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Home My WebLink About20090602.tiff• • 460tri 1111k. COLORADO Weld County Referral September 4, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Pioneer Communities Inc. & Case Number 2008-XX HP Farms LLC October 4, 2008 Planner Michelle Martin Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Part of Sections 17 and 18, T2N, R64W of the 6' P.M. and Section 2, T2N, R65W of the 6th P.M., Weld County, Colorado. In the vicinity of CR 22 and CR 49. 1305 17 300028, 1305 17 000015, 1305 18 400007, 1305 18 400006, 1307 02 000011, & 1307 02 000001 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. You will be notified in writing of the Planning Commission date once the date is determined. 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. Com�me�nts:.1 ` " C(v\e.tJ ($1, 1(Y�> (�3jX �l k,Q,Q & ii A�(�(1((�(t-ki IT Signature Agency Date et -t9 -D2 •:•Weld County Planning Dept. 404209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext.8730 4 (720) 652-4211 fax 2009-0602 Oct. 3. 2008 10:50AM H YLYN IRRIGATION • No.1999 F. 1 • • • ferrig IIIlk COLORADO Weld County Referral September 4, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Pioneer Communities Inc. & Case Number 2008-XX HP Farms LLC Please Reply By October 4, 2008 Project Weld County 1 Weld Mixed Use Development Area Structural Plan, Map 2.1Structural Land Use Map. Legal Part of Sections 17 and 18, T2N, R64W of the 6" P.M. and Section 2, T2N, R65W of the 6th P.M., Weld County, Colorado. Planner Michelle Martin Location in the vicinity of CR 22 and CR 49. Parcel Number 1 305 17 300028, 1305 17 000015, 130518 400007, 1305 18 400006, 1307 02 000011, & 130102 000001 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because O We have reviewed the request and find no conflicts with our interests. .,9" —See attached letter. Comments: Signature Agency Date lQ - -O% *Weld County Planning Dept. +4209 CR 24.5, Longmont, CO.80504 0(720) 8524210 ex1.8730 +(720) 6524211 fax Oct. 3. 2008 10:50AM F' YLYN IRR:GAT:ON • No. 1999 ?, 2 • • • THE HENRYLYN IRRIGATION DISTRICT P.O. Box 85 Hudson, Colorado 80642 (303) 5364702 Fax (303) 536-9477 October 3, 2008 RE: Case Number — 2008 XX - Weld County Comprehensive Plan Amendment to Modify the Southeast Weld Mixed Use Development Area Structural Plan. To Whom It May Concern: The applicant's have requested to change the designation of certain property in parts of Section 17 and 18, T2N, R64W that are now agricultural to residential. Having been bonded into the Henrylyn Irrigation system under the Colorado Statutes of 1905, the land in question must remain in agriculture to maintain its ability to receive water through the Henrylyn system. Before the approval of these amended requests, it is the recommendation of the Henrylyn Irrigation District that the applicants file with the District office a proper petition to exclude all property from the District that is the subject of this application. Any additional information that is added to the application for review should be forwarded to the Henrylyn Irrigation District's office at the address above. Manager/Secretary MOLLY SOMMERvll I F HANAN. P Molly S. Buchanan • msb@msbuchananlaw.com • • December 15, 2008 Via e-mail and Federal Express Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 1580 Lincoln Street, Suite 700 Denver CO 80203 Telephone: 303,825.0416 Fax: 303.825.3202 Re: Pioneer Communities/ HP Farms/ Prospect Farms Township 2 North, Range 64 West Sections 5,17 and 18 Weld County, Colorado Dear Brad: I understand that there are two hearings scheduled before the Weld County Planning Commission on December 16, one to consider the application of Prospect Farms II Holdings LLC for an amendment to the comprehensive plan to include the W/2 of Section 5, Township 2 North, Range 64 West and the other to consider the application of Pioneer Communities Inc. and HP Farms LLC for an amendment to the comprehensive plan to change zoning designations in Section 2, Township 2 North, Range 65 West from residential to agricultural and to change zoning designations in portions of Sections 17 and 18, Township 2 North, Range 64 West from agricultural to residential (altogether the "Property"). As you know, Anadarko E&P Company LP ("Anadarko E&P"), Anadarko Land Corp. ("Anadarko Land") and Kerr-McGee Oil & Gas Onshore LP, a subsidiary of Anadarko Petroleum