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Home My WebLink About861031.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) FOR SUPER VALU STORES , INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 29th day of October , 1986 , at 2 : 00 p.m. for the purpose of hearing the application of Super Valu Stores , Inc. , 11840 Valley View Road, Eden Prairie, Minnesota 55344 , requesting a Change of Zone from A (Agricultural) to P.U.D (Planned Unit Development) for a parcel of land located on the following described real estate, to-wit: Part of the S? SWa, Section 35 , Township 1 North, Range 68 West of the 6th P.M. , Weld • County, Colorado WHEREAS , Section 28 . 4. 1 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission , and , having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 28. 5. 2 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28 . 4 . 1 of the Weld County Zoning Ordinance as follows: I. The proposal is consistent with the Weld County Comprehensive Plan . The plan states on page 61 that commercial development would only be encouraged if the developer can show that the proposal cannot reasonably be located in an urban area. The applicant has demonstrated in the application materials that the nearest urban areas of Erie and the Tri-Area are unacceptable due to the undermining in those areas . The property size requirement of approximately 60 acres and the required truck transportation for this proposal makes it impractical and unprofitable to locate in an urban area. 861031 Page 2 RE: COZ - SUPER VALU STORES , INC. II. The application materials demonstrate that the uses which would be allowed under the proposed Planned Unit Development plan on the property conform to the performance standards of the Planned Unit Development District, as stated in Section 35 . 3 of the Weld County Zoning Ordinance. a. This proposal is for a single owner and user of a warehouse facility with oil and gas production facilities as a use by right. b. Open space within the Planned Unit Development is accommodated by the undeveloped areas being landscaped with natural native grasses and shrubs. c. Central Weld County Water District has made a commitment to service the subject development. The city of Northglenn has submitted a letter of intent to provide sewer services to the site. d. Internal traffic circulation is proposed to serve a single warehouse user from a single access to the I-25 Frontage Road. There is one access from Weld County Road 2 which will be strictly for emergency use and oil and gas production facilities. e. The Planned Unit Development District uses will be a single warehouse user and the oil and gas production facilities, which will be compatible with one another. f. The landscaping will be similar to and blend in with the surrounding environment, therefore providing a buffer to surrounding properties and ensuring that the appearance will be harmonious to the surrounding uses . g. The Planned Unit Development District is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the site. 861031 Page 3 RE: COZ - SUPER VALU STORES, INC. h. According to the United States Department of Agriculture Soil Conservation Service map, the soil on the property is classified as 40-Nunn Loam with fair to poor potential for urban development. III. The application materials demonstrate that the use which would be allowed under the proposed Planned Unit Development will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of the affected municipalities. a. The subject property is not designated as part of a municipality' s growth area according to the Weld County Future Land Use map (1973) . However, given the site' s proximity to I-25 and the Planned Unit Development' s proposed density, the plan appears to be suited to the area . Future development of the area will not be adversely affected by this proposal . IV. Street and highway facilities providing access to the property appear adequate in size to meet the requirements of the Planned Unit Development District. a. The application indicates a single access from the I-25 Frontage Road. The applicant will be required to provide additional right-of-way to Weld County and right-of-way reservation to the State of Colorado to ensure that the street and highway facilities are adequate for the proposed site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Super Valu Stores , Inc. for a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) on the above referenced parcel of land be , and hereby is , granted subject to the following conditions: 1 . The City of Northglenn intends to provide the sewer service to the site . In the event the city is unable to serve the Planned Unit Development site , the site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. 861031 Page 4 RE: COZ - SUPER VALU STORES, INC. The septic system shall be installed consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. 2 . The Central Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided consistent with the requirements of Section 8-10 of the Weld County Subdivision Regulations , pursuant to the Public Water Supply Systems and Fire Safety Requirements. 3. The applicant or property owner shall provide and maintain all internal roads and open space within the Planned Unit Development District. 4 . The applicant or property owner shall provide Weld County with the following additional right-of-way dedication: a. An additional twenty foot right-of-way along the north side of Weld County Road 2 . 5 . Access onto Weld County Road 2 shall be strictly for oil and gas production use and emergency use. 6 . Conditions 1 through 5 , as stated above, shall appear as notes on the Planned Unit Development District plat. 7. Prior to recording, the Planned Unit Development District plat shall be amended to reflect the following: a. An additional twenty foot dedicated right-of-way to Weld County. b. A right-of-way reservation to the State of Colorado for the property west of the existing fence line along the western side of the property. 861031 Page 5 RE: COZ - SUPER VALU STORES, INC. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 29th day of October, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: dl �s � ` . WELD COUNTY, COLORADO Weld County C1'erk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Jacquelifhe b son j Chairman /',l BY: 0/441-4A, Go . Lac P- -Tem Deputy ,county k jig/ O APPROVED AS TO FORM: ene R. Bran per"1-416C>1- C.W. y County Attorney ( /`2�� /720-il t�lh,/i2 Fra`hk'Yamaatchi/ 861031 HEARING CERTIFICATION DOCKET NO. 86-45 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) - SUPER VALU STORES, INC. A public hearing was conducted on October 29, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated September 22, 1986, and duly published September 25, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request from Super Valu Stores, Inc. for a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) . Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche read the favorable recommendation of the Planning Commission into the record, subject to seven conditions. Steve Frayser, of Greeley Economic Development Action Partnership, acting on behalf of Super Valu Stores, Inc. , came forward and gave background information concerning this request and the benefits if this Change of Zone is approved. Rick Zoubovitch, Development Manager for Super Valu Stores, Inc. in Denver, also came forward and presented information. Jim Slinger, of Super Valu's main office, discussed three diagrams: 1) A Final PUD Plat site plan description; 2) Characteristics of the structure from northerly and southerly directions; and 3) Characteristics of the structure from the easterly and westerly directions. Those coming forward to speak in favor of this request were: Dennis Hiatt; Bill Myer; Clay Carlson, representing Frank Wilcox, property owner; and Eric Torgersen, of Amoco Production Company, who stressed the oil and gas rights of Amoco. Commissioner Brantner moved to approve the Change of Zone requested by Super Valu Stores, Inc. based upon the recommendation of the Planning Commission. Commissioner Kirby seconded the motion, which carried unanimously. This Certification was approved on the 3rd day of November, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: jVktij t •' WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL and Clerk to the Bo d Jacquelin{ Jp ai C9hhirman By: � -744 - 7 — Deputy/minty -el Go cy, ro- m Gene R. Brantner TAPE #86-72 /1"/a/7 DOCKET #86-45 C.W. by PL0060 % /1 Frank Yamaguch ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET #86-45 - COZ , A TO P.U.D. , SUPER VALU STORES , INC. DOCKET #86-56 - FINAL P.U.D. PLAN, SUPER VALU STORES , INC. DOCKET # NAME ADDRESS HEARING ATTENDING c-sy>g o t 'SE' /6,,; . i;zi/�/j Oiiux� ' S*'t7'--£ 4t E,� i s/'t7 ft,),07 Jar! c ( G"✓.L �N Y4� 7 s=ue Y / e 3-'6S-- -7-1-,,0A-74,c, /0 ,.sc/ 1-4 . ---S-4-,-.0144-- ..l.�L'�:��C�7 <3 2a-n e;f`x 'a'" % �)�' ;S L 's' 6.1d-re G.!- '/ J� -s "✓'w�rl�C /1f ,:3L //0-60 7 ;44 10. `61- Sr . &ctc977- �cein1 `.://�E,P, Att-t QJ(� CIi vt SUr. i t icib (1 9re. C NbMv lath Cutt Vitt' Wi t n JJ I kk/Lid Zjwcv�tcb L(( lc) ' '2 0L && Dw,Ua/ 5c co i/// 4 , NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held iu the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-45 Super Valu Stores, Inc. 11840 Valley View Road Eden Prairie, MN 55344 DATE: October 29, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si SW}, Section 35, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 22, 1986 PUBLISHED: September 25, 1986, in the Johnstown Breeze AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO l l ss COUNTY OF WELD 1 I, Clyde Briggs, do solemnly swear that I NOTICE am publisher of The Johnstown Breeze; Pursuant to the zoning laws of that the same is a weekly newspaper the State of Colorado and the- printed, in whole or in part, and published Weld publicuhearing wi Ordinance, held`n in the County of Weld, State of Colorado, the Chambers of the Board of and has a general circulation therein; that County Commissioners of Weld County, Colorado, Weld County said newspaper has been published Centennial Center, 915 loth continuously and uninterruptedly in said Street, F Floor, Greeley, County of Weld for a period of more Than A pe at In time Specified. All persons h any manner interested in the following pro- fifty-two consecutive weeks prior to the posed Change of Zone are first publication of the annexed legal notice requested to attend and may be hard or advertisement; that said newspaper has Should the applicant or any been admitted to the United States mails as interested party desire the second-class matter under the provisions of presence of a court reporter to make a record of tire proceed- the Act of March 3, 1879, or any Ines, in addition to the taped amendments thereof, and that said record which 'All be kept during newspaper is a weekly newspaper duly the. annp-,:.the Clerk to the .r Bower*Office can be contacted re qualified for publishing legal notices and -for list of court reporters In the t advertisements within the meaning.of the area If a ourt reporter Ia.l,:- obtainedthetFlerktotheBoares - laws of the State of Colorado. Office shall on,at least ast in fie days That the annexed legal notice or advertise- of such action, eye days advertise- Ow tea-tcourt r The coat shall men) was published in the regular and engaging a court reporter shall be borne by the requeetlrg parry. entire issue of every number of said weekly BE IT ALSO KNOWN that the text and maps so certified by the newspaper for the period of .1.. consecu- Weld County Planning Commis- tive insertions; and that the first sten may be examined in the publication of said notice was in the issue of office of the Gene to the Board of County•Commissioners, located said newspaper dated qt.-257 A.D. Ib41.6, In-the Weld County Centennial Center, 915 19th Street, Third and that the last publication of said notice Floor, Greeley, Coetprtld was in the issue of said newspaper dated APPLICANT A.D. 19 Super Valu 11840 Stored a In witness whereof I have h -cunt() set Eden Prairie, Vi w 5d Valley 4d MN55344 my hand this ...2.6 day of V DOCKET NO.,86-45 A.D. 19..6 DATE: October 29, 1986 /! S TIME: 2:00 P.M. ��0/-i f/t/ "/{'/.[/ REQUEST:Change of Zone from / ��/ ) Publisher A(Agricultural)to P.U.D.(Planned Unit Development) LEGAL DESCRIPTION: Part of the Sn SWy.,Section 35, Town- Subscribed and sworn to before me, a ship 1 North, Range 68 West of.Weld County the 6th P.M., Notary Public in and for the County of , ColoradoWel State of Colors � /p, this ‘.. day of BOARD OF COUNTY .-G�::� A.D. 16+... COMMISSIONERS WELD COUNTY, COLORADO /7 y .—/ /�/J�',.�/O BY: MARY ANN ^Gay 2:.4..4,.. .�4c: -'>t e-c— FEUERSTEIN !/!/ Notary Pubhr'. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy My commission expires DATED: September 22, 1986 " h- PUBLISHED: September 25, 1986, in the Johnstown Breeze johnttct^.. c. "t4 AFFIDAVIT OF PUBLICATION • State of Colorado County of Boulder I, Ruth G. Lehman ,do NOTICE solemnly swear that the LONGMONT DAILY TIMES CALL is a Pursuant to the zoning laws of the State of Colo- rado and the Weld County Zoning Ordinance, public hearing will be held in the Chambers of the daily newspaper printed, in whole or in part, and published in Board of county Commissioners of Weld County, Cthe City of Longmont, County of Boulder, State of Colorado, and ion.Street-First Weld Floor,Gree ey;unty Centennial at the time specified.All persons.in any manner which has general circulation therein and in parts of Boulder and ested Inthe(following p otposed Change of lZone are reqested to attend and may be heard.. Weld Counties; that said newspaper has been continuously and Should the applkant or any interested party de- sirennln}eIIll uninterruptedly period the presence of a court reporter to make a p y published for a of more than six months record of the proceedings,in addition to the taped recornext prior to the first publication of the annexed legal notice of Clerk to the 9wrld'soficduring can be the fora advertisement, that said newspaper has been admitted to the porter is court obtained,the -in the area. If a court re- advertisement, ll eadvieinwrClerkf such action at feat shallayaprior heagnf.Theooetlgag- United States mails as second-class matter under the provisions five days prior torthe hearing.be b.The bycost or engag- ing request- of the the Act of March 3, 1879, or any amendments thereof, and that ing party. BE reporter shall be borne the BE IT ALSO KNOWN that the text and maps so said newspaper is a daily newspaper duly qualified for certified by the Weld County Planning Commis- sion may be examined in the office of the Clerk to publishing legal notices and advertisements within the meaning the Board of'County Commissioners, located 1n the Weld County Centennial Center, 915 10th of the laws of the State of Colorado;that a copy of each number of Street,Third Floor,Greeley,Colorado. DOCKET NO.16-45 said newspaper, in which said notice of advertisement was - APPLICANT Super Valu Stores, Inc. published, was transmitted by mail or carrier to each of the 11840 valley View Road Eden Prairie,MN 55344 subscribers of said newspaper, according to the accustomed DATE:October 29,1986 TIME:2:00 P.M. mode of business in this office. REQUEST: Change of Zone from A (Agricultu- ral)to P.U.D. (Planned Unit Development) . LEGAL DESCRIPTION: Part of the 51/2 SW4, That the annexed legal notice or advertisement was published Seec io P.M.,5,Township wn ou North,Co Rage 68 West of BOARD OF COUNTY OF COMMISSIONERS in the regular and entire edition of said daily newspaper once; WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER and that one publication of said notice was in the issue of said AND CLERK TO THE BOARD BY:Mary Reiff,Deputy DATED: September 22,1986 newspaper dated October 15 , 1966 . Published In the Daily Times Call, Longmont, Colo.Oct.15,1986. ia 6 ,/_ -, Associate Editor Berger Subscribed and sworn to before me this 15th day of October x,19 86 ry Public • tome,. My Commission Exp►� October 6, 1984 FEE$ 2 4 . 