HomeMy WebLinkAbout20002540.tiff MEMORANDUM
cTO: Lee Morrison DATE: June 12, 2000
O
cownA FROM: Kim Ogle
SUBJECT: Carlson Farms Estates - Change of Zone
Lee,
The following information was received from Tom Honn, representative to Chuck Carlson pertaining
to conditions to be met prior to scheduling a Board of Commissioners hearing. I have enclosed his
letter and the supporting documentation.
Please note, at the Planning Commission hearing the following information was requested:
OG.Policy 1.1 of the Weld County Comprehensive Plan states "new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent
oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an
agreement with the properties mineral owners stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been made to n3tig
the concerns of the mineral owners. Evidence shall be submitted to the Weld County Attorney's Office for
review and approval. The plat shall be amended to include any possible future drilling sites. (Dept of
Planning Services)
Appropriate documentation from North Weld County Water District shall be provided that indicates not only
the taps are available, but that assurance of these connections has been made. The style of assurance may
take several forms, however pre-purchase of taps, line extension agreements,or another form of"participa°on
agreement" will be acceptable. The agreements shall be approved by the Weld County Attorney's Off ce.
(Dept. of Planning Services)
A Water Supply Information Summary shall be submitted to the Office of the State Engineer, Division of Water
Resources for their review. Office of the State Engineer response shall be submitted to the Department of
Planning Services'. (Dept. of Planning Services)
The applicant shall address the concerns of the Union Colony Fire / Rescue Department in a memo dat.^d
February 28, 2000,and provide evidence of approval to the Department of Planning Services. (Union Colony
Fire / Rescue Department, Dept. of Planning Services)
The applicant shall provide specific documentation regarding the proposed improvements, including, but not
limited to "...riding arenas, common boarding facilities and passive recreation facilities" as identified in the
application materials. Further, additional information is required for the circulation and parking of the livestock
trailers for this use within the PADS boundary's.
The applicant shall address the concerns of the Grail-Weld County Airport Authority in a letter dated March
31, 2000. Written evidence of a solution shall be provided to the Weld County Attorney's Office and the
Department of Planning Services for review and approval.
The applicant shall provide a complete and accurate topographical site survey for this property. —his
information shall be submitted to the Colorado Geologic Survey and to the Department of Planning Services
for review and comment.
The documents in my possession are attached. I also have a set of bluelines delineating the p
r
otect
SEP VICE,TEAMWORK,INTEGRITY,QWLLII'Y
2000-2540
Morrison Memorandum
12 June 2000
for staff review. How do you recommend we proceed given the information in hand? Schedule the
hearing and state he has not met the conditions outlined in the Planning Commissioners resc".ution?
Thank you for your comments and review of the information.
SER VICE,1EAM WORK,INTEGRITY,QUALITY
i 1 c : ::..
Professional Planning Consulting 160t Q:ro,[u.-.4/;-,c,
f F, ,rr., co xa�, :s
070 2234"- I
Thomas E Honn,AICP F-Mad:hoaa@,5i;. ,
May 18, 2000
O
Kim Ogle, Current Planner (%),,
Weld County Department of Planning Services
1555 N. 17`h Ave. �,
Greeley, CO 80631 n G '•%rt
Subject: Carlson Farms Estates Subdivision —Change of Zone Conditions Veoti
Dear Kim:
Enclosed please find attachments associated with the conditions require before
scheduling of Carlson Farms Estates before the County Commissioners. I have listed
below an outline of the conditions and comments associated nth each. Please notify me
if there are any further matters that need attention and let me know the date of the
Commissioners meeting.
Conditions
A. A copy of the Zoning Map is attached with a designation for Future oil
and gas activities within Out lot A. The intent is to permit the open
space tract to also permit resource activity such as oil and gas drilling
and production.
B. Attached is documentation from North Weld County Water District
documenting availability of water.
