HomeMy WebLinkAbout20052867.tiff 07•/26/2005 10:43 3034686705 TERRAVISI0NS PAGE 02/03
JUN-01-2005 WED 04:16 PH Woodrow & Sobel, P. C. FAX NO. 303 831 8482 P. 02/06
•
WOODROW & SOBEL, P.C.
ATTORNEYS AT LAW 1660 Wynkoop Street,Suite 1100
Denver,Colorado 80202
Telephone: 303.296-1400
WAY Facsimile:303-296-1924
weowmcwua€pweodrow.sobeLcow E-mail: law@woodrow-sobel.com
June 1, 2005
Via Telefax and U .Mail
(303) 466-1838
Darwin Horan
Melody Homes/DR Horton
11031 Sheridan Boulevard, Suite A
Westminster, Colorado 80020
Re: Weld County Application PZ-1071
Township 3 North,Range 68 West
Section 33_ SE/4(portion)
Weld County, Colorado
Dear Mr. Horan:
This letter is in response to an application for development for certain property in
Weld County described as a portion of the SE/4 of Section 33,Township 3 North,Range 68
West("property"),among other property,that MelodyHomes/DR Horton("Melody Homes")
proposes to develop and that is the subject of a hearing before the Weld County Planning
Commission on June 21.
This law firm represents Anadarko Land Corp.("Anadarko Land'),formerly known
as Union Pacific Land Resources Corporation, with respect to the proposed surface
development of the Property.Anadarko Land owns all of the coal that underlies the Property.
As you may know from experience, Anadarko Land typically enters into
arrangements with surface developers for the disposition of its coal and/or hard rock minerals
in cases where such hard rock mineral development will be precluded because of surface
development. The disposition of the hard rock minerals can range from a mineral deed to a
long term nondevelopment lease to a relinquishment of surface rights.
EJI*�
6A
2005-2867
0726/2005 10:43 3034686705 TERRAVISI0N5 PAGE 03/03
JUN-01-2005 WED 04: 17 PM Woodrow & Sobel, P, C. FAX NO. 303 831 8482 P. 03/06
Darwin Horan
June 1, 2005
Page 2
A senior geologist with Anadarko Land has reviewed the Property for coal resource
potential and determined that Anadarko Land at this time does not intend to develop the coal
that underlies the Property. For this reason, Anadarko Land does not intend to object to the
application that is currently pending in Weld County.
It has been the experience of Anadarko Land,however,that surface developers prefer
to resolve potential surface use conflicts with the owners of severed minerals for property
that they propose to develop.If Melody Homes would like to resolve such conflicts for title
or other reasons, Anadarko Land would propose to provide Melody Homes with a
relinquishment of surface right for the coal in exchange for the greater amount of either i)a
minimum transaction fee of$5000; or ii) $50.00 an acre.
This proposal is in line with agreements that Anadarko Land or a predecessor
company has reached with other surface developers under similar circumstances.
Enclosed is the form of relinquishment that Anadarko Land generally provides to
developers.
This proposal is subject to final management approval for Anadarko Land.
Please let me know how you wish to proceed in this matter.
Best regards,
WOODROW&SOBEL,Pt.
Molly Sommerville
MS/sa
Enclosure
cc: Don Ballard
08/09/2005 10: 00 3034686705 TERRAVISIONS
PAGE 02/02
FROM DR HORTON - MELODY SERIES (TUE) 8. 9' 05 9:34/ST. 9:26/140. 4853156887 P 2
, tnet*a &+ l e.-' .
' - iliellilij Series
- August.9; 2005-,. ....
•
Molly Sommexvllle;Esq.
Woodrow&Sobel,'P.C.
1'669'RI . . .
Y�op St.,Ste 1100
. Aenveir CO &0202 : . .-
•
Re.. • Adler.Estates
Weld County App1feauon PZ-ji 7.1
SE/4 of Seetiott 33,T3)4,1tti8 W
Weld County, CD
In response to yaut letter dated June 1 2
. .. Horf- In:reso n Senes
> QO5, Meiodyomes;Inc.,.dba B: R-
: ( Melod
surface-ri Y°d,ayo,L Irnd to pursue obi
ts•ficona your:client, Ar7adatp LaIId,. ,.
auung a rcliag7,iahme'nt'gf , .
