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Home My WebLink About992149.tiff MEMORANDUM TO: The Board of County Commissioners COLORADO FROM: Kim Ogle, Planner SUBJECT: USR-1217, Faith Tabernacle Church The Department of Planning Services'staff is recommending an indefinite continuance of USR-1217 for the following reasons: At the Planning Commission hearing on August 3, 1999, the commissioners expressed several concerns regarding the Boomerrang Lateral Ditch, located on the west and north sides of the church property. Specifically, the placement of the surrounding church structures relative to the irrigation ditch and the ability of the ditch to continue to serve the neighbors to the east of the church property has been questioned. Additionally, the Weld County Health Department is concerned with the proximity of the ditch to the proposed primary and secondary leach field locations. At present Planning Staff and Health Department Staff have not received the engineered drawings for placement of the ditch into an enclosed subsurface pipe for review as was requested of the applicant at the Planning Commission Hearing. Second, Mr. Perdew, pastor of Faith Tabernacle Church, has not met with the surrounding neighbors to discuss the situation regarding providing adequate water from the ditch to the properties to the east. Given that these issues remain outstanding, the Department of Planning Services' staff is recommending an indefinite continuance of USR-1217 until sucI-time—that the above conditions can be met. Iris SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT Li.o n-19 use 4/2.0 From: "David Siple" <DSIPLE@patinaoil.com> To: CENTDOMAIN.CENTPOST(CHARDING) Date: 9/7/99 3:08pm Subject: Docket#99-56, T5N, R66W, Section 16: SW With respect to the referenced docket number, please be advised that Patina Oil & Gas Corporation ("Patina") is the owner of certain oil and gas leasehold rights under the referenced lands (the "Lands") and operates the Weiderspon J 16-13 well (the "Well"). The Well is located approximately 175 feet from Lot 7, Block 1of the Peterson-Alexander Subdivision. Patina has an existing Access Road Agreement which provides for access to the Well. Patina is very concerned about the impact the Site Specific Development Plan will have on Patina's ability to develop, produce, operate and maintain the Well on the Lands. Patina has not waived any rights it has to access the oil and gas under the Lands. Patina requests assurance from Weld County and the applicant that the Development Plan will not block access or preclude Patina from producing, operating and maintaining the Well on the Lands. Any approval of the Development Plan should be conditioned upon the preservation of Patina's real property rights that allow it to access the Well and make a reasonable use of the surface of the Lands for oil and gas development. Patina requests that these comments be entered into the record for this matter. Sincerely, David W. Siple — Vice President, Land i-4 EXHIBIT F 145k 072/7 From: CAROL HARDING To: SMTP("DSIPLE@patinaoil.com") Date: 9/13/99 10:00am Subject: Docket#99-56, T5N, R66W, Section 16: SW-Reply Regarding your recent correspondence to the Board of County Commissioners, please be advised that USR #1217 for Faith Tabernacle Church (Docket#99.56) was continued to October 13, 1999, at 10:00 a.m. David&Shannon Urano - - 6841 West 28th Street Greeley CO 80634-9656 „7 ,fSeptember 13, 1999 Pastor Donny Perdew C' Faith Tabernacle '•- - _ _ 3501 11th Avenue Evans CO 80620 Dear Pastor Perdew, Now that a new school year has begun,scheduling meetings has become more complex. In the past,it has been difficult to arrange meeting times over the phone when Shannon and I, Gary and Teresa Weiderspon,and yourself could all meet together.We want to facilitate the creation of an agreement that will address our issues with the development of the church's property at 28th Street and 71st Avenue. As a meeting place,we suggest the College Center, located on the Greeley campus of Aims Community College(see attached map).In an attempt to make scheduling a meeting easier,we have selected the following dates and times when all of us would be available to meet with you. Wednesday Sept. 15 8:00 AM- 12:00 PM Thursday Sept. 16 6:00 PM- 8:00 PM Friday Sept. 17 8:00 AM- 12:00 PM Please select a time that will work for your schedule.To confirm the selected meeting date,contact us at least the day before using the telephone numbers given below. If there is no answer,please leave a detailed message. If you have an alternate location in mind,please include that in your message as well as a telephone number we can call to confirm the meeting. If the times listed above do not fit into your schedule,please make a similar list of dates and times that work for you and send it to us as soon as possible.Please include any alternate locations that you suggest. Sincerely, av‘c._ David&Shannon Urano 330-3982 Gary&Teresa Weiderspon 6923 W 281h Street Greeley CO 80634 ?I an n l n 6 ..di-'- 330-6553 SEP 16 1999 RECEIVED cc: Gary&Teresa Weiderspon cc: Kim Ogle,Weld County Department of Planning EXHIBIT I usl2 -#all i .4- / �. � � x 7 II • ?' � 1 d' i N s, 11 ' \(> d`, \ E i I Eug o ;g :e111 I T, d 1., \ 1� :mss ' \, ', � i 11 Si ( err f jl Si;\'', g t l 89 \, i , , [ -- - - '<\ '" ) _ 3 -i (,. p .. I i I in, i so,,,,,., i:( N. , II z\. / 1/214cv .2 • a it, gate i G� OS# to,.-- i 5W � a `Gd (CI d 21ii ` S 1 P Es "'999 4 1 c-, J y \ Li L x' �'Od"•F Faith Tabernacle Church - - P.O.Box3412 Greeley, CO 80633 5 f r=,� September 21, 1999 David and Shannon Urano 6841 West 28th Street Greeley, CO 80634 Dear David and Shannon, Enclosed you will find a copy of the drainage and grade plan to include the irrigation ditch design. We apologize for the delay and any inconvenience that this may have caused you. Please review the plans for comments or acceptance. We would like to set up a meeting with Mr.and Mrs.Weiderspon, our engineer and yourselves as soon as possible. It was suggested that we meet at the Aims College Center and if this is still okay it will be fine with us. Pastor Perdew is going to be out of town a few days this week but is available to meet with everyone with the dates and times listed below. Thursday September 23 3:00 pm—6:00 pm Sunday September 26 1:00 pm—5:00 pm I ran these dates by our engineer and he is available to meet at these times also. I just need to give him enough time to plan accordingly. Please let me know as soon as possible on which dates will work for each of you. If these will not work please let us know of times that will. If need be I am available to meet with everyone Monday thru Friday,between 3:30 pm—5:30 pm as a church representative to go over any questions that need to be addressed by either party and our engineer is able to address questions concerning the irrigation ditch. I have listed below several phone numbers that I can be reached at: Daytime work 9am—3 pm 330-6151 Church office after 3:30 pm or leave message 339-3578 Or feel free to call the Pastor's home and leave a message 454-3160 We hope to hear from you as soon as possible. Sincerely, ' Kaylun Watson Church Secretary L i 1999 CC/Gary and Teresa Weiderspon RtAadVED EXHIBIT I u usl2 #,a/) Faith Tabernacle Church P.O.Box 3412 Greeley, CO 80633 - September 21, 1999 Gary and Teresa Weiderspon 6923 West 28th Street Greeley, CO 80634 Dear Gary and Teresa, Enclosed you will fmd a copy of the drainage and grade plan to include the irrigation ditch design. We apologize for the delay and any inconvenience that this may have caused you. Please review the plans for comments or acceptance. We would like to set up a meeting with Mr.and Mrs.Urano,our engineer and yourselves as soon as possible. It was suggested that we meet at the Aims College Center and if this is still okay it will be fine with us. Pastor Perdew is going to be out of town a few days this week but is available to meet with everyone with the dates and times listed below. Thursday September 23 3:00 pm-6:00 pm Sunday September 26 1:00 pm—5:00 pm I ran these dates by our engineer and he is available to meet at these times also. I just need to give him enough time to plan accordingly. Please let me know as soon as possible on which dates will work for each of you. If these will not work please let us know of times that will. If need be I am available to meet with everyone Monday thin Friday,between 3:30 pm—5:30 pm as a church representative to go over any questions that need to be addressed by either party and our engineer is able to address questions concerning the irrigation ditch. I have listed below several phone numbers that I can be reached at: Daytime work 9am—3 pm 330-6151 Church office after 3:30 pm or leave message 339-3578 Or feel free to call the Pastor's home and leave a message 454-3160 We hope to hear from you as soon as possible. Sincerely, Kaylun Watson Church Secretary CC/David and Shannon Urano _' EXHIBIT us2#42/7 - 011 .tatu)' MEMORANDUM TO: Kim Ogle, Planner DATE: September 29, 1999 FROM: Donald Carroll, Engineering lilet igligC SUBJECT: USR-1217; Faith Tabernacle Church COLORADO Weld County Public Works has received the traffic impact analysis study and the drainage report. My comments and requirements are as follows: 1. Storm Water Drainage Report: Total Engineering Services has completed the drainage report. The hydrology of the site was analyzed using the Rational Method and engineering judgement to determine the historical five-year storm falling on an undeveloped site. The size of the detention pond was determined by analyzing the 100-year storm event flow minus the release rate, as a function of time. The five-year historic release rate was determined to be 2.89 cfs. The release flow will flow to the north in a twelve-inch diameter pipe restricted by an orifice plate in the detention pond inlet. The detention pond was designed to detain the 100-year storm event runoff while releasing at the five-year historic rate. 2. Traffic Impact Analysis: The US Highway 34 Bypass - 71st Avenue intersection and the 71st Avenue - 28th Street intersections are presently under stop sign control. In order to assess operating conditions with Faith Tabernacle fully developed, highway capacity analysis procedures were utilized at each key intersection. Analyses were undertaken for the initial phase, the short- term and the long-term conditions. Phase I is indicating that a stop sign be placed at the south access Traffic volumes at the US 34 Bypass - 71st Avenue intersection were also reviewed. At this location, however, all applicable auxiliary lanes are currently available. Given the times of day and days of week that the Church will be operating, no additional storage or other improvements were deemed necessary. Long-term widening of 71st Avenue to a minor arterial road is proposed with traffic signal installation at the US 34 Bypass - 71st Avenue intersection. 3. Parking: As per the plat drawing, 63 total parking spaces will be available. Phase I meets the parking requirements. 4. Access: The applicant is identifying two access points onto WCR 29 (71st Avenue). Both accesses shall require adequate sized culverts and a stop sign. WCR 29 (71st Avenue) has an average daily traffic count of approximately 800 vehicles in a 24-hour period. The City of Greeley has identified WCR 29 (71st Avenue) as a minor arterial and has annexed within one half mile of this location. The typical cross section reflects a minor arterial requires 90 feet of right-of-way between intersections and 120 feet at the intersection. There is presently 60 feet of right-of-way and an additional 15-feet should be reserved for future build out. Attached is the detailed #S-5 from the City of Greeley to verify the typical cross section. veld County Planairg I -3k cc: USR-1217 plan36 OCT 04 1999 EXHIBIT RE � � 4 S ) a 3 II t . I3 120' I iI tI. I 14' 92' I� I4' I —12' 4' 12' 12' 12' 12'=12' 4' 12'+ I 1 TURN BnnElI LANE LANE TURN LANE LANE BIKE TURN II I LANE AN EJ 2X�It—.-I---I2' (3) LAN LANE I I SLOPE 2XE I /I i 1 -7.5' 6' - 4 6' 1-7.5 I AT INTERSECTIONS FOUR LANES WITH LEFT TURN LANE r I I 90' 31 1 1 O� It 60' IS - 3 ' Ci 1 ' 12' 12' 12' 12' 6'� �� LBIKE ANE LANE LANE LANE�LANE BIKE I 2% SLOPE YX�3LAPEANE' I �I 2L-i 5' e'—I CURB AND GUTTER TYPE 2 , 1 SECTION II-B MODIFIED (TYP.) \ r"�'-I"'8.5'--I SEE STANDARD DETAIL S-17 BETWEEN INTERSECTIONS FOUR LANES NOTES: I. CUT AND FILL SLOPES SHALL BE A MAXIMUM OF 4:I. 2. RIGHT OF WAY a EASEMENT AREAS SHALL BE GRADED (CUT B FILL) TO SUBGRADE (+1-0.5) AT UTILITY LOCATIONS INCLUDING SERVICES, PRIOR TO UTILITY INSTALLATION. 3. NORMAL CROWN SLOPE IS 2%. WITH SPECIAL DESIGN REVIEW, I% TO 4% IS ALLOWABLE AT TRANSITION AND OTHER NON-NORMAL SECTIONS. STANDARD ROADWAY SECTION ....__ MINOR ARTERIAL L IIII City of \Greeley/ DETAIL NO. S-5 Public Works 6-i5 Department DATE: APRIL, 1996 Ila SCALE: N.T.S. • October 9, 1999 Gary and Theresa Weiderspon 6923 W. 28th Str. Greeley, CO 80634 and David and Shannon Urano 6841 W. 28th Str. Greeley, CO 80634 Faith Tabernacle Church P.O. Box 3412 Greeley, CO 80633 Attention. Pastor Danny Psrdewt. In reference to the meeting of October 4, there continues to be several unresolved issues. At the end of the meeting, we agreed to contact you after we had a chance to meet with each other, and discuss the blueprint and information provided at the meeting. regardirgthe Greeley Loveland Boomerang # 1 ditch. We contacted Greeley Loveland Ditch Company, and it was determined that all terms we proposed to you were reasonable and should definitely be included in the agreement. We learned of additional engineering information necessary regarding the proposed plan for the ditch. Gary Weiderspon attempted to contact Total Engineering and left a message on the answering system on Friday, October 8, requesting information regarding Hydraulic Calculations for the ditch, and a profile of the pipe through the property. We have not heard from Tom Cope yet regarding this. In addition, we learned that NO rooting landscape may be planted near the ditch and planting must be limited to sod in areas surrounding the ditch. We would like to meet with you again regarding an agreement as we get more information. There remains several important issues that must be addressed. S rely, etAr v,.,e�-�'1.'a G {B �+^i L 4 �. <G Gary Weiderspon Theresa Weide spon David Urano Shannon Urano 4.014 �x.* Y { Re ¢ v The Greeley and Loveland Irrigation Co. � 808 TWENTY-THIRD AVE. GREELEY, COLORADO 80631 October 11, 1999 PHONE 352-0495 Mr. Gary Weiderspon 6923 W. 28th Street Greeley, Colorado 80634 Dear Mr. Weiderspon; As an answer to your inquiry of how the Greeley and Loveland Irrigation Company handles development situations in which existing facilities are relocated, rerouted, placed underground, or in any other ways modified, I can provide the following information. The Greeley and Loveland Irrigation Company has been in existence since approximately 1890 in the Greeley area and 1875 in the Loveland area. Its facilities are constantly being modified by municipal development in both cities as well as in Weld and Larimer Counties. Therefore the Company follows certain procedures and has minimum requirements that must be met when development modifies existing conditions with irrigation structures. Since all modifications being done are to enhance the development project and at the request of the developer or builder, it is required that he pay the costs of the construction work as well as the design engineering, and all review of the modifications by the irrigation company. The Company uses the services of a consulting engineer who bills them for his review. This review is necessary to protect the integrity of the ditch system. When it receives the billing from the engineer for the review, the Greeley and Loveland then bills the developer or builder for reimbursement of its expenses. This is also true of any legal expenses that Greeley and Loveland occurs as a result of having to draft agreements or defending itself from various claims, damages, or encroachments on its rights that are a direct result of the project of the developer or builder. As to design elements, the Board of Directors of Greeley and Loveland rely heavily on the recommendations of its consulting engineers. Items considered include: 1) capacity of all new pipelines and structures, 2) all relocated facilities must not modify the existing flow characteristics of the ditch system in any way including the raising of the water line or decreasing the water velocity, 3) all sections of the relocated or rebuilt system must be accessible at all times for maintenance, 4) manholes must be provided at intervals that allow underground pipelines to be cleaned with available equipment including vacuum trucks; 5) manholes or access holes must be provided at all locations where pipelines change directions; 6) elevations where the water enters new pipelines or facilities and where they discharge must remain the same as are existing prior to the work, and 7) all landscaping that includes the planting of trees or large shrubs must remain far enough from the pipeline so that their growth and roots will not create a maintenance problem. I hope that this information is helpful to you in working through the modifications to your irrigation supply ditch being done by the church in their planning and building. If you have any questions, feel free to call me at 352-0495. Sin ely, /{ l Rona d Brinkman, Manager Greeley& Loveland Irrigation Co. • October 9, 1999 veld County Plan-i'rg ' ti OCT 1 '1 1999 Gary and Theresa Weiderspon 6923 W. 28th Star. R E C "kr "- Greeley, CO 80634 and David and Shannon Urano 6841 W. 28th Star. Greeley, CO 80634 Faith Tabernacle Church P.O. Box 3412 Greeley, CO 80633 Attention. Pasto.r Danny Pardews In reference to the meeting of October 4, there continues to be several unresolved issues. At the end of the meeting, we agreed to contact you after we had a chance to meet with each other, and discuss the blueprint and information provided at the meeting, regarding the Greeley Loveland Boomerang # 1 ditch. We contacted Greeley Loveland Ditch Company, and it was determined that all terms we proposed to you were reasonable and should definitely be included in the agreement. We learned of additional engineering information necessary regarding the proposed plan for the ditch. Gary Weiderspon attempted to contact Total Engineering and left a message on the answering system on Friday, October 8, requesting information regarding Hydraulic Calculations for the ditch, and a profile of the pipe through th.e property. We have not heard from Tom Cope yet regarding this. In addition, we learned that NO rooting landscape may be planted near the ditch and planting must be limited to sod in areas surrounding the ditch. We would like to meet with you again regarding an agreement as we get more information. There remains several important issues that must be addressed. S rely, /1 -/1/ att&aLila tor, isiZz I) may, Gary Weiderspon Theresa Weiderspon David Urano /-Shannon Urano UXH1BiT IASeTind7 The Greeley and Loveland Irrigation Co. 808 TWENTY-THIRD AVE. GREELEY, COLORADO 80631 October I I, 1999 PHONE 352-0495 Mr. Gary Weiderspon 6923 W. 28th Street Greeley, Colorado 80634 Dear Mr. Weiderspon; As an answer to your inquiry of how the Greeley and Loveland Irrigation Company handles development situations in which existing facilities are relocated, rerouted, placed underground, or in any other ways modified, I can provide the following information. The Greeley and Loveland Irrigation Company has been in existence since approximately 1890 in the Greeley area and 1875 in the Loveland area. Its facilities are constantly being modified by municipal development in both cities as well as in Weld and Larimer Counties. Therefore the Company follows certain procedures and has minimum requirements that must be met when development modifies existing conditions with irrigation structures. Since all modifications being done are to enhance the development project and at the request of the developer or builder, it is required that he pay the costs of the construction work as well as the design engineering, and all review of the modifications by the irrigation company. The Company uses the services of a consulting engineer who bills them for his review. This review is necessary to protect the integrity of the ditch system. When it receives the billing from the engineer for the review, the Greeley and Loveland then bills the developer or builder for reimbursement of its expenses. This is also true of any legal expenses that Greeley and Loveland occurs as a result of having to draft agreements or defending itself from various claims, damages, or encroachments on its rights that are a direct result of the project of the developer or builder. As to design elements, the Board of Directors of Greeley and Loveland rely heavily on the recommendations of its consulting engineers. Items considered include: 1) capacity of all new pipelines and structures, 2) all relocated facilities must not modify the existing flow characteristics of the ditch system in any way including the raising of the water line or decreasing the water velocity, 3) all sections of the relocated or rebuilt system must be accessible at all times for maintenance, 4) manholes must be provided at intervals that allow underground pipelines to be cleaned with available equipment including vacuum trucks; 5) manholes or access holes must be provided at all locations where pipelines change directions; 6) elevations where the water enters new pipelines or facilities and where they discharge must remain the same as are existing prior to the work, and 7) all landscaping that includes the planting of trees or large shrubs must remain far enough from the pipeline so that their growth and roots will not create a maintenance problem. I hope that this information is helpful to you in working through the modifications to your irrigation supply ditch being done by the church in their planning and building. If you have any questions, feel free to call me at 352-0495. Sin ' ely, l >>t.c..uC Le n l veld County H311.1!Li; Ronald Brinkman, Manager Greeley & Loveland Irrigation Co. OCT 11 1999 g EXHIBIT RECEJ tts MEMORANDUM WITO: Board of County Commissioners COLORADO FROM: Kim Ogle, Department of Planning SUBJECT: Amendment to Resolution of Recommendation to the Board of County Commissioners, Faith Tabernacle Church, USR 1217 It has come to the attention of the Department of Planning Services that the Resolution of Recommendation l.o the Board of County Commissioners should be amended to reflect the comments from Weld County Public Works, dated September 29, 1999 to reflect the following: Conditions of Approval, number 3, item K should be modified to read: "The applicant is indicating that 150 to 200 people will utilize this site. The plan delineates sixty-three(63) parking spaces available for Phase One. Weld County Fublic Works and the Department of Planning Services state that this is an adequate number of parking spaces for Phase One. Weld County Public Works requires the parking lot, apron, access and internal circulation be paved and that the parking areas include curb and gutter and be striped." (Public Works) SERVICE,TEAMWORK.INTEGRITY,QLALIIY x a-. Oct- 12-99 1O : 38A P _ O1 a('Id Ccunty IPlan,Tri g , , LIND, LAWRENCE & OTTENHOFF LLP 0cT 1 1999 ATTORNEYS AT LAW - THE LAW BUILDING �yp�° en r ';1 I r r 1011 ELEVENTH AVENUE Ft r.,. as IBM, r • GREELEY.COLORADO 80631 F. GEORGE H.OTTENHOFF TELEPHONE KENNETH F.UND (970)356-9160 KIM R.LAWRENCE (970)363.2323 TELECOPIER P.ANDREW JONES (970)358-1111 DAVID T.McCALL kimela.cnctast.wm October 11, 1999 Rev. Danny Perdew Faith Tabernacle Church 3501 11'h Ave Evans, Colorado SCi620 Re: Proposed Irrigation System Dear Reverend Perdew. At your request I have reviewed the 9/22/99 Memo from Total Engineering and the attached "Points of Agreement" prepared by Weiderspon and Urano. My opinion is as follows as to each of the numbered points. 1. I agree they are entitled to have their water delivered in the same quantity and amount. The exact same point of diversion may not be legally required, depending on the circumstances. but it appears same point of diversion is acceptable to both parties. 2. A written agreement reciting the agreed terms that includes an easement for the new line and a release of the existing ditch easement is necessary for both parties to protect their interests. Once the parties have agreed to the essential terms of the agreement, I can draft one. The agreement should be recorded after it is signed by all the parties. 3. I defer to Total Engineering on the engineering design of the pipeline and understand that has been agreed to for the most part. 4. In ¶3 Weiderspon and Urano seek a two year proving period and I assume that means if the pipeline doesn't function properly they expect the Church to have it fixed and in turn the Church would expect Total Engineering to fixed it based on a warranty of design and construction-Apparently Rob's Repair is willing to guarantee the system if constructed by him in accordance with his recommendations. While care and thought needs to be taken here, this is not rocket science. An independent engineering review is substantial overkill. If there is going to be a warranty and operation for two years, an independent review adds nothing but cost EJ EXHIBIT M I. USE—WIZ t i Oct- 12-99 10 : 38A P _ O2 to the project. If Weiderspon and Urano want to pay for the review they can do that, but the Church should not. 5_ The dates of delivery should match the historic dates of delivery by the Greeley- Loveland Irrigation Company and these can be determined by checking with the Company_ 6. The easement will provide for access for maintenance and repair of the line. 7. Weiderspon and Urano and their successors must be responsible for their own negligence as they would be under the existing system. They should not be responsible for third parties, natural disasters or Acts of God. 8. This should provide the pipeline will be constructed prior to any demolition of the ditch so they can be assured water delivery will not be interrupted. 9. It is reasonable for the Church to bear the cost of relocating the ditch. Once relocated, however, the ongoing maintenance and repair will be up to Weiderspon and Urano and their successors. This is standard for all relocations I have reviewed as the users would have been responsible for all maintenance and repair of the old system_ The idea here is to put them in the same position they were before the relocation, not to enhance their position as the expense of the landowner. Please let me know when you are ready for me to draft the Agreement. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP i- awrence KRL1krl FIKIM\FAITHIPFRDEW 1,LTR David and Shannon Urano Gary&Teresa Weiderspon 6841 W 28th Street 6923 W 28th Street Greeley, CO 80634-9656 veld County i'I stt 1 i t.g Greeley,CO 80634-9656 October 10, 1999 Department of Planning Services OCT 11 1899 Attn:Kim Ogle,Planner Weld County Administrative Offices ` 1400 N 17th Ave. 9`ry� C 6 E \t lr ' Greeley,CO 80631 Re: Case Number USR-1217 We am writing to you concerning the permit application for Faith Tabernacle Church. LEGAL DESCRIPTION:Lots 2 through 7,block 1,of Peterson-Alexander Subdivision;being part of Section 16,T5N,R66W of the 6th P.M,Weld County,Colorado. LOCATION:North of and adjacent to US Hwy 34 Bypass Frontage Road(28th Street)east of and adjacent to 71'Avenue(WCR 29). At the August 3th, 1999 Planning Committee Meeting,this case was discussed and our concerns about the existing irrigation ditch were presented The Committee added as a condition of approval that a written agreement between Faith Tabernacle Church(FTC)and the ditch users'be put in place prior to approval of the permit.This written agreement was to address the modification,relocation,and disruption of the irrigation ditch. We met with Thomas Cope,the engineer designing the drainage plan for the project Because the Church's representative was not available, we provided Mr.Cope with a list of design requirements for the plan as well as a list of conditions for the agreement to pass on to the church's representative.After some initial scheduling difficulties,a meeting was arranged between the ditch users'and the church's representative. This is a list of tentative terms discussed at that meeting: FTC,as the project developer,agees to ❑ Deliver the irrigation ditch to the same location,elevation,and flow rate ❑ Record an easement to provide ditch users'access for maintenance ❑ FTC will allow physical access by the ditch users'for maintenance ❑ FTC bears costs associated with changing the ditch ❑ FTC will provide an engineered delivery system with: No 90 degree turns,ditch located underground,screened&grated at both ends,must carry a minimum of three(3)rights of water where a right is equal to one acre foot of water ❑ Independent review of plan,paid for by FTC,by an outside engineer selected by ditch users ❑ Ditch must be capable of delivering water during the Greeley-Loveland season(May 1 -Sept.30) There is a two-week grace period during the above dates ❑ Ditch is not accepted until after a 2-season proving period ❑ Ditch users'are responsible for any maintenance or repair costs after the proven system is accepted ❑ Ditch is completed prior to building construction ❑ Ditch users'are not liable for damages or injuries related to the movement of irrigation water,actions of a third party,natural disasters,or Acts of God After our discussion,several major issues are not resolved and more specific engineering information is needed. To date,there is no written agreement in place. Because there is no agreement,the condition of approval requiring one has not been met.We ask that this permit request not be approved until that condition is fulfilled.We also ask that the requirement for a written agreement between the Church and the ditch users'remain in place as a condition of permit approval. Thank you for your assistance. Sincerely, ft. (� i �,gy - ark Grr C David Urano Shannon Urano Gary Weiderspon Teresa Weiderspon cc: Lee Morrison,County Attorney t EXHIBIT I lJ u52 4 1z1'T Faith Tabernacle Church PO Box 3412 Greeley, CO 80633 October 8, 1999 . Dear Gary and Teresa Weiderspon, I'm writing in concern to the meeting at Aims Community College, Monday, Oct. 4`h at 7:00 pm. At the meeting we discussed several things concerning the pipeline for the irrigation ditch and I felt that the meeting went well in that most points were agreed upon except for 1 or 2 minor issues. As you informed me you had to discuss it among yourselves and would call me the next day, I waited to hear from you to inform me of your feelings and desires concerning these issues. Having not heard from you and desiring to reach an agreement and not being thoroughly acknowledgeable of such agreements, I gave your letter of request to Kim Lawrence, a water attorney very familiar and acknowledgeable of such issues. He is writing an agreement that should be mailed or delivered to you no later then Tuesday, Oct. 12. I had hoped, being that we were all at the meeting at Aims that you could have discussed this matter and notified me as you had mentioned Monday night. It is still my desire to work through these matters in a fashion that would be fair to both of you and us. Yours in Christ Service 0un, u� I> eul w Danny Perdew kw cc David and Shannon Urano cc Kim Ogle, Weld County Planner 'cld (ic.u;. tf • }: [ ; EXHIBIT IT Lt5R#1217 • Faith Tabernacle Church PO Box 3412 Greeley, CO 80633 October 8, 1999 Dear David and Shannon Urano, I'm writing in concern to the meeting at Aims Community College, Monday, Oct. 4`h at 7:00 pm. At the meeting we discussed several things concerning the pipeline for the irrigation ditch and I felt that the meeting went well in that most points were agreed upon except for 1 or 2 minor issues. As you informed me you had to discuss it among yourselves and would call me the next day, I waited to hear from you to inform me of your feelings and desires concerning these issues. Having not heard from you and desiring to reach an agreement and not being thoroughly acknowledgeable of such agreements, I gave your letter of request to Kim Lawrence, a water attorney very familiar and acknowledgeable of such issues. He is writing an agreement that should be mailed or delivered to you no later then Tuesday, Oct. 12. I had hoped, being that we were all at the meeting at Aims that you could have discussed this matter and notified me as you had mentioned Monday night. It is still my desire to work through these matters in a fashion that would be fair to both of you and us. Yours in Christ Service LA,) Danny Perdew kw cc Gary and Teresa Weiderspon cc Kim Ogle, Weld County Planner 'I y1 kkCali,idl •C.IIL ....- Ar. t -- `y �yl'irA 1 "E(1 t. .....4 r. i .fy -‘'i"4.44 M. ' t t ' g,,, _ a r . 4 �. ' , • 4 t'' ._. • ``k mil, y•-: If" , i i c b - I. EXHIBIT G USR *(zi7 • 'f p • Jn 11/4 ty, : tr W" r ' ' Y' .. /I gr ,.? .Y1: s•, ,. COLORADO MEMORANDUM TO: Esther Gesick, Clerk to the Board FROM: Kim Ogle, Department of Planning SUBJECT: Amendments to the record for USR 1217 Planning Staff has the following amendments to the record: First, Planning Staff would like to have the applicant show the parameters of Phase 1 and 2. Thus Condition of Approval, number 2, item p should read: "The applicant shall delineate in writing the parameters of Phase 1 and Phase 2 activities." Second, Development Standard 18 shall be moved to Development Standard 19 and Development Standard 18 shall read: "At such time the applicant, or a future applicant applies for a Building permit for any structure in Phase 2, or the use exceeds 200 users at any one time on the site, then Department of Planning Services, Department of Public Health and Environment and Department of Public Works will review the Conditions of Approval and Development Standards for the case to determine compliance. Weld County Staff will review the Phase 2 application for usability of site and functionality. A change of use will constitute a substantial change to USR 1217." Third, Condition of Approval six, now Condition of Approval five, should be amended to read: "Should the possibility of City of Greeley sewer become available sometime in the future, the Department of Public Health and Environment would recommend that Faith Tabernacle consider constructing the appropriate sewer lines and build in this option prior to constructing the new structures. All structures shall connect to the City of Greeley sanitary sewer system when it is within 400 feet of the property if the City of Greeley allows them to connect into their system." (Health Department) 4 tX1� MIT Hello