HomeMy WebLinkAbout20081500.tiff CORRECTED RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1126, FROM A (AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH R-1 (LOW-
DENSITY RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3 (MEDIUM-DENSITY
RESIDENTIAL), R-4 (HIGH-DENSITY RESIDENTIAL), C-1 (NEIGHBORHOOD
COMMERCIAL), AND C-2 (GENERAL COMMERCIAL), 215 ACRES OF OPEN
SPACE, AND CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE
DEVELOPMENT OVERLAY DISTRICT (1,804 UNITS / 10 ACRES COMMERCIAL) -
HF HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 14th day of November, 2007, at 10:00
a.m. for the purpose of hearing the application of HF Holdings, LLC, 4 Inverness Drive East
#300, Englewood, Colorado 80112, requesting Change of Zone, PZ #1126, from the A
(Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with R-1 (Low-
Density Residential), R-2 (Duplex Residential), R-3 (Medium-Density Residential), R-4 (High-
Density Residential), C-1 (Neighborhood Commercial), and C-2 (General Commercial), 215
acres of open space, and continuing oil and gas production uses in the Mixed Use
Development Overlay District (1,804 units/10 acres Commercial), for a parcel of land located on
the following described real estate, to-wit:
S1/2 of Section 27; N1/2 NW1/4, E1/2 SW1/4, and
E1/2 of Section 34; NW1/4 NE1/4 of Section 3; all
in Township 3 North, Range 68 West; and part of
the NE1/4 of Section 3, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Julie Cozad, TetraTech, 1900 South
Sunset Street, Suite 1-F, Longmont, Colorado 80501, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld
County Planning Commission and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and
Chapter 19 (Coordinated Planning Agreements), Chapter 22
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(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision),
and Chapter 26 (Mixed Use Development) of the Weld County Code.
The proposed site is not influenced by an Intergovernmental Agreement.
The proposal is consistent with the aforementioned documents and refers
to the Filing Map delineated on Sheet 2 of the Waterfront at Foster Lake
PUD Change of Zone Plat as follows:
1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban
development in, or adjacent to, existing municipalities or the 1-25
Mixed Use Development area, and maintain urban growth
boundary areas that provide an official designation between future
urban and non-urban uses." The proposed PUD is located within
the Mixed Use Development (MUD) area, and within the three-
mile municipal referral area for the Towns of Mead, Frederick, and
Firestone and the Cities of Longmont and Dacono.
2) Section 22-2-110.D (UGB.Goal 4) states, "Whenever possible,
open space within urban development should be connected to
existing open space." The open space area on the south portion
of the property is adjacent to the St. Vrain State Park. Open
space is connected internally and is also interconnected with
developments to the north and future developments to the west
via greenway corridors and an internal trail network.
3) Section 22-2-230.A(MUD Goal 1) states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development area and urban development nodes, so as to
balance relevant fiscal, environmental, aesthetic, and economic
components of the area." The proposal assures that new
development will occur in such a manner as to maintain the
physical and ecological environment. Further, all applicable
standards and regulations, unless otherwise modified herein, of
Chapters 22, 23, 26, and 27 of the Weld County Code shall be
integrated in the design of the Final Plan.
4) Section 22-2-240.A (I-25.MUD.Goal 1) states, "Establish a sense
of community identity within the 1-25 Mixed Use Development area
by planning and managing residential, commercial, industrial,
environmental, aesthetic, and economic components of the area."
The land uses shown on the Change of Zone plat reflect the uses
shown on the Amended 1-25 MUD Structural Land Use Map 2.1,
dated January, 2007 (Appendix 26-Q).
5) Section 22-2-230.F (MUD.Goal 6) states, "The extraction of
minerals and oil and gas resources should conserve the land and
minimize the impact to Planned Unit Developments." As
proposed, the future oil and gas operations are limited to
approximately eleven locations within the open space and
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development. A recorded Memorandum of Surface Agreement
between Kerr-McGee Oil and Gas Onshore, LP, and Waterfront at
Foster Lake, LLC, dated June 13, 2007, exists for future drilling
operations located in Sections 27 and 34, Township 3 North,
Range 68 West of the 6th P.M., Weld County, Colorado. The
Conditions of Approval require a signed Final Surface Use
Agreement prior to submitting the initial Final Plat application, as
delineated on Sheet 2 of the Change of Zone plats.
6) Section 22-2-230.C (MUD.Goal 3) states, "Provide efficient and
cost-effective delivery of adequate public facilities and services
which assure the health, safety, and general welfare of the
present and future residents of the County and the area." The
applicant has signed agreements in place with the St. Vrain
Sanitation District and the Longs Peak Water District. The
Subdivision Service Agreement between the Water District and
the applicant was approved by the Longs Peak Water District on
July 12, 2007. The Subdivision Service Agreement between the
Sanitary District and the applicant was approved by the St. Vrain
Sanitation District on June 14, 2007. The Draft Service
Agreements were reviewed by the County Attorney's Office, which
indicated that the agreements submitted by the applicant are
adequate.
7) Section 22-2-260.D (I-25.MUD.T.Goal 2) states, "Promote a
pedestrian trail system to service transportation and recreation
purposes within the 1-25 Mixed Use Development area." The
Conditions of Approval ensure that a pedestrian connection will be
designed to link to the Kiteley Ranch at Foster Lake development
to the north, with the initial Final plat application. The applicant is
also required to establish a trail connection along Foster
Reservoir, as shown on Amended MUD Structural Land Use Map
2.1, dated January, 2007. Further, the applicant shall design it to
link with a trail connection to the Adler PUD (PZ-1071),
subdivision development adjacent to the west.
8) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and
coordinated county-wide street and highway system which moves
people and goods in a safe, economical, and efficient manner."
The Conditions of Approval ensure that the applicant shall
address the issues outlined by the Town of Mead and the Weld
County Department of Public Works, in the referrals dated August
16, 2007, and September 11, 2007, respectively.
9) Section 22-2-260.E (I-25.MUD.T.Goal 3) states, "New
development within the Mixed Use Development area shall
provide a mechanism for balancing relevant fiscal and economic
components of transportation systems." The applicant is in the
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process of updating the Traffic Impact Study (TIS) by Eugene
Coppola, P.E., submitted in August, 2006, incorporating the
review comments offered by Felsburg, Holt and Ullevig (FHU) in
November, 2006. This will be submitted with the initial Final Plat
application. Further, the applicant has received the updated
version of the Mead-Longmont-Weld County Sub-Area Report
prepared by FHU, dated July, 2007, and is utilizing the
recommendations from that report as guidance for roadway
planning and design in the study area, which includes the
Waterfront at Foster Lake project. The anticipated roadway
improvements to the surrounding roadway network, as well as
those directly related to the proposed Waterfront at Foster Lake
development, need to be clearly defined in the initial Final Plat
application materials. It is recommended in the FHU comments
that the developer provides a table of triggers and commitments
defining when each improvement will be required with each phase
of construction. The financial contribution draft documents of
Waterfront at Foster Lake for those improvements also need to be
determined and submitted with the initial Final plat application.
The applicant was approved for the Consolidated Service Plan on
August 29, 2007, for the maintenance obligations of improvements
within the PUD.
b. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone
District contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access standards
County Road 7, adjacent to the development, is within the Town of
Mead. The Conditions of Approval require a letter from the Town
indicating that an access permit onto County Roads 7, 28 and
26.5 has been obtained prior to recording the Change of Zone
plat. If that letter cannot be supplied, the applicant is required to
outline, in detail, all efforts that have been made to acquire
approval from the Town of Mead.
2) Section 27-2-40, Bulk requirements
The applicant has proposed a deviation from the Bulk
Requirements and allowed uses, as set out in the Weld County
Code, as follows:
a) The minimum setback from a road right-of-way shall be
twenty(20) feet.
b) The minimum backyard setback shall be twenty (20) feet
from the property line.
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c) The minimum side yard offset shall be five (5) feet from the
property line.
d) Encumbrances requested to be allowed in the side yard
setback area include the following: eaves, bay and box
windows, room projections and cantilevers, foundation
counterforts, brick ledges, air conditioning units and
concrete sidewalks and stoops may encroach up to two
and one-half (2.5) feet within these side setbacks,
measured from the foundation wall.
e) Encumbrances requested in the rear and front yard
setback area include the following: front-yard sidewalks,
front porch steps, back-yard patios, decks and back yard
air conditioning units shall be allowed within the setback.
Covered porches may extend into the rear setbacks a
minimum of ten (10)feet from the property line.
By Code, the minimum total width of easements adjacent to rear
and side yard lot lines is twenty (20) feet, equally proportioned on
abutting properties, and fifteen (15)feet in front yards for the utility
easement.
The minimum lot size shall be 6,050 square feet. This variance is
larger than the 6,000 square-foot lot allowed in the R-1 (Low-
Density Residential) Zone District in the Weld County Code.
The current agricultural uses, associated accessory structures,
and the habitable single family dwelling units may continue on the
properties until construction commences within the filing in which
the uses are located. This request is supported, so long as a
nuisance or derelict condition does not exist.
The commercial component seeks to provide a range of activities
and professional services, including stores and shops, furnishing
services, and merchandise to the general public, restaurants,
including drive-in restaurants; theaters, convention halls, and
other such facilities and structures, private or public, with seating
capacities not over 1,000 persons; establishments for the sale and
care of household pets; professional offices; establishments for
the repair and restoration of small electrical equipment and
appliances such as radios, television sets, business office
machines, and household appliances; private and commercial
recreational facilities; hospitals, nursing homes, retirement
centers, and mental or physical rehabilitation centers; community
pool and support facilities; and one microwave, commercial, radio,
television or other communication transmission or relay tower
seventy feet or less in height. All uses located within the
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Commercial Zone will be subject to a Site Plan Review, as
outlined in the Weld County Code.
The applicant has requested a multi-family (R-2, R-3, and R-4)
component in three areas within the development entitled to 12 to
14 du/ac to 14 to 16 du/ac.
Section 23-3-160.L.1.f of the Weld County Code requires a
three-hundred fifty (350) foot setback from any oil and gas
production facility within a Residential Zone District. The applicant
is requesting a 150-foot setback from wellheads, tank batteries,
separators, meter houses, and emission control devices for
existing and new facilities on the property, for residential and
commercial areas, and 350 feet from any structures classified as
assemblage occupancies.
The applicant does not have a finalized agreement with the
property's mineral owners; however the applicant and Kerr-McGee
Oil and Gas Onshore, LP, have a Memorandum of Surface
Agreement that was executed and recorded on June 13, 2007.
The Conditions of Approval require the submittal of a signed
agreement with the initial Final Plat application. This condition for
Change of Zone has been met with the Memorandum of Surface
Agreement.
The entryway signage consists of two (2) monument signs for
each primary access entrance and a single monument sign at the
recreational center and on County Road 26.5 south of the high
school. The Conditions of Approval require the applicant to
identify if signage can meet required setbacks and applicable sign
code.
3) Section 27-2-50, Circulation
Sections 22-2-220 and 26-2-30 of the Weld County Code require
an interconnected network of local streets. The Weld County
Department of Public Works has requested a connection to the
Mead Crossing development to the north, west of 1-25; and into
the Kiteley Ranch at Foster Lake PUD to the north, east of County
Road 7. Planning Services and Public Works strongly support
interconnectivity of developments because of the traffic benefits
derived by reducing trips on collectors adjacent to developments.
Pedestrian trails are similarly encouraged between developments
and amenities. The Conditions of Approval require the applicant
to show a connection between both of these developments on any
applicable Final Plat application materials. The applicant is also
required to dimension all rights-of-way for each impacted
individual Filing or Phase.
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4) Section 27-2-60, Common open space
As proposed, the site does meet the open space requirements of
Chapters 26 and 27 of the Weld County Code. The proposed
development has 215 acres of open space or thirty-six (36)
percent of the development in native grasses, and manicured turf
areas with a diverse plant material palette for coniferous and
deciduous plantings. Additionally, a clump and gap formed berm
traverses the property west of the 1-25 transportation corridor.
The landscape design for the site includes enhancement of
riparian areas within the river corridor and around the existing
ponds. Four park areas provide the development with a
structured or programmed neighborhood feel that is accessed by
the adjacent roadway pedestrian path and an internal trail system
that winds through the development connecting the parks and
children's playgrounds and adjacent developments to the north,
and allows for connections to the west.
Recreational uses in the parks and open spaces include active
uses such as lakeside activities, walking trails, a community
center with a neighborhood pool, changing facility, and a
community/meeting room, as well as passive uses such as trails
adjacent to the river corridor, upslope areas around the ponds,
and areas having native plantings.
Given the numerous ditches and physical encumbrances
associated with the conveyance of water, the Departments of
Planning Services and Public Works request that all easements
be placed on the plats, specifically easements for the Highland
Ditch Company, the Number 3 Outlet Ditch, the Sanborn
Reservoir Ditch Company, and their associated easement for
access, operation, maintenance, repair, and replacement. Prior to
submitting any Final plat subsequent to the initial Final plat
application [Filing I as delineated on Sheet 2 of the Change of
Zone drawing set], the applicant is required to provide an
agreement between the Highland Ditch Company, the Number 3
Outlet Ditch, and the Sanborn Reservoir Ditch Company.
5) Section 27-2-74, Conservation area
An important unifying component of the development is the natural
open space and native areas which will be enhanced and the
natural systems protected. Large greenways connecting to the St.
Vrain River and Foster Lake will serve not only as stormwater
drainage-ways for the control and detention of stormwater, but
have also been designed as natural wildlife corridors for wildlife
movement. Approximately 20 acres adjacent to the St. Vrain
River are within the 100-year floodplain and contain riparian
vegetation. The area is programmed to remain natural open
space, with the potential for passive recreational opportunities
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such as picnicking, bird watching, and etcetera. This area, once
remnant concrete and associated debris is removed, will remain
as a natural area and will connect to the upslope development
through the drainage channels which exist from Foster Lake south
to the river.
As has been stated, Waterfront at Foster Lake PUD is adjacent to
Foster [Lake] Reservoir and is impacted by non-jurisdictional
wetlands, floodplains and high water tables. The Weld County
Department of Public Works cited several major concerns that
require addressing, including off-site drainage, FEMA floodplain,
erosion issues, the Foster Lake dam, and the numerous irrigation
ditches located on the site.
On July 19, 2007, the Department of Public Works received a
Drainage Report prepared by Tetra Tech, dated July, 2007,
stamped and signed by Cameron Fowlkes, P. E. #39318.
Generally, the report addresses the issues, although additional
information or clarification is required from Tetra Tech.
The applicant submitted a HEC-1 analysis of the Foster Lake dam
break/overflow scenarios, entitled, "Hydrologic and Hydraulic
Analysis Proposed Spillway and Channel for the Highland No. 3
Reservoir Waterfront at Foster Lake SEODAMID 050135," dated
June 2007, stamped by Richard Joseph Tocher, P.E. 19305. The
Department of Public Works received the report July 19, 2007. For
completeness, the applicant shall provide all model calculations
and printouts from this report to the Department of Public Works
with the initial Final Plat application Master Drainage Report
submittal. The acceptance of this report shall be through the
Colorado Division of Water Resources, Dam Safety Branch. The
Department of Public Works requires a letter from the Colorado
Division of Water Resources, Dam Safety Branch, indicating its
final acceptance of the report.
Although jurisdiction over the Foster Lake dam lies with the State
Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch, the Department of Public Works requests
additional information, as the results of the dam break analysis
has implications for public safety in the proposed Waterfront PUD.
The information shall be submitted, reviewed, and conditionally
approved prior to submitting the Final Plat application for any
Filing downstream of the Foster Lake dam.
c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing, or future development of the surrounding
area, as permitted by the existing zoning, and with the future
development as projected by Chapter 22 of the Weld County Code or
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master plans of affected municipalities. The proposed PUD is located
within the Mixed Use Development (MUD) area, and within the three-mile
municipal referral area with the Towns of Mead, Firestone, and Frederick
and the Cities of Longmont and Dacono. The Town of Mead, in the
referral dated August 16, 2007, is opposed to this development being
approved as an unincorporated project, and requests that it be redirected
(annexed) to the Town to insure safe coordinated community
development. The Town of Firestone, in a verbal referral over the course
of a meeting with staff, requested consideration of a larger setback
between the river and the residential component adjacent to the river
corridor. The Town of Firestone further requested that should an
additional setback not be feasible, that the applicant consider limiting the
height of the residential structures adjacent to this area. The Town of
Frederick, in an email received September 12, 2007, stated the
Waterfront Lake PUD is outside of its planning boundary, therefore it had
no comments regarding the project at this time. The City of Longmont, in
the referral dated August 22, 2007, had several comments, specific to
urban development, floodplain, and trail corridors from Liberty Gulch and
Union Reservoir into the State park. The City of Dacono indicated no
conflicts with the proposal.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. The Weld County Department of Public Health and Environment
indicated the application has satisfied Chapter 27 of the Weld County
Code in regard to water and sewer service. The application states water
will be provided by the Longs Peak Water District. A Draft Water Service
Agreement has been included with the application. A non-potable water
system is planned for the parks and open space areas, as well as the
residential and commercial lots. Sewer service will be provided by the St.
Vrain Sanitation District. A Draft Service Agreement has been included
with the application.
The Board of County Commissioners, at a public hearing on August 29,
2007, approved the Consolidated Service Plan for Waterfront at Foster
Lake Metropolitan Districts Nos. 1, 2, and 3.
The Weld County Department of Public Health and Environment has
reviewed the proposal for 1,804 residential units, ten (10) acres of
planned commercial/retail zoning, a community center, a public pavilion
for community events, and various other active and passive recreational
uses (2 tot lots, fishing, non-motorized boating, lakeside activities, trails,
etcetera). The trail system plans to connect to the St. Vrain Middle and
High School site (off property) and Kiteley Farms at Foster Lake PUD.
The two pocket parks with tot lots will have enclosed portable toilets, and
the public pavilion and community center will be connected to the St.
Vrain Sanitation District. The picnic area (located within the 100-year
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floodplain boundary) is within walking distance to the park/tot lot in the
southern portion of the development. If the community center's pool will
be open to the public (memberships, swim meets for the high school
and/or middle school, etcetera), the facility will be subject to the Colorado
Department of Public Health and Environment Swimming Pool and
Mineral Baths (Swimming Pool) regulations. The commercial/retail uses
in the development will be subject to the Site Plan Review process once
they are identified. The Departments of Planning Services and Public
Health and Environment will conduct additional reviews of those uses at
the time of development.
There are existing homes with septic systems located on the property
(3203, 3826 and 3854 County Road 28). None of these septic systems
are documented. The Department understands that the system at 3854
County Road 28 will be abandoned. There is another very old residence
on the southern portion of the property that will also be abandoned
(address unknown). These septic systems must be properly abandoned
in accordance with Section 30-7-70. The homes at 3203 and 3826
County Road 28 are currently occupied and will remain so until that phase
of the development begins (approximately Phase 2); the septic systems
must be evaluated for adequacy for the time period that they will be
occupied. A fourth home with a septic system is located on the property
at 3042 County Road 28. This system has been documented under a
Statement of Existing, SE-0100120, and no further action is needed at
this time provided the system is functioning properly. This home is also
currently occupied and will remain so until approximately Phase 2 of the
development, when the septic system will be abandoned for the St. Vrain
Sanitation District sewer. These septic systems will also be required to
be abandoned in accordance with current regulations in effect at that
time.
e. Section 27-6-120.D.5.e -- Street or highway facilities providing access to
the property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. As previously indicated, the applicant is in the process of
updating the Traffic Impact Study (TIS) by Eugene Coppola, P.E.,
submitted in August, 2006, incorporating the review comments offered by
Felsburg, Holt and Ullevig (FHU) in November, 2006.
The applicant has received the updated version of the
Mead-Longmont-Weld County Sub-Area Report prepared by FHU, dated
July, 2007, and is utilizing the recommendations from that report as
guidance for roadway planning and design in the study area which
includes the Waterfront at Foster Lake project.
The traffic impacts of the proposed Waterfront PUD and the new High
School must be addressed in the TIS for the initial Final Plat submittal.