0 0 Au 717 • 4th Avenue eu� Longmont a Colorado 80501 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-45 Frank E. Wilcox (Clay Carlson, authorized agent) 4185 Weld County Road 2 Erie, Colorado 80516 DATE: August 20, 1986 TIME: 2:00 P.M. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application, or that there is newly discovered evidence for a Change of Zone which was denied by the Board of County Commissioners on July 23, 1986. LEGAL DESCRIPTION: Part of the Si SW} , Section 35, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: August 6, 1986 PUBLISHED: August 7, 1986, in the Johnstown r,r. EXHIBIT INVENTORY CONTROL SHEET /17/• �/ �r. -tom'. ' i'v: /c Exhibit Submitted By Exhibit Description , 0 . / - . / ,-. r %, /./:., . -.a. A. _ i• .:i' -77.?-v. ;;c'ft,.. n ,. B. t ..,...„.. -c'G'.. ..:i'. ./' / -l'_ :. -' . 7/ D. <%i1. ,�•.. `{ '!.' . ( ... _: /..'-'-i2 : . i - r,.. r' c/ j; /7/ / 4,72,74,74(' ' d„--41"; /4/ /_,,, H. -f ira�rlit' ( Z/97"eld XI -'21-Z-c /2"-G' � �� ` /D Z I. . ..-Z-42.14,77/7 Le2-7. --'v:!:,.0._,c-7-z• --,47.57,1:-V/y 7/_.----/ect-'22-2›,-- I il 7 l '6 J. L/111 1.'14...CA • K. L. M. N. 0. - ' a • . INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number Z, V3/ 1216/400 Submitted or Prepared Prior , / to Hearing ar At Hearing 1. Application r—) Pages �/ 2. (c) Application plat(s) 2_ page(s) 3. DPS Referral summary Sheet 4. PPS Recommendation 5. ' DPS Surrounding Propery Owner Mailing List /� 6. DPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 7/29. DPS Case Summary Sheet 10. DPS Field Check 11. 54< -p Lan... C_lp V 12. 7n_to 2tt tun? e c)c. I , G7 t- L-yzy L/-- 13. gosbL AD 4412-- Z,04,6_4_, kt.ate da 49--e.2 7462 14'07.09n-y &yi S ,-te f7 '2,;/! L9-Al' f oe-et trr . A, y /916 15.E atIA. jJI ii` i 16. NN ( ` I , 7i iT- 11-Bo . 17. �, L 6ulril 9,u cvv . U'18. d_ I S ~FLO 19. ≥ R �wv,� C vh±rt0J Lo -d1 e dull i/ d1. M_LIVIA-0 m wc/�N-4-o.- p i0 1 b HJito 1------ I hereby certify that thecQ In items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify thAt these items weer . forwarded to the Clerk to the Board's office on �as ..9q K ayo I‘ C�, 015 11 ,, ,p?ri, O arrant Planner c 13\1Y4-0-2 of o, t etYLD STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Z4 'DAY OF Oclaule 19 9c . SEAL O.1, c NOTARY PUBLIC My Commission Expires May 27, 1989 .l MY COMMISSION ETPIRFS , . . __-_____ . DATE: August 27 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 29th day of October, 1986 , at 2 : 00 P.M. Docket No. 86-45 - CO2 , A (Agricultural) to P.U.D. (Planned Unit Development) - Frank E. Wilcox (Clay Carlson, authorized agent) Docket No. 86-56 - Final PUD Plan - Frank E. Wilcox (Clay Carlson , authorized agent) OFFICE OF THE CL K TO THE BOARD BY: ay Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • R`" 'i Riau n WEII CRUNTY CryM.Mi,S�R4;eRS 11990 Grant St., Suite 100 Q ` 1; Denver, Colorado 80233 r,�: 91986 303457-296€ ., pUG 1 GREELEY• COLD. August 19, 1986 Weld County Board of Commissioners Jacqueline Johnson, Chairman 915 10th Street Greeley, CO 80631 RE: WILCOX REZONING Board of Commissioners, We would respectively request a rescheduling of the hearing for the Wilcox rezoning from Agriculture to P.U.D. from September 24, 1986, to October 29, 1986. This request is needed due to uncontrolable and unforseen circumstances placed upon the future user of the property. Sincerely, Frank E. ilcox Clay Carlson, Attorney in Fact CC/md ofE i,UG 19 1986 Weld Co.plennint Cewtaissioo BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: Tip;" rn'iN7 rn.. rr '' CASE NUMBER: Z-431:86:6 NAME: Super Valu Stores, Inc. OCT 2 41986 . /30 ,2-, ADDRESS: 11840 Valley View Road, Eden Prairie, MN 55344t " REQUEST: Change of Zone from A (Agricultural) to Pp (Planned Unit Development) LEGAL DESCRIPTION: Part of Si SWI of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Over 3 miles east of the Town of Erie; adjacent and north of Weld County Road 2 be recommended favorable to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with application requirements of Section 28.5.2 of the Weld County Zoning Ordinance. The rezoning request is in conformance with Section 28.3. 1 of the Weld County Zoning Ordinance as follows: I. The proposal is consistent with the Weld County Comprehensive Plan. The plan states on page 61 that commercial development would only be encouraged if the developer can show that the proposal cannot reasonably be located in an urban area. The applicant has demonstrated in the application materials that the nearest urban areas of Erie and the Tri-Area are unacceptable due to the undermining in those areas. The property size requirement of approximately 60 acres and the required truck transportation for this proposal makes it impractical and unprofitable to locate in an urban area. II. The application materials demonstrate that the uses which would be allowed under the proposed Planned Unit Development plan on the property conforms to the performance standards of the Planned Unit Development District, as stated in Section 35.3 of the Weld County Zoning Ordinance. - This proposal is for a single owner and user of a warehouse facility with oil and gas production facilities as a use by right. ixtf/8/7 !✓ . . Z-431:86:6 Super Valu Stores, Inc. October 21, 1986 Page 2 - Open space within the Planned Unit Development is accommodated by the undeveloped areas being landscaped with natural native grasses and shrubs. - Central Weld County Water District has made a commitment to service the subject development. The City of Northglenn has submitted a letter of intent to provide sewer services to the site. - Internal traffic circulation is proposed to serve a single warehouse user from a single access to the I-25 Frontage Road. There are two accesses from Weld County Road 2 which will be strictly for emergency use and oil and gas production facilities. - The Planned Unit Development District uses will be a single warehouse user and the oil and gas production facilities, which will be compatible with one another. - The landscaping will be similar to and blend in with the surrounding environment, therefore providing a buffer to surrounding properties and ensuring that the appearance will be harmonious to the surrounding uses. - The Planned Unit Development District is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the site. - According to the United States Department of Agricultural Soil Conservation Service map, the soil on the property is classified as 40-Nunn Loam with fair to poor potential for urban development. III. The application materials demonstrate that the use which would be allowed under the proposed Planned Unit Development will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. The subject property is not designated as part of a municipalities growth area according to the Weld County Future Land Use map (1973) . However, given the sites proximity to I-25 and the Planned Unit Development's proposed density, the plan appears to be suited to the area. Future development of the area will not be adversely affected by this proposal. 2-431:86:6 Super Valu Stores, Inc. October 21, 1986 Page 3 IV. Street and highway facilities providing access to the property appear adequate in size to meet the requirements of the Planned Unit Development district. The application indicates a single access from the I-25 Frontage Road. The applicant will be required to provide additional right-of-way to the Weld County and right-of-way reservation to the State of Colorado to ensure that the street and highway facilities are adequate for the proposed site. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Weld County Planning Commission's recommendation for approval is conditional upon the following: 1. The City of Northglenn intends to provide the sewer service to the site. In the event the city is unable to serve the Planned Unit Development site, the site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. The septic system shall be installed, consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. 2. The Central Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld County Subdivision Regulations, pursuant to the Public Water Supply Systems and Fire Safety Requirements. 3. The applicant or property owner, shall provide and maintain all internal roads and open space within the Planned Unit Development District. 4. The applicant ur property owner shall provide Weld County with the following additional right-of-way dedication: An additional twenty (20) foot right-of-way along the north side of Weld County Road 2. Z-431:86: 1 Super Valu Stores, Inc. October 21, 1986 Page 4 5. Access onto Weld County Road 2 shall be strictly for oil and gas production use and emergency use. 6. Conditions 1 through 5 as stated above shall appear as notes on the Planned Unit Development District plat. 7. Prior to recording, the Planned Unit Development District plat shall be amended to reflect the following: - Additional twenty (20) foot dedicated right-of-way to Weld County; and - A right-of-way reservation to the State of Colorado for the property west of the existing fence line along the western side of the property. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage Lynn Brown Paulette Weaver LeAnn Reid Louis Rademacher Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on October 21, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 22nd of October, 1986. ml l A �o�� Bobbie Good Secretary ADDITIONAL COMMENTS Super Valu Stores, Inc. Z-431:86:6 Ronald Hovland, City of Thornton Planner II, in a letter dated October 10, 1986, expressed opposition to this request. The Department of Planning Services staff has not received any objections to this proposal from any of the surrounding property owners. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING October 21, 1986 A regular meeting of the Weld County Planning Commission was held on October 21, 1986, in the County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:35 p.m. Tape 252 - Side 2 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Absent Ivan Gosnell Absent - Called LeAnn Reid Present Louis Rademacher Present Lynn Brown Present Paulette Weaver Present Ann Garrison Present Jack Holman Present Also present: Debbie deBesche, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on October 7, 1986, was approved as distributed. CASE NUMBER: Z-431:86:6 APPLICANT: Super Valu Stores, Inc. REQUEST: Change of Zone from agricultural to planned unit development LEGAL DESCRIPTION: Part of the Si SW} of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Over 3 miles east of Erie; adjacent and north of Weld County Road 2 APPEARANCE: Joe Slinger, Super Valu, Eden Prairie, Minnesota, represented the applicant. This is a unique type of planned unit development as they will be the only user. Amoco has oil and gas rights on this property. Therefore, they choose a planned unit development rather than commercial-three zoning to enable Amoco to use their mineral rights. They looked at other sites that were already zoned commercial, but they were located in geographical hazard areas or they were not centrally located from their distribution center. They chose this location because of the central location, and easy access to the interstate since trucking is an important part of their operation. A site plan and elevations of the proposed business were shown. These were retained as evidence. The Brighton Fire District has recommended sprinklers in all their buildings and they will comply with this requirement. Summary of the Weld County Planning Commission Meeting October 21, 1986 Page 2 Rick Zuluvitch, Development Manager, Denver store, reported they are one of the largest grocery retailer in the world and this warehouse would supply stores within a 350 mile radius. They will initially employ 350. Upon completion of this project they will employee 750. They have approched the City of Northglenn to go onto their sewage treatment facility. If they are able to connect to the sewer line they will need to install a lift station. Lee Morrison explained the guidelines of the 208 Plan. These are what the applicant will have to work under when making application to use the City of Northglenn's sewer system. A copy of the agreement between Amoco (Champlin is the owner of the mineral rights; Amoco is the lessee) was distributed to the members of the Planning Commission. This was retained as evidence. Tape 253 - Side 1 The Chairman called for discussion from the members of the audience. Steve Frayser, Director, Greeley/Weld County Development, explained some of the reasons in selecting this particular site. The selection was predicated by the County Planning Department, Colorado Highway Department, and Weld County Engineering Department, etc. Dennis Hiatt, surrounding property owner, reported he has a business in the Del Camino area. He is representing Super 8 Motel, Texaco, and McDonalds. He thanked the applicants and others who had worked on this request for looking at the Del Camino Area. Weld County needs something like this for economic reasons, and they support any plans for economic development. Eric Torgeson, Amoco, stated they have no objections to this proposal as long as the agreements made between Amoco and Super Valu are met. Clay Carlson, representative of Frank Wilcox, property owner, stated he is in favor of this proposal. He also wishes to extend special appreciation to Super Valu for their honesty and integrity in dealing with the owner of the property. The Chairman asked the applicants if they had reviewed the recommendations and conditions as outlined by the Department of Planning Services staff. They stated they have no objections to either the recommendations or the conditions. The Chairman asked that reading of the staff's recommendations and conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. Summary of the Weld County Planning Commission Meeting October 21, 1986 Page 3 Lee Morrison explained this request has to be judged on the existing Comprehensive Plan. The guidelines of the proposed Comprehensive Plan cannot enter into any decision. MOTION: Ann Garrison moved Case Number Z-431:86:6 for Super Valu Stores, Inc. , for a Change of Zone from Agriculture to Planned Unit Development be forewarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - Yes; LeAnn Reid - Yes; Louis Rademacher - Yes; Paulette Weaver - No, because she believes development is much more appropriate contiguous to existing municipalities. Also, she thinks a septic system for a development this size is inappropriate, and we don't have assurance they will be able to go on the the City of Northglenn's Sewer System. Ann Garrison - Yes; Jack Holman - Yes, because this is a planned unit development and not commercial-three zoning we can be sure of the development that will be taking place. Motion carried with five voting for the motion and one voting against the motion. CASE NUMBER: S-268:86: 13 APPLICANT: Super Valu Stores, Inc. REQUEST: Final plan of a Planned Unit Development LEGAL DESCRIPTION: Part of the Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Over 3 miles east of Erie; adjacent and north of Weld County Road 2 Lee Morrison informed the applicant that if they wished, the discussion on the change of zone may be incorporated into this request. APPEARANCE: Joe Slinger, Super Valu Stores, Inc. , Eden Prairie, Minnesota, represented the applicant. He asked that the discussion from the change of zone be applied to this request. 