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® CONNECTING PEOPLEtBLIILDING HOPE
PROJECT LIFEBRIDGE
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PROJECT LIFEBRIDGE P.U.D.
CHANGE OF ZONE
APPLICATION MATERIALS
December 12, 2002
41.
Prepared for:
LifeBridge Christian Church
10345 Ute Highway
Longmont, CO 80504
(303)776-2927
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• ROCKY MOUNTAIN CONSULTANTS, INC.
A TETRA TECH COMPANY
2003-1099
S
PROJECT LIFEBRIDGE P.U.D. AND CHANGE OF ZONE
APPLICATION MATERIALS
December 12, 2002
Prepared for:
LifeBridge Christian Church
10345 Ute Highway
Longmont, CO 80504
(303)776-2927
Prepared by:
Fentress Bradburn Architects
421 Broadway
— Denver, CO 80203
(303)772-5000
InSiteDesign
2401 1 5th Street, Suite 10
Denver, CO 80202
(303)433-7100
MatthewJ. Delich, P.E.
2272 Glen Haven Drive
Loveland, CO 80538
(970)669-2061
Rocky Mountain Consultants, Inc.
1900 S. Sunset St., Suite 1 -F
Longmont, CO 80501
(303)772-5282
PROJECT LIFEBRIDGE P.U.D. AND CHANGE OF ZONE
APPLICATION MATERIALS
Index:
Cover Letter
Application Forms
Adjacent Property Owners
Specific Development Guide
Tax Certificate
Agreement with Mineral Owners
Draft Agreement with Ditch Company
Service Provider Letters and Draft Agreements
Draft Subdivision Improvements Agreement
Wetlands & Wildlife Information
Geotechnical Reports
Drainage Report
Maps: Change of Zone Plat and Landscape Plan
ROCKY MOUNTAIN CONSULTANTS, INC. la C
A TETRA TECH COMPANY 1900 S.Sunset Street,Suite 1-F
Longmont,CO 80501
(303) 772-5282
FAX(303)665-6959
December 12, 2002
Mr. Kim Ogle
Weld County Department of Planning Services
Weld County Administrative Offices
1555 N. 17th Avenue
Greeley, CO 80631
Dear Kim:
Enclosed you will find the PUD Change of Zone application materials for Project LifeBridge PUD. We
have indicated the major transportation links, blocks, density and the anticipated square footage of uses
within the PUD on the plan as outlined in the Weld County PUD Change of Zone application
requirements. I have also enclosed a copy of the information prepared by the Church to explain their
vision for the project.
The issues raised during the Sketch Plan review for the property are addressed in the submittal as follows
(the following information follows the format of your comments dated August 28, 2002):
ADHERENCE TO CHAPTER 22 OF THE WELD COUNTY CODE, COMPREHENSIVE PLAN,
GOALS AND POLICIES
• Preservation of Prime Farm Land -The Project LifeBridge site is located within the MUD area.
• Water Service:
° Long's Peak Water District-Long's Peak can and will serve everything within their service
territory. We discussed Weld County's comment on the Sketch Plan requiring a commitment
agreement approved by the Weld County Attorney's Office. A draft agreement regarding this
requirement and a letter from the District indicating their confirmation to provide service are
attached. The agreement is based on the District' s standard agreement and has been
reviewed and approved as to form by Lee Morrison.
° Left Hand Water District: The District's consulting engineer is working on a report regarding
service availability in this area. Preliminary information indicates that there will only be
about 20, 5/8"taps available(or the equivalent of 400 to 600 gallons per minute of
"purchase-able"water service)before a pump station must be built. Taps(5/8")may be
reserved through a type of subdivision agreement with the District by paying 40% of the plan
investment fee, or about$2,040. Cathy Peterson(with the District) indicated that Left Hand
Water would probably participate in the cost of the facility. A draft agreement regarding this
requirement and a letter from the District indicating their confirmation to provide service are
attached. The agreement is based on the District's standard agreement and has been reviewed
and approved as to form by Lee Morrison.
• Sewer Service—We met on Thursday, February 07, 2002 at the St. Vrain Sanitation District's
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
www.rmcco.com
Mr. Kim Ogle
December 12, 2002
Page 2 R MC
office with Mark Peterson (District Manager) and Rob Fleck(District Engineer). We met to
determine their ability to serve the project and how they would serve the project. Mark indicated
that there is a capacity issue at the pump station downstream of the site,the force main (currently
6") and the line running along Highway 119. The pump station needs to be upgraded, which is
not a huge expense but the District needs to know when to start the upgrade. Additionally,
upgrading the line along Highway 119 is not like a typical line extension in this case. Mark feels
it is the District's responsibility and a fair contribution from the developers using the line to
upgrade the line(currently 12"). The District has not looked at running parallel lines versus
replacing the existing line yet. We followed up to provide the District with flow and demand
calculations and a development schedule. They are currently working on a Basin Plan/Study,
which was expected to be complete in May 2002.
During a recent telephone call,the District(Rob Fleck) indicated they are now finalizing the
specific infrastructure requirements for the site and will ensure that the District does not hinder
the Church's schedule. In addition, the District expressed that while they feel that an agreement
containing more detail than a simple "commitment to serve" letter is inappropriate for the Change
• of Zone application, they will be willing to work with Weld County and LifeBridge Church to
satisfy the County's intentions contained within the County's recent Sketch Plan comments. A
draft agreement regarding this requirement and a letter from the District indicating their
confirmation to provide service are attached. The agreement is based on the Districts standard
agreement and has been reviewed and approved as to form by Lee Morrison.
• St. Vrain Valley School District—We met with representatives of the St.Vrain Valley School
District,prior to resubmitting the Sketch Plan application. The majority of this project will have
no impacts on the school system. The applicant will work with the School District to address
their concerns regarding school capacity for the single-family residential portion of the PUD at
the time of final plat and issuance of building permits for the lots. We will provide a copy of an
agreement with the School District in conjunction with the final plat applications for the phased
development of the project.
STREET/UTILITY/ACCESS STANDARDS
• Weld County Department of Public Works issues are addressed as follows:
° As discussed with Chris Fasching in a phone conversation prior to commencing the traffic
impact study(TIS), the primary traffic evaluation will be done during the"conventional"
weekday peak hours. These are the hours when background traffic on the streets is at the
highest levels. It is the situation that does/will occur 5 days a week and 52 weeks a year. The
Sunday service time occurs when the background traffic is not at a peak condition. The
Sunday service traffic condition can be considered a"special event." Traffic at the beginning
and end of church services cause delays that are short in duration, usually lasting 15-20
minutes. With modest patience,the recommended control devices will enable members to
safely enter and exit the site in a reasonable amount of time. It is not practical to build
transportation facilities to handle the traffic from a "special event"at the acceptable levels of
service.
° The trip distribution to/from the north on County Line Road was determined based upon a
plot of the home locations of the existing church membership. While the church membership
is anticipated to grow in the future, the relative location of the membership will not likely
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 3 RMC
change significantly.
o The signal at the SHI 19/WCR3'h intersection already exists. It is not clear why this
development is required to pay for an existing signal. It is true that both signal and geometric
improvements will be necessary at this intersection in the future. Some of the cost of these
improvements should be borne by the LifeBridge PUD development on a pro-rata basis.
However, it is not appropriate to only include the north leg of this intersection in the
calculation of the pro-rata share. Clearly, there is a substantial amount of traffic on the south
leg of this intersection that should also be considered in this exercise. Therefore,the
LifeBridge PUD contribution will be less than 56 percent.
o The peak hour signal warrant at the SH119/Fairview intersection is triggered by background
traffic on the south leg of the intersection. This has nothing to do with the LifeBridge PUD.
The classification of SH119 as an expressway does not preclude signals at half mile spacing.
The necessary signal progression evaluation,per the State Highway Access Code, should
have been completed by the development(s) on the south side of SH119.
In the scoping conversation, it was agreed that evaluation of the external intersections would
be done. The internal intersections (e.g. the internal roundabouts) will not have traffic
volumes that warrant evaluation at this level. By inspection and experience, these internal
intersections will operate acceptably. The roundabout control is both efficient and can serve
as a traffic-calming device.
o Where possible, accesses to the LifeBridge PUD site were intended to line-up with existing
accesses. The access on WCR3'/2 lines-up with the existing access to the west and we have
added a connection to the Elms on the east.
o For this submittal,evaluation of all the intersections along WCR3% was not appropriate. As
this development proposal goes through the development review process, the phased
evaluation that was suggested is appropriate.
° This comment is merely a statement of recommendations in the TIS_ Further response is not
necessary at this time.
° WCR26 will need to be paved by/before the year 2010. It is not clear how the LifeBridge
PUD traffic, estimated at 95 percent of the WCR26 traffic in 2010, was determined.
o This comment does not require a response.
• Appropriate ROW dedications are shown on the PUD Change of Zone Plat. We have added 20'
to WCR 3 'h and 10' to WCR 26 adjacent to the property.
• An overall Traffic Impact Study was submitted and reviewed as part of the Sketch Plan.
application. Specific Road Improvements will be determined by a traffic impact study provided
at the time of final plat and/or site plan for each phase of the development. Detailed Construction
Plans for the required improvements will be provided at that time. If additional ROW is required,
the applicant will show evidence of the appropriate ROW at that time.
• A connection to the platted ROW of Elms at Meadow Vale is shown on the PUD Change of Zone
Plat.
• Prior to submitting the Sketch Plan application we met with several departments within the City
of Longmont. We will continue to work with the City to address their concerns. However, there
are some things that we will continue to disagree on. The City of Longmont referral comments
are addressed as follows:
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 4 ��c
o The applicant is currently processing a land development application within the City of
Longmont on property located west of this PUD. Our traffic analysis indicates that it is
important to provide connectivity with a RR crossing at Fairview Street. On Friday, Nov. 1,
2002 we met with City of Longmont and Weld County staff at the Southwest Weld County
office. We discussed access to the PUD and future connection to the east and south. City
staff indicated that they will support a RR crossing at Fairview. A copy of the meeting
minutes is attached.
o We feel that it is very important to maintain the connection to County Line Road via WCR
26. The MUD transportation plan clearly contemplates that this connection will remain.
Elimination of this connection will force all of the traffic from this portion of the MUD onto
HWY 119 and diminish connectivity in the area. It is our understanding that the enlargement
plans for Union reservoir and current safety issues regarding the existing dam may require
relocation of WCR 26,regardless of what happens on the LBCC property. The existing
ROW is currently within City property. The City has indicated a willingness to share the
responsibility for the ROW for the relocated road. We discussed relocating the road to the
property line between the City and LBCC property. This will assure that the PUD has access
via the relocated road.
° The Weld County Comprehensive plan identifies a neighborhood center for this site. The
applicant contracted with Leland Associated to prepare a detailed market analysis for this
site. The analysis indicated that retail on this portion of the PUD will be supported primarily
by this neighborhood. Further the proposed medical facilities are intended to support the
_ senior community to be developed within the PUD.
o This project lies within the Southwest Weld Traffic Impact Area 1. However, it is our
understanding that there is a newly adopted, County wide,transportation impact fee
ordinance. It is our understanding that a traffic impact fee, based on a fair share of required
improvements, will be assessed at the time of building permits for this site.
• We have indicated the appropriate ROW for HWY 119 (100' north of the center line) on the PUD
Change of Zone Plat. We will continue to coordinate with CDOT as we proceed through the
PUD process. It is our understanding that the first phase of this development will not require
improvements to HWY 119. When future phases are developed, the applicant will pay a pro rata
share as determined by the impacts of the project. We will follow up with CDOT to get a letter
confirming this assumption.
• School District impacts are addressed above. Prior to resubmitting the Sketch Plan application
we met with Mountain View Fire Protection District. It is anticipated that the Mountain View Fire
Protection District(MVFPD) will have adequate resources to successfully serve the development.
The applicant is committed to meeting all of the requirements as outlined by the District. The
Fire District requirements require review of final designs for the development and structures
within the PUD. We reviewed the current street configuration and street cross sections with the
District and have added a note to the plat regarding compliance with all District rules and
regulations. A letter regarding compliance with all applicable regulations and standards will be
provided with each Final Plat/Site Plan application as the PUD goes forward.
• The fire flows required to serve this site will be dependent on the building size, whether it is
sprinkled or not, and the type of construction. For the larger buildings on site (125.000
square feet and above) a combination of firewalls and sprinklers will be required. All of the
larger buildings will be sprinkled.
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002 RMC
Page 5
o There are two ways on to the site, no matter which portion of the development they are trying
to serve. In order to have two accesses to the single family residential portion of the
development, the Fairview Extension must be completed and/or the re-aligned WCR 26 north
of our site must remain in existence. In the event the Fairview Extension is not built,WCR 26
will need to continue west to County Line Road. The District supports multiple connections
and interconnectivity of the street systems.
° We will look at designing a one-way emergency access for the pedestrian mall area on the
Church Campus. We will review the final design of the campus and pedestrian malls at the
time of final site design for each phase of the development. If required,the emergency access
will meet the standards of the District. Trees will be trimmed to allow the trucks to travel
unimpeded.
o Roads for the fire trucks will provide a 35' inside radius and 48' outer radius. In general, the
District does not like the idea of gates or medians. If there is an electric gate, it will be
designed so the fail position is open. They prefer knock key switches, which only Mountain
View would have, as opposed to a box with a key. Additionally, Mountain View needs 20'
wide lanes on both sides of the median to negotiate turns and set up equipment(ie. outriggers
which need hard, flat surface). Large trees in the median will have required clearance from
the ground.
o Hydrants will be placed at regular intervals along all of the arterial and collector streets. As
the pad sites are developed, individual buildings will likely require additional on-site
hydrants. Hydrants will be used to serve multiple buildings if they are located appropriately.
It will take a minimum of three hydrants to supply the required 2,500 gpm fire flow for large
buildings.
o The Architect will work closely with the District throughout the design process for the
structures on the site.
