HomeMy WebLinkAbout20073257.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Linda Sweetman-King c/o TerraVisions Case Number PZ-1126
Change of Zone: Waterfront at Foster Lakes PUD
•
Submitted or Prepared
Prior to At
Hearing Hearing
N 1 Staff Comments X
Department of Planning Services Field Check Form-Ogle X
Planning Commissioner Field Check Form-Spitzer
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
\ 2 Application X
Maps
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
4 Referrals without comment
City of Dacono, referral received July 27, 2007 X
• '4 5 Referrals with comments
St. Vrain Sanitation, referral received July 5,2007 and July 27, 2007 X
Longs Peak Water District, referral received July 13, 2007 X
Weld County Code Compliance, referral received July 26, 2007 X
Town of Mead, referral received August 16, 2007 X
Mountain View Fire Protection District, referral received August 17,2007 X
Weld County Department Building Inspection, referral received August 17,2007 X
Weld County School District RE-1J, referral received August 20, 2007 X
City of Longmont, referral received August 22, 2007 X
Colorado State Parks, referral received August 27,2007 X
Weld County Sheriffs Office, referral received August 27, 2007 X
Boulder Valley!Longmont Soil Conservation District, referral received August 28, X
2007
Highland Ditch Company, referral received August 29,2007 X
Outlet#3 Ditch Company, referral received August 29, 2007 X
Sanborn Reservoir referral received August 29, 2007 X y EXHIBIT
• \ Weld County Department of Public Health& Environment, referral received X
S
September 5,2007
Colorado Division of Wildlife, referral received September 5,2007 X 411Z44,
2007-3257
• Weld County Department of Public Works, referrals received September 11, X
2007
Town of Frederick, e-mail referral received September 12, 2007 X
Facsimile Referral:Town of Firestone,dated October 10, 2007 X
N 6 PC EXHIBITS
Correspondence from Kevin Lyles,President, Friends of St.Vrain State Park dated X
October 8, 2007,received October 9, 2007
& Correspondence from Kevin Lyles,dated October 8, 2007, received October 10, 2007 X
Amendments to Administrative Recommendation,Waterfront at Foster Lakes PUD,Case X
No. PZ-1126, Prepared by Tetra-Tech, Inc.for HF Holdings LLC,Applicant, do Linda
Sweetman-King,dated October 12, 2007, received at Planning Commission Hearing
N Memorandum addressing Amendments to Administrative Recommendation,Waterfront at X
L• d Foster Lakes PUD,Case No. PZ-1126,dated October 16,2007
"' Mineral Owner Certification and evidence of mailing for PC Hearing,dated October 15, X
G.Q- 2007 received October 16,2007
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I hereby certify that the 7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners
hearing.
•
Kim Ogle lanner
2007-3257
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COLORADO
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
CASE NUMBER: PZ-1126 HEARING DATE: October 16, 2006
PLANNER: Kim Ogle
APPLICANT: HF Holdings, LLC
ADDRESS: Go Darwin Horan
Attn: Linda Sweetman-King
4 Inverness Drive East, Suite 300
Englewood, CO 80112
REQUEST: Change of Zone from (A) Agriculture to PUD (Planned Unit Development) with R-1
(Low-density Residential), R-2 (Duplex Residential), R-3 (Medium-density
Residential), R-4 (High-density Residential), C-1 (Neighborhood Commercial), C-2
• (General Commercial) 215 acres of Open Space and continuing Oil and Gas
Production uses. [1804 units/ 10 acres Commercial]. (Waterfront at Foster Lake
PUD)
LEGAL S2 Section 27; N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of
DESCRIPTION: the NE4 Section 3, all in T3N, R68W and part of the NE4 of Section 3, T2N, R68W of
the 6th P.M., Weld County, Colorado.