C. Water Supply Information Summary is attached.
D. Not Applicable as stated during the hearing
E. The Union Colony Fire/Rescue concerns are satisfied with installation
of fire hydrants as specified by the Department and coordinated with
NWCWD for volume and location; with placement of setback
standards for oil and gas facilities which are presently County
requirements; and with installation of sprinklers in the residences if
consistent with County Code standards for all property i.n the County
throughout the Union Colony Fire and Rescue Department boundary.
F. Common Facilities to be developed within Out lot A may include but
not limited to:
• Riding arena—An area of approximate dimensions 60 feet x180 feet
enclosed by a wooden or metal post and pole fence with a surface of
dirt. Uses may include exercise,jumping courses, roping practice, and
similar uses.
• Common Boarding Facilities- An area including a stable building
with paddock and exercise areas built to house no more than the
permitted number of animals as specified in the development guide
—Bridging the Development Process—
Any area with livestock concentration,such as a common boarding
facility will have a manure maintenance program which requires clean
out of all paddock and stalls daily with weekly distribution of the
manure to an approved site for composting or field application.
• Passive Recreation Facilities--The open space may create a pond and
natural area landscaped with grasses, shrubs and trees and may include
a boardwalk in the pond area; decks, gazebos and patio areas for
resident and neighborhood parties and get-togethers intended for the
quiet, passive use and enjoyment by the residents of the subdivision.
Parking of horse and stock trailers—Temporary parking of livestock
and related trailers and similar vehicles for no longer than 48 hours for
loading,and unloading livestock, feed and -imilar uses to permit access
to any equestrian exercise or riding facility. Any area intended for
parking,and loading will require gravel surfacing. Access to the
parking will be through Lot 1 as illustrated on the Final Plat.
G. The Weld County Airport concerns regarding residential uses in a
Critical Zone has been stated as follows: Avigational easements
granted to appropriate public agencies which recognize the existence
of the airport, the airport influence area and critical zone designation
and the attendant flight patterns.
H. The site plan has incorporated the most current available information
related to topography and shows the relationship of the topography to
the lots and building reservations.
I look forward to discussing any concerns with you to insure the best solution for the
County and Mr. Carlson.
'2
rely, /)
omas E. Honn, AICP
Enclosures
C: Chuck Carlson
—Bridging the Development Process—
•
SAMPLE
AVIGATION EASEMENT
hereb (Landowner) , hereinafter referred to as "Grantor"
y grants and conveys to (Airport Sponsor Municipality), hereinafter referred to as "Grantee" for good and
valuable
r
consideration paid by the Grantee to the Grantor, the receipt arid sufficiency
of which are hereby acknowledged, a perpetual and assignable easement in
and over the parcel of land described in Exhibit "A", attached hereto and by
this reference incorporated herein, hereinafter referred to as the "Real Prep_
erty, " for the free and unrestricted passage of aircraft of any and all kinds
now or hereafter developed for the purpose of transporting persons or prop-
erty through the air, in, through, across and about the airspace over the
Real Property above a plane as described and depicted in Exhibit "A" and
expressed in feet above mean sea level, as determined by U.S .GG. S . datum
coterminous with the boundaries of the Real Property (hereinafter referred to
as the "Airspace") .
Grantor further agrees that the easement and rights hereby granted to the
Grantee in and over the Real Property are for the purpose of insuring that
the Airspace shall remain free and clear for the flight of aircraft in landing
and taking off at or otherwise using the
irpo
described in Exhibit "B" attached hereto, and by this reference incorporated
herein, (hereinafter referred to as "Airport") . Said easement shall be for
the benefit of Grantee; its successors, assigns, guests, invitees, including
any and all persons,. firms or corporations operating aircraft to or from the
Airport. Said easement and the burden thereof, together with all things
which may be alleged to be incidental to or to result from the use and enjoy -
ment of said easement, shall constitute permanent burdens and servient tene-
ments on the Real Property and such burdens and tenements shall run with
the land and be binding upon and enforceable against all successors in nigh- ,
title or interest to said Real Property and shall be unlimited as to frequency .
