HomeMy WebLinkAbout20042518.tiff fees MEMORANDUM
W `,P 0,. TO: Board of County Commissioners August 18, 2004
COLORADO FROM: Jacqueline Hatch:
SUBJECT: PZ-629 (DalMar Estates) Dallas and Marjorie Schneider
The applicants for PZ-629, Dallas and M�fprScneider c/o Clayton Harrison for Pickett
Engineering have submitted the attache agreement with Kerr-McGee Oil and Gas, a letter
dated July 8, 2004 regarding the agreement with K.P. Kauffman Company, Inc, an e-mail to (pc E x (I )
Jacqueline Hatch from Clayton Harrison with Pickett Engineering dated March 16, 2004 and a (sib s)
letter from K.P. Kauffman Company, Inc. dated March 4, 2004. The applicant has addressed
1.A and 1.B of the staff comments regarding Oil and Gas agreements that were required to be
completed prior to scheduling the Board of County Commissioners hearing.
Thank you
OMIT
2004-2518
Weld C- planning Department
! El OFFICE
0 9 2004
7. , LIVED
July 8, 2004 PE . .. _,. -
PICKETT
ENGINEERING, INC.
Jacqueline Hatch
Weld County Planning
1555 North 17th Avenue
Greeley, Colorado 80631
RE: K.P. Kauffman Surface Use Agreement
PZ-629, DalMar Estates PUD
PEI No. 01-034
Dear Ms. Hatch:
As you are aware, we have been pursuing a Surface Use Agreement (SUA) with K.P. Kauffman
Company, Inc. (KPK) for the above project. Our conversations with KPK began in late 2002 and
we received the first copy of the SUA in February 2003. KPK has one oil and gas well and a
short flowline on the property near the middle of the project and adjacent to Dalmar Road.
During these years, we have had many conversations with KPK about their issues with the
subdivision of the property. As I indicated in my March 16, 2004 email to you—prior to the
Planning Commission Meeting for the Change of Zone—KPK was asking for a 150' setback
from Dalmar Road. Our response to their request was to adjust the road so that it was no longer
within the setback.
We have now heard from KPK that they have an additional request. They do not want any
property lines within the setback. We understand that their concern is that homeowners will
build fences in the setback. The SUA and, subsequently, the covenants for the Subdivision, have
language that disallows property line fences in the setback. The SUA is a binding agreement
between the current and any future property owners. The only solution acceptable to KPK is to
have us redesign the subdivision to remove the property line from the setback. This solution is
not acceptable to the developer; thus, we are at an impasse.
In accordance with your May 3, 2004 letter, prior to scheduling the Board of County
Commissioners meeting, you asked that we either provide a copy of the signed SUA or show that
an adequate attempt has been made to mitigate the concerns of KPK. As indicated above, we
have acted in good faith to mitigate the concerns of KPK.
Please place DalMar Estates on the schedule for the Board of County Commissioners meeting
and let me know when the hearing will be.
Sincerely,
PICKETT ENGINEERING, INC.
R. Clayton Harrison, P.E.
Vice President
RCH/pkg
cc: Alex Goiran, Grant, Grant & Goiran LLP 117-7
Dallas Schneider, developer
808 8th Street — Greeley, CO 80631
Phone (970) 356-6362 -- Fax (970) 356-6486 ,
KERR-M"GEE ROCKY MOUNTAIN CORPORATION
1999 BROADWAY,SUITE 3600•DENVER,COLORADO 80202
PHONE:303-296-3600
FAX:303-296-3601
August 25, 2004
Clerk to the Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Public Hearing Notice - Docket#: 2004-82
Applicant: Dallas and Marjorie Schneider
Township 2 North, Range 68 West, 6th P.M.
Section 30: Lot B of RE-2293, part of the NE/4 (the "Property")
Weld County, Colorado
Dear Clerk to the Board:
Kerr-McGee Rocky Mountain Corporation ("KMRMC") is in receipt of the
Notice of the public hearing to be held on September 15, 2004 on the above matter. This letter is
to inform you that KMRMC and the applicant have executed a Surface Use Agreement regarding
the Property and therefore has no issues or objections to the Change of Zone from A
(Agricultural) to PUD (Planned Unit Development).
Thank you for your consideration and if you have any questions, please contact me at
720-264-2627.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
6741/7z.
Christopher J. Greneaux171 7Landman
4.8 1811-
. rya
FROM : Flying Piglet Ranch. FRX NO. : Sep. 14 2004 10:47RM P2
Flying Piglet Ranch
677 Weld County Road 18
Longmont, CO 80504
gyp? z (303)'. s - V8.5-(7O`//
September 12, 2004
Board of Count Commissioners
Weld County, CO •
Docket #: 2004-82
•
Dear Sirs or Madams,
•
We are very concerned about the proposed Change of Zone from Agricultural to the
Planned Unit Development for nine lots with Estate uses. If this is allowed to happen
we will loose yet one more open area that is rich in wildlife habitat and is one of the
reasons why people choose to live in this area. More and more there is less and less
Country - Open Space - Farmland. There comes a time when we have to start saying
no to turning our precious resources into more new houses. Soon there will be
nothing left.
There is also.. the extremely practical side to this issue, water or lack thereof. We are
unable to maintain our properties for livestock etc. with the limited water resources.
We don't for see this situation Improving any time in the near future. Even with the
improved drought conditions this year we must remember that this just one year and
by no means are we out of the drought. As long as demand continues to increase,we
lessen our chances of maintaining our existing quality of life. Again this is why we ask
you to say no to the proposed zoning change.
We are truly concerned for all of our precious resources. Have you recently looked to
see the "brown cloud" that is becoming our new neighbor? You Can know longer look
in this area and.not see its ever growng presence. It absolutely amazes us that in the
12 years we have lived here how much has been lost to "development." There are
various school groups etc. that come to the Flying Piglet Ranch to meet and learn
about the different animals that are here at the ranch. Asa thank you, the kids draw
pictures about what they saw or liked most about their visit and send them to us . It
would be a crime if those pictures were to one day show a development of estate
homes as the background Instead of mountains and pastures.
We certainly hope you will take our concerns into consideration not just for us but for
the future generations that could know the quality of life this area can offer. Thank you
for considering our comments.
• Sincerely,•
2uoC � k
LI
imiti
Bobby Waddle EXHIBIT
N
1)s
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS I/02(3y 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST T IF EE DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR Pe_oil IN THE AGRICULTURAL ZONE DISTRICT.
QUaS(.n Nb �i}-T Gtr
Name of Person Posting Sign
Signature erson Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this ay of �'()u ,C�r , 2004.
WITNESS my hand and official seal. J
iotary Public 1 G�
\J «, w ea: if � r
My Commission Expires: \ '°eti, r'�f
4 .
•
•
H0T10E '
- :tear 4.?
Aiy yy�i
ilk
;v
li e',
4 1'ittiii):ti . ;;:ilojifitn{it- I rtfitc:.
41
r•
Hello