HomeMy WebLinkAbout20073255.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1126, FROM A (AGRICULTURAL) ZONE DISTRICT
TO PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT,WITH R-1 (LOW-DENSITY
RESIDENTIAL),R-2(DUPLEX RESIDENTIAL),R-3(MEDIUM-DENSITY RESIDENTIAL),
R-4(HIGH-DENSITY RESIDENTIAL),C-1 (NEIGHBORHOOD COMMERCIAL),AND C-2
(GENERAL COMMERCIAL), 215 ACRES OF OPEN SPACE, AND CONTINUING OIL
AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY
DISTRICT (1,804 UNITS / 10 ACRES COMMERCIAL) - HF HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 14th day of November, 2007, at 10:00 a.m.
for the purpose of hearing the application of HF Holdings, LLC, 4 Inverness Drive East #300,
Englewood,Colorado 80112,requesting Change of Zone, PZ#1126,from the A(Agricultural)Zone
District to the PUD (Planned Unit Development)Zone District, with R-1 (Low-Density Residential),
R-2 (Duplex Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential),
C-1 (Neighborhood Commercial), and C-2 (General Commercial), 215 acres of open space, and
continuing oil and gas production uses in the Mixed Use Development Overlay District
(1,804 units/10 acres Commercial), for a parcel of land located on the following described real
estate, to-wit:
S1/2 of Section 27; N1/2 NW1/4, E1/2 SW1/4, and
E1/2 of Section 34; NW1/4 NE1/4 of Section 3; all in
Township 3 North, Range 68 West; and part of the
NE1/4 of Section 3, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant was represented by Julie Cozad, TetraTech, 1900 South Sunset
Street, Suite 1-F, Longmont, Colorado 80501, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
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CHANGE OF ZONE #1126 FROM A(AGRICULTURAL) TO PUD - HF HOLDINGS, LLC
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Chapter 23(Zoning), Chapter 24(Subdivision), and Chapter 26 (Mixed Use
Development) of the Weld County Code. The proposed site is not
influenced by an Intergovernmental Agreement. The proposal is consistent
with the aforementioned documents as follows:
1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban
development in, or adjacent to, existing municipalities or the 1-25
Mixed Use Development area, and maintain urban growth boundary
areas that provide an official designation between future urban and
non-urban uses." The proposed PUD is located within the Mixed
Use Development (MUD) area, and within the three-mile municipal
referral area for the Towns of Mead, Frederick, and Firestone and
the Cities of Longmont and Dacono.
2) Section 22-2-110.D(UGB.Goal 4)states,"Whenever possible,open
space within urban development should be connected to existing
open space." The open space area on the south portion of the
property is adjacent to the St. Vrain State Park. Open space is
connected internally and is also interconnected with developments
to the north and future developments to the west via greenway
corridors and an internal trail network.
3) Section 22-2-230.A (MUD Goal 1) states, "To plan and to manage
growth and to provide for ease of inclusion in the 1-25 Mixed Use
Development area and urban development nodes, so as to balance
relevant fiscal,environmental,aesthetic,and economic components
of the area." The proposal assures that new development will occur
in such a manner as to maintain the physical and ecological
environment. Further, all applicable standards and regulations,
unless otherwise modified herein, of Chapters 22, 23, 26, and 27 of
the Weld County Code shall be integrated in the design of the Final
Plan.
4) Section 22-2-240.A(1-25.MUD.Goal 1)states, "Establish a sense of
community identity within the 1-25 Mixed Use Development area by
planning and managing residential, commercial, industrial,
environmental, aesthetic, and economic components of the area."
The land uses shown on the Change of Zone plat reflect the uses
shown on the Amended 1-25 MUD Structural Land Use Map 2.1,
dated January, 2007(Appendix 26-Q). The 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.
5) Section 22-2-230.F(MUD.Goal 6)states,"The extraction of minerals
and oil and gas resources should conserve the land and minimize
the impact to Planned Unit Developments." As proposed, the future
oil and gas operations are limited to approximately eleven locations
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within the open space and development. A recorded Memorandum
of Surface Agreement between Kerr-McGee Oil and Gas Onshore,
LP, and Waterfront at Foster Lake, LLC, dated June 13, 2007,exists
for future drilling operations located in Sections 27 and 34,
Township 3 North, Range 68 West of the 6th P.M., Weld County,
Colorado. The Conditions of Approval require a signed Final
Surface Use Agreement priorto submitting the Final Plat application.
6) Section 22-2-230.C (MUD.Goal 3) states, "Provide efficient and
cost-effective delivery of adequate public facilities and services
which assure the health, safety, and general welfare of the present
and future residents of the County and the area." The applicant has
signed agreements in place with the St. Vrain Sanitation District and
the Longs Peak Water District. The Subdivision Service Agreement
between the Water District and the applicant was approved by the
Longs Peak Water District on July 12, 2007. The Subdivision
Service Agreement between the Sanitary District and the applicant
was approved by the St. Vrain Sanitation District on June 14, 2007.
The Draft Service Agreements were reviewed by the County
Attorney's Office, which indicated that the agreements submitted by
the applicant are adequate.
7) Section 22-2-260.D (I-25.MUD.T.Goal 2) states, "Promote a
pedestrian trail system to service transportation and recreation
purposes within the 1-25 Mixed Use Development area." The
Conditions of Approval ensure that a pedestrian connection will be
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 the Adler PUD (PZ-1071) and Newby Farms PUD (PK-1138),
subdivision developments adjacent to the west.
8) Section 22-3-140.A (T.Goal 1) states, "Provide a unified and
coordinated county-wide street and highway system which moves
people and goods in a safe, economical, and efficient manner." The
Conditions of Approval ensure that the applicant shall address the
issues outlined by the Town of Mead and the Weld County
Department of Public Works, in the referrals dated August 16,2007,
and September 11, 2007, respectively.
9) Section 22-2-260.E(1-25.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
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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 is 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. The
applicant was approved for the Consolidated Service Plan on
August 29, 2007, for the maintenance obligations of improvements
within the PUD.
b. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access standards
County Road 7, adjacent to the development, is within the Town of
Mead. The Conditions of Approval require a letter from the Town
indicating that an access permit onto County Roads 7, 28 and 26.5
has been obtained prior to recording the Change of Zone plat. If that
letter cannot be supplied, the applicant is required to outline, in
detail, all efforts that have been made to acquire approval from the
Town of Mead.
2) Section 27-2-40, Bulk requirements
The applicant has proposed a deviation from the Bulk Requirements
and allowed uses, as set out in the Weld County Code, as follows:
a) The minimum setback from a road right-of-way shall be
twenty(20)feet.
b) The minimum backyard setback shall be twenty (20) feet
from the property line.
c) The minimum side yard offset shall be five (5) feet from the
property line.
d) Encumbrances requested to be allowed in the side yard
setback area include the following: eaves, bay and box
windows, room projections and cantilevers, foundation
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counterforts, brick ledges,air conditioning units and concrete
sidewalks and stoops may encroach up to two and one-half
(2.5) feet within these side setbacks, measured from the
foundation wall.
e) Encumbrances requested in the rear and front yard setback
area include the following: front-yard sidewalks, front porch
steps,back-yard patios,decks and back yard air conditioning
units shall be allowed within the setback. Covered porches
may extend into the rear setbacks a minimum of ten(10)feet
from the property line.
By Code,the minimum total width of easements adjacent to rear and
side yard lot lines is twenty (20) feet, equally proportioned on
abutting properties, and fifteen (15)feet in front yards for the utility
easement.