Corporation (collectively the "Anadarko entities"), filed an objection letter with the County dated October 23, 2006, concerning previous applications for development that included portions of the Property. The Anadarko entities together own all of the minerals that underlie the portions of the Property in Sections 5 and 17, and Kerr-McGee owns oil and gas leasehold interests in portions of the Property in Section 18. Enclosed please find a copy of the objection letter dated October 23, 2006 entitled "Notice of Mineral Interests owned by Anadarko Land Corp., Anadarko E&P Company LP and Kerr McGee Oil & Gas Onshore LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners for Weld County to be made a part of the record in the proceedings and applied to the applications. The Anadarko entities continue to object to the applications in that agreements are not yet in place among the Anadarko entities, their oil and gas lessees and the Applicants; however, the parties are working diligently to reach agreements. • • • Brad Mueller December 15, 2008 Page 2 Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. §31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. Notices of all land use hearings for the Property should be sent to the Anadarko entities as follows: Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager -Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights -of -Way Kerr McGee Oil & Gas Onshore LP 1099 18th Street, Suite 1800 Denver, Colorado 80202 Attention: Terry Enright Thank you for your consideration in this matter. If you have any questions, please call me. MSB Enclosure cc: Marla Jones, Esq. Keith Crouch, Esq. Terry Enright Don Ballard Jack Reutzel, Esq. / for Applicants Best regards, Molly Sommerville Buchanan, P.C. Molly Sommerville Buchanan • • WOODROW & SOBEL, P.C. • ATTORNEYS AT LAW • • Molly SommervilkBKhaaan, Esq. mbuchanan®woodrow-sobel.com October 23, 2006 Via Telefax and Federal Express Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Pioneer Communities Township 2 North, Ranee 64 West Sections 4, 5, 7, 8, 9,17 and 18 Township 2 North, Ranee 65 West Sections 2, 11, 12, 13, 14 and 15 Weld County, Colorado Dear Mr. Mueller: Denver Place - South Tower 999 Eighteenth Street, Suite 2550 Denver, Colorado 80202 Telephone: 303-296-1400 Facsimile: 303-296-1924 E-mail: law@woodrow-sobel.com I understand that Weld County has received an application for proposed planned unit development zoning for property in Weld County that includes the above -referenced property ("Property"), among other property, to be known as Pioneer Communities. This law firm represents Anadarko E&P Company LP ("Anadarko E&P"), Anadarko Land Corp. ("Anadarko Land") and Kerr-McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko Petroleum Corporation (collectively the "Anadarko entities"), with respect to the application for development. The Anadarko entities together own all of the minerals that underlie portions of the Property, and Ken - McGee owns oil and gas leasehold interests in portions of the Property. Please find enclosed a letter dated October 23, 2006 entitled "Notice of Mineral Interests owned by Anadarko Land Corp., Anadarko E&P Company LP and Kerr McGee Oil & Gas Onshore LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners for Weld County to be made a part of the record in the proceedings. Brad Mueller October 23, 2006 Page 2 The Anadarko entities anticipate that they will receive notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. §31-23-215, C.R.S. § 24-6402 (7) and C.R.S. § 24-65.5-101, et. seq. Please have notices of all land use hearings for the Property sent to the Anadarko entities as follows: Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager —Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights -of -Way • Ken McGee Oil & Gas Onshore LP 1999 Broadway, Suite 3700 Denver, Colorado 80202 Attention: Terry Enright Thank you for your consideration in this matter. If you have any questions, please call me. MSB/sa Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. Tom Marranzino Dan Casper Terry Enright Don Ballard Shari Ulery, Esq. / for Applicant Best regards, WOODROW & SOBEL, P.C. Molly Sommerville Buchanan • • WOODROW & SOBEL, P.C. • ATTORNEYS AT LAW • Molly SororoervilleBuchaaan, Esq mbucbanan@woodrow-sobelcon Via Telefax and Federal Express Members of the Board of County Commissioners for Weld County 