HomeMy WebLinkAbout20073256.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Robert Grand that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
• CASE NUMBER: PZ-1126
APPLICANT: HF Holdings, LLC
do Darwin Horan (Attn: Linda Sweetman-King)
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 Section 27; N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of
the NE4 Section 3, all in T3N, R68W and part of the NE4 of Section 3,T2N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from (A) Agriculture to PUD (Planned Unit
Development)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. [1804 units/ 10 acres Commercial].
LOCATION: 0.5 mile south of State Highway 66, east of and adjacent to CR 7; west of
and adjacent to 1-25, north of and adjacent to the St. Vrain River.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 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 Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents 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 with the Towns of Mead, Frederick, Firestone and the Cities
of Longmont and Dacono.
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 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.
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.
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
EXHIBIT
Resolution PZ-1126
Waterfront at Foster Lakes
Page 2
Structural Land Use Map 2.1,dated January 2007. (Appendix 26-Q). Conditions of Approval
require an amendment to the Amended 1-25 MUD Structural Land Use Map 2.1, dated
January 2007 prior to recording the Change of Zone Plat.
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 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 Section 27 + 34, Township 3
North, Range 68 West of the 6`h P.M.,Weld County. Conditions of Approval require a signed
Final Surface Use Agreement prior to submitting the Final Plat application.
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 application has signed
agreements in place with 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. Both Draft service agreements were reviewed by the County
Attorney's Office which indicated that the agreements submitted by the applicant are
adequate.
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."
• Conditions of Approval ensure that a pedestrian connection will be created to the Kiteley
Ranch at Foster Lake development to the North prior to recording the Change of Zone plat.
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 provide a trail connection to Adler PUD (Weld County Case No. PZ-1071) and Newby
Farms PUD (Weld County Case No. PK-1138), subdivision developments adjacent to the
West. (Department of Planning Services)
Section 22-3-140.A. T.Goal 1. states "Provide a unified and coordinated countywide street
and highway system which moves people and goods in a safe, economical, and efficient
manner." 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 their referrals dated
August 16, 2007 and September 11, 2007 respectively.
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 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 should
be completed prior to recording the Change of Zone. 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 for the Change of Zone. It was recommended in the FHU comments that the
• developer provide a table defining when each improvement will be required with each phase of
construction. The financial contribution of Waterfront at Foster Lake to those improvements
also needs to be determined prior to recording the Change of Zone plats.
Resolution PZ-1126
Waterfront at Foster Lakes
Page 3
• 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.B.6.b-The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article II,Chapter 27 of the Weld
County Code.
Section 27-2-20, Access standards
County Road 7, adjacent to the development is within the Town of Mead. Conditions of Approval
require a letter from the Town indicating that an access permit onto County Road 7, County Road
28 and County Road 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 Mead's approval.
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:
The minimum setback from a road right-of-way shall be 20 feet.
The minimum backyard setback shall be 20 feet from the property line.
The minimum side yard offset shall be 5 feet from the property line.
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 feet
within these side setbacks, measured from the foundation wall.
• 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
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 feet in front yards for the utility
easement.
Staff is not in support of any physical elements encroaching into the side-yard offset,although Staff
would support a five (5)foot offset from the property line for all zone districts.
Staff is also not in support of any physical elements encroaching into the front or rear yard setback,
which by Code is twenty(20)feet.
The minimum lot size shall be 6,050 square feet. Staff supports this variance as it is larger than the
6,000 square foot lot allowed in the R-1 zone district by 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.
Staff is in support of this request, 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 an other such facilities and structures,
private or public,with seating capacities not over(1,000)persons; establishments for the sale and
Resolution PZ-1126
Waterfront at Foster Lakes
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• 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; one microwave, commercial, radio, television or other communication transmission or
relay tower seventy feet or less in height.
Staff is in general support, however,staff is not in support of the following commercial components
as the level of service provided exceeds the intensity of uses identified as theatres, convention
halls, and other such facilities and structures, private or public with seating capacities not over 1000
persons, and hospitals, nursing homes, retirement centers and mental or physical rehabilitation
centers. Staff is in support of a private clinic for the dispensing of medicine and medical office
facility. All uses located within the 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 12-14 du/ac to 14-16 du/ac.
Staff is in support of a variety of housing types in the form of patio homes, rowhouses, duplex,
triplex,fourplex units, (apartments,condominiums,and townhomes);however staff is not in support
of multiple-floor high-density multi-family dwellings as proposed given issue of compatibility of the
proposed residential structures internal to this development and the adjacent property uses.
Further, staff is not in support of the proposed forty-five (45) foot building height limitation as
proposed by the applicant. It is staff's position that all residential structures be limited to thirty-five
(35)feet in height.
• Section 23-3-160.L.1.f of the Weld County Code requires a three-hundred-fifty-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. Planning staff does not support this
request.
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. Conditions of Approval require the submittal of
a signed agreement prior to acceptance of the Final Plat application.
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.
Conditions of Approval require the applicant to identify if signage can meet required setbacks and
applicable sign code.
Section 27-2-50, Circulation
Section 22-2-220 and Section 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 I-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.
