The URL can be used to link to this page

Browse Search

Home My WebLink About20200310.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant: ALF Todd Creek Village North LLC Case Number PUDZ18-0006 Submitted or Prepared Prior to Hearing At Hearing 1Surrounding Property Owner Letter — Marcus — received November 6, 2019 X 2 Correspondence regarding sewer service — Erb — sent January 3, 2020 X 3 Mineral Owner/Operator Response — Oxy — received January 6, 2020 X 4 Surrounding Property Owner Letter — Sakata — received January 7, 2020 X 5 Utility January Provider Letter 17, 2020 - Todd Creek Village Metropolitan District - received X 6 New Brantner Extension Ditch Company Letter — received January 7, 2020 X 7 City of Fort Lupton Letter — received January 21, 2020 X 8 Weld — Fort Lupton Correspondence — January 21, 2020 X I hereby certify that the eight items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Angela Srarder, Planner EXHIBIT to to 1 Sent Via -Mail November 6, 2019 Weld County Planning and Zoning 1555 N. 17th Avenue Greeley, CO 80631 Attn: Angela Snyder Dear Angela, Law Offices of Maria Petrocco 8704 Yates Drive #100 Westminster, CO 80031 Maria M Petro cco Licensed in Colorado and Wyoming Re: PUDZ 18-006/ Alpha Equinox Todd Creek Village North My client, Carroll Marcus of 9965 Weld County 2, Brighton, Colorado has asked me to write this letter of disapproval regarding the zoning change in the above -referenced matter. Mr. Marcus farms and resides directly across WCR 21 from the proposed development and this zoning change allowing high density development will have a serious impact on his standard of living. We believe that the proposed development is a direct contravention of local policies. It does not respect local context and land pattern; the proposed 300 homes would be entirely out of the character of the rural and agricultural area, to the detriment of the local environment. The properties along County Road 21 and County Road 2 are characterized by large farms and large residential estates. The proposed development will be entirely out of keeping. The proposal would demonstrably harm the amenities enjoyed by local residents, in particular safe travel on the dark county roads and privacy. Furthermore, allowing such high population density in this area brings more pollution, crime and traffic. phone_ 720.216.5175.1 fax: 720. 79.6480 I I www. petroccoiaw, com 1 of 1 I am certain this land is not suitable for 300 homes. I have over 35 oil and gas wells on my property along with the large oil and gas facilities. Thiscould be very problematic. I am concerned that these wells and facilities could affect the safety and welfare of all the 300 families living in close proximity. Even if these families would initially accept the oil and gas development on my land and neighboring lands, eventually these people would start complaining about the noise, smell and health effects of oil and gas development. We believe the zoning change is a detriment to the quality, character and amenity value of the area, as outlined in the points above. I.n conclusion we would also like to request that the application be denied. We would be grateful if the planning commission would take the objections into consideration when deciding this application. My client would welcome the opportunity to meet with a representative of the planning, department at his farm to illustrate these issues first-hand, Thank you in advance for your time and attention. • Very truly yours, LAW OFFICES OF MARIA IA PETROCCO cc: Carroll Marcus phone: 720.216.5175. ] fax: 720.379.6480 I I www.petroccofaw.com 2 of 2 From: Jeffrey Erb To: Bob Choate Cc: Angela Snyder Subject: RE: Dry Creek PUDZ; Fort Lupton Referral Date: Friday, January 3, 2020 12:18:00 PM Attachments: image001.onq IGA between Fort Lupton and TCVMD re Sewer Service (00440577xC440A).pdf EXHIBIT 2 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Bob, Thanks for the note. Am I correct in assuming your conversation to Andy was triggered by my e-mail to Andy yesterday about this issue? The IGA between Fort Lupton and TCVMD is attached (but with TCVMD's prior name — but same district). The conditions for sewer treatment by Fort Lupton are largely the construction of the collection system and delivery to the Fort Lupton plant, as well as any increases in capacity to the Fort Lupton treatment facility that may be required due to the increase inflows. Obviously, a big driver for the developer to start investing the money on the collection system is approval of the change of zone and the district. As of now, I'm planning on being at the planning commission meeting on the 