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Home My WebLink About20081990.tiff ♦ MI GI FOSTER GRAHAM MILSTEIN LSTE I N MILLER CALISHER LLP ATTORNEYS AT LAW • Exhibits Board of County Commissioners Weld County • EXHIBIT July 16, 2008 1 LL acs 2008-1990 List of Exhibits 1 July 7, 2008, Letter From Town of Mead;Objection to Substation Location 2 HBA Comparison of Building Permits Issued 3 July 15, 2008, Report of Land Architects 4 PowerPoint Slides of Land Architects Report Presentation 5 July 15, 2008, Report of Bowes&Company Appraisers 6 Summary Exhibit Regarding Landowner Testimony and Alternate Sites 7 Resume of Mike Kboudi 8 July 15, 2008, Letter from Myra lane Silengo 9 Group Exhibit, United Power Referral Comments for Liberty Ranch OD10 Group Exhibit, BOCC Approval of Waterfront (No United Power Conditions) 11 April 7, 2008, Homeowner Objection to United Property Appeal 12 Homeowner Objection Letters 13 Updated Homeowner Objection Letters 14 July 15, 2008, Letter From FGMC to Weld County Attorney's Office 15 United Power November Newsletter(Regarding return of$1M in Capital Credits) dal Town of Mead ead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 Mead-"A Little Town (970)535-4477 Office With a Big Future" (970)535-0831 Fax July 7, 2008 Mr. William Jerke, Chairman Weld County Board of Commissioners 915 10th Street, 3rd Floor P. O. Box 758 rreeley CO 80632 Dear Chairman Jerke: The Board of Trustees for the Town of Mead has directed me to write a letter objecting to the proposed location of the substation for United Power adjacent to the Liberty Ranch Subdivision in the Town of Mead. The Board of Trustees is requesting that the County Board of Commissioners deny thc request to site the facility in its proposed location for the following reasons: • The proposed facility does not comply with the Mead Comprehensive Plan which calls for residential uses at this site as well as on all sides of this property. • The proposed facility is incompatible with the adjacent neighborhood. • The proposed facility will have a negative impact on adjacent property values. • The proposed facility will have a negative impact on the future development of adjacent properties in the general vicinity of the proposed substation. • The proposed facility will have a negative impact on the health, safety and welfare of adjacent residents. • The proposed facility will have a negative visual impact on nearby residents. • The owner/developer of the facility cannot mitigate the negative impacts of the facility. • The owner/developer has not properly investigated all reasonable alternatives. On behalf of the residents of Mead the Board of Trustees objects to the proposed location for an electrical substation by United Power. The Board of Trustees urges the Weld County Board of Commissioners to deny the application by United Power for an electrical substation in this location. Thank you for your consideration of our request. Very truly yours, Oa, 2 Ca-- Dan J. 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C C J O d L J L pd L>d O a 2 c o ' d d L o d o o _ c ' d d d d = O O o J Q < Q < m oo m 0 0 0 0 O ❑ W W W W LL O O 0 J J J J J J z 0_ W m r » r • ,1� 3 1of10 LAND "�,�''� ARCHITECTS Iperspective balance a subsidiary of • f July 15 2008 land architects international• Highlands Ranch, CC Fort Collins, CC Mountain View, CA ' Centex Homes I Denver Division Attn: Linda M. Purdy, Division Land Manager 10333 E. Dry Creek Road, #300 ' Englewood, CO 80112 303.705.5219 office ' Re: Liberty Ranch Adverse Impacts related to the Proposed United Power Substation Project 1 Dear Ms. Purdy, ' Land Architects has been retained by the Centex Homes, Denver Division (Centex) to conduct a series of site related analyses relating specifically to the proposed United I • Power Substation project adjacent to the property known as Liberty Ranch, located in Weld County, within the limits of the Town of Mead Colorado. Liberty Ranch is a partially developed but fully approved master planned community that includes such ' amenities as parks and open space lands, trails that are interwoven into the overall design. The purpose of this analysis is to assist Centex in evaluating potential impacts to the existing approved site development plans for Liberty Ranch associated with the proposed United Power Substation Project which is currently being contemplated on land bordering the southern boundary of Liberty Ranch. The proposed site of the Substation construction is on a parcel of land located approximately 130-ft south of the ' south west property boundary of Liberty Ranch. The proposed substation site is bordered on the north side of the property by the Town of Mead. All property surrounding the proposed substation is either zoned, platted constructed or comprehensively planned medium density residential in its use. ' Credentials & Expertise of Consultant Land Architects is a design firm made up of land planners, architects, landscape architects and development process and project management experts associated with real estate development consulting. As founder and CEO of Land Architects ' International, Ken Puncerelli, has been involved for more than 22 years with planning and designing hundreds of thousands acres of land for the enrichment of people to live, • work, and play. Ken is a CLARB—certified landscape architect and licensed in 13 states. ' • He has worked on site scale construction projects and amenity-based and golf course 9137 South Ridgeline Boulevard,Suite 130 • Highlands Ranch,Colorado 80129 1303.734.1777 • Fax 303.734.1778 Land Planning I Resort & Golf Course Design I Landscape Architecture www.landarchitects.net 1825 Sharp Point Drive,Suite 126 • Fort Collins,Colorado 80525 1970.484.4100 • Fax 970.484.4111 2 of 10 1a master planned communities in more than 30 states nationally. Additional work rounding out his portfolio of experience includes golf course communities and resort ' design work in Hawaii, the Caribbean, and Mexico. In terms of educational credentials, Mr. Puncerelli holds a Master's Degree in Landscape Architecture from Kansas State University, as well as undergraduate degrees from Colorado State University and the ' State University of New York. In addition, he has completed course work at Harvard University as well as holds a Master's of Business Administration Degree from Regis Jesuit University. ' Land Architects has developed an expertise in both the design and the development approval process for projects similar to Liberty Ranch over the last 13 years of the firm's ' existence, and has specifically overseen several large developments taken through various stages of the development approval process, as well as a number of site scale projects. Representative examples of these projects include; ' o Adler Estates — 320 acres ( south of Liberty Ranch, along WCR 7, Weld County) ' o Meridian Village — 860 acres (east of 1-25 of Lincoln Avenue & west of Town of Parker) o Liberty Ranch — 160 acres (subject property, Town of Mead) ' o Kietley Ranch — 160 acres (Adjacent to Liberty Ranch, Weld County) o Meadow Ridge — 800 acres (Weld County) o Mead Village — 130 acres (Town of Mead & Weld County) • o Westrian Ranch — 320 acres (Town of Mead) a Wildcat Ridge — 320 acres (Highlands Ranch) o The Summit at Castle Pines - 1320 acres (south of the City of Castle Pines North and North of the Town of Castle Rock) o Silengo Property — 60 acres (Town of Mead) ' Land Architects is familiar with the area involved and has reviewed the proposed landscape and mitigation plans submitted as part of the application for the proposed United Power Substation. The Scope of Our Work for This Assignment Land Architects initially focused on existing and future land use factors such as zoning, permitted land uses, topography, vegetation, easements, and view sheds. In addition, we were also asked to review comprehensive land use plans and development codes ' specific to the area. This background investigation formed the basis for determining what types of land uses are appropriate in the "Before Condition" (before proposed substation) and why Centex planned the property accordingly. Secondly, our firm was asked to assess undue adverse affects on existing and future development as well as evaluating if the proposed United Power Substation facility mitigates negative impacts on the surrounding area to the greatest extent feasible from a landscape architecture, land planning and aesthetic perspective as it relates to Liberty Ranch approved development plan in the "After Condition" (after proposed substation). 3 of 10 1 • Existing Conditions and Site Analysis ' The Liberty Ranch is generally located at the south west intersection of State Hwy. 66 and WCR 7 extending westerly '/ mile to the intersection of State Hwy. 66 and WCR 5- 1/2. The property extends south approximately another Y mile to the south forming a ' nearly square shaped parcel of land for a total of approximately 160 acres. Originally known as Fredriksen Farms during the land development approval process, Liberty Ranch has been master planned, annexed, zoned (medium density residential) and final ' platted within the Town of Mead, Colorado. Please refer to Exhibit A — Vicinity Map Our initial evaluation of the Liberty Ranch in the "Before Condition" included a site ' analysis and land use plan that evaluated limiting factors for the future development of the site Please refer to Exhibit B- Land Use Plan Liberty Ranch (submitted to Town of Mead). These included review of total site acreage, identification of floodplain areas, title work of the property, review of site encumbrances, power line easements, vegetation massing, views, steepness in topography, land preserve areas, and both ' existing and probable future access to the site. Some of the highlighted opportunities and limitations that we derived from this analysis included the following: ' o Drainages, arroyos, and wildlife habitat are not present on site as the land had been crop farmed for a number of decades prior to development. o Reserved oil, gas, and mineral interests on the site are isolated to approximately • the SE 40 acres of the site. Io Topographic site conditions on site are gently sloping land with drainage flowing to the south and south west. ' o A 50-ft power line easement occurs along the southern boarder of the site. o Vehicular site access is limited to 5 primary areas (1-Hwy 66, 2- WCR 7, and 2- WCR 5-1/2). ' o The sphere of influence, which is generally defined as land ownership(s) within 500 feet of a given property that are subject to notification of any proposed change in land use or proposal for land use by special review'. o Surrounding land uses also provide context and compatibility issues that place a reliable outcome on what might be considered appropriate land uses next to Liberty Ranch. ' o The Mead Comprehensive Land Use Plan illustrates medium density residential developments 3-4 du/acre to the south (Slater Property), west of WCR 5-1/2 (Silengo Property), and East of WCR 7 (Kietley Property) Other land uses within ' Liberty Ranch include general commercial /medium density residential which parallel the northern boundary along State Hwy. 66 frontage. To the North across State Hwy. 66 on the Equinox property general commercial and low ' density residential land uses are defined. Please refer to Exhibit C- Town of Mead Land Use Plan (overall & enlargement of Liberty Ranch sphere of influence. Please refer to Exhibit D- Weld County MUD Land Use Plan. • 1500-ft notification radius is a requirement by the Town of Mead Land Development Code as part of any land use application, specific to annexation and zoning. ' 4of10 1 • As a result, the proposed Substation site is surrounded 100% on all sides by medium density residential uses. Liberty Ranch is currently 25% developed out, and with 80 ' total homes built in the area. The total investment by Centex in this development to date is approximately $20 million. ' Liberty Ranch Development Process Timeline Specific details relating to the approved Annexation, Zoning, Preliminary and Final Plat ' will be described in this section for Liberty Ranch. For purposes of developing a framework for this analysis, we started with a historical timeline summarizing the status of development approvals granted to date. Liberty Ranch has gone through the ' complete development approval process as follows: o November 2002 Centex commissions Land Architects to analyze land uses, site features, access, and entitlement process in both Weld County and Town of Mead in order to develop a site master plan the is of the highest and best use, legally permissible, physically possible and economically feasible. o October 2003 Submittal to Town of Mead for Annexation and Land Use Zoning o April 2004 Annexation and Zoning approved by vote of the Town. ' o Summer 2004 Centex representatives approach the Slater's owners of the property South of Liberty Ranch about purchase of the land for medium density residential neighborhood similar to Liberty Ranch. The Slater's were not • interested in selling. Io July 2004 Preliminary Plat Submittal to Town of Mead o November 2004 Preliminary Plat (for the entire property) Approved by Town of Mead. o Recorded June 23, 2005 Final Plat Filing 1 Approved by Town of Mead (the initial lots along the western property boundary) layout identical to Preliminary ' Plat. o Recorded September 26, 2007 Final Plat Filing 2 Approved by Town of Mead (the remaining residential lots along the north, east, and southern property boundary) layout identical to Preliminary Plat. o October 1, 2007 Centex representatives receive a letter from Weld County regarding United Powers proposed Substation Project next to Liberty Ranch. This information comes approximately 5 years following initial site due diligence, acquisition, planning, land use approvals, and significant site and home construction began. ' o It should be noted that during the referral process for Liberty Ranch, United Power placed no conditions on the development application concerning power, nor was the need for a new substation mentioned. ' 5of10 ' • "Before Condition" ' Liberty Ranch Development Process Status In the following pages, we provide a summary of how Liberty Ranch was designed as well under the provisions related to the town of Mead Comprehensive Plan, Land Development Code, as well as present and future land uses, aesthetics and predictable ' outcomes associated with the aforementioned criteria. Please refer to Exhibit E— "Before Condition Sketch Plat. Developments are typically phased incrementally and correlate in some rational manner to a cost benefit of construction phasing, anticipated market absorption, and debt service financing. Furthermore, developers and publicly traded homebuilders like Centex routinely take into account future and existing land uses within and around their respective project. This is done in an effort to preserve long term value and mitigate risks against their real estate assets (lots and remaining homes they must sell in a subdivision). Liberty Ranch was evaluated, planned, and developed in this same methodical approach. ' • Centex began real estate due diligence and acquisition over 5 years ago in late 2002 and began exploring land use planning in early 2003. ' • Centex consulting team develops plans based on Town of Mead code, development criteria of both the client and Town of Mead, citizen input, and influences of surrounding land uses adopted in the Town of Mead I • Comprehensive Plan and the Weld County MUD Plan for the area. • Land Uses planned and approved for Liberty Ranch are compatible to surrounding land uses per the Town of Mead Comprehensive Plan. 'I . Approved land uses for Liberty Ranch include medium residential (7000 sf— Single Family Lots )120 acres, 20 acres for school and park in the center of the site, and the remaining 20 acres is commercial. ' . The 2006 Final Plat approvals have provided Centex with a long term guarantee of land use locations, open space and density maximums, as well as associated ' development obligations, and agreements with the Town of Mead. • All land uses within Liberty Ranch are compatible and compliant with the Town of Mead Comprehensive Plan. ' • Final Plat approval is critical in order to the preserve development rights for land uses and site planning. • Centex's Final Plat approval provides them with known and predictable land uses ' associated with the Liberty Ranch property related to business plans with land values for present and future sales values. • The subject location for the proposed United Power Substation is within Weld County and the Town of Mead "Area of Influence" per the Comprehensive plan. • 1 ' 6of10 ' • "AFTER CONDITION" ' United Power Substation Project Adverse Impacts ' A review of the Town of Mead files as well as Centex's project files indicates Centex Homes was never made aware of the United Power Substation Project until after the September 2007 recordation of the Final Plat. As land planners, we certainly consider electrical substations a necessary utility to service development, but they are determined to be an industrial land use by virtue of the fact that they are often unsightly, dangerous, and undesirable within a suburban residential neighborhood. Please refer ' to Exhibit F— "After Condition Sketch Plat& Proposed United Power Substation. According to Weld County Code Section 23-2-400 B "The facility will not have an undue adverse affect on existing or future development as set forth in the applicable master plan (city comprehensive plan)". We have observed the following undue adverse affects that result as associated with this particular facility: ' o Substations are not listed as permitted uses within neighborhoods and medium density residential areas. Clearly Liberty Ranch's suburban residential intensity ' and substantial population associated with it would support this logic. This includes modern day Town of Mead and suburban developments within Weld County. I • o If Centex had prior knowledge of the proposed Substation and/or its proximity to Liberty Ranch's planned development in the south west quadrant of the site, they could have potentially amended plans or made other arrangements for that portion of the property in advance of grading, constructing infrastructure, and homes. o Additionally, it should be noted that all earthwork and associated infrastructure ' improvements as well as homes have been built for much of the property, so modification of the development at this date is not only cost prohibitive, but physically impossible. ' o The proximity of the proposed substation would potentially compel the builder to offer buyers discounts on the homes located adjacent to that part of the site. The proximity of the substation presents an undue public relations and sales obstacle ' for Centex to be able to convince potential home buyers to acquire these home sites when other more desirable locations exist in the local market place that are not adjacent to electrical substations. It also renders those sites potentially ' economically unfit for development. o Discounted home sales resulting from undue adverse affects reduce real estate values overall as well as if current and future residents were to sell their homes. ' o Assuming that you could actually sell new homes in close proximity (130-ft) to an electrical substation in a buyers market as it is today and the foreseeable future provides another compounded obstacle not anticipated during the last 5 years. ' Mitigation of the proposed substation has a substantial impact on Centex after • investing approximately 20 million of dollars into this property. ' 7of10 • According to Weld County Code Section 23-2-400 C "The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent ' feasible". We have observed the site plan for the proposed Substation as provided to Centex by United Power representatives and have determined that United Power has failed to mitigate its proposed facility to the greatest extent feasible. The following ' adverse affects that impact surrounding properties today and in the future will result from the unmitigated design associated with this particular facility: ' o Proposed fencing and safety signage is not a mitigation effort. o While Landscaping is one method in which to buffer the substation facility. It ' should be noted that it will be well over 30 years before heavy landscaping alone would begin to soften the visual impact that a substation in this area will have on the surrounding landscape. This failed attempt at mitigation will adversely affect Centex's sales and marketing efforts of the property for the foreseeable future. o The proposed Substation appurtenances protrude from the finished grade by at least 20 feet and are grouped together and clearly visible from Liberty Ranch. This proposal would have a significant visual impact on at least 28 homes directly adjacent to the southern boundary and at least another 28 that are set back across the street from the southern boundary. Remaining homes within the ' neighborhood would be less impacted as they are further away and would have the aforementioned homes to filter and screen their view. o The length, width, and height of the Substation components can be seen clearly ' , for at least a half mile from 360° angles. o The finished grade and subsequent house elevation for most homes along the southern boundary of Liberty Ranch are at about Elev. 975 and the base ' elevation for the proposed Substation is at about Elev. 952. The homes in Liberty Ranch view down onto the proposed Substation with a 23-ft elevation advantage, so no amount of landscaping will mitigate its visual impact. ' o Land Values of the undeveloped properties (Silengo, Slater, and Hergenreder) surrounding the proposed substation in an unmitigated configuration as observed by the United Power site plan, will never allow Centex or the aforementioned land ' owners to achieve their highest and best use or ultimate value, which is "Medium Density Residential" per both the Town of Mead Comprehensive Plan and the Weld County MUD. ' o If Centex is unable to sell homes adjacent to an unmitigated substation, then adverse visual impacts associated with the proposed substation will be far reaching. A condition of undeveloped fallow land along Liberty Ranch's southern ' border will provide an unobstructed view of the United Power Substation clear to the northern edge of Liberty Ranch and the existing home owners. Home buyers also review development plans to ensure their investment in real estate will ' appreciate over time. o Approval of an unmitigated substation will not only impact Centex's real estate investment, but existing and future home owners as well. • ' 8of10 I a Conclusion In summary, Centex has full approval and vesting for all planning documents based on ' the following: final plat, development agreements and obligations, land use approvals, satisfying engineering criteria, and landscaping requirements of the Town of Mead. The portion of Liberty Ranch subdivision impacted has real estate values in excess of $10,000,000. We have made this determination by calculating 28 homes (the homes directly in sight of the substation) with an average price of $250k = $7,000,000. The remaining values are equated to the remaining homes that would have a less direct view of the substation, but still be visually impacted by its unmitigated presence. However, it should be noted that if Centex cannot sell homes in this area at all, the impacts of this proposed Substation will be far greater and impact not only Centex but ' existing homes owners as well. Please refer to Exhibit G- Photograph showing an existing subdivision in which the Substation was constructed after all homes ' were built in the area. As a planner who has worked in Northern Colorado and specifically Weld County for ' many years, any land use applications that our firm has made on behalf of developers clients have required that the applicant be a good neighbor and mitigate adverse affects at their own expense so as not to impact our neighbors who were there before our ' arrival on the scene. An example of this includes berming and landscaping that has been a routine practice of Land Architects submittals to Weld County where interface occurs between future neighborhoods and oil and gas production. While the visual ' impact of oil and gas production is significant, it pales in comparison to the mass and height of an electrical substation. ' Furthermore, in review of the signed affidavits by neighboring land owners, we know several of them from doing work in the area, and have concluded that they are supporting the project because they are perhaps not represented by a real estate ' professional and they themselves not well versed in land development or real estate values. Because if they were, they would have a different opinion regarding the lack of mitigation to the fullest extent feasible for the proposed United Power Substation. We ' believe United Power should be held to the same standard of mitigation and consideration of neighboring properties interests the development community is routinely held to. 1 • 1 9of10 • Potential Alternatives ' The United Power application for the proposed Substation treats mitigation as an after thought and fails to provide any reasonable or acceptable plan that satisfies the requirements of the code. It is the opinion of Land Architects that several choices exist ' that should have been considered by United Power to address a satisfactory solution for properly mitigating undue adverse affects of the facility design to the greatest extent feasible as required. These alternatives are as follows: 1. Select another site at least 1/2 mile away from existing or proposed suburban ' residential densities and construct an earthen berm around the facility. Please refer to Exhibit H- Photograph showing an existing subdivision in which the Substation has a 20ft tall earthen berm constructed to mitigate views ' from existing homes within 14 mile surrounding the facility. 2. If the facility must remain it its current location, construct at least a 20-ft retaining ' wall around 3 perimeter sides of the proposed substation and create an organically shaped earthen berm facing the north, south and east sides and then have an architectural facade with an access door on the west side of the ' substation along the WCR 5-1/2 frontage. Please refer to Exhibit I- a 20ft tall earthen berm constructed and landscape massing to mitigate views for Liberty Ranch and future development surrounding the facility. I • 3. Then have a licensed landscape architect design a landscape plan for United Power to implement in the following quantities and sizes: a. Plant 3 Evergreen Trees for every 1000 sf of area (within 200ft of the ' perimeter) surrounding the substation — 12 to 15 ft height spaded trees. b. Plant 2 Ornamental Trees for every 1000 sf of area (within 200ft of the perimeter) surrounding the substation — 3 inch caliper size b&b. ' c. Plant 1 Shade Tree for every 1000 sf of area (within 200ft of the perimeter) surrounding the substation — 3 inch caliper size b&b. d. Plant 10 Shrubs for every 500 sf of area (within 200ft of the perimeter) surrounding the substation — 7gallon size. e. Grass/ground cover to be a drought tolerant native grass mix f. All plant material shall be guaranteed, replaced as needed and maintained ' in perpetuity. g. All plant materials will be on an automated drip and/or pop up spray irrigation system. ' 4. If the facility must remain it its current location, construct a subsurface substation within a vaulted system so the facility is not visible from Liberty Ranch 5. If the facility must remain it its current location, construct an open air enclosed substation with an architectural facade with an access door on the west side of ' the substation along the WCR 5-1/2 frontage. Please refer to Exhibit J- Photograph showing an existing subdivision in which the Substation is • enclosed on 4 sides by a full architectural facade and landscaped I 10 of 10 • (demonstrating mitigation to the greatest extent feasible). Then have a licensed landscape architect design a landscape plan for United Power to ' implement in the following quantities and sizes: a. Plant 3 Evergreen Trees for every 2000 sf of area (within 200ft of the perimeter) surrounding the substation — 12 to 15 ft height spaded trees. b. Plant 2 Ornamental Trees for every 2000 sf of area (within 200ft of the perimeter) surrounding the substation — 3 inch caliper size b&b. c. Plant 1 Shade Tree for every 2000 sf of area (within 200ft of the ' perimeter) surrounding the substation — 3 inch caliper size b&b. d. Plant 10 Shrubs for every 2000 sf of area (within 200ft of the perimeter) surrounding the substation — 7gallon size. e. Grass/ground cover to be a drought tolerant native grass mix f. All plant material shall be guaranteed, replaced as needed and maintained ' in perpetuity. g. All plant materials will be on an automated drip and/or pop up spray irrigation system. ' This concludes our analysis of the land use, development approvals, and impacts associated with the proposed Substation by United Power and its adverse affects on ' Liberty Ranch along with our professional observations and conclusions. If you have any questions or need to discuss the report or exhibits please feel free to contact me at my offices in Highlands Ranch, Colorado. ' • Sincerely, '(H PUNC �,A-46�FP� (Puutei 4/./ ski Licensing Date: 01/01/2008 . J'� O ' Kenneth J. 