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Home My WebLink About20112262 Esther Gesick From: Tom Parko Sent: Tuesday, July 19, 2011 7:17 AM To: Esther Gesick Cc: Fred Otis; Bruce Barker; Harrison Craig (craig@harrisonresource.com) Subject: FW: Note P-7-18-2011.docx Esther: Below is a change that I am comfortable with in respect to the Resolution. I will forward the second change shortly. Regards, Toni Parko, M.A., CFM Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 iii 2011 WJNTY u 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: Fred Otis Jmailto:FLOtis@nocolegal.coml Sent: Monday, July 18, 2011 5:16 PM To: Tom Parko Cc: Harrison Craig (craigCalharrisonresource.com) Subject: RE: Note P--7-18-2011.docx Tom, Please consider substituting the following language for Paragraph 2W: W. A Sales Trailer,as defined by Section 23-1-90 of the Weld County Code is allowed within the PUD at any time after Change of Zone Plat is recorded, so long as the requirements specified in Section 23-4-190 of the Weld County Code are met. Fred Fred L. Otis Otis, Coan &Peters, LLC 2011-2262 C rru nn ru, CerhoJ '-r 7-a.o l l PLc2 / 1812 56th Avenue Greeley, CO 80634 Phone: 970/330-6700 Fax: 970/330-2969 flotis@nocolegal.com From: Tom Parko Jmailto:toarko©co.weld.co.usl Sent: Monday, July 18, 2011 3:46 PM To: Fred Otis Cc: Harrison Craig (craig@harrisonresource.com) Subject: RE: Note P--7-18-2011.docx I am ok with 2P. I am also ok with 2W as long as a Zoning Permit is applied for as required by Code and as set forth in the definition. I believe it's section 23-4-190 and Chapter 29. Tom Parko, M.A., CFM Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 ir4i 2011 WE1&..C'OUNTY u 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: Fred Otis fmailto:FLOtis@nocolegal.coml Sent: Monday, July 18, 2011 3:40 PM To: Tom Parko Cc: Harrison Craig (craig@harrisonresource.com) Subject: Note P--7-18-2011.docx Tom, Craig,Jim Birdsall, Cathy and I have reviewed Esther Gesick's changes to the Use Table and your changes to the Corrected Resolution. We are down to two issues: 1. Paragraph 2 P. I suggest the changes shown in the attachment to paragraph 2 P. 2. Paragraph 2 W. Craig would like to remove the time limitation in paragraph 2 W and would like to make sure that he can put the job site trailer in place even before the final plat is approved. The definition of Sales Trailer in Weld County Code Section 23-1-90 seems to fit. 2 Please call me. Fred Fred L. Otis Otis, Coan &Peters, LLC 1812 56th Avenue Greeley, CO 80634 Phone: 970/330-6700 Fax: 970/330-2969 flotis@nocoleaal.com The information contained in this e-mail is privileged and confidential information, intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at(970)330-6700 or reply by e-mail and delete or discard the message.Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Otis,Coan & Peters, LLC. 3 Esther Gesick From: Tom Parko Sent: Tuesday, July 19, 2011 7:18 AM To: Esther Gesick Cc: Bruce Barker; Fred Otis; Harrison Craig (craig@harrisonresource.com) Subject: FW: Note P--7-18-2011.docx Attachments: Note P--7-18-2011.docx See attachment. I am ok with this change as well. Tom Parko, M.A., CFM Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 I 'M 2011 W L U N u 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: Fred Otis jmailto:FLOtis@nocolegal.coml Sent: Monday, July 18, 2011 3:40 PM To: Tom Parko Cc: Harrison Craig (craig@harrisonresource.com) Subject: Note P--7-18-2011.docx Tom, Craig,Jim Birdsall, Cathy and I have reviewed Esther Gesick's changes to the Use Table and your changes to the Corrected Resolution. We are down to two issues: 1. Paragraph 2 P. I suggest the changes shown in the attachment to paragraph 2 P. Please call me. Fred Fred L. Otis Otis, Coan &Peters, LLC 1812 56th Avenue Greeley, CO 80634 1 Phone: 970/330-6700 Fax: 970/330-2969 flotis@nocolegal.com The information contained in this e-mail is privileged and confidential information, intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at(970)330-6700 or reply by e-mail and delete or discard the message. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Otis, Coan & Peters, LLC. 2 P. Development within the Niobrara Energy Park PUD is subject to additional land use permitting, as delineated in the allowed commercial and industrial use table as shown on the plat for the Niobrara Energy Park PUD. A Site Plan Review application is required on all items except those noted that may require a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site those that require a 1031 Permit, as shown on the attached Niaobrary Energy Park PUD—Allowed Commercial and Industrial Uses. Esther Gesick From: Tom Parko Sent: Wednesday, July 27, 2011 9:34 AM To: Esther Gesick Cc: Bruce Barker Subject: FW: Harrison Attachments: FLO Final Clean General Notes Revision 7-19-2011.doc Follow Up Flag: Follow up Flag Status: Completed Esther: O.k., so I think this is it. For whatever reason I don't think that "Item Y"on the general notes was included in the Resolution or for that matter the Corrected Resolution. However, I do know that there was considerable discussion about it and when Bruce and I met on this the last time we were ok with the language. I am asking that this be included with the changes. The general notes will be added to the plat. Let me know if you have any questions. Thanks, Tom Parko, M.A., CFM Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 te4I 20 II W E -TN T u 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: Fred Otis Jmailto:FLOtisOnocolecial.comj Sent: Tuesday, July 19, 2011 3:48 PM To: Tom Parko Cc: Cathy Mathis; Harrison Craig (craig©harrisonresource.com); Jim Birdsall (jim©tbgroup.us) Subject: RE: Harrison Here is the attachment. Fred From: Fred Otis Sent: Tuesday, July 19, 2011 1:58 PM To: Tom Parko 1 Cc: Cathy Mathis; Harrison Craig (craig@harrisonresource.com); Jim Birdsall (jim@tbgroup.us) Subject: Harrison Tom, attached is a clean version of the General Note revisions that we spoke about by phone a few minutes ago. In addition to a few typos, Cathy Mathis has re inserted paragraphs S and T and then renumbered the remaining agreed upon items through the letter"Y". Please call me if you have any questions. Fred Fred L. Otis Otis, Coan & Peters, LLC 1812 56th Avenue Greeley, CO 80634 Phone: 970/330-6700 Fax: 970/330-2969 flotis@nocolegal.com The information contained in this e-mail is privileged and confidential information, intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at(970)330-6700 or reply by e-mail and delete or discard the message.Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Otis, Coan & Peters, LLC. 2 General Notes: P. Development within the Niobrara Energy Park PUD is subject to additional land use permitting, as delineated in the allowed commercial and industrial use table as shown on plat for the Niobrara Energy Park PUD. A Site Plan Review application is required on all items except those that require a 1041 Permit,as shown on the attached Niobrara Energy Park PUD—Allowed Commercial and Industrial Uses. Q. No change. R. No change. S. No change. T. No change. U. Each Lot may have multiple primary uses as defined by this Change of Zone Plat. V. Uses 13, 14, 16 and 19 typically require a 1041 process. The Board of County Commissioners finds that separate review of these uses is not necessary under the 1041 regulations pursuant to Section 21-2- 20.D.2 of the Weld County Code. W. The non-urban PUD 80-acre open space requirement was waived per resolution of the Weld County Commissioners approving PZ-1158. The Commissioners find, in view of the location and the 35-acre minimum lot size requirement, that this PUD shall not be required to comply with the 80-acre minimum out lot requirement pursuant to Section 27-2-210 of the Weld County Code. X. On-site landscape requirements for PUD's have been waived per resolution of the Weld County Commissioners approving PZ-1158. The Commissioners find, in view of the location that this PUD shall not be required to submit a landscaping plan pursuant to Section 27-6-30.C of the Weld County Code. Y. A Sales Trailer, as defined by Section 23-1-90 of the Weld County Code is allowed within the PUD, so long as the requirements specified therein are met. OTIS, COAN & PETERS, LLc_ Fred L. Otis Fort Collins Office G.Brent Coan* Attorneys and Counselors at Law 103 West Mountain Avenue, Suite 2B Jennifer Lynn