HomeMy WebLinkAbout20073275.tiff • October 8, 2007
Weld County Planning Department
Mr. Kim Ogle, Planner GREELEY OFFICE
Weld County Planning Department
918 10th Street OCT 0 8 2007
Greeley, CO 80631 ' E C E I V E D
RE: PZ-1126, "Waterfront at Foster Lake" V
Dear Mr. Ogle,
On behalf of the Friends of St. Vrain State Park, I would like to thank you for the opportunity to
comment on the PUD Change of Zone for the proposed "Waterfront at Foster Lake". The
Friends of St. Vrain State Park was established in 2006 with the mission to "preserve and
enhance the ecology of the State Park while supporting and enhancing the Park's use for
recreational, educational, and scientific research purposes". We wish to express our concerns
about the proposed development as they impact St. Vrain Creek and the State Park, and
request some modifications to the plan for a re-submittal and second public review.
• Our concerns about the proposed development may be grouped into five broad categories:
• Land Use Compatibility
• Transportation
• Open Space
• Water Quality
• Landscaping
To assist the planning staff with review of our concerns, we have incorporated excerpts of the
Weld County Comprehensive Plan associated with each of these categories. We appreciate
your consideration of these concerns and look forward to your response. Please add us to the
notification list as this project moves through the planning and permitting process. Thank you
for the opportunity to comment.
'7 • , L!� Ali
Kevin Lyles
President, Friends of St. Vrain State Park
Cc: Bob Finch
Park Manager, St. Vrain State Park
EXHIBIT
2007-3275 5
LAND USE COMPATIBILITY .
Comprehensive Plan Section 22-2-210 PUD Policy 4.1: Flexible design elements of a
Planned Unit Development should consider compatibility with existing and planned uses on
adjacent properties and within the Planned Unit Development. Design elements to be
considered include, but are not limited to, general use, scale, density,_ distance
between buildings, building setbacks, building height, street design, traffic impacts, off-street
parking, open space,privacy, signage, screening and landscaping.
Comprehensive Plan Section 22-5-30 Wildlife Policy 1.2: Conflicts with fish and wildlife
habitats and migration routes shall be considered in land development. Developments adjacent
to rivers and streams, waterfowl areas and important or critical wildlife areas should incorporate
reduced densities adequate setbacks and buffered areas.
This proposed project does not adequately demonstrate compatibility with existing and planned
uses on adjacent properties. The current MUD Structural Land Use Map found on the County's
website (dated January 8, 2007) illustrates decreasing intensity of use from Highway 66 south to
St. Vrain Creek. The MUD Structural Land Use Map shows no commercial development within
the project area; the entire project area is mapped as either Residential or Limiting Site Factors
— Lowest Intensity. This proposed development proposes a higher intensity of development
than adopted through the MUD planning process -- including commercial — and proposes this
density to the edge of the regulatory floodplain. It also proposes Single Family and Multi Family
development within an area zoned as Limiting Site Factors — Lowest Intensity. We believe this
project will be enhanced, and greater compatibility with adjacent land uses achieved, with a •
greater diversity of lot sizes that trend larger near St. Vrain Creek.
Comprehensive Plan Section 22-2-240 1-25 MUD Policy 2.1: New development shall be
encouraged to use innovative siting and design techniques to cultivate an attractive visual
appearance within the 1-25 MUD areas and preserve prime visual features such as the Front
Range and the St. Vrain River.
Comprehensive Plan Section 22-2-240 1-25 MUD Policy 3.7: State park and recreational
areas shall not be adversely impacted by new development.
As proposed, the solid row of houses along the floodplain (Tract H) will be a major visual impact
for visitors at the State Park and on the Front Range Trail. With walkout basements, three-story
walls of glass will dominate the view, day and night, from the Park and the Front Range Trail.
Larger lot sizes, increased setback, use of topography, and sensitive architectural design should
be required to mitigate for the proximity of Tract H lots that back up to the St. Vrain Creek and
State Park. Landscape screening alone does not comply with 1-25 MUD Policy 2.1, and cannot
achieve the necessary mitigation.
PZ-1126 "Waterfront at Foster Lake"
Comments by Friends of St.Vrain State Park 10/8/2007
• TRANSPORTATION
Comprehensive Plan Section 22-2-240 1-25 MUD Policy 2.4: Adequate pedestrian
passageways between and within developments and neighborhoods shall be encouraged.
Comprehensive Plan Section 22-5-50 Open Space Goal 8: Adequate parks and
recreation facilities should be encouraged throughout the County and should be interconnected
whenever suitable.
The proposed development provides adequate pedestrian passageways within the proposed
development. However, the applicant has not adequately addressed connectivity with existing
and proposed neighborhoods, nor the Front Range Trail. The proposed development lacks any
foresight for a pedestrian connection to the Front Range Trail and St. Vrain State Park, as
identified in the Parks, Trails, and Open Space map for the I-25 corridor Study. As suggested
by the City of Longmont (referral letter 8/22/2007), dedication of a pedestrian access easement
for a future trail and bridge to the State Park is in the best interest of the citizens of Weld County
and the future residents of this community. This dedication can preserve the developer's right to
approve construction of the trail and bridge.
OPEN SPACE
• Comprehensive Plan Section 22-2-210 PUD Policy 4.2: A Planned Unit Development
which includes a residential use should provide common open space free of buildings, streets,
driveways or parking areas. The common .open space should be designed and located to be
easily accessible to all the residents of the project and usable for open space and recreation.
Comprehensive Plan Section 22-5-50 Open Space Goal 9: Public open space should be
promoted as a means for protecting from development those areas which have significant
environmental, scenic or cultural value.
The proposed development provides for some large, desirable community parks that preserve
some natural values. However, the 'leftover' space around the perimeter of the development
(especially to the west) serves no community or wildlife values, and is difficult to maintain.
Often times, these areas become 'absorbed' by the adjacent landowners to the detriment of
open space values. More significantly, several acres calculated as open space are actually
setbacks for wellheads (refer to applicant's Oil/Gas and Facilities Map dated 6/14/2007). As
observed in the open space areas of the Western Dairymen Cooperative PUD and Idaho Creek
PUD nearby, these setback areas serve no open space value; access roads to them create
additional environmental impacts. These areas should be minimized to the extent possible and
their acreage not included in the open space calculation.
As observed in other communities, backyards often encroach on open space (ornamental
landscaping, material storage, etc.), reducing the habitat value of 'fringe' perimeter open space.
• We request the applicant adjust the site plan to utilize roads and parks as a buffer or
PZ-1126 "Waterfront at Foster Lake"
Comments by Friends of St.Vrain State Park 10/8/2007
demarcation for open space, and abut residential lots to the property boundary to remove
`fringe' open space.
Comprehensive Plan Section 22-2-210 PUD Policy 6.1: The development should provide
for perpetual maintenance of all commonly shared land and facilities. The County should not
bear the expense or responsibility of maintenance for any commonly shared land or facilities
within the Planned Unit Development.
Homeowners Associations are effective at managing and maintaining developed parks and
playgrounds, but are usually ineffective at managing open space for habitat and wildlife values.
The open space values of the St. Vrain riparian corridor would best be served by the donation of
a conservation easement to Colorado State Parks for proper management of the riparian
corridor.
WATER QUALITY
Comprehensive Plan Section 22-2-230 MUD Policy 3.1: New development should avoid
adverse impacts to surface and groundwater quality and should implement techniques to
conserve such resources.
Comprehensive Plan Section 22-2-230 MUD Policy 3.2: New development shall preserve
identified aquifer recharge areas. Where feasible, drainage ways shall be maintained in their •
natural state to ensure optimal recharge.
Comprehensive Plan Section 22-4-30 Water Policy 4.4: The County encourages an
overall watershed approach to water quality management issues.
Our greatest concern with the proposed development is the increase in runoff and decrease in
water quality reaching St. Vrain Creek. Unfortunately, the Drainage Report was not provided by
Weld County for public review to provide detailed comments on this matter. However, we can
determine from comments submitted by referral agencies that storm water and water quality
issues are inadequately addressed. Weld County Public Works noted (9/5/2007 referral letter)
that Detention Ponds 4 and 5 apparently will release storm water directly into St. Vrain Creek.