• Specific Public Improvements will be identified within each phase of the MUD as it is developed.
At the time of final plat for each phase the applicant will provide:
o Information which accurately identifies all users of the infrastructure improvements and
maintenance;
° A proposal which equitably distributes the costs of infrastructure improvements and
maintenance by user share; and
o A proposal that identifies the appropriate time that infrastructure improvements and
maintenance charges should be applied.
° A draft Improvements Agreement is attached. The agreement is based on the County's
standard agreement and has been reviewed as to form by Lee Morrison.
• We met with the Weld County Sheriff and discussed the following:
o If Oil and Gas lessees are allowed to drill in other locations pursuant to their lease
agreement, then the appropriate (Colorado Oil and Gas Conservation Commission[COGCC])
setbacks will be observed. Fencing will be utilized around the well and appurtenant
structures to prevent the general public from tampering with the equipment or children
playing on it.
° It will be important to keep the Oligarchy Ditch safe. We will continue to work with the ditch
company to address the safety issues on this site. Current plans include piping the Oligarchy
Ditch through the PUD.
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LBCC-POD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 6 R MC
o Pedestrian crossings of the railroad tracks will most likely be at grade.There are extremely
few trains on this track. We will install safety signage and make public announcements
periodically in the church services about keeping children away from the tracks. Ken has
indicated that it is preferable to locate the parking lot adjacent to the tracks instead of a
building.
o We will continue to work with the Sheriff's Department to make the site easy to access for
emergency personnel and equipment and secure from vandalism and theft. We will follow up
with J.D. Broderius the Community Resource Officer in the Del Camino office. The
applicant will complete Crime Prevention through Environmental Design(CPTED) training.
We will also discuss safety and security systems with J.D. Broderius. In addition he said this
site is large enough to consider developing emergency plans(i.e. evacuations, fire,bomb
threat,etc.). The Church is putting together a safety and security team. The safety and
security team has looked at other churches' security practices and will likely use plain clothed
security staff in church services. The team will meet with J.D to discuss all of the issues
mentioned above.
o The site is currently not in RTD's district, but will be designed to accommodate future public
transit system. This will include pull-offs for buses; RTD bus stops and shelters for children
for school bus stops(need to be glass or see-through plastic).
o Residents will not have to cross the road to access mailboxes.
o Traffic calming measures have been integrated into the design of the PUD. These will
include making the streets look narrower to keep people driving slower,roundabouts and
medians and islands within the parking lots.
o Signage will conform to the model traffic code.
o Buildings will be well-marked and the addresses clearly marked
° We also discussed the possibility of using some of the Church's facilities as an emergency
center/shelter in the event that the interstate was shut down. He said it is hard for the
Sheriff's Department to find places for people to go.
• Appropriate setbacks for existing and proposed oil and gas facilities are indicated on the plans.
We are continuing to work through the appeal process regarding the District Court ruling on
future development of oil and gas facilities on this site. A copy of the findings of fact for the
court proceeding is attached. If the appeals court rules in favor of the landowner, future drilling
and tank battery locations will be removed from the plans.
• Building setbacks throughout Project LifeBridge PUD will vary by use and by location. The
setbacks described herein have been developed to strengthen the sense of community within the
development in order to encourage walkable, socially-active public streets. The setback
requirements, measured from the property line, are as follows:
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 7 RraC
PUD Parcel Types Front Side Yard Rear Yard
(minimum or maximum Yard Setback Setback Comer Setback
setback) Setback
Single-Family Residential 20 ft. 5 ft. 3 ft.* 15 ft.
(minimum)
Church Campus 25 ft. from the property line
Single-Family and Attached wit. or 0 ft.
Residential 20 ft. Wth 10 ft. 3 ft.* 20 ft.
(maximum) between
buildings
Assisted Living Village 15 ft. minimum setback from property line
(minimum)
Mixed-Use Office/Retail
0 ft. maximum setback from property line
(maximum)
Community Center
15 ft. minimum setback from property line
(minimum)
Neighborhood Center 15 ft. minimum setback from property line
(minimum)
* Rear yard setbacks refer to the setback of any ancillary on-site buildings located at
the rear yard, including garages, sheds, etc.
Where property is located adjacent to the interior loop road surrounding the
neighborhood park, the setback from this road shall be a maximum of 0 ft. from the
property line.
• All signs within the PUD will comply with the Weld County Sign Code. Signage will be located
and detailed with each Site plan submitted for review within the PUD.
• Development within the PUD will comply with the requirements of the Southwest Weld Road
Impact Program area 1 (Chapter 20, Article II of the Weld County Code)and adhere to the fee
structure as required per this Ordinance. Specific improvements will be detailed in traffic
addenda for each phase within the PUD. The PUD will pay its fair share of off site improvements
based on the impact of the development relative to the other users within the MUD. We will
work with Weld County Public works to draft an agreement addressing this issue.
• A bus stop/mail area has been incorporated into the entrance to the PUD. Additional locations as
required by the St. Vrain Valley School District will be incorporated with the Final Plal/Site Plan
applications as phases of the development submitted for review.
• A Drainage Report, stamped by a professional engineer is attached as part of this application. We
have looked into the City of Longmont's concerns regarding"a large drainage flow of
approximately 1,300 cfs (cubic feet per second) flowing east towards 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." Preliminary analysis of the existing 1,300 cfs indicates that this stormwater runoff likely
overtops SH 119 somewhere between Fairview St. and CR 3-1/2. The right-of-way appears to be
the regional low-point between Fairview and the East side of the Meadowvale Subdivision. As a
result, once SH 119 has been overtopped,the flow appears likely to travel down primarily over
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 8 R�C
the entire highway right-of-way, inundating a portion of the properties both north and south of the
R.O.W. in this area. In our discussions with the City of Longmont Drainage Engineer, David
Hollingsworth, we learned the City has long term plans(five years or longer) to install a second
box culvert under SH 119 to eliminate all flow along the North side of 119. The Church intends
to address this problem by either(1) phasing their project so as not to construct in the area
inundated by this or(2)handling the flow appropriately should they wish to develop prior to the
installation of the second box culvert.
• Utility easements are shown on typical lot details on the PUD Plan. Specific utility easements as
required by the Weld County Code will be dedicated with each final plat. A note regarding
provision of appropriate easements has been added to the PUD Change of Zone Plan.
LANDSCAPING/OPEN SPACE/PROPERTY OWNERS ASSOCIATION
• A homeowners association and/or metro district will be established,responsible for liability
insurance, taxes, and maintenance of open space, street(s), private utilities and other facilities.
Open Spaces will be platted with each Phase of the PUD.
• All PUD Zone district open spaces are easily accessible via sidewalks,which are incorporated
into every street section in the development. On-street parking provides visitors access to district
parks and open spaces as well. Please see the attached Project LifeBridge Bike Path/Sidewalks
exhibit for an illustration of the pedestrian connections.
• All open space requirements as stated in section 27-2-69 of the Weld County Code shall be met.
• Currently, the City's proposed regional recreation trail continues along the Oligarchy Ditch
easement to the south and west of the PUD Zone District. Connection from this development to
the City's regional trail is anticipated, while completion of the trail off this Planned Unit
Development's property will not be included.
• We will continue to work with the Oligarchy Ditch Company to address their concerns. A draft
agreement regarding the ditch is attached. Lee Morrison has reviewed the agreement as to form.
We will continue work with the Ditch Company to finalize the agreement.
• The scale of this development and the level of design required for this change of zone application
prevents a detailed landscape plan for the 315 acres. Appropriate plant materials and amounts
will be included in future site plan submittals. We have included the landscape plan submitted
with the sketch plan with this application to illustrate the intent of landscape improvements within
the PUD.
• Compatibility of uses within the PUD is demonstrated in the design development guide.
• Open space planned for in the PUD Zone district adheres to those policy sections listed. Locating
functional open space strategically among residential lots as well as central to the development
maximizes the accessibility and effectiveness of the open spaces. Connections to Union
Reservoir as well as a documented regional recreation trail system along the Oligarchy Ditch are
planned for within this development. Please see the attached exhibits Project LifeBridge Trails
System and Project LifeBridge Bikepaths/Sidewalks for an illustration of trail and walk
connections.
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 9 RMC
• This development will adhere to the guidelines for intersection sight distance triangles stated.
• Perpetual maintenance of all commonly shared land and facilities will be through a homeowners'
association and/or metro district.
• The master plan for Project LifeBridge is based on an integrated neighborhood, focused around
the Church campus. Locations of the various uses were carefully considered in the context of the
opportunities and constraints of the site, the program for each component of the neighborhood
and the existing and future adjacent land uses.
• A notable grade change from the property's north west portion to Union Reservoir creates unique
views for residential properties. This grade change also helps in separating noise and traffic from
greatly affecting the development.
• The City of Longmont's concerns are addressed as follows:
o Lower intensity land uses have been designed for the northernmost portions of the PUD in the
area adjacent to City open space. There are many residential neighborhoods located around
the perimeter of the City of Longmont. Some of these neighborhoods are adjacent to Boulder
County open space and arterial streets that carry a significant amount of traffic. Appropriate
setbacks and buffers will be provided between future residences and adjacent streets that
carry significant amounts of traffic. As in other City developments located adjacent to high
volume traffic areas, the residential portion of the PUD adjacent to WCR 26 will face
internally and have limited access to the street.
o The church Campus has also been designed to locate the lower intensity uses on the northern-
..
most portion of the site adjacent to planned open space and recreation facilities.
o Consistent with Weld County's Right to Farm Policy,notes regarding agricultural activities
on adjacent properties will be added to all appropriate documents related to the PUD so that
new residents will be aware of the adjacent land uses.
° We have assumed that any activities on City property will meet State and County noise
standards regarding noise levels at the property line. This will assure compatibility with the
adjacent residential development.
• This PUD Zone District planning anticipates connecting to regional trail systems along the
Oligarchy ditch.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
• Project LifeBridge complies with the Structural Land Use Map for the MUD as follows:
The structural Land Use map indicates Residential, a Neighborhood Center—Lower Intensity
with a '/ mile service radius, a Neighborhood Park,Community Trails and Limiting Site Factors,
and a community trail along the Oligarchy Ditch. This project complies with the plan as follows:
° Residential—Residential land use as outlined in the MUD encourages comprehensive
neighborhood design efforts and diversity of housing types. Higher density residential areas
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LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 10 RElc
should be located within close proximity to neighborhood centers. The MUD encourages
creation of neighborhood identity and a sense of place. Project LifeBridge PUD clearly
complies with the intent of the residential portion of the MUD. The neighborhood has been
designed to include varying densities and types of residential units to provide for a diversity
of age groups, economic levels and life styles. A comprehensive street network and open
space framework connect the uses to the neighborhood center and each other. The densities
are higher adjacent to the neighborhood center. Tree-lined streets will connect the different
areas of the site to tie it together and create a cohesive neighborhood. A series of outdoor
rooms will be created to designate areas for the recreational activities incorporated into the
neighborhood. Areas for playing fields, walking/running trails, bike paths, a possible
swimming pool, tennis courts, and passive recreation activities may all be incorporated into
the design. Providing these amenities close to home or work affords a greater number of
people the opportunity to use and enjoy them.
° Neighborhood Center—Neighborhood centers as defined in the MUD include, but are not
limited to: "small parks, civic uses such as,places of worship libraries and community
centers,public facilities such as schools, services businesses such as smaller offices and
residential mix." Project LifeBridge PUD has incorporated all of the contemplated uses in
the proposed neighborhood. All components of the PUD will include a comprehensive
system of parks and trails. The Church campus will include worship, education, office and
recreation. The mixed-use portion of the PUD will include office, services for the senior
residential community and residential units. The neighborhood center portion of the PUD
will provide neighborhood services and retail uses.
° Neighborhood Park -A large neighborhood park is located in the center of the PUD.
° Limiting Factors—These areas are primarily designated to preserve natural features,
environmental resources and flood plains. The Oligarchy Ditch Corridor is the portion of
the PUD with this designation. The ditch will be piped through the site and has been
integrated into the design of the Church campus and the single-family residential portion of
the PUD.
• The project is compatible with the surrounding agricultural land use as follows:
Lower intensity land uses have been designed into the northern portion of the PUD. The adjacent
agricultural land uses enhance the value of the adjacent properties within the PUD. Development
of this area is clearly contemplated in the MUD Structural Land Use Plan. Notice regarding
Weld County's right to farm policy will be included with all appropriate documents associated
with the PUD.
• The City of Longmont's concerns regarding bulk requirements within the PUD are addressed as
follows:
Fentress/Bradburn Architects has completed a model of the PUD and the surrounding land uses.
A photograph of the model is attached and it will be available at public meetings regarding the
application. Project LifeBridge is an integrated, mixed use neighborhood focused on the Church
campus. The PUD will form a neighborhood center and provide education, worship, recreation
and shopping opportunities for residents and employees in the adjacent developments. 'The site
will be developed in phases over time. Neighborhood commercial and residential development
will provide a transition from the campus to the HWY 119 corridor. Buildings on the campus
will be set back and appropriately landscaped to anchor them on the site and provide a transition
10
LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 11 MC
to the adjacent development. Building heights will vary within the PUD. Bulk requirements are
outlined on the attached table. The buildings and open spaces will be integrated to create a
pedestrian scale campus. The MUD clearly contemplates urbanized development along the HWY
119 corridor.This site is very close to existing development within the City of Longmont and the
surrounding area will continue to develop within the City and the MUD.
• Please see the attached table for proposed bulk standards within the PUD.
• We understand that a Site Plan Review will be required for all residential uses except those uses
containing a single-family dwelling unit or duplex units where the two (2) units are not held in
separate ownership, and any PUD Districts where a use would require a site plan review in any
commercial or industrial zone district. The Departments of Public Health& Environment, Public
Works and Planning will conduct additional reviews of these land uses at that point.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
• Completed Improvements Agreements addressing road construction and maintenance,
landscaping and maintenance, utility extension, signs, and any other applicable elements of the
PUD shall be submitted for review and approval with the final plat applications for each phase of
development within the PUD. A draft Improvements Agreement is attached. It is based on the
County's standard agreement and had been reviewed as to form by Lee Morrison.