Peters Fort Collins,CO 80524 Michael D.Stewart www.nocolegal.com Telephone: 970-225-6700 Brett Payton^ PLEASE REPLY TO GREELEY OFFICE Facsimile: 970-232-9927 Shannon D. Lyons Daniel W.Jones Fred L.Otis Charles M.Shoop flotis@nocolegal.com Greeley Office Michael C. Payne 1812 56th Avenue Sara K.Stieben Greeley,CO 80634 Jenna Seigel Telephone: 970-330-6700 Facsimile: 970-330-2969 *Also licensed in Arizona ^Also licensed in California June 8, 2011 VIA HAND DELIVERY Clerk to the Board Weld County Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 RE: Application PZ#1158 for P.U.D. /Niobrara Energy Park, LLC Dear Mr. Clerk to the Board: Attached is Certificate #4049 for '/2 share of the capital stock in The Cache la Poudre Reservoir Company in the name of Niobrara Energy Park, LLC ("Share Certificate") to be held for safekeeping by the Weld County Clerk to the Board. This Certificate#4049 is tendered to you to hold in conjunction with the referenced application to provide adequate water for the project in the event that augmentation of the wells on the property is necessary. It is our understanding that the applicant will continue to own and be able to utilize the annual use of the water, even while not in possession of Certificate #4049. It is the applicants understanding that Certificate #4049 will be held by Weld County until the earlier of the following scenarios, as determined by the Board of County Commissioners of Weld County: (a) That augmentation of the wells to be used to supply water in the Niobrara Energy Park is not required, because the State Water Engineer has issued commercial exempt wells for each of the parcels that require water, or (b) That augmentation of wells is not required, because no water is needed for the lots or alternative water has been provided, or , OII - &c Cac Co ell Zvi U i-1 /'c'«fi <,.-r f L 2 1 1 0 -19.1/ ' Clerk to the Board of Weld County Commissioners June 8, 2011 Page 2 (c) That the purposes of holding Certificate #4049 have been satisfied. It is our understanding that upon presentation of an alternate certificate of water that satisfies that augmentation possibility in the same fashion as Certificate #4049, then the alternate certificate of water may be substituted for Certificate #4049. Since FRED L. OTIS Attorney for Applicant cc: Craig Harrison for Niobrara Energy Park, LLC : itz) \I .. . . 1 . Y. ' 63) . 7 '' . 7 :(71) . V ' ft. , ?,? , _ .. ti . ., , ,, „.„,;6.,,,Tri •• . v • , - • ......o. .- •• --___.# :- ,,,,c,;-.\,1,.. . y -6) v-. -0 v ----. - , — / ., -v ;(,0--:::)-) .. • :: a I oUL mWO >, C=4 �f}�Vt9 ti's , , 9.'f&' * i (/) -E. 413) i >---1 VP c a) 4 }-CD (n c x Q e } ti- Z a) c Z N Ctl F 4 O ! 1 jju J 8 O Q i - O Q o c) (1) \ , O ca O _ E O 0 _oCC U a3 x xl W E i o cn U) x It ,I—C I c1 a > p p © O ary; (I)w x CC Q . cc a) 0 Q (LS w C I W °- = ' r; W a O w O I (r C ( w tD 1 E O cis ._ r1 C 3 co, w c..) E O a O O 4., �' C .+ ,-2 Zr) D Q 1� (n c W O CC (n C 0 O O O Q Vii 1 W =ii Cy U O N O C < CC P (S3 U a.. O 4- z J O 4 1 Z a) u) N W E..,ms a s C co ., a) o tP y U.S: Postal Service,. o CERTIFIED MAILTM RECEIPT 1-q (Domestic Mail Only;No Insurance Coverage Provided) r F•r•efiveryinf•rm ti•nvisit•urwe•siteatwww.us•s.c• Er f` Postage $ rt 1 Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here Q Restricted Delivery Required) Fee 0/�,.I 4 Q' (Endorsement Required) ( ,_f(/ r1J Total Postage&Fees p Sent To Fr_ed Otis N Street,Apt.No.;or PO Box No. /$'t'.2. Ate, City,State,ZIPr4 11 riiz CAA I?b(O PS Form 3800 June 2002 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S' ature item 4 if Restricted Delivery is desired. X • 0 Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. Rec Ned by(Printed Name) C. Dat of De ery • Attach this card to the back of the mailpiece, 4. or on the front if space permits. a// D. Is delivery address different from item 1. ❑ es 1. Article Addressed to: If YE14-it j�{wepi,acfrir@ ,h w: O No ac HR ((v'EE t VV EE uD f{7tn, real thxs FEB 2 9 2016 /aria sz tt/kv. . (rte W.8'66311 3. Servic> D u N- ✓) is ( ,,xpress'" ❑Regl� etuFi rn�Reecceipt for Merchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 70014 289 �0�3 579 1106 PS Form 3811,July 2013 Domestic Return Receipt Hello