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RESOLUTION
WHEREAS , heretofore by Resolution dated February 13 ,
1974 , the Board of County Commissioners , did grant the
Change of Zone from "A" Agricultural District to "E" Estates
District, Planned Unit Development, as requested by Park
Land Estates , c/o Wayne Barton, 11145 Cherokee Street,
Northglenn, Colorado 80233 , area being more particularly
described as follows :
The North Half (Ni) of Section 8 , Township 1 North,
Range 68 West of the Sixth P . M. , Weld County,
Colorado, containing 336 . 25 acres , more or less ,
and subject to all easements , roads , and rights of
way existing or of record
and
WHEREAS, the final plat has been submitted to the
Board of County Commissioners , Weld County, Colorado, and
after hearing much testimony, the final plat is being
considered by the Board, and
WHEREAS, the Board believes it to be desirable that
such final plat be reviewed by the Colorado Land Use Commission;
review shall be made in accordance with the Weld County Sub-
division Regulations, copies attached hereto and made a part
hereof by reference.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners , Weld County, Colorado that a recommendation
for guidance be obtained from the Colorado Land Use Commission,
and that a copy of all pertinent documents be forwarded to
the Colorado Land Use Commission.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 3rd day
of March, A. D, 1976.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: 7:- '
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY:i1[ .c >iai6 � ``<.//, , 'C-- /2
Deputy County Clerk(
(5,P' ROVED -AS-1'O FO\RM: /I
Special Legal Counsel 760027
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FREDERICK L. GINSBERG
ATTORNEY AT LAW
3600 SOUTH YOSEMITE STREET, SUITE 840
DENVER, COLORADO 80237
AREA CODE(303]773-1405
Jacqueline S.Davis
March 4, 1976
Mr. Glenn Billings
Chairman, Weld County Commissioners
Health and Welfare Bldg.
Hospital Road
Greeley, Colorado 80631
Re: Final Plat - Park Land Estates
Gentlemen:
We are advised of the fact that the Weld County Commissioners have sub-
mitted the above captioned final plat to the state Land Use Commission
for its review and comment. This was apparently done at the request of
the Land Use Commission. We are of course quite confused as to the
reasons behind this activity inasmuch as the hearing concerning the
request by Park Land Estates for approval of this plat occured on
February 11 , 1976. Thus, three weeks elapsed, and no action was taken
on the plat by the Weld County Commissioners; and, then when action
was taken, it resulted in a submittal to the Land Use Commission.
We have carefully searched the statutes of the state of Colorado to
determine what jurisdiction, if any, the Land Use Commission would have
in the matter of this nature. We find that the Land Use Commission has
no jurisdiction, and that the matter is solely one which is left for
decision at the County Commissioner level . We object that three weeks
elapsed before any decision whatsoever was made by the Weld County Com-
missioners, and further, the fact that when it came time to making a
decision, the matter was postponed further because of the submission to
the Land Use Commission. We understand the Land Use Commission will not
be meeting until March 26, 1976, at which time it allegedly would have
completed its review and will make comments regarding the plat.
Park Land Estates has to the best of our knowledge done everything
asked of it in connection with the submission of this final plat for
approval by the Weld County Commissioners. At no time was any mention
ever made of the fact that this plat was considered as under the juris-
diction of the Land Use Commission. We are sure you can appreciate our
concern for the delays that have been encountered in obtaining approval
for this final plat.
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Mr. Glenn Billings
March 4, 1976
Page Two.
We do not recognize the jurisdiction of the Land Use Commission in this
matter, and we would ask that the Weld County Commissioners act im-
mediately at its next regular meeting in connection with giving ap-
proval for the plat. We will of course be happy to visit with the
Planning Commission staff or the Board of County Commissioners in con-
nection with this matter if additional information is necessary relative
to the submission.
Very r ly yours
Fre.erick L. Ginsb g
FLG/cn
cc: Mrs. Doris McFeeters
cDea;c:: L. c;NS3EaG
ATTORNEY AT LAW
3600 SOU YOSEM;TE STREET, SUITE 640
SL.WEEI, COLORADO S0237
ASIA COOS [303J 773.1405
Jacqueline S.Davis
ifarch 4, 1976
State Land Use Commission
1550 Lincoln
Denver, Colorado 80203
Re: Park Land Estates - Final Plat - Weld County
Gentlemen:
We are counsel for Park Land Estates, Inc. , the applicant for approval
of the Park Land Estates plat which is presently before the Weld County
Commissioners.
We have been apprised that on March 3, 1976, the Weld County Commissioners
forwarded the final plat and all relevant documentation to you for your
review and comment. In our analysis of the state statutes under which
the Land Use Commission derives its power and jurisdiction, we find
that there is, in fact, no jurisdiction granted to the Land Use Com-
mission under these circumstances. However, in order to eliminate any
confusion in this matter, we wish to advise you that (VTN Colorado,
Inc. , telephone 751-9151 , attention Mr. Neal Godwin) , is the consulting
engineer who did all of the work connected with this respective final
plat submission. Please feel free to contact Mr. Godwin should you need
any information concerning the final plat or any pertinent and relating
documentation which has heretofore been submitted to Weld County. In
no event should this offer to furnish information to the Commission be
deemed as a consent on our part to subject the matter to any form of
jurisdiction by the Commission. We wish only to cooperate for infor-
mational purposes only.
We have requested that the Weld County Commissioners act on this plat
at its next regularly scheduled meeting, a copy of which written request
is enclosed herewith for your review. We wish also to note that this
matter has been pending before the Commissioners since September, 1975,
and we believe that this submission to Weld County has probably been one
of the most comprehensive of its kind ever submitted in connection with
an application for approval of a final plat. Zoning in the matter was
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State Land Use Commission
March 4, 1976
Page Two.
was granted over three years ago, and as such, we believe it only fair
and just that the final plat should receive final approval . We reiterate,
however, that any appearance before you by either this office, a repre-
sentative of Park Land Estates, Inc. or VTN Colorado, Inc. will be in
the nature of a Special Appearance to object to jurisdiction unless
we have your prior consent that you waive jurisdiction. Thus, the ap-
pearance, if any, would only be for the purpose of furnishing information.
A11 matters connected with the application and submission for the final
plat have been treated in accordance with the Weld County rules, reguff
lations and ordinances.
Please also feel free to contact this office should you need any further
information relative to this matter.
VeryPulyyourss,
/7/'
Frederick L. insberg
rLG/cn
cc: Mrs. Doris McFeeters
Mr. Glenn Billings, Chairman, Weld County Commissioners
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