The minimum lot size shall be 6,050 square feet. This variance is
larger than the 6,000 square-foot lot allowed in the R-1 (Low-Density
Residential)Zone District in the Weld County Code.
The current agricultural uses, associated accessory structures, and
the habitable single family dwelling units may continue on the
properties until construction commences within the filing in which the
uses are located. This request is supported, so long as a nuisance
or derelict condition does not exist.
The commercial component seeks to provide a range of activities
and professional services, including stores and shops, furnishing
services, and merchandise to the general public, restaurants,
including drive-in restaurants; theaters, convention halls, and other
such facilities and structures, private or public, with seating
capacities not over 1,000 persons; establishments for the sale and
care of household pets; professional offices; establishments for the
repair and restoration of small electrical equipment and appliances
such as radios, television sets, business office machines, and
household appliances;private and commercial recreational facilities;
hospitals, nursing homes, retirement centers,and mental or physical
rehabilitation centers;community pool and support facilities;and one
microwave, commercial, radio, television or other communication
transmission or relay tower seventy feet or less in height. All uses
located within the Commercial Zone will be subject to a Site Plan
Review, as outlined in the Weld County Code.
The applicant has requested a multi-family (R-2, R-3, and R-4)
component in three areas within the development entitled to 12 to 14
du/ac to 14 to 16 du/ac.
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Section 23-3-160.L.1.f of the Weld County Code requires a
three-hundred-fifty (350) foot setback from any oil and gas
production facility within a Residential Zone District. The applicant
is requesting a 150-foot setback from wellheads, tank batteries,
separators, meter houses, and emission control devices for existing
and new facilities on the property, for residential and commercial
areas, and 350 feet from any structures classified as assemblage
occupancies.
The applicant does not have a finalized agreement with the
property's mineral owners; however the applicant and Kerr-McGee
Oil and Gas Onshore, LP, have a Memorandum of Surface
Agreement that was executed and recorded on June 13, 2007. The
Conditions of Approval require the submittal of a signed agreement
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. The Conditions of Approval require the applicant to identify
if signage can meet required setbacks and applicable sign code.
3) Section 27-2-50, Circulation
Sections 22-2-220 and 26-2-30 of the Weld County Code require an
interconnected network of local streets. The Weld County
Department of Public Works has requested a connection to the
Mead Crossing development to the north, west of 1-25; and into the
Kiteley Ranch at Foster Lake PUD to the north, east of County
Road 7. Planning Services and Public Works strongly support
interconnectivity of developments because of the traffic benefits
derived by reducing trips on collectors adjacent to developments.
Pedestrian trails are similarly encouraged between developments
and amenities. The Conditions of Approval require the applicant to
show a connection between both of these developments prior to
recording the Change of Zone plat. The applicant is also required
to dimension all rights-of-way prior to recording the Change of Zone
plat.
4) Section 27-2-60, Common open space
As proposed, the site does meet the open space requirements of
Chapters 26 and 27 of the Weld County Code. The proposed
development has 215 acres of open space or thirty-six (36) percent
of the development in native grasses, and manicured turf areas with
a diverse plant material palette for coniferous and deciduous
plantings. Additionally, a clump and gap formed berm traverses the
property west of the 1-25 transportation corridor. The landscape
design for the site includes enhancement of riparian areas within the
river corridor and around the existing ponds. Four park areas
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provide the development with a structured or programmed
neighborhood feel that is accessed by the adjacent roadway
pedestrian path and an internal trail system that winds through the
development connecting the parks and children's playgrounds and
adjacent developments to the north, and allows for connections to
the west.
Recreational uses in the parks and open spaces include active uses
such as lakeside activities, walking trails, a community center with
a neighborhood pool, changing facility, and a community/meeting
room, as well as passive uses such as trails adjacent to the river
corridor, upslope areas around the ponds, and areas having native
plantings.
Given the numerous ditches and physical encumbrances associated
with the conveyance of water,the Departments of Planning Services
and Public Works request that all easements be placed on the plats,
specifically easements for the Highland Ditch Company, the
Number 3 Outlet Ditch, the Sanborn Reservoir Ditch Company, and
their associated easement for access, operation, maintenance,
repair, and replacement. Prior to submitting the Final plat
application, the applicant is required to provide an agreement
between the Highland Ditch Company, the Number 3 Outlet Ditch,
and the Sanborn Reservoir Ditch Company. The applicant is also
required to provide an 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.
5) Section 27-2-74, Conservation area
An important unifying component of the development is the natural
open space and native areas which will be enhanced and the natural
systems protected. Large greenways connecting to the St. Vrain
River and Foster Lake will serve not only as stormwater
drainage-ways for the control and detention of stormwater, but have
also been designed as natural wildlife corridors for wildlife
movement. Approximately 20 acres adjacaent to the St. Vrain River
are within the 100-year floodplain and contain riparian vegetation.
The area is programmed to remain natural open space, with the
potential for passive recreational opportunities such as picnicking,
bird watching, etcetera. This area, once remnant concrete and
associated debris is removed, will remain as a natural area and will
connect to the upslope development through the drainage channels
which exist from Foster Lake south to the river.
As has been stated, Waterfront at Foster Lake PUD is adjacent to
Foster [Lake] Reservoir and is impacted by non-jurisdictional
wetlands, floodplains and high water tables. The Weld County
Department of Public Works cited several major concerns that
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require addressing, including off-site drainage, FEMA floodplain,
erosion issues, the Foster Lake dam, and the numerous irrigation
ditches located on the site.
On July 19, 2007, the Department of Public Works received a
Drainage Report prepared by Tetra Tech,dated July,2007,stamped
and signed by Cameron Fowikes, P. E. #39318. Generally, the
report addresses the issues, although additional information or
clarification is required from Tetra Tech.
The applicant submitted a HEC-1 analysis of the Foster Lake dam
break/overflow scenarios, titled: Hydrologic and Hydraulic Analysis
Proposed Spillway and Channel for the Highland No. 3 Reservoir
Waterfront at Foster Lake SEODAMID 050135, dated June 2007,
stamped by Richard Joseph Tocher, P.E. 19305. The Department
of Public Works received the report July 19, 2007. For
completeness,the applicant shall provide all model calculations and
printouts from this report to the Department of Public Works with the
Final Plat application Drainage Report submittal. The acceptance of
this report shall be through the Colorado Division of Water
Resources, Dam Safety Branch. The Department of Public Works
requires a letter from the Colorado Division of Water Resources,
Dam Safety Branch, indicating its final acceptance of the report.
Although jurisdiction over the Foster Lake dam lies with the State
Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch, the Department of Public Works requests
additional information, as the results of the dam break analysis has
implications for public safety in the proposed Waterfront PUD. The
information shall be submitted, reviewed,and conditionally approved
prior to submitting the Final Plat application.
c. Section 27-6-120.D.5.c -- The uses which will be permitted will be
compatible with the existing,or future development of the surrounding area,
as permitted by the existing zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed PUD is located within the Mixed Use
Development(MUD)area, and within the three-mile municipal referral area
with the Towns of Mead, Firestone, and Frederick and the Cities of
Longmont and Dacono. The Town of Mead, in the referral dated August 16,
2007, is opposed to this development being approved as an unincorporated
project, and requests that it be redirected (annexed) to the Town to insure
safe coordinated community development. The Town of Firestone, in a
verbal referral over the course of a meeting with staff, requested
consideration of a larger setback between the river and the residential
component adjacent to the river corridor. The Town of Firestone further
requested that should an additional setback not be feasible, that the
applicant consider limiting the height of the residential structures adjacent
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to this area. The Town of Frederick, in an email received September 12,
2007, stated the Waterfront Lake PUD is outside of its planning boundary,
therefore it had no comments regarding the project at this time. The City of
Longmont, in the referral dated August 22, 2007, had several comments,
specific to urban development, floodplain, and trail corridors from Liberty
Gulch and Union Reservoir into the State park. The City of Dacono
indicated no conflicts with the proposal.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The Weld County Department of Public Health and Environment indicated
the application has satisfied Chapter 27 of the Weld County Code in regard
to water and sewer service. The application states water will be provided by
the Longs Peak Water District. A Draft Water Service Agreement has been
included with the application. A non-potable water system is planned for the
parks and open space areas, as well as the residential and commercial lots.
