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Home My WebLink About20250246.tiffCase Number: Owner: Minor Subdivision Final Plan Staff Comments M I N F24-0001 Daniel and Debra Baker 32776 Vista Lake Road, Greeley, CO 80631 Hearing Date: January 7, 2024 Representative: Wernsman Engineering and Land Development, P.O. Box 105, LaSalle, CO 80645 Request: Minor Subdivision for five (5) Industrial lots with 1-2 (Medium Industrial) Zone District Uses Legal Lot B of Recorded Exemption RE -4059; being a part of the S2SE4 and S2S2N2SE4 of Description: Section 11, T4N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 35; north of and adjacent to County Road 46 Parcel Size: +1- 77.3 acres Parcel No. 1057-11-4-00-002 The criteria for review of this Minor Subdivision Final Plan are listed in Chapter 24, Article V of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • LaSalle Fire Protection District, referral dated November 14, 2024 • Central Weld County Water District, referral dated November 11, 2024 • Farmers Independent Ditch Company, referral dated October 25, 2024 • West Greeley Conservation District, referral dated November 12, 2024 • Weld County Department of Public Health and Environment, referral dated October 29, 2024 • Weld County Department of Planning Services — Development Review, referral dated November 18, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • City of Evans referral dated October 17, 2024 • Town of LaSalle, referral dated October 28, 2024 • Town of Milliken, referral dated October 18, 2024 • Colorado Parks & Wildlife, referral dated October 28, 2024 • Weld County Sheriff's Office, referral dated October 17, 2024 • Oil and Gas Energy Department, referral dated October 23, 2024 • Colorado Department of Transportation, referral dated October 21, 2024 • State of Colorado Division of Water Resources, referral dated October 17, 2024 The Department of Planning Services' staff has not received responses from the following agencies: • City of Greeley • Town of Gilcrest • Noble Energy (Chevron) • Colorado Geological Survey • Weld County School District RE -1 M I N F24-0001 Page 1 of 12 CASE SUMMARY: This Minor Subdivision Final Plan application (MINF24-0001) proposes the development of five (5) industrial lots on approximately 77 acres. The site is currently zoned 1-2 (Medium Industrial) following the approval of Change of Zone case # COZ20-0007 by the Board of County Commissioners on January 6, 2021, and it was recorded on July 7, 2021, under Reception # 4733235. The property is located west of and adjacent to County Road 35, and north of and adjacent to County Road 46. It is currently used for Dan's Garage Site, which is permitted under Site Plan Review No. SPR21-0001, recorded on July 7, 2021, under Reception # 4733236. The Minor Subdivision Sketch Plan (MINK24-0001) was reviewed, finalized by staff, and sent to the applicant in May 2024. The sketch plan confirmed that the request meets the requirements of the Weld County Code. The site lies within the Intergovernmental Agreement Area for the Town of Gilcrest and the City of Evans. It is also within the three-mile referral area of the Towns of Milliken, LaSalle, and Gilcrest, as well as the Cities of Evans and Greeley. The site is not located within a Special Flood Hazard Area, a Geologic Hazard Overlay District, an Airport Overlay District, or a Municipal Separate Storm Sewer System (MS4) area. According to referral comments from the Change of Zone case, the proposed development is situated on land identified in the US -85 PEL (Planning and Environmental Linkages) study as necessary for future intersection improvements at US -85 and County Roads 35/46. While the PEL recommendations are conceptual and subject to change, the development may be affected by future intersection safety improvements. Additionally, the subject property has two (2) pipeline rights -of -way (ROW) easements granted to Philips 66 and Chevron running through it. The applicant has coordinated with both companies regarding the layout of the internal roadway and lots in relation to these pipelines. During the Minor Subdivision Sketch Plan process, neither Philips 66 nor Chevron raised concerns, nor did they provide referral comments regarding the MINF24-0001 submittal. The Philips 66, 60' pipeline easement was granted in 2017 via reception number 4360284. This agreement specifically gives the grantor the ability to construct roadways over the subject easement. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the Minor Subdivision Final Plan application requirements per Section 24-5-60 of the Weld County Code. 2. The submitted materials are in compliance with Minor Subdivision Final Plan review criteria. The criteria for recommendation are located in Section 24-5-70.A.5 of the Weld County Code including referral agency and surrounding property owner comments and compliance with the regulations contained in the Weld County Code, being the Minor Subdivision Overview and Standards per Section 24-5-10 and Section 24-5-20 of the Weld County Code. 3. The submitted materials are in compliance with Minor Subdivision Final Plan Overview per Section 24-5-10 (lettered A thru H) of the Weld County Code, as follows: A. The Minor Subdivision process is for subdivisions proposing a maximum of nine (9) lots, excluding agricultural outlots. The Minor Subdivision is subject to a two- or three -step review and approval process. The Minor Subdivision process includes the Minor Subdivision Sketch Plan and Minor Subdivision Final Plan applications described in Article V of Chapter 24. The proposed Minor Subdivision will create five (5) industrial lots. This Minor Subdivision application followed the standard three -step application process. B. The Minor Subdivision process may include a Change of Zone application as described in Chapter 23, Article II, Division 1 and Section 24-5-50 of the Weld County Code, as amended and shall be MINF24-0001 Page 2 of 12 processed after the Minor Subdivision Sketch Plan application and before or concurrent with the Final Plan application. Change of Zone, COZ20-0007, being a