HomeMy WebLinkAbout20031520.tiff 10/05/2002 06:33 3039267859 BOULDER PACIFIC INC PAGE 02
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Rfriki
One Tabor Center,Suite 3000
1200 Seventeenth Street
Michael A.Shea R OT H G B R B E R Denver,Colorado 80202.5855
Attorney at Law Telephone 303 623.9000
303.628.9565 JOHNSON G Fax 303.623.9222
mshea®rothgerbeccom www.rothgerber.com
LYONS LLP
Denver• Colorado Springs •Cheyenne
June 25, 2001
Weld County Clerk & Recorder
1402 North 17th Avenue
Greeley, Colorado 80631
Re: Release of Surface Use Rights by HS Resources, Inc.
Ladies & Gentlemen:
Enclosed please find a Release of Surface Use Rights by HS Resources, Inc.
Please record this document and return it to me in the enclosed self-addressed stamped
envelope. A check in the amount of $15 is also enclosed for payment of the recording
fee.
Should you have any questions with regard to this matter, please do not hesitate
to contact Mr. Shea at the address indicated above.
Very truly yours,
ROTHGERBER JOHNS N & LYONS LLP
I tai -
Lila Valdez, Secretary t Michael A. Shea
MAS/Imv
Enclosures
4., EXHIBIT
H:1D\WP\F0\SHEA 1LYONS66\L-Weldetyc&L.wpd
2003-1520 I C:oo
10/05/2002 06: 33 3039267859 BOULDER PACIFI.Q.INC PAGE 03
RELEASE OF SURFACE USE RIGHTS
This Release of Surface Use Rights, dated as of June 20, 2001, is made by HS
RESOURCES, INC., a Delaware corporation, with an address of 1999 Broadway, Suite 3600,
Denver, Colorado 80202 ("HSR").
WHEREAS, HSR is the record owner of certain leasehold rights under those certain Oil,
Gas, Mineral Leases dated April 22, 1970, recorded at Reception No. 1547404, May 1, 1970,
recorded at Reception No. 1549370, and May 1, 1995, recorded at Reception No. 2452307 of the
real property records of Weld County(the "Oil and Gas Leases"), which leasehold rights include
express and implied rights to utilize the surface of the following lands in Weld County, Colorado
(the "Property"):
Township 3 North, Range 68 West, 6th P.M.
A portion of the NW/4 of Section 26, Township 3 North, Range 68 West of the
6th P.M., County of Weld, State of Colorado, being more particularly described in
Exhibit "A" attached hereto and made a part hereof.
WHEREAS, Lyons 66 Pacific LLC, the current surface estate owner of the Property,
intends to develop the surface of the Property and has requested a release of FISR's rights to use
the surface because of concerns that Lyons 66 Pacific LLC's proposed use of the Property may
be incompatible with HSR's rights to use the surface for oil and gas development;
NOW, THEREFORE, for and in consideration of $10.00 and other valuable
consideration, the receipt of which is hereby acknowledged, HSR does hereby forever release
and quit claim unto Lyons 66 Pacific LLC and its successors and assigns, all of HSR's express
and implied rights under the Oil and Gas Leases to use the surface of the Property for any reason
(excluding the reservations described below), including without limitation, the tight to use the
surface of the Pioperty to develop or produce oil, gas or mineral resources, to operate any oil or
gas wells or to locate any related equipment or facilities on the Property, together with and
subject to the following stipulations and reservations.
1. HSR is the owner of 100% of the working interests in the Oil and Gas Leases
insofar as they cover the Property and has authority to enter into this Release of Surface Use
Rights with respect to all working interests.
2. HSR does not release, quitclaim or waive, and expressly reserves, any and all
other rights it has under the Oil and Gas Leases, including rights to penetrate, develop, explore,
produce from or otherwise use the subsurface of the Property to develop the oil, gas and mineral
resources underlying the Property. Use of the subsurface of the Property for the purposes of
directional drilling is specifically contemplated and HSR does not release any rights incidental to
developing the oil, gas and mineral resources underlying the Property by means that do not
require occupancy of the surface of the Property.
