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HomeMy WebLinkAbout20072956.tiff F.- • • RESUBMITTAL REFERRAL REQUEST 'A TODAY'S DATE: September 1, 2007 PROJECT NAME: 35 Acre LLC PROJECT FILE NO: 2007- 16 PROJECT TYPE: Annexation, Zoning, Concept Plan and Comprehensive Plan Amendment COMMENTS DUE BY: September 25, 2007 PLANNER: Todd Tucker EMAIL: ttucker@frederickco.gov Dear Referral Organization or Agency: Information on the proposal in the Town of Frederick referenced above is enclosed for your review and comments. ❑ We have no objections to this proposal ❑ Please note the following concerns this organization has with this proposal: ❑ See attached letter for comments regarding this proposal. Organization or Agency Name Your Name Signature Date Phone For additional information, please contact the Planner at 303-833-2388 PLEASE RETURN TO: Town of Frederick Planning Department P.O. Box 435 401 Locust Street Frederick, CO 80530 Ph: 303-833-2388 Fax: 303-833-3817 �LQL( G Pangz4) n 2007-2956 J} �q - /7_O7 1 ` ; , L, g)/ `-.(Y DRC: 35 acre DRC report#1 Response PROJECT PLANNER Todd Tucker, 303-833-2388 1. General comments a. Inclusion and exclusion for the various special districts require specific performances from the applicant and should occur concurrently with the annexation. Please submit documentation verifying the inclusion / exclusion into the appropriate districts as part of the next submittal (i.e. schedule of districts including status of the inclusion /exclusion and copies of all related documents). A table (Table 1) has been prepared which shows existing special district inclusion and status of future inclusion/exclusion 2. Annexation agreement: The annexation agreement should reference the four annexations in the title and exhibits. a. Please note that the HOA will be required to Maintain WCR 20.5 from the west end of the property to WCR 7. Please provide a discussion to this effect in the annexation agreement. This is noted and an additional section to the development agreement has been added b. Please note that the Town will not be providing potable water to this site. The site is in the jurisdiction of Left Hand Water District. Therefore, water service is subject to the requirements of the Left Hand Water District. Please amend the Annexation agreement accordingly. Left Hand Water District will provide potable water for the site c. Regarding section 6 page 6 as well of the annexation agreement please be advised that the Land Use Code requires that 20% of the property be dedicated as open space. In addition, the Town will require some road rights-of-way to be dedicated upon platting the development. While not all of the open space or road rights-of-way needs to be dedicated to the Town at this time, these provision should reflect that "(t)he applicant shall comply with dedication requirements in this Code at the time of platting, such requirements to be determined per Code requirements on the date of the applicant's application for subdivision pursuant to the Code." This is understood d. Since septic systems will be installed, and due to the proximity of the proposed development to water, it is likely that the septic systems will be required to be engineered. In addition, a septic system management plan will be required as part of the long term maintenance of this development. In order to ensure the environmentally sound use of individual septic systems, the HOA will be required to oversee the implementation of this management plan. Furthermore, all building sites in this development will be required to connect to a sewer main whenever such a sewer line is available within 400 feet of any existing or proposed structure within the development. This condition shall be binding regardless of whether an existing structure has a then working septic system and having a working septic system shall not exempt any residence, or property, or property owner in this development from this requirement. This requirement shall be noted on the subdivision plat. Page 1 of 13 DRC: 35 acre DRC report#1 Response The developer will work with Saint Vrain Sanitation District to determine the best mechanism to ensure that all properties in this development contribute sewer tap fees and any other applicable fees toward the construction of a sewer main that will serve this and other developments, and to ensure that future property owners in this subdivision are aware of any financial burden that this requirement may impose. This is understood. A preliminary ISDS analysis has been performed and is included in the response to Weld County health Department e. The recommendations of the Weld County Heath Department, in their letter dated June 4, 2007 shall be followed with regard to developing this subdivision with individual sewage disposal systems. This is understood. A preliminary ISDS analysis has been performed and is included in the response to Weld County health Department f. Please note that per section 13.9 of the Land Use Code The final annexation agreement document shall be signed by the applicant and made available to the Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation. This is understood g. Water Rights i. The Town shall have a first right of refusal on the sale of any