Annual Water Usage Allocation 0.88 288,000 Required Fees: Plant Investment Fee: Water Resource Fee: Water Credit Fee: n Accessory Dwelling X Yes Yes Yes x X No $ No $ No $23,400 District hereby acknowledges receipt of $23,400 This assignment is subject to the Provisions of the Bylaws and the Rules and Regulations of Little Thompson Water District, as may be amended from time to time. Customer Signature Date Customer Signature Date Authorized District Representative Date Page 1 of 1 From: Holly Suess <hsuess@LTWD.org> Sent: Friday, February 24, 2023 3:39 PM To: cestoesz@aol.com Cc: Brad Eaton <BEaton@ltwd.org>; Jacob Hebert <JHebert@ltwd.org>; Amber Kauffman <akauffman@LTWD.org>; Judy O'Malley <jomalley@ltwd.org>; Sarah Holderfield <sholderfield@ltwd.org>; Amanda Hoff <ahoff@ltwd.org>; Nancy Koch <nkoch@LTWD.org>; Clayton Orback <COrback@ltwd.org>; Kim Ogle <kogle@weldgov.com> Subject: RE: Stoesz Commitment Letter - DWA/Assignment caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Clarke and Kristine, Attached is the required Domestic Water Agreement and Assignment for the increase in water allotment (0.18 acre-feet) you are purchasing for your primary residence and one tiny home/RV, per requirement in the Commitment Letter Dated February 2, 2023. Please sign in the presence of a notary and email the completed documents back to me. The payment due is $23,400. We accept check or card by phone with no additional fees. We will need to work through the same process for the second tiny home/RV, which also requires the purchase of 0.18 acre-feet of water per the same commitment letter referenced above. We will update the Domestic Water Agreement and Assignment when you are ready to purchase the water. The cost of the water can change at any time. NOTE: The Commitment Letter does not hold the price of the water. It is the customer's responsibility to follow-up and check for price increases, changes to the Rules and Regulation as well as follow the instructions within the Commitment Letter to be compliant. Regards, .9-16 fty Suess Customer Service Supervisor Water Conservation Specialist Little Thompson Water District 835 E State Highway 56 Berthoud, CO 80513 O: 970-532-2096 D: 970-344-6308 www.ltwd.org From: Jacob Hebert <JHebert@Itwd.org> Sent: Thursday, February 2, 2023 3:35 PM To: cestoesz@aol.com Cc: Brad Eaton <BEaton@Itwd.org>; Holly Suess <hsuess@LTWD.org>; Amber Kauffman <akauffman@LTWD.org>; Judy O'Malley <`omalley@Itwd.org>; Sarah Holderfield <sholderfield@ltwd.org>; Amanda Hoff <ahoff@ltwd.org>; Nancy Koch <nkoch@LTWD.org>; Clayton Orback <COrback@ltwd.org>; Kim Ogle <kogle@weldgov.com> Subject: Stoesz Commitment Letter Hi Clarke, Please see attached commitment letter in response to your request. Let us know of any questions. Thanks. Jake Hebert, PE Civil Engineer Ill "LittI'F Tieor'.Ifl_ ort water District t 835 E. State Highway 56, Berthoud, CO 80513 Direct: 970-344-6374 ;hebert@Itwd.arg I www.ltwd.org From: Amber Kauffman <akauffman@LTWD.org> Sent: Thursday, February 9, 2023 9:19 AM To: Clarke Stoesz <cestoesz@aol.com> Cc: Kim Ogle <kogle@weldgov.com>; kstoesz@aol.com; Brad Eaton <BEaton@ltwd.org>; Holly Suess <hsuess@LTWD.org> Subject: RE: LTWD Tap 370 Commitment for USR22-0034 Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. The commitment letter is correct. A clarification to my response: The flow rate through the meter will not change as the physical meter will remain. The annual allotment of water that will be assigned to the meter will increase to 348,000 gallons. I hope that helps. Amber Amber Kauffman, PE, District Manager L Jrie Thornpson Water a4;r oaf:" 835 E. State Highway 56, Berthoud, CO 80513 PH: 970-532-2096 I FX: 970-532-3734 I Direct: 970-344-6318 akauffman@ltwd.org I www.ltwd.org From: Clarke Stoesz <cestoesz@aol.com> Sent: Thursday, February 9, 2023 9:15 AM To: Amber Kauffman <akauffman@LTWD.org> Cc: kogle@weldgov.com; kstoesz@aol.com; Brad Eaton <BEaton@ltwd.org>; Holly Suess <hsuess@LTWD.org> Subject: Re: LTWD Tap 370 Commitment for USR22-0034 Amber, Thank you for your response and reminder of the petition deadline. There is only one final understanding which appears to have been presented in contradiction. The clarification needed is in the total volume on an annual basis associated with the change. The commitment letter, which we now have seen, specifically states that the allocation of water with the additional purchase will be increased by the .36 acre ft. Therefore the letter states that the volume does increase on an annual basis. The flow RATE, however would be unchanged through a 5/8" tap. I know it is a bit of semantics, but an important one to clarify. We understand