As you are pmbably awaFe,Mel
pro erty is a 94y 40es not yet'own'rfic subject property, the
• p urrently'under contract, with Thtelosmg to occur upon•Melody's.recelpt of
- final plat approval. We would like to enter into aa.
the su&ace rights for the 7rtinimurtt' a ernent with Anadarko•fo p7uld be
transacts fee.0135;000 and such.
contra ent upon Melody's Pur'chass•ofthe subject• purchrig would be
pwellsse to'.he;11'4-rusted within thirty '
hir'ty(39)-,clays After
M l with subject
property
. ` )'• Ysafper Melody.acquiresahe subject
be substantiallyase imilar e a h' ' • maUJn'fok:myreview,whit - ,
..Please right purClui cs:which hive occurred be-tweed
e
PP 7ablG docuane
clients: Dior 4urfaeeri t h!1 will;
' _ ... .. .; e cruttd betwo eii OIIt" '.:..
lfyou have any'questions,.pfease feel'.free to.cin tact me: ..
.
•
Sincere{y,
fJc
',Land Accgttsition:Attomep .
Cc Linda Swearnan-Iting
.. •
• EXHIBIT
.. '.. . .... ,l• ..' • .1 .. .
.. .. • .. ." 17x31'cheidan aauk�:aida Wtllm13, ..• ...
www.mdaiylivin .tVm•q. Nf20.(30.�'466-1871•Fax(XIS)A60-17338
H /AfhottnrlCOl0r7ldn.oim ,
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS August 2, 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, Voneen Macklin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR PZ-1071 IN THE A (AGRICULTURAL) ZONE DISTRICT.
Voneen Macklin
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD �/}
The foregoing instrument was subscribed and sworn to me this j V day of / Y 4-, 2005.
WITNESS my hand and official seal. J
otary Public
My Commission Expires: `"1�/ 6 (4.
EXHIBIT
Low
-FROM 7R HORTON - MELODY SERIES (WED) 8. 10'.05 14:35/ST. 14:34/NO. 4863156000 P 2
D*HUI IUN
Antedrira- Sint •
-- Meli Series
August;l0, 2005
James P. Wason
Director of Lands Denver Basin
Ken-McGee Rocky Mountain Corporation
1999 Broadway, Suite 3600
Denver, CO 80202
Re: Agreem co
mpany by and between Kerr-McGee Gathering LLC,
a Coloradolimited liability pa. y and Kerr-McGee Rocky Mountain
Corporation(collectively "KM")and Melody Homes,Inc.; a Delaware
corporation d/b/a D.R.Horton-Melody Series(°Melody") concerning certain
real property located in the NE and SE Quarters of Section 33,Township 3
North,Range 68 West and the SW Quarter of Section 34,Township 3 North,
Range 68 West, Weld County, Colorado(the"Property")
Dear Jim:
As a follow-up to the meeting of August 4,2005 with KM and representatives of Melody,this
letter shall serve as notice to KM of Melody's agreement to: (1)pay the cost of directionally drilling
six (6)wells in the locations both on and:off of the Property as discussed at the aforementioned
meeting, at a cost of$110,000.00 per well, in accordance with the terms of the Agreements; (2)pay
the cost of relocating the existing pipelines located in the Northeast Quarter of Section 33 of the
Property to the new alignment as indicated at the meeting, at an estimated cost of$293,189.00,in
accordance with the terms of the Agreements; and(3)prepare and provide legal description exhibits
to the Agreements and working diligently with KM to finalize mutually acceptable Agreements.
Upon your receipt of this letter,we ask that KM issue a letter to Melody indicating that the
Agreements have been agreed to in concept and are now circulating between the parties for final
modification and the parties anticipate that they will be completed shortly. Please feel frec to contact
me if you have any questions regarding the matters discussed above.
Sincerely,
MELODY HOMES, INC.
t.Gt.
/Janice Kelly
,and Acquisition Attorney
cc: Linda Sweetman-King
Cathy Leslie
David L. Kuosman,Esq.
EXHIBIT
11031 Sheridan Hrnilev:.n3•Westminster,CO 9(1020•(303)466-1831•Fax_(303) 166-1838
www.rnelndyliring.com•w.ww.drhnrtoncokeado.cum
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Message Page 1 of 2
Cathy Leslie
From: Miller, Matthew[MMiller2@kmg.com]
Sent: Thursday, November 11,2004 4:44 PM
To: Cathy Leslie
Subject: RE: Adler Property
Cathy, thanks for your patience.