The County has concerns for public safety, due to the current
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configuration of the intersection of County Roads 7 and 26. This
intersection curve must be corrected prior to opening the new High
School in 2009. Although not formally submitted, Waterfront's engineer
has evaluated possible intersection upgrades that include a new
alignment with super-elevation to address the curve, and raising the
roadway with fill and box culverts to allow passage of Liberty Gulch peak
flows. An alternative design, wherein there is no intersection of these two
roads, has also been discussed. In this option, the southern end of
County Road 7 is terminated with a cul-de-sac, and the eastern end of
County Road 26 is terminated with a cul-de-sac. This second alternative
appears to be the safest and most economical approach, and should be
presented to the property owner immediately to the west of County Road
7, and incorporated into the development.
f. Section 27-6-120.D.5.f -- The Off-Site Road Improvements Agreement
and an On-Site Improvements Agreement proposals are in compliance
with Chapter 24 of the Weld County Code, and a Road Improvements
Agreement is complete and has been submitted, if applicable. The
anticipated roadway improvements to the surrounding roadway network,
as well as those directly related to the proposed Waterfront at Foster
Lake development, need to be clearly defined. It was recommended in
the FHU comments that the developer provides a table of triggers and
commitments defining when each improvement will be required with each
phase of construction with the initial Final Plat application and initial Final
Plat Phasing documents. The long term maintenance of the roads
surrounding the new High School (County Road 26.5) shall be addressed
between the Town of Mead and Weld County through an adopted
Intergovernmental Agreement.
g. Section 27-6-120.D.5.g -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Tetra Tech submitted a preliminary Geotechnical Due
Diligence Study for the Waterfront at Foster Lake Subdivision, stamped
by Patrick S. Carlin, P.E. 33289, dated April 26, 2006, and received by
the Department of Public Works on July 19, 2007. The Geotechnical
Study shows all areas tested within the site having low resistivity
(ohms/cm) soils; these soils are highly corrosive to metal, and special
consideration shall be given to metal pipes and concrete reinforcement.
Per analysis, ground water was observed 12 to 13 days after boring in 17
of the 18 bore holes. Special consideration must be taken to ensure
foundations and footers are not adversely affected by these ground water
findings.
A Geology Memorandum from Gary Linden, dated August 25, 2006, was
submitted to the Department of Planning Services. It indicated the gravel
and sand source rate is poor for this site. No lots or development are
planned in the low lying area adjacent to the St. Vrain River.
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A portion of the site is in close proximity of both the Foster Lake and St.
Vrain River floodplains. As stated in the applicant's Drainage Report, a
Letter of Map Revision (LOMR) and Conditional Letter of Map Revision
(CLOMR) will be required through the Federal Emergency Management
Agency (FEMA) to address this proposed situation. In the absence of a
FEMA-approved CLOMR that changes the location of the floodplain, the
County's Flood Hazard Development Permit (FHDP) will be required.
Building restrictions or prohibitions will apply to all residential lots in
floodplains. The applicant is also required to address the disposition of
both the Hay Seed and Highland Ditches, as they relate to stormwater
flows and conveyance through the Waterfront site, at the time of Final
Plat submission for any Filing that encompasses those ditches.
The applicant is also required to address off-site drainage, on-site
drainage, free board and setbacks from Foster Lake, channels, swales,
ponds, and possibly other conveyance features will be required. The
simulated dam break/overflow scenarios, including determination of peak
flow rates in the Clear Day Breach Channel and Dam Safety Branch,
have not been evaluated or accepted by the State Engineer's Office;
therefore, it is premature to comment on appropriate setbacks, channel
crossings, and other design issues related to the channel. The applicant
has been advised the Department of Public Works may have additional
concerns and requirements; however, these may not arise until review of
the comments from the State Engineer's Office and the Colorado Division
of Water Resources, Dam Safety Branch, on the proposed channel and
related facilities. All stormwater must be detained on the site and follow
the requirements of Section 24-7-130.D of the Weld County Code and
Code Ordinance #2006-7.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously.
WHEREAS, the original Resolution dated November 14, 2007, entitled, "RE: GRANT
CHANGE OF ZONE, PZ #1126, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH R-1 (LOW-DENSITY
RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3 (MEDIUM-DENSITY RESIDENTIAL), R-4
(HIGH-DENSITY RESIDENTIAL), C-1 (NEIGHBORHOOD COMMERCIAL), AND C-2
(GENERAL COMMERCIAL), 215 ACRES OF OPEN SPACE, AND CONTINUING OIL AND
GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT (1,804
UNITS / 10 ACRES COMMERCIAL) - HF HOLDINGS, LLC," is in need of correction as stated
herein.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of HF Holdings, LLC, for Change of Zone, PZ
#1126, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District, with R-1 (Low-Density Residential), R-2 (Duplex Residential), R-3 (Medium-Density
Residential), R-4 (High-Density Residential), C-1 (Neighborhood Commercial), and C-2
(General Commercial), 215 acres of open space, and continuing oil and gas production uses in
the Mixed Use Development Overlay District (1,804 units / 10 acres Commercial), on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide a letter from the Town of Mead indicating its
concerns have been addressed, specific to proposed location and
right-of-way widths for all internal and external roads. Written evidence of
such shall be provided to the Department of Planning Services
B. The applicant shall address the requirements and concerns of the St.
Vrain Valley School District, as stated in the referral response dated
August 15, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The plat shall be amended to include the following:
1) All sheets of the plat(s) shall be labeled PZ-1126.
2) The applicant shall adhere to the plat requirements in preparation
of the Change of Zone plat, per Section 23-2-690 of the Weld
County Code.
3) County Road 28 has been re-classified by the County utilizing the
updated version of the Mead-Longmont-Weld County Sub-Area
Report prepared by FHU, dated July, 2007. Utilizing the
recommendations from the report as guidance for roadway
planning and design in the study area, which includes the
Waterfront at Foster Lake project, the applicant shall verify the
existing right-of-way, and the documents creating the right-of-way
shall be noted on the Change of Zone plat. If the right-of-way
cannot be verified, it will be dedicated. This road is maintained by
Weld County.
4) County Road 26.5 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone
plat. If the right-of-way cannot be verified, it will be dedicated.
This road is maintained by the Town of Mead.
5) County Road 7 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
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PAGE 14
creating the right-of-way shall be noted on the Change of Zone
plat. If the right-of-way cannot be verified, it will be dedicated.
This road is maintained by the Town of Mead.
6) All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
7) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code, shall be delineated on
the plat.
8) The plat shall delineate the residential parcels adhering to the
Mitigation Design Criteria, as stipulated on Sheet 7 of the Change
of Zone Plat.
D. The Change of Zone is conditional upon the following and that each shall
be placed on the Change of Zone plat as notes prior to recording:
1) Change of Zone, PZ-1126, is from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District with
R-1 (Low-Density Residential), R-2 (Duplex Residential), R-3
(Medium-Density Residential), R-4 (High-Density Residential), C-1
(Neighborhood Commercial), C-2 (General Commercial), 215
acres of open space, and continuing oil and gas production uses
in the Mixed Use Development Overlay District (1,804 units/10
acres Commercial) - Waterfront at Foster Lake PUD, except as
indicated herein. The PUD will be subject to, and governed by,
the Conditions of Approval stated herein and as specifically
defined on the Change of Zone plat, Sheet 7 PUD Requirements,
and the Waterfront at Foster Lake Development Guide.
2) The Open Space Lots are non-buildable for residential structures
or structures providing habitable space.
3) Water service shall be obtained from the Longs Peak Water
District.
4) Sewer service shall be obtained from the St. Vrain Sanitation
District.
5) Permanent restroom and hand washing facilities shall be provided
within easy access of the public gathering areas.
6) Any abandoned septic system must comply with Section 30-7-70
of the Weld County Code. The applicant should contact the
Department of Public Health and Environment to update existing
septic permits for those systems that have been abandoned.
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7) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous
or non-contiguous land disturbance is greater than, or equal to,
one acre in area. The applicant shall contact the Water Quality
Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
8) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
9) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
10) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan,
submit an Air Pollution Emissions Notice, and apply for a permit
from the Colorado Department of Public Health and Environment.
11) A Homeowners' Association shall be established prior to the sale
of any lot. Membership in the Association is mandatory for each
parcel owner.
12) Metropolitan Districts have been established. The District shall
assume responsibility for the maintenance and operation of street
improvements which include without limitation, streets, curbs,
gutters, bridges, embankments, divider islands and medians,
cross-walks, cross-pans, traffic signals, and signage. To that end
the Districts may contract with third parties including any
homeowners association to fulfill the Districts' commitments for
such maintenance and operation.
13) The Southwestern Weld County Law Enforcement District shall be
established prior to the sale of any lot, or may be provided by
another approved agency or municipality.
14) Intersection sight distance triangles at the development entrance
will be required. All landscaping within the triangles must be less
then 3.5 feet in height at maturity.
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15) Installation of utilities shall comply with Section 24-9-10 of the
Weld County Code and requirements of the service providers.
16) No grading permits will be issued for this project without
submission and Weld County approval of erosion control and
sediment control plans prepared, stamped, and signed by a
professional engineer licensed to practice in Colorado. The
applicant is notified that land disturbance on one portion of this
site may require construction of temporary or permanent erosion
control and sediment control Best Management Practices on other
portions of the site.
17) A separate building permit shall be obtained prior to the
construction of any building.
18) A plan review is required for each building for which a building
permit is required. Commercial building plans shall bear a wet
stamp of a Colorado registered architect or engineer. Commercial
building plans require a Code Analysis Sheet, which is provided
by the Weld County Department of Building Inspection.
Residential building plans may be required to bear the wet stamp
of a Colorado registered architect or engineer.
19) Buildings shall conform to the requirements of the codes adopted
by Weld County at the time of permit application. Currently, Weld
County has adopted the following: 2006 International Building
Code, 2006 International Residential Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006
International Fuel Gas Code, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code, and to the Waterfront at
Foster Lake PUD Development Guide and Change of Zone, Sheet
7 PUD requirements.
20) Each building will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
21) Building heights are measured as described on the Change of
Zone plat, Sheet 7. Building height is measured from grade to
average height of the highest gable of a pitched or hipped roof in
all Zone Districts.
22) Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas will be reviewed at
the plan review. All setbacks are measured from the outside of
the foundation wall. Architectural elements may encroach 2.5 feet
into the side setbacks, and also into the front and rear setbacks,
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as defined on the Change of Zone plat, Sheet 7 PUD. In no event
will there be an encroachment into the Utility or Drainage
Easements, as stipulated in Chapter 27, Section 27-9-40, and
Chapter 24, Section 24-7-60, Easement Standards.
23) The applicant shall provide a letter of approval from the Mountain
View Fire Protection District prior to construction.
24) The minimum residential lot size shall be 6,050 square feet.
25) The minimum setback from the future road right-of-way for all
commercial properties is twenty-five (25)feet.
26) Amend Sheet 7 of the Change of Zone plat to reflect the following
Mitigation Design criteria to be met for all parcels adjacent to the
St. Vrain River Corridor. In lieu of height restrictions, as
stipulated, the following Mitigation Design Criteria shall be
imposed:
Colors: All occupied structures and accessory structures shall be
constructed and maintained so that predominant exterior wall
colors (including the colors of basement walls on the downhill side
of the structure) and roof surfacing materials; (a) repeat the colors
found most commonly in the land and vegetation around the
building (earth tone); and (b) have a light reflective value of no
more than forty (40) percent.
Reflective materials and bright colors that contrast dramatically
with the colors of the land and vegetation around them shall not
be used as predominant colors on any wall or roof surface.
Vegetation: The area around each primary structure and
accessory structure shall include at least one (1) tree of a species
with a mature height of at least thirty-five (35) feet, for each two
thousand five hundred (2,500) square feet of lot or parcel area;
provided, however, that this requirement shall not require any
single-family residential lot to contain more than eight (8) trees. At
least fifty (50) percent of the total number of trees required on the
lot or parcel shall be located within fifty (50) feet of the primary
structure facing the nearest viewing platform.
In addition, to the maximum degree feasible, during overlot
grading, all existing mature vegetation with a height of more than
three (3) feet, other than noxious plants and weeds, shall be
preserved. Any existing trees that meet the height requirement
are counted towards satisfaction of the tree requirement.
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Floodlighting: Floodlights shall not be used to light all or any
portion of any primary or accessory structure facade, and all
outdoor light sources mounted on poles, buildings or trees, or
other outdoor areas shall use full cutoff light fixtures. A full cutoff
light fixture is one in which no more than two and one-half (2.5)
percent of the total output is emitted at ninety (90) degrees from
the vertical pole or building wall on which it is mounted. All such
fixtures shall be installed or shielded so that part of the light bulb
or light source is not visible beyond the property boundaries.
27) The commercial component is limited to include: stores and
shops, furnishing services, and merchandise to the general public;
restaurants including drive-in restaurants; establishments for the
sale and care of household pets; professional offices;
establishments for the repair and restoration of small electrical
equipment and appliances such as radios, television sets,
business office machines, and household appliances; private and
commercial recreational facilities; private clinics for the dispensing
of medical advice or prescriptions; nursing homes, retirement
centers, and mental or physical rehabilitation centers; community
pool and support facilities; and one microwave, commercial, radio,
television or other communication transmission or relay tower
seventy feet or less in height.
28) In the Commercial Zone District, the maximum square footage is
limited to 100,000 square feet in area.
29) The building height is 35 feet for the two multi-family tracts (the
8.4 acre tract, adjacent to County Road 7, and north of the high
school site; and the 7.3 acre tract, north of County Road 28, and
west of Interstate 25). The multi-family parcel (13.6 acre tract,
north of the high school, and west of the Community Center) will
be allowed to have building heights of 45 feet. All other single
family residential lots are 35 feet in height.
30) Storage of vehicles or recreational vehicles shall only be allowed
inside garages.
31) Weld County's Right to Farm Statement, as delineated on this
plat, shall be recognized at all times.
32) The existing County Road 28 will be vacated at such time as the
new alignment of County Road 28 is dedicated, constructed,
accepted and open for public use. Weld County shall pursue the
vacation of existing County Road 28 in the most expeditious
manner pursuant to law governing the vacation of rights of way.
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33) Effective January 1, 2003, building permits issued on the
proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
34) Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
35) Oil and gas structures shall be fenced to avoid tampering, as
required by the COGCC, and will be the responsibility of the
facility owner.
36) The current hunting and fishing lease in place for the property will
expire May, 2008. Hunting will be allowed until the first building
permit is applied for, with no hunting activities permitted after that
time.
37) Except where noted on this plat, signs shall adhere to
Sections 23-4-80 and 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
38) Installation of utilities shall comply with Section 24-9-10 of the
Weld County Code.
39) Except where noted on the Change of Zone plat and the
Waterfront at Foster Lake Development Guide, the property owner
shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County
Code.
40) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services, state and
federal agencies, and adopted Weld County Code and policies.
41) No building permit shall be issued, until the Final Plat has been
approved and recorded. The applicant may pursue a grading
permit at their own risk prior to approval of the Final Plat.
42) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County
regulations.
43) The applicant shall comply with Section 27-8-50 of the Weld
County Code, as follows: Failure to submit a Planned Unit
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Development Final Plan - If a PUD Final Plan application is not
submitted within three (3) years of the date of the approval of the
PUD Zone District, the Board of County Commissioners shall
require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue
with the submission of the PUD Final Plan. The Board may
extend the date for the submission of the PUD Final Plan
application and shall annually require the applicant to demonstrate
that the PUD has not been abandoned. If the Board determines
that conditions or statements made supporting the original
approval of the PUD Zone District have changed, or that the
landowner cannot implement the PUD Final Plan, the Board of
County Commissioners may, at a public hearing, revoke the PUD
Zone District and order the recorded PUD Zone District to revert to
the original Zone District.
44) The parcels encumbered by oil and gas production uses and
setbacks from adjacent oil and gas production facilities are
designated non-buildable for structures having habitable space.
45) Future oil and gas production uses, as identified in the Master
Surface Use Agreement, or similar recorded document signed by
representatives of HF Holdings/Waterfront at Foster Lake, LLC, or
their successors, and Kerr-McGee Oil and Gas Onshore, LP, or
their successors, shall be afforded drilling of wells as a Use by
Right in all Zone Districts. Appropriate setbacks, offsets, and
building permits will be required.
2. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the
applicant shall submit a digital file of all drawings associated with the Change of
Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable).
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. At the time of the initial Final Plan submission:
A. The applicant shall submit written evidence from the Mountain View Fire
Protection District stipulating that there is adequate fire flow for all
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CHANGE OF ZONE #1126 FROM A(AGRICULTURAL) TO PUD - HF HOLDINGS, LLC
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residential areas within this development. Further, the evidence shall
include the fire flow analysis documents with a written sign-off from the
Fire Marshall for the Mountain View Fire Protection District.
B. The applicant shall submit written evidence of an accepted erosion
control plan from the Longmont Conservation District specific to buffer
areas adjacent to rivers, lakes, and ditches to protect against erosion.
C. The applicant shall submit written evidence from the Colorado Division of
Wildlife (CDOW) specific to buffer areas adjacent to rivers, lakes and
ditches regarding protection from impacts to wildlife, existing and
proposed vegetation, and disturbance including issues of noxious weeds.
D. The applicant shall submit written evidence addressing the stormwater or
non-point source contaminates that may not be adequately contained
within the development that may flow downhill into the St. Vrain River, per
the referral from the Colorado State Parks.
E. The applicant shall submit a finalized agreement with signatures from all
affected parties, including, at a minimum, Waterfront at Foster Lake, LLC,
or their assignees, and the St. Vrain Valley School District stipulating that
the Agreement to Mitigate the Impact on Schools has been reached.
F. The applicant shall submit a Final Phasing Plan for all Filings and Phases
of this development.
G. The applicant shall submit the road layout, including the road name
nomenclature, for review by all referral agencies and for preliminary
addressing of the subdivisions lots by Filing or Phase.
H. The applicant shall provide the Department of Planning Services with a
copy of the Restrictive Covenants, the Law Enforcement Authority, and
Homeowners' Association incorporation paperwork for Waterfront at
Foster Lakes PUD, for review by the Weld County Attorney's Office prior
to recording the Final Plat. Any changes requested by the Weld County
Attorney's Office shall be incorporated.
The applicant shall provide the Department of Planning Services with a
deed, for recording with the Final Plat, which documents the open space,
including those surface areas with oil and gas structures, are deeded to
the Metropolitan District. At the time it submits the Final Plat for
recording, the owner of the applicant shall provide the Department of
Planning Services with a copy of a deed which defines and conveys to
the appropriate homeowners association the open space, including those
surface areas with oil and gas structures which are shown on such Final
Plat. The deed will be recorded after the Final Plat is recorded.
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J. The applicant shall provide an Open Space/Landscape Plan, per
Section 24-3-50.G of the Weld County Code for review and approval.
K. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical, and species names, size at
installation, and any additional information deemed necessary.
L. The applicant shall submit a Re-vegetation Plan of all areas disturbed
during construction. The plan shall include information regarding plant
type, installation methods, and maintenance.
M. The applicant shall demonstrate how the proposed plant material will be
watered. Further, the applicant shall provide evidence that the tap from
Long's Peak Water District is permitted to provide irrigation water to the
landscaped areas.
N. The applicant shall submit a time frame for site construction, roads, parks,
and open space in accordance with Section 27-2-200 of the Weld County
Code.
O. The Weld County Building Technician will provide addresses at the time
of Final Plat. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriffs Office, Ambulance provider, and the Post Office for review.
Written evidence of approval shall be submitted to the Department of
Planning Services.
P. Page 2 of the applicant's submittal, the third sentence in the third
paragraph states, "Geology includes alluvial sands and gravel by the St.
Vrain River in the southern portion of the site." This statement does not
match the bore hole data presented in the Wassenaar Geotechnical
Report, dated April 26, 2006, and does not agree with the Tetra Tech
memorandum conclusions. The Tetra Tech RMC memorandum, dated
August 25, 2006, indicates that "Review of Colton and Fitch (1974)
indicates the low lying area adjacent to the St. Vrain River in the
southeast corner of the site is a potential source of sand and gravel.
