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CENTRAL WELD COUNTY WATER DISTRICT
August 13, 2004
Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
RE: Applied Films PUD
SW '/a NW 'LA Section 14, Township 2 North, Range 68 West of the 60'P.M.,
Weld County, Colorado also known as Lot A of RE-1009.
Dear Todd,
Let this letter be a response to your request for the Applied Films Corporation and the
property as listed above. Currently there is a single family residential structure and it is
provided service by Central Weld County Water District also know as tap no. 885. We
understand that Applied Films owns the existing property and wishes to change the
zoning to commercial and sell the property in the future.
There are various sizes of taps for commercial use within the District. In this area, most
of the commercial buildings currently have 2" taps so at this point the District will
assume that a commercial tap will be 2" in size. The cost of a 2" tap is currently
$130,200.00. As you have indicated, this may change from time to lime. The District
also understands the Applied Films PUD is not proposing development but rather change
of zone to commercial from residential. The District currently has the ability to serve
future commercial use at this location. We will not require a service upgrade until the
site plan review process and specified development is proposed.
Please advise if there are any questions.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
g
General
er
JWZ/rg
2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-58/—
John W.Zadel,General Manager 2005-2807
St. Vrain
SANITATION
DISTRICT
August 19, 2004 •
Todd Hodges Design, LLC
2412 Denby Court
Fort Collins, CO 80526
RE: Applies Films Corporation PUD
SV4 NW4, Section 14, T2N, R68W also known as Lot A of RE-1009
Dear Mr. Hodges,
Please accept this letter as the response of the St. Vrain Sanitation District("the District")
in regard to your request for the Applied Films Corporation ("AFC") and the above
referenced parcel of land.
On September 15, 2003, I responded to AFC with a Will Serve letter. This letter states
that the parcel is within the defined 208 boundaries of the District. A search of our
records confirms that the parcel is not included into the District nor is it connected to our
system as referenced by Weld County. As such, AFC will need to complete the enclosed
Request For Inclusion documents and return them to our office along with the calculated
fee. The cut-off date for the next public hearing cycle and board vote of approval is
November 1, 2004. If all documentation is received by this date and then approved by
staff the information will be presented to the Board of Directors at the December board
meeting. At that time they will determine if the property can be scheduled for a public
hearing. If they make such an approval, then the public hearing and vote of the Board of
Directors will be scheduled for the January 2005 board meeting.
At this time, the District does have the ability, capacity and willingness to service this
property. As stated in the Will Serve Letter, it is the long-range plan of the District to
provide service to all land parcels within the District's boundaries. The District does not
sell, commit or reserve future capacity in the form of Pre-paid Taps. Instead, the District
does monitor and design all lines and the plant for the known and anticipated needs of the
District's customers.
11307 Business Park Circle Longmont, CO 80504
Phone: (303) 776-9570 Fax: (303)485-1968
At this time, District tap fees are based on the size of the water meter that services a
facility. Because you presently have no plans for development, the following sizes and
costs will provide you with the information that you will need:
NON-RESIDENTIAL PLANT INVESTMENT FEE
Meter Size SEE Allotted
5/8" Amount
2 S 10,000..00
3
$ 15,000.00
1" 5
1 h" 10 $ 25,000.00
S 50,000.00
2 16 $ 80,000.00
3 32 $160,000.00
In addition to these fees, AFC would also be subject to inspection fees, any applicable
line extension fees and monthly service charges that become effective at the time of
purchase of the tap and are billed quarterly. At this time, the monthly service charge is
$22 per SFE. If the commercial tap for your facility is 2" in size as noted in the letter
from CWCWD, then your estimated costs would be as follows:
Tap Fee $ 80,000
Inspection Fee 60
Line Extension Fee(16 SFE x$525) 8.400
Total Estimated Connection Fees $ 88.460
Monthly Service Charge $ 352
Billed Quarterly $ 1,056
Please be advised that these fees and costs may change from time to time. Actual costs
can be verified at the time of purchase of the tap.
