HomeMy WebLinkAbout20050649.tiff STATE OF COLORADO
OFFICE OF THE STATE ENGINEER Weld I o r: 1( aF•Co
'Division of Water Resources _ - Q% ��'
Department of Natural Resources r F O•i
t�1313 Sherman Street, Room 818 i-E R t �) 1(1`- � ,
Denver,Colorado 80203 February 14, 2005 r t
Phone(303)866-3581
FAX(303)866-3589 r2 - ,p
"C�.L%snt V .-.`,I Bill Owens
www.water.state.co.us Governor
Ms. Sheri Lockman Russell George
Executive Director
Weld County Planning Department
Hal D.
918 10th Street State Engineer Simpson,RE.
Engineer
Greeley, Co 80631
Re: Lawley Estates
Case No. PZ-1043
SE 1/4 of Sec. 4, T6N, R64W, 6th P.M.
Water Division 1,Water District 1
Dear Ms. Lockman:
We have reviewed the additional information provided by Jeff Couch from the Team Engineering on the
above referenced proposal to subdivide Lot B (114.28 acres)of the Recorded Exemption RE-3581, into 8 single-
family residential lots. The Water Supply Information Summary provided indicates that the household water
requirements are 2,400 gallons per day(2.68 acre-feet per year).
The North Weld County Water District (District) is still identified as the water provider for the subdivision.
Our previous letter dated July 2, 2003 indicated that we were unable to provide comments due to a lack of a
-- letter of commitment from the District. The additional information provided by Team Engineering included a letter
of commitment from the District dated February 28, 2003 for Lawley Acres. The letter of commitment from the
District indicated that a total of 9 lots in the development and 1 lot identified as part of a RE are to be served by
the District. It is not clear from the submittal material why the District's letter references a total of 10 lots, while
the subdivision proposal is for 8 lots.
The developer will be responsible for the extension of the water line to the subdivision from an existing
waterline. According to the information in the draft Water Service Agreement, the District will furnish 70% of an
acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big
Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or
greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%.
Based upon this additional information and pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State
Engineer's office offers the opinion, that contingent upon water service being provided by the District, the
proposed water supply will not cause material injury to existing water rights and the supply is expected to be
adequate. We recommend that the County obtain a signed copy of the Water Service Agreement from the
District prior to the final approval of the subdivision.
If you have any questions in this matter, please contact loana Comaniciu of this office.
Si ere
ck Wolfe, P.E.
Chief of Water Supply
cc: Jim Hall, Division Engineer
Brent Schantz, Water Commissioner, District1
Water Supply Branch
Subdivision File 4
DW/IC/Lawley Estates
2005-0649 w ;„
MELVIN DINNER, P.C. Weld Court; Ph :,,t
ATTORNEY AND COUNSELOR AT LAW L fi F' j i
640 BANK ONE PLAZA 1_ r ,t
��
GREELEY, 00 80031 t
(970) 3622081 RECE_I(},V®E
FAX (970) 362-9172 \�/
February 21, 2005
Department of Planning Services
918-10`h Street
Greeley, CO 80631
Attention: Sheri Lockman,
County Planner
Re: Case No. PZ-1043
Proposed Lawley Estates Subdivision
Dear Ms. Lockman:
— This letter shall serve to advise you that I represent The Nazarenus Lateral Ditch Company,Inc.,
with address as follows: The Nazarenus Lateral Ditch Company, Inc., C/o Curtis E. Foss, 35490
WCR 61, Gill, CO 80624.
This letter shall serve to advise you that The Nazarenus Lateral Ditch Company has heretofore
provided a response to the Weld County Department of Planning Services as a result of a referral
letter which they previously received relative to the proposed Lawley Subdivision.
As a result of numerous problems relating to the relationship and status of the exclusive easement
reserved by the Nazarenus Lateral Ditch Company in the deed where acreage was conveyed to the
Lawleys, a meeting was held on January 13, 2005 at the offices of G. Brent Coan,the attorney
representing Mr. and Mrs. Lawley, in an attempt to resolve some of the problems and difficulties
involved.