rezone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District was approved by the Board of County Commissioners on January 6, 2021, and was recorded on July 7, 2021, under Reception # 4733235. C. A Minor Subdivision may only be permitted under a single Final Plan application. No individual phasing or filings are allowed. This Minor Subdivision will be completed with a single Final Plan application. D. Lots which are part of a Historic Townsite or any recorded Planned Unit Development or major or minor Subdivision, shall not be divided further by a Minor Subdivision. The land to be divided by the subject Minor Subdivision is not part of a Historic Townsite or part of a recorded Planned Unit Development or subdivision. E. A Minor Subdivision may be considered an Urban Scale Development or Non -Urban Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended. This Minor Subdivision is considered a Non -Urban Scale Development. This development classification is only permitted outside of one (1) mile of a municipal sewer line and requires a public water source and public sewer or onsite wastewater treatment systems. This development meets these requirements. This development will be served by Central Weld County Water District and each lot will have individual on -site wastewater treatment systems (OWTS). F. The Resubdivision requirements shall be followed when proposing modifications to a recorded Minor Subdivision Final Plat as described in Article IX of Chapter 24 of the Weld County Code, as amended. Additional lots may be created by the Resubdivision process within an existing Minor Subdivision, so long as the overall number of total lots in the existing Minor Subdivision does not exceed nine (9) buildable lots. If requested by the applicant in the future, the Resubdivision process will be utilized to amend this subject Minor Subdivision. Given this Minor Subdivision requests five (5) lots, there is the potential to amend the Final Plat to include up to four (4) additional lots. G. The Minor Subdivision shall adhere to Chapters 22 and 23 of the Weld County Code and the Subdivision General Provisions, Conformance Standards and Subdivision Design Standards per Chapter 24, Articles I, II and III of the Weld County Code, as amended. The request to adjust the lot configuration between the Minor Subdivision Sketch Plan (MINK24- 0001) by adding one (1) additional lot does not constitute the processing of a new Minor Subdivision Sketch Plan. The change is considered minor and does not alter the general requirements or compliance with Weld County Code. Therefore, despite this adjustment, the Minor Subdivision application remains in compliance with the relevant sections of the Weld County Code, specifically, Chapter 22 [Comprehensive Plan], Chapter 23 [Zoning Ordinance] and Chapter 24 [Subdivision Ordinance]. Compliance with these chapters was demonstrated in both the Minor Subdivision Sketch Plan (MINK24-0001) and the Change of Zone (COZ20-0007) staff reports. H. The Minor Subdivision process shall not be used to circumvent the Planned Unit Development process by locating more than one (1) Minor Subdivision adjacent to one another. There are no other existing or pending Minor Subdivisions adjacent to this proposed application. 4. The submitted materials are in compliance with Minor Subdivision Final Plan Standards per Section 24-5-20 (numbered 1 thru 22) of the Weld County Code, as follows: A. The property to be divided by the proposed Minor Subdivision shall be comprised of legal lots. M I N F24-0001 Page 3 of 12 The property is a single legal lot, being Lot B of Recorded Exemption RE -4059, recorded June 15, 2005, reception # 3295087. B. Lots within a Minor Subdivision shall be served by a public water supply system. Potable water will be provided from the Central Weld County Water District (CWCWD), a receipt for purchase of five (5) taps from the district was included with the submittal. CWCWD referral dated November 11, 2024 states that the taps require a line extension. The line extension agreement has not been executed with the property owner yet. Lots should not be transferred in ownership prior to the line extension agreement being executed. C. Lots within a Minor Subdivision shall be served by an on -site wastewater treatment system (OWTS) or public sewer. Sewer Service will be provided by on -site wastewater treatment systems (OWTS) and the application has satisfied Chapter 24, On -site Wastewater Treatment Systems (OWTS) report requirements of the Weld County Code. An On -site Wastewater Treatment System report was included from CDS Engineering Corporation which is dated July 16, 2021. The report indicated "Based on the conditions described above, an absorption system should be suitable for this site." All OWTS shall be engineered designed for commercial use. D. The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the Weld County Code, as amended, excluding the A (Agricultural) Zone District. The Minor Subdivision will be located in the 1-2 (Medium -Industrial) Zone District. E. Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one -quarter (%) mile, in any direction, as measured from the exterior property line of any existing, platted Minor Subdivision or Rural Land Division. The nearest platted Minor Subdivision is approximately 0.5 miles south of the Baker property, which is the Hunt-Wiedeman PUD. The nearest Minor Subdivision is the Weld County Industrial Park approximately 1 mile south of the Baker subject property. The location of this Minor Subdivision is compliant with this separation requirement. F. The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone district requirements per Chapter 23, Article III of the Weld County Code, as amended. The minimum lot size in the 1-2 (Medium Industrial) Zone District is not defined in the Weld County Code. All the proposed five (5) lots will be larger than one (1) acre in size with public water and septic systems. On average the lots will be fifteen (15) acres in size. The smallest lot is proposed to be five (5) acres in size with the largest lot being a proposed thirty-five (35) acres in