The District understands that AFC is not proposing any development at this time, but
rather that they are requesting a change in the zoning of the property to that of
commercial use instead of the current residential use. The District does not object to this
change in zoning and as noted above, is willing to serve the property at this time.
Likewise, inclusion into the District does not require the purchase of a tap. However,
prior to connection to the District's system, AFC must receive the District's approval of
the design of any and all of the facilities to be constructed and connected to our system.
If you have any questions regarding this letter, please contact me at anytime at my office
at(303) 776-9570.
Sincerely,
James S even Beck
District Manager
St. Vrain Sanitation District
Bernard Lyons Gaddis & Kahn
A Professional Corporation �` "� Attorneys and Counselors
April 27, 2005
Co
linty pi
°REfl�y 1N 08�
Weld County Planning AP OFF/CE 'tmew
1400 North 17th Avenue R 2 g
Greeley, Colorado 80632 t FD
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Re: St.Vrain Sanitation District
Court Order of Inclusion - Applied Films property
Enclosed for your information is a copy of the recorded Court Order of Inclusion recently entered by
the Weld County District Court. This Order effectively includes the real property described in the
Order and located within Weld County, Colorado, into the St.Vrain Sanitation District.
Please adjust your records accordingly
Sincerely,
BERNARD, LYONS,GADDIS& KAHN,
a Professional Corporation
By +% S-`L Lain/t(---t_
Kyna KK Glover, Paralegal
kglover@b/glaw.com
Enclosure
cc: St.Vrain Sanitation District
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
1111111 H111 11111 IIII 1111111 lit 11111111131111111111
401 3275301 04/07/2005 12:59P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder
Weld County, District Court
9019«Avenue ._.., . ��
P.O. Box 2038
Greeley, CO 80632 ,x FILED IN
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Phone: 970-351-7300
IN THE MATTER OF THE INCLUSION OF
LAND WITHIN THE ST. VRAIN SANITATION wFi a COUNTY, COLO,
DISTRICT
Court Use Only
Case No. 85 CV 1166
Div: Courtroom:
COURT ORDER OF INCLUSION
THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised
in the premises, FINDS:
1. That a certified copy of the Board Order of Inclusion of the Board of Directors of the
St. Vrain Sanitation District (District) entered on March 16, 2005, has been filed with the
Clerk of this Court as provided by law wherein certain property therein described was
included into the District.
2. That it appears from the documents and papers on file that the proceedings of the
District with reference to inclusion of such property into the District were regular and in
accordance with requirements of law.
NOW, THEREFORE, IT IS ORDERED that the following described property, known as the
Applied Films property, situated in the County of Weld, State of Colorado, be and hereby is
included into the St. Vrain Sanitation District pursuant to Section 32-1-401(1)(c)(I), C.R.S.,
said land described as follows:
Lot A of recorded Exemption No. 1313-14-2-RE1009 recorded May 14, 1987 in Book
1156 as Reception No. 2099770 being a part of the Northwest Quarter of Section 14,
Township 2 North, Range 68 West, County of Weld, State of Colorado; commonly known
as 9536 East 1-25 Frontage Road, Longmont, CO 80504.
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By
-VA
St. Vrain -
SANITATION
Property Owner: Applied Films Corp DISTRICT Development (If applicable)
DATE Au GUST /9, 2_004
RE: Petition for Inclusion
Pursuant to your request, a Petition for Inclusion into the St. Vrain Sanitation District is enclosed. Please complete this form,
including your notarized signature and attach the following:
1. Check for Fees
A. Service Allocation Fee(as determined b District in equation below)
1.0586 X 1149 ZO X $ .05 = $ 244.54
Number of Acres Number of SFE's Fee Service Allocation Fee
Single Family Equivalents
Presently in SVSD*
B. Development Fees: Engineering $350
Mapping $150
Administrative $300
Legal $200 $ 1,000
TOTAL OF FEES DUE WITH THIS PETITION $ 1244.54
Should engineering and administrative time exceed above value,additional charges may be levied.
Valid for six months from form date.