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Le i J Y' Cu) <� Lillik O C4 • rat CD li, ... +.110 t ' timi 0 t • 0 a • D.4 j4 >< i- 0 0 e __ _ I iii y li 1 � IC g w' 1 v, I 0 , s ct ...r in . o . .., , I g 0 O Now . i C "F, :s sa >it as Ams „, , I CU 1 W ' -ow 4-• ... ,z z I `n >‘ c w 0 0 cpc° ' rai � O p V � N j t t g 2 -O 2 i O T.. isuZ ‘ii (1) .51 I a) it i 0 " ti I In 12 CD 013 ../ M fr E >II w (x V ‘Il'" C (6 ss .) I u 0 0 IC)E IC)No `a3 s- BOWES AND COMPANY 621 SEVENTEENTH STREET, SUITE 2601 DENVER, COLORADO 80293-2601 TELEPHONE 303-297-0400 FAX 303-297-2314 WEB SITE www.bowesandco.com EUGENE G. BOWES, MAI, CRE 1916-2005 PETER D. BOWES, MAI, CRE BIRET R. POOLE, MAI July 15, 2008 Mr. David Wm. Foster Foster Graham Milstein Miller Calisher, LLP 621 17th Street 19th Floor Denver, CO 80293 Dear Mr. Foster: You asked us to address the value implications of building a substation adjacent to the Liberty Ranch Subdivision in Mead, Colorado. CLIENT You are our client for this assignment. INTENDED USER You are the intended user of this assignment. PURPOSE AND INTENDED USE The purpose and intended use of this report is part of your presentation to the Weld County Commissioners in opposition of United Power's application to build the substation adjacent to the Liberty Ranch Subdivision. IDENTIFICATION OF THE SUBJECT PROPERTY The subject property is the Liberty Ranch Subdivision in Mead, Colorado. Liberty Ranch is a ±400-lot subdivision located at the southwest corner of State Highway 66 and Weld County Road 7. • REAL ESTATE APPRAISERS AND COUNSELORS Mr. David Wm. Foster -2- July 15, 2008 ID Centex Homes is currently building single-family homes with base prices from about $196,000 to $257,000. The proposed substation site is adjacent to the southwest corner of the development and backs up to a retention pond and vacant residential lots. We estimate the substation affects 5 to 10 lots along the south property line and 3 to 5 lots at the southwest corner of the development, impacting 8 to 15 lots overall. SCOPE OF THE ASSIGNMENT The scope of the assignment includes: ► inspect the subject property P. review maps and exhibits showing the subdivision and proposed substation ► collect, gather, and analyze data showing the effect the proximity to a substation has on value • interview real estate agents with experience listing and/or showing 111 homes adjacent to substations and/or power lines We sent a broadcast email to approximately 600 members of the Colorado Chapter of the Appraisal Institute looking for data to show the impact on value, if any, related to the proximity of a home to a substation. FINDINGS We received three responses from our broadcast email identifying two examples of residential development backing up to substations. We attribute the few number of responses to the rarity of homes backing to substations by design. Therefore, we supplemented the analysis with interviews with real estate agents with experience listing and/or showing homes adjacent to substations and/or power lines. • BOWES AND COMPANY Mr. David Wm. Foster -3- July 15, 2008 We note the following: 6734 South Gilbraltar Street, Arapahoe County. This is a single-family home on 3.06-acre site in Arapahoe County. The house was listed for about 10 months before it was withdrawn from the market. The asking price started at $289,000 and was reduced to $267,000. The property was under contract at one point, but according to the listing agent and the potential buyers' mortgage broker, the buyer was unable to obtain FHA financing due to the proximity to the substation. We were unable to document FHA requirements that would exclude financing a home adjacent to a substation. According to a FHA underwriter it probably would insure a property that is adjacent to a substation. The listing broker indicated that the property's proximity to the substation diminished the value of the property by at least 20%. NOTES FROM INTERVIEWS 111 Following is a summary of comments by residential real estate agents with experience listing and/or showing homes adjacent to substations and/or power lines. ► A broker was selling a home with a power line tower in the yard. It sold for much less than it would have without the power line tower. ► Daniels Park. A broker was selling a home with a power line tower on the property, beautiful open space and views. Broker recommended that the client not buy the property because of the power line and tower. The client bought it anyway. ► One experienced residential broker interviewed will not show properties that have substation/power line issues. ► A broker was involved with a recent home sale with power lines across the backyard. The property sold to a buyer in the neighborhood. Impact of the power lines was down 1 % to 2%. The broker's experience is that properties next to substations take longer to sell and sell for less money. In an upmarket there is some impact; in a soft market the impact is • 5% or more. BOWES AND COMPANY Mr. David Wm. Foster -4- July 15, 2008 SI ► One house in Country Club Estates, Boulder with nominal impact from a substation sold for 3% to 5% less than it would have otherwise. Another house next door, with more impact from the power substation was impacted by 10% or more. Fr Cherry Park, Centennial. Subdivision is 324 homes. Active broker in the area has sold 132 homes; 15 back to major streets, substations, or power lines. Homes next to a substation had a 10% or greater impact. He recommends that his clients not buy homes adjacent to major streets, substations, or power lines because he does not want to handle a resale later. Impact of streets is 3% to 5% in a strong market, 5% to 8% in a soft market. Power lines with towers in the yard 5% in a strong market, 8% in a soft market. Power lines without towers are affected by two-thirds of 5% in a strong market, and two-thirds of 8% in a soft market. P. An experienced broker just sold town home in Aurora with a power line easement against the back lot line. Price reflected a 5% to 10% decrease in value. 41, Owner of a small multi-family property next to power lines. The property had more turnovers and it took longer to rent vacant units. The owners $spent $20,000 to get window access to the basement that made the basement bedroom qualify for FHA. Now the property is better than other competitive properties in the neighborhood and rents hold steady. There was a price paid for this advantage and rent stability. CONCLUSION The indicated loss in value ranges from 1 % to 20% of the property value, with a majority of the responses in the 5% to 10% range. Applying base home prices of $ 196,000 to $257,000, and damages of 5% to 10%, indicates the following. DESCRIPTION FROM TO Base home price $ 196,000 $ 257,000 Loss in value 5% 10% Applied $ 9,800 $ 25,700• The analysis indicates damages of about $9,800 to $25,700 per house. BOWES AND COMPANY Mr. David Wm. Foster -5- July 15, 2008 111 Lot values are typically 20% to 25% of the home value. Applying lot prices at 22% of the home price indicates damages attributable to vacant sites of 23% to 45%: DESCRIPTION FROM TO Base home prices $ 196,000 $ 257,000 Lot value as percent of home price 22% 22% Applied (estimated lot price) $ 43,120 $ 56,540 Loss in value (above) $ 9,800 $ 25,700 Loss in value as a percent of lot price 23% 45% The conclusion are summarized as follows: DESCRIPTION FROM TO Base home price $ 196,000 $ 257,000 Damages as % of home price 5% 10% Damages as % of lot price 23% 45% Damages per home $9,800 $25,700 Number of homes impacted 8 15 Applied $78,400 $385,500 The ranges above are intended to provide reasonable ranges to demonstrate the probable impact on value. Our analysis and conclusions are subject to the Certification that follows this report. Respectfully submitted, re-1-4- 122c Bret R. Poole, MAI Certified General Appraiser CG01320472 Peter D. Bowes, MAI Certified General Appraiser CG013 13591 • Attachments BOWES AND COMPANY CERTIFICATION We certify that, to the best of our knowledge and belief: (a) The statements of fact contained in this report are true and correct. (b) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. (c) We have no present or prospective interest in the property that is the subject of this report and we have no personal interest with respect to the parties involved. (d) We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. (e) Our engagement in this assignment was not contingent upon developing or reporting predetermined results. (f) Compensation for completing this assignment is not 411 contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. (g) The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. (h) The use of this report is subject to the requirements of the Appraisal Institute and the State of Colorado relating to review by its duly authorized representatives. (i) As of the date of this report, we have completed the continuing education program of the Appraisal Institute. (j) We made a personal inspection of the property that is the subject of this report. • CERTIFICATION BOWES AND COMPANY - b - (k) No one else provided significant real property appraisal assistance. 0 r z, ta2 Bret R. Poole, MAI Certified General Appraiser CG01320472 Peter D. Bowes, MAI Certified General Appraiser CG01313591 • 1. • CERTIFICATION BOWES AND COMPANY _ 7 _ BOWES AND COMPANY 621 SEVENTEENTH STREET • SUITE 2601 • DENVER, CO 80293-2601 • 303-297-0400 • FAX 303-297-2314 AID Appraisal and Counseling Qualifications BRET R. POOLE GOVERNMENT REGISTRATIONS: • Certified General Appraiser — Colorado— CG01320472 EDUCATION: • Colorado State University, Bachelor of Science in Business Administration, area of concentration in finance and real estate • University of Colorado at Denver, Master of Business Administration, area of emphasis in finance MEMBER/PROFESSIONAL AFFILIATIONS: • Appraisal Institute (MAI) Secretary-Treasurer, Colorado Chapter, 2008 11. EXPERIENCE: • Seven years experience in banking, including commercial real estate analysis and mortgage loan origination. • Appraisal, counseling, research, litigation support, and testimony regarding land and commercial, special purpose, recreational, environmentally-impacted, and other investment real estate in Colorado and a number of other states beginning in 1990. • Instructor, University of Denver, Daniels College of Business. • Qualified as an expert witness in Colorado District Courts and County Boards of Equalization. • Principal in the firm of Bowes and Company, Denver, Colorado, specializing in appraisal, counseling, research, litigation support, and testimony regarding land and commercial, special purpose, recreational, environmentally- impacted, and other investment real estate. APPRAISAL AND COUNSELING ASSIGNMENTS FROM: Insurance Companies •Financial Institutions • Public Utilities • Government Entities • Universities • Industrial, Service, and Retailing Organizations • Developers • Investors • Charities • Trusts • Foundations • Attorneys • Estates • Hospitals • Individual Clients • 2008 BOWES AND COMPANY BOWES AND COMPANY 621 SEVENTEENTH STREET • SUITE 2601 • DENVER, CO 80293-2601 • 303-297-0400 • FAX 303-297-2314• Appraisal and Counseling Qualifications PETER D. BOWES GOVERNMENT REGISTRATIONS: • Certified General Appraiser — Colorado — CG01313591 • Registered Professional Engineer— Colorado— 7123 EDUCATION: • Stanford University, Bachelor of Science in Engineering • University of Denver, Master of Business Administration in Real Estate • University of Denver, Master of Science in Business Administration in Economics MEMBER/PROFESSIONAL AFFILIATIONS: • Appraisal Institute (MAI) (American Institute of Real Estate Appraisers through 1990) President, Colorado Chapter No. 22, 1979 National President, 1986 • The Counselors of Real Estate (CRE) • Association for Conflict Resolution • Urban Land Institute • • National Association of Realtors • Colorado Association of Realtors • Denver Metropolitan Commercial Association of Realtors • Denver Board of Realtors EXPERIENCE: • Appraisal, counseling, research, purchase, sale, leasing, financing, management, litigation support, and testimony regarding land and commercial, special purpose, recreational, environmentally-impacted, and other investment real estate in Colorado and a number of other states beginning in 1960. Mediation, facilitation, and arbitration beginning in 1994. • Instructor for the Appraisal Institute (American Institute of Real Estate Appraisers and Society of Real Estate Appraisers through 1990); Colorado Division of Property Taxation; AQB Certified USPAP Instructor; University of Colorado, School of Business; University of Denver, Daniels College of Business; Colorado Tax Commission; Denver Public Schools; RMA - The Risk Management Association; Federal Financial Institutions Examination Council; CLE International. • Qualified as an expert witness in Colorado District Courts; Denver Probate Court; Superior Court, King County, Seattle, Washington; Circuit Court of Cook County, Chicago, Illinois; Civil District Court for the Parish of Orleans, New Orleans, Louisiana; Texas District Courts, McLennan County, Texas; United States District, Bankruptcy, and Tax Courts for the District of Colorado; United States District Court for the District of Arizona; County Boards of Equalization; and Colorado Board of Assessment Appeals. • Qualified as a mediator, facilitator, and arbitrator. • Principal in the firm of Bowes and Company, Denver, Colorado, specializing in appraisal, counseling, research, litigation support, and testimony regarding land and commercial, special purpose, recreational, environmentally- impacted, and other investment real estate. APPRAISAL AND COUNSELING ASSIGNMENTS FROM: • Insurance Companies 'Financial Institutions • Public Utilities • Government Entities • Universities • Industrial, Service, and Retailing Organizations • Developers • Investors • Charities • Trusts • Foundations • Attorneys • Estates • Hospitals • Individual Clients 2008 BOWES AND COMPANY z O U. O 0 r U. r O cc QQ Q fa O d W 1- u_ Z 0 uJ J O W re Na N ou134 mu, a I 4 1 > I- I- Z O I 0 \ > > a in • o co I LE) (.Or� N- o 0 0 O 0 W 65 o i rn o r� rn c., a H N r 0 O N O N N o� 4 r �' 8 in CO a a T--::- r CZ 0 0 • 0 0 r 0 0 r IL O V N k o Q +i m o > > m o o TD o z I' c - L q) W U a o o 6 it o W Z o d ° ° O O N ca c m Z G E c p @ H@ 2 v fa O O Ncici E U Ct O O O ti o -_ U O @ 0 U c 15 15 US L - —O _, 0 W OZ > D > CC e rn c c Q. c m Z C EC - 6 O Z aW C] mU "> o) r , Ter U w O 0, at v o � X U +-' Co moo O C U C U G1 � � Q G• Q Z � •E @ 0 � > mfl - co 0S ° t O b @ @U > • pp Ob -- a) Cn C� i cG U Ix NQ 0 cc 0 `° �, ` rnoN cn in CV my E � � t— 7.7. 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POOLE "CBD Retail," Colorado Business Journal, Question of the Week, June 1996 "Editorial Ramblings," Colorado Chapter Appraiser News, January 1998 "Editorial Ramblings," Colorado Chapter Appraiser News, March 1998 "Editorial Ramblings," Colorado Chapter Appraiser News, May 1998 "Editorial Ramblings," Colorado Chapter Appraiser News, September 1998 "Expect Office Construction Downtown," Colorado Real Estate Journal, January 20 through February 2, 1999 "Editorial Ramblings," Colorado Chapter Appraiser News, January 1999 "Editorial Ramblings," Colorado Chapter Appraiser News, March 1999 "Downtown Denver Thrives on all Fronts," with Pamela I. Phox and Peter D. Bowes, Colorado Real Estate Journal, November 15 through December 5, 2000 "Central Business District Office Market Retains Value in Cooling Economy," with Peter D. Bowes, Colorado Real Estate Journal, August 2001. "No Credit," Colorado Chapter Appraiser News, January 2006 • BOWES AND COMPANY • ILI F Q W cc C. .E Q I i I I Z eli. 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U O O @ U O O O U w (� N ''- �� co va cc > wE cn N '> p zq > p.• Q• 00 c > w as cp = E a) a, C ob. O ' c c oo to o ,. o to o ^ 'Lo 0 is @ d 0 I— r . mw 0U wco0 CO into N. — U c.iC 0 ¢ U3 S0 • I d a n. a J J 00 m 0 z c c -C a. J.1:C• � N Uon c 0. ) m I O Da CL y n. ce n. o= _ o ui a _ .¢ Z , c ,c a c --) a con W J C� ca c t i 0 a m c i.:. a> a J La 0 O c coo — o a c ,ty 2c 0 O E < c m E cca �i C7 J °' 'J a) c O 0) �' C a7 W c 0 U .°50 t o 'En _' E w o as c v, y to CD 05 c m 15 a m cot m O.— a .. o c ova) Q > a J a, Q �w � � � y boa °: `S mm c „to eoQ a�i m i a e LL d : co ._ ca g cA to O c ems c.: ` a e LL Q «cQ' aint@ - ca aiaa) toID0tI 00) - V > 00 cm 0uc � U - «u0ioon aiam mlr To i u zmz SaOz I aG 20 (nu`_ mu), hz = y I.I.A.A. Ims PETER D. BOWES PUBLICATIONS • Book Review, "Cost of Capital: Estimation and Applications," The Appraisal Journal, January 1999, Appraisal Institute "Expect Office Construction Downtown," Colorado Real Estate Journal, January 20 through February 2, 1999 "The Appraisal Institute Heading Toward 2000," Valuation Insights & Perspectives, Fourth Quarter 1999, Appraisal Institute "Taxes Are Only One Consideration in Obtaining Facade Easement," Colorado Real Estate Journal, February 2 - February 15, 2O00 "Counseling in the Public Sector," Real Estate Issues, Winter 1999/2000, The Counselors of Real Estate "Downtown Denver Thrives on all Fronts," with Pamela I. Phox and Bret R. Poole, Colorado Real Estate Journal, November 15 through December 5, 2000 "The Appraisal of Real Estate, Twelfth Edition," Reviewer, 2001 "Central Business District Office Market Retains Value In Cooling Economy," with • Bret R. Poole, Colorado Real Estate Journal, August 1 through 14, 2001 "Redevelopment is Big Market Segment," Colorado Real Estate Journal, October 3 through 16, 2001 "The Dictionary of Real Estate Appraisal, Fourth Edition," Reviewer, 2002 "Redevelopment projects look to future," Colorado Real Estate Journal, November 20, 2002 "Redevelopment continues in Denver," Colorado Real Estate Journal, August 20, 2003 "Downtown Denver is the place to be," Colorado Real Estate Journal, November 15- 18, 2003 411i - 1- BOWES AND COMPANY June 30, 2008 PETER D. BOWES PUBLICATIONS - CONTINUED • "It's a difficult time for appraisers," Colorado Real Estate Journal, January 21-February 3, 2004 "Question of the Week," "If short-term interest rates increased by 3 percent and long-term interest rates increase by 2 percent in 2004, what impact would this have on the commercial real estate financing environment?" Colorado Real Estate Journal, February 4- 17, 2004 "Some things never change," Colorado Real Estate Journal, August 18-August 31 , 2004 "Downtown Denver: soft but sturdy," Colorado Real Estate Journal, November 3-16, 2004 "Appraisers: decisions, decisions," with Bret R. Poole, Colorado Real Estate Journal, January 19-February 1 , 2005 "Damage to Market Value and Locational Premiums," with Douglas C. Brown and Albert R. Wilson, Real Estate Issues, The Counselors of Real Estate, Winter 2004-2005 "The continuing story of three metro urban infill developments," Colorado Real Estate Journal, August 17-September 6, 2005 "Downtown: lots happening," Colorado Real Estate Journal, November 2-15, 2005 • "Scope of Work," by Stephanie C. Coleman, MAI, SRA, Appraisal Institute, Reviewer, 2006 "Historic Properties, Preservation and the Valuation Process, Third Edition," by Judith Reynolds, MAI, Appraisal Institute, Reviewer, 2006 "Appraisers: better market stats, but continued uncertainty exists," Colorado Real Estate Journal, February 1 - 14, 2006 "Fitzsimons, Stapleton, Lowry: Redevelopment beat goes on," Colorado Real Estate Journal, August 16-September 5, 2006 "Infill sites are being filled at Lowry, Stapleton, Fitzsimons," Colorado Real Estate Journal, June 6-June 19, 2007 "Roundtable: Giving Back to the Profession," Valuation, Appraisal Institute, 3Td Quarter 2007 "What a difference a year makes," Colorado Real Estate Journal, November 21-December 4, 2007 "Conversation Easement Appraising -- How Hard Can it Be?" Colorado Preservationist, Winter 2007/08 • "Update: Lowry, Stapleton, Fitz," Colorado Real Estate Journal, June 4-June 17, 2008 -2- BOWES AND COMPANY June 30, 2008 • HOURLY CHARGES , COUNSELING STAFF APPRAISAL /COURT Peter D. Bowes, MAI $240 $360 Bret R. Poole, MAI 170 170 ,ec--1 • ) ___.5. U) -- Vf C a - i- N O QS = O O 5 ? S O. O O L.n O 4., s.. ^' r — C 4.) S "0el CO 'O = wiawb ala3 cd ..O CO) Cr% a? F cu D a> -v ° x E u. 3 E Pal J-r CEO (n vs a) O O t= 8 (-9 t ,o •s V Q 4J ..0 U _'C c C INC I CO O 7 .au O O a, cii . N . s0. ti U., . . ,... a- r▪> Ct ft •r 4,4 let :IS Ct Fa w CC O z 4- Two tn �, �, (1.) le)O C = C O "O O ' 0iii E Vj > .� a) .... 3 td O L .� 0 CA O v) v O a = vOi :�' (ncci „ C •U ar "' �, cu ° •7- a) Q C 0 ar o re! CA 0 0 O v co73.4) 0 —• .O •0 w .� a C CCi� 'j cQ •'U E3 a = z o = cu -- LOGY) to a. U a `c to O p 0. O ° ' O 4- O C) s.. cd p .) 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Q o C • , a, aa)) ao > E a a) �, •s, z z crsaa a E tu 14 V en c a. a) ct Ey = I �' a ct O . ..1,,i 7 Mike Kboudi , Senior Vice President k j • y I, ,I A. ,:. Mr .. Kboudi is one of the state 's leaders in the sale of vacant • s . : land parcels. His tenacity, loyalty to clients, and ability to . ' ' im " close deals has paved the way for a solid track record. 'C Experience Senior Vice President Fuller Real Estate 1995 — Present Expertise Mike Kboudi has specialized in the sale and leasing of vacant land parcels throughout the Denver Metropolitan area and along the Front Range of Colorado. Over the last five years he has represented clients in sales and acquisitions of over 3,000 acres totaling an impressive $115 million. Through this effort Mr. Kboudi has gained valuable experience handling complex transactions involving a myriad of financial and development requirements. His large client base continues to grow through strong work ethic and vast market knowledge. Mike is also very active in the Denver community, spending much of his free time volunteering for several philanthropic endeavors including Junior Achievement, Brokers for Battered Kids, and The Rose Foundation. His energy, people skills and analytical background have made Mike an effective Commercial Real Estate Consultant. IIAwards/Accomplishments/Achievements Fuller Real Estate #1 Producing Broker 2007 NAIOP Land Broker of the Year 2005, 2007 Fuller Real Estate Land Broker of the Year 2005, 2007 Production Achievement Award 1998 — 2007 DMCAR $1 ,000,000 Club 1998 - 2007 Denver Business Journal Top Producers 1999 - 2007 Significant Transactions Hewlett-Packard Campus 105 Acres $ 16,000,000 1-70 & E-470 500 Acres 15,000,000 40"' & Colorado 40 Acres 11 ,500,000 Parkfield 400 Acres 11 ,400,000 SEC 1-25 & WCR 8 397 Acres 9,550,000 Quebec Highlands 194 Platted Lots 5,500,000 E-470 & 1-25 82 Acres 5,500,000 3rd & Walnut 4 Acres 5,200,000 112th & Peoria 300 Platted Lots 5,000,000 Shenandoah Subdivision 171 Finished Lots 4,816,000 Alameda and Wadsworth 10.2 Acres 4,200,000 Wildcat Vista Subdivision 72 Finished Lots 4, 176,000 Education University of Houston Master of Education 1995 University of Texas Bachelor of Arts 1992 ® FULLER lZ 1. A 1 . 1. 1-, I. A '1 1 . Ju _ UL, 1E/ . 23U8t ; 5LFMM HP LASERJET FAX 1., 0. LEEU 1 p . JaL4g W July 15, 2008 To Whom It May Concern; Please be advised that I am withdrawing my approval to locate the United Power substation south of the Liberty Ranch neighborhood, My property is located just west of this neighborhood and has also been zoned for future residential development by the Town of Mead, By locating this type of utility substation so close to residential neighborhoods, I am concerned about property values and the issues that future homeowners may have about their health and quality of life. While I am located west of the proposed site, there will be several future home lots in the southeast area of my property that will be negatively impacted by the substation, I do apologize for any confusion I may have caused with my signature of acceptance but I did not fully understand this situation, Thank you for your consideration. Sincerely, iO7 s ,A7.9424-_,(O Myra Jane Silengo 2498 H WY 66 Longmont, CO 80504 c. t. • • .\ dai 9 vi,(4,060,„ 04' kil. eiNv''QA ( 4 W' alIMNnino k...,-cs-szetovn UNITED POWER. INC. P.O. Box 929. Brighton, GO 80601 • Telephone: 303-659-0551 a 1 -800-468-8809 ad,0 IllArE Fax: 303-659-2172 • http://www.unitedpower_com ,r- _ ( January 29. 2004 _r . rte.. Ms. Yvonne Seaman Centex Homes 9250 E. Costilla Ave.. #200 Greenwood Village, CO 80112 Dear Ms. Seaman: SUBJECT: Frederiksen Farms United Power has reviewed the concept plan for Frederiksen Farms development proposed by Centex Homes. IP. The development is located within United Power's service area. United Power is reader and a e t• al and commercial electric service to the development. 0 . e Power does have sufficient capacity to sent the development. United Power is su pertive that Frederiksen Farms be included within the 1-25 Mixed Use eve oomcnt Area. Ii you have any questions. please call me at 303-637-1254. Know that I look forward to working with you and Centex Homes on the Frederiksen Farms Development. . , Sincerely, UNITED POWER, INC. /jam Bill Meier I-25 District Representative BM:cb 0 �. �" . >: rat a- ------ your TouchstoneTouchstone ':C'L� ... 5 v v . . _. 4, • _ _ _ - .. . _ _ .. • _ • 00 INITED POWER FAX TRANSMITTAL A'" r�. • 4�ric' 11 '0 Y 11y �• ♦ 0IA' Or -1�1--hD, c o N :Chi'�e• D. Ime n �•own Manager pp �'� lrA 970-535-4477 4vi A i4� l FRONf /� *y . ((ll Way • • A] Ti,.+ts l.i.1 Sen_vr •`+sal \J1 `�1' aa 5~e{.iu!•CCt ho::::.: / 5 yf •Js L.L'ax. -'03 -6-' 7- 1 .;3g ----------- _ C �`e r r !_.f. .mf - (y(y(y 777 �,}.-_ y. NON-EXCLUSIVE__�____�._ - - .. ' ti F.;,,I�.YA�� r..N 1 • V FOR �._ --. UT �. - y .� -..... S _\, S1i. ' vl� +.l I�� 1S /O r TA "\:('`, TL- . •,�.. r..._1 ' .` __. _��. .__,,,...�.._v�. _-• - OF REFERRAL C�O\I NI?.\-1"'; co - -__ FORE-- ' It .. . -._ _ —_. _._ _ � ! , Z`��16 ♦a i ST ' j "OJT • ay to —..—. �..� . \ Y x s4�• .:r • Yr ♦ 3 �'- �JE 1.:_��_.t'1� ET AROU?tip PERIMETERS OF TRACTS .� r TURT-- ••••=1 .•••• •a1•0.`r,. •• .�._�.:. TRACT j' B LS: . .T O INCE D. UTILITY T.....GE _ �A PI EA 7 . LL ME D U R N G THE INTERIM IF I CAN BE OF FURTHER ASSTS:.t\'C. ON HI C THANKS AGAIN FOR YOUR HELP. 0 A CONSUMI-7 /' W E.d r •ter- !TV • • • IN "TED POWER I F.: ) 1U ANI) U `, 1s t,. t ?�r. 2t:,:6 T 0 IOW \• Ai . TR. Lill . :. 0. SE\ JOR RIGHT OF WAY SPECIALIS so • RES.PONSF:..s r. COMME\\ OA'c IONS 1.0. NON- F.. XCL CLL'Sl \T [ ' I1 _'ITV LASNTh \: \. _� - 'iB R i RANCH 07 yy: - "(RIO T SHOWN W \ !C' ,1 ; t ): LAsEmi.\ lc \IETT RS OF TRACTS `'.;.-.., ....-- SNIA :.i.f. _; ? AC : Si . . '] Q I ?:Si: ACE ---• •-••- PL ASE LET MF K \OW _ : 3U -Q27- 17A : I= ! CA OF R :RTN R ASS- ; `•!-:AY(;;4 ON THIS \-1 :\TTER AND THANKS AGAIN FOR YOUR HELP. 12-.N4 :11L • ,r :'u;iII0 'x unit Gpl'wcr.co:n • A CONS: 'Mc-R y'.fi'itiE.✓ UTILITYHT!' Weld County - Meetings and Minutes Page 1 of 2 dta / O 0 e 'vi Rfk r. 3/4. .:44). , , i me tv. , ,,\ ? s *.?.44 • ea* ..°1 . a ‘ cid Coun, .., :,,,,. ............, 3 e , +� *yam sArDit sp« ambsdk.4-AA: • i K A.F1.T4M`L'd;LILbCu • ..1.1K' .•.••11 1�`7F' ' 3!'.Xa... F./.J.:^<::.:%tyid.'^I .'.5.'