_ — ENVIRONMENTAL CRITERIA
• Colorado Geological Survey(C.G.S.)concerns are addressed as follows: Solis Reports have been
prepared for this PUD and are submitted for review with this application. All development within
the PUD will comply with the recommendations as outlined in the reports. A preliminary
drainage reports is also submitted with this application for review. Drainage, grading and erosion
control measures will comply with all applicable rules and regulations.
• The Weld County Department of Building Inspection concerns are addressed as follows:
All structures within the PUD will comply with applicable requirements of the Weld County
Department of Building Inspection. The architect will work closely with the building department
and the Mountain View Fire Protection District throughout the design process to assure the
buildings comply with regulations. Soils reports are submitted with this application for review.
All buildings will include an engineered foundation designed by a Colorado registered engineer.
• We contacted the Colorado Division of Wildlife and followed up with an evaluation of the
environmental resources.
° On February 18, 2002 Rocky Mountain Consultants performed a routine delineation of
potentially jurisdictional wetlands on the site. A site walk to determine the availability of
habitat for threatened and endangered species was also completed. Aerial photographs, the
Weld County Soil Survey(Southern Part), USGS 7.5 minute quadrangle map of Longmont
and the National Wetlands Inventory map compiled by the USFWS were all consulted prior
to and during the field visit. The NWI mapping does not depict habitats typically inhabited
by Pebble's Jumping Mouse, Ute Ladies' Tresses or the Colorado Butterfly Plant. There
could be raptor use of nearby cottonwood trees although none were observed during the brief
site visit or mentioned by long time residents. At this time we have field delineated the
11
LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 12 RraC
wetlands and determined that although the Oligarchy Ditch appears to be a jurisdictional
water feature,there has been a limit to wetland creation to approximately 0.25 acres on the
westernmost corner of the subject parcel (see wetlands letter attached). This minor wetland
site is isolated and densely covered with grasses, which are not preferred by the above-
mentioned species.
° The project proposal plans to preserve a portion of the corridor along the Oligarchy ditch and
maintain those large cottonwood trees, a licensed arborist deems salvageable and safe, as part
of the buffer and open space requirements.
o We requested that the US Army Corps of Engineers and US Fish and Wildlife Service review
the field information. Their letters, concurring with our evaluation are attached.
• Drainage and water quality concerns raised by the City of Longmont are addressed as follows:
o We have looked into the City of Longmont's concerns regarding"a large drainage flow of
approximately 1,300 cfs (cubic feet per second) flowing east towards 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." In our discussions with the City of Longmont Drainage Engineer,
David Hollingsworth,we learned the City has long term plans (five years or longer)to install
a second box culvert under SH 119 to eliminate all flow along the North side of 119. The
Church intends to address this problem by either(1)phasing their project so as not to
construct in the area inundated by this or(2)handling the flow appropriately should they wish
to develop prior to the installation of the second box culvert. The project will include
stormwater detention ponds to control the developed runoff rates to meet Weld County
requirements and will also include stormwater quality elements to filter out and capture on-
site pollutants.
° The Church has already met with the Oligarchy Ditch Company in order to proactively
address their issues as early as possibly. The Church understands that there may be
requirements for maintenance access and for agreements, and that the proposed
development will not be allowed to impede the operation of the ditch. Specific details of
how this will be accomplished will be provided at the time of final plat/site plan for each
phase of the development.
o The single-family residential portion of the PUD will account for the Oligarchy Ditch in
the southwest corner of the site. Appropriate setbacks and treatment of the ditch will be
incorporated into the final Plan for the site
o This property is not contiguous to the City of Longmont. Annexation at this time will
significantly impact the timing of development on this site. The applicant has not ruled out
the possibility of annexation to the City of Longmont at some time in the future. However,
they do not wish to pursue annexation at this time.
o We met with Ken Huson to discuss issues related to the enlargement of Union reservoir,
WCR 26 realignment and the Oligarch Ditch. The City's Water Department needs to realign
portions of WCR 26 because of its proximity to the enlarged reservoir. The State Engineer's
Office has expressed concern regarding the current location of the road relative to the existing
dam. It is uncertain what the final alignment of WCR 26 west of the property will be. The
City Water Department is trying to create natural areas around Union Reservoir and does not
want WCR 26 to connect to County Line Road. However, Weld County and the City's
Transportation Department feel this is an important connection. North of the Lifel3ridge
property, the likely realignment for WCR 26, will be along the property line. In terms of cost
12
• LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 13 RraC
sharing to upgrade the road, Ken Huson said all the City would pay for is the relocation of a
two-lane gravel road.
o Union Reservoir Enlargement-The plans for the Union Reservoir Enlargement are still in
the conceptual phase. The City is in the process of acquiring land adjacent to the reservoir to
complete the project. Final engineering of the embankment,any spillways required, and the
WCR 26 realignment have not been completed. The City will build an embankment starting
from the eastern edge of the City-owned parcel, shown on the attached vicinity map,
extending around to the west side of Union Reservoir. The embankment will be from 0-30'
in height depending on the location along the embankment. At the western edge of the
LifeBridge property the embankment will probably be 15'. The embankment will be
classified as a high hazard dam through the State Engineer's Office. A spillway has not been
designed. If there is a spill, it will be a sheet spill that drains southwesterly to an outlet
channel and into Spring Gulch, which flows into a box culvert under Highway 119. The box
culvert is designed for a 50-year flood event. With the Union Reservoir expansion, there will
be nothing coming out of Union Reservoir during the 50-year and 100-year storm events.
This should result in a reduction of water flowing into Spring Gulch and through the box
culvert under Highway 119. It is anticipated that with the extra storage in the reservoir it
would be a 500-year flood event before there was a spill. It is likely that the State Engineer's
Office will require a spillway of some sort. It is uncertain if it will be designed as part of an
abutment north of the LifeBridge property or if it will be at the crest of the dam(the more
expensive alternative).
o Two options were proposed for the Union Reservoir expansion. The first alternative is an
intermediate raise of 13' of the Normal High Water Line (NHWL=4,970 feet). With this
alternative the dam embankment would be 7,154 feet long with a maximum height of 20' and
an average height of 16' resulting in a dam embankment elevation of 4,975 feet. The second
alternative is a 20.5' raise in the Normal High Water Line(NHWL=4,977.5 feet). In this
alternative the dam embankment would be 8,350 feet long with a maximum height of 28' and
an average height of 20' resulting in a dam embankment elevation of 4,983 feet.
o A cross section of the City's property north of the LifeBridge property is shown below:
Property Property
+Line % Line
LifeBridge Union
Property WCR 50' dryland ♦ /�/��
buffer/swale
--► N Embankment •
• A final Drainage report is attached for review.
SUMMARY
Referral comments raised by the various review agencies are addressed as follows:
• Mike Babler,Colorado Division of Wildlife—We contacted Mike and reviewed the revised
Sketch Plan with him. His concerns have been addressed by leaving the existing mature
cottonwoods located adjacent to the Oligarchy ditch in the southwest portion of the single family
13
LBCC-PUD Change of Zone Cover Letter 12/12/02
Mr. Kim Ogle
December 12, 2002
Page 14 RMC
residential portion of the PUD intact.
• Jeff Reif, Weld County Department of Building Inspection—All buildings within the PUD will
comply with appropriate Codes and regulations.
• Glen Segrue, St. Vrain Valley School District—We will continue to work with the School District
as we proceed through the PUD process. An agreement addressing their concerns will be
submitted with Final Plat/Site Plan application as the property develops in phases.
• Drew Scheltinga, Weld County Department of Public Works—addressed above.
• Rick Dill,Weld County Sheriff's Office -addressed above.
• Thomas Teixeira, Weld County Housing Authority -indicated no conflicts with the proposal
• Bethany Salzman, Weld County Department of Zoning Compliance -indicated no violations
were found.
• Jill Carlson, Colorado Geological Survey—Soils reports are attached for review.
• LuAnn Penfold, Mountain View Fire Protection District -we will comply with all applicable
requirements of the District as outlined above.
• Pam Smith, Weld County Department of Public Health and Environment - indicated that
application addressed all environmental impacts of Section 27-6-40.
• Andrea Minmaugh, City of Longmont -Issues are addressed throughout the application
• Kenneth Knox, Office of the State Engineer, Division of Water Resources—The applicant will
comply with all applicable regulations regarding water supply and water rights.
• Gloria Hice-Idler, Colorado Department of Transportation—Appropriate ROW has been
indicated on the map. We will comply will all applicable CDOT rules and regulations. Evidence
of compliance will be submitted with each Final Plan/Site Plan application as the site develops.
• Department of the Army, Corps of Engineers -see attached letter.
• Longmont Soil Conservation District—The applicant will work with the District to assure that
their concerns are addressed.
• Great Western Railway—addressed above.
• Oligarchy Ditch Company—addressed above.
Please call me if you need any additional information for your review. Thank you for your assistance.
Sincerely,
ROCKY MOUNTAIN
CONSULTANTS, INC.'ZGAVitA
Barbara Brunk
Landscape Architect
-- 14
LBCC-PUD Change of Zone Cover Letter 12/12/02
I
•
Proposed LifeBridge Church Campus Single Family Res. Single Family and Assisted Mixed Comm. Neigh.
PUB Attached Res. Living Use Center Center
Bulk Standards Village Office/
Requirement Retail
A Minimum LOT Size N/a 7,500 3,500 N/a N/a N/a N/a
(sq.ft)
B Minimum LOT area N/a 7,500 2,500 N/a N/a N/a N/a
per residential
STRUCTURE(sq.ft.)
C Minimum LOT area N/a 7,500 1,500 N/a N/a N/a N/a
per unit(sg.ft.)
D Minimum SETBACK 25' 20' 20' 15' 0' 15' 15'
(feet)
E Minimum OFFSET 25' minimum 5' for side yards, 5 feet or 0' with min. 15' min. 0' min. 15' min. 15' min.
(feet) Fences are not setback from 15' corner setback, 10' between structures, setback setback setback setback
required to comply property line 20'for rear yards, 15' corner setback, from from from from
with the minimum 3' for accessory 20'for rear yards, 3' for property property property property
OFFSET and may be structures(ie. accessory structures(ie. line I line j line I line I
located on the Garages or sheds at Garages or sheds at rear
property line. rear lot line) lot line
F Maximum 60' for main 30 30 45 45** 45** 55
BUILDING HEIGHT structures *
(feet)
G Maximum LOT 85% 50% 65% 75% 85% 85% 85%
Coverage (%)
H Maximum number of Livestock will not be permitted within the PUD with the exception of special events located on the church campus.
ANIMAL UNITS
permitted per LOT.
I Where property is located adjacent to the interior loop road surrounding the neighborhood park, the setback from this road shall be
a maximum of 0 ft. from the property line.
* Up to 30% of the area of the footprint of the building may extend up to an additional 60 feet for architectural elements such as fly space
for the theater. In addition, architectural elements such as a clock tower or steeple may extend up to 200'
** Portions of the structures such as parapet walls, clock towers or other architectural features may extend up to 55'
MEMORANDUM
TO: All Meeting Attendees
FROM: Rocky Mountain Consultants
DATE: December 5,2002; Revised: December 6, 2002
RE: Meeting Minutes from November 1, 2002 Regarding Future Transportation
Improvements in the Vicinity of the Proposed LifeBridge P.U.D.
Prepared by: Todd Borger,RMC
Meeting Attendees:
Peter Schei Weld County Public Works
Drew Scheltinga Weld County Public Works
Nick Wolfrum City of Longmont Public Works
Joe Olson City of Longmont Public Works
Curtis Ansel City of Longmont Public Works
Ken Huson City of Longmont Water Department
Brien Schumacher City of Longmont Planning
Barb Brunk Rocky Mountain Consultants
Cathy Leslie Rocky Mountain Consultants
Todd Borger Rocky Mountain Consultants
Dale Bruns LifeBridge Christian Church
Dennis Thompson LifeBridge Christian Church
Paige Jacques LifeBridge Christian Church
Bruce Grinnell LifeBridge Christian Church
On Friday,November 1, 2002, we meet at the South Weld Service Center to discuss several
transportation issues in the vicinity of the proposed LifeBridge P.U.D. The following is a summary of
this meeting:
Nick Wolfrum: As Weld County Road#1 (County Line Road)is classified as an arterial street by the
City of Longmont, the signal spacing along County Line should be at 1 mile intervals. Presently, County
Road 26(CR 26) turns into CR 24-3/4 as it winds around Union Reservoir, and is at a ''/4 mile spacing
along County Line. The City would like to see CR 24-3/4 realigned to intersect with County Line at 9th
Avenue. While the existing location of CR 24-3/4 on County Line lines up with an access to a
development(Fox Meadows), the City does anticipate the need for a signal at this intersection.
Drew Scheltinga: The County has had discussions with the three property owners impacted by the
suggested realignment, and they are all willing to adjust this intersection to the North, lining the road up
with 9th Avenue. The County needs to maintain this road connection around Union Reservoir. Addition:
Drew's discussions regarding transportation issues in the area have been with Don Leffler, a planning
consultant_ who is representing the property owners in their application to Weld County.
Ken Huson: The new embankment associated with the enlargement of Union Reservoir will be where the
existing road is, so it will need to be moved about 100 feet to the South. As the water department owns
the ground adjacent to the road around Union,they are willing grant an easement, or possibly dedicate
right-of-way, for the relocation of the road at the time of construction.
Drew Scheltinga: Chris Adrian is one of the three property owners with whom the County has had
discussions. Chris Adrian is going through the County process. The County has told Chris to move CR
24-3/4 and Chris has appeared agreeable. Other than the relocated CR 24-3/4 intersection, the County has
told Chris that all additional intersections along County Line for his development will be right-in/right-
out only. Addition: Drew's discussions regarding transportation issues in the area have been with Don
Leffler, a planning consultant, who is representing the property owners in their application to Weld
County.