Weld County Public Works also states that all storm water detention facilities are required to
detain runoff from a 100-year event, yet it is not clear that the release of that runoff will meet the
5-year maximum runoff calculated for the site prior to development. Also disturbing is the
apparent plan to drain some lots of Tract H directly into St. Vrain Creek, without detention or
water quality treatment. This will result in fertilizers, herbicides, insecticides, and other pollutants
washing directly into St. Vrain Creek. Lastly, use of the existing ponds to serve as the storm
water detention system will not preserve those features in their natural state. Water quality
features will be required to reduce pollutant and nitrogen loading of the ponds and prevent
eutrophication.
S
PZ-1126 "Waterfront at Foster Lake"
Comments by Friends of St.Vrain State Park 10/8/2007
Comprehensive Plan Section 22-4-30 Water Policy 1.2:Application for new development
should include provisions for adequately handling drainage and for controlling surface erosion or
sedimentation within the site itself.
Comprehensive Plan Section 22-4-30 Water Policy 4.1: Storm water collection and
treatment should be considered for all development. The developer will be required to employ
best management practices in the design of all storm water facilities.
We hope that the applicant will incorporate water quality enhancements, such as bioswales, in
addition to traditional storm water measures to minimize impacts on St. Vrain Creek water
quality. The applicant can save significant infrastructure costs, and improve water quality, if
Weld County allows and encourages alternative street cross sections that collect water in
swales and ditches instead of curbing and piping storm water directly into existing ponds and St.
Vrain Creek. This approach will maintain a more rural identity and improve water quality.
LANDSCAPING
Comprehensive Plan Section 22-2-230 MUD Policy 2.2: Landscaping shall be designed to
promote attractive development. Landscaping requirements shall be determined for the
perimeter of the development by reviewing the density of the proposed land use development.
Landscaping shall be designed to protect and preserve the appearance and character of the
• surrounding area.
Comprehensive Plan Section 22-2-230 MUD Policy 3.6: New development shall be
encouraged to select native species for revegetation.
Comprehensive Plan Section 22-5-50 Open Space Policy 5.3: Drainage channels
should be designed to incorporate natural vegetation and be constructed to conform to the
natural landscape; channelization of natural drainageways is strongly discouraged.
The open space designated as the Drainage Channel Cross Section should be preserved in a
natural character and enhanced for wildlife habitat. As suggested by the Colorado Division of
Wildlife (referral letter dated 8/23/2007), all native vegetation and snags in this channel (and
elsewhere on the property) should be preserved and any non-native species should be
eradicated. Proposed plantings along this corridor should be selected from a separate plant list
that consists entirely of native species for provision of wildlife habitat.
Comprehensive Plan Section 22-4-30 Water Policy 1.1: Landscaping using low water
use plants and water conservation techniques are encouraged.
Comprehensive Plan Section 22-5-50 Open Space Policy 5.2: Compatible, drought-
tolerant landscaping should be encouraged in all land use proposals.
Contrary to the applicant's statement, the proposed plant list does not emphasize water
conservation. Maples, lindens, crabapples, and many of the shrubs are not regionally
PZ-1126"Waterfront at Foster Lake"
Comments by Friends of St.Vrain State Park 10/8/2007
appropriate without significant irrigation and should be removed from the plant list. Turf areas
should be minimized in favor of native grasslands for both water conservation and wildlife
habitat. Unfortunately, the proposed `native seed mix' is dominated by aggressive, exotic grass
species with no forbs. A more appropriate seed mix for open space areas can be prepared by a
qualified ecologist, extension agent, or the St. Vrain State Park manager.
Comprehensive Plan Section 22-5-50 Open Space Goal 6: The County shall encourage
the eradication of noxious weeds in an environmentally sound manner, in compliance with state
laws.
This application is silent about weed management, both during construction and post-
construction. The proposed residential and commercial development provides new vectors for
noxious weeds and invasive ornamental plants to spread to St. Vrain Creek and the State Park.
We agree with the Longmont Conservation District (referral after 8/13/2007) that noxious weed
management must be performed for all disturbed areas and designated open space. Hopefully,
Weld County will ensure that the future Homeowners Association continues this management.
When a Homeowners Association is created for this community, its covenants should prohibit
the planting of invasive landscape plants.
•
•
PZ-1126 "Waterfront at Foster Lake"
Comments by Friends of St.Vrain State Park 10/8/2007
• October 8, 2007
Weld County Planning Department
GREELEY OFFICE
Mr. Kim Ogle, Planner
Weld County Planning Department OCT 1 0 2007
918 10th Street
Greeley, CEIVED
COCOO 80631
RE: PZ-1126, "Waterfront at Foster Lake"
Dear Mr. Ogle,
I wish to express my concerns with the proposed re-zoning for"Waterfront at Foster Lake", PZ-
1126. It is my understanding that this matter will be considered by the Planning Commission on
October 16th. I ask that this item be removed from the consent agenda and placed on the
discussion agenda for the Commission to address a few key concerns.
First, the proposed development appears to conflict with the current 1-25 Structural Land Use
Map (Weld County website, dated 1/8/2007). The current map proposes commercial
development at Highway 66, where it is appropriate, and NO commercial development within
• the project area. The entire project area is mapped as either Residential or Limiting Site Factors
— Lowest Intensity. The applicant proposes a higher intensity of development than adopted
through the MUD planning process—including commercial —and proposes this density to the
edge of the regulatory floodplain. The applicant also proposes Single Family and Multi Family
development within an area zoned as Limiting Site Factors — Lowest Intensity. These
inconsistencies with the adopted MUD Map should be corrected prior to approval of a zoning
change.
Second, the applicant proposes a solid row of houses along the St. Vrain Creek floodplain. As
evidenced by Broomfield subdivisions looming over Rock Creek Farm Open Space along
Highway 287, these homes will be a major visual impact for visitors at the State Park and on the
Front Range Trail. I am a frequent visitor to the State Park and find this impact unacceptable.
The applicant should be required to modify Tract H lots to preserve the agricultural setting and
wildlife values of this corridor, both for Park visitors and trail users. A viewshed analysis from
the existing trail along St. Vrain Creek (future Front Range Trail) should be used as a tool to
determine proper setback distance from the creek and the State Park.
Third, I have some concerns about the configuration of open space parcels and their use for oil
and gas development. Open space does not automatically support wildlife, scenic, recreational,
and other values unless planned specifically for those values. The 'leftover' space along the
perimeter of this development and within the oil and gas setbacks support none of the values
• EXHIBIT
6. .6_
• typically associated with open space lands. I can demonstrate such 'waste' areas in my own
neighborhood. To include them in the open space calculation is a bit disingenuous, in my
opinion.
Fourth, the applicant's intent to direct stormwater directly into the existing ponds will not
enhance the habitat of those ponds. To the contrary, this action will fill the ponds will pollutants,
sediment, and a blanket of algae. I know this from local experience -the developer of my
subdivision was permitted to pipe our stormwater directly into our open space ponds, to the
great detriment of water quality and fish habitat. The ponds are now dominated by carp. This is
environmentally and aesthetically unacceptable.
Lastly, as a member of the Idaho Creek Homeowners Association, I have observed firsthand the
limitations of an HOA to manage open space for natural values. My community owns about 35
acres of open space, mostly reclaimed gravel ponds, just upstream of St. Vrain State Park. The
property has experienced illegal dumping, illegal hunting, off-road driving, drug use, and other
activities incompatible with open space preservation. Our open space also suffers from a
plethora of noxious weeds and invasive landscape plants, in part due to these activities. Getting
the Association to understand and manage these problems has been a major challenge;
convincing the owner of the open space adjacent to us to do so has been impossible. I urge you
to require the dedication of a conservation easement for the St. Vrain Creek corridor to a public
agency that can manage this resource wisely. Naturally, Colorado State Parks would make an
effective partner given their proximity to the property.
• Thank you for the opportunity to comment.