LOCATION: Approximately 1/4 Mile South of State Highway 66; East of and adjacent to County
Road 7
ACRES: 587 acres, more or less
PARCEL No's: 1313-03-000048, 1207-34-100033 and 1207-27-300015
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County
Code as follows
The Department of Planning Services' staff has received responses from the following agencies:
❑ St. Vrain Sanitation, referral received July 5, 2007 and July 27, 2007
• Longs Peak Water District, referral received July 13, 2007
n Weld County Code Compliance, referral received July 26, 2007
u City of Dacono, referral received July 27, 2007
• fl Anadarko- Kerr McGee, Memorandum of Surface Agreement recorded August 1, 2007
fi Town of Mead, referral received August 16, 2007
• Mountain View Fire Protection District, referral received August 17, 2007
EXHIBIT
I
Weld County Department Building Inspection, referral received August 17, 2007
•
u Weld County School District RE-1J, referral received August 20, 2007
Li City of Longmont, referral received August 22, 2007
Colorado State Parks, referral received August 27, 2007
i Weld County Sheriffs Office, referral received August 27, 2007
❑ Boulder Valley/Longmont Soil Conservation District, referral received August 28, 2007
❑ Highland Ditch Company, referral received August 29, 2007
I Outlet#3 Ditch Company, referral received August 29, 2007
❑ Sanborn Reservoir referral received August 29, 2007
I Weld County Department of Public Health & Environment, referral received September 5, 2007
❑ Colorado Division of Wildlife, referral received September 5, 2007
❑ Weld County Department of Public Works, referrals received September 11, 2007
,. Town of Frederick, email referral received September 12, 2007
Town of Firestone referral received October 10, 2007
The Department of Planning Services' staff has not received responses from the following agencies:
u Weld County Department of Building Inspection, Addressing
❑ Colorado Department of Transportation
US Army, Corps of Engineers
n State of Colorado, Division of Water Resources
n Colorado Oil &Gas Conservation Commission
• Weld County Planning Services, Landscape
Weld County Ambulance Services
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•
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COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: PZ-1126 HEARING DATE: October 16, 2006
PLANNER: Kim Ogle
APPLICANT: HF Holdings, LLC
ADDRESS: do Darwin Horan
Attn: Linda Sweetman-King
4 Inverness Drive East, Suite 300
Englewood, CO 80112
REQUEST: Change of Zone from (A) Agriculture to PUD (Planned Unit Development) with R-1
(Low-density Residential), R-2 (Duplex Residential), R-3 (Medium-density
Residential), R-4 (High-density Residential), C-1 (Neighborhood Commercial), C-2
(General Commercial) 215 acres of Open Space and continuing Oil and Gas
• Production uses in the Mixed Use Development Overlay District. [1804 units/ 10
acres Commercial]. (Waterfront at Foster Lake PUD)
LEGAL S2 Section 27; N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of
DESCRIPTION: the NE4 Section 3, all in T3N, R68W and part of the NE4 of Section 3, T2N, R68W of
the 6th P.M., Weld County, Colorado.
LOCATION: Approximately 1/4 Mile South of State Highway 66; East of and adjacent to County
Road 7
ACRES: 587 acres, more or less
PARCEL No's: 1313-03-000048, 1207-34-100033 and 1207-27-300015
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed
• Use Development) of the Weld County Code. The proposed site is not influenced by an Inter-
Governmental Agreement. The proposal is consistent with the aforementioned documents as
follows:
•
1. Section 22-2-110.6 (UGB. Goal 2) — states, "Concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain
urban growth boundary areas that provide an official designation between future urban
and non-urban uses." The proposed PUD is located within the Mixed Use Development
(MUD) area, and within the three mile Municipal referral area with the Towns of Mead,
Frederick, Firestone and the Cities of Longmont and Dacono.
Section 22-2-110.D (UGB.Goal 4.) states, "Whenever possible, open space within urban
development should be connected to existing open space." The open space area on the
south portion of the property is adjacent to St. Vrain State Park. Open space is connected
internally and is also interconnected with developments to the North and future
developments to the West via greenway corridors and an internal trail network.
Section 22-2-230.A(MUD Goal 1)—states, "To plan and to manage growth and to provide
for ease of inclusion in the I-25 Mixed Use Development area and urban development
nodes so as to balance relevant fiscal, environmental, aesthetic and economic
components of the area." The proposal assures that new development will occur in such a
manner as to maintain the physical and ecological environment. Further, all applicable
standards and regulations, unless otherwise modified herein, of Chapters 22, 23, 26, and
27 of the Weld County Code shall be integrated in the design of the Final Plan.
Section 22-2-240.A. (l-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).
Conditions of Approval require an amendment to the Amended 1-25 MUD Structural Land
Use Map 2.1, dated January 2007 prior to recording the Change of Zone Plat.
Section 22-2-230.F (MUD.Goal 6) states, "The extraction of minerals and oil and gas
resources should conserve the land and minimize the impact to Planned Unit
Developments". As proposed, the future oil and gas operations are limited to
approximately eleven locations within the open space and development. A recorded
Memorandum of Surface Agreement between Kerr-McGee Oil and Gas Onshore, LP and
Waterfront at Foster Lake, LLC dated June 13, 2007 exists for future drilling operations
located in Section 27 + 34, Township 3 North, Range 68 West of the 61h P.M., Weld
County. Conditions of Approval require a signed Final Surface Use Agreement prior to
submitting the Final Plat application.
Section 22-2-230.C (MUD.Goal 3) states, "Provide efficient and cost-effective delivery of
adequate public facilities and services which assure the health safety and general welfare
of the present and future residents of the County and the area." The application has
signed agreements in place with St. Vrain Sanitation District and the Longs Peak Water
District. The Subdivision Service Agreement between the water district and the applicant
was approved by the Longs Peak Water District on July, 12, 2007. The Subdivision
Service Agreement between the sanitary district and the applicant was approved by the
St. Vrain Sanitation District on June 14, 2007. Both Draft service agreements were
reviewed by the County Attorney's Office which indicated that the agreements submitted
by the applicant are adequate.
Section 22-2-260.D (l-25.MUD.T.Goal 2) states, "Promote a pedestrian trail system to
service transportation and recreation purposes within the 1-25 Mixed Use Development
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area." Conditions of Approval ensure that a pedestrian connection will be created to the
Kiteley Ranch at Foster Lake development to the North prior to recording the Change of
Zone plat. The applicant is also required to establish a trail connection along Foster
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Reservoir as shown on Amended MUD Structural Land Use Map 2.1, dated January 2007.
