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HomeMy WebLinkAbout20062679.tiff • 441 MEMORANDUM WIIDCTO: Board of County Commissioners September 5, 2006 FROM: Jacqueline Hatch COLORADO SUBJECT: PZ-1103 (Liberty PUD) Liberty Properties LLC The applicant for PZ-1103, Liberty Properties LLC c/o Kenneth and Connie Williamson had two items to be completed prior to scheduling the Board of County Commissioners hearing, they are as follows; 1.A — The applicant shall provide written evidence to the Department of Planning Services that a total of 133 taps are available from the Little Thompson Water District(131 residential taps, 1 commercial tap and 1 additional tap for irrigation) and evidence of any non-potable water source and delivery for irrigation for proposed open space. (Department of Planning Services) The applicant has submitted the attached Main Line Water Extension Agreement and a letter from the Little Thompson Water District regarding a water service commitment for up to 186 residential lots and 5.2 acres of commercial development. 1.B — The applicant shall submit to the Department of Public Works written evidence showing coordination efforts with the Town of Mead regarding the typical cross section for County Road 32. Written evidence from the Department of Public Works shall be provided to the Department of Planning Services. (Department of Public Works) The applicant has submitted evidence that they have adequately addressed the concerns of the Public Works Department. An email from Jesse Hein dated September 1, 2006 confirms this. Thank you EXHIBIT I e t2S tl 3 2006-2679 Page 1 of 1 Jacqueline Hatch From: Tiffane Johnson [johnsont@landmarkltd.com] Sent: Thursday, August 31, 2006 9:44 AM To: Jacqueline Hatch Subject: Liberty PUD Good Morning Jacquline, As I am sure you are aware, Ted Drysdale and Ken Williamson are more than anxious to get Liberty through the process. They are requesting to be put on the October BOCC agenda. We have been working toward the two conditions of approval at PC and there seems to be some confusion on and interpretation differences. Our first condition was related to providing written evidence to the Department of Planning Services that a total of 134 taps are available from LTWD. I spoke with Mike Cook and he indicated that the Commitment Letter he provided and signed on October 27 is written evidence for the 134 taps. In fact, the letter states LTWD will provide a water service commitment for up to 186 lots which greatly exceeds what we are now requesting. In addition, we discussed the Main Line Water Extension Agreement and he said that he would have the new agreement signed on September 7, 06 This must be signed by the Board and this is the earliest it can completed. A copy of both the signed and revised copy are attached. The second condition is related to showing coordination efforts with the Town of mead regarding the typical cross section of County Road 32. We have been coordinating with Sand Miller, Engineer for the town of Mead have revised our drawings to meet her standards and have forwarded emails from Sandy to Public Works however, it appears that Jesse has a different understanding of what"showing coordination efforts" implies. He appears to be looking for a formal review and comment and that is not what the condition prior to scheduling the Board means. Our understanding is that we need to be working together and we feel that we have provided that, it seems he is looking for much more than that. Can you shed any light on this for me? Attached are the documents we feel meet our conditions for getting our BOCC hearing scheduled. Can you let me know what your position is? Thank you for your help. Tiffane T.Johnson, PCanner Landmark Engineering Ltd. W. Eisenhower Blvd. Loveland, CO 80537 johnsont@landmarkltd.com 8/31/2006 Main Line Water Extension Agreement This Agreement,made and entered into this 7 day of September ,2006 by and between ALE THOMPSON WATER DISTRICT,hereinafter called the"District"and Liberty Properties LLLP hereinafter called"Customer", is upon the following terms and conditions,to-wit: I. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established,or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the"property"described in this Agreement. 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is detcrmined that the deposit is insufficient to cover the estimated cost of construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of all liens and encumbrances,and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities. The District, upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees,on the date of installation of a tap and water is available for use at the tap. 5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to he served by the District. If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct, operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the Customer shall forfeit all money or rights theretofore transferred to the District. 9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines, cut streets,alleys and easements to final grade and prior to the paving of streets, and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps . ... herein described. 12. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit herein provided for the amount of its expense and return the balance of such deposit, if any, to the Customer. Customer agrees to pay all expense incurred by the District in excess of such deposit. LTWD Form 210 (Revised May 1986) Page 1 of 2 13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described, the Customer agrees to sell to the District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District,but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property, and each tap shall ,..—' not exceed' inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war,riot, insurrection,Act of God,or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend,modify, alter or waive any provisions of this Agreement. Any promises, agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates,tolls, penalties, or charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens. §32-1-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages, loss of revenue,attorney fees,court costs,expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person. ,.-.- IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written. TTA�E'TH/O//�}M�PSS/�O/,N WAT R DISTRICT ��clef /� CUJ+OOMER BY ��'K�i'GVLVL . . By: .�(z/ [Nf.G .