size. G. If the average lot area exceeds three (3) acres in size in an Estate zoned Minor Subdivision, no common open space, or recreational elements are required. The average lot size is 15.73 acres for this Industrial zoned Minor Subdivision. Therefore, no common open space or recreational elements are required of this request. H. The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots, excluding outlots. The proposed Minor Subdivision involves the creation of five (5) industrial lots, which is less than nine (9) lots. No outlots are proposed. M I N F24-0001 Page 4 of 12 I. A Homeowners Association is required and shall be managed by the property owners within the Minor Subdivision. A Homeowners Association shall be required. Conditions of approval and Plat Notes shall ensure this standard. A Declaration of Covenants, Conditions, and Restrictions shall be recorded, following recordation of the Minor Subdivision Final Plat. J. Drainage and utility easements within Minor Subdivision shall follow the easement standards per Chapter 24, Article III of the Weld County Code, as amended. Section 24-5-70.A.4. of the Weld County Code, being the Minor Subdivision Final Plan procedure section, states: "The Department of Planning Services shall schedule the Minor Subdivision Final Plan utility design on the first available Utilities Coordinating Advisory Committee meeting prior to the Board of County Commissioners hearing. The Utilities Coordinating Advisory Committee shall review the Final Plan for compliance with Section 24- 3-60 of the Weld County Code, as amended." The Board of County Commissioners approved the removal of the Utilities Coordinating Advisory Committee from the Weld County Code, with the effective date of November 28, 2024. With that being said Planning staff will require default Easement Standards per Section 24-3- 60 of the Weld County Code. K. The Minor Subdivision lots shall be accessed via a privately maintained road located in a single internal publicly dedicated right-of-way. The proposed Minor Subdivision lots will access onto a privately maintained road, located in a single internal publicly dedicated right-of-way. L. All lots within a Minor Subdivision shall connect directly onto an internal public road. No Minor Subdivision shall contain any access easement except: a. Preexisting access easements for nonresidential purposes for example ditch roads, oil and gas facility access roads, et cetera. b. Access easements solely for the use of emergency services. c. Easements to provide lot owners with access to common elements located within the Minor Subdivision. M. The Minor Subdivision roadway shall intersect with a publicly maintained roadway. The Minor Subdivision roadway intersects with County Road 46, which is a publicly maintained road. N. The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained roadway. The Minor Subdivision internal roadway is perpendicular to County Road 46. O. The Minor Subdivision internal roadway shall not access directly onto County arterial roads or County, State, or Federal highways. The Minor Subdivision internal roadway accesses onto County Road 46, identified as a collector roadway per the 2024 Weld County Functional Classification Map. According to referral comments from the Change of Zone case, the proposed development is situated on land identified in the US -85 PEL (Planning and Environmental Linkages) study as necessary for future intersection improvements at US -85 and County Roads 35/46. While the M I N F24-0001 Page 5 of 12 PEL recommendations are conceptual and subject to change, the development may be affected by future intersection safety improvements. P. The Minor Subdivision roadway shall be maintained by the Homeowners Association. The Minor Subdivision roadway will be maintained by the Homeowners Associations. Prior to approval of the Declaration of Covenants, Conditions, and Restrictions, the Weld County Attorney's Office will ensure the maintenance of the internal road is addressed via a condition of approval. Q. The Minor Subdivision roadway shall be paved if connecting to a paved publicly maintained roadway. The Minor Subdivision roadway may be gravel if connecting to a gravel publicly maintained roadway. The Minor Subdivision roadway connects to a paved publicly maintained roadway. Therefore, the Minor Subdivision roadway shall be paved. R. All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended. Weld County Department of Planning Services - Development Review staff will ensure that accesses are in accordance with Chapter 8, Article XIV of the Weld County Code. S. An Improvements/Road Maintenance Agreement may be required. An Improvements Agreement is required as a condition of approval of this request. T. The Minor Subdivision shall reasonably accommodate the requirements of fire districts, police authorities and other emergency services. Emergency responders and the school district were sent referrals throughout this Minor Subdivision process. The LaSalle Fire Protection District, referral dated November 14, 2024, provided comments regarding the roadway design and the fire flow requirements, the Fire District did not have any concerns with the request. The Weld County Sheriff's Office responded with no concerns in their referral dated October 17, 2024. These agencies were also notified during the Minor Subdivision Sketch Plan application and did not submit any comments at that time. U. The Minor Subdivision shall be designed to preserve prime agricultural land. The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated August 20, 2020, as submitted in the COZ20-0007 application materials, and the Engineering Geology Report dated February 12, 2024, submitted with the MINK24-0001 application, describes the property containing primarily vona sandy loam soils. These soils are classified as "Prime farmland if irrigated" however, the property is not irrigated and is not utilized for farming activities. The subject parcel is located within the West Greeley Conservation District (WGCD). WGCD returned a referral dated November 12, 2024, without concerns but provided