441 RICHARD D. LAMM a . lItj JER!S A. DANIELSON Governor cn ,-r., * / o' * State Engineer * 1876 s OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 October 21 , 1986 Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Super Valu Stores, Inc. S-267:86: 12, Z-431 :86:6, and S-268:86: 13 Dear Ms. deBesche: This is to acknowledge receipt of rezoning, sketch plan and final PUD plan material for the above referenced warehouse distribution center on 71 .6 acres. The Central Weld County Water District has been designated as the source of water and a letter of commitment for service has been submitted. The letter indicates that Windy Gap Project water will be used to service the property. Information available in our files indicates that the District can obtain sufficient water to serve this development and we recommend approval of the rezoning, sketch plan, and final PUD plan upon proof that the applicant has a signed contract with the District. Sincerely, lit) .9 Hal D. Simpson, Deputy State Engineer HDS/JRH:ma/8620H cc: Alan Berryman, Div. Eng. liFi Irvtirl rt1Wn y EXHIBIT r _ J 9: 1986 l Li l=x -- /0/z7 /�� Weld Co. Planning Cnmmission / (mn,. Date: October 21, 1986 CASE NUMBER: Z-431:86:6 NAME: Super Valu Stores, Inc. ADDRESS: 11840 Valley View Road, Eden Prairie, MN 55344 REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Part of Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Over 3 miles east of the Town of Erie; adjacent and north of Weld County Road 2 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with application requirements of Section 28.5.2 of the Weld County Zoning Ordinance. The rezoning request is in conformance with Section 28.3.1 of the Weld County Zoning Ordinance as follows: I. The proposal is consistent with the Weld County Comprehensive Plan. The plan states on page 61 that commercial development would only be encouraged if the developer can show that the proposal cannot reasonably be located in an urban area. The applicant has demonstrated in the application materials that the nearest urban areas of Erie and the Tri-Area are unacceptable due to the undermining in those areas. The property size requirement of approximately 60 acres and the required truck transportation for this proposal makes it impractical and unprofitable to locate in an urban area. II. The application materials demonstrate that the uses which would be allowed under the proposed Planned Unit Development plan on the property conforms to the performance standards of the Planned Unit Development District, as stated in Section 35.3 of the Weld County Zoning Ordinance. - This proposal is for a single owner and user of a warehouse facility with oil and gas production facilities as a use by right. - Open space within the Planned Unit Development is accommodated by the undeveloped areas being landscaped with natural native grasses and shrubs. — Central Weld County Water District has made a commitment to service the subject development. The City of Northglenn has submitted a letter of intent to provide sewer services to the site. Z-431:86:6 Super Valu Stores, Inc. Page 2 - Internal traffic circulation is proposed to serve a single warehouse user from a single access to the I-25 Frontage Road. There are two accesses from Weld County Road 2 which will be strictly for emergency use and oil and gas production facilities. - The Planned Unit Development District uses will be a single warehouse user and the oil and gas production facilities, which will be compatible with one another. - The landscaping will be similar to and blend in with the surrounding environment, therefore providing a buffer to surrounding properties and ensuring that the appearance will be harmonious to the surrounding uses. - The Planned Unit Development District is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the site. - According to the United States Department of Agricultural Soil Conservation Service map, the soil on the property is classified as 40-Nunn Loam with fair to poor potential for urban development. III. The application materials demonstrate that the use which would be allowed under the proposed Planned Unit Development will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. - The subject property is not designated as part of a municipalities growth area according to the Weld County Future Land Use map (1973) . However, given the sites proximity to I-25 and the Planned Unit Development's proposed density, the plan appears to be suited to the area. Future development of the area will not be adversely affected by this proposal. IV. Street and highway facilities providing access to the property appear adequate in size to meet the requirements of the Planned Unit Development district. - The application indicates a single access from the I-25 Frontage Road. The applicant will be required to provide additional right-of-way to the Weld County and right-of-way reservation to the State of Colorado to ensure that the street and highway facilities are adequate for the proposed site. Wig^ Z-431:86:6 Super Valu Stores, Inc. Page 3 These determinations are based, iu part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The City of Northglenn intends to provide the sewer service to the site. In the event the city is unable to serve the Planned Unit Development site, the site shall be determined to be suitable for individual septic disposal systems by the Weld County Health Department. The septic system shall be installed, consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. 2. The Central Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld County Subdivision Regulations, pursuant to the Public Water Supply Systems and Fire Safety Requirements. 3. The applicant or property owner, shall provide and maintain all internal roads and open space within the Planned Unit Development District. 4. The applicant or property owner shall provide Weld County with the following additional right-of-way dedication: An additional twenty (20) foot right-of-way along the north side of Weld County Road 2. 5. Access onto Weld County Road 2 shall be strictly for oil and gas production use and emergency use. 6. Conditions 1 through 5 as stated above shall appear as notes on the Planned Unit Development District plat. 7. Prior to recording, the Planned Unit Development District plat shall be amended to reflect the following: - Additional twenty (20) foot dedicated right-of-way to Weld County; and - A right-of-way reservation to the State of Colorado for the property west of the existing fence line along the western side of the property. ADDITIONAL COMMENTS Super Valu Stores, Inc. Z-431:86:6 Ronald Hovland, City of Thornton Planner II, in a letter dated October 10, 1986, expressed opposition to this request. The Department of Planning Services staff has not received any objections to this proposal from any of the surrounding property owners. e': ,a AGREEMENT //�}j, THIS AGREEMENT is made this �� , day of -�s yet) , 1986, by and between AMOCO PRODUCTION COMPANY ("Amoco") , CHAMPLIN PETROLEUM COMPANY ("Champlin") and SUPER VALU STORES, INC. ("Super Valu") , and is based on the following premises : WHEREAS, certain rights in and to the South 1/2 of the Southwest 1/4 of Section 35, TIN, R68W, of the Sixth Principal Meridian, Weld County, Colorado (the "Property") were reserved by Union Pacific Railroad Company in Deed recorded August 20, 1901 in Book 183 at Page 306; and WHEREAS, certain of said rights were transferred and assigned to Champlin pursuant to "Assignment and Conveyance of Oil and Gas Rights Committed to Leases, Licenses And Other Agreements" dated March 14, 1971 recorded in Book 644 at Reception No. 1565712; and WHEREAS, Amoco is the lessee of said rights of Champlin underlying the Property; and WHEREAS, Super Valu has an option to purchase the surface rights of the Property and if purchased, Super Valu intends to construct a warehouse and related facilities (hereinafter collectively referred to as "the Warehouse") , as depicted on the plat attached hereto (hereinafter "the Plat") ; and WHEREAS, Super Valu intends to apply to the Weld County Board of Commissioners to rezone and obtain PUD approval for the Property and the Warehouse; and WHEREAS, the parties desire to (a) protect Champlin' s and Amoco' s rights and interests, consistent with Super Valu' s plans to develop the Property, and (b) provide assurances to Super Valu that neither Amoco nor Champlin shall have any rights in and to the surface of the Property other than to the "Drill Site Locations" , as defined below, and limited accesses to the Drill Site Locations as described herein. NOW, THEREFORE , based on the above premises and the mutual covenants contained herein, the parties agree as follows: 1. Drilling and Drill Sites. Amoco shall have the right to enter upon the Property for the purpose of drill- ing one well on each of the Drill Site Locations designated on the Plat (herein referred to as the "Drill Site Locations") . During any such drilling operations, and for a period of thirty (30) days thereafter , Amoco shall have the right to conduct its activities on an area 250 feet by 250 feet for each Drill Site Location. Upon completion of each well as a producer, each Drill Site Location shall be 100 feet by 100 feet for so long as each such well is operated as a well capable of producing hydrocarbons in commer- cial quantities. 2. Access. Commencing with the preparation for drilling one or both such wells, and continuing until both wells are abandoned, Amoco shall have full ingress and egress , to the Drill Site Locations at any time and for any purpose it desires (related to such wells) , but such rights shall be only on Super Valu' s proposed fire exit road or on an access road to be constructed by Amoco, at its sole cost and expense, at the location(s) shown on the Plat as "Amoco' s Proposed Access Road" . 3. No Other Rights. Neither Amoco nor Champlin shall have any rights in or to the surface of the Property other than the Drill Site Locations and the limited accesses described herein. 4. Term. This Agreement shall be effective on the date of this Agreement and shall continue until and for as long as Amoco conducts operations on the Property, related to said wells. However, this Agreement shall terminate if Super Valu does not complete the purchase of the Property within six (6) months from the date hereof. 5. Activities on Property. Amoco has the right, but not the obligation, to drill the wells, and is not obligated to commence any activity on the Property within any specified period of time. Super Valu is not obligated to commence any activity or construction upon the Property within any specified period of time. Super Valu shall have the right, but not the obligation, to construct any improvements at any location upon the Property other than the Drill Site Locations, as long as the access to the Drill Site Locations is not interfered with. 6. Cooperation. Super Valu shall, without expense to Super Valu, cooperate with Amoco throughout Amoco' s operations on the Property. Super Valu shall not construct any facilities on the Drill Site Locations or take any action that would interfere with or diminish Amoco' s or Champlin' s interests in the Drill Site Locations and access roads, without prior written approval. Super Valu hereby waives any objections to Amoco' s future operations related to said drilling and production activities on the Drill Site Locations and access roads. Super Valu further waives any claim for 1 . -2- damages resulting from Amoco' s activities, provided, however , Super Valu does not waive any claim it might have in the future for damages to the Warehouse or for Amoco' s negligence. 7. Application. Super Valu' s application to Weld County shall clearly provide that oil and gas drilling and production activities, as provided herein, will continue to be a use by right. Super Valu shall provide Weld County with a copy of this Agreement as part of its application. Subject to Super Valu' s compliance with this Agreement, Amoco and Champlin have no objection to Super Valu' s application for rezoning to "Planned Unit Development" . 8. Successors. This Agreement shall be binding upon, and shall inure to the benefit of the parties' successors, assigns, agents and representatives, including, but not limited to, any operator or assignee that succeeds to the rights and obligations of Amoco or to any owner of the oil and gas interests. 9. Final Agreement; Amendment. This Agreement represents the entire agreement between the parties and shall not be amended, except in writing signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. AMOCO PRODUCTION COMPANY By: G.(A) lhi -Fa Attorney-i -Factt SUPER LU TORES NC ,tiS By: / f ( IAM-C. HUNT i is: VICE PRFSMEN • CHAMPLI PETROLEUM C`�Y ukft) ti. By: Os Its: 42,11-hey — — - �`' —3— STATE OF COLORADO ) ani a,r+d ) ss. COUNTY OF y ) The fo a oing instrument was ackn wledged before me this ,2O day of Qe ' ' , 1986, by G- CO C am of AMOCO PRODUCTION COMPANY, a b004i.Qco,p_ corp ration, on behalf of said corporation.' My Commission Expires: •, March 20,Broadway 9 W L Xr_ � \ 1` T � . � 1670 Broa�rray ,<G� � �i „ Denver, Colorado 80201 /� Notary Publ • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fc regoing instrument was acknowledged before) me this /Ip 1± day of CxttS3&-/t , 1986, by Wi'ttffrvt ( l`funii, Via--flekSiO l;7 of SUPER VALU STORES, INC. , a Delaware corporation, on behalf of said corporation. Vz-L14(..,a_C>a-Lita-14-1-- Notary Public x . TERESA L BAKE STATE OF COLORADO ) ' K�TARMPUBlC.MINNES0TA �� ,�"""""") s s. HENNEPIN CaUNiT COUNTY OF��,e ,[�) MI CoumiSIon Expires May 261990 The f��oj eg,o,,//ing instrument was ackn wed ed of re,,me this .20...25- day of 'P�jpv , 1986, by �GClcY' . . . . • of CHAMPLIN"`""PPPPETROLEUM COMPANY, a th ,lt2tt , corporation, on behalf of said corporation. /& / ti d, ,t , ` ) , �, ,, , ',�(, `.. Not ry Public is (1 ,\ ( .O1 : i I(. 'o i 100386:3 . c';, 0160e( „A1 ' My Commission Expires Aug. 15. I9&8 -4- 5 r- OY£AL,YS BASE 9EliS PI fi+`triit:'f�t;t:i141114 m . !1}fI„ii}fi0illf+`Arir m > n4 IIll;tlAils lentil's it > '-25 1 rl � 1. TI'! c `i!IiAgi!`iq3i9r+fi +' R 4 -- i.