• Conditions of approval require the applicant to show a connection between both of these
developments prior to recording the Change of Zone plat. The applicant is also required to
dimension all rights-of-way prior recording the Change of Zone plat.
Resolution PZ-1126
Waterfront at Foster Lakes
Page 5
• Section 27-2-60, Common open space
As proposed, the site does meet the open space requirements of Chapter 27 and Chapter 26
(MUD). The proposed development has 215 acres of open space or thirty-six percent of the
development in native grasses, 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 Interstate 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 lakeside activities, walking
trails, a community center with a neighborhood pool, changing facility and a community/meeting
room and passive uses, 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 the Final plat application,the applicant is
required to provide an agreement between the Highland Ditch Company, the Number 3 Outlet
Ditch, the Sanborn Reservoir Ditch Company. The applicant is also required to provide an
agreement with the owner of the property north of the site for the relocation of the irrigation ditch
serving the property prior to submitting the Final Plat application.
•
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 storm water drainage-ways for the control and
detention of stormwater, but have also been designed as natural wildlife corridors for wildlife
movement. Approximately 20 acres adjacaent to the St. Vrain River are within the 100-year
floodplain and contains riparian vegetation. The area is programmed to remain natural open space,
with the potential for passive recreational opportunities—picnicking, bird watching, et cetera. 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, flood plains 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 site.
On July 19, 2007 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.
Issues specific to Foster Lake dam. 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, Public Works received the report July
19, 2007. For completeness, all model calculations and print outs from this report should be
provided to Weld County with the Final Plat application drainage report submittal.The acceptance
Resolution PZ-1126
Waterfront at Foster Lakes
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• of this report shall be through the Colorado Division of Water Resources — Dam Safety Branch.
Public Works requires a letter from the Colorado Division of Water Resources — Dam Safety
Branch indicating their 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, Weld County 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.
C. Section 27-6-120.B.6.c - That the uses which would be permitted shall 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 their referral dated
August 16,2007 is opposed to this development being approved as an unincorporated project and
requests that this proposal 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 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 that
the Waterfront Lake PUD is outside of[their] planning boundary,therefore they had no comments
regarding the project at this time. The City of Longmont in their referral dated August 22,2007,had
several comments, specific to urban development,floodplain,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.B.6.d-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code. The Weld County Department of Public Health and Environment indicated that the
application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service.
The application states that water will be provided by 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 St. Vrain Sanitation District. A draft service agreement has been included with
the application.
The Board of County Commissioners at public hearing on August 29, 2007 approved the
Consolidated Service Plan for Waterfront at Foster Lake Metropolitan Districts Nos. 1, 2, and 3.
The public improvements that are to be financed,acquired, installed and constructed by the District
to serve the Waterfront at Foster Lake Development are as follows: Street System and Traffic
Safety, Storm Water Drainage, Sanitary Sewer System, Potable and Irrigation Water System,
Reservoir and Ditch, Parks and Open Space.
The Weld County Health Department has reviewed this proposal for 1804 residential units, 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, etc.). 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;the public pavilion and community center will be connected to St.
Vrain Sanitation District. The picnic area(located within the 100 year flood plain 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
Resolution PZ-1126
Waterfront at Foster Lakes
Page 7
• middle school, etc), 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 Department 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 will be abandoned. There is another,very old house on the southern portion of the
property that will also be abandoned (address unknown). These septic systems must be property
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 septic system is located on the property (3042 County Road 28).
This system has been documented under a Statement of Existing SE-0100120; 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 St. Vrain 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.B.6.e - That 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 Final Plat submittal. The County has concerns for public safety due to the current
configuration of the intersection of County Road 7 with County Road 26. This intersection curve
must be corrected prior to the opening of 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, 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.B.6.f-An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended 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 for the Change of
Zone. It was recommended in the FHU comments that the developer provide a table defining when
each improvement will be required with each phase of construction with the Final Plat application
• and Final Plat Phasing documents.
Resolution PZ-1126
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Page 8
• The long term maintenance of the roads surrounding the new High School (County Road 26.5)
needs to be addressed between the Town of Mead and Weld County through an adopted IGA.
G. Section 27-6-120.B.6.g - That 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 it was stamped by Patrick S.
Carlin, P.E. 33289, dated April 26, 2006 and received by Public Works 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 give 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 was submitted dated August 25,2006 to Weld County
Planning Department. 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.
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.
•
The applicant is also required to address off-site drainage, on-site drainage, free board and set-
backs 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 and State Engineer's Office acceptance
of the overflow design scenarios, it is premature to comment on appropriate setbacks, channel
crossings, and other design issues related to the channel. The applicant is advised Weld County
Public Works may have additional concerns and requirements but that these may not arise until
review of the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety
Branch comments on the proposed channel and related facilities. All storm water must be detained
on site and follow the requirements per Weld County Code 24-7-130 D and Ordinance 2006-7.
H. Section 27-6-120.B.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual 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.
This conceptual Change of Zone application is for recommended for approval based upon compliance with
Chapter 27 requirements. The applicant had requested an Administrative review at Final Plat,however,the
Department of Planning Services is not in favor of this request given the numerous outstanding issues to be
addressed and resolved prior to proceeding forward to the Final Plat application.