915 10th Street Greeley, CO 80631 Denver Place - South Tower 999 Eighteenth Street, Suite 2550 Denver, Colorado 80202 Telephone: 303-296-1400 Facsimile: 303-296-1924 E-mail: law @woodrow-sobel.com October 23, 2006 Members of the Planning Commission for Weld County 918 10th Street Greeley, CO 80631 NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP. ANADARKO E&P COMPANY LP and KERR-McGEE OIL& GAS ONSHORE L,P and OBJECTION Re: Pioneer Communities Township 2 North, Range 64 West Sections 4, 5, 7, 8, 9, 17 and 18 Township 2 North, Range 65 West Sections 2, 11, 12, 13, 14 and 15 Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, and Kerr- McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko Petroleum Corporation (collectively the "Anadarko entities"), with respect to the application that has been filed with Weld County ("County") for the approval of planned unit development zoning for property that covers the above -referenced fourteen sections of land in Weld County, among other property. Anadarko Land and Anadarko E&P own mineral interests that underlie Sections 5, 7, 9 and 17, Township 2 North, Range 64 West and Sections 11, 13 and 15, Township 2 North, Range 65 West (collectively the "Anadarko Mineral Property"). Kerr-McGee owns oil and gas leasehold interests in Sections 4, 7, 8, 9, 17 and 18, Township 2 North, Range 64 West and Sections 2, 11, 12, 14 and 15, Township 2 North, Range 65 West • • Members of the Board of County Commissioners and Members for the Planning Commission for Weld County October 23, 2006 Page 2 (collectively the Kerr-McGee Leasehold Property") and operates several oil and gas wells on the Kerr-McGee Leasehold Property. The Anadarko entities wish to give notice to the County of the mineral interests they own under the property and make the County aware that the approval of a final application for development for"the property will significantly impact the prospective development of the minerals or make their development impossible. The Anadarko entities object to the approval of a final application for development unless and until agreements are reached among the Anadarko entities and the applicant. The following are comments in support of this Notice and Objection: 1. The Mineral Resources Owned by Anadarko Land Corp. Anadarko Land owns all of the minerals other than the oil and gas that underlies the Anadarko Mineral Property. A geologist for Anadarko Land has reviewed the Anadarko Mineral Property for coal resource potential and determined that the property contains significant reserves of Laramie Formation coals as follows: a. Section 5, Township 2 North, Range 64 West contains Laramie Formation coals that are 5.9 feet thick at depths of 140 to 200 feet with approximately 6.5 million tons of coal in the Section. b. Section 7, Township 2 North, Range 64 West contains Laramie Formation coals that are 12.6 feet thick at depths of 210 to 310 feet with approximately 13.6 million tons of coal in the Section. c. Section 9, Township 2 North, Range 64 West contains Laramie Formation coals that are 5.8 feet thick at depths of 174 to 305 feet with approximately 6.4 million tons of coal in the Section. d. Section 17, Township 2 North, Range 64 West contains Laramie Formation coals that are 13.4 feet thick at depths of 284 to 403 feet with approximately 14.9 million tons of coal in the Section. e. Section 11, Township 2 North, Range 65 West contains Laramie Formation coals that are 10.8 feet thick at depths of 184 to 244 feet with approximately 12 million tons of coal in the Section. • • • • Members of the Board of County Commissioners and Members for the Planning Commission for Weld County October 23, 2006 Page 3 f. Section 13, Township 2 North, Range 65 West contains Laramie Formation coals that are 17.2 feet thick at depths of 286 to 377 feet with approximately 19.2 million tons of coal in the Section. g. Section 15, Township 2 North, Range 65 West contains Laramie Formation coals that are 10.9 feet thick at depths of 230 to 250 feet with approximately 12.2 million tons of coal in the Section. Please find enclosed the pertinent portions of the Coal Resources and Development Map of Colorado prepared by the Colorado Geological Survey that identifies the coal resources that underlie the Property. 