However, exploratory drilling (Wassenaar, 2006) did not encounter sand
and gravel in this area. In addition, soils mapping by the U.S.D.A. (2006)
concludes that the site soils are a poor source of gravel." As foundation
requirements and control of groundwater may be impacted by the
subsurface conditions, the applicant shall reconcile these differences.
Q. Page 3 of the applicant's submittal include figures RA-2 and RA-6 of the
Urban Drainage Criteria Manual. The applicant shall identify the boundary
of the Waterfront Subdivision on these maps.
R. Page 4 and 5 of the applicant's submittal shall discuss in detail how the
Foster Lake dam breach path and spillway will safely convey flows
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through the subdivision. When accepted by the Colorado Division of
Water Resources, Dam Safety Branch, the applicant shall provide an
executive summary of the Hydrologic and Hydraulic Analysis Proposed
Spillway and Channel for the Highland No. 3 Reservoir Waterfront at
Foster Lake SEO DAMID 050135.
S. Several of the proposed detention ponds discharge into the Clear Day
Breach Channel. The applicant shall clarify whether these extra flows in
the channel have been accounted for in the Dam Breach Analysis.
T. Only one of the basins, D1 through D5 pond discussions, describe any
freeboard. The applicant shall show and discuss the freeboard of all the
detention ponds.
U. Detention Ponds 4 and 5 apparently are proposed to release directly into
the St. Vrain River. The applicant shall discuss, in detail, how these
outfalls will be protected during the 100-year flood flows.
V. In order that the Waterfront at Foster Lake Drainage Report is a stand-
alone document, the applicant shall explain, in more detail, the
Neighboring Flows, flow rate going into Foster Lake, and any flows
coming from the High School onto the Waterfront site. The applicant shall
include flow rate and safe conveyance of these flows through the site in
this discussion.
W. Page 6 of the applicant's submittal shall provide more detail on the
proposed underdrain system to contend with the high water table
identified within this site, as described by the Wassenaar Geotechnical
Report, dated April 26, 2006. The applicant shall indicate where this
system will discharge captured ground water.
X. For the Final Plat, in order that the Waterfront at Foster Lake Drainage
Report is a stand-alone document the applicant shall explain, in detail,
how the High School site detains, releases, and routes stormwater safely
through and around the Waterfront site. The applicant shall describe any
undetained areas within the school site and how they will affect the
waterfront neighboring flows.
Y. An individual (typical) lot grading plan will be required for each proposed
residential lot configuration. This plan shall show how each lot is graded,
providing for drainage between and along lot lines. For the Final Plat, the
applicant shall also include a minimum basement elevation for each lot,
and indicate what lots will not be able to have basements or crawl spaces
due to the high water table reported in the Wassenaar Geotechnical
Report, dated April 26, 2006.
Z. In the Final Plat submittal containing any ditches, the applicant shall show
the locations of the ditch accesses for maintenance, describe
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maintenance plans (who will mow, control weeds), and provide written
agreements between Waterfront and the ditch owners covering these
topics in the Final Plat submittal.
AA. National Pollutant Discharge Elimination System (NPDES) requirements
will dictate that the applicant obtain a Stormwater Discharge Permit from
the Colorado Department of Public Health and Environment. A copy of
this permit and a Best Management Practices Erosion Control Plan will be
required by the Department of Public Works as part of the Final Plan
submittal. No site grading will be permitted until these documents have
been submitted and reviewed.
AB. Site-specific water quality measures to be installed at specific locations
should be shown on the plans, rather than copies of measures available
from the Urban Drainage Manual and Boulder County. The applicant
shall include these water quality measures in the drawings for the Final
Plat submittal.
AC. All drainage facilities, including swales and pipes, must be in drainage
easements or in the rights-of-way shown on the Final plat. Proposed
detention ponds must be placed in a perpetual drainage easement, along
with an access easement to be secured and maintained to allow repair
and maintenance of the detention ponds and inundated areas.
AD. Appendix A: The applicant shall show the outer boundary of the
Waterfront Subdivision on the submitted Federal Insurance Rate Map
(FIRM).
AE. Appendix B: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document the applicant shall include all of the historic
Colorado Urban Hydrograph Procedure (CUHP) input and output data
sheets.
AF. Appendix B: Historic CUHP input - In order that the Waterfront at Foster
Lake Drainage Report is a stand-alone document the applicant shall
explain, provide calculations, and show maps or plans as to how all the
values for the spread sheet data were derived. The maximum percent
impervious for historic flows is two (2) percent, and the applicant shall
update and correct the calculations.
AG. Appendix C: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document the applicant shall indicate all off-site flows
around the Waterfront site.
AH. Appendix C: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document for the developed case CUHP - The applicant
shall include all of the developed CUHP input and output data sheets, and
explain, provide calculations, and show maps as to how all the values for
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the spread sheet data were derived.
Al. Appendix C: The proposed slope values appear to be too flat. The site
has elevations between 4,985 feet and 4,920 feet, or about sixty-five (65)
feet of fall across the site. The applicant shall provide the time of
concentration calculations and show the route on a map or plan. Any
basins less than 0.141 miA2 or 90 acres shall have the time of
concentration calculated when using CUHP.
AJ. Appendix C: The Manning 'n' values used in the Environmental
Protection Agency (EPA) Stormwater Management Model (SWMM) 5
appear to be low.
AK. Appendix C: The applicant shall include the 10-year developed storm
event calculation if culverts are to be proposed within the subdivision.
AL. Appendix C: The applicant shall show the 100-year storm event detention
pond volumes as acre feet.
AM. Appendix D: In the Waterfront at Foster Lake proposed drainage runoff
calculations spreadsheet, the applicant shall include more detail as to
how the 'C' factor values were derived by providing the amount of
roadways, sidewalks, driveways, house and garage roofs, and landscape
areas for each sub-basin and basin within the subdivision.
AN. Appendix D: The Basin H3 100-year composite 'C' value does not match
the drainage basin map. The applicant shall tabulate or explain the type
and locations of the sub-basin discharges.
AO. Appendix E: The applicant shall describe whether the Grass Buffer and
Grass Swales will be irrigated. If these drainage facilities will not be
irrigated, the applicant shall use a reduced Manning's 'n' value to more
accurately characterize these features which will be closer to bare soils
than grassed channels.
AP. Appendix E: The applicant shall explain and show where underdrains will
discharge.
AQ. Appendix E: Due to the increased maintenance, Weld County
recommends not using the Urban Drainage well screens in front of the
Water Quality Capture Volume (WQCV) plate. These well screens plug
very easily, creating a pond of water that can be a breeding ground for
mosquitoes. During the sizing of the holes for the WQCV plate, Weld
County recommends using as large a hole as possible with the fewer
columns.
AR. Drainage Plan Sub Basin Map: On Sheet 1 of the applicant's submittal,
the applicant shall label the contours so they are readable.
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AS. Drainage Plan Sub Basin Map: In order that the Waterfront at Foster
Lake Drainage Report is a stand-alone document the applicant shall
show, on a drawing, the time of concentration historical paths used to
determine the initial overland flow and the travel time for the time of
concentration calculations.
AT. Drainage Plan Sub Basin Map: The applicant shall include the flows from
the five (5) acre parcel in the middle of this project labeled: "This property
is not part of this development." Flows from this Anderson Outlot parcel
must be safely routed through the development. Waterfront is not
required to detain these outlot flows. Conceptually, these flows may be
assumed to pass through the detention ponds and over the emergency
weir, not through the pond's five (5) year historic release orifice plate.
AU. Drainage Plan Sub Basin Map: On Sheet 2 of the applicant's submittal,
the applicant shall show the detention ponds, and basins X and Y since
they are not detained and release directly into the St. Vrain River. The
applicant shall also show the detention pond outlet pipes and pond
overflow weirs for the St. Vrain Valley School District High School #7
parcel.
AV. Drainage Plan Sub Basin Map: On Sheets 3 through 11 of the submittal,
the applicant shall indicate the 100-year water surface elevation (WSEL),
emergency spillway weir and its elevation, outlet structures, and free
board elevation for all the detention ponds.
AW. Drainage Plan Sub Basin Map: The applicant shall show and label all the
existing oil and gas wells, plus show the drilling windows of all future
wells.
AX. Drainage Plan Sub Basin Map: The applicant shall label all residential lots
with an "A" or "B" lot designation and show how each of these lot types
will route the stormwater around and away from the homes and to the
street.
AY. Drainage Plan Sub Basin Map: Due to the presence of high ground water
in some areas, per the final Geotechnical Report, the applicant shall label
all residential lots as to being acceptable or unacceptable for basements,
crawl spaces, and/or walkout basements, and include a minimum
basement finished floor elevation.
AZ. Drainage Plan Sub Basin Map: The applicant shall provide a top of
foundation elevation for each lot ensuring one (1) foot of free board above
the maximum allowed street stormwater capacity for the 100-year storm
event. The depth of stormwater between houses also will need to be
considered.
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BA. Drainage Plan Sub Basin Map: The applicant shall show, on a drawing,
the time of concentration developed paths used to determine the initial
overland flow and the travel time for the time of concentration
calculations.
BB. Drainage Plan Sub Basin Map: The applicant shall label all roadways on
each drawing or map.
BC. Drainage Plan Sub Basin Map: the applicant shall label all low and high
points on all roadways.
BD. Drainage Plan Sub Basin Map: The applicant shall dimension all setbacks
from Foster Lake, channels, swales, ponds, and other conveyance
features throughout the drainage basins. Building envelopes may be
required.
BE. Geology Report: A Geology memorandum from Gary Linden, dated
August 25, 2006, was submitted to Weld County Department of Planning
Services. It indicated the gravel and sand source rate is poor for this site.
No lots or development are planned in the low lying area adjacent to the
Saint Vrain River. The applicant shall provide evidence of poor aggregate
materials on the site.
BF. Geology Report: The applicant shall discuss, and show in this report, the
future oil and gas production locations and how accesses to the existing
and future wells and tank batteries will be handled throughout the
subdivision.
BG. A Final Geotechnical Due Diligence Study for the Waterfront at Foster
Lake Subdivision, stamped by a Colorado registered engineer shall be
submitted at the time of Final Plan, specifically addressing the highly
corrosive soils and ground water table.
BH. Geotechnical Report: The applicant shall update text in the report which
does not match the Swell-Consolidation test results.
BI. Geotechnical Report: This report does not address slope stability on
Sheet 12 of the applicant's submittal. -For applicable areas, in Filings with
geotechnical concerns, the Final Plat submittal materials may need to
include geotechnical data and mitigating engineering designs.
BJ. Amend Geotechnical Report: A Final Geotechnical Study with pavement
design recommendations will be required to be submitted during the Final
Plat. A Geotechnical Report shall be submitted following overlot grading.
The report shall include data from drill borings along the centerline of all
proposed streets; borings should be spaced every 500 feet, or as
required by rapidly changing soil conditions.
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BK. The internal local road right-of-way shall be 60 feet in width, including
cul-de-sacs, with a 65-foot radius, and dedicated to the public. The
internal collector road right-of-way shall be 80 feet in width and dedicated
to the public.
BL. The Highland Ditch Company, the Highland No. 3 Reservoir (aka Foster
Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch
Company) must be appropriately labeled and dimensioned, including
setbacks, easements, and rights-of-way, along with proposed relocation
as required and as stipulated in the signed and recorded agreement.
BM. The final plat(s) shall be amended to accurately delineate any gathering
line easements for the existing oil and gas structures and all proposed
structures, along with proposed relocation, if necessary, as stipulated in
the signed and recorded agreement, prior to recording any final plat.
BN. The applicant shall be required to provide written and graphic evidence
from the School District and post office that the proposed mailbox location
and bus shelter plan meets their design standards and delivery
requirements for the mailbox facility and the proposed school drop off/pick
up location. Written evidence of compliance with their standards and
requirements shall be submitted to the Department of Planning Services.
Further, evidence shall be provided that each facility meets the intent of
the Americans with Disabilities Act (ADA) for access. The Department of
Building Inspection shall review the proposed structures for compliance
with all applicable codes, as warranted. Evidence of approval shall be
submitted to the Department of Planning Services.
BO. Any Final Plat abutting the Kiteley Ranch PUD or the Mead Crossings
commercial development shall delineate and identify the road
inter-connections from the Waterfront at Foster Lake PUD into Kiteley
Ranch at Foster Lake PUD (Pioneer Drive), and identify the connection
from the Waterfront at Foster Lake PUD into the Mead Crossings
Subdivision development (Highland Drive) adjacent to the north.
BP. The plat shall delineate a pedestrian connection to the Kiteley Ranch at
the Foster Lake PUD development to the north prior to recording the
Change of Zone plat.
BQ. Amended MUD Structural Land Use Map 2.1, dated January, 2007,
delineates plans for a trail connection along Foster Reservoir to the north.
A trail shall be established along the northeastern edge of the property
connecting to Pioneer Drive for the planned future regional trail system.
BR. A trail shall be established along the southwestern edge of the property
connecting to the Adler PUD, or successors of this platted subdivision of
land, for the planned future regional trail system.
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BS. The applicant shall remove all easements located off-site and outside of
the delineated property line, as the location is outside of their control.
BT. The applicant shall submit details of the proposed mailbox areas to the
appropriate postal district for review and approval. Any required changes
shall be indicated on the Final plat. Further, the applicant shall verify that
each facility meets the intent of the Americans with Disabilities Act (ADA)
for access.
BU. The applicant shall provide the Department of Planning Services with a
Sign Plan that conforms with Chapters 23, 26, and 27 of the Weld County
Code.
BV. At such time as the new County Road 28 construction is complete,
accepted and open for traffic, the applicant shall provide the Departments
of Public Works and Planning Services with a request to vacate a portion
of the existing County Road 28, west of 1-25 and east of County Road 7,
for review and approval by the Board of County Commissioners.
BW. The applicant shall address the following to the satisfaction of the Weld
County Department of Public Works. Evidence of such shall be submitted
to the Department of Planning Services:
1) The applicant is required to define the proximity of proposed lots
to both the Foster Lake and St. Vrain River floodplains. On the
drawings, it appears as though residential lots are proposed within
the St. Vrain River floodplain. As stated in the Drainage Report, a
LOMR and CLOMR will be required through FEMA to address this
proposed situation. In the absence of a FEMA-approved CLOMR
that changes the location of the floodplain, the County's Flood
Hazard Development Permit (FHDP) will be required. Building
restrictions or prohibitions will apply to all residential lots in
floodplains. Written evidence of such shall be provided to the
Department of Planning Services.
2) The applicant shall discuss the disposition of both the Hay Seed
and Highland Ditches as they relate to stormwater flows and
conveyance through the Waterfront site. Changes in use of
historic ditch rights-of-way will require written permission from the
ditch companies. Written evidence of such shall be provided to
the Department of Planning Services at the time of Final Plat
submission for any Filing that encompasses these ditches.
3) The off-site drainage basins that contribute flow to and across the
proposed Waterfront development are not depicted. These off-site
basins must be shown in the report. Offsite flows to the Waterfront
properties must be calculated under existing conditions; proposed
but un-constructed off-site drainage facilities do not currently exist,
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therefore cannot be assumed to reduce or re-direct off-site flows.
Written evidence of approval from the Department of Public Works
shall be provided to the Department of Planning Services.
4) Free board and setbacks from Foster Lake, channels, swales,
ponds and possibly other conveyance features will be required to
ensure public safety and to comply with FEMA regulations in
some cases. Building envelopes may be required. Written
evidence of the State Engineer's Office and the Department of
Public Works shall be provided to the Department of Planning
Services.
5) Given that the simulated dam break/overflow scenarios, including
determination of peak flow rates in the Clear Day Breach Channel
and Dam Safety Branch and the overflow design scenarios have
not been evaluated or accepted by the State engineer's Office
(SEO), it is premature to comment on appropriate setbacks,
channel crossings, and other design issues related to the channel.
The applicant is advised that the Weld County Public Works
Department may have additional concerns and requirements.
These issues may not arise until after the SEO and the Colorado
Division of Water Resources, Dam Safety Branch, comments on
the proposed channel, and related facilities have been reviewed
by the Department of Public Works. Written evidence of the
results by the SEO and the Department of Public Works shall be
provided to the Department of Planning Services.
6) On Sheet 3 of the applicant's submittal it appears the backs of the
lots north of A Street and Outlot B are not detained and discharge
directly into Foster Lake. On Sheets 4, 7, 9, and 11 it appears
that the flow arrows for Outlot C, basin H1, Outlot H, show these
areas are not detained and flow directly into the St. Vrain River.
All stormwater must be detained on the site and follow the
requirements per Section 24-7-130.D of the Weld County Code
and Code Ordinance #2006-7. The applicant shall explain how all
the flows within these areas are detained and provide written
acceptance of these flows by the owners of Foster Lake. All
stormwater detention facilities shall be designed to detain the
stormwater runoff from the fully developed subdivision from a
one-hundred-year storm and release the detained water at a rate
not to exceed the rate of a five-year storm falling on the
undeveloped site. Written evidence that this issue has been
addressed from the Department of Public Works shall be provided
to the Department of Planning Services.
7) On Sheet 5 of the applicant's drainage submittal the Commercial
area (10.0 acres) and Multifamily area (8.4 acres) flow arrows
indicate the flow going away from Detention Pond 1, and
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discharging along County Road 7 and the County road north of
the school site. All stormwater must be detained on the site and
follow the requirements, per Section 24-7-130.D of the Weld
County Code and Code Ordinance #2006-7. The applicant shall
explain how these flows will be detained. Written evidence from
the Department of Public Works that this issue has been
addressed shall be provided to the Department of Planning
Services.
8) On Sheet 6 of the drainage submittal the sub-basin H3 'C' factor
does not match the drainage report 'C' factor values. Written
evidence from the Department of Public Works that the applicant
has corrected the values shall be provided to the Department of
Planning Services.
9) The applicant shall provide an accurate determination of historic
flows, impacts, detention sizing, and channel width decisions; it is
important to understand how the 'C' factors were derived for
sub-basin, particularly basin H3. Written evidence of such shall
be provided to the Department of Planning Services.
10) The anticipated roadway improvements to the surrounding
roadway network, as well as those directly related to the proposed
Waterfront at Foster Lake development, need to be clearly
defined. It is recommended in the FHU comments that the
developer provide a table of triggers and commitments defining
when each improvement will be required with each phase of
construction. Further, the financial contribution of Waterfront at
Foster Lake to those improvements also needs to be determined.
Written evidence of acceptance by the Department of Public
Works shall be submitted to the Department of Planning Services.
5. Any Plat subsequent to initial the Final Plat:
A. The applicant shall submit written evidence of an agreement with the
Highland Ditch Company, specific to the redesign of the Highland No. 3
Reservoir, aka Foster Lake, dam, and spillway, and the relocation or
alternation of several interconnections, including the outlet works of the
reservoir.
B. The applicant shall submit written evidence of an agreement with the No.
3 Outlet Ditch Company, specific to the relocation and piping of the No. 3
Outlet Ditch, the redesign of the Highland No. 3 Reservoir, aka Foster
Lake, outlet works that directly feed the ditch, the interconnection with the
outlet from the Sanborn Reservoir, and, at a minimum, two headgates.
Further, crossing of the No.3 Ditch easement for roads, trails, and
recreational rights shall also be addressed in this agreement or a rider to
this agreement.
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C. The applicant shall submit written evidence of an agreement with the
Sanborn Reservoir Ditch Company, specific to the piping and relocation
of the outlet ditch from the Sanborn Reservoir and its interconnection with
the No. 3 Outlet Ditch.
D. The applicant shall dedicate the required right-of-way for the new
alignment, as approved by the Department of Public Works, for County
Road 28, west of 1-25 and east of County Road 7, for review and approval
by the Board of County Commissioners.
E. The existing County Road 28 will be vacated at such time as the new
alignment of County Road 28 is dedicated, constructed, accepted and
open for public use.
F. The applicant submitted a HEC-1 analysis of the Foster Lake dam
break/overflow scenarios, titled: Hydrologic and Hydraulic Analysis
Proposed Spillway and Channel for the Highland No. 3 Reservoir
Waterfront at Foster Lake SEODAMID 050135, dated June, 2007,
stamped by Richard Joseph Tocher, P.E. 19305. The Department of
Public Works received the report July 19, 2007. For completeness, all
model calculations and printouts from this report shall be provided to
Weld County with the Final Plat Drainage Report. The acceptance of this
Report shall be through the Colorado Division of Water Resources, Dam
Safety Branch. The Department of Public Works requires a letter from
the Colorado Division of Water Resources, Dam Safety Branch, indicating
final acceptance of the Report at a date uncertain.