the commitment letter, and if the commitment letter is governing (new annual maximum of 348,000 gallons) over the verbiage in the response below we will not pursue any petition. Thank you for your time, Clarke Stoesz 970-290-6587 Original Message From: Amber Kauffman <akauffman@LTWD.org> To: Clarke Stoesz <cestoesz@aol.com> Cc: kogle@weldgov.com <kogle@weldgov.com>; kstoesz@aol.com <kstoesz@aol.com>; Brad Eaton <BEaton©ltwd.org>; Holly Suess <hsuess@LTWD.org> Sent: Wed, Feb 8, 2023 9:02 pm Subject: RE: LTWD Tap 370 Commitment for USR22-0034 Clarke, I apologize for the delay. Please see my responses below in red. If you would like to submit a variance request to the board, please let me know as I need to get that into our board packet by Friday noon. If you wish to wait until our March board meeting, we would need the request by March 15 for our March 23 board meeting. Sincerely, Amber Kauffman From: Clarke Stoesz <cestoesz@aol.com> Sent: Thursday, February 2, 2023 11:50 AM To: Amber Kauffman <akauffman@LTWD.org>; Brad Eaton <BEaton@Itwd.org> Cc: kogle(c�weldgov.com; kstoesz@aol.com Subject: LTWD Tap 370 Commitment for USR22-0034 Amber, Amber, thank you for your time yesterday morning discussing Tap 370 commitment letter for 2 RV's related to Weld County USR22-0034. We sincerely do appreciate your effort to explain the parameters that you have to work within, and we appreciate your willingness to work with us. Based on our conversation, and the challenge of needing to match use as defined by Weld County (RV status) we do understand that a variance petition to LTWD board would be hard to get approved. If we can understand what is being offered in greater detail, perhaps we would not make a petition for variance and proceed on the path below. We are seeing how we can make this work based on the pasted communication sent to Kim Ogle, and forwarded to us. (see below) Questions: 1. We want to specifically understand that the option outlined below is called a "cash -in -lieu" option, but does ensure a permanent new increase in allocation. We would have you sign a new domestic water agreement that adds that additional water dedication to the tap. Specifically, does the purchase of .36 ac -ft in fact raise the amount of water that can flow through Tap 370 from its existing limit (228,000 a year)? The volume of water that can flow through the meter is unchanged unless you decide to upgrade the meter. Also, the triggered overage rates would align with the higher new allocation? The overage rates would not be adjusted unless you upgraded the meter size. 2. What are the terms of when the $46,800 is due? Are any payment plans available?We could work with you on a payment plan. 3. Do we need to submit a new application, since the old application was for an ADU (submitted 6- 20-2022)? I hope that the commitment letter cleared that up — as we treated the tiny homes as RV's according to Weld County's processing. 4. We would like confirmation that no new equipment is required from your viewpoint. (no new pit or additional meters). This is correct. If you would like to review the tier rates for the 3/4" tap as they compare to the 5/8" tap, you could upgrade the 5/8" tap to a 3/4" tap by a simple additional fee and the meter would be changed. No additional infrastructure improvements would be required. 5. Is this commitment transferable with our property? (of course, could be subject to new owners having to sign upon sale) no sale is planned, but who knows 20 years down the road. The domestic water agreement would outline the water dedication and that amount would be transferred to the new owner with any sale of the property. One final comment for contemplation. We believe that the answers to our finite resources will be found in empowering people to do more with what they already have. We hope you are successful in seeing other LTWD customers improve their usage like the example we have set. We have been pleased with the amount of reduction in your water use that has occurred this summer! We appreciate your attention to the finite resource. Respectfully submitted, Clarke and Kris Stoesz Co -Founders Ukraine Orphan Outreach 18519CR5 Berthoud, Co 80513 970-290-6587 www.ukraineorphans.org Mr. Ogle, I believe the County is processing this request similar to RV sites. If this is correct, we would require 0.18 ac -ft per site for water dedication in order to ensure continued water supply is available for the two homes. The property owner could pay cash -in -lieu for that water dedication and would be required to fill out a new domestic water agreement that identifies his new annual allotment. Currently our rate is $130,000 per ac -ft, meaning