Sewer service will be provided by the St. Vrain Sanitation District. A Draft
Service Agreement has been included with the application.
The Board of County Commissioners, at a public hearing on August 29,
2007,approved the Consolidated Service Plan for Waterfront at Foster Lake
Metropolitan Districts Nos. 1, 2, and 3. The 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 Department of Public Health and Environment has
reviewed the proposal for 1,804 residential units, ten (10) acres of planned
commercial/retail zoning, a community center, a public pavilion for
community events, and various other active and passive recreational uses
(2 tot lots, fishing, non-motorized boating, lakeside activities, trails,
etcetera). The trail system plans to connect to the St.Vrain Middle and High
School site (off property) and Kiteley Farms at Foster Lake PUD. The two
pocket parks with tot lots will have enclosed portable toilets, and the public
pavilion and community center will be connected to the St. Vrain Sanitation
District. The picnic area (located within the 100-year floodplain boundary)
is within walking distance to the park/tot lot in the southern portion of the
development. If the community center's pool will be open to the public
(memberships, swim meets for the high school and/or middle school,
etcetera), the facility will be subject to the Colorado Department of Public
Health and Environment Swimming Pool and Mineral Baths (Swimming
Pool) regulations. The commercial/retail uses in the development will be
subject to the Site Plan Review process once they are identified. The
Departments of Planning Services and Public Health and Environment will
conduct additional reviews of those uses at the time of development.
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There are existing homes with septic systems located on the property(3203,
3826 and 3854 County Road 28). None of these septic systems are
documented. The Department understands that the system at 3854 County
Road 28 will be abandoned. There is another very old residence on the
southern portion of the property that will also be abandoned (address
unknown). These septic systems must be properly abandoned in
accordance with Section 30-7-70. The homes at 3203 and 3826 County
Road 28 are currently occupied and will remain so until that phase of the
development begins (approximately Phase 2); the septic systems must be
evaluated for adequacy for the time period that they will be occupied. A
fourth home with a septic system is located on the property at 3042 County
Road 28. This system has been documented under a Statement of Existing,
SE-0100120, and no further action is needed at this time provided the
system is functioning properly. This home is also currently occupied and will
remain so until approximately Phase 2 of the development,when the septic
system will be abandoned for the St. Vrain Sanitation District sewer. These
septic systems will also be required to be abandoned in accordance with
current regulations in effect at that time.
e. Section 27-6-120.D.5.e--Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. As previously indicated, the applicant is in the process of
updating the Traffic Impact Study(TIS)by Eugene Coppola, P.E., submitted
in August, 2006, incorporating the review comments offered by Felsburg,
Holt and Ullevig (FHU) in November, 2006.
The applicant has received the updated version of the
Mead-Longmont-Weld County Sub-Area Report prepared by FHU, dated
July, 2007, and is utilizing the recommendations from that report as
guidance for roadway planning and design in the study area which includes
the Waterfront at Foster Lake project.
The traffic impacts of the proposed Waterfront PUD and the new High
School must be addressed in the TIS for the Final Plat submittal. The
County has concerns for public safety, due to the current configuration of
the intersection of County Roads 7 and 26. This intersection curve must be
corrected prior to opening the new High School in 2009. Although not
formally submitted, Waterfront's engineer has evaluated possible
intersection upgrades that include a new alignment with super-elevation to
address the curve, and raising the roadway with fill and box culverts to allow
passage of Liberty Gulch peak flows. An alternative design, wherein there
is no intersection of these two roads, has also been discussed. In this
option, the southern end of County Road 7 is terminated with a cul-de-sac,
and the eastern end of County Road 26 is terminated with a cul-de-sac.
This second alternative appears to be the safest and most economical
approach,and should be presented to the property owner immediately to the
west of County Road 7, and incorporated into the development.
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f. Section 27-6-120.D.5.f--The Off-Site Road Improvements Agreement and
an On-Site Improvements Agreement proposals are in compliance with
Chapter 24 of the Weld County Code, and a Road Improvements
Agreement is complete and has been submitted, if applicable. The
anticipated roadway improvements to the surrounding roadway network, as
well as those directly related to the proposed Waterfront at Foster Lake
development, need to be clearly defined 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. 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 Intergovernmental
Agreement.
g. Section 27-6-120.D.5.g -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Tetra Tech submitted a preliminary Geotechnical Due
Diligence Study for the Waterfront at Foster Lake Subdivision, stamped by
Patrick S. Carlin, P.E. 33289, dated April 26, 2006, and received by the
Department of Public Works on July 19, 2007. The Geotechnical Study
shows all areas tested within the site having low resistivity(ohms/cm)soils;
these soils are highly corrosive to metal, and special consideration shall be
given to metal pipes and concrete reinforcement. Per analysis, ground
water was observed 12 to 13 days after boring in 17 of the 18 bore holes.
Special consideration must be taken to ensure foundations and footers are
not adversely affected by these ground water findings.
A Geology Memorandum from Gary Linden, dated August 25, 2006, was
submitted to the Department of Planning Services. It indicated the gravel
and sand source rate is poor for this site. No lots or development are
planned in the low lying area adjacent to the St. Vrain River.
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 setbacks from Foster Lake, channels, swales, ponds, and
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possibly other conveyance features will be required. The simulated dam
break/overflow scenarios, including determination of peak flow rates in the
Clear Day Breach Channel and Dam Safety Branch, have not been
evaluated or accepted by the State Engineer's Office acceptance,therefore,
it is premature to comment on appropriate setbacks,channel crossings,and
other design issues related to the channel. The applicant has been advised
the Department of Public Works may have additional concerns and
requirements; however, these may not arise until review of the comments
from the State Engineer's Office and the Colorado Division of Water
Resources, Dam Safety Branch, on the proposed channel and related
facilities. All stormwater must be detained on the site and follow the
requirements of Section 24-7-130.D of the Weld County Code and Code
Ordinance #2006-7.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District(s), uses, and the Specific Development Guide. The submitted
Specific Development Guide does accurately reflect the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of HF Holdings, LLC, for Change of Zone, PZ#1126, from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with
R-1 (Low-Density Residential), R-2 (Duplex Residential), R-3 (Medium-Density Residential),
R-4(High-Density Residential), C-1 (Neighborhood Commercial), and C-2(General Commercial),
215 acres of open space, and continuing oil and gas production uses in the Mixed Use
Development Overlay District(1,804 units/10 acres Commercial), on the above referenced parcel
of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide a letter from the Town of Mead indicating its
concerns have been addressed, specific to proposed location and
right-of-way widths for all internal and external roads. Written evidence of
such shall be provided to the Department of Planning Services
B. The applicant shall address the requirements and concerns of the St. Vrain
Valley School District, as stated in the referral response dated August 15,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The plat shall be amended to include the following:
1) All sheets of the plat(s) shall be labeled PZ-1126.
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2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat, per Section 23-2-690 of the Weld County
Code.