¢8L EAAla Mai ing Address: _Liberty Properties LLLP,4068 Camelot Circle 4 Ratified by LTWD Board of Directors on: Longmont,Colorado 80504 r,r aN -3 2O(2 Telephone: 970-535-6074 L) Real Estate Description for Agreement("Property"): Northwest Quarter,Section 21,Township 3 North,Range 68 West,6`h P.M. 2.) Amount of Deposit: $ Not Applicable 3.) Date Customer needs facilities: Not Determined at this time. 4.) Number of Northern Colorado Water Conservancy District units transferred to District: Not Determined at this time. 5.) Price per unit of Northern Colorado Water Conservancy District water: N/A 6.) Tap Size: 5/8 x''/ inches. 7.) Number of taps to be installed: 134 . ^ 8.) Plat Provided? Yes X No. (Preliminary Plat Currently Being Developed) 9.) Number of new fire hydrants: 22 10.) Fee for hydrants: $ 2,000 Each . LTWD Form 210 (Revised May 1986) Page 2 of 2 LITTLE THOMPSON WATER DISTRICT DIRECTORS Robert Ho Telephone(970)532-2096 ..-•. man Prndem October 27, 200 Dean Anderson Keith C�oaquiv 13S L.Highway$6 Richard Mxombn. Berthoud,CO WS Dave Lorene Carey 1.Sahxmmon »»r.!rwd.orY Men Saner MANAGER: (based Fl H.Wholes * Reid W. Bond Landmark Engineering Ltd. OCT 2 9 2005 3521 West Eisenhower Blvd Loveland, CO 80537 Dear Reid: This letter is in response to your request for a water service commitment for up to 186 residential lots and 5,2 acres of commercial development, in the location described as follows: PORTIONS OF SW %,SEC.21,T3N, R68W-- WELD COUNTY, CO Liberty P.U.D. The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District i r+. established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however • this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 12" diameter water line located along WCR 32 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. Little Thompson Water District requires you to transfer 1.4 shares of Colorado Big Thompson water or other waters acceptable to Little Thompson Water District for each lot in the commitment and then to pay for the rest of the tap fee as the water lines are put in service. You then have the taps to sell with the lots at the price that you set. 3. If a tire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. 4. In order to provide service to the subdivision you will be required to install a minimum 12" Diameter water line along WCR 32 from the 12" line at the entrance to Single Tree subdivision West to WCR 7 and through your subdivision. Fire flows above 2,000 GPM may require additional looping. A small piece of 8" line will also need to be upgraded just East of 1-25 out of our existing PRV vault. 5. You will be required to provide the needed water lines in the proposed subdivision. The lines will need to connect to the 12" line along WCR 32 and loop through the subdivision. 6. The design, installation and total cost of the project will be the responsibility of the developer. 7. Other developers ( Range View Estates) in the area have requirements to provide upgrades to this same water line. You may want to contact with them to work together to build improvements that will serve both projects. This commitment letter will expire two years from the date of this letter if the taps have not been purchased. paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $25.165. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards, Michael T. Cook District Engineer Main Line Water Extension Agreement 00111.. Agreement,made and entered into this __ end ___ day of Febru4ry ,2UOo ._,by and between Li iTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and Liberr Properties LLLP hereinafter called"Customer",is upon the following terms and conditions,to-wit: I. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established,or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the"property"described in this Agreement. 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction. C, If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of all liens and encumbrances,and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in hill. All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities. The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer • and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees.on the date of installation of a tap and water is available for use at the tap. 5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. the Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct. operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the Customer shall forfeit all money or rights theretofore transferred to the District. 9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities,the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines,cut streets, alleys and easements to final grade and prior to the paving of streets, and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps herein described. i 2. in the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit herein provided for the amount of'its expense and return the balance of such deposit, if any. to the Customer. Customer agrees to pay all expense incurred by the District in excess of such deposit. _TWO Form 210 Revised May 1980 Page 1 of 2 13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described, the Customer agrees to sell to the District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District.but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14.. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall not exceed-116 inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules. regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property. or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not encumber,mortgage or collaterally assign the taps without the prior wrinen consent of the District thereto, in all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war,riot, insurrection,Act of God,or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend,modify,alter or waive any provisions of this Agreement. Any promises, agreements,or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees.rates,tolls,penalties, or charges for services, programs,or facilities furnished by the district constitute a perpetual lien on the property herein described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens §32-l'l001(tjj), C.R,S. 1973 (1981 Amendments). in the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the panics hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person. 1N WI TNESS WHEREOF,the parties hereto have set their signatures the day and year first above written. L THOMPSON WA D1S v C M,E0 Mailing Address: liberty Properties JJ.,LP.4068 CameL,ot Circle Ratified by LTWD Board of Directors on: Longmont.Colorado 80504 i7^4Z4y,e(f O > �p Telephone: 9^0-535-6074 1 1 Real Estate Description for Agreement("Property"): Northwest Quarter,Section 21,Township 3 North,Range 68 West,6th P.M. 2.) Amount of Deposit: $ Not Applicable 3.) Date Customer needs facilities: Not Detem th e 4.) Number of Northern Colorado Water Conservancy District units transferred to District: Not Determined at this ume 5.) Price per unit of Northern Colorado Water Conservancy District water: N/A 6.) Tap Size: 518x'.:inches. 