•1`•.:'d.0 '• vn:.:F:F? •F.:.:L•.:.Z r':.aR.:y3':A:+:♦ aS.9N'.M�.h.M.l:::':,cL •A t 610 ^. P4> , :° Home II Services II Departments UI About Weld I Property Information Coats Cle.r-k. to the Board > Meetings & Minutes > Board Calendar > Social Services Board Minutes NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631 , at the time specified . If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing . The cost of engaging a court reporter shall be borne by the requesting party . In accordance with the Americans with Disabilities Act, if specials accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336- 7215, Extension 4226, prior to the day of the hearing . The complete case file may be examined in the office of the Clerk to the Board of 0 County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631 . E- Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E--Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET # : 2007-87 DATE: November 14, 2007 TIME: 10 : 00 a . m . APPLICANT: HF Holdings, LLC 4 Inverness Drive East # 300 Englewood, Colorado 80112 REQUEST: Change of Zone, PZ # 1126, from the A (Agricultural) Zone District to the PUD ( Planned Unit Development) Zone District/ with R- 1 (Low-Density Residential ), R- 2 ( Duplex Residential)/ R-3 ( Medium-Density Residential), R-4 (High-Density Residential), C- 1 (Neighborhood Commercial), and C-2 (General Commercial)/ 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1,804 units / 10 acres Commercial) 11. LEGAL DESCRIPTION : S1/2 of Section 27 ; N1/2 NW1/4, E1/2 SW1/4, and E1/2 of Section 34 ; NW1/4 NE1/4 of Section 3; all in Township 3 North/ Range 68 West; and http://www.co.weld.co.us/meetings-minutes/Notices2007/No07-87.html 1 /10/2008 Weld County - Meetings and Minutes Page 2 of 2 part of the NE1/4 of Section 3, Township 2 North, Range 68 West of the 6th P. M . , Weld County, Colorado LOCATION : One-half (0. 5) mile south of State Highway 66, east of and adjacent to County Road 7, west of and adjacent to Interstate 25, and north of and adjacent to the St. Vrain River (See Legal Description for precise location . ) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 19, 2007 PUBLISHED: October 24, 2007, in the Fort Lupton Press • 111 IP http://www.co.weld.co. us/meetings-minutes/I`otices2007/No07-87.html 1 / 10/2008 Weld County - Meetings and Minutes rage 1 or i . r :C. `_ •, v ' ?' i1 ` . Pte' : J ` �g(.� . . �;., • _. e oun Cote)Ztjj f . ..- 1'' ', 'J �w wd'! 1 w x .. . . 0 �w ;3`' l �pry,sac� .;.ynvxQnc-:-� :xu;:c<V.rsv:.Fxir. :ra.-.:,:a'u.- :••a-.»..:.0 v,.>•arxn:. s .s,v. sv,x.rr:r.. -•.e.:..vaw.aa::o:.:.c:.:;rt:ults. a..>. a... . ..,•._ MC i ` f�. : • Home II Services II Departments fl About Weld II Property Information Con - ri:e Home > Departments > Clerk to the Board > Meetings & Minutes > Certification Hearings HEARING CERTIFICATION DOCKET NO . 2007 -87 RE : CHANGE OF ZONE, PZ # 1126, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD ( PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH R- 1 ( LOW-DENSITY RESIDENTIAL), R-2 ( DUPLEX RESIDENTIAL), R-3 ( MEDIUM - DENSITY RESIDENTIAL), R-4 ( HIGH -DENSITY RESIDENTIAL), C- 1 ( NEIGHBORHOOD COMMERCIAL), AND C-2 ( GENERAL COMMERCIAL), 215 ACRES OF OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT ( 1,804 UNITS / 10 ACRES COMMERCIAL) - HF HOLDINGS, LLC A public hearing was conducted on November 14 , 2007, at 10 : 00 a . m . , with the following present : Commissioner David E . Long , Chair Commissioner William H . Jerke, Pro-Tern Ili Commissioner William F. Garcia Commissioner Robert D . Masden - EXCUSED Commissioner Douglas Rademacher Also present : Acting Clerk to the Board , Jennifer VanEgdom County Attorney, Bruce Barker Assistant County Attorney, Cyndy Giauque Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Don Dunker The following business was transacted : I hereby certify that pursuant to a notice dated October 19 , 2007 , and duly published October 24 , 2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of HF Holdings, LLC, for Change of Zone, PZ # 1126, from the A (Agricultural ) Zone District to the PUD ( Planned Unit Development) Zone District, with R- 1 ( Low- Density Residential) , R-2 ( Duplex Residential ) , R- 3 ( Medium- Density Residential ) , R-4 ( High- Density Residential ) , C- 1 ( Neighborhood Commercial ) , and C- 2 (General Commercial), 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1 , 804 units/ 10 acres Commercial ) . Bruce Barker, County Attorney, made this a matter of record . Chair Long advised the applicant's representative, Linda Sweetman- King , that she has the option of continuing the matter to a date when the full Board will be present. 0 However, is she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the hap ://www , co .weld.co.us/meetings-minutes/Hearings2007/he0787 .html 1 / 10/2008 Weld County - Meetings and Minutes Page 2 of 7 determining vote . Ms . Sweetman-King indicated she would like to proceed today . Kim Ogle , Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written . He stated the site consists of 587 acres/ and will contain up to 1 , 804 residential lots, with an average lot size of 7,425 square feet. He further stated ten acres will contain commercial development of approximately 100, 000 square feet . He stated the site is located generally west of, and adjacent to, the Interstate 25 Frontage Road , south of State Highway 66, and east of and adjacent to County Road 7 . He further stated the surrounding properties are generally agricultural in nature, and there are no buildings within the immediate vicinity. He gave a brief description of the uses of the surrounding properties, and stated the municipal limits for the Town of Mead are adjacent to the site on the north, east, and west sides, and Saint Vrain State Park is adjacent to the south . He explained the property slopes to the south, into the Saint Vrain River valley, with a 120- foot change in elevation, and the property is currently used for agricultural production with existing oil and gas production facilities operated by Kerr- McGee Gathering , LLC. He clarified the applicant has recorded a Memorandum of Understanding for future oil and gas operations, and he displayed photographs of the site . Mr. Ogle stated the site is located within the Mixed Use Development ( MUD) area and within the three- mile referral area for the Towns of Mead , Firestone, and Frederick, and the Cities of Longmont and Dacono . He stated the Town of Mead , in a referral dated August 16, 2007, indicated opposition to the request, and requested the applicant apply through the Town to ensure a safe development. He further stated the Town of Firestone, through a verbal referral, requested a larger setback for residential units within the river corridor. He stated the Town of Firestone further requested that if an additional setback was not feasible, that the applicant limit the height of the residential structures . He stated the Town of Frederick, in a response received September 12, 2007 , indicated the site is located outside of the Town 's planning boundary, therefore, the Town had no comments regarding the proposal . He further stated the referral from the City of Longmont, dated August 22 , 2007, contained several comments regarding urban development within the MUD, and stated the site will best be served by an incorporated municipality for a full range of services . The City of Longmont referral also discussed the possibility of a future trail connection, and the City of Dacono indicated no conflict with its interests . Mr. Ogle stated the applicant has held discussions with the City of Longmont and the Towns of Firestone and Mead , regarding the referral comments provided , and many of the issues have been addressed or mitigated . He gave a brief description of the concerns listed in the referral from the Colorado State Parks Department regarding water quality, developmental impacts, and trail access, and the request for a regional trail connection from the Saint Vrain State Park to future developments . He clarified the applicant has held discussions with representatives from the State Parks Department, which has led to many options under review at this time . He further clarified three parcels created through the Recorded Exemption process will not be a part of the proposed development; however, the residents will access the roads constructed through the development. He stated County Road 7 will be improved to the classification of a minor arterial road, and is currently maintained by the Town of Mead , He further stated County Road 28 will also be improved to the classification of a minor arterial road, and will be realigned at Final Plan submission . He clarified the trail systems proposed for the development will provide pedestrian movement, as well as recreational opportunities and connections to surrounding developments, and he displayed additional photographs of the site . (Clerk's Note : Mr. Barker excused himself from the hearing , and Cyndy Giauque, Assistant County Attorney, is now present) . hap ://www.co.weid.co.us/meetings-minutes/Hearings2007/he0787 ,html 1 / 10/2008 Weld County - Meetings and Minutes Page 3 o f 7 Mr. Ogle stated the applicant has proposed three multi-family residential components, which will consist of twelve to fourteen dwelling units per acre, and fourteen to sixteen dwelling units per acre, and staff supports a variety of housing types. He clarified the multi-family units proposed along the 1-25 corridor will be limited to a building height of 35 feet, and the internal multi-family housing units will be limited to a building height of 45 feet. He stated the average lot size is comparable to other developments within the surrounding area, and the development will be serviced by the Longs Peak Water District, and the Saint Vrain Sanitation District. He indicated the consolidated Service Plan for the Waterfront at Foster Lake Metropolitan Districts Nos . 1, 2, and 3, was approved by the Board on August 29, 2007 . He stated 28 referral agencies reviewed the request, seven agencies did not respond, one agency did not have any comments, and 20 agencies provided comments which have been addressed through the Conditions of Approval . He further stated two letters, from Kevin Lyles, representing the Friends of Saint Vrain Park, and as a local property owner, were received prior to the Planning Commission hearing . He gave a brief description of the concerns provided in the letters, and stated no additional letters have been received . Mr. Ogle indicated the memorandum he submitted, marked Exhibit HH , contains proposed changes to the Conditions of Approval, and he will address the proposed changes after the applicant's presentation . Pam Smith, Department of Public Health and Environment, stated the development will contain several recreational activities, including a tot lot with portable toilets, a pavilion for outdoor events, and a Community Center, both of which will be connected to sewer service . She stated the application plans indicate the placement of a swimming pool ; however, she is unaware of whether the pool will be open to the public, or whether the schools within the area will have joint access. She clarified if the pool is open for public activities, the pool will be subject to the standards set forth by the Colorado Department of Public Health and Environment. She further stated an el additional tot lot will be serviced by portable toilets, as well as a picnic area which is located within a 100-year flood plain. She reiterated the development will be serviced by the Saint Vrain Sanitation District and the Longs Peak Water District, and she indicated several existing residences are serviced by septic systems, including the Anderson residence. She stated the applicant has requested that the current septic systems be allowed to remain in use until the residences are removed, and the Department is in support of the request. In response to Chair Long, Ms. Smith clarified the development will eventually be serviced entirely by sewer. Don Dunker, Department of Public Works/ stated the development will surround Foster Lake, and the dam analysis required by the State Engineer's Office has not yet been completed, therefore, the Department cannot address the drainage design presented . He gave a brief explanation of the dam analysis, and indicated the placement of the dam on the map provided . In response to Chair Long, Mr. Dunker indicated it takes approximately eight months to receive a completed analysis from the State Engineer's Office, and he believes the applicant submitted the request for an analysis a couple of months ago. Mr. Dunker further stated the preliminary traffic study has been reviewed, and the updated traffic study will address the required Improvements Agreements, and the details of each phase of road construction. He clarified the updated traffic study has not been submitted to the Department, and stated the Department recommends the applicant's plans be accepted for the Change of Zone phase only. He indicated the Department is not aware of the future placement of County Road 28, and stated the proposed high school will require access on County Road 28. al) Julie Cozad , Tetra Tech, represented the applicant, submitted an outline of the PowerPoint Presentation, marked Exhibit KK, and expressed her appreciation to the Departments of Planning Services and Public Works for the coordination of the http://www.co.weld.co.us/meetings-minutes/Hearings2007/he0787.html 1 /10/2008 Weld County - Meetings and Minutes Page 4 of 7 proposal . She introduced the other representatives in attendance/ and gave a brief description of the location of the site and the surrounding property uses. She indicated hunting and fishing activities have historically been allowed on the site, and clarified the site is not located within an Intergovernmental Agreement area or Urban Growth Boundary, as defined by Weld County. She gave a brief history of the submission process/ and indicated the Sketch Plan was submitted in August, 2006, and approval was granted by the Department of Planning Services in March, 2007 . She stated the Change of Zone application was submitted in July, 2007, and was heard by the Planning Commission in October, 2007. She further stated the Metropolitan Districts were approved by the Board on August 29, 2007, and the TABOR election was completed on November 6, 2007 . Ms. Cozad explained the applicant has been working in cooperation with Jim Anderson to subdivide property through the Recorded Exemption process, to create three new lots. She confirmed the Recorded Exemption was administratively approved on August 17, 2007, the septic permits are currently being finalized, and it is expected that the Recorded Exemption plat will be recorded within the next 30 days. Ms . Cozad gave a brief explanation of the topics discussed at the each of the meetings held with the referral agencies and service providers during the application process, including Mountain View Fire Protection District, St. Vrain Valley School District, Longs Peak Water District, St. Vrain Sanitation District, the Town of Mead, St. Vrain State Park, ditch companies, Anadarko, Kinder Morgan, United Power, Qwest, and Twin Peaks Post Office. She clarified the proposal was designed to accommodate the standards of the Town of Mead, and stated annexation to the Town may be a possibility in the future . She indicated the requested setbacks have been incorporated, and the native areas along the river will remain as a wildlife corridor. She further stated the possibility of trail connections, a trail easement, and a stewardship easement will continue to be discussed, and the ditch companies have requested to view final construction documents before executing a final agreement. She clarified the applicant will submit the formal agreements with the ditch companies when the plat for the second filing is recorded, since the State Engineer's Office final review may take up to eight months. She confirmed preliminary reports have been provided to the ditch companies, and the Department of Public Works previously concurred to discuss these issues during the Final Plan hearing . Ms. Cozad stated the applicant has paid for the location of all of the directional drills on the site, discussions have begun regarding the Pipeline Relocation Agreement, a Memorandum of Surface Agreement was recorded in August, 2007, and the Surface Use Agreement is near completion. She reviewed the circulation patterns and access points for the development and stated the Department of Public Works is agreeable to the proposed realignment of County Road 28. She described the design of the roadways and clarified the road designs are not yet finalized ; however, the design of County Road 7 does meet the specifications requested by the Town of Mead, including the required utility and landscape easement, and additional lanes may be accommodated, if required . She further described the trails and pedestrian connections within the development and confirmed the trail does meet the required standards for being located within a MUD area . Ms. Cozad stated the minimum lot size is 6, 050 square feet, and the maximum lot size is approximately 19,000 square feet, therefore the overall density will be approximately four to seven dwelling units per acre. She reviewed the various lot sizes throughout the development for residential and multi-family lots, and the area designated for commercial uses. She stated the first filing will incorporate the entryway, a tot lot, and 132 single family lots, she reviewed the second through sixth III filings, and she stated the anticipated filing date will be Summer, 2008 . She further reviewed the seventh through tenth filings, and the proposed landscape treatments, drainage area, and wildlife corridor. She stated the total amount of open space does http://www.co.weld.co.us/meetings-minutes/Hearings2007/he0787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 5 of 7 exceed the requirement of twenty percent, and she clarified the landowner does have surface rights to Foster Lake, which is 140 acres in size . She reviewed the amenities III of the development, including the community center, pool facility, which may be a shared facility with the school district, pavilion, tot lots, and active recreation use areas, including ponds, trails, and picnic areas with existing riparian vegetation. She summarized Waterfront at Foster Lake will provide a unique community/ and she requested approval of the Change of Zone application . In response to Commissioner Jerke, Ms. Cozad indicated the development will be served with non- potable water for the open space and park areas, and potable water for domestic purposes. Further responding to Commissioner Jerke, Ms. Cozad stated the applicant did not provide a formal application for Change of Zone to the Town of Mead since the site is not located within the Town's Urban Growth Boundary/ as identified within the Weld County Code. She clarified the Town was contacted at the very early stages of the application process; however, communication with the Town officials was difficult. She further clarified at the time the application process began, the Town of Mead annexation process required an election, and the applicant did not want to spend a large amount of money and risk being denied by the voters. Ms. Cozad stated representatives have met with Town officials on numerous occasions to receive input, and she clarified the new Town Manager and Mayor have been very accommodating and willing to continue discussions . In response to Commissioner Jerke, Ms. Cozad stated the Town of Firestone indicated it was not interested in annexation of property located north of the Saint Vrain River. Responding to Commissioner Rademacher, Ms. Cozad stated the required setbacks for oil and gas matters have been mitigated, and she reiterated a Memorandum of Agreement has been recorded . She further stated the Town of Mead's concerns regarding County Road 7 have been addressed, and clarified the pool and pavilion SO facilities will be provided with sewer service from the Saint Vrain Sanitation District. In response to Commissioner Jerke, Ms. Cozad stated the development will seek to join the Law Enforcement Authority at the time of Final Plan submission . Responding to Chair Long, Ms. Cozad confirmed all local roads within the development contain a minimum of 60 feet of right-of-way, and will contain 12-foot travel lanes. In response to Commissioner Rademacher, Ms. Cozad indicated discussions regarding the provision of non- potable water have been held with the Highland Ditch Company ; however, an agreement has not been finalized . Cathy Leslie, Engineer, Tetra Tech, clarified the Longs Peak Water District will own and maintain the water system, and the Highland Ditch Company will provide delivery of the existing shares through the re- built outlet associated with the dam and spillway. In response to Commissioner Rademacher, Ms, Cozad indicated if an easement across the Saint Vrain Creek is provided by the applicant to the Saint Vrain State Park, the Park will provide the evaluation, engineering, and associated costs for the placement of a bridge. Responding to Commissioner Jerke, Ms. Cozad clarified the internal roadways will contain 60 feet of right-of-way; however/ the right-of-way will include two travel lanes, parking lanes, curb and gutter, bike lanes, and attached sidewalks. Bob Finch, Park Manager, Saint Vrain State Park/ indicated he sent a letter in August, 2007, outlining the Park's concerns regarding water quality, developmental impacts, and a future trail easement. He stated the applicant's representative responded with a letter/ dated October 23, 2007, and indicated efforts would be taken to mitigate concerns; however, he was still concerned regarding the placement of the southern culdesac and the trail easement. He clarified he has met with the applicant's elrepresentatives twice since the Planning Commission hearing, and both parties have agreed to move forward with efforts to resolve the issues. He stated a land trade has been discussed, as well as a Stewardship Easement/ which would allow the State to http://www.co.weld.co.us/meetings-minutes/Hearings2007/he0787.html 1 /10/2008 Weld County - Meetings and Minutes Page 6 of 7 have limited control of the creek area in return for maintenance on both sides of the creek. He further stated a Trail Easement will allow for future construction of a trail, and the Park will apply for funds to build a bridge across the creek, in approximately three to five years. He stated after analysis of the site, it was determined that the narrowest point of the river is the best location to construct a bridge, and he clarified the applicant has been working in close cooperation with Park representatives. In response to Commissioner Rademacher, Mr. Finch stated the Park intends to trade a portion of property north of the river for property on the south side of the river, to create ownership of the Park up to the creek bed . He clarified private open space and the easement will provide a buffer from the public land, which provides an added protection for the creek corridor. Responding to Commissioner Jerke, Mr. Finch indicated the area of floodplain is approximately 225 feet in width and he gave a brief description of the bridge location and suggested improvements which will need to be completed before the final plat is recorded . There being no further comments, the Chair closed the public input portion of the hearing . Ms. Cozad stated the applicant has worked diligently to address many of the Conditions of Approval, and she requested Mr. Ogle refer to Exhibit HH, to discuss the necessary changes to the Resolution . In response to Chair Long, Ms. Cozad indicated the applicant concurs with the recommendations in the memorandum submitted by Mr. Ogle, with the exception of Conditions of Approval # 1 .A. 1 through # 1 .A. 10 . She clarified the correspondence from the Department of Public Works indicates these items may be addressed prior to recording the final plat, instead of prior to recording the Change of Zone plat. Mr. Dunker clarified the Department of Public Works supports the request to allow Conditions of Approval # 1 .A. 1 , # 1 .A. 3, and # 1 .A. 6 to become requirements prior to recording the final plat, and he indicated Conditions of Approval # 1 .A. 2, # 1 .A.4, # 1 .A. 5, and # 1 .A. 7 through # 1 .A. 10 should remain as conditions prior to recording the Change of Zone plat. He stated the ditch companies 4111 have indicated they prefer that the dam analysis be completed due to the possibility of necessary repairs. Ms. Leslie stated an analysis was submitted with the Change of Zone application, and the ditch companies and State Engineer's Office have reviewed the analysis. She further stated detailed construction plans were not submitted, and the ditch companies have indicated final approval will not be granted until final construction plans are completed through the second filing . She stated representatives met with the State Engineer's Office, and the Office concurs with the current plans and the stability analysis of the dam . She further stated representatives also met with the ditch companies/ and the dam is currently located on the applicant's property, therefore, property lines need to be modified and funds for the necessary improvements will be provided by the applicant. She reiterated the State Engineer's Office and the ditch companies will not sign an agreement until the final construction plans are complete. She requested that Conditions of Approval # 1 .A.2, # 1 .A.4, and # 1 .A. 5 be required prior to recording the final plat, and she clarified that the traffic study required through Condition of Approval # 1 .A. 10 has been completed ; however, it has not been submitted to staff. Mr. Dunker indicated the applicant has indicated the funds for the necessary improvements will be provided ; however, until the analysis is complete, the costs will be unknown. Commissioner Jerke indicated he prefers that the Final Plan application be considered by the Board since the development is very large, and the Board concurred . In response to Chair Long, and upon the recommendation of Mr. Ogle, the Board concurred with the modification of Conditions of Approval # 1 .A. 1 , through # 1 .A. 10, to become Conditions addressed at the time of Final Plan submission . (Clerk's Note : The Conditions will be listed as Conditions of Approval #4.CH . 1 , through #4.CH . 10. ) Ms. Leslie stated the State Engineer's Office has agreed that hap://www.co.weld.co.us/meetings-minutes/Hearings2007/he0787.html 1 /10/2008 Weld County - Meetings and Minutes Page 7 of 7 activities within the first filing may begin prior to the analysis being completed, as long as no activities will take place within 200 feet of the edge of the dam . She requested the analysis from the ditch companies regarding the dam be required before the second filing, so that the applicant may proceed with the first filing . Mr. Ogle indicated staff has not been presented with a letter from the State Engineer's Office concerning this issue. In response to Commissioner Jerke, Mr. Ogle indicated the applicant's representative is requesting approval to file the first filing without meeting the required criteria of the submission of the Final Plan. Ms. Leslie stated the applicant will provide a letter from the State Engineer's Office with the submittal of the first filing . In response to Chair Long, Ms. Leslie indicated the applicant will apply for the first filing separately, and then the second through sixth filings will be included in another application approximately six months later. She clarified the applicant will address the Conditions required within the Resolution/ with the exception that the applicant be allowed to move forward with the first filing since approval from the State Engineer's Office is not applicable for the first filing . Responding to Chair Long, Mr. Ogle indicated staff supports the applicant's request to apply for the first filing separately. In response to Chair Long, Ms. Sweetman- King indicated she, and the applicant, have reviewed, and concur with, the Conditions of Approval/ including the modifications addressed in the memorandum provided by Mr. Ogle . She further stated the Metropolitan District is obligated to maintain the internal roads, and the applicant has not yet determined whether a Homeowners' Association will be responsible for the maintenance of the open space. Commissioner Jerke moved to approve the request of HF Holdings, LLC, for Change of el Zone, PZ # 1126, from the A (Agricultural) Zone District to the PUD ( Planned Unit Development) Zone District, with R- 1 (Low- Density Residential), R-2 ( Duplex Residential), R-3 (Medium-Density Residential)/ R-4 ( High- Density Residential) , C- 1 ( Neighborhood Commercial), and C-2 (General Commercial), 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1,804 units / 10 acres Commercial), based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record, and modified as recommended in the memorandum submitted by Mr. Ogle, marked Exhibit HH . The motion was seconded by Commissioner Garcia . Commissioner Rademacher stated the applicant provided an informative presentation; however, he is disappointed the development could not proceed through the Town of Mead . There being no further discussion, the motion carried unanimously, and the hearing was completed at 12 : 20 p. m . This Certification was approved on the 19th day of November , 2007. APPROVED : BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO http://www.co.weld.co.us/meetings-minutes/Hearings2007/he0787.html 1 /10/2008 Weld County - Meetings and Minutes Page 1 of 25 . 