G. Although jurisdiction over the Foster Lake dam lies with the State
Engineer's Office and the Colorado Division of Water Resources, Dam
Safety Branch, Weld County requests additional information, as the
implications of the dam break analysis has implications for public safety in
the proposed Waterfront PUD. The applicant shall discuss residential
setbacks from the breach point of Foster Lake and from the spillway
channel though the subdivision. Typically, dam break analyses include a
500-year simulation; however, the June, 2007, Hydrologic and Hydraulic
Analysis Proposed Spillway and Channel for the Highland No. 3
Reservoir Waterfront at Foster Lake SEODAMID 050135, did not include
analysis of the 500-year rain event. The applicant shall provide
simulation of the 500-year dam break event and show the calculations
and discuss how the numbers were derived.
H. A recent County inspection of the Foster Lake dam and spillway revealed
deteriorated concrete. The applicant shall provide results of geotechnical
investigations that address the structural integrity of these facilities. The
applicant shall also provide evidence that this information was conveyed
to the State Engineer's Office and the Colorado Division of Water
Resources, Dam Safety Branch. County concerns include the ability of
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the concrete wall around portions of Foster Lake to support lake-full
hydraulic pressure. The applicant shall also discuss the erosion stability
and lake management practices of the dam, wall, spillway, and lake shore
areas during lake-full periods when wave action or boating will potentially
cause additional erosion and damage to the wall and spillway structures.
Since the State Engineer's Office and the Colorado Division of Water
Resources, Dam Safety Branch, have not yet provided review of the
simulated dam break/overflow scenarios, adequate width, depth, flow
rates and capacity, and erosional stability of the Waterfront, proposed
overflow channel (Clear Day Breach Channel) cannot be assessed at this
time. To ensure public safety, Weld County will defer comment on the
design parameters of this channel until receiving written approval of the
adequacy of the designs presented in the June, 2007, Hydrologic and
Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3
Reservoir Waterfront at Foster Lake SEODAMID 050135 Report from the
State Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch.
6. Prior to recording the final plat:
A. The applicant shall submit written evidence to the Department of Planning
Services that all requirements of the St. Vrain Valley School District have
been completed.
B. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the Department of Public Works have
been addressed and resolved to the satisfaction of the Department.
C. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the State Engineers Office and the
Colorado Division of Water Resources, Dam Safety Branch, specific to
the dam, the proposed channel, and related facilities, have been
addressed and resolved to the satisfaction of the State Engineer's Office.
D. The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State showing the Homeowners'
Association has been formed and registered with the State.
E. The applicant shall submit evidence to the Department of Planning
Services that the Covenants have been approved by the County
Attorney's Office.
F. The applicant shall present a unanimous petition of all landowners and
residents of the Waterfront at Foster Lake PUD registered to vote in the
State of Colorado, thus qualifying the Development for inclusion into the
Southwestern Weld County Law Enforcement Authority (SWCLEA). A
LEA is a taxing unit with a maximum mill levy of 7.0 mills created for the
2008-1500
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CHANGE OF ZONE #1126 FROM A(AGRICULTURAL) TO PUD - HF HOLDINGS, LLC
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purpose of providing additional law enforcement by the County Sheriff to
the residents of the developed or developing unincorporated Weld
County. The revenues would be available initially to provide directed
patrols and eventually to provide additional deputies to carry out those
activities within the LEA. This is intended to offset the demand for law
enforcement generated by increased population densities.
G. Finalized covenants and the appropriate recording fee (currently $6.00 for
the first page and $5.00 for all others) shall be submitted to the Weld
County Department of Planning Services for recording at the Weld
County Clerk and Recorder's office.
H. The applicant shall provide the Department of Planning Services with an
application for the vacation of County Road 28 right-of-way with the
submittal of the Final Plat application materials.
The applicant shall submit the appropriate On-Site and Off-Site
Improvements Agreements and post the appropriate collateral for each
Phase or Filing. Collateral shall be reviewed and accepted by the Board
of County Commissioners.
J. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable).
K. The applicant shall submit evidence for inclusion into the Southwest Weld
County Law Enforcement Authority to the Department of Planning
Services.
7. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. Prior to the commencement of construction activities, stormwater erosion
control and sediment control Best Management Practices shall be in
place in accordance with approved permits, plans, Weld County Code,
and Urban Drainage Standards. Silt fences shall be maintained on the
down gradient portion of the site during all phases of the site construction.
C. The applicant shall provide a letter on letterhead from the Mountain View
Fire Protection District stating that all requirements have been met for
each Filing and/or Phase of this development.
D. Stormwater Best Management Practices shall be in place in accordance
with the Weld County Code and Urban Drainage Standards. Silt fences
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shall be maintained on the down gradient portion of the site during all
phases of the site construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
,,, .. WELD COUNTY, COLORADO
ATTEST: teS 4. jE 1 'LI th-r%i./
� 7 �/ �c!) Iliam H. Jerke, Chair
Weld County Clerk to the .. r. 4' 1,
'1861cf
sn,:. �,
i r''" o.ert Masden , P(o-Tem
BY: ,s_ � • •• '� _� .�.� /
Deputy Clerk to the Bo ; �(�jj -' - :
Willi , F. Garcia
APP D TO c cm c (C
�� David E. Long
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ounty Attorney �ou 9 cY�Z rn
Douglas'Rademac r
Date of signature: lJ-9-O?
2008-1500
PL1934
TETRA TECH
0
February 20, 2008
Bruce Barker, County Attorney
County Attorney's Office
915 10th Street
Greeley, CO 80631
RE: Resolution for Change of Zone, PZ#1126,Waterfront at Foster Lake
Dear Mr. Barker:
This letter addresses the final Resolution for the Change of Zone for Waterfront at Foster Lake.
The final Resolution had some minor errors in it and did not accurately reflect all of the
discussions during the Public Hearing on November 14, 2007. We have been diligently working
with the Weld County Departments of Planning and Public Works to rectify the Resolution, so
that it does accurately reflect what was agreed upon during the hearing.
A meeting was held on January 7, 2008 which included myself and Becky Eustice representing
Tetra Tech, Don Dunker and David Bauer from Weld County Public Works and Kim Ogle from
Weld County Planning. Some additional clarification is needed in regard to the Surface
0 Agreement for the oil and gas facilities on the property. Kim has indicated that the current
recorded agreement is sufficient for submittal of a Final Plat and satisfies Weld County's
requirements; however, the attached Resolution and current recorded Resolution do not reflect
this. We would appreciate it if you will clarify the matter in a response letter.
The attached Resolution has been modified to be a reflection of our collective understanding of
the accurate conditions of approval and narrative sections, as discussed during the Public
Hearing. We are requesting that the Resolution be amended to accurately reflect the minutes of
the hearing (attached), as provided to us by the Clerk to the Board and the proposed changes
from our meetings with Weld County.
Please contact me if there is anything further that you require. We appreciate working with you
on this project and your timely response.
Sincerely,
TETRA TECH INC
. /•ucle � � /
ACozad (
Land Planning Manager
cc: Linda Sweetman-King, TerraVisions
•
Kim Ogle, Planning Manager, Weld County Department of Planning Services
File
1900 5 Sunset Street.Suite I Longmont CO 80501
Tel 303772.5282 Fax 303 772 wvwv,tetratech.corn
CORRECTED RESOLUTION
RE: GRANT CHANGE OF ZONE,PZ#1126,FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT, WITH R-1 (LOW-DENSITY
RESIDENTIAL),R-2(DUPLEX RESIDENTIAL),R-3(MEDIUM-DENSITY RESIDENTIAL),
R-4(HIGH-DENSITY RESIDENTIAL),C-1 (NEIGHBORHOOD COMMERCIAL),AND C-2
(GENERAL COMMERCIAL),215 ACRES OF OPEN SPACE, AND CONTINUING OIL AND
GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT
(1,804 UNITS/10 ACRES COMMERCIAL)-HF HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 14th day of November,2007,at 10:00 a.m.for
the purpose of hearing the application of HF Holdings, LLC, 4 Inverness Drive East #300,
Englewood,Colorado 80112,requesting Change of Zone,PZ#1126,from the A(Agricultural)Zone
District to the PUD(Planned Unit Development)Zone District,with R-1(Low-Density Residential),R-
2 (Duplex Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential),
C-1 (Neighborhood Commercial), and C-2(General Commercial),215 acres of open space, and
continuing oil and gas production uses in the Mixed Use Development Overlay District
(1,804 units/10 acres Commercial), for a parcel of land located on the following described real
estate,to-wit:
S1/2 of Section 27; N1/2 NW1/4, E1/2 SW1/4, and
E1/2 of Section 34; NW 1/4 NE1/4 of Section 3;all in
Township 3 North, Range 68 West; and part of the
NE1/4 of Section 3, Township 2 North, Range 68
West of the 6th P.M.,Weld County, Colorado
WHEREAS,the applicant was represented by Julie Cozad,TetraTech, 1900 South Sunset
Street,Suite 1-F, Longmont, Colorado 80501,and
WHEREAS, the original Resolution #2007-3255,dated November 14,2007, is in need of
correction as stated herein,and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone,and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
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2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents and refers to the Filing Map delineated on Sheet
2 of the Waterfront at Foster Lake PUD Change of Zone Plat as follows:
1) Section 22-2-110.6 (UGB.Goal 2) states, "Concentrate urban
development in, or adjacent to, existing municipalities or the I-25
Mixed Use Development area,and maintain urban growth boundary
areas that provide an official designation between future urban and
non-urban uses." The proposed PUD is located within the Mixed Use
Development(MUD)area,and within the three-mile municipal referral
area for the Towns of Mead, Frederick,and Firestone and the Cities
of Longmont and Dacono.
2) Section 22-2-110.D(UGB.Goal 4)states,"Whenever possible,open
space within urban development should be connected to existing
open space." The open space area on the south portion of the
property is adjacent to the St. Vrain State Park. Open space is
connected internally and is also interconnected with developments to
the north and future developments to the west via greenway corridors
and an internal trail network.
3) Section 22-2-230.A(MUD Goal 1) states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development area and urban development nodes,so as to balance
relevant fiscal,environmental,aesthetic,and economic components
of the area." The proposal assures that new development will occur
in such a manner as to maintain the physical and ecological
environment. Further, all applicable standards and regulations,
unless otherwise modified herein,of Chapters 22,23,26,and 27 of
the Weld County Code shall be integrated in the design of the Final
Plan.
4) Section 22-2-240.A(I-25.MUD.Goal 1)states,"Establish a sense of
community identity within the 1-25 Mixed Use Development area by
planning and managing residential, commercial, industrial,
environmental, aesthetic, and economic components of the area."
The land uses shown on the Change of Zone plat reflect the uses
shown on the Amended 1-25 MUD Structural Land Use Map 2.1,
dated January,2007(Appendix 26-Q).-Tho Conditions of Approval
Use Map 2.1,dated January, 2007,, after the initi^ Fi^ ,.^`�'''nq
5) Section 22-2-230.F(MUD.Goal 6)states,'The extraction of minerals
and oil and gas resources should conserve the land and minimize the
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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impact to Planned Unit Developments." As proposed,the future oil
and gas operations are limited to approximately eleven locations
within the open space and development. A recorded Memorandum
of Surface Agreement between Kerr-McGee Oil and Gas Onshore,
LP,and Waterfront at Foster Lake,LLC,dated June 13,2007,exists
for future drilling operations located in Sections 27 and 34,
Township 3 North, Range 68 West of the 6th P.M., Weld County,
Colorado. The Conditions of Approval require a signed Final Surface
Use Agreement prior to submitting the initial Final Plat application,as
delineated on Sheet 2 of the Change of Zone plats.
6) Section 22-2-230.C (MUD.Goal 3) states, "Provide efficient and
cost-effective delivery of adequate public facilities and services which
assure the health, safety, and general welfare of the present and
future residents of the County and the area." The applicant has
signed agreements in place with the St.Vrain Sanitation District and
the Longs Peak Water District. The Subdivision Service Agreement
between the Water District and the applicant was approved by the
Longs Peak Water District on July 12, 2007. The Subdivision
Service Agreement between the Sanitary District and the applicant
was approved by the St.Vrain Sanitation District on June 14,2007.
The Draft Service Agreements were reviewed by the County
Attorney's Office,which indicated that the agreements submitted by
the applicant are adequate.
7) Section 22-2-260.D (I-25.MUD.T.Goal 2) states, "Promote a
pedestrian trail system to service transportation and recreation
purposes within the I-25 Mixed Use Development area." The
Conditions of Approval ensure that a pedestrian connection will be
designed to link erected to the Kiteley Ranch at Foster Lake Formatted:Strikethrough
development to the north, with the initial - {Formatted:Strikethrough
Final plat application Change of Zone plat. The applicant is also {ceteted:recording
required to establish a trail connection along Foster Reservoir, as
shown on Amended MUD Structural Land Use Map 2.1, dated Formatted:Font:(Default)Anal
January, 2007. Further, the applicant shall design it to link with (Wl),Strikethrough
provide a trail connection to the Adler PUD(PZ-1071)sand Newby {Formatted:Strikethrough
Farms PUD (PK_1138), subdivision development adjacent to the - Formatted:Font(Default)Anal
west. ((W1),Strikethrough
8) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and
coordinated county-wide street and highway system which moves
people and goods in a safe,economical,and efficient manner." The
Conditions of Approval ensure that the applicant shall address the
issues outlined by the Town of Mead and the Weld County
Department of Public Works,in the referrals dated August 16,2007,
and September 11,2007, respectively.
9) Section 22-2-260.E(l-25.MUD.T.Goal 3)states, "New development
within the Mixed Use Development area shall provide a mechanism
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 4
for balancing relevant fiscal and economic components of
transportation systems." The applicant is in the process of updating
the Traffic Impact Study(TIS)by Eugene Coppola,P.E.,submitted in
August, 2006, incorporating the review comments offered by
Felsburg, Holt and Ullevig (FHU) in November, 2006. This will
¢hould be submitted with the completed prior to recording the - {Formatted:Strikethrough
Ghange-of-Zone initial Final Plat application. Further,the applicant {Formatted:Strikethrough
has received the updated version of the Mead-Longmont-Weld Fo malted:Font(Default)An al
County Sub-Area Report prepared by FHU,dated July,2007,and is (W1),Strikethrough
utilizing the recommendations from that report as guidance for Formatted:Strikethrough
roadway planning and design in the study area, which includes the -
Waterfront at Foster Lake project. The anticipated roadway
`Formatted:Font:(Default)Arial�
(W1),Strikethrough
improvements to the surrounding roadway network,as well as those
directly related to the proposed Waterfront at Foster Lake
development, need to be clearly defined in the initial Final Plat
application materials for the Change of Zono. It is recommended in Formatted:Font:(Default)Arial 1
the FHU comments that the developer provide a table of triggers and .(W1),Strikethrough J
commitments defining when each improvement will be required with
each phase of construction. The financial contribution draft
documents of Waterfront at Foster Lakeforthose improvements also --(Deleted:to
need, to be determined and submitted with the initial Final plat. The -(Deleted:s
application. . r to rcccrding tho C.,ango of Zon^a—Fm's _ - -: -
applicant was approved for the Consolidated Service Plan on - Formatted:Font:(Default)Arial
(WS),Strikethrough
August 29, 2007,for the maintenance obligations of improvements
within the PUD.
b. Section 27-6-120.D.5.b —The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27,Article II,of the Weld County Code.
1) Section 27-2-20,Access standards
County Road 7, adjacent to the development, is within the Town of
Mead. The Conditions of Approval require a letter from the Town
indicating that an access permit onto County Roads 7, 28 and 26.5
has been obtained prior to recording the Change of Zone plat. If that
letter cannot be supplied,the applicant is required to outline,in detail,
all efforts that have been made to acquire approval from the Town of
Mead.
2) Section 27-2-40, Bulk requirements
The applicant has proposed a deviation from the Bulk Requirements
and allowed uses,as set out in the Weld County Code,as follows:
a) The minimum setback from a road right-of-way shall be
twenty(20)feet.
b) The minimum backyard setback shall be twenty(20)feet from
the property line.
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c) The minimum side yard offset shall be five(5)feet from the
property line.
d) Encumbrances requested to be allowed in the side yard
setback area include the following: eaves, bay and box
windows, room projections and cantilevers, foundation
counterforts,brick ledges,air conditioning units and concrete
sidewalks and stoops may encroach up to two and one-half
(2.5) feet within these side setbacks, measured from the
foundation wall.
e) Encumbrances requested in the rear and front yard setback
area include the following: front-yard sidewalks,front porch
steps,back-yard patios,decks and backyard air conditioning
units shall be allowed within the setback. Covered porches
may extend into the rear setbacks a minimum of ten(10)feet
from the property line.
By Code,the minimum total width of easements adjacent to rear and
side yard lot lines is twenty(20)feet,equally proportioned on abutting
properties,and fifteen(15)feet in front yards for the utility easement.
The minimum lot size shall be 6,050 square feet. This variance is
larger than the 6,000 square-foot lot allowed in the R-1 (Low-Density
Residential)Zone District in the Weld County Code.
The current agricultural uses,associated accessory structures,and
the habitable single family dwelling units may continue on the
properties until construction commences within the filing in which the
uses are located. This request is supported,so long as a nuisance
or derelict condition does not exist.
The commercial component seeks to provide a range of activities
and professional services, including stores and shops, fumishing
services, and merchandise to the general public, restaurants,
including drive-in restaurants;theaters, convention halls, and other
such facilities and structures,private or public,with seating capacities
not over 1,000 persons; establishments for the sale and care of
household pets; professional offices; establishments for the repair
and restoration of small electrical equipment and appliances such as
radios, television sets, business office machines, and household
appliances;private and commercial recreational facilities;hospitals,
nursing homes, retirement centers, and mental or physical
rehabilitation centers;community pool and support facilities;and one
microwave, commercial, radio, television or other communication
transmission or relay tower seventy feet or less in height. All uses
located within the Commercial Zone will be subject to a Site Plan
Review,as outlined in the Weld County Code.
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The applicant has requested a multi-family (R-2, R-3, and R-4)
component in three areas within the development entitled to 12 to 14
du/ac to 14 to 16 du/ac.
Section 23-3-160.L.1.f of the Weld County Code requires a
three-hundred fifty(350)foot setback from any oil and gas production
facility within a Residential Zone District. The applicant is requesting
a 150-foot setback from wellheads,tank batteries,separators,meter
houses,and emission control devices for existing and new facilities
on the property,for residential and commercial areas,and 350 feet
from any structures classified as assemblage occupancies.
The applicant does not have a finalized agreement with the property's
mineral owners;however the applicant and Kerr-McGee Oil and Gas
Onshore, LP, have a Memorandum of Surface Agreement that was
executed and recorded on June 13, 2007. The Conditions of
Approval require the submittal of a signed agreement with the initial
Final Plat applicationprior to acceptance of the Final Plat application. Formatted:Font:(Default)Arial
This condition for Change of Zone has been met with the (Wt),Strikethrough
Memorandum of Surface Agreement.
The entryway signage consists of two(2)monument signs for each
primary access entrance and a single monument sign at the
recreational center and on County Road 26.5 south of the high
school. The Conditions of Approval require the applicant to identify if
signage can meet required setbacks and applicable sign code.
3) Section 27-2-50, Circulation
Sections 22-2-220 and 26-2-30 of the Weld County Code require an
interconnected network of local streets. The Weld County
Department of Public Works has requested a connection to the Mead
Crossing development to the north,west of 1-25;and into the Kiteley
Ranch at Foster Lake PUD to the north, east of County Road 7.
Planning Services and Public Works strongly support
interconnectivity of developments because of the traffic benefits
derived by reducing trips on collectors adjacent to developments.