comments consistent with the NRCS Custom Soil Report from August 20, 2020. V. The Minor Subdivision shall be designed to preserve wetlands, wildlife habitats, historical sites and burial grounds. The proposed subdivision will not have an undue or adverse impact on wildlife. No known historical site or burial grounds are on the property. The Colorado Parks and Wildlife referral, dated October 28, 2024, did not include any comments. M I N F24-0001 Page 6 of 12 5. The submitted materials are in compliance with other Minor Subdivision Final Plan review considerations: A. Municipalities - The site is located within the Intergovernmental Agreement Area for the Towns of Gilcrest, Milliken and the City of Evans and is also within the three (3) mile referral area of the Towns of Milliken, LaSalle and Gilcrest and the Cities of Evans and Greeley. The City of Evans returned a signed NOI describing a desire for annexation, but the city is unable to provide service to the properties. The towns of Gilcrest and Milliken did not return signed Notice of Inquiry form. These four municipalities were sent a referral notice during the Minor Subdivision Final Plan application. La Salle returned a referral, dated October 28, 2024, and expressed an interest to receive all future development applications for review. The City of Evans returned a referral, dated October 17, 2024, and delineated that the city and applicant met back in January of 2024 and discussed possible annexation, but the city cannot provide services therefore annexation will not be pursued. The Town of Milliken returned a referral, dated October 18, 2024, with no concerns. All municipalities were notified during the COZ20-0007 process and MINK24-0001 process expressing the same comments. B. Surroundings Property Owners - The Department of Planning Services sent notice to nine (9) surrounding property owners within 500 -feet of the subject parcel. No responses have been received back. If any responses are received prior to the public hearings, they will be included as exhibits for the case. C. Surrounding Land Uses - The surrounding lands are a mix of agricultural farmland, rural residential, on -going oil and gas operations and industrial lands. The surrounding lands are zoned A (Agricultural) and 1-2 (Medium Industrial). There are several Use by Special Review permits in the immediate area including USR23-0007 (SEF) to the north; USR13-0012 (agricultural services business) to the north, USR-1053 (seed production facility) to the north; USR11-0010 (oil and gas support and service) to the north; SPR23-0005 (outdoor storage and seed storage) to the east; SUP -31 (dairy) to the east; USR23-0006 (SEF) to the west; MUSR14- 0031 (mineral resource development) to the west; USR19-0054 (SEF) to the west; and USR11- 0005 (oil and gas support and service) to the west. D. Overlay Districts - The proposed Minor Subdivision is not located within the Airport Overlay District, 1-25 Overlay District, Historic Townsite Overlay District, Agricultural Heritage Overlay District, Geological Hazard Overlay District, MS4 area or within a Special Flood Hazard Area. Therefore, no additional compliance with Overlay Districts must be demonstrated. The Colorado Geological Survey referral, dated August 9, 2024, did not include any requirements. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE MINOR SUBDIVISION FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the Minor Subdivision Final Plat: A. The applicant shall submit a Site Plan Review application to amend SPR21-0001. (Department of Planning Services) B. The applicant shall supply to the Weld County Department of Planning Services an executed Potable Water Service Agreement from Central Weld County Water District. (Department of Planning Services) C. The applicant shall submit the name of the street of the proposed development along with the street addresses for review to the Weld County Sheriff's Office, Department of Planning Services - Addressing, United States Postal Services and LaSalle Fire Protection District. Evidence of each agency's approval shall be submitted in writing to the Department of Planning Services. This road name will be used in addressing of the Minor Subdivision lots. There shall be no duplication of road names within the area. (Department of Planning Services) M I N F24-0001 Page 7 of 12 D. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions (CCR) of the required Homeowners Association, for review and approval by the Weld County Attorney's Office and Department of Planning Services. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the Weld County Department of Planning Services for recordation with the appropriate recording fee. The CCRs shall incorporate any changes required by the Weld County Attorney's Office and Department of Planning Services. (Department of Planning Services) E. The applicant shall submit Certificates from the Secretary of State demonstrating that "The Homeowners Association" has been formed and registered with the State. (Department of Planning Services) F. An Improvements and Road Maintenance Agreement is required for on -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Development Review) G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) H. A final accepted TIS stamped and signed by a Colorado Licensed Professional Engineer is required. (Development Review) 2. The Minor Subdivision Final Plat shall delineate the following: A. All sheets of the plat shall be labeled Minor Subdivision No. MINF24-0001. (Department of Planning Services) B. The plat shall be prepared in accordance with Section 24-5-80 of the Weld County Code. (Department of Planning Services) C. The plat shall include the acreage and dimensions of each lot. (Department of Planning Services) D. Show and label all existing fencing and any conflicting boundary evidence. (Department of Planning Services) E. Show and label the Minor Subdivision internal publicly dedicated road right-of-way. Within the dedicated right-of-way, the internal roadway will be located. (Department of Planning Services) F. Show and label the internal Minor Subdivision Road with the approved road name, width, radii, surface type, etc. A stop sign and road name sign shall be shown at the proposed intersection. (Department of Planning Services) G. Each lot shall have a minimum frontage width onto a public roadway of thirty (30) feet per Section 24-3-50.H of the Weld County Code. (Department of Planning Services) H. Show and label the requisite easements Section 24-3-60 of the Weld County Code. Utilities shall be installed underground within these easements according to Section 24-3-180 of the Weld County Code; standard exceptions apply. (Department of Planning Services) I. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) MINF24-0001 Page 8 of 12 J. Show and label the existing oil and gas infrastructure on site. Reference the recorded Easement, Right-of-way and Surface Use Agreement and access roads related thereto. (Department of Planning Services) K. County Road 35 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the Final Plan map the existing and future rights -of -way (along with the documents creating the existing right-of-way) and the physical location of County Road 35. If the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the right-of-way line. This road is maintained by Weld County. (Development Review) L. County Road 46 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the Final Plan map the existing and future rights -of -way (along with the documents creating the existing right-of-way) and the physical location of County Road 46. If the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the right-of-way line. This road is maintained by Weld County. (Development Review) M. Show and label the preliminarily approved access (intersection) location, and the appropriate turning radii (65' minimum) and width measured at the right-of-way (40' maximum) on the Final Plan map. The applicant must obtain an access permit in an approved location prior to construction. (Development Review) N. Show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) O. Show and label the required utility easements for each lot. (Development Review) P. The applicant shall show on -site parking areas, if applicable. (Development Review) 3. The following notes shall be delineated on the Minor Subdivision Final Plat: 1) A Site Specific Development Plan and Minor Subdivision Final Plan, MINF24-0001, for five (5) 1-2 (Medium Industrial) lots. (Department of Planning Services) 2) The lots shall adhere to the bulk standards of the 1-2 (Medium -Industrial) Zone District listed in Chapter 23, Article III, Division 4 of the Weld County Code, as amended. (Department of Planning Services) 3) All existing and future uses in the Minor Subdivision are subject to the 1-2 (Medium -Industrial) Zone District requirements listed in Chapter 23, Article III, Division 4 of the Weld County Code, as amended. (Department of Planning Services) 4) Any future structures or uses on site may be required to obtain approval through the appropriate zoning and building permits. (Department of Planning Services) 5) Any future subdivision of land shall be in accordance with Chapter 24 of the Weld County Code, as amended. (Department of Planning Services) 6) Installation of utilities and requirements of the service providers shall comply with Section 24-3- 60 and Section 24-3-180 of the Weld County Code. Any property owner shall not construct any improvements within identified easements. (Department of Planning Services) MINF24-0001 Page 9 of 12 7) A Homeowners Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each lot owner. The Association is responsible for liability insurance, taxes and maintenance of streets, private utilities and the enforcement of covenants. (Department of Planning Services) 8) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 9) The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Development Review) 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 11) The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 12) Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) 13) Weld County is not responsible for the maintenance on on -site subdivision roads. (Development Review) 14) Water service may be obtained from Central Weld County Water District. (Department of Public Health and Environment) 15) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) 16) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) 17) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) 18) If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) 20) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) M I N F24-0001 Page 10 of 12 21) Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Planning Services) 22) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 23) The Resubdivision process shall be followed when proposing changes to a recorded Minor Subdivision Final Plat. 24) Failure to Comply - The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in withholding Weld County permits. (Department of Planning Services) 4. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one -hundred - twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. Failure to Record - If the Minor Subdivision final plat has not been recorded within one hundred eighty (180) days from the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred eighty (180) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested conditions of approval. 6. Failure to Construct - If no construction has begun in the Minor Subdivision within three (3) years of the date of the approval of the Minor Subdivision Final Plan by the Board of County Commissioners, the Department of Planning Services may require the property owner to appear before the Board of County Commissioners and present evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the Minor Subdivision. The Board of County Commissioners may extend the date for initiation of the Minor Subdivision construction and shall periodically require the applicant to demonstrate that the Minor Subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the Minor Subdivision Final Plat have changed or that the property owner cannot implement the Minor Subdivision Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Minor Subdivision Final Plat and order the recorded Minor Subdivision to be vacated. M I N F24-0001 Page 11 of 12 7. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 8. In accordance with Appendix 5-J of the Weld County Code, should the Minor Subdivision Final Plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. 9. No subdivision development shall commence until a Minor Subdivision Final Plan application is approved and a Minor Subdivision Final Plat is recorded in the Weld County Clerk and Recorder's Office and the improvements be constructed per the terms of the Improvements Agreement. 10. Following recordation of the Minor Subdivision Final Plat, the property owners shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Minor Subdivision Final Plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. 11. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) C. The applicant must obtain an access permit for the approved location on County Road 46. (Development Review) M I N F24-0001 Page 12 of 12 December 3, 2024 Eric Wernsman 16493 Essex Rd South Platteville, CO 80651 Subject: MINF24-0001 - Zoning). DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: mnader@weld.gov Phone: (970) 400-400-3527 Fax: (970) 304-6498 A Final Plan for a Minor Subdivision (5 lots with 1-2 (Medium Industrial) On parcel(s) of land described as: LOT B REC EXEMPT RE -4059; PART S2SE4 & S2S2N2SE4 SECTION 11, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 7, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 29, 2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, Maxwell Nader Planner Minor Subdivision Sketch Plan Administrative Review Case Number: MINK24-0001 Owner: Representative: Request: Legal Description: Section 11, T4N, R66W of the 6th P.M., Weld County, CO Location: Daniel and Debra Baker 32776 Vista Lake Road, Greeley, CO 80631 Planner: Kim Ogle Wernsman Engineering and Land Development, c/o Eric Wernsman P.O. Box 105, LaSalle, CO 80645 Minor Subdivision for four (4) Industrial lots with 1-2 (Medium Industrial) Zone District Uses Lot B of Recorded Exemption RE -4059; being a part of the S2SE4 and S2S2N2SE4 of West of and adjacent to County Road 35; north of and adjacent to County Road 46 Parcel Size: +/- 81.57 acres Parcel #: 1057-11-4-00-002 The criteria for review of this Minor Subdivision Sketch Plan are listed in Chapter 24, Article III, Section 23- 3-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • State of Colorado Division of Water Resources, referral dated March 5, 2024 • Weld County Oil and Gas Energy Department, referral dated March 6, 2024 • Weld County Department of Public Health and Environment, referral dated March 7, 2024 • Weld County Department of Planning Services — Development Review, referral dated March 8, 2024 • West Greeley Conservation District, referral dated March 11, 2024 • Farmers Independent Ditch Company, referral dated March 15, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Town of Milliken, referral dated March 8, 2024 • Town of LaSalle, referral dated March 13, 2024 • City of Greeley, referral dated March 15, 2024 • Central Weld County Water District, referral dated March 15, 2024 • Weld County Sheriff's Office, referral dated February 23, 2024 • City of Evans referral dated February 27, 2024 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Gilcrest • Noble Energy (Chevron) • Colorado Parks & Wildlife • Colorado Geological Survey • LaSalle Fire Protection District • Weld County School District RE -1 • Colorado Department of Transportation MINK24-0001 I Baker Page 1 1. NARRATIVE: This Minor Subdivision Sketch Plan application (MINK24-0001) proposes a non -urban scale development of four (4) Industrially zoned lots on an approximately seventy-seven(77) acre parcel. The site is currently zoned 1-2 (Medium Industrial) per Change of Zone case # COZ20-0007 approved by the Board of County Commissioners on January 6, 2021 and recorded on July 7, 2021 via reception # 4733235. The property is located west of and adjacent to County Road 35; north of and adjacent to County Road 46. The land is being utilized for Dan's Garage Site, permitted under Site Plan Review No. SPR21-0001 recorded July 7, 2021 under Reception # 4733236. The site is located within the Intergovernmental Agreement Area for the Towns of Gilcrest, Milliken and the City of Evans and is also within the three (3) mile referral area of the Towns of Milliken, LaSalle and Gilcrest and the Cities of Evans and Greeley. The site is not located within a Special Flood Hazard Area, Geologic Hazard Overlay District, Airport Overlay District or Municipal Separate Storm Sewer System (MS4) area. Per the Change of Zone referral comments, the proposed development is on a parcel of land identified in the US -85 PEL as necessary for future intersection improvements at US -85 and CRs 35/46. While the PEL recommendations are conceptual and subject to change, the development may be impacted by intersection safety improvements in the future. 2. PLANNING STAFF REVIEW: The Department of Planning Services' staff and referral agencies have reviewed the Minor Subdivision Sketch Plan application. Planning staff comments are based upon consistency with Chapters 19, 22, 23, and 24 of the Weld County Code. Select Minor Subdivision requirements and items of interest are described below. The Final Plan application shall adhere to all of the Subdivision General Provisions, Conformance Standards and Subdivision Design Standards per Chapter 24, Articles I, II and III of the Weld County Code. 1. Zoning and Lot Size: The proposed Minor Subdivision lots are zoned 1-2 (Medium Industrial) as detailed in Chapter 23, Article III, Division 4 of the Weld County Code. The maximum lot coverage is eighty-five (85) percent of total area of the lot. 2. Service Providers: The application indicates the Subdivision will receive potable water from the Central Weld County Water District for potable water and fire flow, Onsite Wastewater Treatment Systems to address effluent flows, Electrical requirements to be addressed by XCEL Energy with heating fuel provided by propane. Law Enforcement will be provided by the Weld County Sheriff's Office. Fire Protection will be provided by LaSalle Fire Protection District. 