HomeMy WebLinkAbout20083055.tiff Wela C3unty Plamrling Departmen`
C0LFEI_EV OFFICE
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Memorandum
eEn
TO: Roger CaruSo, W.C. Planning
I DATE: June 5, 2007
C FROM: Pam Smith, W.C. Department of Public '
COLORADO Health and Environment �
CASE NO.: PZ-1131 NAME: Robert Buderus/Serenity View
The Weld County Health Department has reviewed this application for a 9 lot PUD on 59.4acres. The
minimum lot size is 3.15 acres, and coupled with the overall density of one septic system per 6.6
acres does meet current Department policy.
The application has not satisfied Chapter 27 of the Weld County Code in regard to water and sewer
service. The application states the water will be supplied by North Weld County Water District. An
agreement between the applicant and North Weld County Water District has been approved by the
County attorney. A copy was not submitted to the Health Department. Sewer will be provided by
individual sewage disposal systems.
The preliminary percolation data conducted by Earth Engineering Consultants and dated October 11,
2006 indicates that there is a potential for perched water tables because of the shallow bedrock and
permeable soils above. Preliminary percolation rates were found to be 8 to 10 minutes per inch and
bedrock was found at 4 feet below grade. Some areas are anticipated to have engineered septic
•
systems. The Cactus Hill Lateral is located on the eastern property boundary, and all septic systems
must meet a 100 foot setback to this canal.
The application states that limited large animal activity will be allowed on the lots.
The initial impact plan (section 27-6-40) in the application materials appears to adequately address all
impacts.
The Department recommends approval with the following conditions:
1. Water service shall be obtained from North Weld County Water District
2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
3. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area, Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
4. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
• the Weld County Health Department, a fugitive dust control plan must be submitted.
EXHIBIT
2008-3055 1
1
5
5. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
• practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions.
6. If land development creates more than a 25-acre contiguous disturbance, or exceeds 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.
7. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat.
0:\PAM\Planning\chzone\pz1131 Buderus Serenity View.rtf
•
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MEMORANDUM R t
TO: Roger Caruso, Planning Services DATE: 06 June 2007
WI I
FROM: Jesseblic Works Dept., and
g e. Brian Varrell ,P.E., CFM,Public Works Dept.
ocky
COLORADO SUBJECT: PZ-1131, Serenity View COZ Review #1
Weld County Public Works Department has reviewed this Change of Zone (COZ) request. Comments made
during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise
during the remaining application process.
Comments
General Comments:
1. The Serenity View Estates PUD Subdivision is planned for up to 9 single-family residential building sites.
2. Based on the proposal of limited development and apparent low traffic impact, a traffic study is not currently
required. This 9 residential lot development will add approximately 86 trips per day to the transportation system.
For the purpose of simplicity, it will be assumed that all traffic enters WCR 15 from the development site. Should
a dispute arise concerning traffic and associated impacts, a traffic impact study shall be required.
a. Recent traffic counts on CR 84 adjacent to the proposed development between CR 15 and CR 17 = 119
aadt.
3. This development will introduce additional vehicle trips to the roadway system. This increased level of traffic on
unpaved roads creates fugitive dust and surface maintenance problems. The applicant shall enter into an
agreement with the County to proportionately share the cost of future paving. The cost will be based on a
proportion of the traffic generated by the development to existing (background) traffic on CR 84 between WCR
15 and WCR 17, which connect to paved roadways. The applicant shall submit a proposed off-site agreement
with the final plan.
a. At the time of Final Plat submittal the applicant will be required to enter an offsite agreement for dust
mitigation on WCR 84 for the frontage of their property. Dust suppressive chemicals (magnesium chloride
or approved other) shall be placed no less than twice a year, or as determined by the Weld County Motor
Grader Supervisor.
b. The applicant shall be required to escrow 30% of future paving costs of of WCR 84 based on the
above traffic counts.
External Roadways:
1. CR 84 is classified by the County as a local gravel road (Weld County Roadway Classification Plan, June 2002)
south and adjacent to the proposed development requiring a 60-foot right-of-way. 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 on the Final Plat.
2. The nearest paved road to the proposed subdivision is WCR 15 approximately 1/4-mile west of the proposed
entrance to the development.
Internal Roadways:
1. Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be
sixty (60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The
typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the
change of zone plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet.
Page 1 of4 6 June 2007
MV PLANNING—DEVELOPMENT REVIEWI2{Lange of Zone(Z.CZ.PZ.MZ,AMPZ)PZ-1131 Serenity\PZ-1131.Serenity View COZ Review II I doc
2. It is Public Works recommendation to not take maintenance or jurisdiction of the internal roadway. The internal
road shall be maintained by the Homeowners Association (HOA). The applicant shall enter an Improvements
Agreement for Private Road maintenance at the time of Final Plat submittal.
Geotechnical Report:
1. A Preliminary Subsurface Exploration Report, dated October 11, 2006, and a Geologic Hazards Evaluation, dated
September 19, 2006, were both submitted by Lester L. Litton (PE#23957) of Earth Engineering Consultants.
a. Proper notation with regards to shallow groundwater and construction concerns shall be placed on the
Change-of-Zone Plat.
b. A final Subsurface Exploration Report signed, stamped and dated by a registered Professional Engineer in
the state of Colorado will be required on the Final Plat submittal,
Zone Change Plat:
1. Please update the title sheet to show case number PZ-1131.
Drainage Comments—please resolve the following items during this Change of Zone process.
u Public Works received a Sketch Plan Drainage Report for Serenity View Estates PUD, herein referred to as the
COZ drainage report. The report was submitted by Jeff Couch (PE# 16584), of Team Engineering, and is dated
May 10,2007.
❑ The COZ drainage report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of
Colorado.
1. The title of the COZ drainage report must be updated from "Sketch Plan"to"Change of Zone".
2. Please provide an appropriate scale and north arrow on the Vicinity Map,per Weld County Code 23-2-50(C).
3. Please add a D-Size (24"x36") copy of the Drainage and Erosion Control sheet from the construction
drawings. If this sheet does not exist, it must be created and submitted for review.
a. This sheet must be included in a map pocket attached to the report, and be stamped, signed, and dated
by a registered P.E. licensed to practice in the state of Colorado.