Pedestrian trails are similarly encouraged between developments
and amenities. The Conditions of Approval require the applicant to
show a connection between both of these developments prier-to _ (Fomratted:Font:(Default)Aral
recordingpn any applicable Final Plat application materials.Change l(W1),Strikethrough _.
of Zone plat. The applicant is also required to dimension all {Deleted:the 9
rights-of-way for each impacted individual Filing or Phase prier-to Formatted:Font:(Default)Arial 1
(W1),Strikethrough
{Deleted:prior
4) Section 27-2-60, Common open space Formatted:Font:(Default)Anal
As proposed, the site does meet the open space requirements of L(w1),Strikethrough
Chapters 26 and 27 of the Weld County Code. The proposed
development has 215 acres of open space or thirty-six(36)percent
of the development in native grasses,and manicured turf areas with
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 7
a diverse plant material palette for coniferous and deciduous
plantings. Additionally,a clump and gap formed berm traverses the
property west of the I-25 transportation corridor. The landscape
design for the site includes enhancement of riparian areas within the
river corridor and around the existing ponds. Four park areas provide
the development with a structured or programmed neighborhood feel
that is accessed by the adjacent roadway pedestrian path and an
internal trail system that winds through the development connecting
the parks and children's playgrounds and adjacent developments to
the north, and allows for connections to the west.
Recreational uses in the parks and open spaces include active uses
such as lakeside activities,walking trails,a community center with a
neighborhood pool, changing facility, and a community/meeting
room, as well as passive uses such as trails adjacent to the river
corridor, upslope areas around the ponds, and areas having native
plantings.
Given the numerous ditches and physical encumbrances associated
with the conveyance of water,the Departments of Planning Services
and Public Works request that all easements be placed on the plats,
specifically easements for the Highland Ditch Company, the
Number 3 Outlet Ditch,the Sanbom Reservoir Ditch Company,and
their associated easement for access, operation, maintenance,
repair, and replacement. Prior to submitting any Final plat
subsequent to the initial Final plat application (Filing I as delineated
on Sheet 2 of the Change of Zone drawing set), the applicant is
required to provide an agreement between the Highland Ditch
Company, the Number 3 Outlet Ditch, and the Sanborn Reservoir
Ditch Company. The applicant is also required to provide an - Formatted:Font:(Default)Arial
agreoment with tho owner of the property north of the site for the l(W1),Strikethrough
relocation of the-irrigation ditch serving lho property prior to Formatted:Font:(Default)Arial
(W1),Strikethraugh
5) Section 27-2-74,Conservation area
An important unifying component of the development is the natural
open space and native areas which will be enhanced and the natural
systems protected. Large greenways connecting to the St. Vrain
River and Foster Lake will serve not only as stormwater
drainage-ways for the control and detention of stormwater,but have
also been designed as natural wildlife comdors for wildlife movement.
Approximately 20 acres adjacent to the St.Vrain River are within the
100-year floodplain and contain riparian vegetation. The area is
programmed to remain natural open space, with the potential for
passive recreational opportunities such as picnicking,bird watching,
and etcetera. This area, once remnant concrete and associated
debris is removed,will remain as a natural area and will connect to
the upslope development through the drainage channels which exist
from Foster Lake south to the river.
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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As has been stated, Waterfront at Foster Lake PUD is adjacent to
Foster [Lake] Reservoir and is impacted by non-jurisdictional
wetlands, floodplains and high water tables. The Weld County
Department of Public Works cited several major concerns that
require addressing, including off-site drainage, FEMA floodplain,
erosion issues, the Foster Lake dam, and the numerous irrigation
ditches located on the site.
On July 19, 2007, the Department of Public Works received a
Drainage Report prepared by Tetra Tech,dated July,2007,stamped
and signed by Cameron Fowlkes, P. E. #39318. Generally, the
report addresses the issues, although additional information or
clarification is required from Tetra Tech.
The applicant submitted a HEC-1 analysis of the Foster Lake dam
break/overflow scenarios, entitled, "Hydrologic and Hydraulic
Analysis Proposed Spillway and Channel for the Highland No. 3
Reservoir Waterfront at Foster Lake SEODAMID 050135," dated
June 2007, stamped by Richard Joseph Tocher, P.E. 19305. The
Department of Public Works received the report July 19, 2007. For
completeness,the applicant shall provide all model calculations and
printouts from this report to the Department of Public Works with the
initial Final Plat application Master Drainage Report submittal. The
acceptance of this report shall be through the Colorado Division of
Water Resources, Dam Safety Branch. The Department of Public
Works requires a letter from the Colorado Division of Water
Resources,Dam Safety Branch,indicating its final acceptance of the
report.
Although jurisdiction over the Foster Lake dam lies with the State
Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch, the Department of Public Works requests
additional information,as the results of the dam break analysis has
implications for public safety in the proposed Waterfront PUD. The
information shall be submitted,reviewed,and conditionally approved
prior to submitting the Final Plat application for any Filing
downstream of the Foster Lake dam.
c. Section 27-6-120.D.5.c--The uses which will be permitted will be compatible
with the existing,or future development of the surrounding area,as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The proposed PUD is located within the Mixed Use
Development(MUD)area,and within the three-mile municipal referral area
with the Towns of Mead, Firestone, and Frederick and the Cities of
Longmont and Dacono. The Town of Mead,in the referral dated August 16,
2007,is opposed to this development being approved as an unincorporated
project, and requests that it be redirected(annexed)to the Town to insure
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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safe coordinated community development. The Town of Firestone, in a
verbal referral over the course of a meeting with staff, requested
consideration of a larger setback between the river and the residential
component adjacent to the river corridor. The Town of Firestone further
requested that should an additional setback not be feasible, that the
applicant consider limiting the height of the residential structures adjacent to
this area. The Town of Frederick,in an email received September 12,2007,
stated the Waterfront Lake PUD is outside of its planning boundary,
therefore it had no comments regarding the project at this time. The City of
Longmont, in the referral dated August 22, 2007, had several comments,
specific to urban development, floodplain, and trail corridors from Liberty
Gulch and Union Reservoir into the State park. The City of Dacono indicated
no conflicts with the proposal.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The Weld County Department of Public Health and Environment indicated
the application has satisfied Chapter 27 of the Weld County Code in regard
to water and sewer service. The application states water will be provided by
the Longs Peak Water District. A Draft Water Service Agreement has been
included with the application. A non-potable water system is planned for the
parks and open space areas,as well as the residential and commercial lots.
Sewer service will be provided by the St. Vrain Sanitation District. A Draft
Service Agreement has been included with the application.
The Board of County Commissioners, at a public hearing on August 29,
2007,approved the Consolidated Service Plan for Waterfront at Foster Lake
Metropolitan Districts Nos. 1,2,and 3. ; - Formatted:Font:(Default)Arial
be financed,acquired,installed and constructed by the District to serve the (wp,Strikethrough
Waterfront at Foster Lake Devolopmentps follows:Street System and Traffie (Deleted:are
Safety, Storm-Water Drainage, Sanitary Sewer System, Potable and Formatted:Font:(Default)Anal
Irrigation Water System, Reservoir and Ditch, Parks and Open Space. (W1),Strikethrough -
The Weld County Department of Public Health and Environment has
reviewed the proposal for 1,804 residential units,ten(10)acres of planned
commercial/retail zoning, a community center, a public pavilion for
community events,and various other active and passive recreational uses(2
tot lots,fishing, non-motorized boating, lakeside activities, trails,etcetera).
The trail system plans to connect to the St.Vrain Middle and High School site
(off property)and Kiteley Farms at Foster Lake PUD. The two pocket parks
with tot lots will have enclosed portable toilets, and the public pavilion and
community center will be connected to the St.Vrain Sanitation District. The
picnic area(located within the 100-yearfloodplain boundary)is within walking
distance to the park/tot lot in the southern portion of the development. If the
community center's pool will be open to the public (memberships, swim
meets for the high school and/or middle school,etcetera),the facility will be
subject to the Colorado Department of Public Health and Environment
Swimming Pool and Mineral Baths (Swimming Pool) regulations. The
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 10
commercial/retail uses in the development will be subject to the Site Plan
Review process once they are identified. The Departments of Planning
Services and Public Health and Environment will conduct additional reviews
of those uses at the time of development.
There are existing homes with septic systems located on the property(3203,
3826 and 3854 County Road 28). None of these septic systems are
documented. The Department understands that the system at 3854 County
Road 28 will be abandoned. There is another very old residence on the
southem portion of the property that will also be abandoned (address
unknown).These septic systems must be properly abandoned in accordance
with Section 30-7-70. The homes at 3203 and 3826 County Road 28 are
currently occupied and will remain so until that phase of the development
begins(approximately Phase 2);the septic systems must be evaluated for
adequacy for the time period that they will be occupied. A fourth home with a
septic system is located on the property at 3042 County Road 28. This
system has been documented under a Statement of Existing,SE-0100120,
and no further action is needed at this time provided the system is
functioning properly. This home is also currently occupied and will remain so
until approximately Phase 2 of the development,when the septic system will
be abandoned for the St. Vrain Sanitation District sewer. These septic
systems will also be required to be abandoned in accordance with current
regulations in effect at that time.
e. Section 27-6-120.D.5.e--Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. As previously indicated, the applicant is in the process of
updating the Traffic Impact Study(TIS)by Eugene Coppola,P.E.,submitted
in August, 2006, incorporating the review comments offered by Felsburg,
Holt and Ullevig(FHU)in November, 2006.
The applicant has received the updated version of the Mead-Longmont-Weld
County Sub-Area Report prepared by FHU,dated July,2007,and is utilizing
the recommendations from that report as guidance for roadway planning and
design in the study area which includes the Waterfront at Foster Lake
project.
The traffic impacts of the proposed Waterfront PUD and the new High
School must be addressed in the TIS for the initial Final Plat submittal. The
County has concems for public safety,due to the current configuration of the
intersection of County Roads 7 and 26. This intersection curve must be
corrected prior to opening the new High School in 2009. Although not
formally submitted,Waterfront's engineer has evaluated possible intersection
upgrades that include a new alignment with super-elevation to address the
curve,and raising the roadway with fill and box culverts to allow passage of
Liberty Gulch peak flows. An alternative design, wherein there is no
intersection of these two roads,has also been discussed. In this option,the
southern end of County Road 7 is terminated with a cul-de-sac, and the
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS,LLC
PAGE 11
eastern end of County Road 26 is terminated with a cul-de-sac. This second
alternative appears to be the safest and most economical approach, and
should be presented to the property owner immediately to the west of County
Road 7,and incorporated into the development.
f. Section 27-6-120.D.5.f--The Off-Site Road Improvements Agreement and
an On-Site Improvements Agreement proposals are in compliance with
Chapter 24 of the Weld County Code,and a Road Improvements Agreement
is complete and has been submitted,if applicable. The anticipated roadway
improvements to the surrounding roadway network,as well as those directly
related to the proposed Waterfront at Foster Lake development,need to be
clearly defined,jer--t``e Chongc o`Z_one. It was recommended in the FHU Formatted:Font:(Default)Anal
comments that the developer provide a table of trippers and commitments (WI),strikethmugh
defining when each improvement will be required with each phase of
construction with the initial Final Plat application and initial Final Plat Phasing [Formatted:Font:Bold 3
documents. The long term maintenance of the roads surrounding the new
High School(County Road 26.5)peeds-te shall be addressed between the (-Formatted:Font:(Default)Anal
Town of Mead and Weld County through an adopted Intergovernmental (WI),Strikethrough
Agreement.
g. Section 27-6-120.D.5.g --There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Tetra Tech submitted a preliminaryGeotechnical Due Diligence
Study for the Waterfront at Foster Lake Subdivision,stamped by Patrick S.
Carlin,P.E.33289,dated April 26,2006,and received by the Department of
Public Works on July 19, 2007. The Geotechnical Study shows all areas
tested within the site having low resistivity(ohms/cm)soils;these soils are
highly corrosive to metal, and special consideration shall be given to metal
pipes and concrete reinforcement. Per analysis,ground water was observed
12 to 13 days after boring in 17 of the 18 bore holes.Special consideration
must be taken to ensure foundations and footers are not adversely affected
by these ground water findings.
A Geology Memorandum from Gary Linden, dated August 25, 2006, was
submitted to the Department of Planning Services. It indicated the gravel
and sand source rate is poor for this site. No lots or development are
planned in the low lying area adjacent to the St.Vrain River.
A portion of the site is in close proximity of both the Foster Lake and St.Vrain
River floodplains. As stated in the applicant's Drainage Report, a Letter of
Map Revision(LOMR)and Conditional Letter of Map Revision(CLOMR)will
be required through the Federal Emergency Management Agency(FEMA)to
address this proposed situation. In the absence of a FEMA-approved
CLOMR that changes the location of the floodplain, the County's Flood
Hazard Development Permit(FHDP)will be required.Building restrictions or
prohibitions will apply to all residential lots in floodplains. The applicant is
also required to address the disposition of both the Hay Seed and Highland
Ditches, as they relate to stormwater flows and conveyance through the
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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Waterfront site at the time of Final Plat submission for any Filing that
encompasses those ditches.
The applicant is also required to address off-site drainage,on-site drainage,
free board and setbacks from Foster Lake, channels, swales, ponds, and
possibly other conveyance features will be required. The simulated dam
break/overflow scenarios, including determination of peak flow rates in the
Clear Day Breach Channel and Dam Safety Branch, have not been
evaluated or accepted by the State Engineer's Office; therefore, it is
premature to comment on appropriate setbacks, channel crossings, and
other design issues related to the channel. The applicant has been advised
the Department of Public Works may have additional concerns and
requirements; however, these may not arise until review of the comments
from the State Engineer's Office and the Colorado Division of Water
Resources, Dam Safety Branch, on the proposed channel and related
facilities. All stomiwater must be detained on the site and follow the
requirements of Section 24-7-130.D of the Weld County Code and Code
Ordinance#2006-7.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of HF Holdings,LLC,for Change of Zone,PZ#1126,from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District,with R-1 (Low-
Density Residential),R-2(Duplex Residential),R-3(Medium-Density Residential),R-4(High-Density
Residential),C-1 (Neighborhood Commercial),and C-2(General Commercial),215 acres of open
space,and continuing oil and gas production uses in the Mixed Use Development Overlay District
(1,804 units/ 10 acres Commercial), on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide a letter from the Town of Mead indicating its
concerns have been addressed, specific to proposed location and
right-of-way widths for all internal and external roads. Written evidence of
such shall be provided to the Department of Planning Services
B. The applicant shall address the requirements and concerns of the St.Vrain
Valley School District, as stated in the referral response dated August 15,
2007. Evidence of such shall be submitted, in writing,to the Weld County
Department of Planning Services.
C. The plat shall be amended to include the following:
1) All sheets of the plat(s)shall be labeled PZ-1126.
2008--**
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2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat, per Section 23-2-690 of the Weld County
Code.
3) County Road 28 has been re-classified by the County utilizing the
updated version of the Mead-Longmont-Weld County Sub-Area
Report prepared by FHU, dated July, 2007. Utilizing the
recommendations from the report as guidance for roadway planning
and design in the study area,which includes the Waterfront at Foster
Lake project,the applicant shall verify the existing right-of-way, and
the documents creating the right-of-way shall be noted on the
Change of Zone plat. If the right-of-way cannot be verified,it will be
dedicated. This road is maintained by Weld County.
4) County Road 26.5 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified,it will be dedicated. This road is
maintained by the Town of Mead.
5) County Road 7 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified,it will be dedicated. This road is
maintained by the Town of Mead.
6) All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
7) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code,shall be delineated on the
plat.
8) The plat shall delineate the residential parcels adhering to the
Mitigation Design Criteria,as stipulated on Sheet 7 of the Change of
Zone Plat.
D. The Change of Zone is conditional upon the following and that each shall be
placed on the Change of Zone plat as notes prior to recording:
1) Change of Zone,PZ-1126,is from the A(Agricultural)Zone District to
the PUD (Planned Unit Development) Zone District with R-1
(Low-Density Residential), R-2 (Duplex Residential), R-3
(Medium-Density Residential), R-4 (High-Density Residential), C-1
(Neighborhood Commercial),C-2(General Commercial),215 acres
of open space, and continuing oil and gas production uses in the
Mixed Use Development Overlay District (1,804 units/10 acres
2008-**
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 14
Commercial)-Waterfront at Foster Lake PUD,except as indicated
herein. The PUD will be subject to,and governed by,the Conditions
of Approval stated herein and as specifically defined on the Change
of Zone plat, Sheet 7 PUD Requirements, and the Waterfront at
Foster Lake Development Guide.
2) The Open Space Lots are non-buildable for residential structures or
structures providing habitable space.
3) Water service shall be obtained from the Longs Peak Water District.
4) Sewer service shall be obtained from the St.Vrain Sanitation District.
5) Permanent restroom and hand washing facilities shall be provided
within easy access of the public gathering areas.
6) Any abandoned septic system must comply with Section 30-7-70 of
the Weld County Code. The applicant should contact the
Department of Public Health and Environment to update existing
septic permits for those systems that have been abandoned.
7) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one
acre in area. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
8) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
9) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five(5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
10) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six(6)months in duration,the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice,and apply for a permit from the Colorado
Department of Public Health and Environment.
2008-**
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11) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner.
12) A Metropolitan Districts has have been established. The Dist.iets-
shall assume responsibility for the maintenance and operation of
street improvements which include without limitation,streets,
curbs,gutters, bridges, embankments,divider islands and
medians,cross-walks,cross-pans,traffic signals, and signage. To
that end the Districts may contract with third parties including any
homeowners association to fulfill the Districts'commitments for
such maintenance and operation.
13) The Southwestem Weld County Law Enforcement District shall be
established prior to the sale of any lot,or may be provided by another
approved agency or municipality.
14) Intersection sight distance triangles at the development entrance will
be required. All landscaping within the triangles must be less then
3.5 feet in height at maturity.
15) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
16) No grading permits will be issued for this project without submission
and Weld County approval of erosion control and sediment control
plans prepared, stamped, and signed by a professional engineer
licensed to practice in Colorado. The applicant is notified that land
disturbance on one portion of this site may require construction of
temporary or permanent erosion control and sediment control Best
Management Practices on other portions of the site.
17) A separate building permit shall be obtained prior to the construction
of any building.
18) A plan review is required for each building for which a building permit
is required. Commercial building plans shall bear a wet stamp of a
Colorado registered architect or engineer. Commercial building plans
require a Code Analysis Sheet,which is provided by the Weld County
Department of Building Inspection. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or
engineer.
19) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Currently, Weld
County has adopted the following:2006 International Building Code,
2006 International Residential Code,2006 International Mechanical
Code, 2006 International Plumbing Code, 2006 International Fuel
2008-"
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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Gas Code, 2005 National Electrical Code, and Chapter 29 of the
Weld County Code, and to the Waterfront at Foster Lake PUD
Development Guide and Change of Zone, Sheet 7 PUD
requirements.
20) Each building will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
21) Building heights are measured as described on the Change of Zone
plat, Sheet 7. Building height is measured from grade to average
height of the highest gable of a pitched or hipped roof in all Zone
Districts.
22) Fire resistance of walls and openings, construction requirements,
maximum building height,and allowable areas will be reviewed at the
plan review. All setbacks are measured from the outside of the
foundation wall. Architectural elements may encroach 2.5 feet into
the side setbacks, and also into the front and rear setbacks, as
defined on the Change of Zone plat,Sheet 7 PUD. In no event will
there be an encroachment into the Utility or Drainage Easements,as
stipulated in Chapter 27, Section 27-9-40, and Chapter 24,
Section 24-7-60, Easement Standards.
23) The applicant shall provide a letter of approval from the Mountain
View Fire Protection District prior to construction.
24) The minimum residential lot size shall be 6,050 square feet.
25) The minimum setback from the future road right-of-way for all
commercial properties is twenty-five(25)feet.
26) Amend Sheet 7 of the Change of Zone plat to reflect the following
Mitigation Design criteria to be met for all parcels adjacent to the St.
Vrain River Corridor. In lieu of height restrictions,as stipulated,the
following Mitigation Design Criteria shall be imposed:
Colors: All occupied structures and accessory structures shall be
constructed and maintained so that predominant exterior wall colors
(including the colors of basement walls on the downhill side of the
structure)and roof surfacing materials; (a)repeat the colors found
most commonly in the land and vegetation around the building(earth
tone);and(b)have a light reflective value of no more than forty(40)
percent.