the associated cost for water dedication would be $46,800. This cost assumes the current meter size remains and bills at the current monthly billing rate. I assume the property owner has requested a commitment letter from the District. Any details in that regard should be forthcoming. Please let me know if you have further questions/concerns. Sincerely, Amber Kauffman From: Amber Kauffman <akauffman@LTWD.org> Sent: Wednesday, February 8, 2023 9:03 PM To: Clarke Stoesz <cestoesz@aol.com> Cc: Kim Ogle <kogle@weldgov.com>; kstoesz@aol.com; Brad Eaton <BEaton@ltwd.org>; Holly Suess <hsuess@LTWD.org> Subject: RE: LTWD Tap 370 Commitment for USR22-0034 Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Clarke, I apologize for the delay. Please see my responses below in red. If you would like to submit a variance request to the board, please let me know as I need to get that into our board packet by Friday noon. If you wish to wait until our March board meeting, we would need the request by March 15 for our March 23 board meeting. Sincerely, Amber Kauffman From: Clarke Stoesz <cestoesz@aol.com> Sent: Thursday, February 2, 2023 11:50 AM To: Amber Kauffman <akauffman@LTWD.org>; Brad Eaton <BEaton@ltwd.org> Cc: kogle@weldgov.com; kstoesz@aol.com Subject: LTWD Tap 370 Commitment for USR22-0034 Amber, Amber, thank you for your time yesterday morning discussing Tap 370 commitment letter for 2 RV's related to Weld County USR22-0034. We sincerely do appreciate your effort to explain the parameters that you have to work within, and we appreciate your willingness to work with us. Based on our conversation, and the challenge of needing to match use as defined by Weld County (RV status) we do understand that a variance petition to LTWD board would be hard to get approved. If we can understand what is being offered in greater detail, perhaps we would not make a petition for variance and proceed on the path below. We are seeing how we can make this work based on the pasted communication sent to Kim Ogle, and forwarded to us. (see below) Questions: 1. We want to specifically understand that the option outlined below is called a "cash -in -lieu" option, but does ensure a permanent new increase in allocation. We would have you sign a new domestic water agreement that adds that additional water dedication to the tap. Specifically, does the purchase of .36 ac -ft in fact raise the amount of water that can flow through Tap 370 from its existing limit (228,000 a year)? The volume of water that can flow through the meter is unchanged unless you decide to upgrade the meter. Also, the triggered overage rates would align with the higher new allocation? The overage rates would not be adjusted unless you upgraded the meter size. 2. What are the terms of when the $46,800 is due? Are any payment plans available?We could work with you on a payment plan. 3. Do we need to submit a new application, since the old application was for an ADU (submitted 6- 20-2022)? I hope that the commitment letter cleared that up — as we treated the tiny homes as RV's according to Weld County's processing. 4. We would like confirmation that no new equipment is required from your viewpoint. (no new pit or additional meters). This is correct. If you would like to review the tier rates for the 3/4" tap as they compare to the 5/8" tap, you could upgrade the 5/8" tap to a 3/4" tap by a simple additional fee and the meter would be changed. No additional infrastructure improvements would be required. 5. Is this commitment transferable with our property? (of course, could be subject to new owners having to sign upon sale) no sale is planned, but who knows 20 years down the road. Tie domestic water agreement would outline the water dedication and that amount would be transferred to the new owner with any sale of the property. One final comment for contemplation. We believe that the answers to our finite resources will be found in empowering people to do more with what they already have. We hope you are successful in seeing other LTWD customers improve their usage like the example we have set. We have been pleased with the amount of reduction in your water use that has occurred this summer! We appreciate your attention to the finite resource. Respectfully submitted, Clarke and Kris Stoesz Co -Founders Ukraine Orphan Outreach 18519 CR 5 Berthoud, Co 80513 970-290-6587 www.ukraineorphans.org Mr. Ogle, I believe the County is processing this request similar to RV sites. If this is correct, we would require 0.18 ac -ft per site for water dedication in order to ensure continued water supply is available for the two homes. The property owner could pay cash -in -lieu for that water