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HomeMy WebLinkAbout20110465.tiff ....)111;:'a • Weld County Referral iiiiAugust-2-7-;-2010 .— C. • AUG 30 2010 COLORADO _-_ The Weld County Department of Planning Services has received the following item for review: Applicant Balmes Homes LLC Case Number CZ-1156 Defined Benefit Please Reply By IISeptember 26, 2010 Planner Michelle Martin Project Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone I District. Legal Outlot A of Highland Farms PUD being part NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 52; east of CR 3. Parcel Number 1467 05 201014 • 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature wc 21 c✓ -c------ r Date 9 - 20 - 1O Agency Px (J" (mac )AJOc aS i = EXHIBIT •:Weld County Planning Dept. +1555 N 17th Ave, Greeley,C 1 4 .3540 b•( 2011-0465 CA-II Jn V Weld County Planning Department GREELEY OFFICE MEMORANDUM SEP 227mn • REcEncw TO: Michelle Martin, Planning Services DATE: eptem er 2010 C. FROM: Heidi Hansen, P.E., Public Works Department) COLORADO SUBJECT: CZ-1156, Balmes Homes LLC Defined Benefit Weld County Public Works Department has reviewed these Change of Zone materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be resubmitted and other concerns or issues may arise during further review. Any issues of concern must be resolved with the Public Works Department prior to recording the Change of Zone. Comments: Access to the property shall be from Highway 52. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. The applicant has provided an approved Access Permit from CDOT for the proposed residential access. 1. Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and Utility Board requirements. 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for • controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 3. Please add the following note on the Final Plat: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. pc: CZ-1156 • Page I of I • M:\PLANNING-DEVELOPMENT REVIEW\2-Change of Zone(Z, CZ,PZ,MZ,AMPZ)\CZ-1156 Balmes Homes\CZ-1156 Balmes Homes.docx • Memorandum TO: Michelle Martin, W.C. Planning WIDATE: September 21, 2010 Noe, FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: CZ-1156 NAME: Balmes Homes The Weld County Health Department has reviewed this proposal. The applicant proposes one estate lot on 20 acres. The overall density of one septic system per 20 acres does meet current Department policy. Water will be supplied by Left Hand Water District. Sewer will be provided by an individual sewage disposal system. This Department recommends that language for the preservation and/or protection of the absorption field envelope shall be placed as a note on the change of zone and the final plat. • The note should state that activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site. The Department recommends approval with the following conditions, which should appear as notes on the change of zone and final plats: 1. Water service shall be obtained from Left Hand Water District 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. • • 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 5. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 6. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. 7. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the septic absorption field site. • • DEPARTMENT OF PLANNING SERVICES a:arg 1555 N 17`h Avenue GRHONE EY,(970 353ORADO 80631 • PHONE (970) 353-6100, EX. 3540 FAX(970) 304-6498 COLORADO DATI: IS ( 2O‘o Applicant: Balmes Homes LLC / Defined Benefit Project: Change of Zone from the A (Agricultural ) Zone District to the E (Estate) Zone District Case Number: CZ-1156 Parcel Number: 1467 05 201014 1. According to the information provided, no building permits are required at this time Regards, • Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 • Weld County Planning Department • St. Vramn Valley GREELEY OFFICE School District SEP 14 ?nin September 8, 2010 RECEIVED Michelle Martin Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Balmes Homes LLC Defined Benefit Change of Zone {Situate in the NW%of Section 5, T1 N, R 68W) Dear Michelle: Thank you for referring Balmes Homes LLC Defined Benefit Change of Zone to the School District. The District has reviewed the development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3) transportation/access considerations. Based on this review, and the District's school capacity benchmark policy the School District finds that it cannot support this proposed development at this time. The 125% Capacity Benchmark is expected to be exceeded at the elementary and middle school levels in this feeder and there is insufficient capacity to support this development. Capacity may be created at the elementary level in the fall of 2010 when Elementary 26 is scheduled to open. There is currently no plan to relieve the crowding at Erie Middle school in the near future. • Detailed information on the specific capacity issues, the land dedication requirements and transportation impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as new facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at kraqerud rvan(a)stvrain.k12.co.us or at the number below. S' an Kragerud, AICW Planning Specialist Enc.: Attachment A—Specific Project Analysis Cash-in-lieu chart • ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501. SCOTT TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344. ATTACHMENT A-Specific Project Analysis PROJECT: Balmes Homes LLC Defined Benefit Change of Zone • (1) SCHOOL CAPACITY The Board of Education has established a District-wide policy of reviewing new development projects in terms of the impact on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This determination includes both existing facilities and planned facilities from a voter-approved bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all other approved development projects for this feeder is noted in the chart below. CAPACITY INFORMATION CAPACITY BENCHMARK* (includes projected students,plus developments student impact) School Building Stdts. Stdt. 2010-11 2011-12 2012-13 2013-14 2014-15 Level Capacity Oct-09 Impact Stdts Cap. Stdts Cap. Stdts Cap. Stdts Cap. stdts cap. Elementary 635 751 1 815 128% 848 134% 871 137% 921 145% 983 152% Middle 532 494 0 538 101% 568 107% 610 115% 842 121% 668 126% High 726 699 0 760 105% 801 110% 825 114% 845 116% 870 120% Total 2496 1 2113 2217 2306 2408 2501 °students Iron,new housing are added according to a 5 year buildout of approved plats within the school feeder. Specific comments concerning this proposal regarding School Capacity are as follows: • Specific Impact: This application will create the potential to add 1 new dwelling unit with a potential impact of 1 additional student in the Erie Elementary, Erie Middle and Erie High School Feeder • Benchmark Determination—Erie Middle School and Erie High School are projected to exceed 125% of capacity in 5 years with students from this development. The School District is therefore not supporting this application at this time. • Additional Capacity Impacts-An additional elementarychool is available for the Erie area through the 2008 bond approval and is expected to open in 2011 depending on the availability of operating funds. • Mitigation Options—Weld County and the developer should also be aware that the School Board has developed • a mitigation policy that would assist in providing capacity for the new students in this subdivision. Under the policy, should an applicant wish to begin construction on a residential development prior to the District's ability to provide additional capacity, the applicant may mitigate the development's impact on the feeder by agreeing to a voluntary, per-unit payment. Funds would be used to provide permanent or temporary capacity within the impacted feeder. The Planning Department would be happy to discuss this type of mitigation for the proposal with either the town or developer. • Phasing Plan—The District would appreciate a phasing plan from the applicant to more accurately calculate the impacts of this development. (2) LAND DEDICATIONS AND CASH IN-LIEU FEES The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School Sites by Weld County requires that the applicant either dedicate land directly to the School District along with provision of the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL fees only provide funds for land acquisition, which is only a small component of providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows: • Dedication and/or Cash-in-lieu Requirements-The District does not anticipate the need for another school site in this area. Since no land dedication is required, CIL fees will be assessed. Current fees are included on the attached chart; however fees paid will be those in effect at the time of payment. • Number of Units covered by dedication/cash-in-lieu—All residential units will be subject to CIL fees. • Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are to be made to the St Vrain Valley School District Business Office—395 S. Pratt Parkway, Longmont, CO. 3)TRANSPORTATION/ACCESS Transportation considerations for a project deal with bussing and pedestrian access to and from the subdivision. Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to • schools and to minimize transportation costs. Specific comments for this application are as follows: • Provision of Busing- Busing for this project, under the current boundaries, would most likely be provided ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229. 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Z w iI �. 0 o o O oI c w EO c r C m a %' n 0 cc ti �° im d Ij ' mc a)(A '.W' F 03 N STATE OF COLORADO • COLORADO GEOLOGICAL SURVEY Department of Natural Resources OltPin 1313 Sherman Street, Room 715 Denver,Colorado 80203 Phone 303.866.2611 Fax 303.866.2461 DEPARTMENT OF NATURAL RESOURCES Bill Ritter,Jr. September 13,2010 Governor Mike King Michelle Martin Location: Executive Director Weld County Planning Dept. NW'/a Section 5, Vincent Matthews P Division Director and 1555 N. 17th Ave. TIN, R68W of the 6`h P.M. State Geologist Greely, CO 80631 Subject: CZ-1156 Highland Farms Weld County,CO; CGS Unique No. WE-11-0005 Dear Ms. Martin: Colorado Geological Survey has reviewed the Balmes Homes LLC Defined Benefit application to change the zoning of Highland Farms Outlot A from A (Agricultural)to E(Estate). CGS previously reviewed this site when it was submitted as case number AmPF-1045; our comments were presented in a letter dated May 13, 2010. Under AmPF-1045, the applicant proposed to amend the Highland Farms PUD Final Plat to • change Outlot A from a non-residential agricultural lot to a 20-acre estate residential lot, and to construct one single-family residence and septic system. CGS's previous comments remain valid: Potential geologic and geotechnical constraints. The site is underlain by eolian(wind-deposited) soils over Laramie Formation bedrock. Eolian soils often exhibit collapse under loading and wetting,and the Laramie is composed of potentially expansive shales and claystones interbedded with non-expansive sandstones, coal beds and lignites. A site-specific geotechnical investigation is required, once a building location is determined and prior to building permit application,to characterize subsurface conditions and address potential development constraints such as expansive bedrock, expansive and collapsible soils, and shallow groundwater/perched water conditions. ISDS. According to the NRCS Soil Survey, the site is somewhat limited in its suitability for conventional ISDS (septic tank absorption fields) due to low-permeability soils. Depending on the results of site-specific percolation testing required by the Weld County Department of Public Health and Environment, an engineered septic system may be required. Thank you for the opportunity to review and comment on this project. If you have questions or need clarification of issues identified during this review,please call me at(303) 866-2611 ext. 8316, or e-mail jill.carlson@state.co.us. Sincerely,�`�^�/f Jill arlson, C.E.G. . Engineering Geologist • WE-II-0005 I Highland Fartns.doc 10.21 AM,09/13/2010 Michelle Martin Oorom: Bilobran, Timothy[Timothy.Bilobran@DOT.STATE.CO.US] nt: Wednesday, September 01, 2010 8:45 AM : Michelle Martin Subject: CDOT Comment for CZ-1156 Morning Michelle, CDOT has no issues with the Balmes proposal. As the applicant indicated, he has already optained an access permit from CDOT for the additional house using the eastern access. Our ROW request is 100' from centerline of the highway, which looks to already be set aside. Please give me a call if you have any questions. Thanks. Tim Tim Bilobran CDOT Region 4 Assistant Access Manager, Utility Permits, and Outdoor Advertising Office- (970) 350-2163 Mobile- (970) 302-4022 Fax- (970) 350-2207 Timothy.Bilobrandot.state.co.us • • 1 Hello