10/05/2002 06: 33 3039267859 BOULDER PACIFINC
PAGE 04
3. HSR does not release, quitclaim or waive, and expressly reserves, all of HSR's
rights in and to the pipeline easement granted under the terms and conditions of that certain Oil,
Gas and Mineral Lease dated Apri122, 1970, recorded at Reception No. 1547404 of the real
property records of Weld County, Colorado, to the extent that pipelines have been actually
constructed and placed in service on or before the date of this Release of Surface Use Rights.
4. HSR shall not be prohibited by the terms of this Release of Surface Use Rights
from utilizing or traveling on any public roads or highways on or through the Property,including
public roads or highways that might be hereafter constructed over or through the Property.
5. The Release granted herein is effective only as to HSR,its successors and assigns.
This Release of Surface Use Rights shall be effective as of the date set forth above and
binding upon HSR and its successors and assigns.
HS RESOURCES,INC.
By',
et W. Pasque,Attorne m-Fact
r_3(STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
Subscribed and sworn to before me by Janet W. Pasque, Attorney-in-Fact, on the 7/51r
day of June,2001.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission Expires: .3,%/Ozr
ems• et w!
LYNDA K. HENDRIX "d"' ,G
NOTARY PUBLIC
STATE OF COLORADO Notary blic
My Commission Expires 3/10/2002
w
•
2
10/05/2002 06: 33 3039267859 BOULDER PACIFI,�INC
,.� PAGE 05
EXHIBIT "A"
A portion of the NW/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., County
of Weld, State of Colorado, being more particularly described as follows:
Commencing at the North quarter corner of said Section 26;
thence South 00 degrees 13 minutes 00 seconds West a distance of 40.00 feet to a point on the
South right-of-way line of Colorado State Highway 66;
thence South 89 degrees 25 minutes 00 seconds West and along the South right-of--way line of
Colorado State Highway 66 a distance of 1270.76 feet to the Point of Beginning;
thence South 00 degrees 13 minutes 00 seconds West a distance of 1279.93feet;
thence South 89 degrees 25 minutes 10 seconds West a distance of 1325.86 feet to a point on the
East right-of-way line of Interstate 25;
thence Northeasterly along the East right-of-way line the following three courses:
1) North 00 degrees 25 minutes 30 seconds East a distance of 20637 feet;
2) North 16 degrees 00 minutes 00 seconds East a distance of 1088.80 feet;
3) North 85 degrees 59 minutes 42 seconds East a distance of 500.89 feet to a point on the
South right-of-way line of Colorado Highway 66;
thence North 89 degrees 25 minutes 00 seconds East and the South right-of-way line of Colorado
State Highway 66 a distance of 52935 feet to the Point of Beginning.
MpuNrqA, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
�+ a Administrative Office:
9119 County Line Road• Longmont, CO 80501
30
( 3) 772-0710• FAX (303) 651-7702
view
Weld County Planning Department
GREELEY OFFICE
October 9, 2002 O C T 1 1 2002
RECEIVED
Mr. Kim Ogle, Planner II
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
I have reviewed the submitted material pertaining to the revision to change of zone plan for the
Lyons 66 Pacific Commerce Center Park, located south and adjacent to Highway 66 and east and
adjacent to the I-25 Frontage Road. The Fire District has no objection to the proposed
modifications to the site.
The Fire District reserves the right to make further comments as development proceeds. Nothing
in this review is intended to authorize or approve of any aspect of this project that does not
comply with all applicable codes and standards. We appreciate being involved in the planning
process, should you have any questions, please contact me at(303) 772-0710.
Sincerely,
CML ccc
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
file
'p'0.10.02
j EXHIBIT
A-L aas
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono.CO 80514
NOV-11-02 12 :50 PM SWIFT & ASSOCIATES 303 651 7226
P. 01
Swift and Associates
Town Planning ■ Urban Design ■ Civil Engineering
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MEMORANDUM
fTO: Kim Ogle, Planning DATE: November 26,2002
WI I
FROM: Drew Scheltinga, Engineering Manager
C.
COLORADO SUBJECT: Z-555 Lyons 66 Pacific
This referral is subsequent to our meeting with John Davis on this date and previous
conversations with Gloria Hice-Idler of CDOT. Comments made during this phase of the
subdivision process may not be all-inclusive, as other concerns or issues may arise during the
remaining application process. The items identified below should be addressed prior to the
Board of County Commissioners zoning hearing.