Reflective materials and bright colors that contrast dramatically with
the colors of the land and vegetation around them shall not be used
as predominant colors on any wall or roof surface.
2008-"
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PAGE 17
Vegetation: The area around each primary structure and accessory
structure shall include at least one(1)tree of a species with a mature
height of at least thirty-five (35) feet, for each two thousand five
hundred(2,500)square feet of lot or parcel area;provided,however,
that this requirement shall not require any single-family residential lot
to contain more than eight(8)trees. At least fifty(50)percent of the
total number of trees required on the lot or parcel shall be located
within fifty(50)feet of the primary structure facing the nearest viewing
platform.
In addition,to the maximum degree feasible,during overlot grading,
all existing mature vegetation with a height of more than three (3)
feet,other than noxious plants and weeds,shall be preserved. Any
existing trees that meet the height requirement are counted towards
satisfaction of the tree requirement.
Floodlighting: Floodlights shall not be used to light all or any portion
of any primary or accessory structure facade, and all outdoor light
sources mounted on poles,buildings or trees,or other outdoor areas
shall use full cutoff light fixtures. A full cutoff light fixture is one in
which no more than two and one-half(2.5)percent of the total output
is emitted at ninety(90)degrees from the vertical pole or building wall
on which it is mounted. All such fixtures shall be installed or shielded
so that part of the light bulb or light source is not visible beyond the
property boundaries.
27) The commercial component is limited to include:stores and shops,
furnishing services, and merchandise to the general public;
restaurants including drive-in restaurants;establishments for the sale
and care of household pets;professional offices;establishments for
the repair and restoration of small electrical equipment and
appliances such as radios,television sets,business office machines,
and household appliances; private and commercial recreational
facilities; private clinics for the dispensing of medical advice or
prescriptions; nursing homes, retirement centers, and mental or
physical rehabilitation centers;community pool and supportfacilities;
and one microwave, commercial, radio, television or other
communication transmission or relay tower seventy feet or less in
height.
28) In the Commercial Zone District, the maximum square footage is
limited to 100,000 square feet in area.
29) The building height is 35 feet for the two multi-family tracts (the
8.4 acre tract, adjacent to County Road 7, and north of the high
school site;and the 7.3 acre tract,north of County Road 28,and west
of Interstate 25). The multi-family parcel(13.6 acre tract,north of the
high school, and west of the Community Center)will be allowed to
2008-**
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 18
have building heights of 45 feet. All other single family residential
lots are 35 feet in height.
30) Storage of vehicles or recreational vehicles shall only be allowed
inside garages.
31) Weld County's Right to Farm Statement,as delineated on this plat,
shall be recognized at all times.
32) J\ Stormwator Dischargo Permit may bo required for a - (Formatted:Font:(Default)Arial
development/redevelopment/construction site where a contiguous or (wt),Strikethrough
non contiguous land disturbance is greater than, or equal to, one Formatted:Font:(Default)Anal
acre in area. The applicant shall contact the Water Quality Control (wt),strikethrough
Division of the Colorado Department ofPublic Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information, [same Note as#71
The existing County Road 28 will be vacated at such time as the
new alignment of County Road 28 is dedicated, constructed,
accepted and open for public use. Weld County shall pursue the
vacation of existing County Road 28 in the most expeditious
manner pursuant to law governing the vacation of rights of way.
[New#32]
33) Effective January 1,2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
34) Effective August 1,2005,building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
35) Oil and gas structures shall be fenced to avoid tampering, as
required by the COGCC, and will be the responsibility of the facility
owner.
36) The current hunting and fishing lease in place for the property will
expire May, 2008. Hunting will be allowed until the first building
permit is applied for, with no hunting activities permitted after that
time.
37) Except where noted on this plat, signs shall adhere to
Sections 23-4-80 and 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
38) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
2008"
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39) Except where noted on the Change of Zone plat and the Waterfront
at Foster Lake Development Guide, the property owner shall be
responsible for complying with the Performance Standards of
Chapter 27,Articles II and VIII,of the Weld County Code.
40) The site shall maintain compliance,at all times,with the requirements
of the Weld County Departments of Public Works,Public Health and
Environment,and Planning Services,state and federal agencies,and
adopted Weld County Code and policies.
41) No, Formatted:Font:(Default)Arial
any building permit shall be issued, until the Final Plat has been (W1),Strikethrough
approved and recorded. The applicant may pursue a grading permit
at their own risk prior to approval of the Final Plat.
42) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated herein and all applicable Weld County regulations.
43) The applicant shall comply with Section 27-8-50 of the Weld County
Code, as follows: Failure to submit a Planned Unit Development
Final Plan - If a PUD Final Plan application is not submitted within
three(3)years of the date of the approval of the PUD Zone District,
the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the PUD
Final Plan. The Board may extend the date for the submission of the
PUD Final Plan application and shall annually require the applicant to
demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the
original approval of the PUD Zone District have changed,or that the
landowner cannot implement the PUD Final Plan, the Board of
County Commissioners may, at a public hearing, revoke the PUD
Zone District and order the recorded PUD Zone District to revert to
the original Zone District.
44) ^^' r• ide the ^ ^^•'•• ^••^^' `ti'° be _ Formatted:Font:(Default)Arial
(W1),Strikethrough
• . [same as `. - Formatted:Font:(Default)Arial
#39] (W3),Strikethrough
(Formatted:Font:(Default)Arial
45) The parcels encumbered by oil and gas production uses and (W1),Strikethrough J
setbacks from adjacent oil and gas production facilities are (Formatted:Font:(Default)Arial
designated non-buildable for structures having habitable space. (Wt),Strikethrough
2008-**
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PAGE 20
46) Future oil and gas production uses, as identified in the Master
Surface Use Agreement, or similar recorded document signed by
representatives of HF Holdings/Waterfront at Foster Lake, LLC, or
their successors,and Kerr-McGee Oil and Gas Onshore,LP,or their
successors,shall be afforded drilling of wells as a Use by Right in all
Zone Districts.Appropriate setbacks,offsets,and building permits will
be required.
2. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
Board of County Commissioners. With the Change of Zone plat map,the applicant
shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable).
3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution,a$50.00 recording
continuance charge shall be added for each additional three(3)month period.
4. At the time of the initial Final Plan submission:
A. The applicant shall submit written evidence of an agreement with the
I lighland Ditch Company, specific to the redesign of the Highland No. 3
Reservoir, aka Foster Lake,-dam,-and spillway, and the relocation or
alternation of several interconnections, including the outlet works of the
raseweir,
B. The applicant shall submit written evidence of an agreement with the No.3
Outlet Ditch Company, specific to the relocation and piping of the No. 3
Outlet Ditch,the redesign of the Highland No.3 Reservoir,aka Foster Lake,
outlet works that directly feed the ditch, the interconnection with the outlet
from tho Sanborn Reservoir, and, at a minimum, two headgatoc. Further,
crossing of the No.3 Ditch easement for roads,trails,and recreational rights
shall also be addressed in this agreement or a rider to this agreement.
C. The applicant shall submit written evidence of an agreement with the
Sanborn Reservoir Ditch Company, specific to the piping and relocation of
Nia-3-Outlet-Bitst,
GA. The applicant shall submit written evidence from the Mountain View Fire
Protection District stipulating that there is adequate fire flow for all residential
areas within this development. Further, the evidence shall include the fire
flow analysis documents with a written sign-off from the Fire Marshall for the
Mountain View Fire Protection District.
2008-"
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 21
€B. The applicant shall submit written evidence of an accepted erosion control
plan from the Longmont Conservation District specific to buffer areas
adjacent to rivers, lakes,and ditches to protect against erosion.
€C. The applicant shall submit written evidence from the Colorado Division of
Wildlife(CDOW)specific to buffer areas adjacent to rivers,lakes and ditches
regarding protection from impacts to wildlife, existing and proposed
vegetation,and disturbance including issues of noxious weeds.
6.
affected parties,including,at a minimum,Kerr McCee Oil and Gas Onshore,
successors for drilling operations within Sections 27 and 34,Township 3
#D. The applicant shall submit written evidence addressing the stormwater or
non-point source contaminates that may not be adequately contained within
the development that may flow downhill into the St. Vrain River, per the
referral from the Colorado State Parks.
IE. The applicant shall submit a finalized agreement with signatures from all
affected parties,including,at a minimum,Waterfront at Foster Lake,LLC,or
their assignees, and the St.Vrain Valley School District stipulating that the
Agreement to Mitigate the Impact on Schools has been reached.
JF. The applicant shall submit a Final Phasing Plan for all Filings and Phases of
this development.
KG. The applicant shall submit the he road layout, including the road name
nomenclature, for review by all referral agencies and for preliminary
addressing of the subdivisions lots by Filing or Phase.
LH. The applicant shall provide the Department of Planning Services with a copy
of the Restrictive Covenants, the Law Enforcement Authority, and
Homeowners' Association incorporation paperwork for St. Vrain Lake
Waterfront at Foster Lakes PUD,for review by the Weld County Attorney's
Office prior to recording the Final Plat. Any changes requested by the Weld
County Attomey's Office shall be incorporated.
MI. The applicant shall provide the Department of Planning Services with a
deed,for recording with the Final Plat,which documents the open space,
including those surface areas with oil and gas structures, are deeded to
the Metropolitan District. At the time it submits the Final Plat for recording,
the owner of the applicant shall provide the Department of Planning
Services with a copy of a deed which defines and conveys to the
appropriate homeowners association the open space, including those
surface areas with oil and gas structures which are shown on such Final
Plat, The deed will be recorded after the Final Plat is recorded.
2008-"
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
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NJ. The applicant shall provide an Open Space/Landscape Plan, per
Section 24-3-50.G of the Weld County Code for review and approval.
OK. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical, and species names, size at
installation,and any additional information deemed necessary.
PL. The applicant shall submit a Re-vegetation Plan of all areas disturbed during
construction. The plan shall include information regarding plant type,
installation methods,and maintenance.
QM. The applicant shall demonstrate how the proposed plant material will be
watered. Further, the applicant shall provide evidence that the tap from
Long's Peak Water District is permitted to provide irrigation water to the
landscaped areas.
RN. The applicant shall submit a time frame for site construction, roads, parks,
and open space in accordance with Section 27-2-200 of the Weld County
Code.
SO. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street name and lot addresses shall be submitted
to the Mountain View Fire Protection District, the Weld County Sheriffs
Office,Ambulance provider,and the Post Office for review. Written evidence
of approval shall be submitted to the Department of Planning Services.
T. The applicant shall dedicate the required right of way for the new alignment,
as approved by the Department of Public Works,for County Road 28,west
of 125 and east of County Road 7,for review and approval by the Board of
County Commissioners.
application for the vacation of County Road 28 right of way with the submittal
r � �
rr
break/overflow scenarios,titled:Hydrologic and I lydraulic Analysis Proposed
Spillway and Channel for the Highland No.3 Reservoir Waterfront at Foster
Lake SEODAMID 050135,dated June, 2007,stamped by Richard Joseph
Tocher, P.E. 19305.-The Department of Public Works received the report
July 10,2007. For completeness,all model calculations and printouts from
this report shall be provided to Weld County with the Final Plat Drainage
Report. The acceptance of this Report shall be through the Colorado
Division of Water Resources,Dam Safety Branch. The Department of Public
Works requires a letter from the Colorado Division of Water Resources,Dam
Safety Branch,indicating final acceptance of the Report at a date uncertain.
2008-"
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CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 23
W. Although jurisdiction over the Foster Lake dam lies with the State Engineer's
Office and the Colorado Division of Water Resources,Dam Safety Branch,
Weld County requests additional information,as the implications of the dam
break analysis has implications for public safety in the proposed Waterfront
PUD. The applicant shall discuss residential setbacks from the breach point
of Foster Lake and from the spillway channel though tho subdivision.
Typically,dam break analyses include a 500 year simulation; however,the
June, 2007,- Hydrologic and Hydraulic Analysis Proposed Spillway and
Channel for the Highland No.-3 Reservoir Waterfront at Foster Lake
SEODAMID 050135,did not include analysis of the 500 year rain event. The
applicant shall provide simulation of the 500 year dam break event and show
the n atio nd d'^ s h..w hen ...bees.. a derived
X. A recent County inspection of the Foster Lake dam and spillway revealed
deteriorated concrete. The applicant shall provide results of geotechnical
investigations that address the structural integrity of these facilities. -The
applicant shall also provide evidence that this information was convoyed to
the State Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch. County concerns include the ability of the concrete wall
around portions of Foster Lake to support lake full hydraulic pressure. The
applicant shall also discuss the erosional stability and lake management
practices of the dam, wall, spillway, and lake shore areas during lake full
periods when wave action or boating will potentially cause additional erosion
and damage to the wall and spillway structures.
Resources, Dam Safety Branch, have not yet provided review of the
simulated dam break/overflow scenarios,adequate width,depth,flow rates
and capacity, and erosional stability of the Waterfront, proposed overflow
channel (Clear Day Breach Channel)cannot be assessed at this time. To
ensure public safety, Weld County will defer comment on the design
parameters of this channel until receiving written approval of the adequacy of
the designs presented in the June,2007,I iydrologic and Hydraulic Analysis
Proposed Spillway and Channel for the Highland No.3 Reservoir Waterfront
at Foster Lake SEODAMID 050135 Roportfrom the State Engineer's Office
and the Colorado Division of Water Resources, Dam Safety Branch.
ZP. Page 2 of the applicant's submittal,the third sentence in the third paragraph
states,"Geology includes alluvial sands and gravel by the St.Vrain River in
the southern portion of the site." This statement does not match the bore
hole data presented in the Wassenaar Geotechnical Report,dated April 26,
2006, and does not agree with the Tetra Tech memorandum conclusions.
The Tetra Tech RMC memorandum, dated August 25,2006, indicates that
"Review of Colton and Fitch(1974)indicates the low lying area adjacent to
the St.Vrain River in the southeast corner of the site is a potential source of
sand and gravel. However, exploratory drilling (Wassenaar, 2006)did not
encounter sand and gravel in this area. In addition, soils mapping by the
U.S.D.A.(2006)concludes that the site soils are a poor source of gravel."As
2008-"
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 24
foundation requirements and control of groundwater may be impacted by the
subsurface conditions,the applicant shall reconcile these differences.
AAO. Page 3 of the applicant's submittal include figures RA-2 and RA-6 of the
Urban Drainage Criteria Manual.The applicant shall identify the boundary of
the Waterfront Subdivision on these maps.
ABR. Page 4 and 5 of the applicant's submittal shall discuss in detail how the
Foster Lake dam breach path and spillway will safely convey flows through
the subdivision. When accepted by the Colorado Division of Water
Resources, Dam Safety Branch, the applicant shall provide an executive
summary of the Hydrologic and Hydraulic Analysis Proposed Spillway and
Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEO
DAM ID 050135.
AGS. Several of the proposed detention ponds discharge into the Clear Day
Breach Channel. The applicant shall clarify whether these extra flows in the
channel have been accounted for in the Dam Breach Analysis.
ABT. Only one of the basins, D1 through D5 pond discussions, describe any
freeboard. The applicant shall show and discuss the freeboard of all the
detention ponds.
AEU. Detention Ponds 4 and 5 apparently are proposed to release directly into the
St.Vrain River. The applicant shall discuss,in detail,how these outfalls will
be protected during the 100-year flood flows.
AEV. In order that the Waterfront at Foster Lake Drainage Report is a stand-alone
document,the applicant shall explain,in more detail,the Neighboring Flows,
flow rate going into Foster Lake,and any flows coming from the High School
onto the Waterfront site. The applicant shall include flow rate and safe
conveyance of these flows through the site in this discussion.
AGW. Page 6 of the applicant's submittal shall provide more detail on the proposed
underdrain system to contend with the high water table identified within this
site, as described by the Wassenaar Geotechnical Report, dated April 26,
2006.The applicant shall indicate where this system will discharge captured
ground water.
AkIX. For the Final Plat, in order that the Waterfront at Foster Lake Drainage
Report is a stand-alone document the applicant shall explain,in detail,how
the High School site detains,releases,and routes stormwatersafely through
and around the Waterfront site. The applicant shall describe any undetained
areas within the school site and how they will affect the waterfront
neighboring flows.
NY. An individual (typical) lot grading plan will be required for each proposed
residential lot configuration. This plan shall show how each lot is graded,
providing for drainage between and along lot lines. For the Final Plat, the
2008"
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS,LLC
PAGE 25
applicant shall also include a minimum basement elevation for each lot,and
indicate what lots will not be able to have basements or crawl spaces due to
the high water table reported in the Wassenaar Geotechnical Report,dated
April 26,2006.
AEZ. In the Final Rat submittal containing any ditches, the applicant shall show
the locations of the ditch accesses for maintenance,describe maintenance
plans (who will mow, control weeds), and provide written agreements
between Waterfront and the ditch owners covering these topics in the Final
Plat submittal.
AI4AA. National Pollutant Discharge Elimination System(NPDES)requirements will
dictate that the applicant obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment. A copy of this
permit and a Best Management Practices Erosion Control Plan will be
required by the Department of Public Works as part of the Final Plan
submittal. No site grading will be permitted until these documents have been
submitted and reviewed.
ALAB. Site-specific water quality measures to be installed at specific locations
should be shown on the plans,rather than copies of measures available from
the Urban Drainage Manual and Boulder County. The applicant shall include
these water quality measures in the drawings for the Final Plat submittal.
AMAC.AII drainage facilities, including swales and pipes, must be in drainage
easements or in the rights-of-way shown on the Final plat. Proposed
detention ponds must be placed in a perpetual drainage easement, along
with an access easement to be secured and maintained to allow repair and
maintenance of the detention ponds and inundated areas.
ANAD.Appendix A:The applicant shall show the outer boundary of the Waterfront
Subdivision on the submitted Federal Insurance Rate Map(FIRM).
AOAE.Appendix B: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document the applicant shall include all of the historic
Colorado Urban Hydrograph Procedure(CUHP)input and output data
sheets.
APAF. Appendix B: Historic CUHP input- In order that the Waterfront at Foster
Lake Drainage Report is a stand-alone document the applicant shall
explain, provide calculations, and show maps or plans as to how all the
values for the spread sheet data were derived. The maximum percent
impervious for historic flows is two(2)percent,and the applicant shall
update and correct the calculations.
AQAG.Appendix C: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document the applicant shall indicate all off-site flows
around the Waterfront site.
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ARAH.Appendix C: In order that the Waterfront at Foster Lake Drainage Report
is a stand-alone document for the developed case CUHP-The applicant
shall include all of the developed CUHP input and output data sheets, and
explain, provide calculations,and show maps as to how all the values for
the spread sheet data were derived.
ASAI. Appendix C: The proposed slope values appear to be too flat. The site has
elevations between 4,985 feet and 4,920 feet,or about sixty-five(65)feet of
fall across the site. The applicant shall provide the time of concentration
calculations and show the route on a map or plan. Any basins less than
0.141 miA2 or 90 acres shall have the time of concentration calculated when
using CUHP.
ATAJ. Appendix C: The Manning'n' values used in the Environmental Protection
Agency(EPA)Stormwater Management Model(SW MM)5 appear to be low.
A41AK.Appendix C:The applicant shall include the 10-year developed storm event
calculation if culverts are to be proposed within the subdivision.
AVAL. Appendix C: The applicant shall show the 100-year storm event detention
pond volumes as acre feet.
A1AWAM.Appendix D: In the Waterfront at Foster Lake proposed drainage runoff
calculations spreadsheet,the applicant shall include more detail as to how
the 'C' factor values were derived by providing the amount of roadways,
sidewalks, driveways, house and garage roofs, and landscape areas for
each sub-basin and basin within the subdivision.
AXAN.Appendix D: The Basin H3 100-year composite'C'value does not match the
drainage basin map. The applicant shall tabulate or explain the type and
locations of the sub-basin discharges.
AYAO.Appendix E: The applicant shall describe whether the Grass Buffer and
Grass Swales will be irrigated. If these drainage facilities will not be irrigated,
the applicant shall use a reduced Manning's 'n' value to more accurately
characterize these features which will be closer to bare soils than grassed
channels.