3) County Road 28 has been re-classified by the County utilizing the
updated version of the Mead-Longmont-Weld County Sub-Area
Report prepared by FHU, dated July, 2007. Utilizing the
recommendations from the report as guidance for roadway planning
and design in the study area, which includes the Waterfront at
Foster Lake project, the applicant shall verify the existing
right-of-way, and the documents creating the right-of-way shall be
noted on the Change of Zone plat. If the right-of-way cannot be
verified, it will be dedicated. This road is maintained by Weld
County.
4) County Road 26.5 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified, it will be dedicated. This road
is maintained by the Town of Mead.
5) County Road 7 has been annexed by the Town of Mead. The
applicant shall verify the existing right-of-way, and the documents
creating the right-of-way shall be noted on the Change of Zone plat.
If the right-of-way cannot be verified, it will be dedicated. This road
is maintained by the Town of Mead.
6) All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
7) Weld County's Right to Farm Statement, as provided in
Appendix 22-E of the Weld County Code, shall be delineated on the
plat.
8) The plat shall delineate the residential parcels adhering to the
Mitigation Design Criteria,as stipulated on Sheet 7 of the Change of
Zone Plat.
D. The Change of Zone is conditional upon the following and that each shall be
placed on the Change of Zone plat as notes prior to recording:
1) Change of Zone, PZ-1126, is from the A(Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District with R-1
(Low-Density Residential), R-2 (Duplex Residential), R-3
(Medium-Density Residential), R-4 (High-Density Residential), C-1
(Neighborhood Commercial), C-2(General Commercial), 215 acres
of open space, and continuing oil and gas production uses in the
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Mixed Use Development Overlay District (1,804 units/10 acres
Commercial) -Waterfront at Foster Lake PUD, except as indicated
herein. The PUD will be subject to, and governed by,the Conditions
of Approval stated herein and as specifically defined on the Change
of Zone plat, Sheet 7 PUD Requirements, and the Waterfront at
Foster Lake Development Guide.
2) The Open Space Lots are non-buildable for residential structures or
structures providing habitable space.
3) Water service shall be obtained from the Longs Peak Water District.
4) Sewer service shall be obtained from the St. Vrain Sanitation
District.
5) Permanent restroom and hand washing facilities shall be provided
within easy access of the public gathering areas.
6) Any abandoned septic system must comply with Section 30-7-70 of
the Weld County Code. The applicant should contact the
Department of Public Health and Environment to update existing
septic permits for those systems that have been abandoned.
7) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one
acre in area. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
8) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
9) In accordance with the Regulations of the Colorado Air Quality
Control Commission, any development that disturbs more than
five (5) acres of land must incorporate all available and practical
methods that are technologically feasible and economically
reasonable in order to minimize dust emissions.
10) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six(6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice,and apply fora permit from the Colorado
Department of Public Health and Environment.
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11) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner.
12) A Metropolitan District has been established. The District is
responsible for street improvements, including, but not limited to,
streets, curbs, gutters, bridges, embankments, divider islands and
medians, cross-walks, cross-pans, traffic signals, and signage.
13) The Southwestern Weld County Law Enforcement District shall be
established prior to the sale of any lot, or may be provided by
another approved agency or municipality.
14) Intersection sight distance triangles at the development entrance will
be required. All landscaping within the triangles must be less then
3.5 feet in height at maturity.
15) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
16) No grading permits will be issued for this project without submission
and Weld County approval of erosion control and sediment control
plans prepared, stamped, and signed by a professional engineer
licensed to practice in Colorado. The applicant is notified that land
disturbance on one portion of this site may require construction of
temporary or permanent erosion control and sediment control Best
Management Practices on other portions of the site.
17) A separate building permit shall be obtained prior to the construction
of any building.
18) A plan review is required for each building for which a building permit
is required. Commercial building plans shall bear a wet stamp of a
Colorado registered architect or engineer. Commercial building
plans require a Code Analysis Sheet,which is provided by the Weld
County Department of Building Inspection. Residential building
plans may be required to bear the wet stamp of a Colorado
registered architect or engineer.
19) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Currently, Weld
County has adopted the following:2006 International Building Code,
2006 International Residential Code, 2006 International Mechanical
Code, 2006 International Plumbing Code, 2006 International Fuel
Gas Code, 2005 National Electrical Code, and Chapter 29 of the
Weld County Code, and to the Waterfront at Foster Lake PUD
Development Guide and Change of Zone, Sheet 7 PUD
requirements.
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20) Each building will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
21) Building heights are measured as described on the Change of Zone
plat, Sheet 7. Building height is measured from grade to average
height of the highest gable of a pitched or hipped roof in all Zone
Districts.
22) Fire resistance of walls and openings, construction requirements,
maximum building height, and allowable areas will be reviewed at
the plan review. All setbacks are measured from the outside of the
foundation wall. Architectural elements may encroach 2.5 feet into
the side setbacks, and also into the front and rear setbacks, as
defined on the Change of Zone plat, Sheet 7 PUD. In no event will
there be an encroachment into the Utility or Drainage Easements,as
stipulated in Chapter 27, Section 27-9-40, and Chapter 24,
Section 24-7-60, Easement Standards.
23) The applicant shall provide a letter of approval from the Mountain
View Fire Protection District prior to construction.
24) The minimum residential lot size shall be 6,050 square feet.
25) The minimum setback from the future road right-of-way for all
commercial properties is twenty-five (25) feet.
26) Amend Sheet 7 of the Change of Zone plat to reflect the following
Mitigation Design criteria to be met for all parcels adjacent to the St.
Vrain River Corridor. In lieu of height restrictions, as stipulated, the
following Mitigation Design Criteria shall be imposed:
Colors: All occupied structures and accessory structures shall be
constructed and maintained so that predominant exterior wall colors
(including the colors of basement walls on the downhill side of the
structure) and roof surfacing materials; (a) repeat the colors found
most commonly in the land and vegetation around the building(earth
tone); and (b)have a light reflective value of no more than forty(40)
percent.
Reflective materials and bright colors that contrast dramatically with
the colors of the land and vegetation around them shall not be used
as predominant colors on any wall or roof surface.
Vegetation: The area around each primary structure and accessory
structure shall include at least one (1) tree of a species with a
mature height of at least thirty-five (35)feet, for each two thousand
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five hundred (2,500) square feet of lot or parcel area; provided,
however, that this requirement shall not require any single-family
residential lot to contain more than eight(8)trees. At least fifty(50)
percent of the total number of trees required on the lot or parcel shall
be located within fifty (50) feet of the primary structure facing the
nearest viewing platform.
In addition, to the maximum degree feasible, during overlot grading,
all existing mature vegetation with a height of more than three (3)
feet, other than noxious plants and weeds, shall be preserved. Any
existing trees that meet the height requirement are counted towards
satisfaction of the tree requirement.
Floodlighting: Floodlights shall not be used to light all or any portion
of any primary or accessory structure facade, and all outdoor light
sources mounted on poles, buildings or trees,or other outdoor areas
shall use full cutoff light fixtures. A full cutoff light fixture is one in
which no more than two and one-half(2.5)percent of the total output
is emitted at ninety (90) degrees from the vertical pole or building
wall on which it is mounted. All such fixtures shall be installed or
shielded so that part of the light bulb or light source is not visible
beyond the property boundaries.
27) The commercial component is limited to include: stores and shops,
furnishing services, and merchandise to the general public;
restaurants including drive-in restaurants; establishments for the
sale and care of household pets; professional offices;
establishments for the repair and restoration of small electrical
equipment and appliances such as radios, television sets, business
office machines,and household appliances; private and commercial
recreational facilities; private clinics for the dispensing of medical
advice or prescriptions; nursing homes, retirement centers, and
mental or physical rehabilitation centers; community pool and
support facilities; and one microwave, commercial, radio, television
or other communication transmission or relay tower seventy feet or
less in height.