2. Signed copy of the Inclusion Agreement(attached).
3. Completed Questionnaire(blank attached).
4. Copy of the Deed whereby you acquired Title of said property
5. Map of property(1:1000 scale or larger) and AutoCAD compatible copy of map file.
Your attention to detail in completing this petition thoroughly will result in prompt processing by the District.
Return to: St. Vrain Sanitation District, 11307 Business Park Circle,Longmont, CO. 80504
Upon receipt of all the information requested above, this petition will be brought before the St.Vrain Sanitation
District Board for review. Petitions are heard quarterly(Jan/Apr/Jul/Oct) by the Board of Directors. Petitions
must be turned into District office 60 days prior to the hearing date.
For your information, Weld County levies property tax in behalf of the District to address District dept and
operations. The mill levy changes each year,but is moving in a downward trend. Please inquire as to specifics.
Sincerely,
9i1er1T1F
. RAIN AT
11307 Business Park Circle Longmont,CO 80504
Phone: (303)776-9570 Fax:(303)-485-1968
STATE OF COLORADO ) BEFORE THE BOARD OF DIRECTORS OF
COUNTY WELD )ss ST. VRAIN SANITATION DISTRICT
PETITION FOR INCLUSION
1. Applied Films Corporation is/are the fee owner(s)
of one hundred percent of the following-described real property which is capable of being served by the St. Vrain
Sanitation District.
2. The legal description of the property sought to be included under this Petition is as follows:
(Description,or refer to Exhibit) Lot A, RE-1009 located in Pt. SW4 NW4, Section 14,
Township 02, North, Range 68 West
A COPY OF THE DEED WHEREBY I/WE ACQUIRED TITLE IS ATTACHED HERETO. IF APPROPRIATE
ATTACH SKETCH OF PROPERTY.
3. The above-described property is: [Check One]
o Presently included in
District; or
o Not presently included in any district.
This Petition is accompanied by an initial deposit in the amount of$ for the costs of inclusion proceedings
incurred by the St.Vrain Sanitation District.
4. The undersigned assent to the inclusion of the above-described property in o the Cr rain Sanitation District and pray that
the Board of Directors of said District grant this Petition after r tc notice and h in provided by law.
caner
Address Ap ied Films Corporat;nn
9586 I-25 Frontage R Sre 200
Longmont, CO 80504
Owner
Address
The foregoing instrument was acknowledged before me this 11th day of January ,200
by Lawrence D. Firestone
Witness my hand and official seal.
My commission expires: 7/26/2007 .
Notary Public
Kristy L. Hawkins
2
INCLUSION AGREEMENT --
1. PARTIES. The parties to this Agreement are the ST. VRAIN SANITATION DISTRICT("District") and
Applied Films Corporation ("Owner").
2. RECITALS AND PURPOSE.District is a governmental entity formed pursuant to Section 32-1-101 et seq, C.R.S.,
and has established boundaries for various purposes including taxation.District was formed for the purpose of
constructing and operating sanitary sewer facilities in the Del Camino area. Owner owns property which was not
originally included within the District's boundaries and now desires to have the property included into the District.
The purpose of this Agreement is to set forth the terms and conditions of the inclusion.
3. PROPERTY DESCRIPTION.The property forming the basis of this Agreement is described on Exhibit A which is
attached and incorporated herein by reference.This Agreement is applicable only to the property described on
Exhibit A and is not transferable to other commonly owned property or property which is the subject of other
inclusion proceedings.
4. INCLUSION PROCEEDINGS.Owner has filed a petition for inclusion pursuant to Section 32-1-401, C.R.S.After
notice and public hearing,the petition was granted by District's Board of Directors , 20
subject to certain conditions, including the execution of this Agreement within sixty days of the approval of the
petition. Upon execution by both parties,a motion for entry of an order of inclusion pursuant to Section 32-1-
401(1)(c), C.R.S., will be filed with the Clerk of the Weld County District Court.