7th, so perhaps I'll see you then. I'll also be in the office all day Monday (as of now), so please feel free to give me a call if you want to discuss. Sincerely, Jeff Jeffrey E. Erb, Esq. Seter & Vander Wall, P.C. 7400 E. Orchard Road, Suite 3300 Greenwood Village, CO 80111 303-770-2700 303-770-2701 (fax) jerbs vwpc. corm www. svwpc. corm CONFIDENTIALIPRIVILEGED COMMUNICATION. This e-mail may contain attorney -client or otherwise privileged and confidential information intended only for the use of one of our clients. Dissemination, distribution or copying of this communication is strictly prohibited. If you believe that this e-mail has been sent to you in error, please reply to the sender that you received the message in error and delete this e- mail. Although this e-mail and any included files are believed to be free of any virus, the files should be virus scanned before opening them. From: Bob Choate <bchoate@weldgov.com> Sent: Friday, January 3, 2020 12:01 PM To: Jeffrey Erb cj erb@svwpc.com> Cc: Angela Snyder casnyder@weldgov.com> Subject: Dry Creek PUDZ; Fort Lupton Referral Jeff, just spoke with Fort Lupton's attorney, Andy Ausmus. He's out of the office helping his wife after surgery, but he and I have known each other a long time. Andy made it clear that Fort Lupton is not saying that they will not provide sewer service, but simply that there are conditions that need to be met before they can make that happen. I haven't seen the IGA between Todd Creek Metro District and Fort Lupton, but I understand you probably can share that with me. What I'd like to do is take a look at it and see what conditions still need to be met, and try to make an independent determination of the likelihood that that can actually be accomplished in a reasonable amount of time (meaning, before final approval of the PUD Final Plan). Can you send that my way? I'll be out of office this afternoon and this weekend, but I'll be back on Monday morning. Have a great weekend. Thanks, Bob Choate Assistant Weld County Attorney 1150 'O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Crouch@oxy.com To: Anoela Snyder Cc: Matt Hartford(aoxy.com; Paul RatlifM oxy.com; Brett Cavanagh(aoxy.com Subject: Letter of Rights - Title 32 Metropolitan District Date: Monday, January 6, 2020 4:29:08 PM Attachments: image001.onq 202001061436.pdf to 10 S EXHIBIT 3 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Angela, Please find attached a Letter of Rights in regards to the proposed Dry Creek Metropolitan District located in the W2 of Section 35, T1N-R67W. This letter is to inform you that Kerr-McGee Oil & Gas Onshore LP, Anadarko Land Corp., and Anadarko E&P Onshore LLC do not object to the approval of the subject Land Use Application but does want to make it clear that Kerr-McGee Oil & Gas Onshore LP, Anadarko Land Corp., and Anadarko E&P Onshore LLC do have certain rights to the lands mentioned above. If you have any questions please feel free to give me a call at the number listed below. Thanks, Tom Crouch Sr. Landman DJ Surface Long Term Planning Occidental Petroleum Corporation 1099 18th St. Suite 1800 Denver, CO 80202 Office (720) 929-6797 Cell (720) 215-8215 ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000 1099 18T" STREET, SUITE 1800 • DENVER, COLORADO 80202 4nada.4� Petroleum Corporation January 6, 2020 V.E-MAIL Weld County Department of Planning Services Attn: Angela Snyder 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P ONSHORE LLC AND KEIRR-McGEE OIL & GAS ONSHORE LP Re: Title 32 Metropolitan District Dry Creek Metropolitan District No. 1 Township 1 North, Range 67 West Section 35: W2 Weld County, CO Ms. Snyder: This letter is being submitted on behalf of Anadarko Land Corp. and Anadarko E&P Onshore LLC (together the "Anadarko entities") and Kerr-McGee Oil & Gas Onshore LP ("JCMOG" or the 'Company") to inform you that the Anadarko entities own mineral interests and KMOG is the owner of a valid oil and gas lease underlying all or parts of Section 35, Township 1 North, Range 67 West ("Property"). The mineral interests constitute a real property interest that entitles the Anadarko entities or their lessees to develop, operate and maintain oil and gas wells on the Property in accordance with applicable local and Colorado Oil and Gas Conservation Commission ("COGCC") regulations. The Anadarko entities believe that their mineral interests have significant value. KMOG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The Company has the right to produce from existing wells, to maintain, rework, recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. 