water rights that the developer currently owns or may own in the future. This section shall apply to all types of water rights, including but not limited to raw water, tributary water, irrigation or ditch water, shares in any ditch company, Colorado Big Thompson water shares, or any other water project of the US Bureau of Reclamation or of the Northern Colorado Water Conservancy District. This has been changed h. Section 12, Parks and open space. i. The Town adopted its current comprehensive plan on April 20`h, 2006. Since the site is beyond the limits of the current plan, this should reference the plan as adopted in 2006 including any amendments, and in accordance with the provisions of the land use code and applicable policies. This has been changed ii. See also section 19 of the agreement and revise accordingly. i. Section 13. This should also indicate that the applicant shall include into the Frederick Fire Protection District and exclude from the Mountain View Fire Protection District in accordance with District policies and requirements. This has been added j. Vesting —section 17 i. Vesting occurs at final plat as noted in the annexation agreement and is described in section 5 of the Land Use Code. The text references section 4 of the code for vesting — please correct. You may request additional vesting at that time if you so choose. In addition, the concept plan is non- binding. There is nothing in this review that will construe approval of any future development. This has been changed 3. Annexation maps #1, #2, #3, and #4 a. Please show the existing town limits in the vicinity map(s). Page 2 of 13 DRC: 35 acre DRC report#1 Response This has been added b. Please verify that the description of all monuments, both found and set, which mark the boundary of the property and all monuments, are provided in the map. This has been added c. Please label the status of the neighboring properties, i.e. Unincorporated Weld, zoned Agricultural, etc. This has been added d. Section 3.10.12.i. requires mineral interests to be identified on the annexation map. Please adjust the map accordingly. This has been added e. Section 3.10.12.1. requires that the 100-year flood plain and other water courses be shown. Please adjust the map accordingly. This has been added f. Section 3.10.13 requires the surveyor to provide an annexation map land surveying check list be provided buy the surveyor. Please provide. This has been added g. FYI — Please provide a copy of the legal description for each annexation in MS word format. This shall be required prior to scheduling the substantial compliance hearing. This has been provided 4. Concept plan: Please note that there are three more steps to approval of any future development on this parcel, sketch plan, preliminary plan and final plat. a. Please add the following as a note to the Concept Plan "Development and Phasing is subject to review and approval in accordance with the provisions of the Land Use Code. Amendments to the plan may be required at any stage of the review process to ensure compliance with the provisions of the code. Only the recordation of an approved final plat will vest the proposed development." This has been added b. Please add a note that emergency turn-arounds and or access easements across adjacent parcels may be required due for emergency access, due to the length of roadway/ cul-de-sacs. This has been added c. Please label lots 24, 25 and 26 as outlots. Please not these lots as open space. This has been added d. Please add a note addressing how water quality will be addressed within this development including but not limited to efforts to mitigate non-point pollution from within the development, reduce algae growth, reduce evaporation, limit leaching of ground water and or septic into the proposed water bodies, etc. This has been added e. Please add utilities such as potential electric / cable line locations including easements. This has been added f. Please add building envelopes and show potential septic locations for each lot accounting for appropriate setbacks. Please show an access connection to WCR 20.5. This has been added g. Please indicate the anticipated method of addressing storm drainage and possible detention locations. This has been added Page 3 of 13 DRC: 35 acre DRC report#1 Response h. Please describe the purpose of the existing access easement located at the south east corner of the lot. There is to be one access easement. The previous easement was incorrect i. Please indicate how the existing access drive will be addressed. Note that it is preferred that the existing and proposed drives be combined. There is to be one access easement. The previous easement was incorrect 5. Zoning map a. Please provide a zoning map that matches the requirements detailed in section 3.2.2 of the Land Use Code. A zoning map has been provided b. Please add the legal description to the plan. The zoning map includes these items c. Please verify that the zone extends to the center line of the adjacent roadways, waterways etc (see section 3.10.3.b(5)(d) The zoning map includes these items d. Please add a note indicating all existing land uses adjacent to the area to be zoned. The zoning map includes these items e. Please annotate the width of the adjacent public rights-of-way. The zoning map includes these items f. Please respond to the criteria for a zoning map amendment. The zoning map includes these items 6. Comprehensive Plan Amendment. a. Please provide a response / analysis of the proposed comprehensive plan amendment; pursuant to each of the following criteria: i. The amendment improves the implementation of one or more of the goals, policies, and strategies of The Town of Frederick Comprehensive Plan, 2006. 