On Friday, February 18, 2005, I received a fax transmission from G. Brent Coan, the attorney
representing Mr. and Mrs. Lawley, together with a copy of letter dated February 8, 2005 faxed to
Mr. Coan on February 16, 2005 by Mr. Lawley through his employer's fax unit at Mountain View
Fire District. Copies of this material are also submitted herewith.
Upon receipt of this material, I immediately contacted members of the Nazarenus Lateral Ditch
Company and provided them with copies of the material provided to me by Mr. Coan. The Board
of Directors of the Nazarenus Lateral Ditch Company subsequently scheduled and held a special
board meeting on Saturday evening, February 19, 2005 to review the proposal outlined by Mr. and
Mrs. Lawley.
r 0091,04P if
4 ''� rat'fit a > >
February 21,2005
Page 2
It is necessary to indicate that the information as provided by Mr. Lawley is confusing and
ambiguous and quite frankly, not able to be understood by me or the members of the Board of
Directors of the Nazarenus Lateral Ditch Company.
Accordingly, I met with Dennis Egge, one of the members of the Board of Directors of the
Nazarenus Lateral Ditch Company, on Monday afternoon,February 21, 2005. I attempted to reach
Mr. Coan in connection with these matters but was advised he was unavailable. I have therefore
submitted correspondence to him in connection with this matter, a copy of which is also enclosed
herewith.
As you will note from the correspondence, I will be leaving my office on Tuesday, February 22,
2005 and will not be returning until early April 2005. I have recommended and suggested to Mr.
Coan that a meeting to attempt to resolve these issues with Mr. and Mrs. Lawley should be
scheduled some time in April after I return.
I am thus taking this opportunity to bring the Weld County Planning Department up to date about
the various problems between the Nazarenus Lateral Ditch Company and Mr. and Mrs. Lawley with
regards to their proposed Subdivision Application.
Very truly yours,
MELVIN DINNER
MD/as
Enclosures
Cc: Nazarenus Lateral Ditch Company
(DCs _
;- OTIS, CORN& STEWART, LW
■
• Attorneys And Counselors At Law
h< ,
FACSIMILE TRANSMITTAL SHEET
The information contained in this facsimile message is privileged and confidential
information Intended only for the use of ttie individual and/or entity named below. If the
reader of this message is not the intended recipient, or the employee or agent responsible
to deliver it to the Intended redolent, you are hereby notified that any distribution or copying
of this communication is strictly prohibited,` If you have received this communication in
error, please notify us immediately by telephone and return the original message to us at
the above address. Thank you.
IF YOU HAVE ANY PROBLEMS RECEIVING THIS FACSIMILE.
TRANSMISSION, PLEASE CALL 970-330.6700.
TO: Mel Dinner
FAX No. 352-9172 -
FROM: G. Brent Coen
•
DATE: February 18, 2005
NO. OF PAGES: 2
mammy this tow shut):
COMMENTS: Please review the following and contact me. Thank you.
The Doyk Building,1812 frtAveane,Greeley.Colorado 80634
Telephone:970-3306700 Pk 970-330-2969 Metro:303-659-7576
I •A Opgq Oil leluel Mel fAIAAIn , CAM igw0P -G rnn? -01 • naa
Feb 16 05 0ee05p Mountaib View Fife 303-651-2910 p. 2
February 8,2005
Nazarenus Ditch Company
RE: Lawley Estates Subdivision
Please find enclosed herein the option that the.Lawleys believe will best satisfy both
parties' needs.
The Lawleys agree to make the easement in the SESE part of the larger 80 acre lot,thus
moving the lot lines in that SESE to the West edge of the easement in the SESE.
The Lawleys agree to allow fencing of the easement in the SESE along the west lot line.
Cost to be borne by the Ditch Company.Type of fence to be agreed upon by both
parties.
The Lawleys agree to fence the north property line of the SESE to WCR 55. The
Lawleys will place a 20 foot gate across the easement on the west side of the ditch,for
access to the remaining easement,located on the Lawley property.so access can be
obtained by ditch company and property owner.Cost to be borne by the Lawleys. The
fence type shall be 5 strand barbed wire.