28) In the Commercial Zone District, the maximum square footage is
limited to 100,000 square feet in area.
29) The building height is 35 feet for the two multi-family tracts (the
8.4 acre tract, adjacent to County Road 7, and north of the high
school site; and the 7.3 acre tract, north of County Road 28, and
west of Interstate 25). The multi-family parcel(13.6 acre tract, north
of the high school, and west of the Community Center) will be
allowed to have building heights of 45 feet. All other single family
residential lots are 35 feet in height.
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30) Storage of vehicles or recreational vehicles shall only be allowed
inside garages.
31) Weld County's Right to Farm Statement, as delineated on this plat,
shall be recognized at all times.
32) A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one
acre in area. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
33) Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program.
34) Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
35) Oil and gas structures shall be fenced to avoid tampering, as
required by the COGCC, and will be the responsibility of the facility
owner.
36) The current hunting and fishing lease in place for the property will
expire May, 2008. Hunting will be allowed until the first building
permit is applied for, with no hunting activities permitted after that
time.
37) Except where noted on this plat, signs shall adhere to
Sections 23-4-80 and 23-4-110 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
38) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
39) Except where noted on the Change of Zone plat and the Waterfront
at Foster Lake Development Guide, the property owner shall be
responsible for complying with the Performance Standards of
Chapter 27, Articles II and VIII, of the Weld County Code.
40) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services, state and
federal agencies, and adopted Weld County Code and policies.
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41) No development activity shall commence on the property, nor shall
any building permits be issued, until the Final Plat has been
approved and recorded.
42) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated herein and all applicable Weld County regulations.
43) The applicant shall comply with Section 27-8-50 of the Weld County
Code, as follows: Failure to submit a Planned Unit Development
Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District,
the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission
of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If
the Board determines that conditions or statements made supporting
the original approval of the PUD Zone District have changed, or that
the landowner cannot implement the PUD Final Plan, the Board of
County Commissioners may, at a public hearing, revoke the PUD
Zone District and order the recorded PUD Zone District to revert to
the original Zone District.
44) Except where noted on the Change of Zone plat and the Waterfront
at Foster Lake Development Guide, the property owner shall be
responsible for complying with the Performance Standards of
Chapter 27, Articles II and VIII, of the Weld County Code.
45) 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.
46) Future oil and gas production uses, as identified in the Master
Surface Use Agreement, or similar recorded document signed by
representatives of HF Holdings/Waterfront at Foster Lake, LLC, or
their successors, and Kerr-McGee Oil and Gas Onshore, LP, shall
be afforded drilling of wells as a Use by Right in all Zone Districts.
Appropriate setbacks, offsets, and building permits will be required.
2. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the applicant
shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
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acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable).
3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required one hundred twenty(120) days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. At the time of 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, aka Foster Lake, dam, and spillway, and the relocation or
alternation of several interconnections, including the outlet works of the
reservoir.
B. The applicant shall submit written evidence of an agreement with the No. 3
Outlet Ditch Company, specific to the relocation and piping of the No. 3
Outlet Ditch, the redesign of the Highland No. 3 Reservoir,aka Foster Lake,
outlet works that directly feed the ditch, the interconnection with the outlet
from the Sanborn Reservoir, and, at a minimum, two headgates. Further,
crossing of the No.3 Ditch easement for roads,trails,and recreational rights
shall also be addressed in this agreement or a rider to this agreement.
C. The applicant shall submit written evidence of an agreement with the
Sanborn Reservoir Ditch Company, specific to the piping and relocation of
the outlet ditch from the Sanborn Reservoir and its interconnection with the
No. 3 Outlet Ditch.
D. The applicant shall submit written evidence from the Mountain View Fire
Protection District stipulating that there is adequate fire flow for all
residential areas within this development. Further, the evidence shall
include the fire flow analysis documents with a written sign-off from the Fire
Marshall for the Mountain View Fire Protection District.
E. The applicant shall submit written evidence of an accepted erosion control
plan from the Longmont Conservation District specific to buffer areas
adjacent to rivers, lakes, and ditches to protect against erosion.
F. The applicant shall submit written evidence from the Colorado Division of
Wildlife (CDOW) specific to buffer areas adjacent to rivers, lakes and
ditches regarding protection from impacts to wildlife, existing and proposed
vegetation, and disturbance including issues of noxious weeds.
G. The applicant shall submit a Finalized Agreement with signatures from all
affected parties, including, at a minimum, Kerr-McGee Oil and Gas
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Onshore, LP, and Waterfront at Foster Lake, LLC, for drilling operations
within Sections 27 and 34, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado.
H. The applicant shall submit written evidence addressing the stormwater or
non-point source contaminates that may not be adequately contained within
the development that may flow downhill into the St. Vrain River, per the
referral from the Colorado State Parks.
The applicant shall submit a finalized agreement with signatures from all
affected parties, including, at a minimum, Waterfront at Foster Lake, LLC,
or their assignees, and the St. Vrain Valley School District stipulating that
the Agreement to Mitigate the Impact on Schools has been reached.
J. The applicant shall submit a Final Phasing Plan for all Filings and Phases
of this development.
K. The applicant shall submit the he road layout, including the road name
nomenclature, for review by all referral agencies and for preliminary
addressing of the subdivisions lots by Filing or Phase.
L. The applicant shall provide the Department of Planning Services with a copy
of the Restrictive Covenants, the Law Enforcement Authority, and
Homeowners'Association incorporation paperwork for St.Vrain Lakes PUD,
for review by the Weld County Attorney's Office. Any changes requested
by the Weld County Attorney's Office shall be incorporated.
M. The applicant shall provide the Department of Planning Services with a
deed, for recording with the Final Plat, that documents the open space and
mineral rights are deeded to the Metropolitan District.
N. The applicant shall provide an Open Space/Landscape Plan, per
Section 24-3-50.G of the Weld County Code for review and approval.
O. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical, and species names, size at
installation, and any additional information deemed necessary.
P. The applicant shall submit a Re-vegetation Plan of all areas disturbed during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
Q. The applicant shall demonstrate how the proposed plant material will be
watered. Further, the applicant shall provide evidence that the tap from
Long's Peak Water District is permitted to provide irrigation water to the
landscaped areas.
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R. The applicant shall submit a time frame for site construction, roads, parks,
and open space in accordance with Section 27-2-200 of the Weld County
Code.
S. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street name and lot addresses shall be
submitted to the Mountain View Fire Protection District, the Weld County
Sheriffs Office,Ambulance provider,and the Post Office for review. Written
evidence of approval shall be submitted to the Department of Planning
Services.
T. The applicant shall dedicate the required right-of-way for the new alignment,
as approved by the Department of Public Works, for County Road 28, west
of 1-25 and east of County Road 7, for review and approval by the Board of
County Commissioners.
U. The applicant shall provide the Department of Planning Services with an
application for the vacation of County Road 28 right-of-way with the
submittal of the Final Plat application materials.
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 Reservoir Waterfront
at Foster Lake SEODAMID 050135,dated June, 2007,stamped by Richard
Joseph Tocher, P.E. 19305. The Department of Public Works received the
report July 19, 2007. For completeness,all model calculations and printouts
from this report shall be provided to Weld County with the Final Plat
Drainage Report. The acceptance of this Report shall be through the
Colorado Division of Water Resources, Dam Safety Branch. The
Department of Public Works requires a letter from the Colorado Division of
Water Resources, Dam Safety Branch, indicating final acceptance of the
Report at a date uncertain.