1. Please list the applicable policies and provide an analysis of those policies. The Comprehensive Plan Amendment has been edited to include this criteria it The amendment will not pose a detrimental impact on existing or planned Town facilities, services or transportation facilities. The Comprehensive Plan Amendment has been edited to include this criteria iii. The amendment will not interfere with the existing or emerging land use patterns and densities/intensities of the surrounding neighborhoods as depicted on the Land Use Plan and contained within the Town of Frederick Comprehensive Plan, 2006. The Comprehensive Plan Amendment has been edited to include this criteria iv. The amendment will not interfere with, or prevent, the provision of any of the area's (neighborhood's) existing, planned, or previously committed services. The Comprehensive Plan Amendment has been edited to include this criteria Page 4 of 13 DRC: 35 acre DRC report#1 Response TOWN ATTORNEY Erin Clifford, 303-776-1169 The following are the legal comments regarding this submission: a. Zoning application: i. Please include a zoning map to the town's specifications A zoning map has been provided H. Please include the technical criteria for zoning A zoning map has been provided Hi. Please include a signed and completed fee agreement A signed fee agreement has been included iv. Please include a written statement describing the proposal and complying with the land use code This was provided in the first submittal v. Please include a certified list of mineral interest owners, oil and gas lessees and appropriate referral agencies and ditch companies. A certified list of mineral owners and lessees has been provided. There is no ditch on the property vi. On the zoning map please include a legal for the entire property and for the area to be zoned. Please remember that zoning is to the centerline of roadways, etc. The title commitment should reflect this legal. This might need to be a different title commitment than that for the annexations. If the title commitment is different from the area to be zoned because of the zone boundaries including streets and roadways, please include a signed statement from the surveyor that says that the area listed in the title commitment is wholly contained within the area shown on the map. The zoning map includes these criteria b. Annexation application: i. There are 4 annexations occurring. Please include a separate petition listing each annexation separately. In all other documents, please reference the annexations as 35 Acre LLC annexations 1-4. Each annexation must have its own legal description. Please have the title company do a legal in metes and bounds for each separate annexation. They can all be in the same commitment, just need separate legals for them. Four separate petitions have been provided ii. Please include a letter of intent to annex. A letter of intent to annex has been included iii. Annexation petitions should include a consent to including in city services and water conservancy, a waiver of election, and agreement to pay back taxes. The petitions have been edited to include this information iv. All annexation maps should show: a. Name, address, phone number of landowner, developer, and engineer, or surveyor preparing drawing. Page 5of13 DRC: 35 acre DRC report#1 Response Annexation maps have been edited to include this information b. Please show location (on all maps) of each ownership tract in unplatted land and boundaries and plat numbers of plots, lots, or blocks. Annexation maps have been edited to include this information c. Show names and location of all abutting subdivisions unplatted— depicted and labeled as such. Annexation maps have been edited to include this information d. Show ownership of all mineral rights designated on map. Annexation maps have been edited to include this information e. Please show Exception 9 from the Title Commitment on the appropriate annexation map. Annexation maps have been edited to include this information vi. Please submit a certified list of mineral interest owners and appropriate ditch owners. A certified mineral interest ownership list has been included vi. Please submit an annexation assessment report This was previously submitted with the original application vii. Please submit the rest of the appropriate letters of support Additional letters of support have been included viii. Annexation agreement, please submit draft of agreement to our office electronically. The base document should not be changed. Only the additional exhibits should show changes. You can contact me with any questions. The annexation agreement has been left un-edited. N attachment of edits has been included PROJECT ENGINEER Myles Throop, EIT, 303-833-2388 • While the Weld