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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 t 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 )u ox..wc:a\ann-aen•aca\a.y\F t*.\w..anus umSrs" war urour:a6 WI'6�1 ', 6�x T� a WELD COUNTY ROAD 28 Ti ii -- ---g— — a 8 � : m E9 e N E 1 A II OQ 1 Q I I I { ra�0 mill op A r m rpri_i 1 I : 1 1 II I ] , � C I z g I I � I �� I 'I g6 a I o a N P gi ₹ 3m 2 f/ 1 I c - WELD COUNIY ROAD 28 ADLER ESTATES ' 'TETRATECHRMC GAS EASEMENT EXIBIT SUNSET STREET man F - c c W rreatmcegpy 3d W Z � -� U >- d H ca a. cf) En a, 4-4 V C V CO Z = Q in m r--: VD up u� W 0 i ° � a. 7 r BOB BROWN Technical Representative 2767 Yew Drive Coo Business Phone Colorado 80538 AWeyerhaeuser Phone 970.613 0200 A Fax 970.613.0201 dQ • \rt lat .' AUG-16-05 16:01 FROM-BJ0RK LINDLEY LITTLE PC +3038021401 T-018 P.001/002 F-603 BJORK . LINDLEY . LITTLE . l>c r-- LAwreas 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 DAVID R. Lrrruz *Alma HtlflUIT%In Mc a or Cdu my KUar M. Penvesga ROBERT C. MATHES to Mary B. Scns a t JILL S.Ginae CarasToorarn G. HAves• Arta M. EAS-rnurw+ 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 (303)892-14OO. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,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 inn THE U.S.POSTAL SERVICE. THANK YOU. EXHIBit AUG-16-05 15:02 FROM-BJORK LINDLEY LITTLE PC +3038021401 T-018 P.002/002 F403 BJORK • LINDLEY • LITTLE • Pc LAWYER$ PETER A.L1or& 1sUNA Lamy •Of Counsel aroni DAND R.IJTriu Comm Ku1T M.PETERSEN •A1 TM DJ$etl n wyomv e ROBERT C.MATmD:' Aiso a0mluED n no 0940 d CDEnibb [MAIN B.Somme Au.S.CAE se CwUQronew C.limes* AM M.FAS-munte • 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 Hello