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Home My WebLink About20061809.tiff LAND 'S ARCHITECTS perspective I balance a subsidiary of land architects international June 1, 2006 Highlands Ranch, CO Fort Collins, CO Mountain View, CA Mr. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: PZ-1082 Kiteley Ranch PUD Change of Zone, Resolution to Conditions of Approval for scheduling BOCC hearing Dear Kim: This letter is intended to explain how the applicant has addressed conditions of approval stated in the Resolution of the Weld County Planning Commission that we received from Staff on 4/27/2006. The Change of Zone from A (Agricultural) to PUD is conditional upon the following: 5. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall address the following to the satisfaction of the Weld County Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services: 1) The applicant shall provide a schedule of recommended roadway improvements and proposed agreements that will mitigate the traffic impacts of the proposed development. Response: The applicant has provided an addendum to the traffic report to address the phasing of necessary roadway improvements and has also provided a copy of the access permit application and a letter summarizing agreements for the improvements to CR 7 and the intersection of CR 7 & SH 66. A copy of the traffic report addendum is included with this letter as Exhibit A and a copy of the access permit application and agreement summarization letter is included with this letter as Exhibit B to address the phasing and construction obligations of off site improvements. 2) The applicant shall revise the zoning plat to delineate and dimension the State Highway 66 reservation on the Kiteley property and delineate and dimension the proposed Highland Ditch / Recreational Trail easement outside and south of the State Highway 66 right-of-way reservation. Response: The applicant has provided an updated Change of Zone Plat, submitted with this letter dated 6/1/2006, to show the dimensioning of the Highland Ditch and SH 66 easements. ti EXHIBIT .� 2006-1809 x'/082. 9137 South Ridgeline Boulevard,Suite 130 • Highlands Ranch,Colorado 80129 1303.734.1777 • Fax 303734.1778 Land Planning I Resort & Golf Course Design Landscape Architecture www.landarchitects.net 1825 Sharp Point Drive,Suite 126 • Fort Collins,Colorado 80525 1970.484.4100 • Fax 970.484.4111 F 3) The applicant shall obtain written verification from the Highland Ditch that no additional easement is required in light of the future widening of State Highway 66. Response: The applicant has provided a letter of agreement with the Highland Ditch Company that states they are in acceptance of the easements as defined on the Change of Zone Plat. A copy of the agreement is included with this letter as Exhibit C. 4) The applicant shall provide a letter from the Town of Mead indicating their concerns regarding County Road 7 have been met. If that letter cannot be supplied the applicant should outline, in detail, all efforts that have been made to acquire Mead's approval. Response : The applicant has obtained a letter of support from the Town of Mead engineer, JR Engineering, that has been drafted at the direction of the Town Manager, Michael Friesen, regarding CR 7 and CR7/SH66 intersection concerns. A copy of the letter is included with this letter as Exhibit D. 5) The applicant shall provide a schematic layout of future intersection improvements at State Highway 66 and County Road 7, taking into consideration alignment with County Road 7 to the north, and showing and dimensioning any required additional right-of-way on the change of zone plat. Response: The applicant has provided revisions to the schematic layout of future intersection improvements as directed by Weld Public Works. The applicant has provided an updated Schematic Intersection Plan, submitted with this letter dated 6/1/2006. 6) All rights-of-way shall be dimensioned on the Change of Zone plat. Response: The applicant has provided an updated Change of Zone Plat, submitted with this letter dated 6/1/2006, to show the dimensioning of all right-of-ways. 7) The applicant shall provide an agreement between the Highland Ditch and the applicant addressing joint use and adequacy of the proposed easements. Response: The applicant has provided a letter of agreement with the Highland Ditch Company that states they are in acceptance of the easements and joint-use maintenance road/recreational trail as defined on the Change of Zone Plat.A copy of the agreement is included with this letter as Exhibit C. 8) The applicant shall address off-site drainage, erosion in the Highland Ditch and revise the drainage report to meet all Weld County drainage criteria. (Department of Public Works) Response: The applicant has provided an updated Drainage Report to address issues related to off-site drainage, erosion in the Highland Ditch, and Weld County drainage criteria. A copy of the Drainage Report is included with this letter. The letter of agreement with the Highland Ditch company, Exhibit C, states the ditch company's awareness of the erosion issues. T B. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties mineral owners and lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400'x 400'and the 800'x 800'drilling envelope locations per state statute.(Department of Planning Services) Response: The applicant has provided a signed Surface Use Agreement with Kerr McGee confirming their acceptance of the well operations shown in the Change of Zone Plat. A copy of the Surface Use Agreement is included with this letter as Exhibit E. C. The plats shall be amended so that proposed entry signs are outside of the future road right- of-way and proposed 25' utility easement. Further, signage must meet the appropriate setback of fifteen (15)feet from adjacent properties and the offset of ten (10)feet from the road right-of-way per section 27-6-90.E.4.d of the Weld County Code. If these distances cannot be met, the applicant shall request a variance from Section 27-6- 90.E.4. of the Weld County Code. (Department of Planning Services) Response: The applicant has provided an updated Change of Zone Plat, submitted with this letter dated 6/1/2006, to show the relocated entry signs which have been placed in the entry medians outside of the CR 7 ROW and 25' adjacent easement. The new location places the signs in the local street ROW which may require a variance. The applicant is requesting direction from staff on this issue. 6. Prior to recording the Change of Zone plat: A. The applicant shall address the concerns of the Weld County Sheriffs Office, as stated in a memo dated February 21, 2006 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Sheriffs Office) Response: The concerns of the Sheriffs office include the following items; provision of school bus shelters, locations for mail distribution, neighborhood signage, open space tract maintenance, fencing of oil and gas facilities, and law enforcement funding. The applicant has provided a letter from the St. Vrain Valley School District, included with this letter as Exhibit F, stating they do not want permanent bus shelters as their pick-up locations are subject to change year to year. The applicant has provided a letter signed by a representative from the Longmont Post office, included with this letter as Exhibit G, indicating their acceptance of the proposed mailbox locations and configurations. The applicant is proposing neighborhood identification signage at each entry as requested. The applicant is proposing an HOA for the maintenance of open space areas. The Change of Zone plat indicates the provision of security fencing around oil and gas production facilities. The applicant has indicated to Weld County staff their intent to participate in the Southwest Weld County Law Enforcement Authority r'` • B. The applicant shall submit details of the proposed mailbox areas to the appropriate postal district for review and approval.Any required changes shall be indicated on the plat. Further, the applicant shall verify that each facility meets the intent of the Americans with Disabilities Act(ADA) for access. (Department of Planning Services) Response: The applicant has provided a letter signed by a representative from the Longmont Post office, included with this letter as Exhibit G, indicating their acceptance of the proposed mailbox locations and configurations. All mail distribution locations are surrounded with concrete paving connecting with street sidewalks allowing for ADA accessibility. C. The plat shall be amended as follows: 1) The plat shall show a connection from Silver Sky Circle to Hyland in the Mead Crossing development to the east prior to recording the zone change plat. (Department of Public Works) Response : The applicant has provided an out lot tract for the future provision of vehicular and pedestrian access into the Mead Crossing development at the existing Hyland Drive connection. The applicant has obtained a letter from the Town of Mead engineer, JR Engineering, that has been drafted at the direction of the Town Manager, Michael Friesen, indicating the need to provide an out lot tract for the future provision of vehicular and pedestrian access into the Mead Crossing development. The town of Mead does not wish to grant access to the Mead Crossing development at this time. The town has indicated they wish to monitor the development in the Mead Crossing development to ensure that future uses are compatible with residential development. A copy of the letter is included with this letter as Exhibit D. 2) The plat shall show a pedestrian connection to the Mead Crossing development to the east prior to recording the change of zone plat. (Department of Planning Services) Response: The applicant has provided an updated Change of Zone Plat, submitted with this letter dated 6/1/2006, to show an out lot tract for the future provision of pedestrian access to the Mead Crossing development. 3) The plat shall indicate the location of school bus shelters. Evidence of St. Vrain Valley School District approval shall be submitted to the Department of Planning Services. If necessary, a variance to setbacks must be requested prior to approval of the change of zone. Further, the applicant shall verify that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. (Department of Planning Services) Response: The applicant has provided a letter from the St. Vrain Valley School District, included with this letter as Exhibit F, stating they do not want permanent bus shelters as their pick-up locations are subject to change year to year. 4) The extension of Pioneer Drive(S)south of Silver Sky Circle(S)shall be designated as a future road connection to be developed upon the development of the property to the south. (Department of Planning Services) Response: The applicant has provided an updated Change of Zone Plat, submitted with this letter dated 6/1/2006, to show the note regarding future extension of the access at the time the parcel to the south is developed. D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Response: The applicant has provided two (2) paper copies of the updated Change of Zone Plat, submitted with this letter dated 6/1/2006, as requested. On behalf of the applicant, I would like to thank Weld County staff for consideration of this project. Please do not hesitate to contact me with any questions you may have. Sincerely, Jr. Joshua L. Rowland Director of Planning and Design, Land Architects • LSC TRANSPORTATION CONSULTANTS,INC. 1889 York Street Denver,CO 80206 (303)333-1105 FAX(303)333-1107 E-mail: Isc@lscdenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. April 13, 2006 Mr. Michael Miro Longs Peak Investors, LLC 7120 E. Orchard Road, Suite 450 Englewood, CO 80111 Re: Kiteley Ranch at Foster Lake Weld County, CO (LSC #050380) Dear Mr. Miro: At your request,we evaluated the phasing plan for the proposed Kiteley Ranch at Foster Lake residential development to be located southeast of the intersection of State Highway (SH) 66 and Weld County Road (WCR) 7 in Weld County, CO. The proposed phasing plan and improvements associated with each phase are shown in the enclosed figure and are summarized in Table A. As shown, the development will be constructed in three phases. Phase 1 includes the northwest corner of the site and is the portion closest to the SH 66/WCR 7 intersection. The northern site access point will also be constructed as part of Phase 1. Phase 2 will include the southern half of the site as well as the southern site access point. Finally, the third and final phase will include the remainder of the site which