3. Non -urban Scale Development: The Subdivision meets the definition of an "Nonurban Scale Development" per Section 24-1-40 of the Weld County Code in effect at this time of application submittal. This Section defines "Nonurban Scale Development" as developments comprised of (9) or fewer lots, located in a nonurban area as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. The definition of "Non -urban Scale Development" states these are developments comprised of nine (9) or fewer lots. These types of developments are only permitted outside of one (1) mile of a municipal sewer line. Nonurban scale developments require a public water source and public sewer or onsite MINK24-0001 I Baker Page 2 wastewater treatment systems (OWTS). Internal paved roads and storm drainage may be required. This proposal meets both definitions of Non -urban Scale Development within the Weld County Code. 4. Development separation: The proposed subdivision exceeds the one -quarter (1/4) mile separation criteria from other existing Minor Subdivision or Rural Land Division per Section 24-5-20.A.5 of the Weld County Code. 5. Easements: The Minor Subdivision Sketch Plan map does not clearly indicate easement design. The Final draft plat shall delineate the location of any proposed easements. Per the Weld County Code, the minimum standards are fifteen (15) feet minimum drainage and utility easements are required adjacent to public road rights -of -way. Twenty (20) feet minimum drainage and utility easements are required along internal lot lines and shall be apportioned equally on abutting properties. Ten (10) feet minimum drainage and utility easements are required along exterior lot lines. Corner exterior lots requires fifteen (15) feet. Easements shall be designed to provide efficient installation of utilities and drainage swales. Proposed easements may be modified by the Utilities Coordinating Advisory Committee. All per Section 24-3-60 of the amended Weld County Code. Public utility installations shall be located to permit multiple installations within the easements to avoid cross connections, minimize trenching and adequately separate incompatible systems per Section 24- 3-180 of the amended Weld County Code. 6. Mineral Owners Stipulation: The applicant previously reached out to Occidental Petroleum Corporation, Anadarko Oil and Gas OnShore, LP, Kerr-McGee Gathering, Noble Energy (Chevron), and PDC Energy, Inc., as evidenced in the electronic mail dated September 30, 2020 prior to submitting the Change of Zone, COZ20-0007 application. During the Site Plan Review or Use by Special Review development process, the applicant has indicated all future development will not interfere with future extraction of mineral resources and the mineral estate. 3. REFERRAL AGENCY OVERVIEW: Notice of the proposed Minor Subdivision Sketch Plan application was sent to the appropriate referral agencies, as required per Section 24-3-30.A of the Weld County Code and Section 24-5-40.A.2 of the amended Weld County Code. Nineteen (19) referrals were sent to agencies who may be impacted by this proposed development. Six (6) agencies responded with comments, six (6) agencies responded without concerns, seven (7) agencies did not return a response. An overview of the comments provided by the six (6) agencies that responded with comments are listed below: 1. State of Colorado Division of Water Resources referral dated March 5, 2024 The proposed water source is the Central Weld County Water (District). A letter for water service from the District dated December 28, 2023 ("Letter") was provided in the referral material. The Letter noted that the water is currently available to the property through tap 1683 and that other taps can be made available. Water service for new taps can be made available provided all requirements of the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are satisfied. We do not know if the applicant has met these other requirements. Based upon the above and pursuant to sections 30-28-136(1)(h)(I) and 30-28-136(1)(h)(II), C.R.S., it is our opinion that the proposed water supply is adequate and can be provided MINK24-0001 I Baker Page 3 without causing injury to decreed water rights so long as the District is committed to serving the lots. 2. Oil and Gas Energy Department referral dated March 6, 2024 The site includes five (5) active oil and gas wells, four (4) listed with Noble Energy (Chevron) as the operator and one (1) listed with KP Kauffman Company as the operator. Additionally, there is one (1) plugged and abandoned well, listed for Noble Energy (Chevron) as the operator. The site also includes two (2) Location Assessment for Pipeline (LAP) with DCP Operating Company, LLC (Phillips 66) listed as the operator. As a general note the site may also include additional oil and gas infrastructure, such as off -location flowlines, or pipelines which are a use by right and not regulated by Weld County. 3. Weld County Department of Public Health and Environment, referral dated March 7, 2024 The application has satisfied Chapter 24 of the Weld County Code regarding water service. The application indicates that Central Weld County Water District will provide water and a commitment letter from the District dated December 28, 2023, was included with the application. The application has satisfied Chapter 24, On -site Wastewater Treatment Systems (OWTS) report requirements of the Weld County Code regarding sewer service. An On -site Wastewater Treatment System report was included from CDS Engineering Corporation which is dated July 16, 2021. The report indicated "Based on the conditions described above, an absorption system should be suitable for this site." All OWTS shall be engineered designed for commercial use. Environmental Health Services recommends the following notes for the final plat: 1. Water service may be obtained from Central Weld County Water District. 