As for the set-backs, we would need to have at minimum distance of 150 feet from a well head, and 200 feet from
a production facility. You can use these as a general guide. We want to keep all the community assets
(playground facilities, picnic benches...etc)out of the defined oil and gas operations areas. I do realize that it is
somewhat of a moving target right now until we determine the exact locations of all wellheads and faciltities. You
can probably work around this by giving us some extra clearane- if possible.
Thanks, Matt.
----Original Message---
From: Cathy Leslie [mailto:Cathy.Leslie@ttrmc.com]
Sent: Thursday, November 11, 2004 7:54 AM
To: Miller, Matthew
Subject: RE: Adler Property
Hi Matt,
r
Did you by any chance hear back yet?
Cathy
Catherine A. Leslie, P.E.
Project Manager,Associate
Tetra Tech RMC, Inc.
1900 S.Sunset St., Ste 1-F
Longmont, CO 80501
tel: 303.772.5282
fax:303.665.6959
cathv.leslie(Wttrmc.com
www.tetratech.com
From: Miller, Matthew [mailto:MMiller2@kmg.com]
Sent:Thursday, November 04, 2004 4:57 PM
To: Cathy Leslie
Subject: RE: Adler Property
Cathy,
I am sure you can use a vacuum to do the potholes. Just coordinate that w/Jim Philips (303.655.4343). I
will get back with you about the set backs. I will get with Chris Greneaux and see what he recommends.
I am out tomorrow, but will get back with you early next week.
Thanks, Matt.
EXHIBIT
11/12/2004 + -
Message
Page 2 of 2
-----Original Message
From: Cathy Leslie [mailto:Cathy.Leslie@ttrmc.com]
Sent: Tuesday, November 02, 2004 2:12 PM
To: Miller, Matthew
Subject: Adler Property
Hi Matt:
I have a couple of questions for you:
1. When we have the gaslines located,we may need to pothole them to determine depth. Is
this an issue as long as we coordinate with your staff? Also, may we use the vacuum
potholes versus the traditional backhoe potholes?
2. Do you have any restrictions on how close playground equipment(i.e. swingset)can be to
the oil/gas well? What are Kerr McGee's required setbacks for that type of equipment, in
addition to the setbacks for buildings?
That is it for now. We are relooking at the lot layout so wanted to make sure that things are spaced
appropriately.
Do you need anything from us at this time?
Thanks
Cathy
Catherine A. Leslie, P.E.
Project Manager,Associate
Tetra Tech RMC, Inc.
1900 S. Sunset St.,Ste 1-F
Longmont, CO 80501
tel: 303.772.5282
fax:303.665.6959
cathy.leslie a ttrmc.com
www.tetratech.com
Important Notice!!
If you are not the intended recipient of this e-mail message, any use,distribution or copying of the
message is prohibited.
Please let me know immediately by return e-mail if you have received this message by mistake,
then delete the e-mail message.
Thank you.
Important Notice!!
If you are not the intended recipient of this e-mail message, any use, distribution or copying of the
message is prohibited.
Please let me know immediately by return e-mail if you have received this message by mistake,
then delete the e-mail message.
Thank you.
11/12/2O04
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2767 Yew Drive
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AWeyerhaeuser Phone 970.613 0200 A Fax 970.613.0201
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AUG-16-05 16:01 FROM-BJ0RK LINDLEY LITTLE PC +3038021401 T-018 P.001/002 F-603
BJORK . LINDLEY . LITTLE . l>c
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16OO Stout Street • Suite 14OO • Denver • Colorado 80202
Telephone: 3O3-892-14OO • Facsimile: 3O34392-i 4O1 • www.o)orlcindley.com
PETER A. BJowt T -or counKl
LAURA LtNOLEY *w,n.+a cow
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FACSIMILE TRANSMISSION
CONFIDENTIAL
DATE: August 16,2005
TO: Planning Commission
COMPANY: Weld County Planning Commission
FAX NO.: 720-652-4211
FROM: Christopher G.Hayes
MESSAGE: Please see attached letter dated August 16,2005.