5. AGREEMENT AND ACKNOWLEDGMENT.The parties hereby agree and acknowledge as follows:
5.1 Inclusion into the District is final upon entry of the Court Order of Inclusion.
5.2 Pursuant to Section 4.5 of the District's Rules and Regulations, should this inclusion be completed and
recorded after May 1 but prior to December 31, and thereby be exempt from taxation for the year of
inclusion, the Owner shall pay an Inclusion Fee equivalent of the amount of taxes the District would
have received from the property for the then current year based upon the date of the District's order of
inclusion.This Inclusion Fee shall be billed by the District and paid at the same time and under the same
conditions as that years property tax. (i.e. paid the following year, one-half February 28 and one-half
July 31,or full amount April 30).
5.3 Owner acknowledges that inclusion does not guarantee sewer service to the property. Service is
contingent upon compliance with the District's Rules and Regulations, receipt of which Owner hereby
acknowledges, and upon District's available capacity. Owner must separately apply for and purchase
taps.
5.4 Owner acknowledges that in the event the property is serviced and owner leases the
property, in whole or in part, to a third party the property remains ultimately liable for all
fees, assessments, penalties, charges, as well as tax levies, regardless of the terms of the
lease or rental agreement. Pursuant to Section 32-1-1001(1)0), C.R.S., until paid, all such
amounts owed constitute a lien on and against the property served, said lien being superior
to all other interests including first deeds of trust.
3
5.5 Owner acknowledges that upon inclusion, the property becomes subject to all subsequent taxes and
charges of the District and shall be liable for its proportionate share of existing bonded indebtedness
represented by annual tax levy. In the event of future exclusion from the District, the property shall
remain obligated to the same extent as all other property remaining within the District, but only for that
proportion of the outstanding indebtedness, and interest thereon,existing on the effective date of the
exclusion order.
6. DONATION OF EASEMENTS. Owner agrees to donate to the District such easements as may reasonably be
required by the District. The District's engineer shall consult with Owner as to probable locations and dimensions of
anticipated easements. Owner agrees to execute any and all additional documents or instruments necessary to
officiate the purpose of the Agreement.
7. INTEGRATION AND AMENDMENT,This Agreement represents the entire agreement between the parties and
there are no oral or collateral agreements or understandings.This Agreement may be amended only by an
instrument in writing signed by the parties). If any provision of this Agreement is held invalid or unenforceable, no
other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall
continue in full force and effect.
8. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their
respective legal representatives, successors, and assigns;provided,however, that nothing in this paragraph shall be
construed to permit the assignment of this Agreement except as otherwise specifically authorized herein.
DATED: Jnanuary 11 20 05
OWN Applied Films Corporation
DATED: , 20 ST. VRAIN SANITATION DISTRICT
BY:
4
St. Vrain Sanitation District
Inclusion Questionnaire
(Attachment to Petition for Inclusion)
1. Name: Applied Films Corporation Date: 1 /11 /7005
9586 I-25 Frontage Road, Ste 200
Address: Name of Development(if applicable):
Longmont, CO 80504
Phone Number: 303 774 9700
2. Proposed Inclusion Property Description (Legal Description):
Lot A, RE-1009 located in Pt. SW4 Nw4, Section 14
Township 02 North, Range 68 West
4. Acreage: 5.293 5. Present Zonin^• PUD for commercial
6. Present Land Usage: Residential
7. Cut-rent Assessed Value: 32,400
8. Development Plans on Proposed Inclusion, if any: (Attach Proposed Development Plan and include
autocad compatible copy of map file)
Number of Units: Single Family Multi-Family Commercial/Industrial
Other (Description)
9. Schedule of Development
SFE's (taps) anticipated: Note: One SFE (single family equivalent) = 270 gallons per day
2004: 2005: 2006:
2007: 2008: 2009:
2010: 2011: 2012:
Comments:
10. Assessed valuation upon completion of development plan:
This data will be used for the analysis of growth, planning, and sewer system capacity within the St. Vrain
Sanitation District.
5
May 19, 2004
INCLUSION INTO THE DISTRICT --- BOARD HEARING SCHEDULE
The St. Vrain Sanitation District's Board hears inclusions quarterly (every three months.)
This is how this scheduling works:
BOARD MEETINGS ARE THE 3`d WEDNESDAY EVERY MONTH.
Below are the months the inclusions are heard, the signed Inclusion Agreement, the
completed Questionnaire, a copy of the Deed, map of Property, Certificate of Good
Standings, and Corporate Resolution along with payment should be in our office (11307
Business Park Circle, Longmont, CO 80504) 75 days prior to the scheduled hearing date. 30
days prior to the hearings the Board of Directors review the applications — this is called
Request for Hearing, at this time the Board will determine, depending on any problems with
provision of service to the subject property, if the application will go on to be heard the
following month.
January — These inclusion documents need to be in our office no later than two weeks
before the November Board meeting. Please check with our office for exact date.
April — These inclusions need to be in our office no later than two weeks before the
February Board meeting. Please check with our office for exact date.
July - These inclusions need to be in our office no later than two weeks before the May
Board meeting. Please check with our office for exact date.
October - These inclusions need to be in our office no later than two weeks before the
August Board meeting. Please check with our office for exact date.
If you have any questions concerning inclusions please contact
District Engineer, Rob Fleck at (303)776-9570.
6
000000280014 Applied Films Corporation 52739 052739
VENDOR:
OUR REF.NO. YOUR INVOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID •ISC•UNT TAKEN NET CHECK AM•UNT
(x22112/09/04 12/09/04 1, 244 . 54 1, 244 . 54 -- . 00 1, 244 . 54
Check Total 1, 244 . 54
52739 12/21/04 000000280014
�`'_ CHECK NO. 052739
CONTROL NO. CHECK DATE VENDOR NO. /`-
Applied Films Corporation BANK ONE BOULDER,N.A.
BOULDER,CO 80302
95861-25 Frontage Road Phone:(303)774-3200
Longmont.CO 60504 FAX:(303)678-9275 23-101
1020
CHECK AMOUNT
ONE THOUSAND TWO HUNDRED FORTY-FOUR AND 54/100 DOLLARS
51 , 244 54
VOID AFTER 90 DAYS
.p+Y
- iE ST VRAIN SANITATION DISTRICT Applied Films Corporation
OnUER 11307 BUSINESS PARK CIRCLE
OF
LONGMONT CO 80504
II`0527391i• I: 10 200 10 1 7I: 10695 29 51O'
a2Qwest
August 24, 2004
Kris Hawkins
Applied Films
95861-25 Frontage Rd,Ste 200
Longmont,CO 80504
Dear Kris:
QWEST will provide service to your planned/proposed property in Longmont. Colorado. Said
property is the above address,being re-zoned from residence to commercial.
Provisioning the service will be in accordance with tariffs on file at the
Colorado Public Utilities Commission.
I will need a final plat with measurements,easements,addresses plan if additional engineering is
required.If there are any further questions,or if I can provide any assistance,please contact me
on 303-451-2712.
Sincerely,
7 R Hightower
'or Design Engineer
02/01/05 09:13 FAE 303 678 9275 APPLIED FILMS 0002
*NITRE° POWER.INC.
Po.Box 129,Brighton,CO 60101 • Telephone:3D3-859-0551 • 1.000-466.8609
Far 303.659.2172 • http://www.unitedpower.corn
January 13,2005
Kris Hawkins
Applied Films Corporation
9586 I-25 Frontage Rd. Ste.200
Longmont,CO 80504
Dear Kris:
United Power is ready, willing, and able to provide electric service to the proposed property,
located at Lot A,RE-1009,SW4 NW4 14-02-68 of the eh P.M.,Weld County,Colorado.
Service will be provided according to the rules, regulations, and policies in effect by United
Power at the time service is requested.
We look forward to this opportunity to provide electric service. If you have any questions,
please give me a call at 303-637-1254.
Sincerely,
UNITED POWER,INC.
Bill Meier
I-25 District Representative
BM:cb
Your Touchstone Energy Partner KU
-- -'- -•- ninim, Fins 003
IKINDEROAOINIAN
2/15'1005
Applied Films
95861-25 Frontage Rd,Ste 200
Longmont,CO 80504
Attu:Kris Bawlmms •
•
To Whom it May Consent
We received a request 1*inthrn ation on our nettled g ss Sake in the area of Lot A,RE-
1009,SW4 NW414-O -6E ont6e 611 Mgt.Weld Conot6,O)..Kinder Morgan n the
natural pa service provider is this atm. We enema*supply ps to this area mad ban
the capability of supply fudge development ha the aroe,vet ether it tecommemial or
neaidentiml.
