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Home My WebLink About20031738.tiff Weld County Planning Department GREELEY OFFICE ead Town of Mead JUL 1 0 2003 44P.O. Box 626 Street RECEIVED Mead With•a A Big Lillie Future" Mead,Colorado 80542-0626 With a big Future" (970)535-4477 • July 3, 2003 Ms. Monica Daniels-Mika Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley. CO 80631 .i -L., Dear Monica and Kim: This letter is the Town of Mead's reply to the follow-up referral transmittal on the LifeBridge Christian Church project, particularly with regard to the subsequent receipt of the June 2002 traffic study that is otherwise referred to in other portions of the petitioner's docket. Thank you for the opportunity to comment on this matter so close to the hearing date of July 9, 2003, owing to the juxtaposition of the Town Board meeting schedule to the County's desired reply dates for this hearing. The Town Board in consultation with staff have reviewed the transmittal, but in particular, the various issues involved with traffic. The Town is primarily concerned with the apparent assumption and/or methodology of the petitioner's traffic consultant that traffic flows from the project will travel east-west on SH 119 or WCR 26. We could find no indication that any analysis of northbound traffic was conducted, or at least it was apparently assumed to be negligible anywhere else except on WCR 1. This is illogical. WCR 5 is a direct route north out of the project's boundaries and traffic could also access VCR 7 north via «'CR 26. Admittedly these are gravel roads at present, which inhibits traffic counts, but they will not remain so forever, and with the scale of development proposed for the project, some flow north is logical regardless of driver convenience perceptions of gravel roads. In addition, WCR 7 is now signalized at SH 66, which induces its use. Furthermore, the congregation's members cannot all live only in Longmont or in the MUD or communities to the east served by SH 119. The Town believes that there will be some impact on Mead that should be quantified. The Town requests that the petitioner's traffic consultants should be required to address northbound traffic, and this work should then be checked by the County's traffic engineer. In addition, the County should require some form of proportionate improvement to northbound roads in the vicinity of the project. Requiring the paving of only WCR 26 is probably insufficient compared to the impact involved. El EXHIBIT • 0}77114“ 0-a)0 3- /73V Ms. Daniels-Mika and Mr. Ogle July 3, 2003 Page 2 Please enter this letter into the public record for the hearing. If you have any questions, please let me know. Sincerely, ezL. / Michael D. Friesen Town Administrator Weld County Planning Department GREELEY OFFICE Westec MAY 2 3 2003 Construction Management g Company 11409 BUSINESS PARK CIRCLE,SUITE 300•FIRESTONE, CO 80504 • 303- . 36 3 31 May 20, 2003 Mr. Kim Ogle Weld County Planning Dept. -1771 1555 N. 17th Ave. Greeley, CO. 80631 Re: Life Bridge Development Plan Dear Kim, As a property owner and business owner in the Weld County I-25 MUD, I would like to take time and offer a few of my comments regarding the above mentioned project. First of all I applaud any and all efforts to bring a sense of community to this area. The diversity that this project proposes is a step in the right direction. The area needs more development that brings in structures and amenities that are of higher quality and more architecturally pleasing. Another one story industrial park or cement plant is contrary to building what could be a beautiful parkway into Longmont. (i.e. Harmony Road, Ft. Collins). Secondly I would like to address the recent comments that criticize this project for the burden it puts on infrastructure. As a builder and developer myself it is us and developments like this that help pave the way for growth. Life Bridge will be extending utilities into the area at their expense which will in turn make it affordable for additional peripheral development that , developed responsibly, can enhance the area further. Once again you have my full support behind this project and future projects of this nature. If you should need to talk to me further please don't hesitate to call. Sincerely, WESTEC CONSTRUCTION MANAGEMENT COMPANY ,.2 , Del Lukasiewicz `� President EXHIBIT TIT Path:Westec/Letters/Del/LifebridgeWeldproj.wpd /Z*toy 07-08-03 15:11 Fran-OTTEN JOHNSON ROBINSON NEFF i RAGONETTI 303 825 6525 T-701 P.001/032 F-826 OTTEN, JOHNSON, ROBINSON, NEFF & RAGONETTI, P.C. ATTORNEYS AND COUNSELORS AT LAW 95o SEVENTEENTH STREET DENVER SUITE 1600 ASPEN DENVER, COLORADO 50202 STEAMBOAT SPRINGS TELEPHONE 303-825-8400 BRUCE B. JOHNSON FACSIMILE 303-825-6525 (1946-2000) www.ottenjohnson.com DATE:July 8,2003 DELIVER To: Esther Gersick FACSIMILE No.: 970-352-0242 COMPANY: Clerk to Weld County Board of PHONE No.: 970-356-4000,ext. County Commissioners 4226 FROM: Debra S.Kalish SENDER'S DIRECT DIAL: 303-575-7525 TOTAL NUMBER OF PAGES(INCLUDING THIS COVER SHEET): 33 FILE No.: 12234-001 IF YOU DO NOT RECEIVE ALL PAGES,PLEASE.CALL 303-825-8400 AS SOON AS POSSIBLE COMMENTS: Dear Ms.Gersick, Please accept the attached documents for submission to the BOCC for tomorrow's continued public bearing on the LifeBridge Christian Church Change of Zone application. Thank you for your kind attention to this matter Debra S.Kalish,Esq. Counsel to LBCC The information contained In this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. 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. U you have received this communication in error,please immediately notify us by telephone, and return the original of this transmittal to us at the above address via the U.S.Postal Service. Thank you. Fax Operator J EXHIBIT P' *root-( DEBRA S. KALISH DIRECT DIAL 303-575-7525 DKALISH@OJRNR.COM July 8, 2003 Mr. Kim Ogle Weld County Department of Planning Services Weld County Administrative Services 1555 N. 17th Avenue Greeley, CO 80634 Re: LifeBridge Christian Church, Change of Zone Application, Accommodation of Oil and Gas Interests Dear Kim: LifeBridge Christian Church("LifeBridge") will be before the Weld County Board of County Commissioners (the "BOCC") again on July 9, 2003, for the continuation of the May 7, 2003, public hearing on its Change of Zone application for its 313-acre property located in Southwest Weld County(the "Property"). Over the two-month period between the initial public hearing in May and the continued meeting in July, LifeBridge has worked to resolve the issues raised during the May public hearing and to address several of the conditions of approval recommended by the Weld County Planning Commission. It is our position that LifeBridge has previously taken the steps necessary to satisfy Conditions l.B. ("Condition 1.B.") and 2.A ("Condition 2.A") of Resolution PZ#1004 (the "Rezoning Resolution"), conditions that track the mapping requirements of the Weld County Code, and that LifeBridge has now satisfied Condition 1.G of the Rezoning Resolution ("Condition 1.G"), regarding the accommodation of oil and gas interests. Finally, if in the future, LifeBridge fails to adequately address the interests of the mineral owners, those owners have an adequate remedy at law for breach of their leases. There is no need for the BOCC to require more of LifeBridge at this time. Mapping of Existing Facilities Condition 1. B. requires that: 1. Prior to recording the Change of Zone plat: Kim Ogle July 8, 2003 Page 2 B. The Change of Zone plat shall meet all requirements of Section 27-9-201 of the Weld County Code. Condition 2.A. requires that: 2. The plat shall be amended to include the following: A. The proposed locations of the oil and gas drilling envelopes and the existing oil and gas facilities on site, including all easements associated with these facilities. Section 27-9-20 is one of four ordinances in the Weld County Code that address the required mapping of oil and gas activities on the site within the development approval process. Sections 23-2-6902 and 27-5-303 govern PUD District change of zone applications. ' Sec.27-9-20.Change of zone and final plat map requirements. The following criteria are required for the change of zone and final plan plat associated with the PUD process: The change of zone and final plan plat map shall be in drawing ink on Mylar(not sepia)at a scale of one(1)inch equals one hundred(100)feet,one(1)inch equals two hundred(200)feet or a scale approved by the Department of Planning Services,composed of one(1)or more sheets with an outer dimension of twenty-four(24)by thirty-six (36)inches,showing the following information: J. The location of any existing easements,rights-of-way, structures and uses within the PUD development, including oil wells,tank batteries, irrigation ditches, water bodies,railroad tracks or dwellings. 2 Sec.23-2-690.PUD District application submittal. The following completed information, data and maps are required for a PUD change of zone district. B. Planned Unit Development District Plat.A PUD District plat shall be delineated in drawing ink on Mylar(not sepias)at a scale of one(I)inch equals one hundred(100) feet or one(1)inch equals two hundred(200)feet, composed on one(1) or more sheets with an outer dimension of twenty-four(24)by thirty-six(36) inches, showing the following information: 8. The location of any existing easements, rights-of-way, structures and uses within the PUD District, including oil wells, tank batteries, irrigation ditches,water bodies,railroad tracks or dwellings. [Emphasis added.] 3 ARTICLE V PUD Change of Zone: Step Two Sec.27-5-30.Requirements for submittal. The following items are required for submittal of the PUD change of zone: C. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County(or adjacent County)Clerk and Recorder,and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Kim Ogle July 8, 2003 Page 3 Section 27-7-30° governs PUD District final plans. Section 27-9-20 explains the components of change of zone and final plat maps. Each of these ordinances require applicants to submit a PUD District Plat that shows: the location of any existing easements, rights-of-way, structures and uses within the PUD District, including oil wells, tank batteries.... (Emphasis added.) LifeBridge has complied with these mapping requirements by showing both the oil and gas drilling envelopes and the single existing facility and pipeline on the property. There are no easements associated with the existing facility. See Project LifeBridge PUD, Oil Drill areas, August 27, 2002, attached hereto as Exhibit A. Exhibit A was submitted as a part of the LifeBridge Change of Zone application. Accomodation of Oil and Gas Interests Condition 1 G., a condition which must be met before the Change of Zone plat can be recorded, states, Evidence of an agreement, or evidence that the proposal has accommodated oil and gas concerns, shall be submitted to the Department of Planning Services. To the extent that Condition 1.G. requires evidence that the proposal has accommodated oil and gas concerns, this condition is not entirely consistent with the requirements of the Weld County Code. Sections 23-2-505 (change of zone application) and 27- D. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Clerk and Recorder,or from an ownership update derived from such records of a title or abstract company or an attorney. E. A change of zone plat as described in Section 27-9-20 of this Chapter. H. A copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site,OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. °Sec.27-7-30.Requirements for submittal. The following completed information is required for the final plan. The Director of Planning Services has the discretion to waive information not deemed necessary by the Department of Planning Services. P. A final plan plat map in compliance with Section 27-9-20 of this Chapter. 5 Sec.23-2-50.Application requirements for Change of Zone. B.The following information shall be submitted on an application form which may be obtained from the Department of Planning Services: Kim Ogle July 8, 2003 Page 4 5-30 (application for change of zone to PUD) each require that the applicant for a change of zone submit an agreement with mineral owners associated with the property stating that oil and gas activities have been adequately incorporated into the design of the site, or provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the property. It is LifeBridge's position that it has adequately incorporated oil and gas interests into its design by setting aside the appropriate number of drilling envelopes on the site and by showing appropriate setbacks surrounding suggested drilling sites within those envelopes. Alternatively, this letter serves as our submission of written evidence that LifeBridge has made an adequate attempt to mitigate the concerns of the mineral owners on the Property. In order to meet the condition of adequately incorporating oil and gas activities into the design of the site, LifeBridge first mapped drilling envelopes in accordance with Colorado Oil and Gas Conservation Commission ("COGCC")regulations. See Exhibit A. See further, COGCC Rules 318 and 318A, attached hereto as Exhibit B. LifeBridge has now also met with representatives of each of the two oil and gas companies with a leasehold interest in the Property in order to determine how best to accommodate these interests and is engaged in ongoing discussions regarding that accommodation. Patina On Tuesday, June 10, 2003, Barb Brunk of Tetra Tech RMC and I met with Dave Siple, Vice President of Land for Patina Oil and Gas Corporation ("Patina"). Prior to the meeting, we provided Mr. Siple with a proposed Agreement Concerning the Accommodation of Oil and Gas Interests, attached hereto as Exhibit C. During that discussion, Mr. Siple agreed to provide us with a copy of Patina's standard surface agreement. After a follow-up phone call on June 24th, Mr. Siple provided us with the standard surface agreement, attached hereto as Exhibit D. We also discussed the possibility of buying out some or all of Patina's three potential drilling sites on the Property. Mr. Siple promised to speak with us again during the week of June 30, 2003, after his engineers had had a chance to calculate the value of the oil and gas reserves on the Property. In a phone conversation with Mr. Siple this morning(July 8, 2003), he advised me that he expected to receive information from the engineers regarding the value of the reserves in the next day or two. When asked about doing an agreement that was less specific than Patina's standard surface agreement, he stated that Patina has never entered into a more general agreement regarding the accommodation of oil and gas interests and preferred to enter into specific surface agreements, which his company would be willing to do in this case. Patina's position as of today, is that there is currently no agreement with LifeBridge, but Patina and 13.The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site,OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Kim Ogle July 8, 2003 Page 5 LifeBridge are engaged in ongoing discussions regarding the accommodation of oil and gas interests on the Property. EnCana On June 13, 2003, Barb Brunk and I met with Robert Bram (landman) and Dale Hayhurst (operations) of EnCana Oil & Gas (U.S.A.) Inc. ("EnCana"). We discussed well and battery tank site locations,pipelines and the uses that may or may not be located above such pipelines, construction requirements for access roads, and other issues with which EnCana is concerned for the accommodation of its interests on the Property. Mr. Bram agreed to provide us with a sample surface agreement which we could modify to produce a surface agreement with respect to the Property. The intention of those in attendance at this meeting was to develop an agreement before the Board of County Commissioner's continued public hearing on the LBCC Change of Zone application on July 9, 2003. Mr. Bram stated that if we were unable to reach agreement before the public hearing, he would be willing to testify at the hearing that we're engaged in productive discussions, working toward an agreement that reasonably accommodates both parties' interests, and they would support moving the rezoning forward and making the accommodation of oil and gas interests a condition at final plan. During a follow-up phone call to Mr. Bram on June 30, 2003, he again promised to provide us with a sample surface agreement and reiterated his intention to attend the July 9`h hearing in order to advise the BOCC that the parties are working toward reaching an accommodation agreement. After another follow up telephone call on July 7th, Mr. Bram forwarded the proposed Agreement for Cooperative Development, attached hereto as Exhibit E, this morning. We believe this form of agreement, being more general and, in effect, laying out the parameters of future agreements, is more consistent with the current status of the development plan and with what may be required by the Weld County Code. While there is a requirement in the Weld County Code that oil and gas interests be accommodated by surface developers, there is simply no requirement anywhere in the Weld County Code that surface estate owners enter into a surface agreement or that future oil and gas facilities be mapped. The sample surface agreement from Patina(Exhibit D) shows that these agreements contemplate the mapping of future facilities, including the mapping of specific locations for wells, tank batteries and pipelines and the granting of specific easements for pipelines. At this point in the approval process, there is simply not enough detail known about future development, surface or subsurface, to be able to place future facilities of any type on a map, much less to grant easements. Further complicating the present situation is the lawsuit inherited by both LifeBridge and EnCana, which will be argued before the Colorado Court of Appeals on July 15, 