HomeMy WebLinkAbout20040185.tiff x . 13 . 3994 1 23AM West Greeley Law Center No • 494
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1 * * * Transmission Result Report (MemoryTX) ( Jan . 13 , 2004 11 :04AM 1
West Greeley Law Center
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D'wi5, CdA.hr a S-cle;w.>,'1Z'][-, 1[_I-IC_
g Artmise3-a Ana Counselors At law
S vacsinnia_s TRANSMITTAL SHEET
The informetion contained in this facsimile message is privileged and confidential
I Informattlon intended pray for the use of the in dwiduel and/or entity named below. If Lie reader of this massage Is not the intended recipient, or the employes or agent responsible
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Jr YOU HAVE ANY'PRCHLEMS F2CSIVIINIC070- 30-$FAGS/AA/LS
T`F7ANSMlSS/ON, PLEASE CALL H70-33o_B7do.
TO: Kim Ogle
FAX No_ 970/304-6498
9 FROM: Fred L_ Otis
DATE: Januairy 13, 2004
is
NO_ OF PAGES:
I...ra.alea n...a.Mr slam:
COMMENTS: Schlichenmayer
Attached Is a copy of the Statute we dismissed regarding the waiver requested on the
minerals
row nixie aviators% 1a13 96le Aknµq G.celley.Cotoreae a0634 af0 /- `3 I j Ta1�phre a: 270-410-.5700 Fan; 910_390-?969 ,5eecc 303-659_7576 £iai1:gotia@ocyip,.,coolI TTO
EXHIBIT
LAS #145th
Iuc-n5.t-5ut tjuveniment-Stare 9 'Di Notification ut Surtaue Development. 24-65.5102
, Source:L. 74: )e article added,p. 349,$ 1,effective May 17. )ay.reviews.For comment,"Regionalism or Denial of permit applications did )onsti-
.,.focitiatism The Land Use Planner's Dilem- tote abrogation of enter'home rule powers to
Law reviews.For article,"Synthetic Fuels— novo under this section does not take on the ma",see 4S U.Colo.L.Rev.175(1977). operate extrateuitorial water works under art.
Policy and Regulation",see 51 U.Colo.L Rev. meaning applied in the review of judicial or Permit procedure under is section,which is XX, 9 1, of the state constitution. Colorado
465 (1980). For article, "Cumulative Impact quasi-judicial proceedings: trial anew ou the effectuated by local government regulations,is Springs v.Eagle County Bd. of County Cont-
Assessment of Western Energy Development: merits;rather,it constitutes a review of qua- reasonably designed to achieve the general m'rs,895 P2d 1105(Colo.App.1994).
�l 911 it Happen?",see 51 U.Colo.L Rev.551 bons of illegatity or impropriety on the part of assembly's power to regulate the manner of General assembly Intended the permitting
- 980). the local government.Colorado Land Use Can,. r effecting an appropriation or diversion of water process ender this section to apply to utility pro-
a Subsection(3)held constitutional.Colorado m'n Sc Board of County Comm'rs,199 Colo.7, through legislation.City&County of Denver v. ' jects that involve designated activities of state
Land Use Comm'n v. Board of County Coin- 604 P2d 32(1979). Boani of County Comm'rs,760 P.2d 656(Colo. interest and 9 30-28-110 to apply to any other
m'rs,199 Colo.7,604 Pad 32(1979). Applied in Board of County Cornm'ts v.Die App.1988),aff'd,782 P.2d 753(Colo.1989). utility project.Colorado Springs v.Eagle Coun-
' Caustreviews questions of illegality or kept*. trier Court,632 P2d 1017(Colo.1981). If a proposed project fails fo satisfy even one ty Bd.of County Comm'rs,895 P.2d 1105(Colo.
rn'fefy ou local government's part. Review do criterion contained in the applicableregulations, App.1994).
the permit must be deified.Colorado Springs v. Applied in C&M Sand&Gravel v Board of •
z PART 5 Eagle County Bd.of County Comm'rs,895 P.2d County Comra'rs, 673 P.2d 1013(Coin. App.
• 1105(Colo.App. 1994). 1983).
PERMITS FOR DEVELOPMENT IN AREAS • 24.65.1.502, Judicial review, The denial of a permit by a local government agency shall
OR STATE INTEREST AND FOR CONDUCT OF be subject to judicial review in the district court for the judicial district in which the major
ACTIVITIES OF STATE INTEREST development or activity is to occur.