7.) Number of taps to be installed: 130 3.1 Plat Provided? Yes X, No. (Preliminary Plat Currently Being Developed) 9.) Number of new fire hydrants: 22 111.1 Fee for hydrants: S 2.000 Each LTWD Form 210 tRrviced Mai 1986i Page 2 of 2 From: Reid Bond Sent: Tuesday, August 22, 2006 9:14 AM To: Sandee Miller(smiller@jrengineering.com) Subject: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Hi Sandee, As a result of Weld County Staff review of the proposed Liberty PUD Subdivision, the following requirement was placed on the Developer prior to scheduling a Board Of Commissioner's hearing for a change of zone application. "The applicant shall submit to the Department of Public Works written evidence showing coordination efforts with the Town of Mead regarding the typical cross section for County Road 32. Written evidence from the Department of Public Works shall be provided to the Department of Planning Services". The drawings submitted to the County for the Change of Zone review included a proposed cross section drawing for WCR 32. I have attached a PDF copy of the drawing that includes the proposed cross-section detail. For comparison purposes I have also included the Town of Mead's standard cross section for the Town's proposed Adams Avenue (WCR 32) improvements east of WCR 7 (MEAD vs. LIBERTY—WCR-XC's 8- 21-06.pdf). The differences between the two cross-sections include: 1. The absence of the 1 foot clear zone on the shoulders on the Liberty PUD cross-section. 2. The south shoulder is shown as being paved on the Liberty PUD cross- section. 3. The right-of way is being increased from 60' to 70' (the 10-foot addition is on the south side which is the Liberty Property). 4. The ultimate full ROW is shown as 80 feet instead of 60 feet on the Liberty PUD cross-section. 5. The pavement thickness and base course thickness is not shown on the Liberty PUD cross-section. In order for the Liberty PUD cross-section to more closely conform to the Town of Mead's typical cross-section, I have made modifications to the Liberty PUD cross-section and have included a PDF showing those changes (MEAD vs. LIBERTY—WCR-XC's MOD1 8-21-06.pdf). Modifications include the following: 1. The 1-foot clear zone has been added on the shoulders. I have not shown the pavement or aggregate base course thicknesses on the Liberty PUD cross-section at this time. We have performed soils borings in the roadway and it appears that approximately 4-inches of aggregate base course currently exist. We will be evaluating the pavement thickness design as it relates to proposed changes in the road profile. Some areas may be in a cut condition and designs will not be able to benefit from the existing aggregate base course. As a result the design thickness may be slightly different from the Town's typical cross-section. Prior to completion of the design, we will provide additional information for you review and comment. Please review the above PDF's and provide any comments regarding any issues I may have overlooked. Thanks, Reid Bond From: Miller, Sandee [mailto:SMiller@JREngineering.com] Sent: Wednesday, August 23, 2006 3:32 PM To: Reid Bond Cc: Brake, Michael Subject: RE: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Reid, Sorry I haven't gotten back to you. I have left a message for the Town Manager asking for direction on what I can provide for you right now. The road section will probably be fine with the modifications you've made, but I need to discuss with him. What's the status of the water line installation? The road construction has been delayed until next year, but we are still coordinating utility relocations and easements so that everything will be in place for construction to start around March or April. Sandee Hi Jesse, Per our telecom today, I am forwarding a copy of the e-mail I had sent to Sandee Miller, J.R. Engineering regarding WCR 32 road cross sections for the Town and Mead and for Liberty PUD Subdivision. Sandee is serving as the Town's Engineer and we have been working with her on the installation of a 12-inch water main in the Town's road right-of-way (east of WCR 7 on WCR 32) to serve the Liberty Subdivision. Please notice that PDF attachments were sent to Sandee for her review. The proposed cross- section for WCR 32 north of the Liberty Subdivision did not show a 1-foot clear space in addition to the 4' shoulder(the Town's cross section). I revised the Liberty cross-section to include the 1- foot clear space. Please review the attachments to see the changes. I trust this will meet the conditional requirement 1.B for Case Number PZ-1103. If it does, please forward this to Jacqueline Hatch in the Weld County Department of Planning Services. If it doesn't, please let me know. Thanks, Reid Bond, P.E. Page 1 of 1 Jacqueline Hatch From: Jesse Hein Sent: Friday, September 01, 2006 10:59 AM To: Jacqueline Hatch Cc: Reid Bond Subject: PZ-1103 Mead coordination efforts Jacqueline, Attached is a letter from Landmark Engineering showing all the coordination efforts with the Town of Mead. This letter shows significant efforts regarding coordination of WCR 32 have been made and that outstanding issues will be resolved. The attached letter is sufficient and satisfies Public Works concerns with conditional requirement 1.B. Please let me know if there are any further questions or concerns. Jesse Jesse Hein Weld County-Public Works Department 1111 -H Street Greeley,CO 80632 970.356.4000 x3750 jhein@co.weld.co.us 9/1/2006 { August 31,2006 c;,e:.,-s ero.,;•.tiaa r._::.:,..: so. ...... Prci ect No,: LIBER SE7F01-203 w'• '!'