C 7 j n
Kevin Lyles
10671 Butte Drive
Longmont, CO 80504
•
lit TETRA TECH
•
October 12, 2007
Mr. Kim Ogle
Planning Manager
Weld County Department of Planning Services
918 Tenth Street
Greeley, CO 80631
RE: Waterfront at Foster Lake Change of Zone Review Comments
Dear Mr. Ogle:
Thank you for your review of the Waterfront at Foster Lake Change of Zone submittal.
This response letter specifically addresses the Conditions of Approval and notes to be
placed on the Change of Zone plat, per our meeting today with yourself and Tom Honn,
Planning Director for Weld County. We will send a more thorough response after our
• final approval by the Board of County Commissioners.
Below is a list of the key issues outlined in your comments and our responses to these
issues, based on our meeting today:
There are currently no issues on pages 1-3 of your comments.
Page 4, "Section 22-2-240.A. (I-25 MUD.Goal 1 ) "Establish a sense of community
identity within the I-25 Mixed Use Development area by planning and managing
residential, commercial, industrial, environmental, aesthetic, and economic components
of the area." The land uses shown on the Change of Zone plat reflect the uses shown on
the Amended I-25 MUD Structural Land Use Map 2.1, dated January 2007. (Appendix
26-Q). Conditions of Approval require an amendment to the Amended I-25 MUD
Structural Land Use Map 2.1, dated January 2007 prior to recording the Change of Zone
Plat."
Per our meeting it was agreed to move this condition to prior to recording the Final
Plat for Filings 2-6. It is also our understanding that Mr. Honn will take this issue to a
future worksession with the Board of County Commissioners to determine if the
County should be the applicant on an amendment application. A possible amendment
to the Land Use map was discussed with the Planning Department at the Sketch Plan
stage and it was determined at that time that an amendment would not be required. It
•
Sono EXHIBIT
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October 12, 2007
• is our position that the subject areas shown as "Limited Site Factors"do not exist in
the conditions described in that category. In fact, we have submitted documentation
with our applications showing that the areas are not within a floodplain area or
sensitive wildlife area.
Page 4, Section 22-2-230.F. (MUD.Goal 6) "The extraction of minerals and oil and gas
resources should conserve the land and minimize the impact to Planned Unit
Developments". ... "Conditions of Approval require a signed Final Surface Use
Agreement prior to submitting the Final Plat application."
We acknowledge the MUD.Goal 6 and have worked diligently with Anadarko, the
lessee for the oil and gas rights, to accommodate existing and future oil and gas
facilities. As you stated, we submitted a recorded Memorandum of Surface Agreement
with our Change of Zone application and have agreed on the locations of future well
sites and production facilities. Directional drill sites have been paid to Anadarko and a
Surface Use Agreement is being finalized. A draft Surface Use Agreement will be
presented with the Final Plat application with an executed agreement provided prior to
the public hearing before the Board of County Commissioners for the Final Plat. A
letter from Anadarko can be provided acknowledging the status of the Surface Use
Agreement.
• Pages 4 and 5, Section 22-2-260.D (I-25.MUD.T.Goal 2) "Promote a pedestrian trail
system to service transportation and recreation purposes within the I-25 Mixed Use
Development area."
The Change of Zone plan currently provides for pedestrian access to the Kiteley Ranch
at Foster Lake development, Mead Crossings, the Adler PUD, recreation areas within
the Waterfront development, including a trail around the lake and to the new High
School Site. We request that the reference to the Newby property be stricken, as it is
not adjacent to the Waterfront development.
Page 5, Section 27-2-20, Access standards
There have been several meetings with the Mead Engineering staff to discuss access.
The access points were designed with their input on distances and adequate road
rights-of-way. This has been incorporated into the design. It is our understanding
from the Town of Mead that an access permit would not be required until the Final
Plat stage, when engineering was complete on all the road designs. We will obtain a
letter from the Town of Mead acknowledging the timing for access permits and provide
this letter,prior to recording the Change of Zone plat.
Page 5, Section 27-2-40, Bulk Requirements
Setbacks: The PUD process allows for flexibility within the standards and we have
•
shown a Table on Sheet 7 of the Change of Zone plat which describes specific
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• setbacks. It is our desire to go forward with the Change of Zone as shown in the
application and maps. We would also like to record the Waterfront at Foster Lake
Development Guide as a supplement to the Change of Zone plat.
As stated on the plat under the Setback Notes:
1. All Setbacks are measured from the outside of the foundation wall
2. The following architectural elements may encroach 2.5 feet into the side setbacks,
measured from the foundation wall:
A. Eaves
B. Bay and Box Windows
C. Room Projections and Cantilevers
D. Foundation Counterforts
E. Brick Ledge
F. Concrete Sidewalks and Stoops
G. Air Condition Units
3. Items allowed in the rear and front setback area include the following:
• A. Front yard sidewalks
B. Back yard patio/decks (not to encroach in 10'back yard utility easements)
C. Back yard air condition units
D. Front setback is measured from back of sidewalk
E. Covered porches may extend into the rear setbacks a minimum of ten feet
(10')from the property line.
Building Heights: As discussed in our meeting, we agree to limit the building height to
35'for the two multi family tracts (8.4 acre tract, adjacent to WCR 7 and north of the
High School site and the 7.3 acre tract north of WCR 28 and west of I-25). The multi-
family parcel(13.6 acre tract north of the High School and west of the Community
Center) will be allowed to have building heights of 45'. These heights are measured as
described in our Change of Zone Plat, sheet 7 and states, "Building height is measured
from grade to average height of the highest gable of a pitched or hipped roof in all
planning districts." We understand that all multi-family tracts will be subject to future
Site Plan Review by Weld County.
Page 6, Section 23-3-160.L.1.f of the Weld County Code requires a three-hundred-fifty
foot setback from any oil and gas production facility with a residential zone district.
As stated previously, we have worked diligently with Anadarko, the lessee for the oil
and gas rights, to accommodate existing and future oil and gas facilities, including
• setbacks. Anadarko has agreed to the setbacks as described in the Change of Zone
application. We submitted a letter from Anadarko with the Sketch Plan and Change of
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• Zone applications, which state that they agree with the 150'setbacks from wellheads,
tank batteries, separators, meter houses and emission control devices for existing and
new facilities on the property and 350 feet from any structures classified as assemblage
occupancies. A finalized Surface Use Agreement will be completed and identifies
specific agreed upon setbacks. A draft Surface Use Agreement will be presented with
the Final Plat application with an executed agreement provided prior to the public
hearing before the Board of County Commissioners for the Final Plat. A letter from
Anadarko can be provided acknowledging the status of the Surface Use Agreement.
Page 7, Last paragraph, last sentence: "The applicant is also required to provide an
agreement with the owner of the property north of the site for the relocation of the
irrigation ditch serving the property prior to submitting the Final Plat application."
As discussed in our meeting, there was confusion regarding a line on our map. The
line is not an irrigation ditch, but is an access road for oil and gas. It was indicated
that this requirement would be stricken.
Page 11-12, 4. A. 1-10 Public Works Items
We will continue to work with Public Works and provide a letter stating how these
items will be addressed. Don Dunker and Scot Lewis, with Public Works have
• acknowledged that they are satisfied to address these issues with the Final Plat and
have provided us documentation verifying this. We will provide this documentation to
the Planning Department
Page 12, 4. B. Mead
As stated previously, we will provide a letter from the Town of Mead,prior to recording
the Change of Zone plat.
Page 13, Items C through I and K, Various referral agencies
We will provide documentation addressing the requirements of the various referral
agencies.
Page 13, Item J Sign plan
As discussed in our meeting, this item will be moved to submittal with Final Plat,
Filing 1.
Page 13, Item L
Right-of-way for the expansion of 1-25 has already been obtained by CDOT, as well as
• easements for drainage and temporary construction. This documentation is shown in
the Title Commitment submitted with the Change of Zone. Additional documentation
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IIIwill be submitted to the Planning Department verifying all legal descriptions and
obtained easements for storm drainage, by CDOT.
Page 14, Item M.
As discussed in our meeting, this item will be moved to submittal with Final Plat,
Filing 1.
Page 14, Item N.