NUMBER OF PAGES: (Including Cover Sheet) 2
ORIGINAL TO FOLLOW: yes_x_ no
PLEASE CHECK THE TRANSMISSION AFTER THE LAST PAGE. IF YOU ARE NOT RECEIVING ALL PAGES
OR HAVE ANY PROBLEM WITH THE TRANSMISSION,PI FACP CALL THE OPERATOR IMMEDIATELY AT
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THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS
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EXHIBit
AUG-16-05 15:02 FROM-BJORK LINDLEY LITTLE PC +3038021401 T-018 P.002/002 F403
BJORK • LINDLEY • LITTLE • Pc
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August 16, 2005
VIA FACSIMILE AND U.S. MARL
Weld County Planning Commission
4209 CR 2414
Longmont,CO 80504
Re: Adler Estates—Hearing for Change to PUD
3N-68W, Sections 33 and 34
Dear Planning Commission:
Ken-McGee Rocky Mountain Corporation ("KMRMC") is the owner of valid oil and gas
leases underlying all or part of the Adler Estates Development, for which DR Horton is seeking
PUD approval. KMRMC and DR Horton have been negotiating a Surface Use Agreement, the
tcrms of which will govern the parties' simultaneous use of the subject property. KMRMC does
not object to the change of zoning for which DR Horton is applying. However, the parties have
not yet concluded an agreement, and KMRMC therefore requests that the Planning Commission
withhold final plat approval of this PUD application until the parties execute and record a surface
use agreement.
Very truly yours,
O j L . ' PC
Christo, erG. yes
COH:jad
cc: James Wason
Terry Enright
1 Roo STOUT 9n WDT•SUITE 1400•Denvrw,Cd.oRADo 80202
TELEPHONE:303.802-1400•PARSDRu.E;3o34EpZ-1401 •wwwbJorklineley.com
f MEMORANDUM
111k TO: Planning Commissioners 8/15/2005
COLORADO FROM: Chris Gathman - Planner II C.4
SUBJECT: Revisions to PZ-1071 comments
Planning Staff recommends the following changes to staff comments:
Page 5 (Section 27-2-40 — Paragraph #2): amend this paragraph to read as follows:
"The Department of Planning Services is requiring that building setback envelopes be
designated within this subdivision per the attached conditions of approval. The
applicants are proposing to vary from the R-1 offset requirement of one (1) foot for each
three (3) feet of building height by proposing a minimum five (5) foot clear zone with an
additional 2.5 foot zone to include any appurtenances (counter forts, eaves...)"
Page 6 (Section 27-2-40 -- Paragraph #3): The applicant has also proposed a deviation
from the 350-foot setback for oil and gas production facilities as required for R-1 (Low
Density Residential) uses under Section 23-3-160.F of the Weld County Code.
Proposed lots and playground facilities will be setback a minimum of(200) two-hundred
feet from existing oil and gas production facilities.
(This setback is based on correspondence from Kerr-McGee re: setbacks).
Page 9 (Item G — Paragraph #1): The Colorado Geological Survey, in their referral letter
dated May 16, 2005 indicated concerns with groundwater/drainage on the site (referring
to a supplemental Geotechnical Investigation by Terracon (12-14-04), and a letter and
map regarding the Groundwater Management/Soil Treatment of the Adler Property by
Terracon (1-17-05). Their referral states, "Groundwater was found at depths of 2 to 13
feet throughout the property. Terracon recommends against basement construction in
the center of the property due to shallow groundwater. This should be on the plat notes
and be a condition of plat approval. The site specific subsurface investigations should
note depth to groundwater and make recommendations for subsurface construction."
This is addressed through the attachod conditions of approval.
The engineering report dated December 14, 2004 and subsequent letter dated January
17, 2005 from Terracon indicates that an underdrain system will be installed within the
subdivision to draw down the water table. In addition, fill will be placed in areas of
shallow groundwater to provide a minimum 1-3 foot clearance between the groundwater
table and the bottom of the basements. Perimeter drains are planned around all
basements.
SERVICE,TEAMWORK,INTEGRITY,QUALITY IT
Page 12 (Item 1.6) Should be removed.
Page 13 (Item 4.1) should be amended to read: County Road 26.5 is classified as a
collector roadway which requires 80-foot of right-of-way.
Page 13 the following condition (Item 4.J) should be added: "The wellhead setback
radius' as indicated on the plat shall be amended from 300-feet to 200-feet."