1 ,: '1 Q� t cc w. at; q;I. • J s,«. ffr • , „4: ;(. `.r . f;s: Yes---: -4.. ::1. , ,. : I . - v eft Cou ..... ,., Co I ilit/i : -•':,•., -,sal L 4. , .�.. • A il�� ,. .• 1. i• M i. i s:... • '� 4` . 1KiMG .:'F1lK%F>2.... .•.,lJ'1.Y'Y:»:1:.. 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Property Information Conks Clerk to the Board > Meetings & Minutes > Board Calendar > Social Services Board Minutes RESOLUTION RE : GRANT CHANGE OF ZONE, PZ # 1126 , FROM A ( AGRICULTURAL) ZONE DISTRICT TO PUD ( PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH R- 1 ( LOW- DENSITY RESIDENTIAL), R- 2 ( DUPLEX RESIDENTIAL ), R- 3 ( MEDIUM - DENSITY RESIDENTIAL), R-4 ( HIGH - DENSITY RESIDENTIAL), C- 1 ( NEIGHBORHOOD COMMERCIAL), AND C- 2 ( GENERAL COMMERCIAL), 215 ACRES OF OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT ( 1, 804 UNITS / 10 ACRES COMMERCIAL) - HF HOLDINGS, LLC lillWHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado , and WHEREAS , a public hearing was held on the 14th day of November , 2007, at 10 : 00 a . m . for the purpose of hearing the application of HF Holdings, LLC , 4 Inverness Drive East # 300, Englewood , Colorado 80112 , requesting Change of Zone, PZ # 1126 , from the A (Agricultural ) Zone District to the PUD ( Planned Unit Development) Zone District, with R- 1 ( Low- Density Residential ), R- 2 ( Duplex Residential ) / R- 3 ( Medium - Density Residential ) , R-4 ( High- Density Residential ), C- 1 ( Neighborhood Commercial ) , and C- 2 ( General Commercial ) , 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1 , 804 units/ 10 acres Commercial ), for a parcel of land located on the following described real estate, to-wit : 51/2 of Section 27 ; N1/2 NW1/4, E1/2 SW1/4, and E1/2 of Section 34 ; NW1/4 NE1/4 of Section 3 ; all in Township 3 North, Range 68 West; and part of the NE1/4 of Section 3 , Township 2 North , Range 68 West of the 6th P. M . , Weld County, Colorado WHEREAS, the applicant was represented by Julie Cozad, TetraTech , 1900 South Sunset Street, Suite 1 -F, Longmont, Colorado 80501 / and WHEREAS, Section 27-6- 120 of the Weld County Code provides standards for review of said Change of Zone, and 0 WHEREAS , the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and , having been fully informed, finds that this http ://www,co .weld.eo.us/meetings-minutes/Resolutions2007/Reso%200787 .html 1 / 10/2008 Weld County - Meetings and Minutes Page 2 of 25 request shall be approved for the following reasons : 1 . The applicant has complied with all the application requirements listed in Section 27-5-30 of the Weld County Code. 2 . The request is in conformance with Section 27-6- 120 . D as follows : a . Section 27-6- 120. D. 5.a -- The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD and Chapter 19 (Coordinated Planning Agreements) , Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision ) , and Chapter 26 (Mixed Use Development) of the Weld County Code. The proposed site is not influenced by an Intergovernmental Agreement. The proposal is consistent with the aforementioned documents as follows : 1 ) Section 22-2- 110 . B ( UGB. Goal 2) states, "Concentrate urban development in/ or adjacent to, existing municipalities or the 1-25 Mixed Use Development area, and maintain urban growth boundary areas that provide an official designation between future urban and non-urban uses. " The proposed PUD is located within the Mixed Use Development ( MUD) area, and within the three- mile municipal referral area for the Towns of Mead, Frederick, and Firestone and the Cities of Longmont and Dacono. 2) Section 22-2- 110. D (UGB. Goal 4) states, "Whenever possible/ open space within urban development should be connected to existing open space . " The open space area on the south portion of the property is adjacent to the St. Vrain State Park . Open space is connected internally and is also interconnected with developments to the north and future developments to the west via greenway corridors and an internal trail network. 3) Section 22-2-230 .A ( MUD Goal 1 ) states, "To plan and to manage growth and to provide for ease of inclusion in the 1-25 Mixed Use Development area and urban development nodes, so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area . " The proposal assures that new development will occur in such a manner as to maintain the physical and ecological environment. Further, all applicable standards and regulations, unless otherwise modified herein, of Chapters 22, 23, 26, and 27 of the Weld County Code shall be integrated in the design of the Final Plan . 4) Section 22-2-240.A (I-25. MUD. Goal 1 ) states, "Establish a sense of community identity within the 1-25 Mixed Use Development area by planning and managing residential, commercial/ industrial, environmental, aesthetic, and economic components of the area. " The land uses shown on the Change of Zone plat reflect the uses shown on the Amended I-25 MUD Structural Land Use Map 2. 1, dated January, 2007 (Appendix 26-Q) . The Conditions of Approval require an amendment to the Amended I-25 MUD Structural Land Use Map 2. 1, dated January, 2007, prior to recording the Change of Zone plat. 5) Section 22-2-230. F (MUD. Goal 6) states, "The extraction of minerals and oil and gas resources should conserve the land and minimize the impact to Planned Unit Developments. " As proposed, the future oil and gas operations are limited to approximately eleven locations within the open space and development. A recorded Memorandum of Surface Agreement between Kerr- McGee Oil and Gas Onshore, LP, and Waterfront at Foster Lake, LLC, dated June 13, 2007, exists for future drilling operations located in Sections 27 and 34, Township 3 North, Range 68 West of the 6th P. M . , Weld County, Colorado. The Conditions of Approval require a signed Final Surface Use Agreement prior to submitting the Final Plat application. http ://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 3 of 25 6 ) Section 22- 2-230. C ( MUD . Goal 3) states, "Provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and im general welfare of the present and future residents of the County and the area . " The applicant has signed agreements in place with the St. Vrain Sanitation District and the Longs Peak Water District. The Subdivision Service Agreement between the Water District and the applicant was approved by the Longs Peak Water District on July 12, 2007 . The Subdivision Service Agreement between the Sanitary District and the applicant was approved by the St. Vrain Sanitation District on June 14, 2007. The Draft Service Agreements were reviewed by the County Attorney's Office, which indicated that the agreements submitted by the applicant are adequate. 7) Section 22-2-260 . D (I -25 . MUD .T.Goai 2) states, "Promote a . pedestrian trail system to service transportation and recreation purposes within the 1-25 Mixed Use Development area . " The Conditions of Approval ensure that a pedestrian connection will be created to the Kiteley Ranch at Foster Lake development to the north, prior to recording the Change of Zone plat. The applicant is also required to establish a trail connection along Foster Reservoir, as shown on Amended MUD Structural Land Use Map 2 . 1 , dated January, 2007 . Further, the applicant shall provide a trail connection to the Adler PUD ( PZ- 1071 ) and Newby Farms PUD ( PK- 1138), subdivision developments adjacent to the west. 8) Section 22-3- 140.A (T. Goal 1 ) states/ " Provide a unified and coordinated county- wide street and highway system which moves people and goods in a safe, economical, and efficient manner. " The Conditions of Approval ensure that the applicant shall address the issues outlined by the Town of Mead and the Weld County Department of Public Works, in the referrals dated August 16, 2007, and September 11 , 2007, respectively. 0 9) Section 22-2-260. E (I-25 . MUD.T. Goal 3 ) states, "New development within the Mixed Use Development area shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems. " The applicant is in the process of updating the Traffic Impact Study (TIS) by Eugene Coppola, P. E ., submitted in August, 2006, incorporating the review comments offered by Felsburg, Holt and Ullevig (FHU) in November, 2006. This should be completed prior to recording the Change of Zone . Further, the applicant has received the updated version of the Mead-Longmont-Weld County Sub-Area Report prepared by FHU, dated July, 2007, and is utilizing the recommendations from that report as guidance for roadway planning and design in the study area, which includes the Waterfront at Foster Lake project. The anticipated roadway improvements to the surrounding roadway network, as well as those directly related to the proposed Waterfront at Foster Lake development, need to be clearly defined for the Change of Zone. It is recommended in the FHU comments that the developer provide a table defining when each improvement will be required with each phase of construction . The financial contribution of Waterfront at Foster Lake to those improvements also needs to be determined prior to recording the Change of Zone plats . The applicant was approved for the Consolidated Service Plan on August 29, 2007, for the maintenance obligations of improvements within the PUD. b. Section 27.6- 120. D. 5. b -- The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. 1 ) Section 27-2-20, Access standards County Road 7, adjacent to the development, is within the Town of Mead . The 411 Conditions of Approval require a letter from the Town indicating that an access permit onto County Roads 7, 28 and 26. 5 has been obtained prior to recording the Change of Zone plat. If that letter cannot be supplied, the applicant is required to outline, in http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 4 of 25 detail, all efforts that have been made to acquire approval from the Town of Mead . is 2) Section 27-2-40, Bulk requirements The applicant has proposed a deviation from the Bulk Requirements and allowed uses, as set out in the Weld County Code, as follows : a ) The minimum setback from a road right-of-way shall be twenty (20) feet. b) The minimum backyard setback shall be twenty (20) feet from the property line. c) The minimum side yard offset shall be five ( 5) feet from the property line. d) Encumbrances requested to be allowed in the side yard setback area include the following : eaves, bay and box windows, room projections and cantilevers, foundation counter-forts, brick ledges, air conditioning units and concrete sidewalks and stoops may encroach up to two and one-half (2. 5) feet within these side setbacks, measured from the foundation wall. e) Encumbrances requested in the rear and front yard setback area include the following : front-yard sidewalks, front porch steps, backyard patios, decks and back yard air conditioning units shall be allowed within the setback. Covered porches may extend into the rear setbacks a minimum of ten ( 10) feet from the property line. By Code, the minimum total width of easements adjacent to rear and side yard lot lines is twenty ( 20) feet, equally proportioned on abutting properties, and fifteen ( 15 ) feet in front yards for the utility easement. The minimum lot size shall be 6,050 square feet. This variance is larger than the 6, 000 square-foot lot allowed in the R- 1 (Low-Density Residential) Zone District in the Weld County Code . The current agricultural uses, associated accessory structures, and the habitable single family dwelling units may continue on the properties until construction commences within the filing in which the uses are located. This request is supported, so long as a nuisance or derelict condition does not exist. The commercial component seeks to provide a range of activities and professional services, including stores and shops, furnishing services, and merchandise to the general public, restaurants, including drive- in restaurants; theaters, convention halls, and other such facilities and structures, private or public, with seating capacities not over 1 ,000 persons; establishments for the sale and care of household pets; professional offices; establishments for the repair and restoration of small electrical equipment and appliances such as radios, television sets, business office machines, and household appliances; private and commercial recreational facilities; hospitals, nursing homes, retirement centers, and mental or physical rehabilitation centers; community pool and support facilities; and one microwave, commercial, radio, television or other communication transmission or relay tower seventy feet or less in height. All uses located within the Commercial Zone will be subject to a Site Plan Review, as outlined in the Weld County Code. The applicant has requested a multi-family ( R-2, R-3, and R-4) component in three areas within the development entitled to 12 to 14 du/ac to 14 to 16 du/ac. IDSection 23-3- 160. L. 1 .f of the Weld County Code requires a three-hundred-fifty (350) foot setback from any oil and gas production facility within a Residential Zone District. The applicant is requesting a 150-foot setback from wellheads, tank batteries, http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.htrnl 1 / 10/2008 Weld County - Meetings and Minutes Page 5 of 25 separators, meter houses, and emission control devices for existing and new facilities on the property, for residential and commercial areas, and 350 feet from any structures classified as assemblage occupancies . ii The applicant does not have a finalized agreement with the property's mineral owners; however the applicant and Kerr-McGee Oil and Gas Onshore, LP, have a Memorandum of Surface Agreement that was executed and recorded on June 13, 2007. The Conditions of Approval require the submittal of a signed agreement prior to acceptance of the Final Plat application . The entryway signage consists of two (2) monument signs for each primary access entrance and a single monument sign at the recreational center and on County Road 26 . 5 south of the high school . The Conditions of Approval require the applicant to identify if signage can meet required setbacks and applicable sign code. 3 ) Section 27-2- 50, Circulation Sections 22- 2- 220 and 26-2- 30 of the Weld County Code require an interconnected network of local streets. The Weld County Department of Public Works has requested a connection to the Mead Crossing development to the north, west of I-25 ; and into the Kiteley Ranch at Foster Lake PUD to the north, east of County Road 7. Planning Services and Public Works strongly support interconnectivity of developments because of the traffic benefits derived by reducing trips on collectors adjacent to developments. Pedestrian trails are similarly encouraged between developments and amenities. The Conditions of Approval require the applicant to show a connection between both of these developments prior to recording the Change of Zone plat. The applicant is also required to dimension all rights-of-way prior to recording the Change of Zone plat. 0 4) Section 27-2-60, Common open space As proposed, the site does meet the open space requirements of Chapters 26 and 27 of the Weld County Code. The proposed development has 215 acres of open space or thirty-six ( 36) percent of the development in native grasses, and manicured turf areas with a diverse plant material palette for coniferous and deciduous plantings. Additionally, a clump and gap formed berm traverses the property west of the 1-25 transportation corridor. The landscape design for the site includes enhancement of riparian areas within the river corridor and around the existing ponds. Four park areas provide the development with a structured or programmed neighborhood feel that is accessed by the adjacent roadway pedestrian path and an internal trail system that winds through the development connecting the parks and children's playgrounds and adjacent developments to the north, and allows for connections to the west. Recreational uses in the parks and open spaces include active uses such as lakeside activities, walking trails, a community center with a neighborhood pool, changing facility, and a community/meeting room, as well as passive uses such as trails adjacent to the river corridor, upslope areas around the ponds, and areas having native plantings. Given the numerous ditches and physical encumbrances associated with the conveyance of water, the Departments of Planning Services and Public Works request that all easements be placed on the plats/ specifically easements for the Highland Ditch Company, the Number 3 Outlet Ditch, the Sanborn Reservoir Ditch Company, and their associated easement for access, operation, maintenance, repair, and replacement. Prior to submitting the Final plat application, the applicant is required to provide an agreement between the Highland Ditch Company, the Number 3 Outlet Ditch, and the 4. Sanborn Reservoir Ditch Company. The applicant is also required to provide an agreement with the owner of the property north of the site for the relocation of the irrigation ditch serving the property prior to submitting the Final Plat application . http://www,co.weld.co.us/meetings-rninutes/Resolutions2007/Reso°/©200787.htmi 1 / 10/2008 Weld County - Meetings and Minutes Page 6 of 25 5) Section 27-2-74, Conservation area An important unifying component of the development is the natural open space and native areas which will be enhanced and the natural systems protected. Large greenways connecting to the St. Vrain River and Foster Lake will serve not only as stormwater drainage-ways for the control and detention of stormwater, but have also been designed as natural wildlife corridors for wildlife movement. Approximately 20 acres adjacent to the St. Vrain River are within the 100-year floodplain and contain riparian vegetation . The area is programmed to remain natural open space, with the potential for passive recreational opportunities such as picnicking, bird watching, etcetera . This area, once remnant concrete and associated debris is removed, will remain as a natural area and will connect to the upslope development through the drainage channels which exist from Foster Lake south to the river. As has been stated, Waterfront at Foster Lake PUD is adjacent to Foster [Lake] Reservoir and is impacted by non-jurisdictional wetlands, floodplains and high water tables. The Weld County Department of Public Works cited several major concerns that require addressing, including off-site drainage, FEMA floodplain, erosion issues, the Foster Lake dam, and the numerous irrigation ditches located on the site . On July 19, 2007, the Department of Public Works received a Drainage Report prepared by Tetra Tech, dated July/ 2007, stamped and signed by Cameron Fowlkes, P. E . # 39318 . Generally, the report addresses the issues, although additional information or clarification is required from Tetra Tech . The applicant submitted a HEC- 1 analysis of the Foster Lake dam break/overflow scenarios, titled : Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135, dated June 2007 , stamped by Richard Joseph Tocher, P. E. 19305. The Department of Public Works received the report July 19, 2007. For completeness, the applicant shall provide all model calculations and printouts from this report to the Department of Public Works with the Final Plat application Drainage Report submittal. The acceptance of this report shall be through the Colorado Division of Water Resources/ Dam Safety Branch . The Department of Public Works requires a letter from the Colorado Division of Water Resources, Dam Safety Branch, indicating its final acceptance of the report. Although jurisdiction over the Foster Lake dam lies with the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch, the Department of Public Works requests additional information, as the results of the dam break analysis has implications for public safety in the proposed Waterfront PUD. The information shall be submitted, reviewed, and conditionally approved prior to submitting the Final Plat application . c. Section 27-6- 120. D. 5.c -- The uses which will be permitted will be compatible with the existing, or future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed PUD is located within the Mixed Use Development ( MUD) area, and within the three-mile municipal referral area with the Towns of Mead, Firestone, and Frederick and the Cities of Longmont and Dacono. The Town of Mead, in the referral dated August 16, 2007, is opposed to this development being approved as an unincorporated project, and requests that it be redirected (annexed ) to the Town to insure safe coordinated community development. The Town of Firestone, in a verbal referral over the course of 11. a meeting with staff, requested consideration of a larger setback between the river and the residential component adjacent to the river corridor. The Town of Firestone further requested that should an additional setback not be feasible, that the applicant consider http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reno%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 7 of 25 limiting the height of the residential structures adjacent to this area . The Town of Frederick, in an email received September 12, 2007, stated the Waterfront Lake PUD is ep outside of its planning boundary, therefore it had no comments regarding the project at this time. The City of Longmont, in the referral dated August 22, 2007, had several comments, specific to urban development, floodplain, and trail corridors from Liberty Gulch and Union Reservoir into the State park . The City of Dacono indicated no conflicts with the proposal . d . Section 27- 6- 120. D. 5 .d -- The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Chapter 27, Article II/ of the Weld County Code. The Weld County Department of Public Health and Environment indicated the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. The application states water will be provided by the Longs Peak Water District. A Draft Water Service Agreement has been included with the application . A non- potable water system is planned for the parks and open space areas, as well as the residential and commercial lots. Sewer service will be provided by the St. Vrain Sanitation District. A Draft Service Agreement has been included with the application. The Board of County Commissioners, at a public hearing on August 29, 2007, approved the Consolidated Service Plan for Waterfront at Foster Lake Metropolitan Districts Nos. 1 , 2, and 3 . The public improvements that are to be financed/ acquired, installed and constructed by the District to serve the Waterfront at Foster Lake Development are as follows : Street System and Traffic Safety, Storm Water Drainage, Sanitary Sewer System, Potable and Irrigation Water System , Reservoir and Ditch, Parks and Open Space . 4. The Weld County Department of Public Health and Environment has reviewed the proposal for 1 , 804 residential units, ten ( 10) acres of planned commercial/retail zoning, a community center/ a public pavilion for community events, and various other active and passive recreational uses (2 tot lots, fishing, non-motorized boating, lakeside activities, trails, etcetera) . The trail system plans to connect to the St. Vrain Middle and High School site (off property) and Kiteley Farms at Foster Lake PUD. The two pocket parks with tot lots will have enclosed portable toilets, and the public pavilion and community center will be connected to the St. Vrain Sanitation District. The picnic area (located within the 100-year floodplain boundary) is within walking distance to the park/tot lot in the southern portion of the development. If the community center's pool will be open to the public (memberships, swim meets for the high school and/or middle school, etcetera), the facility will be subject to the Colorado Department of Public Health and Environment Swimming Pool and Mineral Baths (Swimming Pool) regulations. The commercial/retail uses in the development will be subject to the Site Plan Review process once they are identified . The Departments of Planning Services and Public Health and Environment will conduct additional reviews of those uses at the time of development. There are existing homes with septic systems located on the property (3203, 3826 and 3854 County Road 28) . None of these septic systems are documented. The Department understands that the system at 3854 County Road 28 will be abandoned . There is another very old residence on the southern portion of the property that will also be abandoned (address unknown) . These septic systems must be properly abandoned in accordance with Section 30- 7-70. The homes at 3203 and 3826 County Road 28 are currently occupied and will remain so until that phase of the development begins (approximately Phase 2) ; the septic systems must be evaluated for adequacy alfor the time period that they will be occupied . A fourth home with a septic system is located on the property at 3042 County Road 28. This system has been documented under a Statement of Existing, SE-0100120, and no further action is needed at this hutp:/Avww.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 8 of 25 time provided the system is functioning properly. This home is also currently occupied and will remain so until approximately Phase 2 of the development, when the septic 0 system will be abandoned for the St. Vrain Sanitation District sewer. These septic systems will also be required to be abandoned in accordance with current regulations in effect at that time. e. Section 27-6- 120. D. 5. e -- Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. As previously indicated, the applicant is in the process of updating the Traffic Impact Study (TIS) by Eugene Coppola, P. E . , submitted in August, 2006, incorporating the review comments offered by Felsburg, Holt and Ullevig (FHU) in November, 2006. The applicant has received the updated version of the Mead-Longmont-Weld County Sub-Area Report prepared by FHU, dated July, 2007, and is utilizing the recommendations from that report as guidance for roadway planning and design in the study area which includes the Waterfront at Foster Lake project. The traffic impacts of the proposed Waterfront PUD and the new High School must be addressed in the TIS for the Final Plat submittal . The County has concerns for public safety/ due to the current configuration of the intersection of County Roads 7 and 26 . This intersection curve must be corrected prior to opening the new High School in 2009 . Although not formally submitted, Waterfront's engineer has evaluated possible intersection upgrades that include a new alignment with super-elevation to address the curve, and raising the roadway with fill and box culverts to allow passage of Liberty Gulch peak flows . An alternative design/ wherein there is no intersection of these two roads, has also been discussed . In this option, the southern end of County Road 7 is 0 terminated with a cul-de-sac, and the eastern end of County Road 26 is terminated with a cul-de -sac. This second alternative appears to be the safest and most economical approach/ and should be presented to the property owner immediately to the west of County Road 7, and incorporated into the development. f. Section 27-6- 120. D. 5 . f -- The Off-Site Road Improvements Agreement and an On- Site Improvements Agreement proposals are in compliance with Chapter 24 of the Weld County Code, and a Road Improvements Agreement is complete and has been submitted, if applicable. The anticipated roadway improvements to the surrounding roadway network, as well as those directly related to the proposed Waterfront at Foster Lake development/ need to be clearly defined for the Change of Zone . It was recommended in the FHU comments that the developer provide a table defining when each improvement will be required with each phase of construction with the Final Plat application and Final Plat Phasing documents. The long term maintenance of the roads surrounding the new High School (County Road 26. 