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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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990711.tiff
• • 47!�2 • flekr . • CLERK TO THE HOARD PHONE (970) 356-4000. EX-F.4217 FAX. (970) 352-0242 PO BOX 758 WI I IP e GREELEY, COLORADO 80632 COLORADO March 22, 1999 Del Camino Junction Development, Inc. TuttleApplegate, Inc. 11990 Grant Street, Suite 304 Denver, CO 80233 Dear Mr Tuttle. The application for a Final Plan for a 19-lot Industrial and Commercial Business Park has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot A of Amended Recorded Exemption 730, and Lot 1 of The Fort Junction PUD First Filing; located in a portion of the SWY. of Section 2, Township 2 North, Range 68 West of the 6th P M., Weld County, • Colorado If your client wishes to be heard by the Board of County Commissioners, it will be necessary for you to indicate the request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by April 23, 1999. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely. —. - . BOARII OF COUNTY COMMISSIONERS - - - - - --`_. WELD COUNTY, COLORADO Dale K. Hall, Chair DKH/eeg I/we,� J'il h� 7 C` -�V„ oc QX , do hereby request the Board of County Corn ssioners to co er t above mentioned application. • EXHIBIT 2 E 3 wr yg/ • From: jmfolsom <jmfolsom@ecentral.com> To: CENTDOMAIN.CENTPOST(GVAAD) Date: 5/1/99 5:37pm Subject: Del Camino Junction Business Park ST. VRAIN CONCERNED CITIZENS 7050 Loma Linda Ct. , Longmont CO 80504 May 1, 1999 Weld Board of County Commissioners P O Box 758 Greeley CO 80632 Subject: Del Camino Junction Business Park: S481 Dear Commissioners : We have the following comments on the above project: The Subsurface Exploration Report and the Atlas of Sand, Gravel and Quarry aggregate Resources, Colorado Front Range Counties, Colorado Geological Survey, Dept. of Natural Resources and the Colorado Geological Survey indicate that commercial grade sand and gravel deposits lie on the subject property. We can find no analysis in the application materials submitted to determine that mining is not economically feasible. Mining takes priority over any other use [CRS 34-1-301] . In addition, the 1/11/89 letter from Candace L. Jochim states there is a discrepancy in the reports: *It is therefore not clear what Empire*s conclusions were regarding the economic feasibility of mining • on this site. If mining is economic, the resources should be recovered. * In addition, the 12/22/98 letter from Celia Greenman questions the lack of proof in the EEC report that the deposits are not economic to mine [also see 30-28-101, required geologic studies] . It should be considered whether the approved PUD is still valid, as the final development plan for that PUD was never completed and the amount of time that has since passed has effectively rendered the PUB abandoned and invalid [see Zoning Ordinance 28 .15. 5-28 . 15 .6] . Also, the present proposed use for the land is different than that proposed in the approved PUD. Such being the case, the land, situated in Firestone*s UGB, falls within the provisions of the County, Firestone, et al . ICGA which requires application to that Town for annexation rather than County approval to develop under its auspices . Although access permits have been obtained from CDOT, County government still has the power to limit access to properties to that which is appropriate. Five accesses within 1600 feet is excessive on this frontage road, particularly considering [l] the future use of the frontage road will be more as a rural arterial than a road solely serving as access to properties and [2] the proximity of CR24-1/2 . It would more in keeping with the intent of the State Highway Access Code, given the road*s Category R-B rural highway function [3 . 9] , to access the development from CR24-1/2 on the north and the future Del Camino Parkway on the south. This avoids any accesses to the development from east side of the frontage road. One access to the 3 lots on the west side of the frontage road would be sufficient. In addition, ROW dedicated by the developer should be sufficient for future 4 laning of • the Del Camino Parkway. The future traffic volumes and uses of the frontage roads must be considered. Once an access is granted it cannot EXHIBIT Y. S -ywr • be taken away. If the County decides to go forward with this project, under its control, the Uniform Baseline Design Standards of Ordinance 201 should be strictly enforced [relating to set backs, landscaping, parking, signage, etc. ] to give credence to them in this, the initial implementation of their intent. The provisions of the Development Standards of the County-municipality IGA must be enforced if they are to have any meaning. Even before any project has been designed conforming to them, variances from them are already being considered, here and at Erie. Referring to the application: In the cover letter portion [5A] : the applicant proposes to *encourage a high quality architectural style of the development* . Specific commitments for building design should be incorporated as conditions of County approval, so that there is not a repetition of buildings built in the MUD along SH119 which have no redeeming architectural or esthetic qualities. Component One - Environmental Impacts 5H: Any proposed regional handling of storm water drainage should be in place or made a condition for development before County approval of this project. 5K: The commercial unfeasibility of mining on the site should be supported by documentation rather than only by an anecdotal assertion [see above] . . Component Two - Service Provision Impacts B. A study should be made as to the ability of the Weld County • Sheriff*s Department to respond in a timely manner and enforce the law, given the increase in developments in the MUD area, without having to rely on the services of neighboring municipalities and state law enforcement. D. It should be confirmed that AMR indeed has a facility at WCR1 and SH119 as asserted. Component Four - Site Design B and D; Computability with the proposed regional park to the north should be considered in site design [road, storage and loading locations, etc.] . The applicant makes no mention that land use to the north is a proposed park giving the impression that the site is surrounded by like commercial/industrial zonings . Component Six - Signage Signage should be designed for the purpose only of identification of the lot occupant and in no way for the purpose of advertising the occupant or a product. It should be sized to identify the occupant only from the frontage road not the interstate. Component eight - Intergovernmental Agreement Impacts Here, on the east side of the Del Camino interchange there is an opportunity for a fresh start wherein the mistakes that were made in the development of the west side might not be repeated. At this time, there is no reason to believe that the development that will take place at Del Camino Jct. Business Park will not be appropriate. We do feel that a commercial use of this property is more appropriate than its use as the site of a prison facility, previously approved by the commissioners, which resulted in costs to the Weld County taxpayers of approximately • $450, 000 . However, as a matter of proceeding judiciously in enforcing the state statutes, the Weld County Home Rule Charter and the goals of • • • the Comprehensive Plan and requirements of the ICGA, County government should give priority to enforcing these documents which are for the benefit of all county citizens rather than accommodating the interests of any single applicant. We hope these comments will be considered as positive input and assist you in reviewing the subject application. The information contained herein is correct to the best of our knowledge, but should be confirmed by staff. It is requested that this letter be made part of the record in any proceedings relating to the Del Camino Junction Business Park. Very truly yours, St. Vrain Concerned Citizens John S. Folsom PC: Monica Daniels Mika stvrnjct.com • • 49 b it"l; ti 1I # GAS AND MINERAL LEASE 1 . v... i. .-`UI!tlLl! 'till.Jinl', eri\'e[. _ p•... y' „r J m too .-'rod uc[ion Company, Security 1. W.: :.:Lid in a Colonic:envice, _. . r..t. I ,ott1l tit f 'fen and more c--) t 1J.JO + more r n.d t t idled d r the a n led.hen nd ' ti �d sloe 1 re R 1 , rlR Links c we a t ,. telephone a , d o he ,,,,,,tine. fie m t duceLL his, take(lie of rnn,Vttt and n a l V .duty, and v h uu r, itr employees Ine following described land in Weld Cnutl .. rlrJn.imen us A tract of land situated in the West half of the Southwest ()carter (1/2 S474) Section 2- 2.-n8W as described in Deed sated August 28, 1972, recorded in Each_ 675, deception ::o. 1596968 . l J I c v{ rot semen, Towns''', Ran*e - - 1 f, In addition to the land above described. Lessor hereby grant. lease, and lets exclusively unto Lessee to the s if ayecrflcall> wp desci niterhn all lands owned( et meet by L which are adjacent R 1 p. 1 n lands LbowsV lad hensi ( g' other hydrocarbon d Sher a rneel e hikes th < a t e Rn l *belt r. a ) )' f. d lands F p 2. n I. Jincluded h shall bed deemed to 64.0 .kres� e_, w hether It actually cnminises I o .1 after as oiect lo the l.gas.other hyerdrocarbo rowsions fiereis r other numeral a produced from „ad le, . d land hereunder to dralickdare r reenrke g o{ )o u are o it'd rduried theren n 3 The roe dues t be paid be Lessee. oil ghth of n I md,ced and sued r a Ian a. n o be de veeed a the - uvlls.or In the circlet of to p lab me pipe l fie in twh n newells m be e. Lessee ) r purchase any royalty ,. n Om o a.ess on.paying he market price therefor preva 1 fig 1 n fieldUsed wheretf n a... ne:n date to f purchase 1 ♦ ip he,productse n therefrom .her nod o arms.peons ymmaa Iron said land e a 11 in Ine kit value at the well-nf one-eighth of the gas.sn sold ad v d 1 h g .sole h ells the hat be , Pn n f'de amount real Ted true,such a ale e h u other .mined d n n m a Le. eon that n amt the royalty.hall o fifty minerals rb per long lessee N. a free of ote ana water fro a e e ceps l sulfur welle for all operations hereunder L h rt r0,144, h� l'd ore R Y 'J If o 'I capable eater producing tr m the as in date date u h wel�usn shuts dente a den - rased thereafter d is lle roda m t n dialed rein to the V^ tl t for ender df ddb a)' rentalsply der m Lessors royal'. bet l Ilse d . n n n ,I p 1 a f. 'n tenderad n lease shalt as effect fora h e y Tenders n Le;rn {_ o before each anniversary of the sh d- 1 such sh It for 1 ! e h- 1 Y 4 If operal ons for drilling a : d said nmonde] I I n or n l hen terminate as m both parties.Mile.,on bet n doe Le hall d 1 r e of Le The Z 0, Col ado NaMgpt1 e k 1 4e�nverar nolrBFa o?ch ago. „ e -r hId n nrdne an tiro bl`� a 1 �+;� po t rr f u b gea ♦ ? a by the death or InCePaCItY Of Less° the f Sixty Four and 00/100 wild,a ,'t,"• s . 1 64.00 1, 'herein called e a u the n R of d r of nl { for It m.[ like a p Ik r e. Ire i rr ll. [billing bat n 1 ea 3's.� r'l fr periods,' lb fir ha '.g n The a a 1 fie referred 'd .Y.mss(\St 0-J draft 'nocheck 1 the optionenta spays Lessee tl h a R 1 1 duet 'I k thee be ...ink u be(oot the a rental paying date n deemed 1 1 tl 11 such 1 -end fall Lessor 'd r be 'lr, U u d d n; h bank ar for ) e c r :1 I d' f 1 1 e'.rr rYt y� • CO of tenders N do data ttpr Leo n J l V W 1 k 1 ,' .,eF t. The down xp IS(011S a - f n n beel allocated r G / j� pons f any net a 1 I n n e d ' WJportionsf at mean execute described rend Ipa, y roe lease l 1 to hoe se a yr n be re iweci of . fib , sand acreage or rele� and thereafter premises -m hereunder nor be red,lied meal 1. M reduced t ' ac ff Lessee Nall.on r before- ) d I a 1 1 1 n lease eordmg Len.`.records n a Le d'. 1 ; n l g 1 tin n n m.lease to t forth f n right l deposit n d el-either deadsded in ilia e$. ,,,,p..i. i wrong depult0 paid to persons n 1 1 d b L l h Lessee l.� shall be ummnd7tlonall7 obligated ) 'r Le „rope 1 bl 1 n 1 J n h h r}�J the same manner...f archeoreo . lv I tt Lper's made r ., .v.t 4prrros d° :the d n, d nrl,aymnw,ment kir�J . � re}m within 3d day.after receipt by Le i t - froth enable Less**lei Make proper p s. to la gm,nu dr fled aii the dies,described land did i it.pro ir, tele her. , d a 1 1 la'dome [rya a : C, he ea during the p , n n `L i "g J u ulcer t • rp 1 reworking old well a a I l ee du. I Ilk' n d ru king fit awl' 1 1 n le . :r u p 1 he payment tI r 1 Se R 1 a r l' S ' V cal at, if during I d 'h d i J r, 'el e •f k l ra8;td line thereon r ' f r In di, l' rl k ' he • .• x45 t 2.b forte during In a to I 1 1 r I ?a G, w ll err lea,'X R All old well. n. 1 1 ( i J .KY 1. J 'h tl II k g Ve 1 'I J) 1 1 • {tit 1 � h hydrocarbon, th or ben earthen, 1 l R a.. - k a I cash dill'' TilytJ e. d Le R operations p n ) „n d • a n l h other n l i 'Y j a Vt a Nall dVt IIss Ier I .r , rpl D{f 'M1 one or nu, neat, J unkts w formed need„,,ia l w (ekef ee oilier t and oil units eedn tfort ,IonR thep esr an': i wet •aI 1 Le hereunder I n m portions the l 1 r1 lidentifying d describingo n pmlea acreage The n rrel `: n t dad h:lease nalid R OF rework h 11 of a well gas well shall he considered I : 1 h d o a de n 1 h n l ` 11 „Ill � In ikeu of the lOyallieSl n n specified Les ) of n ee placed a the un it nr hes royally1 1 d khaki a..ii. irmes original's �'. e ` ,as fore o after production hereunder obtainedao n cringe Trunnion,ran bei. l f d l e 1 n 1 M acreage lament he m specified 1 n L 1 J ` S,t find. t iron nl un t rat nn assn l2. g and s n y the land Laded t ihal 1 d filed until after plan u b ld the n 1 l S4 rl become euerltve ua he first day of the c.,iengarn d I In Mt Ornate sr pritrittlainLe. r in,• itl ca. nn Woo by filing of record f I levee shall have the bah undue pm b d 1 • r aj a by entering t empeo pia of e e 1•, F deemapproval ed modified to into ten ge to the i ormlnate ndit on. and 1plan,ir It It I des 1 i+ rp r t off such and plan or agreement requirements t h II and lrl l 'd rJ tb d bee such or any pael the (. n II h 1 pe J d I '?r eLn a n Imm...meatee a n I l I d ti r Y! he p luxe f computing the royalties be d 1 1 Le d J �! ,1 sled and t to he ( 1 W 1 n 1 V I,et II .a. esnr shall foam 3 V le _ 1 1 e d * ) awl ee by r a.emmen al .gene( �r me n w l +I r • g 4 .halt lone the right t any •d 1 l Wed ,t ill obligation .a to the acreage surrendered Leone shad l r 1 r. • I r i,. '4.41 hx and fixtures placed by Lssee tad land r ua nR t n J I I L IS. I ,tor f. Ves below o e lurr mow depth:end nn well .hall be a •:t - tl �N ,su The Lessor green o promptly lU he ore there. rl .., 1 r r a, i..o n_ I,{Lez aralna,d consent i 6 a-72. 4'5 C Mr? 1 1 '?A 2..o Y 7yatY y EXHIBIT e` 4 a ♦ , e L ! S j / r.. 4T�d .�C J ♦/a• �yn1' _ • l_ h• • Ash '.—; yi tr:IA y ;.y p ' r} l�faa ,A "ti`Y ' p t art a try+'! .nisi`'p t ,rb r.r 1t . t P 1)8 !'" (g I : 1i 19 'h .16(1:J12o LI )_ i4l F � �t . .hl par nlom.rf.lb F'A "� I II d L. until Lease*a.a y ', News I1ineeroan. II recorded i dente t r antler noln,u aa'e 1 .I n I a n be ,a 1 bl aw ,...,...:c..,....1.O1*, l I. p p n Ir pox • A 1 Implied b ai of Om 1 r I. r J R n.r a n• go, , e . whole . part Le 1 , : 1 I n I I compliance { d by. If j e r. ' Ia F Ix h null f any VNp Ruin or ant. Y of of C 1 I bl labor a apuiu inability to i 1 l of tranepo,Wllon. or ot her cause beyond (,e III.1..ring h 1 f Wsnleaw.o r pa or oihor hyd other d. I ' f dd premises,Out Lento a prevented 1 by so of yn of the mt...act out b.. Section T b I J•r producing and shell }e. f'I''flee mid effect until Lan pe ued to ptud..e m p It d n n nib thereafter. ash prooduoi un ! six d{ 4., ni rs n paying quantities d II g or wn ic nt nln continued n n t ded ti ,A 11w. II Lessor hereby t e agrees w defend me d a d r that Le t pt discharge r n tnntnge o g, i Y` n r en pre ✓I land.!ther In whale a In part and e vent tearer does w shall be b'.gated h I '.th thy l enforce a and p qt;. Y ( y rentals a d ,)clues accruing hereunder toward .let)ITp scone di Whim( of Le, 5n under n .) m event el tern* al 3 ix F VIe�it Is agreed that If Le. Interest In u d lend leas xlx the entire fee simple vitals !her the red rentals m be pall Lester shall w tie U ce Upton', matel. t'f: eeee.or. 1 f All of Inc Vrmb am of"his tun still nu a to the hems,'"of and be F w ng upon 1M parcre 'nrele. their M n. admrnHlremn. ry sod Fns pine 1e. TN"agreement xM M binding on each of the stove named parties who sign M a nyre dins of *MINN.- a signed b any of the o her `p at 4 P". s. IN WRNL]',WHIPLOP One Instrument Is executed on the d e first written at ve ritter -4+a e Pi,,, L C N'RNLYY'. M1 Lgu. L . �. 7 tc� u CRide_sye tt/ce a..t/ &.i. $. lab. e...'". aPs K $ tt • STATE OF COLORADO, A. Jf R7. Colorado Acknowledgment County ol..O4orn F yl %.r The foregoingIndIanwm wen acknowledged before me this day of ■.rrall.r" A.O. 19.7.2 b_.....Hilton-b.-Err.Ind'idrdf to TN.--- a«„ / $.le eey1 . .. . 1.;y1 s 1407441,%' .; �-.4 !iii1. •iff ofklal seal N° ! " + ..ate .i �t My co misemn nom_ I i LJ-.......f.' i..:.(...__.._.._ rt r taxi i ¢ , No4Pali< • t 3 I5; i rk beg. 9 STATE OP COLORADO. " 1 <.. 1 Si. Colorado Acknowledgment ,S County of_. The ( eg utog inatturnant was acknowledged before me this. _.. _ day of 1 _.. . . A.D. 19 by 1;: 4 .4c Vilna.,my hand and official wet. My mmm ltt n run rn x• . ... Notary Public li ua::r, 3 s 1 E a R p 0 Ee ' 1 - _ a ,� F �I t _o x s s • 411 0 .4 kt: • .tar it I la • IP• i � S ppK a4�A t , t A Ieon j ,,,�A 9i�0 681 `�C \� 699 1619262 160312 41-4,1 0 4 , .p 4 ..;:, November 6, 1975, said Lease shall then terminate as to both parties � s �a. 41;1%11'12..t and may not be further extended under the provisions of Sections 4 '!J • 4 or 5 thereof. Act7.4, + . L44.4';' -f.! 4. Paragraph 7 of said Lease is hereby deleted and stricken. •M a. € y 5. Lessee's right to remove its property and fixtures and to r 7/ -,,•,e '. draw and remove casing from said land may be exercised at any time j. ,.. up to but not later than 60 days after the expiration of said Lease. '' '� 6. The terms and provisions of Section 10 of said Lease shall ' ' t+ wnever be construed to relieve Lessee of its implied covenant to make xr4- I' all reasonable efforts to market production from the leased premises• ' / 'w,..4 7. Lessee acknowledges that Lessor's interest in said land is 1 subject to a certain deed of trust dated August 12, 1971 and recorded 71 ' 1 .. {1 � August 23, 1971 in Book 652 as Reception No. 1573866 of the Records -. i„ i^ of Weld County, Colorado, and an Agreement dated August 28, 1972 by and between Lessor and Del Camino Corporation recorded October 2, •'"-I e 1 . 