°''r!eft Mr.Jesse Hein Weld County Public Works Department Post Office Box 758 Greeley.Colorado 80632-0758 RE: Liberty PUD Subdivision, Evidence of Coordination with Town of Mead per Item 1.B of the Change of Zone Administrative Recommendation for PZ-1 103. !)sir Mr.H®in, This letter addresses the progress made to date regarding the conditional requirement I.E that needs to be satisfied before scheduling a Board of Commissioner's hearing for a change of i.ane application. The specific wording for I.B is as follows: "The applicant shall submit to the Department of Public Works written evidence iii vying tow dm tion efforts with the Town of Mead regarding the typical cross section for County Road 3'. Wnttun evidence from the Department of Public Works shall be provided to the Department of Planierig Services." • 1 1 have been In contact with the Town of Mead's Engineer Sandee Miller. regarding::oordinatior: of the cross sections. I reviewed the proposed Liberty PUD WCR 32 road cross-section against.the.T:awn's cross-section to be used for improvements on WCR 32 (Adams Avenues east or WC?, ; Differences were found and I discussed those differences in an e-mail to her. I also provided drawings in PDF format of the Towns road cross-section vs. the current Liberty croes•sectiosi, and oft e • Town's cross-section vs.proposed changes to the Liberty cross-section. .ao that it would more closely conform to the Towns. As of this date. Srndee has reviewed the drawings and has been in contact with the Z own of Mead's Manager to obtain approval to provide a written comment on information that I had sent to her. .As such,we are in a coordination mode and should be able to resolve any issues that may occur I>vr.v.est• now and the next submittal stage for this project I have enclosed a copy of the e-mail correspondence I have had with Sandee any.: yoti. ;n .d.jrtioe. 1 have enclosed a copy of the PDF drawings that I had Initially e-mailed to Standee. • 1 r\ - yeA 1 • Land 00.1 .` . Fr Izirn Mr.Jesse Hein Weld County Public Works Department Project No.:LIBER SE7F01-203 August 31,?006 Page 2 of 2 trust the above information and the enclosures are sufficient to show that coordination efforts are underway regarding WCR 32 cross-sections. If you have any questions regarding the above,please contact me at 970.667.6286. Sincerely, LANDMARK ENGINEERING LTD. Ee Reid W.Bond.P.E. ' l Rb✓B/ty I Enclosures 1 J Iy Y i (fst Page 1 of 3 Jacqueline Hatch From: Miller, Sandee [SMiller@JREngineering.com] Sent: Friday, September 01, 2006 12:48 PM To: Jesse Hein; Reid Bond Cc: Jacqueline Hatch; Town of Mead (E-mail); Brake, Michael Subject: RE: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Sandee C.Miller,P.E. JR Engineering 2620 E.Prospect Rd,Ste 190 Fort Collins,CO 80525 phone: 970-491-9888 fax: 970-491-9984 email: smiller@jrengineering.com Original Message From: Jesse Hein [mailto:jhein@co.weld.co.us] Sent: Tuesday, August 29, 2006 2:25 PM To: Reid Bond Cc: Miller, Sandee; Jacqueline Hatch Subject: RE: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Hello Reid, The email and PDF attachments sent to Sandee Miller(Town of Mead engineer) are an appropriate start to showing evidence of coordination with the town. However, for conditional requirement 1.B for PZ-1103 to be met Public Works requires written evidence (letter)from the Town of Mead showing these materials have been reviewed and comments made. This reply from the Town of Mead will serve as documentation and the requirement will be met. Please contact me if there are any questions or concerns. Jesse Jesse Hein Weld County-Public Works Department 1111 -H Street Greeley,CO 80632 970.356.4000 x3750 From: Reid Bond [mailto:bondr@landmarkltd.com] 9/1/2006 Page 2 of 3 Sent: Wednesday, August 23, 2006 3:38 PM To: Jesse Hein Cc: Tiffane Johnson Subject: FW: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Hi Jesse, Per our telecom today, I am forwarding a copy of the e-mail I had sent to Sandee Miller, J.R. Engineering regarding WCR 32 road cross sections for the Town and Mead and for Liberty PUD Subdivision. Sandee is serving as the Town's Engineer and we have been working with her on the installation of a 12-inch water main in the Town's road right-of-way (east of WCR 7 on WCR 32)to serve the Liberty Subdivision. Please notice that PDF attachments were sent to Sandee for her review. The proposed cross-section for WCR 32 north of the Liberty Subdivision did not show a 1-foot clear space in addition to the 4' shoulder (the Town's cross section). I revised the Liberty cross-section to include the 1-foot clear space. Please review the attachments to see the changes. I trust this will meet the conditional requirement 1.B for Case Number PZ-1103. If it does, please forward this to Jacqueline Hatch in the Weld County Department of Planning Services. If it doesn't, please let me know. Thanks, Reid Bond, P.E. From: Reid Bond Sent: Tuesday, August 22, 2006 9:14 AM To: Sandee Miller (smiller@jrengineering.com) Subject: Road Coordination efforts on Weld County Road 32 between Wled County Roads 5 and 7. Hi Sandee, As a result of Weld County Staff review of the proposed Liberty PUD Subdivision, the following requirement was placed on the Developer prior to scheduling a Board Of Commissioner's hearing for a change of zone application. "The applicant shall submit to the Department of Public Works written evidence showing coordination efforts with the Town of Mead regarding the typical cross section for County Road 32. Written evidence from the Department of Public Works shall be provided to the Department of Planning Services". The drawings submitted to the County for the Change of Zone review included a proposed cross section drawing for WCR 32. I have attached a PDF copy of the drawing that includes the proposed cross-section detail. For comparison purposes I have also included the Town of Mead's standard cross section for the Town's proposed Adams Avenue (WCR 32) improvements east of WCR 7 (MEAD vs. LIBERTY—WCR- XC's 8-21-06.pdf). The differences between the two cross-sections include: 1. The absence of the 1 foot clear zone on the shoulders on the Liberty PUD cross-section. 2. The south shoulder is shown as being paved on the Liberty PUD cross-section. 3. The right-of way is being increased from 60'to 70' (the 10-foot addition is on the south side which is the Liberty Property). 4. The ultimate full ROW is shown as 80 feet instead of 60 feet on the Liberty PUD cross- section. 5. The pavement thickness and base course thickness is not shown on the Liberty PUD cross- section. In order for the Liberty PUD cross-section to more closely conform to the Town of Mead's typical cross- section, I have made modifications to the Liberty PUD cross-section and have included a PDF showing those changes (MEAD vs. LIBERTY—WCR-XC's MOD1 8-21-06.pdf). Modifications include the following: 9/1/2006 Page 3 of 3 1. The 1-foot clear zone has been added on the shoulders. I have not shown the pavement or aggregate base course thicknesses on the Liberty PUD cross-section at this time. We have performed soils borings in the roadway and it appears that approximately 4-inches of aggregate base course currently exist. We will be evaluating the pavement thickness design as it relates to proposed changes in the road profile. Some areas may be in a cut condition and designs will not be able to benefit from the existing aggregate base course. As a result the design thickness may be slightly different from the Town's