1040G's oil and gas assets have significant value, and the Company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its oil and gas interests. The Anadarko entities and KMOG do not object to the subject site specific development plan and special review permit providing the Applicant conforms to the Surface Use Agreement that was executed on July 14th, 2010, and recorded on August 2nd, 2010 with the Weld County Clerk and Recorder at reception number 3708910, Non -Exclusive Pipeline Easement that was executed on October Pt, 2010, and recorded on April 15th, 2011 with the Weld County Clerk and Recorder at reception number 3762725, Right -of -Way Grant that was executed October 29th, 1974, and recorded on October 3Pt, 1974 with the Weld County Clerk and Recorder at reception number 1647750 and Right -of -Way Grant executed on April 21st, 1975 between Larry Spencer Rule and Robert Lynn Rule, contract purchasers and Noel Hubert Jr. and Sharon J. Hubert, sellers and Panhandle Eastern Pipe Line Company. Please note that although the Anadarko entities and KMOG do not object to this application, we continue to assert our rights to make reasonable use of the surface of the property to develop our mineral interests. Please contact me at 720-929-6797 if you have any questions or comments about this matter. Sincerely, ANADARKO PETROLEUM CORPORATION Tom Crouch Landman cc: Matt Hartford Brett. Cavanaugh Paul Ratliff Joe Evers EXHIBIT From: To: Subject: Date: Robert Sakata Anoela Snyder RE: Todd Creek proposal Monday, January 6, 2020 6:33:44 PM a 5 4 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Snyder, Thank -you. Reading over the Staff recommendation document for the January 7th hearing thank you very much for including as a condition of Change of Zoning condition #18 "Weld County's Right to Farm Statement. On a daily basis we are struggling with the urban growth that is occurring where people moving to the "country" don't understand and often don't respect farmers private property rights. Trash being dumped on our fields everything from TV's, tires, couches, mattresses, to daily rubbish. People driving their ATV, and even 4 wheel drive vehicles across them just to have fun with no regard to what crops may be growing in them. Anyway thanks for including that statement. Looking at the diagrams for the drainage plan I am still very concerned. Their description in Section I -B "description of the property" bullet #2 states: "The site generally slopes in the easterly direction towards the South Platte River at a relatively flat 2-3% natural gradient" is somewhat misleading because there is no direct way for water draining from that property to make it passively to the South Platte River. Because of that I feel that storm water retention structures need to be greater than that normally required in order to prevent our fields from becoming flooded because of releases from their ponds. When they talk about historic flows being released from these ponds I don't know where they will go because there are no current pathways to the river. On the east side of our property flows the Brantner Irrigation canal which is a barrier for water to go any further east. We have invested in center pivot irrigation systems for our property and utilize things like dammer dikers in order to eliminate runoff from irrigation because of the concern for flooding our fields. I would hope that you would investigate further the potential consequences of storm water flows from this proposed development. Sincerely, Robert T. Sakata Sakata Farms Brighton, CO. From: Angela Snyder <asnyder@weldgov.com> Sent: Monday, January 6, 2020 3:05 PM To: Robert Sakata <RTSakata@aol.com> Subject: RE: Todd Creek proposal Mr. Sakata, Here are the plan sheets for the subdivision and the preliminary drainage report submitted with the sketch plan. To access the rest of the case documents, go to https://accela-aca.co.weld.co.us/citizenaccess/ Then... • Click on "Planning" on the top menu bar • Type "PUDZ18-0006" into the Record Number box • Click on the "Record Info" arrow drop -down menu • Click on "Attachments" Let me know if you have any questions. Kind Regards, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyderCr weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Robert Sakata <RTSa kata ao 1. co m> Sent: Monday, January 6, 2020 1:48 PM To: Angela Snyder <asnyde rRO we Idgov.com> Subject: Todd Creek proposal Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know• the content is safe. Dear Ms. Snyder, My name is Robert T. Sakata, owner of Sakata Farms in Brighton Colorado. I lust found out about a potential change to property just west of where we farm on Weld County Road 2 and east of WCR 