2. The Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Anadarko Mineral Property. Anadarko E&P or a predecessor company has granted oil and gas leases for portions of the property, interests in which have been assigned to Kerr-McGee and Noble Energy Production Inc. Kerr-McGee operates fifteen (15) or more wells on the Kerr-McGee Leasehold Property. Current regulations of the Colorado Oil and Gas Conservation Commission provide for the location of five drilling windows in each quarter section in the geographic area where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." Further, C.R.S. § 24-65.5-101 et. seq. requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on applications for development and requires that the developer certify that • • Members of the Board of County Commissioners and Members for the Planning Commission for Weld County October 23, 2006 Page 4 he has given the required notice as a condition to the approval of the application by the local jurisdiction. 4. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development Mav Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company gave deeds to various individuals and entities for the seven sections of land included in the Anadarko Mineral Property, in which the Railroad reserved all of the minerals for the Property. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 197I in Book 644 at Reception No. I565712. Applicant had record notice at the time it acquired its interests in the Property that the minerals were severed from the surface estate and that it received less than the entire interest in the Property. 5. An Action by the County to Approve the Application May Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment -backed expectations to develop his property.2 6. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Frankfort Oil Company v. Abrams 413 P.24 190 (Colo. 1966). Note also, Gerrity Oil & Gas Corporation v. Magness 946 P.24 913 (Colo. 1977), which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. for example. Lucas v. South Carolina Coastal Council 505 U.S. 1003, 112 S.Ct, 2886, 120 L.Ed. 2d 798 (1992). • • • • Members of the Board of County Commissioners and Members for the Planning Commission for Weld County October 23, 2006 Page 5 Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko entities have extensive mineral interests and oil and gas leasehold interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities and their lessees have been in discussions with the applicant to work out surface use conflicts and are hopeful that agreements will be reached; however, final agreements have not been entered into by the parties to date. The Anadarko entities object to any final land use approval for the Anadarko Mineral Property and the Kerr-McGee Leasehold Property in the absence of agreements among the Anadarko entities, their oil and gas lessees and the applicant. MSB/sa Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. Tom Marranzino Dan Casper Terry Enright Don Ballard Shari Ulery, Esq. / for Applicant Very truly yours, WOODROW & SOBEL, P.C. Molly Sommerville Buchanan • • • ' COLORADO G1; /�nuzz2-7r4vnt GEOLOGICAL SURVEY Map Series 9 EXPLANATION want vim LEST TRAIL esix err. Ku.I aF ovemvo tra tE vim iso Fr. as fr.) teal r ooa Fr (3as MM~X OF -Q ominous trumpi W. ffl (A lsc Fr. 4 firj KOUs (910 ) O u COAL IUtH ISO R. ( TO 3.000 'FT. • mtftUROEK IIIIIIINOUS COAL °iE THAN 3.000 FL (910 N.) OF OiERCORDEli MINRACITE ANO SENIANn{ � AREA or PAST OR PRESENT COKING -COAL PROW • -DENVER' REGION CfIOM4 42.47ES�iIRAtFOI0RI0�q�IN-PLACE RES 42.36 ESTIMATED BI�F TUNS b:000 FT. (1820 R.I. lNOI ONS OF ITnMS. AS OF 7n:6.000 !7. (1820 N.), •1/1/77 MINIS AND PRELIMINARY 1977 PRODUCTION (FOR RIMES THAT PRODUCE warm l s 1977) IBIDERGROINIO NINE (LICENSED AS OF DECEIVER 31. 1977) ABANDONED UNDERGROUND NINE SURFACE NINE (LICENSED AS OF OFFER 31. 1977) A8MOONED SURFACE NINE a a iA • • Weld County School Drstr,ct Re -3O) ! 