The Change of Zone from A(Agricultural)to PUD is conditional upon the following:
1. Prior to recording the Change of Zone plat:
• A. 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:
Resolution PZ-1126
Waterfront at Foster Lakes
Page 9
• 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 applicant's 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 is 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.
3. The offsite drainage basins that contribute flow to and across the proposed Waterfront
development are not depicted.These offsite basins must be shown in the report.Offsite flows
to the Waterfront properties must be calculated under existing conditions; proposed but un-
constructed offsite drainage facilities do not currently exist,therefore cannot be assumed to
reduce or re-direct offsite flows.Written evidence of approval from the Department of Public
Works shall be provided to the Department of Planning Services.
4. Free board and set-backs 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(SEO)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 State Engineer's Office 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 State Engineer's
Office (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 that the backs of the lots North of A Street
and Outlot B are not detained and discharge directly into Foster Lake. On Sheet 4, 7,9, and
11; it appears that Outlot C, basin H1, Outlot H, the flow arrows show these areas are not
detained and flow directly into the St. Vrain River. All storm water must be detained on site
and follow the requirements per Weld County Code 24-7-130 D and Ordinance 2006-7.
Please explain how all these flows within these areas are detained. Please provide written
acceptance of these flows by the owners of Foster Lake.All storm water detention facilities
shall be designed to detain the storm water 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. (Weld County Code and Ordinances 2001-1;
2003-10, and 2006-7). 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 ac) and
Multifamily area(8.4 ac)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 storm
water must be detained on site and follow the requirements per Weld County Code 24-7-130
D and Ordinance 2006-7. Please 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 applicant's drainage submittal; the sub-basin H3'C'factor does not match
the drainage report'C'factor values, please correct.Written evidence from the Department of
Public Works shall be provided to the Department of Planning Services.
9. 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.Therefore,as was recommended in the FHU comments,the
developer shall provide a table 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 plats.
Written evidence of acceptance by the Department of Public Works to be submitted to the
Department of planning Services.
• B. The applicant shall provide a letter from the Town of Mead indicating their concerns have been
addressed, specific to proposed location and rights-of-way width for all internal and external roads.
Written evidence of such shall be provided to the Department of Planning Services
C. The applicant shall attempt to address the following to the satisfaction of the Colorado State Parks
as stipulated in their referral dated August 27, 2007.Written evidence of such shall be provided to
the Department of Planning Services.
1. The off-site flows from storm water or non-point source contaminants that are not properly
contained within the development will flow downhill into the St.Vrain River. Sediment loading
of the St. Vrain River is a particular concern. Written evidence of such shall be provided to
the Department of Planning Services. (Colorado State Parks)
D. The applicant shall address the requirements(concerns)of Weld County Sheriffs Office,as stated
in the referral response dated August 24, 2007. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements(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. (St. Vrain Valley School District)
F. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil
Conservation District,as stated in the referral response dated August 13, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
The applicant shall address the following to the satisfaction of the State of Colorado Division of
• Wildlife, as stated in the referral response dated August 23, 2007. Evidence of such shall be
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• submitted in writing to the Weld County Department of Planning Services. (State of Colorado
Division of Wildlife)
1. The Outlet #3 Ditch is located on the property. A 100-foot buffer from the ditch is
recommended to minimize impacts to wildlife and minimize conflicts that may occur. (State
of Colorado Division of Wildlife)
G. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection
District, as stated in the referral response dated August 17, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
H. The applicant shall address the requirements(concerns)of the Bernard Lyons Gaddis&Kahn, as
stated in the referral responses dated August 23,2007,specific to the Highland Ditch Company,the
Highland No. 3 Reservoir (a/k/a Foster Lake, the No. 3 Outlet Ditch Company and the Sanborn
Reservoir Ditch Company and associated ditches, laterals, easements and rights-of-way as
applicable. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
I. 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. (Department of Planning Services)
J. The applicant shall attempt to address the requirements (concerns) of the City of Longmont, as
stated in the referral response dated August 22, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
• K. The applicant shall provide written evidence from the Colorado Department of Transportation of
their acceptance of the water holding ponds located west of and parallel to the rights-of-way for
Interstate 25 heading north to south to the Department of Planning Services. (Department of
Planning Services)
L. The applicant shall provide written evidence from the Utility Service provider of their acceptance of
the easements located west of and parallel to the rights-of-way for Interstate 25 heading north to
south to the Department of Planning Services. (Department of Planning Services)
M. All septic systems located on the property shall have appropriate permits from the Weld County
Department of Public Health & Environment. The Environmental Health Division of the Weld
County Department of Public Health & Environment was unable to locate a septic permit for the
existing structures at 3203 and 3826 County Road 28. Any existing septic system(s)which is not
currently permitted through the Weld County Department of Public Health & Environment will
require an Individual Sewage Disposal system ( I.S.D.S.) Evaluation prior to the issuance of the
required septic permit(s). In the event the system(s)is found to be inadequate,the system(s)must
be brought into compliance with current I.S.D.S. regulations. (Department of Public Health and
Environment)
N. The applicant shall provide the Departments of Public Works and Planning Services with a request
to vacate a portion of County Road 28 west of Interstate 25 and east of County Road 7 for review
and approval by the Board of County Commissioners. (Department of Planning Services)