AZAP. Appendix E: The applicant shall explain and show where underdrains will
discharge.
BAAQ.Appendix E: Due to the increased maintenance,Weld County recommends
not using the Urban Drainage well screens in front of the Water Quality
Capture Volume (WQCV) plate. These well screens plug very easily,
creating a pond of water that can be a breeding ground for mosquitoes.
During the sizing of the holes for the WQCV plate, Weld County
recommends using as large a hole as possible with the fewer columns.
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BBAR. Drainage Plan Sub Basin Map: On Sheet 1 of the applicant's submittal,the
applicant shall label the contours so they are readable.
BOAS. Drainage Plan Sub Basin Map: In order that the Waterfront at Foster
Lake Drainage Report is a stand-alone document the applicant shall
show,on a drawing,the time of concentration historical paths used to
determine the initial overland flow and the travel time for the time of
concentration calculations.
BOAT. Drainage Plan Sub Basin Map:The applicant shall include the flows from the
five(5)acre parcel in the middle of this project labeled:"This property is not
part of this development." Flows from this Anderson Outlot parcel must be
safely routed through the development. Waterfront is not required to detain
these outlot flows. Conceptually, these flows may be assumed to pass
through the detention ponds and over the emergency weir, not through the
pond's five(5)year historic release orifice plate.
BEAU. Drainage Plan Sub Basin Map: On Sheet 2 of the applicant's submittal,the
applicant shall show the detention ponds,and basins X and Y since they are
not detained and release directly into the St.Vrain River. The applicant shall
also show the detention pond outlet pipes and pond overflowweirs for the St.
Vrain Valley School District High School#7 parcel.
BFAV. Drainage Plan Sub Basin Map: On Sheets 3 through 11 of the submittal,the
applicant shall indicate the 100-year water surface elevation (WSEL),
emergency spillway weir and its elevation,outlet structures,and free board
elevation for all the detention ponds.
BGAW.Drainage Plan Sub Basin Map: The applicant shall show and label all the
existing oil and gas wells, plus show the drilling windows of all future wells.
Bk4AX. Drainage Plan Sub Basin Map: The applicant shall label all residential lots
with an "A"or"B" lot designation and show how each of these lot types will
route the stormwater around and away from the homes and to the street.
BFAY. Drainage Plan Sub Basin Map: Due to the presence of high ground water in
some areas, per the final Geotechnical Report,the applicant shall label all
residential lots as to being acceptable or unacceptable for basements,crawl
spaces, and/or walkout basements, and include a minimum basement
finished floor elevation.
B4AZ. Drainage Plan Sub Basin Map: The applicant shall provide a top of
foundation elevation for each lot ensuring one(1)foot of free board above
the maximum allowed street stormwater capacity for the 100-year storm
event. The depth of stormwater between houses also will need to be
considered.
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BKBA. Drainage Plan Sub Basin Map:The applicant shall show,on a drawing,the
time of concentration developed paths used to determine the initial overland
flow and the travel time for the time of concentration calculations.
BLBB. Drainage Plan Sub Basin Map: The applicant shall label all roadways on
each drawing or map.
BMBC.Drainage Plan Sub Basin Map: the applicant shall label all low and high
points on all roadways.
BNBD.Drainage Plan Sub Basin Map: The applicant shall dimension all setbacks
from Foster Lake,channels,swales,ponds,and other conveyance features
throughout the drainage basins. Building envelopes may be required.
BOBE.Geology Report: A Geology memorandum from Gary Linden, dated
August 25, 2006, was submitted to Weld County Department of Planning
Services. It indicated the gravel and sand source rate is poor for this site.
No lots or development are planned in the low lying area adjacent to the
Saint Vrain River. The applicant shall provide evidence of poor aggregate
materials on the site.
BPBF. Geology Report: The applicant shall discuss, and show in this report, the
future oil and gas production locations and how accesses to the existing and
future wells and tank batteries will be handled throughout the subdivision.
BQBG.A Final Geotechnical Due Diligence Study for the Waterfront at Foster Lake
Subdivision,stamped by a Colorado registered engineer shall be submitted
at the time of Final Plan,specifically addressing the highly corrosive soils and
ground water table.
BRBH.Amend Geotechnical Report: The applicant shall update text in the report
which does not match the Swell-Consolidation test results.
BSBI. Amend Geotechnical Report: This report does not address slope stability on
Sheet 12 of the applicant's submittal. ,hich for `i
submittal. In particular,therefore,the applicant shall address public safety
ch. For applicable areas, in
Filings with geotechnical concerns, the Final Plat submittal materials may
need to include geotechnical data and mitigating engineering designs.
BTBJ. Amend Geotechnical Report: A Final Geotechnical Study with pavement
design recommendations will be required to be submitted during the Final
Plat.In-this-final A Geotechnical Report shall be submitted following overlot
grading.the applicant The report shall include data from drill borings along
the centerline of all proposed streets; borings should be spaced every 500
feet, or as required by rapidly changing soil conditions.
BU. The applicant shall submit evidence of approval for the Amendment to the
125 MUD Structural Land Use Map 2.1,dated January,2007,addressing the
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BVBK. The internal local road right-of-way shall be 60 feet in width, including
cul-de-sacs,with a 65-foot radius,and dedicated to the public. The internal
collector road right-of-way shall be 80 feet in width and dedicated to the
public.
BWBL.The Highland Ditch Company, the Highland No. 3 Reservoir (aka Foster
Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch
Company) must be appropriately labeled and dimensioned, including
setbacks,easements,and rights-of-way,along with proposed relocation as
required and as stipulated in the signed and recorded agreement.
BXBM.The final plat(s)shall be amended to accurately delineate any gathering line
easements for the existing oil and gas structures and all proposed structures,
along with proposed relocation,if necessary,as stipulated in the signed and
recorded agreement, prior to recording any final plat.
BYBN.The applicant shall be required to provide written and graphic evidence from
the School District and post office that the proposed mailbox location and
bus shelter plan meets their design standards and delivery requirements for
the mailbox facility and the proposed school drop off/pick up location.
Written evidence of compliance with their standards and requirements shall
be submitted to the Department of Planning Services. Further, evidence
shall be provided that each facility meets the intent of the Americans with
Disabilities Act(ADA)for access. The Department of Building Inspection
shall review the proposed structures for compliance with all applicable codes,
as warranted. Evidence of approval shall be submitted to the Department of
Planning Services.
BZBO.Any Final Plat abutting the Kiteley Ranch PUD or the Mead Crossings
commercial development The plat shall delineate and identify the road
inter-connections from the Waterfront at Foster Lake PUD into Kiteley Ranch
at Foster Lake PUD (Pioneer Drive), and identify the connection from the
Waterfront at Foster Lake PUD into the Mead Crossings Subdivision
development(Highland Drive)adjacent to the north.
CABP.The plat shall delineate a pedestrian connection to the Kiteley Ranch at the
Foster Lake PUD development to the north prior to recording the Change of
Zone plat.
CBBQ.Amended MUD Structural Land Use Map 2.1, dated January, 2007,
delineates plans for a trail connection along Foster Reservoir to the north. A
trail shall be established along the northeastern edge of the property
connecting to Pioneer Drive for the planned future regional trail system.
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CCBR.A trail shall be established along the southwestern edge of the property
connecting to the Adler PUD, or successors of this platted subdivision of
land,for the planned future regional trail system.
GOBS.The applicant shall remove all easements located off-site and outside of the
delineated property line,as the location is outside of their control.
C€BT. The applicant shall submit details of the proposed mailbox areas to the
appropriate postal district for review and approval. Any required changes
shall be indicated on the Final plat. Further, the applicant shall verify that
each facility meets the intent of the Americans with Disabilities Act(ADA)for
access.
CFBU.The applicant shall provide the Department of Planning Services with a Sign
Plan that conforms with Chapters 23,26,and 27 of the Weld County Code.
CGBV.At such time as the new County Road 28 construction is complete, accepted
and open for traffic,The applicant shall provide the Departments of Public
Works and Planning Services with a request to vacate a portion of the
existing County Road 28,west of 1-25 and east of County Road 7,for review
and approval by the Board of County Commissioners.
GI4BW. The applicant shall address the following to the satisfaction of the Weld
County Department of Public Works.Evidence of such shall be submitted to
the Department of Planning Services:
1) The applicant is required to define the proximity of proposed lots to
both the Foster Lake and St. Vrain River floodplains. On the
drawings, it appears as though residential lots are proposed within
the St. Vrain River floodplain. As stated in the Drainage Report, a
LOMR and CLOMR will be required through FEMA to address this
proposed situation. In the absence of a FEMA-approved CLOMR
that changes the location of the floodplain, the County's Flood
Hazard Development Permit (FHDP) will be required. Building
restrictions or prohibitions will apply to all residential lots in
floodplains. Written evidence of such shall be provided to the
Department of Planning Services.
2) The applicant shall discuss the disposition of both the Hay Seed and
Highland Ditches as they relate to stormwater flows and conveyance
through the Waterfront site;more detail is needed in the Change of
Zone report. Changes in use of historic ditch rights-of-way will
require written permission from the ditch companies. Written
evidence of such shall be provided to the Department of Planning
Services at the time of Final Plat submission for any Filing that
encompasses these ditches.
3) The off-site drainage basins that contribute flow to and across the
proposed Waterfront development are not depicted. These off-site
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basins must be shown in the report. Offsite flows to the Waterfront
properties must be calculated under existing conditions; proposed
but un-constructed off-site drainage facilities do not currently exist,
therefore cannot be assumed to reduce or re-direct off-site flows.
Written evidence of approval from the Department of Public Works
shall be provided to the Department of Planning Services.
4) Free board and setbacks from Foster Lake,channels,swales,ponds
and possibly other conveyance features will be required to ensure
public safety and to comply with FEMA regulations in some cases.
Building envelopes may be required. Written evidence of the State
Engineer's Office and the Department of Public Works shall be
provided to the Department of Planning Services.
5) Given that the simulated dam break/overflow scenarios, including
determination of peak flow rates in the Clear Day Breach Channel
and Dam Safety Branch and the overflow design scenarios have not
been evaluated or accepted by the State engineer's Office(SEO),it
is premature to comment on appropriate setbacks, channel
crossings, and other design issues related to the channel. The
applicant is advised that the Weld County Public Works Department
may have additional concerns and requirements. These issues may
not arise until after the SEO and the Colorado Division of Water
Resources, Dam Safety Branch, comments on the proposed
channel,and related facilities have been reviewed by the Department
of Public Works. Written evidence of the results by the SEO and the
Department of Public Works shall be provided to the Department of
Planning Services.
6) On Sheet 3 of the applicant's submittal it appears the backs of the
lots north of A Street and Outlot B are not detained and discharge
directly into Foster Lake. On Sheets 4, 7,9, and 11 it appears that
the flow arrows for Outlot C, basin H1, Outlot H, show these areas
are not detained and flow directly into the St. Vrain River. All
stormwater must be detained on the site and follow the requirements
per Section 24-7-130.D of the Weld County Code and Code
Ordinance #2006-7. The applicant shall explain how all the flows
within these areas are detained and provide written acceptance of
these flows by the owners of Foster Lake. All stormwater detention
facilities shall be designed to detain the stormwater runoff from the
fully developed subdivision from a one-hundred-year storm and
release the detained water at a rate not to exceed the rate of a
five-year storm falling on the undeveloped site. Written evidence that
this issue has been addressed from the Department of Public Works
shall be provided to the Department of Planning Services.
7) On Sheet 5 of the applicant's drainage submittal the Commercial
area (10.0 acres) and Multifamily area (8.4 acres) flow arrows
indicate the flow going away from Detention Pond 1,and discharging
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PAGE 32
along County Road 7 and the County road north of the school site.
All stormwater must be detained on the site and follow the
requirements,per Section 24-7-130.D of the Weld County Code and
Code Ordinance #2006-7. The applicant shall explain how these
flows will be detained. Written evidence from the Department of
Public Works that this issue has been addressed shall be provided to
the Department of Planning Services.
8) On Sheet 6 of the drainage submittal the sub-basin H3 'C' factor
does not match the drainage report 'C' factor values. Written
evidence from the Department of Public Works that the applicant has
corrected the values shall be provided to the Department of Planning
Services.
9) The applicant shall provide an accurate determination of historic
flows, impacts, detention sizing, and channel width decisions; it is
important to understand how the 'C' factors were derived for
sub-basin, particularly basin H3. Written evidence of such shall be
provided to the Department of Planning Services.
10) The anticipated roadway improvements to the surrounding roadway
network,as well as those directly related to the proposed Waterfront
at Foster Lake development, need to be clearly defined for---the
Change of Zone. It is Thorefor`a„-..a, recommended in the FHU
comments,that the developer shall provide a table of triggers and
commitments defining when each improvement will be required with
each phase of construction. Further, the financial contribution of
Waterfront at Foster Lake to those improvements also needs to be
determined prior to recording the Change of Zone plat. Written
evidence of acceptance by the Department of Public Works shall be
submitted to the Department of Planning Services.
5. Any Plat subsequent to initial the Final Plat:
A. The applicant shall submit written evidence of an agreement with the
Highland Ditch Company, specific to the redesign of the Highland No. 3
Reservoir, aka Foster Lake, dam, and spillway, and the relocation or
alternation of several interconnections, including the outlet works of the
reservoir.
B. The applicant shall submit written evidence of an agreement with the No.3
Outlet Ditch Company, specific to the relocation and piping of the No. 3
Outlet Ditch,the redesign of the Highland No.3 Reservoir,aka Foster Lake,
outlet works that directly feed the ditch, the interconnection with the outlet
from the Sanborn Reservoir, and, at a minimum, two headgates. Further,
crossing of the No.3 Ditch easement for roads,trails,and recreational rights
shall also be addressed in this agreement or a rider to this agreement.
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C. The applicant shall submit written evidence of an agreement with the
Sanborn Reservoir Ditch Company, s specific to the piping and relocation of written writ e:The evidence rom th shall M Mountain
P ee : a from the Mountbm
the outlet ditch from the Sanborn Reservoir and its interconnection with the view Fire Protection District
No. 3 Outlet Ditch. stipulating that there is adequate fire
flow for all residential areas within this
development. Further,the evidence
D. The applicant shall dedicate the required right-of-way for the new alignment, . shall include the fire flow analysis
as approved by the Department of Public Works,for County Road 28,west documents
ire Ma with a written sign-off from
the Fire Marshall for the Mountain
of 1-25 and east of County Road 7, for review and approval by the Board of View Fire Protection District.I
County Commissioners. ¶
E The applicant shall submit written
evidence of an accepted erosion
E. The applicant shall provide the Department of Planning Services with an control plan from the Longmont
Conservation District specific to buffer
submittal of the Final Plata application materials The existing County areas to prof to rivers,lakes,and
PP q ditches to protect against erosion IT
Road 28 will be vacated at such time as the new alignment of County ¶
Road 28 is dedicated, constructed,accepted and open for public use. I, F..The applicant shall submit written
evidence from the Colorado Division
of Wildlife(CDOW)specific to buffer
F. The applicant submitted a HEC-1 analysis of the Foster Lake dam f, areas adjacent to rivers,lakes and
break/overflow scenarios,titled:Hydrologic and Hydraulic Analysis Proposed % ditches regarding to protection from
impacts toewgdtatii n,existing andSpillway and Channel for the Highland No.3 Reservoir Waterfront at Foster proposed vegetation,and disturbance
Lake SEODAMID 050135, dated June, 2007, stamped by Richard Joseph including issues of noxious weeds¶
Tocher, P.E. 19305. The Department of Public Works received the report i' c..The applicant shall submit a
July 19,2007. For completeness,all model calculations and printouts from Finalized Agreement with signatures
this report shall be provided to Weld County with the Final Plat Drainage from all arrected parties,including,at
Report. The acceptance of this Report shall be through the Colorado , anihore,C ,andWaeeontat cat
P P P 9 Onshore,LP,and Waterfront at
Division of Water Resources,Dam Safety Branch. The Department of Public i Foster Lake,LLC,for drilling
Works requires a letter from the Colorado Division of Water Resources,Dam operations within Sections and 34,
Township 3 Range 68v West of
Safety Branch,indicating final acceptance of the Report at a date uncertain. the 6th P M.Weld Weld county,Colorado¶
¶
G. Although jurisdiction over the Foster Lake dam lies with the State Engineer's Tne applicant shall submit written
ter
9 evidence addressing the ater
Office and the Colorado Division of Water Resources, Dam Safety Branch, or non-point source contaminates that
Weld County requests additional information,as the implications of the dam may not be adequately contained
within the development that may flow
break analysis has implications for public safety in the proposed Waterfront I downhill into the St.vrain River,per
PUD. The applicant shall discuss residential setbacks from the breach point l the referral from the Colorado State
of Foster Lake and from the spillway channel though the subdivision. ? Parks.¶
Typically, dam break analyses include a 500-year simulation;however,the ,'i": I The applicant shall submit a
June, 2007, Hydrologic and Hydraulic Analysis Proposed Spillway and P' finalized agreement with signatures
Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake R rromau afrectpd parties,in oster at
'Y a minimum,Waterfront al Foster
SEODAMID 050135,did not include analysis of the 500-year rain event. The i; Lake,LLC,or their assignees,and the
applicant shall provide simulation of the 500-year dam break event and show >f stvrainvalleySchoolDistrict[„jl)
the calculations and discuss how the numbers were derived. 'hi-Deleted:u.. _,
':: Formatted:Font:(Default)Arial
H. A recent County inspection of the Foster Lake dam and spillway revealed (wt),Strikethrough
deteriorated concrete. The applicant shall provide results of geotechnical } Deleted:Road 1
investigations that address the structural integrity of these facilities. The Formatted:Font:(Default)tidal
applicant shall also provide evidence that this information was conveyed to .�(We),Strikethrough
the State Engineer's Office and the Colorado Division of Water Resources, Formatted:Font:(Default)Anal
Dam Safety Branch. County concerns include the ability of the concrete wall (wi),Strikethrough
around portions of Foster Lake to support lake-full hydraulic pressure. The _-
Formatted:Font:(Default)Adel
applicant shall also discuss the erosion stability and lake management (W1),Strikethrough
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practices of the dam, wall, spillway, and lake shore areas during lake-full
Deleted:z:—l=ose-z of the
periods when wave action or boating will potentially cause additional erosion
and damage to the wall and spillway structures. .the d-paragraph-
- -- ds eluwal-
I. Since the State Engineer's Office and the Colorado Division of Water Rwerlwthe pomeneuhe-
Resources, Dam Safety Branch, have not yet provided review of the : site. T`ic="'tenet etch-
simulated dam break/overflow scenarios,adequate width,depth,flow rates
and capacity, and erosional stability of the Waterfront, proposed overflow i X006,and-deeseet-
channel (Clear Day Breach Channel)cannot be assessed at this time. To ogre-with the Tatra Tsh
ensure public safety, Weld County will defer comment on the design Tech RMC memoran-'um.dated
-
parameters of this channel until receiving written approval of the adequacy of .; 0,043,45r20064Fdleafre-tiflat-
the designs presented in the June,2007,Hydrologic and Hydraulic Analysis � adjacent
Proposed Spillway and Channel for the Highland No.3 Reservoir Waterfront
at Foster Lake SEODAMID 050135 Report from the State Engineer's Office
and the Colorado Division of Water Resources, Dam Safety Branch. expterat 0O€
this mien; g-
t-
125 MUD Structural Land Use Map 2.1,dated January,2007,addressing the tt us,aar(au o seuree of a
proposed residential component east of Foster Lake within an area identified gravelAs-feendat is
.
conditienc, he applicant-shall-
L i Prior to recording the final plat: reeeee fcro"cOc¶
9
"submitro"�'-ef-theudefi appsesets-
A. The applicant shall submit written evidence to the Department of Planning �wde-fig a:;-
Services that all requirements of the St. Vrain Valley School District have '.
been completed. .._er`front
me -�wsien-on ft the-Waterfront
B. The applicant shall submit written evidence to the Department of Planning 11
Services that all of the concerns of the Department of Public Works have �"'"""'�ts
been addressed and resolved to the satisfaction of the Department.
spillway ---- -
C. The applicant shall submit written evidence to the Department of Planning aaaeptedsyta i
Services that all of the concerns of the State Engineers Office and the •Deleted:By. The internal local road
Colorado Division of Water Resources, Dam Safety Branch,specific to the right-of-way shall be 60 feet in width,
dam,the proposed channel,and related facilities,have been addressed and including cul-de-sacs,with a 65-foot
resolved to the satisfaction of the State Engineer's Office. The radius,and dedicated road t r public.
g The internal ndl edicater right-of-
way shall be 80 feel in width and
D. The applicant shall provide the Department of Planning Services with dedicated to the public.¶
11
Certificates from the Secretary of State showing the Homeowners' BW. The Highland Ditch Company,
Association has been formed and registered with the State. the Highland No.3 Reservoir(aka
Foster Lake,the No.3 Outlet Ditch
Company and the Sanborn Reservoir
E. The applicant shall submit evidence to the Department of Planning Services Ditch Company)must be
that the Covenants have been approved by the County Attorney's Office. appropriately labeled and
dimensioned,including setbacks,
easements,and rights-of-way,along
F. The applicant shall present a unanimous petition of all landowners and with proposed relocation as required
residents of the Waterfront at Foster Lake PUD registered to vote in the and as stipulated in the signed and
reState of Colorado, thus qualifying the Development for inclusion into the ¶corded agreement.¶
Southwestern Weld County Law Enforcement Authority(SW CLEA,).A LEA is BX. The plat(s)shalt be amenL,,.131
a taxing unit with a maximum mill levy of 7.0 mills created for the purpose of --{Formatted:Not Strikethrough
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providing additional law enforcement by the County Sheriff to the residents of
the developed or developing unincorporated Weld County. The revenues
would be available initially to provide directed patrols and eventually to
provide additional deputies to carry out those activities within the LEA. This
is intended to offset the demand for law enforcement generated by increased
population densities.