typical cross-section. Prior to completion of the design, we will provide additional information for you review and comment. Please review the above PDF's and provide any comments regarding any issues I may have overlooked. Thanks, Reid Bond 9/1/2006 September 1, 2006 J•R ENGINEERING Weld County—Department of Public Works A Wesbian Company P.O. Box 758 Greeley, CO 80632 Re: Liberty PUD,Weld County,Colorado Dear Department of Public Works: JR Engineering, acting as the town engineer for the Town of Mead, is in receipt of a typical cross section for Weld County Road 32 provided to us by Mr. Reid Bond of Landmark Engineering for the above-mentioned project. We have been in discussion with Mr. Bond, and met with him on two occasions to discuss roadway and water line issues. We have been requested to provide you with a letter of support for the proposed cross section of Weld County Road 32. Please accept this letter as proof that the Town of Mead has reviewed and approved the proposed typical cross section for Weld County Road 32. We are committed to working with all Town and County developers in the area to create sustainable developments, and resolve issues as they arise. We believe Mr. Bond is putting forth a good faith effort to do the same, and that any differences that may arise will be resolved in coordination. If you should have any questions, please contact me at 970-491-9888. Thank you for this opportunity to provide comments on this project. Sincerely, 74-11, dee C. Miller, PE Town Engineer cc: Michael Friesen, Town Manager Attachment: WCR 32 Typical Section 2620 East Pmspea Road,Suite 190.Fort Collins.CO 80525 970-491-9888•Fax:970-491-9984•www.jtenginecsing.com to.W R.O.W 30.0 30.0 J a n FAR TDNE N., 4a 4a J a M FAR 7M1F 12.0 122 ttleis DPoNNO LANE DRIVING LANE DOASRI DITCH VARIES_ DITCH VARIES 2.0% 201E R, 12' ABC Ir HW tY SCARIFIED k RECOMPACTW SUES:RADE TOWN OF MEAD - TYPICAL RURAL ROAD CROSS SECTION (60' ROW- 24' PAVED SURF C - Vim ROADSDE DIT0C) TS • 80' ULTIMATE FULL ROW 70' PROPOSED ROW II 110' ADDITIONAL 60' EXISTING ROW I I eV 7HIS NIPLAT 7EP ROW BY OTHER BY ix 30' ¢¢T 30' o 0 �I I I 4' ASPHALT 12' TRAVEL I 12' TRAVEL �4' GRAVEL - ce O I SHOULDER 1 SHOULDER JF m 1.0' CLEAR ZONE 2% z 1.0' CLEAR ZONd 4:ryAA' 040 4.11y,4, 4:0D$ ATCH EXISTING NEW PAVEMENT AND MATCH EXIST'S B AGGREGATE BASE COURSE a 4 • U LIBERTY PUD SUBDIVISION WCR 32 TYPICAL CROSS-SECTION* iNOT TO SCALE . • MODIFIED FROM FROM CHANGE OF ZONE SUBMITTAL I 3 WCR32 XC's: MEAD vs. LIBERTY PUD I lallEngineering LIBERTY XC CHANGED Scale: N/A Engineers Planners Surveyors Architects Geotechnical 3521 west Eisenhower Slvd..Loveland.Colorado 8063, AUGUST 21,2006 UBERP 5E7F-01 (870)ee,-6200.Toll Free1-806-370-13252 a.Fax(0701 007-5290 Y www r This document is an instrument of professional service of Landmark Engineering Ltd. (L.E.L.). Landmark shall, to the fullest extent permitted by law, be held harmless and released of any damage, liability, or cost arising or allegedly arising out of any modification, change, or reuse of this document by others. OFFICE OF BOARD OF COUNTY COMMISSIONER to: Ili :***•• 915 10th Street �` P.O. Box 759 8 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 356-4000, EXT. 4200 C. FAX: (970) 352-0242 COLORADO October 10, 2006 Mike Geile, Chairman Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 Dear Chairman Geile: By this letter, I am recusing myself from consideration of land use application PL #1103, which has been submitted by Liberty Properties/Kenneth and Connie Williamson, c/o Landmark Engineering. A hearing on the application is scheduled before the Board of County Commissioners on October 18, 2006. The success or failure of this application will not result in either gain or loss to me personally or to my heirs. However, it is a matter of public record that I have received campaign contributions from Mr. Williamson over the past seven years totaling$4,300. Because I have received these contributions, I believe that my participation in any and all deliberations regarding this application would create the appearance of impropriety, and therefore need to recusc myself accordingly. To date, I have not had any conversations regarding this case with my fellow Weld County Commissioners, and will continue to refrain from doing so. Finally, I wish to make it a matter of public record that neither I, nor anyone in my family, have any personal ownership or interest in property connected with, contiguous to, or near the parcels of this application. Sincerely, Glenn Vaa Weld County Commissioner District 2 cc: Rob Masden Bill Jerke Dave Long Clerk to the Board EXHIBIT "P-a -sit 05 Chris & Belle Conway 2696 Grace Way Mead, CO 80542 October 13, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Docket #2006-66 Case No. PZ 1103 Liberty Properties LLLP /Kenneth & Connie Williamson We are in objection to the proposal by Liberty Properties LLC for the development of the property known as: NW4 of Section 21, T3N, R68W of the 6'h P.M., Weld County Colorado. We are opposed to the following exceptions to the requirements: The maximum building height is proposed to be 35' instead of the 30' per Weld County Code. As our subdivision is directly to the east of the proposed development, the additional 5'will further impact the views of the Eden's Reserve Subdivision. As this height limit was regulated for a reason,please provide an explanation for the requested exception for this development. The designated commercial lot of 23 acres. We were informed that this 23 acre lot was originally proposed to remain agricultural and that a procedural error in the Weld County offices caused the change of this parcel from agricultural to commercial. Please provide an explanation as to the courses of action that are proper in the review process to adjust for an error that results in damage to the adjacent properties. We request your consideration in the design of this development that maintains everyone's views of our mountains and the country atmosphere. Sincerely Christopher J. Conway Belle R. Conway EXHIBIT -re 411O3 Esther Gesick -From: Mary Naud [mary@cnecpas.com] ant: Monday, October 16, 2006 9:58 AM lo: Esther Gesick Subject: Letter in response to Liberty Properties development Attachments: Liberty Properties Development.doc liberty Properties Development... Attn: Clerk to the Board Please add our letter of response to the case file and submit it to the Board for consideration at the public hearing on October 18, 2006, docket # 2006-66. A signed copy of the letter will be mailed to your attention. Thank you, Mary Naud Mary E. Naud, CPA CNE CPA' s and Advisors, PC 916 S. Main St. , Suite 202 Longmont, CO 80501 303-678-5392 ,_..Eax: 303-678-5434 EXHIBIT I 1 Mike and Mary Naud 2708 Grace Way Mead, CO 80542 October 15, 2006 Board of County Commissioners of Weld County attliu ,f/ ' "tt"' Weld County Centennial Center ti 1.