O. The applicant shall submit evidence for inclusion into the Southwest Weld County Law Enforcement
Authority to the Department of Planning Services. (Department of Planning Services)
• P. The applicant shall submit an application to amend the I-25 MUD Structural Land Use Map 2.1,
dated January 2007 to address the proposed residential component east of Foster Lake within an
area identified as having Limiting Site Factors. (Department of Planning Services)
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•
R. The plat shall be amended to include the following:
1. All Sheets of the plat(s)shall be labeled PZ-1126. (Department of Planning Services)
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. (Department of Planning Services)
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 that 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. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
• 6. The plat shall delineate the 400' x 400' and the 800' x 800' Oil and Gas Drill Envelope
locations per state statute. (Department of Planning Services)
7. All rights-of-way and easements shall be dimensioned and referenced by Book and Page,
Book or Page and reception number(s)on the Change of Zone plat.(Department of Planning
Services)
8. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be delineated on the plat. (Department of Planning Services)
9. The applicant shall verify the future right-of-way for the widening of Interstate 25 west side
and provide reception number for the right-of-way. (Department of Planning Services)
S. 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. The site specific development plan is for a Change of Zone from (A) Agriculture to PUD
(Planned Unit Development)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. [1804 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 all applicable Weld
County Regulations. (Department of Planning Services)
2. The Open Space Lots are non-buildable for residential structures or structures providing
• habitable space. (Department of Planning Services)
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Waterfront at Foster Lakes
• Page 13
3. Water service shall be obtained from Longs Peak Water District. (Department of Public
Health and Environment)
4. Sewer service shall be obtained from the St.Vrain Sanitation District. (Department of Public
Health and Environment)
5. Permanent restroom and hand washing facilities shall be provided within easy access of the
public gathering areas. (Department of Public Health and Environment)
6. Any abandoned septic system must comply with the Weld County Code Section 30-7-70.The
applicant should contact the Department to update existing septic permits for those systems
that have been abandoned. (Department of Public Health and Environment)
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. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wo/PermitsUnit
for more information. (Department of Public Health and Environment)
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 Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
9. 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. (Department of Public Health and Environment)
10. 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. (Department of Public Health and Environment)
11. A Homeowner's Association shall be established prior to the sale of any lot. Membership in
the Association is mandatory for each parcel owner. (Department of Planning Services)
12. A Metropolitan District has been established. The District is responsible for liability
insurance,taxes and maintenance of open space,streets, private utilities and other facilities.
Open space restrictions are permanent. (Department of Planning Services)
13. The Southwestern Weld County Law Enforcement District shall be established prior to the
sale of any lot. (Department of Planning Services)
14. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less then 3 Y feet in height a maturity. (Department
of Public Works)
15. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
• 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
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Waterfront at Foster Lakes
Page 14
• 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.
(Department of Public Works)
17. A separate building permit shall be obtained prior to the construction of any building.
(Department of Building Inspection)
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 Building Department. Residential building plans may be required to bear
the wet stamp of a Colorado registered architect or engineer. (Department of Building
Inspection)
19. 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 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. (Department of Building Inspection)
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. (Department of Building
Inspection)
21. Building height shall be measured in accordance with the applicable 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 27 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.
Off-set and setback requirements are measured to the farthest projection from the building.
(Department of Building Inspection)
22. 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 Chapter 23 of the Weld County Code. (Department of Building Inspection)
23. Provide a letter of approval from Mountain View Fire Protection District prior to construction.
(Department of Building Inspection)
24. The minimum residential lot size shall be 6,050 square feet. (Department of Planning
Services)
25. The minimum setback from the future road right-of-way for all commercial properties is
twenty-five (25)feet. (Department of Planning Services)
26. For residential properties, the minimum front and rear yard setback from property line or
future road right-of-way is twenty (20) feet without encroachment from overhead or at the
finished grade plane elevation in all zone districts. (Department of Planning Services)
27. The minimum side yard offset shall be five (5) feet from the property line without
encroachment from overhead or at the finished grade plane elevation in all zone districts.
• (Department of Planning Services)
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Page 15
• 28. The maximum height of any residential and accessory structure located in areas adjacent to
the St. Vrain River Corridor open space component is limited to a maximum height of
eighteen(18)feet to the ridge line as measured from the highest point of the existing finished
grade. (Department of Planning Services)
29. Residential structures having a walkout basement below the first floor of the residence
located in areas adjacent to the St.Vrain River Corridor are limited to a maximum height of
eleven (11)feet measured from the lowest point of the existing finished grade to the finished
surface of the floor above the basement. (Department of Planning Services)
30. 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;community pool
and support facilities; one microwave,commercial,radio,television or other communication
transmission or relay tower seventy feet or less in height.
31. In the Commercial Zone District, the maximum square footage is limited to 100,000 square
feet in area.