Grantor agrees that it, its heirs, successors and assigns shall not hereafter
erect, or permit the erection or growth of any object within the airspace.
This easement grants the right of flight for the passage of aircraft in the
airspace, together with the right to cause or create, or permit or allow to be
caused or created in the airspace and within, above and adjacent to the Real
Property/ such annoyances as may be inherent in, or, may arise or occur from
or during the operation of aircraft.
WITNESS the hand of Grantor this day of 79
__(GRANTOR)
By:
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C 18 ,r,1....... :.,,....,,..„....._
nsF,:
I it
STATE OF COLORADO)
ss..
County of
•
On the
day of 19 , personally appeared before mo
, who being by me duly sworn,; did say that he is the
of , and that the foregoing intrument
was signed in behalf of said corporation by authority of a resolution of its
board of directors; and said person acknowledge to that said corporation
executed the same.
_(Notary Public, residing in (county) ,
Colorado
My Commission Expires:
C-19
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO E;0646
ROBERT ARNBRECHT
W.M. McKAY DON POSSELT, DISTRICT MANAGER
CHARLES ACHZIGER
RALPH PRIOR P.O. BOX 56 • PHONE (970)356-3020 • FAX (97 3) 395-09)7
c-mail: nwcwd@bwn net
May 15, 2000
Chuck Carlson
340 East C Street
Greeley, CO 80631
Re: Water Service Agreement Draft
Please review and comment as needed to the attached Water Service Agreement for Carlson Farm
Estates PUD. If you have any questions please call at 356-3020.
Sincerely,
Alan Overton
North Weld County Water District
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
_ , by and between the North Weld County Water District, acting by and through
the North Weld County Water District Enterprise (hereinafter "District"), and Chuck Carson,
the developer of Carlson Farms Estates PUD, (hereinafter "Developer").
RECITALS
WHEREAS, the District is a statutory special district formed under the Laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of
Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage and
distribution of potable water within Weld County and Larimer County, Colorado; and
• WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services for the Development known as Carlson Farm Estates PUD
and
WHEREAS, the Developer intends to develop more than three residential lots which
wii!I require dedication of raw water pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 1
WATER SUPPLY / FACILITIES
1 .1 The District agrees to furnish a customary supply of water for a total of ;tight
L8j residential water taps.
1 .2 The water to be furnished by the District shall be potable water. vthich
complies with the Federal Safe Drinking Water Act and any other applicable drinking water
regulations. No promise or guarantee of pressure is made by the District or is to be implied
from anything contained herein.
1
1 .3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water except for interruptions due to: (1) Uncontrollable Forces: (2)
Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water system,
which interruption or reductions are temporary, and in the opinion of the District necessary.
1.4 The District shall install and own a meter vault at each individual lot
ARTICLE 2
COSTS AND EXPENSES
2.1 The Developer shall pay the full portion of the construction of water lines
within the development that will serve the individual taps. The District must approve
engineering and construction of water lines. Once the District has approved the water
line construction the District will conditionally accept the water lines by issuance of a
"Certificate of Substantial Completion" (see Exhibit A). One year after conditional
acceptance of the water lines, subject to final approval by the District, Developer shat
dedicate ownership of the water lines to the District. The Developer may use the
Districts existing water lines to serve the individual taps, if the District determines in is
sole discretion, that the water line may be accessed and has available capacity and
pressure to serve the Development.
2.2 The District may be constructing substantial offsite infrastructure
enhancements. A portion of these enhancements will be attributable to the
Development and an Infrastructure Enhancement Fee will be charged to the Developer.
Full payment of said Fee by the Developer shall be made prior to commencement cf
construction of water lines that will serve the Development or prior to the issuance o`
any residential building permit(see Exhibit "B").
2.3 The Developer shall also be required to pay the Plant Investment Fee
portion of the "Tap Fee" which shall be determined by the number of lots within the
development times the Plant Investment Fee then in effect. Said payment shall be El
lump sum paid to the District prior to commencement of construction of water lines that
will serve the Development. The plant investment fees are applied to each lot in the
development and are non-refundable.
