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7050 Loma Linda Ct.
Li,ns p7Longmont CO 80504
303 833 2992
0LERV, February 27, 1998
Weld Board of County Commissioners .
TL
PO Box 738
Greeley CO 80632
Subject: Del Camino East PUD
Ladies and Gentlemen:
Notice has been given that the Board of County Commissioners has conditionally approved a
Site Specific Development Plan and Planned Unit Development Final Plan for the Del Camino
East [Rusty Green] project. Further, that said conditional approval "creates a vested property
right pursuant to Article 68 of Title 24 CRS.
CRS24-68-103 [1] states: "A vested property right shall be deemed established with respect to
any property upon the approval, or conditional approval, of a site specific development plan..."
CRS24-68-105 [1] states: "A vested property right, once established as provided in the article,
precludes any zoning or land use action by a local government or pursuant to an initiated
measure which would alter, impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the property...".
We are all aware of the claims of the Town of Firestone as to its right under the ICGA to
negotiate with the applicant for annexation to that Town. Further, all the contentions stated in
the letters of 1/16/98 from Isaacson, Rosenbaum, Woods & Levy, P.C., of 2/11/98 from Mayor
Patterson of the Town of Firestone, and of 2/10/98 from Griffiths, Tanque & Light, P.C. must
be considered and resolved either by agreement or litigation.
I am not aware of the conditions of the Board's approval of the subject application. However,
given the experience County government had in the matter of the vesting of rights in regard to
the Pre-parole Prison project, it would appear reckless and ill conceived to grant vested
property rights in this project which is under such a cloud of legal disagreements. We all are
aware of the immense potential cost to the residents of Weld County to settle the claims of the
applicant for the Pre-Parole Prison project. Despite County government's certainty that it was
within its rights to grant the requested zoning, the Courts directed the election ballot issue which
failed to approve the prison project. It would appear that the Board, in Del Camino East
approval, is again putting the Weld taxpayers at risk for a judgment for similar damages if an
amicable resolution of the disagreements is not found through negotiation.
I, truly, hope that this letter is superfluous, in that the Board, in this instance, has protected the
people, in the terms of the approval conditions, from an experience similar to that we all had in
the case of the Pre-parole Prison.
Vervxruly yours,
John S. Folsom
PC: Bruce Barker, Esq., Monica Daniels-Mika, Rick Patterson, Mayor
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