Nick Wolfrum: The City has several general concerns. What if the LifeBridge P.U.D. needs to have CR
24-3/4 relocated prior to Chris Adrian develops? The City also wants to avoid the situation where the
existing intersection of CR 24-3/4 warrants signalization prior to being realigned.
LifeBridge committed to updating the traffic study with each additional phase in order to determine the
point when improvements to CR 24-3/4 are triggered. If a particular future traffic study indicates that CR
24-3/4 needs to be relocated, then that need will be addressed at the time of that phase of development to
determine all construction related issues,i.e.,cost sharing,etc.
Drew Scheltinga: Tti r g • ae " £rom the
existing spot by spot approach to improvements. This sentence is being struck out. While some mention
was made during the meeting regarding possible changes to the manner of handling Weld County
transportation impact fees, those details are not significant at this stage of the LifeBridge application.
Regarding upgrading railroad crossings and the PUC, the County has not been approaching the PUC for
support the pursuit of reduced or no requirements for signals and gates at these low use crossings..
Correction: Union Pacific has been upgrading unsignalized crossings(new signing replanking,paving,
etc.)and Weld County had not made any applications to the PUC for that work. Upgrading an existing
crossing, without adding lights and gates may not require a PUC application or hearing. The County
will support the additional crossing at Fairview. The Concepts developer(Dale Bruns) will prepare the
application with the County as the applicant.
Regarding CDOT, all of today's issues need to be followed up with CDOT.
Nick Wolfrum: The City will support the County regarding the addition of the railroad crossing at
Fairview.
Corrections
If anyone has any corrections to these meeting minutes,please send them to Todd Borger with Rocky
Mountain Consultants. Revised minutes will then be issued.
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SPECIFIC DEVELOPMENT GUIDE
PROJECT LIFEBRIDGE PUD
SPECIFIC DEVELOPMENT GUIDE
December 12, 2002
ENVIRONMENTAL IMPACTS
A. Noise and Vibration
The proposed development will not contribute to problems with excessive noise and vibration
after construction is complete. All uses within the PUD will comply with the appropriate
State and County noise requirements at the property line.
B. Smoke, Dust and Odors
The proposed development will not contribute to problems with smoke, dust and odors when
construction is complete. The PUD will comply with all state and local regulations regarding
smoke,dust and odors during each phase of construction. If required,Air Pollution Emission
Notices(APEN)will be filed with the Colorado Department of Health and the Environment.
We do not anticipate that the uses within the PUD will generate smoke, dust and odors.
Single family residential, church campus and office related activities, senior residential and
neighborhood center activities do not typically generate smoke,dust and odors beyond what
is typically found in the adjacent residential and agricultural land uses.
C. Heat, Light and Glare
We do not anticipate that the uses within the PUD will generate off site heat, light and glare.
All lighting will be designed to prevent light pollution on adjacent properties. Appropriate
setbacks and landscaping will limit off site glare from windows on structures within the PUD.
D. Visual/Aesthetic Impacts
Covenants will outline design guidelines within the development to ensure architecture is
uniform and aesthetically pleasing. Buildings will be designed to fit into the context of the
PUD and surrounding land use. The architectural character of the PUD is described as
follows:
^ • CHURCH CAMPUS
The conscious and inspired intertwining of buildings and landscapes is the essence of
accomplished campus architecture. The Church campus will include a collection of
�- buildings organized around carefully composed outdoor spaces. The design goal to break
down the scale of the campus through a series of appropriately scaled structures and
carefully orchestrated people-oriented outdoor spaces. These outdoor spaces will be the
organizing element for the campus.
The buildings will vary in function, size and configuration. The goal is to create a
memorable and lasting place. A common set of compositional rules will establish the
character of the structures.The massing, scale and materials of the buildings will be
sensitive to their location, as well as,their function. A strong pedestrian experience will
be created along the edges of the buildings. This will be accomplished by providing
LBCC Change of Zone Development Guide 12/12/02 1
A°,
covered walkways, trellises,canopies, and deep overhangs. In addition,pedestrian
circulation between the buildings will be made into amenities on the campus.
Building materials will be high quality and durable. Brick, masonry, metal and glass will
be used in combinations that speak to sensitivity to their location, as well as, their
function.Buildings that house large functions, such as assembly and performing arts
spaces,may be tempered with appropriately scaled foreground elements.These smaller
scaled elements will help break down the massing of the dimensionally large structures.
The building facades will be tied together through the use of consistent materials. The
color and texture on the exterior building surfaces will create a singular vision for the
place,yet provide enough variety to promote visual interest and avoid monotony.
• SENIOR HOUSING
Multi-story Assisted living, one and two story duplex and four-plex housing units will
comprise the majority of types of housing for this portion of the development. The
housing will focus around a public park. This large open space will provide a strong
identity and create a center for the neighborhood. Strong build-to lines will make the
buildings part of larger ensembles defining the public realm. The streets created will
support a safe neighborhood by having housing facades with large windows. Front yards
will be defined with low plantings and porches. The housing facades will be in scale
with the width of the street to create a room-like quality that will enhance the sense of
community and a place of shared use. Pedestrian activities will be encouraged with
generous sidewalks and reduced traffic speeds. Adequate parking for the housing will be
provided, in order to avoid large asphalt lots of cars or parking garages.
The character of the housing will be harmonious with the Church Campus. Rooflines
will be appropriately scaled to the housing unit or ensemble. Variety in the configuration
of the roof types and pitches will ensure interesting streets and avenues. A consistent
quality of materials on the facades will help the housing stand the test of time. Masonry
products over synthetic stucco materials will prevail.
• SINGLE FAMILY HOUSING
legaN Larger custom single-family houses will comprise this portion of the development. High
quality materials on the exterior will be used. Variety in both the size and massing of the
houses will create a unique neighborhood and avoid a tract housing product.
As in the senior housing, the Church Campus architecture will be the basis for both the
character of the housing,as well as,the palette of materials,color and level of detail.
IOW
• MIXED-USE RETAIL
The commercial development will be comprised of low scale business,retail and
professional office uses. Commercial streets will be lined with glass-windowed
storefronts promoting friendly streets. Generally,parking will be provided on the street,
with secondary parking adjacent to the buildings, in well-landscaped lots. The mixed-use
retail will be the anchor of the large park to the south,with the housing flanking the park
to the east and west. A type of town-square and main street will be created within this
retail zone.
^
LBCC Change of Zone Development Guide 12/12/02 2
The scale of the mixed-use retail will vary depending on the type of business. For
example, offices could occur above ground floor retail. A community center at the apex
of the park will provide a central feature for the retail zone, as well as, a gathering place
for the residents of the senior housing.
The architectural expression for the retail will support and follow the mandate that the
Church Campus establishes as the precedent.
E. Electrical Interference
To the best of our knowledge, the proposed development will not produce electrical
interference.
F. Water Pollution
We do not anticipate that uses within the PUD will pollute surface or ground water. During
each phase of construction,surface water quality will be managed through an appropriate
storm water management plan that addresses erosion and runoff. All uses within the PUD
will comply with local, state and federal water quality regulations. A preliminary drainage
report that addresses storm water runoff is attached for your review.
G. Wastewater Disposal
�- The development site is included in the St. Vrain Sanitation District's Master Plan. Service
will be provided to the site pending the conditions as outlined in the attached letter from the
St. Vrain Sanitation District. A draft agreement to provide service is attached.
H. Wetland Removal
At this time we have field delineated the wetlands and determined that although the
Oligarchy Ditch appears to be a jurisdictional water feature, there has been a limit to wetland
creation to approximately 0.25 acres on the westernmost corner of the site. This minor
wetland site is isolated and densely covered with grasses. Please see the attached letter
reports prepared by Chris Crowley. Tim Carey of the U.S. Army Corps of Engineers has
already ruled that wetlands are isolated and therefore not jurisdictional. The US Fish and
Wildlife Service has also reviewed the initial environmental site review and concurred with
our evaluation. A copy of their letter is attached.
I. Erosion and Sedimentation
To the best of our knowledge, the PUD site does not contain any soils that are especially
susceptible to problems with erosion and sedimentation. On-site erosion and sedimentation
will be controlled both during the construction phase and throughout the on-going
management of the facilities. While constructing the project,all application erosion and
sediment control permits will be obtained from the governing regulatory agencies. As part of
_ the Construction Stormwater Discharge permit process, a detailed erosion control plan will be
developed and implemented for construction activities. The developed areas will require
periodic maintenance of the on-site stormwater facilities to remove trash and sediment build-
up. Please see attached geological investigation, soils investigation and preliminary drainage
reports for additional information regarding on-site soils and project drainage.
LBCC Change of Zone Development Guide 12/12/02 3
J. Excavating, Filling and Grading
Soils investigations for the site are included with this application. Specific Engineering
documents, including a grading plan will be submitted as part of the Final Plat/Site Plan
application for each phase of the development. A preliminary drainage report has been
prepared and is included with this application. Special attention and care will be used during
design and construction to ensure all trenching and earthwork operations do not create any
negative off-site environments impacts
K. Drilling, Ditching and Dredging
We have located the existing oil and gas facilities on the Change of Zone Plat Map. The
status of future drill sites is under investigation. We have indicated future drill sites and
appropriate setbacks as required by the Colorado Oil and Gas Conservation Commission. We
will continue to work with the lessees to relocate and/or eliminate future drilling within the
PUD. The maps will be reviewed accordingly if this is accomplished. Any drilling, ditching
or dredging associated with the development at the site will comply with all applicable rules
and regulations.
L. Air Pollution
All development within the PUD will comply with Colorado Department of Health and
Environment(CDPHE)regulations regarding air quality.
M. Solid Waste
No solid waste will be disposed of within the PUD. A waste management contractor will be
hired to serve the needs of the development.
N. Wildlife Removal
The current agricultural land use of the site does not create any natural habitat that would
require wildlife to be removed. On February 18,2002 Rocky Mountain Consultants
performed a routine delineation of potentially jurisdictional wetlands on the site. A site walk
to determine the availability of habitat for threatened and endangered species was also
completed. Aerial photographs,the Weld County Soil Survey(Southern Part),USGS 7.5
minute quadrangle map of Longmont and the National Wetlands Inventory map compiled by
the USFWS were all consulted prior to and during the field visit. The NWI mapping does not
depict habitats typically inhabited by Preeble's Jumping Mouse,Ute Ladies' Tresses or the
Colorado Butterfly Plant. There could be raptor use of nearby cottonwood trees although
none were observed doing so during the brief site visit or mentioned by long time residents.
The applicant plans to preserve a portion of the corridor along the Oligarchy ditch and
maintain those large cottonwood trees, a licensed arborist deems salvageable and safe, as part
of the buffer and open space requirements will preserve any potential habitat on the site.
Please see the attached letter from the US Fish and Wildlife Service.
O. Natural Vegetation Removal
This site is currently managed for agricultural production. There could be raptor use of
nearby cottonwood trees although none were observed doing so during the brief site visit or
LBCC Change of Zone Development Guide 12/12/02 4
a mentioned by long time residents. At this time we have field delineated the wetlands and
determined that although the Oligarchy Ditch appears to be a jurisdictional water feature
there has been a limit to wetland creation to approximately 0.25 acres on the westernmost
a corner of the site. This minor wetland site is isolated and densely covered with grasses.
The applicant plans to preserve and maintain those large cottonwood trees, a licensed
arborist deems salvageable and safe,as part of the buffer and open space requirements
P. Radiation/radioactive material
The proposed site does not contain any known radiation or radioactive material.
Q. Drinking Water Source
Longs Peak and Left Hand Water Districts are proposed to provide service to the
development(see attached commitment letters and draft service agreements regarding
Longs Peak Water District and Left Hand Water District). We have met with both Districts
and have provided anticipated water usage and phasing information to the Districts. The
a proposed uses for all portions of the site should have no impacts on any drinking water
sources.
R. Traffic Impacts
All streets within the PUD will be paved. Traffic addenda submitted with each Final
Plat/Site plan application will determine the timing and extent of required improvements to
WCR 3 1/2 and WCR 26. Once these streets are paved, air quality impacts resulting from
road dust will be eliminated.
SERVICE PROVISION IMPACTS
A. Schools
We anticipate that residential units within the development will be predominately used for
senior housing. We do not anticipate a large enough impact to create the need for a public
school on the site. We have met with the St. Vrain Valley School District regarding this
development. The developer of the single-family residential component will be responsible
for the required school impact fees. However, LifeBridge Christian Church intends to
operate a preschool learning center on the site as a part of their Church campus. This may
include a private school for grades K-12 and post secondary education.
B. Law Enforcement
We anticipate that the Weld County Sheriff's Office will provide Law Enforcement for the
site. Their local office is located approximately 4 miles east of the site at the Weld County
Annex. We met with Ken Poncelow of the Weld County Sheriffs Office. LifeBridge
Christian Church will go through Crime Prevention Through Environmental Design
— (CPTED)training with the local Community Resource Officer. In addition,the church has
organized a safety and security team, which will meet with the Community Resource Officer
to review the security practices and develop emergency plans for the Church Campus.
LBCC Change of Zone Development Guide 12/12/02 5
a
^� C. Fire Protection
It is anticipated that the Mountain View Fire Protection District(MVFPD)will have adequate
resources to successfully serve the development. The applicant is committed to meeting all
of the requirements as outlined by the District. The Fire District requirements require review
of final designs for the development and structures within the PUD. We reviewed the current
street configuration and street cross sections with the District and have added a note to the
plat regarding compliance with all District rules and regulations. A letter regarding
compliance with all applicable regulations and standards will be provided with each Final
Plat/Site Plan application as the PUD goes forward.