32. Maximum height limitation in all districts is thirty-five (35)feet except on residential parcels
adjacent to the St. Vrain River Corridor open space component
33. Storage of vehicles or recreational vehicles shall only be allowed inside garages.
•
(Department of Planning Services)
34. The minimum setback from an oil and gas production facility shall be three-hundred-fifty-feet.
(Department of Planning Services)
35. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
36. 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. (Department of Public Health and Environment)
37. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
38. 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. (Ordinance 2002-11)(Department of Planning Services)
39. Oil and gas structures shall be fenced to avoid tampering. (Sheriff's Office)
40. The current hunting & fishing lease in place for the property will expire May 2008. No
hunting or fishing will be allowed after that time. (Department of Planning Services)
• 41. Except where noted on this plat,signs shall adhere to Section 23-4-80 and Section 23-4-110
of the Weld County Code. These requirements shall apply to all temporary and permanent
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Waterfront at Foster Lakes
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• signs. (Department of Planning Services)
42. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
43. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
44. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
State and Federal Agencies and adopted Weld County Code and Policies. (Department of
Planning Services)
45. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the Final Plat has been approved and recorded. (Department of
Planning Services)
46. Personnel from Weld County Government 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.
(Department of Planning Services)
47. The applicant shall comply with Section 27-8-50 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 reverted to the original Zone District.
(Department of Planning Services)
48. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
49. 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.
(Department of Planning Services)
50. 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 shall be afforded
drilling of wells as a use by right in all zone districts. Appropriate setbacks, offsets and
building permits will be required.
3. The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within sixty(60)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
Resolution PZ-1126
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• 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). (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be
recorded within the required sixty (60) days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
5. At the time of Final Plan submission:
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,a/k/a Foster Lake,dam and spillway and
the relocation or alternation of several interconnections, including the outlet works of the
reservoir. (Bernard Lyons Gaddis & Kahn, PC, c/o M. Detsky, Esq., Attorney)
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, a/k/a 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. (Bernard Lyons Gaddis & Kahn, PC,
c/o M. Detsky, Esq., Attorney)
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. (Bernard Lyons Gaddis&Kahn, PC,c/o M.Detsky,
• Esq., Attorney)
D. 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. (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. (Longmont Conservation District)
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.
(CDOW)
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 &34,Township 3 North, Range 68 West of the 6th
P.M., Weld County Colorado. (Department of Planning Services)
H. The applicant shall submit written evidence addressing the storm water 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. (Department of
Planning Services)
• I. 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
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Waterfront at Foster Lakes
Page 18
• Valley School District stipulating that the Agreement to Mitigate the Impact on Schools has been
reached. (Department of Planning Services)
J. The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development.
(Department of Planning Services)
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. (Department of Planning
Services)
L. The applicant shall submit to the Department of Planning Services a copy of the Restrictive
Covenants, the Law Enforcement Authority and Home Owners 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. (Department of
Planning Services)
M. The applicant shall submit a deed for recording with the Final Plat to the Department of Planning
Services that the open space and mineral rights are deeded to the Metropolitan District.
(Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
P. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during
construction. The plan shall include information regarding plant type, installation methods and
maintenance. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning
Services)
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 Sheriff's Office,Ambulance provider,and the Post Office for
review. Written evidence of approval shall be submitted to the Weld County Department of
Planning Services. (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 Interstate 25 and east of County Road 7
for review and approval by the Board of County Commissioners. (Department of Planning
Services)
U. The applicant shall submit an application for the vacation of County Road 28 right-of-way to the
Department of Planning Services with the submittal of the Final Plat application materials
• V. 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
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• Reservoir Waterfront at Foster Lake SEODAMID 050135,dated June 2007,stamped by Richard
Joseph Tocher, P.E. 19305, Public Works received the report July 19, 2007. For completeness,
all model calculations and print outs from this report should be provided to Weld County with the
Final Plat drainage report submittal.The acceptance of this report shall be through the Colorado
Division of Water Resources — Dam Safety Branch. Public Works requires a letter from the
Colorado Division of Water Resources—Dam Safety Branch indicating their final acceptance of
the report at a date uncertain. (Department of Public Works)
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. Please 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-yr rain event. Please provide simulation of the 500-yr
dam break event and show the calculations and discuss how the numbers were derived.
(Department of Public Works)
X. A recent County inspection of the Foster Lake dam and spillway revealed deteriorated concrete.
Please provide results of geotechnical investigations that address the structural integrity of these
facilities. Please 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 the concrete wall around portions of Foster Lake to support lake-full hydraulic
pressure. Please 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. (Department
.
of Public Works)
Y. 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. (Department of Public Works)
Z. Page 2 of the applicant's submittal;the third sentence in the third paragraph states that"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 Saint 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 ground water may be impacted by the subsurface conditions, please reconcile these
differences. (Department of Public Works)
AA. Page 3 of the applicant's submittal; include figures RA-2 and RA-6 of the Urban Drainage Criteria
Manual. Please identify the boundary of the Waterfront subdivision on these maps. (Department
• of Public Works)
Resolution PZ-1126
Waterfront at Foster Lakes
• Page 20
AB. Page 4 and 5 of the applicant's submittal; please 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, please 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. (Department of Public
Works)
AC. Several of the proposed detention ponds discharge into the Clear Day Breach Channel; please
clarify whether these extra flows in the channel been accounted for in the Dam Breach Analysis.