� ,i Ii + ;, BiIISAI tqE 'lff,i,3'ii:,i; y � r na r s i'tA'•ilAiit:;Il m 17liiftirir�. f•if+, ei "q — \ T / -- diiTl tltia.r j,t6iitr, m 1y------ ip ,mob E fill' O , ll . , lo : i . : 4 , cl...: - \ \s„,,,,,,st ‘i ; • ••"• a II I d r ' _ 'd, i� II 11 i �T ii=il ;�= 1 11 rNIILJ d iu �� N JI1;II AliSI o• ₹ ��t ;a , : � ;( i,+ (di Iii l 8.4r !IIA,3 � :I � ' t1.? • T' 1 ff .f i fail • E _ i ./ i .7,- 0112 s 1 ' 3q g 3 r i = Bd _ :irk- C> i A . t 21 Y 1� - _ • 'li .. I 1 I1 "'"• 1 '\11_ ii I i itilinin A 1 :'; 0 s E e f,!ii. pp2 H R dA 6 F43 B - 1 12 3i vs 3s fi i2•rut I S'A,rr Vial a'wOrt rr.:.,��',�� i +JI"Y+'E3'�i iF{ 1 !+, -- .\ i k,t meta waw nrao courts ara ,I: .. ... ......._.,. _.,e t `i 1. > ,.?III CF]J�.Si COL.Cf7AL+O - .:.-. - :..., _ . . SUPER VALL STORES, INC. Denver Division P.O. Box 17449 Denver, CO 80217 • 303/297-3663 October 17, 1986 E C E E C C 7 17 1986 Ms. Debbie deBesche Current Planner Weld County Department of Planning Services Weld Co. Planning Commission 915 - 10th Street Greeley, CO 80631 Dear Ms. deBesche: We appreciate the opportunity to provide additional information concerning our proposed regional Warehouse Distribution Center northeast of the interchange of I-25, Colorado Highway 7 and Weld County Road 2. Super Valu Stores, Inc. began an exhaustive site selection search for a replacement regional warehouse distribution center in early 1985 with the focus on siting our facility at a location providing maximum market access with minimum impact upon surrounding current and future property uses and minimum development operation costs. A location in northern Adams or southern Weld County was determined based on our needs for truck access for outbound shipments, geographical concentration of clients, existing interstate networks, and the availability of relatively large single-owner property suitable for developments. Based upon our twin goals of a cost-effective operation for the company and minimal impact upon current and future land uses, the Weld County site has emerged as the single best alternative for Super Valu Stores' choice of a site outside of current municipal boundaries was indicated by the following factors. 1 . Suitable single-owner parcels of at least 60 acres in size were not available in surrounding Weld County communities. In late 1985 sites adjacent to Dacono were explored and abandoned due to severe undermining problems with attendant threats of subsidance and structural damage. Similar problems were encountered in the Erie area in 1986. 2. Transportation costs dictated a location in Weld County south of Colorado Highway 52 and in close proximity to I-25. Our current market mix requires that approximately 80% of our deliveries be to clients located in Denver and as far south as Colorado Springs and Pueblo. Our minimum annual cost of truck operations to serve existing clients averages $48,000 per mile. Each additional mile north of our current proposed location will add significantly to overhead costs. r Page 2 Ms. Debbie deBeshe Weld County Department of Planning Services Greeley, CO 80631 October 17, 1986 • Impact of our proposed operation on Weld County and affected government units will be positive. 1 . Estimated annual property tax revenues from Phase I building construction for Weld County will amount to $58,000. Similar revenue gains can be expected for area taxing districts based upon their mill • levy levels coming at a time of declining energy-based tax receipts. Our project will provide significant replacement income at minimul cost. 2. Due to the nature of the project, it is not anticipated that Weld County will face significant costs associated with service delivery to the site. Access will be provided to the property via the east frontage road of I-25. Super Valu is prepared to agree not to use Weld County Road 2 as a truck or an office vehicular access point to the site.Other services, i .e. fire, water and sewer will provided to the site at our cost and at no cost to Weld County. 3. Future employment projections call for 750 employees working 3 shifts, 6 days per week. Annual average payroll for the facility is estimated at 22.3 million dollars. The provision of new employment opportunities and income come at a time when declining agricultural and energy employment are straining Weld County's ability to provide social services through a restricted budget. We believe that our proposed project is consistent with the governing land use policies of Weld County and presents a unique opportunity to provide increased diversification of the county's tax and employment base with minimal impact upon services. Sincerely, KEN KEGERREIS President 0093K mEmoRAnDum. To Planning Department Date October 14, 1986 COLORADO From Health Protection Services 61.?¢ r" 21 S-268:86: 13 Subject: Super Valu PUD S-267:86: 12 Z-431:86:6 While it is preferable to have the facility serviced by a municipal sewage line, it is acceptable for the office and warehouse to be handled by an engineer designed septic disposal system. This is for the sanitary sewage only, any industrial wastes would potentially exceed the acceptable loading rates desirable for the existing soil and geologic conditions. The system shall be designed by a registered professional engineer and installed according to the Weld County Regulations for Individual Septic Disposal Systems. By direction of Ralph R. Wooley, M.D. , Director, Weld County Health Department ° E EVE OCT 201986 [i Weld Co. Planning Commission lsw T F STATE OF COLORADO DIVISION OF HIGHWAYS +E"T OF F P.O. Box 850 if " Greeley, Colorado 80632-0850 (303)353-1232 � 8 October 14, 1986 Weld Co. , I-25 Super Valu Stores File: Wilcox Zone Change N.E. Cor. I-25 and S.H. 7 Ms. Debbie de Besche DOH File 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Ms. de Besche: We have reviewed the application from Super Valu Stores for a change of zone from Agricultural to P.U.D. (Case #Z-431:86:6), the Super Valu Warehouse distribution center sketch plan (Case #S-267:86:12), and the Super Valu Stores final P.U.D. (Case #S-268:86:13). We have submitted comments previously to your office on the zone change for this property in letters of July 11, 1986, and September 4, 1986. The following additions and clarifications relate to the issues raised in those letters and apply to all of the above applications. 1. The Boundary Survey map included with the zone change application continues to show an offset between the existing Interstate 25 right of way fence and the property line. Since the fence defines a greater highway right of way width than the property line shown, we again request that the map be revised so that the fence is the property/right of way line. 2. The additional right of way for the future relocation of the I-25 northeast frontage road through the west end of this property has been specifically identified in our September 4, 1986, letter. The final P.U.D. plan correctly identifies the future right of way line needed to accommodate this relocation. The additional area required should be reserved for this purpose, and we also ask that it be excluded from the rezoning. This would avoid increased cost to the Department of Highways when this property is acquired. 3. Access to this site from the I-25 frontage road has been discussed with project representatives. The single access near the north end of the site shown on the Site Layout map is acceptable. We have also discussed the construction improvements {I £i1\U0Tut1986 s . . DEBBIE DE BESCHE October 14, 1986 Super Valu Stores Page Two associated with this access, but have not received any traffic information on which to make a decision. However, the size of this site and projected number of employees indicate that a right-turn deceleration lane will be required. Thank you for the opportunity to review these applications. Please contact Wally Jacobson if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRIC ENGIN // J hn K. Crier` Dis ict Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier-Jacobson via Chotvacs { f? * m Ss\ /nom ,' -ier* `z"ThA.:0 October 10, 1986 fret Ms. Debbie DeBesche /c Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Weld County Referral : Super Value Stores, Inc. Applications for the 76.1 Acres at 1-25 and Baseline Road Dear Ms. DeBesche: The City of Thornton has received the referral materials for the three actions requested of Weld County by Super Value Stores, Inc. for the 76.1 acres located on the northerly side of Baseline Road (Weld County Route 2), east of 1-25. The three (3) separate actions are for a sketch plan for a warehouse distribution center (Case No. S-267:86: 12), a change of zone from Agriculture to Planned Unit Development (Case No. Z-431 :86:6), and a Planned Unit Development Final Plan (Case No. S-268:86: 13). As requested in your correspondence of September 30, 1986, we will address our concerns for each separate application. 1 . Case No. S-267:86: 12; sketch plan for a warehouse distribution center and oil and gas drilling. a) This request appears to be extremely premature. It is not anticipated that the subject property will be urbanized until after the year 2010, based upon anticipated growth and development within the I-25 corridor in northern Adams County. This date is based upon the predicated E-470 right-of-way alignment and development, a relocated metropolitan Denver international airport and continued urbanization within the 1-25 highway corridor. Until such time as the subject property and surrounding area is ready for development, commercial rezoning and suburban and urban development should only take place within existing highway commercial centers or in cities adjacent to the 1-25 right-of-way. Ms. Debbie DeBesche October 10, 1986 Page 2 b) A large-scale employer utilizing a warehouse facility at this location will generate twice-a-day passenger vehicle traffic for each work shift to and from the site, primarily employees commuting from the Denver metro area. There is not adequate housing stock in the area to provide for any influx of new employment base on a large scale. c) A significantly higher volume of truck and passenger vehicle traffic could warrant changes in traffic control measures on Weld County Road No. 2 including signalization. Other significant changes could be an increase in police and fire protection requirements, and substantial roadway improvements beyond the confines and immediate frontage of the subject property. d) The use of portions of the property for oil and gas drilling and exploration is not a concern assuming that all of the state-mandated spacing and safety requirements are being met. 2. Case No. Z-431 :86:6; a change of zone (rezoning) from Agricultural to Planned Unit Development. Rezoning away from the agricultural zoning district is the only option if the process is from PUD sketch plan to PUD final plan. The same general concerns that apply to the sketch plan apply to the rezoning of the land. In summary, the action and any subsequent development is premature. 3. Case No. S-268:86: 13; PUD Final Plan for a Super Value Stores warehouse distribution center. a) The submitted site plan for the Final PUD indicates that the main distribution center driveway will be from the 1-25 frontage road on the westerly side of the site. The driveway is located approximately 115 feet south of the north property line of the site. The main driveway access is 380 feet north of the frontage road curve, and only 210 feet north of the curve for the future frontage road alignment. In light of the high volume of truck traffic entering and exiting the site, the size, weight, and speed of those trucks, the distance between the main driveway and the existing and future frcntage road curve is critical for safe vehicular movements. Ms. Debbie DeEesche October 10, 1986 Page 3 b) The future frontage road intersection with Baseline Road/Weld County Route 2 is outset west from the current 4-way intersection a distance of 185 feet, centerline-to-centerline. That intersection would no longer be a 4-way intersection without the realignment of the frontage road on the southerly side of Route 2. In light of its proposed location on the curve of the Route 2 / Highway 7 / 1-25 intersection, the issues of traffic safety cannot be too strongly stated. c) Based on the two above items, it would be far preferable to take primary access from the easterly-end of the 76 acres along Route 2, and have all traffic follow the existing and established traffic flow in the Route 2 / Highway 7 / 1-25 access area. Thank you for the opportunity to comment on these proposals. We hope that these comments can be included in your report and presentation to the Weld County Planning Commission and County Commission. We would very much like to receive a copy of the final staff report on this proposal and to be advised of the date of consideration of this item by both Planning Commission and County Commission. If you have any questions concerning this matter or if we can provide any additional information, please contact this office at (303) 538-7295. Very truly yours, kidAt #0101-66 Ronald Hovland, Planner II Plans Implementation Division Community Services Department /gc cc: Anne Bockenkamp, Adams County Planning Department Members of the Thornton Planning Commission Arthur E. Pizzano, Deputy City Manager Christopher Burkhardt, Chief of Plans Implementation Froda Greenberg, Planner II File 986 !) Wei4 Cu. 1811 1fl'z t nnt!i sru, LAND-USE APPLICATION SUMMARY SHEET Date: October 14, 1986 CASE NUMBER: Z-431:86:6 NAME: Super Valu Stores, Inc. ADDRESS: 11840 Valley View Road, Eden Prairie, Minnesota 55344 REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Over 3 miles east of Erie; adjacent and north of Weld County Road 2 SIZE OF PARCEL: 71.61 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this request is listed in Section 28.3 of the Weld County Zoning Ordinance. On August 20, 1986, the Board of County Commissioners of Weld County, Colorado, determined that there had been a substantial change in the facts and circumstances regarding the application for Frank Wilcox for a Change of Zone from Agricultural to Commercial and, therefore approved a request for a rehearing. Super Valu presently has a purchase contract for Mr. Wilcox's property and has submitted the Change of Zone application. Although the application for a Change of Zone and a Final Planned Unit Development Plan are being processed simultaneously, the Weld County Department of Planning Services considers them as separate applications. The Weld County Utilities Coordinating Advisory Committee recommended approval of this request at its meeting on October 9, 1986. The Department of Planning Services has received specific recommendation from the following agencies: - Weld County Engineering Department - State Highway Department - City of Thornton, and - Brighton Fire District Copies of these letters have been included in this land—use application. The staff has not received referral responses from the following agencies: - Weld County Attorney - Weld County Health Department - Adams County Planning Department - West Adams Soil Conservation District, and - City of Northglenn The staff has not received any objections to this proposal from surrounding property owners. FIELD CHECK FILING NUMBER: Z-431 :86:6 DATE OF INSPECTION: October 13, 1986 NAME: Frank E. Wilcox REQUEST: Change of Zone from A (Agricultural) to Planned Unit Development. LEGAL DESCRIPTION: Part of the Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, east of I-25, and north of Highway 7. LAND USE: N Agricultural land, residence E Agricultural land, residence S Weld County Road 2 and State Highway 7, agricultural land, KOA campground W I-25 Frontage Road, livestock operation ZONING: N Agricultural E Agricultural S Adams County W Agricultural COMMENTS: Access to the property is from State Highway 7, a paved road. A rural residential site is presently located on the property. The remainder of the property is farmland. There are 2 residence within one—fourth mile of the property. 