—t4- 915 10th Street, First Floor Greeley, CO 80631 RE: Case Number PZ-1103 Liberty Properties LLC c/o Kenneth& Connie Williamson We are in objection to the proposal by Liberty Properties LLC for the development of the property known as: NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County Colorado. Our property and subdivision, Eden's Reserve, is located just east of the proposed development and consists of 2+ acre estates. The proposed development is not consistent with the surrounding properties and it is highly likely that it will affect the value of the adjacent properties. We believe a viable plan would be for allowing increased density subdivisions in the center of Mead with decreasing density in the outlying areas. A development of 2 to 5 acre lots would complement the existing subdivisions and continue to make Mead a location of choice for its country atmosphere and mountain views. The parcel known as "Out lot F" is slated for commercial zoning. This zoning is not compatible with the residential and agricultural setting in the immediate area, especially, due to the low density here. There is soon to be an enormous amount of commercial land available along the Highway 66 corridor, therefore, there is not a great need for this intended strip of commercial use. • We hereby object to the high density residential development plan • We hereby request that the commercial zoning for out lot F or the entire strip between the property west of the I-25 Arterial and the railroad tracks be zoned: R- 2." Please consider modifying this development proposal to maintain the country atmosphere of Mead's surrounding subdivisions. Sincerely Michael Naud // 04-<1_,,, 0-4 Mary Naud et 78%, //0-3 L � � 3 Curt and Denene Schrick 2684 Grace Way Mead, CO 80542 October 16, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Docket# 2006-66 Case No. PZ 1103 Liberty Properties LLLP /Kenneth & Connie Williamson We are in objection to the proposal by Liberty Properties LLC for the development of the property known as: NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County Colorado. We are extremely opposed to the following exceptions to the requirements: The maximum building height is proposed to be 35'-40' instead of the 30' per Weld County Code. As our subdivision is directly to the east of the proposed development, the additional 5'will further impact the views of the Eden's Reserve Subdivision. As this height limit was regulated for a reason,please provide an explanation for the requested exception for this development. The designated commercial lot of 23 acres. We were informed that this 23 acre lot was originally proposed to remain agricultural and that a procedural error in the Weld County offices caused the change of this parcel from agricultural to commercial. Please provide an explanation as to the courses of action that are proper in the review process to adjust for an error that results in damage to the adjacent properties. We request your consideration in the design of this development. The reason we moved to Mead was to have the scenic view of the mountains and live in the area with good schools and have a country setting. We are not excited to look at the back of a large commercial building. I am sure that if you lived in this development you would feel the same and have the same objections to this proposal. Sincerely, Curt Schrick EXHIBIT Denene Schrick i Pe 41103 10/17/06 Director of Complaints Office of the Commissioner Weld County Dear Sir/Madam, Re: AMDocket#2006-66,PL1856-Change of Zone,PZ#1103,Property Owner Opposing Change to Zoning and Height Restriction We,the undersigned owners of property within 200' of the property that is the subject of this zoning case, strongly protest the requested zoning change to commercial as well as the change to the 40' height restriction on the structures. We are in favor of zoning the property as residential as originally requested by the developer. This would allow for nice single family homes to be built adjoining our neighborhood. The homes in our neighborhood are well maintained with owner occupied homeowners. It would not be suitable to have commercial property adjoining these homes. This would depreciate the value of our homes and result in additional noise and traffic. We are also unsure why an exception to the height restriction would be made to the proposed buildings on this property. We strongly protest this change too and feel that all builders should be held to the same standards. Yours sincerely, Bradley Fedorczyk HomeOwner 2700 Grace Way Mead CO 80542 970-371-0066 EXHIBIT TO#llg3 Homeowners, Eden's Reserve Subdivision Mark& Jackie E berl 2672 Grace Way Mead, CO. 80542 October 17, 2006 Weld County Board of Commissioners and Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Case Number PZ-1103 Liberty Properties LLC c/o Kenneth & Connie Williamson In July of 2006, we informed the Planning Commission of our concerns about having commercial zoning in our low-density residential area. A copy of that letter is attached for your convenience. In addition, to the said letter, we would like to say that after attending the Planning Commission meeting, it is even more apparent that Lot-F should not be zoned commercial, due to the fact that there is a lot of doubt that the proposed parkway will be located on this property at all. The fact also remains that commercial is not compatible to the immediate area and there is already a glut of commercial either existing or planned in close proximity to this property. A parkway is designed to lighten the load on existing arterials not to draw excessive traffic, noise, and congestion into a residential area, as does commercial development. There is not a need to line a parkway continuously with commercial. The Developer expressed that they would prefer leaving lot-F zoned agricultural or change to residential. We also feel that it may be improper to impose the exorbitant expense of financial responsibility on the developer for a parkway that is not definitely aligned, designed, engineered, or permitted. Considering all the doubt concerning the future of the proposed parkway, it seems that the planning department would welcome the opportunity to revisit the rezoning of the lot-F when the parkway is definitely aligned and therefore, leave it zoned agricultural. We also oppose the 35' height proposal. The existing 30' height restriction has been in force for quite a long time and has served everyone well. We do not see the need to increase the height restriction unless it was to accommodate mechanical equipment on a 3 three story commercial building, or something of that nature. If the 35' is approved at the location, it will soon be applied to any other developments. We would prefer that high profile construction be in the large city areas. Thank you for your concern in this matter. Best Regards, Mark and Jackie Eberl EXHIBIT L 03 Homeowners, Eden's Reserve Subdivision Mark& Jackie E berl 2672 Grace Way Mead, CO. 80542 July 30, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Case Number PZ-1103 Liberty Properties LLC c/o Kenneth& Connie Williamson We are homeowners in Eden's Reserve Subdivision just to the east of the proposed plan. We are asking you to consider our concerns in this planning process. The parcel known as"Out lot F" is slated for commercial zoning. This zoning is not compatible with the residential and agricultural setting in the immediate area, especially, due to the low density here. There is soon to be an enormous amount of commercial land available along the Highway 66 corridor, therefore, there is not a great need for this intended strip of commercial use. The developer has indicated that their intent is to build smaller, but quality, single family homes in clusters of small lots, but with sufficient open space to create a park like setting. This idea is much more compatible, not only to the Liberty P.U.D., but also to the surrounding area and, does not require commercial zoning. We hereby request that the commercial zoning for out lot F or the entire strip between the property west of the 1-25 Arterial and the railroad tracks be zoned: R-2." Thank you for your concern in this matter. Best Regards, Mark A. Eberl, 2672 Grace Way Jacquelyn A. Eberl, 2672 Grace Way John Vittetoe, 2680 Grace Way Vernie Vittetoe 2680 Grace Way Kris Wilson, 2676 Grace Way Jim Wilson, 2676 Grace Way Curt Schrick 2684 Grace Way Denene Schrick 2684 Grace Way Mark Skelton 2688 Grace Way Derek Skelton 2688 Grace Way P EXHIBIT • LFELSBURG i ' H0LT & Pt Iln1.- i ULLEVIG 7 J'. d v R yi r?.• i = iF i '1.0 >.. n. ..t,-'r-ii ‘ 741 l i t ;t J • A Y' f t'd Y } C. a., �Vd ;II,--.Ai h` e_----- a ..- ' �. ' __...:ti, fl A 2 n tl S iisi AE-'14 a. �i r.. y� 1 ;ik I n= F� M '.R+'1Y ��RR�1T k^1. 2 �\S- si. d + 3. A 1 l -.L . 3Y c- Y tj't` of 1�'e., .4.1' cm f d: y i � '1 It‘ b ; 1 r. +.1 A #., Y S �+ ; g %} t-�[[ 'y 'F T* *• •••,c4.µy4 y^ H , !L @ f n 6.#' *,;:t2'1 j 4 t � �/ �� to � � r [ F �fi✓.. V:,� 4 i 1. i/i a---- z f9. i s et d e ..a � it ,�� C / Any rrwee.r t, � P • ti kF v a )h,--- 1[ "� 11'r� �Ay ^ — — — r..b GY � P � G( -, , r t h 3r -..,...---,-,-..,...t.�x s ,. it2.,, t a > F i▪P _ .— A _ , t„ ,mac,-^,�. > y P �r. It's• ', . i- cF P {y.t .,[t, .''-j-_... - i1,• gr". . •jt t-t- :et'., r - ?� t `� yl 1 " P� YL- t14.Y�.yM�"+ +y-�'ii ��F "3C1 �} 4?*cariII W'.e,"./ThR --40.2.- ...„...., % t yy �; . ,, " �% }Y + - sue" 'y �yiY � I 71 ,......- vc--,:-. -4- . ••--,n fr,..,,, r ` s---.7*-- yt I N q. 4is i >by -'i- iyce.-. . -e T / .„ _fl - 1� .;--:-.= +t F . Tr � 1 fry 1 )}+ y , !L Y �-.�.� r r4�1.L 7 ___,f. i '�* �" fit ` 1�'�. • Figure 13 FN P N O Western Parallel Arterial Preferred Alignment Mead Transportation Plan-Phase II 05-058 6/5/06 Page 25 • - ' FELSBURG ® HOLT & ULLEVIG engineering paths to transportation solutions February 13, 2006 Mr. Michael D. Friesen Town Manager Town of Mead 441 Third Street Mead, Colorado 80542-0626 RE: Proposal for Supplemental Transportation Planning Services Mead Transportation Plan Dear Mr. Friesen: At a recent meeting with representatives from the Town of Mead, City of Longmont, Weld County, and private developers, it was decided that the study area for the Mead Transportation Plan should be expanded. The consensus of the participants was that they would like to have additional information in order to better analyze the appropriate alignment for the Parallel Arterial on the west side of 1-25. Recent controversy regarding the Weld County Road (WCR) 7 alignment north of SH 119 has led to the need to evaluate potential alternative alignments between SH 119 and SH 66. The Parallel Arterial would continue to utilize the WCR 7 alignment south of SH 119. It was agreed by the participants that an existing transportation model might be supplemented in the area on either side of SH 119 from 1-25 to west of County Line Road. The analysis would specifically address the questions of the volume and origin/destination characteristics of the traffic that is likely to use the Parallel Arterial and how much the utilization of the Parallel Arterial would be affected by a discontinuity at SH 119 with a jog west to either WCR 5 'h, WCR 5, and/or WCR 3 '/�. Therefore, Felsburg Holt & Ullevig (FHU) proposes the following work efforts to supplement our ongoing work efforts for the Mead Transportation Plan. 1. Obtain copies of recent traffic impact studies completed for developments in the primary study area (1-25, one mile west of WCR 1, SH 66, and WCR 22). These will be provided by the local agencies. We will review the land use and traffic analyses to supplement the regional model. 2. Modify the North Front Range model to include land use planned in the study area as well as supplementing the roadway network to include the basic grid of county roads in the study area as well as the different alignments for the Parallel Arterial. EXHIBIT /103 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.fhueng.com info@fhueng.com February 13, 2006 Mr. Michael D. Friesen Page 2 3. Obtain the computer model results that have been developed for the North 1-25 EIS study and the City of Longmont. Because the study area is on the boundary between the DRCOG and the North Front Range models, these models will be used to calibrate the subarea model results. 4. Analyze forecasted volumes for each of the alternative alignments for the Parallel Arterial as well as origins and destinations of the traffic that uses the alternative or is diverted to other routes. 5. Review the constraints (railroad crossing, existing and planned development, drainage and topographic features, etc.) and opportunities that are presented by each potential alternative alignment for the Parallel Arterial. 6. Prepare a comparison of the advantages and disadvantages and potential utilization of each alternative alignment for presentation to the working committee. 7. Prepare a draft and final technical report that summarizes the analyses and conclusions of the study. It will be distributed to the appropriate local agency representatives for review and comment before being finalized. 