21. Our parcel is 146935000004 under Yoshi and Suzu LLLP. Could I get information about this proposal? Specifically I am concerned about how they plan to deal with stormwater drainage. Thanks, Robert T. Sakata Sakata Farms Inc. Brighton, CO. 80601 303 659-1559 TODD CREEK VILLAGE METROPOLITAN DISTRICT 10450 E. 159th Court Brighton, CO 80602 Tel: 303-637-0344 www.toddcreekvillage.orq toddcreek@toddcreekvillage.org January 16, 2020 ALF Todd Creek Village North Peter Martz - p�martzIrc corecast, net PO BOX 50223 Colorado Springs, Co 80949 RE: Sewer Service Will -Serve Commitment for Proposed Development Property in Weld County, Colorado, Township I North, range 67 West, section 35 Dear Mr. Martz: Please be advised that as requested by you on behalf of the Applicant, the Todd Creek Village Metropolitan District (the "District") will serve the proposed development property (the "Property") as described on ("Exhibit A") with sanitary sewer service upon compliance with the terms and conditions outlined in this letter. The Property is within the District's authorized Service Area. This Service Area has an approved 208 Plan for sanitary sewer treatment issued by the North Front Range Water Quality Authority and any service provided to the Property will be done in accordance with this 208 Plan. The City of Fort Lupton (the "City") entered into an Intergovernmental Agreement ("lGA") with the District on August 9, 2006. Under the terms and conditions of the 1GA, the city agreed to provide sewer treatment services to the District's Service Area and acknowledged that it had both unused sewer treatment capacity and the legal and technical ability to seek expansion to its existing treatment facility to provide said service. In order to receive service from the District, the Applicant will be required to negotiate and enter into with the District a Service and Tap Purchase Agreement that further details the terms and conditions upon which service will be provided to the Property. The District and ALF Equinox Todd Creek Village North, LLD entered into that certain Water and Sewer Service Agreement (ALF Equinox) on September 17, 2008 (the "ALF Service Agreement") whereby the Parties established certain terms and conditions related to servicing the Property. Subsequent to the execution of the ALF Service Agreement, the Parties engaged in litigation in Weld County District Court under Case No. 2013 CV 30665. The Court issued an Order After Trial (the "Order") regarding the effect of the ALF Service Agreement. Any Service and Tap Purchase Agreement entered into subsequent to this Letter shall comply, in its entirety, with the terms of that ALF Service Agreement as well as the Order. To the extent there is any conflict between this Letter or a subsequent Service and Tap Purchase Agreement and the ALF Service Agreement or the Order, the ALF Service Agreement and the order shall control. Once the Applicant has entered into a Service and Tap Purchase Agreement with the District, The District will then be responsible for either establishing a connection to the city, in accordance with the terms of the IA, or to the Northern Treatment Plant of the Metro Wastewater Reclamation District. The District will also be responsible for all costs associated with completing the infrastructure and/or capacity expansions needed to complete such connection. The District will work with the Applicant to complete the overall design of the infrastructure necessary to make such connection and the District will be responsible for securing and providing all easements in which the connection will be constructed. It is understood that the Applicant may rely upon a special district to satisfy some or all of the conditions precedent to receiving service. To the extent that a special district will be created within the District's service area to assist the Applicant with obtaining service, the District shall be permitted to review a draft of the service plan associated with the proposed special district, prior to submittal to Weld County, and the service plan must include the requirement of the ALF Service Agreement that the proposed special district, following organization, enter into an intergovernmental agreement with the District. We appreciate the opportunity to provide the Property with sanitary sewer service in the future. Should you have any questions or need additional information, please contact us at your earliest convenience. Sincerely, on Summers, General Manager & Vice President Todd Creek Village Metropolitan District EXHIBIT A - LEGAL DESCRIPTION LOT .