2.4 Developer shall provide, dedicate and convey to District, eight (8) units of
Colorado Big Thompson Project water or two (2) shares of the capital stock of The
North Poudre Irrigation company, being the "Raw Water Requirement" for this
Development as determined by the District being the amount of untreated water
necessary to service the Development. The transfer and conveyance of the Raw Water
2
Requirement must be finalized before water shall be supplied to the development, but
not later than three hundred sixty five (365) days from the date of this Agreement. —he
transfer and conveyance must result in the District having full ownership or rights to the
raw water and subject to no liens or encumbrances of any type. In the event the raw
water transfer or conveyance has not been accomplished within said days, this
Agreement shall be null and void and the District shall have no obligations or
requirements of any type hereunder. The transfer and conveyance of the Raw Water
Requirement is a condition precedent to the District being required to proceed under
this Agreement.
2.5 The Developer shall provide the District with security to secure the
installation and warranty of water lines for the Development during the one-year
conditional acceptance period. Said security (the Warranty Security) shall cover 25 Y of
all costs for construction of said water lines. The security shall be released, at the
expiration of the one-year warranty period and upon full acceptance of the water lines
by the District. The type of security to be accepted shall be at the sole discretion of the
District which will normally be a letter of credit, certificate of deposit, or bond.
2.6 During the one-year warranty period the Developer will be responsible f
any repairs or maintenance of the Development water line improvements. All sL,ch
repairs and/or maintenance shall be in accordance with the District policies and
engineering standards and shall be reviewed and approved by the District prior to a v
repairs or maintenance being effected except in emergency situations.
2.7 Prior to water service being provided at pr for any lot, the lot owner shill
be required to complete the District's tap application form and pay any remaining costs,
expenses and fees, if required. in accordance with the policies and procedures of the
District at the time of any tap application.
ARTICLE 3
EASEMENT AND RIGHT-OF-WAY
3.1 As additional consideration for t 4s.Water Service Agreement, D veto-per
agrees to sign and execute the attached form Easement and Right of Way Agresm<>nt
{Exhibit "C") with the specific locations, widths, size of pipelines) and doecriptio n-s-te be
determined all of which shall be satisfactory to the District; at its solo discretion. This
Agreement is conditional upon execution and recording of the Easement and Right at-
Way Agreement, and until such Easement and Righ of-Way Agreement is finalized
the satisfaction of the District and-recorded, District shall not be required to provide my
services of any type.
3.2 44-addition tooxccution of the attached Easement and Right of V./.3,
Agreement, any ,.
3
provide and indicate the location of the easements and rights of way as provided-w this
Agreement. Said plane-end plats must be approved by the District prior to any fno
approval by any governmrntat-authority.
ARTICLE 4
TERM
4.1 This Agreement shall be subject to the approval by Weld County of the
final plat of the Development or the withdrawal of the Development presently being
processed for consideration of approval by Weld County. If this Agreement is
terminated due to these reasons, the terms and conditions of this Agreement shall tC
considered null and void.
4.2 This Agreement cannot be assigned by the Developer without the exp-ess
written approval of the District.
4.3 This Agreement shall inure to and be binding upon the parties hereto r.nd
their heirs, executors, personal representatives, successors and assigns.
4
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above w'itten.
" Developer"
Attest: NORTH WELD COUNTY WATER DISTRICT
Secretary President
"District" "District"
STATE OF COLORADO)
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me :his day of , 20 _
by as Develo:.er.
WITNESS by hand and ofbc:a. seal.
My commission expires:
Notary Public
STATE OF COLORADO)
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me This day of , 20
by as Secretary of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires:
Notary Public
5
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO:
(OVVNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:
PROJECT SHALL INCLUDE: LOCATION:
OWNER:
DEVELOPER:
CONTRACT DATE:
The work performed under this contract has been inspected by authorized representatives of the Dist'ir.t,
Developer, Contractor, and the Engineer and the project (or specified part of the project, as indicated
above) is hereby declared to be substantially completed on the above date.