(Department of Public Works)
AD. Only one of the basins D1 through D5 pond discussions describe any freeboard,please show and
discuss the freeboard of all the detention ponds. (Department of Public Works)
AE. Detention Pond 4 and 5 apparently are proposed to release directly into the Saint Vrain River,
please discuss in detail how these outfalls will be protected during the 100-year flood flows.
(Department of Public Works)
AF. 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. Please include flow rate and safe
conveyance of these flows through the site in this discussion. (Department of Public Works)
AG. Page 6 of the applicant's submittal; please 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. Indicate where this system will discharge
• captured ground water. (Department of Public Works)
AH. For the Final Plat, please explain in detail how the High School site detains, releases,and routes
stormwater safely through and around the Waterfront site.Also describe any undetained areas
within the school site and how they will affect the waterfront neighboring flows. (Department of
Public Works)
Al. An individual (typical) lot grading plan will be required for each residential lot configuration
proposed. This plan should show how each lot is graded providing for drainage between and
along lot lines. For the Final Plat,please 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.(Department of Public
Works)
AJ. In the Final Plat submittal, please show the locations of ditch access for maintenance. Please
describe maintenance plans (who will mow,control weeds). Please provide written agreements
between Waterfront and the ditch owners covering these topics in the Final Plat submittal.
(Department of Public Works)
AK. National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the
applicant obtain a Stormwater discharge permit from Colorado Department of Public Health
(CDPHE).A copy of this permit and a Best Management Practices(BMP)/erosion control plan will
be required by Public Works as part of the Final Plat submittal. No site grading will be permitted
until these documents have been submitted and reviewed. (Department of Public Works)
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. Include these water quality measures in the drawings for the Final Plat submittal.
(Department of Public Works)
Resolution PZ-1126
Waterfront at Foster Lakes
Page 21
•
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. (Department of Public Works)
AN. Appendix A: Please show the outer boundary of the Waterfront subdivision on the submitted
Federal Insurance Rate Map (FIRM) map. (Department of Public Works)
AO. Appendix B: Include all of the historic Colorado Urban Hydrograph Procedure(CUHP)input and
output data sheets. (Department of Public Works)
AP. Appendix B: Historic CUHP input; please 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 2%, please update and correct the calculations. (Department of
Public Works)
AQ. Appendix C: Please indicate all offsite flows around the Waterfront site. (Department of Public
Works)
AR. Appendix C: For the developed case CUHP; please include all of the Developed CUHP input and
output data sheets. Please explain, provide calculations,and show maps as to how all the values
for the spread sheet data were derived. (Department of Public Works)
AS. Appendix C: The proposed slope values appear to be too flat; the site has elevations between
4985 feet to 4920 feet or about sixty-five(65)feet of fall across the site. Please provide the time
•
of concentration calculations and show the route on a map or plan. Any basins less than 0.141
mi^2 or 90 acres shall have the time of concentration calculated when using CUHP.(Department
of Public Works)
AT. Appendix C: The Manning 'n' values used in the Environmental Protection Agency (EPA)
Stormwater Management Model (SWMM)5 appear to be low, see page 2 of the SWMM 5 input
data and explain these values in detail. (Department of Public Works)
AU. Appendix C: Please include the 10-yr developed storm event calculation if culverts are to be
proposed within the subdivision. (Department of Public Works)
AV. Appendix C: Please show the 100-yr storm event detention pond volumes as acre-ft.
(Department of Public Works)
AW. Appendix D: In the Waterfront at Foster Lake proposed drainage runoff calculations spreadsheet,
please include more detail as to how the'C'factor values were 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. (Department of Public Works)
AX. Appendix D: The Basin H3 100-yr composite C value does not match the drainage basin map.
Please tabulate or explain the type and locations of the sub-basin discharges. (Department of
Public Works)
AY. Appendix E: Please 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 features which will be closer to bare soils than grassed channels.(Department
• of Public Works)
AZ. Appendix E: Explain and show where under drains will discharge. (Department of Public Works)
Resolution PZ-1126
Waterfront at Foster Lakes
Page 22
•
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. (Department of Public Works)
BB. Drainage Plan Sub Basin Map: Sheet 1 of the applicant's submittal; please label the contours so
they are readable. (Department of Public Works)
BC. Drainage Plan Sub Basin Map: Please 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. (Department of Public Works)
BD. Drainage Plan Sub Basin Map: Please include the flows from the 5 acre parcel in the middle of
this project labeled: "This property is not part of this development". Flows from this Anderson out-
lot parcel must be safely routed through the development. Waterfront is not required to detain
these out-lot flows. Conceptually, these flows may be assumed to pass through the detention
ponds and over the emergency weir, not through the pond's 5-yr historic release orifice plate.