dedication and would be required to fill out a new domestic water agreement that identifies his new annual allotment. Currently our rate is $130,000 per ac -ft, meaning the associated cost for water dedication would be $46,800. This cost assumes the current meter size remains and bills at the current monthly billing rate. I assume the property owner has requested a commitment letter from the District. Any details in that regard should be forthcoming. Please let me know if you have further questions/concerns. Sincerely, Amber Kauffman Directors: Emily McMurtrey, President Steve Brandenburg Larry Brandt Ryan Heiland Ed Martens Bill Szmyd James Walker Little Thompson Water District February 2, 2023 District Manager: Amber Kauffman 835 E Highway 56 Berthoud, CO 80513 P: 970-532-2096 F: 970-532-3734 www.LTWD.org Clarke & Kris Stoesz 18519 County Road 5 Berthoud, CO 80513 970-290-6587 cestoesz@aol.com Subject: Commitment Letter to Serve a Commercial Campground at 18519 County Road 5, Berthoud, Colorado Dear Mr. & Mrs. Stoesz: This letter is in response to your request for a water service commitment from the existing 5/8 -inch standard residential tap to serve two (2) existing tiny homes on wheels located on the property at 18519 County Road 5, Berthoud, CO, or more generally described as follows: PORTION OF NE 1 of SEC. 32, T04N, R68W -- WELD COUNTY, CO Parcel 106132000076 The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is made under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations; however, this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently serve the subject property via a 5/8 -inch standard residential tap (tap #370) from a 6 - inch diameter waterline that we own and operate in an exclusive easement along the east side of Weld County Road 5. From the Weld County referral, case number USR22-0034 and Kim Ogle, Principal Planner for Weld County Planning Services, the District understands that you are requesting a Site -Specific Development Plan and Use by Special Review Permit for a commercial campground on the subject parcel. Furthermore, the District understands that you are proposing to operate this campground using two existing recreational vehicles (RV's) converted to tiny homes on wheels, with potable water service from the existing 5/8 -inch standard residential tap (tap #3 70). The District will commit to continuing service to the above property, under the existing and proposed conditions, subject to the limitations in this letter and the following additional limitations on the provision of water service: 1) In addition to the raw water currently associated with your existing tap, you will be required to provide additional water rights to meet the minimum raw water dedication of 0.18 acre- feet per RV unit. The additional 0.18 acre-feet (60,000 gallons) per RV unit will be applied to your current annual allotment of 0.70 acre-feet (228,000 gallons). Therefore, the adjusted total annual allotment for your existing tap with two (2) RV units will be 1.07 acre-feet (348,000 gallons). The District currently has a cash -in -lieu water rights purchase program available. Please note the cash -in -lieu water is available on a first -come, first -served basis, at the rate of $130,000 per acre-foot which is below the current market value. Therefore, the associated cost of additional water dedication required for the two (2) existing RV units is is $46,800 using the District's cash -in -lieu program. Please contact the District's water resources staff, Amanda Hoff, at 970-344-6304, or Nancy Koch, at 970-344-6388, to discuss options for water dedication. 2) You will be required to execute a new Domestic Water Agreement with the District. Please contact Holly Suess at 970-344-6308 to complete this process. 3) You will be required to work through the District's commitment letter process for all future expansions of the commercial campground or any additional camp/RV sites. 4) Should any RV unit or the primary residence become located on a separate parcel through the property subdividing process, a separate tap will be required for each unit on a separate parcel. 