County Health Department has authority to make a final determination about individual sewage disposal systems (septic tanks), due to high groundwater it is unlikely that this development will be approved unless it is served by St. Vrain Sanitation District. A groundwater elevation analysis has been conducted and for areas where high water table may be encountered, additional fill will be placed. • The Town is in the planning stages of a raw water distribution system and has incentives for the use of non-potable water for irrigation of common area open spaces as well as irrigation of individual lots. Please consider designing this development with raw water used for irrigated residential lots and common area open space. The applicant has full intentions of working with the Town for utilization of the ponds for raw water storage • The annexation agreement will need to have provisions that clearly and specifically designate the developer or its assigns (the HOA) to have the responsibility of maintaining CR 20 1/2 from CR 7 west to the subject property. A maintenance agreement for the portion of WCR 201/2 from WCR 7 to 35 acre LLC has been included in the Annexation Agreement as Attachment B • Please consider provisions to be placed in the HOA governing documents, to prevent damage to the shoreline of the proposed ponds. This comment is well taken and will be strongly considered Page 6 of 13 DRC: 35 acre DRC report#1 Response • The proposed ponds are a beneficial aspect of this development from a lifestyle quality perspective as well as being a necessary component of a raw water irrigation system. Due to the high water table in the area these ponds may expose ground water. If that should occur an augmentation plan will need to be filed with the State Engineer. Additionally, are the 2 shares of Plumb and Dailey Ditch water direct flow rights only, or do these ditch shares also have storage rights? If no storage rights exist, a water change case may be required. Water rights are complicated and usually require the expertise of a water rights attorney. The Town may be able to work with you to eliminate some of these issues. The plan for the ponds will be to line them with a compacted clay liner and effectively disconnect them from the local groundwater. It is likely the Plumb and Dailey will continue be used for direct flow and the ponds for storage of other water rights owned by the town. If you would like to discuss the Town's raw water system plans and how we can work together with this development, please give me a call. • On Annexation Map No. 4 please remove the word "See" next to"See Detail A" (this is found next to Detail A). • The current concept plan shows 50' of right of way for the roads. Please plan on dedicating a 60' wide right of way (or an easement in the case of private ownership of roads) for all local roads. The roads are to by private roads, therefore the 50ft right of way has been left • The total length of the proposed cul-de-sac, which serves 23 lots, is approximately 3000 feet. Both of these conditions violate the maximum allowable length of a cul-de- sac without a secondary or emergency access. Please provide a second roadway connection, or an emergency access easement. Emergency access easements have been shown on the revised concept plan FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT Dave Puccetti, Fire Marshall The following comments must be addressed prior to approval by the District for this project. • All references to Tri-Area Ambulance need to be deleted from all documents. • At time of annexation the developer will need to submit inclusion / exclusion documents for the Frederick-Firestone Protection District for processing. The exclusion will need to be submitted to Mountain View Fire Protection District. • All developments within the 35 acre LLC area will need to be reviewed and approved by the Frederick-Firestone Fire Protection District. MOUNTAIN VIEW FIRE PROTECTION DISTRICT Steven Pischke, 303-772-0710 In an IGA with the Town of Frederick in 2005, the Mountain View Fire Protection District agreed to process and exclude those areas noted into the comprehensive plan in effect at that time At the present time we are servicing the area noted in this proposes annexation by the Town and its Fire Districts intent to continue to provide service to this area and any development occurring in this proposed annexed area will be subject to the Fire Code and any other regulations in effect at time of development. Page 7 of 13 DRC: 35 acre DRC report#1 Response ST. VRAIN SANITATION Megan Humbrecht, 303-776-9570 The land parcel is within the St. Vrain Sanitation District 208 service area but is currently 1.5 miles to the east of the proposed subdivision. SVSD is fine with the installation of individual septic systems as proposed, because sewer is not within 400 feet of the project. If sewer does become available and the septic system fails, they will be required to connect if the line is within 400 feet. LEFT HAND WATER DISTRICT CHRISTOPHER SMITH, 303-530-4200 The district would object to a community well, since the parcel is within the districts boundary. The site is within the districts boundary and could be receive water service subject to all