A 'entatice list of items to be completed or corrected is appended hen:id. This Hsi may not bo ts• ar,: ',I
and the failure to include an item on it does not alter the responsibility of the Contractor/Developer to
complete all the Work in accordance with the Contract Documents.
The Developer accepts the above Certificate of Substantial Completion and agrees to complete and
correct the items on the tentative list within the time indicated.
By:
Developer Authorized Representative Date
The District accepts the project or specified area of the project as substantially complete and will assume
full possession of the project or specified area of the project at 12:01 a.m., on
The responsibility for security shall be as set forth under `Remarks" below.
North Weld County Water District By:
District/ Owner Authorized Representative Date
Remarks:
6
EXHIBIT B
INFRASTRUCTURE ENHANCEMENT FEE
• Installation of 4" — 5,280 feet = $52,800
• 2 Road Bores — 80 feet = $6,000
$58,800 Total
7
Front: LEE Morrison
To: kogle
Date: 7/26/00 4 : 13pm
Subject: carlson farms
Carlson Farms
1 A The applicant has submitted a plat indicating an outlot is available
for oil and gas accommodation. The practice of the Board has been to requeet
documentation of an agreement with the owners and operators of the oil and c,as
interests and then, if no agreement has been reached, to consider evidence
from the applicant that the designation of an area for future drill si?e:t ie a
reasonable accommodation to the mineral owner based capon the regulatory
spacing, the geology and any preexisting mineral leases, deeds or other
agreements . To date, 1 have not seen sufficient evidence of the
reasonableness of the accommodation to the mineral estate .
1 B The proposed agreement for water, when executed appears to be
sufficient. This is not a large scale development and. the agreement:
addresses, the amount of water dedication, plant investment fees,
infrastructure enhancement fee to address the developers share of the oft-s_ te
improvements, warranty of the lines within the development and security for
that warranty, and is contingent on final approval by Weld County.
1 G The proposed avigation easement addresses. both a physical limit
2.
on intrusion into airspace and the annoyance inherent in aircraft operation,.
but emphasizes the physical intrusion and not the nu . sance aspect . . 1 have
attached a more detailed version of such an easement that the applicanr -ray
wish to consider. In particular it addresses any concern the airport might
have if noise contours should change in the future to affect the property
Lee D. Morrison
Assistant Weld County Attorney
CC: bbarker
2 .
sari,.
GRANT OF AVIGATION EASEMENT .
The landowner ["Grant-ur" ' ,
hereby grants and conveys the Greeley - Weld County Airpoan
Authority, ( "Grantee" ) , a municipal corporation within the Couni ,b
of Weld of the State of Colorado, provides that :
1 . The Grantor for good and valuable consideration, does haren /
grant to the Grantee, its successors and assigns, a perpetual aai
assignable easement in and over that certain parcel nl reyL
property (the "Parcel" ' more particularly identified aol
described in Exhibit "A" attached to and made a part of th _ a
instrument, and a right-of-way for the free and unrestrican1
passage and flight of aircraft of the class, size and catecary a3
is now or hereinafter may be operationall', compatible with. fl )
Greeley-Weld County Airport, in, ehrough, across and about
airspace above an imaginary plane, as such plane is defined di
Part 77 of the Federal Aviation Regulations, over said Parcel , ) >
described below (the "Airspace" ) .
2 . The Airspace for avigation easement purposes above sail
Parcel consists of all of the air space above the imaginary oian �
that is described by Part 77 of the Federal Aviation Regulations .