5) needs to be addressed between the Town of Mead and Weld County through an adopted Intergovernmental Agreement. g . Section 27-6- 120. D. 5. g -- There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Tetra Tech submitted a preliminary Geotechnical Due Diligence Study for the Waterfront at Foster Lake Subdivision, stamped by Patrick S. Carlin, P. E. 33289, dated April 26, 2006, and received by the Department of Public Works on July 19, 2007. The Geotechnical Study shows all areas tested within the site having low resistivity (ohms/cm ) soils; these soils are highly corrosive to metal, and special consideration Ilishall be given to metal pipes and concrete reinforcement. Per analysis, ground water was observed 12 to 13 days after boring in 17 of the 18 bore holes. Special consideration must be taken to ensure foundations and footers are not adversely http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 9 of 25 affected by these ground water findings. A Geology Memorandum from Gary Linden, dated August 25, 2006, was submitted to the Department of Planning Services. It indicated the gravel and sand source rate is poor for this site. No lots or development are planned in the low lying area adjacent to the St. Vrain River. A portion of the site is in close proximity of both the Foster Lake and St. Vrain River floodplains. As stated in the applicant's Drainage Report, a Letter of Map Revision ( LOMR) and Conditional Letter of Map Revision (CLOMR) will be required through the Federal Emergency Management Agency (FEMA) to address this proposed situation. In the absence of a FEMA-approved CLOMR that changes the location of the floodplain, the County's Flood Hazard Development Permit (FHDP) will be required . Building restrictions or prohibitions will apply to all residential lots in floodplains. The applicant is also required to address the disposition of both the Hay Seed and Highland Ditches, as they relate to stormwater flows and conveyance through the Waterfront site . The applicant is also required to address off-site drainage, on -site drainage, free board and setbacks from Foster Lake, channels, swales, ponds, and possibly other conveyance features will be required . The simulated dam break/overflow scenarios, including determination of peak flow rates in the Clear Day Breach Channel and Dam Safety Branch, have not been evaluated or accepted by the State Engineer's Office acceptance, therefore, it is premature to comment on appropriate setbacks, channel crossings, and other design issues related to the channel. The applicant has been advised the Department of Public Works may have additional concerns and requirements; however, these may not arise until review of the comments from the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch, on the proposed channel and related facilities. All stormwater must be detained on the site and follow the requirements of Section 24-7- 130. D of the Weld County Code and Code Ordinance # 2006- 7. h , Section 27-6- 120. D. 5 . h - Consistency exists between the proposed Zone District(s), uses, and the Specific Development Guide. The submitted Specific Development Guide does accurately reflect the Performance Standards and allowed uses described in the proposed Zone District, as described previously. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of HF Holdings, LLC, for Change of Zone, PZ # 1126 , from the A (Agricultural) Zone District to the PUD ( Planned Unit Development) Zone District, with R- 1 ( Low- Density Residential), R-2 ( Duplex Residential), R-3 ( Medium- Density Residential)/ R-4 ( High-Density Residential), C- 1 ( Neighborhood Commercial), and C-2 ( General Commercial), 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1 ,804 units / 10 acres Commercial), on the above referenced parcel of land be, and hereby is, granted subject to the following conditions : 1 . Prior to recording the Change of Zone plat : A. The applicant shall provide a letter from the Town of Mead indicating its concerns have been addressed, specific to proposed location and right-of-way widths for all internal and external roads. Written evidence of such shall be provided to the Department of Planning Services IDB . The applicant shall address the requirements and concerns of the St. Vrain Valley School District, as stated in the referral response dated August 15, 2007. Evidence of such shall be submitted/ in writing, to the Weld County Department of Planning http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 10 of 25 Services. C. The plat shall be amended to include the following : 1 ) All sheets of the plats shall be labeled PZ- 1126. 2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat, per Section 23-2- 690 of the Weld County Code. 3) County Road 28 has been re-classified by the County utilizing the updated version of the Mead - Longmont-Weld County Sub-Area Report prepared by FHU, dated :July, 2007 . Utilizing the recommendations from the report as guidance for roadway planning and design in the study area, which includes the Waterfront at Foster Lake project, the applicant shall verify the existing right-of-way, and the documents creating the right- of- way shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated . This road is maintained by Weld County. 4) County Road 26. 5 has been annexed by the Town of Mead . The applicant shall verify the existing right-of-way, and the documents creating the right-of-way shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated . This road is maintained by the Town of Mead . 5 ) County Road 7 has been annexed by the Town of Mead . The applicant shall verify the existing right-of-way, and the documents creating the right-of-way shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated . This road is maintained by the Town of Mead . 6 ) All rights-of-way and easements shall be dimensioned and referenced by Book and elPage, and reception numbers on the Change of Zone plat. 7) Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County Code, shall be delineated on the plat. 8) The plat shall delineate the residential parcels adhering to the Mitigation Design Criteria, as stipulated on Sheet 7 of the Change of Zone Plat. D . The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording : 1 ) Change of Zone, PZ- 1126, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District with R- 1 (Low-Density Residential)/ R- 2 (Duplex Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential)/ C- 1 ( Neighborhood Commercial), C-2 (General Commercial), 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District ( 1 ,804 units/10 acres Commercial) - Waterfront at Foster Lake PUD, except as indicated herein . The PUD will be subject to, and governed by, the Conditions of Approval stated herein and as specifically defined on the Change of Zone plat, Sheet 7 PUD Requirements, and the Waterfront at Foster Lake Development Guide. 2 ) The Open Space Lots are non- build-able for residential structures or structures providing habitable space. II3 ) Water service shall be obtained from the Longs Peak Water District. 4) Sewer service shall be obtained from the St. Vrain Sanitation District. http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 11 of 25 5) Permanent restroom and hand washing facilities shall be provided within easy access of the public gathering areas. 6) Any abandoned septic system must comply with Section 30-7-70 of the Weld County Code. The applicant should contact the Department of Public Health and Environment to update existing septic permits for those systems that have been abandoned . 7) A Stormwater Discharge Permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area . The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state .co. us/wq/PermitsUnit for more information . 8) 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 the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted . 9) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five ( 5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 10) If land development creates more than a 25-acre contiguous disturbance, or exceeds six (6 ) months in duration, the responsible party shall prepare a Fugitive Dust el Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. 11 ) A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. 12 ) A Metropolitan District has been established . The District is responsible for street improvements, including/ but not limited to, streets, curbs, gutters/ bridges, embankments, divider islands and medians, cross-walks, cross-pans, traffic signals, and signage . 13) The Southwestern Weld County Law Enforcement District shall be established prior to the sale of any lot, or may be provided by another approved agency or municipality . 14) Intersection sight distance triangles at the development entrance will be required . All landscaping within the triangles must be less then 3. 5 feet in height at maturity. 15) Installation of utilities shall comply with Section 24-9- 10 of the Weld County Code and requirements of the service providers. 16) No grading permits will be issued for this project without submission and Weld County approval of erosion control and sediment control plans prepared, stamped, and signed by a professional engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one portion of this site may require construction of temporary or permanent erosion control and sediment control Best Management 411. Practices on other portions of the site. 17) A separate building permit shall be obtained prior to the construction of any littp://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.htm1 1 /10/2008 Weld County - Meetings and Minutes Page 12 of 25 building . 18) A plan review is required for each building for which a building permit is required . Commercial building plans shall bear a wet stamp of a Colorado registered architect or engineer. Commercial building plans require a Code Analysis Sheet, which is provided by the Weld County Department of Building Inspection . Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 19) Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application . Currently, Weld County has adopted the following : 2006 International Building Code, 2006 International Residential Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and Chapter 29 of the Weld County Code, and to the Waterfront at Foster Lake PUD Development Guide and Change of Zone, Sheet 7 PUD requirements. 20) Each building will require an engineered foundation based on a site-specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer, 21 ) Building heights are measured as described on the Change of Zone plat, Sheet 7 . Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all Zone Districts. 22 ) Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the plan review. All setbacks are measured from the outside of the foundation wall. Architectural elements may el encroach 2 . 5 feet into the side setbacks, and also into the front and rear setbacks, as defined on the Change of Zone plat, Sheet 7 PUD. In no event will there be an encroachment into the Utility or Drainage Easements/ as stipulated in Chapter 27, Section 27-9-40/ and Chapter 24/ Section 24-7-60/ Easement Standards . 23) The applicant shall provide a letter of approval from the Mountain View Fire Protection District prior to construction . 24) The minimum residential lot size shall be 6,050 square feet. 25) The minimum setback from the future road right-of-way for all commercial properties is twenty-five (25) feet. 26) Amend Sheet 7 of the Change of Zone plat to reflect the following Mitigation Design criteria to be met for all parcels adjacent to the St. Vrain River Corridor. In lieu of height restrictions, as stipulated, the following Mitigation Design Criteria shall be imposed : Colors : All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials; (a) repeat the colors found most commonly in the land and vegetation around the building (earth tone) ; and ( b) have a light reflective value of no more than forty (40) percent. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall Illor roof surface. Vegetation : The area around each primary structure and accessory structure shall http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%o200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 13 of 25 include at least one ( 1 ) tree of a species with a mature height of at least thirty-five (35) feet, for each two thousand five hundred (2, 500) square feet of lot or parcel area ; am provided, however, that this requirement shall not require any single-family residential lot to contain more than eight (8) trees. At least fifty (50) percent of the total number of trees required on the lot or parcel shall be located within fifty ( 50) feet of the primary structure facing the nearest viewing platform. In addition, to the maximum degree feasible, during over- lot grading, all existing mature vegetation with a height of more than three (3) feet, other than noxious plants and weeds, shall be preserved . Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting : Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees, or other outdoor areas shall use full cutoff light fixtures. A full cutoff light fixture is one in which no more than two and one-half (2. 5) percent of the total output is emitted at ninety (90) degrees from the vertical pole or building wall on which it is mounted . All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. 27 ) The commercial component is limited to include : stores and shops, furnishing services, and merchandise to the general public; restaurants including drive-in restaurants; establishments for the sale and care of household pets ; professional offices ; establishments for the repair and restoration of small electrical equipment and appliances such as radios, television sets, business office machines, and household appliances ; private and commercial recreational facilities; private clinics for the dispensing of medical advice or prescriptions; nursing homes, retirement centers, and ill mental or physical rehabilitation centers; community pool and support facilities; and one microwave, commercial, radio, television or other communication transmission or relay tower seventy feet or less in height. 28) In the Commercial Zone District, the maximum square footage is limited to 100, 000 square feet in area . 29) The building height is 35 feet for the two multi-family tracts (the 8.4 acre tract, adjacent to County Road 7, and north of the high school site; and the 7 . 3 acre tract/ north of County Road 28, and west of Interstate 25) . The multi-family parcel ( 13 . 6 acre tract, north of the high school, and west of the Community Center) will be allowed to have building heights of 45 feet. All other single family residential lots are 35 feet in height. 30) Storage of vehicles or recreational vehicles shall only be allowed inside garages. 31 ) Weld County's Right to Farm Statement, as delineated on this plat, shall be recognized at all times. 32) A Stormwater Discharge Permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area . The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co. us/wq/PermitsUnit for more information . 33) Effective January 1 , 2003, building permits issued on the proposed lots will be SIrequired to adhere to the fee structure of the County-Wide Road Impact Fee Program . 34) Effective August 1 , 2005, building permits issued on the subject site will be http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.htm1 1 / 10/2008 Weld County - Meetings and Minutes Page 14 of 25 required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. go35) Oil and gas structures shall be fenced to avoid tampering, as required by the COGCC, and will be the responsibility of the facility owner. 36) The current hunting and fishing lease in place for the property will expire May, 2008. Hunting will be allowed until the first building permit is applied for, with no hunting activities permitted after that time. 37) Except where noted on this plat, signs shall adhere to Sections 23-4-80 and 23 -4- 110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. 38) Installation of utilities shall comply with Section 24-9- 10 of the Weld County Code. 39) Except where noted on the Change of Zone plat and the Waterfront at Foster Lake Development Guide, the property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code . 40) The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, state and federal agencies, and adopted Weld County Code and policies. 41 ) No development activity shall commence on the property/ nor shall any building permits be issued, until the Final Plat has been approved and recorded . 111 42 ) Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations. 43 ) The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows : Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned . If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District to revert to the original Zone District. 44) Except where noted on the Change of Zone plat and the Waterfront at Foster Lake Development Guide, the property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. 45 ) The parcels encumbered by oil and gas production uses and setbacks from adjacent oil and gas production facilities are designated non-build-able for structures 11, having habitable space. 46) Future oil and gas production uses, as identified in the Master Surface Use http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 15 of 25 Agreement, or similar recorded document signed by representatives of HF Holdings/Waterfront at Foster Lake, LLC, or their successors, and Kerr-McGee Oil and op Gas Onshore, LP, shall be afforded drilling of wells as a Use by Right in all Zone Districts. Appropriate setbacks, offsets/ and building permits will be required . 2. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within one hundred twenty ( 120) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application . Acceptable CAD formats are .dwg, . dxf, and .dgn ( Microstation) ; acceptable GIS formats are .shp (Shape Files), ArcInfo Coverages and ArcInfo Export files format type is . e00 . The preferred format for Images is .tif (Group 4) . (Group 6 is not acceptable) . 3 . In accordance with Weld County Code Ordinance # 2005-7, approved June 1 , 2005, should the plat not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period . 4 . At the time of Final Plan submission : A. The applicant shall submit written evidence of an agreement with the Highland Ditch Company, specific to the redesign of the Highland No. 3 Reservoir, aka Foster Lake, dam, and spillway, and the relocation or alternation of several interconnections, including the outlet works of the reservoir. B. The applicant shall submit written evidence of an agreement with the No . 3 Outlet Ditch Company, specific to the relocation and piping of the No. 3 Outlet Ditch/ the redesign of the Highland No. 3 Reservoir, aka Foster Lake, outlet works that directly IDfeed the ditch, the interconnection with the outlet from the Sanborn Reservoir, and, at a minimum, two head gates . Further, crossing of the No. 3 Ditch easement for roads, trails, and recreational rights shall also be addressed in this agreement or a rider to this agreement. C. The applicant shall submit written evidence of an agreement with the Sanborn Reservoir Ditch Company, specific to the piping and relocation of the outlet ditch from the Sanborn Reservoir and its interconnection with the No. 3 Outlet Ditch. D . The applicant shall submit written evidence from the Mountain View Fire Protection District stipulating that there is adequate fire flow for all residential areas within this development. Further, the evidence shall include the fire flow analysis documents with a written sign-off from the Fire Marshall for the Mountain View Fire Protection District. E . The applicant shall submit written evidence of an accepted erosion control plan from the Longmont Conservation District specific to buffer areas adjacent to rivers, lakes, and ditches to protect against erosion. F. The applicant shall submit written evidence from the Colorado Division of Wildlife (CDOW) specific to buffer areas adjacent to rivers, lakes and ditches regarding protection from impacts to wildlife, existing and proposed vegetation/ and disturbance including issues of noxious weeds. G . The applicant shall submit a Finalized Agreement with signatures from all affected parties, including, at a minimum, Kerr- McGee Oil and Gas Onshore, LP, and Waterfront lipat Foster Lake, LLC, for drilling operations within Sections 27 and 34, Township 3 North, Range 68 West of the 6th P. M ., Weld County, Colorado . http://www.co.weld.co. us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 16 of 25 H , The applicant shall submit written evidence addressing the stormwater or non-point source contaminates that may not be adequately contained within the development that may flow downhill into the St. Vrain River, per the referral from the Colorado State Parks. I. The applicant shall submit a finalized agreement with signatures from all affected parties, including, at a minimum, Waterfront at Foster Lake, LLC, or their assignees, and the St. Vrain Valley School District stipulating that the Agreement to Mitigate the Impact on Schools has been reached . J. The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development. K. The applicant shall submit the he road layout, including the road name nomenclature, for review by all referral agencies and for preliminary addressing of the subdivisions lots by Filing or Phase . L. The applicant shall provide the Department of Planning Services with a copy of the Restrictive Covenants/ the Law Enforcement Authority, and Homeowners' Association incorporation paperwork for St. Vrain Lakes PUD, for review by the Weld County Attorney's Office . Any changes requested by the Weld County Attorney's Office shall be incorporated . M . The applicant shall provide the Department of Planning Services with a deed, for recording with the Final Plat, that documents the open space and mineral rights are deeded to the Metropolitan District. elN . The applicant shall provide an Open Space/Landscape Plan/ per Section 24- 3-50. G of the Weld County Code for review and approval . O . The applicant shall provide additional information pertaining to the plant materials, including common, botanical, and species names, size at installation, and any additional information deemed necessary. P. The applicant shall submit a Re-vegetation Plan of all areas disturbed during construction. The plan shall include information regarding plant type, installation methods, and maintenance. Q . The applicant shall demonstrate how the proposed plant material will be watered . Further, the applicant shall provide evidence that the tap from Long 's Peak Water District is permitted to provide irrigation water to the landscaped areas. R. The applicant shall submit a time frame for site construction/ roads, parks, and open space in accordance with Section 27- 2-200 of the Weld County Code. S . The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Mountain View Fire Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Department of Planning Services. T. The applicant shall dedicate the required right-of-way for the new alignment, as approved by the Department of Public Works, for County Road 28, west of 1-25 and east of County Road 7, for review and approval by the Board of County Commissioners. http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 17 of 25 U . The applicant shall provide the Department of Planning Services with an application for the vacation of County Road 28 right-of-way with the submittal of the Final Plat application materials. V. The applicant submitted a HEC- 1 analysis of the Foster Lake dam break/overflow scenarios, titled : Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135, dated June, 2007, stamped by Richard Joseph Tocher, P. E . 19305. The Department of Public Works received the report July 19, 2007. For completeness, all model calculations and printouts from this report shall be provided to Weld County with the Final Plat Drainage Report. The acceptance of this Report shall be through the Colorado Division of Water Resources, Dam Safety Branch. The Department of Public Works requires a letter from the Colorado Division of Water Resources, Dam Safety Branch, indicating final acceptance of the Report at a date uncertain . W . Although jurisdiction over the Foster Lake dam lies with the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch, Weld County requests additional information, as the implications of the dam break analysis has implications for public safety in the proposed Waterfront PUD . The applicant shall discuss residential setbacks from the breach point of Foster Lake and from the spillway channel though the subdivision . Typically, dam break analyses include a 500-year simulation ; however, the June, 2007, Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135, did not include analysis of the 500-year rain event. The applicant shall provide simulation of the 500-year dam break event and show the calculations and discuss how the numbers were derived . X . A recent County inspection of the Foster Lake dam and spillway revealed deteriorated concrete . The applicant shall provide results of geotechnical investigations that address the structural integrity of these facilities. The applicant shall also provide evidence that this information was conveyed to the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch. County concerns include the ability of the concrete wall around portions of Foster Lake to support lake-full hydraulic pressure. The applicant shall also discuss the erosional stability and lake management practices of the dam, wall, spillway, and lake shore areas during lake-full periods when wave action or boating will potentially cause additional erosion and damage to the wall and spillway structures. Y. Since the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch, have not yet provided review of the simulated dam break/overflow scenarios, adequate width, depth, flow rates and capacity, and erosional stability of the Waterfront, proposed overflow channel (Clear Day Breach Channel) cannot be assessed at this time. To ensure public safety, Weld County will defer comment on the design parameters of this channel until receiving written approval of the adequacy of the designs presented in the June, 2007, Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135 Report from the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety Branch . Z . Page 2 of the applicant's submittal, the third sentence in the third paragraph states, "Geology includes alluvial sands and gravel by the St. Vrain River in the southern portion of the site. " This statement does not match the bore hole data presented in the Wassenaar Geotechnical Report, dated April 26, 2006, and does not agree with the SI Tetra Tech memorandum conclusions. The Tetra Tech RMC memorandum, dated August 25, 2006, indicates that "Review of Colton and Fitch ( 1974) indicates the low lying area adjacent to the St. Vrain River in the southeast corner of the site is a http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reno%200787.htm1 1 /10/2008 Weld County - Meetings and Minutes Page 18 of 25 potential source of sand and gravel . However, exploratory drilling (Wassenaar, 2006 ) did not encounter sand and gravel in this area . In addition, soils mapping by the U .S . D.A. ( 2006) concludes that the site soils are a poor source of gravel . " As foundation requirements and control of groundwater may be impacted by the subsurface conditions, the applicant shall reconcile these differences. AA. Page 3 of the applicant's submittal include figures RA- 2 and RA-6 of the Urban Drainage Criteria Manual . The applicant shall identify the boundary of the Waterfront Subdivision on these maps. AB. Page 4 and 5 of the applicant's submittal shall discuss in detail how the Foster Lake dam breach path and spillway will safely convey flows through the subdivision. When accepted by the Colorado Division of Water Resources, Dam Safety Branch, the applicant shall provide an executive summary of the Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEO DAMID 050135 . AC. Several of the proposed detention ponds discharge into the Clear Day Breach Channel . The applicant shall clarify whether these extra flows in the channel have been accounted for in the Dam Breach Analysis. AD . Only one of the basins, D1 through D5 pond discussions, describe any freeboard . The applicant shall show and discuss the freeboard of all the detention ponds. AE . Detention Ponds 4 and 5 apparently are proposed to release directly into the St. Vrain River. The applicant shall discuss, in detail, how these outfalls will be protected during the 100-year flood flows. AF. The applicant shall explain, in more detail, the Neighboring Flows, flow rate going into Foster Lake, and any flows coming from the High School onto the Waterfront site. The applicant shall include flow rate and safe conveyance of these flows through the site in this discussion . AG . Page 6 of the applicant's submittal shall provide more detail on the proposed under-drain system to contend with the high water table identified within this site, as described by the Wassenaar Geotechnical Report, dated April 26, 2006. The applicant shall indicate where this system will discharge captured ground water. AFL For the Final Plat, the applicant shall explain, in detail, how the High School site detains, releases, and routes stormwater safely through and around the Waterfront site. The applicant shall describe any un-detained areas within the school site and how they will affect the waterfront neighboring flows. AI . An individual (typical) lot grading plan will be required for each proposed residential lot configuration . This plan shall show how each lot is graded, providing for drainage between and along lot lines. For the Final Plat, the applicant shall also include a minimum basement elevation for each lot, and indicate what lots will not be able to have basements or crawl spaces due to the high water table reported in the Wassenaar Geotechnical Report, dated April 26, 2006. Ai . In the Final Plat submittal, the applicant shall show the locations of ditch access for maintenance, describe maintenance plans (who will mow, control weeds), and provide written agreements between Waterfront and the ditch owners covering these topics in IIthe Final Plat submittal. AK. National Pollutant Discharge Elimination System (NPDES) requirements will dictate http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 19 of 25 that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best so Management Practices Erosion Control Plan will be required by the Department of Public Works as part of the Final Plan submittal. No site grading will be permitted until these documents have been submitted and reviewed . AL. Site-specific water quality measures to be installed at specific locations should be shown on the plans, rather than copies of measures available from the Urban Drainage Manual and Boulder County. The applicant shall include these water quality measures in the drawings for the Final Plat submittal . AM . All drainage facilities, including swales and pipes, must be in drainage easements shown on the Final plat. Proposed detention ponds must be placed in a perpetual drainage easement, along with an access easement to be secured and maintained to allow repair and maintenance of the detention ponds and inundated areas. AN . Appendix A: The applicant shall show the outer boundary of the Waterfront Subdivision on the submitted Federal Insurance Rate Map ( FIRM ) . AO . Appendix B : The applicant shall include all of the historic Colorado Urban Hydrograph Procedure (CUHP) input and output data sheets. AP. Appendix B : Historic CUHP input - The applicant shall explain, provide calculations, and show maps or plans as to how all the values for the spread sheet data were derived . The maximum percent impervious for historic flows is two (2) percent, and the applicant shall update and correct the calculations. AQ . Appendix C : The applicant shall indicate all off-site flows around the Waterfront site. AR. Appendix C : For the developed case CUHP - The applicant shall include all of the developed CUHP input and output data sheets, and explain, provide calculations, and show maps as to how all the values for the spread sheet data were derived . AS . Appendix C : The proposed slope values appear to be too flat. The site has elevations between 4,985 feet and 4, 920 feet, or about sixty-five (65) feet of fall across the site. The applicant shall provide the time of concentration calculations and show the route on a map or plan. Any basins less than 0. 141 mi ^ 2 or 90 acres shall have the time of concentration calculated when using CUHP. AT. Appendix C : The Manning 'n' values used in the Environmental Protection Agency (EPA) Stormwater Management Model (SWMM) 5 appear to be low, AU . Appendix C : The applicant shall include the 10-year developed storm event calculation if culverts are to be proposed within the subdivision . AV. Appendix C : The applicant shall show the 100-year storm event detention pond volumes as acre feet. AW . Appendix D : In the Waterfront at Foster Lake proposed drainage runoff calculations spreadsheet, the applicant shall include more detail as to how the 'C' factor values were derived by providing the amount of roadways, sidewalks, driveways, house and garage roofs, and landscape areas for each sub-basin and basin illwithin the subdivision. AX . Appendix D : The Basin H3 100-year composite 'C' value does not match the http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.htrnl 1 / 10/2008 Weld County - Meetings and Minutes Page 20 of 25 drainage basin map. The applicant shall tabulate or explain the type and locations of the sub-basin discharges. ipiAY. Appendix E : The applicant shall describe whether the Grass Buffer and Grass Swaies will be irrigated . If these drainage facilities will not be irrigated, the applicant shall use a reduced Manning's 'n ' value to more accurately characterize these features which will be closer to bare soils than grassed channels. AZ. Appendix E : The applicant shall explain and show where under-drains will discharge. BA. Appendix E : Due to the increased maintenance/ Weld County recommends not using the Urban Drainage well screens in front of the Water Quality Capture Volume (WQCV) plate. These well screens plug very easily, creating a pond of water that can be a breeding ground for mosquitoes. During the sizing of the holes for the WQCV plate, Weld County recommends using as large a hole as possible with the fewer columns. BB. Drainage Plan Sub Basin Map : On Sheet 1 of the applicant's submittal, the applicant shall label the contours so they are readable . BC. Drainage Plan Sub Basin Map : The applicant shall show, on a drawing, the time of concentration historical paths used to determine the initial overland flow and the travel time for the time of concentration calculations. BD. Drainage Plan Sub Basin Map : The applicant shall include the flows from the five (5 ) acre parcel in the middle of this project labeled : "This property is not part of this development. " Flows from this Anderson Out- lot parcel must be safely routed through 1111 the development. Waterfront is not required to detain these out-lot flows . Conceptually, these flows may be assumed to pass through the detention ponds and over the emergency weir, not through the pond 's five ( 5) year historic release orifice plate. BE . Drainage Plan Sub Basin Map : On Sheet 2 of the applicant's submittal, the applicant shall show the detention ponds, and basins X and Y since they are not detained and release directly into the St. Vrain River. The applicant shall also show the detention pond outlet pipes and pond overflow weirs for the St. Vrain Valley School District High School #7 parcel . BE Drainage Plan Sub Basin Map : On Sheets 3 through 11 of the submittal, the applicant shall indicate the 100-year water surface elevation (WSEL), emergency spillway weir and its elevation, outlet structures, and free board elevation for all the detention ponds. BC. Drainage Plan Sub Basin Map : The applicant shall show and label all the existing oil and gas wells, plus show the drilling windows of all future wells. BH . Drainage Plan Sub Basin Map : The applicant shall label all residential lots with an 'A' or 'B' lot designation and show how each of these lot types will route the stormwater around and away from the homes and to the street. BI . Drainage Plan Sub Basin Map : Due to the presence of high ground water in some areas, per the final Geotechnical Report, the applicant shall label all residential lots as 1111 to being acceptable or unacceptable for basements, crawl spaces, andjor walkout basements, and include a minimum basement finished floor elevation . http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.htm1 1 / 10/2008 Weld County - Meetings and Minutes Page 21 of 25 BJ . Drainage Plan Sub Basin Map : The applicant shall provide a top of foundation elevation for each lot ensuring one ( 1 ) foot of free board above the maximum allowed street stormwater capacity for the 100-year storm event. The depth of stormwater between houses also will need to be considered . BK. Drainage Plan Sub Basin Map : The applicant shall show, on a drawing, the time of concentration developed paths used to determine the initial overland flow and the travel time for the time of concentration calculations. BL. Drainage Plan Sub Basin Map : The applicant shall label all roadways on each drawing or map. BM . Drainage Plan Sub Basin Map : the applicant shall label all low and high points on all roadways . BN . Drainage Plan Sub Basin Map : The applicant shall dimension all setbacks from Foster Lake, channels, swales, ponds, and other conveyance features throughout the drainage basins. Building envelopes may be required . BO . Geology Report: A Geology memorandum from Gary Linden, dated August 25, 2006, was submitted to Weld County Department of Planning Services. It indicated the gravel and sand source rate is poor for this site. No lots or development are planned in the low lying area adjacent to the Saint Vrain River. The applicant shall provide evidence of poor aggregate materials on the site. BP. Geology Report: The applicant shall discuss, and show in this report, the future oil and gas production locations and how accesses to the existing and future wells and tank batteries will be handled throughout the subdivision . BQ. A Final Geotechnical Due Diligence Study for the Waterfront at Foster Lake Subdivision, stamped by a Colorado registered engineer shall be submitted at the time of Final Plan, specifically addressing the highly corrosive soils and ground water table. BR. Amend Geotechnical Report : The applicant shall update text in the report which does not match the Swell-Consolidation test results . BS . Amend Geotechnical Report: This report does not address slope stability on Sheet 12 of the applicant's submittal, which is required for Final Plat submittal . In particular, therefore, the applicant shall address public safety and setbacks along the edge of Liberty Gulch . BT. Amend Geotechnical Report: A Final Geotechnical Study with pavement design recommendations will be required to be submitted during the Final Plat. In this final Geotechnical Report, the applicant shall include data from drill borings along the centerline of all proposed streets; borings should be spaced every 500 feet, or as required by rapidly changing soil conditions. BU . The applicant shall submit evidence of approval for the Amendment to the 1-25 MUD Structural Land Use Map 2. 1 , dated January, 2007, addressing the proposed residential component east of Foster Lake within an area identified as having Limiting Site Factors. BV. The internal local road right-of-way shall be 60 feet in width, including cul-de-sacs, with a 65-foot radius, and dedicated to the public. The internal collector road right-of- way shall be 80 feet in width and dedicated to the public. http://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 22 of 25 BW. The Highland Ditch Company, the Highland No. 3 Reservoir (aka Foster Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch Company) must be • appropriately labeled and dimensioned, including setbacks, easements, and rights-of- way, along with proposed relocation as required and as stipulated in the signed and recorded agreement. BX. The plat(s) shall be amended to accurately delineate any gathering line easements for the existing oil and gas structures and all proposed structures, along with proposed relocation, if necessary, as stipulated in the signed and recorded agreement. BY. The applicant shall be required to provide written and graphic evidence from the School District and post office that the proposed mailbox location and bus shelter plan meets their design standards and delivery requirements for the mailbox facility and the proposed school drop off/pick up location. Written evidence of compliance with their standards and requirements shall be submitted to the Department of Planning Services. Further, evidence shall be provided that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. The Department of Building Inspection shall review the proposed structures for compliance with all applicable codes, as warranted . Evidence of approval shall be submitted to the Department of Planning Services. BZ . The plat shall delineate and identify the road inter-connections from the Waterfront at Foster Lake PUD into Kiteley Ranch at Foster Lake PUD ( Pioneer Drive), and identify the connection from the Waterfront at Foster Lake PUD into the Mead Crossings Subdivision development ( Highland Drive) adjacent to the north . CA. The plat shall delineate a pedestrian connection to the Kiteley Ranch at the Foster Lake PUD development to the north prior to recording the Change of Zone plat. CB. Amended MUD Structural Land Use Map 2. 1 , dated January, 2007, delineates plans for a trail connection along Foster Reservoir to the north . A trail shall be established along the northeastern edge of the property connecting to Pioneer Drive for the planned future regional trail system . CC. A trail shall be established along the southwestern edge of the property connecting to the Adler PUD, or successors of this platted subdivision of land, for the planned future regional trail system . CD . The applicant shall remove all easements located off-site and outside of the delineated property line, as the location is outside of their control. CE. The applicant shall submit details of the proposed mailbox areas to the appropriate postal district for review and approval. Any required changes shall be indicated on the Final plat. Further/ the applicant shall verify that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. CF. The applicant shall provide the Department of Planning Services with a Sign Plan that conforms with Chapters 23, 26, and 27 of the Weld County Code. CG . The applicant shall provide the Departments of Public Works and Planning Services with a request to vacate a portion of County Road 28, west of I-25 and east of County Road 7, for review and approval by the Board of County Commissioners. IIICH . The applicant shall address the following to the satisfaction of the Weld County Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services : http ://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 /10/2008 Weld County - Meetings and Minutes Page 23 of 25 1 ) The applicant is required to define the proximity of proposed lots to both the Foster el Lake and St. Vrain River floodplains. On the drawings/ it appears as though residential lots are proposed within the St. Vrain River floodplain . As stated in the Drainage Report, a LOMR and CLOMR will be required through FEMA to address this proposed situation . In the absence of a FEMA-approved CLOMR that changes the location of the floodplain, the County's Flood Hazard Development Permit (FHDP) will be required . Building restrictions or prohibitions will apply to all residential lots in floodplains. Written evidence of such shall be provided to the Department of Planning Services. 2) The applicant shall discuss the disposition of both the Hay Seed and Highland Ditches as they relate to stormwater flows and conveyance through the Waterfront site; more detail is needed in the Change of Zone report. Changes in use of historic ditch rights-of-way will require written permission from the ditch companies. Written evidence of such shall be provided to the Department of Planning Services. 3 ) The off-site drainage basins that contribute flow to and across the proposed Waterfront development are not depicted . These off-site basins must be shown in the report. Offsite flows to the Waterfront properties must be calculated under existing conditions; proposed but un-constructed off-site drainage facilities do not currently exist, therefore cannot be assumed to reduce or re-direct off-site flows. Written evidence of approval from the Department of Public Works shall be provided to the Department of Planning Services. 4) Free board and setbacks from Foster take, channels, swales, ponds and possibly other conveyance features will be required to ensure public safety and to comply with FEMA regulations in some cases. Building envelopes may be required . Written evidence of the State Engineer's Office and the Department of Public Works shall be provided to the Department of Planning Services. 5) Given that the simulated dam break/overflow scenarios, including determination of peak flow rates in the Clear Day Breach Channel and Dam Safety Branch and the overflow design scenarios have not been evaluated or accepted by the State engineer's Office ( SEO), it is premature to comment on appropriate setbacks, channel crossings, and other design issues related to the channel. The applicant is advised that the Weld County Public Works Department may have additional concerns and requirements. These issues may not arise until after the SEO and the Colorado Division of Water Resources, Dam Safety Branch, comments on the proposed channel/ and related facilities have been reviewed by the Department of Public Works. Written evidence of the results by the SEO and the Department of Public Works shall be provided to the Department of Planning Services. 6) On Sheet 3 of the applicant's submittal it appears the backs of the lots north of A Street and Out-lot B are not detained and discharge directly into Foster Lake. On Sheets 4, 7, 9, and 11 it appears that the flow arrows for Out-lot C, basin H1 , Out- lot H, show these areas are not detained and flow directly into the St. Vrain River. All stormwater must be detained on the site and follow the requirements per Section 24- 7- 130. D of the Weld County Code and Code Ordinance # 2006-7 . The applicant shall explain how all the flows within these areas are detained and provide written acceptance of these flows by the owners of Foster Lake. All stormwater detention facilities shall be designed to detain the stormwater runoff from the fully developed subdivision from a one-hundred-year storm and release the detained water at a rate not to exceed the rate of a five-year storm falling on the undeveloped site. Written SD evidence that this issue has been addressed from the Department of Public Works shall be provided to the Department of Planning Services. hap://www.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1/ 10/2008 Weld County - Meetings and Minutes Page 24 of 2.5 7) On Sheet 5 of the applicant's drainage submittal the Commercial area ( 10. 0 acres) and Multifamily area (8 .4 acres) flow arrows indicate the flow going away from Detention Pond 1 , and discharging along County Road 7 and the County Road north of the school site. All stormwater must be detained on the site and follow the requirements, per Section 24- 7- 130. D of the Weld County Code and Code Ordinance # 2006-7 , The applicant shall explain how these flows will be detained . Written evidence from the Department of Public Works that this issue has been addressed shall be provided to the Department of Planning Services. 8 ) On Sheet 6 of the drainage submittal the sub- basin H3 'C' factor does not match the drainage report 'C' factor values. Written evidence from the Department of Public Works that the applicant has corrected the values shall be provided to the Department of Planning Services. 9) The applicant shall provide an accurate determination of historic flows, impacts, detention sizing, and channel width decisions; it is important to understand how the 'C' factors were derived for sub- basin, particularly basin H3 . Written evidence of such shall be provided to the Department of Planning Services. 10) The anticipated roadway improvements to the surrounding roadway network, as well as those directly related to the proposed Waterfront at Foster Lake development, need to be clearly defined for the Change of Zone. Therefore, as was recommended in the FHU comments, the developer shall provide a table defining when each improvement will be required with each phase of construction . Further, the financial contribution of Waterfront at Foster Lake to those improvements also needs to be determined prior to recording the Change of Zone plat. Written evidence of acceptance by the Department of Public Works shall be submitted to the Department of Planning Services. 5 . Prior to recording the final plat : A . The applicant shall submit written evidence to the Department of Planning Services that all requirements of the St. Vrain Valley School District have been completed . B . The applicant shall submit written evidence to the Department of Planning Services that all of the concerns of the Department of Public Works have been addressed and resolved to the satisfaction of the Department. C . The applicant shall submit written evidence to the Department of Planning Services that all of the concerns of the State Engineers Office and the Colorado Division of Water Resources, Dam Safety Branch, specific to the dam, the proposed channel, and related facilities, have been addressed and resolved to the satisfaction of the State Engineer's Office . D . The applicant shall provide the Department of Planning Services with Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. E. The applicant shall submit evidence to the Department of Planning Services that the Covenants have been approved by the County Attorney's Office. F. The applicant shall present a unanimous petition of all landowners and residents of the Waterfront at Foster Lake PUD registered to vote in the State of Colorado, thus 411) qualifying the Development for inclusion into the Southwestern Weld County Law Enforcement Authority (SWCLEA) . A LEA is a taxing unit with a maximum mill levy of 7 . 0 mills created for the purpose of providing additional law enforcement by the http://v\ ww.co.weld.co.us/meetings-minutes/Resolutions2007/Reso%200787.html 1 / 10/2008 Weld County - Meetings and Minutes Page 25 of 2:1 County Sheriff to the residents of the developed or developing unincorporated Weld County . The revenues would be available initially to provide directed patrols and imeventually to provide additional deputies to carry out those activities within the LEA. This is intended to offset the demand for law enforcement generated by increased population densities. G . Finalized covenants and the appropriate recording fee (currently $6. 00 for the first page and $ 5 . 00 for all others) shall be submitted to the Weld County Department of Planning Services for recording at the Weld County Clerk and Recorder's office , H . The applicant shall submit a mylar plat, ready for recording for the vacation of County Road 28 right-of-way, to the Department of Planning Services. I . The applicant shall submit the appropriate On-Site and Off-Site Improvements Agreements and post the appropriate collateral for each Phase or Filing . Collateral shall be reviewed and approved by the Board of County Commissioners . J . The applicant shall submit a digital file of all drawings associated with the Final Plan application . Acceptable CAD formats are .dwg, .dxf, and . dgn ( Microstation ) ; acceptable GIS formats are . shp ( Shape Files), Arclnfo Coverages and Arcinfo Export files format type is .e00 . The preferred format for Images is .tif (Group 4 ) . ( Group 6 is not acceptable ) . K. The applicant shall submit evidence for inclusion into the Southwest Weld County Law Enforcement Authority to the Department of Planning Services. 6 . Prior to construction : 0 A. Stop signs and street name signs will be required at all intersections. B. Prior to the commencement of construction activities, stormwater erosion control and sediment control Best Management Practices shall be in place in accordance with approved permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction . C . The applicant shall provide a letter on letterhead from the Mountain View Fire Protection District stating that all requirements have been met for each Filing and/or Phase of this development. D . Stormwater Best Management Practices shall be in place in accordance with the Weld County Code and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November , A. D., 2007 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO el http ://www.co.weld.co.uskneetings-minutes/Resolutions2007/Reso%200787.html 1 / 10 /2008 ,id 111) April 7, 2008 BOARD OF COUNTY COMMISSIONERS -- WELD COUNTY RE: LIBERTY RANCH MEAD, CO The appeal of the Planning Commission's Denial of a Site Specific Development Plan and Use by Special Review Permit # 1629 for a Major Facility of a Public Utility or Public Agency (electrical substation), subject to the provisions of Section 23-4-420, in the A (Agricultural) Zone District, for A. Dale Slater Trust B/United Power. 11. A package delivered on April 7, 2008 to Centennial Center Complex, 915 10th Street, Greeley, CO P ,/ __ Signature n/aWaK Date Package 1 of 2 _. 1 1 • a AN OPEN LETTER TO THE BOARD OF COUNTY COMMISIONERS OF WELD COUNTY, COLORADO RE: The appeal of the Planning Commission's Denial of a Site Specific Development Plan and Use by Special Review Permit # 1629 for a Major Facility of a Public Utility or Public Agency (electrical substation), subject to the provisions of Section 23-4-420, in the A (Agricultural) Zone District, for A. Dale Slater Trust B/United Power We, the residents of Liberty Ranch, would like to express our opposition to the proposed building of a sub station adjacent to our development with the following arguments: I ) The health and welfare of the residents of Weld County, with which you duly elected commissioners are charged, is at risk. This includes our economic welfare as well as possible health welfare. There are many statements which report that there are no health effects from exposure to Electro Magnetic Frequency, also known as EMF. However, there are just as many articles that report serious side effects, the most common being leukemia in children, as well as other effects. While the evidence is inconclusive on both parts, we do not think it is a wise choice for you to possibly put us as well as our children at risk. On the economic side, this sub station would more than likely have a negative impact on our housing values. In an already slumping housing market, this is not acceptable. Many of the families in Liberty Ranch have scrimped and saved, and put their life savings into their homes in this community. Many are dual income families, scraping to get by, and any equity they may have built up in their homes would be erased by a negative impact to this community. While people may find realtors to show that there would be no impact to housing values, other realtors would say there would be. Again, the evidence is inconclusive for both sides. 