• The fire flows required to serve this site will be dependent on the building size, whether it
is sprinkled or not, and the type of construction. For the larger buildings on site(125,000
square feet and above)a combination of firewalls and sprinklers will be required. All of
•— the larger buildings will be sprinkled.
• There are two ways on to the site,no matter which portion of the development they are
trying to serve. In order to have two accesses to the single family residential portion of
the development,the Fairview Extension must be completed and/or the re-aligned WCR
26 north of our site must remain in existence. In the event the Fairview Extension is not
built,WCR 26 will need to continue west to County Line Road. The District supports
multiple connections and interconnectivity of the street systems.
• We will look at designing a one-way emergency access for the pedestrian mall area on
the Church Campus. We will review the final design of the campus and pedestrian malls
at the time of final site design for each phase of the development. If required, the
emergency access will meet the standards of the District. Trees will be trimmed to allow
the trucks to travel unimpeded.
• Roads for the fire trucks will provide a 35' inside radius and 48' outer radius. In general,
the District does not like the idea of gates or medians. If there is an electric gate, it will
be designed so the fail position is open. They prefer knock key switches,which only
Mountain View would have, as opposed to a box with a key. Additionally, Mountain
View needs 20' wide lanes on both sides of the median to negotiate turns and set up
equipment(ie. outriggers which need hard, flat surface). Large trees in the median will
have required clearance from the ground.
• Hydrants will be placed at regular intervals along all of the arterial and collector streets.
As the pad sites are developed, individual buildings will likely require additional on-site
hydrants. Hydrants will be used to serve multiple buildings if they are located
appropriately. It will take a minimum of three hydrants to supply the required 2,500 gpm
fire flow for large buildings.
• The Architect will work closely with the District throughout the design process for the
structures on the site.
D. Ambulance
The PUD will be serviced by MVFPD. We will continue to work with the District to ensure
that all development within the PUD will be accessible and meet all requirements of the
District as outlined above.
E. Transportation
a
LBCC Change of Zone Development Guide 12/12/02 6
The site layout will provide a network of local, collector and arterial streets, all developed
according to County standards. A greenway/trail system is designed to connect the various
components of the development for pedestrian and bicycle traffic as well as provide
recreational opportunities. Typical cross sections of the streets within the PUD are shown on
the Plat. The attached Bike Path and Walks and Trails maps illustrate internal and regional
pedestrian circulation systems.
F. Traffic Impact Analysis
A preliminary traffic impact analysis was prepared by Mathew Delich and reviewed with the
Sketch Plan Application. Summary recommendations,as outlined in the Project LifeBridge
PUD Traffic Impact Study, Weld County Colorado,June 2002 are as follows:
• Phase One of the PUD will generate 562 morning peak hour trip ends, 791 afternoon
peak hour trip ends and 6992 trip ends per day.At an intermediate level of development,
the PUD will generate 1322 morning peak hour trip ends,2234 afternoon peak hour trip
ends and 23,744 trip ends per day. At full build out the PUD will generate 1730 morning
peak hour trip ends, 2718 afternoon peak hour trip ends and 28,132 trip ends per day.
• Using the short range (2010)background peak hour traffic peak hour signal warrants are
likely to be met at the SH119/Fairview intersection
• In the short range future with background peak hour forecasts, the key intersections will
operate acceptably.
• In the short range future with the total peak hour traffic forecasts,the key intersections
will operate acceptably.
• In the long range future(2020),with an intermediate level of development of the PUD,
the key intersections will operate acceptable.
• The actual development may be more or less than that shown in the reporting any given
phase or sub phase. The level of improvements in the street/road network will be tied to
the specific level of development. This will be determined by subsequent traffic impact
addenda.
• A traffic addendum, outlining specific improvements will be submitted with each final
Plat/Site plan application as the PUD develops. The site also has the potential to become
a public transportation hub complete with a Park-N-Ride Facility.
G. Storm Drainage
A preliminary drainage plan has been prepared for this submittal in conformance with
Sections 24-7-120 and 24-7-130 of the Weld County Code. The plan will ensure that natural
drainage networks and water quality are maintained. Additional appropriate engineering
documents will be submitted as part of the final plat/site plan application for each phase of
the PUD as they develop.
H. Utility Provisions
United Power, Inc. will provide electrical services,Xcel Energy will provide natural gas
services and Qwest will provide telecommunications services to the development. We met
with the service providers and information provided is as follows:
• United Power-There is ample electrical capacity in the area to serve the project. As
build out occurs,United Power will insure there is adequate service in the area. There is
a heavy underground line on the south side of Highway 119 to Fairview. On WCR 3 'A
LBCC Change of Zone Development Guide 12/12/02 7
there is an overhead tie line that was rebuilt three years ago to upgrade it to a three-phase
line. They indicated they would not need a substation location on this site.
United Power owns all of the electrical infrastructure up to and including the meters.
This includes the wires,transmission lines, and transformers. Beyond the meter is either
the Church's responsibility or whoever owns, resides on, or uses the property to be
served.United Power may need to upgrade further north over a period of time as
required.
United Power charges a Plant Investment fee and a meter fee. The plant investment fee
covers existing infrastructure that United Power installed with previous developments
and some of the new offsite infrastructure required to be installed. The plant investment
fee is computed based on the anticipated amps to be served.
Their standard easement is 15' wide. They will install the tap boxes first, which are 8'
square boxes. All of their lines in residential and commercial developments are placed
underground.
a
• Quest Communications-There is adequate capacity in the area for the residential
components of the project. Qwest will analyze line costs and all the additional costs
Qwest would incur to serve the campus portion of the project to determine whether or not
a it is economically feasible or desirable for Qwest to serve the campus portion of the
project with technologically advanced telecommunications.
Currently there are fiber optic lines along Highway 119. There is conduit in place from
WCR 3 'h to WCR 5 %s. Conduit is scheduled for installation this spring from WCR 3 %]
to County Line Road. From there, there is conduit all the way to the central office at 6s'
and Coffman. Len said a 244-fiber cable is supposed to be run along Highway 119 as
part of Qwest's plan for the area
• Excel Energy—We have spoken to Excel Energy and they have indicated that we are
^ within their service area ant that they will be able to serve the uses within the PUD
I. Water Provisions
As mentioned earlier, it is intended for Longs Peak and Left Hand Water Districts to provide
water service to the development(see attached commitment letters from Left Hand Water
District and Longs Peak Water District). The water distribution system will consist of main
lines throughout the site in order to provide sufficient looping and day-to-day service flows to
a
eliminate stagnate water and to provide adequate fire protection flows and pressures. The
Church will work closely with the District to determine mainline sizing and siting.
° Longs Peak Water District-Longs Peak can and will serve everything within their
service territory. We discussed Weld County's comment on the Sketch Plan requiring a
commitment agreement approved by the Weld County Attorney's Office. A draft
-- agreement regarding this requirement and a letter from the District indicating their
confirmation to provide service are attached. The agreement is based on the District' s
standard agreement and has been reviewed and approved as to form by Lee Morrison.
^ ° Left Hand Water District: The District's consulting engineer is working on a report
regarding service availability in this area. Preliminary information indicates that there
will only be about 20, 5/8"taps available (or the equivalent of 400 to 600 gallons per
LBCC Change of Zone Development Guide 12/12/02 8
�. minute of"purchase-able"water service)before a pump station must be built. Taps
(5/8")may be reserved through a type of subdivision agreement with the District by
paying 40%of the plan investment fee, or about$2,040. Cathy Peterson(with the
'^ District) indicated that Left Hand Water would probably participate in the cost of the
facility. A draft agreement regarding this requirement and a letter from the District
indicating their confirmation to provide service are attached. The agreement is based on
the District's standard agreement and has been reviewed and approved as to form by Lee
Morrison.
J. Sewage Disposal Provisions
This site is included in the St. Vrain Sanitation District's Master Plan. Service will be
provided to the site pending the conditions as outlined in attached agreement with St.Vrain
Sanitation District. Sanitary sewer service will consist of main lines throughout the site
connecting to the District's existing line at the Southeast corner of the site, on the North side
of Highway 119. The site has adequate fall from the North to the South so there should not
be a problem with shallow sanitary sewers. While the on-site bedrock is shallow at spots,
typical trench excavation should suffice,with the possible need for a backhoe-mounted
hydraulic jackhammer at times.
We met on Thursday,February 07, 2002 at the St. Vrain Sanitation District's office with
Mark Peterson (District Manager)and Rob Fleck(District Engineer). We met to determine
their ability to serve the project and how they would serve the project. Mark indicated that
there is a capacity issue at the pump station downstream of the site,the force main(currently
6")and the line running along Highway 119. The pump station needs to be upgraded, which
is not a huge expense but the District needs to know when to start the upgrade. Additionally,
upgrading the line along Highway 119 is not like a typical line extension in this case. Mark
feels it is the District's responsibility and a fair contribution from the developers using the
line to upgrade the line(currently 12"). The District has not looked at running parallel lines
versus replacing the existing line yet. We followed up to provide the District with flow and
demand calculations and a development schedule.They are currently working on a Basin
-- Plan/Study,which was expected to be complete in May 2002.
During a recent telephone call, the District(Rob Fleck)indicated they are now finalizing the
specific infrastructure requirements for the site and will ensure that the District does not
hinder the Church's schedule. In addition, the District expressed that while they feel that an
agreement containing more detail than a simple"commitment to serve"letter is inappropriate
for the Change of Zone application,they will be willing to work with Weld County and
LifeBridge Church to satisfy the County's intentions contained within the County's recent
Sketch Plan comments. A draft agreement regarding this requirement and a letter from the
District indicating their confirmation to provide service are attached. The agreement is based
on the Districts standard agreement and has been reviewed and approved as to form by Lee
Morrison.
LANDSCAPING ELEMENTS
The landscaping on this site will be designed to enhance the appearance and character of the PUD
area. All landscaping will conform to County Landscaping Regulations set forth in the MUD.
Landscaping will incorporate xeriscaping techniques,drought tolerant and native species and
drought-tolerant turf to the maximum extent possible.
LBCC Change of Zone Development Guide 12/12/02 9
The intent of the landscape design for Project LifeBridge is to complement the variety of
_ proposed land uses and tie the entire site together into one unified neighborhood. By enhancing
the landscape throughout the site, the community will become an enjoyable and enriching place
to live and work.
A series of outdoor rooms will be created to designate areas for the recreational activities
incorporated into the neighborhood. Areas for playing fields,walking/running trails,bike paths, a
possible swimming pool, tennis courts, and passive recreation activities will all be incorporated
into the design. Providing these amenities close to home or work affords a greater number of
people the opportunity to use and enjoy them.
A trail,adjacent to the Oligarchy ditch, will run through the site connecting areas to the east and
west of the development. This corridor may be relocated in conjunction with piping the ditch.
Native vegetation will be planted along both sides,creating a green corridor through the
neighborhood that may connect to the City of Longmont's primary greenway trail system. This
_ corridor will create habitat for wildlife and provide an enriching and enjoyable experience for
trail users. The trail will provide opportunities for activities such as walking,cycling, and
running for both residents of Project LifeBridge as well as neighboring communities.
To tie the site together and create a cohesive neighborhood, tree-lined streets with sidewalks will
connect the different areas of the site. As the street trees mature,the canopies will provide shade
along the street corridors, creating a more comfortable experience for pedestrians as well as
providing cooling benefits for the adjacent buildings in the summer months. A diverse
assortment of tree species will be used throughout the entire site to prevent the loss of a
significant number of trees in the event that a disease affects one single species. The variety of
tree species used will be arranged to help define the different land uses within the neighborhood.
As with the street trees,unique planting beds will be incorporated into areas of the neighborhood
to help define land-uses and reinforce a distinction between public and private spaces. Plantings
will be used to enhance signage and various building facades. Other streetscape elements, such
as benches, streetlights, and trash receptacles will also be designed as to unify the neighborhood
and enhance the experience along the streets. The Project LifeBridge will exhibit a well-cared for
and maintained appearance that will generate a sense of pride and ownership for members of the
community.
A. Landscape Plan
Please refer to sheet 6 of 6 for the site landscape concept. More detailed plans will
accompany final site plan submittal.
a
B. Buffering and Screening
With the planned adjacencies of land uses within the proposed PUD rezoning strategically
placed, limited screening becomes necessary between uses. Generally, streetscapes and open
space provide transitions between types of uses on site. Where individual properties require
additional screening of service or alley uses,provisions will be made to provide appropriate
levels by means of structures landscape. Transition to adjacent property land uses will be
similar to the standards set by the existing developments. Parkways and park-like edge
^ treatments,using landscape and landforms,create a friendly perimeter to the development.
C. Maintenance
a
LBCC Change of Zone Development Guide 12/12/02 10
A maintenance plan for all landscaping elements on site will be submitted with final site
plans.
D. On Site Improvements Agreement
A proposed on-site improvements agreement,a metro-district and/or home owners
association, will be submitted to the Department of Planning Services with final site plans.
E. Water Supply
The applicant owns shares in several irrigation ditches and a pumping right from Union
Reservoir. It is the intention to utilize these water rights to irrigate the common open space
within the PUD. Specific details of the raw water supply system will be provided at the time
of final plat/site plan for each phase within the PUD. Evidence of adequate water resources
to sustain and maintain the proposed landscaping will be submitted to the Planning
Department with final site plans.
_
SITE DESIGN
A Site Features
In developing the master plan for Project LifeBridge, existing site features and limitations
greatly influenced the design. The plan responds to the property's boundary conditions: a
well trafficked State Highway serving as the southern boundary,residential developments to
the east and west and open space to the north. The site topography is generally a gentle slope
with the highest point on the north edge of the site. The Oligarchy ditch currently bisects the
site from east to west and the railway spur crosses the site to the north. Views west of the
Front Range to Longs Peak and northwest over Union Reservoir are retained and accentuated.