2003. In that case, LifeBridge has asked the Court to declare that EnCana has not developed its mineral interests in the Property in a timely manner and, as a result, its lease on the Property should be terminated. There is just one existing, operating well on the Property which was drilled in April 1982. No additional drilling has occurred in the past 21 years. In fact, there is Kim Ogle July 8, 2003 Page 6 evidence in the case, and Mr. Bram has testified before the BOCC, that it is currently not economically feasible to develop the limited remaining reserves. No one can predict at this point when it may become economically feasible to develop these interests. Weld County Code Section 22-5-100, Oil and Gas Goals and Policies, Policy 1.2 states that"New Planned Unit Developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." (Emphasis added.) LifeBridge has provided the appropriate number of drilling sites on the Property to accommodate future drilling in accordance with COGCC rules and regulations and is willing to enter into an agreement with Patina and with EnCana to ensure that they have access to their future facilities and are able to remove their oil and gas from the Property. However, LifeBridge cannot presently enter into an Agreement with EnCana because the lawsuit disputes EnCana's right to continue its lease on the Property. Patina has advised LifeBridge that they would probably not be willing to enter into agreements less detailed than their standard surface agreements. Further Legal Remedy: Breach of Lease Both Patina and EnCana have leases which protect their interests in the subsurface oil and gas without any further protection on the part of Weld County. If LifeBridge was to prohibit the companies' access to remove their oil and gas, the oil and gas companies would have the right to sue for breach of lease based on either an express or implied right of access to their property. Thus, there is no reason for the BOCC to protect the oil and gas companies beyond what is provided in the Weld County Code. Conclusion The Weld County Code provisions regarding the mapping of current oil and gas facilities and the accommodation of oil and gas interests appear to be an attempt to prevent future litigation concerning the disparate interests of surface and subsurface estate owners at the point the surface owners wish to develop their property. To meet the County's requirements, LifeBridge has: 1. Provided both Patina and EnCana with notice of its rezoning, even though it may not have been required to provide such notice at this point, in an effort to engage all interested parties at the earliest possible date; 2. Mapped drilling envelopes and potential drilling sites within those envelopes with appropriate setbacks and shown existing facilities on the Change of Zone plat map; Kim Ogle July 8, 2003 Page 7 3. Engaged both companies in discussions regarding the accommodation of their interests or in the buyout of those interests. LifeBridge continues to be actively engaged in such ongoing- discussions. LifeBridge has met the requirements of the Weld County Code by providing written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the property. If LifeBridge does not follow through with the present ongoing negotiations and fails to adequately address the concerns of these oil and gas companies in its development, both Patina and EnCana have the right to seek an adequate remedy in a court of law. LifeBridge respectfully requests that the Weld County Planning Department recommend to the BOCC (1) that LifeBridge has met the mapping requirements of the Weld County Code and Conditions 1.B. and 2.A. of the Rezoning Resolution; (2) that LifeBridge has either accommodated the oil and gas concerns on the Property or that it has made an adequate attempt to mitigate the concerns of the mineral owners on the Property, satisfying Condition 1.G., and (3) that Conditions 1.B., 1.G. and 2.A. be removed from the Rezoning Resolution. Sincerely, Debra S. Kalish Debra S. Kalish for OTTEN,JOHNSON,ROBINSON, NEFF&RAGONETTI,P.C. 588946.1 DSKALI 07/8/03 4:08 PM cc: Lee Morrison, Esq. Bruce Grinnell Barb Brunk OT-08-03 15:14 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525 11 T-T01 P.006/032 F-826 11 Ii a • mr, R hi III �i _ u Ni m WO L ilc_ i I a J i I(. ,( 0'- 11 111 i I 0 ei 1..^Q.fi \ ) RH1 4c1-1 r \) L-\ X1 ---‘ C : •:. ;r 07-08-03 15:14 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 826 6525 7-701 P.010/032 F-826 ackdo& tS (1) Surface casing shall be run to a depth at least fifty(50)feet below the Fox Has transition zone in wells drilled within Townships 5 South through 5 North, Ranges e5 West through TO West or within Townships 3 North through 5 North,Range 84 West. (2) Want respect to Townships 5 South through 5 North, Ranges 58 West through 63 West,Townships 5 South through 2 North,Range 84 West and Township 6 South,Ranges 65 West through 70 West,in all wells located within are(1)mile of a permitted producing water well,surface casing shall be set to a depth sufficient to protect the deepest permitted producing water well within such one(1)mile area. Said depth shall be at least fifty(50)feet below the depth of the base of the aquifer from which said deepest water well is producing, or fifty(50)feet below the base of the Fox Hills Transition Zone if such deepest water well produces from the Fox Hills Aquifer. Upon the request of the operator,the Director(or the Commission upon appeal)may grant a variance to the requirements of this subparagraph b.upon a showing to the Director,or the Commission upon appeal, that the variance does not violate the basic Intent of said requirements. For such variance purpose,the basic intent of said requirements is stated to be to provide reasonable aquifer protection for the water well(s)which are permitted by the State of Colorado Division of Water Resources and are currently producing in the area potentially affected by the oil or gas well to be drilled. c, Exploratory Wells. For purposes of the D-J Basin Fox Hills Protection Area only, the term exploratory well means any well: (1) Which targets the classically demonstrated zones with limited geographic extent such as channel,bar, valley till and levee type sandstones that were deposited prior to the xbentonite time stratgraphIc event or (2) Which can be demonstrated to be separated from a Itnown producing horizon by a dry hole;or (3) Which can be demonstrated to be targeted to a horizon which is geologically separate from the producing horizon in an offsetting producing well,or (4) Which the Director, or the Commission upon appeal, may define as an exploratory well by variance,it being the basic intent of this definition that the requirements of subparagraph b.not operate to discourage the drilling of high risk wells. 318. LOCATION OF WELLS MI wells drilled for oil or gas to a common source of supply shall have the following setbacks: a. Wells deeper than 2,500 feet In depth. A well to be drilled in excess of two thousand five hundred(2,500)feet in depth shall be located not less than six hundred(600)feet from any lease Tine,and shall be located not less than one thousand two hundred(1,200)feet from any other producible or drilling oil or gas well when drilling to the same coition source of supply,unless authorized by order of the Commission upon hearing. b. Wells less than 2,500 feet In depth. A well to be drilled to less then a depth of two thousand five hundred (2,500)feet below the surface shall be located not less then two hundred (200)feet from any lease line, and not less than three hundred(300)feet from any other producible oil or gas well,or drilling well,in said source of supply, except that only one producible oil or gas well in each such source of supply shall be allowed in each governmental quarter-quarter section unless an exception under Rule 318.c.Is obtained. c Exception locations. The Director may grant an operators request for a well location exception to the requirements of this rule or any order because of geologic, environmental, topographic or archaeologic conditions,irregular sections,a surface owner request,or for other good cause shown,provided that a waiver or consent signed by the lease owner toward whom the well location is proposed to be moved,agreeing that said well may be located at the point at which the operator proposes to drill the well and where correlative rights are protected. If the operator of the proposed well is also the operator of the drilling unit or unapaced offset lease toward which the well is proposed to be moved,waivers shall be obtained from the mineral interest owners under such lands. If waivers cannot be obtained from all parties and no party objects to the location,the operator may apply for a variance under Rule 502.b. If a party or parties object to a location and cannot reach an agreement, the operator may apply for a Commission hearing on the exception location. I. Exemptions to Rule 318. (1) This rule shall not apply to authorized secondary recovery projects. as of March 30,2003 OT-08-03 15:14 From-OTTEN JOHNSON ROBINSON NEFF 6 RAGONETTI 303 826 6525 T-T01 P.011/032 F-826 (2) This rule shall apply to fracture or crevice production found in shahs, except from fields previously exempted from this rule. (3) In a unit operation, approved by federal or state authorities, the rules herein set forth shall not apply except that no well in excess of two thousand five hundred(2,500)feet in depth shall be located less than six hundred(600)feet from the exterior or interior(1f there be one)boundary of the unit area end no well less than two thousand five hundred (2,500) feet In depth below the surface shall be located less then two hundred (200)feet from the exterior or interior(ft there be one)boundary of the unit area unless otherwise authorized by the order of the Commission after proper notice to owners outside the writ area. e. Wells located near a mine. No well drilled for oil or gas shall be located within two hundred (200)feet of a shaft or entrance to a coal mine not definitely abandoned or sealed, nor shall such well be located within one hundred(100)feet of any mine shaft house,mine boiler house,mine engine house,or mine fan;and the location of any proposed well shall insure that when drilled it will be at least fifteen(16)feet from any mine haulage or akway- 31SA. GREATER WATTENBERG AREA SPECIAL WELL LOCATION RULE a. The Greater Wattenberg Area (-GWA") Is defined to include those lands from end including Tovmships 2 South to 7 North and Ranges 61 West to 69 West, 6th P.M. In GWA, operators may utilize the following described drilling locations to drill or twin a well.deepen a well,or recomplete a well and to commingle any or ell of the Cretaceous Age formations from the base of the Dakota to the surface("GWA wells"): (1) A square with sides four hundred (400) feet in length, the center of which is the center of any quarter/quarter section;and, (2) A square with sides eight hundred (800) feet in length, the center of which Is the center of any quarter section- b. Any GWA well in existence prior to the effective date of this rule, which is not located as described above, may also be utilized for deepening to or recompletlon In any Cretaceous Age formation.and for the commingling of production therefrom. c. Where en existing well cannot be utilized for deepening or reeompletion,for reasons including,but riot limited to, differing ownership or wellbore limitations, any new, twinned well shall be located as close to such existing well as is practicable,consistent with sound engineering practice. d. This rule does not alter the size or configuration of drilling units for GWA wells in existence prior to its effective date. Where deemed necessary an operator for purposes of allocating production,such operator may allocate production to an expanded drilling unit with respect to a particular Cretaceous Age formation consistent with the provisions of this rule. e. This rule shall not serve to bar the granting of relief to owners who file an application alleging abuse of their correlative rights to the extent that such owners an demonstrate that their opportunity to produce the Cretaceous Age formations horn the drilling locations herein authorized does not provide an equal opportunity to obtain their just and equitable share of o0 and gas from such formations. f. Subject to paragraph d.above,this rule supersedes all prior Commission drilling and spacing orders effecting the GWA wells. Well location exceptions to this rule shall be subject to the provisions of Rule 318.c. x of March 00,2003 ExJ b; f L AGREEMENT CONCERNING THE ACCOMMODATION OF OIL AND GAS INTERESTS THIS AGREEMENT CONCERNING THE ACCOMMODATION OF OIL AND GAS INTERESTS (this "Agreement") is made as of , 2003, by and among LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation ("LBCC") and PATINA OIL & GAS CORPORATION, a Delaware corporation ("Patina"). WHEREAS, LBCC is the surface owner of that certain parcel of land (the "Property") located on the following real estate, to wit: A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5;THENCE NORTH 89°31'40" EAST 2,696.60 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01°05'48" WEST 2,613.02 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 89°08'41" WEST 856.97 FEET; THENCE SOUTH 00°43'1I" WEST 2,400.49 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09°42'41", CHORD OF SAID ARC BEARS NORTH 87°38'07" WEST 986.99 FEET) A DISTANCE OF 987.17 FEET; THENCE SOUTH 83°36'18" WEST 193.86 FEET; THENCE SOUTH 87°53'26" WEST 190.57 FEET; THENCE SOUTH 86°14'18" WEST 361.50 FEET; THENCE NORTH 70°19'49" WEST 66.65 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.3 'A;THENCE SOUTH 87°37'58"WEST 30.01 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'55" EAST 2,418.11 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 5;THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5, NORTH 00°43'36"EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY RECORDS;THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71°34'28"WEST 546.56 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2,904.90 FEET,A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; THENCE SOUTH 63°14'52" WEST 1,843.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,310.00 FEET,A CENTRAL ANGLE OF 05°18'41",CHORD OF SAID ARC BEARS SOUTH 65°54'13" WEST 121.40 FEET)A DISTANCE OF 121.44 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE, NORTH 01°04'27" EAST 831.70 FEET; THENCE NORTH 68°57'51" EAST 1,252.40 FEET;THENCE NORTH 27°20'44"EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°41'22" EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5;THENCE ALONG SAID EAST LINE,NORTH 00°43'36"EAST 110.75 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING,EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12,1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: 585095 3 DSKALI 07/8/03 4:05 PM COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°43'36" WEST 1,159.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71°35'57" EAST 1,736.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1,398.11 FEET,A CENTRAL ANGLE OF 41°45'31", CHORD OF SAID ARC BEARS NORTH 50°43'12" EAST 995.57 FEET) A DISTANCE OF 1,018.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°31'40" EAST 91.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°33'20", CHORD OF SAID ARC BEARS SOUTH 49°49'17"WEST 1,096.78 FEED A DISTANCE OF 1,123.64 FEET;THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5;THENCE NORTH 00°43'36"EAST 84.67 FEET TO THE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.490 ACRES MORE OR LESS;and WHEREAS, Patina holds a leasehold interest in the oil and gas deposits below the surface of a portion of the Property; and WHEREAS, LBCC has filed a PUD Change of Zone application with Weld County, Colorado; and WHEREAS, the Weld County Code encourages cooperation, coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate; and WHEREAS, the Weld County Code states that New Planned Unit Developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated; and WHEREAS, the Weld County Code states that oil and gas drilling activities should be planned to take into account current and future surface Planned Unit Development and subdivision activities to the extent such development can reasonably be anticipated; and WHEREAS, the Rules and Regulations of the Colorado Oil and Gas Conservation Commission, Rule 318A, Greater Wattenberg Area Special Well Location Rule, ("Rule 318A") applies to the location of oil and gas wells on the Property; and WHEREAS, Rule 318A states that: "operators may utilize the following described drillings locations to drill or twin a well, deepen a well, or recomplete a well and to commingle any or all of the Cretaceous Age formations from the base of the Dakota to the surface ("GWA wells"): (1) a square with sides four hundred (400) feet in length, the center of which is the center of any quarter/quarter section; and, (2) a square with sides eight hundred (800) feet in length, the center of which is the center of any quarter section"; and WHEREAS, LBCC has supplied Patina with a PUD Change of Zone Plat for the Property (the "Change of Zone Plat," attached hereto as Exhibit A) that provides for drilling envelopes located within the four hundred- and eight hundred-foot per side squares; and 585095.3 D.SKALI 07/8/034'.05 PM 2 WHEREAS, LBCC's Change of Zone Plat for the Property also shows the location of existing oil and gas facilities on the site, including gas lines and access roads, the existing gas/oil well, gas/oil separator units and oil tank. AGREEMENT NOW THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The Recitals set forth above are incorporated herein by reference and made a part of this Agreement. 2. The location of existing structures and uses related to oil and gas production, including the existing gas/oil well, gas/oil separator units and oil tank have been depicted on the Site Plan, which was submitted to the Weld County Planning Department as part of the PUD Plan application submittal. 3. Oil and gas activities have been adequately incorporated into the design of the site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year indicated above. LBCC: LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation By: Title: PATINA: PATINA OIL & GAS COMPANY, a Delaware corporation By: Title: 5850953 DSKALI 07/8/034'.05 PM 3 3-07-03 Draft SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT (the "Agreement") is made and entered into this day of , 2003, (the "Effective Date") by and among PATINA OIL & GAS CORPORATION ("Patina"), a Delaware corporation, 1625 Broadway Suite 2000, Denver, Colorado 80202 and ("Developer") , , Colorado . RECITALS A. Developer is the owner or has an option to purchase the surface estate of a acre tract of land of which is located in the /4 of Section Township , Range West of the 6th P.M., County of , State of Colorado (the "Property"). The Property is more specifically described on Exhibit "A-1" attached hereto and made a part hereof. B. The mineral estate in and under the Property is presently subject to valid and subsisting oil and gas leases (the "Leases"), which leasehold interest is owned of record by Patina. The Leases are more specifically described on Exhibit "A-2" attached hereto and made a part hereof. C. Patina's leasehold rights include, among other things, the right of ingress and egress for the purposes of exploration, development, drilling, re-drilling, testing, completion, re-completion, re-entry, deepening, fracturing, re-fracturing, stimulation, reworking, production and maintenance operations associated with oil and gas wells from the surface of the earth to the formation and the associated pipelines and production facilities to be located on the Property. D. Patina currently operates or has the rights to drill the on the Property (collectively the"Well(s)") located off the Property, all in the of Section _, Township , Range West of the 6m P.M., and their associated flow lines and production facilities located on the Property. E. Developer desires to undertake certain development of the surface of the Property, including residential housing, commercial or industrial development. F. Patina and Developer enter into this Agreement to provide for the relinquishment by Patina of certain surface use rights under the terms of the Leases. Patina and Developer enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate of the Property, and to delineate the process by which the parties shall comply with respect to the development of the two estates. NOW, THEREFORE, in consideration of the covenants set forth herein and the mutual benefits to be derived by the parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. NO SURFACE OCCUPANCY AGREEMENT. 1 3-07-03 Draft 1.1. Within fifteen (15) days after the recording of the Final Plat for Phase I, but in no event later than sixty days after the final approval by the Board of County Commissioners of County, CO for Phase 1, Developer shall pay Patina a relinquishment fee in the amount of$ ,000.00 as consideration for Patina's relinquishment of certain surface use rights as set forth in the No Surface Occupancy Agreement attached hereto as Exhibit Upon receipt of the Relinquishment Fee and in contemporaneous exchange for such payment, Patina agrees to execute and deliver to Developer a No Surface Occupancy Agreement covering the Property substantially in the form attached hereto as Exhibit . The No Surface Occupancy Agreement extends to any other leasehold or other oil and gas or mineral interests that may be acquired by Patina with respect to the Property, including rights to lower or different formations than those set forth in the Leases, as set forth therein. If the payment contemplated by this Section 1.1 is not made as specified, and is not thereafter made within fifteen days of written notice of nonpayment to Developer Hills from Patina, this Agreement shall terminate and be null and void. 1.2 Patina does not release, quitclaim or waive, and expressly reserves any right to use the subsurface of the Property to develop the oil, gas and associated liquid hydrocarbons underlying the Property. Use of and access to the subsurface of the Property for purposes of directional drilling is specifically contemplated and Patina does not release any rights incidental to developing the oil, gas and mineral resources underlying the Property by means that do not require occupancy or use of the surface of the Property. Patina shall conduct such directional drilling pursuant to industry custom and in compliance with applicable rules and regulations so that there will be no disturbances of, or damage or hazards to the improvements on the surface of the Property. It is the intent of the parties hereto that there shall be no further use, disturbance, access or occupancy of the surface of the Property, excepting use of the subsurface for directional drilling purposes, after the effective date hereof by any present or future lessee of the Leases. 2. AREA RESERVED FOR OIL AND GAS OPERATIONS. 2.1. Oil and Gas Operations. Patina shall have the continued right to drill, deepen, recomplete, fracture, re-fracture, stimulate and rework the Well(s). In order to provide for such, Developer shall, and does hereby ratify and, to the extent necessary, grant to Patina an easement, to utilize the area depicted and/or described on Exhibit "B" attached hereto and made apart hereof as the "Oil and Gas Operations Area(s)" for the wellsite, production facilities, pipelines and access roads for such operations. The Oil and Gas Operations Area(s) shall be deemed to include the area measuring one hundred fifty feet (150') radius from any well, two hundred feet (200') from any tank or separator, fifteen feet (15') from any pipeline, and the surface area of the fifteen foot (15') access road. 2.2 Oil and Gas Operations Area(s). The Oil and Gas Operations Area(s) shall be reserved and utilized for the exclusive purpose of any and all oil and gas operations by Patina, including, but not limited to, drilling and production activities, workovers, well deepenings, recompletions, fracturing, drilling of replacement wells, and re-fracturing, among other things. 2.3 Pipeline Easements. Patina shall have the right to construct, operate and maintain pipelines on the Property. hi order to provide for such, Developer shall, and does hereby ratify to the extent necessary, grant to Patina an easement, substantially in the form of Exhibit "C", 2 3-07-03 Draft attached hereto and made a part hereof, to utilize the areas depicted and/or described on Exhibit "B" as the "Pipeline Easements". 2.4 Limitation on Use of the Property. Except for the Oil and Gas Operations Area(s) and Pipeline Easements, and access as provided in Section 8, Patina shall not use or occupy any part of the surface of the Property except in the event of an emergency or for necessary incidental and temporary activities. As part of the consideration for this limitation by Patina, of what would otherwise be the right to make reasonable use of any part of the Property in the conduct of their operations, and without limiting the applicability of Sections 14 and 15 below, Patina shall not be obligated to pay, and Developer hereby waives any right to receive, any further surface damage payments, license or use fees, now or in the future, associated with the operations of Patina within the Oil and Gas Operations Area(s) and Pipeline Easements and access. 2.5 Developer shall place no property lines, buildings, structures or improvements of any kind (including streets, sidewalks, curbs and gutters) within the Oil and Gas Operations Area(s) or Pipeline Easements unless agreed to in writing by Patina. 2.6. Without prior written consent from Patina, Developer shall not construct or allow the construction of dwellings or structures intended for human occupancy within sixty (60) feet on either side of the Pipeline Easements except at those locations where the pipeline is to be sleeved. At the locations where the pipeline is sleeved, without the prior written consent from Patina, Developer shall not construct or allow the construction of dwellings or structures intended for human occupancy within twenty-five (25) feet on either side of the Pipeline Easements. 2.7 Waiver of Certain Requirements. So long as Patina's operations have not substantially breached any material terms of this Agreement, Developer waives all setback requirements in Colorado Oil and Gas Conservation Commission ("COGCC") Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of Patina to explore for and produce the oil and gas in accordance with this Agreement. Developer understands that Patina may cite the waiver in this Section 2.7 in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. Developer also agrees that it will not object in any forum to the use by Patina of the surface of the Property consistent with this Agreement and that it will also provide Patina with whatever support in writing they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 3. PRODUCTION FACILITIES. Patina operates or has the right to install tanks, separators or other production facilities located on the Property within the Oil and Gas Operations Area(s) as described in Section 2.1 above. Without the prior written consent of the Developer, Patina shall not locate additional facilities on the Property in the future. Patina shall install and maintain fences, gates and locks reasonably necessary for the security of the Well and/or production facilities in the Oil and Gas Operations Area. Such fences, gates and locks shall be installed at the expense of Developer and maintained at the expense of Patina and shall be of a type and quality selected by Developer and approved by Patina. 3 3-07-03 Draft 4. PIPELINE CONSTRUCTION AND REMOVAL. Developer may request relocation and removal of certain pipelines in the future. In such event, Patina shall install the relocated pipelines from the Wells to the intersection of that portion of pipeline that is not to be relocated within the Pipeline Easement and remove the abandoned segments of the pipeline. The pipeline will be constructed with casing sleeves and risers, all in accordance with the following terms and conditions: 4.1 Construction of Pipeline. In the event Developer desires that Patina relocate pipelines in the future, Developer shall submit a scaled plat to Patina indicating the exact location of pipelines to be relocated and abandoned as set forth in Section 6. Developer shall complete the field staking for the installation of the new pipeline alignment and its required depth as provided below after giving written notice to Patina. The field staking will consist of a marker every thirty (30) feet, marking the desired depth of the pipeline, and the beginning and ending locations of portions of the pipeline. Casing sleeves shall be installed as identified on the scaled plat. The sleeved segments of the pipeline shall have casing risers at each end of the sleeved segments and the field staking shall identify the location of casing risers and the beginning and ending of each sleeve. Within ninety (90) days following the completion of the field staking of the pipeline location, Patina will complete the construction of the pipeline along the routes staked in the field and identified by Developer on the scaled plat. The pipeline shall be buried to a depth sufficient to result in forty-eight (48) inches below the proposed finished grade of the surface. In no event shall Patina be required to install pipelines at a depth exceeding six (6) feet below the grade exiting at the time of installation. 4.2 Removal of Abandoned Pipeline. On the completion of construction of the new pipeline, Patina will remove that portion of the pipeline that was abandoned. 4.3 Line Crossings. If Developer's surface development of the Property requires the crossing of Patina's relocated pipeline (within five (5) feet of a location that is not sleeved or two (2) feet of a location that is sleeved) by a sewer line, water line or other utility, Developer shall notify Patina (a) of the date and time of the line crossing (the "Commencement Time"), and (b) when the line crossing has been completed (the "Completion Time"). If in response to Developer's notification, Patina suspends production through the pipeline, then Developer shall pay Patina for each calendar day or part thereof between the Commencement Time and the Completion Time, the sum of dollars ($ ) per well per day. Such payments shall be the agreed amount to compensate Patina for its response and any lost or delayed production, and shall be made to Patina within thirty(30) days of receipt of an invoice from Patina. Any such payments shall be in addition to the payment for lost and/or delayed production contained in the Relocation Costs as defined below. Developer shall maintain a distance of a minimum two (2) feet above or below the pipeline at any such crossings. 4.4 New Survey and Easement. If pipelines are moved to locations different than those depicted on Exhibit A, Developer shall survey the new locations and revise Exhibit's A & B accordingly. 5. CONSTRUCTION COORDINATION. Upon commencement by Patina of the construction operations pursuant to Sections 3 and 4 above, Developer shall cease those operations on the Property that would be likely to interfere with Patina' obligations pursuant to this Agreement. To the extent that Developer's operations delay Patina's operations or upon the 4 3-07-03 Draft occurrence of an event of force majeure, Patina will not be subject to the performance time frames set forth in Sections 4 and 6. 6. INITIAL CONSIDERATION, CONSTRUCTION AND RELOCATION COSTS. Upon execution of this Agreement, Developer shall pay Patina the sum of Five Thousand dollars ($5,000.00) (the "Initial Consideration") to enter into this Agreement and as a pre-payment against the costs of the construction and relocation operations that may be requested by the Developer in the future, including land consulting fees and expenses. In the event the Developer does not require relocation of production facilities and/or pipelines, the Initial Consideration described above shall be retained in full by Patina. Should Developer desire that Patina relocate production facilities and/or pipelines, Developer shall submit a scaled plat identifying the production facilities and pipelines to be relocated (the "Relocation Cost Request"). Within thirty (30) days from receipt thereof, Patina shall submit to Developer an estimate of the cost to relocate the facilities and pipelines deducting the Initial Consideration, (the "Relocation Costs"). Thirty (30) days prior to the date Developer requires Patina to commence relocation operations, Developer shall submit written notice and pay Patina the Relocation Costs. Patina shall complete construction within ninety (90) days from the date the Relocation Costs are paid and notice of staking as set forth in Section 4.1 has been received, whichever is the later. The estimate of Relocation Costs shall expire one hundred twenty (120) days from the date of submitting the Relocation Cost Request. If the Developer desires at a subsequent date to request relocation of production facilities and pipelines, Developer shall resubmit a relocation Cost Request. Patina will prepare and submit a revised estimate of Relocation Costs without deduction of the Initial Consideration and the Developer shall then pay the revised amount. 7. ACCESS. 7.1 Developer shall at all times provide Patina access to the Oil and Gas Operations Area(s) and Pipeline Easements, though the location of that access may vary from time to time in accordance with the needs and progress of such surface development. 7.2 Developer will construct paved roads, access roads, reinforced curbs, reinforced gutters and reinforced sidewalks to accommodate Patina's access to the Oil and Gas Operations Area(s) and Pipeline Easements and shall provide curb cuts at all "Access Points" as shown on Exhibit "B". The curb cuts at the Access Points shall be at least thirty (30) feet wide. The paved roads leading to the Access Points and the curbs, gutters and sidewalks at the Access Points shall be reinforced to accommodate a gross vehicle weight of at least 28,000 pounds per axle. Within thirty (30) days following completion of the pipeline relocation or paved road construction, whichever is the first to occur, Developer will construct access roads from the Access Points, as depicted on Exhibit A with a width of 15 feet, provide a 6 inch aggregate base course, and turn such roads over to Patina for maintenance. 8. LANDSCAPING. Developer and /or assigns may install and maintain ground cover, landscaping and watering systems ("Landscaping") within the Pipeline Easements at its own expense and risk, acknowledging that Patina's normal operations may from time to time disturb or destroy said Landscaping. Developer hereby agrees to install and maintain said Landscaping in such a way as to not violate the COGCC regulations or impede Patina's access and/or operations. Developer hereby accepts all responsibility for the cost of installation, repair and/or 5 3-07-03 Draft replacement of said Landscaping within the Pipeline Easements and Patina shall not be responsible for damage to said Landscaping resulting from its future access or operations. Prior to commencing installation of the Landscaping, Developer shall consult with and obtain written approval from Patina to ensure that there are no adverse impacts upon Patina's ability to perform future operations, which consent shall not be unreasonably withheld. 9. NOTICE OF FUTURE OPERATIONS. Patina shall provide at least seven (7) days prior written notice to Developer in advance of any operations (other than the drilling of new wells) within the Oil and Gas Operations Area(s) in connection with the reworking, fracturing, deepening or other unusual or other than routine operations on the Wells; provided, however, that Patina shall have immediate access in the event of an emergency. 