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'2 .0-y=axr=*z nS:a , REFERRAL LIST APPLICANT: Super Valu Stores, Incorporated CASE NUMBER: Z-431:86:6 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: October 13, 1986 NO SR NR NO SR NR X County Attorney X Northglenn 11701 Community Center X Weld County Health Dept. Drive Northglenn, CO 80233 ✓ X Engineering Department / X Central Weld County Water {'// X State Engineer District Division of Water Resources 2235 2nd Avenue 1313 Sherman St. , Room 818 Greeley, CO 80631 Denver, CO 80203 ✓ X State Highway Department 1420 2nd Street Greeley, CO 80631 X Ivan Gosnell 11488 Weld County Road 7 Longmont, CO 80501 X Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 1/7 X City of Thorton Ronald Hovland Plans Implementation Division Community Service Department 9500 Civic Center Drive Thorton, CO 80229 X West Adams Soil Conservation District P.O. Box 296 Brighton, CO 80601 / X Brighton Fire Proteciton District v c/c Kenneth Timmerman 425 South Main Brighton, CO 80601 NO=No Objection SR=Specific Recommendations NR=No Response . Act lie Debbie deBesche ro Current Planner Date October n, 986 COLORADO From Drew L. Scheltinga, County Engineer fr Subject: Super Valu Stores - COZ, Sketch Plan, Planned Unit Development Prior to this application I have been in contact with representatives from Super Valu Stores, and the Colorado Highway Department. In our discussions we have agreed there is to be no access to Weld County Road 2 because the intersection of County Road 2 and State Highway 7 is not adequate to handle the increased truck traffic. Therefore, access to the site is proposed from State Highway 7 to the outer road of Interstate 25 and then into the site at its northwest corner. This is reflected by the plan submitted. I recommend a development standard be added to restrict access to County Road 2. Also, the applicant should be required to obtain an access permit from the Colorado Highway Department. I have no comments reaardina the layout of the proposed site plan. However, no information has been provided to review the drainage aspects of the site. The P.U.D. should not be approved until a drainage study has been submitted and approved by the Engineering Department. Because of the dramatic increase of roof and paved areas , stormwater retention and drainage is an important aspect of this development. Road 2 is an important transportation link and is classified as an arterial in Weld County's Comprehensive Plan. The future right-of-way need for arterials is anticipated to be 100' . Although access to Road 2 is to be restricted to this P.U.D. , improvements to Road 2, due to development demands, are inevitable. Therefore, an additional 20' right-of-way, along the north side of Road 2, should be dedicated as a part of this P.U.D. -\1101986 'held Ca. ?larm% ialmissiau DLS/bf xc: Planning Referral File: Super Valu Stores g I DEPART . ,ENT OF PLANNING SERVICES "bit f �l PHONE(303)3564000 EXT 4400 rip 915r OL 10th STREET 31 } GREELEY,COLORADO 40631 yh ti O • COLORADO CASE NUMBER S-268:86: 13 September 26, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Super Valu Stores, Incorporated, for a PUD (Planned Unit Development) final plan. The parcel of land is described as part of the S} SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is over 3 miles east of Erie and adjacent and north of Weld County Road 2. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by October 14, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to , 3. ( le e e \ to the enclosed letter. Signed: ,,,,,,,, m (\_K.:`‘.C V Agency:Fr/c/o te-H,,r1c.� Date: to/�'i��11 ,1 //L H ni-i1 'i.l° L (Sable L. deBesche Current Planner C44, 5 oF �, o RICHARD D. LAMM f-. A. DANIELSON Governor + .,, G State Engineer I87 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 D �1[DJ)c j `,11Wi,i 1 (303) 866-3581 1Q8D August 27, 1986 I L] Weld Cn. Planning Comrolssieh Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Wilcox Zone Change Dear Ms. DeBesche: We have reviewed the above referenced referral . We would not object if Central Weld serves the development. Otherwise, it appears our July 7, 1986 comments are still applicable. Sincerely,///� [4-P�Simps6n, P.E. Deputy State Engineer HDS/JRH/8341H STATE OF COLORADO DIVISION OF HIGHWAYS Top., /A P.O. Box 850 '" "al E54 Greeley, Colorado 80632-0850 t . (N �. (303) 353-1232 �` r,g F CCAP September 4, 1986 Weld Co. , I-25 Wilcox Zone Change N.E. Corner I-25 and S.H. 7 Ms.Debbie de Besche DOH File 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Ms. de Besche: This office provided initial comments on the Frank Wilcox change of zone to your department in a letter of July 11, 1986. One of our main concerns expressed in that letter is the need to plan for a future 300-foot separation between the Interstate 25 ramp and frontage road intersections. Our original comments requested protection of a 200-foot wide strip of land along the west end of the Wilcox property to allow for the future realignment of the frontage road. As a result of this request we were contacted by the potential developer of this property to discuss the details of the frontage road realignment and our other comments regarding the existing property line location and access to the I-25 frontage road. Due to the developer's concern about the impact of the 200-foot strip on future building expansion, we were asked to prepare a plan to specifically identify how much right of way would be required to realign the frontage road. We met with the developer, County representatives, and Mr. Stephen Frayser of the Greeley/Weld County Economic Development agency on August 7, 1986, to discuss our plan. Having considered the concerns of the various interested parties, we are now providing the plan for the "I-25 and S.H. 7 Proposed Frontage Rd. Alignment. " This plan shows the relationship between the existing and proposed frontage roads and right of way lines. It takes into account the planned improvements to the interchange by the State Department of Highways, Project BRF 007-3(2). We ask the County to require the reservation of the proposed right of way as shown on this plan. The area required is considerably less than that which would have been affected by our original uniform 200-foot recommendation. I 8 . 1986 CA\ Weld Co. Planning Commission DEBBIE DE BESCHE September 4, 1986 Wilcox Zone Change Page Two We hope that this information meets your needs. Please contact Wally Jacobson if you have any questions. Very truly yours, ALBERT CH0TVACS DIST ENGINEER ohn K. Crier "strict Planning/Environmental Manager JKC:mbc(WJ) Attachment cc: Dave Stevenson, D-6 Design w/att. Neil McLeod, D-6 Maint. w/att. Stephen Frayser w/att. J. K. Slinger, P.E. , w/att. Drew Scheltinga, Weld Co. , w/att. File: Crier-Jacobson via Chotvacs mar September 8, 1986 Ms. Debbie DeBesche Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms. DeBesche: This office has been requested to submit a clarification to our letter of August 18, 1986 concerning the position of the City of Thornton on the request for a commercial Planned Unit Development (PUD) on 71 .6 acres located at the northeasterly corner of 1-25 and Baseline Road (Route No. 2). One of the concerns listed by the City of Thornton related to the water and sanitary sewer service provider for the area. The City of Thornton has no objection to the City of Northglenn being the service provider for the subject property. It is not the intention of the City of Thornton to object to Northglenn's provision of services based upon the pending study by the Weld/Larimer Counties Council of Governments and DRCOG for the drainage basins in the Weld County/Adams County area. That study has not been completed and no definitive service area boundaries have been established. We hope that this clarification fully states the position of the City of Thornton concerning the provision of water and sanitary sewer service in the southwestern portions of yield County. If you have any questions concerning this matter or if we can provide any additional information, please contact this office at (303) 538- 7295. Very truly yours, Ronald Hovland, Planner II Plans Implementation Division Community Services Department /lh cc: Tom Ambalan, City of Northglenn Mark Speed, Manager of Supply and Treatment, Thornton Utilities Anne Bockenkamp, Adams County Planning Department Members of the Thornton Planning Commission Arthur E. Pizzano, Deputy City Manager Christopher Burkhardt, Chief of Plans Implementation Froda Greenberg, Planner II Martin Landers, Utilities Coordinator File ? 'J 1986 l LI\ ----- — W Id Co. Planning Commission August 18, 1986 Ms. Debbie DeBesche Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Weld County Referral : Substantial Change Hearing on the Rezoning of 71 .6 Acres at 1-25 and Baseline Road, Frank G. Wilcox Property Dear Ms. DeBesche: The City of Thornton has received a copy of a Substantial Change Hearing on a request for rezoning made to Weld County and referred to the City of Thornton by the Adams County Planning Department for our comments on the Substantial Change Hearing. The original request to rezone 71 .611 acres located at the northeasterly corner of 1-25 and Baseline Road (Route No. 2) from the "A" (Agriculture) zoning district to the Weld County "C-3" zoning district. No development plans were forwarded to this office with the rezoning materials. The Substantial Change Hearing is to present new information not presented at the original hearing and to propose a commercial Planned Unit Development (PUD) for warehouse and gas and oil production. The warehouse use is heavily dependent on truck traffic. The original rezoning request from "A" (Agriculture) to the Weld County "C-3" zoning district was denied by the Weld County Board of County Commissioners on July 23, 1986. The three concerns that were forwarded by the City of Thornton on the original rezoning request still apply to the request for a commercial Planned Unit Development (PUD). Their concerns were: 1. This request appears to be extremely premature. It is not anticipated that the subject property will be urbanized until after the year 2010, based upon anticipated growth and development within the 1-25 corridor in northern Adams County. This date Is based upon C Ms. Debbie DeBesche August 18, 1986 Page 2 the predicated E-470 right-of-way alignment and development, a relocated metropolitan Denver international airport and continued urbanization within the 1-25 highway corridor. 2. The ability of the City of Northglenn to provide both water and sewer service to the subject property is contingent upon the approval of an amendment to the existing 208 Plan mandated by the Clean Water Act to establish service in the area including the subject property. That amendment has not been undertaken by DRCOG and Is anticipated to be a minimum of two years to complete. The outcome of the 208 amendment will be a determination of which agency, if any, will provide water and sewer service to the subject property. 3. Until such time as the subject property and surrounding area is ready for development, commercial rezoning and suburban and urban development should only take place within existing highway commercial centers or In cities adjacent to the 1-25 right-of-way. In addition to the above items, consideration should be given to the following concerns: 4. A large-scale employer utilizing a warehouse facility at this location will generate twice-a-day passenger vehicle traffic for each work shift to and from the site, primarily employees commuting from the Denver metro area. There is not adequate housing stock in the area to provide for any influx of new employment base on a large scale. 5. A significantly higher volume of truck and passenger vehicle traffic could warrant changes In traffic control measures on Weld County Road No. 2 including signalization. Other significant changes could be an increase in police and fire protection requirements, and substantial roadway improvements beyond the confines and immediate frontage of the subject property. All of these concerns lead back to our original issue, the premature nature of any urban development at this location. The existing land use and surrounding land uses are rural/agricultural and could anticipate remaining as such for a period of 20 to 25 years. Thank you for the opportunity to comment on this Significant Change Hearing. We hope that these comments can be included in your report and presentation to the Weld County Board of County Commissioners. Ms. Debbie DeBesche August 18, 1986 Page 3 If you have any questions concerning this matter or if we can provide any additional information, please contact this office at (303) 538-7295. Very� / 1e Ronald Hovland, Planner II Plans Implementation Division Community Services Department /gc cc: Anne Bockenkamp, Adams County Planning Department Members of the Thornton Planning Commission Arthur E. Pizzano, Deputy City Manager Christopher Burkhardt, Chief of Plans Implementation Froda Greenberg, Planner II Martin Landers, Utilities Coordinator File EFTEcc i,UG 19 1986 Weld Co. Plalaline Camino E C, . Bureau of Fire Prevention IS*Cli Brighton Fire Protection District Brighton,Colorado August 15 , 1986 Department of Planning Service 915 10 St . Greeley, Colo. , 80631 Re : Docket No. 86-45 Attn: Chuck Cunliffe Dear Chuck: Please be advised that the following described property is in the Brighton Fire Protection District: 71 .6 Acres , Si SW± Section 35 T 1 N R 68 W The zone change has the approval of the Brighton Fire District with the following conditions : 1 . Plans provide for adequate water supply for fire fighting purposes .. 2. All plans to be submitted and approved by the Brighton Fire Prevention Bureau. Turnaround is a minimum of seven (7) working days . 3 . Plan review fees per District schedule will be charged. If you have any questions regarding these conditions , please call my office . D NWP B Sincerely, rug 19 1986 David W. Bruns Fire Inspector Weld Co. Planning Commission DWR/mk 425 South Main Street • Brighton.Cobrado 80601. 659-4101 ..loud RECEIVED COT i 1986 DALa DEPARTiviENT OF PLANNING SERVICES ' shit` ter L0RC1.aE PHONE (303)3564000 EXT. 4400 , ply_ 5 10th STREET �'�•,,,I^�P� 1 GREELEY,COLORADO 80631 j • ill A bt4 f-4O COLORADO CASE NUMBER Z-431:86:6 September 26, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Super Valu Stores, Incorporated, for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) . The parcel of land is described as part of the Si SW} of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is over 3 miles east of Erie, and adjacent and north of Weld County Road 2. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by October 14, 1986, so that we may give full consideration to your recommends on. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to • 3. Please afar to the en losed attar. ;la S enc : D /:;!?(A.4\_./ 1 � d CrlU Debbie L. annesche D r--,� ��'ffl Current Planner _____I. \\/ fl . B L886 -- le Co. Plannm2 i< We ommissioo : i DEPART .NT OF PLANNING SERVICES r s n J ` PHONE (303)356-4000 EXT 4400 915 10th STREET t .,..'",� GREELEY,COLORADO 80631 y hi COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on October 21, 1986 at 1:30 p.m. to review a request for approval of a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for a Super Valu Warehouse distribution center, and oil and gas drilling. The parcel of land is described as part of the Si SW} of Section 35, TIN, R68W of the 6th P.M., Weld County, Colorado, containing 71.61 acres, more or less. The property is located approximately 3 miles east of Erie, adjacent and north of Weld County Road 2. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 21, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by October 2, 1986 n Received by: \ ?lit, Ce/j j,„ ,,y Date: /D71, /g6/ / - o PIN 2i :VFB (--Gel 6 1986 Weld Co. Planning iinninission ,{ DEPART dNT OF PLANNING SERVICES "rt4L, PHONE(303)3564000 EXT. 4400 `f�.. 915 10th STREET . GREELEY, COLORADO 80631 11 • COLORADO September 30, 1986 TO: SURROUNDING PROPERTY OWNERS Case Number: Z-431:86:6 There will be a Public Hearing before the Weid County Planning Commission on Tuesday, October 21, 1986, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Super Valu Stores, Inc. FOR: A Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si SW} of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie and adjacent and north of Weld County Road 2 Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Debbie deBesche, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 Super Valu, Incorporate Surrounding Property Owners Z-431:86:6 William S. Sharpe 8300 Irving Street Westminster, CO 80030 Irving Kippur 105 South Monaco Denver, CO 80222 Luthern Church Extension Fund Missouri Synod A Missiouri Corporation 1333 South Kirkwood Road St. Louis, MO 63122 Margaret, Gail and Sam Kats Fred J. Ramaker 10185 East Lake Drive Englewood, CO 80111 -----\\, rf DEPAF�" 7NT OF PLANNING SERVICES IPHONE(303)356-4000 EXT. 4400 - 915 10th STREET y 11 GREELEY, COLORADO 80631 i F A e. COLORADO September 30, 1986 TO: MINERAL OWNERS AND LESSEES OF MINERAL OWNERS Case Number: Z-431:86:6 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, October 21, 1986, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Super Valu Store, Inc. FOR: A Change of Zone for A (Agriculture) to P.U.D. (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si SWI of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 mites east of Erie; adjacent and and north of Weld County Road 2 You have an interest in the mineral rights under the parcel of land being considered. For additional information write or telephone, Debbie deBesche, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 Super Valu, Incorporated Surrounding Mineral Owners Z-431:86:6 Champlin Oil Company 5800 South Quebec Denver, CO 80155 Amoco Oil Company 1670 Broadway Denver, CO 80201 Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, CO 80020 Planned Unit Development Plan AFFIDAVIT OF INTEREST OtSNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Super Valu Stores, Inc. P.U .D. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. _9E-41Q-- . The foregoing�� instrument was subscribed and sworn to before me this 'p t� day of 6e„f ember , l9! WITNESS my_hand and official seal. My Commission expires: ■ C. Sv- %S-S N0TARY PUBLIC•MINNESOTA N t a r 1'ub l r � . HENNEPIN COUNTY / tary Commission Expires Feb.25.1991 ■ a . Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Super Valu Stores, Inc. P.U .D. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application sub 's te.AvonThe foregoing instrument was subscribed and sworn to before me this 0444 day Sej1t iker . 19“. WITNESS my hand and official seal. My Commission expires: i • hi • iiLINDA M.BENSON No ary Public NOTARY PUBLIC-MINNESOTA �+ HENNEPIN COUNTY My Commission Expires Feb.25, 1991 a ■ NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCE1. STATE AND ZIP ( O1)E IDENTIFICAllON I Pnscline Farms 1573-02-0-03R c/o Colorado Investor Fealty 1573-02-0-032 14991 East Hampden Ave . , #380 1573-02-0-037 Aurora , Colorado 80014 Washington Associates 1573-02-0-00-043 c/o Fuller and Company 1515 Arapahoe St. , =1600 Denver , Colorado 80202 • The Van Dernur Corporation 1573-03-0-029 2600 16th Street Denver, Colorado 80211 • P.U.D. ZONE CHANGE SUBMISSION PROJECT SUPER VALU STORES, INC. LOCATION: Section 35, Township 1N, Range 68, West of the 6th P.M. Weld County, Colorado II P.U.D. PLANNING OBJECTIVES 7571R SUPER VALU STORES, INC. PLANNING OBJECTIVES The following data is provided as documentation for the Super Valu P.U.D. zoning change. These statements address the application check list requirements of the Weld County Planned Unit Development Procedural Guide. The Application Requirements One through Four plus Thirteen and Fourteen accompany this submission. In specific we will document requirements Five through Twelve. The applicant acknowledges his responsibility for the documentation of Items Fifteen and Sixteen at the time of their occurrence. We begin with Requirement Number Five. 5. The property of the Super Valu P.U.D. is located along the Interstate-25 corridor and State Highway 7, near the southern boundary of Weld County. The town of Erie is approximately six miles northwest of the site and Dacona is approximately seven miles northeast of the property. This project is not completely consistent with the Comprehensive Plan in that it is not located near an existing municipality. However, there are several reasons that support the chosen location. As the major customer base is within the Denver Metropolitan area, the center must be located near Denver, thus the southern portion of Weld County was chosen. The undermining of the Tri-town and Erie areas prevents these existing municipalities from being a viable location. The distribution center is dependent on good access to truck transportation routes which I-25 and S.H. 7 afford. Transportation costs would increase approximately $48,000 per year for every mile away from our load center, therefore, the Wilcox Farm represents an ideal location. The P.U.D. will also allow a 721 acre parcel of land to be developed for a single use and this use is consistent with similar uses within the I-25 corridor. With the growth of Denver metro towards the north, the new airport, and highway E-470 this location will continue to support further commercial and industrial development. The facility will ultimately provide for 750 jobs at approximately $30,000/year. The estimated annual property tax generated from this project is $58,000. 6. Currently the property is zoned for agricultural use. The P.U.D. is for a wholesale food distribution center and the surrounding land uses include agriculture, a campground, a waste water treatment plant, interstate highway and oil and gas production wells. As stated before the proximity of the project to I-25 is compatible with transportation corridor and will not have negative impact to the adjacent properties. A portion of the food products stored and transported from the facility are of an agricultural origin.Secificlly s and directlya affect ethe rwell bbeing le oofc the ts sestablished uch as tagricultural bbase les wfor h will Weld County. 7. Within the Sketch Plan submittal were letters from all utilities stating the ability and willingness to provide these services. In specific , the city of Northglenn will provide sewerage disposal services which require an amendment taocontingentnt plan8thean. This rocess is P.U.D. utilities siteudesignywilliprrovideeforan however, as the on site septic system. 8. A soil survey was included in the Sketch Plan submittal . A complete geotechnical investigation is currently under way and will be submitted upon completion. 9. The access to the site will be in accordance with the submitted P.U.D. plat. Also the access will conform to Weld County Highway Standards and the Colorado State Highway standards. 10. The proposed site does not contain sand or gravel deposits. 11 . In evaluating the property with respect to the Weld County Maps, we find no conflict in regard to Weld County Airport, geological hazards, or flood plain hazards. 12. The Staff Comments brought up no further planning related questions that would need to be addressed as concerns. Enclosures CD (: L1.:;NED UNIT DEVELOPMENT) REZONING APPLICATION Case Ti: Dept. of Planning Services App, Ch'd By: Date Rec'd: 915 10th Street App. Fee: Receipt fi: Greeley, Colorado 80631 Record, Fee: Receipt f: Phone: 356-4000, Ext. 4400 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: SP;P, ATTACHED SHEET (If additional space is required, attach an additional sheet) Property Address (if available) : N.A. PRESENT ZONE Agricultural PROPOSED ZONE P.U.D. TOTAL ACREAGE 71.61+ OVERLAY ZONES N.A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Super Valu Stores, Inc. Home Telephone it: 612/828-4000 Address: 11840 Valley View Road Bus. Telephone #: Eden Prairie, MN 55344 Name: Home Telephone /1: Address: Bus. Telephone //: Name: Home Telephone S: Address: Bus. Telephone IF: Applicant or Authorized Agent (if different than above) : Name: Home Telephone II: Address: Bus. Telephone #: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Champlin Oil Address: 5800 S. Ouebec Denver. CO Name: Ancx,o Oil Address: 1670 Broadway Denver. CO 80201 Name: Address: I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. HENNEPIN COUNTY OF Iig6D ) ,STATE OF £GbOB Q ) ;c. MINNESOTA �. -/ 21�y1 ,i u `, s Signature: er or Authorized Agent �AYgiriyi re me this 18th day of September , 1986 . , �t LYNNE K. JEURISSEN iik , NorvEgusuc-MINNESOTA , SCOTT COUN10.1990 LC�ZG . My Commission Expires Oct. 10,1990 eNw+a�cvaeoai TA PUBLIC • My Cccmission expires: 10/10/90 +x s t " THAT PART OF THE SOUTH ONE-HALF SOUTHWEST ONE-QUARTER SECTION 35, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DESCRIBED AS: BEGINNING Al THE SOUTHEAST CORNER SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, THENCE N.00°17'17"E. ALONG THE EAST LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUAR1ER A DISTANCE OF 30.00 FEET 10 THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 2, THENCE N.89°59 '22"W. ALONG SAID RIGHT-OF-WAY LINE AND PARALLEL WITH THE SOUTH LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 1999.22 FEET 10 A POINT ON THE APPARENT EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY #185, THENCE N.75°55'22"W. ALONG SAID APPARENT RIGHT-OF-WAY LINE A DISTANCE OF 154.66 FEET, THENCE N.49°28'00"W. ALONG SAID APPARENT RIGHT-OF-WAY LINE A DISTANCE OF 99.04 FEET, THENCE N.19°17 '43"W. ALONG SAID APPARENT RIGHT-OF-WAY LINE A DISTANCE OF 985.80 FEET TO A POINT ON A CURVE TO THE LEFT. THE RADIUS OF SAID CURVE 1S 5830.0 FEET. THE DELTA OF SAID CURVE IS 2°36' 55", THE CHORD OF SAID CURVE BEARS N.02°41 '17"E. 266.10 FEET, THENCE ALONG SAID CURVE AND ALONG SAID APPARENT RIGHT-OF-WAY LINE A DISTANCE OF 266.11 FEET TO A POINT ON THE NORTH LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, SAID POINT BEING 99.40 FEET EAST OF THE NORTHWEST CORNER SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, THENCE S.89°58'53"E. ALONG THE NORTH LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 2544.03 FEET TO THE NORTHEAS1 CORNER SAID SOUTH ONE-HALF SOUTHWES1 ONE-QUARTER, THENCE S.00°17 '07"W. ALONG THE EAST LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 1297.80 FEET TO THE TRUE POINT OF BEGINNING. OPTION TO PURCHASE THIS OPTION, made and entered into this + day of ; ' , 1986 , by Frank E. Wilcox, unmarried (hereinafter referred to as "Optionor" ) . 1. Property. For good and valuable consideration, Optionor gives and grants to Super Valu Stores, Inc. , a Delaware corporation ("Optionee" ) , subject to all the terms and conditions hereinafter set forth, an exclusive right and option to purchase approximately 71.6 acres of land located on Weld County Road No. 2 in the County of Weld, and State of Colorado, as described on Exhibit "A" attached hereto and made a part hereof , together with all rights ( including without limitation water and mineral rights owned by Optionor) , improvements, easements, hereditaments and appurtenances thereunto belonging or in any way appertaining, together with all right, title and interest of Optionor in and to any land lying in the right-of-way of any street, road or highway through or adjoining said land (hereinafter referred to as the "Property" ) . The Property shall include all water rights, surface or subsurface, appurtenant to the Property, and shall include 7. 1 shares of Standley Lake water , represented by 7. 1 shares in Farmers Reservoir & Irrigation Co. (the "Water Rights" ) . 2 . Earnest Money. Optionor acknowledges receipt of Fifteen Thousand and No/100 Dollars ($15, 000 .00) in the form of Optionee' s check made payable to "Carlson Associates , Inc. Escrow Account" (the "Earnest Money" ) to be held by Carlson Associates, Inc. ("Broker" ) and either returned to Optionee or delivered to Optionor , in accordance with the terms and conditions of this Option To Purchase. The Earnest Money shall be paid to Optionor if this Option To Purchase is terminated and closing does not occur for any reason , except that the Earnest Money shall be returned to Optionee if satisfactory evidence of title, as provided in paragraph 5 below is not provided, or if closing does not occur because of Optionor ' s default hereunder. 3 . Price. The price for the Property shall be One Million Seventy Four Thousand One Hundred Sixty-Five and 00/100 Dollars ($1,074 , 165.00) . If this Option is exercised and closing occurs , the Earnest Money shall apply to the purchase price, and the balance of the purchase price shall be payable to Optionor by cashiers or certified check , or wire-transfer of funds, at the time of closing. 4 . Exercise of Option. Optionee may exercise this Option by actual delivery, or by mailing written notice, of Optionee' s intention to exercise this Option to Optionor at 11990 Grant Street, Suite 100 , Denver , Colorado, on or before November 10, 1986 ; said notice must be postmarked, or actually delivered to Optionor or Optionor 's representative, not later than the aforesaid date. 5. Title. Within twenty (20) days from the date hereof, Optionor shall furnish to Optionee a commitment for an ALTA Owner ' s Policy Form B-1970 (amended 10/17/70) , from Transamerica Title Insurance Company (the "Title Company" ) showing merchantable title in Optionor , free and clear of all liens and encumbrances. Said commitment shall (a) be dated after the date of this Option, (b) be in the full amount of the purchase price, (c) provide for extended coverage over general exceptions Nos. 1 through S contained in the general form of such title policies , (d) insure access to public roads, (e) provide for the issuance of a 3 .0 zoning endorsement with a commitment to issue an ALTA long form 3 . 1 zoning endorsement upon completion of the Project, ( f) have attached thereto true and correct copies of all documents referred to therein; and (g) commit to issue such other endorsements as Optionee reasonably may request. Each such endorse- ment must be satisfactory in all respects to Optionee. Title to the Property shall be merchantable, free and clear of all liens and encumbrances , and the condition of title ( including zoning) shall permit the construc- tion and operation of the Project referred to below. It is agreed that Optionor may at its option obtain evidence of title to the Water Rights, satisfactory to Optionee, which may include but not be limited to (x) proper searches under the Uniform Commercial Code, (y) an estoppel certificate from an appropriate corporate officer of Farmers Reservoir & Irrigation Co. , and ( z) an opinion from an attorney experienced in dealing with water rights, addressed to Optionor and Optionee, stating that Optionor has good and marketable title to -2- the Water Rights, free and clear of all liens and encumbrances . Optionor agrees to exercise good faith efforts to cooperate with and assist Optionee in obtaining such evidence of title to the Water Rights. Written notice of any defects in title shall be given by Optionee to Optionor or his agent on or before the date of closing , and if such notice is given, Optionor shall use reasonable efforts to correct or remove said defects prior to the date of closing. If any objections to title are made and if such objections are not cured prior to the date of closing , Optionee may either ( i) elect to declare its obliga- tion to purchase null and void, in which event neither party shall be liable for damages hereunder and the Earnest Money shall be returned to Optionee; (ii) extend the date of closing an additional period of time until the title objections have been cured; or ( iii) consummate the transaction in the same manner as if there had been no title objections, withholding from the amount due at closing the reasonable cost of curing such objections in which event the transaction contemplated herein shall consummate on the date of closing. 6. Conditions for Closing . If this Option is exercised, Optionee' s obligation to complete the purchase of the Property shall be subject to the following conditions, all of which must be satisfied prior to and as a condition of closing: a. The Property will be either ( i) zoned Commercial C-3 to permit the construction and operation of a wholesale grocery warehouse and truck, tractor and trailer storage and maintenance facility of at least 375 , 000 square feet, with allowance for expansion to at least 975, 000 square feet together with adequate parking, driveways and entranceways (the "Project" ) , or ( ii) included within an approved planned unit development which contains terms and conditions acceptable to Optionee, and which permits the construction and operation of the Project. b. Optionee shall have obtained a building permit and such other permits, consents and approvals as are required to permit the construction of the Project and other improvements related thereof , or in lieu thereof , Optionee shall have obtained from -3- all necessary governmental authorities evidence satisfactory to Optionee that all conditions for the issuance of such building and other permits, consents and approvals have been met and that they will be issued upon application therefor. c. The soil tests and engineering studies on the Property, the approved accesses ( including curbcuts) thereto and the utilities servicing the Property shall be satisfactory to Optionee in Optionee' s sole discretion. The utilities shall include sanitary sewer and water (adequate to service Optionee' s sprinkler system) , storm sewer , adequate electrical service and gas service. d. Optionor shall have delivered to Optionee the survey referred to below in form and substance acceptable to Optionee. e. Title to the Property (which includes the Water Rights) shall be satisfactory to Optionee as set forth above. f. Amoco Production Company ("Amoco" ) and Champlin Petroleum Company ("Champlin" ) and Optionee shall have entered into an agreement, satisfactory to Optionee, clarifying Amoco' s and Champlin's rights in and to the Property. Optionor agrees to cooperate with Optionee in satisfying said conditions, including, but not limited to, execution of such documents as may be required to verify or obtain the zoning classification and permits described above. Optionor gives permission and agrees to cooperate with Optionee to zone, rezone, plat or replat the Property as may be requested by Optionee. Optionor agrees to execute such applications, peti- tions, documents, agreements, plats and replats as requested by Optionee to accomplish the rezoning and platting of the Property as requested by Optionee. It is understood and agreed that if the conditions referred to above are not satisfied to Optionee' s satisfaction on or before the date of closing , then Optionee, at its option, shall be entitled to cancel and terminate any and all obligations arising in connection with this Option to Purchase and any exercise thereof . -4- 7 . Survey. As soon as possible following the date hereof and in any case prior to closing and as a condition precedent thereto, Optionor shall deliver to Optionee a certified land survey of the Property showing all improvements and encroachments, the certification on said survey to run to the benefit of Optionee and the Title Company. Said survey shall identify the Property by legal description and shall set forth the number of square feet contained within the Property and shall show all natural monuments, existing fences , drainage ditches and/or courses, flood plain limits, any building or other site improvements and/or objects, any right-of-way for streets, alleys or highways, easements and other restriction lines existing and/or proposed which affect any portion of the Property. Optionee shall have the right to raise title objections based upon the survey. 8. Soil Tests. Optionee shall have the right at all times prior to closing to go upon the Property for the purpose of soil borings and other inspections. Optionee shall give Optionor or his agent twenty-four (24) hours advance notice of inspection and hold Optionor harmless from all costs of tests and pay for any damage to the Property caused by said testing . 9. Documents to be Delivered at Closing. If this Option is exercised, Optionor agrees , subject to performance by Optionee, to execute and deliver at closing to Optionee, its nominees , successors and assigns, a general warranty deed for the Property, with appro- priate deed or revenue stamps affixed thereto, conveying merchantable title to the Property to Optionee free and clear of all liens, charges and encumbrances whatsoever . Optionor shall also deliver the share certificates for the Water Rights duly endorsed by Optionor in blank. Optionor shall also deliver to Optionee on the date of closing (a) Optionor ' s affidavit stating that on the date of closing there are no outstanding , unsatisfied judgments, tax liens or bankruptcies against or involving Optionor or the Property, that there have been no labor or material furnished to the Property for which mechanic' s or other liens could be filed, and that there are no unrecorded leases, contracts, easements or other unrecorded interests of any kind related to the Property, and (b) any other affidavits necessary so that the Title Company will provide an extended coverage endorsement over general exceptions Nos . 1 through 5 in the general form of such title policies. -5- At closing the cost of an extended coverage Owner ' s Title Insurance Policy insuring title in Optionee in the amount of the purchase price shall be paid by Optionor . 10 . Closing . The closing shall take place at the offices of the Title Company on November 20, 1986, provided that all of the conditions and contingencies referred to herein have either been satisfied or waived by Optionee in writing, and provided further that Optionee may elect to close earlier . Optionor agrees to close upon ten (10) days' advance notice. Optionee shall have the option to waive in writing any conditions or contingencies set forth herein. 11. Possession. Optionor agrees to deliver possession of the Property to Optionee on the date of closing, except that Optionor may retain possession of the buildings and house on the Property, at Optionor' s sole risk, for fifisl)d up to OaleVy' (W) days following closing. ct sixty (60) 12 . Real Estate Taxes. General taxes for the year of closing, based on the most recent levy and the most recent assessment, shall be apportioned to date of delivery of deed. All special assessments, levied or pending, shall be paid in full by Optionor at or prior to closing. 13 . Notices. All elections, notices and other communications to be given hereunder by either party to the other shall be in writing and served by delivery or sent by certified mail, return receipt requested, postage prepaid, addressed, if to Optionor , at 11990 Grant Street, Suite 100 , Denver , Colorado 80233 ; if to Optionee, to Post Office Box 990 , Minneapolis , Minnesota 55440, Attention: Legal Department; or at such other address as either party may designate to the other by written notice in the manner provided. Any such notices or election shall be effective on the date of delivery or the date of mailing , as the case may be. 14 . Captions. The captions of paragraphs herein are inserted only for convenience and are in no way to be construed as a party of this Option or as a limitation of the scope of the particular paragraphs to which they refer . Y '4 -6- 15. Real Estate Commissions. Optionor represents and warrants that he has not employed any broker or finder or incurred any liability for any brokerage fees, commissions or finder ' s fees in connection with the transactions contemplated by this Option, except for Broker and Sears Real Estate ; Optionor shall indemnify and hold Optionee harmless from and against any and all loss, cost or liability related to any claim by any broker in connection with the transactions contemplated by this Option , including Broker and Sears Real Estate, all of whose commissions and fees shall be paid by Optionor. 16. Soil Conditions. Option represents and warrants that the Property has not been used as a sanitary landfill , dump, industrial waste disposal area or any other similar usage. Optionor represents and warrants that no hazardous or toxic material, as such terms are defined under applicable local , state and federal laws and regulations, exist on the surface or in the subsurface of the Property or in any surface waters or groundwaters on or under the Property. These represen- tations are true on the date of this Agreement and shall be true on the date of closing. Optionor agrees to hold harmless, defend and indemnify Optionee from any loss or liability relating to personal, property or economic injury arising from or related to the presence of hazardous or toxic materials in or on the Property or arising from or related to a breach of these warranties and representations, regardless of when or whether the release of such hazardous or toxic material occurs. 17. Survival. The terms, conditions and covenants in this Agreement shall survive the closing and remain in full force and effect for the maximum period provided by law. 18. Assignment. This Option may be assigned by Optionee. 19. Prohibited Transactions. From and after the date hereof , Optionor shall not enter into any lease or agreement or grant any rights ( including licenses and easements) respecting the Property or give any portion thereof as security for debt or other obligation without the expressed written consent of Optionee. 20. Default. If Optionor shall he in default of any of it os bligations hereunder and such default shall not have been cured within ten (10) days after notice thereof to Optionor , Optionee shall have all rights and remedies available in law or in equity including , -7- but not limited to, the right to require Optionor to perform this agreement specifically. In the event of default by Optionee hereunder (which may occur only after election to exercise this option) , and such default shall not have been cured within ten (10) days after notice thereof to Optionee, Optionor shall have the right to receive the Earnest Money as liquidated damages and not as a penalty as its sole remedy, damages in such event being real and difficult to ascertain. IN WITNESS WHEREOF , Optionor has executed this Option the day and year first above written, intending to be legally bound thereby and warranting authority to execute the same. WITNESSES: OPTIONOR: Frank E. Wilcox STATE OF COLORADO ) ) ss. COUNTY OF ,., ) On this ' /'. day of -( t , 1986 , before me, a Notary Public in and for said County, personally appeared Frank E. Wilcox, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public 090486: 3 0148e —14 -8- Planned Unit Development Change of Zone AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet c= the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this day 19_ by. WITNESS my hand and official seal. My Commission expires: Notary Public F�, r„ CHANGE OF ZONING FOUR Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this day of , 19 WITNESS my hand and official seal. My Commission expires: Notary Public Amoco Production Company Denver Region 1670 Broadway P.O. Boa 800 Denver. Colorado 80201 303-830-4040 David E. Brody Attorney August 12, 1986 RECEI1/ r: AUr, t 4 Stephen Frayser Greeley/Weld County Economic Development P.O. Box CC 1407 8th Avenue Greeley, Colorado 80632 RE: Wilcox Property -- Super Valu Stores, Inc. Dear Mr. Frayser: In accordance with our meeting last week, Amoco and Champlin propose the enclosed agreement for Super Valu's review. Please contact me regarding Super Valu' s comments. If it is acceptable, we can then arrange for signing it. Sincerely, Cerf 447, David E. Br DEB:meb Encl . cc: Molly Sommerville (w/encl . ) Kevin Cope (w/encl . ) AGREEMENT THIS AGREEMENT is made this day of August, 1986, by and between Amoco Production Company ( "moo" ) , Champlin Petroleum Company ("Champlin") and Super Valu Stores, Inc. ( "Super Valu"), and is based on the following premises: WHEREAS, Champlin is the owner of the oil and gas minerals underlying land in the S/2 SW/4 of Section 35, T1N, R68W, Weld County, Colorado (hereinafter "the Property"), WHEREAS, Amoco is the lessee of Champlin's oil and gas minerals underlying the Property, and WHEREAS, Super Valu intends to purchase the surface rights of the Property and to construct a warehouse and related facilities (hereinafter collectively referred to as "the Warehouse") , as depicted on the plat attached hereto (hereinafter "the Plat"), and WHEREAS, Super Valu intends to apply to the Weld County Board of Commissioners to rezone and obtain PUD approval for the Property and the Warehouse, and WHEREAS, the parties desire to protect Champlin's and Amoco's rights and interests to the greatest extent practicable, consistent with Super Valu' s plans to develop the Property, NOW, THEREFORE, based on the above premises and the mutual covenants contained herein, the parties agrees as follows: 1 . DRILLING AND DRILL SITES: Amoco shall have the right to enter upon the Property for the purpose of drilling two wells on the drill site locations designated on the Plat. During any such drilling operations, and for a period of thirty days thereafter, Amoco shall have the right to conduct its activities on an area 250 feet by 250 feet for each drill site. Upon completion of each well as a producer, each drill site shall be 100 feet by 100 feet for so long as each such well is operated as a well capable of producing hydrocarbons in commercial quantities. 2. ACCESS: Commencing with the preparation for drilling one or both such wells, and continuing until both wells are abandoned, Amoco shall have full ingress and egress to the drill sites at any time and for any purpose it desires (related to such wells), either on Super Valu' s proposed fire exit road or on an access road to be constructed by Amoco at its sole cost and expense. 3. TERM: This Agreement shall be effective on the date of this dement and shall continue for as long as Amoco conducts operations on the Property, related to said wells. Amoco has the right, but not the obligation, to drill the wells, and is not obligated to commence any activity on the Property within any specified period of time. 4. COOPERATION: Super Valu shall cooperate with Amoco throughout Amoco's operations on the Property. Super Valu shall not construct any facilities on the Property or take any action that would interfere with or diminish Amoco's or Champlin's interests, without prior written approval . Super Valu hereby waives any objections to Amoco's future operations related to said drilling and production activities. Super Valu further waives any claim for damages resulting from Amoco's activities, provided, however, Super Valu does not waive any claim it might have in the future for damages to the Warehouse or for Amoco's negligence in conducting its operations. 5. APPLICATION: Super Valu' s application to Weld County shall clearly provide that Amoco' s oil and gas drilling and production activities will continue to be a use by right. Super Valu shall provide Weld County with a copy of this Agreement as part of its application. Subject to Super Valu' s compliance with this Agreement, Amoco and Champlin have no objection to Super Valu's application for rezoning to "Planned Unit Development". 6. SUCCESSORS: This Agreement shall be binding upon, and shall inure to the benefit of, the parties' successors, assigns, agents and representatives, including, but not limited to, any operator or assignee that succeeds to the rights and obligations of Amoco. 7. FINAL AGREEMENT; AMENDMENT: This Agreement represents the entire agreement between the parties and shall not be amended, except in writing signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. AMOCO PRODUCTION COMPANY SUPER VALU4 STORESAit . By: By: Attorney-in-Fact Title: CHAMPLIN PETROLEUM COMPANY By: Title: t 88DEB/7 C O t, s.. ti in O t W Ca^L b 4. K Q di O . •p —C1 w d R. t a--3 I. L le ti I 1. Q - •- S 1 V M P - o , v a 9i . 6 • i IL al 1 n I t. E; tr 4i V s 1I if Sr. y] y4 -1 < i •r n 1 to ______./- ...............................-.-----> . Se-I P.U.D. SKETCH PLAN SUBMISSION PROJECT SUPER VALU STORES, INC. LOCATION: Section 35, Township 1N, Range 68, West of the 6th P.M. Weld County, Colorado P.U.D. PLANNING OBJECTIVES 7570R ., F SUPER VALU STORES, INC. PLANNING OBJECTIVES The following data is provided as documentation for the Super Valu P.U.D. sketch plan. These statements address the requirements of the Weld County Planned Unit Development Procedural Guide. The application requirements One, Three, Six and Eleven accompany this submission. In specific we will document requirements Two, Four, Five, Seven, Eight and Nine. Item Ten, the sketch map shall be submitted in our P.U.D. Development Plan. We begin with Requirement Number Two. 2. The Super Valu P.U.D. consists of an approximately 71 .6 acres site on which will be developed a warehouse distribution center. This may include an administration office, a dry grocery section, a perishable foods section and a frozen foods section. At full development of the P.U.D. , the three sections of warehouse will be within one large warehouse building and the office area will be connected as well . A separate guard house will be required near the entrance to the site. There will also beoaitk maintenance/wash facility in a separate building. The approximate size of these buildings at full development will be as follows: Administration Office 60,000 s.f . Dry Grocery section 620,000 s.f . Perishable Food section 135,000 s .f. Frozen Foods section 147,500 s.f. Guard House 800 s.f. Truck Maintenance/Wash 10,000 s.f. Total Buildings 973,800 s.f. The office building may have a separate parking lot of approximately 300 spaces for the employees. The truck dock area will have supporting parking and staging area. The parking area will be approximately 750,000 s.f. water will y' s 4. The storm requirements. The, and sewer systems conform t completed and submitted oata later date. 5. The street system within the site shall be constructed of portland cement concrete and bituminous products. 7. The proposed site does not contain sand or gravel deposits. 8. The proposed property is not located in a flood plain, geological hazard or Weld County Airport Zone. 9. There were no additional requirements discussed with the Planning Staff that needed to be addressed as concerns. Enclosures SKETCH PLAN PLANNED UNIT DEVELOPMENT Department of Planning Services, 15 Tenth Street, Room 342, Greeley, Colorado 80631 :gene: 356-4000, Ext. -.400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO: APPLICATION FEE: ZONING DISTRICT: RECEIPT NO: DATE: APPLIC. CHECKED BY: TO BE COMPLETED BY APPLICANT: (PRINT or TYPE ONLY except for required signatures) : I (we) the undersigned hereby request the Department of Planning Services to review a sketch plan for a proposed Planned Unit Development of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: SE'F ATTACHED SHEET (If additional space is required, attach an additional sheet) . NAME OF PROPOSED PLANNED UNIT DEVELOPMENT Super Valu Stores, Inc. P .U .D. EXISTING ZONING Agricultural PROPOSED ZONING P.U.D. TOTAL AREA (ACRES) 71.61+ NO. OF PROPOSED LOTS One LOT SIZE: AVERAGE N.A. MINIMUM N.A. UTILITIES: WATER: NAME: Central Weld County Water District SEWER: NAME: City of North Glenn/ Septic System GAS: NAME: Public Service Company of Colorado PHONE: NAME: Mountain Bell DISTRICTS: SCHOOL: NAME: St. Vrain Valley School District FIRE: NAME: Brighton Fire Protection District • NAME OF APPLICANT Super Valu Stores Inc. ADDRESS 11840 Valley View Road, Eden Prairie 55344 PHONE 612/828-4000 NAME OF APPLICANT ADDRESS PHONE NAME OF APPLICANT ADDRESS PHONE %C�L2✓1'�---� Signature: 4plicant or Aµthorized Agent IP THAI PAR1 OF THE SOU1H ONE-HALF SOUIHWES1 ONE-QUARTER SEC110N 35, TOWNSHIP 1 NOR1H, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DESCRIBED AS: BEGINNING Al THE SOU1HEAS1 CORNER SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, THENCE N.00°17'17"E. ALONG THE EAS1 LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 30.00 FEET 10 THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 2, THENCE N.89°59'22"W. ALONG SAID RIGHT-OF-WAY LINE AND PARALLEL WITH THE SOU1H LINE SAID SOU1H ONE-HALF SOUTHWES1 LLINEQOFRSTATE HIGHWAYE#1185, THENCEFN.75°055'22"W. ALONG N HSAID E PAPPARENT AREN1 SRIGH1-OFGWAYTERLY O Y OF 1999.22 LINE NG ID AY DISTANCECOFO99.04 FEET, THENCENN.19°17043"W. ALONGOSAIDAAPPARENTERIGHIGOF-WAYWLINEIAE A DISTANCE Of 985.80 FEET TO A POINT ON A CURVE TO THE LEFT. THE RADIUS OF SAID CURVE IS 5830.0 FEET. THE DELIA OF SAID CURVE IS 2°36'55" , THE CHORD OF SAID CURVE BEARS N.02°41 '17"E. 266.10 FEET, THENCE ALONG SAID CURVE AND ALONG SAID APPAREN1 RIGHT-OF-WAY LINE A DISTANCE OF 266.11 FEET 10 A POINT ON THE NORTH LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, SAID POINT BEING 99.40 FEET EAST OF THE NORTHWEST CORNER SAID SOUTH ONE-HALF SOUTHWES1 ONE-QUARTER, THENCE S.89°58' 53"E. ALONG THE NOR1H LINE SAID SAIDHSOUTHHONE-HALFHSOUTHWES1QONE-QUARTEER, THENCEEF5.00°17'07"W. ALONG 2544. 3 FE1 TO E1HEER EAST S CORNER LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 1297 .80 FEET TO THE TRUE POINT OF BEGINNING. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 WILLIAM S. SHARPE 8300 Irving Street 1467-35-000-003 Westminster, CO 80030 STATE OF COLORADO 1467-35-000-005 KIPPUR IRVING 105 So. Monaco 1467-35-000-008 Denver, CO 80222 LUTHERAN CHURCH EXTENSION 133,3 So. Kirkwood Road 1467-35-000-024 FUND. MISSOURI SYNOD. St. Louis. MO 63122 A MISSOURI CORP, -EABCARET. GAIL. & SAM KAT$ 10185 F. Lake Drive 1467-34-000-010 FRED J. RGMAKER Enelewood. CO 80111 11701 Community Center Drive 04 Of orf/! Tenn Northglenn, Colorado 80233 g Phone(303)451-8326 August 13, 1986 Stephen Frayser Greeley/Weld County Economic Development P. O. Box CC Greeley, CO 80632 RE: Development at I-25 and Baseline Road (Frank Wilcox - 72 Acres) Dear Mr. Frayser: I understand that the development of seventy-two (72) acres of the Wilcox property will require a public sewer source. The City of Northglenn is interested in providing wastewater service to this parcel. The City of Northglenn operates a wastewater treatment plant within a mile of the property. We do have adequate capacity to serve the proposed commercial operations . This letter of interest to provide sewer service is subject to a contract for wastewater service between the City and developers . Upon designation as the wastewater management agency, for this area, we will provide sewer service. Sincerely, Tom Ambalam, P.E. Director of Natural Resources TA/slm xc: David A. Hawker Water and Sanitation Board Jerry Raisch ,In � „ iNION . IA. UNION RURAL ELECTRIb ASSOCIATION, INC. iiU7 P.O. BOX 929 (303) 659-0551 e ® Brighton, Colorado 80601 ENTERPRISE 222 August 12, 1986 Mr. Stephen Frayser, Director Greeley/Weld County Economic Development P. O. box CC Greeley, Colorado 80632 Re: Super Valu Project Dear Mr. Frayser: The area east of I-25 and 168th Avenue, Super Valu project, is within the service territory of Union Rural Electric Association, Inc. Union is willing and able to supply the electrical facilities to this site in accordance with our Rules and Regulations and Line Extension Policies on file at Corporate Headquarters, 18551 E. 160th Avenue, Brighton, Colorado, 80601. If you have any questions or I can be of any assistance, please feel free to call me. Sincerely, UNION RURAL ELECTRIC ASSOCIATION, INC. Dorthy Ruggles Supervisor Engineering Support Services DR:bw 'A Consumer-Owned Utility Serving Five Front Range Colorado Counties" 0 Public ServicePublic Service 300 Retail Center, Broomfield, CO 80020 Company of Colorado it August 15, 1986 Mr. Steve Frayser Director, Greeley and Weld Co. Economic Development 1407 8th Ave. Greeley, CO 80631 RE: SuperValu—Property Northeast of Hwy. 7 and I25 Dear Mr. Frayser: Public Service Company of Colorado will serve the above referenced project with natural gas service, based on the rules and regulations for gas service extensions on file with the Public Utilities Commission of Colorado. Project plans and projected loads are necessary to design the extension and are required in this office a minimum of 5 months before construction is initiated. If I can be of further assistance, please feel free to contact me. Sincerely, taint/ j1-4- Ann Stringfellow Marketing Engineer AS/ka 28 SOIL SURVEY 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited to all crops com- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- • All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIle nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. 41—Nunn clay loam, 0 to 1 percent slopes. This is a Most nonirrigated areas are used for small grain. The deep, well drained soil on terraces and smooth plains at soil is summer fallowed in alternate years. Winter wheat elevations of 4,550 to 5,150 feet. It formed in mixed allu- is the principal crop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small, wheat can be seeded. Generally precipitation is too low long and narrow areas of sand and gravel deposits and for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding. Such practices as stubble mulch farming, striperopping, Some small leveled areas are also included. and minimum tillage are needed to control soil blowing Typically the surface layer of this Nunn soil is grayish and water erosion. brown clay loam about 9 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loam about 14 inches thick. The upper grams. Several mid grasses, such as western wheatgrass part of the substratum is clay loam. The lower part to a and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. tion ranges from 1,600 pounds per acre in favorable years Permeability is moderately slow. Available water to 1,000 pounds in unfavorable years. As range condition capacity is high. The effective rooting depth is 60 inches deteriorates, the mid grasses decrease; blue grama, buf- or more. Surface runoff is slow, and the erosion hazard is falograss, snakeweed, yucca, and fringed sage increase; low. and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. It nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ- Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes, on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is 3 tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage, Sideoats grama, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prac- grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. suitable for seeding. The grass selected should meet the All methods of irrigation are suitable, but furrow ir- seasonal requirements of livestock. It can be seeded into rigation is the most common. Barnyard manure and com- a clean, firm sorghum stubble, or it can be drilled into a mercial fertilizer are needed for top yields. firm prepared seedbed. Seeding early in spring has Windbreaks and environmental plantings of trees and proven most successful. shrubs commonly grown in the area are generally well Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competing shrubs commonly grown in the area are generally well -vegetation should be continued for as many years as suited to this soil. Cultivation to control competing possible following planting. Trees that are best suited and r-,-• n. l 17 ° -‘42 t y, '• 42 41 11 ‘-'411$2- B2 c,42a 10` m 2 .' ' , . f0 lio "^rt23 79 "tea 1 water i �• 83 ' '.H3.._„- it ra a r ., i4 i' t • . 40 .. �yif�¢ 6667 56 179- �—�� 67 ' 66 57 79• . .,v. r 7,, 5fi 57 i ..��'." .. J9 et as . _ �' ,wnic 26 w,. 66 •- aF ~' 57 , 66 • .r . . •/ ; 67 1_k 67 S w a' r - ^ -- Y, 1 Z , 1S 'I► ni, r i a • : 4 . ., 1> C .. r-- --... om% ��: '�, 10';'•-••i L_- :' 66 ,yG, 67 L 'N"' '-.4i~t�A . \ f *INt. lamas ; x 1' .-... - r,3 It d�1. t3...,:- 66 11YY x. 5 e i yy • C : • 77. - 66 O 4. _5 57 ?�/; ii•\::7-- f, � w �, •� "r „^tL,"� �� O ri I- 4.2 4 S. l 105'00' 1 1, ., This map is compiled on 1974 aerial 5 000 4 000 it'`0G photography by the U S. Department of Agriculture. 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