24.66,1-501. Permit for development in area of state interest or to conduct an activity Source:L 74:Entire article added,p.351,§ 1,effective May 17.
of state interest required. (1) (a) Arty person desiring to engage in development in an Applied in Board of County Comm'is'v I)is-
area of state interest or to conduct an activity of state interest shall file an application for a. ' bier Court,632 P2d 1017(Colo.1981). !�
permit with the local government in which such development or activity is to take place. • �/ 00-
_pt.
The application shall be filed on a form prescribed by the Colorado land use commission. a,ieRTICLE 6a ltjA reasonable fee determined by the local government sufficient to cover the cost of pro •
-
y1t ,,,,,,///cessing the application,including.the cost of holding the necessary hearings,shall be paid at ei ' f Surface Developmentth(t)me of regg such nt of par g. J �(b) The requirement of paragraph(a)of this subtseclion(1)that a public utility obtain 24-65.5-S0L. Iagialative deciatatloa-intent. 24-6S.S-1U3. Notice ro
a permit shall not be deemed to waive the requirements of article 5 of title 40,C.R.S.,that 24-65.5-102. Definitions. 24-65.5-104. Enforcement
a,public utility obtain a certificate of public convenience and necessity.
- (2) (a) Not later than thirty days after receipt of an application for a permit, the local 24-65.5.10L Legislative declaration-intent. The general assembly recognizes that the•
.vernment shall publish notice of a hearing on said application.Such notice shall be pub- surface estate and the mineral estate are separate and distinct interests in real property and
" hed once in a newspaper of general circulation in the county,not less than thirty days nor that one may be severed from the other:The general assembly further recognizes that if the
3▪ are than sixty days before the date set for hearing,and shall be given to the Colorado surface estate and mineral estate are severed,the owners of these estates shall be entitled
—' ad use commission.The Colorado land use commission may give notice to such other per- to the notice specified in section 31-23-215 or 34-60-106(14).CR.S.It is the intent of the
ns as it determines not later than fourteen days before such hearing, general assembly that this article provide a streamlined procedure for providing notice to
c' (b) If a person proposes to engage in development in an area of state interest or to con- owners of mineral interests concerning impending surface development.Further,it is the
CD ict an activity of state interest not previously designated and for which guidelines have intent of the general assembly to include local governments in the notification process with-
�'4 been adopted,the local government may hold one hearing for determination of desig- out creating additional liabilities for local governments.
c f tion and guidelines and granting or denying the permit
4-- (c) The local government may maintain a mailing list and send 1i e-orhearings relat- Source;L, 2001•Entire article added,p.486,$ 2,effective July I.
to permits in a manner similar to that described in section --6655,1-404(2)(b).
(3) The local government may approve an application for a permit to engage in Bevel- 2445.5-102. Definitions. As used in this article,unless the context otherwise requires:
eminent in an area of state interest if the proposed development complies with the local (1) "Applicant"means a person who submits an application for development to a local
governments guidelines and regulations governing such area.If the proposed development government.
-
es not comply with the guidelines and regulations,the permit shall be denied. (2) "Application for development"means an application for a preliminary or final plat mt
▪(4) The local government may approve an application for a permit to conduct an activ- for a Sglftiivisiem,%planned unit development, or any other similar land use designation
'"•of state interest if the proposed activity complies with the local government's regulations that is used by a local government"Application for development"includes applications for
- d guidelines for conduct of such activity.If the proposed activity does not comply with general development plans and special use permits where such applications are in anticipa-
u,e guidelines and regulations,th8 permit shall be denied, - 4ton of new surface development,but does not include building permit applications,appli-
-T(5) The local government conducting a hearing pursuant to this section shall: cations'm 'a cchange of use for an existing structure,applications for boundary adjustments,
o(a) State,in writing,reasons for its decision,and its findings and conclusions;and applications for platting of an additional single lot,applications for lot site plans,or appti-
'(b) Preserve a record of such proceedings. cations with respect to electric lines,natural gas pipelines,steam pipelines,chilled and
- (6) After May 17,1974,any person desiring to engage in a development in a designat- _ other water pipelines,or appurtenances to said lines or pipelines.