2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. 5. If land development exceeds 6 months in duration or 25 acres, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. 4. Weld County Department of Planning Services — Development Review, (representing Engineering and Public Works interests) in their referral dated March 8, 2024 This Division commented on a variety of topics including access, adjacent roads and rights -of -way, traffic, Improvements and Road Maintenance Agreement requirements, drainage requirements, internal roads requirements, construction schedule, utility mapping and grading. MINK24-0001 I Baker Page 4 Highlights include the following: Access: Per Section 8-14-30 of the Weld County Code, an Access Permit is required for access to Weld County maintained roadways. All "preliminarily approved" accesses are subject to change during the access permitting process. Roads and Rights -of -Way: County Road 35 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. This road is maintained by Weld County. County Road 46 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. This road is maintained by Weld County. Code, Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. Drainage: In compliance with Section 24.5-30.B.16., of the Weld County Code, the applicant has submitted a Drainage Narrative for the Sketch Plan phase of this project. The narrative submitted meets the requirements for the Sketch Plan submittal. For Final Plan, a final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is required prior to recording the minor subdivision final plat. The drainage report must include a certification of compliance stamped and signed by the Professional Engineer. Roads: Per Sections 24-3-20.A.1., 24-3-20.A.12., and 24-3-20.A.13., subdivisions are required to have an internal roadway that serves each lot with the roadway geometry and pavement design specified in the Weld County Engineering and Construction Criteria manual. At Sketch Plan, a general statement of expected traffic patterns and traffic behavior on the internal road, and a typical roadway cross section will be required. The general statement and cross-section should include: the width and depth of the roadway, the type of road surface, any off-street parking areas, any loading zones, the radius of the cul-de-sac, the point of access to the public right-of-way, and notation of proposed ownership of the internal road as being private. Design standards for streets are listed in Chapters 8 and 24 of the Weld County Code. At Final Plan, pavement study information, the type of road surface, any parking/loading areas, the access to public right-of-way, curb and gutter, and sidewalk (if applicable), the layout of the roadway, vehicular speeds, traffic signage, and roadway plan and profiles (horizontal and vertical curvature) will be required. A full Traffic Impact Study will be required with the Final Plan submittal. Improvements and Road Maintenance Agreement: An Improvements and Road Maintenance Agreement will be requested. The agreement will be, in part, for on -site improvements per Section 24-2-40. Collateral will be required to ensure the improvements are completed (and maintained during construction) and to cover any repairs needed during the warranty period. MINK24-0001 I Baker Page 5 Construction Plans At Final Plan, a construction set of plans will be required. The plan set shall include at a minimum: • Cover Sheet • Final Plat • Typical Cross Sections • Horizontal Control Plan • Right -of -Way Exhibit • Roadway Plan and Profile Sheets • Intersection Details • Utility Map • Grading Plan • Sediment and Erosion Control Plan • Detail Sheets Construction Schedule At Final Plan, a construction schedule will be required with the submittal. The schedule shall show the approximate dates for construction to begin and end. It shall also describe the anticipated stages associated with the development, the number of buildings/structures to be constructed in each stage, and the common open space areas (with quantities) to be completed in each stage. Utility Map At Final Plan, it will be required that the vehicular circulation system be depicted on a Utility Map. The utility map shall show: gas lines, waterlines, electrical lines (above or below ground), telecommunication lines (if applicable), sewer lines (if applicable), utility and drainage easements with labels, any culverts, and any structures. Weld County Department of Planning Services — Development Review recommends the following notes for the final plat: 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 6. Weld County is not responsible for the maintenance on on -site subdivision roads. (Development Review) 5. West Greeley Conservation District referral dated March 11, 2024 The West Greeley Conservation District identified the soils on the subject property and surrounding properties as advisory notes but did not display any concerns for the proposed Minor Subdivision request. MINK24-0001 I Baker Page 6 6. Farmers Independent Ditch Company, referral dated March 15, 2024 The Farmers Independent Ditch Company provided advisory comments for when the site should develop but did not display any concerns for the proposed Minor Subdivision request. 4. RECOMMENDATION: The purpose of the Minor Subdivision Sketch Plan application and staff analysis is to inform the applicant of general concerns, submittal deficiencies, and recommended redesign. After reviewing the Minor Subdivision Sketch Plan proposal, it is the opinion of the Department of Planning Services that with resolution of referral agency comments and the outstanding items as detailed above, the proposed Subdivision will comply with the Weld County Code. The applicant shall address the requirements as outlined herein and submit the Minor Subdivision Final Plan application. The application requirements and process is detailed in Chapter 24, Article V, Section 24- 5-60, Section 24-5-70 and Section 24-5-80 of the Weld County Code. Regards, Kim Ogle Principal Planner File: MINK24-0001 Comments sent via Electronic Mail to: Eric Wernsman, ejwerns25(a�gmail.com MINK24-0001 I Baker Page 7 Hello