• b. Please show the location and approximate size of the detention pond, the outlet structure and pipe, the
emergency overflow spillway, and all proposed pipes and swales anticipated in the subdivision and
offsite.
4. Please specify the number of proposed lots in Section 1, Part C of the COZ drainage report.
5. Please note Class C soils were assumed for all calculations in Section 2, Part ID of the COZ drainage report.
6. Please expand the discussion in Section 3, Part B of the COZ drainage report to describe how offsite flows
will be routed around the subdivision. Please show any proposed swales or improvements on the Drainage
and Erosion Control Plan sheet in the construction drawings.
7. Please prepare offsite agreements for the WCR 84 modifications identified in Section 4, Bullet 6 of the COZ
drainage report. This agreement shall be finalized and approved by the County before recording the Final
Plat.
8. Please add a note to the end of Section 4 as follows: "Weld County will not be responsible for the
maintenance of drainage related facilities. " This note must also be added to the general notes on the COZ
plat.
9. Section 4 of the COZ drainage report notes that internal "roadway grading will conform to existing terrain
slopes." This may not be possible with the 2.0% required cross slope on the internal road (Weld Co. Code
24-7-20.C).
10. Please add an item D to the Permanent Erosion Control Measures identified in Section 5 of the COZ drainage
report. This item shall included proposed erosion controls for proposed swales identified on the previous
page.
11. Comments for the Appendix of the COZ drainage report:
a. Please add an appropriate water quality capture volume (WQCV) to the proposed detention pond, per
the USDCM, Vol. 3 (UD&FCD 2001).
•
Page 2 of 4 6 June 2007
M:APLANNING—DEVELOPMENT REVIE W 2-Change of Zone IL CL PZ.MZ,AMPZEPZ 1131 Serenity APZ-1131,Serenity View COZ Review((I doc
b. The time of concentration (Tc) calculations are incorrect. Figure RO-1 may only be used for the
overland flow portion of the Tc calculation, and cannot be applied to the swale flow portion. Please
• correct using a C.= 7 in Equation RO-4.
c. Please provide engineering calculations to support the values for I in the Rational Method
calculations.
d. The culvert design on the second page of engineering calculations does not account for inlet or outlet
control. The current analysis does not prove the proposed pipe can convey full flow in the 10-year or
100-year condition, and does not calculate the upstream headwater depth (I4W) on the pipe.
i. A culvert must be shown on the Drainage and Erosion Control Plan to understand where this
pipe is located.
ii. The headwater-to-diameter ratio must not exceed HW/D = 1.0 for the 10-year storm, and
must not exceed HW/D = 1.5 for the 100-year condition,per Weld County Ordinance 2006-7.
iii. Please provide a full pipe design with engineering calculations in the Final Plat submittal.
The current analysis will not be acceptable as presented.
e. The Tc calculation for offsite flows includes a velocity of 1.5 fps for the entire 1050 ft of offsite
flowpath. Please calculate an overland flow portion and a swale flow portion utilizing appropriate
methods/tables/figures/equations from the USDCM(UD&FCD 2001).
f Offsite flow contributions shall not be included in the detention pond volume calculations or in the
allowable release rate.
i. The pond shall be sized to capture the 100-year onsite developed runoff, and release it at a
rate not to exceed the 5-year onsite historic runoff rate, per Weld County Code 24-7-130, and
Weld County Ordinance 2006-7.
ii. All offsite runoff shall be managed through the site, but shall not be detained or included in
the detention pond sizing calculations.
iii. The current detention pond calculations underestimate the required onsite detention pond
volume. Please correct errors in the calculations, and adjust the pond size and lot
configurations as necessary.
IDThe following comments shall be addressed with the Final Plat application:
❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility
Board recommendations.
❑ Intersection sight distance triangles at the development entrance will be required. All landscaping within the
triangles must be less than 31/2 feet in height at maturity, and noted on the final roadway plans.
❑ The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway /
construction & grading plan drawings for review (with the final plan application) and approval. Construction
• details must be included.
❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for (on-site and
off-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and
shall be approved by the Board of County Commissioners(BOCC)prior to recording any final plat.
❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado
shall be submitted with the final application. The 5-year storm and 100-year storm drainage studies shall take into
consideration off-site flows both entering and leaving the development. Increased runoff due to development will
require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition.
The final drainage report shall include a flood hazard review documenting any FEMA defined floodplains and
floodways. The engineer shall reference the specific map panel number, including date. The development site
shall be located on the copy of the FEMA map.
❑ At the time of Final Plat submittal, the applicant will have to obtain final sign-off from the Postmaster for
proposed mailbox kiosks, and sign-off from the appropriate school district on proposed bus shelters.
❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final
application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for
rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows,
• while taking into account adjacent drainage mitigation.
Page 3 of 4 6 June 2007
M\PLANNING-_DEVELOPMENT REVIEWI2-Change atone It CZ,Pt ME,AMPZIPZ-I 131 Serenity yPZ-I 131,Serenity View COZ Review PI doc
o Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and
dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan
application.
• Recommendations
The above comments are prerequisites and shall be fulfilled prior to recording the Change of Zone.
Theappbcant hall�ddress"andvesolvethe3Change,ofZone commentslistedabove: The'rei4cw process will
`contmuew ena'lla_pproprate-e'lementsshave ieeusubmitted y:itssueso, :concern m ok ustbe.esed eiththe
AO-
Pub7ie'Works Department to recordingtbe ChangeereZone and�inpl Plats
•
PC: PZ-1131,Serenity View COZ Review#Ldoc
Email&Original: Planner: Roger Caruso,Planning Services
PC by Post: Applicant Robert L.Buderus
PC by Post Engineer. Team Engineering
Page 4 of 4 6 June 2007
M IPLANNING—DEVELOPMENT REVIEN 2-Change of Zone(Z.CZ.PZ.MZ.AMPZIP7 1131 SerenindAPL1131.Scrennv View COZ Review dl.doe
46ti(c
Weld County Referral
IMay 7, 2007
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Buderus Case Number PZ-1131
Please Reply By June 7, 2007 Planner Roger Caruso
Project Change of Zone from (A) Agricultural to PUD (Serenity View Estates) for nine (9)
lots with (E) Estate Uses (59 acres) and two (2) non-residential outlots (15 acres)
for open space.
Legal Lot B of RE-3684; Part of the SW4 and SE4 of Section 5, T7N, R67W of the 6th
P.M., Weld County, Colorado.
Location North of and adjacent to CR 84 and approximately 72 mile east of CR 15.
Parcel Number 0705 05 300016
• The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) July 3, 2007
J We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
D We have reviewed the request and find no conflicts with our interests.
See attached letter.
U Please notify me of any public hearings regarding this request.
Comments:
Signature e--c ///Date A� c�/Q
Agency
G c
•
<Weld County Planning Dept. +918101°Street. Greeley, CO. 80631 :•(970)353-6100 ext.3540 +(970) 304-6498 fax
DEPARTMENT OF PLANNINSERVICES
BUILDING INSPECTION NORTH OFFICE
‘ti‘f
918 10th (970) 3 Y, COLORADO 80631
PHONE (970) 353-6100, EXT.3540
• FAX (970) 304-6498
SOUTH WEST OFFICE
Q 4209 24.5 LONGMONT CO 80504
PHONE (720)652-4210 ext. 8730
COLORADO FAX (720)-65-4210
May 24, 2007, 2007
Robert Buderus
A change of Zone from A (Agricultural) to PUD for nine (9) residential lots with E (Estate) Zone uses 59
acres and 2 non-residential outlots along with 15 acres of open space.
PZ-1131
1. A separate building permit shall be obtained prior to the construction of any building.
2. A plan review is required for each building for which a building permit is required. Residential building
plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
International Building 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.
• 4. 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.
5. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by
the Zoning Ordinance.
6. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of construction
and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. When measuring buildings to determine
offset and setback requirements, buildings are measured to the farthest projection from the building.
Property lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
7. Provide a letter of approval from Poudre Fire Protection District prior to construction.
•
8. There are no historical building permits on this parcel.
Please contact me for any further information regarding this project.
Sincerely,
Frank Piacentino
• Plans Examiner
Weld Count; Planning Department
H ry OFFICE
• Iv °(l0"
oria
Poudre Fire� RECEIVED
/Authority/
TO: Roger Caruso
FROM: Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone
970.416.2869 0L,
RE: Change of Zone, Serenity View Estates
DATE: June 7, 2007
CC: Robert Buderus
Poudre Fire Authority will enforce the 1999 Larimer County Land Use Code Section
8.1.4.E., Other standards, and the 1997 Uniform Fire Code and its accompanying local
ordinances, as follows:
• • PFA has no comments or concerns at this time.
•
bid c. Manning Department
rY OFFICE
�y�p NOV 1 � Z006
utll l� Ire Fire Prevention Bureau Rc ��®W
on 9`70- 2 0
-6635
ti , Authority For Remington Street Fax: net: w w.pou
_ IJJ�l �1 Fort Collins, CO 80524 Internet: www.poudre-fire_o
TO: Kim Ogle, Weld County Planner
FROM: Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone
970.416.2869
RE: Serenity View Estates PUD (PK-1131)
DATE: Nov. 13, 2006
CC: Robert Buderus
Poudre Fire Authority will enforce the 1997 Uniform Fire Code and its accompanying local
ordinances, as follows:
• WATER SUPPLY: Fire hydrants, where required, must be the type approved by the water
district having jurisdiction and the Fire Department. Hydrant spacing and water flow must
meet minimum requirements based on type of occupancy. Minimum flow and spacing
requirements for single-family residential structures outside the Growth Management Area
are 500 gpm at 20 psi residual pressure, spaced not farther than 400 feet to the building, on
• 800-foot centers thereafter. These requirements may be modified if buildings are equipped
with automatic fire sprinkler systems. 1997 Uniform Fire Code 901.2.2.2
• STREET NAMES: PFA approves the name Serenity View Way. 97UFC 901.4.5.
• CUL-DE-SAC: A dead-end street cannot exceed 660 feet in length. The turn-around at the
end of the street must have an outside turning radius of 50 feet or more, and an inside turning
radius of 25 feet or more. A short fire lane (emergency access easement)is permitted to
facilitate a second point of access when the street is longer than 660 feet. All structures
beyond the 660-foot limit shall be fire sprinklered if a second point of access cannot be
provided. This information shall be included on the plat. 97UFC 902.2.2.3
• ADDRESSING: Address numerals shall be visible from the street fronting the property,
posted with numerals a minimum six (6) inches in height and on a contrasting background.
(Bronze numerals on brown brick are not acceptable). Structures SHALL be addressed off
Serenity View Way(the public street providing access), not WCR 84; numerals shall be in the
41000 block of Serenity View Way, consistent with other north-south roads in the area.
97UFC 901.4.4
• RESIDENTIAL: If the front of any residential structure is farther than 150 feet from the street,
either a fire lane or automatic fire sprinkler system may be required. This information shall
be included in the plat. 97UFC 902.2.1.
0
MAY-16-2007 WED 03: 16 PM WINnSOR SCHOOL DISTRICT FAX NO. °''n 686 5280 P. 04/0"
• (il
&i Weld County Referral
1 I May 7, 2007
RECD MAY 0 8 2007
Cl)LORADO
The We id County Department of Planning Services has received the following item for review:
Applia ant Robert Buderus •
ACase Number • PZ-1131
Please Reply By June 7, 2007 Planner Roger Caruso •
Projec: t Change of Zone from (A) Agricultural to PUD'(Serenity View Estates)for nine (9)
lots with (E) Estate Uses (59 acres) and two (2) non-residential outlots (15 acres) I
for open space.
•
Legal Lot B of RE-3684; Part of the SW4 and SE4 of Section 5, 77N, R67W of the 6th
P.M., Weld County, Colorado. I
I
LocafI 1n North of and adjacent to CR 84 and approximately A mile east of CR 15. I
Parce Number 0705 05 300016
• The api ilication is submitted to you for review and recommendation. Any comments or recommendation you
considr::-relevant to this request would be appreciated. Please reply by the above listed date so that we may
give ful consideration to your recommendation. Any response not received before or on this date may be
deemee to be a positive response to the Department of Planning Services, If you have any further questions
regardli ig the application, please call the Planner associated with the request. Please note that now
inform,ition may be added to applications under review during the review process. If you desire to
examir e or obtain this additional information, please call the Department of Planning Services.
Weld ;ounty Planning Commission Hearing (if applicable) July 3, 2007
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
Sea attached letter.
Ple:se notify me of any public hearings regarding this request.
Comm.( nts:
SignEl ore itteNkin,-(j.. �. Date 6'i if) 'U-7
Agen:y K.c--e-f
•
+Weld C aunty Planning Dept. 4fl18 10`"Street, Greeley,CO.50631 4(970)353-6100 ext.3540 4(970)3046498 fax
MAY-18-2007 WED 03: 16 PM WINnSOR SCHOOL DISTRICT FAX N0, °'^ 686 5280 P, 05/C",
EDIR;ATION FOR LIFE
N7I®SO R Stephanie R.W4tson
Assistant Superintendent
Business Services
16 May:.007
Roger C.uuso
Weld Cc untyPlanning Department
918 10' beet
Greeley, ILJJ 80631
RE: Ser:nity View Estates Change of Zone PZ-1131
Dear M, Caruso:
Ti e above referenced application is proposed for a Zone Change within the Planned Unit
Develol:ment (PUD) for nine residential lots with Estate use and 14 acres of agricultural open space on
approru lately 59 acres. The lots are north of and adjacent to Weld County Road 84 and east of Weld
County load 15. This letter first summarizes the implications for school sites and facilities. Second, it
address: the School District's ability to financially accommodate the students this subdivision would
•
generate
B;sed upon the application and previous information provided on behalf of the applicant, the
followin;student generation is anticipated (see Table 1 for detailed calculations):
Estimated Student Generation
School Type
(Grades Served) Students
Elementary(IC-5) 3
Middle (6-8) 2
Senior High(9-12) 2
Total 7
This 1ev:I of student generation results in the need for 0.2 acres of land necessaryto support the school
facilities, required to serve these students. While student and land impacts appear minim approved
resident al development within the area of the project contributes to a substantial cumulative impact upon
the Sch; of District, In addition,the effect upon school site planning is significant because of the difficulty
in acquit ing school sites in the appropriate locations and sizes to serve such development. Given the
rapid gr,wth of other areas within the School District,Weld Re-4 remains concerned with its financial
• WELD COUNTY SCHOOL DISTRICT RE-4
Business Services
I Oi 1 Main Street • P.O. Box 609 - Windnnr, CO 80550 - (970) 686-8000 - Paz (970) 686-5280
MAY-l6-2007 WED 0316 PM W1""'SOR SCHOOL DISTRICT FAX NO. r"1 686 5280 P. 06/07
• abilitytc provide for continuing growth within the area of the project. This and related concerns are
d;scusse fin detail below.
Site Issi tes
Di le to the relatively small number of lots within the development,land dedication is not feasible to
offset tl e impact of growth upon the School District, Therefore, District Re-4 requests cash-in-lieu of
land at .i ae current market value of land within the area (see recommendations). Should the land use of
the 14 a:res of open space change,the District requests the opportunity to respond to any proposed land
use char ges. Given the substantial amount of residential development opportunity within District, it is
strongly recommended that the County,Towns and the Srhool District master plan the cumulative effects
of growl h upon existing and future school sites,
Facility and Fiscal Capacity Issues
G andview Elementary School, Windsor Nfiddle School and Windsor High School currently serve
this area Capariries and recent enrollments of these schools are:
Seats
Student Enrollment Available
School(Grades) Capacity (04/1/07) (Short)
Grandview Elem. School(TC-5) 450 413 37
Windsor Middle School(6-8) 700 809 (109)
• Windsor I-rtgh School(9-12) 1,240 953 287
Capacit:es of the schools that will serve this proposed development are either surpassing or quickly
approac:ling their design limit. Accelerated residential growth and strong growth potential heighten
the Scl.i>ol District's concern regarding its ability to provide adequate educational opportunities.
Approv :d development far exceeds the District's current capacity to fund educational facilities.
Conseq tently, approval of rhic project would exacerbate the expected seat (capacity) shortages.
ks of January 1, 2007, the District's total bonding capacity approximates $90.9 million at 25
percent >f assessed valuation per state statute. Debt outstanding from the previous bond election is $31.6
million )saving $59.3 million available for future fhrility needs throughout the District. Given residential
develop:cent and student potential from already approved but not completed projects, this amount is
likely de )irient to provide the necessary school facilities. If recent rates of growth are maintained, several
schools at all levels will be required to serve the student population For example,the District expects that
within tl,e next five to ten years,a new high school will likely be required;this is in addition to the middle
school r.apacity that is currently exceeded. The costs associated with building a new high school and a
new mi¢rile school will, by themselves, more than consume the remaining debt capacity, compromising
the Disc:ict's abiityto provide for other areas of need. Inadequate bonding capacity is the direct result of
resident.al growth occurring at a pace that well exceeds the District's statutorily limited ability to fund
school c instruction.
•
Pa,cre 2 of 3
WELD COUNTY SCHOOL DISTRICT RE-4
1021 Main Street • P.O. Box 609 • Windsor, CO 80550 ' (970) 686-8000 Fax (9703 686-5280
MAY-16-2007 WED 03 16 PM W'"DSOR SCHOOL DISTRICT FAX NO. 686 5280 P. 07/E
• Recant inendations
TI ie School District remains very concerned about the recent trend toward accelerated residential
activity;nd the ensuing enrollment that will follow as well as the District's physical and finacHal abilities
to serve chat growth. Because land dedication is not feasible from a development of this size, the District
requests that the developer agree to pay cash in lieu of land at the current market value of land within the
District or each lot.
Ir addition, it is respectfully requested that mitigation be provided to offset the unmet capital
costs (i lack of bonding capacity) that will be experienced for school structures, The cost of
sewing me single-family unit is nearly$18,200 in gross infrastructure costs. Over the life of a 20-
year be:id, the net revenue from a single-family home avenges nearly$4,400, leaving about $13,700
in net u unet school capital costs. Although the District realizes that the applicant may be unable to
offset ii L full these expected unmet capital costs, it is requested that the applicant contribute to a
practica proportion of these costs in order to provide for adequate educational facilities. Further, it
is sugge sled that the County; Towns, District, and development community meet to discuss finding
a solunt m to mitigate an equitable portion of these unmet capital costs. Because time is of the
essence, the School District would like to reach this agreement within the near future. Assuming
paymen of cash-in-lieu of land at the updated value of $2,240 per unit and a reasonable
contribi¢ion from the developer toward unmet capital costs, the School District does not object to
approv 1 of this Zone Change. In addition, the School District requests to be notified of any
propos;d land use changes associated with this project. Cooperation of all parties is necessary in
offsettb ig the adverse fiscal impacts.
Y)ur continuing cooperation is sincerely appreciated, as is the opportunity to comment upon
• issues c E interest to the County, the School District and our mutual constituents. Should you have
questio:is or desire further information,please contact me at your convenience.
Sincerel',
Stephan e R.Watson
Assistar t Superintendent of Business Services
•
Page 3 of 3
WELD COUNTY SCHOOL DISTRICT RE-4
102) Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) G86-8000 • Fax (970) 686-5280
STAFF OF COLORADO
•FFICE OF THE STATE ENGINEER
Division of Water Resources L�l� -�°-4�`
Department of Natural Resources
1313 Sherman Street. Room 818 May 10, 2007
Denver, Colorado 80203 --Jan"
Phone (303)866-3581
FAX(303)866-3589 ,;,—!iiy Planning Department
^_2FFt.N OFFICE Bill Ritter.Jr.
ht!p:-uww water state co.us Governor
Mr. Roger Caruso ��'' (l Harns0 Sherman
Weld County Planning Department Executive Director
10th ,, E
918 Street Hai c Simpson,rR
.,,E D
State Engineer
Greeley, Co 80631
Re: Serenity View Estates P.U.D.
Case No. PZ-1131
S1/2 of Sec. 5, T7N, R67W, 6th P.M
Water Division '1, Water District 3
Dear Mr. Caruso:
We have reviewed the above referenced proposal to subdivide a 59.38-acre parcel into 9
single-family residential lots ranging in size from 3.15 to 7.28 acres and to change the zoning from
agricultural to PUD estates uses. We have previously commented on the Serenity View Estates PUD
by our letter dated October 20, 2006 (enclosed). Information from this referral material indicates that
• the North Weld County Water District (District) is still listed as the water provider for the nine
residential lots.
According to the information from the referral material, a line extension agreement and
commitment to serve this area have been provided by the District however a letter of commitment for
service or a copy of the draft Water Service Agreement ("Agreement") from the District were not
provided in the referral material. As mentioned in our previous letter dated October 20, 2006, the
District will typically furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water
year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the
Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the
delivery as necessary when the CBT allotment is less than 50%. Based upon information (dated
September 29, 2005) provided to this office by the District, the District currently has an adequate
uncommitted water supply to provide the water associated with this project.
Since no changes to the proposal water supply for this subdivision were identified in this
referral, the comments from our previous letter dated October 20, 2006 still apply.
If you have any questions in this matter, please contact loans Comaniciu of this office.
Sincerely,
!VC/ Dick Wolfe, P.E.
Assistant State Engineer
cc: Jim Hall, Division Engineer
• George Varra, Water Commissioner, District 3
Water Supply Branch
DW/IDC/Serenity View Estates PUDadd
STATE OF COLORADO
•
FFICE OF THE STATE ENGINEER �/o�a co�w-
vision of Water Resources e/
Department of Natural Resources „= iI
1313 Sherman Street, Room 818 October 20, 2006 1;+V,++/
Denver, Colorado 80203 ;re7e'
Phone(303)866-3581
FAX(303)866-3589 Bill Owens
www.water.state.co.us tFJ 0l0 County lull Planning Department
Governor
g p Russell George
Mr. Kim Ogle GREELEY OFFICE Executive Director
Weld County Planning Department n Hal a Simpson,P.E.
91810th Street MAY _, 1G(l, State Engineer
Greeley, Co 80631
Re: Serenity View Estates P.U.D.
Case No. PK-1131
S1/2 of Sec. 5,T7N, R67W, 6th P.M
Water Division 1, Water District 3
Dear Mr. Ogle:
We have reviewed the above referenced proposal to subdivide a 59.38-acre parcel into 9 single-
family residential lots ranging in size from 3.15 to 7.28 acres. A Water Supply Information Summary Form
was not included in the referral material.
The proposed water source for this development is identified as the North Weld County Water
District("District"). According to the information from the referral material, a line extension agreement and
• commitment to serve this area have been provided by the District, however a letter of commitment for
service from the District or a copy of a draft Water Service Agreement have not been provided. Based on
current information in our files, the District will typically furnish 70% of an acre-foot (228,000 gallons)of
water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water,
as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will
restrict the delivery as necessary when the CBT allotment is less than 50%. Based upon information
(dated September 29, 2005) provided to this office by the District, the District currently has an adequate
uncommitted water supply to provide the water associated with this project.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that
with the District as the water supplier, the proposed water supply may be provided without causing
material injury to existing water rights and the supply is expected to be adequate, provided the applicant
obtains a letter of commitment for service from the District for this development. We recommend that the
County obtain a signed copy of the water service agreement from the District prior to the final approval of
the subdivision.
If you have any question in this matter please contact loana Comaniciu of this office.
Sincerely,
9'b 4c
in Dick Wolfe, P.E.
Assistant State Engineer
cc: Jim Hall, Division Engineer
George Varra, Water Commissioner, District 3
• Water Supply Branch
DW/IDC/Serenity View Estates PUD
•
Weld County Referral
' May 7, 2007
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Buderus Case Number PZ-1131
Please Reply By June 7, 2007 Planner Roger Caruso
Project Change of Zone from (A) Agricultural to PUD (Serenity View Estates)for nine (9)
lots with (E) Estate Uses (59 acres) and two (2) non-residential outlots (15 acres)
for open space.
Legal Lot B of RE-3684; Part of the SW4 and SE4 of Section 5, T7N, R67W of the 6th
P.M., Weld County, Colorado.
Location North of and adjacent to CR 84 and approximately 1/3 mile east of CR 15.
Parcel Number 0705 05 300016
• The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) July 3, 2007
J We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
-_See attached letter.
J Please notify me of any public hearings regarding this request.
Comments:
Signature Date SAS/47
• Agency •cue
)Weld County Planning Dept. +918 10th Street. Greeley, CO. 80631 +(970)353-6100 ext.3540 •(970) 304-6498 tax
SERENITY VIEW LSTATES PUD
Case #PZ-1131 (Ag to PUD) Developer: Buderus/Couch
Planner: Roger Caruso
• PT S2 5-7-67
ZONED PUD/ESTATE
NOT IN FLOOD PLAIN (0475D)
NOT IN STORM WATER PROJECT AREA
RIF AREA #1
NORTH WELD COUNTY WATER DISTRICT
ENGINEERED INDIVIDUAL SEPTIC SYSTEMS
NATURAL GAS - XCEL ENERGY
POUDRE VALLEY REA QWEST COMMUNICATIONS
WINDSOR RE4 SCHOOL DISTRICT POUDRE FIRE AUTHORITY
FT COLLINS PO
STANDARD ESTATE ZONE BULK REQUIREMENTS
9 RESIDENTIAL LOTS & 2 NON-RESIDENTIAL OUTLOTS
PRELIMINARY ADDRESSING (Lin Dodge 5/23/07)
Lot 1 7415 Serenity View Way
• Lot 2 7423 Serenity View Way
Lot 3 7427 Serenity View Way
Lot 4 7431 Serenity View Way
Lot 5 7435 Serenity View Way
Lot 6 7439 Serenity View Way
Lot 7 7443 Serenity View Way
Lot 8 7447 Serenity View Way
Lot 9 7451 Serenity View Way
Open Space 1 7440 Serenity View Way
Open Space 2 7415 Serenity View Way
,3fr °
44\ 44, :;
Weld County Referral
May 7, 2007
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Buderus Case Number PZ-1131
Please Reply By June 7, 2007 Planner Roger Caruso
Project Change of Zone from (A) Agricultural to PUD (Serenity View Estates) for nine (9)
lots with (E) Estate Uses (59 acres) and two (2) non-residential outlots (15 acres)
for open space.
Legal Lot B of RE-3684; Part of the SW4 and SE4 of Section 5, T7N, R67W of the 6th
P.M., Weld County, Colorado.
Location North of and adjacent to CR 84 and approximately 1/2 mile east of CR 15.
Parcel Number 0705 05 300016 p,Rl� g c7 12:i
• The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) July 3, 2007
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
Psi See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comments: P C SGT L�1 ie�r� � vtk
Signature Date i -c s3 c-7
Agency C S C
411
C-weld County Planning Dept. :•918 10'"Street, Greeley, CO. 50631 •i(970)353-6100 ext.3540 :-(970)304-6498 fax
Weld County Sheriff's
Office
•
M e mo
To: Roger Caruso
From: Cdr.J.D. Broderius
Date: June 4,2007
Re: PZ—1131
The Sheriffs Office recommends the following improvements for this housing sub-division:
1. The Sheriff's Office requests that builders and developers designate an area by the entrance of
the sub-division in which to place a shelter for school children awaiting the school bus. This
area should also include a pull off for the school bus which enables it to safely load and unload
children out of the roadway.
2. Either mail distribution within the sub-division or a central drop off location within the sub-division
should be developed so that residents do not have to cross a county road to obtain their mail.
• 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the
sub-division, address, and a graphical presentation of the roadways within the subdivision.
There should be a plan developed to maintain this sign.
4. If the roadways within this sub-division are not maintained or adopted by the county, individuals
purchasing property in this sub-division should be notified that the Sheriff's Office will have
limited traffic enforcement powers.
5. A plan should be developed to maintain roadways within the sub-division especially during
inclement weather conditions for emergency vehicles.
6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These
associations provide a contact for the Sheriffs Office and a means of maintaining common
areas.
7. If there are oil or gas production facilities within this sub-division, they need to be fenced off in
order to mitigate the potential for tampering. These facilities are known to create an attractive
nuisance for young people. Tampering not only creates a significant danger to safety but also of
environmental damage with extensive mitigation and clean-up costs.
8. The names of all streets within the sub-division should be presented to the Sheriffs Office for
approval. This wilt eliminate duplication of street names within the county.
The Sheriffs Office lacks the ability to absorb any additional service demand without the resources
recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as
indicated by growth not considered at the time the plan was developed. I have no other comments on this
•proposal.
1
• VANDERWERF & BUCHANAN, LLP
ATTORNEYS AT LAW
1525 Seventeenth Street
Denver, Colorado 80202
Molly Sommerville Buchanan Telephone: 303-298-9939
Mbuchanan@vbllplaw.com Facsimile: 303-298-9944
May 30, 2007
Via Telefax and DSL Delivery
(970) 304-6498
Roger Caruso, Planner
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Re: Serenity Estates/ Robert Buderus Property
Change of Zone Application
PZ-1131
Township 7 North, Range 67 West
Section 5: portions of the S/2
Weld County, Colorado
Dear Roger:
I understand that Weld County has received an application for a change of zone
for property in Weld County described as portions of the S/2 of Section 5, Township 7
North, Range 67 West ("Property").
This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and
Anadarko Land Corp. ("Anadarko Land") with respect to the application for
development. The Anadarko entities together own all of the minerals that underlie the
Property.
Please find enclosed a letter dated May 30, 2007 entitled "Notice of Oil and Gas
Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and
Objection" which 1 ask that you provide to the Planning Commission and the Board of
County Commissioners to be made a part of the record in the proceedings.
Please send notices of future hearings on the matter to the Anadarko entities
pursuant to C.R.S. §31-23-215, C.R.S. §24-6-402 (7) and C.R.S. §24-65.5-101, et. seq. as
• follows:
Roger Caruso
May 30, 2007
Page 2
•
Anadarko E&P Company LP
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager—Western Region/CBM
Anadarko Land Corp.
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager, Property and Rights-of-Way
Thank you for your consideration in this matter. If you have any questions, please
call me.
Best regards,
VanderWerf& Buchanan, LLP
• Molly Sommerville Buchanan
MSB
Enclosure
cc: Rick Mayer, Esq.
Jeff Fiske, Esq.