3 . The easement and right-of-way described. in Paragraphs 1 ail
2 includes but is not limited to :
a . For the use and benefit of the public, the easement and
continuing right tc fly, or cause or permit the flight by E[I ' and
all persons or aircraft , of the class, size and category as is
now or hereinafter may be operationally compatible wits tee
Greeley-Weld County Airport, in, through, across or about eiy
portion of the Airspace described above; and
b. The easement and right to cause or create, or permit cr
allow to be caused or created within the 'airspace, such rcira ,
dust, turbulence, vibration, illumination, air currents, t"um=_ .a ,
exhaust, smoke and all other effects as may be inherent ii: the
proper operation of aircraft, now known or hereafter used at
navigation of or flight in air and speci`ically including the
possibility that the no `_se that the proper-.y may, at some pofrt
in time, become subject noise in excess of the 65 LDN, re>_ inLm
acceptable level set by the Federal Department of Housing r . _
Urban Development ; and
c . The continuing and perpetual right to clear and keep clear
the Airspace of any portions of build,. ngs, structures , fr
improvements of any and all kinds, and of trees, vegetation., cr
other objects, including the right to remove or demolish these
portions of such buildings, structures, improvements, trees cr
any other objects which extend into said A rspace and the ri_gun
to cut to the ground level and remove any trees which extern ins )
the Airspace; and
d. The right to mark and light , or cause or require to uo
marked or lighted, as obstructions to air navigation, any an a_ _
buildings, structures, or other improvements, and trees or ethic
objects now upon, or that in the future may be upon, said Parce . ,
and which extend into the Airspace; and
e. The right of ingress to, passage within, and egress fJaJ
said Parcel, solely for the above stated purposes .
4 . Grantor, on behalf of itself, its successors and assigns
hereby covenants with the Grantee, Greeley-Weld County Aarro ra ,
as follows :
a . Grantor, its successors and assigns, will not construe-. ,
install, permit or allow any building, structure, improve71enn ,
tree, or other object on said Parcel, to extend into rids
Airspace, or to constitute an obstruction no ai/ navigation, , _
tc obstruct or interfere with the use of the easement and righn -
of-way herein granted; and
b. Grantor, its successors and assigns, will not use or p_ rnit
the use of the Parcel in such a manner as tc create electronni ,_
electronic interference with radio communication or Jacar
operation between any installation upon the Greeley-Weld Curt /
Airport and any aircraft .
5 . The easement and right-of-way herein granted shall be deened
both appurtenant to and for the direct benefit of that real
property which now or hereinafter constitutes the Greeley-Weil
County Airport, and shall further be deemed in gross, r,ei_;1
conveyed to the Grantee for the benefit of the Grantee, and any
and all members of the general pubLic who may use said easement
or right-of- way, taking off from, landing upon, or operating
such aircraft in or about the Greeley-Weld County Airport, : r in
otherwise flying through said Airspace .
6. This grant of avigation easement shall not operate to
deprive the Grantor, its successors or assigns, of any rigtts
that it may otherwise have from time no time againaa cry
individual or private operator for negligent or uiiiawtnl
operation cf aircraft .
7 . It is understood and agreed that these covenants z : d
agreements run with the land and shall be binding upon the heirs,
r.
representatives, administrators, executives, successor, , sod
assigns of the Grantor, and that for the purposes of ttis
instrument, the Parcel shall be the servient easement and tte
Greeley-Weld County Airport shall be the don-inant tenement .
8 . The avigati.on easement, covenants and agreements dearrib_rt
herein shall continue in effect until the Greeley-Weld C :ur: _ /
Airport shall be abandoned or shah] cease to be used for p ,b1L ,
airport purpose, at which time it shall terminate .
Grantor
State of Colorado } ss .
}
County of Weld
The foregoing instrument was acknowledged
before me this day of , 2C00,
by
Witness my hand and official seal .