The center line radius of the curve on Pacific Circle should be 300' to accommodate two tractor
trailer trucks passing. This will be a common occurrence given the commercial use intended for
the development. Flattening the curve will necessitate adjusting the lines between Lots 6, 7 and
8.
When the I-25 Frontage Road is eliminated a cul-de-sac will be required at Out Lot B to provide
access the Rademacher property. The cul-de-sac shall be shown on the change of zone plat and
indicated as future construction when the Frontage Road is eliminated.
The 20' Landscape Easement shown on the John Deere property should be removed.
The Proposed I-25 Frontage Road at SH 66 shall be aligned with the entrance to the Sekich
Industrial Park on the north side of SH 66. The design shall be shown on final roadway plans.
An infrastructure phasing plan will be required. It shall indicate what is to be built at the
different stages of construction and include proposed improvement agreements for each phase.
The phases and any temporary construction shall be shown on the zoning plat.
Mr. Davis and his engineering consultant J. J. Kinsfather, of Swift and Associates, have had
extensive negotiations with CDOT. It is my understanding they are in agreement. A letter from
CDOT documenting their approval regarding the following items will be required:
1. Realignment of the Proposed I-25 Frontage Road.
2. Right-of-way acquisition by CDOT on the John Deere property.
3. Location of the cul-de-sac at Out Lot B.
4. Temporary Frontage Road access at Lot 9.
Page 1
EXHIBIT
�1? #5".55
Page 2
Z-555
11-26-02
At the time of final plat submittal the following will be required:
1. Final drainage report.
2. Grading and drainage plan in accordance with the final drainage report.
3. Final roadway plans.
4. Improvements and surety agreements.
XC: John Davis, Lyons 66 Pacific
J. J. Kinsfather, Swift and Associates
Gloria Hice-Idler, CDOT
M:\W PFILES\DRE W\Planning\z-555.wpd
MEMORANDUM
Inge TO: File: Z-555
COLORADO DATE: November 26, 2002
FROM: Kim Ogle, Planner III
SUBJECT: Meeting Minutes - November 26, 2002
Attendees: John Davis, Drew Scheltinga, Kim Ogle
Absent: Gloria Hice-Idler, JJ Kinsfather
Discussion centered on road alignments and interim proposals for access. Planning will require
sign off from Public Works, CDOT, Mountain View Fire, Weld County Sheriff's Offices as a
minimum.
DPW to provide referral comments outlining their criteria
Public Works memorandum received 11-26-2002
CDOT to provide letter addressing sign-off and or signed agreements in place for:
John Deere eminent domain acquisition
Temporary Access from 1-25 Frontage Road
Right-of-way for south alignment to State Highway 66
Cul-de-sac southern property line at Rademacher Property
Addressing all design related issues specific to Davis property, SH 66 Improvements, 1-
25 Frontage Road, signalization at points, i.e., Mead Street@SH 66, etc.
Davis to provide letter addressing:
One Filing, Phase 1 and Phase 2
Improvements Agreement
Administrative Review Request
Site Plan Review request in conjunction with Final Plat
All issues pertaining to access/ circulation with CDOT
All issues pertaining to access/ circulation with Emergency Responders
Next meeting 12-2-2002, Planning Services
Attendees: John Davis, Kim Ogle, Peter Schei for Drew Scheltinga, DPW, Gloria Hice-Idler, and
JJ Kinsfather, Swift Associates
r
1 EXHIBIT
T
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION Region 4 -Traffic Section Iry SOT
1420 2nd Street
Greeley,Colorado 80631
(9701350-2113 Weld County Planning Department Weld County,I25 EFRJSH 66
GREELEY OFFICE Lyons 66 Pacific
SE Corner I25 EFR/SH 66
January 28, 2003 JAN 3 0 2003 E of Longmont
Kim Ogle/Drew Scheltinga RECEIVED
Weld County Planning
1555 N. 17t°Avenue
Greeley,CO 80631
RE: Z-555 Lyons 66 Pacific/John Davis
Dear Kim and Drew:
CDOT has had an opportunity to review the above proposal. Below are the results of that review.
• CDOT Traffic Section will move forward with the signal project at 125 and State Highway(SH)66. Signals
will be placed at both ramps and the frontage road. We expect to advertise by the end of March.
• CDOT Right-of-Way Section will move forward with the acquisition of the John Deere parcel and other
appropriate parcels along SH 66 to facilitate the future widening of SH 66. The following is a"concept"
schedule: 125 FIR Plans—Spring 2003;ROW Plans—Fall 2003;ROW Appraisals—Winter 2003/Spring 2004;
ROW Acquisition—Spring 2004
• The developer of Lyons 66 will be granted limited access off of the existing frontage road. The permit will
contain terms and conditions relating to the volumes that will be permitted to use the access,thus precluding
full build-out.
• The developer will be required to construct a temporary span wire signal system at SH 66 and Mead Street
when the frontage road is re-aligned. CDOT will then salvage the existing temporary system at the frontage
road concurrent with the new installation.
• The developer will be required to construct any required improvements on Mead Street,north of SH 66
necessary to accommodate the new alignment.
• In order for us to achieve the above,CDOT respectfully requests that the County include requirements for the
signal and frontage road construction in the development agreement. This requirement will need to be linked,
in some manner,to the acquisition of ROW by CDOT. That is,once CDOT buys the ROW,the developer
must build the new facilities.
Please let me know if this can be accomplished.
If you should have any questions,please do not hesitate to contact me.
Sincerely,
GI ria Hice-Idler
Assistant Access Manager
(970)350-2148
xc: file
4 EXHIBIT
Swift and Associates
Town Planning • Urban Design • Civil Engineering
REVISIONS TO CHANGE OF ZONE PLAN
LYONS 66 PACIFIC COMMERCE PARK
2-12-03
Per our conversation last week, as well as the Change of Zone Administrative Recommendation
issued in 2001 after our planning commission meeting, I have made the following changes to the
Rezone plans.
Conference call on Febuary 6th, 2003
1.) The radius of Pacific Circle has been changed to 205', as requested, to meet the
requirements of minimum centerline radius for a 25 mph design speed.
2.) I have included a letter regarding the functionality of the drainage design, specifically
with regard to the planned drainage improvements by CDOT in the area.
3.) The information forwarded to me by URS, CDOT's drainage consultant has been
included for your review.
4.) A phasing sheet has been added to the Rezone plan showing the three different
construction phases on a single sheet. A narrative explaining the intent/impact of each
phase has been included on the drawing.
5.) A note has been added to the plans stating that future access to the properties to the south
of the site (Rademacher) will be provided at the Southwest Corner of the site at the
discretion of CDOT. (I have included the caveat about CDOT as I do not believe that this
development has control or influence over the Frontage Road at the indicated location.)
6.) A copy of the plan has been sent to LuAnn Penfold of the Fire Protection District to have
her review the plan with regard to fire access standards.
7.) An electronic copy of the plan has been included with the submittal. The manner in
which the drawings reference each other in AutoCAD may be somewhat confusing.
Please have your IT people give me a call if they are having difficulties with them.
Change of Zone Administrative Recommendation
As stated in the document, the following issues must be satisfied prior to scheduling the Board of
County Commissioners hearing. (Comments abbreviated)
A.) Access and circulation issues have been satisfied for Weld Co. and CDOT . It is my
understanding that you have received a letter from CDOT stating such.
4. EXHIBIT
421 21s',Suite 212,Longmont,Co, 80501 (303)772-7052; FAX 651-7226
B.) Oil and Gas rights have been resolved. It is my understanding that you have received a letter
from John Davis and the O&G company stating such.
C.) Water district has committed to serve 15 lots. It is my understanding that you have received a
letter from Little Thomson stating such.
D.) Sanitary Sewer has committed to serve 15 lots. It is my understanding that you have received
a letter from St. Vrain Sanitation stating such.
E and F) Alignment and Right-of-Way issues have been satisfied with CDOT. It is my
understanding that you have received a letter from CDOT stating such.
If further clarification of these changes is required, please do not hesitate to contact JJ Kinsfather
at (303) 772-7052.
421 21g,Suite 212,Longmont,Co,80501 (303)772-7052; FAX 651-7226
•
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region 4 -Traffic Section a QT
1420 2nd Street EMIMIIIIIIMMIIIIII
Greeley,Colorado 80631
(970)350-2113 Weld County,I25 EFR/SH 66
Lyons 66 Pacific
SE Corner I25 EFR/SH 66
E of Longmont
Weld County Planning Department
February 7,2003 GREELEY OFFICE
Kim Ogle/Drew Scheltinga FEB 1 0 2003
Weld County Planning
1555 N. 171°Avenue RECEIVED
Greeley,CO 80631
RE: Z-555 Lyons 66 Pacific/John Davis
Dear Kim and Drew:
I've been requested by Mr.Davis to provide the County with CDOT's recommendations concerning right-of-way
(ROW). We have asked Mr.Davis to reserve an additional 100' of ROW along State Highway(SH)66. Our staff will
purchase the ROW when we begin land acquisition for the widening of I25 from SH 119 to SH 66.
At this time,CDOT is not requesting any additional right-of-way along the existing frontage road. The location of the
cul-de-sac has not been determined, so we are not requesting that it be shown on the plans.
If you should have any questions,please do not hesitate to contact me.
Sincerely,
GI Idler
Assistant Access Manager
(970)350-2148
xc: file
txHIs1T
600 ` -1
M°"NTA, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
e Administrative Office:
9119 County Line Road • Longmont, CO 80501
e11111�+ o (303) 772-0710• FAX (303) 651-7702
e Weld County Planning Department
GREELEY OFFICE
VIEW
FEB 2 1 2003
RECEIVED
February 19, 2003
Mr. JJ Kinsfather 303-651-7226
Swift and Associates
421 21st Avenue
Longmont, CO 80501
Dear Mr. Kinsfather:
I have reviewed the phasing plans for the Lyons 66 Pacific Commerce Park subdivision, located
south of Highway 66 and east of the I-25 Frontage Road in Weld County. Plans are approved
based on the following comments and stipulations:
Access and the cul-de-sac design is adequate as indicated on the plans submitted.
Hydrant spacing for the phase must met the requirements of the Fire District. When construction
documents for the utilities are complete, please submit them to the Fire District for approval prior
to installation.
Should any changes be made to approved plans, additional comment and review by the Fire
District will be necessary.
Nothing in this review is intended to authorize or approve of any aspect of this project that does
not comply with all applicable codes and standards. Should you have any questions, please
contact me at(303) 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal •
LMP/lp
cc: Kim Ogle, Weld County Planning, 1555 North 17th Avenue, Greeley, CO 80631
project file
Ip02.11.03
r�
j■p EXHIBIT
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr.
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie.CO
80501 80504 Mead CO 80542 Niwot,CO 80544 80026 80516
ER' 0-FIU
1�9l�8 1 2 2003
MEMORANDUM
TO: Kim Ogle, Planner DkTE: 10-March-2003
C. v
COLORADO FROM: Peter Schei, P.E., Civil Engineer
SUBJECT: Z-555, Lyons 66 Pacific Corn rk(Zone Change)
The Weld County Public Works Department has reviewed this change of zone request.
Comments made during this phase of the subdivision process may not be all-inclusive, as other
concerns or issues may arise during the remaining application process.
COMMENTS:
❑ The applicant has addressed the items outlined in Public Work's Memorandum dated
November 26, 2002. Revisions were made to the change of zone plat.
❑ Public Works has reviewed February 12, 2003, change of zone plat drawings and
associated narrative with attachments, submitted by the applicant.
External Roadways:
❑ The applicant has submitted to Public Works written documentation of cooperative
agreement with CDOT and their requirements (dated January 28, 2003 and February 7,
2003) from Gloria Hice-Idler. This was in regards to a proposed Interstate 25
interchange project and improvements at State Highway 66.
Internal Roadways:
❑ The applicant has meet Public Work's requirements for the internal roadways and has
included an acceptable construction-phasing plan drawing. The construction-phasing
plan shows temporary roadway easements to accommodate temporary cul-de-sacs, which
will be removed upon final build-out of the development.