W. Although jurisdiction over the Foster Lake dam lies with the State Engineer's
Office and the Colorado Division of Water Resources, Dam Safety Branch,
Weld County requests additional information, as the implications of the dam
break analysis has implications for public safety in the proposed Waterfront
PUD. The applicant shall discuss residential setbacks from the breach point
of Foster Lake and from the spillway channel though the subdivision.
Typically, dam break analyses include a 500-year simulation; however, the
June, 2007, Hydrologic and Hydraulic Analysis Proposed Spillway and
Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake
SEODAMID 050135, did not include analysis of the 500-year rain event.
The applicant shall provide simulation of the 500-year dam break event and
show the calculations and discuss how the numbers were derived.
X. A recent County inspection of the Foster Lake dam and spillway revealed
deteriorated concrete. The applicant shall provide results of geotechnical
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investigations that address the structural integrity of these facilities. The
applicant shall also provide evidence that this information was conveyed to
the State Engineer's Office and the Colorado Division of Water Resources,
Dam Safety Branch. County concerns include the ability of the concrete wall
around portions of Foster Lake to support lake-full hydraulic pressure. The
applicant shall also discuss the erosional stability and lake management
practices of the dam, wall, spillway, and lake shore areas during lake-full
periods when wave action or boating will potentially cause additional erosion
and damage to the wall and spillway structures.
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.
Z. Page 2 of the applicants submittal,the third sentence in the third paragraph
states, "Geology includes alluvial sands and gravel by the St. Vrain River in
the southern portion of the site." This statement does not match the bore
hole data presented in the Wassenaar Geotechnical Report, dated April 26,
2006, and does not agree with the Tetra Tech memorandum conclusions.
The Tetra Tech RMC memorandum, dated August 25, 2006, indicates that
"Review of Colton and Fitch (1974) indicates the low lying area adjacent to
the St. Vrain River in the southeast corner of the site is a potential source
of sand and gravel. However,exploratory drilling(Wassenaar, 2006)did not
encounter sand and gravel in this area. In addition, soils mapping by the
U.S.D.A. (2006) concludes that the site soils are a poor source of gravel."
As foundation requirements and control of groundwater may be impacted
by the subsurface conditions,the applicant shall reconcile these differences.
AA. Page 3 of the applicant's submittal include figures RA-2 and RA-6 of the
Urban Drainage Criteria Manual. The applicant shall identify the boundary
of the Waterfront Subdivision on these maps.
AB. Page 4 and 5 of the applicant's submittal shall discuss in detail how the
Foster Lake dam breach path and spillway will safely convey flows through
the subdivision. When accepted by the Colorado Division of Water
Resources, Dam Safety Branch, the applicant shall provide an executive
summary of the Hydrologic and Hydraulic Analysis Proposed Spillway and
Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEO
DAMID 050135.
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AC. Several of the proposed detention ponds discharge into the Clear Day
Breach Channel. The applicant shall clarify whether these extra flows in the
channel have been accounted for in the Dam Breach Analysis.
AD. Only one of the basins, D1 through D5 pond discussions, describe any
freeboard. The applicant shall show and discuss the freeboard of all the
detention ponds.
AE. Detention Ponds 4 and 5 apparently are proposed to release directly into the
St. Vrain River. The applicant shall discuss, in detail, how these outfalls will
be protected during the 100-year flood flows.
AF. The applicant shall explain, in more detail, the Neighboring Flows, flow rate
going into Foster Lake, and any flows coming from the High School onto the
Waterfront site. The applicant shall include flow rate and safe conveyance
of these flows through the site in this discussion.
AG. Page 6 of the applicant's submittal shall provide more detail on the proposed
underdrain system to contend with the high water table identified within this
site, as described by the Wassenaar Geotechnical Report, dated April 26,
2006. The applicant shall indicate where this system will discharge captured
ground water.
AH. For the Final Plat, the applicant shall explain, in detail, how the High School
site detains, releases,and routes stormwater safely through and around the
Waterfront site. The applicant shall describe any undetained areas within
the school site and how they will affect the waterfront neighboring flows.
Al. An individual (typical) lot grading plan will be required for each proposed
residential lot configuration. This plan shall show how each lot is graded,
providing for drainage between and along lot lines. For the Final Plat, the
applicant shall also include a minimum basement elevation for each lot, and
indicate what lots will not be able to have basements or crawl spaces due
to the high water table reported in the Wassenaar Geotechnical Report,
dated April 26, 2006.
AJ. In the Final Plat submittal, the applicant shall show the locations of ditch
access for maintenance,describe maintenance plans(who will mow,control
weeds), and provide written agreements between Waterfront and the ditch
owners covering these topics in the Final Plat submittal.
AK. National Pollutant Discharge Elimination System(NPDES)requirements will
dictate that the applicant obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment. A copy of this
permit and a Best Management Practices Erosion Control Plan will be
required by the Department of Public Works as part of the Final Plan
submittal. No site grading will be permitted until these documents have
been submitted and reviewed.
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AL. Site-specific water quality measures to be installed at specific locations
should be shown on the plans, rather than copies of measures available
from the Urban Drainage Manual and Boulder County. The applicant shall
include these water quality measures in the drawings for the Final Plat
submittal.
AM. All drainage facilities, including swales and pipes, must be in drainage
easements shown on the Final plat. Proposed detention ponds must be
placed in a perpetual drainage easement, along with an access easement
to be secured and maintained to allow repair and maintenance of the
detention ponds and inundated areas.
AN. Appendix A: The applicant shall show the outer boundary of the Waterfront
Subdivision on the submitted Federal Insurance Rate Map (FIRM).
AO. Appendix B: The applicant shall include all of the historic Colorado Urban
Hydrograph Procedure (CUHP) input and output data sheets.
AP. Appendix B: Historic CUHP input - The applicant shall explain, provide
calculations, and show maps or plans as to how all the values for the spread
sheet data were derived. The maximum percent impervious for historic
flows is two (2) percent, and the applicant shall update and correct the
calculations.
AQ. Appendix C: The applicant shall indicate all off-site flows around the
Waterfront site.
AR. Appendix C: For the developed case CUHP-The applicant shall include all
of the developed CUHP input and output data sheets, and explain, provide
calculations, and show maps as to how all the values for the spread sheet
data were derived.
AS. Appendix C: The proposed slope values appear to be too flat. The site has
elevations between 4,985 feet and 4,920 feet, or about sixty-five (65) feet
of fall across the site. The applicant shall provide the time of concentration
calculations and show the route on a map or plan. Any basins less than
0.141 miA2 or 90 acres shall have the time of concentration calculated when
using CUHP.
AT. Appendix C: The Manning 'n' values used in the Environmental Protection
Agency(EPA)Stormwater Management Model(SWMM)5 appear to be low,
AU. Appendix C: The applicant shall include the 10-year developed storm event
calculation if culverts are to be proposed within the subdivision.
AV. Appendix C: The applicant shall show the 100-year storm event detention
pond volumes as acre feet.
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AW. Appendix D: In the Waterfront at Foster Lake proposed drainage runoff
calculations spreadsheet, the applicant shall include more detail as to how
the 'C' factor values were derived by providing the amount of roadways,
sidewalks, driveways, house and garage roofs, and landscape areas for
each sub-basin and basin within the subdivision.
AX. Appendix D: The Basin H3 100-year composite 'C' value does not match
the drainage basin map. The applicant shall tabulate or explain the type and
locations of the sub-basin discharges.
AY. Appendix E: The applicant shall describe whether the Grass Buffer and
Grass Swales will be irrigated. If these drainage facilities will not be
irrigated, the applicant shall use a reduced Manning's 'n' value to more
accurately characterize these features which will be closer to bare soils than
grassed channels.