5) All improvements to District facilities required to provide service will be the Developer's financial responsibility in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 6) Please note that fire flow was not evaluated as it was not specifically requested with your commitment request. The applicant should contact the District for potential system upgrade requirements and fees for this provision if fire flow is required. Responsible water use and conservation are of significant importance to ensure the District has an adequate water supply for all its customers. As noted above, your future annual allotment for your 5/8 - inch standard residential tap with two (2) RV units is 348,000 gallons. We urge you, as the customer, to keep your water use within your annual allotment of 348,000 gallons for your existing tap. Please note that excessive overuse may result in expensive surcharges, and repeated overuse may result in the requirement to dedicate additional raw water to the District. Please also note that the current monthly billing structure will not change unless the property owner specifically requests to increase the tap size to a 3A -inch residential tap, which would require additional fees (Plant Investment Fee and Installation Fee). The current monthly rate for the existing 5/8 -inch standard residential tap for water usage between 50,000 gallons and 70,000 gallons is $9.00 per thousand gallons and the usage above 70,000 gallons is billed at $13.50 per thousand gallons (effective January 1, 2023) and may be amended by the District at any time with properly noticed public hearing. As you are aware, your existing water meter is be fitted with the newly developed "Eye On Water" technology, which provides you the unique ability to monitor your usage in real time. Additional information for using the "Eye On Water" application has been provided with this letter, and we strongly encourage you to continue use of this innovative and beneficial technology. This commitment letter will expire two years from the date of this letter if the new Domestic Water Agreement has not been executed and the water dedication outlined in item 1) herein has not been provided by that date of expiration. Please note that fees can change at any time within this two-year period. Please note that this letter must contain a signature from the District Engineer to be valid. Once a new Domestic Water Agreement, as outlined in item 2) herein, is executed and the water dedication, as outlined in item 1) herein, has been provided, the District will provide a signed copy of this letter. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS, AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS, AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. Thank you, and please contact the District with any questions. (Attachments) Little Thompson Water District E ioi C im U 1 n Welcome to our newest technology! Get to know your water usage by logging into https://eyeonwater.com Benefits Access to water consumption data Easy to view, understand and manage water usage Promotes changes in behavior related to water conservation Features Hourly, daily, monthly and yearly data and charts Configurable leak alerts by email or SMS text Web based consumer portal, plus Android and iOS mobile apps ISO 27001 certified and SCO 2 examined for security, availability and confidentiality EACON` Advanced Metering Analytics See Your Water Usage EyeOnWater Follow the simple steps below to access your water usage information online. ••• .t ID: 2. • Did you know? One in eight people worldwide do not have access to clean water, according to the World Health Organization. Utility: Enter Zip Code tir Service Account ID: ? Next Visit https://eyeonwatencorn and click Create Account to create your online account. You'll need to enter your service zip code and your utility billinc account number. Did you know? One in eight people worldwide do not have access to clean water, according to the World Health Organization. Full Name: Jonny Goldberg Email Address: JonnyGoldberg58@gmail.com Password: ••••••• Confirm Password: ••••••• I have read the terms of use for this application and agree to the provisions. Next Enter your name, email and create a password. ••• Did you know? One in eight people worldwide do not have access to clean water, according to the World Health Organization. We have sent a verification email to the following address, please open the link in the email and return to this app to complete the sign up process. Email Address: JonnyGoldberg58@gmail.com Resend Email Check your email for the verification message that has just been sent. Click on the question mark to see where to find your Service Account ID on your utility bill. ••• Inbox (1) Starred Sent Mail Drafts More - Welcome, please activate your water account Inbox x • a Department of Utilities to me - Hi Jonny Goldberg, You're almost finished signing up for online access to your City of Yakima Utility Services Division water account. Please click the verification link below to activate your account and sign in. Click here to verify your email address. Click on the link in the email to verify your email address. ••• E- -3. Ct • Did you know? One in eight people worldwide do not have access to clean water, according to the World Health Organization. My Account Email Address: JonnyGoldberg58@gmail.com Password: ••.