99 West Broadway ' PO Box 269; Keenesburg. CO 80643 Tel (303) 536-2000 / Fax: 1.303) 536-2010 December 15, 2008 Michelle Martin Department Planning Services Southwest Office 4209 CR 24.5 Longmont, CO 80504 RE: Weld County Referral Pioneer Communities Inc. & HP Farms LLC Case Number: 2008-XX Amendment 1 The purpose of this letter is to inform you that Weld County School District Re -3J has reviewed the request made by Pioneer Communities Inc. and HP Farms LLC for a change to the Weld County Comprehensive Plan Amendment to modify Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Use Map. It is an expectation that Pioneer Communities Inc., HP Farms LLC, and the District will continue to work together to ensure that there are an adequate number of appropriately sized school sites, with the infrastructure to support those schools. In addition, it is an expectation that all parties will continue to work together to set up a Capital Fee Foundation. Further, if Pioneer Communities Inc. and HP Farms LLC would put these stipulations in writing to the District, the District would have no objection to the approval of this request We appreciate the County's assistance on this issue of great importance to the School District. If you have any questions or need additional information, please do not hesitate to give me a call at (303) 536-2000. Sincerely, Susie Townsend Interim Superintendent • • • Xcel EnergysM PUBLIC SERVICE COMPANY October 6, 2008 • • Weld County Planning Department 918 10th Street Greeley, CO 80631 Attn: Michelle Martin Re: Pioneer Communities Inc. & HP Farms LLC Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 Public Service Company of Colorado has reviewed the plans for Pioneer Communities Inc. & HP Farms LLC. As always, thank you for the opportunity to take part in the review process. To ensure that adequate utility easements are available within this development and per state statutes §31-23-214 (3) and 30-28-133(e), Public Service Company requests that the following language or plat note be placed on the preliminary and final plats for the subdivision: Single Family Development: Eight -foot (8) wide dry utility easements are hereby dedicated on private property adjacent to the front and rear lot lines of each lot in the subdivision. In addition, eight -foot (8') wide dry utility easements are hereby dedicated around the perimeter of tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities (Dry Utilities). Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said dry utility easements. Multi Family Development: Eight -foot (8') wide dry utility easements are hereby granted on private property adjacent to all public streets in the subdivision or platted area including lots, tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities (Dry Utilities). Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. Commercial Development: Minimum Ten -foot (10) wide dry utility easements are hereby dedicated on private property adjacent to all public streets, and around the perimeter of each lot in the subdivision or platted area including lots, tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities (Dry Utilities). Utilities shall also be permitted within any access easements and private streets in • S the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. Public Service Company also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. Please note: For clarification of the Company name, Xcel Energy is only the holding company or "brand" for Public Service Company of Colorado. ALL utility facilities and related rights, including fee property, easements, permits, etc., are owned and operated by Public Service Company of Colorado, a Colorado Corporation. In addition, 31-23-214 (3), C.R.S., requires the subdivider, at the time of subdivision platting, to provide major utility facilities such as electric substation sites, transmission line easements and gas regulator stations as deemed necessary by PSCo. While this provision will not be required on every plat, when necessary, PSCo will work with the subdivider to identify appropriate locations. This statute also requires the subdivider to submit a letter of agreement to the municipal/county commission that adequate provision of electrical and/or gas service has been provided to the subdivisions. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 for utility locates prior to construction The developer must contact the Builder's Call Line at 1-800-628-2121 and complete the application process. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details in order to provide gas and electric service to this project. If you have any questions about this referral response, please contact me at (303) 571-7735. Thank You, Kathryn Bauer Contract Right -of -Way Processor • • • • • DEPARTMENT OF NATURAL RESOURCES • DIVISION OF WATER RESOURCES September 18, 2008 Michelle Martin Weld County Planning Department 4209 CR 24.5 Longmont, CO 80504 Wald c Sp0j� P/aann WEST t fe Depart Sep DiN e4f 79 2008 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director RE: Pioneer Communities Inc. & HP Farms LLC — Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Dear Ms. Martin This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. Our office has no comments regarding the proposed Weld County Comprehensive Plan Amendment. Should you have any questions, please contact me at 303-866-3581. Sincerely, na Williams ter Resource Engineer Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www. water. state .co. us • 4*;;; WE�Yc. COLORADO • Weld County Referral September 4, 2008 SEP - 9 2008 The Weld County Department of Planning Services has received the following item for review: - Applicant Pioneer Communities Inc. & Case Number 2008-XX HP Farms LLC Please Reply By October 4, 2008 Planner Michelle Martin Project Weld County Comprehensive Plan Amendment to modify the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map. Legal Part of Sections 17 and 18, T2N, R64W of the 6`h P.M. and Section 2, T2N, R65W of the 6th P.M., Weld County, Colorado. Location In the vicinity of CR 22 and CR 49. Parcel Number 1305 17 300028, 1305 17 000015, 1305 18 400007, 1305 18 400006, 1307 02 000011, & 1307 02 000001 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because O We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date /OA?* +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 t(720) 652-4211 fax MEMORANDUM TO: Michelle Martin, Planning Services DATE: October 9, 2008 FROM: Don Dunker, P.E., Public Works se SUBJECT: Expansion/Modification of Southeast Weld MUD Weld County Public Works Department has reviewed this change to the SE MUD. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining process. Public Work Comments • The proposed Addendum letter and Addendum Traffic Impact Analysis submitted to Public Works for review was completed by LSC Transportation Consultants, Inc., dated July 30, 2007, stamped and signed by Benjamin T. Waldman Colorado P.E. number 35827. The proposed recommendations for this change to the SE MUD are acceptable to Public Works see below: 1) Construct WCR 20 as a two-lane collector roadway from WCR 51 to WCR 49. 2) Construct a full -movement signalized intersection with turn lanes as shown in the Figure 7 at the WCR 49 / WCR 20 intersection. 3) Construct the section of WCR 49 from the 1-76 Interchange to WCR 20.5 as a six lane arterial (previously shown as a four -lane arterial). During the different County processes more detail will be required to be submitted for the additional traffic volume produced by the additional 1,000 units. A more detailed description of the work to be constructed will be required indicating specific commitments and triggers in the same manner as the Statement of Development Commitments already completed for the Pioneer PUD Change of Zone Plat. The proposed Phase I Drainage Report for HP -319 submitted to Public Works for review was completed by Carroll and Lang, dated January 16, 2008, prepared by Clifford D. Netuschil Colorado P.E. number 38138 (not stamped and signed). The proposed recommendations for this change to the SE MUD are conceptual in nature and acceptable to Public Works. During the different County processes more detail will be required to be submitted. A more detailed description of the drainage basins, floodplains, flood hazard development permits, storm lines, pond and other facilities to be constructed will be required indicating specific commitments and triggers. The section IV Conclusions indicates a Master Drainage Report will follow this report for the PUD Change of Zone application to Weld County. File : Michelle Martin, Planning Services M:'PLANNING — DEVELOPMENT REVIEW\MUD-Mixed Use Development \SE-MUD-176-CR49-CR22-CR57\2008-XX-100908-ddd.doc Page 1 of 1 • • 4 COLORADO MEMORANDUM TO: Michelle Martin, W. C. Planning FROM: Lauren Light, W.C. Department of Public Health and Environment SUBJECT: 2008-XX DATE: 10/07/2008 Environmental Health Services has reviewed this proposal to amend the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Plan. The proposed amendment would transfer the land use of two parcels from agricultural to residential and from residential to agricultural. As this amendment is transferring land use, the Weld County Department of Public Health and Environment has no objections to the proposal. • • Hello