8. Attend at least two meetings of the working committee to discuss work in progress and final results of the analyses. We would propose to conduct these services on a time and materials" basis. Under such an agreement, Felsburg Holt & Ullevig is compensated at hourly rates for all labor and other direct costs are reimbursed at 1.1 times the cost. The following are our standard hourly billing rates: Principal II $175.00 Principal I $150.00 Associate $140.00 Sr. Engineer $130.00 Engineer V $120.00 Engineer IV $110.00 Engineer III $ 95.00 Engineer II $ 85.00 Engineer $ 80.00 Sr. Designer $105.00 Designer IV $ 85.00 Designer III $ 75.00 Designer II $ 70.00 Designer I $ 60.00 Administrative $ 65.00 At these rates, we have estimated that the above scope of services could be completed for an estimated budget of$12,000. This amount would serve as an upset limit beyond which no charges could be made without your prior approval. This budget includes attendance at two meetings in the Mead area. Attendance at additional meetings, upon your request, would be billed at the standard rates. February 13, 2006 Mr. Michael D. Friesen Page 3 If the conditions of this proposal are acceptable to you, please sign below and return a copy or our files. If you have any questions regarding this proposal, please feel free to call. We thank you for this opportunity to offer our services, and we look forward to the possibility of working with you on this assignment. Sincerely, FELSBURG HOLT & ULLEVIG Accepted By Robert W. Felsburg, P.E., C.C.E. Principal Title k960-1-4n- Date David E. Hattan, P.E., PTOE Associate itg't RECEIVED AUG 1 5 2005 Weld County Referral 1111 P COLORADO August 9, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Liberty Properties LLLP Case Number PK-1103 Please Reply By September 6, 2005 Planner Jacqueline Hatch Project Liberty Planned Unit Development Sketch Plan for 186 residential lots on 77.79 acres comprised of single family estate homes and single family alley access homes; 5.21 acres of commercial use; and 51.16 acres of open space. Legal • NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 32; east of and adjacent to CR 5 Parcel Number 1207 21 000001 1 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find o conflicts with our interests. See a#feeAe lterco vvw Comments: -t_e (crw . Boa ccE ra a o.r o-tn2 fLt a u, e�f a4_ t,wi';vtc - a tvu u a .,a 9G . Cew, rt,a�-oafI 1I 0 6 `IZ,c % plc (rrw,,, . Signature /t/.4.' &ajf b. h..Lc1¢.r,,, a a_ (0-toil Date 41/6. /Ds Agency l jZ,vm -it e. •:•Weld County Planning Dept. +918 10'"Street, Greeley,CO.80631 t(970)353-6100 ext.3540 t(970)30- - •: EXHIBIT BOARD OF COUNTY COMMISSIONERS' SIGN POSTING - CERTIFICATE THE LAST DAY TO POST THE SIGN IS .�C 3 ,;f o c L THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENH TIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TetIRELEgN 1JAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR f - I ( - IN THE AGRICULTURAL ZONE DISTRICT. Name of Person Posting Sign —Jacqueline Hatch C J Signature of Person Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this day of O ' , 2006. WITNESS my hand and official seall.f. Notary Public til Ul:,A c, 9 O -11. ,�J9 . . P- " QTR My Commission Expires: 1O jam,. • _"� DOOM i 0 ;f #1/0-17 _ T y 1 _ L N �' . „ a r ^ate r .4 - 1 ',• ' f , ` (( . 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S / s 1. .n '+ /kik / v . , John and Vernie Vittetoe 2680 Grace Way Mead, CO 80542 • October 18, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Docket#2006-66 Case No. PZ 1 103 Liberty Properties LLLP /Kenneth & Connie Williamson We are in objection to the proposal by Liberty Properties LLC for the development of the property known as: NW4 of Section 21, T3N, R68W of the 6th P.M., Weld County Colorado. We are opposed to the following exceptions to the requirements: The maximum building height is proposed to be 35' instead of the 30' per Weld County Code. As our subdivision is directly to the east of the proposed development, the additional S' will liwther impact the views of the Eden 's Reserve Subdivision. As this height limit was regulated for a reason, please provide an explanation for the requested exception for this development. The designated commercial lot of 23 acres. We were informed that this 23 acre lot was originally proposed to remain agricultural and that a procedural error in the Weld County offices caused the change of this parcel from agricultural to commercial. Please provide an explanation as to the courses of action that are proper in the review process to adjust for an error that results in damage to the adjacent properties. We request your consideration in the design of this development. Sincerely, John and Vernie Vittetoe EXHIBIT y F i /o John and Vemie Vittetoe 2680 Grace Way Mead, CO 80542 :T I n'i II: 7? October 18, 2006 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: Docket# 2006-66 Case No. PZ 1103 Liberty Properties LLLP /Kenneth & Connie Williamson We are in objection to the proposal by Liberty Properties LLC for the development of the property known as: NW4 of Section 21, T3N, R68W of the 6`h P.M., Weld County Colorado. We are opposed to the following exceptions to the requirements: The maximum building height is proposed to be 35' instead of the 30' per Weld County Code. As our subdivision is directly to the east of the proposed development, the additional 5'will further impact the views of the Eden's Reserve Subdivision. As this height limit was regulated for a reason,please provide an explanation for the requested exception for this development. The designated commercial lot of 23 acres. We were informed that this 23 acre lot was originally proposed to remain agricultural and that a procedural error in the Weld County offices caused the change of this parcel from agricultural to commercial. Please provide an explanation as to the courses of action that are proper in the review process to adjust for an error that results in damage to the adjacent properties. We request your consideration in the design of this development. Sincerely, John and Vernie Vittetoe EXHIBIT T2 #!/O3_ BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 1U .J C , LOO THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PEN TIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TL1 FIFTED DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR e L - I( ° 5 IN THE AGRICULTURAL ZONE DISTRICT. Name of Person Posting Sign —Jacqueline Hatch <" I Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD )The foregoing instrument was subscribed and sworn to me this aOC day of I �L , 2006. WITNESS my hand and official seal. Zr 5 <,? 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