** RECORDED EXEMPTION NO, 146945433 RE44624 MID LOT wir RECORDED EAEMPTION NO. 146945-03 RE433, BOTH IN THE OFFICIAL RECORDS OF THE CLERK AND RECORDER, CO NIY OF WELD STATE OF CLYING CHIN THE WEST HALF OF SECTION 35, TOWNSHIP I I HOKIN, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS Ot M: BEGINNING AT ME SCUrT HWt$T CORNER OF SAID SECTION 5; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER SAID SECItON 35} NORTH Q'4 3E WEST, DISTANCE OF 24639.81 FEET TO THE WEST QUARTER CORNER Of SAID SECTION . SAID POINT ALSO BENG THE NOThWE T CORNER OF SAID LOT "B RECORDED EXEMPTION NO. 1469450403 R - s; THENCE ALONG THE NORTH NE OF SAiD SOUTHWEST QUARTER. ALONG THE NORTHERLY, WESTERLY, AND EASTERLY BOUNDARY'S OF SAID LAST DESCRIBED LOT °r THE F FIVE (5) COURSES. NORTH 89'36'284 EAST. A DISTANCE 738_93 FEET; 2) NORTH '24 32 WEST, A DISTANCE'1544.0.3 FEET; 3) SOUTH 584%48'43s EAST; A DISTANCE - 45C.99 FELJ ` TO E BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVOC A RADIUS OF 5.29.58 FEET; 4: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07:1 Terd AN ARC LENGTH Of 22817 FEET SOUTH 00 4Y 1 ° EAST, A DISTANCE OF 2,44045 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 35 AND SECTION 2. TOWNSPIIP SOUTH. RANGE 67 WEST OF THE SIXTH PRiNCiPAL MERIDIAN, THENCE NALONG lintSOUTH LINE SAO SOUTHWEST QUARTER. SOUTH r WEST, A INSTATE OF 1.316A5 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 79.525 ACRES. (3464OS9 SQUARE FEET). MORE OR LESS. LAW OFF ]ZCES OF Angela Snyder, CFM 1555 . 17th Avenue Greeley, CO 80631 Email: asnderweld,ov. corn •• .•;, liar Jt' -V1 ,1:1Su • •• n •• V 11:1 1• I • Y.1 Jill .er r Jul •, •• •r • as :• iin 11._• t•5•. ml 711 nn a •• r• '• •• l lull �• Y\ IIII • al; :IL a• •• �• • it .•111 4 �• 1.1. IIII ♦5. ••n. / • av v___•_r•._Yr JI:Yau: u•JY.•• p 9 25 South 4th Avenue Brighton, Colorado 80601-2029 Telephone: 303-659-3171 Fax: 303-659-5053 January 7, 20 20 Re: Ref. No. PUD 1 S-0006 On behalf of New Brantner Extension Ditch Company Dear Ms. Snyder: a S EXHIBIT 6 Thank you for reaching out to the New Brantner Extension Ditch Company ("New Brantner") with regard to the above -referenced project. As you know New Brantner is a Colorado Mutual Ditch Company which has been in existence since the mid -1800's. New Brantner services a number of agricultural and municipal shareholders in the area of the proposed development and claims an 80' prescriptive easement in the area measured 30' above the centerline of the ditch and 50' below. New Brantner offers the following comments with regard to the project: 1. The ditch may not be used for flood routing or flood storage. Storm water may not be routed to and will not be permitted to enter the ditch. 2. Public access to the ditch easement area is not permitted. 3. Pedestrian, equine or motorized vehicle trails are not permitted within the ditch easement area. 4. No above or below ground improvements are permitted within the ditch easement area. 5. No crossing of the ditch proper or other encroachment into the ditch easement area is permitted without New Brantner's prior written approval. + :\UsersUudy\Documents\Ditches NewBrantner Referrlal Comment Letters\Weld County_ref PUDZ I R-0006 &pcx Please let me know if the County or Developer has any further questions or concerns. ery truly yours, esaleaC Brice Steele I /j 1c Cc: New Brarztner C \UsersUody1DocumentslDi tches4hlewBrantnerlReferral Comment Letters4Weld Caunty_ref PUDZ 16-t3006 docx AUSMUS LAW FIRM, P+ C 6020 Greenwood Plaza Blvd., Suite 1(10 Greenwood Village, O 80111 Telephone: 303-694-4248 eiefax:3 o3-694-4956 e-mail: arr£4' usnruslaiv. con: January 21, 2020 Mr. Bob Choate, esq. Weld County Attorney 1555 N. 17th Avenue Greeley, CO 80631 EXHIBIT fi itn rid J. Andrew Ausmus Of Counsel Christy . Ausmus T ricia McCarthy Re: City of ft. Lupton Reply regarding Dry Creek Metro Dist. No. I Case No. MET 19-0003 Dear Bob: I am its receipt of your communication pertaining to the above -referenced referral, and in particular dealing with specific language in the IGA between the City of Fort Lupton and Todd Creek Farms Metropolitan District. To reiterate, Fort Lupton's obligation to provide sewer services is contingent upon conditions that currently do not exist under paragraph I (A) of the IGA. I understand your position on the normal procedure of the County as it currently is constituted and interpreted, however, the language you reference in the IGA was a specific negotiated term at the time of execution of the IGA. As such, I think it makes sense to continue this submittal to another date to allow the City staff to meet with the Todd Creek Farms Metropolitan District representatives to discuss this matter further. Please do not hesitate to contact me