B. PUD Goals and Policies
_
As a plan consistent with the PUD goals and policies of the Weld County code,the proposed
development succeeds in addressing the design and function issues set forth. The design
intent is to create an environment of distinct identity and character. Uses such as the senior
community,church/education campus, and neighborhood center create a distinctive and
exciting development for Weld County. Although some of the proposed land uses within the
planned unit development are somewhat unique to the immediate area,they are sensitive to
the bordering property uses. Appropriate setbacks and landscaping have been incorporated
into the plan as a transition to the surrounding land uses.
Scale, density, street design and open space,were considered in the planning. General
architectural and landscape design concepts,rather than detailed specifics,are developing for
the site.
^
Building location in relation to other buildings and streets are dependant on building use and
street type. Code restrictions determine distances between buildings. Setbacks for this PUD
Zone district are dictated by street classification and land use. The attached street sections
(sheet 5 of 6)represent appropriate setbacks for each street type. A series of street categories
within the development help define both the vehicular and pedestrian circulation. All streets
incorporate sidewalks,trees and street furniture. On street parking, tree lawns and minimized
LBCC Change of Zone Development Guide 12/12/02 11
_
a
building setbacks create familiar and functional neighborhood roads. Arterial roads use wider
lanes and a larger scale landscape to indicate higher traffic flows. Off-street parking will be
landscaped and screened within County standards at a minimum.
Open space and circulation provide the framework for land uses. A range of open space
types and scales relate to the various residential or community scale uses in the development.
Smaller,more intimate mid-block gardens provide open space for higher density senior
housing. Larger, less formal open spaces afford recreational areas easily accessible from
streets within the single-family housing. These parks offer green connections from within the
development to Union Reservoir and other recreational opportunities. Recreational fields,
gardens and naturalistic parks compliment the church/community campus. A large central
park creates a signature open space for the project, easily accessible from all areas of the
development.
C. Compatibility of Uses Within the PUD
The Project LifeBridge plan maximizes the relationship between compatible uses. The
a various uses front local roads,using the street and its associated streetscape as a buffer. A
progression of building scale and level of use from CR119 north into the site reduces the need
for screening and buffering between uses. A neighborhood center,located in the most visible
section of the property, is associated with the assisted living facility, community center, and
neighborhood retail and office. These community scale uses buffer the neighborhood center
from the senior housing portion of the site. Generous landscaped areas and setbacks help to
buffer the surrounding single family lots from the larger scaled buildings of the
church/community facilities. As a result,the uses within the PUD are compatible.
D. Compatibility of Uses to Areas Surrounding the PUD
The uses allowed in the PUD rezoning are compatible with land uses surrounding the PUD
Zone District.Proposed residential scale uses and appropriate setbacks and landscaping are
included around the perimeter of the PUD. Neighborhood retail and commercial uses, sited
along CR119 and primary arterial streets within the PUD Zone District,minimize conflicting
uses with adjacent uses by setbacks,perimeter landscape buffers and a proposed landscaped
parkway. Church/community facilities are sited central to the development with open space
and recreational fields surrounding the buildings. The required parking will be landscaped
a and screened appropriately from adjacent neighborhoods.
E. Hazard Districts
The proposed PUD Zone District is not located within a Flood Hazard, Geologic Hazard or
a
Airport Overlay District.
COMMON OPEN SPACE USAGE
A. Open Space Restrictions
The provision of varied, quality and accessible open space remains a priority of Project
LifeBridge. These open spaces are accessible to the pedestrian by sidewalks,provided on
every street type within the PUD Zone District, and by linkages to adjacent greenway
networks. On-street and off-street parking bordering the open spaces provide opportunity for
LBCC Change of Zone Development Guide 12/12/02 12
^ visitors arriving by vehicle. A wide variety of open space types create a series of recreational
prospects for users. Naturalistic landscape and trails within large open areas, smaller
intimate gardens, and a large central park help to organize the site development. The
amount of open space required by County zoning code as part of the uses will be met at a
minimum. As illustrated on sheet 6 of 6 the Landscape Plan,areas of open space planned for
amount to roughly 30% of the total land.
B. Homeowners Association
A metro district and/or homeowners association(HOA) shall be created. These organizations
shall be responsible for liability insurance, taxes and maintenance of open space and
recreational facilities. Membership in the HOA will be mandatory. The HOA will have the
power to levy taxes or fees as required by the Code for the purposes of operating and
maintaining common facilities.
a
SIGNAGE
All signage within the PUD will comply with all requirements in the Weld County Code,
Chapters 23,26,and 27 if applicable. Final design of all signage will be prepared with each Final
Plat/Site Plan and submitted for review with those applications.
MUD IMPACTS
^ r
This site will be developed in accordance with and in the tradition in which the MUD guidelines
were established. The site will be developed to ensure high quality standards and complement
surrounding developments and land uses.
Community Form and Structure
Goal MUD.C. Goal 1 in Chapter 26, Article 1 Section 26-1-50 of the Weld County Code
states, "Establish a sense of community identity within the Mixed Use Development area by
planning and managing residential, commercial, industrial, environmental, aesthetic and
economic components of the area." The land uses shown on the change of zone plat reflect
the uses shown on the MUD Structural Land Use Map. The site design integrates residential,
neighborhood commercial,environmental, aesthetic and economic components into a
cohesive unit that is attractive and compatible with surrounding land uses(MUD.C. Policies
a 1.1 and 1.2).
a
MUD.C. Goal 2 in Chapter 26,Article 1 Section 26-1-50 of the Weld County Code states,
"New development shall occur in a manner that assures an attractive working and living
environment." Innovative siting and design techniques are used within Project LifeBridge
PUD to cultivate an attractive visual appearance and preserve prime visual features(MUD.C.
Policy 2.1). Various pedestrian trails will connect the three components of the PUD and the
surrounding area(MUD.C. Policy 2.4). Quality architectural design will be utilized
throughout the development. Open Space will be integrated into the design of each
component within the PUD. It will include carefully composed exterior rooms,rather than
just left over outdoor space. The architecture of the buildings will be sympathetic with each
other and all will contribute to a strong sense of place. The scale,massing and materials will
be sensitive to the location,as well as, function of each structure. The configuration of the
a
LBCC Change of Zone Development Guide 12/12/02 13
a buildings will respond to opportunities for views, solar orientation and open space features
a (MUD.C. Policies 2.6 and 2.7). A minimum of 20%of each of the three components will be
reserved for open space as outlined and defined in the MUD Development Standards
(MUD.C. Policy 2.8). Adverse visual impacts caused by building scale, disturbed vegetation,
a and other activities will be mitigated with buffering and screening(MUD.C. Policy 2.10).
Solid fencing will not be used adjacent to streets throughout the development(MUD.C.
Policy 2.12).
MUD.C. Goal 3 in Chapter 26,Article 1 Section 26-1-50 of the Weld County Code states,
a
"Community form and identity shall be encouraged through the enhancement and
preservation of natural resources and features." Where feasible, drainage ways shall be
maintained in their natural state to ensure optimal re-charge (MUD.C. Policy 3.2). Impacts to
air quality will be minimized(MUD.C. Policy 3.3). Disturbed areas will be revegetated
immediately following construction. In order to minimize wind and soil erosion, temporary
stabilization measures will be established until permanent cover is in place. (MUD.C. Policy
3.5). Native species have been selected for some of the revegetation(MUD.C. Policy 3.6).
MUD.C. Goal 4 in Chapter 26, Article 1 Section 26-1-50 of the Weld County Code states,
"The coordination of municipal, county,regional and state growth policies and programs
which includes the MUD area shall be evaluated in order to minimize discrepancies,promote
a
a better understanding of growth dynamics in the area,avoid duplication of services and
provide economies of scale." The goal of this application is to demonstrate that Project
LifeBridge PUD is compatible with existing surrounding land use in terms of general use,
building height, scale,density,traffic, dust and noise(MUD.C. Policy 4.1). We are using the
PUD application process and regulations as required by MUD.C. Policy 4.2. The PUD
process will allow flexibility and variety needed to offer a range of products services and
uses.
Public Facilities and Services
MUD.P. Goal 1 in Chapter 26,Article 1 Section 26-1-60 of the Weld County Code states,
"Provide efficient and cost-effective delivery of adequate public facilities and services which
assure the health,safety and general welfare of the present and future residents of the area."
This project is located in an area where infrastructure needs will be adequately provided once
construction begins on the Project LifeBridge PUD. We met with all of the referral agencies
regarding this project and are currently working with St. Vrain Sanitation District,Left Hand
Water District,and Longs Peak Water District to develop the necessary service agreements
a
(MUD.P. Policies 1.2 and 1.3). We will provide coordination for solid waste collection
services, including establishment of service standards, approved fee schedules and recycling
requirements.
MUD.P. Goal 2 in Chapter 26,Article 1 Section 26-1-60 of the Weld County Code states,
"Provide adequate public safety facilities, such as satellite stations for police, fire,ambulance
and encourage the siting of co-located facilities and equipment." We met with Mountain
View Fire Protection District who will provide fire and ambulance services for this project
and the Weld County Sheriffs Office. They did not indicate the need to reserve space for a
substation on this site. If a substation is required for any or all of these services, adequate
space will be reserved. LifeBridge Christian Church will meet with the local Weld County
Sheriffs Community Resource Officer for Crime Prevention through Environmental Design
(CPTED)training. In addition,the Church will also work with the Community Resource
LBCC Change of Zone Development Guide 12/12/02 14
Officer to discuss,develop, and implement a safety and security plan and various emergency
plans(MUD.P. Policies 2.1 and 2.2).
MUD.P.Goal 3 in Chapter 26, Article 1 Section 26-1-60 of the Weld County Code states,
"Provide for adequate school facilities conveniently placed central to residential
neighborhoods and available for use in a timely manner." We met with the St. Vrain Valley
a
School District. They did not identify a need for a school at this site, as there are other school
sites they have purchased in the area. The developer of the single family residential will pay
the necessary school impact fees as required by the District(MUD.P. Policy 3.2). In
addition,the Church Campus will include youth and adult educational facilities. Future plans
a may include a charter school.
MUD.P. Goal 4 in Chapter 26, Article 1 Section 26-1-60 of the Weld County Code states,
"New development shall provide a mechanism for funding public facility and service
expansion and community facilities based on the demand created by the development." The
developer will guarantee that public facilities and services are effectively installed,operated,
and maintained(MUD.P. Policy 4.1). The developer will pay the public facilities, service
improvement, and maintenance costs required for the development or caused by the
development(MUD.P. Policy 4.2). The developers of Project LifeBridge PUD will pay their
proportional share of the local costs of infrastructure improvements within the MUD area
a (MUD.P. Policy 4.4).
Transportation and Circulation
MUD.T. Goal 1 in Chapter 26,Article 1 Section 26-1-70 of the Weld County Code states,
"To provide a well-integrated,balanced transportation system that considers all modes of
travel and meets the public need for mobility,comfort and safety with maximum efficiency
and economy within the MUD area." This development will comply with Sections 22-3-60
through 22-3-190 of the Weld County Code. Access to the development will preserve the
existing and future function of roads and highways affected by this proposed development.
All development circulation systems shall be designated so that they do not disrupt highway
travel. Traffic generated by the proposed development will conform to the recommendations
and requirements of the Department of Public Works and the Colorado Department of
Transportation(MUD.T. Policy 1.2).
MUD.T. Goal 2 in Chapter 26, Article 1 Section 26-1-70 of the Weld County Code states,
"Promote a pedestrian trail system to service transportation and recreation purposes within
the MUD area." Several pedestrian and open space connections are provided to connect the
three components of the development and the surrounding area.
MUD.T. Goal 3 in Chapter 26, Article 1 Section 26-1-70 of the Weld County Code states,
"New development within the MUD area shall provide a mechanism for balancing relevant
fiscal and economic components of transportation systems." An overall traffic impact
a
analysis has been prepared for this development. Cumulative development impacts, created
by this project and appropriate improvements are identified in the report. (MUD.T. Policy
3.1).
MUD.T. Goal 4 in Chapter 26,Article 1 Section 26-1-70 of the Weld County Code states,
"As development occurs,the feasibility of a public transit system shall be examined in the
MUD area." The site also has the potential to become a public transportation hub complete
LBCC Change of Zone Development Guide 12/12/02 15
Oa,
.., with a Park-N-Ride Facility. We will design the transportation network so that a public
transit system could easily be integrated into the project.
IGA IMPACTS
This site lies within the area included in the recently adopted IGA with the City of Longmont.
However, it is our understanding that the IGS does not apply to this project because it was in
the review process when the agreement was adopted.
a
a
a
LBCC Change of Zone Development Guide 12/12/02 :16
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hOU 12 '02 11:05 I-HUN WELD CO TREPSLIRER TO 9130-'1:556959 PRGE.001/004
Report Date:11/1212002 09:54AM WELD COUNTY TREASURER Page:1
- CERTIFICATE OF TAXES DUE CERT t 26737
SCHEDULE NO:R0124289 ORDER NO:
ASSESSED TO: VENDOR NO:38
WHITHAM FARMS LLC ROCKY MOUNTAIN CONSULTANTS. INC.
0189 ARROWHEAD BLUFF 825 DELAWARE AVE.,5TH FLOOR
BLUE RIVER ROUTE
SILVERTHORNE CO 80498 LONGMONT CO 80501
LEGAL DESCRIPTION:
25071-C PT NE4 5 268 BEG 544016'E 41.98'FROM N4 COR OF SEC THENCE S01 D19'W 660'S89053'E
-- 660.15' NOtD19'E 880'THENCE N89053'W 660.15'TO BEG
PARCEL: 131305000054 SITUS ADD:
" TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 64.00 0.00 0.00 64.00 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 11/12/2002 0.00
r. ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2325-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 18.91 AGRICULTUR 3,172 920
SCHOOL DIST REIJ 36256 33.36
NCW WATER 1.000 0.92 TOTAL 3,172 920
SVW WATER 0.258 0.24
LONGS PEAK WATER 0.000 0.00
MTN VIEW FIRE(BOND 0.420 0.39
WELD LIBRARY 3249 2.99
LONGMONT SOIL 0.000 0.00
MOUNTAIN VIEW FIRE 7.817 7.19
TAXES FOR 2001 69.559 64.00
FEE FOR THIS CERTIFICATE --- - 10.00 -_.