AZ. Appendix E: The applicant shall explain and show where underdrains will
discharge.
BA. Appendix E: Due to the increased maintenance,Weld County recommends
not using the Urban Drainage well screens in front of the Water Quality
Capture Volume (WQCV) plate. These well screens plug very easily,
creating a pond of water that can be a breeding ground for mosquitoes.
During the sizing of the holes for the WQCV plate, Weld County
recommends using as large a hole as possible with the fewer columns.
BB. Drainage Plan Sub Basin Map: On Sheet 1 of the applicant's submittal, the
applicant shall label the contours so they are readable.
BC. Drainage Plan Sub Basin Map: The applicant shall show, on a drawing, the
time of concentration historical paths used to determine the initial overland
flow and the travel time for the time of concentration calculations.
BD. Drainage Plan Sub Basin Map: The applicant shall include the flows from
the five (5) acre parcel in the middle of this project labeled: "This property
is not part of this development." Flows from this Anderson Outlot parcel
must be safely routed through the development. Waterfront is not required
to detain these outlot flows. Conceptually, these flows may be assumed to
pass through the detention ponds and over the emergency weir, not through
the pond's five (5) year historic release orifice plate.
BE. Drainage Plan Sub Basin Map: On Sheet 2 of the applicant's submittal, the
applicant shall show the detention ponds, and basins X and Y since they are
not detained and release directly into the St. Vrain River. The applicant
shall also show the detention pond outlet pipes and pond overflow weirs for
the St. Vrain Valley School District High School #7 parcel.
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BF. Drainage Plan Sub Basin Map: On Sheets 3 through 11 of the submittal,
the applicant shall indicate the 100-year water surface elevation (WSEL),
emergency spillway weir and its elevation, outlet structures, and free board
elevation for all the detention ponds.
BG. Drainage Plan Sub Basin Map: The applicant shall show and label all the
existing oil and gas wells, plus show the drilling windows of all future wells.
BH. Drainage Plan Sub Basin Map: The applicant shall label all residential lots
with an 'A' or `B' lot designation and show how each of these lot types will
route the stormwater around and away from the homes and to the street.
Bl. Drainage Plan Sub Basin Map: Due to the presence of high ground water
in some areas, per the final Geotechnical Report, the applicant shall label
all residential lots as to being acceptable or unacceptable for basements,
crawl spaces,and/or walkout basements,and include a minimum basement
finished floor elevation.
BJ. Drainage Plan Sub Basin Map: The applicant shall provide a top of
foundation elevation for each lot ensuring one (1)foot of free board above
the maximum allowed street stormwater capacity for the 100-year storm
event. The depth of stormwater between houses also will need to be
considered.
BK. Drainage Plan Sub Basin Map: The applicant shall show, on a drawing, the
time of concentration developed paths used to determine the initial overland
flow and the travel time for the time of concentration calculations.
BL. Drainage Plan Sub Basin Map: The applicant shall label all roadways on
each drawing or map.
BM. Drainage Plan Sub Basin Map: the applicant shall label all low and high
points on all roadways.
BN. Drainage Plan Sub Basin Map: The applicant shall dimension all setbacks
from Foster Lake, channels, swales, ponds, and other conveyance features
throughout the drainage basins. Building envelopes may be required.
BO. Geology Report: A Geology memorandum from Gary Linden, dated
August 25, 2006, was submitted to Weld County Department of Planning
Services. It indicated the gravel and sand source rate is poor for this site.
No lots or development are planned in the low lying area adjacent to the
Saint Vrain River. The applicant shall provide evidence of poor aggregate
materials on the site.
BP. Geology Report: The applicant shall discuss, and show in this report, the
future oil and gas production locations and how accesses to the existing and
future wells and tank batteries will be handled throughout the subdivision.
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BQ. A Final Geotechnical Due Diligence Study for the Waterfront at Foster Lake
Subdivision, stamped by a Colorado registered engineer shall be submitted
at the time of Final Plan, specifically addressing the highly corrosive soils
and ground water table.
BR. Amend Geotechnical Report: The applicant shall update text in the report
which does not match the Swell-Consolidation test results.
BS. Amend Geotechnical Report: This report does not address slope stability
on Sheet 12 of the applicant's submittal, which is required for Final Plat
submittal. In particular, therefore, the applicant shall address public safety
and setbacks along the edge of Liberty Gulch.
BT. Amend Geotechnical Report: A Final Geotechnical Study with pavement
design recommendations will be required to be submitted during the Final
Plat. In this final Geotechnical Report, the applicant shall include data from
drill borings along the centerline of all proposed streets; borings should be
spaced every 500 feet, or as required by rapidly changing soil conditions.
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.
BV. The internal local road right-of-way shall be 60 feet in width, including
cul-de-sacs,with a 65-foot radius, and dedicated to the public. The internal
collector road right-of-way shall be 80 feet in width and dedicated to the
public.
BW. The Highland Ditch Company, the Highland No. 3 Reservoir (aka Foster
Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch
Company) must be appropriately labeled and dimensioned, including
setbacks, easements, and rights-of-way, along with proposed relocation as
required and as stipulated in the signed and recorded agreement.
BX. The plat(s) shall be amended to accurately delineate any gathering line
easements for the existing oil and gas structures and all proposed
structures, along with proposed relocation, if necessary, as stipulated in the
signed and recorded agreement.
BY. The applicant shall be required to provide written and graphic evidence from
the School District and post office that the proposed mailbox location and
bus shelter plan meets their design standards and delivery requirements for
the mailbox facility and the proposed school drop off/pick up location.
Written evidence of compliance with their standards and requirements shall
be submitted to the Department of Planning Services. Further, evidence
shall be provided that each facility meets the intent of the Americans with
Disabilities Act (ADA) for access. The Department of Building Inspection
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shall review the proposed structures for compliance with all applicable
codes, as warranted. Evidence of approval shall be submitted to the
Department of Planning Services.
BZ. The plat shall delineate and identify the road inter-connections from the
Waterfront at Foster Lake PUD into Kiteley Ranch at Foster Lake PUD
(Pioneer Drive), and identify the connection from the Waterfront at Foster
Lake PUD into the Mead Crossings Subdivision development (Highland
Drive) adjacent to the north.
CA. The plat shall delineate a pedestrian connection to the Kiteley Ranch at the
Foster Lake PUD development to the north prior to recording the Change
of Zone plat.
CB. Amended MUD Structural Land Use Map 2.1, dated January, 2007,
delineates plans for a trail connection along Foster Reservoir to the north.
A trail shall be established along the northeastern edge of the property
connecting to Pioneer Drive for the planned future regional trail system.
CC. A trail shall be established along the southwestern edge of the property
connecting to the Adler PUD, or successors of this platted subdivision of
land, for the planned future regional trail system.
CD. The applicant shall remove all easements located off-site and outside of the
delineated property line, as the location is outside of their control.
CE. The applicant shall submit details of the proposed mailbox areas to the
appropriate postal district for review and approval. Any required changes
shall be indicated on the Final plat. Further, the applicant shall verify that
each facility meets the intent of the Americans with Disabilities Act(ADA)for
access.
CF. 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.
CG. 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 1-25
and east of County Road 7,for review and approval by the Board of County
Commissioners.