If you brandishes isdme questions or concerns,please a sat*3 me et 303-763-3499.
5' . .,,
asp .'
Lon
KindaMorgan •
•
•
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
May r 26, 2005, 2005 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918
10' Street, Greeley, Colorado.
Members Present: Mike Miller, LaSalle FPD, Robert Fleck, St. Vrain Sanitation, Jerry Adams, ATMOS,
Don Somer, Qwest, Don Carroll, Public Works,
Also Present: Jacqueline Hatch, Department of Planning Services
CASE NUMBER: PZ-1059
APPLICANT: Applied Films Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1009; SW4 NW4 of Section 14, T2N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from (A)Agricultural to PUD with C-3 Business
Commercial Uses for one (1) lot.
LOCATION: East of and adjacent to CR 9 and 1-25 and approximately 1/2 mile north of
CR 20.
Jacqueline Hatch, Department of Planning Services, presented case PZ-1059. The services to the
proposed site will be provided by Central Weld County Water District, Kinder Morgan, United Power and
Qwest. There is 20' around the perimeter excluding the west side proposed.
Don Carroll, Public Works, asked if the use on the property will be changed. Todd Hodges, Todd Hodges
Design, indicated that use will stay the same. This is to allow for the change of zone, the application will
go through a site plan review in the future if the use changes. Mr. Carroll asked about a north south
easement running adjacent to the frontage road. Mr. Hodges stated that there is currently water in the
area since it is a future dedicated right-of-way and there are utilities are in the area. Mr. Carroll asked the
Utility Board what their regulations require with regards to easements adjacent to major roadways. Mr.
Carroll added there is a clear zone from the edge of the roadway which is 15 feet where CDOT will not
allow utilities to run.
Don Somer indicated he would like to see a 20 foot easement to get out of the right-of-way and stay away
from any future expansion. Mr. Hodges indicated the applicant would be agreeable to that request.
Jerry Adams indicated the Utility Board would like to see a 15 foot easement adjacent to the 50 foot
dedication of right-of-way per the plat.
Robert Fleck moved to approve based on the requested information. Don Somer seconded. Motion
carried.
CASE NUMBER: PF-570
APPLICANT: Olson Brothers LP
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2746; Pt of NE4 of Section 30, T4N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for PUD with 8 residential lots with E (Estate) uses, a 54.5 acre
agricultural outlot and 11.96 acres of common open space
LOCATION: South of and adjacent to CR 42; west of and adjacent to CR 15.
Jacqueline Hatch, Department of Planning Services, presented case PF-570. The services to the
proposed site will be provided by Little Thompson, Public Service, Qwest and individual sewer systems.
There is a 50 foot gas line easement running north and south under the proposed Willow Lane access.
Sinclair, the owner of the gas line, is willing to work out an agreement to allow utility easements to cross
the existing easement.
Jerry Adams asked about the property line between Lot 9 and outlot A and rather there is the willingness
to place the 10 foot easement on both sides to allow utilities to get from one cul-de-sac to the other. Mr.
Hodges stated that outlot A is opened for the use of utilities as noted. Mr. Adams stated the 10 foot
easement should be continued through. Mr. Hodges stated the purpose of lot 9 was to preserve as much
farm ground as possible. Lot 9 is intended to have a pivot so the least amount of easements is desired.
Don Carroll, Public Works, stated this has been done before with regards to the easements and open
spaces between developments. Are the utility companies using this and the locations need to be tracked
so there is record for maintenance if needed. Mr. Carroll added his only concern was the adjacent
properties in outlot A will only have easements on those parcels since this development is not proposing
easement on outlot A. Mr. Hodges stated there are notes indicating the outlots can be used for utilities.