(Department of Public Works)
BE. Drainage Plan Sub Basin Map: Sheet 2 of the applicant's submittal;, please show the detention
ponds, basins X and Y since they are not detained and release directly to St. Vrain River. Also
show the detention pond outlet pipes and pond overflow weirs for the St. Vrain Valley School
District High School #7 parcel. (Department of Public Works)
• BF. Drainage Plan Sub Basin Map: Sheets 3-11 of the applicant's submittal;, please indicate the 100-
yr water surface elevation (WSEL), emergency spillway weir and its elevation, outlet structures
and free board elevation for all the detention ponds. (Department of Public Works)
BG. Drainage Plan Sub Basin Map: Please show and label all the existing oil and gas wells plus show
the drilling windows of all future wells. (Department of Public Works)
BH. Drainage Plan Sub Basin Map, Please 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. (Department of Public Works)
BI. Drainage Plan Sub Basin Map: Due to the presence of high ground water in some areas,per the
final Geotechnical Report,please 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. (Department of Public Works)
BJ. Drainage Plan Sub Basin Map: Please provide a top of foundation elevation for each lot ensuring
1-foot of free board above the maximum allowed street stormwater capacity for the 100-yr storm
event.The depth of stormwater between houses also will need to be considered. (Department of
Public Works)
BK. Drainage Plan Sub Basin Map: Please 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. (Department of Public Works)
BL. Drainage Plan Sub Basin Map: Please label all roadways on each drawing or map. (Department
• of Public Works)
Resolution PZ-1126
Waterfront at Foster Lakes
Page 23
• BM. Drainage Plan Sub Basin Map: Please label all low and high points on all roadways.(Department
of Public Works)
BN. Drainage Plan Sub Basin Map: Please dimension all set-backs from Foster Lake, channels,
swales, ponds and other conveyance features throughout the drainage basins. Building
envelopes may be required. (Department of Public Works)
BO. Geology Report: A Geology memorandum from Gary Linden was submitted dated August 25,
2006 to Weld County Planning Department. 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. Applicant to provide evidence of poor aggregate materials on site. (Department of Public
Works)
BP. Geology Report: Please 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. (Department of Public Works)
BQ. A Final Geotechnical Due Diligence Study for the Waterfront at Foster Lake Subdivision,stamped
by Colorado registered engineer shall be submitted at time of Final Plat, specifically addressing
the highly corrosive soils and ground water table. (Department of Public Works)
BR. Amend Geotechnical Report: Text in the report does not match the Swell-Consolidation test
results, please update. (Department of Public Works)
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,please address public safety
and setbacks along the edge of Liberty Gulch. (Department of Public Works)
BT. Amend Geotechnical Report: A Final Geotechnical Study with pavement design
recommendations will be required to be submitted during Final Plat. In this final Geotechnical
Report, please 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. (Department
of Public Works)
BU. The applicant shall submit evidence of approval for the Amendment to the 1-25 MUD Structural
Land Use Map 2.1, dated January 2007 addressing the proposed residential component east of
Foster Lake within an area identified as having Limiting Site Factors. (Department of Planning
Services)
BV. The internal local roadway 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 roadway right-of-way shall be 80-
feet in width and dedicated to the public. (Department of Planning Services)
BW. The Highland Ditch Company,the Highland No.3 Reservoir(a/k/a 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. (Department of Planning
Services)
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.. (Department of Planning
• Services)
Resolution PZ-1126
Waterfront at Foster Lakes
Page 24
• 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 shall be approved by the School District. 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 structure for compliance with all applicable codes as warranted. Evidence of approval
shall be submitted to the Department of Planning Services. (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. (Department of Planning Services)
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. (Department of Planning
Services)
CB. Amended MUD Structural Land Use Map 2.1, dated January 2007, or amendment, 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. (Department of Planning Services)
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.
•
(Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
5. 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. (Department of
Planning Services)
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. (Department of Planning Services)
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 Engineers Office. (Department of
Planning Services)
• D. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state to the Department of Planning
Resolution PZ-1126
Waterfront at Foster Lakes
Page 25
•
Services. (Department of Planning Services)
E. The applicant shall submit evidence to the Department of Planning Services that the Covenants
have been approved by the County Attorney's Office. (Department of Planning Services)
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 Southwest Weld County Law Enforcement Authority
(SWCLEA)(if it has been created)or for creation of a separate Law Enforcement Authority(LEA)
(if it was not created). A LEA is a taxing unit with a maximum mill levy of 7 mills created for the
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. (Department of Planning Services)
G. Finalized covenants and the appropriate recording fee (currently$6 for the first page and $5 for
all others)shall be submitted to the Weld County Department of Planning Services for recording
at the Weld County Clerk and Recorders office. (Department of Planning Services)
H. The applicant shall submit a mylar plat ready for recording for the vacation of County Road 28
right-of-way to the Department of Planning Services. (Department of Planning Services)
I. The applicant shall submit the appropriate on-site and off-site improvements and post the
appropriate collateral fro each Phase or Filing. Collateral shall be reviewed and approved by the
Board of County Commissioners. Department of Planning Services)
•
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). (Dept. of Planning Services)
6. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
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. (Department of Public
Works)
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.
(Department of Public Works, Department of Planning Services)
D. Stormwater best management practices shall be in place in accordance with the 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. (Department of Public Works,
Department of Planning Services)
•
• Resolution PZ-1126
Waterfront at Foster Lakes
Page 26
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton —Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
• I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 16, 2007.