requirements of service, adherence to all rules and regulations, regarding construction, execution of agreements and payment of fees. Capacity to serve is also on a first come first serve basis. Left Hand Water has been contacted and the applicant agrees to bring Left Hand Water Taps to the development ST. VRAIN SCHOOL DISTRICT Judy Rusk, 303-682-7229 Did not receive a referral packet UNITED POWER Al Trujillo, arujillo@unitedpower.com Ten foot front lot easements and eight foot rear lot easements required. A will serve letter has been received from United Power CARBON VALLEY RECREATION DISTRICT Renee Witty, 303-866-3660 No response COLORADO DEPARTMENT OF WATER CONSERVATION BOARD Thuy Patton, El, CFM, (303) 866-3441 �,���a e aq ' K6R ® � wt s1` eTOV� aa * f�-_ § - al ed? e A a' a o. .9 e .. a dal* o ® x ! e t� m „s tioJJ Sae - c <' i.27.sate. eS soaa a � d T ' c ® —e oodpla ~ x _ ^ �' _ zn * • a ,� �( f? worf - .0A o % 'J '®,lix"' .- -: . , ,. � _.opmet Fmitk(FDP' Thi-, q -t tai �a'tt ® a e Page 8 of 13 DRC: 35 acre DRC report#1 Response e ® ® s _._ d� a e rto - m e a e e ® �. � r � fry: -for the opportunitt b itth view If you y q ave anuestion feet free, . fl me at:303-860-4lea 3, :. x r WELD COUNTY PLANNING DEPARTMENT Jacqueline Hatch, 720-652-4219 The Weld County Department of Planning Services and has reviewed the request and have the following comments. The annexation includes two parcels Lot A and Lot B of Recorded Exemption RE-2408. Enclosed is a copy of the recorded plat. Transportation and Public Roads and Drainage Patterns The historical storm water drainage patterns and runoff amounts must be maintained if the aforementioned property is developed. The municipality should require the developer to perform a detailed engineering study that shows both the undeveloped and developed drainage patterns. The drainage study should trace the route of off-site discharge until it reaches a natural drainage course such as a creek of river. The developer should be required to mitigate any downstream impacts. The Weld County Department of Public Works requests the opportunity to review and comment on all such drainage studies. A preliminary drainage study has been conducted and is enclosed IGA The proposed annexation is located within the Intergovernmental Agreement Area recognized by Weld County and the City of Frederick. Environmental Concerns The Weld County Department of Health and Environment was unable to respond to this referral. The following comments are generic in nature and may not address unique or related issues regarding this referral request. Development of this site may result in dusty conditions and storm water runoff. The developer should obtain appropriate storm water discharge and emission permits from the Colorado Department of Public Health & Environment. This is understood and all appropriate permits will be acquired Each commercial development must comply with all applicable Weld County, Colorado Departments of Public Health & Environment, EPA and/or Oil & Gas regulations. Contact the appropriate agency for site specific requirements. This is understood Water Availability As required in Section 30-28-136(1)(h)(II), C.R.S., a municipality or quasi-municipality which is designated as the source of water for a proposed subdivision or other use, shall file a report with Page 9 of 13 DRC: 35 acre DRC report#1 Response the county and state engineer documenting the amount of water which can be supplied without causing injury to existing water rights. Such a report should include a summary of water rights owned or controlled by the District, the yield of these rights both in an average year and a dry year, the present demand on the system and the anticipated demand due to commitments for service entered into by the District, and the amount of uncommitted firm supply the District has available for future development. A copy of the Water Supply Information Summary may be obtained from the Colorado Division of Water Resources. The project will utilize Left Hand Water. The ponds will be sealed from groundwater Flood plain Adherence to FEMA standards are required when development occurs in the floodplain. The property is outside the 100 year floodplain Adjacent and Surrounding Properties The present zoning of adjacent and surrounding properties, in the County, are predominantly Agricultural, Residential, and Commercial. Owners of property in the area of this proposal should be made aware that agricultural uses, even when done in a manner consistent with good Agricultural practices, may generate, but are not limited to, noise, dust, flies, odors, aerial spraying and slow moving equipment on County roadways. New residents cannot expect all agricultural practices to stop for their convenience. It is important for future residents to note that adjacent properties may be in unincorporated Weld County and that Weld County supports the Right to Farm Statement (Appendix 22-E, Weld County Code) and recommends it be placed on all plats adjacent to unincorporated areas: WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based Page 10 of 13 DRC: 35 acre DRC report#1 Response on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. This is understood WELD COUNTY PUBLIC HEALTH Pam Smith, 