Don Carroll, Public Works asked Ms. Hatch if a building was placed on any of the outlots would that be of
concern since the plat is labeled as utility. Ms. Hatch stated setbacks would need to be adhered to with
regards to the height of the building. Mr. Hodges added the intention is not to build but homeowners might
at a later date. Mr. Hodges stated that the applicant is offering more easement possibilities and if there is
ever a structure the homeowners will need to deal with this through planning and the affected utility
company.
Mr. Hodges stated that the intention is for oulot A to be a buffer zone but it could be built upon. Mr.
Adams indicated he is not comfortable with that since there is no setback to utilities not property lines. Mr.
Somer added the utility has senior rights to the building. Mr. Adams is not comfortable with someone
being able to build within the easement.
Todd Hodges suggested that the applicant can work out a perimeter easement around the bottom and
designate around the open space on the top where the water will go through and leave the middle open
incase there are any structures. The outlot will be for drainage and the easement could be taken from the
plat and the perimeter easements noted. Mr. Somer indicated he has no concerns with the outlot
easement language as is written but Mr. Adams is concerned.
Discussion ensued with regards to easement locations and the use of outlots for easements.
Todd Hodges suggested the perimeter easements be utilized for the safety and clarity of the lots and
possible future building in the outlot A. Mr. Hodges added that the PUD allows them some flexibility that
would be allowed through planning.
Robert Fleck added the easements around would be nice but there has not been any building in the
district in the outlots and has there been any communications with the East 1-25 Sanitation District. Mr.
Hodges stated that primary and secondary water has been designed into the project. Mr. Hodges stated
he is not sure if this falls within that East 1-25 boundary. Mr. Carroll stated that a master plan would be
helpful for specific corridors. Ms. Hatch stated the standard health note consisting of"if sewer is within
400 feet they must petition to be included and septic systems will not be granted" is included in the
comments.
Mike Miller, Evans Fire, added the perimeter easements are a good idea. That would make anyone who
wishes to build have to contact the affected utility agencies. Mr. Hodges suggests keeping it the way the
plat reads and deal with the utility issue when the PUD is applied for. The applicant is willing to the plat
either way with the outlots being used as utilities or the perimeter easements. Ms. Hatch suggested a
building envelope be put on outlot A but that is very suggestive of future possibilities.
Jerry Adams indicated it could be accepted as proposed with an additional note that Outlot A, if every built
within, needs to consult with the utiiltes that serve the area or motion to approve based on the addition of
20 foot perimeter easements and 10 foot side lot easement within outlot A.
Robert Fleck moved to approve with 20 foot perimeter easements and 10 foot side lot easements. There
was no second.
Mike Miller moved to accept the project as proposed with an additional note that should outlot A have
structures built on them they would need to consult the affected utility companies. Don Somer seconded.
Motion carried with Mr. Adams voting no.
Respectfully submitted,
Voneen Macklin
Secretary
MAY.19.2005 7:23AM USA SOLUTIONS NO.550 P. 1
•
INIT- II
POWER
FAX TRANSMITTAL.
May 18, 2005
TO: WELD COUNTY DEPARTMENT OF PLANNING SERVICES
CIO CHRIS GATHAM
Phone: 970-353-6100, EXT 3540
Fax; 970-304-6498
FROM: Al Trujillo, Senior Right Of Way Specialist
Phone; 303-637-1241
Fax: 303-637-1338
RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS
NAME OF SUBDIVISION FILING RECEIPT OF NOTICE
COMMENTS DUE
APPLIED FILMS P,U,D.� FINAL MAY 18, 2005 N/A
J
LOOKS GREAT FROM A RIGHT OF WAY PERSPECTIVE
SPRING II ' I 1IMEADOWS PUD PUD MAY 1'8;2005 N/A 11 . 1 11111 Lill M1_ 1111111 11_ 1111IIII ) _
SUBDIVISION LIES OUTSIDE OF OUR SERVICE TERRITORY
PLEASE LET ME KNOW IF I CAN BE OF FURTHER ASSISTANCE ON THIS MA ITER AND
THANKS AGAIN FOR YOUR HELP.
A CONSUMER OWNED UTILITY
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