•••• Sign In After clicking the link in your email, enter your email address and password to sign in. 0 w.loant Jenny Golding Pay MS Bal 4Gn W tall is r-i SIN Leal, AI e.,1 Yawl M.M 336 Las Animas C1r Al a Mew a 628 ::-I:`" 853-"^' 119" "• TGWU,' Gala IV, Ilwr ®mat Ypar Join CIO 00 Daily to, JGnwuy 2015 alskllnIllilllsllolilllil • Moo °pilau's Once you've logged in, you'll be able to view your water consumption. Little Thompson Water District COMMITMENT LETTER REQUEST (RESIDENTIAL) Commitment Fees (fees must be included with request): 1Tap =$150 2-4Taps =$600 5 — 80 Taps = $1,000 Over 80 Taps = $1,000 Pus, F ginceri, Fees ($3,500 minimum) Accessory Dwelling Fee = $150 Date: June 20th, 2022 trw0 JUN232 0?? PECOS/El) Email or Mail Commitment Letter Requests to: Jake Hebert, PE Civil Engineer II jhebert@ltwd.org Little Thompson Water District 835 E. Hwy 56 Berthoud, CO 80513 18519 CR 5 PHYSICAL ADDRESS OF REQUESTED TAP(s) APPROXIMATE DISTANCE FROM NEAREST INTERSECTION (IDENTIFY COUNTY AND INCLUDE ROAD NUMBERS) CR 38 and CR 5 1/2 mile North, house on west side (Attach sketch of project and any description.) HA NE.4 3P -4-h8 LCYI B Exempt RE -2682 (.14R) SECTION TOWNSHIP RANGE PARCEL NUMBER: 106132000076 REQUEST INTENT? Recorded Exemption Application Subdivision or PUD Accessory Dwelling(List Tap #) M# 121094006 Other Number of Taps q p Type: Requested: existing Tap T e: Urban Standard Fire Flow Requirements: Contact information of person requesting tap(s): Clarke and Kris Stoesz 970-P90-6587 Name (please print) 18519CR5 Mailing Address Berthoud, Colorado 80513 Phone Fax cestoesz@aol.com City, State, Zip E -Mail ♦ 0 0 0♦♦ 0 0 0 0 0 0 4♦ O♦ O♦♦ 4 0 0 0 0 0 0 0 0 4 0 0 0 4 0 0♦ O O O C O 0 4 0 0 0♦ 0 0 0♦ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00* 0 0 0 0 0 0 0 P 0 4 GO, • • • • • • 0 0 0 0 4 0 0 0 Mark below how you want the Commitment Letter returned to you: Call me — I will pick up at LTWD office: By Fax: By E -Mail: Fee Received: For Office Use Only: �Q3-) Amount: Check #: (� c ti Little Thompson Water District XBP Confirmation Number: 122569532 Little Thompson Water District 835 E State Highway 56 Berthoud, CO 80513 (970) 532-2096 info@Itwd.org 1 Transaction detail for payment to Little Thompson Water District. Date: 06/15/2022 - 2:21:11 PM MT Transaction MastercardXXXX-XXXX-XXXX-8649 rca rd Status: XXXX-XXXX-XXXX-8649 Number: Successful 175104038PT Account # Item Receipt Number Void Receipt Number Quantity Item Amount Commitment Letter Fees 1 $150.00 Notes: Commitment request for Tap 7881.02 - Accessory Billing Information Kurt Paluszcyk 6754 Blue Dog Ln Loveland, CO 80537 1 CoL%- A vv\c„\\ cxy- TOTAL: $150.00 Transaction taken by: Admin sholderfield Property information Parcel 106132000076 PT NE4 S32 T4N R68W LOT B 18519CR5 3.86 AC Ag zone The property sits on top of a hill with gradual slope to the north and a small valley running N/S with the county rd 5 to the east. We are not in a flood plane. The two tiny homes are situated with an unobstructed view to the WNW and spaced end to end for privacy. Each is connected with potable water, propane, sewer and electrical service structured like an RV hook-up Description and details Property boundary - red line County Road 5- vertical on right side of page Structure Building list: 1- House 36x72 2- Garage 24x36 3- Large Barn 48x72 4- Small Barn 16x24 5- Chicken coop 12x14 6- Garden shed 8x10 Tiny Homes on Wheels - Trailers 7- Tiny house I 8x30 8- Tiny house II 8x30 Guest Parking area for 5-6 vehicles Common driveway in orange, house driveway in blue House septic & tank indicated by red box and oval Tiny septic & tank indicated by orange box and oval Little Thompson water meter and lines - blue dot meter at Rd 5 and lines run with driveways Ide Starbird Ditch lateral to the west of property (purple) - (no irrigation on the property) Home dwelling Home garage Vehicle storage Llama & hay storage Chickens Garden tools Vacation rental Vacation rental From: Clarke Stoesz <cestoesz@aol.com> Sent: Thursday, February 2, 2023 11:50 AM To: akauffman@LTWD.org; beaton@ltwd.org Cc: Kim Ogle <kogle@weldgov.com>; kstoesz@aol.com Subject: LTWD Tap 370 Commitment for USR22-0034 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Amber, Amber, thank you for your time yesterday morning discussing Tap 370 commitment letter for 2 RV's related to Weld County USR22-0034. We sincerely do appreciate your effort to explain the parameters that you have to work within, and we appreciate your willingness to work with us. Based on our conversation, and the challenge of needing to match use as defined by Weld County (RV status) we do understand that a variance petition to LTWD board would be hard to get approved. If we can understand what is being offered in greater detail, perhaps we would not make a petition for variance and proceed on the path below. We are seeing how we can make this work based on the pasted communication sent to Kim Ogle, and forwarded to us. (see below) Questions: 1 We want to specifically understand that the option outlined below is called a "cash -in -lieu" option, but does ensure a permanent new increase in allocation. Specifically, does the purchase of .36 ac -ft in fact raise the amount of water that can flow through Tap 370 from its existing limit (228,000 a year)? Also, the triggered overage rates would align with the higher new allocation? 2. What are the terms of when the $46,800 is due? Are any payment plans available? 3. Do we need to submit a new application, since the old application was for an ADU (submitted 6- 20-2022)? We would like confirmation that no new equipment is required from your viewpoint. (no new pit or additional meters) 5. Is this commitment transferable with our property? (of course, could be subject to new owners having to sign upon sale) no sale is planned, but who knows 20 years down the road One final comment for contemplation. We believe that the answers to our finite resources will be found in empowering people to do more with what they already have. We hope you are successful in seeing other LTWD customers improve their usage like the example we have set. Respectfully submitted, Clarke and Kris Stoesz Co -Founders Ukraine Orphan Outreach 18519 CR 5 Berthoud, Co 80513 970-290-6587 www.ukraineorphans.org Mr. Ogle, I believe the County is processing this request similar to RV sites. If this is correct, we would require 0.18 ac -ft per site for water dedication in order to ensure continued water supply is available for the two homes. The property owner could pay cash -in -lieu for that water dedication and would be required to fill out a new domestic water agreement that identifies his new annual allotment. Currently our rate is $130,000 per ac -ft, meaning the associated cost for water dedication would be $46,800. This cost assumes the current meter size remains and bills at the current monthly billing rate. I assume the property owner has requested a commitment letter from the District. Any details in that regard should be forthcoming. Please let me know if you have further questions/concerns. Sincerely, Amber Kauffman From: Clarke Stoesz <cestoesz@aol.com> Sent: Wednesday, February 1, 2023 4:52 PM To: Kim Ogle <kogle@weldgov.com> Cc: kstoesz@aol.com Subject: USR22-0034 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, I have a brief update for you after a 25 -minute phone call with Amber this morning. Unfortunately, Amber was not apprised of the specifics of our application and is formulating her letter and response by next Friday based on the rigid definition of RV as outlined in the USR application. In essence LTWD has a fundamental rule that no additional "service" can be offered without this service falling into a pre -designated category. Presently the two closest categories are RV trailer campgrounds or a single ADU service. There is no negotiating usage of an RV, even though our tiny's are not fully occupied and can be proven to be using a water rate far less than the LTWD proposed 58,000 gallons annually. (12,000 to 24,000 gallons) LTWD presently requires alignment in verbiage with Weld County and therefore is not presently able to offer an ADU fee option. (Hence the letter being drafted is for RVs only) Amber acknowledged the tough predicament, and only offered (with little confidence) that we could petition the Board of Directors of LTWD for a variance of the definition of the ADU fee, in hopes of potentially approving 1 tiny home permission. LTWD would not consider any occupancy or partial year rentals, as policing or management of these details would not be supported. In summary, our observation is that governing agencies have a great difficulty finding an affordable way to embrace (through language change, flexibility, and adoption) our tiny home as an Air BNB,. The negative impact to the tiny home movement, and the reality felt across most of the entire nation is unfortunate. We say this because finding multiple, affordable, and flexible options for minimalistic living and vacationing is a responsibility that must be accepted as a society, and even legislated in Colorado. This hard work falls on those who have the ability to change language to