1972 in Book 677 as Reception No. 1598631 of the Records of Weld a A * .^r County, Colorado. .hr `t :,,44,. ? Milton L. Kahn fr Edwin S. Kahn • AMOCO PRODUCTION COMPANY _.t , ,e ', T BY I I ; ?1,-',z4., I I: t 4 ‘E; . N 1 S S • . i'-'681 was' 697 1615262 1603x20 . �f-3 THIS RIDER is attached to and made a part of the Oil and Gas Lease dated November 6, 1972 between the undersigned Lessor (whether 'r one or more) and the Lessee, covering certain land in Weld County, Colorado described in said Lease. Notwithstanding any provisions in said Lease to the contrary. Lessor and Lessee agree as follows: 1. Said Lease shall cover, include and affect oil, gas and other hydrocarbon substances, but shall not and does not include coal or any other minerals of any kind or character. Each and every reference to said excluded minerals made in said Lease is s .'ir4 hereby stricken and deleted and, without limiting the generality ''xiYi clause (c) ofparagraph 3 of said Lease is hereby is` of the foregoing, it c ,,l stricken and deleted except the last three sentences thereof. / ' 3 ,.b , 2. No operations shall be conducted upon, nor shall Lessee make any use of, the surface of the above-described land without Ca(S. the prior express, written consent of Lessor. Further, Lessee shall not have free use of coal and wood from said land, and the tte. ':1:°.;..; _ only water with respect to which Lessee shall have such free use shall be water for drilling purposes on said land. `' ts3. Lessee agrees to furnish Lessor with copies of each and f, f`. every written instrument or instruments executed by Lessee, its h .' successors or assigns, identifying the describing pooled acreage ,') in accordance with the provisions of paragraph 6 of said Lease. 3r ii- If Lessee shall not have pooled the leased premises into a gas well _.,!:4 wF drilling and spacing unit of approximately 320 acres or have pooled -.'1—_ I-II4 A .V such lease acreage for oil under the provisions of Paragraph 6 or have obtained i yy .. production on said leased premises under Paragraph 2 of said lease on or before ilk!' t #V 4 9 * t';,. .•!-; w i > 1 k i '4'[, ' .YYh:,,j;fr 12 ?;' { k. ! .. x- r } rr 1„ ri r ye uy ,fir "' a`Y('(t"k, r}, ` nt st :'!-..r,!;1:", ' t w, 1 " ..,,,-..:-A .:7,-,,,::-',.% < e r q ti 4 °k7 i f £E Yt>S rl,' e s > , l,, ( i 1, yt tr y. e ....r.--",:.1:::1 '' (fi t �` ' • ` 'ILL rl'yt' 1Mt f ` ry t',� `x aicc�""`tr� iii' eVr-tC is 4 j,.;:-.. ..- ';f f�,t, .w te, e •kR �t r' ` 7; e]ri; '`ata^ i a'e.\ � stir"1. 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T M� `► 3 gas h �/ sc . c 3 II sigalibb ciii, 4.."-- li< IIMIIMIIMIII III 1es 4 0 4 I ..- - -%et 2- i:: i j I-. ON li . ..,1 I i L. s: a 4 , 14: 1)/ i C• III.: I 0 WI 16 C inn 44AIt- ( .>.-1. Wye. 41* a o 11 g ski. Asti. 4 gime 0$ Lis ....EMO tal i ii;7 St d O Q \C N. I I'm- C MM O * W ( II ��� i .. M krona\ I i r emS Co li i i I . c)ig 1 + AB - L.. 4 c .� HiOD UE • `n M f . ~ am ea. = s e11; c C u i cac .7 V r , -E. . c C a I C L • V L r r l — — . E L C. C V L cg, ea et U •C' C = Ti r . Lc 0 r ti I '7 L t... L • 7 C co C •1 V L C I — v ✓ u C - .� J 7 C -, L I G L v I 1 c f u c z . ; - u c E - w O » a icca sam C L i to U V pp _- :t C ': Q an s . L N v v i7 L , C US �'OS, I r' = C = • e •• so U i o c CH c V lt III a4— ts so c. c .V es S C. v C. � • (s) IF, l V C C .a W T Lin ', L or 44• 4O too iii !n C CO C C V b v •C . =r e C 7 es w I O C a H w w at et c=r+ ° C ee O � N `� C) SO 4,-4 libelit1/48.: .h w ,r _v Emmil ss© .49. O h_1 E-4 *-L,,,, g Eal rT7 v n :or e � �a .; :s vo C O V I C C. D t .Or � slim :is= co LTNI N� L 3 Cii1C 41C 11.• WC al V d � = .Ot o ►C. uOo3. tV . : .cQC - • c a. J a i O 0. w a •44 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C. WELD COUNTYGREDLEYISTRATIVE OFFICES 00 N. 17TH COLORADO COLORADO March 18, 1999 Shani Eastin TuttleApplegate, Inc. 11990 Grant Street, Suite 304 Denver, CO 80233 Dear Shani: • This letter is reference to correspondence I received from you on March 15, 1999. While you are correct that a recommendation for denial by the Planning Commission will necessitate the need for a letter to be sent from Weld County, this letter is not the responsibility of the Department of Planning Services. The ordinance requires that this letter be sent by the Board of County Commissioners office. After discussing your request with Carol Harding, Office Manager for Clerk to the Board, Carol has informed me that she has sent a letter to the property owners asking whether or not they wish to proceed with the land use process. After Ms. Harding has had the opportunity to receive this letter, she will then schedule an appropriate hearing date, and at this point I am not sure what is on board's docket. We will try and accommodate your schedule, but as you know spring is the Board's busy time. Regarding the wording on the resolution, the minutes do accurately reflect Mr. Epple's comments, and will be attached to the resolution for the Board's review. Should you have any questions or concerns, I would be happy to discuss them with you. Sincerely, •D Monica Daniels-Mika, AICP Director • EXHIBIT motif( E‘5 S 10. a ThttleApplegate,Inc. Consultants for Land. Mineral and Water Development March 15, 1999 Ms. Monica Daniels-Mika Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Re: Del Camino Junction Business Park Dear Monica: With a recommendation for denial by the Planning Commission, we understand the applicant will receive a letter from your department asking if they desire to continue the case to the Board • of County Commissioners. On behalf of the applicant, we wish to proceed to the Board of County Commissioners with the application. Please try to schedule the case during April. We appreciate your attention to the application. Cordially, TUTTLE APPLEGATE, INC. Gary J. Tuttle v /7z.) GJT/sms cc: File 98-162 Weld County Planning Dept. MAR 16 1999 • RECEIVED 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 • TuttleApplegate,Inc. Consultants for Land, Mineral and Water Development March 15, 1999 Ms. Monica Daniels-Mika Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Re: Del Camino Junction Business Park Dear Monica: We have received a copy of the draft resolution from the Weld County Planning Commission on our case. • We believe that the wording of the resolution is incomplete because it does not contain all of Mr. Jack Epple's reasons for making the motion. Mr. Epple's wording in the motion is important because it conveys the feelings and intent of the Planning Commissioners. The request that an additional reason be included for the unfavorable recommendation states that the Planning Commission believes "that it would be more appropriate for the County Commissioners to give relief to Ordinance 201" and that"it is impossible for the Planning Commission to develop standards for the site if approved". These words are directly from the edits of the Planning Commission minutes and accurately reflect Mr. Epple's words. Thank you for your consideration in this matter. Cordially, TUTTLE APPLEGATE, INC. Weld County Planning Dept. t re < MAR 16 1999 A !i err A L� Gary J. Tuttle RECEIVED GJT/sms cc: File 98-162 • John Coppom—Del Camino Junction Development, Inc. Lee Morrison—Weld County Assistant Attorney 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 •r a • CONDITIONS OF APPROVAL Del Camino Junction Development S-481 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding this request, and responses from referral entities. 1. Prior to recording the PUD Final Plan plat: a. The Board of County Commissioners shall review and approve the subdivision improvements agreement for off-site and on-site improvements and the form of collateral. The security for this agreement shall be tendered and accepted by the Board of County Commissioners for the subdivision improvements agreement. (Weld County Planning) b. The applicant shall submit evidence to the Department of Planning Services that the proposed building envelopes will adequately meet the requirements of Section 5.0 of Ordinance 201, and demonstrate that the placement of these building envelopes are free from expansive soils, or the structures are designed to accommodate the associated soil conditions. (Weld County Planning and Colorado Geological Survey) c. The landscape plan shall be amended to show/identify the location of signage (street signs and subdivision signs) and street lighting. The landscape plan shall be submitted to the Department of Planning Services for review and approval by the Weld County Public Works Department and the Department of Planning Services. The landscaping plan shall meet the requirements of Section 3.0 of Ordinance 201, and attempt to incorporate the suggestions of Longmont Soil Conservation District. (Weld County Planning) • d. The applicant shall submit evidence to the Department of Planning Services that the PUD Final Plan meets Condition#4 of the Sketch Plan, which states that the Final Plat shall show locations for Oil and Gas production facilities or provide materials demonstrating how the property owner has an exclusive right to all oil and gas mineral rights. (Weld County Planning) e. The drainage report shall be recalculated and designed to meet the approval of Weld County Public Works Department. (Weld County Public Works) f. The applicant shall be responsible for infrastructure improvements as required by CDOT. (CDOT) g. The applicant shall submit evidence from the Rural Ditch Irrigation Company stipulating that an agreement has been reached concerning ditch easements and rights of ways issues. (Weld County Planning) h. The Site Specific Development Plan and Planned Unit Development Final Plan (S-344) for the Villa at Greeley, shall be vacated. (Weld County Planning) 2. The PUD Final Plan shall be amended to: a. Comply with Conditions of Approval by the Weld County Utility Advisory Committee in the January 14, 1999 meeting as follows: 1) The placement of the water lines shall be located in the recorded easements and not • under the roadways. (4 EXHIBIT I sI w. S N • 2) The future right-of-way shall be delineated on WCR 24 and 24-1/2, the 1-25 Frontage, and 1-25 mainline. b. The Right to Farm covenant shall be placed on the final plat. (Weld County Planning) c. Building Envelopes must be delineated on those lots with limited use of the site. Building Envelopes cannot be included in areas designated as setbacks or easements. (Weld County Planning) d. The final plat shall be amended to include future right-of-way lines on WCR 24 and 24-1/2 and 1-25 Frontage Road, and 1-25 mainline. (Weld County Public Works) e. Show the location of future oil and gas facilities, if applicable. (Weld County Planning) f. The plat shall include both roadway cross section drawings for local employment and regional commercial according to the roadways as proposed in accordance with MUD Figure 2.10. (Weld County Public Works) g. Lot 11 and Lot 12 shall be delineated as non-buildable lots. (Weld County Planning) h. The unit item for WCR 24-1/2 shall be recalculated to verify correct tonnage and incorporate any referenced changes on the plat map. (Weld County Public Works) 3. The following notes shall be placed on the PUD Final Plan plat prior to recording: a. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld • County Zoning Ordinance. ( Weld County Planning) b. Central Weld Water District shall provide domestic water service to uses within the PUD Zone District. (Weld County Planning) c. St. Vrain Sanitation District shall provide sewage disposal to all uses within the PUD Zone District. (Weld County Planning) d. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld County Subdivision Ordinance, as amended, and Section 4.0 of Ordinance 201. (Weld County Planning) e. All uses within the PUD Final Plan shall comply with the requirements of the Mountain View Fire Protection District. (Mountain View Fire) f. Basement construction is prohibited on this site, should foundations be set below frost line (2.5 ft. bgl) dewatering equipment must be present on site for all construction. (Colorado Geological Survey) g. Alarms from businesses located within this site shall be reported to a private security company and forwarded to the Weld County Sheriff's Office only if a crime has been committed. The covenants shall be written to include an on site security company for the delivery of law enforcement. (Weld County Sheriff's Office) h. Engineered blueprints shall be required for each building, and one set located at all times on each construction site. (Weld County Building Department) • M ali . Street signs and lot identification shall be in place prior to release of building permits. Signs • shall adhere to Section 6.0 of Ordinance 201. (Weld County Planning) j. Building height, orientation and design shall comply with Section 2.0 of Ordinance 201. (Weld County Planning) k. Neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Weld County Health) All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health) m. No permanent disposal of wastes shall be permitted at this site. (Weld County Health) • n. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Weld County Health) o. Fugitive dust shall be controlled on this site. (Weld County Health) p. Interior lot line utility easements shall be required only when needed by the utility or service company. (Weld County Planning) q. The uses within the PUD Final Plan, shall maintain compliance, at all times, with the approved Change of Zone Plat and requirements. (Weld County Planning) r. A Site Plan review shall be required for each proposed use, in accordance with Section 33.4.5 of the Weld County Zoning Ordinance. (Weld County Planning) s. Approval of this plan shall maintain compliance with Section 28.15 of the Weld County Zoning Ordinance. (Weld County Planning) 4. At the time of Site Plan submittal: a. All development standards, goals ,and policies of the MUD plan, shall be adhered with. An exception may be granted to Design Standard 2-C of the MUD for those lots with frontage onto 1-25 mainline and 1-25 frontage. Standard 2-C may be modified to read: a minimum landscaped setback along 1-25, SH 119 and their subsequent frontage roads shall be (50) fifty feet and shall be inclusive of the setback. b. Street and lot identification signs shall comply with Section 2.8 of the MUD Plan. c. The installation of all utilities shall also comply with MUD Policy 4.4. d. Future Site Plan application shall adhere to the Maximum Lot Coverage as stated in Table 2.3 of the MUD Plan -- Percentage of Maximum Lot Coverage 85%. S481 • S N • CHRONOLOGY OF CASE S-481 Change of Zone - C1-2-3-4 and I - Z-448, February 1990 Lawfully zo (8.3) for final plat PUD Final Plat - S-344 - 1993 Court - Election January 1998 - Lee to Board -Letter to Connie (Chairperson) -May 6, 1998 - Gary Tuttle letter to Julie Chester -June 23, 1998 - Julie's letter stating IGA applies -July 7, 1998 - Sketch Plan submitted -August 11, 1998 - Follow-up info for public water -September 2, 1998 - Shani Eastin letter stating Ord 89 applies but not 201,195,191 -September 4, 1998 -Sketch Plan comment sent to applicant and Tuttle - MUD standards do apply at Site Plan -September 22, 1998 - Tess Jones - follow up for more info ? -September 25, 1998 - Sketch Plan meeting with Gary Tuttle, John Coppom, Harry Asmos, and Shani Eastin -Stated MUD applies -Ordinance 89ii applies • -201 fully enforced -October 1, 1998 - Shani response confirms MUD and applies to each lot and 201 at Site Plan -October 5, 1998 - Called Shani about letter -October 21, 1998 - Letter from Gary about Ord 201 -November 5, 1998 - Letter to Gary asking about 201 -November 9, 1998 - Final Plan submittal - not complete -December 7, 1998 - Final Plan submittal -January 28, 1999 - Request for continuance -February 2, 1999 - Met with Gary Tuttle -February 4, 1999 - Letter from Gary Tuttle about Feb. 2 meeting. -February 9, 1999 - Letter to Gary Tuttle follow up -March 3, 1999 - Denied by Planning Commission -March 15, 1999 - Letter from Shani about schedule and resolution -March 18, 1999 - Response to letter from Shani • EXHIBIT L S a • CONDITIONS OF APPROVAL 1. Prior to recording the PUD Final Plan Plat: a. The Board of County Commissioners shall review and approve the subdivision improvements agreement for off-site and on-site improvements and form of collateral. The security for this agreement shall be tendered an accepted by the Board of County Commissioners for the subdivision improvements agreement . (Weld County Planning) b. The applicant shall submit evidence to the Department of Planning Services that the proposed building envelopes 1l ade, "'tely meet the are free from expansive soils, or the structures are designed to accommodate the associated soil conditions. (Weld County Planning and Colorado Geological Survey) c. The landscape plan shall be amended to show/identify the location of signage (street signs and subdivision signs) and street lighting. The landscape plan shall be submitted to the Department of Planning Services for review and approval by the Weld County Public Works Department and Department of Planning Services. The landscaping plan shall meet • attempt to incorporate the suggestions of the Longmont Soil conservation District. (Weld County Planning) d. I nr D nl nditi « ue I ov t- nl « L l 1 l - 1 Dl ti 11 1..... 1,.,.,,r:.,«.. for ,.:1 ing) See Condition of Approval 3.1 e. - Public Works) See Condition of Approval 3.u. f. The applicant shall be responsible for infrastructure improvements as required by CDOT. (CDOT) g. The applicant shall submit evidence from the Rural Ditch Irrigation Company stipulating that an agreement has been reached concerning ditch easements and rights-of-ways issues. (Weld County Planning) • EXHIBIT I ;,t^ t U S#' '8/ a 2. The PUD Final Plan shall be amended to: • a. Comply with Conditions of Approval by the Weld County Utility Advisory Committee in the January 14, 1999 meeting as follows: 1. The placement of the water lines shall be located in the recorded easements and not under the roadways. 2. The future right-of-way shall be delineated on WCR 24 and 24/, the 1-25 Frontage and 1-25 mainline. b. Show the setback on the interior road to be established at 25 20 feet. (Weld County Planning) c. The Right to Farm covenant shall be placed on the Final Plat. (Weld County Planning d. Building Envelopes must be delineated on those lots with limited use of the site. Building Envelopes cannot be included in areas designated as setbacks or easements. (Weld County Planning) e. The Final Plat shall be amended to include future right of way lines on • WCR 24 and 21'/ and 125 Frontage Road and I 25 mainline. (Weld County Public Works) f. Show the location of future oil and gas facilities, if applicable. (Weld County Planning) See Condition of Approval 3.t. g. The plat shall include both roadway eross seetion drawings for local employment and regional commercial according to the roadways as proposed in the Change of Zone applications, or in aeeordance with MUD Figure 2.10. (Weld County Public Works) h. Lot 11 and Lot 12 shall be delineated as a non-buildable lots. (Weld County Planning) The unit item for WCR 241/4 shall be recalculated to verify correct tonnage and incorporate any referenced changes on the plat map. ( Weld County Public Works) 3. The following notes shall be placed on the PUD Final Plan plat prior to recording: a. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Weld County • Planning) 2 ��&/ / S N b. Central Weld Water District shall provide domestic water service to uses • within the PUD Zone District. (Weld County Planning) c. St. Vrain Sanitation District shall provide sewage disposal to all uses within the PUD Zone District. (Weld County Planning) d. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld County Subdivision Ordinance, as amended, and Section 4.0 of Ordinance 201. (Weld County Planning) e. All uses within the PUD Final Plan shall comply with the requirements of the Mountain View Fire Protection District. (Mountain View Fire) f Basement construction is prohibited on this site, should foundations be set below frost line (2.5 ft. bgl) dewatering equipment must be present on site for all construction. (Colorado Geological Survey) g. Alarms from businesses located within this site shall be reported to a private security company and forwarded to the Weld County Sheriff's Office only if a crime has been committed. The covenants shall be written to include an on site security company for the delivery of law enforcement. (Weld County Sheriff's Office) • h. Engineered blueprints shall be required for each building, and one set located at all times on each construction site. (Weld County Building Department) Street signs and lot identification shall be in place prior to release of building permits. Signs shall adhere to Section 6.0 of Ordinance 201. (Weld County Planning) j. Building height, orientation and design shall comply with Section 2.0 of Ordinance 201. (Weld County Planning) k. Neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Weld County Health) 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Health) m. No permanent disposal of wastes shall be permitted at this site. (Weld County Health) • 3 ' f i a n. Waste materials shall be handled, stored, and disposed in a manner that • controls fugitive dust, blowing debris and other potential nuisance conditions. (Weld County Health) o. Fugitive dust shall be controlled on this site. (Weld County Health) p. Interior lot line utility easements shall be required only when needed by the utility or service company. (Weld County Planning) q. The uses within the PUD Final Plan, shall maintain compliance, at all times, with the approved Change of Zone Plat and requirements. Any changes to the Change of Zone Plat through the approval of the Final Plat shall take precedent over the Change of Zone Plat. (Weld County Planning) r. A Site Plan review shall be required for each proposed use, in accordance with Section 33.4.5 of the Weld County Zoning Ordinance and in accordance with the Final Plat Notes and Conditions. (Weld County Planning) s. Approval of this plan shall maintain compliance with Section 28.15 of the Weld County Zoning Ordinance. (Weld County Planning) • t. A temporary oil and gas easement is located on Lot 4, Block 1 on the Final Plat. u. Stormwater for the development will be detained on site and released at historical rates at the two culverts under WCR 24'h . The two culverts will be replaced to accommodate future widening of WCR 24%. 4. At the time of Site Plan submittal: a- All development standards, goals, and policies of the MUD Plan, shall be adhered with. Specifically MUD Standard 2.6.4 2c which states: a minimum landscape setback along I-25, SH 119 and their subsequent frontage roads shall be fifty (5) feet measured from the existing or planned future right-of-way. An exception may be granted to design Standard 2 C of the MUD for those lots with frontage onto 125 mainline and I 25 frontage. Standard 2 C may be modified to read: a minimum landscaped setback along I 25, SII 1 1 9 and their subsequent frontage roads shall be(50) fifty feet and shall be inclusive of setback. b. Street and lot identification signs shall comply with Section 2.8 of the MUD Plan. • 4 C S w c. The installation of all utilities shall also comply with MUD Policy 4.4. • d. Future Site Plan applications shall adhere to the Maximum Lot Coverage as stated in Table 2.3 of the MUD Plan — Percentage of Maximum Lot Coverage 85%. e. Uses within the PUD District shall adhere to the Change of Zone which allowed uses within the C-1 through C-4 and 1-1 Zone Districts as described in the Weld County Zoning Ordinance. • 5 • LOHF, SHAIMAN & JACOBS, P. C. ATTORNEYS AT LAW 900 CHERRY TOWER 950 SOUTH CHERRY STREET DENVER,COLORADO 90246-2666 FACSIMILE (303) 753-9997 TELEPHONE (303) 753-9000 J. MICHAEL MORGAN,Exi. 227 E-MAIL:MMORGAN@LSJPC.COM VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Weld County Planning Dept, April 20, 1999 p °'Li 10R9 9 James H. Piccone, Esq. Vice President/General Counsel RECEIVED HS Resources, Inc. 1999 Broadway, Suite 3600 • Denver, Colorado 80202 Re: Del Camino Junction Business Park W V2 SW '/ Section 2, T2N, R68W, 6`h PM Weld County Case No. S-481 Dear Mr. Piccone: We represent Del Camino Junction Development, Inc. ("Del Camino") which is developing an industrial and commercial business park on a 45-acre parcel within the above-referenced 80 acre tract. The parcel is located in unincorporated Weld County and Del Camino has made application to the County for approval of a PUD for the development. A copy of the plat of the PUD is enclosed for your information. We understand that HS Resources, Inc. ("HSR") owns the right to explore for and develop oil and gas in the entire WV2 of Section 2, under oil and gas leases entered into in 1972 and 1973 (the "Leases"). Only two wells have been drilled on the W'A since the leases were granted. The Adler Carl Gas Unit B #1 (the "Adler #1 Well") was drilled in 1975, and the #2 was drilled in 1980. Both were completed in the J- Sand formation. In 1995 and 1996 respectively, the wells were recompleted in the Codell formation, with production being co-mingled with J-Sand production on the 320 acre unit. Gas from the J-Sand beneath Del Camino's 45 acre parcel is being produced from the two existing wells in the unit. Del Camino believes that at least a portion of oil and gas from the EXHIBIT a • James H. Piccone, Esq. • April 20, 1999 • Page 2 Codell formation beneath its surface is also being produced as a result of the Codell completion in the Adler #1 Well, located only 350 horizontal feet from Del Camino's property line. In the 26 year life of the Leases, HSR and its predecessors in interest have not drilled on the WV2 SW'/ of Section 2. In 1989, a PUD was approved for a portion of the tract, the effect of which was to extinguish oil and gas drilling as a use by right, and to require County approval of a use by special review prior to drilling. HSR's predecessors-in-interest made no objection to approval of the existing PUD. In the development of its surface, Del Camino nonetheless wishes to reasonably accommodate HSR's desires, if any, to further develop oil and gas beneath its 45 acres. For this purpose, Del Camino's proposed PUD plat designates an oil and gas drill site measuring 250 x 400 feet, at a location indicated on the enclosed plat (the "Drill Site"). The Drill Site has direct access from Weld County Road 24'1, thus avoiding conflicts between the business and commercial traffic associated with PUD development, and the rigs, tank trucks and other oil and gas traffic associated with the Drill Site. Del Camino's PUD shall set aside this Drill Site for the benefit of the oil and gas lessee for a period of one year from PUD approval. If a well or wells are spudded on the Drill Site within • such year, the Drill Site shall remain available for oil and gas production until such wells are plugged and abandoned in accordance with applicable regulations. Otherwise, the availability of the Drill Site for oil and gas purposes shall expire. In addition, if a well or wells are so spudded on the Drill Site, Del Camino shall reimburse HSR the marginal costs of directional drilling from the site to the nearest authorized bottom hole locations in the NW/ SW'/ and SW'/ SW'/. Such reimbursements will be capped at the reasonable marginal costs of such directional drilling. Those costs are $21,480 with respect to a well drilled to an authorized bottom hole location in the NW'/ SWY, and $29,100 with respect to a well drilled to an authorized location in the SW%4 SW`/. Though the wells may be drilled from the Drill Site to either of these locations, reimbursement of directional drilling costs for the latter location is capped at an amount associated with a horizontal distance of approximately 1,000 feet, which is the distance between the authorized location in the SW14 SW%4 and HSR's existing well site for the Adler #1 well (located only 350 horizontal feet from Del Camino's property line). In other words, HSR already has the right to utilize its existing Adler #1 Well site to directionally drill to the SW'/ SW%. Since this existing site is closer than the Drill Site, reimbursement will be capped at costs associated with drilling from that shorter distance. We wish to emphasize that Del Camino believes itself lawfully entitled to fully develop its 45 acres of surface without setting aside the Drill Site or offering to pay marginal costs of • directional drilling. Nonetheless, Del Camino wishes to accommodate potential additional oil :a f 0 • James H. Piccone, Esq. April 20, 1999 Page 3 and gas development to the extent it is reasonably consistent with its plans for surface development. If you wish clarification of the manner in which Del Camino's PUD proposes to accommodate additional oil and gas development, please contact the undersigned. The PUD is set for hearing before the Board of County Commissioners on May 5, 1999, and your response, if any, is requested well before that date. In any event, we will inform you of the approval of Del Camino's PUD so that HSR will be aware of the duration of its right to drill from the Drill Site and receive reimbursement for the marginal costs of directional drilling. Very truly yours, LOR�E, SHAIMAI*& JACOBS, P.C. // i/ J. Mic e1ltylorgan JMMfsjr Enclose s • cc: Client Lee Morrison, Esq. Ms. Monica Daniels-Mica • !_ , • PL0100 990711 FILE CONTAINS PHOTOS AND OVERSIZED MAPS - PLEASE SEE ORIGINAL FILE t 1 1
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