My commission expires :
Notary Public
ACCEPTANCE
The Greeley Weld County Airport, a body corporate and politic of the State of Colorado.
by and through the: Greeley Weld County Airport Authority Board, hereby accepts the above
grant of avigation easement
Dated this day of , 20
CHUCK CARLSON
Weld c°otantY Planning DePt, 340 EAST C STREET
GREELEY, CO 80631
SFP 13 2000
RECEIVED September 12, 2000
Weld County Planning Commission
Re: Oil Lease
N '/2 of 40 acres in E 80 acres of
the NW 1/4 Sec 4, T 5, R 65 of
Weld County
I have tried to locate the owner of the oil lease on the above referenced parcel of land.
Southwestern Production Corporation from Denver, thought they had it leased. I showed them a
milar of our proposed development and pointed out where an oil well should be drilled and they
had no problem with that point. It is located on the south border almost straight south of the li it:
between lots 3 and 4.
Southwestern was ready to write a letter stating that this site would be fine, but when they
investigated the situation they discovered that they didn't own the lease on the north 40 acres.
They said this was highly unusual but they had no record of lease.
Farris Oil had the lease in 1985. In checking the records, Farris Oil sold the lease to R
& A Resources in 1993 and they put it into an arm of theirs called "Deep Sand". In 1996 it was
sold to a company called "Toria Dor". This is where it just disappeared and I can't find out any
more about it. I checked with the County and they don't have any further records on it either.
So apparently this parcel must not be leased.
Sincerely,
C/j/-
Chuck Carlson
Cliff Behring
19755 County Road 66
Greeley, CO 80631
Per a phone conversation on May 3, 2000, at 11:30 a.m., Cliff Behring stated he is opposed to
the Change of Zone#541 for Carlson Farms Estates. He expressed concern with the
placement of a subdivision at the end of the airport east/west runway. He stated this is a
dangerous location, and the proposal should not be approved based on the applicant's current
political position.
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t(-c• MEMORANDUM
WinkTO: The Board of County Commissioners DATE: March 14, 2001
Wi`P�. FROM: Kim Ogle, Planner II PP•
COLORADO
SUBJECT: John and Charlotte Carlson
Carlson Farms Estates
Change of Zone - Case Number Z-541
Setting a Hearing Date for Z- 541
On November 15, 2000, the applicants representative, Tom Honn at the request of the applicant,
John Carlson withdrew the pending application at the Board of County Commissioners hearing for
a Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for seven (7) lots with E (Estate)Zone uses, to March 14, 2001, to set a hearing date.
To date the applicant has not resubmitted his application for review by staff. Further, as no
application is presently in hand, the Department of Planning Services is requesting to either set a
hearing date on May 16, 2001 or to refer the entire case back to Planning.
The applicant and applicant's representative are present to discuss this issue.
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2. EXHIBIT
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
Ast*I6 MEMORANDUM
Wc TO: Board of County Commissioners DATE: May 10, 2001
COLORADO' FROM: Kim Ogle, Planner up •
SUBJECT: Carlson Farms Estates, Change of Zone Z 541
Setting a hearing date before this Board
On November 15, 2000 the applicant's representative, Mr. Tom Honn at the request of the
applicant Mr. J. Charles Carlson withdrew the pending application at the Board of County
Commissioners hearing for a Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone district for seven (7) lots with E (Estate) Zone uses.
At this hearing, the Board of County Commissioners determined that the applicant may
resubmit a new Change of Zone application without first returning to the Sketch Plan stage of
the application process for this proposed Commercial Planned Unit Development. The Board
set a date of March 14, 2001 for determining a new hearing date for the case to be heard.
At the March 14, 2001 hearing, staff stated that the applicant had not submitted any
documentation, including an application for the Change of Zone for review by the Department of
Planning Services. The applicant's representative requested and staff concurred to set a new
hearing date of May 16, 2001 for determining a new hearing date for the case to be heard by
the Board.
As of May 10, 2001 the Department of Planning Services does not have a valid application in
hand to begin processing. Given the history of this case and the current situation, the
Department of Planning Services requests that the entire case be sent back to Planning for
review and processing.
The Department of Planning Services also requests the applicant to adhere to the requirements
of the Weld County Code when submitting the application for the Change of Zone.
(J. EXHIBIT
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