become more open. We are presently planning on making this petition to LTWD, though a complete shutdown of our business, and withdraw of USR22-0034 is a possibility. What does the hearing schedule look like, should LTWD grant us an affordable option at the end of February? Respectfully submitted, Clarke and Kris Stoesz From: Amber Kauffman <akauffman©LTWD.org> Sent: Monday, January 30, 2023 2:31 PM To: Kim Ogle <kogle@weldgov.com> Cc: Jacob Hebert <JHebert@ltwd.org>; Brad Eaton <BEaton@ltwd.org>; Clayton Orback <COrback@ltwd.org>; Holly Suess <hsuess@LTWD.org> Subject: RE: Referral for Weld County Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Ogle, I believe the County is processing this request similar to RV sites. If this is correct, we would require 0.18 ac -ft per site for water dedication in order to ensure continued water supply is available for the two homes. The property owner could pay cash -in -lieu for that water dedication and would be required to fill out a new domestic water agreement that identifies his new annual allotment. Currently our rate is $130,000 per ac -ft, meaning the associated cost for water dedication would be $46,800. This cost assumes the current meter size remains and bills at the current monthly billing rate. I assume the property owner has requested a commitment letter from the District. Any details in that regard should be forthcoming. Please let me know if you have further questions/concerns. Sincerely, Amber Kauffman Amber Kauffman, PE, District Manager aas baffle Thompson on a ter District 835 E. State Highway 56, Berthoud, CO 80513 PH: 970-532-2096 I FX: 970-532-3734 I Direct: 970-344-6318 akauffman@ltwd.org I www.ltwd.org From: Kim Ogle Sent: Thursday, January 26, 2023 4:22 PM To: Clarke Stoesz <cestoesz@aol.com>; Kris Stoesz <kstoesz@aol.com> Subject: RE: 18519 WCR 5, Tap 370 - Service to Accessory Dwellings Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Ogle, Senior staff at the District are in the process of reviewing the subject referral. Therefore, Little Thompson Water District does not currently recommend approval of this referral and still requires the applicant to work through the commitment letter process. Upon completing the District's senior staff review, we will respond to the applicant and County accordingly. Thank you, and please let us know if you have any questions. Clayton Orback Engineering Technician I L U'Ue Thompson ter District 835 E. State Highway 56, Berthoud, CO 80513 Direct: (970) 344-6386 I Mobile: (970) 966-4013 I FX: (970) 532-3734 corback@ltwd.org I www.ltwd.org Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Clarke Stoesz <cestoesz@aol.com> Sent: Thursday, January 26, 2023 4:21 PM To: Kim Ogle <kogle@weldgov.com>; Kris Stoesz <kstoesz@aol.com> Subject: Fwd: 18519 WCR 5, Tap 370 - Service to Accessory Dwellings From: Holly Suess <hsuess@ltwd.org> Date: January 26, 2023 at 2:47:55 PM MST To: cestoesz@aol.com Subject: 18519 WCR 5, Tap 370 - Service to Accessory Dwellings Clarke and Kris, I just wanted to let you know your project inquiry is being reviewed by senior staff. We will respond to you when the senior staff has direction regarding the project. Regards, 3 -to CCy Suess Customer Service Supervisor Water Conservation Specialist Little Thompson Water District 835 E State Highway 56 Berthoud, CO 80513 O: 970-532-2096 D: 970-344-6308 www.ltwd.org Submit by Email Weld County Referral December 2, 2022 The Weld County Department of Planning Services has received the following item for review: Applicant: Clark and Kristine Stoesz Case Number USR22-0034 Please Reply By: December 30, 2022 Planner Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a campground in the A (Agricultural) Zone District. Parcel Number: 106132000076-R0585501 Legal: LOT B REC EXEMPT RE -2682, PART NE4 SECTION 32, T4N, R68W of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 5; approximately 0.5 miles north of County Road 38. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. See comments below. Signature Clayton Orback, Engineering Business Support II Date December 16, 2022 Agency Little Thompson Water District Little Thompson Water District (LTWD) currently serves the subject property via a 5/8 -inch residential tap (tap #370) from a 6 -inch diameter waterline we own and operate along Weld County Road 5. LTWD needs to evaluate the water needs of the proposed "tiny house on wheels" and their effect on the subject property' s water usage. The applicant will need to work through LTWD' s commitment letter process and receive a signed commitment letter from LTWD before we can approve this referral. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Hello