10. NOTICES TO HOMEOWNERS AND BUILDERS. Developer shall record a plat or map showing the Oil and Gas Operations Area(s), Wells and Pipeline Easements in the real property records of Weld County, Colorado. In addition, Developer shall record in the real property records of Weld County, Colorado a "Notice of Oil and Gas Operations", substantially in the form attached hereto as Exhibit"D"that conspicuously states that: 10.1 there may be ongoing oil and gas operations in the Oil and Gas Operations Area(s) and Pipeline Easements; 10.2 Purchasers of all or a portion of the Property, as successors in interest to Developer, will be acquiring a proportionate interest in Developers' rights and obligations under this Agreement and will be subject to the waivers contained in this Agreement which, with respect to operations within the Oil and Gas Operations Area(s) and subject to Section 2.7 above, shall constitute a waiver of the setback requirements provided in Commission Rule 603.e.(6) or any successor or amended state setback rule and also local setback requirements, among other obligations. 11. FUTURE OPERATIONS. Patina shall make all reasonable efforts to pursue any drilling, re-drilling, reworking and/or recompletion operations in a diligent manner so as to minimize the total time period on location and to avoid rig relocations or startup delays during the course of drilling. Developer waives and shall not assert any right to require that wellhead or production equipment be located in conformance with setback requirements different from those agreed to in this Agreement (including but not limited to those concerning any "high density" rules of the COGCC). 12. GOVERNMENTAL PROCEEDINGS. 12.1 Developer shall not, directly or indirectly, oppose or encourage opposition to Patina in any agency, administrative or other governmental proceedings, including but not limited to the COGCC, Weld County or other governing body proceedings, related to the operations of Patina on the Property, including but not limited to drilling and production activities, workovers, well deepenings, recompletions, fracturing, replacement wells and re- fracturing, provided that the position of Patina in such proceedings is not materially inconsistent with this Agreement. 12.2 Patina shall not directly or indirectly oppose or encourage opposition to Developer in any agency, administrative, Weld County or other governing body proceedings, relating to Developer's operations on and development of the Property, including residential and 6 3-07-03 Draft associated development, provided that Developer's position in such proceedings is not materially inconsistent with this Agreement. 13. FORCE MAJEURE 131 In the event either party is rendered unable, by an event of Force Majeure (defined below) to perform, wholly or in part, any obligation set forth in this Agreement, other than the obligation to pay money, then the performance by the affected party will be suspended during the continuance of such event of Force Majeure. The party experiencing an event of Force Majeure will provide reasonable notice to the other party as soon as possible with all reasonable dispatch. As used herein, the term "Force Majeure" shall mean any act of God, acts of the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, severe weather, floods, washouts, arrests and restraints of the federal, state or local government, civil disturbances, explosions, breakage or accidents to machinery or lines of pipe, the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, delay in securing environmental approvals, the inability to obtain necessary supplies, material, equipment, machinery or labor and any other causes, whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. 14. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. 14.1. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT. 14.2 Each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations, including each such parties' employees, agents, contractors, sub- contractors or other invitees on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims that arise from its negligence. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein. 15. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 16: NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 14 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written 7 3-07-03 Draft Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within thirty(30) days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 17. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement and Developer specifically confirms its capacity to validly execute the rights of way and easements provided for herein. Patina represents that it owns the oil and gas leasehold interest in the Leases from the surface of the earth to the top of the J formation under the Property as set forth in Recitals B and C. Patina does not represent and specifically asserts that it does not have the right to bind any other oil and gas interest owner or lessee for the Property. 18. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. This Agreement and all of the covenants herein shall be covenants running with the land. 19. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in the U.S. Mail, postage prepaid, with a copy sent via facsimile, addressed to each of the following: If to Patina Oil & Gas Corporation: Patina Oil & Gas Corporation 1625 Broadway, Suite 2000 Denver, Colorado 80202 Attention: Land Department FAX (303) 595-7410 If to Developer FAX Any party may, by written notice so delivered to the other party, change the address, fax number or individual to which delivery shall thereafter be made. 20. RECORDING. The Notice of Oil and Gas Operations and the plat or map required pursuant to Section 9 above shall be promptly recorded in the Office of the Clerk and Recorder for Weld County by Developer, and Developer shall provide the other parties with a copy thereof showing the recording information as soon as practicable thereafter. 21. SURFACE USE AGREEMENT. In consideration of the parties' respective rights, obligations and benefits, as outlined herein, this Agreement shall constitute a surface use or surface damage agreement provided for under the COGCC's Rules and Regulations or under any oil and gas leases covering the Property. 8 3-07-03 Draft 22. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the Parties regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 24. HEADINGS. The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 25. TIME OF ESSENCE. Time is of the essence in this Agreement. 26. NON-WAIVER. Waiver by either party or of the failure of any party to insist upon the strict performance of any provision of this Agreement shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 27. SEVERABILITY. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice a party in its rights and obligations contained in valid covenants, conditions or provisions. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 28. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to create a joint venture, partnership or any other relationship among the parties. 29. COUNTERPARTS. This Agreement may be executed by facsimile and in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. The parties have executed this Agreement as of the day and year first above written. PATINA OIL & GAS CORPORATION By: David W. Siple, Vice President 9 3-07-03 Draft DEVELOPER By: By: ACKNOWLEDGMENTS STATE OF COLORADO ) ) ss. CITY & COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of , 2003, by David W. Siple, Vice President for Patina Oil & Gas Corporation, a Delaware corporation, on behalf of that corporation. 10 3-07-03 Draft Witness my hand and official seal. Notary Public My Commission expires: STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2003, Witness my hand and official seal. Notary Public My Commission expires: 11 EY.YII)'i4 5 AGREEMENT FOR COMPATIBLE DEVELOPMENT THIS AGREEMENT FOR COMPATIBLE DEVELOPMENT is made and entered into this day of , 2003,by and between ENCANA ENERGY RESOURCES INC. ("EnCana"), a Montana Corporation, with offices at 950 Seventeenth Street, Suite 2600,Denver, Colorado 80202, and LifeBridge Church("LifeBridge"), a Colorado non-profit entity, with offices at , Longmont, Colorado 80504. RECITALS A. LifeBridge is the owner of the surface estate described as shown on Exhibit"A"attached hereto and made a part hereof, located in Weld County, Colorado(the "Property"). B. LifeBridge intends to develop a housing,religious, educational and commercial development on the surface estate. C. EnCana is the operator of certain oil and gas leasehold and mineral rights on that portion of the Property that lies in the North Half of Section 5,Township 2 North,Range 68 West. D. EnCana, as operator of the oil and gas leasehold and mineral interests, has the right to explore for, develop, produce, transport and market oil, gas and associated products from the Property, and to utilize such portion of the surface as is reasonable for such purposes. E. Oil and gas well sites,production sites, oil and gas facilities, access roads and pipelines are located on the Property as of the date of this agreement. EnCana has the right to conduct additional oil and gas operations in the future. F. Rule 318A of Colorado Oil and Gas Conservation Commission ("COGCC")rules and regulations would allow the owners and/or lessees of the oil and gas in the Property to locate at least seven well locations upon that portion of the Property in which EnCana has operating rights. G. The parties enter into this Agreement for Compatible Development ("Agreement") to provide for the co-existence and joint development of the surface estate and the oil and gas estate and to establish the process through which EnCana and LifeBridge will develop the two estates. NOW THEREFORE, in consideration of the covenants and the mutual promises set forth herein, including the representations set forth in the recitals, the parties agree as follows: 1. Definitions. A. Application for development is a proposed subdivision plat, a planned unit development, a specially planned area plan, a development or annexation request, any zoning or special use permit application, or any other designation for a surface development application used by a local jurisdiction. Page 1 of 7 RJB c: surface agreements: agreement for compatible development B. COGCC is the Colorado Oil and Gas Conservation Commission. C. Impact Mitigation is defined as those products or services used for improving aesthetic or environmental conditions on or around drillsite or production site locations, equipment or appurtenances thereto. D. Oil and Gas is all oil, gas, and associated liquid hydrocarbons, coal gas, coalbed methane,nitrogen, carbon dioxide,helium and all other related substances produced through wellheads operated by EnCana. E. Operator means that party responsible for day-to-day operations of an oil and gas well as defined by common oil and gas industry practice. F. Pipeline whether singular or plural,refers to the tubular equipment, valves,risers, connections and other related equipment, usually underground, used to transport oil and gas from the wellhead to points of processing. This may include lines for gathering from the wellhead or connecting lines carrying oil and gas from several wellheads. G. Production site means that area surrounding proposed well site or other accessory equipment required in oil and gas production, at which may also be located tanks and tank batteries, separators,meters and accoutrements thereto exclusive of flowlines, transmission and gathering pipelines. H. Surface use agreement means an agreement governing specifics of surface use as referred to herein. I. Well site means that area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling, completion,recompletion, workover, development and production activities. 2. Future Well Site and Production Site Locations. A. All surface development and oil and gas development shall be in accordance with statutes, laws and rules of the State of Colorado. B. EnCana shall have continuing access to all of its well sites, production sites, pipelines,roadways and other facilities. Should LifeBridge wish to move the location of any pipeline or surface facility, LifeBridge shall bear the costs and expenses of EnCana's compliance with such a request. Any such relocation costs will include an administrative fee of ten percent(10%)over and above actual costs of such move to be determined by actual invoices. C. LifeBridge shall request a meeting with EnCana to locate existing pipelines and to coordinate proposed surface construction activities with current and prospective oil and gas operations. The meeting will take place no later than ten(10) days after such request. Page 2 of 7 RJB c: surface agreements: agreement for compatible development D. LifeBridge shall allow EnCana to choose the location of future well site and production site locations to be installed on the Property. These future wellsites shall be located within the windows as indicated on Exhibit"B"attached hereto and made a part hereof. A surface use agreement for each individual well will be entered into by EnCana and LifeBridge. E. Each surface use agreement shall provide for: 1. well and production site locations, each of which constituting a circular area 375 feet in diameter or a square area of approximately 400 feet by 400 feet; 2. location of related facilities, including gathering and pipelines; 3. temporary and permanent access routes to all facilities; 4. the possibility of more than one well being located on a well or production site; 5. LifeBridge's reimbursing EnCana for the cost differential between drilling a "straight"hole or"directional"hole, in the event that LifeBridge wishes to develop the surface of a COGCC legally designated location, and EnCana agrees to move the location and drill directionally from the exception location. However, LifeBridge understands that EnCana is under no obligation to agree to any such directional drilling. F. The parties hereto shall provide for sufficient setbacks between buildings,building units and lot lines and well sites and production sites to comply with state and local setback regulations to drill a well and to conduct subsequent oil and gas operations. 3. Impact Mitigation. LifeBridge shall bear all costs to install impact mitigation LifeBridge requests at or around existing and future well sites and production sites beyond those measures required by governmental authority. This shall include, but not be limited to, all noise and visual impact mitigation; provided, however,the operator of the well site or production site shall have reasonable discretion to veto or protest the type and location of impact mitigation measures in order to allow for safe oil and gas operations. 4. Access and Pipeline Easements. All existing and future access roads and pipeline easements shall, at a minimum, meet the following criteria as follows: A. Roads used for access and portions of access routes that do not follow paved roads shall be at least thirty(30) feet in width. Page 3 of 7 RJB c: surface agreements: agreement for compatible development B. LifeBridge shall keep access roads that are jointly used by surface occupants,the public and the EnCana in good condition and repair until they are dedicated to a local jurisdiction. It is understood by LifeBridge that EnCana utilizes oilfield equipment that may weigh up to 115,000 lbs. during the lifespan of its wells. LifeBridge will design those paved roads utilized by EnCana for this capacity and LifeBridge will be responsible for maintenance thereto. C. Neither EnCana nor LifeBridge shall unreasonably interfere with the use by the other of access roads. D. All pipeline easements shall be fifty(50) feet in width during construction, replacement and repair activities and thirty(30) feet in width during operations, transportation and maintenance activities. LifeBridge shall grant the pipeline easements(for production from the property and other lands) to EnCana at the time they request them and at no cost to EnCana. E. EnCana may install one or more pipelines within the easements, and may change the size of the pipelines if deemed appropriate. 5. Plat and Local Applications. EnCana shall provide to LifeBridge, and LifeBridge shall identify on plats,and in applications for development,the locations and size of possible future well sites,production sites, other oil and gas facilities;possible future access roads and pipeline easements; setbacks between well sites and production sites in relation to planned and existing lot lines. LifeBridge shall record all plats in the office of the Clerk and Recorder of Weld County after approval by appropriate governmental authority. 6. Notice of Application for Development. A. LifeBridge shall provide EnCana with(30) days written notice prior to LifeBridge's filing an application for development with any applicable local jurisdiction. B. LifeBridge shall provide notice to all owners of mineral rights and/or leasehold rights who have an interest in the Property or portions of the Property included in an application for development of all hearings to be held in the local jurisdiction on the application. At LifeBridge's request, Encana shall provide any title materials EnCana may have in its possession to facilitate this request. C. LifeBridge shall provide EnCana a copy of all its surveys for its development. 7. Waiver of Surface Damages. As consideration for any inconvenience to EnCana of surface construction activities that affect existing or future well sites and production sites,access, or pipeline easements, LifeBridge agrees to waive all right to surface damages for those well sites and production sites, access routes and pipeline easements which EnCana has located or will locate on the Property beyond the repair of LifeBridge's facilities existing at the time of such damage. Page 4 of 7 RJB c: surface agreements: agreement for compatible development 8. Waiver of Certain Requirements and Objections. LifeBridge agrees to waive state regulations or other requirements inconsistent with this Agreement or a surface use agreement and to not object in any forum to the use by EnCana of the surface of the Property consistent with this Agreement or a surface use agreement. LifeBridge shall provide EnCana with all approvals and waivers, as surface owner,that are convenient or necessary to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any regulations of the COGCC. 9. Compliance with Rules and Regulation. Except as may be otherwise provided in paragraph 9, LifeBridge and EnCana agree to comply with all valid and applicable federal and state regulations that pertain to the development of the surface estate and the exploration and development of Oil and Gas on the Property. EnCana shall make reasonable efforts to other mineral and/or leasehold owners to enter into surface use agreements with LifeBridge. 10. No Objection to Development. EnCana agrees that they will not object to a request by LifeBridge to annex,rezone,or plat all or any portion of the Property to the extent such request is consistent with the use by EnCana of the surface of the Property in the manner identified in this Agreement and a surface use agreement. 11. Surface Owner Consent. LifeBridge, itself and its successors and assigns, agrees that it will not withhold its consent as surface owner of the Property(if EnCana in its sole discretion requires such consent) if EnCana exercises its rights to explore for and develop the Oil and Gas under the Property in accordance with this Agreement and surface use agreements referenced herein. 12. Indemnification. LifeBridge agrees to defend, indemnify and hold ENCANA harmless for injuries to persons and damages to property caused by LifeBridge's operations or by the operations of any agent,representative, contractor or subcontractor on the Property. 13. Individual Liability of Parties. The liability of EnCana and LifeBridge to perform any obligations pursuant to this Agreement shall be several and individual only and not joint and collective. 14. No Limitation on Rights. Nothing in this Agreement is intended to limit the rights of the EnCana to drill wells in legal COGCC locations or to apply to the COGCC for exception locations. 15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the personal representatives, heirs, successors and assigns of all of the parties and the benefits of this Agreement shall inure to their personal representatives, heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land. 16. Recording. This Agreement or a Memorandum of this Agreement shall be recorded with the Clerk and Recorder of Weld County. 17. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Page 5 of 7 RJB c: surface agreements: agreement for compatible development 18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative,null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. 19. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by(a)personal delivery; (b) expedited delivery service with proof of delivery; (c) United States mail,postage prepaid,and registered or certified mail with return receipt request; or(d)prepaid telecopy or fax,the receipt of which shall be acknowledged, addressed as follows: To EnCana EnCana Energy Resources Inc. 950 Seventeenth Street, Suite 2600 Denver, CO 80202 Fax: (720) 956-3600 Attn: D-J Team Leader To LifeBridge: xxxxxxxxxx Address City, State, Zip Fax: 20. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications,representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF,the undersigned parties have caused this Agreement to be effective the first day of , 2003 but executed on the dates acknowledged below. ENCANA ENERGY RESOURCES INC. Eric D. Marsh, Vice-President LIFEBRIDGE CHURCH Title: Page 6 of 7 RJB c: surface agreements: agreement for compatible development ACKNOWLEDGMENTS STATE OF COLORADO CITY AND ) ss. COUNTY OF DENVER ) The foregoing Agreement was acknowledged before me this_day of , 2003 by Eric D. Marsh, as Vice-President of EnCana Energy Resources Inc. Witness my hand and official seal. My Commission Expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF The foregoing Agreement was acknowledged before me this day of , 2003 by as of LifeBridge Church. Witness my hand and official seal. My Commission Expires: Notary Public END OF DOCUMENT Page 7 of 7 RJB c: surface agreements: agreement for compatible development NOTE TO FILE I spoke to Mike Friesen today (6-13-03). Mr. Friesen stated he would not be able to get comments to planning due to the town meeting that has been scheduled and not having a traffic study included in the case. I stated the traffic study from the Sketch Plan will be included in the record and sent to him. Mike stated he could try to get the referral back by July 7`h. I stated this would meet planning staffs time line. • 4. EXHIBIT KKK Radi'/ooy i y a :=`�2"�4� 'IV. X J ; *t �/nc' � ,-,".srt,... .. _..-.zi qh 4 J .e .. ,,.,,.,, 2.• 3a ' y w,,, t' 'A'', +,A i'' {j1LL -__--- ,M xtfi* v.....a=w. ..�`$4- ,_..n-a^'o" ,�I '1"1E1•i �f+`. * frb'.,��p„ v,.I '��"f'''j x .g . .n ,�V t,+.' n,,,,a`_- i i ll EXHIBIT a - it 4' pt�+ h i� . ry 4R�� Va P A is OF * ,. 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' 4 . c ,Rt i i T Pr- CONNECTING PEOPLE BUILDING HOPE PROJECT L1FEBR1DGE July 9, 2003 Weld County Commissioners EXHIBIT 1 p ) ) • �� ` ..-.‘ A,li *I, ♦ 1. iv-A.• '�• tle i" ' Y , 1 , :• — i r , ` ,' x 1 i t ; -� { i • �. t4. , tiv •'rl , I t '• �.rissal r i1�--' a v I 1, ,, rf ',calm. iiYaf C • M. fft I�lI' %1I ' f_ l tj� � Ys' ,1\4;1 - I� . J}1 ,IE "i,411.1 ,+ o, yl �4 �� Y' J ,Y • ,W' -VS IK .*:s .. I iLJ - • , } ,)11( ') e CONNECTING PEOPLEtBUILOING HOPE PROJECT LIFEBRIDGE .y1 July 9, 2003 Weld County Commissioners 2 Municipality Referrals •Longmont — Views, Drainage •Mead — Traffic •Firestone — No Conflict (original response) •Frederick — agree with Weld County Staff July 9, 2003 Weld County Commissioners 3 Traffic The background peak hour traffic on a Sunday morning is approximately 20% of the background peak hour traffic on a weekday. With development of the LifeBridge PUD, Filings 1 and 2 the SH 119/WCR 3 1 /2 intersection will operate at level of service C during weekday peak hours and during the Sunday morning peak hour ( after/before services) in the short range (2010) condition July 9, 2003 Weld County Commissioners 4 ) ) ) • Identified drilling envelopes on the site Oil and Gas plan. • Located potential drill sites within the PROJECT LIFEBHWDGEPUD envelopes on the site 7P1? o. 7'� OILDRILIAREAS plan. i a2,.2032 • Have contacted both r EnCana and Patina and , i 1� '' have provided written ; r --•- evidence that we are - !' : ; having ongoing � i' i ,_ , , n discussions to ! J accommodate the ,-�� '``3 concerns of the lease _F 2-SJ holders on the (�i4 properties. . --- Rnc ;. .__ _ • Prepared and provided a sample surface use agreement. July 9, 2003 Weld County Commissioners 5 I Q phasing 1 • ...,.� l,.ri`, \ \II , I f Cross section with maximum heights Li 0 __, __\___, __ / 4 7 ( 1 LifeBridge ' , ,_ K._ Campus -• .� .�: r 5 7I_ 3 ® r �, 3 air 4 f-_ii f I 1 FS-- r I I i 1 �Y If LifeBridge church campus with landscaped berm July 9, 2003 Weld County Commissioners 6 > > ) 30 Foot 4 �` � i !i0 , Maximum ( —_ 4 ..,.„„ 4, _ ft c r x ,r . Blue Area , , , 7 ��:- o i( c� 5 r, IS the * 6 5 Q 5 30' Tall LEGEND r E. 30'ALLOWABLE- ,' ' j Maximum Y Building -- Height r ,,_ Zone _ rl I ALLOWABLE BUILDING HEIGHTS July 9, 2003 Weld County Commissioners 7 LS,.:). Foot 35 o ...:_..., ' i.,; Maximum . ,. - ,- -�_�f 1."�^' � - "R`•�` 7 I—' 0 3 - 0 t'-'y`"1 ' --i l..1 Yellow •` 4. i !l / 'c', Area is the LEGEND i' - _= - ___ ii i...-..30'ALLOWABLE �/,...2�-�1---`•4 :��—r� gS e ' \ i 35' Tall �._.. r� rr - , .��,� l, : 36'ALLOWABLE r. f i �i, �.�.., ii J s - i r .. ' >;/l Maximum _5, _y.....,.,,-it . y R - EY t I f \'%Y i 1 ` Building , Height I'M� r, � .._f _. Ii I : . % f . Zone __ :-- -__ _ `_. 1 ....__.. ALLOWABLE BUILDING HEIGHTS July 9, 2003 Weld County Commissioners 8 ) ) ) 45 Foot ® Maximum %� �' '' � )� l I \ Cl".) L� ' e )I Grey Area �� . �. 4 y �� _ s , a 8 5 O is the - ` I�.,r„,n�n II LEGEND i_. 30'ALLOWABLE ;, J— \' as c 45' Tall iLii 7 3b'ALLOWABLE a j Maximum I lr 45'ALLOWABLE II Building � Height4, ' ` l Zone ALLOWABLE BUILDING HEIGHTS July 9, 2003 Weld County Commissioners 9 > > > 55 Foot 9g' Maximum ,:�- citsa:�1 GreenCC s o_.,7,' Nn..o-._,--i Area is LEGEND - 1 30'ALLOWABLE o oi/ , the 55' P35'ALLOWABLE VV r'i 45'ALLOWABLE a Tall L 55'ALLOWAB E 11 I Maximum Building Height A _ Zone ALLOWABLE BUILDING HEIGHTS July 9, 2003 Weld County Commissioners 10 ) ) ) __ 60 Foot , 0 Maximum �� Light or J �� `�..�:- Y6 ;� "-- ___,-(--__-, -t-_------"-----cm--41\----,, _ ___„:„ 4.Green I ? 2 _ - I hntr,,M--e }E_ Area is LEGEND a a 1 I 30'ALLOWAB E / c I �O ;.- the 60' 3b'ALLOWABLE c Ib'ALLOWABLE . I Tall �j bb'ALLOWAB�E li /( �5 ( 60'ALLOWABLE I Maximum s Building rs Height Zone ALLOWABLE BUILDING HEIGHTS July 9, 2003 Weld County Commissioners 11 ) ) ) c. 75 Foot i Maximum r_ ii =/-- � -;v Olive Green ,--7 ,77,-_-)--\\\_ o J Area is the " o--en flo-0—oT1 , 60' Tall LEGEND Maximum L-. 30'ALLOWABLE �f r 36'ALLOWABLE - 45'ALLOWABLE ' If _ Building 66'ALLOWAB E � t J Jl ['c l r 60'ALLOWABLE ', H e i h t Zone �I r 60'ALLOWAB _ g WITH UP TO X - OF THE AREq',UR i 3 ` 1 TO 76' ' With Up To t 20% of the �' Area Up to ALLOWABLE au 75' Tall ILDING HEIGHTS July 9, 2003 Weld County Commissioners 12 Q phasing 1.,,, 1 . - Cross section with maximum heights ii ______ o i r 4 LifeBridge ' � Campus , , frt,t,.• 6 0 14 j t �{hi Lit- �_ No) �Y LifeBridge church campus with landscaped berm July 9, 2003 Weld County Commissioners if i Eastern Property Line Offset and Building Heights July 9, 2003 Weld County Commissioners 14 ) ) ) Summary of Offsets From Eastern Property Line East Property Maximum Ratio of Offset to Relation to Weld Line Offset Building Building Height County Minimum Height Residential Standard 125 30 25 to 6 5 times greater 250 45 33 to 6 6 times greater 375 55 41 to 6 8 times greater 500 60 50 to 6 10 times greater 700 75 56 to 6 11 times greater July 9, 2003 Weld County Commissioners 15 ) ) ) Considerations • We reduced the maximum height on the 125- 250 foot setback area from 35 feet to 30 feet. • On the eastern most 500-foot of the church campus , i .e 500 feet of offset from the east PL. — Maximum North-South Building length is 250 feet — Minimum distance between buildings is 75 feet — Maximum building coverage is 20%, 80% of this area will not have buildings. July 9, 2003 Weld County Commissioners 16 BEFORE THE WELD COUNTY PLANNING COMMISSION WELD COUNTY, COLORADO EXCERPT OF MEETING CONDUCTED APRIL 1 , 2003 RE: CHANGE OF ZONE, PZ #1004 LIFEBRIDGE CHRISTIAN CHURCH APPEARANC ES WELD COUNTY PLANNING COMMISSIONERS: MICHAEL MILLER, CHAIR BRYANT GIMLIN JAMES ROHN FRED WALKER JOHN FOLSOM STEPHAN MOKRAY BERNARD RUESGEN BRUCE FITZGERALD OTHER COUNTY STAFF: LEE MORRISON, ASSISTANT COUNTY ATTORNEY KIM OGLE, DEPARTMENT OF PLANNING SERVICES VONEEN MACKLIN, SECRETARY EXHIBIT 1D92 N N 'Z ©O ' 1 PROCEEDINGS 2 CHAIR MILLER: Okay, I'd like to welcome you to this meeting of the Weld 3 County Planning Commission, Voneen, please call the roll. 4 MS. MACKLIN: Ruesgen 5 BERNARD RUESGEN: Here. 6 MS. MACKLIN: Walker 7 FRED WALKER: Here. 8 MS. MACKLIN: Fitzgerald 9 BRUCE FITZGERALD: Here 10 MS. MACKLIN: Rohn 11 JAMES ROHN: Yes. 12 MS. MACKLIN: Folsom 13 JOHN FOLSOM: Yes, 14 MS. MACKLIN: Mokray 15 STEPHAN MOKRAY: Here 16 MS. MACKLIN: Gimlin 17 BRYANT GIMLIN: Here 18 MS. MACKLIN: Miller 19 CHAIR MILLER: Here. Voneen,did we get minutes from the prior meeting? 20 MS. MACKLIN: Minutes from the 4th didn't consist of a whole lot other than 21 there was no quorum. 1993 1 1 MR. FOLSOM: I submitted a summary. 2 MS. MACKLIN: Yes, you did, he did. 3 UNKNOWN: From the 4th? 4 MS. MACKLIN: Everything was continued (inaudible). 5 CHAIR MILLER: We have no minutes to approve. I would all of you in the 6 audience to please turn off cell phones or pagers at this time. For those of you who have never 7 been to one of these meetings,the, ah, I'll read the case into the record, planning staff will present 8 the case,the applicant will have an opportunity to respond,or to give any additional information,and 9 then the meeting will be opened up for public comment, at which time you will have an opportunity 10 to come forward and either speak for or against the case. After public comment is closed, the 11 applicant will have an opportunity to respond to the public comments and then we will have 12 discussion and vote on the issue. 13 The first case we're going to hear today is PZ 1004. The applicant is 14 LifeBridge Christian Church. The request is for PUD Change of Zone from Ag to PUD, Estate, R-1 15 Low Density Residential, R-2 Duplex Residential, R-3 Medium Density Residential, R-4 High 16 Density Residential, C-1 Neighborhood Commercial, and C-2 General Commercial. 17 Location is south of and adjacent to Weld County Road 26; north of and 18 adjacent to Highway 119; west of and adjacent to Fairview Street. Kim. 19 KIM OGLE: Good afternoon. Kim Ogle, Department of Planning Services. 20 The Department of Planning Services is requesting a continuance to a date-specific special hearing 2 1994 1 of the Planning Commission on April 22,2003,at 9:00 a.m. Staff is requesting this continuance due 2 to a variety of factors. One being legal notification, lack thereof and lack of a mineral owners 3 notification by the applicant. Staff is also proposing a time schedule for the April 22, 2003, hearing 4 to be as follows: 9 o'clock hearing would begin,followed by a mid-morning break and then lunch. 5 After lunch there is two afternoon breaks with a hearing decision rendered no later than 8:00 p.m. 6 The Department of Planning Services respectfully asks that this case be continued. The applicant 7 is aware of this situation and has agreed to those terms. He has also asked for a Pre- 8 advertisement of the Board of County Commissioners Hearing for May 7th. 9 CHAIR MILLER: Thanks. Do you have any questions for Kim? John. 10 MR. FOLSOM: In the case by 8:00 p.m. we are not in a position to vote on 11 it, is there a problem with the pre-advertising date before the Board for us to continue it to a later 12 date? 13 LEE MORRISON: No. And I think that's your goal. That's to let people know 14 that you intend to do that. If you can't, it will be a problem,we're going to have other issues. But if 15 you can't reach a decision, you know. But, but you need to try and do that because the schedules 16 will be a problem with the Commissioners if you don't. But you've got to reach a decision based on, 17 you know, the evidence you've got. You can't absolutely guarantee you'll be able to reach a 18 decision, that's the risk the applicant takes when they pre-advertise. 19 CHAIR MILLER: And I think, I hesitate to put an 8 o'clock, final hour on it. 20 MR. MORRISON: Well I,you know, I would, I think, I would suggest that you 3 1995 1 try and adhere to something like that, because if you leave it, it's the kind of proceeding that will 2 expand to fill the amount of time allotted to it. And,ah, certainly, if it's 7:59 and you're discussing a 3 motion, I wouldn't encourage you to adjourn at that point. Ah, but if, ah, if you haven't concluded 4 public testimony at that point, that's (inaudible.) 5 CHAIR MILLER: That's a good target to shoot for, I guess. Any other 6 questions of Kim? Bryant. 7 MR.GIMLIN: Kim, I assume,just for clarification,this will still be heard at the 8 south office? 9 MR. GIMLIN: Yes. 10 CHAIR MILLER: Any other questions for staff? Thank you. Does the 11 applicant wish to address the Board? 12 MR. OGLE: The applicant is not present today. 13 CHAIR MILLER: Thank you. Is there anyone in the audience who'd like to 14 speak either for or against the continuance of PZ 1004? Seeing none,we'll close the public portion 15 of the hearing. Is there a motion? 16 MR. ROHN: I move that case PZ 1004 be continued to the date specific of 17 April 22, 2003, and starting at 9 o'clock in the morning. 1996 4 1 MR. MOKRAY: I second. 2 CHAIR MILLER: It's been moved by Jim and seconded by Stephan to 3 continue PZ 1004 to April 22nd. All in favor say, "Aye." 4 MR.GIMLIN, ROHN,WALKER, FOLSOM, MOKRAY, RUESGEN,AND 5 FITZGERALD: "Aye" 6 CHAIR MILLER: All Opposed? (No response) Motion carries. 5 1397 1 CERTIFICATE 2 I, CAROL A. HARDING, Deputy Clerk to the Board of County 3 Commissioners and a Notary Public of the State of Colorado,appointed and commissioned 4 by the Secretary of State,do herebycertifythattheforegoing Planning Commission Hearing 5 was transcribed from the taped recording which was recorded at the Southwest Weld County 6 Administration Building, 4209 Weld County Road 24.5, Longmont, Colorado 80504, by 7 Voneen Macklin,Secretaryto the Planning Commission;and that the foregoing is an accurate 8 transcript of the proceedings at that time. 9 I further certify that I am not related to any party herein ortheircounsel, 10 and that I am employed as Office Manager Coordinator in the office of the Weld County Clerk 11 to the Board. 12 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my 13 Notari +sp y of October, 2003. :`• CAROL A. 14 °•. HARDING //� � • 15 Nom'•. CAROL A. HARDIN 1714.*** `•OO 16 FCo��;$P Deputy Clerk to the Board and Notary Public 17 18 Myst 14f98itvr>EX0-estabmne 8, 2006 6 1098 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 18, 2003 A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County Southwest Office, 4209 CR 29.5, Longmont, Colorado. The meeting was called to order by Planning Commission member John Folsom at 1:30 p.m. ROLL CALL Michael Miller Absent Bryant Gimlin Absent Fred Walker Absent John Folsom Stephan Mokray Absent James Rohn Absent Bernie Ruesgen Absent Bruce Fitzgerald Absent Also Present: Lance Unverzagt There was no quorum present so the meeting will be continued to April 1, 2003. Meeting adjourned at 1:35 pm R spectfully submitted Voneen Macklin Secretary 4 EXHIBIT 1339 00 pe#t00y ,.li//7X-madele• et "✓`` Z.:;"./('`711..