- area of state interest or to conduct a designated activity of state interest who does not (3) "Local government"means a county;a home rule or statutory city,town,or city and
- lain a permit pursuant to this section may be enjoined by the Colorado land use corn- county;or a territorial charter city.
ssion or the appropriate Local government from engaging in such development or con- (4) "Mineral estate"means a mineral interest in real property that is shown by the real
lecting such activity. estate records of the county in which the real property is situated and that is not owned as
part of the full fee title to the real property.
Source:L 74:Entire article added,p.350,$I,effective May 17.
739 'JJ Iv 1110 LILIIOI 1111 atm at: lie YL-Np weal 44�JJ.-1100 '
(5) "Mineral r 11 owner"means the owner or lessee of a mineral estate underneath a Editors note:Subsection(1.5), the introductory poctioa to subsection(2)(a),and tions
surface estate that Abject to an application for development. ,�(a)(I),(2)(b),and(6)were contained in a 2002 act that was passed without a safety dal— - or fur-
(6) "Surface estate"means an interest in real property that is less than full fee title and ther explanation concerninglthe effective date,see page vii of this volume.
that does not include mineral rights as shown by the real estate records of the county in
which the real property is situated - Law reviews.For article,"Tension Beneath Between Surface and Mineral Estates",see 30
,(7) "Surface owner"means the owner of the surface estate and any person with rights the Surface: The Evolving Relationship Colo,taw 67(December 2001).
-
der a recorded contract to purchase all or part of the surface estate. 24-65.5-104. Enforcement. (1) Mineral estate owners entitled to notice pursuant to •
O dour=L 2001:Entire article added, p. 486, §2,effective duly 1.L. 2002:(2) and (4) section 24-65.5-103 or 31-23-215,C.R.S.,shall have standing to enforce the notice require-
amended,p.891,§1,effective August 7. ments of those sections and,subject to the provisions of subsection(2) of this section, to
make claims as may be available at law or equity for noncompliance.
m ?Atone note:Subsections(2)and(4)were contained in a 2002 act that was passed without a safety (2) If no mineral estate owner or agent has filed a request for notification form pur-
tie.For further explanation concerning the effective date,see page vii of this volume. suant to section 24-65.5-103 (3),in determining those mineral estate owners entitled to
notice pursuant to section 2s-65.5-103 or 31-23-215, C.R.S.,any surface owner required to
z -provide such notice shall be entitled to rely on a listing of such parties prepared by an attor-
24-65.5-103. Noticerequiremeots. (I) Not less thas{,t}ti>yy days-liefore the date sched. ney licensed to practice law in the state of Colorado,a title insurance company licensed to
uled for the initial public hearing by a local government on an application for development, do business in the state of Colorado, a certified professional landman certified by the
the applicant shall send notice,by first class used,to: American association of professional landmen,or a title insurance agent licensed in such
(a) The mineral estate owner.Such notice shallcontain the time and- lace of the initial capacity by the state of'Colorado.The provisions of any law to the contrary notwithstand-
the t subject or ing,if a surface owner provides the required notice in a timely manner to a party named in
the hearing;and the of Ili c" - - - - - - such listing or whose identity is disclosed in a request filed pursuant to section 24-65.5-103
(b) The local government co st ermg the application for development.Such notice (3)at the address of such party as that address appears in such listing,such party shall be
shall contain the name and address of the mineral estate owner. deemed to have constructively received the required notice,and the surface owner shall be
(1.5) If an applicant files more than one application for development for the same new deemed to have otherwise complied with the notice requirements of sections 24-65.5-103
surface.development with a focal government,the applicant shalt only be required to send and 31-23-215, C.R.S. In such event, the surface owner shall not have any liability to any
notice pursuant to subsection(1)of this section of the initial public hearing scheduled for mineral estate owner or other party deemed to have constructively received such notice for
the first application for development to be considered by the local government.Local goy- - any legal or equitable remedy or relief arising from,in connection with,or otherwise relat-
ernments shall,pursuant to section 24-6-402(7),provide notice of subsequent hearings to ing to the application for development,any development activities commenced on the sur-
-
mineral estate owners who register for such notification. face of the real property,any inability or impediment or other hindrance to drilling opera-
,!?) (a) The applicant shall identify the mineral estate owner by examining the records dons or other development of the mineral estate or any portion thereof,or any actual
11J be office of the county clerk and recorder of the county in which the real property is failure to receive any notice required by section 24-65.5-103 or 31-23-215,CRS.,unless:
c ited. Notice shall tie sent to the last-known address of record of the mineral estate (a) Prior to final approval of the application for development by the local government,
c_, ter if the records in the office of the county clerk and recorder establish: a mineral estate owner provides written notice to the surface owner and to such local gov-
3 ) The identity and address of record of the owner of the mineral estate;or moment setting forth the nature of any objection such mineral estate owner may have to
ee.I) That an applicable request for notification form pursuant to subsection(3)of this the approval of such development application, in which event such mineral estate owner
J ion is of record;or and all other parties may seek any legal or equitable remedy or relief that may be available
11) That the mineral estate owner has recorded an instrument satisfying,any applica- to such parties;or
dormant mineral interest act. (b) (I) A mineral estate owner commences an action in a court of competent jurisdic-
d t) lf such records do not identify any mineral estate owners,including their addresses lion seeking compensatory monetary damages prior to the later of the following to occur:
— :cord,the applicant shall be deemed to have acted in good faith and shall not be sub- (A) One year after the final approval of the application for development by the local
" to further obligations under this article.The applicant shall not be liable for any errors government;or -
,-. missions in such records. (B) Sixty days after the earliest to occur of the commencement of development activi-
a>) A mineral estate owner or mineral estate owner's agent may file in the office of the ties with heavy equipment or the posting of the surface of the real property with notice that
uaty clerk and recorder of the county in which the real property is located a request for the local government has given final approval of the application for development, which
notification form that identities the mineral estate owner's mineral estate and the corre- posting shall be made in the manner that would be required by the local government to
spending surface estate by parcel number and by section,township,and range numbers. . provide notice of an application for a change in zoning classification, but, in all events,
Q clerk and recorder shall file request for notification forms in the real estate records for i which posting shall be made facing,and reasonably visible from,all public roads abutting
aunty and shall also keep an index of request for notification forms. 1 the surface of the real property.
.v ) Local governments shall,as a condition of approval of an application for develop- 1 (11)• Such action shall allege,at a minimum,that:
— i,require the applicant to certify that notice has been provided to the mineral estate I (A) The provisions of section 24-65.5-103 or 31-23-215,C.R.S.,require notice to have
owner pursuant to subsection(1)of this section. I been sent to such mineral estate owner;and
O -
A mineral estate owner may waive the right to notice under this section in writing (B) The required notice was not sent to such mineral estate owner in compliance with
o to applicant the requirements of section 24-65.5-103 or 31-23-215,C.R.S.
) Before completing the sale of a mineral estate,a mineral estate owner who has (III) If the mineral estate owner commences such an action in a court of competent
r, ived notice as the owner of the mineral estate of a public hearing with respect to an jurisdiction on or before the-last day described in subparagraph (I) of this paragraph (b),
— ication for development pursuant to this section shall notify the buyer of the mineral such mineral estate owner may seek to recover compensatory monetary damages in con-
c .e of the existence of the application for development. nection with the failure of the surface owner to provide the notice required by section 24-
65.5-103 or 31-23-215,C.R.S.,but such mineral estate owner shall-not be entitled to recov-
aource:L 2001:Entire article added,p. 487, § 2,effective July 1. L 2002: (1.5) and (6) er special,punitive,or other extraordinary damages,nor shall such mineral estate owner be
added and IP(2)(a),(2)(a)(1),and(2)(b) amended,p.892, §2,effective August 7.
I entitled to any equitable remedy or relief. A finding by such court that the allegations of
5-101 Government-Stale 936 937 Planned Unit Development Act of 1972 24-67-IO2
mineral estate own j�ribed in subparagraph(11)of this paragraph(b)ore accurate )The Colorado land use commission may designate as an area of critical pia. 1 •
materially complete 0.4dll be a condition precedent to the recovery of any such corn_ nee° any area in the state which is experiencing the lack of land use plans to provide ade-
atory monetary damages by such mineral estate owner. quately for its planning needs and in which the Colorado land use commission finds;
I If a surface owner certifies to the local government that such surface owner has (a) Problems related to inntidequate land use planning,such as overtaxed utilities,traf-
nlied with the notice requirements of section 24-65.5-103 or 31-23-215, CRS.,and no ilc congestion,water pollution,poor accessibility,or natural or man-made hazardous cir-
- state owner has provided the written notice required by paragraph (a) of subset- cnrnnstances;or
>f this section to the surface owner and to the local government,no development , (b) Land development forces which may have a significant impact on the area,require
ye.cd activities contemplated by the application for development, no permit or other extensive public investment,or represent an adverse effect upon a natural resource.
oval by such local government,and no permit or other approval by any other local gav-
e, or agency that approves or permits such development or related activities or any Source:L. '71:p.1069,§ 1. C.R.S. 1%3:§106-5-3,
ereof shall,subsequent to the final approval of such application,be rescinded,cur. •
'rotated,or otherwise restricted in connection with any purported noncompliance 24-66-104. Relmhursement. (1) Any municipality, county, or regional planning
o notice requirements of section 24453-103 or 31-23-215,C.R.S.,that may be agency which has received approval from the Colorado land use commission under section
zuy any party. 24-66-103 and has also received the approval of the governor shall receive planning aid
funds not to exceed two-thirds of the estimated total actual costs which will be incurred in
urce L 2001:Entire article added,p.488,§2,effective July 1. L 2002;IP(2)amend- carrying out an approved work program, •
.892,§ 3,effective August 7. (2) The state-local planning aid fund shalt be administered by the Colorado land use
Ifor4 note:The introductory portion to(2)was contained is a 2002 act that was passed without a commission,which shall authorize payments to municipalities,counties,and regional plan-
alma agencies on the basis of vouchers approved by the Colorado land use commission.
.clause.Fer further explanation concerning the effective date,see page vii of this volume.
(3) The Colorado land use commission shall review the progress of all work programs
• on a monthly basis according to procedures prescribed by the commission.Payments shall
• ARTICLE 66 be made on the basis of the work completed as prescribed by the commission,either by full
Planting Aid Miami Governments _ payment for the first two-thirds of the estimated total actual costs that are incurred or by
two-thirds payment of all estimated total actual costs that are incurred.Any right to pay-
-101. Short title. 24-66-103. Phoning aid fund-qualification. meets under this section shall,in any event whatsoever,be subject to the limitations of sec
fion 24-66403 3).
-102 Legislative declaration- 24-66-104. Reimbursement (4) The state-local government planning aid fund may receive and utilize gifts and
66401. Short title. This article shall be known and may be cited as the"Colorado , grants from private or federal or other governmental sources in addition to moneys appro-
a, Aid Fund Act". priated by the general assembly.
• :L. 7E p. 1069,§1.C.R.S. 1963:§106-5-1. Source:L 71:p. 1070,§ 1. C.R.S, 1963:§106-54.
U .
RD. Legislative declaration. The general assembly finds and declares that the ARTICLE 67
J.wth and development of the state has resulted in demands for land use planning Planned Unit Development Act of 1972
statewide but also in cities,towns,counties,and regions throughout the state;that
' I these units of local government may not be financially able adequately to plan for • 24-67-101. Short title. 2467-106- Enforcement and modification of
or rids of such growth;and that,in order to provide for necessary planning assistance 24-67-102. Legislative declaration. provisions of the plan.
e nits of local government,it is the intention of the general assembly to establish a 24-67-103. Definitions. 24-67-107. Application and construction of
co dImplementation government planning aid fund. 24-67-105. Standards a article.
conditions far 24.67-108. Model resolutions-subdivisions-
c.' :L IF p. 1069,§ 1.C.R.S. 19631§106-5-2. . phoned unit development. improvement notices
24-67-105.5. Review of planned unit develop-
mom' -
-66-]03. Planning aid fund-goalffication. (1) There is hereby created in the office
e state treasurer the state-local government planning aid fund.There shall be credited 24.67-101. Short title. This article shall be known and may be cited as the"Planned
!, Q rid such moneys as may,from time to time,be appropriated by the general assent- Unit Development Act of 1972".
-.r trposes of this article.
`" loneys in the state-local government planning aid fund shall be available to manic- Sourest L. 72:p.508,§ 1.C.R.S. 1963:1 106-6-1.
- Counties,and regional planning agencies Which: Law reviews, For article, "1974 Land Use Applied in C&M Sand&Gravel v.Board of
.:are located in areas designated by the Colorado land use commission as areas of Legislation in Colorado",see 51 Den.L.J.467 County Commis, 673 P.24 1013 (Colo. App.
o !arming need; (1974).For article, "Local Government Exec- 1983); Beaver Meadows v. Board of County
o lave been designated by the Colorado land use commission as in need of planning lions from Developers After Beaver Meadows', Comm'rs,709 R2d 928(Colo.1985).
`v d see 16 Cob.Law.42(t987). .
- ave submitted and agreed to a specific work program which has been approved by -
`r'rado land use commission,including an estimated total cost,for the use of plan- 24-67-102. Legislative declaration, (1) In order that the public health,safety,integri-
Is. - ty,and general welfare may be furthered in an era of increasing urbanization and of grow-
• n no event shall any municipality,county,or regional planning agency receive from ing demand for housing of all types and design,the powers set forth in this article are grant-
p rifling aid fund nor shall the Colorado land use commission or the state become ed to all counties and municipalities for the following purposes:
: for any moneys in an amount in excess of two-thirds of the estimated total costs of (a) To provide for necessary commercial,recreational,and educational facilities conve-
.pecific work program approved by the Colorado land use commission- niently located to such housing;
CAROL Harding - RE: Docket#2004-12 Page 1
From: "Baldwin, Joe L" <BaldwJL@LOUISVILLE.STORTEK.COM>
To: "'Charding@co.weld.co.us"' <Charding@co.weld.co.us>
Date: 1/21/04 4:20PM
Subject: RE: Docket#2004-12
> Honorable Weld County Commissioners
> Lloyd & Sheila Schlichenmayer have been our neighbor for 5 or 6 years. No
> one in our entire neighborhood has worked harder to improve our
> neigborhood than Lloyd & Sheila. They are a credit to us and we
> completely and fully support them in their application. We pray for your
> approval without reservation.
> Best and warmest regards,
> Joe Baldwin
> Global Delivery Manager
> Storage Architecture and Infrastructure
> 303.665.4535 (voice)
> 303.665.1121 (fax)
> Joe_Baldwin@StorageTek.com (Email)
> StorageTek
EXHIBIT
' : 1950
Weld County Planning Department
GREELEY OFFICE
JAN °2 1 zoom
RECEIVED
Ocs OTIS, COAN & STEWART, LLC
■ ■
Attorneys And Counselors At Law
Fred L. Otis
flotts@ocslaw corn
January 19, 2004
Weld County Commissioners
PO Box 758
Greeley, CO 80632
Ms. Monica Daniels Mika
Director
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: USR Application 1450, Loyd & Sheila Schlichenmayer
Lot B of RE 761; part of SW4 Section 6, Township 1 North, Range 68 West
of the 6`" P.M., Weld County, Colorado
Dear Commissioners and Director Mika:
Please consider this letter a request pursuant to Section 23-2-260A of the Weld County Zoning
Code for a determination by the Director of Planning Services or the Board of County
Commissioners that an affidavit of mineral owners is unnecessary for a decision on the
referenced application.
Last week, I received a call from Kim Ogle, Weld County Planning Department, asking for an
affidavit of mineral owners pursuant to Section 23-2-260(10). After receiving the call from Mr.
Ogle, and at his request, I telephoned Assistant Weld County Attorney Lee Morrison and
reminded him that my September 9, 2003, transmittal letter with the referenced USR Application
requested a waiver of the affidavit and certified list of mineral owners.
While I understand neither the Director of Planning Services nor the Commissioners have made
a determination this requirement is unnecessary for a decision on the USR application, I have not
received any notice from anyone after my September 9, 2003, letter, until last week, that a
mineral notification would be required or that my request was denied.
The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303.659-7576 E-Mail: OCSLaw@ocslaw.com
EXHIBIT
C
O
January 19, 2004
Page 2 of 2
Simply put, the filed USR Application is to change the use of an existing building, and,
therefore, there are no new uses of the surface beyond the customary setbacks from the building
that would cause a mineral owner/lessee to loose its right of development. The state statute
(C.R.S. 24-65.5-101 et seq.) clearly creates an exception where there is no new surface
development. Accordingly, the Schlichenmayers are requesting the Director of Planning
Services and/or the County Commissioners waive the County requirement (Section 23-2-
260(10)).
After speaking with Lee Morrison on January 15, 2004, I called and left a message for Bill
Crews at Crews & Zeren (Crews and Zeren being the only credible local source of mineral
research). Mr. Crews has yet to return my telephone call. Shiela Schlienmayer called Cindy
Zeren today and was told it would take at least two weeks to start a mineral search.
As an alternative, in an effort to obtain some information on the development of minerals in the
area, I researched the Colorado Oil & Gas Conservation Commission website and determined
there is an operating well in this quarter section known as "1 Bearden", Well No. 05-123-09764
which is operated, according to the county assessor's records, by EnCana Oil & Gas (USA) Inc.,
c/o Logan and Firmine, Inc., 333 West Hampden Avenue, Suite 740, Englewood, Colorado,
80110 and 950 17th Street, Suite 2600, Denver, Colorado, 80202-2828. My research indicated
EnCana may also have addresses at: EnCana Energy Resources, Inc., 950 17th Street, Suite
2600, Denver, Colorado, 80202-2828, and EnCana Energy Resources, Inc., 1313 Denver
Avenue, Fort Lupton, Colorado, 80621.
Mr. and Mrs. Schlichenmayer respectfully request that either notice be given to EnCana at the
above addresses in satisfaction of Section 23-2-260(10), or the requirement be entirely waived.
In the event you agree that notice to the above addresses is satisfactory, I would appreciate the
Clerk sending the notices as soon as possible so the hearings will not have to be delayed or
rescheduled.iSincer ly,
Li /Kit,
Fred L. Otis
FL0:mas
xc Mr. and Mrs. Loyd Schlichenmayer
Mr. Kim Ogle
Weld County Planning Department
Mr. Lee Morrison
Assistant Weld County Attorney
MEMORANDUM
TO: Weld County Board of Commissioners January 23, 2004
winkFROM: Esther Gesick, Deputy Clerk to the Board
COLORADO SUBJECT: Phone Inquiry re: USR #1450 - Schlichenmayer
Buneeta Samek, 5213 Buffalo Road, Erie, Colorado 80516, called at 10:00 a.m. on January 23,
2004, and stated she has no concerns with this application.
EXHIBIT 11 0- 19 t
OC S OTIS, COAN & STEWART, LLC
■ ■
Attorneys And Counselors At Law
Fred L. Otis
tlotis@ocslaw.com
January 29, 2004
Weld County Commissioners
PO Box 758
Greeley, CO 80632
RE: USR Application 1450, Loyd & Sheila Schlichenmayer
Lot B of RE 761; part of SW4 Section 6, Township 1 North, Range 68 West
of the 6th P.M., Weld County, Colorado
Dear Commissioners:
It is my understanding a hearing in the referenced matter is scheduled before you on February 4,
2004.
This is a request that you continue the hearing to February 18, 2004, since I will be out of the
country February 4, 2004.
My clients have advised they will personally appear to request continuance to February 18, 2004.
Sincerel
F ed L. Otis
FLO:mas
xc Mr. and Mrs. Loyd Schlichenmayer
Mr. Kim Ogle
Weld County Planning Department
Mr. Lee Morrison
Assistant Weld County Attorney
The Doyle Building, 1812 56'h Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 E-Mail: OCSLaw@ocslaw.com
EXHIBIT
I Z
6r5t�#1 yS'+5
ft MEMORANDUM
�. TO: Board of County Commissioners
COLORADO DATE: February 4, 2004
FROM: Kim Ogle, Planning Manager
SUBJECT: Schlichenmayer, USR-1450
do Fred L. Otis, Otis, Coan & Stewart
1812 56'Avenue, Greeley, CO 80634
Request for Continuance
The Department of Planning Services has received a letter from Fred Otis of Otis, Coan &
Stewart, LLC, requesting a date specific continuance of February 18, 2004. Mr. Otis states in
his letter dated January 29, 2004 that he will be out of the country and would be unable to
attend the February 4, 2004 hearing.
The Department of Planning Services is in support of the request by Mr. Otis for case number
USR-1450, a Site Specific Development Plan and a Special Review Permit for a single family
dwelling unit (other than those permitted under Section 23-3-20.A) in the A (Agricultural) Zone
District, until February 18, 2004.
.
% >
t a *ri a x t''
r jPJ
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS JANUARY 23, 2004 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 TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A
SPECIAL REVIEW PERMIT FOR A SINGLE FAMILY DWELLING UNIT (OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A) IN THE A (AGRICULTURAL) ZONE
DISTRICT. LOYD AND SHEILA SCHLICHENMAYER, APPLICANTS, IN THE AGRICULTURAL
ZONE DISTRICT.
KIM OGLE
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 LA day of r h E l 2004.
WITNESS my hand and official seal.
Notary Public
My Commission Expires: L-{ ; (L
PL1702
2004-0185
Large Map Located in Original File
Not Scanned
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