970-304-6415 x 2211 The Department has reviewed your referral request for the 35 Acre LLC annexation. Very limited information was provided in this referral request and therefore comments will be very limited in scope. This proposed subdivision consists of 23 residential lots, served by community well and individual sewage disposal systems. The proposed development is currently outside the Town of Frederick city limits. All lots will have lakefront access. No preliminary percolation tests were conducted on the subject site to determine the suitability for septic systems. Concept Plan, page 1 indicates that Left Hand Water District has a water main in CR 20 ''A. The Department does not recommend that this development should be approved at this time. This recommendation is based upon the overall density being less than 2.5 acres and the lack of evidence of an adequate water supply (discussed below). 1. The minimum proposed lot size (1.0 acre) meets Department policy, however, coupled with the overall density of one septic system per 1.5 acres, it does not meet current Department policy of 1 septic system per 2.5 acres. The proposal has been changed to 24, 1-acre lots over 61 total acres, with Left Hand Water supply. This meets the criteria of 1 acre lots and greater than 2.5 acre overall density 2. All lots have lakefront access. Accounting for the sizes, the required 100 foot setback for septic systems to the lake high-water line and the unknown percolation rates in the development there is not enough information to determine if the lots sizes are adequate. Additionally, oil and gas, utility, and other easements, etc. may further limit the functional building and septic system area on some lots. Test hole boring logs have been provided for the entire site as well as groundwater elevations from May of this year. Additionally, two percolation tests were conducted which show infiltration rates of 1"/15min and 1"/20 minutes. In general, based on the test hole information there is adequate soil and the Page 11 of 13 DRC: 35 acre DRC report#1 Response groundwater is sufficiently low enough to support an absorption field. For areas where soil thickness is inadequate, the developer will grade the site to add soil. Septic absorption envelopes have been shown on the revised concept plan based on a 6 bedroom household and criteria from Table 30-B (Chapter 30 of the Weld County Code). It is understood that each ISDS will need to be carefully engineered based on site specific information. 3. The Department is aware that the well water system will be deemed a public water system as defined in the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). The applicant did not supply any evidence regarding the creation of this public water system for the distribution and management of the water supply. The water supply should be evaluated for quality and its longevity. The project has been changed to utilize Left Hand Potable water supply Therefore, the Department is recommends that this development not be approved. We would encourage the Town to request the following information to allow for further consideration of the development: • The applicant should submit a plan review to the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment for the proposed water distribution system. The applicant should submit any response to any review with the further applications. For information regarding the plan review process, contact the Colorado Department of Public Health and Environment, Water Quality Control Division, Drinking Water Section at (303) 692-3500. No longer applicable • An evaluation of the aquifer to supply an appropriate quality and quantity of water. Well systems in Weld County must demonstrate that they are adequate for a 300-year supply. No longer applicable • Appropriate geologic information, including percolation tests, to evaluate the typical size of septic systems that may be required. Test Hole Logs, preliminary percolation tests and groundwater iformation has been enclosed • A proposed plat map delineating building envelopes, two septic envelopes, easements, setbacks, etc. Preliminary absorption field septic envelopes have been added to the concept plan The Department would like to remind you that according to 25-10-112 (1) and (2) CRS, septic permits are required to be issued before building permits and final approval of the system is required to be granted prior to the issuance of any occupancy permit. The permitting authority for individual sewage disposal systems is the local health Department, in this case, Weld County. Thank you for the opportunity to respond to this referral. If you should have any questions, please contact me at 970-304-6415, extension 2211. CITY OF LONGMONT Froda Greenberg, 303-651-8326 The City provided extensive comments which are attached. Please respond to the attached letter, in particular, please respond to the following paragraphs: Page 12 of 13 DRC: 35 acre DRC report#1 Response • Clustered Development The concept for the development is for large estate lot style development. Clustered development will not allow for ISDS nor is it in keeping with the surrounding land use. The property does not have Boulder Creek Frontage and there is generally