❑ The roadway coordinate /centerline data must be included on the change of zone plat. A
Construction Phasing Note requires clarification and should read: "The project may
utilize one or all phases of construction. Phase 3 (final construction) may be completed
during first construction. The project may begin with Phase 2 and be completed with
Phase 3." The revised change of zone drawings must be resubmitted to Public Works for
acceptance.
❑ The applicant shall submit Improvements Agreements According to Policy Regarding
Collateral For Improvements with the final plat application. Prior to recording the final
plat, the Weld County Board Of County Commissioners (BOCC) shall approve these
agreements.
M:''Pmcr Planning Rcv'c \2.Changc o1Zone1Z-555 Lyons 66 PacificCommucc Pak(Zane Change,dcPage 1 of 2 EXHIBIT
o Roadway and grading plans along with construction details will be required with the final
plan submittal.
❑ The applicant shall provide a pavement design prepared by a professional engineer along
with the final plan submittal.
Drainage:
o The applicant's engineer, J.J. Kinsfather, P.E. with Swift and Associates, submitted a
letter of intent to satisfy Weld County and CDOT final design drainage requirements for
this development. The letter mentions CDOT's outline for drainage in the area by URS.
Peter Swift of Swift and Associates has submitted a Preliminary Drainage Report dated
October 9, 2000. The applicant will submit a final drainage report(s) for approval by
Public Works with the final plan application.
o Final drainage construction plans, conforming to the drainage report, shall be submitted
with the final plan application.
RECOMMENDATION:
The Public Works Department recommends approval of this change of zone.
The applicant shall address the comments listed above at the specific step of the review
process stated. The review process will continue only when all appropriate elements have
been submitted. Any issues of concern must be resolved with the Public Works
Department prior to recording the change of zone and final plats.*
w PC: Z-555
Email & Original: Planner ki
PC by Post: Applicant Silo
PC by Post: Engineer JS Kins�ak
Mi<Peter 6Plwmog Review@-Change of Zone Lyons e6P.iic Comma-cc Park(Zone ange).aocPage 2 of 2 10-March-2003
#0 MEMORANDUM
■ TO: Kim Ogle, Planner TE: 27-March-2003
i,
C
FROM: Peter Schei, P.E., Civil Engineer .
COLORADO
SUBJECT: Z-555, Lyons 66 Pacific Comme k(Zone Change)
2"d Review
Weld County Public Works Department has reviewed this change of zone request.
Comments made during this phase of the subdivision process may not be all-inclusive, as
other concerns or issues may arise during the remaining application process.
COMMENTS:
❑ The applicant has addressed the items outlined in Public Work's Memorandum dated
March 10, 2003. Revisions were made to the change of zone drawings.
❑ Public Works has reviewed March 13, 2003, change of zone drawings submitted to our
office on Friday March 21, 2003, by the applicant.
o The applicant has meet Public Work's requirements for the change of zone plat and may
proceed forward.
RECOMMENDATION:
The Public Works Department recommends approval of this change of zone.*
'PC: Z-555
Email&Original: Planner Ktvv`
PC by Post: Applicant Dav,S
PC by Post: Engineer - - -
a..«, Page 1 of l EXHIBIT
:r #•a_x5
"'putak4, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
9119 County Line Road• Longmont, CO 80501
e11. e (303) 772-0710• FAX (303) 651-7702
Veld County Planning Department
PIE* GREELEY OFFICE
APR 0 4 2003
March 31, 2003 RECEIVED
Mr. JJ Kinsfather 303-651-7226
Swift and Associates
421 21st Avenue
Longmont, CO 80501
Dear Mr. Kinsfather:
I have reviewed the revised phasing plans for the Lyons 66 Pacific Commerce Park subdivision,
located south of Highway 66 and east of the I-25 Frontage Road in Weld County. Plans are
approved based on the following comments and stipulations:
Access and the cul-de-sac design is adequate as indicated on the plans submitted.
Hydrant spacing for the phase must met the requirements of the Fire District. When construction
documents for the utilities are complete, please submit them to the Fire District for approval prior
to installation.
Should any changes be made to approved plans, additional comment and review by the Fire
District will be necessary.
Nothing in this review is intended to authorize or approve of any aspect of this project that does
not comply with all applicable codes and standards. Should you have any questions, please
contact me at(303)772-0710.
Sincerely,
CS . C.� CPCS
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: Kim Ogle,Weld County Planning, 1555 North 17th Avenue, Greeley, CO 80631
project file
Ip03.25.03
EXHIBIT
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 /
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza D
Longmont,CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO �C
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 CoE A.35
ESTHER Gesick- hearing procedures Page 1
From: Myrna Folsom <myrna_f_2000@yahoo.com>
To: Monica Daniels-Mika <mmika@co.weld.co.us>
Date: 6/14/03 6:11 AM
Subject: hearing procedures
Monica: The Board is scheduled to hear CZ555 Lyons 66 Pacific on 6/25. The Planning Commission
heard this case perhaps as much as a year ago. Since the Planning Commission hearing, I assume that
there have been substantial changes in what is being proposed as a result of the changes in configuration
of the 1-25 frontage road and CR 9-1/2, so that, in effect, some aspects of what was approved by the
Planning Commission is not what is to be presented to the Board. What are the rules for this situation? If
this is the case, it would seem to me that the Planning Commission should be given the opportunity to
review what is presented to the Board so that that what is presented to the Board refllects what the
Planning Commission had approved. John
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CC: kim ogle <kogle@co.weld.co.us>
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July 26, 2000
Michael Shea, Esq.
Rothgerber, Johnson & Lyons, LLP
Suite 3000, 1 Tabor Center
1200 Seventeenth Street
Denver, CO 80202-5839
RE: Applicability of Weld County Ordinance
#215 to S-532/Lyons 66 Pacific Commercial
Park
Dear Mr. Shea:
This letter is in response to your letter dated July 6, 2000, to the Town of Mead and the Weld
County Department of Planning Services, regarding the applicability of Weld County Ordinance
#215 to an application concerning S-532/Lyons 66 Pacific Commercial Park. Your letter argues
that the ordinance should not apply to the application for the PUD which is proposed to comprise
fifteen (15) commercial/industrial lots. Lyons 66 Pacific, LLC, submitted an application for a
subdivision sketch plan for the development on May 4, 2000. A letter dated May 8, 2000, from
Kim Ogle confirmed the receipt of the application. A copy of Mr. Ogle*s letter is enclosed. By
letter dated June 26, 2000, Mr. Ogle, on behalf of the Weld County Department of Planning
Services staff, provided comments to Lyons 66 Pacific, LLC, regarding the application. A copy
of Mr. Ogle*s June 26, 2000, letter is also enclosed.
The specific question posed in your letter is whether Weld County Ordinance #215 applies to the
application, because the ordinance did not become effective until May 30, 2000.
Although in my opinion a *Site Specific Development Plan,* as that term is defined in C.R.S. *
24-68-102(4), does not come to fruition until later in the PUD process, the protections set forth in
C.R.S. * 24-68-102.5 regarding applications provide protections prior to that time. Here, Lyons
66 Pacific, LLC, applied for the sketch plan before the effective date of Ordinance#215. The
application for the sketch plan is required in the PUD process and I believe may be construed as
the *application* referred to in that statute. The statute states that such an application is to be
(1 EXHIBIT
.S
COQ #555
Michael Shea, Letter
July 26, 2000
Page 2.
governed *only by the duly adopted laws and regulations in effect at the time the application is
submitted to a local government.* Thus, in my opinion, this application is not governed by the
requirements set forth in Ordinance#215.
Please note the requirements of Urban Growth Boundary Goal 2 and Policies 2 and 2.1 of the
Weld County Comprehensive Plan. A copy of UGB Goal 2 and Policies 2 and 2.1 are enclosed.
They speak to the policy that growth be directed to, or adjacent to, municipalities and the I-25
MUD.
If you should have any questions or comments regarding this letter, please feel free to call me at
(970) 356-4000, extension 4390. I was contacted by Mr. John Davis last week and told him the
same information and opinions I have set forth in this letter.
Sincerely,
Bruce T. Barker
Weld County Attorney
BTB/db:Let/Ord215
Enclosures
pc: Monica Mika
Kim Ogle
Lee Morrison
Rick Samson
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