As part of the Lawleys agreeing to move the lot lines to the west edge of the easement in
the SESE,the Lalvleys request that the Ditch Company allow them to place their
detention pond at the entrance of the easement,north of WCR 72. The detention panel
will not obstruct access to the easement and it will be designed in such a manner to blend
in with the natural surromidings and provide a minimal impact on easement
Yt
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MEL:IM D NERD P.C.
ATTORNEY AN?] 9ELOR AT LAW
\ 840 B NE PLAZA
.,•••----
GABBLE; 1140 80831
(970)_ 2-2081
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FAX(97 <382-9172
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Fe ary 21, 2005
Otis, Coan&Stewart,LLC i
hi
Attention: G.Brent Coan ;'1
1812-56th Avenue1
Greeley, CO 80634 �t''
R , The Nazarenus Lateral Ditch Company/
, :i Proposed Lawley Subdivision
Dear Brent: ,'
This letter shall serve to acknowledge receipt of ;pr facsimile transmission sheet dated Friday,
February 18,2005,together with a copy of the 1 dated February 8, 2005 submitted to you by
Mr. Lawley by fax on February 16, 2005 throu a fax facilities at Mountain View Fire District.
Upon receipt of your material,on Friday,Febru ' ')18, 2005 I delivered copies of this material to the
• members of the Board of Directors of the Nazar Ss Lateral Ditch Company. They,in turn,
scheduled a special Board of Directors' meeting Saturday evening,February 19, 2005.
i7
On Monday,February 21, 2005 I met and confe •a with Dennis Egge, one of the Board members
Iin connection with the matters outlined in the co, spondence of February 8, 2005. I attempted to
reach you by telephone on Monday,February 21 , 005,but was advised that you were unavailable.
Then left a voice mail message,but before I co Tete the voice mail message I ran out of time on
your voice mail. I am therefore taking this oppor' ;" 'ty to complete a response to your letter.
At the outset, it is necessary to indicate that I am; eaving town on Tuesday morning,February 22,
2005, and will not be returning to my office unti yearly April 2005.
It is quite apparent that your clients had more th` `ample time to provide some form of response to
me and to my clients during the interim period, 'eh did not occur. It is necessary to clearly
indicate that my clients have been and still are rtib'e than willing to meet with your clients regarding
the easement matter. rli
Quite frankly, examination and review of the m ' a' l provided in the correspondence submitted by
--- Mr. Lawley is not understandable, is confusing d is thoroughly ambiguous. I am therefore
recommending under the circumstances that antion on this matter be delayed until I return in
April 2005 and a new meeting is scheduled to ew the material which you have submitted.
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In the interim,I suggest that you contact your we,and request tltthey providea_e suitable,
meaningful and non-ambiguous and confusing sett arrangements dea ling with the eas aent.
Accordingly,byt timet meetingascheduled in April, 2005 it is hoped th by this ems
deal with this matter appropriately. ?
ti
look+m�@ hearing+m you in m_aot
I ±this matter.
ye�y3�
\ , - ,
}M4/ DINNER
!
MD/as
Cc: Nazarenus Lateral Ditch Comp a
Sheri Lockman,Weld County Planner '-;
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MARCH 8, 2005 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, SHERI LOCKMAN, 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 PZ-1043 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
9
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
J fn
The foregoing instrument was subscribed and sworn to me this—/- day of ,/AC _ � , 2005
WITNESS my hand and official seal.
LOz �� .
Notary Public
My Commission Expires:
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EXHIBIT
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Posted 3/3/2005 by Sheri Lockman
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
March 18, 2005
Ms. Sheri Lockman, Planner
Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Lawley Estates P.U.D. Change of Zone PZ— 1043
SE%Section 4, T 6 N, R 64 W
Dear Sheri:
By this letter, we are requesting that the final submittal application for Lawley Estates be reviewed
administratively as allowed by Weld County regulations.
Thank you for your consideration of this request.
Since�el
Couch, P.E.
EAM Engineering
Cc: Sheri Lawley
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