We are currently in the process of completing permits with the Weld County
Department of Public Health and Environment for the Evaluation and Statements of
Existing for the septic systems located on the property.
Page 14, Item O.
As discussed in our meeting, this item will be stricken and will be satisfied with the
additional CDOT documents described above.
Page 14, Item P.
• As discussed in our meeting, this item will be moved to prior to recording the Final
Plat, Filing 1.
Page 14, Item Q.
As stated previously,per our meeting it was agreed to move this condition to prior to
recording the Final Plat for Filings 2-6. It is also our understanding that Mr. Honn
will take this issue to a future worksession with the Board of County Commissioners to
determine if the County should be the applicant on an amendment application. A
possible amendment to the Land Use Map was discussed with the Planning
Department at the Sketch Plan stage and it was determined at that time that an
amendment would not be required. It is our position that the subject areas shown as
"Limited Site Factors"do not exist in the conditions described in that category. In
fact, we have submitted documentation with our applications showing that the areas
are not within a floodplain area or sensitive wildlife area. The Comprehensive Plan
describes these areas as follows:
"Land designated as having limiting site factors are primarily defined by the one-
hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps) which
comprises approximately four and thirty-seven hundredths percent (4.37%) of the County
land mass.
•
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• Additional land containing limiting site factors is located along irrigation canals and
ditches and adjacent to lakes. To the maximum extent practical, development within areas
having limiting site factors shall be located to preserve the natural features of the site,to
avoid areas of environmental sensitivity and to minimize negative impacts and alteration
of natural features."
The Waterfront development has been designed to preserve the areas along the lake,
drainage ways and has located the lots to preserve the natural features of the site and
has avoided any areas of environmental sensitivity.
Page 15, R. 6. Amendments to the plat, Oil and Gas
As discussed in our meeting, we request additional notation on the plat that would
state: "A recorded Surface Use Agreement supersedes the requirements of the Change
of Zone plat in regard to all oil and gas facilities." In addition we would like to show
the 400'x 400'and the 800'x 800'Oil and Gas Drill Envelope locations per state
statute on supplemental pages of the Change of Zone plat. We would request two
additional pages to the plat, to show the project with and without the Surface Use
Agreement, rather than directly on the current sheets, to prevent confusion in the
future.
• A draft Surface Use Agreement will be presented with the Final Plat application with
an executed agreement provided prior to the public hearing before the Board of County
Commissioners for the Final Plat. A letter from Anadarko can be provided
acknowledging the status of the Surface Use Agreement.
Page 15, R. 9. I-25 right-of-way
As discussed in our meeting, this item will be stricken and documentation will be
provided to the Planning Department, as discussed previously.
Page 15, S. 1-12
We agree and will place these notes on the plat as written. The only exception would
be in regard to setbacks and building heights. As discussed in our meeting, we would
like to add language to the notes that say, "and as specifically defined on the Change
of Zone Plat, Sheet 7 PUD requirements and the Waterfront at Foster Lake
Development Guide."
Page 15, S. 13
The Service Plan for the Waterfront at Foster Lake specifically describes that the
District will maintain Public Improvements, described as "street improvements,
• including but not limited to streets, curbs,gutters, bridges, embankments, divider
islands and medians, crosswalks, cross pans and traffic signals and signage." We may
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October 12, 2007
operate and maintain other facilities such as open space,private utilities and other
facilities, however the approved Service Plan does not require it. Either the Metro
District or a Homeowners Association will maintain these facilities. We request that
the language for this note be re-written to specifically reflect the Service Plan approved
by the Board of County Commissioners. See attached Page 6 from the Waterfront at
Foster Lake Service Plan.
Page 16, S. 14
We agree with this note, but would like to add language that states "or may be provided
by another approved agency or municipality."
Page 16, S. 17
We agree and will place the note on the plat as written. We may request early grading
permits from Weld County to accommodate final grade pad sites for oil and gas
facilities or other utilities,prior to Final Plat applications.
Page 16, S. 20
We would like to add language to this note to say "and per the Waterfront at Foster
• Lake PUD Development Guide and Change of Zone, Sheet 7PUD requirements."
Page 16, S. 22
We would like to change the language to this note to state: "Building heights are
measured as described on the Change of Zone Plat, sheet 7. Building height is
measured from grade to average height of the highest gable of a pitched or hipped roof
in all planning districts."
Page 16, S. 23
We would like to delete the last sentence and insert the following setback requirements:
"Setbacks: The PUD process allows for flexibility within the standards and we have
shown a Table on Sheet 7 of the Change of Zone plat which describes specific
setbacks.
Setback Notes:
1. All Setbacks are measured from the outside of the foundation wall
2. The following architectural elements may encroach 2.5 feet in to the side setbacks,
• measured from the foundation wall:
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Page 8
wit TETRA TECH Mr. Kim Ogle
October 12, 2007
• A. Eaves
B. Bay and Box Windows
C. Room Projections and Cantilevers
D. Foundation Counterforts
E. Brick Ledge
F. Concrete Sidewalks and Stoops
G. Air Condition Units
3. Items allowed in the rear and front setback area include the following:
A. Front yard sidewalks
B. Back yard patio/decks (not to encroach in 10'back yard utility easements)
C. Back yard air condition units
D. Front setback is measured from back of sidewalk
E. Covered porches may extend into the rear setbacks a minimum of ten feet
(109 from the property line."
It is our desire to go forward with the Change of Zone as shown in the application and
maps. We would also like to record the Waterfront at Foster Lake Development Guide
as a supplement to the Change of Zone plat.
• Page 16, S. 24-26
We agree and will place these notes on the plat as written.
Page 16, S. 27
We do not agree with this note and would like for it to be stricken. See above regarding
setbacks.
Page 16, S. 28
We do not agree with this note and would like for it to be stricken. See above regarding
setbacks.
Page 16, S. 29 and 30
As discussed in our meeting, we would not be willing to have height restrictions on the
southern residential lots. The lots on the eastern side are setback from the river up to
1000'and the minimum distance is 225'for the lots on the western side. In lieu of
height restrictions we would be willing to add some additional language to the
Development Guide and/or notes on the Change of Zone plat, which places emphasis
on visual mitigation measures rather than height restrictions. We suggest the
• following:
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ID Page 9
TETRA TECH Mr. Kim Ogle
October 12, 2007
• Colors: All occupied structures and accessory structures shall be constructed and
maintained so that predominant exterior wall colors (including the colors of basement
walls on the downhill side of the structure) and roof surfacing materials; (a) repeat the
colors found most commonly in the land and vegetation around the building (earth
tone), and(b) have a light reflective value of no more than forty percent(40%).
Reflective materials and bright colors that contrast dramatically with the colors of the
land and vegetation around them shall not be used as predominant colors on any wall
or roof surface.
Vegetation: The area around each primary structure and accessory structure shall
include at least one (1) tree of a species with a mature height of at least thirty-five (35)
feet for each two thousand five hundred(2,500) square feet of lot or parcel area;
provided, however, that this requirement shall not require any single-family residential
lot to contain more than eight(8) trees.At least fifty percent(50%) of the total number
of trees required on the lot or parcel shall be located within fifty (50)feet of the
primary structure on the side of the primary structure facing the nearest viewing
platform.
In addition, to the maximum degree feasible, during overlot grading, all existing
mature vegetation with a height of more than three (3)feet, other than noxious plants
and weeds, shall be preserved. Any existing trees that meet the height requirement are
• counted towards satisfaction of the tree requirement.
Floodlighting: Floodlights shall not be used to light all or any portion of any primary
or accessory structure facade, and all outdoor light sources mounted on poles,
buildings or trees or other outdoor areas shall use full cutoff light fixtures.A full
cutoff light fixture is one in which no more than two and one-half percent(2.5%) of
the total output is emitted at ninety degrees (90°)from the vertical pole or building wall
on which it is mounted. All such fixtures shall be installed or shielded so that part of
the light bulb or light source is not visible beyond the property boundaries.
*We would like to amend the plat to specifically identify the affected lots with a hatch
line on the Change of Zone plat.