CH. The applicant shall address the following to the satisfaction of the Weld
County Department of Public Works. Evidence of such shall be submitted
to the Department of Planning Services:
1) The applicant is required to define the proximity of proposed lots to
both the Foster Lake and St. Vrain River floodplains. On the
drawings, it appears as though residential lots are proposed within
the St. Vrain River floodplain. As stated in the Drainage Report, a
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LOMR and CLOMR will be required through FEMA to address this
proposed situation. In the absence of a FEMA-approved CLOMR
that changes the location of the floodplain, the County's Flood
Hazard Development Permit (FHDP) will be required. Building
restrictions or prohibitions will apply to all residential lots in
floodplains. Written evidence of such shall be provided to the
Department of Planning Services.
2) The applicant shall discuss the disposition of both the Hay Seed and
Highland Ditches as they relate to stormwater flows and conveyance
through the Waterfront site; more detail is needed in the Change of
Zone report. Changes in use of historic ditch rights-of-way will
require written permission from the ditch companies. Written
evidence of such shall be provided to the Department of Planning
Services.
3) The off-site drainage basins that contribute flow to and across the
proposed Waterfront development are not depicted. These off-site
basins must be shown in the report. Offsite flows to the Waterfront
properties must be calculated under existing conditions; proposed
but un-constructed off-site drainage facilities do not currently exist,
therefore cannot be assumed to reduce or re-direct off-site flows.
Written evidence of approval from the Department of Public Works
shall be provided to the Department of Planning Services.
4) Free board and setbacks from Foster Lake,channels,swales, ponds
and possibly other conveyance features will be required to ensure
public safety and to comply with FEMA regulations in some cases.
Building envelopes may be required. Written evidence of the State
Engineer's Office and the Department of Public Works shall be
provided to the Department of Planning Services.
5) Given that the simulated dam break/overflow scenarios, including
determination of peak flow rates in the Clear Day Breach Channel
and Dam Safety Branch and the overflow design scenarios have not
been evaluated or accepted by the State engineer's Office (SEO),
it is premature to comment on appropriate setbacks, channel
crossings, and other design issues related to the channel. The
applicant is advised that the Weld County Public Works Department
may have additional concerns and requirements. These issues may
not arise until after the SEO and the Colorado Division of Water
Resources, Dam Safety Branch, comments on the proposed
channel, and related facilities have been reviewed by the
Department of Public Works. Written evidence of the results by the
SEO and the Department of Public Works shall be provided to the
Department of Planning Services.
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6) On Sheet 3 of the applicant's submittal it appears the backs of the
lots north of A Street and Outlot B are not detained and discharge
directly into Foster Lake. On Sheets 4, 7, 9, and 11 it appears that
the flow arrows for Outlot C, basin H1, Outlot H, show these areas
are not detained and flow directly into the St. Vrain River. All
stormwater must be detained on the site and follow the requirements
per Section 24-7-130.D of the Weld County Code and Code
Ordinance #2006-7. The applicant shall explain how all the flows
within these areas are detained and provide written acceptance of
these flows by the owners of Foster Lake. All stormwater detention
facilities shall be designed to detain the stormwater runoff from the
fully developed subdivision from a one-hundred-year storm and
release the detained water at a rate not to exceed the rate of a
five-year storm falling on the undeveloped site. Written evidence
that this issue has been addressed from the Department of Public
Works shall be provided to the Department of Planning Services.
7) On Sheet 5 of the applicant's drainage submittal the Commercial
area (10.0 acres) and Multifamily area (8.4 acres) flow arrows
indicate the flow going away from Detention Pond 1,and discharging
along County Road 7 and the County Road north of the school site.
All stormwater must be detained on the site and follow the
requirements, per Section 24-7-130.D of the Weld County Code and
Code Ordinance #2006-7. The applicant shall explain how these
flows will be detained. Written evidence from the Department of
Public Works that this issue has been addressed shall be provided
to the Department of Planning Services.
8) On Sheet 6 of the drainage submittal the sub-basin H3 'C' factor
does not match the drainage report 'C' factor values. Written
evidence from the Department of Public Works that the applicant
has corrected the values shall be provided to the Department of
Planning Services.
9) The applicant shall provide an accurate determination of historic
flows, impacts, detention sizing, and channel width decisions; it is
important to understand how the 'C' factors were derived for
sub-basin, particularly basin H3. Written evidence of such shall be
provided to the Department of Planning Services.
10) The anticipated roadway improvements to the surrounding roadway
network, as well as those directly related to the proposed Waterfront
at Foster Lake development, need to be clearly defined for the
Change of Zone. 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
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the Change of Zone plat. Written evidence of acceptance by the
Department of Public Works shall be submitted to the Department
of Planning Services.
5. Prior to recording the final plat:
A. The applicant shall submit written evidence to the Department of Planning
Services that all requirements of the St. Vrain Valley School District have
been completed.
B. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the Department of Public Works have
been addressed and resolved to the satisfaction of the Department.
C. The applicant shall submit written evidence to the Department of Planning
Services that all of the concerns of the State Engineers Office and the
Colorado Division of Water Resources, Dam Safety Branch, specific to the
dam,the proposed channel,and related facilities, have been addressed and
resolved to the satisfaction of the State Engineer's Office.
D. The applicant shall provide the Department of Planning Services with
Certificates from the Secretary of State showing the Homeowners'
Association has been formed and registered with the State.
E. The applicant shall submit evidence to the Department of Planning Services
that the Covenants have been approved by the County Attorney's Office.
F. The applicant shall present a unanimous petition of all landowners and
residents of the Waterfront at Foster Lake PUD registered to vote in the
State of Colorado, thus qualifying the Development for inclusion into the
Southwestern Weld County Law Enforcement Authority(SWCLEA). A LEA
is a taxing unit with a maximum mill levy of 7.0 mills created for the purpose
of providing additional law enforcement by the County Sheriff to the
residents of the developed or developing unincorporated Weld County. The
revenues would be available initially to provide directed patrols and
eventually to provide additional deputies to carry out those activities within
the LEA. This is intended to offset the demand for law enforcement
generated by increased population densities.
G. Finalized covenants and the appropriate recording fee (currently $6.00 for
the first page and$5.00 for all others)shall be submitted to the Weld County
Department of Planning Services for recording at the Weld County Clerk
and Recorder's office.
H. The applicant shall submit a mylar plat, ready for recording for the vacation
of County Road 28 right-of-way, to the Department of Planning Services.
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The applicant shall submit the appropriate On-Site and Off-Site
Improvements Agreements and post the appropriate collateral for each
Phase or Filing. Collateral shall be reviewed and approved by the Board of
County Commissioners.
J. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable).
K. The applicant shall submit evidence for inclusion into the Southwest Weld
County Law Enforcement Authority to the Department of Planning Services.
6. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. Prior to the commencement of construction activities, stormwater erosion
control and sediment control Best Management Practices shall be in place
in accordance with approved permits, plans, Weld County Code, and Urban
Drainage Standards. Silt fences shall be maintained on the down gradient
portion of the site during all phases of the site construction.
C. The applicant shall provide a letter on letterhead from the Mountain View
Fire Protection District stating that all requirements have been met for each
Filing and/or Phase of this development.
D. Stormwater Best Management Practices shall be in place in accordance with
the Weld County Code and Urban Drainage Standards. Silt fences shall be
maintained on the down gradient portion of the site during all phases of the
site construction.
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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
EL") OUNTY, COLORADO
ATTEST: ��b�l",,w,t��'//�// 401N7
+1161 isec + . Long, Chair
Wel. ounty Clerk to the Boar
/I LOA Rat1,�� � ,��,� � '.m . Jerk C o-Tem
De.0 y Clerk o the B d �
William F. Garcia
APPROED A O • EXCUSED
obert D. Masden
County Attorney
Douglas ademacher
Date of signature: I?I let I Di
2007-3255
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