Dated thee 16th 1
Donita of October, 2007.
/U
n �A)�
May
Secretary
•
/c -/( -92607
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 16, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair -,.+' c- _
Paul Branham
Erich Ehrlich 0 — ::E
Robert Grand
Bill Hall 87 .C
Mark Lawley C -0 3C
Roy Spitzer
N ;
Also Present: Bruce Barker, County Attorney; Tom Honn, Brad Mueller, Kim Ogle, Jacqueline Hatah, CSQis
Gathman, Michelle Martin, Planning Staff; David Bauer, Don Carroll, David Snyder, Don Dunk Public
Works; Pam Smith, Environmental Health; Donita May, Recording Secretary.
Commissioner Holton moved that the summary of the last regular meeting of the Weld County Planning
Commission held on October 2,2007, be approved as read.Commissioner Lawley seconded. Motion carried.
The Chair reminded the audience that the next two cases were on the Consent Agenda,which means they will
• not be heard unless two Commissioners request they be heard. At that point,they will be removed and added
to the Hearing Agenda. No one requested they be heard.
CASE NUMBER: PZ-1126
APPLICANT: HF Holdings, LLC
do Darwin Horan (Attn: Linda Sweetman-King)
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 Section 27; N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of
the NE4 Section 3, all in T3N, R68W and part of the NE4 of Section 3,T2N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from (A) Agriculture to PUD (Planned Unit
Development)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. [1804 units/ 10 acres Commercial].
LOCATION: 0.5 mile south of State Highway 66, east of and adjacent to CR 7, west of
and adjacent to 1-25, north of and adjacent to the St. Vrain River.
Kim Ogle, Department of Planning,said Staff and the applicants were requesting Case PZ-1126 remain on the
Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bob Finch,Park Manager,St Vrain State Park, 3525 State Hwy 119, Firestone, CO,requested Case PZ-1126
be pulled from the Consent Agenda. He said they have a number of issues with this particular development
due to its impacts on the State Park. They believe this development will create a situation where they will have
• potential problems making trail connections north across the St Vrain River. He expressed concern about the
impact of the high number of building lots which are too close to the river. Mr. Finch said that in examining the t
County's Comprehensive Plan, they also believe there are open space issues regarding the riparian corridor al
Z `
which the development will impede upon. Additionally they have water quality concerns and general concerns fell
.worm
about impacts on the St Vrain River. This development will be very visible from the Park and once these
•
decisions are made and the lots built, the impacts will be irreversible to an area that is the only State Park in
Weld County and one of the largest pieces of public land in the County. He and the State Park system were
asking this case be heard today and the two letters they have written in opposition be reconsidered because
as far as he knows, no action has been taken regarding their concerns.
The Chair asked Mr. Finch if he had specific questions Staff might answer for him or did he want it to be fully
heard. Mr. Finch wanted the case to be heard today. The Chair asked Mr. Ogle if their packet contained the
letters Mr. Finch referenced. Mr.Ogle responded that the Commissioners had the letters from the Division of
Wildlife as well as the one from Kevin Lyles with Friends of St Vrain State Park and Staff could make the
second letter from Mr. Lyles available to them as well. They were also provided the letter, dated August 23,
2007 from St Vrain State Park.
Commissioner Hall said he felt the information provided by Planning Staff and the applicant was very
thorough. The letters were to be received by August 23, 2007 and were not received until October 10, 2007,
so in his opinion this should not be taken from the Consent Agenda.
The Chair addressed the room and said because they do not have the two votes required to remove it from
the Consent Agenda, it will remain there.
Mr. Finch said they had requested Staff remove this case from the Consent Agenda.He added that it appears
the Commissioners are unwilling to hear any comments from the State Park system on this particular
development at a public forum and it seems to him this is a most unusual way to do business in Weld County.
Mr. Finch felt this way the time to do business and once the application gets to the BOCC, he questioned
whether they would have an opportunity to express their concerns and negotiate any settlement on the kinds
of issues they would like to address regarding the application.
• Mr. Ogle responded that Staff could remove it from the Consent Agenda if they so desired, but the BOCC
hearing is November 14,2007,and they are the decision makers who will decide the case and who will make
recommendations on how to proceed. Mr. Finch said he understood that, but the BOCC decision would be
final and there would be no opportunity for any kind of negotiation.
Bruce Barker, County Attorney, interjected and said that if Mr. Finch felt the BOCC had been out of line and
exceeded its jurisdiction, he could bring the case to District Court and appeal. Mr.Barker emphasized that the
Planning Commissioners felt the application was complete and did not need to be removed from the Consent
Agenda and suggested they move ahead.
CASE NUMBER: USR-1622
APPLICANT: Robert& Karen Lovewell
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 SE4 of Section 22,T1 N, R68W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts, (Fence Company) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 6 and west of 1-25.
Michelle Martin, Department of Planning,said Staff and the applicants request that Case USR-1622 remain on
the Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. No Commissioners voiced any opposition to it remaining on the consent agenda.
. Commissioner Grand moved that Cases PZ-1126 and USR-1622, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval, Mark Lawley seconded the motion. Motion carried unanimously.
2
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