Page 16, S. 31
We propose amending this note to reflect the specific uses shown on Sheet 7 of the
Change of Zone plat, with the deletion of number 4.1.C. Theaters, etc., and 4.1.H.
Hospitals. We would like to leave the remaining uses within 4.1.H.for nursing homes,
retirement centers and mental or physical rehabilitation centers.
Page 16, S. 32
• We propose to modify this note to:
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Page 10
L TETRA TECH Mr. Kim Ogle
October 12, 2007
• "Setbacks: The PUD process allows for flexibility within the standards and we have
shown a Table on Sheet 7 of the Change of Zone plat which describes specific
setbacks."
It is our desire to go forward with the Change of Zone as shown in the application and
maps. We would also like to record the Waterfront at Foster Lake Development Guide
as a supplement to the Change of Zone plat.
Page 16, S. 33
As discussed previously in this letter and in our meeting, we would like to modify or
strike this note to reflect the following regarding building height restrictions:
"The building height is 35'for the two multi family tracts (8.4 acre tract, adjacent to
WCR 7 and north of the High School site and the 7.3 acre tract north of WCR 28 and
west of I-25). The multi family parcel(13.6 acre tract north of the High School and
west of the Community Center will be allowed to have building heights of 45'.All other
single family residential lots are 35'. These heights are measured as described in our
Change of Zone Plat, sheet 7 and states, "Building height is measured from grade to
average height of the highest gable of a pitched or hipped roof in all planning
districts." We understand that all multi family tracts will be subject to future Site Plan
• Review by Weld County."
Also, see notes 29 and 30 above regarding mitigation.
Page 17, S. 34
We agree and will place these notes on the plat as written.
Page 18, S. 35
As discussed in the meeting, we agree to change the language for this note to read:
"The minimum setback from oil and gas production facilities shall be three-hundred-
fifty feet unless there is a Recorded Surface Use Agreement which describes agreed
upon setbacks of 150'from wellheads, tank batteries, separators, meter houses and
emission control devices for existing and new facilities on the property,for residential
and commercial areas and 350 feet from any structures classified as assemblage
occupancies. A recorded Surface Use Agreement supersedes the requirements of the
Change of Zone plat in regard to all oil and gas facilities."
Page 18, S. 36-39
• We agree and will place these notes on the plat as written.
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Page 11
lb TETRA TECH Mr. Kim Ogle
October 12, 2007
•
Page 18, S. 40
As discussed in our meeting, we propose to change the language of this note to state:
"Oil and gas structures shall be fenced to avoid tampering as required by the COGCC
and be the responsibility of the facility owner."
Page 18, S. 41
As discussed in our meeting, we would like to continue fishing on the property, as it
will be a recreational opportunity on the property. We request that "fishing"be
stricken from this note.
Pages 18-19, S. 42-51
We agree and will place these notes on the plat as written, with the exception of notes
number 44 and 49. We would also like to record the Waterfront at Foster Lake
Development Guide as a supplement to the Change of Zone plat. We would like to
amend those notes to say:
• 44. "Except where noted on the Change of Zone plat and Waterfront at Foster Lake
Development Guide, the property owner shall b responsible for complying with the
Performance Standards of Chapter 27,Article II and Article VIII, of the Weld County
Code."
49. "Except where noted on and consistent with the Change of Zone plat and
Waterfront at Foster Lake Development Guide, the PUD Final Plan shall comply with
all regulations and requirements of Chapter 27 of the Weld County Code."
We appreciate the opportunity to work with the Planning Department on these items. If
you have any additional questions or comments, please feel free to contact me. Thank
you for your time and input on this project.
Sincerely,
TETRA T CH
. -- iv, O &
le Cozad
Planning Department dajnager
Pc: Linda Sweetman-King
• Cathy Leslie
C:\Documents and Settings\Donnal.Taylor\Local Settings\Temporary Internet Files\OLKB\October 11 Response to WC final ver.doc
V. DESCRIPTION OF PROPOSED POWERS.IMPROVEMENTS AND SERVICES
A. Powers of the Districts and Service Plan Amendment.
The Districts shall have the power and authority to provide the Public
Improvements and undertake related District Activities within the Service Area, as such power
and authority is described in the Special District Act, and other applicable statutes, the common
law and the State Constitution, subject to the limitations set forth in this Service Plan.
It after this Service Plan is approved,the State Legislature includes additional powers or
grants new or broader powers for Title 32 districts by amendment of the Special District Act,no
such powers shall be available to or exercised by the Districts unless the Districts publish forty-
five day notice and provide written notice to the BOCC pursuant,to Section 32-1-207(3)(b),
C.R.S. If within forty-five (45)days of the publication of such notice, the BOCC expresses to
the Districts a written objection to the proposed exercise of such new or broader power(s), then
the exercise of the same by any District without the prior written consent of the BOCC shall be
considered a material modification of the Service Plan and shall be resolved in accordance with
Section 31-1-207(2),C.R.S. The vote by a Board to obtain or utilize such additional powers
which precedes the notice to the County,must occur at a public meeting of a District for which a
District has sent written notification via U.S. Mail at least fourteen (14) days and not more than
thirty(30) days in advance of such meeting to all electors,residents and land owners within the
District. Such notice shall include the date,time and location of the meeting,as well as a general
description of the matters to be considered.
a 1. Operations and Maintenance Limitation. "Operation and maintenance"
shall refer to all District Activities necessary to maintain the Public Improvements,including but
not limited to replacement of deteriorated materials and structures (as determined by County
inspection). Specifically,the Districts shall be responsible for the operation and maintenance of
all street improvements within the Project, including but not limited to streets, curbs, gutters,
bridges, embankments, divider islands and medians, crosswalks, cross-pans and traffic signals
and signage.
The primary purpose of the Districts is to undertake the District Activities,
including the provision of the Public Improvements. The Districts shall dedicate certain Public
Improvements to the County in a manner consistent with the Approved Development Plan,other
rules and regulations of the County, applicable provisions of the County Code, and other rules
and regulations of other governmental entities having jurisdiction. In addition to the operation
and maintenance of the Public Improvements identified above, each District shall specifically be
authorized to own, operate and maintain any part or all of the Public Improvements within the
District not dedicated to the County or other appropriate jurisdictions, including LPWD and
SVSD,where it can be demonstrated that having the District be responsible for operation and
maintenance is in the best interests of the County and the residents and taxpayers of the District.
2. Longs Peak Water District and St. Vrain Sanitation District. The Districts
hereby acknowledge that LPWD will be the sole provider of water services within the Districts.
The Districts'authorization in this regard shall be limited to the financing and construction of all
internal water improvements needed for the Project, and the financing and construction of water
•
6
* MEMORANDUM
ri
Board of County Commissioners
WI`D DATE: October 16,2007
COLORADO FROM: Kim Ogle,Planning Manager
SUBJECT: Amendments to Administrative Recommendation
Waterfront at Foster Lakes PUD, Case No.PZ-1126
HF Holdings LLC,Applicant, c/o Linda Sweetman-King
The Department of Planning Services met with representatives for the applicant on October 11, 2007 for the purposes of discussing the
Administrative Comments for the proposed Waterfront at Foster Lakes PUD,Case Number PZ-1126. Previous to this meeting staff
comments were provided to the applicant for review and response.
Discussion with the applicant's representative addressed several points of the administrative comments primarily seeking clarification of
the statement. In several instances modification of the sentence structure or timing of the requirement resolved the issue to the
satisfaction of both parties. Given the resolution of issues on a variety of fronts, it is the opinion of the Department of Planning Services
that the letter dated October 12, 2007 adequately addresses the position of both the applicant and the County.
Planning Services in discussion with the applicant on October 16,2007 proposed two amendments to the October 12,2007 letter. The
two amendments for inclusion are additions to the following text sections included in the Administrative Comments:
Section 22-2-230.F(MUD.Goal 6)states, "The extraction of minerals and oil and gas resources should conserve the land and
minimize the impact to Planned Unit Developments." As proposed, the future oil and gas operations are limited to
approximately eleven locations within the open space and development.A recorded Memorandum of Surface Agreement
between Kerr-McGee Oil and Gas Onshore, LP and Waterfront at Foster Lake,LLC dated June 13, 2007 exists for future
drilling operations located in Section 27+34, Township 3 North, Range 68 West of the 6th P.M., Weld County.
The Department of Planning Services is of the understanding that the recorded Memorandum of Surface Agreement between
Kerr-McGee Oil and Gas Onshore, LP and Waterfront at Foster Lake, LLC dated June 13,2007 serves as the basis for the
Final Surface Use Agreement(SUA)that is presently under review. To this end Planning Services requests a letter from Molly
Buchannon,Attorney for Anadarko,or Terry Enright,Engineer/Senior Landman with Kerr-McGee Oil&Gas Onshore LP to
establish the status of activities toward the completion of the Final SUA Agreement. This document is to be presented to
Planning Services prior to the November 14,2007 Board of County Commissioners hearing.
Section 27-2-40, Bulk requirements
Staff concurs with the proposed bulk standards delineated on Page 7 of the submitted plat documents. Planning Services is
proposing no changes to the initial request. To further provide clarification to this bulk standards, Planning Services is
requesting one additional note be placed on both Sheet 7 and also on the Change of Zone Plat as a Note.
In no event will there be an encroachment into the Utility or Drainage Easement as stipulated in Chapter 27, Section 27-9-40
and Chapter 24,Section 24-7-60 Easement Standards[Utilities].
End Memorandum
• EXHIBIT
1 Co. d
CERTIFICATION OF NOTICE
•
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The Undersigned, being first duly sworn, states that to the best of his or her knowledge,
the attached list is a true and accurate list of the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered.
Mineral Notification has been fulfilled in accordance with C.R.S. § 24-65.5-103
AL, 0. /
By
Julie A. Cozad
Land Planning Manager
• ,e�f rrnegoing instrument was SUBSCRIBED AND SWORN to before me this (1 it-ay of
WITNESS my hand and official seal.
I I Note! y dub is o;
(5,"UBO1)Izt9
ry OF COP-
My
commission expires t
• EXHIBIT
elTETRA TECH
September 17, 2007
Waterfront at Foster Lake, LLC
1745 Shea Center Drive, Suite 310
Highlands Ranch, CO 80129
Dear Sirs:
This letter is to inform you that HF Holdings, LLC is filing for a PUD Change of Zone from (A)
Agricultural to PUD with (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium
Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2)
General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development
Overlay District, with Weld County for the property described below. Records indicate you may
have a mineral interest in the property. Enclosed is a map of the property.
The Planning Commission hearing is scheduled for October 16, 2007, at 1:30 p.m. The hearing will
be held at the Southwest Weld County building located at 4209 CR 24 1/2, Longmont, Colorado.
• Legal Description: See attached Legal Description
The property is located adjacent to Weld County Road 28, west of and adjacent to Interstate 25 and
east of and adjacent to Weld County Road 7.
If you have any questions, please call Tetra Tech at(303) 772-5282. We will be representing the
owner throughout the application process.
Sincerely,
TETRA TECH
a- i
Julie
Land Planning Manager
cc: Weld County Planning Services
Enclosure
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Tel 303 772 57 82 Fax 303772.7039 www.tetratech.com
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or on the front spaceif B. Received . P ted Name) C. D.to° Delivery
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1. Article Addressed to: f
D. Is deli = address different from item t? �a Yes
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(Nester from service label) 7007 0220 0003 9117 7354
PS Form 3811,February 2004
Domestic Rehm Receipt
102595-02-M-1540
•
TETRA TECH
•
September 17, 2007
Kerr-McGee Oil & Gas Onshore LP
1999 Broadway, Suite 3600
Denver, CO 80202
Dear Sirs:
This letter is to inform you that HF Holdings, LLC is filing for a PUD Change of Zone from (A)
Agricultural to PUD with(R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium
Density Residential; (R-4) High Density Residential; (C-1)Neighborhood Commercial and (C-2)
General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development
Overlay District, with Weld County for the property described below. Records indicate you may
have a mineral interest in the property. Enclosed is a map of the property.
The Planning Commission hearing is scheduled for October 16, 2007, at 1:30 p.m. The hearing will
be held at the Southwest Weld County building located at 4209 CR 24 1/2, Longmont, Colorado.
• Legal Description: See attached Legal Description
The property is located adjacent to Weld County Road 28, west of and adjacent to Interstate 25 and
east of and adjacent to Weld County Road 7.
If you have any questions, please call Tetra Tech at (303) 772-5282. We will be representing the
owner throughout the application process.
Sincerely,
TETRA
TECH
/rl ,
ulie A. Cozad
Land Planning Mad4c,
cc: Weld County Planning Services
Enclosure
R:\5161 002 anderson\Documents\5161 002 03\Correspondence\Mineral Owner Letters\mineral letterkemncgee.doc
•
1900 S.Sunset Street,Suite I F Longmont,CO 80501
Tel 3037775282 Fax 303772.7039 www.tetratechcom
U.S. Postal Service,. •
CERTIFIED MAIL,. RECEIPT
nmi (Domestic Mail Only;No Insurance Coverage Provided)
frl Fr•elivery lnf•rmati•n visit •ur wa•site atwww.us•s.c•m�.
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II Print your name and address on the reverse ��s� \ Agent
so that we can return the card to you. -- '��� ❑Addressee
• Attach this card to the back of the mailpiece, B. Receiv-•by(Printed Name) C. Date of_Irtvery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item I? O Yes
If YES,enter delivery address below: O No
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PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
•
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TERRAVISIONS
TETRA �
•
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SOUTH HALF OF SECTION 27 AND THE NORTH HALF OF SECTION 34,TOWNSHIP 3 NORTH,
RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 3,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF WELD.STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27,FROM WHICH THE SOUTH ONE-QUARTER CORNER OF SAID
SECTION 27 BEARS NORTH 89'07'33'EAST,A DISTANCE OF 2566.17 FEET,SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION,THENCE NORTH 89.35'53"'EAST.A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD NO.7 AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22'25'WEST.A DISTANCE OF 2654.12 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27;THENCE ALONG SAID NORTH LINE NORTH 69'04'53'EAST.A
DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT Of LAND AS DESCRIBED IN BOOK 163 AT
PAGE 485 OF THE WELD COUNTY RECORDS;THENCE ALONG SAID WESTERLY LINE THE FOLLOWING EIGHT COURSES:1)
THENCE SOUTH 06°51'03'WEST,A DISTANCE OF 266.98 FEET:2)THENCE SOUTH 30'36'53"EAST,A DISTANCE OF 445.00 FEET;
3)THENCE SOUTH 42°21'07'WEST,A DISTANCE OF 219.00 FEET;4)THENCE SOUTH 23°06'07 WEST,A DISTANCE OF 660.10
FEET:5)THENCE SOUTH 24°53'53'EAST,A DISTANCE OF 70000 FEET;6)THENCE NORTH 88'5107'EAST.A DISTANCE OF
454.00 FEET;7)THENCE SOUTH 60°53'53'EAST.A DISTANCE OF 385.00 FEET:8)THENCE NORTH 86°21'07'EAST,A DISTANCE
OF 178.52 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE WELD
COUNTY RECORDS;THENCE ALONG SAID SOUTHERLY LINE SOUTH 75°00'00"EAST,A DISTANCE OF 155.32 FEET TO A POINT
ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27;THENCE ALONG SAID EAST LINE SOUTH 00°24'07
WEST,A DISTANCE OF 89.26 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO.
2009954 OF THE WELD COUNTY RECORDS;THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11 COURSES;1)THENCE
SOUTH 85°38'17°EAST,A DISTANCE OF 582.71 FEET;2)THENCE NORTH 65'31'27 EAST.A DISTANCE OF 31560 FEET;3)
THENCE NORTH 52'04'24'EAST,A DISTANCE OF 339.15 FEET:4)THENCE NORTH 50'39'42'EAST,A DISTANCE OF 213.85 FEET:
5)THENCE NORTH 21°19'16"EAST.A DISTANCE OF 25763 FEET;6)THENCE NORTH 00°31'17 WEST.A DISTANCE OF 298.26
FEET:])THENCE NORTH 14°21'24'WEST.A DISTANCE OF 244.37 FEET;B)THENCE NORTH 12'34'51 WEST.A DISTANCE OF
588.61 FEET;9)THENCE NORTH 43°15'27 EAST,A DISTANCE OF 134.45 FEET;10)THENCE NORTH 51°3467 EAST.A DISTANCE
OF 332.64 FEET;11)THENCE NORTH 41°5987 EAST.A DISTANCE OF 419.65 FEET TO A POINT ON THE NORTH UNE OF THE
SOUTHEAST QUARTER OF SAID SECTION 27:THENCE ALONG SAID NORTH LINE NORTH 89'04'53'EAST,A DISTANCE OF 472.67
FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO.3415666,PARCEL NO.605.
AUGUST 8.2006 ACCORDING TO WELD COUNTY RECORDS:THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00°06'27"
WEST,A DISTANCE OF 2577.68 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO.
3415666,PARCEL NO.605A.AUGUST 8,2006 ACCORDING TO THE WELD COUNTY RECORDS:THENCE ALONG THE NORTHERLY
AND WEST ERLY LINE OF SAID PARCEL THE FOLLOWING THREE COURSES:1)THENCE SOUTH 85°59'05'WEST,A DISTANCE OF
456.95 FEET:2)THENCE SOUTH 89'07'10"WEST.A DISTANCE OF 214.69 FEET;3)THENCE SOUTH 00'52'50'EAST,A DISTANCE
•
OF 3060 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.28;THENCE ALONG SAID NORTH
RIGHT OF'WAY LINE NORTH 89'07'10'EAST,A DISTANCE OF 670.00 FEET:THENCE SOUTH 00'06'27'WEST,A DISTANCE OF
22 20 FEET;THENCE SOUTH 60°57'01'EAST.A DISTANCE OF 27.81 FEET TO A POINT ON THE SOUTH RIGHT-0FWAY LINE OF
WELD COUNTY ROAD NO.28;THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89'07'10'WEST,A DISTANCE OF 45560
FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO.3415666.PARCEL NO.603A.
AUGUST 8,2006 ACCORDING TO WELD COUNTY RECORDS;THENCE ALONG SAID WEST LINE SOUTH 00°56'56'EAST,A
DISTANCE OF 25.00 FEET:THENCE SOUTH 85°51'25'EAST,A DISTANCE OF 45680 FEET TO A POINT ON THE WEST LINE OF
THAT PARCEL OF LAND RECORDED AS RECEPTION NO.3415666,PARCEL NO.603,AUGUST 8,2006 ACCORDING TO WELD
COUNTY RECORDS:THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES:1)THENCE SOUTH 10'5701'EAST.A
DISTANCE OF 2590.28 FEET;2)THENCE SOUTH 00°56'51 EAST,A DISTANCE OF 267.75 FEET;3)THENCE SOUTH 13°55'35'EAST.
A DISTANCE OF 289.41 FEET:4)THENCE SOUTH 00°56'51'EAST.A DISTANCE OF 1025.00 FEET:5)THENCE SOUTH 0]'07'44"
EAST,A DISTANCE OF 325.05 FEET TO A POINT ON A LINE 250.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 34:THENCE ALONG SAID LINE SOUTH 00'56'57'EAST.A DISTANCE OF 494.18 FEET TO
A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO.2696322 OF THE WELD
COUNTY RECORDS;THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE FOLLOWING THREE COURSES:1)
THENCE SOUTH B9°03'18"WEST,A DISTANCE OF 66.01 FEET;2)THENCE NORTH 65°0141'WEST,A DISTANCE OF 69.29 FEET:3)
THENCE SOUTH 00°04'10'WEST,A DISTANCE OF 339.78 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND
DESCRIBED AT RECEPTION N0.2265474 OF THE WELD COUNTY RECORDS;THENCE ALONG SAID LINE THE FOLLOWING THREE
COURSES:1)THENCE SOUTH 89'47'50"WEST.A DISTANCE OF 567.78 FEEL 2)THENCE SOUTH 50°06'50'WEST,A DISTANCE OF
440.00 FEET:3)THENCE SOUTH 73°04'17'WEST,A DISTANCE OF 1383.47 FEET TO THE NORTHERLY LINE OF THAT TRACT OF
LAND DESCRIBED IN BOOK 1499 AT PAGE 596 OF THE WELD COUNTY RECORDS:THENCE ALONG SAID NORTHERLY UNE
SOU]H 23'1450'WEST,A DISTANCE OF 55.32 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 3;THENCE ALONG SAID WEST LINE NORTH 00°35'48"EAST,A DISTANCE OF 730.38 FEET TO THE SOUTH
ONE-QUARTER CORNER OF SAID SECTION 34:THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 34 NORTH 89°54'46'WEST.A DISTANCE OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO.1501922 OF THE WELD COUNTY RECORDS;THENCE ALONG THE EASTERLY LINE OF SAID
TRACT THE FOLLOWING TWO COURSES:1)THENCE NORTH 28°18'59°WEST,A DISTANCE OF 737.00 FEET:2)THENCE NORTH
01°04'15'WEST,A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 34;THENCE ALONG SAID SOUTH LINE NORTH 89°07'20'EAST,A DISTANCE
OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 34:THENCE ALONG THE EAST UNE OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00'34'35'WEST.A DISTANCE OF 1333.53 FEET TO THE
NORTHEAST CORNER OF SAID SOUTH HALF:THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST
QUARTER SOUTH 89'26'07'WEST,A DISTANCE OF 2540.06 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO.7:THENCE ALONG SAID EAST RIGHT'OF-WAY LINE NORTH 00'24'50'WEST,A DISTANCE OF 1311.48 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 592.065 ACRES.
•
LIST OF MINERAL OWNERS AND MINERAL LESSEES
• (Waterfront)
Subject Property:
Townships 2 and 3 North. Range 68 West, 6th P.M., Weld County, CO
A tract of land located in S%of Section 27 and the N%of Section 34, Township 3 North, Range 68
West and the NE1A of Section 3, Township 2 North, Range 68 West being more particularly
described as follows;
Commencing at the SW corner of said Section 27, from which the south one-quarter corner of said
Section 27 bears north 89°07'33" east, a distance of 2566.7 feet, said line forming the basis of
bearings for this description, thence north 89°35'53""east, a distance of 30.00 feet to a point on
the east right-of-way line of weld county road no. 7 and the True Point of Beginning;
Thence along said right-of-way line north 00°22'25"west, a distance of 2654.13 feet to a point on
the north line of the SW%of said Section 27; thence along said north line north 89°04'53" east, a
distance of 1354.30 feet to a point on the westerly line of that tract of land as described in Book
163 at Page 485 of the Weld County Records; thence along said westerly line the following eight
courses: 1)thence south 06°51'09"west, a distance of 266.98 feet; 2)thence south 30°38'53"
east, a distance of 445.00 feet; 3)thence south 42°21'07"west, a distance of 219.00 feet; 4)
thence south 23°06'07"west, a distance of 660.00 feet; 5)thence south 24°53'53"east, a distance
of 700.00 feet; 6)thence north 88°51'07" east, a distance of 454.00 feet; 7) thence south 60°53'53"
east, a distance of 385.00 feet; 8)thence north 86°21'07" east, a distance of 178.52 feet to the
southerly line of that tract of land as described in Book 114 at Page 35 of the Weld County
Records; thence along said southerly line south 75°00'00"east, a distance of 155.32 feet to a point
on the east line of the SW%of said Section 27; thence along said east line south 00°24'02"west, a
• distance of 89.26 feet to the southerly line of that tract of land as described at Reception No.
2009954 of the Weld County Records; thence along said southerly line the following 11 courses: 1)
thence south 85°38'17" east, a distance of 582.71 feet; 2)thence north 65°31'22"east, a distance
of 315.60 feet; 3) thence north 52°04'24" east, a distance of 339.15 feet; 4)thence north 50°39'42"
east, a distance of 213.85 feet; 5)thence north 21°19'16" east, a distance of 257.83 feet; 6)thence
north 00°31'12"west, a distance of 298.26 feet; 7) thence north 14°21'24"west, a distance of
244.37 feet; 8)thence north 12°34'51"west, a distance of 588.61 feet; 9)thence north 43°15'27"
east, a distance of 134.45 feet; 10)thence north 51°34'02" east, a distance of 332.64 feet; 11)
thence north 41°59'02"east, a distance of 419.65 feet to a point on the north line of the SE'/ of
said Section 27; thence along said north line north 89°04'53"east, a distance of 472.67 feet to the
NW corner of that parcel of land recorded as Reception No. 3415666, Parcel No. 605, August 8,
2006 according to Weld County Records; thence along the west line of said parcel south 00°06'27"
west, a distance of 2577.68 feet to the NE corner of that parcel of land recorded as Reception No.
3415666, parcel no. 605a, august 8, 2006 according to the Weld County Records; thence along
the northerly and westerly line of said parcel the following three courses: 1)thence south 85°59'05"
west, a distance of 456.95 feet; 2) thence south 89°07'10"west, a distance of 214.69 feet; 3)
thence south 00°52'50"east, a distance of 30.00 feet to a point on the north right-of-way line of
weld county road no. 28; thence along said north right-of-way line north 89°07'10"east, a distance
of 670.00 feet; thence south 00°06'27"west, a distance of 22.20 feet; thence south 00°57'01"east,
Crews d'Zeren,LGC
Mineral Title Services
P.O. Box336337 (970)351-0733
• Greeley, CO 80633-0606 Page 1 of 4 fax(303)484-2110
a distance of 27.81 feet to a point on the south right-of-way line of Weld County Road No. 28;
• thence along said south right-of-way line south 89°07'10"west, a distance of 455.00 feet to a point
on the west line of that parcel of land recorded as Reception No. 3415666, Parcel No. 603a,
August 8, 2006 according to Weld County Records; thence along said west line south 00°56'56"
east, a distance of 25.00 feet; thence south 85°51'25"east, a distance of 456.80 feet to a point on
the west line of that parcel of land recorded as Reception No. 3415666, Parcel No. 603, August 8,
2006 according to Weld County Records; thence along said west line the following five courses: 1)
thence south 00°57'01"east, a distance of 2590.28 feet; 2)thence south 00°56'51" east, a
distance of 267.75 feet; 3)thence south 13°55'35"east, a distance of 289.41 feet; 4)thence south
00°56'51"east, a distance of 1025.00 feet; 5)thence south 07°07'44"east, a distance of 325.05
feet to a point on a line 250.00 west of and parallel with the east line of the southeast quarter of
said Section 34; thence along said line south 00°56'51"east, a distance of 494.18 feet to a point
on the northerly line of that tract of land as described at Reception No. 2696322 of the Weld
County Records; thence along the north and west line of said tract the following three courses: 1)
thence south 89°03'18"west, a distance of 66.01 feet; 2)thence north 65°01'41"west, a distance
of 69.29 feet; 3) thence south 00°04'10"west, a distance of 339.78 feet to a point on the northerly
line of that tract of land described at Reception No. 2265474 of the Weld County Records; thence
along said line the following three courses: 1)thence south 89°47'50"west, a distance of 567.78
feet; 2)thence south 50°06'50"west, a distance of 440.00 feet; 3)thence south 73°04'17"west, a
distance of 1383.42 feet to the northerly line of that tract of land described in Book 1499 at Page
596 of the Weld County Records; thence along said northerly line south 23°14'50"west, a distance
of 55.32 feet to a point on the west line of the northeast quarter of said Section 3; thence along
said west line north 00°35'48"east, a distance of 730.38 feet to the south one-quarter corner of
said Section 34; thence along the south line of the southwest quarter of said Section 34 north
89°54'46"west, a distance of 520.82 feet to the southeast corner of that tract of land as described
at Reception No. 1501922 of the Weld County Records; thence along the easterly line of said tract
• the following two courses: 1)thence north 28°18'59"west, a distance of 737.00 feet; 2)thence
north 01°04'15"west, a distance of 2033.10 feet to the NE corner of said tract and a point on the
south line of the NWY of said Section 34; thence along said south line north 89°07'20"east, a
distance of 817.26 feet to the center one-quarter corner of said Section 34; thence along the east
line of the S%NW%of said Section 34 north 00°34'36"west, a distance of 1333.53 feet to the NE
corner of said S%, thence along the north line of said S%NW'/4 south 89°26'07"west, a distance of
2540.06 feet to a point on the east right-of-way line of Weld County Road No. 7; thence along said
east right-of-way line north 00°24'50"west, a distance of 1311.48 feet to the True Point of
Beginning. Excepting there from the following described parcel of land.
Commencing at the north one-quarter corner of said Section 34, whence the NW corner of said
Section 34 bears south 89°07'33"west, a distance of 2566.17 feet, said line forming the basis of
bearings for this description; thence along the west line of the NE%of said Section 34, south
00°35'07"east, a distance of 30.00 feet to the True Point of Beginning; thence along a line 30.00
feet south of and parallel with the north line the NW%of said Section 34 north 89°07'33" east, a
distance of 0.15 feet; the along a line 30.00 south of and parallel with the north line of the
northeast quarter of said Section 34 north 89°07'10"east, a distance of 765.29 feet; thence south
02°06'45"west, a distance of 310.68 feet; thence north 87°52'58"west, a distance of 751.65 feet
to a point on the west line of the NE%of said Section 34; thence along said west line north
00°35'07"west, a distance of 270.95 feet to the True Point of Beginning.
Crews eh'Zeren,£LC
Mineral Title Services
P.O. Box336337 (970)351-0733
• Greeley, CO 80633-0606 Page 2 of 4 fax(303)484-2110
• Crews & Zeren, LLC, a mineral title company, states that to the best of its
knowledge the following is a true and accurate list of the names and addresses of the
mineral owners and mineral leasehold owners having an interest in the Subject Property,
based upon the real property records of Weld County, Colorado, as verified through June
30, 2007. A photocopy or facsimile of this list shall, for all purposes, be as valid as the
original hereof.
Dated this 3r° day of July, 2007.
Crews & Zeren, LLC
By: William G. Crews, CPL
Certified Professional Landman #3477
Mineral Owners: Mineral Leasehold Owners:
• Waterfront at Foster Lake, LLC Kerr-McGee Oil & Gas Onshore LP
1745 Shea Center Drive, Ste. 310 1999 Broadway, Suite 3600
Highlands Ranch, CO 80129 Denver, CO 80202
Crews eh'Zeren,LGC
Mineral-Titke Seruiros
P.O. Box336337 (970)351-0733
Greeley, CO 80633-0606 Page 3 of 4 fax(303)484-2110
•
• By acceptance and use of this list, the client and its agents agree to all of the following:
William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional
Landmen certified by the American Association of Petroleum Landmen who have been asked by
Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to
§§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification
Act, Colorado Revised Statutes§24-65.5-101 et seq. Such lists will be prepared by Crews or
Zeren, although the Client's contract is with, and all payments are due to, Crews &Zeren, LLC
("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members.
Neither Crews nor Zeren is an attorney licensed to practice law.
Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if
the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services
shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews,
Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy,
completeness or sufficiency of any such listing of mineral estate owners. In the event any such
listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way
whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never
exceed the actual amount paid by Client to C&Z for such listing.
In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to
indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons
(including but not limited to Client) of whatever kind or character arising out of the preparation
and use of each such listing of mineral estate owners, to the extent that such claims exceed the
actual amount paid by Client to C&Z for such listing.
• Client specifically intends that both the foregoing limitation on liability and the foregoing
indemnification shall be binding and effective without regard to the cause of the claim,
inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any
theory of tort or of breach of contract, or the fault or negligence of any party(including Crews,
Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole,
joint, concurrent, simple or gross).
Crews eb'Zeren,LLC
Mineral Title Services
P.O. Box336337 (970)351-0733
Greeley, CO 80633-0606 Page 4 of 4 fax(303)484-2110
•
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