G. Finalized covenants and the appropriate recording fee(currently$6.00 for
the first page and$5.00 for all others)shall be submitted to the Weld County
Department of Planning Services for recording at the Weld County Clerk and
Recorders office.
H. The applicant shall submit a mylar plat,ready for recording for the vacation of
. The - Formatted:Font:(Default)Arial
applicant shall provide the Department of Planning Services with an �(W1),Strikethrough_
application for the vacation of County Road 28 right-of-way with the - Formatted:Font:(Default)Arial
submittal of the Final Plat application materials (wt),Strikethrough
I. The applicant shall submit the appropriate On-Site and Off:Site
Improvements Agreements and post the appropriate collateral for each
Phase or Filing. Collateral shall be reviewed andsapproved accepted by the - - ---{Formatted:Font:(Default)Arial 1
Board of County Commissioners. l(W1),Strikethrough
J. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is.tif(Group 4). (Group 6 is not acceptable).
K. The applicant shall submit evidence for inclusion into the Southwest Weld
County Law Enforcement Authority to the Department of Planning Services.
7. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. Prior to the commencement of construction activities, stormwater erosion
control and sediment control Best Management Practices shall be in place in
accordance with approved permits, plans, Weld County Code, and Urban
Drainage Standards. Silt fences shall be maintained on the down gradient
portion of the site during all phases of the site construction.
C. The applicant shall provide a letter on letterhead from the Mountain View Fire
Protection District stating that all requirements have been met for each Filing
and/or Phase of this development.
D. Stormwater Best Management Practices shall be in place in accordance with
the Weld County Code and Urban Drainage Standards. Silt fences shall be
2008-**
PL1934
CHANGE OF ZONE#1126 FROM A(AGRICULTURAL)TO PUD-HF HOLDINGS, LLC
PAGE 36
maintained on the down gradient portion of the site during all phases of the
site construction.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of May,A.D.,2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Date of signature:
2008--**
PL1934
Page 33:[1]Deleted Bruce Barker 4/3/2008 8:52:00 AM
The applicant shall submit written evidence from the Mountain View Fire
Protection District stipulating that there is adequate fire flow for all
residential areas within this development. Further,the evidence shall
include the fire flow analysis documents with a written sign-off from
the Fire Marshall for the Mountain View Fire Protection District.
E. The applicant shall submit written evidence of an accepted erosion
control plan from the Longmont Conservation District specific to
buffer areas adjacent to rivers, lakes, and ditches to protect against
erosion.
F. The applicant shall submit written evidence from the Colorado
Division of Wildlife (CDOW) specific to buffer areas adjacent to
rivers, lakes and ditches regarding protection from impacts to wildlife,
existing and proposed vegetation, and disturbance including issues
of noxious weeds.
G. The applicant shall submit a Finalized Agreement with signatures
from all affected parties, including, at a minimum, Kerr-McGee Oil
and Gas Onshore, LP, and Waterfront at Foster Lake, LLC, for
drilling operations within Sections 27 and 34, Township 3 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
H. The applicant shall submit written evidence addressing the
stormwater or non-point source contaminates that may not be
adequately contained within the development that may flow downhill
into the St. Vrain River, per the referral from the Colorado State
Parks.
The applicant shall submit a finalized agreement with signatures from
all affected parties, including, at a minimum, Waterfront at Foster
Lake, LLC, or their assignees, and the St.Vrain Valley School District
stipulating that the Agreement to Mitigate the Impact on Schools has
been reached.
J. The applicant shall submit a Final Phasing Plan for all Filings and
Phases of this development.
K. The road layout, including the road name nomenclature,for review by
all referral agencies and for preliminary addressing of the
subdivisions lots by Filing or Phase.
L. The applicant shall provide the Department of Planning Services with
a copy of the Restrictive Covenants,the Law Enforcement Authority,
and Homeowners'Association incorporation paperwork for St. Vrain
Lakes PUD for review by the Weld County Attorney's Office. Any
changes requested by the Weld County Attorney's Office shall be
incorporated.
M. The applicant shall provide the Department of Planning Services with
a deed, for recording with the Final Plat, that documents the open
space and mineral rights are deeded to the Metropolitan District.
N. The applicant shall provide an Open Space/Landscape Plan, per
Section 24-3-50.G of the Weld County Code for review and approval.
O. The applicant shall provide additional information pertaining to the
plant materials, including common, botanical, and species names,
size at installation, and any additional information deemed necessary.
P. The applicant shall submit a Re-vegetation Plan of all areas
disturbed during construction. The plan shall include information
regarding plant type, installation methods, and maintenance.
Q. The applicant shall demonstrate how the proposed plant material will
be watered. Further, the applicant shall provide evidence that the tap
from Long's Peak Water District is permitted to provide irrigation
water to the landscaped areas.
R. The applicant shall submit a time frame for site construction, roads,
parks, and open space in accordance with Section 27-2-200 of the
Weld County Code.
S. The Weld County Building Technician will provide addresses at the
time of Final Plat. The subdivision street name and lot addresses
shall be submitted to the Mountain View Fire Protection District, the
Weld County Sheriffs Office, Ambulance provider, and the Post
Office for review. Written evidence of approval shall be submitted to
the Department of Planning Services.
T.
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Z. Page 2 of the applicant's submittal, the third sentence in the third
paragraph states,"Geology includes alluvial sands and gravel by the
St. Vrain River in the southern portion of the site." This statement
does not match the bore hole data presented in the Wassenaar
Geotechnical Report, dated April 26, 2006, and does not agree with
the Tetra Tech memorandum conclusions. The Tetra Tech RMC
memorandum, dated August 25, 2006, indicates that "Review of
Colton and Fitch (1971) indicates the low lying area adjacent to the
St.Vrain River in the southeast corner of the site is a potential source
of sand and gravel. However,exploratory drilling(Wassenaar,2006)
did not encounter sand and gravel in this ar a. In addition, soils
mapping by the U.S.D.A. (2006) concludes that the site soils are a
poor source of gravel." As foundation requirements and control of
groundwater may be impacted by the subsurface conditions, the
applicant shall reconcile these differences.
AA. Page 3 of the applicant's submittal include figures RA 2 and RA 6 of
the Urban Drainage Criteria Manual. The applicant shall identify the
boundary of the Waterfront Subdivision on these maps.
AB. Page 4 and 5 of the applicant's submittal shall discu"s in detail how
the Foster Lake dam breach path and spillway will safely convey
flows through the subdivision. When accepted by the Colorado
Division of Water Resources, Dam Safety Branch,the applicant shall
provide an executive summary of the Ilydrologic-and Hydraulic
Analysis Proposed Spillway and Channel for the Highland No.-3
Reservoir Waterfront at Foster Lake SEO DAMID-050135.
AC. Several of the proposed detention ponds discharge into the Clear
Day Breach Channel. The applicant shall clarify whether these extra
flows-in-the channel have been accounted for in the Dam Broach
Analysis.
AD. Only one of the basins D1 through D5 pond discussions describe any
freeboard. The applicant shall show and discuss the freeboard of all
the detention ponds.
AE. Detention Ponds 4 and 5 apparently arc proposed to rcl ase directly
into the St. Vrain River. The applicant shall discuss, in detail, how
these outfalls will be protected during the 100 year flood flows.
AF. The applicant shall explain, in more detail, the Neighboring Flows,
flow rate going into Foster Lake, and any flows coming from the I ligh
School onto the Waterfront site.The applicant shall include flow rate
and safe conveyance of these flows through the site in this
discussion.
AG. Page 6 of the applicant's submittal shall provide more detail on the
proposed underdrain system to contend with the high water table
identified within this site, as described by the Wassenaar
Geotechnical Report, dated April 26,-2006. The applicant shall
indicate where this system will discharge captured ground water.
All. For the Final Plat, the applicant shall explain, in detail, how the Fligh
School site detains, releases, and routes stormwater safely through
and around the Waterfront site. The applicant shall describe any
undetained areas within the school site and how they will affect the
waterfront neighboring flows.
Al. An individual (typical) lot grading plan will be required for ach
proposed residential lot configuration. This plan shall show how
each lot is graded,-providing for drainage between and along lot
lines. For the Final Plat, the applicant shall also include a minimum
basement elevation for each lot, and indicate what lots will not be
able to have basements or crawl spaces due to the high water table
reported in the Wassenaar Geotechnical Report, dated April 26,
2006.
AJ. In the Final Plat submittal, the applicant shall show the locations of
ditch access for maintenance, describe maintenance plans(who will
mow, control weeds), and provide written agreements between
Waterfront and the ditch owners covering these topics in the Final
flat submittal.
AK. National Pollutant Discharge Elimination System (NPDES
requirements will dictate that the applicant obtain a-Stormwater
Discharge Permit from Colorado Department of Public Health and
Environment. A copy of this permit and -a Best Management
Practices Erosion Control Plan will be required by the Department of
Public Works as part of the Final Plan submittal. No site grading will
be permitted untilthese documents have been submitted and
reviewed.
AL. Site specific water quality measures to be installed at specific
locations should be shown on the plans rather than-copies of
measures available from the Urban Drainage Manual and Boulder
County.-The applicant shall include these water quality measures in
the drawings for the Final Plat submittal.
AM. All drainage facilities, including swales and-pipes, must be in
drainage easements shown on the Final plat. Proposed detention
ponds must be placed in a perpetual drainage easement, along with
an access easement to be secured and maintained to allow repair
and maintenance of the detention ponds and inundated areas.
AN. Appendix A: The applicant shall show the outer boundary of the
Waterfront Subdivision on the submitted Federal Insurance Rate Map
(FIRM) Map.
AO. Appendix B: The applicant shall include all of the historic Colorado
Urban Hydrograph Procedure(CUI IP)input and output data sheets.
AP. Appendix B: Historic CUI IP input The applicant shall explain,
provide calculations, and show maps or plans as to how all the
values for the spr ad sheet data were derived. The maximum
percent impervious for historic flows is two (2) percent,-and the
applicant shall update and correct the calculations.
AQ. Appendix C: The applicant shall indicate all off site flows around the
Waterfront-echo.
AR. Appendix C: For the developed case CUI IP The applicant shall
include all of the developed CUI IP input and output data sheets,and
explain, provide calculations,and show maps as to how all the values
for the spread sheet data were derived.
AS. Appendix C: The proposed slope values appear to be too flat. The
site has elevations between 1,985 feet and 4,920 feet,or about sixty•
five (65)feet of fall across the site.-The applicant shall provide the
time of concentration calculations and show the route on a map or
plan.Any basins less than 0.111 mi^2 or 90 acres shall have the time
of concentration calculated when using CUI IP.
AT. Appendix C: The Manning'n' values used in the Environmental
Protection Agency(EPA)Stormwater Management Model(SW MM)5
appear to be low,(see page 2 of the SW MM 5 input data and explain
these values in detail).
AU. Appendix C: The applicant shall include the 10 year developed storm
event calculation if culverts are to be proposed within the subdivision.
AV. Appendix C: The applicant shall show the 100 year storm event
detention pond volumes as acre feet.
AW. Appendix D: In the Waterfront at Foster Lake proposed drainage
runoff calculations spreadsheet, the applicant shall include more
detail as to how the'C'factor values wore derived by providing the
amounts of roadways,-sidewalks,-driveways, house and garage
roofs, and landscape areas for each sub basin and basin within the
subdivision.
AX. Appendix D: The Basin H3 100 year composite 'C' value does not
match the drainage basin map. The applicant shall tabulate or
explain the type and locations of the sub basin discharges.
AY. Appendix E: The applicant shall describe whether the Grass Buffer
and Grass Swales will be irrigated. If these drainage facilities will not
be irrigated, use a reduced Manning's 'n' value to more accurately
characterize these f atures which will be closer to bare soils than
grassed channels.
AZ. Appendix E: The applicant shall explain and show where underdrains
will discharge.
BA. Appendix E: Due to the increased maintenance, Weld County
recommends not using the Urban Drainage well screens in front of
the Water Quality Capture Volume (WQCV) plate. These well
screens plug very easily creating a pond of water that can be a
breeding ground for mosquitoes. During the sizing of the holes for the
WQCV plate, Weld County recommends using as large a hole as
possible with the fewer columns.
BB. Drainage Plan Sub Basin Map: Sheet 1 of the applicant's submittal
The applicant shall label the contours so they are readable.
BC. Drainage Plan Sub Basin Map: The applicant shall show, on a
drawing, the time of concentration historical paths used to determine
the initial overland-flow-and the travel time for the time of
concentration calculations.
BD.- Drainage Plan Sub Basin Map: The applicant shall include the flows
from the five(5)acre parcel in the middle of this project labeled: "This
property is not part of this development." Flows from this Anderson
Outlet parcel must be safely routed through the development.
Waterfront is not required to detain these outlet flows. Conceptually,
these flows may be assumed to pass through the detention ponds
and over the emergency weir, not through the pond's five (5) year
historic release orifice plate.
BE. Drainage Plan Sub Basin Map: Sheet 2 of the applicant's submittal -
The applicant shall show the detention ponds, and basins X and Y
since they are not detained and release directly to the St.Vrain River.
The applicant shall also show the detention pond outlet pipes and
pond overflow weirs for the St. Vrain Valley School District High
School #7 parcel.
BF. Drainage Plan Sub Basin Map: Sheets 3 through 11 of the submittal
The applicant shall indicate the 100 year water surface elevation
(WSEL),emergency spillway weir and its elevation, outlet structures,
and free board elevation for all the detention ponds.
BG. Drainage Plan Sub Basin Map: The applicant shall show and label all
the existing oil and gas wells, plus show the drilling windows of all
fps_
Bit Drainage Plan Sub Basin Map: The applicant shall label all
residential lots with an'A'or'B' lot designation and show how each of
these lot types will route the stormwater around and away from the
homes and to the street.
BI. Drainage Plan Sub Basin Map: Due to the presence of high ground
water in some areas, per the final Geotechnical Report,the applicant
shall label all residential lots as to being acceptable or unacceptable
for basements, crawl spaces,and/or walkout basements,and include
a minimum basement finished floor elevation.
BJ. Drainage Plan Sub Basin Map: The applicant shall provide a top of
foundation elevation for each lot ensuring one (1)foot of free board
above the maximum allowed street stormwater capacity for the 100-
year storm event. The depth of stormwater between houses also will
need to be considered.
BK. Drainage Plan Sub Basin Map: The applicant shall show,-on a
drawing, the time of concentration developed paths used to
determine the initial overland flow and the travel time for the time of
concentration calculations.
BL. Drainage Plan Sub Basin Map: The applicant shall label all roadways
on each drawing or map.
BM. Drainage Plan Sub Basin Map: the applicant shall label all low and
high points on all roadways.
BN. Drainage Plan Sub Basin Map: The applicant shall dimension all
setbacks from Foster Lake, channels, swales, ponds, and other
envelopes may be required.
•
Planning Services. It indicated the gravel and sand source rate is
poor for this site. No lots or development are planned in the low lying
area adjacent to the Saint Vrain River. The applicant shall provide
evidence of poor aggregate materials on the site.
•
the future oil and gas production locations and how accesses to the
existing and future wells -and tank batteries will be handled
roster Lake Subdivision, stamped by Colorado registered engineer
shall be submitted at time of Final Plan, specifically addressing the
BR. Amend Geotechnical Report: The applicant shall update text in the
report which does not match the Swell Consolidation test results.
BS. Amend Geotechnical Report: Sheet 12 of the applicant's submittal -
This report does not address slope stability which is required for Final
Plat submittal. In particular,- therefore, the applicant shall address
public safety and setbacks along the edge of Liberty Gulch.
BT. Amend Ceotechnical Report: A Final Ceotechnical Study with
pavement design recommendations will be required to be submitted
during the Final Plat. In this final Ceotechnical Report, the applicant
shall include data from drill borings along the centerline of all
proposed streets; borings should be spaced every 500 feet,or as
required by rapidly changing soil conditions.
B"
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BV. The internal local road right-of-way shall be 60 feet in width,including
cul-de-sacs, with a 65-foot radius, and dedicated to the public. The
internal collector road right-of-way shall be 80 feet in width and
dedicated to the public.
BW. The Highland Ditch Company, the Highland No. 3 Reservoir (aka
Foster Lake, the No. 3 Outlet Ditch Company and the Sanborn
Reservoir Ditch Company) must be appropriately labeled and
dimensioned, including setbacks, easements, and rights-of-way,
along with proposed relocation as required and as stipulated in the
signed and recorded agreement.
BX. The plat(s) shall be amended to accurately delineate any gathering
line easements for the existing oil and gas structures and all
proposed structures, along with proposed relocation, if necessary,as
stipulated in the signed and recorded agreement.
BY. The applicant shall be required to provide written and graphic
evidence from the School District and post office that the proposed
mailbox location and bus shelter plan meets their design standards
and delivery requirements for the mailbox facility and the proposed
school drop off/pick up location. Written evidence of compliance with
their standards and requirements shall be submitted to the
Department of Planning Services. Further, evidence shall be
provided that each facility meets the intent of the Americans with
Disabilities Act (ADA) for access. The Department of Building
Inspection shall review the proposed structures for compliance with
all applicable codes, as warranted. Evidence of approval shall be
submitted to the Department of Planning Services.
BZ. The plat shall delineate and identify the road inter-connections from
the Waterfront at Foster Lake PUD into Kiteley Ranch at Foster Lake
PUD(Pioneer Drive),and identify the connection from the Waterfront
at Foster Lake PUD into the Mead Crossings Subdivision
development(Highland Drive) adjacent to the north.
CA. The plat shall delineate a pedestrian connection to the Kiteley Ranch
at Foster Lake PUD development to the north prior to recording the
Change of Zone plat.
CB. Amended MUD Structural Land Use Map 2.1, dated January, 2007,
delineates plans for a trail connection along Foster Reservoir to the
north. A trail shall be established along the northeastern edge of the
property connecting to Pioneer Drive for the planned future regional
trail system.
CC. A trail shall be established along the southwestern edge of the
property connecting to the Adler PUD, or successors of this platted
subdivision of land, for the planned future regional trail system.
CD. The applicant shall remove all easements located off-site and outside
of the delineated property line, as the location is outside of their
control.
CE. The applicant shall submit details of the proposed mailbox areas to
the appropriate postal district for review and approval. Any required
changes shall be indicated on the Final plat. Further, the applicant
shall verify that each facility meets the intent of the Americans with
Disabilities Act(ADA)for access.
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