SERVICE,TEAMWORK,INTEGRITY,QUALITY
August 16, 2005 LAND rM ARCHITECTS
.•"'& perspective balance a subsidiary of
land architects international
Mr. Chris Gathman
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Adler Estates PUD Change of Zone Application,Response to Planning Staff
Report Items
Dear Chris:
This letter is intended to provide clarification to the items we are requesting a variance
for as it relates to the R-1 zoning criteria, and to request that particular items be changed
and/or removed from the staff report that we feel are incorrect or irrelevant.
Variances from R-1 Zoning:
1. Applicant Requests a minimum size of 5,500 s.f for single family residential lots.
2. Applicant requests residential side yard setbacks be 5 feet in width as opposed to
the bulk\plane requirements.
3. Applicant requests a 200' setback from oil/gas facilities to residential lots and
recreational amenities including trails, sport courts/fields,restrooms, and
playground facilities.
4. Applicant requests that livestock animal units and/or associated kennel facilities
be prohibited in the Adler Estates PUD.
5. Applicant requests that carport and/or parking areas be prohibited on residential
lots within the Adler Estates PUD.
6. Applicant requests the Adler Estates PUD be allowed the proposed signage
concept that is in excess of the allowable signage area per Code (23-4-80).
Requested changes to Planning Staff's report:
1. P.6, B, 27-2-40; Change to... "Proposed lots will be setback a minimum of(200)
two—hundred feet from existing oil and gas production facilities."
2. P.7, B, 27-2-200; Remove sentence stating... "The Final Plat application will
be heard by the Board of County Commissioners for final approval and
action."
'B1�Mi1
L rs
land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., Ste. 130, Highlands Ranch, CO 80129
www.landarchitects.net phone (303) 734-1777 • fax (303) 734.1778
3. P.7, C; Remove note referencing City of Longmont referral comment regarding
setback from Liberty Gulch. The Applicant has addressed this concern in the
Sketch Plan process and in the Change of Zone, Specific Guide Narrative.
4. P.9, G; Remove note referencing Colorado Geological Survey(CGS)referral
comments regarding groundwater and drainage. The Applicant has addressed this
concern through a second submittal to the CGS which supplied a supplemental
report and letter explaining measures that will be used to mitigate the concerns.
5. P.12, 1, B; Remove item B that states... "The applicant shall submit building
elevations indicating the height of each proposed housing model." This item
is no longer necessary as it has been determined that the side yard setbacks will
not be determined by the height of the residential structure.
6. P.12, 2, E; Remove note referencing City of Longmont referral comments as the
Applicant has addressed the concern in the Sketch Plan process and in the Change
of Zone, Specific Guide Narrative.
7. P.12, 2, F; Remove note referencing County Sheriffs referral comments as the
Applicant has addressed the concerns in the Change of Zone submittal.
8. P.12, 2, G; Remove note referencing Longmont Soil Conservation District referral
comments as the Applicant has addressed the concern in the Change of Zone
submittal.
9. P.12, 2, H; Remove note referencing Colorado Geological Survey referral
comments as the Applicant has addressed the concerns in the Change of Zone
submittal.
10. P.12, 2, I; Remove note referencing Colorado Geological Survey(CGS) referral
comments as the Applicant has addressed this concern through a second submittal
to the CGS which supplied a supplemental report and letter explaining measures
that will be used to mitigate the concerns.
11. P.13, 4, I; Change to... "County Road 26 is classified as..."
12. P.14, 5, I; Provide further clarification for"...shall be signalized."to define a
flashing light and signage at pedestrian crossings, not to be confused with a
signalized vehicular traffic intersection.
13. P.15, 5, O; Remove part of item O that states... "... to determine compliance
with the Bulk Requirements from chapter 23 of the Weld County Code."
This item is no longer necessary as it has been determined that the side yard
setbacks will not be determined by the height of the residential structure.
14. P.15, 5, R; Change to... "... in the form of additional lanes on the north and
south legs of the intersection of County road 7 and State Highway 66..."
15. P. 16, 5, AA; Remove part of item AA that states... "... maintenance of open
space, streets, private utilities..."Local streets will be maintained by the county.
16. P.16, 6, A; Change to... "The volume must be conducted as the 2-year storm with
a 24-hour drain time, or other approved system."
On behalf of the applicant, I would like to thank the county for consideration of this
project. Please do not hesitate to contact me with any questions you may have.
Sincerely,
Joshua L. Rowland
Associate, Land Architects Inc.
-r
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