with any questions. Sincerely, AUS AW F . P.C. Ausr1 Cc: City Administrator City Planner City Engineer EXHIBIT From: Bob Choate To: Angela Snyder; Kristine Ranslem Subject: FW: Fort Lupton Referral for Dry Creek PUD Date: Tuesday, January 21, 2020 11:08:48 AM Attachments: IGA between Fort Lupton and TCVMD re Sewer Service (00440577xG440A).pdf scan across 2020-01-21-11-02-10.pdf to Angela and Kris, I don't know if you have my email below in the record yet, but if not go ahead and include it, Attached is the IGA between Fort Lupton and Todd Creek Metro District, so include that if you haven't already, and finally we just got the attached letter from Fort Lupton's attorney Andy Ausmus. Please include that as well and we'll address it with the Planning Commission today. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Bob Choate Sent: Wednesday, January 8, 2020 1:59 PM To: Andy Ausmus candy@ausmuslaw.com> Cc: Angela Snyder <asnyder@weldgov.com> Subject: RE: Fort Lupton Referral for Dry Creek PUD Andy, Thanks for the phone call the other day. I later spoke with Jeff Erb and he provided me with a copy of the IGA between Todd Creek and Fort Lupton (attached for your convenience). After review, I'm satisfied that the proposed development is substantially similar to that which was contemplated back when the IGA was signed. There's only one issue I'd like to request your opinion on, which relates to some language in section LA: r'... none of the rights or obligations set forth in this IGA will be effective, unless and until the District enters into an intergovernmental agreement with the County, and the owners of property within the Growth Area secure vested development rights from the County...". Unlike many municipalities, Weld County does not enter into development agreements with land use permittees (although we do for certain infrastructure improvements, but that doesn't affect vested property rights). Rather, the developer's rights vest upon approval of the land use permit. For this permit, the developer's rights will vest upon approval of the PUD Change of Zone by the Board of County Commissioners. I interpret this provision of the IGA as requiring the District to demonstrate vested development rights, but not necessarily show an executed IGA. with the County, because that's not our normal procedure. This is the last issue to be addressed before County staff can recommend approval, so I wanted to make sure you didn't have a different interpretation. wouldn't want the Board to approve the PUD Change of Zone and then Fort Lupton says the Metro District still has to sign an IGA with the County. The Weld County Planning Commission pushed this out until Tuesday the 21st, and the BOCC is hearing it on Wednesday the 29t • In order to update her staff report in time, I would hope you could tell us your thoughts sometime next week. If not, we'll probably have to continue both hearing dates, but of course we will do what needs to be done. Thanks in advance for your thoughts. As always, feel free to give me a call or email. Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Bob Choate Sent: Friday, January 3, 2020 9:42 AM To: Andy Ausmus <andyausmuslaw.com> Cc: Angela Snyder <asnyder@weldgov.com> Subject: Fort Lupton Referral for Dry Creek PUD Hi Andy, I hope all is well with you and yours. We've been pretty darn busy here in Weld County, as I'm sure you are. I'm following up on your letter (attached) regarding the provision of sewer services to Todd Creek Metropolitan District for use in the Dry Creek PUD. The PUD is scheduled to be heard next Tuesday (January / ) by the Weld County Planning Commission, but we anticipate it will be continued to January 21st. Because the applicant has to prove up sewer service as a requirement of the PUD Change of Zone application, this is something that stops the project. I don't know all the details, but my understanding is we may have a Catch -22, where Fort Lupton needs the PUD Change of Zone to be approved before committing to provide sewer service, but the County needs Fort Lupton to commit to provide sewer service before approving the PUD Change of Zone. If my understanding is correct, I think we could move forward with an updated letter from Fort Lupton indicating what conditions Todd Creek needs to meet before Fort Lupton would commit to providing sewer service. I would ask if you could make yourself available for a short phone call, preferably early next week, but I'm glad to work around your schedule. Please let me know, and have a great weekend! Thanks, Bob Choate Assistant Weld County Attorney 1150 'O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello