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Home My WebLink About861032.tiff RESOLUTION RE: APPROVE FINAL PLANNED UNIT DEVELOPMENT PLAN - 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, the Board of County Commissioners held a public hearing on the 29th day of October, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of considering the Final Planned Unit Development Plan submitted by Super Valu Stores, Inc. , 11840 Valley View Road, Eden Prairie, Minnesota 55344 , and WHEREAS, said Final P.U.D. Plan concerns the following described real estate, to-wit: Part of the S1 SWa, Section 35 , Township 1 North , Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and , having been fully inform, 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 . 3 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28 . 4 . 2 . 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. 861032 Page 2 RE: FINAL PUD PLAN - SUPER VALU STORES, INC. II. The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located. III. The application materials demonstrate that the use which would be allowed under the proposed Planned Unit Development Plan 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. IV. The application materials demonstrate that the uses which would be allowed under the proposed Final 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 service 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 uses will be a single warehouse user and the oil and gas production facilities , which will be compatible with one another. 861032 Page 3 RE: FINAL PUD PLAN - SUPER VALU STORES, INC. 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. 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. V. The Final Planned Unit Development Plan is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County , Colorado, that the Final Planned Unit Development Plan on the hereinabove described parcel of land be, and hereby is , approved subject to the following conditions: 1 . The City of Northglenn intends to provide 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 Site. 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 Site. 4. The applicant or property owner shall provide Weld County with the following additional right-of-way dedication : 861032 Page 4 RE: FINAL PUD PLAN - SUPER VALU STORES , INC. 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. Prior to the issuance of any building and electrical permits for structures , the applicant and or owner shall comply with the following: a. The applicant shall obtain an access permit from the Colorado State Highway Department . Evidence of an approved permit shall be delivered to the Department of Planning Services. b. A drainage plan for the Planned Unit Development site shall be reviewed the approved by the Weld County Engineering Department. Evidence of approval shall be delivered to the Department of Planning Services. c. Evidence from the Colorado Geological Survey indicating all of its concerns have been satisfied shall be delivered to the Department of Planning Services. 7 . Conditions 1 through 6 shall appear as notes on the Final Planned Unit Development Plan. 8 . Prior to recording, the Final Planned Unit Development Plan shall be amended to reflect the following: a. 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. 861032 Page 5 RE: FINAL PUD PLAN - 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: j3 { s �f WELD COUNTY, COLORADO Weld County Citerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Jacqueli a on , Chairman T BY: O2..arr Gor.jer . Lacy, Pry' em Deput 'Count lerk APPROVED AS TO FORM: ene R. Brantner _ C.�R! y Y� �� /� r County Attorney ` �f�j��; rjj FYank Yam cnil/ 861032 HEARING CERTIFICATION DOCKET NO. 86-56 RE: FINAL P.U.D. PLAN - SUPER VALU STORES, INC. P.U.D. 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 Final P,U.D. Plan for the Super Valu Stores, Inc. P.U.D. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, of the Planning Department, read the favorable Planning Commission recommendation, subject to nine Conditions, into the record. (Tape Change #86-73) Testimony from the Change of Zone hearing was incorporated into this Final P.U.D Plan hearing. After discussion concerning Condition 9, Commissioner Brantner moved to approve the Final P.U.D. Plan, subject to the Conditions and findings as read by Ms. de Besche. Commissioner Yamaguchi seconded the motion. Commissioner Lacy then moved to amend the motion to delete Condition 9 and amend Finding IV, item 4, to provide that there be only one access from Weld County Road 2. Commissioner Yamaguchi seconded the motion which carried by a unanimous vote. The motion for approval of this request carried unanimously. This Certification was approved on the 3rd day of November, 1986. APPROVED: `tea • BOARD OF COUNTY COMMISSIONERS ATTEST: � „ n? WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL and Clerk to the Boa Jacqueline o n, C, :irman By: 02tzsi/ Deputy 96uhty C Go acy, P'o- m Gene R.yBB��//rantner C./Kirby "' Fra Yam c TAPE #86-72 & #86-73 DOCKET #86-56 PL0060 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 It// i z /67O ,seDw, 9 g47 7 t/ ro Lje- c 4,v":" �i211-ric-j �.� �₹=tf'" �4 �'OS- —7-1-1,7111:1-/P -/�d7N=P. 0 c./-vial . J c-r/c�.lL�.i�7c -17,7‘ :/ 46., 0 /")'��..">` /!(); �y�'7T�t' C e—r-c- cy 6/-17'/ j•t -r"t<�r/i, J//`4 Z /A)66K-- 7 2qg CO, ti/C1±' Si , BC-CL'irm1i'epte `mot /�c P /.4L v 0/1 CmiPtc6 . J qib(51-(44-07 A14411114111\ rA" 14G.- n L pu�cv t.1i -/( Zv '.�',1Ja Peg Dl'v,v�r S .hcv �'q, INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 7=7c /Zc i1 Submitted or Prepared • Prior to Hearing At Bearing 1. Application 2.I Pages 2. (_) Application plat(s) ( page(s) /U op/ C6Z —[— I / 3. DPS ReferraL.Summary Sheet 4. BPS Recommendation i/ ' • 5. . DPS Surrounding Propery Owner Mailing List • 6. EPS Mineral Owners Mailing List v 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing Vv., PkCv Q —0.- W v 9. DPS Case Summary Sheet 10. DPS Field Check �� —�J 11. —/m�1Y o ,1n7 � G�2LLt/[�/Y G1�.`,.^�cg /OM�^�/. 12 c a &LJ' £ F� 9 Gam° 8-/02 7/d tz 13.p` ,Su1x40 74/w/ ft ciu^f-4' g///s 1/ 14. r 1 0 I 4 a-1 ` or d�lit l}-y1, ' i 7/�/i L. 15. I , r( r Dyr 7j n /IMO / l� • 16•( , U at(�� 7vaH £ iolth SPshree 17. l- Q d--tW ra to / P!/ 18. c'YV CclJ Y /6( 7/1�ad 19. 20. I hereby certify that the g--items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify t t items were forwarded to the Clerk to the Board's office on /O a ''ese 19 Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 26. DAY OF oeihtite 198b • SEAL CII*K9R.J.I.J140k4L, My Commission Expires May 27, 1989 NOTARY PUBLIC ExniMir i C MY COMMISSION EXmIRFS . . EXHIBIT INVENTORY CONTROL SHEET / Case e/14?". (// / Exhibit Submitted By Exhibit Description A. , _ ' � �: , '. t ' 7�772 B. f y C i0Z'y D. /2 .7,0e / ✓JJTia r �� E. L07 r✓979/eo-zo≥ _st ,T X99 fi F. G. H. I. J. R. L. M. N. 0. 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 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 Final P.U.D. Plan 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. 86-56 Super Valu Stores, Inc. 11840 Valley View Road Eden Prairie, MN 55344 DATE: October 29, 1986 TIME: 2:00 P.M. REQUEST: Final P.U.D. Plan - Super Valu Stores, Inc. P.U.D. 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 n. , .fin r..... Pursuant to the zoning laws of thWee State tyZof oingdo in the AFFIDAVIT OF PUBLICATION a ea Zoning will Orbe heldce public h hearing will be dd of the C mbersComm of the Board Wof eld County Commissional el of unty County,Centennial Colorado,Cent, Weld 10th THETHE JOHNSTOWN BREEZE Street, irsts Floor,915 reeley, Colorado, at the time•specified! STATE OF COLORADO ) All perabns in any manner 1 SS interested In the following Final COUNTY OF WELD P.U.D. Plan are requested to attend and may be heard: 1, Clyde Briggs, do solemnly swear that I Should the applicant or any am publisher of The Johnstown Breeze; interested Parry desire the that the same is a weekly newspaper presence of a court reporter to make a record of the pro- printed, in whole or in part, and published endings,in addition to the taped record which will be kept during in the County of Weld, State of Colorado, the hearing, .the Clerk to the and has a general circulation therein, that Board's Offe shall be advised in writing of such action at least five said newspaper has been published days of engaging gi gthea hearing. macost continuously and uninterruptedly in said shall be borne byathe requesting County of Weld for a period of more than parry. fifty-two consecutive weeks prior to the BE IT ALSO KNOWN that the first publication of the annexed legal notice text and maps so certified by the Weld_County Planning Commis- or advertisement; that said newspaper has sion may be examined iard of s the office of the Clerk to the B been admitted to the United States mails as o County Commissioners, located second-class matter under the provisions of in the Weld County Centennial the Act of March S, 1879, or any amendments thereof, and that said Center, 915 10th Street Third newspaper is a weekly newspaper duly Floor, Greeley, Colorado, qualified for publishing legal notices and APPLICANT q advertisements within the meaning of the 11840`Vallley Stores, laws of the State of Colorado. Eden Prairie, MN 55344 That the annexed legal notice or advertise- DOCKET NO. 88-58 ment was published in the regular and DATE: October 29, 1986 entire issue of every number of said weekly TIME: 2:00 P.M. newspaper for the period of " consecu- tive insertions; and that the first REQUEST: Final P.U.D. Plan publication of said notice was in the issue of Super Valu Storer, Inc. P.U.D. said newspaper dated 9-16.. A.D. 1996 LEGAL DESCRIPTION: Part of and that the last publication of said notice the Syr Section-35, Town- ship 1 North, Range 88 West of was in the issue of said newspaper dated the 6th Colorado P.M., Weld County, , A.D. 19 BOARD OF COUNTY. - In witness whereof I have hereunto set COMMISSIONERS my hand this .2..c day of ... !/— WELD COUNTY, A.D. 19.Q6 COLORADO BY: MARY ANN FEUERSTEINCOUNTY ///+✓/�/) �,-/.1--<' K AND RECORDER ANDRCLERK ( l / Publisher TO THE BOARD ✓ BY: Mary Reiff, Deputy DATED: September 22, 1986 Subscribed and sworn to before me, a PUBLISHED: September 25, Notary Public in and for the County of 1986, in the Johnstown Breeze Weld, State of Coloradp,.this ..2..6. day of 1e.l4 A.D. 19.x6.. Notary Public_ My c°9rxmiFss„!..°"sepfrres Jor.r.;1,:.wn, CC 6')534 AFFIDA V'IT OF PUBLICA LION 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, a daily newspaper printed, in hol in part, published in public hearing will be held In the Chambers of the whole or and Board of County Commissioners of Weld County, the City of Longmont, County of Boulder, State of Colorado, and Colorado, Weld County Centennial Center, 915 10th Street,First Floor,Greeley,Colorado,at the which has general circulation therein and in parts of Boulder and time edi specified.All following persons in any omanner Inter- ested r- Weld Counties; that said newspaper has been continuously and SShould the appliicantt or any Ine terested party de- uninterruptedly published for aperiod of more than six months sire the presence of a court reporter to make a record of the proceedings,in addition to the taped next prior to the first publication of the annexed legal notice of record which will be kept during the hearing,the Clerk to the Board's Office can be contacted for a advertisement, that said newspaper has been admitted to the list of court reporters In the area. If a court re. porter Is obtained,the Clerk to the Board's Office United States mails as second-class matter under the provisions shall be advised in writing of such action at least five days prior to the.hearing.The coat of engag' of the Act of March 3, 1879,or any amendments thereof, and that IIW a court reporter shall be borne by the requeat- ln0party. said newspaper is a daily newspaper duly qualified for BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commis publishing legal notices and advertisements within the meaning the Boardoff eCountydn the rce Commissioners,the located to of the laws of the State of Colorado; that a copy of each number of the Weld County Centennial center, 915 10th Street,Third Floor,Greeley,Colorado. said newspaper, in which said notice of advertisement was DOCKET NO.86.56 APPLICANT ublished, was transmitted by mail or carrier to each of the p Super Valu Stores, inc.11840 Valley View Road 4 subscribers of said newspaper, according to the accustomed Eden Prairie,MN 5554 P DATE:October 29,1986 mode of business in this office. TIME' 2:00 P.M. REQUEST: Final P.AI.D. Plan — Super Valu Stores,Inc. P.U.D. rt of the That the annexed legal notice or advertisement was published LEGAL 35,DESCRIPTION: oowni1North, Range 8/West'of the 6th P.M.,Weld County,Colorado BOARD OF COUNTY in the regular and entire edition of said daily newspaper once; WELD COMMISSIONERS 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 newspaper dated October 15 19 86 ember 22,1986 Publishhetl inithe Dail Times Call, Longmont, Colo.Oct.15,1986. Associate Editor RosinessAstmeages> Subscribed and sworn to before me this ] 5th day of October ' ,19 86 / tary Public °T^Rr My Commission E1fMM October 6, 1989 24 . 00 717 - 4th Avenue FEES f� �eu° Longmont Colorado 80501 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. .) Summary of the Weld County Planning Commission Meeting October 21, 1986 Page 4 Debbie deBesche reported the staff feels an improvements agreement is not applicable to this request because it is a single use. However, this decision will be made by the Board of County Commissioners. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicants if they had reveiwed the recommendtions and conditions as outlined by the Department of Planning Services staff. Mr. Slinger stated they have and agree with conditions one through eight. They also feel they do not need an improvements agreement. Lee Morrison explained the way #9 is written, the Board will make the decision concerning the improvements agreement. The improvement to outside highways are to the state, and the state has not asked for this. MOTION: Lynn Brown moved Condition #9 remain as written with the Board making the final judgement as to whether or not an improvements agreement is needed. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman asked that reading of the recommendations and conditions as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Louis Rademacher moved Case Number S-268:86: 13 for Super Valu Stores, Inc. , for a Final Plan of a Planned Unit Development be forwarded to the Board of • County Commissioners 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 Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting October 21, 1986 Page 5 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, as long as we are not assured this will be connected to a sewage treatment facility it should not be approved. Ann Garrison - Yes; Jack Holman - Yes. Motion carried with five voting for the motion and one voting against the motion. APPLICANT: Gilcrest Sanitation District REQUEST: Site application for wastewater treatment plant modifications and effluent system LEGAL DESCRIPTION: NW} NW} of Section 27, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the northeast side of the Town of Gilcrest. APPEARANCE: No one was present to represent the applicant. Therefore this request will be moved to the last item on the agenda. CASE NUMBER: S-264:86:9 APPLICANT: Martin and Wilma J. Oase REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 The Chairman announced the applicants have requested this application be continued until the regularly scheduled meeting of the Weld County Planning Commission co be held on Tuesday, November 4, 1986, at 1:30 p.m. , to allow time for the applicant to resolve the problems identified by the Colorado Geological Survey and the Weld County Health Department regarding the method of sewage disposal. The Chairman asked if there was anyone in the audience who was present to hear this request. There was no one. MOTION: Louis Rademacher moved Case Number S-264:86:9 for Martin and Wilma J. Oase for a subdivision preliminary plan be continued until the next regularly scheduled meeting of the Weld County Planning Commission to be held on November 4, 1986, at 1:30 p.m. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. 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 - COZ , 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: 2i./ 519 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 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown 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: t;'F!'.t pruvty CASE NUMBER: S-268:86:13 NAME: Super Valu Stores, Inc. 0CT 241986 ADDRESS: 11840 Valley View Road, Eden Prairie, MN 55 .t /,30 1 g vUI REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of Si SWi 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 be recommended favorably to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with application requirements of Section 28.5.3 of the Weld County Zoning Ordinance. The rezoning request is in conformance with Section 28.3.2. 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 Final Planned Unit Development Plan conforms to the Planned Unit Development district in which it is proposed to be located. III. The application materials demonstrate that the use which would be allowed under the proposed Planned Unit Development Plan 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. D � a S-2688613 Super Valu Stores, Inc. October 21, 1986 Page 2 - 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 1-25 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. The application materials demonstrate that the uses which would be allowed under the proposed Planned Unit Development Final 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 Northgleun 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 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. - 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. S-268:86:13 Super Valu Stores, Inc. October 21, 1986 Page 3 V. The Planned Unit Development Final Plan is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the 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 Site. 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 Site. 