Terry Enright
Don Ballard
Jeff Couch/ for Serenity Estates and Robert Buderus
•
• VANDERWERF & BUCHANAN, LLP
ATTORNEYS AT LAW
1525 Seventeenth Street
Denver, Colorado 80202
Molly Sommerville Buchanan Telephone: 303-298-9939
Mbuchanan@vbliplaw.com Facsimile: 303-298-9944
May 30, 2007
Via Telefax and DSL Delivery
Members of the Board of County Members of the Planning
Commissioners for Weld County Commission for Weld County
915 10th Street 918 10th Street
Greeley, CO 80631 Greeley, CO 80631
NOTICE OF OIL AND GAS INTERESTS
OWNED BY ANADARKO LAND CORP. and ANADARKO E&P COMPANY LP
and OBJECTION
Re: Serenity Estates/ Robert Buderus Property
• Change of Zone Application
PZ-1131
Township 7 North, Range 67 West
Section 5: portions of the S/2
Weld County, Colorado
Ladies and Gentlemen:
This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly
known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP
("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect
to the application that has been filed with Weld County ("County") for the approval of a
change of zone for property described as portions of the S/2 of Section 5, Township 7
North, Range 67 West ("Property").
Anadarko Land and Anadarko E&P own the mineral interests that underlie the
Property.
The Anadarko entities wish to give notice to the County of the mineral interests
they own under the property and make the County aware that the approval of a final
application for development for the property may significantly impact the prospective
development of the oil and gas under the Property. The Anadarko entities object to the
411
• Weld County Commissioners
Weld County Planning Commission
May 30, 2007
Page 2
approval of a final application for development unless and until agreements are reached
among the Anadarko entities and the Applicant with respect to the oil and gas interests.
The following are comments in support of this Notice and Objection:
1. The Oil and Gas Resources Owned by the Anadarko Entities.
Anadarko E&P and Anadarko Land together own all of the oil and gas that
underlies the Property. Anadarko E&P has entered into an exploration agreement with
United States Exploration, Inc. ("UXP") pursuant to which UXP has the right to drill oil
and gas wells on the Property and earn an oil and gas lease.
Current Colorado Oil and Gas Conservation Commission regulations provide for
the location of five drilling windows in a quarter section in the geographic area where the
Property is located, one in the center of each quarter quarter section and one in the center
of the quarter section.• 2. There is Clear Statutory Authority and Direction for the County to Take Into
Account the Rights of Mineral Interest Owners in Its Consideration of
Applications for Development.
The State of Colorado recognizes the important rights of mineral owners and
lessees in C.R.S. § 30-28-133(10) which states that both the mineral estate and the
surface estate are interests in land and that the two interests are "separate and distinct."
The subsection specifically recognizes that the owners of subsurface mineral interests and
their lessees have "the same rights and privileges as surface owners."
3. Government .Action Which Allows Surface Development in a Manner Which
Precludes Mineral Development May Impair the Vested Property and Contractual
Rights of the Mineral Interest Owner.
Colorado case law provides that the mineral owner has the right of reasonable
access to and use of the surface estate to extract minerals.' Actions by a government
entity which may have the effect of reversing this basic tenet of Colorado property law
and thereby deprive the mineral interest owner of its vested property and contractual
rights may be violative of federal and state constitutional provisions.
'See Frankfort Oil Company v. Abrams. 413 P.2d 190(Colo. 1966). Note also, Gerrity Oil&Gas
411 Corporation v. Magness, 946 P.2d 913 (Colo. 1977), which discusses in a footnote on page 927 the
principle that the owners of both estates must exercise their rights in a manner consistent with one another.
• Weld County Commissioners
Weld County Planning Commission
May 30, 2007
Page 3
Union Pacific Railroad Company gave a deed to Burton Sanborn dated October
25, 1906 and recorded in the office of the Weld County Clerk and Recorder on November
3, 1906 in Book 233 at Page 58 in which the Railroad reserved the minerals for the
Property. The Railroad granted the minerals to Union Pacific Land Resources
Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book
644 at Reception No. 1565712. Applicant had record notice at the time it acquired its
interests in the Property that the minerals were severed from the surface estate and that it
received less than the entire interest in the Property.
4. An Action by the County to Approve the Application May Amount to a
Regulatory Taking within the Meaning of the State and United States
Constitutions.
Action by the County to approve an application for surface development may
constitute a regulatory taking, especially where the operator is deprived of all
•
economically viable use of land or his investment-backed expectations to develop his
prop Y'ert 2
5. The Anadarko Entities Have Entered into Many Agreements with Developers
With Respect to the Disposition of the Minerals at the Time that the Developer
Proposes to Develop the Surface Estate, and the Public Interest is Served by the
Parties Entering into Such an Agreement.
The Anadarko entities have extensive mineral interests throughout Colorado
where the surface estate and the mineral estate have been severed. The Anadarko entities
have worked with many parties who wish to develop the surface estate in order to assure
the compatible development of the surface and the minerals or to effect some other
disposition of the minerals.
The Anadarko entities have initiated discussions with the Applicant to work out
surface use conflicts and are hopeful that agreements will be reached; however,
agreements have not been entered into by the parties to date. The Anadarko entities
therefore object to final land use approval for the Property in the absence of agreements
among the Anadarko entities and the Applicant.
2See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120
411 L.Ed. 2d 798 (1992).
• Weld County Commissioners
Weld County Planning Commission
May 30, 2007
Page 4
Very truly yours,
VanderWerf& Buchanan, LLP
Molly Sommerville Buchanan
MSB
Enclosure
cc: Rick Mayer, Esq.
Jeff Fiske, Esq.
•
Terry Enright
Don Ballard
Jeff Couch/ for Serenity Estates and Robert Buderus
•
•
LIND, LAWRENCE & OTTENHOFF LLP
• Attorneys and Counselors at Law
355 EASTMAN PARK DRIVE,SUITE 200
WINDSOR,COLORADO 80550
GEORGE H.OTTENHOFF TELEPHONE'.970-674-9888 KELLY J.CUSTER
KENNETH F.LIND TELECOPIER:970-674-9535 BRADLEY C.GRASMICK
KIM R.LAWRENCE ken(Dllolaw.com DAVID P.JONES
P.ANDREW JONES CHRYSTEN S.HINZE
JAMES D.BRAMER' 11409 BUSINESS PARK CIRCLE.SUITE 110 ROBERT J.HERRERA
RICHARD T.llP FIRESTONE,CO 80504 KAYLEA M.WHITE
CLINTON P.SRYI P +(,0091`f Planning QeparLliieR TELEPHONE'.(720)494-4488 THEODORE J.FINN
GRFFI_EY OFFICE TELECOPIER'.(720)494-7766
'Also admitted in Wyoming ..!:,.1 a n 7f1(1: 721 EAST LINCOLN WAY
+Also admitted in Illinois I G p
' UL' CHEYENNE,WY 82001 -.., .. . _„ ..