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE UENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE Will.NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.
REAL PROPERTY.AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
... This certificate does not Indude land or improvements assessed under a separate account number,persons propettY taxes,
wander tax or misc.lax collected on behalf or mobile homes,miss specificallymentioned. other entities,speciala local Improvement atriaaaseeamerss or
Iv
i,me unassigned.do hereby oerAW that the entire amount of taxes due upon the above described
em property and all
,_ outstanding sales for unpaid taxes as shown by the records in my office from which the same may stil be redeemed OR the amount
required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 12th day of November.2002.
TREASURER,WELD COUNTY,DONALD D.MUELLER,BY: Lid_
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P.O.Box 458 /�
Greeley,CO 80632 ( J
(970)353-3845 ext.3290
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NOV 12 '02 1105 FROM WELD CO TREASURER TO 9130--556959 PAGE.002/004
-
-
Report Date:11/12/2002 09:55AM WELD COUNTY TREASURER Page:1
CERTIFICATE OF TAXES DUE CERT 0:26738
SCHEDULE NO:R0108891 ORDER NO:
ASSESSED TO; VENDOR NO:38
WI-IITHAM FARMS LLC ROCKY MOUNTAIN CONSULTANTS,INC.
0189 ARROWHEAD BLUFF 825 DELAWARE AVE.,5TH FLOOR
BLUE RIVER ROUTE
SILVERTHORNE,CO 80498 LONGMONT CO 80501
LEGAL DESCRIPTION:
25071-G NE4 5 288 EXC BEG N4 COR SEC 844016'E 41.98'TO TRUE POB 501O19W 660'S89D53'E
660.15 NO1D19'E 660'N89D53W 660,15'TO BEG(1.8R 2.5D 5.52RR 422S)%11662 WCR 3 1/2%
SEWS: 11662 3.5 CR WELD 00000
PARCEL: 131305000060 SITUS ADD: 11662 3.5 CR WELD
- TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 893.84 0.00 0.00 893.84 0.00
- TOTAL TAXES 0.00
a. GRAND TOTAL DUE GOOD THROUGH 11/1212002 0.00
ORIGINAL TAX BIWNG FOR 2001 TAX DISTRICT 2325-
Authority MIII Levy Amount Values Actual Assessed
WELD COUNTY 20.559 264.18 AGRICULTUR 44,311 12,850
SCHOOL DIST REIJ 36.256 465.89
NCW WATER 1.000 12.86 TOTAL 44,311 12,850
SVW WATER 0.258 3.32
- LONGS PEAK WATER 0.000 0.00
MTN VIEW FIRE(BOND 0.420 5.40
- WELD LIBRARY 3.249 41.75
LONGMONT SOIL 0.000 0.00
- MOUNTAIN VIEW FIRE 7.817 100.45
TAXES FOR 2001 69.559 893.84
FEE FOR THIS CERTIFICATE 10.00
a ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
._ OR TO ADVERTISING MID DISTRAINT WARRANT FEES. CHANGES MAY OCCUR ANC'THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES' PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK
-- SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR
This certificate doss not include land or improvements assessed under a sedates account number,personal property taxes,
transfer tax or mist tax collected on behalf of other entities,special or kcal Improvement district assessments or
mobile homes,unless specifically mentioned.
— I,the unassigned.do hereby candy that the enure amount of taxes due upon the above descited parcels of real property and all
outstanding sales for unpaid tame as shown by the reconb in my office from which the same may still be redeemed waif the amount
required for redemption are as noted herein.In witness whereof.I have hereunto set my hand and seal this 12th day of November-2002.
TREASURER,WELD COUNTY,DONALD D.MUELLER,BY: Altral--}11-----
P.O.Box 458
Greeley,CO 80832
(970)353.3845 ext.3290
a
a
a
a
a
—
a
NOV 12 '02 1105 FROM WELD CO TREASURER TO 913P--556959 PAGE.003'004
a.
a
Report Date:11/12/2002 09:56AM WELD COUNTY TREASURER Page:
- ' CERTIFICATE OF TAXES DUE CERT/:26739
SCHEDULE Na R0297194 ORDER NO:
ASSESSED TO: VENDOR NO:38
WHITHAM FARMS LLC ROCKY MOUNTAIN CONSULTANTS.INC.
0189 ARROWHEAD BLUFF 825 DELAWARE AVE.,5TH FLOOR
BLUE RIVER ROUTE
SILVERTHORNE,CO 80498 LONGMONT CO 80501
LEGAL DESCRIPTION:
25073-A PT SE4 5 268 BEG SE COR SEC N01 D05'E 238'(C/A 021)33' R=11310 ARC TO NORTH 504.65'
CHORD N84D0'W 504.617 S88035'W 333.17' (C/A 0003'R=5830 ARC TO SOUTH 5.63'CHORD
N82D46W 5.63')TO POB (C/A 09047 R=5830 ARC TO SOUTH 987.22 CHORD N87D38'W 988.04')
883D37W 19423'S87D58'W 190.57 S86D13W 361/0'N70D20W 66.65' S87D37W 30.01'NOD43'E
2417.98' S89D09'E 1822.28'S0043W 2400.32 TO PO8(8R)
PARCEL: 131305000062 STUB ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 967.56 0.00 0.00 967.56 0.00
^ TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 11/12/2002 0.00
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2330.
Authority MIII Levy Amount Values Actual Assessed
WELD COUNTY 20.559 285.98 AGRICULTUR 47,955 13,910
SCHOOL DIST RE1J 36.256 504.32
NCW WATER 1.000 13.91 TOTAL 47,955 13,910
SVW WATER 0.258 3.59
LEFT HAND WATER 0.000 0.00
MTN VIEW FIRE(SOND 0.420 5.84
WELD LIBRARY 3.249 45.19
LONGMONT SOIL 0.000 0.00
^ MOUNTAIN VIEW FIRE 7.817 108.73
TAXES FOR 2001 69.559 967.56
a. .. ..
FEE FOR THIs CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE UENHOLDER
a OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMRTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
— REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS.THE COUNTY CLERK,OR THE COUNTY ASSESSOR
This cordlkam does not Include lard or improvements assessed under a separate account number,personal pmpety taxes,
hander talc or miso.tax collected on behalf of other meats,special or local i nprovemsnt district aseeeemems or
mobile lanes,unless specifically'petitioned.
I.the undersigned.do hereby artily that the entire amount of taxes ale upon the above described parcels of reel property and at
outstanding sales for unpaid tyres as sham by the records in my dice from which the sane may still be redeemed with the amount
a required for redemption are as noted herein.In witness whereof.thaw hereunto set my hand and seal Ns 12th day of November.2002.
TREASURER,WELD COUNTY,DONALD D.MUELLER,BY: AQ., {r lG_—
P.O.Box 458 lJ�
— Greeley,CO 80632
(970)353-3846 ext.3290
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NOV 12 '02 11:06 I-M11 WELD CO TREASURER TO 913V '556959 PAGE.004/004
Report Date: 11/12/2002 09:57AM WELD COUNTY TREASURER Page:1
_ CERTIFICATE OF TAXES DUE CERT IY:26740
SCHEDULE MG R0936401 ORDER NO:
ASSESSED TO: VENDOR NO:38
LIFEBRIDGE CHRISTIAN CHURCH ROCKY MOUNTAIN CONSULTANTS,INC.
10345 UTE HIGHWAY 825 DELAWARE AVE.,5TH FLOOR
LONGMONT,CO 80504 LONGMONT CO 80501
LEGAL DESCRIPTION:
PT NW4 5-2-68 LOT B REC EXEMPT RE-1389(1.45R)
.- PARCEL: 131305000088 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 363.80 0.00 0.00 363.80 0.00
-TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 11/12/2002 0,00
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2325-
Autllority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 107.53 AGRICULTUR 18,004 5.230
SCHOOL DIST REIJ 38.258 189.62
NCW WATER 1.000 5.23 TOTAL 18.004 5230
SVW WATER 0.258 1.35
LONGS PEAK WATER 0.000 0.00
MTh VIEW FIRE(BOND 0A20 220
.., WELD LIBRARY 3.249 16.99
LONGMONT SOIL 0.000 0.00
.. MOUNTAIN VIEW FIRE 7.817 40.88
..- TAXES FOR 2001 69.559 383.80
4-
FEE-FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE UENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
-
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
-- COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR
The certificate does no Include land or snprovemente assessed under a separate account number,personal properly taxes.
transfer tax or misc.tax collected on WWI of other amides,special or local improvement district assessments Or
. mobile banes,unless specifically mentioned.
_ I.the undersigned,do hereby certify that the entire amoum Ulaxes due upon the above described pelmets of real property and all outstanding sales far unpaid taxes as shown office from which the sarm with the amount
required for redemption are noted herein In by the
whereo�I have hereunto set my hand raid seal Ids 12th slill be of November.2002.
...—
o...., TREASURER,WELD COUNTY,DONALD D.MUELLER,BY: �.r IL-
P.O.Box 458 C/.�
Greeley,CO 80832
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(970)353-3845 ext.3290
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AGREEMENT
WITH MINERAL OWNERS
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AN
ASTRELLA & RICE PC
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-- August 6, 2002
Lee David Morrison, Esq.
Assistant County Attorney
Weld County Attorney's Office
P.O. Box 758
Greeley, CO 80632
Re: Whitham Farms, LLC and Life Bridge Christian Church v. NARCO et at
N/2 of Section 5, Township 2 North, Range 68 West, in Weld County
Dear Lee:
^
Enclosed please find a copy of the Findings of Fact and Conclusions of Law in the
above-referenced case. As we discussed, the law as applied by Judge West would allow
oil and gas lessees to encumber the surface of the property for future wellsites, even when
they have no reasonable prospects of developing the minerals by drilling additional wells.
I doubt that his opinion will hold up on appeal because it supports a view that an oil and
gas lessee may hold a lease for speculation, a position which the United States Supreme
Court and the appellate courts in Colorado have said cannot be done. Moreover, the
- Judge failed to take into account the important case of Gerrity Oil & Gas Corporation v.
Magness, 946 P.2d 913 (Colo. 1997).
Very truly yours,
Lance Astrella
LA/etr
Enclosure
cc: Dave Biekert
Bruce Grinnell
..
IuI I:Su4�•' ,: PO"'
r+ Irttpa/tt %‘‘ .1,1 Itll:d:ra.,,..,
~ DISTRICT COURT,WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, Greeley, CO 80631
Mailing Address: Post Office Box 2038,Greeley, CO 80632-2038 EFILED
IN
••••1/4
Plaintiff(s): WHITHAM FARMS, LLC. and LIFE BRIDGE DISTRICT COURT
CHRISTIAN CHURCH, WELD CO.,COLO.
vs
Defendant(s): NORTH AMERICAN RESOURCES
COMPANY, et al..
Attorneys for P/ainkff(s):
Lance Astrella,T.B.Rice
Astreia&Rice(e)
AttornryrforDndant(r): A COURT USE ONLY
Dennis N. Carries Gretchen VanderWerf(e)
Kuhn Cames&Anderson(e)
Case Number: 00 CV 950
Jeffrey J. Friedland
Division: 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This matter comes before the Court for a bench trial,which the parties have stipulated
shall be resolved on submission of briefs in lieu of a live trial. The Court,having reviewed the
briefs, the stipulated facts' and the evidence submitted and being otherwise fully advised,hereby
makes the following findings of fact and conclusions of law.
I
FINDINGS OF FACT
This action concerns several oil and gas leases that cover 310 acres,2 known as the N/2 of
Section 5,Township 2 North,Range 68 West,in Weld County. Plaintiff Whitham Farms
purchased approximately 150 acres, all of which are subject to the Pietrzak lease. The City of
Longmont also purchased 25 acres subject to the Pietrzak lease in the same area,with the intent of
eventually expanding the Union Reservoir. Both purchases included the surface and mineral
The parties have submitted a detailed stipulation of facts that this Court has relied upon in reaching its findings of fact
The stipulated facts are marked as Exhibit B in the Court's file.
2 The three leases are(1)the Oil and Gas Lease dated Febmary 4,1980,between Union Reservoir Company,lessor,and
Calvin Petroleum Corporation,lessee;(2)the Oil and Gas Lease dated March 17,1981,between the Pietrzaks,lessors,and
W.B.Macey and Paul M.Mershon,Jr.,lessees;and(3)the Oil and Gas Lease dated October 1,1981,between Great Western
Railway,lessor,and Messrs.Macey and Mershon,lessees.Under a pooling agreement covering the 310 acres,all three of
these leases are treated as if they were a single lease and are developed as if constituting a single unit.