-",s./l, 'C- �"-;.. a".;'.r_. 11.• (_fie nke-f9�a4le ae ' /2!C€7.- � -./e" " a f�1„ e..>?a2,,o: r1-,"/- e// . ., f rei ST..-_ I e"(free'ee' ' Cie 11 fl- 'e"-e A Zeste c,,_,,.+ 4,--., Ce^G�, 1/LG�!' 2*> L/e-:=e1C 1_, / -i is-e-eei /1 YY7 ..1 c�c e- 72 /.-'7'/ ! I/, �/ t .,+` /,. ;/ /r"f/f°. Cam/'1! Sf, ec"//:' ./ J Kier),r'I 2000 fates MEMORANDUM WI TO: Board of County Commissioners COLORADO DATE: July 9, 2003 FROM: Kim Ogle, Planner SUBJECT: LifeBridge PUD - Referrals Please find attached photocopies of the City and Town referrals for LifeBridge PUD. Referrals are attached in chronological order by municipality, for your reference. Town of Firestone Referral dated April 21, 2003 Referral not received during the continuance referral period Town of Frederick Referral dated June 12, 2003 Referral dated April 22, 2003 �.. City of Longmont Referral dated June 25, 2003 Referral dated March 12, 2003 Referral dated February 5, 2003 Town of Mead Referral dated July 3, 2003 Referral dated April 7, 2003 ri EXHIBIT 2001 .P pt 1Pic `4 er)zz3—7737 Town of Firestone 2002 a -/78? • \fra Weld County Referral ill II t April 21, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Life Bridge Christian Church Casa Number P2-1004 Please Reply By NEED NOT RESPOND AGAIN, Planner ICm Ogle JUST NOTE NEW HEARING DATE Prof act Pun Change of Zone from(A)Agricultural b PUD with(E)Estate;(R-1)Low Density Residential; (R-2)Duplex Residential;(R-3)Medium Density Residential;(R-4)High Density Residential;(C-9) Neighborhood Commercial and (C-2)General Commercial. Legal Lot B of RE-1389 and pet of Section 5,T2N,WO/of the 8th P.M„Weld County, Colorado. Location South of and adjacent to WCR 26;North of and adjacent to Hwy 119;West of and adjacent to Fairview Street. Parcel Number 1313 05 000034,1313 05 000080, 1313 05 000082, 1313 05 000086 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services; If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (If April 22,2003 at 9:00 a.m., applicable) Southwest Weld Complex 4209 WCR 24 t/a Longmont, CO 80504 GI We have reviewed the request and find that If does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our Interests. U See attached letter. Comments: s V c O0/1/4"ten ,wri) Signature Vi t 4,R 0J vv`r Date 1-)/24/0 3 .. Agency / �!v / +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.60631 +(870)353-6100 ext.3540 4(970 f '°* ( _ n,,.ka 4 5' 2003 , `! ^7 //Sjr Town of Frederick 2004 °octa3/73c' Fku : FAX NO. :303-914-0220 Jun. 12 2003 01:41PM P2 n TOWN OF FREDERICK 7 �� qv- P.O. BOX 435 • FREDERICK,CO 80530 • PHONE: (303)833-2388 4 1" FAX: (303)833-3817 June 12, 2003 Kim Ogle Weld County Planning Department 1555 North 171h Avenue Greeley, CO 80631 RE: Formal Referral Response Case No. PZ-1004 PUD Change of zone district classification for LifeBridge Christian Church Dear Kim: Planning staff has reviewed the formal referral for the change of zone district classification for the LifeBridge Christian Church located within Weld County. The proposed project is not located within our IGA boundaries; therefore, comments and/or concerns from the Town is limited in scope. The Town of Frederick concurs with the issues identified by Weld County Planning Staff concerning setbacks and building heights. The Town of Frederick would like to thank you in advance for the opportunity to comment on the development plans for the LifeBridge Christian Church. Sinn�ceer�elly, aa ' V_ , Carrie McCool, To n Planner for the Town of Frederick McCool Development Solutions, LLC Cc: Dick Wyatt, Mayor Town of Frederick 2GCa 09o0 -/7S/ 11/04/:4 46:11 FREDERICK TOWN GOVT 3 970 304 6498 NO.107 D01 LL A.S.:, - . TOWN OF FREDERICK .,i its!. 401 LOCUST STREET• P.O.BOX 435 • FREDERICK, CO 80530 .� PHONE:(303)833-2388 • FAX: (303) 833.3817 401.111 t- April 22,2009 ,, RE:Life Bridge Church Dear Mr. Ogle; The Town of Frederick is aware of the building plans for the Life Bridge Church. We want you to know that Frederick is not opposed to these plans. SincLcerely, l'U� Richard P.Wyatt Mayor 1 itilIV�9� 9 His v�b•, A FM 200 6 �. , �,t 4 ir„ as ^. i r��e .'t 9tf , ;y. c 2a -/7-AF- City of Longmont 2007 cca /7Jt SUN.25.2003 10:05AM N0.981 P.2 p-3)DEPARTMENT OF COMMUNITY DEVELOPMENT .,PLANNING DIVISION Civic Center Complex/Longmont,CO 80501 (303) 651-8330/Fax#(303) 651.8696 CbfioRit 0 E-mail: fon Om lannint a ci.lone nont co us Web site: h ;//www.ci.lon ont.co.us June 25,2003 Board of County Commissioners Weld County 1555 N. 171 Avenue Greeley, CO 80631 RE: Case Number: PZ-1004: LifeBridge Christian Church PUD Change of Zone Dear Commissioners, The City of Longmont has provided several sets of comments on the LifeBridge Christian Church PUD Change of Zone application to the Weld County planning staff. The City is pleased that the applicant has addressed many of the City's concerns. However,the City still has remaining concerns, These include impacts to Longtnont's scenic entry corridor, and the need for Weld County to provide for much-needed urban-level services in the I-25 Mixed-Use Development Area. In addition, the City also has some comments regarding drainage,which are attached to this letter. The City would also like to state that Lifebridge voluntarily discontinued processing its annexation application for additional development at its current location because they could not assemble enough property for their new mixed-use development plans, The City has always acknowledged the urban scale of this project and is willing to deal with its impacts as long as it conforms to standards established for our community. Should the County decide to allow development that deviates form those standards, the City would like to discuss an amendment to our Intergovernmental Agreement which currently states that Longmont's standards would apply to urban development in this area. This is why the City respectively requests that the County ensure that the following comments are addressed, Preservation of Longmont's scenic entry corridor The City has concerns about the potential for a 60' tall auditorium with a fly space that would bring the height up to 75'. A structure of this height would alter the scenic quality of the entryway to Longmont. In fact, it could be a visual focal point that would detract from the view of Longs Peak, The City respectfully requests that the Commissioners give serious consideration to the impacts of the height not only on adjacent properties,but on the surrounding area as well, esageittiksissmirmainowassirmsawaris 2f)^8 /2 JUN.25.2003 10:05AM N0.981 P.3 Urban services This application proposes an urban-style development that will add up to 175 dwelling units, a multi-use church campus and commercial uses to Weld County's 1.25 Mixed-Use Development Area. People in urban areas tend to want urban-level facilities and services, such as public libraries,parks and other recreational facilities. Longmont's plans for future mfr-ast uuture and services do not anticipate meeting all the needs within this area. We therefore request that Weld County increase its level and range of services throughout the 1-25 Mixed-Use Development Area to meet the increasing needs of the community. The City of Longmont cannot be expected to provide them for Weld County residents. If you have any questions,please contact me at 303-651-8336. You also may send e-mail to me at andrea.mimnaugh@ci.longmont,co.us. Sincerely, Pilaf.41044 n Andreea/`//Mimna ugh Senior Planner Attachment: Storm drainage comments, dated June 10, 2003 xc: Phil DelVecchio, Community Development Director Brad Schol, Planning Director Froths Greenberg,Principal Planner 2009 JUN.25.2003 10:05AM N0.981 P.4 City of Longmont Storm Drainage Comments LifeBridge Christian Church PUD June 10, 2003 1. The box culvert under State Highway 119 for Spring Gulch No. 2 (passes through Sandstone Ranch)was constructed with the capacity to only pass the 50-year storm event, about 2,500 cfs, since this was a rural area in 1977 when the culvert was replaced The remaining 2,657 cfs does not overtop State Highway 119 but follows the highway on the north side of the road east to the St. Vrain River. The plans should identify this flow and show how it affects the property. Our estimates show a 500 foot wide floodplain on the north side of State Highway 119 flowing east to St. Vrain River. 2. The City of Longmont will be providing the NPDES requirements for the urban areas of Weld County adjacent to the City(by agreement). This property should include water quality ponds and other erosion control best management practices as described in Urban Drainage Volume 3 and CDOT's "Erosion Control and Stonnwater Quality Guide." 3. Off-site flows from Concepts Direct and Longview subdivisions must be passed through this property. They are part of this drainage basin that flows to St. Vrain River. 4, Please be aware that CDOT is reluctant to allow drainage channels within their right- of-way and that the release of stormwater from this site to the north right-of-way of State Highway 119 requires approval from CDOT. 5. Oligarchy Ditch is identified as an outfall for some of the storm drainage water. The capacity of the ditch must be checked and approval for the release must be obtained from the ditch cornany. 6. This application proposes an urban density development, The drainage improvements such as curb and gutter and storm sewer system should be designed as an urban street section rather than a rural housing development style. 7. City of Longmont Storm Drainage Criteria and Standards should be used for design and construction since County criteria and standards are not designed for urban development. If you have any questions on these comments,please contact David Hollingsworth, Senior Civil Engineer,at 303-651-8328, or e-mail at david.hollingsworth®ci.longmont,co,us 2010 AaLard DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic Center Complex/Longmont, CO 80501 ebt OR Poo (303) 651-8330/Pax#(303) 651-8696 Emma ii: lonemontplanning(al ci.longmont.co,us Web site: http://w .ci.longmontco.us March 12,2003 Mr. Kim Ogle Weld County Planning Department 1555 N. 171h Avenue Greeley, CO 80631 RE; Case Number: PZ-1004: Lifelridge Christian Church PUD Change of Zone Dear Kim: In response to a request from the LifeBridge Church,The City is providing comments on the revised LifeBridge Change of Zone application submitted to the City on February 27, 2003 by Tetra Tech RMC.All of the City's previous comments, as stated in my letter of February 5, 2003, still stand unless specifically modified in this letter. The proposed PUD Change of Zone application includes 313 acres±and is located on the north side of SH 119 across from the Vista Commercial Center, It is just southeast of Union Reservoir. There are several changes to this application that affect the comments the City previously provided: • The total square footage of the church campus is reduced from 2,0 million square feet to 1.5 million square feet. • The FAR of the church campus is reduced from .34 to .26. • The maximum height of any architectural elements on the church chapel has been reduced from 200' to 150', • The size of the amphitheater has been reduced from 3t seats to 1500 seats. '` • WCR#26, has been relocated to the property line so thathe cost of construction will be shared by LifeBridge Christian Church and the City. Church campus location The City is encouraged that the applicant has reduced the size of the church campus and amphitheater. However,the updated traffic study indicates that there are still an estimated 28,000 trips generated from this site, 11,550 of which will be generated by the church campus and sahnionsamminima 2011 , , s� p amphitheater. For this reason,the City still feels that this is an intense use that would be better located adjacent to SH119 as opposed to the edge of an urban area where the additional traffic will pass through an area of a lesser intensity. The City questions why the total number of trips has not decreased given the reduction itt size of the buildings in the church campus. The City understands that the traffic study may be updated with future applications, and if so, we would welcome an opportunity to review it and re-evaluate this comment at that time. Preservation of Longmont's scenic entry corridor The City is also encouraged that the maximum height of the architectural elements on the church chapel has been decreased from 200' to 150', The City is concerned that taller structures in the area east of Longmont will effect the scenic quality of the entryway to Longmont, While the City feels that lowering the height is a step in the right direction, our concerns remain. The City understands that the applicant will provide more detailed information with future applications, including a depiction of the church as it would appear against the mountain backdrop from an appropriate location along SH119. The City will re-evaluate our concerns and provide additional comment as we receive more information with Mute applications. • WCR#26 relocation As requested by the City,the relocation of WCR#26 on the revised plans is shown on the property line between the City and Lifebridge properties, The City requested this location from its current alignment on City property so that both the City and Lifebridge will share the cost of construction of this road, The City has no further comments on this issue at this time. If,you have any questions, you may call me at 303/651-8336, You also may send e-mail to me at ancirqa.mimnaugh@cLIongmont,co.us. Sincerely, 401411414441 41116 A Andrea Mimnaugh Senior Planner xc; Phil DelVecchio, Community Development Director Brad Schol, Planning Director Froth Greenberg, Principal Planner <<. File: #2050-5g2 • 2 2012 Weld County Planning Department GREELEY OFFICE FEB 0 6 2003 �� LONE' , y� q g� f- RFCFIVFD F1� L-1.1 `,b �✓ rrj `:i DEPARTMENT OF COMMUNITY DEVELOPMENT v4 _ PLANNING DIVISION t Civic Center Complex/Longmont, CO 80501 c�LOR �� (303) 651-8330/Fax# (303) 651-8696 E-mail: longmontplanning@alongmont.co.us us Web site: httpJ/www.ci.longmont.co.us February 5, 2003 Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Case Number: PZ-1004: LifeBridge Christian Church PUD Change of Zone Dear Kim: Thank you for sending the application for the LifeBridge Christian Church PUD Change of Zone application to the City of Longmont for our review and comment. The proposed PUD Change of Zone application includes 313 acres± and is located on the north side of SH 119 across from the Vista Commercial Center. It is just southeast of Union Reservoir. Proposed land uses include the following: • church campus (chapels, amphitheater,prayer garden) • church worship and learning center (auditorium, performing arts center, c hildren's education, recreation center) • • community center • mixed use commerciaUresidential areas • neighborhood commercial center • single family residential • attached residential • assisted living village • neighborhood park Besides being located in Weld County's I-25 Mixed Use Development Area, this proposed development in located in the St. Vrain Valley Planning Area of the Longmont Area Comprehensive Plan(LACP) and is within the cooperative planning agreement area of the recently adopted IGA between the City and County. The LACP designates SH 119 as an exre5swa and Fairview Street is a designated as an arterial south of the railroad tracks . 2013 ../GO -/ Sir The City provided comments on the LifeBridge PUD Sketch Plan application and thanks the applicant for responding to some of those comments. However,the City stil bnmeraL comments on this application. Th_e_y include traffic, land uses, vistas and trails, and drainage and water quality. Traffic The proposed Change of Zone application includes one new railroad crossing at Fairview Street. The LACP does not currently show the extension of Fairview Street north of the railroad tracks as it is shown on the proposed Change of Zone application, however, the City supports the applicant's application to the railroad for this crossing. Please note that access from the single family residential development area to WCR 26 will require approval from the City. The applicant should contact the Water/Wastewater Department, which manages this property to discuss the request. Having noted this, however, the City ` w questions why the proposed realignment of WCR 26 should remain on City open space. Since this stretch of the road will serve the subdivision, the City feels that a better location for the road might be through the subdivision. According to the traffic study submitted with the Change of Zone application application, this project is projected to generate over 28,000 daily trips to and from the site. This number was calculated assuming that 50 percent of the traffic using the medical office buildings and commercial space would be internal traffic that would not use the external street system (i.e. it is excluded from the 28,000 estimated trips.) The City still questions the assumption that internal traffic will account for 50 percent of the trips, given the commercial area's high-visibility location and size(472,000 square feet). Either way, the development will contribute to congestion on City streets in Longmont. According to the study, in the long range future (2020), the intersections of Highway 119/Fairview Street and Highway 119/WCR 3 1/2 are expected to work at LOS D or better with j the existing two through lanes in each direction on Highway 119 (with dual left turn lanes north and §outhbound). However, with projected traffic from the proposed development, both of the intersections are projected to operate at overall LOS F during the p.m. peak unless a third through lane is added to Highway 119 in each direction. This is a substantial impact on the road network from this proposed development. The City respectfully requests that the County determine how this impact will be mitigated prior to approval of this project. The City is willing _- I to work with Weld County, the Colorado Department of Transportation(CDOT), the railroad, and the applicant to plan the road network for this area. Land uses Weld County's I-25 Mixed Use Development Area Structural Plan designates most of this property as residential with a neighborhood center near SH 119, a neighborhood park,and a trail. WCR 26 is the northern boundary of the I-25 Mixed Use Development Area in this location. The City still questions whether the intense land uses proposed in the northern portion of the site i^ (such as the church chapel campus, and the church learning facilities)maybe more appropriately located closer to SH 119 rather than at the edge of an area planned for urban development. 2 2014 Given the results of the traffic study, there will be a substantial amount of traffic generated from the church uses that will pass through the residential area on WCR 3 % to SH 119. Weld County may wish to explore with the applicant alternative locations on the property for these intense land uses. As stated in the City's previous comments, please be aware that there are agricultural operations on the City of Longmont Open Space parcel to the north of WCR 26. With a residential subdivision proposed for the other side of this road, there will likely be complaints due to odor and slow moving agriculture equipment on WCR.26. In addition, with the expansion of Union Reservoir and relocation of the campground, marina and swim beach to the south east corner of the reservoir,noise from these activities may also have an impact on the residential development, as well as the additional traffic associated with these types of activities. Vistas and trails The City has concerns about the potential for a 120' tall auditorium with architectural elements up to 200' on this site. A 200' structure at this location would significantly alter the scenic quality of the entryway to Longmont. In fact, it would likely become a visual focal point for the ,' area that would take precedence over Longs Peak. The applicant's written statement submitted with the sketch plan application includes the following: "innovative siting and design techniques are used . . . to preserve prime visual features" (page 14 of 24) and"the goal of this application is to demonstrate that LifeBridge is compatible with existing surrounding land use in terms of ' _building height. . "(page 15 of 24). The City questions how the proposed height of the auditorium fits with the stated goals of the project and respectfully requests that the height issue be re-examined for its impacts on the area. The City strongly encourages the applicant to provide a trail on both the west and south side of the single family residential area. These trails, in addition to the frail proposed along the Oligarchy Ditch, could connect to the City's trail system in the future and provide for much K needed community connections to regional trails. Please note, however, that the only primary greenway that the LACP shows north of SH 119 and east of WCR 1 is along Spring Gulch. If there is to be a connection between the trails City's trail system, Weld County will need ensure such a trail connection happens since it will likely occur through property under Weld County's land use control. Drainage and water quality There is a large drainage flow of approximately. 1,300 cfs (cubic feet per second) flowing east toward the St. Vrain River along the north side of SH 119. Since CDOT only sized the Spring Gulch No. 2 box culvert for a 50-year storm,the excess flows during the 100-year storm back up and then flow east to the St. Vrain River. Such flows may affect the land uses proposed along SH 119 and the proposed Change of Zone application as a result. The proposed development will have impact on the St. Vrain River due to the increased urban stormwater runoff. Water quality in.the St. Vrain River is critical and has been the subject of 2015 3 considerable effort to improve. The applicant should properly design a stormwater system that tl includes controls on both release flow rates and the water quality of the runoff. " The City of Longmont owns a majority of the outstanding shares of the Oligarchy Ditch Company. Consequently we have an interest in making sure that any proposed development does not impact the ability to operate this ditch. The agreement should include provisions for a maintenance roadway along the open ditch, or access to manholes where the ditch is piped. It is possible that this roadway could be incorporated into the proposed trail. Naturally an agreement will be required with the Oligarch Ditch Company prior to any work in the ditch or the ditch easement. The single family subdivision on this site does not account for the Oligarchy Ditch in the southwest corner of this development. Overplatting of the irrigation ditch with lots does not generally allow for reasonable future maintenance of the ditch. This corner should be replatted to include open space similar to that existing on the east side of the proposal. If you have any questions, you may call me at 303/651-8336. Ken Huson, Civil Engineer IV, can answer questions concerning the Union Reservoir expansion, a right-of-way permit for WCR 26, and the City's interest in the Oligarchy Ditch. Ken can be reached at 303/651-8340. Nick Wolfrum, City Engineer, can answer questions concerning the road network and drainage. He can be reached at 303/651-8307. Cal Youngberg, Water Quality Director, can answer questions concerning water quality. Cal may be reached at 303/651-8399. You also may send e-mail to any of us using firstnatne.lastname@ci.longmont.co.us. r Sincerely, � l�l� /ims41 Andrea Mimnaugh Senior Planner xc: Phil DelVecchio, Community Development Director • Brad Schol, Planning Director • Phil Greenwald, Transportation Planner Nick Wolfrum, City Engineer David Hollingsworth, Civil Engineer IV Ken Huson, Civil Engineer IV Cal Youngberg, Water Quality Director Paula Fitzgerald, Parks/Recreation Projects Coordinator Dan Wolford, Superintendent of Open Space and Trails Ben Herman, Clarion and Associates File: #2050-5g2 2016 4 r Town of Mead 2017 ,Wg-1733 ofeadP P,O.Town 26 Mead (,� Box 626 441 Third Street ^••_Mead "A,,. pig FIj m.n Mead, Colorado 80542-0626 (970)535-4477 • • July 3, 2003 Weld County Planning Department GREELEY OFFICE Ms. Monica Daniels-Mika JUL - 7 2003 Mr. Kim Ogle RECEIVED Weld County Planning Department 1555 N. 17`t' Avenue Greeley, CO 80631 Dear Monica and Kim: This letter is the Town of Mead's reply to the follow-up referral transmittal on the LifeBridge Christian Church project, particularly with regard to the subsequent receipt of the June 2002 traffic study that is otherwise referred to in other portions of the petitioner's docket. • Thank you for the opportunity to comment on this matter so close to the hearing date of July 9, 2003, owing to the juxtaposition of the Town Board meeting schedule to the County's desired reply dates for this hearing. The Town Board in consultation with staff have reviewed the transmittal, but in particular, the various issues involved with traffic. The Town is primarily concerned with the apparent assumption and/or methodology of the petitioner's traffic consultant that traffic flows from the project will travel east-v est on SR 119 or WCR 26. We could find no indication that any analysis of northbound traffic was conducted, or at least it was apparently assumed to be negligible anywhere else except on WCR 1. This is illogical. WCR 5 is a direct route north out of the project's boundaries and traffic could also access WCR 7 north via WCR 26. Admittedly these are gravel roads at present, which inhibits traffic counts, but they will not remain so forever, and with the scale of development proposed for the project, some flow north is logical regardless of driver convenience perceptions of gravel roads. In addition, WCR 7 is now signalized at SH 66, which induces its use. Furthermore, the congregation's members cannot all live only in Longmont or in the MUD or communities to the east served by SH 119- The Town believes that there will be some impact on Mead that should be quantified. The Town requests that the petitioner's traffic consultants should be required to address northbound traffic, and this work should then be checked by the County's traffic engineer. In addition, the County should require some form of proportionate improvement to northbound roads in the vicinity of the project. Requiting the paving of'only WCR 26 is probably insufficient compared to the impact involved. ti'S Ms. Daniels-Mika and Mr. Ogle July 3, 2003 Page 2 Please enter this letter into the public record for the hearing. If you have any questions,please let me know. Sincerely, , Fes+ Michael D. Friesen Town Administrator Zr �1J C. WO3 -//'5 V ead Town of Mead P.O. Box 626 447 Third Street Mead•"A Little Town Mead,Colorado 80542-0626 With a Big Future" (970)535-4477 April 7, 2003 Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 • Re: Case No. PZ-1004 Dear Mr. Ogle: The Town Board has reviewed the Weld County Referral of March 13, 2003 concerning the PUD Change of Zone application of the LifeBridge Christian Church, and accordingly, the Town has the following comments to submit concerning this proposal. 1. The Town would not be interested in annexing the property with the proposed plan as it stands. 2. The referral was incomplete. It does not contain all of the submittals that are referred to in various places in the application material, such as letters, traffic studies, County staff comments, and so forth. The Town believes that referrals should contain copies of the entire application package so that it is not necessary for its staff to solicit additional information from the County or to have to come to Greeley to review it. 3. The Town questions whether or not this application really adheres to the Weld County Comprehensive Plan. 4. Any potential traffic impacts on the Town of Mead should be mitigated, including but not limited to paving and road improvements to WCR 5 and WCR 7, since the site plan depicts a northern exit from the site at WCR 5 and WCR 26. There will be a northern impact because not everyone will access the site from SH 119 or from the west. 5. The Town deems this proposal to be an incompatible land use with the Town of Mead and with the surrounding area. The Town's position is that the County is considering and/or permitting suburban/urban-scale development in unincorporated areas that should instead be developed in municipalities. If you have any questions, please let me know. Sincerely, Michael D. Friesen 2020 Town Administrator —/ Si Mr. TETRA TECH RMC JunKimOgl3 une 20, 2003 Page 4 of 4 - • BUILDING HEIGHT—within the Church Campus Church Campus Off Set from Maximum Building perimeter of the 160 Height—with out acre Church residential units Campus adjacent to the Elms along the east property line East Property Line 0— 125 ` ! 0' 125' —250 ` 30' 250' - 375' 45' 375'—500' 55' 500' —700' 60' 700'+ 60'** Nest Property Line 125'—400' 45' (WCR 3 '/2) 400' - 500' 55' 500'+ 60'** North Property Line 125' - 400' 45' (WCR 26) 1 400' —$00' 55' '160' IC:13 609'18860' 60' 13C SKr+ 60'** South Property Line 125' —300' 300—400 55' 400 - 800 ! 60' 800'+ 60'** ** Up to 20 percent of the buildings in t e center portion of the of the campus may extend up to 75"tall wet L etc' 4 I C DV 301 H:\4270_OOl\changeofzone Response toCCcomments.doc EXHIBIT 2021 '-6#lazy n- 3. Additional Restrictions on the Church Campus • No buildings can be constructed on the eastern 30% of the 18-acre area,identified with 75- foot maximum building heights, for 10 years(see drawing). • The overall square footage of the church campus has been reduced from 2.0M square feet to 1.5M square feet.This is a 25%reduction in the overall size of the development within the church campus.This 25%reduction includes buildings, traffic, and parking. • The following three restrictions additionally affect the eastern most 500 feet of the church campus area.The eastern 500 feet of the church campus is approximately the 60 acres on the east side of the campus. o The footprint area of all of the buildings in the eastern 500 feet of the church campus area will not cover more than 20% of the land.At least 80%of this area will not have any buildings. o The maximum north-south length of any building in the eastern 500 feet of the church campus area is 250 feet.No building could have a north-south length greater than 250 feet. o The minimum separation between buildings in the eastern 500 feet of the church campus will be 75 feet. All buildings in this area will be at least 75 feet apart. 2022 Page 2 of 4—LifeBridge Letter to Homeowners ) BULK STANDARDS SUMMARY: LIFL RIDGE PUD v. WELD COUNTY CODE LIFEBRIDGE PUD CHURCH SINGLE FAMILY SINGLE FAMILY& ASSISTED MIXED USE COMMERCIAL NEIGHBORHOOD WELD COUNTY CAMPUS RESIDENTIAL ATTACHED LIVING OFFICE/RETAIL CENTER CENTER RESIDENTIAL VILLAGE Minimum LOT Size WA 7500 3500 N/A N/A N/A N/A (SF) 6000 6000 6000 Minimum LOT area N/A 7500 2500 WA N/A N/A N/A per Residential 6000 4500 4500 Structure(SF) Minimum LOT area N/A 7500 1500 N/A N/A N/A N/A per Unit(SF) 6000 3000 3000 1 _ 20 n Minimum 25 FEET 20 FEET 20 FEET 15 FEET 0 ET 15 F= 10 1500 SETBACK(feet) 25 FEET 20 FEET 20 FEET 20 FEET ' -*EET - - ET 25 Minimum OFFSET 25 FEET MIN 5 FEET Side Yards, 5 FEET OR 0 FEET 15 FEET 0 FEET MIN 15 FEET MIN 15 FEET MINIMUM (feet)Fences are Setback From 15 Feet Corner With Minimum 10 Feet Minimum Setback From Setback From Setback From not required to Property Line Setback;20 Feet For Between Structures, 15 Setback From Property Line Property Une Property Line comply with the Rear Yards;3 Feet Feet Comer Setback;20 Property Line minimum OFFSET 25 FEET MIN For Accessory Feet For Accessory and may be located Setback Structures(I.e., Structures(I.e.,Garages 5 FEET or 1 10 FEET MIN 10 FEET MIN 10 FEET MIN on the Property Une From Garages or Sheds at or Sheds at Rear Lot FEET Setback From Setback From Setback From Property Line Rear Lot Line) Line) for every Property Line Property Line Property Line 5 FEET or 1 FEET 5 FEET or 1 FEET 3 FEET Bldg for every for every Height 3 FEET Bldg Height 3 FEET Bldg Height Maximum SEE 30 FEET 45 FEET 45 FEET 45-55 FEET 45-55 FEET 55 FEET BUILDING MASSING Portions of the Portions of the HEIGHT(feet) TABLE FOR Structures such Structures such as BULK as parapet walls, parapet walls, STANDARDS clock towers or clock towers or IN THIS other architectural other architectural AREA. features up to 55 features up to 55 FEET FEET 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET 45 FEET Maximum LOT 85% 50% 60% 75% 85% 85% 85 Coverage(%) 85% 50% 60% 60% 85% 85% 85% Maximum number NOT NOT PERMITTED NOT PERMITTED NOT NOT PERMITTED NOT PERMITTED NOT PERMITTED of ANIMAL UNITS PERMITTED R•1: TWO(2)PER LOT PERMITTED permitted per LOT w/o Special R-2: NOT PERMITTED NOTiN NOT PERMITTED Permit on TWO(2)PER LOT PERMITTED NOT PERMITTED NOT PERMITTED N Church Campus 1 W N "1p , Y Table 1,Bulk Standards,page 8 ) ... v .. .,,r ' —._._. ..- -� w W. k - N . y ' I - . 'she � ✓` ', . . x }•� ; .-v ' 4 c a . la, tle 1 -...,t„ p ' ,P n F`t pp t.•sue., f - _ C.4 `c.t k" , '''.& ` 0. ef` h `mot.. YY # 1 5!R+}`3P£ .,` _ sac __ l Ar Y A• . _' .< I, . _ :qy ..,. p.At h.`. x{.i• ?a t i *' ._ l.T '' &Si }yy(]� pAy r 4Ti f r_ ..r � pp — .72';';%,,-".•- •$ t li ti k.J,i►�ifW .� i1 s..' te ;`•"'- ° { .'Aa }.. M!� ..,. »' a'7e y:'g �1ti R -+.x 3a. 1. r x Yx. A} ''- l r �,_,< a`-. ' z Zr �. �� .e, a c�k „ ti Y ,...._________,_, .....7 , .. .... f! N a, a T itiiiet", r . , • , --, e_ .., cc:, b k �.� • _ _ __ _ _ _ _ j _ . � . `a a r i EXHIBIT Q --- p #loot' ) ) Total Peak Hour Counts June 2.9,2003 Weld Court/-UMMBddpe Tnaec Study>Adjacent Naghborhood I Ate 1 Tart Nit 1 Ou 1 St 1 se I sun 1 4407 Location Shoat 12 Entrance Road ADT 4 A 506 MPeek4 44 .1 it s . u i 733 I 636 ( er P74 588 �Elmar Urm IAM AM P3B 491 olk 0 44 :. L do 52 37 'Ott I* fill 11191 _ 45 4s 85 889-Meadow Vole Rd ADT - 90 - 97 *4 72 70 78 AMPeek = z :; d - e 8 5 5 7 PM Peak i 14 - . K 4t 12 11 14 12 3 8 4 Peed Fbv4att ADT - '_01C-002 174 148 158 AM Pala .--` -11Willis`.„i +-: 9 14 13 PM Peek w_ ,-41- `' :0-"- ? 23 17 24 2 'Ashton Road ADT A 84 77 72 58 95 75 73 AM Peak 13 4 i 13 42 1 12 11 10 PM Peak 14 13 12 t4 13 14 10 12 1 Riar View ADT 41 42 W 51 54 45 AM Peek 3 7 a - a - 7 8 e PM Peak 42 a tt 11 11 10 7 'Pleasant FIN AMT t=, F 777,....._21 , 701 - 18 123 .183 7 AMR,* Ikt-- i{F �,-� ' - ;� � 18 13 17 PM Peek ID S 20 4 - 17 21 10 Blue Mlonatan E ADT - 1113 AMPeek '- 13 PMPeak 1'7 _*��az?' . e i4- . , 18 all 'BlueMo mainW'ADT 223 284 288-le 24 16 22 NPMPeat "' A 96 90 28 ( 1) \ Gil Stns -Saturday and Sunday ( Ada D ily Trait Oemape a Traffic Cart location = Monday drown Friday Adjusted Menge Only mans 0.9 Seasoned Adjustmart Factor l /if g: c iJ Rezoning Applicatio � � 004 :ito New Items Peter Hays Gries Citizens for Sensible Development of Weld County wvww. sdweld.arg! s{ , PLC W- N www.weldhomeowners .org/ II EXHIBIT qaq #troy New Items .� at' ,M„ 4ti•".��if+u*Ff+�. xa f rho✓,n + ..t.a.. `. ' 1 . Incorporation of Freedom CQ 2 . Weld Code I : Jurisdictional Defect 3 . Weld Code II : Compatibility Standards • General use, building heights, scale, density, traffic, dust and noise 4 . Community Opposition : Two Questionnaires 1� O ) 1 . I n orpor n of Fr , CO • Application FEZ-1004 includes over 40 acres that all be part of the new town of Freedom, CO. • Incorporation election has already been scheduled for 26 August 2003 . • Legal issue : Over 10% of the +/- 300 acre application will no longer be in Weld , and therefore constitutes a substantial change to their application , requiring that it be resubmitted to the Planning Commission . • Political issue: By proceeding with this rezoning now, the County Commissioners will be trampling on the N democratic rights of over 000 Weld citizens. t� } } I �.. ..;t''. i. • l ...I4..,_,.:,..,...-y.. ...- ..... .�l t S,..,..f )Y� j�1-a,•g _ :yk:„1..,...„.„:„..,," {. .„:.. � -r: :.,....,t...2‘..:).4.....,..._..• • -�,. • t _ R• .1' :y • yMi'->:.. ,j• •• %it n, s • ,.h::•,,,..,,,O•.:,,,. ^.'= • '., .. ,,,..n,..„....,t w yi ••-r, • "!::...'7.44.;-4..,• ri1 .at,1"t` it.rteiM+3), ..:1 ,.••�- } T'tF"''.;2' •'f.- •- -J '12'1'14 2'h ♦ i 1.. i'-X`1 �`4..'." -,1.,- •,,..-.. -a.r...wrx- l�,!�.ttt , • „ • �... tt '',"t ..i1, t' •;t. t :a: , .. ;- is i j C CD PROPOSED BOUNDARY FOR J NES E NEERING 3000 1500 0 3000 soon TOWN OF FREEDOM, WELD COUNTY, COLORADO i JOB NO. 3019 ASS , INC \ JUNE 26, 2OO3 2329 West Main Street,Suite 105 t '. Littleton,Calaudo 80120 �,, SCALE: 1" - 3000' SHEET 1 OF 1 Phone:303-738-0283 Far,303-738-0285 ) ) 2 . Wed od I Jurts • You cannot continue a hearing that was no't properly posted, and you cannot have a new hearing without putting a new sign up. • Because this is a question of democracy and transparency of government, there is a strict legal standard . • Weld will be sued if it proceeds without first correcting this problem: • Why not fix the problem now, instead of wasting taxpayer time and money waiting a year for a judge to overturn a rezoning? N W N ) ) ) 8 July 2003 fitter from PLC ATTORNEY AND COUNSELORAT LAW • "This letter is directed to the evidence in the record regarding the applicant's and County's compliance with required referral and public notice procedures . As you are aware, this case has been plagued with notice irregularities from the start. Exhibit 152 shows that the first Planning Commission hearing—March 18 , 2003 was called to order even though there had been no published notice of the hearing as required by County regulations. ThePlanningCo mission action was not permitted . The County is not permitted to k call a public hearing to order and "continue" it g pa, unless and until the County has satisfied all la jurisdictional notice requirements. ) ) ) t iv ' 3 le �" frors T �R H . ZIEMKE , Lc ATTORNEY ► D COU NSELOR AT LAW • "The sign posting for th t hearing was also flawed. ` 'Exhibit 227 certifies that a sign was posted for "fifteen days" for the Planning Commission hearing . This is the only sign posting evidence in the file. There are no photographs of the sign } , showing when the sign was posted, or that thfe sign contents satisfied County requirements, or any other evidence of compliance. N e 1 N 1 ) 3 . Weld Code II : The Co , tib��4y Standard Weld C 0 de Section 26- 1 -50 4 MUD . C .4 (b): • "New development shall demonstrate compatibility with existing surrounding land use in terms of general use, buildin heights, l ' , density, traffic, dust, and noise . " st )) ) • .3a ) Co � fjI t, . In{ i Wit, E rs off t IA � LifeBrid a raaein a ' PUCE with , R1 , R R3 , R1 and C2 zoning . • In the LifeBridge Ne sletter, Administrator Bruce Grinnell claims that "We have filed our application for change of zone with Weld County, from agricultural to residential" (Italics in original). • NOT TRUE : The bof f of the P rezoning request su lmiitt d to t Weld County is for Cl (neigh orho d commercial) and C2 (general commercial) zoning . This commercial zonin• g for theaters and gyms is incompatible with the existing residential homes surrounding it. ) ) ) �{� {1 y I t. \--,..-,...:7,-. ..A 1r-N hiul,S3M I i rs m �ti I 44 IS ff xat_ii. t �' 1\ iSO SS t P Ipo '�eL-•*r' ROO OVI \/\/eld 's r\,1 ( J1: I:D }'" 1 , ,.�. . 1 ►� J: k.\ :,„ , tio4 , „ sr designates field 1 _ 4rx ' Mr i for 6L !! .,,,.,.,.1.,.‘'.,1:Jr,'"I:: 1 j, wect � residential ,./,.. . 4 lig__ `�w..y�r . ; ._ I d 4L1„,L, 1 �,• 1 IfD development, . -� +� , . '�� :' \, NOT urban ,Wili -, , � h � � � �J 4' 1 ,iW � tl 1 C.O. W ,. development. _ �_r_ , l �`-y') 1 1 . r,r, aRmai:�.; . ..pl;n'' ► • •F • v G,SOD 3W0 foot a.; ;:'i,'I:- .•l,: Legend• • —m 1-W YYD Am 41444,04•Y1 UTItl 1 M MI rDAon-Us.*NtawlY ®1,,,,,/city Inuxdlem N ,,:'. IM s..ai�Rf a�a.-Iw he.rMa r >rotA% ——a�W DwH., ,;'i;1_11%; , 71MMM GnvnldM-Mwrr InastW (m) dnrltr►wY •�•hwoW DseO W ( - (� .. • .0:::,...:.: .-ti:, t w�ppw Gngr_yew M.Mf �) ildi qy� MOMM 1r !Won © _ ' '. +Ir �~—RMYMIMtl gfoMNa1-die,gt.,11y \�j TI0eMI dniw yY/fiw lYM �.�► Ch) r 1 * hw«rJDa.u.V um. • 1-25 Mixed Use Development Area Structural Plan Map 2.1 Structural Land Use Map CA) ':.' Yorth 1, 1997 3b ) Compatibility : uyid H . LifeBridge is requesting the right to build structures 75 feet tall . Because of their location up the hill from Farms and Elms , they will appear 100 feet tall . • Homes in the surrounding neighborhoods are 20 ft (Longview) and 28 ft ( Farms and Elms). The Code says "compatible" - NOT triple or quadruple . • The Island Grove Regional Events Center outside Greele seats a full 6 , 000 people but � a Y p p t is only 25 to 40 ft. tall . ) ) ) 3c) rat• ' fly : S • LifeBrirdg{e is r E est g 1 . 5 rail sq . ft. for their "Church campus alone . • The Twin Peaks Mall in Longmont is only 558 , 314 square feet. • This is urban scale development that weld will not adequately service , forcing Longmont to pi+ up the } 3d ) Compatibility : Density • LifeBridge seeks a 2% market share or 15- a 20 , 000 members. • This is not a church , it is a city. • The largest church in Colorado is the New Life Church in Col . Springs with 6 , 000 members . N ) ) 3e ) CompatTraffic 1 . LifeBri� Traffic . . ,, ,,, .ftniAirk'r'L -d � � 2 . Inte�rcatreetivr�ty 3 . CR 5. 51expansion : 1 -254-laner arterial 4 . Safety 5 . Proper y values �.. . „ § _. 41 s' �i' ..k 1 A hw i4 sF % k a i1 li'lOti.y,T,r, N s a i .M _ ,9 y ,s d 8 . i ';"` }.1!k � :.d ,ja,;,,;:F5 ' ' Gi�ia 4.Q.,N a#Y` ',.....i',. `. ' @.• �� r :'iIi ...tt� ,.. `. 4,... � This is highway 66 where the Lifebridge parking lot is bung entsned and exited o the right. ) ) ) LifeBridge Traffic • David D. Leahy, TDA Colorado, finds that in the long term , "Neighborhood traffic intrusion could be a serious safety and quality of life concern." • Even in the short term , the lack of any assessment of weekend traffic surges is unacceptable. • Matt Dellich's study for Lifebridge, inexplicably, only covers weekday traffic and is based on a I community college analogy, YiYsYregarding the two auditoriums and amphitheater that will seat over 10,000 people. • Hence his extremely low estimates of traffic fiows. A. Traffic : Interconnectivity 1 W 7441 • weld l County nt Public Works is recommending connectivity with Flms (opening up Pearl Howlett rt , Ind . so that t _traffic l l u t y the park/ chofol children pickup} and Farms (Blue n ain Rd . . ) ) Traffic : �� Expansion • 1-25 corridor 4-1 lane rte ial open house today! ! ! • CR 5 . 5 is Weld 's "alternative" to CR 7 , which CO State Parks refuses to allow. • That means that the Elms and Farms will be ass fed day an F r+ us traffic flows from troth side al-25 Corridor Study Microsoft Internet Explorer y i II 4 t p i ,..ie „,e, s t,�ttp ,»,Poi �i 4 Fie I:,dl4 11PYY ft,i 11 tUdeRiry i0#.it a Ph t P nI h =f v • . �K N��.44dt.& Y4p}t tli,}HIl{,hdl�pa 111 tbk,. iiiNn,4+15tHi.S ,. ,. c. 4, y7 ,,4,i.{,3 i+ 1 a,. dreSs http.//www co.weld.co.usfdepartmentsfpublic_works/publicworks_study html , , r 4.) Home Services Departments About Weld Property Information Contact Us Home > Departments > Public Works > I-25 Corridor Study tie . of Public Works WELD COUNTY PUBLIC WORKS DEPARTMENT ► ounty Roads Map PROJECT: I-25 Corridor Stud In SW Weld County !Road Closures Y oun y !Restricted Bridge List !Restricted Bridge Man Working with Erie, Longmont, Thornton, Northglenn, Dacono, Frederick, !Weed and Pest Division Firestone, Broomfield, Mead, Johnstown, Berthoud, Larimer County, Broomfield County, CDOT, and Special Interest Groups. .Lit "` 'aC Project Background !1-25 Corridor Study Significant growth along the 1-25 corridor in southwest Weld County in recent years has placed greater transportation demands on I-25 and other roadways in the area. In 1997, the I- ►Project Meeting Dates 25 Mixed Use Comprehensive Plan prepared by Weld County recognized this growth and !Parallel Lane Study Map recommended two 4-lane north/south arterial roadways (one on each side of I-25) paralleling Interstate 25 between Weld County Road (WCR) 20 and SH 119. These arterials were Address: envisioned to relieve the pressures on I-25 by providing more continuous, efficient and safe 1111 H Street routes for local traffic in the area. Subsequently, in 2002 the Weld County Roadway Greeley, CO 80632 Classification Plan extended these arterials from SH 52 to SH 66. Most recently, the I-25 Mailing Address: Regional Corridor Plan also recognized the need for a system of parallel arterials and has P.O. Box 758 recommended this concept for the area from Berthoud/Johnstown north to Fort Collins. Greeley, CO 80632 Currently,the project boundaries are defined to include an area 1 % miles east and 1 'Y2 miles 4y west of 1-25, extending from WCR 2 to WCR 50. („1 Phone: (970) 356-4000 Purpose of the Study Ext. 3750 These previous planning efforts in the study area have developed broad level concepts for or 304-6496 these parallel arterial roadways. The purpose of this study is to advance the planning for these sickt arterials to the next level of detail by conducting conceptual engineering analyses. The Fax: ultimate objective of this effort is to identify alignments and right-of-way requirements for each (970)304 6497 of these parallel arterials so that future development can be planned in concert with these arterials and so that rights-of-way can be preserved for the eventual construction of these Office Hours: roadways. Thus, continued growth in the area will not preclude the opportunity to construct 8:00 a.m. - 5:00 p.m. these arterials as they are needed and as funding becomes available. 4Q ) ) ahttp://www.co.weld.coms/departments/public_works/StudyAreas.pdf-Microsoft Internet Explorer ` " 12V4I.: ' d lilii I File ._Eft.. 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R t�• Ii Traffic : Propertyvalues • Donald Hammond of Hammond Appraisals : On full build out, traffic from mega- development could easily cost homeowners 10- 15% of their property values : that's $35- $75 , 000 each household ! • Given a collective investment of over $ 100 million made by the taxpayers living in the Elms and Farms at Meadowvale , you are 7ilg being asked to —,, $ 0-$15 miltion dollars cn from 400+ Weld homeowners - and gilys F , LifeBridge a rultimilliFon do la blank check. 3f) Cornpatlity : a #, £ d « N Li v h. • Plan includes a 1 , 00 seat outdoor amphitheater and a 6 , 000 car parking lot. • Plan includes perimeter roads that will generate unmitigated noise and light pollution . • 4 ft. berms on distant property perimeter will not block noise or lighht pollution . l . ) ) ) Wed Planning se s t t project is ,, • _ { • "The scale of the proposed structures is not in character with the area. " (Ogle , p . 30 ) • "The project . . . as proposed does not N demonstrate that the �PU� is bta com tii with' xi ti i land use, (Cle 9 , p . 3 } AjApouuooJojui ) 0 as�� do %l86 cp , uo �� i � dde a � pi� 8a�.ri juauno aye asoddo aaieuuogsanb suaaed pug suaiR ue 01 slue puodsaa 1. 61- auk jo % I6 uoi}isoddp AT ! UflWW0O t • LifeBridge Rezoning Questionnaire TO: <fintnme> =last none <Pillurth .> <street> FROM:Your neighbors,Citizens forSenstble Development of Weld County Please read the erne questionnaire before&ding your answers andret,mningit to: CSD 11706 Montgomery CUrb I.oarganOnt,Colarado..8.050.4 T e cumin Lifelkidge application includes a`Chinch Campus"i mtediatekj west of the Elms: • 1.5 mtlkonsquare feet(the size of three Twin Peals Malls) • 3,300 seat"ma➢es"audit:than and theater in phase 1 up to 75 ft high 'phase 1 is about 325 ; times tie voltare,or 1)4 tines larger volute than all of the houses presently builtin the Ehns and rums contrived) • 6)300 seat auditorium in phase 6 up to 75 ft high • lt;cener(gyatmasium),youthcenter(slaateb outing,etc),unicenity,etc.45-60 ft high each • 1,500 seat outdoor amphitheater • 125 ft buffer<ehns> • A slate d expansion goal of 15)300-20)300 members visiting each week QL'Do yousupp art the current LifeBridge proposal as it stands? YES NO NOT SURE If youmsweredno to the above,please=riser tire folowitg questions... if you answered yes, please answer question 3only Our cunentcmnuexvcposalincreases tie buffer to 400 ftand reduces their 45-75 ft heights to 30-50 ft,with a single ore-time variatre of 72 ft for tie theater scaffolding fly spre.It also asks for a single row of houses on the Easem set back line to buffer against noise and light p ollution Q2:If our c ounterprop osal is accepted,would you drop your opposition? YES NO NOT SURE Q3 Although LieeBridge has agreed to oppose any road connection between Pearl Howlett <farms and tie church campus,the Weld County Public Works staff has asked tire County Cmtuntissloren to require tut tie roads be c=noted Do you OPPOSE madc ormectiaty with tie dettalopnent? YES NO NOT$URE , Q4: Gin that the currentIi*Bridge proposal will lilely decrease the value of our hones,eveiy dollar invested now is likely to pry off later. We nuy reed to hire experts and players to help us protect our property values,would you le willing to contribute 1100 ornine to ow self-defense fund? YES NO NOT SURE Mail daoutLonsto: CSD 11706 Montgomery C3 1e Lottgnprtt,Colonclo„8050.4 ('NV- QIC If it bacon es necessary to challenge 4e rezoning,udf you participate in gathering 3)300 signatures NW, within 30 days to petition for a referendum to overtunt such a dec'lion? YES NO NOT SURE Ssaa^n Date Phone E-mail ) ) ) 191 responses to five questions Yes No Not No Sure Answer Q1: Do you support the current LifeBridge 6 174 9 2 proposal as it stands? a ' ,+ w . 1% 4 1..1°r%+0 4.7% 1 .0% Q2: If Our counterproposal is accepted, world you ' ` 64 50 11 drop your opposition? a 34.6% 33 .5% 26.2% 5.8% Q3: Although LifeBridge has agreed to oppose any 188 1 0 2 road connection between Pearl Howlett and Blue Mountain and the church campus, the 98.4% .5% 0% 1% Weld County Public Works staff has asked the County Commissioners to require that the roads be connected. Do you OPPOSE road connectivity with the development? Q4: Given that the current LifeBridge proposal will 88 35 57 11 likely decrease the value of our homes by thousands of dollars, every dollar invested now 46. 1% 18.3% 29.8% 5.8% Q is likely to pay off later. We are hiring experts CD 0 and lawyers to help us protect our property N values, would you be willing to contribute $100 or more to our self-defense fund? Q5: If it becomes necessary to challenge the 67 42 54 28 rezoning, will you participate in gathering 3,000 signatures within 30 days to petition for a 0 0 28.3% 14.7% g y � , 35. 1 /0 22.0 /0 N referendum to overturn such a decision? 4 1 ) Grinnell ' s "survey • Grinrlel' writes : "There has been request from re, icint within the Elms at Meadow Vale for a single row of residential housing along the eastern edge of the church campus. " • NOT TRUE : Grinnell is referring to an e-mail in which I suggested the possible •mift°i ti o "a row of houses west of t. : r!' - not eliminating ft,W the buffer. GrinneD ' s "sureve " J • FACT: At the County Commissioner's Hearing in May, LifeBridge requested a 125 ft buffer followed by building heights from 45 to 75 feet. Our counterproposal was for a 400 foot buffer followed by heights from 30 to 50 feet, with a one time 72 ft. variance for their theater scaffolding fly space . • FACT: At the end of the meeting , the Commissioners specifically asked LifeBridge to work with Elms and Farms residents to resolve the N buffer and heights issues. As you can see from Grinnell's letter and map, instead of compromising on heights and the buffer as the Commissioners requested , he has defied them by .elimin.ating the buffer entirely and ignoring the issue: ) ) ) dthe hine Lif Brid a Letter The Truth Ba BUFFER: At the County Commissioner's BULK: Although Weld Code hearing in May, LifeBridge requested a 125 ft designates this field for buffer followed by building heights from 45 to "residential" development, 75 feet. Our neighborhood counterproposal LifeBridge plans a 1.5 million was for a 400 foot buffer followed by heights square foot (three Twin Peaks from 30 to 50 feet,with a one tirne 72ft.variance Malls) city for their projected for their theater fly space. At the end of the 20,000 person congregation. meeting, the Commissioners specifically asked LifeBridge to work with Elms and Farms residents to resolve the issues of buffer and heights.As you can see fromGrinnell's letter and map, instead of #` _ ... .4„r a,.—•, • compromising on heights ,.�' and the buffer as the ,;77 OA Commissioners requested, } he has eliminated the buffer -'f ` and ignored the heights --,fir issue. The postcard survey reveals that Grinnell has -i4.'::-..n chosen to attack rather than compromise. ` • ri ,•wiett FYI um "4' ssa ... ' --4--- w .. CONNECTIVITY: Grinnell ''10 says that he opposes N „*- •��ilr= _. MI 1..nq„, ,..;, ..;.. le'/ interconnectivity, but O t F` LifeBridge's paid Traffic 27" f Engineer Matt Dellich Vi + Blue Mountain / argued at both the Planning FE and Commissioners' hearings that both roads HEIGHTS: Although the County Commissioners should be opened up. But instructed LifeBridge to negotiate with the Weld County,not LifeBridge, neighbors about heights, Grinnell has not given will make the decision, and an inch. These two auditoriums, which will seat Weld Public Works 9,300 people, are still 75 feet high. Because they continues to argue for are up the hill from the Elms and Farms, they will connectivity. And even if they do not open the roads appear 100 feet high. The "smaller" Phase 1 up now,Weld can open them auditorium will be larger than all 218 houses in the up at any time, costing us I Farms and Elms combined. each $35-$75 , 000 . cS)t IJ LL,. s) SSuO Se. 1 OJ !euuonnsan .• uo,l lsodd Apunuauloo s j N asiou P{un �snp ` i eat `Aj!suap ` alaas `siybiay 6u.p� nq `asn Iaaauao , . spaepueis Ai! i !q !Terl : apoo piaM •' E ioejea IBuoiloip ly' nr : 1 epoo pi. eM ' z O0 ` uaopOGJd, 40 uo!jBJod. o u l uoq eo dd 6u ! uozoJ loafs.] jsnw no�C AqM suos aj Jnod Hello