TELEPHONE:(307)635-2480 Y ICI
RECEIVED
44",
May 11, 2007 MAY 18 U?
�11 _
Bruce Barker, Esq. ,
Weld County Attorney
PO Box 758
Greeley, CO 80632
Re: North Weld County Water District and Serenity View Estates, PUD
Dear Mr. Barker:
• Pursuant to your email of May 1, 2007 and our telephone conference on/or about
May 7, 2007 I can provide some additional information regarding the draft water service
agreement that has been provided to you by North Weld County Water District ("District")
and the Serenity View Estates, PUD ("Serenity") and as related to the PUD Change of
Zone Application submitted by Serenity.
The Water Service Agreement("WSA")that has been provided to you is based upon
the masterform used by the District for developments and modified to fit the specific needs
and terms as to Serenity. The WSA is provided to potential developers so that they are
aware of the District requirements. The draft WSA is then provided by developers to Weld
County as part of application requirements by Weld County,
The draft WSA is provided at an early stage to enable the Developer to process
necessary applications and to understand the initial District requirements. The draft WSA
is also based upon initial plans as proposed by the Developer and, as you are aware,these
plans frequently change prior to final approval by Weld County. Additionally, it is the
current practice of the District not to enter into a final WSA until the Developer has
provided water line construction plans to the District for approval as the District is unable
to determine exact fees and charges and necessary right-of-way dedications until
construction plans are reviewed and approved by the District. Upon the review and
approval of the water line construction plans, District will then finalize all fees and expenses
and enter into the WSA with the applicant.
LegaCSoCutions for Colorado and the West
Bruce Barker, Esq.
• May 11, 2007
Page 2
I should also note that the draft WSA is provided by the District to an Applicant only
if the District makes an initial determination that water service can be made available for
the proposed development. If such a determination is made, the draft WSA is then
provided to the applicant.
The District does not believe it is feasible nor economical to enter into a final WSA
prior to the Developer at least having the Change of Zone and concept plan for the PUD
reviewed and approved by Weld County. Obviously, the County should condition any final
approval with a requirement that the District and the Applicant have in place a final and
signed WSA prior to approval of the final PUD plat. I also assume that this is in
accordance with Weld Countys process for a PUD approval as if the initial Change of Zone
and preliminary plat are not approved there is no reason for the Applicant to waste
substantial time and money in providing specific construction plans and designs. After the
initial approval of the concept plan and Change of Zone the Applicant must then go forward
with specific detail and engineering plans.
As I previously stated, the District cannot actually determine all costs and expenses
until engineering and construction plans are provided to the District. Article 3(commencing
on page 2) of the WSA relates to expenses and fees and does specifically state that the
• District must approve all engineering and construction plans and materials (See 3.1). Said
Section 3.1 further provides that the Developer is responsible for payment of all
construction costs. Additionally, Section 3.5 and 3.6 provide a detailed explanation of the
various fees and expenses, but I do want to call to your attention that Section 3.5
specifically provides that all such fees, charges and expenses are based upon those fees
then in effect as this provides flexibility to the District to change such fees and expenses
as reasonably determined necessary by the Board.
While the total charges can vary, the District is still committed to provide water
service, so long as all charges are paid, but it is not an unlimited time element, for example
Article 7,1 on Page 7 provides that the WSA is conditional and may be terminated if the
final plat is not approved, in this case, on or before, January 1, 2008. Again, this is to
benefit the District so that a commitment by the District is not open ended, and it requires
the Developer to complete the application process on a timely basis.
I realize this is not a simple agreement or procedure on the part of the District
especially when compared to merely completing a water tap application and paying the fee.
The reason for this somewhat complicated process by the District is due to the fact that
necessary infrastructure is frequently not in place especially for proposed new
developments and the WSA does provide a means to provide for infrastructure installation.
•
Bruce Barker, Esq.
• May 11, 2007
Page 3
I also believe that the interests of the County are protected in this procedure as it
is my recollection that no building permit can be issued until all infrastructure is completed.
Perhaps you might want to consider as part of approval process a development standard
or condition that requires completion of infrastructure by a certain date, and if not
completed, the plat will be vacated.
You also requested information on how fees are paid and by whom. Again, the
WSA does provide for this as at Section 3.1 the Developer is responsible for payment of
the total cost of construction of water lines within the Development as well as water lines
necessary to reach the development, if any. As to the actual Tap, the WSA in Sections 3.7
through 3.10 due allow for payment to made either by the Developer or Lot Owner. Again,
it is necessary for the District and Developer to have such discretion as the District has
been involved with some developments that include a Water Tap with the purchase price
of each lot, and, in the vast majority of cases, most lots are sold without a Water Tap which
means that the Lot Owner must pay for a Water Tap. However, the infrastructure is in
place and the District has committed through the terms of the WSA to provide such water
service to each tap. The District believes that due to the cost of a tap, it is probably not
economically feasible for most Developers to pay the total cost of infrastructure
construction and the tap fees up-front.
• I apologize that I was unable to provide this information to you in some type of short
"executive summary" however, I can tell you that the District can provide an executive
summary regarding timing and payment of fees after specific construction and engineering
plans have been approved and the final WSA is signed by the District and Developer. You
could make this a requirement for final approval. I can also advise you that District staff
and legal counsel are always willing to meet with the Board of County Commissioners, your
staff or planning to further discuss this WSA and our procedures. If you believe that such
a meeting would be beneficial or necessary, please contact me.
Very truly yours,
LIND, L OTTENHOFF LLP
K ne F. Lind
KF L/m Iw
pc: NWCWD
• F:\KFL\NWOWD\Ltr Barker Serenity PUD 070511.wpd
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