^^ Whitham Farms,LLC.and Life Bridge Christian Church,Plaintiffs, Case No.00 CV 950
vs
North American Resources Company,et al,Defendants. Division 1
^
rights. Union Reservoir Company owns approximately 14 acres in the same area,which is also
subject to the Reservoir lease. Subsequent to the filing of this lawsuit,Whitham Farms sold its
interest in the property to Life Bridge Christian Church. Life Bridge Christian Church intends to
develop the surface of the property and believes that the Pietrzak lease interferes with the planned
development.
a
.- Defendant North American Resources Company ("NARCO") is an oil and gas operator
that now owns a working interest in the oil and gas leases covering the subject property,which is
located on the edge of the Denver-Julesburg Basin.3 NAACO acquired its interest in the leases by
virtue of four separate assignments that occurred in 1990 and 1991.4 NAACO became the
operator of the property on January 31, 1991.5 Defendants Taku Resources, Geronimo Energy
Partners,SOCO Wattenberg Corporation,Barry L. Snyder and Murray J. Herring are also working
interest owners.6
In April 1982, the first and only well that exists on the subject property,known as Pietrzak
No. 1,was drilled into the J-sand formation by NAACO's predecessor-in-interest. In 1997,
NARCO recompleted the well into the Codell formation. The Pietrzak well has been in
production since it was originally drilled,and continues to produce today.7 No other wells have
been drilled on the subject property. This is consistent with the pattern of development on the
eight adjacent tracts to the property at issue,which has been one J-Sand well per each 640-acre
tract. Further, experts on both sides have concluded that while the Pietrzak No. 1 well has
economic value, there are no additional economically viable drilling locations on the property and
that as a result,a reasonable operator would not have drilled another well.' NARCO has reached
the same conclusion, placing further development of the subject property on a low priority because
of the high capital investment and low return.'While NAACO has determined that new wells
would not produce in paying quantities at this time,it has not ruled out the possibility of drilling
another well at some point in the future.1"The decision of when and if to drill additional wells will
a
be made by a team of professionals consisting of a landman,geologist, engineer and manager,who
will look at various factors to determine the viability and priority of NARCO's drilling activities.11
In Colorado, the Colorado Oil and Gas Conservation Commission ("COGCC") governs
development and production of oil and gas. Most relevant to our inquiry is that the COGCC
specifies how many wells can be drilled in a given area and into what formation. Periodically, the
3 The Denver-Julesburg Basin was first explored in the early 1970s and has been the subject of mass exploration and
development ever since. It is generally believed to be a productive and proven field.
4 See NAACO's Response to Plaintiff's First Set of Discovery Requests marked as Exhibit F in the Court's file.
See id.
^ For convenience,all of the working interest owners will be referred to as NAACO.
t See the Summary Production Report marked as Exhibit G in the Court's file.
"All parties have stipulated to the expert qualifications of each other's expert. The report of Jack A.McCartney,Whitham
Farms'expert,is marked as Exhibit E in the Court's file. The report of Andrew S.Peterson,NARCO's expert,is marked as
Exhibit C. Mr.Peterson's curriculum vitae is marked as Exhibit D.
'See NAACO's Response to Plaintiff's First Set of Discovery Requests,marked as Exhibit F in the Court's fde.
a °See id.
�� a See id.
a
Page 2 of 6
a
Whitham Farms,LLC.and Life Bridge Christian Church,Plaintiffs, Case No.00 CV 950
vs
North American Resources Company,a at,Defendants. Division 1
COGCC changes its specifications on the number of wells that can be drilled in a given area by
entering what are known as spacing orders. At the time in question, the COGCC spacing orders
permit an operator to drill up to sixteen wells on each 310-acre tract. The COGCC spacing orders
are permissive, however,not mandatory.
On June 7, 1999,Whitham Farms demanded that NARCO release the oil and gas lease
applicable to its property pursuant to § 38-42-104, C.R.S..12 On March 27,2001, the City of
Longmont made the same demand. NAACO refused both demands.) Instead,NAACO offered
Whitham Farms the same opportunity to buy out the lease it was offering other surface owners in
the area.14 NARCO refused the offer,and this suit followed.
a II
PROCEDURAL BACKGROUND
Initially,Whitham Farms sought a declaratory judgment declaring the Pietrzak lease
forfeited as a result of NARCO's breach of the implied covenant of development and the implied
a
covenant of further exploration. The City of Longmont joined in this request. In the alternative,
both Whitham Farms and the City of Longmont seek to cancel the lease as to that portion of land
a
not necessary for operation of the Pietrzak No. 1 well. Whitham Farms also brought suit for
breach of contract due to NARCO's alleged improper payment of royalties.
a On July 16,2001, this Court entered an order on the parties'cross-motions for summary
judgment.) In that order, this Court dismissed Whitham Farms and the City of Longmont's claim
a
for breach of the implied covenant of further exploration, finding that it was undisputed that the
area was a proven and producing field that did not require further exploration. This Court also
a
found that the City of Longmont met the demand requirement of§ 38-42-104,C.R.S.. Summary
judgment on the remaining claims was denied based upon the presence of material issues of fact
that precluded any further findings by this Court.
Subsequent to this Court's order,Whitham Farms withdrew its claim for improper payment
of royalties,leaving only the claim for breach of the implied covenant of development for
resolution.
a
III
CONCLUSIONS OF LAW
Both sides agree that the sole issue before this Court is whether or not NARCO has
breached the implied covenant of development contained within the Pietrzak lease. If so, then the
a
'r Whitham's demand letter is marked as Exhibit H in the Court's file.
t'NAACO's refusal letters to both Whitham Farms and the City of Longmont are marked as Exhibits I and J,respectively.
"See NAACO's letter of July 13,1999 marked as Exhibit K in the Court's file.
15 This Court's Order is marked as Exhibit A in the Court's file.
^
.. Page 3 of 6
^
Whitham Farms,LLC.and Life Bridge Christian Church,Plaintiffs,
Case No.00 CV 950
V9
North American Resources Company,et al.,Defendants. Division 1
lease is subject to cancellation. The parties disagree,however, on how this Court is to determine
whether NARCO breached the implied covenant of development.
Whitham Farms and the City of Longmont have taken the position that the prudent
operator standard is not the proper test. Rather, they argue that they must only prove by a
preponderance of the evidence that additional development would not profitable, thereby shifting
the burden to NARCO to prove why in equity and good conscience the undeveloped portion
should not be surrendered. Whitham Farms and the City of Longmont further argue that the
absence of drilling for an extended period of time warrants cancellation of the lease because
further drilling would be unprofitable or the lessee has no intention of further developing the area,
even in the absence of proof that a prudent operator would have drilled additional wells.
NARCO, on the other hand,argues that the prudent operator test applies. Under the
prudent operator test NARCO applies, the Court must determined whether a lessor has shown by
a preponderance of the evidence that a reasonably prudent operator would have developed the
area further. To meet this burden,a lessor must establish that further development is reasonably
expected to be profitable, that is,would produce oil or gas in paying quantities.
It is well established in Colorado that every oil and gas lease contains an implied covenant
of reasonable development.&Gillette v. Pepper Tank Co., 694 P.2d 369, 372 (Colo. Ct.App.
1984). ,See also Mountain States Oil Corp.v. Sandoval, 125 P.2d 964 (Colo. 1942) and Graefe&
Graefe. Inc. v. Beaver Mesa Exploration Co., 635 P.2d 900 (Colo. Ct.App. 1981). The purpose of
implying such a covenant is to insure that exploration, development and production proceed with
reasonable diligence for the common benefit of all parties. ke Gillette, 694 P.2d at 372, citing
Brewster v. Lanyon Zinc Co., 140 F. 801 (8th Cir. 1905). It is the reasonable diligence requirement
that gives rise to the prudent operator test. Reasonable diligence is defined as "whatever,in the
circumstances,would be reasonably expected of all operators of ordinary prudence, having regard
to the interest of both lessor and lessee". &g id.. A breach of the implied covenant results in
surrender of the premises to the lessor. ace id.
Under Colorado law, the implied covenant of reasonable development"requires a
determination that additional development will be profitable. This determination rests on proof that, more
probably than not,production of oil organ will be found in paying quantities." Gillette, 694 P.2d at 372,
citing H.Williams &C. Meyers, Oil&Gas Law @ 831-847 (1983). (Emphasis added) There can
be no clearer statement of the law than this. Therefore, this Court concludes that under Colorado
law,Whitham Farms and the City of Longmont are required to prove by a preponderance of the
evidence that additional development would result in production of oil or gas in paying quantities
and that NARCO failed to undertake such development in order to establish a breach of the
implied covenant of reasonable development.
As set forth in the factual findings,NARCO has not undertaken further development of
the subject property since it recompleted the Pietrzak No. 1 well in 1997. However, both experts
agree that additional development would not be economically viable because additional wells
would operate at a loss. It necessarily follows that a reasonably prudent operator would not have
Page4of6
^
^
Whitham Farms,LLC.and Life Bridge Christian Church,Plaintiffs, Case No.00 CV 950
vs
North American Resources Company,et a1,Defendants. Division 1
a
undertaken such additional development in these circumstances because production of oil or gas
from those wells will not be found in paying quantities. Therefore,Whitham Farms and the City of
Longmont have failed to meet their burden.
a
This Court recognizes that Whitham Farms and the City of Longmont have argued at
length that the prudent operator test has been abandoned or significantly broadened such that
a
proof of economic viability of additional wells is no longer necessary.While this may be the case in
other jurisdictions,it is not the law in Colorado. Further,even under the law of other jurisdictions,
most notably Oklahoma, Whitham Farms and the City of Longmont would not be entitled to the
relief they seek.
^
In Ramsey Petroleum Corp.v. Davis, 85 P.2d 427 (Okla. 1938), it is said that in order to
prove a breach of the covenant to drill additional wells, the lessor must show that the additional
well would probably produce sufficient quantities of oil or gas to repay the expenses and also
produce a reasonable profit. This general rule was relaxed in 1943 such that proof that the lessee
has no real intention of further developing the land and is holding the same for mere speculative
purposes would justify cancellation of the lease. egg Doss Oil Royalty Co. v. Texas Co., 137 P.2d
934 (Okla. 1943).16 Under this relaxed approach,if circumstances indicate that further
development would not be profitable it is only fair that,after a reasonable length of time, the
lessee surrender the premises to the lessor or assume the burden of proving why in equity and good
conscience the lessee should be permitted to continue holding the property. See id. it 364. What
a amount of time constitutes a reasonable length of time is dependent on the facts of each case,but
case law in those jurisdictions following this relaxed approach indicates that more than 14 years of
a
undevelopment is required. act id. (14 years); Sander v. Mid-Continent Petroleum Corp.,292 U.S.
272, 54 S.Ct. 671,78 L.Ed. 1255 (1934) (17 years);and Sinclair Oil&Gas Co.v. Masterson, 271
a
F.2d 310 (5th Cir. 1959) (17 years). Here, the last development on the property occurred in 1997, a
mere five years ago.
The main reasons for adopting the relaxed approach is to prevent a lessee from holding
onto the property for a long period of time when(1) the lessee has no intention of further
a
developing the land or (2) the lessee has failed to develop the land. &g,g,&, Superior Oil Co.v.
Devon, 604 F.2d 1063 (8th Cir. 1979). Although Whitham Farms and the City of Longmont argue
that both of these situations are present here, the evidence does not support their argument. First,
while NARCO has indicated it has placed a low priority on further development,it has clearly
indicated it has not determined it will not develop the area further. And while NARCO offered
Whitham Farms the opportunity to buy out the lease, this does not indicate a decision to forego
further development. Rather,it indicates the contrary since NARCO has placed a value on the
future of its lease. Second, development has occurred on this tract as recent as 1997, even though
additional wells have not been drilled. Given that the surrounding tracts have even fewer wells,
a t'Other jurisdictions following this approach indude North Dakota,al Johnson v.Hamill 392 N.W.2d 55(ND. 1986),
Louisiana,Ace Goodrich v.Exxon Corp,, 642 F.Supp. 150(WD.La.1986)and Arkansas,See Nolan v.Thomas.309
S.W.2d 727(Ark 1958). Notably,Wyoming has rejected this approach.ace onat Exploration Co.v.Superior Oil Co. 710
P.2d 2212(Wyo.1985).
�.. Page S of 6
r.
^
Whitham Farms,LLC.and Life Bridge Christian Church,Plaintiffs, Case No.00 CV 950
vs
North American Resources Company,et al.,Defendants. Division 1
^
one for each 640 acres, and that all parties agree further development at this point in time would
be uneconomical, this Court finds the actions of NARCO reasonable.
In addition, the concerns raised by these other jurisdictions and by Whitham Farms and the
City of Longmont have been addressed by the Colorado Supreme Court in Clovis v. Pacific
Northwest Pip in , 345 P.2d 729 (Cob. 1959),where the Court held that drilling a productive
well within a pooled unit validates the lease as to lands lying outside the unit. In reaching this
conclusion,the Supreme Court noted that the lessors were protected by the implied covenant of
reasonable development to the extent they needed protection from the lessee holding onto the
lands outside the pooling unit for an unreasonable amount of time without developing the same.
lee id. at 555. While at first glance this seems to support Whitham Farms'argument that the
prudent operator test has been abandoned or modified in Colorado, to the extent this opinion can
be read this way it does so only for lands outside of a pooling unit. Here,all of the property in
question is within a single pooling unit.
Recognition of the pooling agreement is important because the intent of such an agreement
is to protect the operator's right to drill additional wells within the unit so long as one producing
well has been drilled. Such is the case here. While this Court would be more inclined to agree
with Whitham Farms and the City of Longmont that the inequities of keeping a lease for purely
speculative reasons may result in a relaxed application of the prudent operator test, this is not the
case with which to change existing Colorado law. Here,NARCO has acted reasonably in
developing the lands as recently as 1997 and has not ruled out the possibility of further
development should such development become profitable. Moreover, the parties are subject to a
pooling agreement that specifically provides that one well is sufficient to validate NARCO's lease
as to all of the lands within the unit. Under these circumstances, even were the law as Whitham
Farms and the City of Longmont assert it is, they would not be entitled to cancellation of the lease,
either in whole or in part. Simply stated,under either approach, they have failed to establish a
breach of the implied covenant of reasonable development.
III
ORDER
Based on the foregoing, IT IS HEREBY ORDERED:
Judgment is entered in favor of Defendants North American Resources Company,Taku
Resources LLC,Geronimo Energy Partners,LLC, SOCO Wattenberg Corporation,Barry L. Snyder
and Murray J. Herring and against Plaintiffs Whitham Farms and Life Bridge Christian Church and
Defendant the City of Longmont.
' .
Dated: April 30, 2002
atlliam L. W`+
District Court Judge
^ 'This order was filed electronically pursuant so Rile 121, 1-� .F ,¢ 6 The original signed order is lathe Cawt'ajle
Yage0 of
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