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. Prior to the issuance of any building and electrical permits for structures, the applicant and or owner shall comply with the following: S-268:86:13 Super Valu Stores, Inc. October 21, 1986 Page 4 - The applicant shall obtain an access permit from the Colorado State Highway Department. Evidence of an approved permit shall be delivered to the Department of Planning Services. - A drainage plan for the Planned Unit Development site shall be reviewed and approved by the Weid County Engineering Department. Evidence of approval shall be delivered to the Department of Planning Services. - Evidence from the Colorado Geological Survey indicating all of its concerns have been satisfied shall be delivered to the Department of Planning Services. 7. Conditions 1 through 6 shall appear as notes on the Planned Unit Development Final Plan. 8. Prior to recording, the Planned Unit Development Final Plan 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. 9. In accordance with Section 28.4.2.1.6.6 of the Weld County Zoning Ordinance, the Board of County Commissioners shall determine whether an Improvements Agreerment or contract shall be required for the Planned Unit Development Final Plan before a final decision is made. Motion seconded by Ann Garrison. VOTE: For Passage Against Passate Lynn Brown Paulette Weaver Lee Ann Reid Louis Rademacher Ann Garrison Jack Holman S-268:86:13 Super Valu Stores, Inc. October 21, 1986 Page 5 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. O\6 CA Bobbie Good Secretary ADDITIONAL COMMENTS Super Valu Stores, Inc. S-268:86: 13 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. Date: October 21, 1986 CASE NUMBER: S-268:86: 13 NAME: Super Valu Stores, Inc. ADDRESS: 11840 Valley View Road, Eden Prairie, MN 55344 REQUEST: Planned Unit Development Final Plan 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 28.5.3 of the Weld County Zoning Ordinance. The rezoning request is in conformance with Section 28.3.2.1 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 Final Planned Unit Development Plan conforms to the Planned Unit Development district in which it is proposed to be located. III. The application materials demonstrate that the use which would be allowed under the proposed -Planned Unit Development Plan 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. C - -1 ^) S-2688613 Super Valu Stores, Inc. Page 2 IV. The application materials demonstrate that the uses which would be allowed under the proposed Planned Unit Development Final 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. - 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 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. - 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. V. The Planned Unit Development Final Plan is located in a geologic hazard overlay, but subsidence does not affect the property. No other overlay districts affect the site. S-268:86:13 Super Valu Stores, Inc. Page 3 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 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 Site. 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 Site. 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. Prior to the issuance of any building and electrical permits for structures, the applicant and or owner shall comply with the following: The applicant shall obtain an access permit from the Colorado State Highway Department. Evidence of an approved permit shall be delivered to the Department of Planning Services. S-268:86: 13 Super Valu Stores, Inc. Page 4 - A drainage plan for the Planned Unit Development site shall be reviewed and approved by the Weld County Engineering Department. Evidence of approval shall be delivered to the Department of Planning Services. - Evidence from the Colorado Geological Survey indicating all of its concerns have been satisfied shall be delivered to the Department of Planning Services. 7. Conditions 1 through 6 shall appear as notes on the Planned Unit Development Final Plan. 8. Prior to recording, the Planned Unit Development Final Plan 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. 9. In accordance with Section 28.4.2.1.6.6 of the Weld County Zoning Ordinance, the Board of County Commissioners shall determine whether an Improvements Agreerment or contract shall be required for the Planned Unit Development Final Plan before a final decision is made. ADDITIONAL COMMENTS Super Valu Stores, Inc. S-268:86: 13 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. LAND-USE APPLICATION SUMMARY SHEET Date: October 14, 1986 CASE NUMBER: S-268:86:13 NAME: Super Valu Stores, Inc. ADDRESS: 11840 Valley View Road, Eden Prairie, Minnesota 55344 REQUEST: Planned Unit Development Final Plan 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 28.3.2 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 recommendations 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 - Colorado Geological Survey 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: Super Valu Stores, Inc. REQUEST: Change of Zone from A (Agricultural) to Planned Unit Development. LEGAL DESCRIPTION: Part of the Si SW} of Section 35, T1N, R6SW of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, east of 1-25, 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. By:/ . / 'R; c4L iO! g Debbie L. deBes he Current Planner • • • 4. a •• la :;LIIE • . 3' • •,, t GRof 34 L •® . r' • • (7Q . �i .�._-, !_..Q.,. 4/r. A. . " 5'i I • 32A 3;� ' T 4 •I s .[ �� 71. e.. '�' • ^ 1 ..L •: �4 II I . xx �p3l 12 1 „ �I 30 . rCZCr us en 1 is • ° •..s . . e *T.. .. s•�1.. .a f ,7`\ ` .❑ Awnr ii uE \ . w x1 :�' 1 • Er6ala ,w J'� ;4 73 _x, . ...:,�� co .wo. ; no •s� y xI 23• V-- E • . . --• •7 td<A9ouA oNO51/L\/'J/V 'r • v.a n •r•\ :•s >x 26 j • II.As rE REC. 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REFERRAL LIST APPLICANT: Super Valu Stores, Incorporated CASE NUMBER: S-268:86:13 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 Drive X Weld County Health Dept. Northglenn, CO 80233 X Engineering Department X Central Weld Water District V —' 2235 2nd Avenue X State Engineer Greeley, CO 80631 (/ Division of Water Resources 1313 Sherman St. , Room 818 x Colorado Geological Survey Denver, CO 80203 1313 Sherman Street Room 703 X State Highway Department Denver, CO 80203 1/ 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 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 VVV / c/o Kenneth Timmerman 425 South Main Brighton, CO 80601 NO=No Objection SR=Specific Recommendations NR=No Response (-40/ / mEnDm aiq Debbie deBesche To Current Planner Date October „ 986 COLORADO From Drew L. Scheltinqa, County Engineer 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 regarding 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. o EV E :,07 101986 'hid Cu. ?fanning Commission DLS/bf xc: Planning Referral File: Super Valu Stores 7-6? Cdtc- RICHARD D. LAMM Q' "Nt • JERIS A_ DANIELSON Governor `" °i State Engineer i Yq WG * /876P/ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 BI ti�1 D5))1)[\GCS�. , (303) 866-3581 — r 0 _, 1980 August 27, 1986 L] Weld Co. Planning Comroissioa 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, Ha l D. Simps P.E. Deputy State Engineer HDS/JRH/8341H STATE OF COLORADO DIVISION OF HIGHWAYS Eui oc ti P.O. Box 850 JfFla��s Greeley, Colorado 80632-0850 " (303) 353-1232Ztoccp8 o‘P 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. %' 1986 J view etr. Pianairig Cammiss oo 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 CHOTVACS DIST ENGINEER � John Crier • trict 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 _229 September 8, 1986 1 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 definative 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 Weld 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 i /lh rt I cc: Tom Ambalan, City of Northglenn o Mark Speed, Manager of Supply and Treatment, Thornton Utilities Anne Bockenkamp, Adams County Planning Department Members of the Thornton Planning Commission JArthur E. Pizzano, Deputy City Manager Christopher Burkhardt, Chief of Plans Implementation Froda Greenberg, Planner II Martin Landers, Utilities Coordinator File • E DP FA ff _rU \,ii. -_-, _,) ‘,„„dc,. Planning fimmiss'on <'fi� ran tic. 9500 C:.c Cents• D Thornton. Colcracc e0229 i302i 452.1001 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 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. t lF ,'- 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 truly yours, 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 0ECE VE AUG 191986 II { Weld Co. Planning Conilsioa c . Bureau of Fire Prevention • Brighton Fire Protection District Brighton,Colorado August 15 , 1986 .'Y Y }: , if— < rnY F ., ...• .::. F `G t.S >` iYP v> ".:f: t; Department of Planning Service - PI 915 . 10 St. �. .. Greeley, Colo. , 80631 ,- Re: Docket No. 86-45 _ u Attn: Chuck Cunliffe -a�" - - -. w - r 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 1 sic'" v`" District`.with the following conditions : - 1 — ,,, _ F: .. 1 ;_ Plans provide for adequate water supply for fire 5 fighting purposes. 2. '' All plans to be submitted and approved by the g ;. , Brighton Fire Prevention Bureau. Turnaround is a ,.sa 'r� `" a tw# r4 minimum of seven (7) working days. r ' - „--, ,r , # Plan, reviewlfees per District schedule will be char ed ""1;.�'if?" ,tw;2'' ° ,�'^'4-44:1s+ if.you have any questions regarding these conditions, please `' Y`•" t s call my office. C- 4 t `- ₹`i4 4x' �'} 0 \t. C� •- �Sincerely, AUG 191986 d t, David W. Bruns Fire Inspector Yield Co. Planning Commisstao nwP/ml, 425 South main Street • Brighton,Colorado 8O6O1 . 659-41O1 f DEPAR i . ,ENT OF PLANNING SERVICES e t� >�fr. � s .� PHONE(303)356-4000 EXT. 4400 1 �aa� RIENI b�. 915 10th STREET �• GREELEY,COLORADO 80631 -.4 C• 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 Si SWI 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. x 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 refer to the enclosed letter. //77 —� "` Central Weld County Signed eL.C !-.' , ILm.i-CA"geafy: Water District Date: October 7, 1986 Dale D. Olhausen Secretary-Manager in di dgl /furb_' u,FII-1, , ...r :,,T! ��C ^ U bie L. deBescne �,—.__._.._ ,tom Current Planner �I t; 1986Li —4- J WeM Co. Planning cnmuuSSim DEPA ENT OF PLANNING SERVICES L4: j I 1,16e ^, PHONE 1,303)3564000 EXT. 1400 L 915 10th STPEET ,�,` GREELEY,COLORADO 80631 v RT w ' 4 T F �. P n iv 3t Y' M• v- t }. "� • COLORADO September 30, 1986 TO: SURROUNDING PROPERTY OWNERS Case Number: S-268:86: 13 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 Stores, Inc. FOR: A Planned Unit Development Final Plan 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 S-268:86: 13 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 Kars Fred J. Ramaker 10185 East Lake Drive Englewood, CO 80111 \k Ole DEPARTMENT C CANNING SERVICES "stay'?0 at O%' 0 :lilt m 0 0 a 0 9 Irving Kippur oMEMO-LEFT NO,DDRESS 105 South Monaco J Denver, CO 80222 OFC;;�flARDING 0RDER EMI w ;D SUCH NW:a cc ED t:0i (N07eN --� 0 WIGAN i ❑REFUSED tip ;_ 'T ' 022461 ;p1;T,•v� 1 IN ti - ( 1 c:i ii„i,I1,,,I:i:lol i:: ;Lli.d TO: SURROUNDING PROPERTY OWNERS Case Number: S-268:86:13 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 Stores, Inc. FOR: A Planned Unit Development Final Plan 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 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 i) �O . , J2161f/ v D 1986 Weld Co, Platm,g Ay ,'lissim, DEPART ENT OF PLANNING SERVICES s s`.vT PHONE(303)356-4000 EXT. 4400 `�` 915 10th STREET r GREELEY, COLORADO 80631 I 'L•t .> O COLORADO September 30, 1986 TO: MINERAL OWNERS AND LESSEES OF MINERAL OWNERS Case Number: S-268:86:13 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 Planned Unit Development Final Plan 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; adjacent and and north of Weld County Road 2 You have an interest in the mineral tights 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 S-268:86:13 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 ,f -, .,. P.U.D. UNIT DEVELOPMENT 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 7574R 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, Nine, Ten, Thirteen, Twenty-Four and Twenty-Seven accompany this submission. In specific we will document requirements Three through Eight, Eleven and Twelve, Fourteen through Twenty-Three, Twenty-Five and Twenty-Six. The applicant acknowledges his responsibility for the documentation of Items Twenty-Eight and Twenty-Nine at the time of their occurrence. We begin with Requirement Number Three. 3 & 4 Letters from the utility companies have been submitted with the Sketch Plan application. We are currently working out the specific agreements with the respective utilities and will submit them when they are finalized. 5. There are no proposed new easements or right-of-way in the P.U.D.Howeer ement 99 pge 477 mustvbe�relocated.the WYCO PiCurrently, wepeline y are snegotiating dwithnWYCO tolthisaend. 6. No improvements agreement is required at this time. 7 & 8 Within the limits of the P.U.D. there are no areas to be dedicated to public bodies. 11 & 12 At this time there are no applicable deed restrictions, covenants, grants of easements or restrictions governing future use of land within the P.U.D. 14. A be submitted with the final design documents. yf the ehway t will bming. The application shall 15 & 16 The ownersrhaveed beenst of submittedowithsthedSketchal Planners and lessees of mineral submittal .ill be ed ith 17. The full and Aesoilsesurveylhasport beenwincludeduwithtthewSketche final Plan submittal . 18 & 19 Co with Complete pleted grading, drainage the final design eets agps, street plans and profiles will be 20. 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 be a truck 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. 21 . The P.U.D. is for a grocery distribution center and the necessary supporting buildings. At full development it is anticipated that the annual sales will reach approximately $700 million. This will be staffed by 750 employees with the center operating three shifts for 6 days per week. The P.U.D. also allows for access to the oil mineral rights by Amoco Oil Company as shown on the P.U.D. Plat. 22. The entire 72± acre parcel will be owned and operated by a single user, Super Valu. Therefore, the site open areas will be the areas as shown on the P.U.D. plat as undeveloped. These areas will be landscaped with natural grasses native to the area and shrubs. The landscaping will be similar to and blend in with the existing surrounding environment. 23. As the P.U.D. will be owned and operated by a single user, there is no need for screening or buffering of non-compatible uses, therefore, none is planned. 25. The anticipated schedule for construction would have the warehouse and general offices beginning late fall of 1986 and being completed by the first quarter 1988. The remaining expansions shown on the P.U.D. Plat as dashed lines will take place over a five-ten year period as the business needs dictate. The maintenance building and guard house will be constructed during the first phase as stated above. 26. The financing for the development of the P.U.D. will be by internally generated cash flow by Super Valu Stores, Inc. Super Valu is the nations largest food wholesaler with annual sales for FY1986 at $7.9 billion. Our Retail Support Centers are located in many parts of the country such as Washington, Montana, Pennsylvania, Georgia, Minnesota and Colorado to name a few. The Denver division is currently experiencing good growth and the new and existing business will be the prime source for funding of this project. -e PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services. 915 - 10th Street . Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: cvv ATTACHED SHEET (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION Super Valu Stores, Inc. P .U .D. EXISTING ZONING Agricultural PROPOSED ZONING P.U.D. TOTAL AREA (ACRES) 71.61+ NO. OF PROPOSED LOTS One LOT SIZE: AVERAGE N.A. MINIMUM N.A. UTILITIES: WATER: NAME Central Weld County Water District SEWER: NAME City of North Glenn/ Septic System GAS: NAME Public Service Co. PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME St. Vrain Valley School District FIRE: NAME Brighton Fire Protection District DESIGNERS' NAME PIANMARK ADDRESS 11840 Valley View Road Eden Prairie MN 55344 PHONE 612/828-4500 ENGINEERS' NAME Same • ADDRESS PHONE FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME ADDRESS PHONE NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. HENNEPIN C ..., COUNTY OF W$bD- ) /- STATE OF E9T.B 9 ) /f'! 7��'/11� ;/ MINNESOTA Signature: Owner of :luthoryzed Agent Subscribed and sworn to before me this 18th day of September 19 86 . ,..y LYNMI , JEURISSEN n . NOTARY PUBLIC-MINNESOTA SCOTT COUNTY / ) My Commission Expires Oct.10,1990 •-. . • Ea tLt/YlJ e( %1 l T RY PUBLIC My commission expires: 10/10/90 f7.c U., . 104-79-026 WCDPS-78-1 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 AT 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-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 SOUTH LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 1999.22 FEET TO A POINT ON THE APPARENT EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 0185, 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 IS 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 NORTHEAST CORNER SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER, THENCE S.00°17 '07"W. ALONG 1HE EAST LINE SAID SOUTH ONE-HALF SOUTHWEST ONE-QUARTER A DISTANCE OF 1297.80 FEET TO THE TRUE POINT OF BEGINNING. '4 r P.U.D. PLAN ITEM TWO As project manager and a professional engineer, the complete design of the project is under my responsibility. This includes but is not limited to coordinating all site, utilities and buildings designs and ensuring that they are proper and conform to all applicable codes and regulations. PLANMARK James K. Slinger, P.E. Project Manager P.U.D. PLAN ITEM NINE COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company r AMOUNT PREMIUM Carlson Associates OWNER $ 1 . 074_ 165_00 $ 2 ,098. 25 11990 Grant St. , #100 MORTGAGE g $ Northglenn, CO 80233 ADDITIONAL CHARGES g Attn: Clay Carlson COST OF TAX CERTIFICATE $ L J SURVEY COSTS $ TOTALS $ Your Reference CC's To: No, 8022551 C Chamber of Commerce/Steve Fraiser Other County No. 3405669 TA-Metro North/Glenna Sheet 1 of L Corner of I-25 & Weld County Rd #2 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Glenna/tlf By Margaret A. Stephenson Phone: 450-2275 AUTHORIZED SIGNATURE The effective date of this commitment is AI1gi,st 7 , 1986 at 7 :00A. M. At which time fee title was vested in: FRANK E. WILCOX SCHEDULE A 1. Policies to be issued: (A) Owners': SUPER VALU, INC. , a Colorado Corporation (B) Mortgagee's: kck/ Fong No.C.142.1 Rev.7441 8022551 Sheet 2 of 7 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: That part of the 51 SW: Section 35 , Township 1 North , Range 68 West of the 6th P.M. , described as : BEGINNING at the Southeast corner of S1 SW:; thence N00°17 ' 07"E along the East line said S1 SW; a distance or 30 .00 feet to the TRUE POINT OF BEGINNING, said point being on the North right-of-way line of Weld County Road No. 2 ; thence N89°59 '22"W along said Right-of-Way line and parallel with the South line said S1 SW1 a distance of 1999 .22 feet to a point on the apparent Easterly right-of-way line of State Highway #185; thence N75°55 '22"W along said apparent right-of-way line a distance of 154 .60 feet; thence N49°28' 00"W along said apparent right-of-way line a distance of 99 .04 feet; thence N19°17 ' 13"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 is 5830 .0 feet, the delta of said curve is 2°36 ' 55" , the chord of said curve bears N02°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 91 SWk, said point being 99 .40 feet East of the Northwest corner said 51/2 SW1; thence S89°58' 53"E along the North line said S4 SW1 a distance of 2544 .03 feet to the Northeast corner said S1 SW1: thence S00°17 ' 07"W along the East line said 51/2 SWA. a distance of 1297 . 80 feet to the TRUE POINT OF BEGINNING. Form No.C-1,l.! 8022551 Sheet 3 of 7 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Certificate of Incorporation or Certificate of Good Standing of SUPER VALU, INC. , a Colorado Corporation, issued by the Secretary of State of Colorado, must be delivered to and approved by Transamerica Title Insurance Company. B. Deed from FRANK E. WILCOX to SUPER VALU, INC. , a Colorad6 Corporation • Form No.C-142.7 8022551 Sheet 4 of 7 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. All coal and other minerals within or underlying said lands, the exclusive right to prospect in and upon said land for coal and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone; the right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of coal, mineral, machinery, or other material; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the forms of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Deed recorded August 20, 1901 in Book 183 at Page 306, and any interests therein or rights thereunder. 7. Right of said party of the first part to construct and maintain ditches and laterals over and across said premises for the purpose of watering other lands of said party of the first part from the 1 irrigating system of The Community Consolidated Canal and Reservoir " _ Company, as resreved by The Denver Land Company in Warranty Deed recorded June 3, 1908 in Book 233 at Page 420, in which the specific location of said right of way is not defined. Form No.C-148.4 Rev.418-O6 8022551 Sheet 5 of 7 SCHEDULE B---Continued 8. Standley Lake Canals No. 1 and 2 and the Bed of Big Dry Creek and any and all rights of way therefor, as evidenced by Map and Statement filed March 24 , 1909 as Filing No. 139312, insofar as the same may affect subject property. 9 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas or the products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 14, 1947 in Book 1199 at Page 477, in which the specific location of said easement is not defined. 10. Right to deny or restrict each and every right of access to and from the Land insured hereby, directly onto abutting street or highway designated as State Highway No. 185, along or across a line described as follows: FI 002-1(9) Parcel No. 1 East Line Beginning at a point on the North line of the SW/ of the SWh of Section 35, Township 1 North, Range 68 West of the 6th P.M. , in Weld County, Colorado from which the Southwest corner of Section 35, bears S4°36 ' 30"W a distance of 1332. 5 feet; 1. thence along the arc of a curve to the right a distanc of 434. 8 feet, the radius of which arc has a length of 5830 .0 feet and the chord of which arc bears S3°21'W a ditance of 434 .7 feet; by reason of grant or relinquishment of said access right by deed from Frank E. Wilcox and Barbara A. Wilcox, to The Department of Highways, State of Colooado, recorded May 27, 1953 in Book 1357 at Page 389. 11. Easement and right of way to construct, operate and maintain its electric transmission lines, as granted to Public Service Company of Colorado in instrument recorded August 29, 1955 in r` Book 1427 at Page 630, affecting the following described property: A right of way 75 feet wide, 371 feet on each side of a center line beginning at a point 476. 1 feet North and 199 . 2 feet East of the Southwest corner of Section 35; thence N22°52 'E 154 feet to a point; thence N0 °32 'E 698 feet more or less to the North boundary of said S1/2SW1/2 of Section 35. -gym Form No.C-142.5 8022551 Sheet 6 of 7 SCHEDULE B—Continued 12. Easement and right of way for the purpose of construction and maintenance of an irrigation ditch as granted to William S. Sharpe and Thelma C. Sharpe in Permanent Easement recorded September 29, 1959 in Book 1541 at Page 440, a ffecting the following described property: A tract or parcel of land in the SW: of the SW; of Section 35, Township 1 North, Range 68 West of the 6th P.M. , in Weld County, Colorado said tract or parcel being more particularly described as follows : Beginning at a point on the North line of the SW; of the SW; of Section 35, Township 1 North, Range 68 West, whence the Southwest corner of Section 35 bears S4°38 'W a distance of 1332. 5 feet; 1. thence, along the arc of a curve to the right a distance of 266 . 1 feet, the radius of which arc has a length of 5830. 0 feet and the chord of which arc bears S2°31' 30 'W, a distance of 266 . 1 feet; 2. thence S19°27 'E a distance of 25. 2 feet; 3 . thence along the arc of a curve to the left, a distance of 290 . 3 feet, the radius of which arc has a length of 5840. 0 feet and the chord of which arc bears N2°38 'E, a distance of 290 . 2 feet to the North line of the SW4 of the SW1 of Section 35; 4. thence along the North line of the SWk of the SWk of Section 35, S87°56 'W, a distance of 10 .0 feet, more or less, to the point of beginning. 13. Easement and right of way for the purpose of construction and maintenance of an irrigation ditch, as granted to William S. Sharpe and Thelma C. Sharpe in Permanent Easement recorded September 29, 1959 in Book 1541 at Page 441, affecting the following described property: A tract or parcel of land in the SWk of the SWk of Section 35, Township 1 North, Range 68 West, of the 6th P.M. , in Weld County, C000rado, said tract or parcel being more particularly described as follows: Beginning at a point from which the Southwest corner of Section 35, ; . a Township 1 North, Range 68 West, bears S5°41' 30"W, a distance of l `\;' 1,069 .0 feet; 1. thence S19°27 'E, a distance of 1,003. 3 feet to the East existing right of way of S.H. 185; 2. thence along the East existing right of way of S.H. 185, N46°30 'W, a distance of 22.0 feet; 3. thence along the East existing right of way of S.H. 185, N19°27 'W a distance of 960.6 feet; 4 . thence along the arc of a curve to the left having a radius of 5 , 840.0 feet, a distance of 25. 2 feet, the chord of which bears N3°56 'E, a distance of 25 . 2 feet, more or less , to the point of beginning. Form No.C-142.5 8022551 Sheet 7 of 7 SCHEDULE B—Continued NOTE: The following notices pursuant to CRS 9-1.5-103 concerning . underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Union Rural Electric Association, Inc. , recorded October 5 , 1981 in Book 949 as Reception No. 1871004 . (c) Western Slope Gas Company, recorded March 9 , 1983 in Book 990 as Reception No. 1919757. (d) Colorado Interstate Gas Company recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (e) Western Gas Supply Company, recorded April 2 , 1985 in Book 1063 as Reception No. 2004300 . (f) Associated Natural Gas , Inc. , recorded April 23 , 1986 in Book 1110 as Reception No. 2050953 . Form No.C•142.5 Transamerica Title Insurance Company Arapaho-Douglas Lorimer 2000 West Liroeton Boulevard 151 west Mountain Avenue L helon.Colorado 80120 Forl Collins Colorado 60521 (303)795-4000 13031493-6464 Denver-Adams Mesa 800 Lawrence Street 531 Rood Avenue Denver Colorado 80202 Grand Junction Colorado 81501 1303)291-4800 (303)234-8234 • Boulder Pitkln 1317 Soruce Street 601 East Hopkins Street Boulder Colorado 80302 Aspen Colorado 81611 (3031443-7160 13031925-1786 Eagle Pueblo 0020 Eagle Road 827 North Main Street Eagle-veil Colorado 81656 Pueblo Colorado 61003 1303)949.5613 (303)543-0451 El Paso Rouft-Jackson 418 South weber Street 507 Lincoln Street Sot 773588 Colorado Springs Colorado 80903 Steamboat Springs.Colorado 80477 (3031634-3731 (303)879.1611 Jefferson Weld 1675 Carr Street 9,8 Tenth Street Lakewood Colorado 80215 Greeley Colorado 60631 (303)231-2800 (303)352-2283 irr Transamerica Title Services CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. P.U.D. PLAN ITEM TEN STATE OF COLOR. ) S. S. CERTIFICAT_ JF TAXES DUE COUNTY OF WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, as appears of record in the office,on the following described property,to-wit: R NO. 0 34.;'7 lll: .', Y4.1•'s :!5 i rrt r )C; 'A ]:id 6 c..:JI f'XC UP•I I Pi S`_) ARCEL r3t -' "! )i)0 R ,. AME :I:L..f:;OX i F: $Id l( Iii: 'ENDOR i0. CI.. •' i I:::L..S'C)N XCEPT— 5 Ili ` ('_:, -- 9 it , ;: 4 TUTAL.. AMOUNT D)UE. FOR THIS PARCEL -- ¶1 ) , 00 • This does not include land or improvements assessed separately or special District assessments unless specifically requested. In Witness Whereof, I have hereunto set my hand and seal, this ailiGUS1 14 , 1 `sib FRANCIS M.LOUSTALET 19 k. 'TAXES' ['Al D "' - TREASURER OF WELD COUNTY By �' sl.��i7 1i' 77 /./,r/ r. P.U.O. PLAN ITEM THIRTEEN t Y 1 ce- ' JISr,,,, :i1J GRAFT, AHOLT AND THOMSON, P.C. J, r' ATTORNEYS AND COUNSELLORS AT LAW JOHN P *KOLT.JR SUITE 300, 7430 EAST CALEY AVENUE JOHN P. AI 0LT B0 -i9 T6 ROBERT P GRAFT ENGLEWOOD, COLORADO BO111 ALEX P ER L.TH CHAE ER L.TYeoRYLA AREA CODE 303 MICHAEL TJ ERINE a[ NANCY CRNERINE SHEA August 15 , 190FYri 773-8881 , L) 0 1356 Hand-Delivered ' '" " Weld County Department of Planning 915 Tenth Street c N'- Greeley, Colorado 80631 C ""'` to Re : Farmers Reservoir and Irrigation Company Gentlemen : Mr . Clay Carlson has requested that we provide a letter concerning the potential development of a parcel of land in the S1/2 of the SW1/4 , Section 35, Township 1 North , Range 68 West , in Weld County. The Farmers Reservoir and Irrigation Company owns and operates an irrigation canal across this parcel which may impact the potential of development of the site. Our firm is general counsel for the Farmers Reservoir and Irrigation Company. In other locations throughout the Front Range where the Farmers Company has its irrigation system, the Company has cooperated with landowners to allow for development . I expect that the Farmers Company would do so in the present circumstances , as well. The Company has , in other locations , cooperated with moving irrigation canals , locating them in pipelines or other structures to permit development , or otherwise attempted to accommodate requests for development . The Company does , of course , insure that the operation of its irrigation system is not adversely affected , and in exchange of rights of way , land or other interests in property, it insures that it has adequate title to relocated areas and that relative values are maintained . We have not had any details of the request presented and therefore cannot comment specifically on the project under consideration, however this letter is simply to state that the Farmers Company does cooperate with landowners in considering various alternatives that may be presented . Very truly yours , hn P. Akolt , III JPA/cb cc : Albert Sack , President . " Hello