2) This sub station, while this community would benefit from it, does not appear to be critical to this community. There are meeting minutes in which United Power has stated to Centex that they had enough power to supply this community. If you look at the proposed development around Liberty Ranch, Foster Creek with roughly 1700 homes has been approved. Also, Life Bridge has been approved which is to the south west of our community, and the adjacent areas to the west have been zoned for residential use. These developments will cause a strain on the electrical infrastructure that United Power currently has in place. We understand the need for this substation in order to continue development in this area, but why should we be asked to pay the price for further development that will negatively impact our subdivision, and the families that live here. 3) We have been informed that none of the other landowners in this area want to sell a parcel of land to United Power for this substation. We would suggest to you that these folks also are concerned with the ability to sell their property with this substation sitting on or adjacent to it. 4) When we bought homes in this area, we accepted the risk of existing conditions on and around our development. To the east of us, in our subdivision, is natural gas storage tank. To the south of us are high voltage power lines, which tap from a north —south run, changing to an easterly run at this tap location, and border the north end of the Foster Creek parcel. We knew that the property to the north of us was zoned for commercial use, and that there would eventually be some kind of development there. But in the future when this property is developed, I do not anticipate a 45 story high rise will be built there. We accepted these risks to our investments into our homes. But now we feel that we are having something thrown onto us that we were not prepared for. If United Power has made commitments to supply power to other developments without properly planning for these needs, that responsibility and consequence needs to fall on their shoulders, not on our community. I do not know if any of you live by or adjacent to a substation , but if you do, you accepted the risk and the responsibility of investing into a home with those conditions, and had the CHOICE of whether to purchase that home or not. The families that live here now appear to have had that ability to choose taken from them and made for them without their consent, all because United Power could only find one landowner willing to sell to them, and their failure to plan for the future. If I came into this development and saw that substation sitting there, I would have never bought this home site, and built what I consider to be my "dream home". In conclusion, we are coming before you today to ask for your help in denying this appeal. We don't know what other options are out there, but have heard that some people on the other side of the Interstate are willing to negotiate. In addition, we have noticed that the east-west high voltage line that this substation needs to be built on runs along the northern border of the Foster Creek parcel. Why can't this substation, which would also serve this new development, be located on that parcel? Those folks would have the ability to choose whether they wanted to live there or not if it was in place before that started development and building. Or could it be that the Foster Creek developers also do not want this substation in their area, because their home site sales may suffer? Also, it is our understanding that United Power has the power of condemnation. If they can find another area to put this on that everyone would be agreeable to, why can't they use it? The previously mentioned arguments pertaining to health concerns and economic concerns are real, and even though they are inconclusive, we ask what each one of you would do if faced with this problem. We realize the residents of Liberty Ranch are but a tiny part of the Weld County community, but this substation affects the entire population of Liberty Ranch, and while in your eyes, it may be miniscule, in our eyes it is the world. We ask that you give our concerns due consideration. Attached to this letter is a petition signed by Liberty Ranch residents, indicating agreement with this letter and asking for your assistance in denying permission for approval of this substation at A. Dale Slater Trust B property. Respectfully Submitted April 8, 2008 The Residents of Liberty Ranch, Mead, Colorado, County Of Weld Colorado : The appeal of the Planning Commission's Denial of a Site Specific Development Plan and Use by Special eview Permit #1629 for a Major Facility of a Public Utility or Public Agency (electrical substation), subject to ENIE the provisions of Section 23-4-420, in the A (Agricultural) Zone District, for A. Dale Slater Trust B/United Power. N e CV n hP Address Tele hone a p i� C _ ,si 2c, oG /3r, cjf r 9 2U ,3r3 .5 -0 2 8 _5~ pc_. 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Dale Slater Trust B/United Power. Name Address Telephone Signa lCi"r ' ,_7 cr .iS ,/, 4. i a ,&/ r' b<3c i- /. ?t•/-/,y r - "dit r _ _.r_._-- - . gill ___ _ ._ , , _ ___ _ __ _, ., , - - . - , ... , . _ 4 r L 1 IT • / 411. TO: WELD COUNTY PLANNING COMMISSION: RE: Case Number USR-1629, Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility or Public Agency (Electrical Substation) Date: November 20, 2007 This letter is to express our opposition to the proposed United Power electrical substation which is to be located on County Road 5.5 approximately 1 mile south of Highway 66. As existing residents of the Liberty Ranch community, and constituents of Weld County, we are requesting that the Commission give full consideration to our objections. We offer the following concerns: The location selected by United Power is inappropriate. Liberty Ranch is a community that will eventually have over 400 homes, a large multi-use park. an elementary school, and small neighborhood commercial services. The substation is incompatible with residential uses, and will be located in an area that is targeted on the Weld County Comprehensive Plan as medium density residential development. The facility has the potential to diminish property values. The substation will be highly visible to anyone living in the community, or anyone entering or leaving the community. United Power has made only minimal attempts at visual mitigation. We believe this could reduce our ability to re-sell our property in the future, and may have a detrimental affect on our appraisal values. The timing of the facility is objectionable, Facilities of this nature are usually built prior to development occurring. We have been denied the ability to make an informed decision about 11111 whether or not to purchase a home that is in proximity to a major utility facility. What other sites have been identified or considered? We understand that. United Power has a desire and an obligation to improve their services, and to do so as economically as possible. However, it appears that United Power has selected the cheapest and easiest solution, at the expense of Liberty Ranch residents. We are recommending the following courses of action: • Continue the November 20th hearing for a minimum of 30 days. Residents need additional time to consider the full impact and facts of the facility. • Consider alternative locations. If the facility were located approximately 'k mile further south, in either the southwest or southeast corner of the Slater property, it would be a far more satisfactory site. Sincerely :j naeou 1341 / 1,e ciaItifigbiAddress. j�l � � WAIT! County 1); ;,h;nb Department c"' { 1 ti iitii niNG N O V 1 r. 2007 .iat /,3 Esther Gesick rom: William Garcia nt: Monday, July 14, 2008 9:31 AM o: Esther Gesick Subject: FW: TMSM-Spam: Letter from Homeowner Regarding Wednesday, July 16th Hearing Attachments: Letter.WeldCountyHearing7. 16.08.doc B _A Letter.WeidCounty Hea ring7.16.0... Original Message - - - - - From : apbloom@juno . com Sarris [mailto : aliceasarris@gmaii . com) Sent : Monday , July 14 , 2008 12 : 43 AM To : William Garcia Subject : TMSM - Spam : Letter from Homeowner Regarding Wednesday , July 16th Hearing Dear Mr . Bill Garcia , The attached letter is from homeowners in the Liberty Ranch subdivision concerning the upcoming hearing Wednesday afternoon , July 16th , with United Power and a proposed power substation in the neighborhood . This letter was also posted to you , which you should receive shortly . We would appreciate your time in reviewing this prior to the meeting on Wednesday . Thank you for your time , Ili• `eith and Alicea Sarris iberty Ranch Homeowners • ExIIM 1 i Lt /GA Weld County Commissioners 915 Tenth Street alb P,O. Box 758 Greeley, CO 80632 July 11 , 2008 Dear Mr. Bill Garcia, I am a homeowner in the Mead Liberty Ranch subdivision and would appreciate your consideration of my concerns regarding United Power's proposed power station in our neighborhood as it pertains to the upcoming hearing on Wednesday, July 16, 2008. We have also met with the Town of Mead who has written a Letter of Resolution to you, stating that this is not the right location for a substation and that it does not fit into their Comprehensive Plan. I, as well and the majority of the homeowners here, do not approve of this substation because of the negative impact it poses on our community. Choosing to buy a home in a new building development was no small decision and such a facility is not only an eyesore but a major threat to the value of my home. Research shows that a power facility of this nature adversely affects the value ofa home up to twelve percent. As a homeowner starting from scratch, I have invested a lot of time and money into the building and landscaping of my new home. We intentionally moved away from high-voltage lines in our former neighborhood and would not have purchased our new home had we known about United Power's plan to construct a substation here. In addition to devaluing our property, this facility also presents a threat to the families and young ea children who live and play in this community. We specifically chose this neighborhood because the multitude of young kids (thirty plus) is the perfect flit for our own young family of three children. It is incompatible to erect a high-voltage substation immediately next to a neighborhood where so many children live and play and it creates a huge safety hazard. In the January 15, 2008 hearing, United Power emphasized their "immediate need" for this facility because it was supposed to have been built in 2006 in preparation of meeting a demand they now face in 2008. As a corporate entity whose purpose is to provide power, it seems that they would be specifically financed to accommodate such a need in an appropriate timeframe and under appropriate conditions that would best service their communities. Making the plea that they are now, in 2008, suddenly in a hurry to address the power shortage, from what I see as a lack of foresight and proper planning on their part, should not necessitate an urgency to build in a location like Liberty Ranch at the expense of the homeowners. Furthermore, it is unethical for United Power to consider a site to the financial detriment of the very community members they are servicing simply because it is more "cost effective" for them. From the first meeting in November 2007 to the January hearing, United Power was unable to provide any evidence that they sought alternative sites for constructing this facility. If the need is so urgent, I ask, why didn't they cut their loses six months ago when the Weld County Planning Commission denied their proposal in favor of the homeowners case against their substation and seek a new site where they could presently have a fully operable facility meeting the power demand? Compromising the value of our property and safety of our children should not fit into any service company's plan to meet a need within a community and, therefore, I strongly urge you to deny this proposal. ill Sincerely, /-- ( Keith Sarris Esther Gesick ram: Rob Masden nt: Monday, July 14, 2008 10:59 AM O: Esther Gesick Subject: FW: UNITED POWER, SLATER SUBSTATION Attachments: 92369-COMMISSIONERS LETTER.txt D 92369-COMMISSIO NERS LE t f ER.txt... Original Message From : JOdy (mailto : jodyo@k2cable . net ) Sent : Monday, July 14 , 2008 10 : 26 AM To : Douglas Rademacher ; Dave Long ; Rob Masden ; Bill Jerke ; William Garcia Subject : UNITED POWER , SLATER SUBSTATION Not sure if you remember me or not , but 1 was on the town board in Platteville for over 6 years and have met some of you and know that you have a genuine concern for the people of Weld County . Now as a resident of this community Liberty Ranch , I am asking you to stand behind us and support us , and take our oppositions into consideration when deciding this matter . Thank you for your time el,. �dy Orback • EXHIBIT 1 92369 -COMMISSIONERS LETTER . txt Monday , July 14 , 2008 To All Concern : am a resident of Liberty Ranch . We have lived here for just over a year . This neighborhood is filled with young families and very concerned citizens . we have not been given a choice about the placement of this substation , in fact it was very much a surprise to us , after we moved in . We were not told of this plan when we purchased our home and feel this was inappropriate on the behalf of united sower . \par The re- sale value of our homes near this facility will be less desirable than in other areas because of the placement of this facility . With the housing market the way it is , this is just one more thing we would have to deal with , if and when we decide to sell . The health risk exists , both pro and con regarding living near an electromagnetic field and/or substation . Although there is no firm evidence to confirm the level of risk , why take the chance . Scientists are doing research everyday and more often than not , to late , find evidence of harmful things that can effect the human body over periods of time . So why take unnecessary chances with our neighborhood , both young and old alike . Having served a community as a board member for over 6 years , in Platteville , I know the importance of listening to the people and their concerns . So I hope that you will listen to what we have to say and take to heart , that our concerns are genuine and make the right decisions that will be beneficial to the people of this community and the future residents as well . Thank you for your time Jody orback airRoy orback Page 1 Esther Gesick 00:m: Bill Jerke nt: Tuesday, July 15, 2008 8:21 AM o: Esther Gesick Subject: FW: Proposed United Power Substation at Liberty Ranch Attachments: Liberty Ranch proposed substation Ietter.pdf pm Liberty Ranch proposed substat... Original Message - - - - - From : MATT STUBBS tmailto : ml.stubbsl6@msn . com) Sent : Monday , July 14 , 2008 10 : 44 PM To : Douglas Rademacher Cc ! Dave Long ; Rob Masden ; Bill Jerke ; William Garcia Subject : Proposed United Power Substation at Liberty Ranch Mr . Douglas Rademacher and Fellow Commissioners , I am writing this e -mail in regards to the upcoming United Power substation hearing scheduled for Wednesday , July 16 . Unfortunately , due to work conflicts , my husband and I will not be able to attend the meeting , however , I wanted to share our feelings on the proposed substation . I am including a letter I originally sent the Weld County Planning Department , which I have slightly updated . As residents of the Liberty Ranch Subdivision , # tE ask that you please consider the affect this substation will have on our neighborhood . 'hank you in advance for taking the time to read the attached letter and please know what n important issue this is to our family . Sincerely , Laura , Matt and Kyle Stubbs 13651 Wrangler Way Mead , CO 80542 970 - 405 _ 1471 all EXHIBIT Mr I i_ u. cc4hezq 1 July 10, 2008 Douglas Rademacher Weld County Commission PO Box 758 Greeley, Co 80632 Mr. Douglas Rademacher and Fellow Commission Members: I am writing this letter in response to the electrical substation United Power is proposing to build south of Highway 66 and east of County Road 5.5. After attending the informational open house hosted by United Power, I came to realize how massive and close in proximity this structure will be located to our home. My two main concerns regarding this project are the potential decrease in property value and the possible health threats. Based on the concept pictures provided by United Power, I feel this structure would be aesthetically devastating to our neighborhood and would severely damage the appeal of our subdivision to potential buyers in the future. My other concern is regarding the effect this structure may have on the health of my family and me. Information I have found on this topic does not appear to be conclusive one way or the other. Some research indicates there are no health threats while other research suggests a multitude of health related problems. In a subdivision slated to receive an elementary or grade school building and already full of neighborhood children, I do not believe we should take chances when it comes to their well-being. As I understand, the reason this site was chosen by United Power was because it was the easiest solution. I feel a structure such as an electrical substation would be better suited to an industrialized or undeveloped area not adjacent to a residential development. I understand United Power wants to "fast track" this project, but certainly the impact it will have on the residents of Liberty Ranch Subdivision makes it worth spending the time and effort to find a more suitable location for this site. On a personal note, my husband and t have a 19- : 'h• ' month old son. We have worked very hard so we could buy a house to raise our son and any future children in ≥=c ; G..•..•.,r.: t:: = :r..- `:' a safe environment. Those dreams will be replaced by ./+� ^... . yam', s ♦ •Yw^'Y t ; 'v ?�'' ,. rS. the constant fear our health may be jeopardized and ` ° . the knowledge that the investment we made in our W • home will probably be a losing one if this structure is ""` `"° built. We have been so happy ~' ,in this subdivision and blessed with wonderful and caring neighbors. I have r' included a photo of my son Kyle, he and my husband . mean the world to me, please do not take away our dream to live somewhere we can be safe, happy and ' - healthy. Thank you for your time and consideration on ." this matter. Sincerely, Laura Stubbs 13651 Wrangler Way Mead, CO 80542 (970) 405-1471 iciptom. �e.<:� [Gy lag / 7 Jy: @c�F.afs9 '`r 0 Mr FOSTER GRAHAM MILSTEIN MILLER CALISHER H ER LLP ATTORNEYS AT LAW July 15, 2008 VIA FIRST CLASS MAIL VIA E-MAIL TRANSMISSION Mr. Bruce Barker, County Attorney Weld County Colorado 915 10th Street Greeley, Colorado 806:32 Finai l : bbal•l:er!ct'co, veld.co.us Re: Applicant - United Power Case No. USR-1629, Site Specific Development Plan and Use By 111 Special Review ft»' a Major Facility of a Public Utility or Public Agency (Electrical Substation) Dear Bruce: This is to confirm our discussions yesterday concerning the issuance of subpoenas to compel the attendance of United Power witnesses who previously submitted affidavits in support of the "Aniended Complaint." The substance of that discussion was as follows: It is the County's position that the BOCC` has no inherent subpoena authority and/or will not exercise the same to compel the attendance of these witnesses, notwithstanding Code Section 2-4-50 setting forth the express right to call and cross-examine witnesses during adjudicators proceedings. It is the County's position that we have no authority to issue subpoenas to compel the attendance of these witnesses as a litigant before the BOCC and that such subpoenas would not be enforced. It is the County's position that the evidentiary standards of the proceedings scheduled before the BOCC would allow an exhibit summarizing the contact we have had with these witnesses. ID 521 SEVENTEENTH STREET 4 19TH FLOOR 4 DENVER , COLORADO 60293 303 333 9810 RHONE 4 303 333 9766 FAX WWW. FO STERG RAHAM . C ❑ M Mr. Bruce Barker July 15, 2008 Page 2 At this time, in addition to confirmation mation of the foregoing, we object to any and all "new" evidence in these proceedings in the form of the affidavits and other evidence offered by United Power in support of its "Amended Complaint" that was not part of the original application and/or the original record of the proceedings before the Planning Commission on January 15, 2008. The impropriety of exercise of jurisdiction by the BOCC and the standard of review established for this "appeal" once again reveals serious issues with this entire process. Without these subpoenas, Centex and the Liberty Ranch Homeowners' Association have an express right with no remedy or enforcement mechanism. As such, we arc left with no ability whatsoever to confirm or test the veracity of statements made in the affidavits offered by United Power. The allowance of "new evidence" not originally heard before the Planning Commission also affords United Power the opportunity to fill "gaps" in its original application by submitting evidence of negotiations that occurred after the filing of its September 11 „ 2007 original application. United Power had the burden of proof to establish that all criteria for approval of this development had been met at the time of its original application. The Planning Commission found that they had not and denied the original application. The "Amended Complaint" and the proposed "new evidence" (which now cannot be billy tested) essentially creates an entirely new application that has never been reviewed by the Planning Department or heard by the Planning Commission as required by the Code. As a result, the veracity of the "new evidence" has never been tested at that level either. Instead, United Power is getting a new hearing, on a new application, with "new evidence," unchallenged, long getting after the final determination of the Planning Commission was issued on January 15, 2008. and without being held to the specific criteria and burdens of proof set forth in the Code. We are preparing a I-Tearing Brief addressing these matters in greater detail. Sincerely, FOSTER, GRAHAM, MILSTEIN, MILLER CALISHER, LLP 3 3 i David Wm. Foster al C° 4 /5 ',ww`q J. F • T; °1� )- 4..,e4:17.‘`J>"E}}a ° )'s ? "E q\�'t �.Y. o • 'k' -;t-:.: . ,h; .i ` .. ` 3?y ' >Zr" - e ..V'%1' � - 't . : x�,3`",L ,..\l' .k. : .$:A :¢,g'-t >i°` r \- • ��,' i ''tp' ':Y` • '.Sd" > �. 'o.t. • ::5 sn>y 44 :s?t ." .2d if , .�, o s'� �iR �.•,.;:n ) " ₹� ,•:. i6 Y�,a>1.7R � \ ) ', < a• ,< ' k..- qjailQk,s ,:•<:: U�Z 1117 e Q `\`> we .. L A ' • R SAL \> ')Q ZC'\W% b �if:'S ..> `:.a,.< , y • s a 4` : "g 1>' P F .,nc : '..:Ba k t: :C'x IIII Fbf;3 < x ^ . c . -r<` r '''''1- ^•n.4 'q<>C`' ` r'F'E; ` .. � yr °Xi .' b.-' ... y. R • o< � t :.. �. .: � �,m.. dr ?M OE 7 1 , s;.. .. ;.\�\\,;A�'"'q. � Wit.^�� ,.til. ,„ \ �a .:$$...,. information for rite r en?bers of United Power, fati: ._�� .?. P Important Dates United Power to Retire $1 Million November 22-23, 2007 in Capital Credits in 2007 Thanksgiving Holiday � United Power Offices Closed Most Customers to Receive a Disbursement December 5, 2007 United Power's Board of Directors decided in October to retire $1 million in capital Pictures with Santa credits to our members. The retirement will be made mid-December, and nearly United Power---Brighton Office all of United Power's customers will either receive a check or a credit on their 5-7 p.m. bill, depending on the Details on Page 5 amount of their capital - . . AD- credit disbursement. fir. February 1, 2008 "This capital credit to A Application Deadline for all disbursement is an I rrb*„li C ate:>z'fuv,'' ^ r Details on Page 2 Scholarships & Youth Trips important part of being a cooperative," stated Ruth Marks, Chief Operating Officer. a ':,' <-4,4-m• • � . , 1 ..4 ' a "Members have a real General information about this distribution is available online at r T<.+.r„,,, ..x- ', h= .., , .>,-,:` 1 <;�. .t� and vested interest in www.unitedpower.com or via a recorded message at 303-637-1375. If you ds ,.> ,w.y,->� " United Power, and this have been a United Power member for more than 12 months, and you is a tangible sign of our do not receive a check or credit by February 1, 2008, call our Customer Scholarships & Camps 2 Service department at 303-637-1300. commitment to each Free CFLs 3 customer. Our ability to make this million dollar retirement is a sign of our financial health, and viability as a utility." Space Heater Safety Santa Comes to Town 5 What are Capital Credits? ACRE Gives You a Voice 6 The rates you pay for electricity are determined by the cost of producing and Have a Green Holiday delivering power to your home or business. In an investor-owned utility like Xcel, any profits are returned to stockholders as dividends. Cooperatives like United Power are owned by their customers, so the profits, otherwise known as margins, are returned to our customers as capital credits. � Q Capital credits for each customer are carefully tracked each year based on the '•;.:. r.. . , �'�_` ... ., . amount of electricity they use. The annual amount is then "allocated" to the . member's account — which is essentially a running total of the value of their Your Touchstone Energy'Partner n ,. investment into the cooperative. While an amount is allocated each year, it doesn't 500 Cooperative Way guarantee that any money will be distributed. The board carefully considers the Brighton, Colorado 8060341. cooperative's financial condition, the planned growth in our territory, and other Main S www.unitedpower.com market conditions on an annual basis before deciding to retire capital credits. Main Switchboard 303-659-0551 Customer Service 303-637-1300 continued on page 3 411111 , : , : ,, . , ,, , t. , ,, ::: 2008 Youth Programs Applications for United Power's 2008 ,� � Scholarships and 2008 Youth Trips are , i . . in, now available for download at: .-- �j �1 www.united ower.com outh.as x. SA ItAA : ' : • IS P �Y P cc, -4 , View service history, 1/4........- • • choose from several payment options , and Summer 2008 Youth Leadership Trips get real -time payment confirmation with e-bill . High school students in United Power's service territory can apply to attend two different youth leadership opportunities. Both trips are www.unitedpower.com sponsored by United Power. On the Electric Cooperative Youth Tour, you will experience our nation's capitol with 1 ,500 other students from across the country. Apply for the Youth Leadership Camp and spend a week with other teens from Wyoming, Kansas, Oklahoma and Colorado in beautiful Steamboat Springs, Colorado. Each year, both trips receive rave reviews from those who attend. Electric Cooperative Cooperative Youth Youth Tour r" ,-nc Leadership Camp .-i." Washington, D.C. Steamboat Springs, Colorado 11111 vc June 12-19, 2008 0• ,,.a, July 13-18, 2008 Applications are available online at www.unitedpower.com/youth.aspx. Only one application submission is needed to apply for both trips. ¢g y;a2 it :: : w: °_.��• .. :;..% $8,500 in Scholarships Available Make the Switch to CFLs United Power is offering $8,500 in scholarship Switch to energy efficient compact support to students in our service territory. The . .. �`- . r1(f fluorescent light bulbs. They use 75 following scholarships are available: • $1,000 Basin Electric Power Cooperative percent less energy than standard Scholarship—one scholarship available. -. :; light bulbs, and they can last 10 times as long. If you replace just • $1,000 United Power College Scholarship-- •1/4........." two scholarships available. 25 percent of your lights in high use areas with CFLs, you can save * $500 Tri-State G&T Association Scholarship two scholarships available. about 50 percent off the lighting portion of your energy bill. • $500 United Power Book Scholarship—seven scholarships available. • $500 United Power Non-Traditional Student Award—two scholarships J available. Applications are available online at www.unitedpower.com/youth.aspx. IliOnly one application submission is needed to apply for all scholarships. J Page 2 IIID Capital Credits to be Retired continued from Page 1 When will l see my Capital Credit refund? %:; lC.W+»6.: i Nearly every customer who has been with United Power for at least one c- "."...,,,,,,N. ; ` ;. .141. 4:::'< ..:::i : ; . year will receive a share of the capital credit retirement—either as a check ,- z,.,, : t: or as a credit on your bill. . ,... . Your amount will vary based onyour length of service with United , `... g w►r v.unitedpower.com Power, and the amount of power you use. Any customer that receives a distribution of $5 or more will receive a check in the mail by the end of More information about Capital December. Customers whose Credits and this $1 Million Are capital credits considered distribution is less than $5 income? will see the amount as a credit retirement can be found online at Capital credits may be treated as income on on their bill in late November www.unitedpower.com. your annual tax return. You should consult your or December. The credit will tax advisor to determine how this payment will be clearly delineated in blue affect your taxes. on those bill statements. This distribution represents Moving out of the service area? your investment in the Capital credits are paid to customers who cooperative. As an owner you had service with United Power but may have have an active voice in the moved out of our territory. If you move out of operation of our cooperative— our service territory, please keep us informed you can attend our annual 11111 of your new address so we are able to contact meeting, vote on directors you regarding future capital credit refunds. to represent your interest To report your new address for capital credit or even run for a director's purposes, please call our Customer Service seat, or join the Consumer Department at 303-637-1300. < :.a;-4' ' `"" °_; : Resource Committee . Sharing •. ;, .:q ": !? ::: . _. Cf s��y� in the financial health of ' °:'4 " y k�■.pyp,�• r .V tik .y rYe..V:J Jirc. .` �.S� :'( .C • w N`,�� ^ a . .Sit>EY c <A]fs.' •!.S What happens to capital credits the cooperative is just one ""' for a deceased person? more way we show that you if you receive a check for a person who is are a valued member of our . Put It To Sleep deceased, contact our office at 303-659-0551 cooperative family. Computer screensavers don't reduce to have the capital credits paid to the estate energy use. Instead activate "sleep" of the named member. features on computers and office equipment that power down when Free CFLs Still Available the equipment is not in use for a United Power's compact fluorescent lightbulb (CFL) - N •- while. giveaway promotion, which has distributed g Yi • nearly 15,000 bulbs, will continue until ... .=-:� . I nN the end of the year, or while supplies last. . 4 Customers can still take advantage of the • energy savings by visiting any of our offices 44 0. " ) 4 ° to pick up one free CFL and purchase up to ., . four additional bulbs for just $1 each. This $4 . investment could save you over $215 in energy costs over the life of the 111) bulbs. Coupons for this promotion were mailed in August If you no longer have your coupon, but would like to participate,please show a copy of your most recent United Power bill to redeem your tree CFL and make additional purchases. Limit one coupon per customer number. I Page 3 :e. . ,. , ,₹,tia' .. : $ .�'. Burning Candles Safely .t .x> �4 by+..yyi„s<a��Qot�Qr°.Li.:w:'.ea. v.. t.: ^> > :.� ..�\`e.:� s. III conTED Candles provide a delightful source of PI ' light and fragrance, especially during 1 . .‘s'.:`: ` S it % the holidays. However, they can also ♦ T .... Ell ".-4 I c lead to injury or even death if not used .: A r properly. , a' Use your Co-op Connections Card for ::: . pharmacy discounts and savings at Below are some tips for keeping hundreds of retailers. you and your family safe when using candles: Click on the Co-op Connections card • Extinguish all candle flames when leaving the room or going to sleep. at www.unitedpower.com • Keep candles at least one foot away from things that can catch fire, like for more information. clothing, books and curtains. • Use candle holders that are sturdy, won't turn over easily and are made of material that cannot burn. In addition, the candle holder should be large enough to collect dripping wax. • Keep candle wicks trimmed to one-quarter inch and extinguish taper and Touchstone Energy® pillar candles when they get to within two inches of the holder. Votives Cooperatives should be extinguished before the last half-inch of wax starts to melt. The power of human connections • Do not move or carry lit candles. • The National Fire Protection Agency discourages the use of candles in h : a « ..:r.:777..,-77.T.77.77 ,. .R � K vr.•e V "°� ,.. . t •J,.i,� `°i Mµ. i i ' bedrooms and sleeping areas. ail November Reader Rewards ; Safe Space Heating Space 1st Place: $150 Home Depot Card I As the leaves change to their Heating 2nd Place: Two winners will beautiful autumn hues and the Sticker receive $50 Home Depot Cards. weather gets colder, keep in mind Shock the following electrical safety tips if you will be using a space heater . :: to keep warm: Many customers -„ Name: run small space lb • Make sure space heaters heaters to save are in good repair and certified by on their heating bills and Address: an independent testing lab such as then are surprised to see the Underwriters Laboratories (UL). Also increase in their electric bills. check that power cords are not frayed, Here is what one 1500 Watt Phone: cracked or cut. electric space heater can add to your monthly electric bill: • Do not use an extension cord to power clip & United Power-Reader Rewards a space heater. Plug directly into the 2 hours/day mail to: PO Box 929 ` electrical outlet. Brighton, CO 80601 $8.55/month • Keep space heaters at least three feet away from flammable materials such 5 hours/day as curtains, draperies, loose paper and $21 .38/month By submitting this entry I agree to allow upholstery. United Power to publish my name in subsequent issues of United Newsline • Keep space heaters out of reach from 24 hours/day if 1 am selected as a winner. $102.60/month small children and pets. 411P •Rewards Winners Listed on Page 8 • Never use heaters as drying racks. Page 4 • Space heaters should have an automatic shut-off in the event they tip over. Employees Raise Funds to Feed Families IllAt the end of September, United Power Recipes held its annual employee auction and sip .t raised nearly $9,000 for the cooperative's w - Classic Beef Stew 1<� f ; . 2 Tbs. vegetable oil Holiday Helpers program. I "'" • 2 lbs. lean beef, cut into 1 1/2 inch cubes Startin in Jul the United Power imr 2 Tbs. all-purpose flour g y' .:` • ' 1 inch salt Employee Association puts out the call for .:.:. . o,. , 4, 1 pinch black pepper donated items which results in a bounty ,:%<,i '. 1 anion, diced of used household goods, homemade ' -`lir bay s__.. k ° >�... 1 leaf•goodies, and even tickets for sporting y ' : �`4- ',;,,., , 1 (8 oz.) can tomato sauce events from employees, board members 2 potatoes, peeled, cut into chunks and our associates. These treasures all Volunteer Auctioneer Rollie Jones 4 carrots, cut into large chunks keeps the crowd out bidding each 3 stalks celery, thickly sliced make their way to either the live or silent other as several items are bought and auction block where United's generous then donated back to be auctioned Heat the oil in a large pot over employees and board members out bid again through the live auction. medium heat. Place the meat in a each other to give to a great cause. tr4 .x. , , bowl, sprinkle with flour, and toss to `y't coat. Transfer meat to pot, season *' ' �. with salt and pepper, and brown The funds raised through the auction 1 r . p pp rt meat on all sides. Fill the pot with are used each year by the Employee :x.,. y�`� 6�. rW _- P • enough water to cover the meat, and Association to provide meals to needy : 2 .. w,; families within our service _ . , mix in onion, bay leaf, and tomato territory _ ,,l ,r ''" sauce. Bring to a boil, reduce heat during the holiday season. A large . . ' ::: A , to low, cover, and simmer for an turnout of employees and their families . ; ; ; hour or until the meat is tender. Stir . x3 gather each year to package and deliver : 4 , ,, . '. �': , ,� rse carrots in the potatoes, and celery. •t::;tom, . r ••• Continue cooking over low heat for 45 11. the meals to needy families throughout o t.=oat:"� °4 our service territory. The entire program minutes, until vegetables are tender. Remove bay leaf before serving. is a testament of the generosity and Employees checked in periodically through the day on the silent auction connection to the local community that items that they hoped to win. Creamy Hot Cocoa United Power's employees all share. 1/3 cup unsweetened cocoa powder 1/2 cup white sugar 1 pinch salt Santa is Coming to Your Cooperative 1/3 cup boiling water 31/2 cups milk Hey Kids ! Mark your calendars. Santa will be at 3/4 tsp. vanilla extract United Power's Brighton office on Wednesday, 1/2 cup half-and-half cream • December 5thfrom 5 to 7 p.m. If you've been good, ..,..;:.•:•. :. ... . • he'll take your gift requests and then the two of you Combine the cocoa, sugar and pinch _.' of salt in a saucepan. Blend in the =ict ::.,a,; , .: ,i ,::; . :•r can smile for a photo keepsake that mom and dad boiling water. Bring this mixture to .:Y, , h,3`... 'i :.' ';� : ": .' can mail to Grandma or hang on the refrigerator.;sy'. " `'";'�, . `�;'.. . � �'.�`' : . `�=: g an easy boil while you stir. Simmer .. '=::,' . ,` ..' F.::: "'`` i= Bring canned goods, because you'll get a discount and stir for about 2 minutes. Watch :': '.,k3u..Y: "_.; l,. ..s:;. :: : ;::-/i.:::::i on your photo. All canned goods will be given to a that it doesn't scorch. Stir in milk and .f: :.. :. . :;4; ...: . .: local charity within our service territory. heat until very hot, but do not boil. "R"' Remove from heat and add vanilla. Divide between 4 mugs. Add the ' �` ° .. The 2007 Pictures with Santa Night is sponsored by ..: ='' :.: .. . , ,. ... .. . <. cream to the mugs of cocoa to cool it .. : < .... the United Power Employee Association. _ ' .1 �- :,i ; _'. _',.: > to drinking temperature. _ £:• ₹ 6 Recipes Wanted ti •: , . _-: •:_• ' : , a Earn a free gift if we publish your recipe! g' , United Power Recipes x mail: Po. Box 929 ■ Brighton, Co 80601 ' e-mail: UnitedNewstine@unitedpower,com I Page 5 III United Power Directors Earn Credentials Two directors from United Power i„ •.. were recently recognized for earning ' t certificates from the National Rural • ` A _ c ,„': Electric Cooperative Association A, (NRECA) for their continuing education ...: efforts. _ United Power Director David Dunnell > : c' earned a Credentialed Cooperative Director (CCD) certificate and a Board Leadership certificate; and Director Lew Foster earned a CCD certificate t• "S • • at NRECA's Region VII meeting in aW" ' " l :H''A e October. I. t4 Today's electric utility environment ;:`. ?. • ,. .� imposes new demands on consumer- iL .• t , a f owned electric utility directors. Board z directors need an increased knowledge Above: United Power Director of changes in the electric utility David Dunnell (center) receives his business, as well as new governances Credentialed Cooperative Director skills and a working knowledge of (CCD) certificate from Jack Wolfe cooperative principles. United Power's (left), president of NRECA and Glenn English (right), CEO of NRECA. board is committed to working with the III Colorado Rural Electric Association and Below: United Power Director Lew NRECA to add to their knowledge and Foster earns his CCD certificate and skills for the benefit of the membership. is recognized by Wolfe and English. :C • M : ACRE Gives Members a National Voice Support the representatives in Congress Insulate Your Ductwork who understand the important issues Your home's duct system carries facing rural electric cooperatives and ..... " electric cooperative consumers by the air from your furnace to each joining ACRE. The Action Committe ■ room. Stop wasting energy that is for Rural Electrification (ACRE) is ' lost through duct surfaces and save the federal Political Action Committee 20-30% on heating and cooling bills (PAC) of the National Rural Electric Cooperative Association (NRECA). with this easy 'sweat-equity' project. ACRE Co-op Owners for Political Action gives you, the consumer-owner, Instructions on how you can insulate the opportunity to raise your voice on behalf of your cooperative. State and federal government officials make policy decisions that affect your local your ductwork are on our website cooperative and your way of life. www.0 n itedpowe r.com. ACRE was formed in 1966 by NRECA and its network of nearly 1 ,000 2 consumer-owned, not-for-profit electric cooperatives to support political candidates who speak for and protect the interests of electric cooperatives and their consumers—regardless of political party affiliation. 111 Memberships begin at just $25 per year. If you're interested in learning more about the program, or you would like to join, contact United Power's External Affairs Department at 303-659-0551 or visit our website www.unitedpower.com/participate.aspx. I Page 6 el Keep Cold Air Outside this Winter Don't let your hard-earned money blow away through drafty doors and windows, as well as un-insulated attics, walls, floors, and basements. As we stay indoors to stay warm this winter, save your money and reduce your utility bills by following these energy efficiency tips: .4. • Find air leaks inside and around the a ' 3 Online Tool exterior of the home. Check around fixtures that penetrate walls, such as Helps Calculate exhaust fans and electrical outlets. • ' Look for unfilled gaps and cracks near . , ` Energy Savings dryer vents, chimneys and faucet V $' t pipes. , ;.. Enter in the number of CFLs (... . .. • you have in your home and • Seal leaks between moving pans a°« fi -.. '.. it will calculate how much with weather stripping, such as between a door and its frame. Caulk cracks you'll save this year a n d between windows and walls, as well as around door frames. the total amount you'll save • Replace your screens with storm windows and doors. over the life of the bulbs. • Make sure attics and flooring above unheated areas, such as crawl spaces www.unitedpower.com and the garage, are properly insulated. Don't overlook your ductwork either. Insulating exposed ducts can save you 20-30% on heating and cooling costs. • Have your furnace checked by a professional to make sure it's operating safely and at its optimal level. In addition, change your furnace filters monthly. • Install a programmable thermostat to automatically raise and lower home 4111 temperatures for energy savings by day and night. Environmentally Friendly Holiday Gift Giving "; ''.'' €ter . . ;8.te.,N ; Each holiday season, Americans throw away 25 1+ t� .: _ • ' $ ; percent more trash than any other time durin the :-' ":r`1 year. Just the 2.65 billion holiday cards sold each 7 , year in the U.S. could fill a football field 10 stories Microwaves Are Your Friends 3a- - _ ..,/ high. When browsing for presents this year, look for 1 Microwaves only use half the energy �' ,, sz", <'• t *a gifts that will save you energy, as well as help the environment. Here are a few ideas: and heat food in one-quarter of the • Send electronic holiday greetings. Save stamps and paper by sending your time of a conventional oven. Unlike holiday wishes via e-mail. microwaves, conventional ovens • Buy products from companies that support the environment. Look for gifts that heat up a kitchen, and as a result, are made of natural components, such as grown cotton or hemp, especially for make refrigerators and other cooling items such as clothing, bedding, and towels. systems work harder. • Give gifts that encourage environmental stewardship like reusable grocery bags, `energy efficient lighting, or tickets for family activities. - • Look for products that are recyclable or have been made with recycled content. • Buy products with minimal or no packaging. • Purchase electronics that have the ENERGY STAR label on them to ensure they 1110 are energy efficient. • Use wrapping paper made from recycled paper or be creative and use old posters, newspaper, or fabric. Gift bags can be easily reused so save them for wrapping gifts in next year. I Page 7 r x.YY*(�♦ i.• E,t.X' = r� This Issue is Full of Mone l .: : : . , • 1 UNITED:. . :: . Co-op Connections $1 Million in Capital Credits Your Touchstone Energy°Partner . ' Helps You Save Given Back to Members Board Members Susan Petrocco. President All the local discount offers It pays to be a cooperative member. Nearly all Richard McLean, Vice-President Jim Jaeger. Secretary/Treasurer and more information on how customers will receive a capital credit refund in Richard Newman,Asst. Secretary/Treasurer Donald Cummins Lewis Foster to save when your show your December. Find out when to expect your check or David Dunne° Ray Kilgore card are inside. bill credit. Dale Erickson Lois Lesser Douglas Pryce Chief ExecutiveeOfficer Robert Broderick Scholarship & Youth Camp Get Your Free CFL Chief Operations Officer Applications Available Ruth Marks pp Let United Power help you save Director of External Affairs _ United Power will award $8,500 money by picking up your free bulb. Tray Whitmore ° . "-4f in scholarship support and You can also purchase up to four ,L . � Editors4.11 1'w sponsor trips for six students in additional bulbs for just $4 and Heidi Storz Laurel Eller - our service territory. Don't let your highschool save $215. @2007 United Power.Inc. J student miss this opportunity. Congratulations September Reader Rewards Winners! Disa Gibbens, Keenesburg Bruce Janetzke, Brighton & Laura Kinion, Ft. Lupton Ill .13!N ,1S £Minn oloyd 8 Jai aaijo uoltgOiJ9 mo 04 spi i anoA 6uu8 woo•J aMod patiu poa msMoN papu p 1M01. 04 6u ! Cuoa s! ejueS , luew aurfsMaNpa run all y;iM loegpaaj wogs 1g suo!jsanb Ist 00£l-LE9-EO£ aa1NeS Jewotsna 1550-699-£0E PJeogynniMS uieW woo.ieModpavutt'MMM £0908 opeJoIoa 'umt!6pg item aAi}eJedoaa Q09 99Z '0N Wined 09 isumcold wonannodpatiun•wnM 11Vd 10908 OD juo1y6u9 '616 X09 'O'd 39VISOd 'S'F1 - , 11, O.LS ldndd '.. z_:: ,: .. : :::.:• CialAINCI Page 1 of 1 Ja-g Ord P dy, Linda Fr m: Purdy, Linda Sent: Tuesday, June 10, 2008 2:37 PM To: Dean Hubbuck Subject: Follow up to Yesterday's Phone Call -li Dean! just wanted to say thank you for yesterday's phone conversation. I appreciate your candor in admitting hat with a facility of this nature, there are just some things that cannot be mitigated - especially due to he vertical elements of the proposed facility. Despite our unsuccessful efforts to reach a satisfactory neans of mitigating the visual impacts of the facility, your effort is much appreciated. am assuming that the application being presented to the BOCC by United Power reflects the site plan hat was revised pursuant to our pre-Planning Commission hearing, including some minor grading ;hanges, berming and placement of the facility approximately 100' to the south of its originally proposed ovation. Please let me know if my assumption is not accurate. thanks again Dean, _inda M. Purdy Di n Land Manager 30 . 05 . 5219 office 303 . 792. 9811 fax lmpurdy@centexhomes .com Denver Division 10333 East Dry Creek Road , Suite 300 I Englewood , CO 80112 )RIVILEGED AND CONFIDENTIAL he information contained in this electronically transmitted message and any file attachments is privileged and confidential Ind is intended only for the use of the addressee(s). If the reader of this message is not the addressee, or the person esponsible for delivery to the addressee, you are hereby notified that any dissemination, distribution or copying of this liessage, and any file attachments is strictly prohibited. If you have received this message in error, please notify the sender �y replying via electronic mail and delete the message and any file attachments from your computer. Thank you. S Nancy I. Slater 13433 CR 7 Longmont, Colorado 80504 July 15, 2008 Board of County Commissioners Weld County I am part owner of the property located at 13433 CR 7 in Weld County, and am a trustee of the A. Dale Slater Trust B which is the other owner of the property. My late husband and I purchased this property in 1961 and I continue to live on the property. I have been a long time resident of Weld County. With the growth in our area, I recognize that United Power must build a substation along the existing transmission line to meet the growing need for electricity. I have decided that I want to sell United Power a parcel in the upper northwest corner of my property for the substation. I ask that you approve the construction of the substation. Thank you. • Sincerely, jiaaatA • Nancy I. Sla r EXHIBIT {00580083 / 1 ) f ' f) t CASI #`/4V . 4 • ? • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Case Number: USR-1629 Appeal Pursuant to § 2-4-10 of denial of Site Specific Development Plan and Use by Special Review Applicant: A. DALE SLATER TRUST B (UNITED POWER) AFFIDAVIT OF MYRA JANE SILENGO STATE OF COLORADO ) )ss: COUNTY OF WELD ) S 1. My name is Myra Jane Silengo. I swear under penalty of perjury that the following is true to the best of my knowledge. 2. I live at 2498 Highway 66, which is located diagonally to the northwest of the proposed United Power Substation. From my residence, I can see the proposed site. 3. I am aware that United Power, Inc. is pursuing development of a substation site at the Northwest corner of the property on which Nancy Slater resides in Weld County at 13433 CR 7, Longmont, Colorado 80504 ("Slater Property"). That property is located North of Weld County Road 28, and between Weld County Road 5.5 and Weld County Road 7. 4. I am supportive of and encourage use by United Power, Inc. of the Northwest corner of the Slater Property for the construction and operation of an electrical substation. I believe the substation is necessary to support the growing development in the surrounding area and the demand for electrical power that continues to increase in that area. EXHIBIT NW (00555790 / 11 ♦ a i i • 5. Affiant further sayeth not. cA9 Myra�ile t SUBSCRIBED AND SWORN to before me on this 7 n1 day of /Ili v , 2008, by Myra Jane Silengo. My commission expires: 1 �'" / ) SEAL JASON S. MAXEY Notary Public . . State of Colorado I Notary Public • • {00555790 / 1 } - 2 - A • w • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Case Number: USR- 1629 Appeal Pursuant to § 2-4- 10 of denial of Site Specific Development Plan and Use by Special Review Applicant: A. DALE SLATER TRUST B (UNITED POWER) AFFIDAVIT OF ERNEST M. KITELEY STATE OF COLORADO ) )ss: � COUNTY OF WELD ) c4ues r 1 . My name is Earnest M. Kiteley. I swear under penalty of perjury that the following is true to the best of my knowledge. 2. I am the general partner of Kiteley Farms, LLLP, which is the limited liability limited partnership that owns certain real property in Weld County, Colorado known as Kiteley Farms (the "Kiteley Farms Property"). The Kiteley Farms Property is located East of Weld County Road 7 and South of State Highway 66, and is comprised of the Northwest quarter of Section 27, except for the Southeast portion thereof which is occupied by a lake and except for the private residence located in the far Southwest corner thereof. 3. I am aware that United Power, Inc. is attempting to construct an electrical substation West of Interstate 25 and in the general area of the Kiteley Farms Property. While we have had friendly discussion with United Power, Inc. about locating the substation on the Kiteley Farms Property, we have spent the past four (4) years working with a developer to develop our entire parcel. Kiteley Farms LLLP (along with the developer) is currently in the process of platting the Kiteley Farms Property for development. As such, the development and platting process is too far along to start over by separating out a portion of the Kiteley Farms Property for sale to and use by United Power, Inc. for its substation. 4. I am aware that United Power, Inc. is pursuing development of a substation site at the Northwest corner of the property on which Nancy Slater resides in Weld County at 13433 CR 7, Longmont, Colorado 80504 ("Slater Property"). That property is located North of Weld County Road 28, and between Weld County Road 5.5 and Weld County Road 7. • (00555790 / 1 } Do • 5. I am supportive of and encourage use by United Power, Inc. of the Northwest corner of the Slater Property for the construction and operation of an electrical substation. I believe the substation is necessary to support the growing development in the surrounding area and the demand for electrical power that continues to increase in that area. 6. Affiant further sayeth not. As4.---Ca -4-14 5. Earnest M. Kiteley tl:j c'r . Es i- SUBSCRIBED AND SWORN to before me on this 2 day of Af-4i 2008, by Earnest M. Kiteley, individually and as the general partner of Kiteley Farms LLLP. j5/0 Egger My commission expires: / / - 1 f SEAL I JASON S. MAXEY .-�. Notary Public• State of Colorado Notary Public • {00555790 / 1 } - 2 - rt I • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Case Number: USR-1629 Appeal Pursuant to § 2-4-10 of denial of Site Specific Development Plan and Use by Special Review Applicant: A. DALE SLATER TRUST B (UNITED POWER) AFFIDAVIT OF: Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest Heritage Inn of Deptford, Inc., a North Dakota corporation STATE OF COLORADO ) )ss: COUNTY OF katpano.e ) 1 . My name is (See signature page). I swear under penalty of perjury that the • following is true to the best of my knowledge. 2. I am the owner of that real property in Weld County, Colorado, which is located West of Interstate 25 between Weld County Road 26 and Weld County Road ti/A and is known as the Waterfront Property ("Waterfront Property"). 3. I am aware that United Power, Inc. is attempting to construct an electrical substation West of Interstate 25 and in the general area of the Waterfront Property. We engaged in initial discussions with United Power, Inc. to locate the substation on the Waterfront Property and were supportive of the substation being located on the Waterfront Property. We identified a potential substation location in the only remaining portion of the Waterfront Property that is not in the process of being developed; however, the Colorado Department of Transportation then acquired that portion of the Waterfront Property by eminent domain. As such, there is no remaining site within the Waterfront Property for the substation to be located. 4. I am aware that United Power, Inc. is pursuing development of a substation site on the property on which Nancy Slater resides in Weld County at 13433 CR 7, Longmont, Colorado 80504 ("Slater Property"). That property is located North of Weld County Road 28, and between Weld County Road 5.5 and Weld County Road 7. 5. I am supportive of and encourage use by United Power, Inc. of the Slater Property • for the construction and operation of an electrical substation. I believe the substation is necessary to support the growing development in the surrounding area and the demand for electrical ower pp p e that continues to increase in that area. EXHIBi.r. 100553962 / 1 } 1 use. • a 6. Affiant further sayeth not. Signed: Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest Heritage Inn of Deptford, Inc., a North Dakota corporation By: arwin Horan By Darwin Horan in his individual capacity and as Manager of HF Holdings, LLC, a Colorado limited liability company, Attorney-in-Fact to Gary Tharaldson, President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest Heritage Inn of Deptford, Inc. a North Dakota corporation. • st SUBSCRIBED AND SWORN to before me on this / _ day of gi ay 2008, by Darwin 1-\oracl , as IJIc<n9er of RF l}olding5 , LLC. • My commission expires: November g &OQq SEALN Oa eciarA-- Notary PuVic • • • t 1 •• • I j S • r • ! • • / cP "• A s I4/.. LNCJASe OF Coto My CommS onExpires 11/28/2039 {005539621 1 } - 2 - • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Case Number: USR- 1629 Appeal Pursuant to § 2-4-10 of denial of Site Specific Development Plan and Use by Special Review Applicant: A. DALE SLATER TRUST B (UNIFED POWER) AFFIDAVIT OF JERRY HERGENREDER STATE OF COLORADO ) )ss: COUNTY OF WELD ) • 1 . My name is Jerry Hergenreder. I swear under penalty of perjury that the following is true to the best of my knowledge. 2. I live at 13332 WCR 5, which is adjacent and west of the proposed United Power Substation. From my residence, I can see the proposed site. 3. I am aware that United Power, Inc. is pursuing development of a substation site at the Northwest corner of the property on which Nancy Slater resides in Weld County at 13433 CR 7, Longmont, Colorado 80504 ("Slater Property"). That property is located North of Weld County Road 28, and between Weld County Road 5.5 and Weld County Road 7. 4. I am supportive of and encourage use by United Power, Inc. of the Northwest corner of the Slater Property for the construction and operation of an electrical substation. I believe the substation is necessary to support the growing development in the surrounding area and the demand for electrical power that continues to increase in that area. EXHIBIT (00555790/ 1 ) 67 ay. 2 . . 0 5. Affiant further sayeth not. I/ ! Iergenr er SUBSCRIBED AND SWORN to before me on this ?nt day of fi.41 2008, by Jerry Hergenreder. My commission expires: I 1 O 11 SEAL JASON S. MAXEY ,) ...-- c -‘ Notary Public ___ State of Colorado / Notary Public • • {00555790 / 11 - 2 - Hello