lies in the northeast corner of the site. As recommended in the Kiteley Ranch at Foster Lake Traffic Impact Analysis (TIA) performed by LSC in March 2006, the two site access points will require separate southbound left-turn lanes. Based on the phasing plan, it is recommended that those auxiliary lanes be constructed in conjunction with the construction of each access points. As a result, it is recommended that the southbound left- turn lane at the north site access be completed prior to the buildout of Phase 1 while the southbound left-turn lane at the south site access should be constructed prior to buildout of Phase 2. In addition, the regional off-site improvements that are recommended at the SH 66/WCR 7 intersection prior to buildout of the surrounding areas should be constructed when they are deemed necessary by the Colorado Department of Transportation (CDOT) and Weld County. Year 2010 turn-lane recommendations for this intersection are shown in Table B. Our best estimate for the timing of these improvements is that they would be necessary prior to buildout of Phase 2. Prior to buildout of Phase 3, contributions to the widening of WCR 7 adjacent to the site should be made. The share of the improvement costs that the Kiteley Ranch at Foster Lake development is required to contribute for the SH 66/WCR 7 intersection improvements Mr. Michael Miro Page 2 April 13, 2006 and WCR 7 widening should be agreed upon based on discussions with Weld County and the surrounding developments. It should be noted that a cost sharing agreement was previously agreed upon with the developers of the Liberty Ranch and Alder Estates sites. w « • We trust that our findings and recommendations will assist in the planning for the proposed Kiteley Ranch at Foster Lake development. Please call us if we can be of further assistance. Respectfully submitted, /OR RE( LSC Transportation Cons tants, In . Iti a i 358'27 By: /3"le �I.NN.✓ BenjaT. Waldman, P.E., PTOE Enclosure: Figure Tables A and B BTW/BP/wc O:\LSC\Projeeta\2005\050380\Report\L2-Response to Comments.wpd a4 Z g I f it . - --\ -fi E i I II ,♦ V - wwawo►� ) ;I - IF --.- ..,CZ O U I.. la,... I I I Cl. I II \\ ‘ ,\ ..S...1s) E 1 cu I g Ii �. CO I! . 1 , oo'noun AnMINN g,, i. 1 _ ° JJ v) . .= . 011,. Z..1. =. , . \ 4.' \ 1 1 I 1 �, y tyMoww�iwrw� I I '' ''° I # i °- ` ' I 16, mama=mow C\I .." , i I 4/ ,.., _.. _,..T.-_'.. 1 1 ( r , _ , � I nun _- Do M GO 1 II ._� 12IOM N C y ii 3 o b C -' S EO i 7 .�L O '� 7 2CL V1 L Vl , ) 7 ( ! $ C \ | k B Co co co CNI $ co — a \ M < al 03 8 ti i Ca ) k \ I- § \o ) {a EC E 2 £ | k ( f C 0- $ | ! ] ) f - la CD a)— ! - f § - .O � a ) \ 9 f� ; la I— � CO 28 n ) { \ -- ) 2 k � 7 / # Y C w n ■ E = / | f { E t � / � � 't a > a C {f ) r k ! f o a 0 k \ ) \ \ ! / 2 E 2 k T. ) k . 2a 9 g ■ J 0O 0c c 0 / % 0 - a. k I co _ co ; ; N. co re I 0 ! O O O § - - - 2 L . _ . . Table B SH 66/WCR 7 Improvement Summary Kitely Ranch at Foster Lake Weld County, Colorado (LSC # 050380; April, 2006) Total Length Taper Length Improvement (feet) (feet) Eastbound Approach - Left-Turn Deceleration Lane 840 300 - Right-Turn Deceleration Lane 700 300 Westbound Approach -Left-Turn Deceleration Lane 1,170 300 Northbound Approach - Left-Turn Deceleration Lane 530 120 - Right-Turn Deceleration Lane 520 120 - Right-Turn Acceleration Lane 1,170 300 Southbound Approach -Left-Turn Deceleration Lane 430 120 -Right-Turn Deceleration Lane 300 120 -Right-Turn Acceleration Lane 1,170 300 Notes: Based on criteria outlined in the Colorado Department of Transportation State Highway Access Code. Assumes a R-A classification on SH 66 with a 60 mph posted speed limit and a NR-C classification on WCR 7 with a 35 mph speed limit. Exhibit — B 05/25/2006 15:46 3036943134 S A MIRO INC PAGE 05 7120 E.Orchard End.Suite 450 Englewood,CO 60111 (303)796-7555 lax(303)796.7333 "O N G S PEAK IN TES r I t1 S , lilt eekdberEer@ywestnct May 24, 2006 Sheri Lockman Weld County—Dept. of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Kiteley Ranch at Foster Lake, County Road #7 Improvements Dear Ms. Lockman, Longs Peak Investors, LLC, acting as the developers of the Kiteley Ranch at Foster Lake residential subdivision has entered into a roadway improvements cost sharing agreement with Centex homes regarding the design and construction of both Weld County Road#7 and the intersection at County Road#7 and State Highway#66. At this time, the final design for the road and the eventual improvements needed at the intersection are being finalized by Scott Pease at Engineering Partners, Inc. The Town • of Mead of has provided Centex and Engineering Partners with direction as to the road section the Town is requesting--Major Collector with 100'ROW. The proposed pavement section will require Longs Peak Investors to dedicate 20' of ROW on the east side of County Road #7 and a 25' easement for utilities and landscaping. Longs Peak Investors is in support of the proposed improvements to both the roadway and the intersection and has agreed to pay for half of all costs associated. Due to timing,Centex will need the construction of County Road#7 to occur before Longs Peak Investors anticipates receiving Final Plat approval from Weld County for the Kiteley Ranch at Foster Lake subdivision. For this reason, Centex Homes has agreed to upfront the design and construction costs of the related roadway improvements and Longs Peak Investors has agreed to reimburse Centex for 50%of the costs. Well County Road#7,including the intersection with SH #66, are being designed and constructed with Town of Mead and C-DOT approvals. Please see the attached letter from Sandee Miller at JR Engineering regarding the Town of Mead's support of our roadway improvements agreement. Sincerely, � �T� /�✓24�"��G �j Michael K Miro Longs Peak Investors, LLC Cc: Mr.Jerrie EScelberger, LPI Mr.Josh Rowland, Land Architects FRCtl : .Doug Reed PHONE NO. : 303 744 9977 May. 31 2006 12:49PM P2 t own o1 MY,r0 r taw. vi Box 626 Mead,Colorado 50542 Receipt No. (970)535-4477 Permit No. TOWN OF MEAD STREET,DRIV SWAY,AND CULVERT PERMIT APPLICATION 1. Applicant ypt s GLG O3' ?/e-8541 Name LoN4rs mite /n ves Phone 3 Address 712° 5% mt.N4CDcD. +�Si" City bu4tr$aoD State co Zip-Irga/ 2. Address or location of access %/ret- f FAc c Section 2? Township -' 1W Range 66 Subdivision e,1i*(a.c. RRrC.tlArcestttR.r sock Lot Street 4440 Side of the s act E.► sT N SE or W Distance from intersecting street or adjacent access 21 rr r r.e 3. Is there an existing access to the property?Ycs ✓ No #of accesses 2 Reason for additional access fl4*A/d t"le r" Pro fart. 2 Nal .»aS FD¢ Acta.MDiaste.J Estimated Daily Traffic in/out. Cars/Trucks SEE Att.4CHCO Tractor Trailer 4. Site Sketch: (Sketch here or attach drawings) at. yttTAC Fltg-L� 5. Mead Public Works Recommendations: Culvert Size Length Other Comments 6. Town of Mead Street,Driveway,and Culvert Policy(See Back) 7. Proposed use: Permanent Residential/Agricultural Industrial Temporary Commercial Subdivision Special Conditions: PERMIT FEES: MINIMUM FEE: Driveway or Culvert. $125.00 Street/Subdivision: 5525 FEES DUE FOR THIS PERMIT: Review Fees: Inspection Fees; TOTAL: Approved Denied SIGNED: TOWN OF MEAD DEPT.OF PUBLIC WORKS OR TOWN ENGINEER , FRO1 :, Doug Reed PI-DE NO. : 303 744 9977 May. 31 2006 12:50PM P3 Page 2 of 2 TOWN OF MEAD STREET,DRIVEWAY, AND CULVERT POLICY STREET,DRIVEWAY,AND CULVERT PERMITS REQUIRED A Mad Strut,Driveway,and Culvert Permit will be requited for I. The creation of a new access from private all new roads,streets,driveways or other mans of providing property to a Town street; ingress or egress to lands adjoining town street rights-of-way. Access will be limited to one per legal parcel unless otherwise 2. By any alteration of natural flow of water across approved.This policy shall apply to all new and existing streets, private property by the owner,or driveways,and culverts servicing property within the Town of Mead including mummies which are within other municipalities 3. For any other reason created by any owner of or counties but which access Mead streets. private property. MATERIALS AND METHODS The culvert shall be installed according to the Materials,construction practices and placement of materials,on Town street rights-of-way shall conform m specifications of a Town the of Public Works as to size 9f Transportation Standard and location in the Town street right-of-way in which such the Colorado Department Specifications for Road and Midst Construction.Current culverts may be installed.Culvert size and flow line will Edition-a copy of which is available for public review at be determined in accordance with standard engineering practices.The property owner shall be responsible for the Town of Mead Department of Public Works. cleaning the borrow ditch to accommodate the new culvert DRIVEWAY DESIGN STANDARDS pipe and insuring proper drainage. All driveways shall be constructed in accordance with the DRIVEWAY AND/OR CULVERT MAINTENANCE detail drawing included herein. After installation,such owner or occupier shall be No access approach shall have an effective turning radius responsible for the maintenance and repair of the driveway of less than 20 feet. A minimum effective turning radius of and/or owner ny or occtedupier drainage notified t If,after installation, 50 feet shall be used for access intended to accommodate such or or of is of the need for truck traffic. maintenance repair of the culvert,the owner or occupier shall have 5 days to make such repair and/or maintenance TEMPORARY DRIVEWAYS as may be required for the protection of the Town's streets *_ and related appurtenances within right-of-way.If the Any driveway which is not for use by the general public r and which will be closed after being used for only a required maintenance or r repair is not completed within the time allotted,the Town may do the work and the limited time may be considered a temporary driveway.The responsible property owner will be billed for the cost limited time shall be specified on the permit and shall not exceed 60 days. The requirement for temporary driveways thereof will be the same as for permanent driveways.Temporary ENFORCEMENT driveways shall not block existing drainage features.When In the case of new construction,the Town's building the driveway is closed,all materials shall be removed and inspector will not issue a certificate of occupancy or the site restored to its original condition by the pemrittee' conduct a final inspection until the required driveways NEW STREET/SUBDIVISION and/or culverts,when required,are installed in accordance with the prevision herein.The Town of Mead will review all proposed Town streets during the standard development application and review STATE LAWS process. For proposed streets that will be in the County or No portion of this policy is intended to authorize any another municipality,but whose access must come directly person to alter the flow of water in any manner contrary to from a Town of Mead street,the Town must review the subdivision Construction Documents and Traffic Impact the law of the State of Colorado regarding water rights or drainage. Study to determine the acceptability of the proposed access location,width,passage of drainage,etc.for DEFINITION conformance with Town standards and specifications. permittee:Owner of property to be accessed from a Town street or otherwise subject to these policies.Any RETROFITTING A ROAD ACCESS application by the occupant of the property for a permit The owner,at their expense,may be required to modify must be accompanied by written and notarized authority or driveway access when the Department of Public Works other appropriate documentation which evidences the -- -- --- has deterrnincd-that-itisneeessary in order to-protect_0te _..-occupant's authority. safety of the traveling public, improve drainage conditions or provide for public roadway improvements. Street: Streets arc defined as rural or non-rural streets having borrow or drainage ditches,or constructed with DRIVEWAY OR STREET CULVERTS curbs,and goners as defined in the Town Code. The owner of property shall pay for materials and the cost of installation for new driveway or street culverts whenever the installation of a culvert is made necessary by: Exhibit — C May 9, 2006 ' • Ms.Shod Lockman Planner II Department of Planning Services Weld County 918 Iia'Sties Greeley, CO 80631 Re:• Kitdey Ranch Change of Zone Dear Ma.Lockman: • The Board of Directors of the Wad Ditch Company ( HHighIaad') has reviewed the Planned Unit Development(PUt')Change ofZone Application sab ttedbyLongsPeakktvestoors,_ LLC(*LPM dated May 8,2006. The location of the recreation trai/Aighlaad Ditch maintenance easement as shown on This Change ofZonePlatandtheshareduseofthetraikforbothmaintenance and recreation is acceptable to Highland prodded that an agreement between 121 is entered into addressing nom other issues: 1) maintenance; repair and replaconem of the trail; 2) liability swathing from use of the trail;3)an acceptable indemnification fication provision; 4)the specifications of the trail are alp lived hyleagbland;5)J ghlend is reimbursed for all of ita costa tk»amatter,and 6) provisions are included that bring the use of the tram within the ambit ofthe Colorado Recreational Use smrnt ,Colorado Revised Statutes If 33-41.141 through 33-41-106. The ChangeofZone'Plan shows a faire near the top of to ditch which is tot acceptable to Thghlaad. The fence would ' prevent Highland's maintenance accessibility and, in the event of an emergency, would be an obstacle to access the each. - At the cost of I.?!,1lighhand consultants will review the tricky Ranch Dislodge Study to anekaadctrytpinayoanagarding drainage and easements related to that drainagef°Poster Reservoir. No drainage from the subdivision will be allowed into facilities of tflghlai4 without an agreeatnut between 121 and Highland. Highland may also consider certain erosion issues on the Highland Ditch eaae[aent, • Pleas do not hesitate fu cro>tr3 me should you bays any questions or concerts. Very truly yours, . . HIGHLAND DITCH COMPANY etas. . • . • Bob Schlegel,President ` r t cc: Board ofDhxect n • Jeffrey I.Kaba Jcny Eckt ,LPI Exhibit — D 05/25/2006 15:46 3036943134 S A MIRO INC PAGE 02 usez4/zu0a 15:14 FAX 970 491 9884 JR ENGINEERING x002 • • May 24,2006 �are�� J B. ENGINEERING Sheri Lockman :ZM•:.n.,'C� ,, Weld County—Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Kiteley Ranch at Foster Lake,Weld County,Colorado Dear Ms. Lockman; JR Engineering,acting as the town engineer for the Town of Mead,is in receipt of a conceptual site plan and street access permit request provided to us by Michael Miro of Longs Peak Investors,LLC for the above-mentioned project We have been in discussion with Mr. Miro, and met with him on May 9,May 20,and May 24,2006. We have been requested to provide you with a letter of support for the proposed accesses onto Weld County Road 7,and address other issues that County staff has requested of Mr.Miro. We have reviewed the site plan dated May 12,2006,and find that the access points onto WCR 7 meet the design standards of the Town,County,and COOT for intersection separation on a major collector street. The design also complies with the recommendations in the Traffic Impact Study for Kiteley Ranch, and the northern entrance is placed appropriately to line up with a potential access into Liberty Ranch,which is the subdivision directly cast of Kiteley being developed by Centex. In general,we support eliminating the two existing single-family residential driveways, and granting two access points for the Kiteley Ranch Subdivision. If the proposed access points presented on the Final Plat are harmonious with those shown on the site plan dated May 12,2006, the Town does not anticipate any problems with the accesses being granted as proposed. The street access permit will be processed by the Town once the Final Plat and/or Construction Documents are finalized. WCR 7 is currently designated as a Major Collector. The Town has provided direction to Centex on the road section they are required to build. The road will consist of a 100'ROW,with two 12' lanes,4'paved shoulders plus a I'clear zone, 12' turn lanes where warranted,borrow ditches,and 8'trails/walks on each side. A typical section drawing is attached. The proposed section requires that the Kiteley development dedicate 20'of ROW on the east side of WCR 7,and a 25'easement for utilities end landscaping. We have been informed that the Liberty Ranch and Kiteley Ranch developers are worldng together on an agreement to have WCR 7 paved with the Liberty Ranch project,with Kiteley reimbursing Centex for their half of the road between SH 66 and the WCR 28 'A corridor. WCR 7, including the intersection with SH 66,will be designed and constructed by Centex,with Town and CDOT 700 Es PIMpett 904.sW«193Fort Cots.maul s70-49,-9393•fur T70491-9984•..w. aya,n 05/25/2006 15:46 3836943134 S A MIRO INC PAGE 03 V+iS3FeMUS •o:14 FAA 970 491 9994 JR ENGINEERING la 003 r approvals. The ultimate intersection design will include turn lanes to meet the needs of all known development in the area, considering the short and long-range traffic projections. The ultimate design will most likely be constructed in phases to accommodate the existing residence on the northeast corner of the Liberty Ranch parcel (the southwest corner of SH 66&WCR 7). This will result in shorter turn lanes during the first phases,but this will be acceptable based on when the longer turn lanes arc actually warranted. This arrangement is agreeable to the Town of Mead. Mr.Miro has informed us of the phasing plans for the build out of Kiteley Ranch,which includes constructing both entrances onto WCR 7 during Phase 1. This is acceptable to the Town of Mead. Kiteley Ranch is proposing to eliminate a lot and plat an outlet or similar parcel in the Final Plat to allow for a possible connection to the Mad Crossings Business Park to their east. Mead Crossings does have a street ROW stubbed out to the eastern border of Kiteley Ranch. In general,the Town believes in interconnected subdivisions to encourage diffusion of traffic and facilitate consumer convenience,subject to appropriate street network design when residential areas connect to commercial areas to avoid problems such as"racetrack"connections, service drives mixing delivery vehicles with customer vehicles,and the like. In this instance, the street network in both this portion of Kiteley Ranch and Mead can easily line up and are both of a nature that there is no particular disruption to the residential area—i.e. a secondary type of connection. However,the Town realizes that the uses in the Mead Crossings Business Park are as of yet unknown,and depending on the nature of the businesses that develop there,it may be undesirable for the connection to be made between Kiteley Ranch and Mead Crossings. The Town is agreeable to allowing Kiteley to plat an outlot that can be replatted as ROW in tine event that the developed uses in Mead Crossings are compatible with the subdivision. The plat notes'should fully explain that the outlot may be redesignated as ROW as darned appropriate by the Tom and the County. The plat notes must also obligate the Metropolitan District to fund and construct the connection,including the Highland Ditch crossing,if it is determined to be required by the Tom and the County. We are committed to working with all Town and County developers in the area to weate sustainable developments,and resolve issues as they arise. We believe Mr.Miro is putting forth a good faith effort to do the same,end that any differences will be resolved in future coordination. If you should have any questions, please contact me at 970-491-9888. Thank you for this opportunity to provide comments on this project. Sincerely, / �/,^'Juaw andee C.Miller,PE Town Engineer cc: Michael Friesen,Town Manager Attachment WCR 7 Typical Section 05/25/2006 15:46 3036943134 S A MIRO INC PAGE 04 vrlp..&UUO aa:xa rna N'I0 491 9984 JR ENGINEERING til 004 . o o,, al ar a •r Wl h V O t1. �s 1/41 OA A aPp N 4 gr a— - -- - - t 0 l 0 V\ • l a 1_ b o \ 4 `�` L. M r LO g )145 ,.,.. ₹ b p, {II la iiip0. ey■q El: ^P qq z O J �fi3 _ M14.X F____ SF HO ` _ 0 , g 0• ate' v 3i. `\ & a 0-,\ -- - I ' 4- 3u J6 . Q 0 N ,9 i ••• A s.,1 td .lg ") V` g x w a •.MY10104Y031Rit 1Tw1'WW'AMMMNOU.39S Ab GvON GNVONr1SSIMFi 4,-c00ii24c,9000iecnf Exhibit — E MAY-31-2006 WED 05:03 PM KERR-McGEE FAX NO. 303 296 9523 P. 02 KERIMI 6EE ROCKY inwTAIN CORPORATION' ' face eaomm.w.euntroo-mmuk eanwosatm r SURFACE USE AGREEMENT te'°'"""°' This Surface Use Agreement("Agreement') is dated and made effective this_p day of May, 2006, and is between Kerr-McGee Rocky Mountain LLC ("KMG")with an address of 1999 Broadway, Suite 3700, Denver, CO 80202, and Longs Peak Investors, LW (collectively hereinafter referred to as "Surface Owner") with an address of 7120 E. Orchard Road, Suite 450,Englewood,CO 80111. A. Surface Owner owns the exclusive right to acquire the surface estate of that certain tract of land more particularly described on Exhibit A attached hereto, being approximately 140.428 acres in Weld County, Colorado (hereinafter referred to as the"Property"); B. Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, a portion of which is now owned by KMG; C. Surface Owner plans to develop the surface of the Property as 429 residential lots known as Kiteley Ranch at Foster Lake."; D. KMG currently operates two well(s) on the Property, known as Kiteley 5-27 and Kiteley 5-7 (Existing Well(s)") generally located Northwest i of Section 27, described above, and has the right to develop its oil and gas leasehold estate by drilling additional wells(the rFnture Well(s)")ou the Property;and E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the de'volopment of the Property by Surface Owner and KMG's operation end development of its oil and gas leasehold estate underlying the Property, such rights obligations to be binding upon the parties' successors and assigns. In consideration of the mutual' covenants contained herein, and other good and valuable consideration,the receipt apd sufficiency of which is hereby acknowledged, the parties agree as follows: I 1, AREAS RESERVED FOR TEM EXISTING WELL AND FUTURE WELLS, Surface Owner shall set aside and provide to KMG that portion of the Property hereinafter referred to as the, "Oil and Gas Operations Areas", such area(s)being depicted on Exhibit "B" attached hereto. The Oil and!Gas Operations Areas are to be made available to KMG in their present condition for any operations conducted by KMG in connection with the Existing Well or any Future Well,includi but not limited to,drilling and production activities, workovers,well deepenings,recompletions,fracturing and replacement wells. Except for the Oil 6I/Z 'd IZ91' °N 311 ' uosloer I ia2Ieglelo3 WY96:9 @004 ' 1 • uni 11AY-31-2006 WED 05 03 PM KERR—NcGEE FAX NO. 3O3 296 9523 P. O3 and Gas Operations Areas, and the access roads and easements associated with flowlinea, gathering lines and pipelines as provided in this Agreement, KMG shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental,temporary and non-damaging activities,for which KMG shall be strictly and solely responsible for any damages that may occur. 2. WELL LOCATIONS. KMG shall have the right to drill Future Wells within the Oil and Gas Operations Areas, including horizontal and directional wells that produce from and drain lands other than the Property provided such lands are validly pooled with all or any portion of the lands included in KMG's oil and gas lease covering the Property, and so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the COGCC. As part of the consideration for this Agreement,Surface Owner hereby waives its right to, and covenants that it shall not protest or object to any such exception location or application for same by ICMG. KMG shall not otherwise have the right to drill new wells on the Property. Notwithstanding the foregoing, the wellhead location of any Future Well drilled from any Oil and Gas Operations Area shall not be closer than 150' from a residential lot line. 3. SETBACK REQUIREMENTS. There shall be a 15O foot setback from the Well/Separator and a 200 foot setback from water&oil tank from residential lot lines as shown on Exhibit C. Surface Owner will not locate any lot line, building, or structure within any Oil and Gas Operations Area. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its right to object to the location of any of KMG's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time. Surface Owner further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG, its successors and assigns, to explore for and produce tho oil and gas in accordance with this Agreement. KMG or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Surface Owner agrees not to object to the use of the surface in the Gil and Gas Operations Auras so long as such use is consistent with this Agreement and Surface Owner will provide KMG or its successors and assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 4. GATHERING LINES AND FLOWLINLS. Subject to the limitations hereinafter described, KMG has a continuing right and entitlement to own, operate, maintain, repair and replace all flowlinns, gathering lines and other pipelines that may be necessary or convenient to its operations on the Property. Although this 61/E ' d LltL'oN 911 'uoslatf Je9Ieg18103 WVO:9 9002 ' 1 sift MAY-31-2006 WED 05:03 PM KERR-MCGEE FAX NO. 303 296 9523 P. 04 Agreement is intended to confine the placement of those pipelines to certain specified locations within the Property,nothing herein shall be construed as a limitation on KMG's ultimate right to make all necessary well connections to any Existing or Future Well. The current development plans for Kiteley Ranch at Foster Lake may anticipate the relocation of certain existing gathering lines or flowlines ("Existing Pipelines") to a designated easement corridor shown on Exhibit "B" as the "Petroleum Pipeline Easement." It is further anticipated that any additional pipelines, flowlines and gathering lines that may be required in the future ("Future Pipelines") may also need to be placed within, or relocated to the Petroleum Pipeline Easement. All such relocations shall be at Surface Owner's cost and expense. At such time as Surface Owner desires to have any Existing Pipelines or Future Pipelines relocated to the Petroleum Pipeline Easement, it shall give written notice to KMG who shall promptly prepare,or commission the preparation of,a cost estimate to accomplish the relocation. As soon as available, KMG will then provide the cost estimate to Surface Owner who will then have the opportunity to review same and make a final determination about whether it wishes to proceed with the relocation. If Surface Owner elects to have KMG effectuate the pipeline relocation,it shall tender the estimated costs of such to KMG together with its written request to commence the project as soon as reasonably practicable, or as otherwise requested by Surface Owner. If it has not already done so, Surface Owner shall also deliver to KMG an executed and acknowledged Pipeline Right of Way Grant on the form that is attached hereto as Exhibit"C"in order to convey the Petroleum Pipeline Easement lands at shown on Exhibit"13". The Petroleum Pipeline Easement shall be sixty feet(60')in width during construction,installation or relocation operations and otherwise reduced to forty feet(40')in width for post-construction usage. All relocated and Future Pipelines shall be located within the Petroleum Pipeline Easement unless otherwise agreed upon between Surface Owner and KMG. KMG acknowledges that the Petroleum Pipeline Easement will be non-exclusive and agrees that it will not object to its concurrent use by other oil and gas operators or utilities, as Surface Owner may grant from time to time, so long as such other parties comply with KMG's pipeline guidelines, attached hereto as Exhibit"D". Notwithstanding the foregoing, Surface Owner shall not permit, nor shall it place any other utility or structure within ten feet horizontally or two feet vertically of any KMG pipeline. The Petroleum Pipeline Easement and Oil and Gas Operations Areas shall be depicted and labeled on all subdivision plats submitted to Weld County. If Surface Owner's development plans anticipate that roadways will or may in the future cross over Existing Pipelines. Surface Owner agrees to pay for the cost to have KMG sleeve any Existing Pipeline that is to be crossed by such roadways, such payment to be made in advance of the work and Surface Owner shall not permit any roadway crossing of any Existing Pipeline until the sleeving of the affected line has been completed, KMG shall not,without the prior written consent of Surface Owner,have the right to lay additional Bowlines or pipelines on the Property, outside the Petroleum Pipeline Easement. All flowlines and pipelines shall be buried to a depth of approximately 48 inches from the surface. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all pipelines and flowlines during any of Surface Owner's operations on the Property. The 61/Y ' d UFL'sN 011 'unsIner 7 Iefieglalo3 WV9t. 9 9001 ' I ' unr MAY-31-2006 WED 05:03 PM KERR-MCGEE FAX NO. 303 296 9523 P. 05 construction and burying of additional flowlines,gathering lines and pipelines shall be at the sole cost and expense of 1O4O or its gas purchaser. 5. ACCESS. Surface Owner shall provide 1t;MG with continuous access to all of the Oil and Gas Operations Areas and the Petroleum Pipeline Easement. The access roads to be used by KMG will either be those roads that currently are in place or those that are anticipated to be constructed by Surface Owner at its sole cost and expense as part of Surface Owner's development of the Property. All access roads constructed shall be of sufficient scope to allow KMG to conduct it oil and gas operations and shall be at least 30 feet in width and built to withstand a minimum of 104,000 pounds and 26,000 pounds per axle. 1O46 agrees to access the Property according to the routes depicted and described on the attached Exhibit`B"once the streets are constructed by Surface Owner and Surface Owner provides KMG notice of such but KMG may continue to use its present access routes until that time and until receipt of such notice from Surface Owner. 6. BATTERIES AND EQUIPMENT. KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of the Existing Well or any Future Wells only within the Oil and Gas Operations Areas. With respect to KMG's equipment and facilities other than flowlines or pipelines: a. KMG shall install and maintain, at its sole cost and expense, all fences around the Existing Well and any Future Wells in compliance with the Rules and Regulations of the COGCC; b. KMG shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of any wells or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by KMG; c. 1O46 shall paint any production facilities for any wells, including wellhead guards,with paint that is approved by the COGCC;and d. Surface Owner shall not inhibit KMG's access to the Oil and Gas Operations Areas or inhibit KMG's operations within the Oil and Gas Operations Areas by landscaping or other improvements, unless otherwise agreed upon between Surface Owner and ICMG. 7. NOTICE OF FUTURE OPERATIONS. KMG shall provide at least seven (7) days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or recompletion operation on the Existing Well or any Future Wells; provided,however,that KMG shall provide at least thirty (30) days prior written notice to Surface Owner and/or any homeowner's association formed by 61/S ' d iltL'oN 011 'tom er I iasie w 103 WV9t: 9 9001 ' I • asf HAY-31-2006 WED 05:04 PH KERR-HCGEE FAX HO. 303 296 9523 P. 06 Surface Owner that is associated with the Property upon the drilling of any Future Wells. Regardless of the foregoing notice requirements,KMO shall have immediate access to any of its facilities in the event of an emergency. After receipt of the above notice, but not less than five (5)working days prior to KMG's mobilization on the applicable Oil and Gas Operations Areas, either KMG or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use and safety of Surface Owner's development 8. NOTICES TO HOMEOWNERS AND BUILDERS. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operations Areas and the Easement. In addition, Surface Owner shall provide notice to all builders, homeowners, homeowner associations and other buyers of the Property from Surface Owner that a. There may be ongoing oil and gas operations and production in the Oil and Gas Operations Areas on the surface of the Property; b. Tharp are likely to be additional Future Wells drilled and oil and gas operations and production from the Oil and Gas Operations Areas that affect the surface of the Property; c. Heavy equipment may be used by KMO from time to time for oil and gas production operations and that such operations nay be conducted on a 24 hour basis; d. Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement and assuming those obligations undertaken by Surface Owner pursuant to this Agreement;and e. Homeowner associations and buyers of individual lots or homes, as successors in Interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement, and will be subject to the waivers contained in Sections 3, 9, and the covenants contained in Section 3 prohibiting the location of any building or structure within the Oil and Gas Operations Areas or the Easement and waiving objection to any setback rules of the COOCC or any local jurisdiction. 9. DRILLING AND COMPLETION OPERATIONS, KMG shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e.,24-hour)drilling operations. 61/9 'd Ibt1'oN 011 'uoslaer I Jesiaglelo3 WN9t:9 9001 ' I ' usf MAY-31-2006 NED 05:04 PM KERR-MeGEE FAX NO. 303 296 9523 P. 07 10. GOVERNMENTAL PROCEEDINGS. Surface Owner shall not oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, the County of Weld or other governing body proceedings,related to KMG's operations on the Property, including but not limited to drilling, worimvers, well deepenings and recampletions, provided that I(MG's position in such proceedings is consistent with this Agreement. 11. LIMITATION OF LIABILITY,RELEASE AM)INDEMNITY. a. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 12 below) or out of other provisions of this Agreement (which(tnrms shall be governed by the teams of this Agreement), each party shall be and remain responsible for its own liability for all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith(all of the aforesaid herein referred to collectively as "Claim?), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such patty shall release, defend, indemnify and hold the other panics, their managers, members, officers. directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c, Upon the assignment or conveyance of a party's entire interest in the Property,that party shall be released from its indemnification in Sectionl Lb. above, for all actions or occurrences happening after such assignment or conveyance. 12. ENVIRONMENTALINDEMNITy. The provisions of Section 11 above, except for Section 11.a., shall not apply to any envimnmenral matters, which shall be governed exclusively by the following, subject to the limitations of Section 11.a. above: a. "Environtnental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party,unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; 61/I 'd IltL'°N 011 'uosloer g ue2ueg1elo3 WV9t: 9 9001 ' 1 ' Uef HAY-31-2006 WED 05:04 PH KERR-HeGEE FAX NO, 303 296 9523 P. 08 b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ios), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean Water Act (33 U.S.C. §¢ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. 0 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629);and c. Environmental Indemnification. KMG shall protect, indemnify, and hold harmless Surface Owner,homeowners association and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMO's ownership and operation of the Oil and Gas Operations Areas and it's ownership and operation of its pipeline easement or rights- of-way on the Property. Surface Owner shall fully protect, defend, indemnify and hold harmless KMG from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 13. EXCLUSION FROM INDEMNITIES. The indemnities of the parties herein shall not cover or include any amounts which the indemnified party is actually reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 14. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which the other patty would be liable under the provisions of Section 11 or 12 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth ail particulars of the Claim, as known by the indemnified party, including a copy of the Claim(if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 13. PAYMENT TO ICMG. • Concurrently with the attention of this Agreement,the Parties hereto have executed a letter agreement which delineates the Parties obligations with respect to directional drilling ("Letter Agreement"). In consideration of the agreement of KMG to restrict its use of the surface estate for the Property as set forth in this Agreement, Surface Owner agrees to compensate KMG in accordance with the terms of the Letter Agreement. 16. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KMG does not represent that it has rights to settle matters for all of the mineral owners or any 61/8 ' d Ll6L'°N 011 'uasIdef 1 ieaieg18133 Wg t: 9 9004 1 . unf • HAY-31-2006 WED 05:04 PM KERR-HcGEE FAX NO. 303 296 9523 P. 09 other lessees in the Property and this Agreement shall only apply to and bind the KMO leasehold interest in the property. 17. SUCCESSORS. The terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs,devises,executors,administrators,successors and assigns; provided, as to KMO, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which KMG owns. 18. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMG'S leasehold estate expires or is terminated, and KCMG has plugged and abandoned all wells owned all or in part by KMG and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. 19. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S.Mail,postage prepaid, addressed to each of the following: If to IGIG: Kerr McGee Rocky Mountain LLC 1999 Broadway,Suite 3700 Denver,Colorado 80202 Attention: Director of Land Denver Basin If to Surface Owner: Longs Peak Investors,LLC 7120 E. Orchard Road,Suite 450 Englewood,CO 80111 Attention: Jerry E:kelberger,Member/Manager Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 20. RECORDING. This Agreement, any amendment hereto shall be recorded by KMO,which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 21. SURFACE DAMAGES. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or 61/6 'd Ld4L'°N 311 'uosloep R Jeuiag18133 WVL4: 9 9004 ' I ' uni MAY-31-2006 WED 05:04 PM KERR-MCGEE FAX NO, 303 296 9523 P. 10 local regulation, state statute, common law or prior agreement, for each and every well that is drilled,tank battery and emissions control device located on the Property within the Oil and Gas Operations Areas and also including but not limited to any access road, llowline, or pipeline constructed within the Easement. KMG may provide a copy of this Agreement to the COGCC as evidence of this waiver. 22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,shall be resolved by arbitration conducted in Denver,Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s)may bo entered in any court having jurisdiction thereof 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 24. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 25. EXECUTION AND BINDING EFFECT This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first above written. 6101 'd Idtt'oN 011 1uos13er I ie2J8910103 WVit: 9 9001 ' I ' usf MAY-31-2006 WED 05:05 PM KERR—McGEE FAX NO. 303 296 9523 P. 11 KPRR-McGEE RO MOUNTAIN LLC By: �OI -f RENZO SURFACE OWNERS: LONGS PEAK INVESTORS,LLC 671I ' d Ld4L'°N 011 'uos13ef 7 ie2'eglag33 WVL4:9 9004 ' I ' ucf t1AY-31-2006 WED 05:05 P11 KERR—feGEE FAX NO, 303 296 9523 P, 12 r ACKNOWLEDGMENTS STATE OF COLORADO ) CITY AND )as. COUNTY OF DENVER ) !O The foregoing instrument was acknowledged before me this_ 39' day of May, 2006, by Joseph Lorenzo,as Attorney-in of Kerr McGee Rocky Mountain Corporation,on behalf of such corporation. Witness my hand and official soot, • My Commission Expires: //27 Zj°' ;NOT/1gy' PUBLIC tam _ STATE OF COLORADO ) ss. Dia rnisi egiaNAVIM COUNTY OF j//MIIL , ) The foregoing instrument was acknowledged before me this d day of May,2006,by Jerr , Y Fl berger,as Manber/Manager of Longs Peak Investors,LL . Witness my hand and official seal. 41 My Commission Expires: " /I Qe 61/dl ' d LltL'°N 011 'uosloep i ia2lagla103 Wt:9 9004 ' 1 ' uaf • • • • • • • BahMit A Lot B of beaded Preeption No.1208-27-2-RE 543 as rcaaded it Book 1111,Him 1383,Reception No. 02052245,Weld Comely Retards,being mom particularly descried as follows: Thsttract of lard lotted it theNmmnd magenta cif Section 27,Tom 3 North,Rap 6$West of the 66 P14..Weld Cry,Cowman being mat particularly described as talon • Consider*the West thbearings contained herein ereto: one-quarter a termed to beer North oo°o3'44"west mid.wai.0 Begbeingnt the West one-quener comer of said Section 27:themeNorth OO°O3'44"Wed 265139 feet tothe Mabee*calmer of rail Section 27;thence North 89'45'39"263730 feet to the North eneagrrrter comer of said Section 27;Mete along the East time of theNathwest ono-quarter of said Section 27.SonIkOO'42'51"West 1500.73 feet thecae along the Natinreamaly bpsedery of that petal of lid described by deed recorded ht Boot 207 at Page 395 of Weld County Records,the following throe(3)comics; South 51°37'52"West 507.62 fcst South 52°39'03"Wet 394.OO feet thence South 39°24'03"Wet 765.00 feat to apoint on the Souk IS of lb. Northwest onegvarter of meld Section 27;chance South$9►24'O3"West 1125.18 feat to the Sates caner of Excused=No.120a-27.2 aB 543 a recorded it Book 1111,Reception No.O20WAS,Weld Catty Records;thence along the East,North and Wert line of aid Lot A the following three(3)courses: North 00°03'44"Wert 23334 feat South 19°24'03"Went 263.82 fest South OO'o3'44"East 233.34 feel to a point on It.South IS of the Norlhereat one-quarter of said Section 27;thence South 89°24'03"West 30.00 IS to the West one-quarter censer of said Section 27 mid the True Pelt of Beginning,acopt say portion bins within rights of way, County of Weld,Stete of Colorado. Lead description pawed by: Steven John Stared,Colorado PLS 30462.for and on bahalf of Waal Land Surveying,Inc.,1301 North Cleveland Avenue,Loveland.Colorado 80537, (970)669-0516. • • 6781 ' d ld41' °N 011 'uosloef q 182'8918103 1'00:9 9004 ' 1 Leif FXHIBHT II B I i I i 1' id It - .d0. e 'II li II �_T - 7IT ��O 1 I f IT - . . 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I - a �"iii' __ a IHla. h r I •0. ;® a icnj MOll REzompac ' I KITELEY RANCH AT PLAT jJI III FOSTER LAKE - PZ-1082 g , limeilbRaffrEasW PUT 1;� `` P.U.D.Change o1ZonePNtii� E •~' .—t=• IIII��AII eld W County.Colorado ' 61/t1 'd 1191' °N 011 'uoslser 9 "82'8910133 WVIV:9 9004 ' I ' unf EXHIBIT KITELEY WELL LOCATIONS c WELD COUNTY,CO -SEC.27,T3N,NSW,SKI / . /,( \ r /v I O •I , I I li \// %� \ • \` / i i -- - / //. \ • \ I ; ' I O I O 11 ,� I I ` � �� ; I I I � i i I �� O �> / + i + lop I I I I \\ 0 �,. \ \,` I III I 1 Ni \ \ _____ _ _/% \'� 2 ' \\ e \/ \ / iS w �/ �\/ \ ° ; /�yi // ,,,, 4: I.ASEP...Ta \ • \\ s \` / iota LOCATION • ;/ ,/1 >if< „16 aPI — Ay' v ,-SW LL w , aPruT'ae �// <�J w)47 +_per rnr�Tnis OW %/ (e ` \ T1% xn,yv. -arrrieg / / sP",�/ \ / /7 /7�� Maw IOCATIOM \ O` wrIILOC�TOMe OFIU WAi6tTANl(/} I 54F1C�-v e 1•�rouumr (1 :/ ( CONTROL EMIG* �/ c '! ; \ `_x X , ,max—macaw�. //I- \ NA f• app% O \ FE oe,wnoNMCA • / . • / \ \ CI \ \ X . MM .�M �+`. I Q loo 200 JVY Job NO' 01068 Dar 00fler20,2005 MMIMMLIMMEr e Rested; Febn+ary 24.2006 LANDIZIARCHITECTS Graphic Scale: 1 " = 1 00a rwar r,rrr.argr.alrrar4or.r.RIM mr.r.wnwnr 61/9I 'd llt1' °N 311 'u1 I3 1 @ 182189'8103 WV8P:9 9004 ' 1 ' unf Exhibit — F .May. 10. 2006 11 :07AM SVVSD CUSTODIALJPLANNINGITRANSP No. 8802 P. 1 St V � Sawn District 395 South Pratt Pariavay Longmont,Colorado 805014499 DATE: 'St O I of7(,. • TO: .GO+0h i '/ ' eK FACSIMILE NO.: 3 —73y 171 W TELEPHONE NO.: • • FROM CUS tAL&&TRANSPORTATI N SERVICES St Vrain ValleySchool District RE-1J Phone: 303/682-7253 Fax 303/682-7344 -PAGES INCLUDED IN THIS TRANSMISSION(Induding this cover sheet) SUBJECT: MESSAGE: I you are unable to read this transmission,please call us at 303/682-7253 snow May. 10. 2006 11 :07AM SVVSD CUSTODIAL'PLANNING ITRANSP No. 8802 P. 2 "ter--— St Vrain Valley School District May 10, 2006 Mr.Josh Rowland 9137 South Ridgeline Blvd, Suite 130 Highlands Ranch, Colorado 80129 Subject: Kiteley Ranch at Foster Lake Dear Mr. Wright, Thank you for sending me a copy of the plat for this development After reviewing your plans there is no need to install a bus stop shelter. At this time this plat does meet the requirements for the St.Vrain Valley School District. It is our intent to locate a bus stop at the entrance of this development.However,the St. Vrain Valley School District does reserve the right to relocate bus stops as we deem necessary. This letter is not a sign-off on cash-and-lieu fees or mitigation payments. Please contact the Planning Department(303-682-7229) for more information regarding these. If 1 can be of further assistance please feel free to contact meat(303)672-7253. Rick Ring Director of Custodial &Transportation Services 395 South Pratt Parkway • Longmont • CO • 105014499 ph: 303776.6200• far 303.682.7343 • www.stvrain.k12.co.us y Exhibit — G LAND 'S ARCHITECTS a subsidiary of land architects international Highlands Ranch, CO Fort Collins, CO Mountain View, CA May 4, 2006 Mrs. Sheri Lockman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Longmont USPS Mailbox location approval Dear Sheri: The applicant for Kiteley Ranch at Foster Lake - PZ-1082 Preliminary Site Improvement Plans has met with a representative from the Longmont Post Office to confirm that the proposed mailbox locations shown on the drawings are acceptable. The locations shown on the plan drawings are approved as authorized by: Rt (�� / Autho zed Signature �D O`Y�� Sincerely, Joshua L. Rowland Director of Planning and Design r"1 9137 South Ridgeline Boulevard,Suite 130• Highlands Ranch,Colorado 80129 • 303.734.1777 • Fax 303.734.1778 Land Planning I Resort&Golf Course Design Landscape Architecture www.landarchitects.net 1825 Sharp Point Drive,Suite 126 • Fort Collins,Colorado 80525 • 970.484.4100 • Fax 970.484.4111 Page 1 of 1 Kim Ogle From: Drew Scheltinga Sent: Thursday, June 08, 2006 9:28 AM To: Kim Ogle Cc: Peter Schei; Bruce Barker Subject: PZ-1082 Kiteley Ranch BOCC Hearing Kim I have made my preliminary review of the material submitted for BOCC change of zone hearing. Quite a bit of progress has been made since the Planning Commission meeting. As we discussed on the phone yesterday, all issues have been addressed in the third revised submittal but not all problems have been resolved. The question is weather or not they are far along enough to have a hearing in front of the BOCC and require finalization of all issues prior to a final plat hearing. Because of the complexity of the issues, I will not attempt to explain them in this email but give a brief list the major ones: Off-site roads: Proposed agreements not submitted Letter from Miro re agreement with Centex submitted Raises new questions Letter from JR Engineering not from Mead Raises new questions Highland Ditch Agreement with Highland Ditch Company not submitted Letter from Highland Ditch agreeing with joint use submitted Many requirements indicated for ditch company approval Drainage Revised report finally acknowledges problems previously raised by Public Works Further study and solutions proposed at final plat I realize you got this case from Sheri and have not had the opportunity to be involved from day one which puts you at a disadvantage and does not alloy you to know where things stand in the process. Also, we all know this is not the best application we have ever seen. The applicant has the tendency to submit something very close but seldom right on the money. Further, none of us wants a repeat of a hearing like Torgerson. I will be preparing a third review that will be somewhat lengthy and detailed. I do not think it's necessary to review my memo to make a decision about scheduling a hearing. It is my opinion the application is good enough to schedule a BOCC hearing for the change of zone. The application isn't good but its close enough. I am willing to take responsibility with the BOCC for my recommendation. The applicant is calling me about the hearing date. Please let me know. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltingaco.weld.co.us P. S. I hate communicating issues this complex in emails. EXHIBIT F pie `0eA 06/08/2006 Weld County Pianni-; r^,':artment SOUTHWEST i%Ui; AG JUN 2 9 2006 (1(fer;,,, MEMORANDUM RE EIVE � WII TO: Drew Scheltinga, P.E. Public rks Dept. DATE: 23-June-2006 O FROM: Brian K. arrelpublic Works Dept. C. COLORADO SUBJECT: PZ-1082 Kiteley Ranch at Foster Lake PUD (Change of Zone Plan) Weld County Public Works Department has reviewed this Change of Zone plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments ❑ Public Works received a Final Drainage and Erosion Control Report for Kiteley Ranch at Foster Lake PUD (PZ- 1082)on June 1,2006. The report was submitted for Change of Zone by Bryan E. Clerico,P.E.,of S.A. Miro, Inc., and is dated May 25, 2006. Please change the report title to Change of Zone Drainage and Erosion Control Report for Kiteley Ranch at Foster Lake,herein referred to as the drainage report. ❑ The Final Drainage and Erosion Control Report is not stamped,signed, or dated by a registered P.E. licensed to practice in the state of Colorado. ❑ Kiteley Ranch at Foster Lake PUD is planned for up to 430 single family residential sites on 140 acres at the southeast corner of SH 66 and WCR 7. Change of Zone Drainage Items—the following items must be resolved prior to recording the Change of Zone plat. Note that struck items have already been resolved. ❑ Please change the report title to Change of Zone Drainage and Erosion Control Report for Kiteley Ranch at Foster Lake,herein referred to as the drainage report. ❑ The following items remain outstanding since the Sketch Plan review(Jan. 11,2006): o Weld County will not maintain drainage related areas. The applicant shall address this topic prior to change of zone. o A [change of zone] drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the Change of Zone application. o The development site shall be located on the copy of the FEMA map. ❑ The following items remain outstanding since a previous Change of Zone review(Feb. 10,2006): o Weld County will not maintain drainage related areas. The applicant shall address this topic in the drainage report. o A project vicinity map should be included as a figure in the drainage report,clearly identifying the borders of the proposed development,bounding roads and properties,water features,north arrow,and approximate scale, as per Weld County CODE Sec. 27-9-10.I. o Previous Sheet CI.00 comments: • Note for all sheets: The key map should have more detail, including property boundaries,roadway namsa, and approximate water's edge of Foster Reservoir. • Please include all existing easements and right-of-ways on this sheet and indicate in the legend. • Please add the 100-year FEMA floodplain for Foster Reservoir to the legend. o Previous Sheet C2.00 comments: • Please identify property boundaries s alsn he • All easements must be clearly marked. This includes but is not limited to,utility easements, drainage easements,oil and gas easements, County and State right-of-ways, and others. Of..• ular interest is the Page 1 of 3 EXHIBIT 1 C 'PO #ton overhead powerline easement identified in the fourth sentence of the first paragraph of page 2 of the [Change of Zone] Drainage and Erosion Control Report. The text indicates this easement is a drainage design constraint,and as such, should be clearly identified in plan sheets accompanying the report. • Please identify location and size of existing utilities,and associated easements. • Please show the 100-year FEMA floodplain for Foster Reservoir and add it to the legend o Previous Sheet C3.00 and C3.01 comments(also includes new C3.02): ▪ All easements must be clearly marked. This includes but is not limited to,utility easements, drainage easements,oil and gas easements, County and State right-of-ways, and others. Of particular interest is the overhead powerline easement identified in the fourth sentence of the first paragraph of page 2 of the [Change of Zone] Drainage and Erosion Control Report. The text indicates this easement is a drainage design constraint,and as such,should be clearly identified in plan sheets accompanying the report. • Please identify location and size of existing utilities, and associated easements. • Please show the 100-year FEMA floodplain for Foster Reservoir and add it to the legend ❑ The following items have been reviewed at this third(3r°)stage of review: o Please address all redline comments in the drainage report and on the construction plan drawings contained therein. o Please check the 5-and 100-year design rainfall values for accuracy. The text of the drainage report indicates values of 1.4 in,and 2.7 in. for the 5-and 100-year storms,respectively,but hydrographs printed in the Appendix indicate other values may have been used. o Please show how water arrives to Pond 3 from Subbasins OS 1 and OS3. Grading on Sheet C2.00 does not show how these subbasins drain to the proposed pond. o Please correct inconsistencies between tables in the report and tables in the construction plan sheets. o Erosion issues on the Highland Ditch have been acknowledge,but not fully resolved. Comments for the Highland Ditch are as follows: • Statements regarding the hydraulic capacity of the ditch cannot be verified without a step-backwater analysis. Please add a note to the last three sentences of the first paragraph on Page 4 that the current hydraulic analysis is preliminary and approximate in nature,and that the hydraulic capacity of the ditch shall be determined by detailed analysis in the drainage report submitted at Final Plan. • Based on the lack of supporting evidence in the drainage report,Public Works does not agree with the statement that "Highland Ditch does not jose an initial, or a long term, risk to the residential lots of Kiteley Ranch"(Page 5,Paragraph 1, 13 Sentence). Please remove this statement from the drainage report. • Please note items required for Final Plan submittal in the next section of this memorandum. Final Plan Drainage Items—the following items must be resolved prior to scheduling the Weld County Board of County Commissioners final plat hearing for Phase 1: ❑ The hydraulic analyses for the Highland Ditch must be supported by a step-backwater analysis; a normal depth calculation will not suffice. Input and output must be included in the Appendix of the Report. ❑ The applicant must provide quantifiable evidence, through engineering analysis and design,to assess the long-term stability of irrigation canals on the north and east border of Kiteley Ranch. o The current desktop assessment of channel erosion on page 5 assumes the vegetated terraces are stable features created by fluvial geomorphologic events. Quantifiable evidence has not been provided to make this determination. Furthermore, Public Works does not agree with the outlined analysis of lateral migration and vegetation establishment in the Highland Ditch. The drainage report submitted for Final Plan shall discuss channel degradation and bank failure mechanisms driven by fluvial geomorphologic processes and how they relate to existing(and future)channel conditions. ❑ Please provide appropriate erosion control at pipe outlets and inlets,overflow areas,channel bends,high shear stress channels and swales,or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures,and must show stable channel conditions prior to the establishment of vegetation. ❑ Please add the following note to the text of the Final Drainage Report and Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas. " ❑ Please provide typical cross sections(or a table)in the plan sheets for all swales. ❑ All culverts must be analyzed using HY-8,HEC-RAS,CulvertMaster,or other approved programs that adhere to HDS-5 guidelines published by the FHWA (2005). Page 2 of 3 Weld County Planning Department SOUTHWEST BUILDING aitif ` MEMORANDUM JUN 2 9 2006 TO: Kim Ogle, Dept. of Planning Services DATune ' FROM: Drew Scheltinga, P.E., Public Works Department I� P � ` C. SUBJECT: PZ-1082 Kitele Ranch at Foster Lake PUD (Zone Change) COLORADO y 9 ) Subsequent to the Planning Commission Hearing on April 18, 2006, the applicant has submitted additional materials and revised drawings in a packet dated June 1, 2006. This submittal is intended to address the Planning Commissions requirements and to prepare for the Board of County Commissioners zone change hearing. This third review addresses the submittal of June 1, 2006 and is in addition to previous review memorandums of February 9, 2006, and April 4, 2006, which are still applicable. Comments made during this phase of the review may not be all-inclusive, as other concerns or issues will arise during the remaining land use application process. External Roadways: —The applicant has been requested to supply a schedule of roadway improvements and proposed greements. The LSC letter of April 13, 2006, which calls for improvements to WCR 7 and the intersection of WCR 7 and SH 66, has been resubmitted with no revisions. Phasing proposed for WCR 7 improvements in this letter are acceptable. A letter dated May 24, 2006, by Michael Miro of Longs Peak Investors, LLC, states there is an agreement with Centex homes (Liberty Ranch developer) to share the cost of design and construction of WCR 7 and the intersection at SH 66. Centex homes will be constructing WCR 7 prior to Longs Peak Investors receiving final plat approval. Further, the letter states Engineering Partners, Inc. is performing the design with direction by Mead and obtaining approvals from Mead and CDOT. A copy of that agreement has not been supplied. The applicant has applied for a street access permit from Mead and provided a letter dated May 24, 2006, by JR Engineering, Mead's engineer. The letter indicated progress has been made and an access permit will be processed once the final plat and construction documents are finalized. JR Engineering's letter indicates both entrances onto WCR 7 will be constructed during phase 1 of the Kiteley development which does not match LSC's phasing proposal. The requirement of a letter from the Town of Mead regarding WCR 7 is met by JR Engineering's letter of May 24, 2006. EXHIBIT Page 1 of 4 I 2 Mob'2 M:\PLANNING-DEVELOPMENT REVIEW\2-Change of Zone(Z,CZ,PZ,MZ,AMPZ)\PZ-1082 Kiteley Ranch\PZ-1082 Kiteley Ranch at Foster Lake (Zone Change)06-23-06.doc The traffic generated from the Kiteley Ranch development will impact roadways and intersections beyond those that are adjacent to the site. A letter dated March 28, 2006, from LSC recommends -cgional off-site improvements. My memo of April 4, 2006, asks for a schedule of recommended ,adway improvements. A letter from LSC dated April 13, 2006, provides a phasing plan for WCR 7 adjacent to the site which is acceptable for zone change review. The letter has no recommendations for regional improvements but states there were previous cost sharing agreements with the developers of Liberty Ranch and Adler Estates. Copies of these agreements were not provided. Ownership of the Adler property has changed. Although and application has not been submitted, development of the Anderson property is being discussed with Weld County staff. There are significant changes taking place in the area, regional traffic impacts must be mitigated by identifying necessary improvements and developing agreements with all public agencies and all developers. Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall: 1. Provide a schedule of adjacent and regional roadway improvements in coordination with Town of Mead, the Colorado Department of Transportation, Weld County and other regional developments. 2. Provide construction plans for improvements on WCR 7 and evidence of approval by the Town of Mead. 3. Provide construction plans for current and year 2025 intersection improvements at WCR 7 and SH 66 and evidence of approval by the Colorado Department of Transportation. 4. Provide a copy of the agreement between Centex and Longs Peak Investors, LLC, for design and construction of WCR 7 and the intersection of WCR 7 and SH 66. 5. Provide copies of agreements between all parties participating in the improvements on WCR 7, the intersection of WCR 7 and SH 66, and other regional improvements. 6. Provide an Off-site Improvements and Surety Agreement, acceptable to the Weld County Attorney, for the improvements on WCR 7, the intersection of WCR 7 and SH 66, and other regional improvements. The applicant has shown the future right-of-way line for SH 66 as requested but not delineated the reservation. Prior to recording the zone change plat, the area shown crosshatched shall be delineated as State Highway 66 Right-of-Way Reservation. The applicant has obtained a letter dated May 9, 2006, from the Highland Ditch Company in which they indicate the easement as shown on the change of zone plat is acceptable. The applicant has submitted a schematic layout of the future intersection of WCR 7 and SH 66. It does not show all the lanes called for in the LSC Traffic Impact Analysis dated March 7, 2006, in Figure 12, 2025 Lane Geometry. In order for west bound SH 66 to have 2 left turn lanes, south bound WCR 7 must have 2 lanes. The layout does show 4 lanes for WCR 7 at the intersection. It does seem feasible to add a 5th lane. According to Mr. Miro's letter of May 24, 2006, this design is under way by Engineering Partners, Inc. The future 2025 lane configuration must be taken into —consideration. Page 2 of 4 M:\PLANNING-DEVELOPMENT REVIEW\2-Change of Zone(Z,CZ,PZ,MZ,AMPZ)\PZ-1082 Kiteley Ranch\PZ-1082 Kiteley Ranch at Foster Lake(Zone Change)06-23-06.doc • Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall determine if any additional right-of-way will be required on WCR 7 for year 2025 intersection mprovements based on plans approved by the Colorado Department of Transportation. Additional jht-of-way required to construct the improvements shall be dedicated on the final plat. Internal Roadways: The applicant has shown a connection from Silver Sky Circle to Hyland in the Mead Crossing development to the east. Mead Crossing is in the Town of Mead. In their letter May 24, 2006, JR Engineering indicates that Mead believes in interconnected subdivisions; however, because the uses in Mead Crossing are unknown, Mead feels it may be undesirable to make the connection. Further, the letter recommends an outlot be platted which can be replatted into a right-of-way and that the Metropolitan District pay for future construction of the connection if required by the Town and County. The concept of Mead's recommendation is acceptable to Public Works but I do not agree with the proposed outlot or construction financing. The platting, design and construction of the connection will take place in the 2n° phase of the Kiteley Farm development which will be several years in the future. The right-of-way should be shown on the zone change plat and conditions regarding the connection spelled out in the zone change resolution. Also, the Metropolitan District should not be required to pay for the construction of the connection. The applicant shall revise the future road connection note on the change of zone plat to read, "Future connection to Mead Crossing to be designed and constructed in phase 2 of the Kiteley Farms -development upon requirement of the Town of Mead and Weld County." Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall submit a proposed agreement that will be entered into during the final plat stage of phase 2 that will provide for the construction of the connection to Mead Crossing or adequate surety. The agreement shall have a term of 10 years, after which, surety will be released if the Town of Mead and Weld County does not require the connection to be constructed. The proposed agreement shall be referenced in the zone change resolution. All rights-of-way have been dimensioned on the change of zone plat. Irrigation Ditches: The applicant was required to provide an agreement with the Highland Ditch. The letter dated May 9, 2006 from the Highland Ditch Company indicates a willingness to enter into an agreement with the applicant but identifies issues that need to be addressed. Basically, they are: conditions to be included in the agreement, a review of the applicant's drainage study by the ditch companies consultant and consideration of erosion issues. Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant _shall provide an executed agreement between the applicant and the Highland Ditch Company. Page 3 of 4 M:\PLANNING-DEVELOPMENT REVIEW\2-Change of Zone(Z,CZ,PZ,MZ,AMPZ)\PZ-1082 Kiteley Ranch\PZ-1082 Kiteley Ranch at Foster Lake (Zone Change)06-23-06.doc • Drainage: -The applicant was required to address off-site drainage, erosion in the Highland ditch and to revise 1e drainage report to meet Weld County drainage criteria. A revised drainage report dated May 25, 2006, by S A Miro, Inc., has been submitted. The revised report has acknowledged issues identified in previous reviews and is adequate for the Board of County Commissioners zone change hearing. Attached is a detailed review of the revised drainage report by Brian Varrella dated June 23, 2006. There are some items in Mr. Varrella's memorandum required for the change of zone drainage report that must be addressed prior to recording the zone change plat. There are other items identified that will be required in the final drainage report prior to scheduling the Board of County Commissioners final plat hearing for phase 1. Erosion in the Highland ditch has been acknowledged in the revised report. The report proposes a geotechnical analysis and proposes additional stabilization if required by that analysis. At the final design stage, the applicant shall provide a through engineering hydraulic and geotechnical analysis to assess the long term stability of the Highland Ditch and its structures. The drainage report also states the Highland Ditch Company should be responsible for their flows and suggests the Metropolitan District could monitor the ditch and be responsible for remediation. It is my understanding the Highland Ditch Company intends to supply non-potable irrigation water for —dual water systems over the long term. If the Highland Ditch Company is to remain as the owner of ie easement and to remain is business supplying non-potable irrigation water, it should be responsible for maintenance of the ditch, not the Metropolitan District. This maintenance issue must be clarified in the agreement between the applicant and the Highland Ditch Company. Prior to recording the change of zone plat, the applicant shall submit a change of zone drainage report and that report shall be approved by the Public Works Department. Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall submit a final drainage report and that report shall be approved by the Public Works Department. Attachment: Drainage Review Memo, Brian Varrella P. E., June 23, 2006 PC: PZ-1082 Kiteley Ranch at Foster Lake PUD (Zone Change) Email & Original: Kim Ogle, Dept. Planning Services Email: Joshua Rowland, Land Architects PC by Post: Jerry Eckelberger, Longs Peak Investors, LLC, Applicant Page 4 of 4 M:\PLANNING-DEVELOPMENT REVIEW\2-Change of Zone(Z,CZ,PZ,MZ,AMPZ)\PZ-1082 K,teley Ranch\PZ-1062 Niteley Ranch at Foster Lake (Zone Change)06-23-06.doc # A4 MEMORANDUM Wg`Pe. TO: Board of County Commissioners COLORADO DATE: July 24, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Kiteley Ranch at Foster Lake PUD Amendments to Change of Zone, PZ#1082 c/o Jerry Eckelberger, applicant The following Conditions of Approval may be stricken from the Resolution: Draft Resolution Item 2.b.1.a Condition met, Letter dated May 9, 2006 Draft Resolution Item 2.b.2.d Condition met, per Surface Use Agreement from Kerr- McGee Draft Resolution Item 2.b.2.e Condition met, per Surface Use Agreement from Kerr- McGee Draft Resolution Item 1.A. under heading Prior to Scheduling the Board of County Commissioners hearing Draft Resolution Item 1.A.1, 2, 3, 4, 5 and 8 Condition addressed in Department of Public Works Memorandum of June 23, 2006 and required in Amendments to Change of Zone, PZ #1082 Memorandum dated July 24, 2006, see item number 14 Draft Resolution Item 2.C.2 Strike this text The plat shall show a pedestrian connection to the Mead Crossing Development to the east, prior to recording the Change of Zone plat. and add new language per Public Works Memorandum dated June 23, 2006, see item number 15 EXHIBIT 1 AIX/O8a f � , MEMORANDUM �. TO: Board of County Commissioners COLORADO DATE: July 24, 2006 FROM: Kim Ogle, Planning Manager SUBJECT: Kiteley Ranch at Foster Lake PUD Amendments to Change of Zone, PZ#1082 do Jerry Eckelberger, applicant Under the heading of Prior to Recording the Change of Zone Plat, the following items shall be provided for review and approval by the appropriate County agency: (Draft Resolution 1.C.2) Strike current language: The plat shall show a pedestrian connection to the Mead Crossing Development to the east, prior to recording the Change of Zone plat. (Draft Resolution 2.E) Strike current language: The minimum setback from an oil and gas production facility shall be three hundred-fifty (350) feet. prior to recording the Change of Zone plat. (Draft Resolution 2.1) Strike current language: A Metropolitan District has been established. The District is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Draft Resolution 2.J) Strike current language: A Homeowners' Association has been established. Membership in the Association is mandatory for each parcel owner. (Draft Resolution 2.J) Strike current language: Kiteley Ranch is a member of the Southwestern Weld County Law Enforcement District and shall be taxed accordingly. MEMORANDUM ' • TO: Board of County Commissioners WIDC DATE: July 24, 2006 COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Kiteley Ranch at Foster Lake PUD Amendments to Change of Zone, PZ#1082 c/o Jerry Eckelberger, applicant The applicants representative Josh Rowland of Land Architects has submitted additional materials for review by County staff prior to the scheduling of this hearing. The Departments of Public Works and Planning Services have reviewed the attached documents for completeness in addressing the concerns brought forth during the Planning Commissioners hearing of April 18, 2006. This memorandum serves to address the remaining outstanding issues. Under the heading of Prior to Scheduling the Final Plat, the following items shall be provided for review and approval by the appropriate County agency: 1. Due to the extent of the proposed development, the Department of Public Works has asked that the Traffic Impact Study address the impact at each construction phase on the existing roadways and make recommendations for improvements needed at each phase. (Draft Resolution Item 2.a.8.b) 2. The Conditions of Approval require the applicant to provide a schedule of recommended roadway improvements and proposed agreements that will mitigate the traffic impacts of the proposed development. (Draft Resolution Item 2.a.8.c) 3. Weld County Road 7 is within the Town of Mead. The Conditions of Approval require a letter from the Town indicating its concerns regarding Weld County Road 7 have been me. If that letter cannot be supplied the applicant is required to outline, in detail, all efforts that have been made to acquire Mead's approval. (Draft Resolution Item 2.b.1.b) 4. The Weld County Department of Public Works has indicated that, in the future, extensive improvements, including turn lanes, will be required at the intersection of State Highway 66 and Weld County Road 7. Fifty (50) feet of right-of-way, per Mead's requirement, is shown on the revised zoning plat. The Department of Public Works requested additional right-of-way at the intersection on Weld County Road 7. No additional right-of-way has been shown. The Preliminary Site Improvement Plan shows an eight (8) foot trail within the right-of-way. Clearly, there is not enough right-of-way to accommodate future intersection improvements and a trail system. (Draft Resolution Item 2.b.1.c) 5. The Conditions of Approval require the applicant to show a connection from Silver Sky Circle to Hyland in the Mead Crossing development to the east prior to recording the Change of Zone plat. The applicant is also required to dimension all rights-of-way prior to scheduling the Board of County Commissioners Final Plat hearing. (Draft Resolution Item 2.b.3.a) Page-1- The Department of Public Works recommends to add the following language: Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall submit a proposed agreement that will be entered into during the final plat stage of phase 2 that will provide for the construction of the connection to Mead Crossing or adequate surety. The agreement shall have a term of 10 years, after which, surety will be released if the Town of Mead and Weld County does not require the connection to be constructed. The proposed agreement shall be referenced in the zone change resolution. Further, the Department of Public Works requests the applicant shall revise the future road connection note on the change of zone plat to read, "Future connection to Mead Crossing to be designed and constructed in phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County." 6. Section 27-2-60, Common open space. As proposed, the site does meet the open space requirements of Chapters 26 and 27 of the Weld County Code. The Department of Public Works requested separate easements expressly for the irrigation ditches which are commonly requested by ditch companies. The revised plats indicate there will be joint use of the Highland Ditch maintenance road and the recreational trail within the same easement. If the Highland Ditch does not agree to joint use, separate easements for the ditch and outlots for the trail system must be delineated on the plat. The maintenance road should be removed from the open space calculation if not used as a recreational trail. The applicant is required to provide an agreement between the highland ditch and the applicant addressing joint use and adequacy of the proposed easements. (Draft Resolution Item 2.b.4) 7. Section 27-2-74, Conservation area. Kiteley Ranch PUD is adjacent to Foster Reservoir and is impacted by non-jurisdictional wetlands, floodplains and high water tables. The Weld County Department of Public Works cited three major concerns that were requested to be addressed at the Change of Zone application phase. They were off-site drainage, FEMA floodplain, and erosion of the Highland Ditch. (Draft Resolution Item 2.b.5) The Department of Public Works recommends to add the following language: Prior to recording the Change of Zone plat, the applicant shall submit a change of zone drainage report and that report shall be approved by the Public Works Department. Prior to scheduling the Board of County Commissioners final plat hearing for phase 1, the applicant shall submit a final drainage report and that report shall be approved by the Public Works Department. 8. On May 25, 2006, the Department of Public Works received a Final Drainage and Erosion Control Report from S. A. Miro, Inc., that provides additional information. The applicant is required to address off-site drainage, erosion of the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. Further, a Letter of Map Amendment, approved by FEMA, is required with the final plat application materials. No buildings shall be allowed inside the effective FEMA defined flood plain. (Draft Resolution Item 2.b.5.a) 9. Section 27-6-120.D.5.c- The uses which will be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing Page-2- zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed PUD is located within the Mixed Use Development (MUD) area, and within the three-mile municipal referral areas for the Towns of Mead and Frederick and the City of Longmont. The Town of Mead is opposed to this development being approved as an unincorporated project and wants the applicant to petition the Town of Mead for annexation. Mead further asks that the applicant complete an access permit for access onto Weld County Road 7, which is within the Town limits. The applicant is required to complete an access permit with the Town or show an adequate attempt has been made. The Town of Frederick and the City of Longmont indicated no conflicts with the proposal. (Draft Resolution Item 2.c) 10. Section 27-6-120.D.5.e - Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. As previously indicated, the applicant is required to submit additional information regarding improvements to State Highway 66 and Weld County Road 7. (Draft Resolution Item 2.d.4.e) 11. Section 27-6-120.D.5.f- The Weld County Departments of Public Works and Planning Services will require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Kiteley Ranch PUD and all on-site and off-site improvements at the time of Final Plat. Additionally, documentation for the Metropolitan District will be required to be approved for maintenance prior to recording the final plat. (Draft Resolution Item 2.d.4.f) 12. Section 27-6-120.D.5.g - There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. A portion of the site, adjacent to Foster Reservoir, lies within the 100-year floodplain. The applicant is required to address off-site drainage, erosion in the Highland Ditch, and revise the Drainage Report to meet all Weld County drainage criteria. Further, a Letter of Map Amendment, approved by FEMA, is required with the Final Plan application materials. No buildings shall be allowed inside the effective FEMA-defined floodplain. (Draft Resolution Item 2.d.4.g) 13. The applicant shall address the following to the satisfaction of the Weld County Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services: (Draft Resolution Item 1.A. under heading Prior to scheduling the Board of County Commissioners hearing) 14. The Department of Public Works recommends to add the following language. Reference June 23, 2006 Memorandum from D. Scheltinga to K. Ogle 1. Provide a schedule of adjacent and regional roadway improvements in coordination with Town of Mead, the Colorado Department of Transportation, Weld County and other regional developments. 2. Provide construction plans for improvements on WCR 7 and evidence of approval by the Town of Mead. 3. Provide construction plans for current and year 2025 intersection improvements at WCR 7 and SH 66 and evidence of approval by the Colorado Department of Transportation. Page-3- 4. Provide a copy of the agreement between Centex and Longs Peak Investors, LLC, for design and construction of WCR 7 and the intersection of WCR 7 and SH 66. 5. Provide copies of agreements between all parties participating in the improvements on WCR 7, the intersection of WCR 7 and SH 66, and other regional improvements. 6. Provide an Off-site Improvements and Surety Agreement, acceptable to the Weld County Attorney, for the improvements on WCR 7, the intersection of WCR 7 and SH 66, and other regional improvements. 7. Prior to recording the Final plat, the area shown crosshatched shall be delineated as State Highway 66 Right-of-Way Reservation. 8. All rights-of-way shall be dimensioned on the Final plat. 9. The applicant shall provide an agreement between the Highland Ditch and the applicant addressing joint use and adequacy of the proposed easements. 15. The applicant shall revise the future road connection note on the change of zone plat to read, "Future connection to Mead Crossing to be designed and constructed in phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County." (Draft Resolution 2.C.2, delete text and add above language) 16. The minimum setback from an oil and gas production facility shall be per the Surface Use Agreement with Kerr-McGee dated May 30, 2006. There shall be a 150 foot setback from the Well/Separator and a 200 foot setback from water and oil tank from residential lot lines. (Draft Resolution 2.E, Notes on Change of Zone plat, amend to include stated language) 17. A Metropolitan District shall be established. The District is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Draft Resolution 2.1, Notes on Change of Zone plat, amend to include stated language) 18. A Homeowners' Association shall be established. Membership in the Association is mandatory for each parcel owner. (Draft Resolution 2.J, Notes on Change of Zone plat, amend to include stated language) 19. Kiteley Ranch shall be a member of the Southwestern Weld County Law Enforcement District and shall be taxed accordingly. (Draft Resolution 2.K, Notes on Change of Zone plat, amend to include stated language) 20. Future connection to Mead Crossing to be designed and constructed in phase 2 of the Kiteley Farms development upon requirement of the Town of Mead and Weld County. (Draft Resolution insert at 2.L, Notes on Change of Zone plat, amend to include stated language, and re-letter) End Memorandum Page-4- Memorandum TO: Board of County Commissioners WI ig DATE: July 25, 2006 C� FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: PZ-1082 NAME: Kitely Farms Change of Zone Resolution Amendments Page 11 - Under the heading of The Plat Shall Be Amended As Follows: The plat shall show the restroom facilities at the North Entrance Park Page 12 — Under the heading The Change Of Zone Is Conditional Upon The Following And That Each Shall Be Placed On The Change Of Zone As Plat Notes Prior To Recording: All existing septic systems must be abandoned in accordance with Section 30- 7-70 of the Weld County Code at the time of platting for Phase II. This is referring to residences at 13812 and 13844 CR 7 and is for clarity since the St. Vrain Sanitation District will be extended in to this area of the development during Phase II (in approximately 3-4 years) Page 15 under the heading At The Time Of Final Plan Submission: All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for 13812 and 13844 CR 7. Any existing septic system(s)which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. O:\PAM\PLANNING\CHZONE\PZ-1082 KITELY FARMS BOCC RESOLUTION ADDITIONS.RTF 2d" tiPv ; tj 4 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 7, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR THIS APPLICATION PZ-1082, A CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) FOR 429 RESIDENTIAL LOTS, OPEN SPACE AND CONTINUING OIL AND GAS PRODUCTION (KITELEY RANCH AT FOSTER LAKE) KIM OGLE N e of Person Posting Sign • Signature ton Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this asday of L Y,r 0. , 2006. WITNESS my hand and official seal. Q OJeOA. ... i `S'.� Notary Public WK CP •• q 9 /1 .O 9 0 My Commission Expires: NI 2-Oo pip"a.' LAPP EXHONT 44"/'� a CO :, *Q. ,; N, . 4 Co t t.N i 44n +FM !.a '`s 6 g, i ▪ t ,{�j2 yv.f} r t v r T,IiiilliiIv• Yv t!ii,au v t i tf}° t i ,_ i F v+ ;. v rft:xi l t F ° s w y t t s ,._�,. T .-=kill + y ,tit ♦t ▪ �: '"Ya i i s} t .. M1 -...111i2,5;; t 1t :its h , 4} t t J = 'x!. t t} T i d .: h 'sa 't t ''t .: t 3: a ";.:1 lift ` s j,(' i i n 'y'. . ` tt EI � � vt '.� �r � tit: � it i , : t 1 Iv : a t. } � t t'i 4 .i ., �.Rit,. • i r di (v i t a is ;. Z .. V rn. y. N � f d t , f Nt d , July 25, 2006EXHIB T Paul and Sue Entzel 360 Hunters Ridge Dr. II PE an Mead, CO 80542 970-535-4304 Subject: Kiteley Farms Request for Change of Zone, PZ 1082 Docket # 2006-44 Parcel 1207-27-0-00-047 Dear Board of County Commissioners of Weld County: The Kiteley Farms Change of Zone from Agricultural Zone District to PUD (Planned Unit Development should be denied for the following reasons: 1. Per Colorado Revised Statutes (C.R.S.) 24-67-104 (1)(f), "Requires a finding by the county or municipality that such plan is in general conformity with any master plan or comprehensive plan for the county or municipality". • Per the Town of Mead's 2004 Comprehensive Plan (MCP), General Commercial is zoned along SH 66. • Per Mead's MCP, the residential areas are zoned for 5 to 6 DU's (Dwelling Units) per acre with 7,000 to 8,700 SF lots. Per Mead's MCP, the Kiteley Farms proposes 6.71 DU's per acre with an average lot size of 6894 SF, minimum lot size of 6,270 SF. 2. Kiteley Farms is located in the MUD. Per Weld County Codes, Code Ordinance 2004-6, issued 8/30/04, an average of 4 DU's per acre is allowed. Kiteley Farms does not provide the allowance for common open space. • Code Ordinance 2004-6, issued 8/30/04 amends Chapter 22, Comprehensive Plan, Appendix 22-G, "Mixed Use Development Area (MUD)—Land Use Plan Distribution". This is the latest land use plan for zoning, acreage, and percentage of the total area. The table uses an average of four dwellings per acre for residential densities, after 25% of the gross land area used for roadways, neighborhood parks, various amenities, and a minimum of 20% used for common open space. 3. Sec. 26-1-50.C.4 requires coordination of municipal, county, regional, and state growth policies (Department of Land Use-DOLA). It also requires that the new development be compatible with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise. This requires new developments to have the same residential densities as the surrounding land. • This Change of Zone is not compatible with Mead's MCP. The Mead Board of Trustees were verbally approached by Kiteley Farms. They suggested lowering the residential densities and Kiteley Farms decided not to ask for annexation into the Town of Mead. 4. The proposal is not in compliance with Weld Codes. Code Ordinance 2002-6, issued 10/7/02, amends Sec.22-2-100., Urban Growth, and Sec. 22-110., Urban Growth Boundaries Goals and Policies: 361) IILNI RS RIDCII DR., NINA)), COLORADO 611542 9711.515.9871 I A].970.515.98'? • UGB.Goal 1. The County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. • UGB.Policy 1.1. The County recognizes that municipalities can and should plan its own future in terms of the nature and rate of growth. • UGB.Goal 2. Concentrate urban development in or adjacent to existing municipalities, an approved Intergovernmental Agreement, the I-25 Mixed Use Development area, urban growth boundary areas, urban development nodes, or where urban infrastructure is currently available or reasonably obtainable. • UGB.Goal 3. The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting efficient development. • UGB.Policy 3.1. The County may consider approving a land use development within an urban growth boundary area, if all of the following criteria are met: a) UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible. b) UGB.Policy 3.1.2. The proposed use, including public facility and service impacts, is compatible with this Chapter and with other urban type uses. c) UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent municipality's Comprehensive Plan. It appears that the Change of Zone request for Kiteley Farms is requested because they do not want to conform to the Town of Mead's 2004 Comprehensive Plan, or to the Weld County's Planning and Zoning Specifications. This request will lower adjacent property values and is clearly not what the Town of Mead or the County of Weld planned. Respectfully, Sue Entzel, PE Cc: Mike Friesen, Town Manager, Town of Mead 360 Hunters Ridge Dr., Mead,Colorado 80542 970-535-4304 2 OO Q j 'O O N o 2 N D 7 . O Q -� ni U N 0_ C c -) 5 E o03 co (9 E O .L J O ct, O TDz a) a cz Cl) •a_I N c g O N a) 0 LL o E CD o a) O a) N C O (0 CO C O CD N CL m a) Co .- Q vi O u) D) EL) .• E L _, cc, c . 0 am c c J 0 J _ c m W W N I 0 .— t E N 5 L I— > N o c o) Q ccts c • c co Cu — - m c& 0 w 0 0 .c 0 = wO 0 w a3 E (.5 2 c c c F- ° w c a W 6 � U c 2 s a cu c J J 75 i � I m Q L ea C in d t a) -a5 Go co co c I a t.C a L 'as o n 1— a m c I 'o a C . 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