poor riparian habitat east of Lot B.. East of Lot A, there is already a 300-400 ft buffer from the Creek provided by the Parker estate property The applicant will consider designing building envelopes to maximize the buffer between buildings and the City of Longmont open space and the Boulder Creek corridor. • Water rights The property currently has Plumb and Dailey Water rights. This water will likely be used as direct flow for irrigation of the property. The ponds will likely store raw water for the town of Frederick for use in their irrigation raw water master plan. • Water and sewer The project has been changed to now utilize Left Hand Water supply. A preliminary ISDS analysis has been conducted and it is understood that although careful site specific engineering will be required to meet the Weld County health Departments review criteria, this site is suitable for ISDS. • Boulder Creek Trail. The property does not contain Boulder Creek frontage. The applicant will work with the town and or county regarding integrating access to the future Boulder Creek Trail. Page 13 of 13 TABLE 1. Special Districts Status — 35 Acre LLC DISTRICT IS THE PROPERTY STATUS OF CURRENTLY INCLUSION INCLUDED IN THIS /EXCLUSION DISTRCIT? St. Vrain Sanitation Yes District Left Hand Water Yes Northern Colorado Water Yes Conservancy District St. Vrain Valley School Yes District RE1J Carbon Valley Recreation Yes District Frederick-Firestone Fire No Forms are filled out and Protection District are to be filed in September 07 Mountain Valley Fire Yes Forms are filled out and Protection District are to be filed in September 07 YOUNG LAW FIRM, L.L.C. August I. 2007 It�tt P. File 5 Acre. L.L.C. P.O. Box '.}t;1 Broomfield. Colorado 80038 Via Facsimile: (30..) 4(14-(1778; Original to Follow Via U.S. Mail Re.: Certified List of Mineral Interest Owners,Oil & Gas Lessees Lot A and Lot 11, Recorded Exemption #1313.17-1-RF2408 Section 17: N E/4; Township 2 North, Range 68 Wet, Weld County, Colorado Dear \'1r. File: I have researched the public records of Weld County,Colorado in order to determine the ownership of the oil,gas and other minerals under the above described lands in Weld County, Colorado per your request. Based on my review, I certify the current mineral,oil and gas owners, and oil and gas lessees of the above property as f0lluws: Lot A,Recorded Exemption #1313-17-1-RE2408: Owner,. Jessie I.croti Thomas and l)tv le homas 1 763 VCR 20 I ongm►►nt.Colorado 80504 owner.(:fil and(ias_intc st: Jessie Leroy Thomas and Doyle CL Thomas I?(3 N,v(:'RR 20 !'s l.ongnK nt.t'calortdo 80504 (see Notes 1 & 2.below) Notes: I. 13y Quit Claim Deed dated December 19, 2005, recorded on JEmuary 19, 2006 at Reception Number 3355948,Jessie Leroy Thomas and Trudy K. Thomas quitclaimed all of the oil and gas minerals in and under. . . the subject tract... -The name of the grantee was omitted from the Quitclaim Dee L.despite the tact that the grantee address was identified in the document as P.O. Box 983, l3roomtield. Colorado 80018 which is presently the address for 35 Acre, I.:.l_.C. The Quit Claim deed is invalid, however,as the grantee is not named. Therefore. 380 I Aaf-7,4! r Sum 3001 DF v :K;[i n OKADo l 80210 1 ,i rtmor:t (30.3►)9')1.57581, Fgc-st inn. :(303)991-5759 this particular interest wes not conveyed to 35 Acre. L.L.G. at that time. Once a corrected Quit Claim Deed is executed and recorded. 35 Acre. G.L.C. will then become the record owner of the Oil and Gres mineral interests. Owner Minerals.(:)lhcr than Oil and Ca4_' Jessie Leroy Thomas and Dole G. Thone.rs 1763 WCR 20 Vi Longmont.Colorado 8t)5tt4 *Subject In Option to Purchase d.itecl I)ecember 19, 2tt;i5 i see Note 2 below) 2. The interests of-Jessie Leroy 1 hotnas and Doyle G. -Thomas(minerals other than Oil and Gas) are subject to an Option to Purchase dated December 19,2005. A Memorandum of Agreement. from Jessie Leroy Thomas and Trudy K. Thomas to 35 Acre, L_L_C_, dih..'a Water Valley- Partners reflects the Option to Purchase and was recorded on January 13. 201)t at Reception Number 3355954. In the event the Option to purchase is exercised 35 Acre. L.L.C. d hla Water Valley Partners will become owner of the property and mineral interests other than oil and gas.. Le (Oil and(lust:." Kerr-McGee Oil & Gus Onshore.L.F. 1999 Broadway, Suite 3700 Denver,Colorado 80202 *The validity and enforceability of the.Oil and Gas Lease dated November 23, 19970, Township 2 North, Range(i8 West, Section 16 NW/4 and Section 17 13/2NE/4;SWNE save and except a .0097 acre tract. Weld County. Colorado is currently disputed. Lot 13, Recorded Exemption 41313-17-1-RE2408: Qwner`9wt er_Oil. ts_and () h4r lincrals: 35 Acre. L..L.C. P.U. Box 983 13rootnfietd,Colorado 80038 l..essees.( 3i1and Ctas):*. �" Kerr-McGee Oil & Cats Onshore. 1990 Broadway, Suite 3700 Denser, Colorado 80207 "The validity and enforceability of the Oil and Gas Lease dated November 23, 1970, Township 2 North, Rnnge 68 West,,.Section 16 NWI4 and Section 17 ErINF,/4; SWNE.. save and except a .0097 acre tract_ Weld County,Colorado is currently disputed. Statement of Qualifications James E. Yount, is a licensed attorney, licensed to practice law in the State of Colorado. 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