Further, the applicant shall provide a trail connection to Adler PUD (Weld County Case
No. PZ-1071) and Newby Farms PUD (Weld County Case No. PK-1138), subdivision
developments adjacent to the West. (Department of Planning Services)
Section 22-3-140.A. T.Goal 1. states "Provide a unified and coordinated countywide street
and highway system which moves people and goods in a safe, economical, and efficient
manner." Conditions of Approval ensure that the applicant shall address the issues
outlined by the Town of Mead and the Weld County Department of Public Works in their
referrals dated August 16, 2007 and September 11, 2007 respectively.
Section 22-2-260.E (I-25.MUD.T.Goal 3) states, "New development within the Mixed Use
Development area shall provide a mechanism for balancing relevant fiscal and economic
components of transportation systems." The applicant is in the process of updating the
Traffic Impact Study (TIS) by Eugene Coppola, P.E., submitted in August 2006,
incorporating the review comments offered by Felsburg, Holt and Ullevig (FHU) in
November 2006. This should be completed prior to recording the Change of Zone.
Further, the applicant has received the updated version of the Mead-Longmont-Weld
County Sub-Area Report prepared by FHU dated July 2007 and is utilizing the
recommendations from that report as guidance for roadway planning and design in the
study area, which includes the Waterfront at Foster Lake project.
The anticipated roadway improvements to the surrounding roadway network, as well as
those directly related to the proposed Waterfront at Foster Lake development need to be
clearly defined for the Change of Zone. It was recommended in the FHU comments that
the developer provide a table defining when each improvement will be required with each
• phase of construction. The financial contribution of Waterfront at Foster Lake to those
improvements also needs to be determined prior to recording the Change of Zone plats.
The applicant was approved for the Consolidated Service Plan on August 29, 2007 for the
maintenance obligations of improvements within the PUD.
B. Section 27-6-120.B.6.b - The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of
the Weld County Code.
Section 27-2-20, Access standards
County Road 7, adjacent to the development is within the Town of Mead. Conditions of
Approval require a letter from the Town indicating that an access permit onto County Road 7,
County Road 28 and County Road 26.5 has been obtained prior to recording the Change of
Zone plat. If that letter cannot be supplied the applicant is required to outline, in detail, all
efforts that have been made to acquire Mead's approval.
Section 27-2-40. Bulk requirements
The applicant has proposed a deviation from the bulk requirements and allowed uses as set out
in the Weld County Code as follows:
The minimum setback from a road right-of-way shall be 20 feet.
The minimum backyard setback shall be 20 feet from the property line.
The minimum side yard offset shall be 5 feet from the property line.
Encumbrances requested to be allowed in the side yard setback area include the following:
Eaves, bay and box windows, room projections and cantilevers, foundation counterforts, brick
ledges, air conditioning units and concrete sidewalks and stoops may encroach up to two and
• one-half feet within these side setbacks, measured from the foundation wall.
• Encumbrances requested in the rear and front yard setback area include the following: Front-
yard sidewalks, front porch steps, back-yard patios, decks and back yard air conditioning units
shall be allowed within the setback. Covered porches may extend into the rear setbacks a
minimum of ten feet from the property line.
By Code, the minimum total width of easements adjacent to rear and side yard lot lines is
twenty (20) feet, equally proportioned on abutting properties, and fifteen feet in front yards for
the utility easement.
Staff is not in support of any physical elements encroaching into the side-yard offset, although
Staff would support a five(5)foot offset from the property line for all zone districts.
Staff is also not in support of any physical elements encroaching into the front or rear yard
setback, which by Code is twenty(20)feet.
The minimum lot size shall be 6,050 square feet. Staff supports this variance as it is larger than
the 6,000 square foot lot allowed in the R-1 zone district by the Weld County Code.
The current Agricultural uses, associated accessory structures and the habitable single family
dwelling units may continue on the properties until construction commences within the filing in
which the uses are located.
Staff is in support of this request, so long as a nuisance or derelict condition does not exist.
The commercial component seeks to provide a range of activities and professional services
including stores and shops, furnishing services, and merchandise to the general public,
restaurants including drive-in restaurants; theaters, convention halls an other such facilities and
• structures, private or public, with seating capacities not over (1,000) persons; establishments
for the sale and care of household pets; professional offices; establishments for the repair and
restoration of small electrical equipment and appliances such as radios, television sets,
business office machines and household appliances; private and commercial recreational
facilities; hospitals, nursing homes, retirement centers, and mental or physical rehabilitation
centers; community pool and support facilities; one microwave, commercial, radio, television or
other communication transmission or relay tower seventy feet or less in height.
Staff is in general support, however, staff is not in support of the following commercial
components as the level of service provided exceeds the intensity of uses identified as
theatres, convention halls, and other such facilities and structures, private or public with seating
capacities not over 1000 persons, and hospitals, nursing homes, retirement centers and mental
or physical rehabilitation centers. Staff is in support of a private clinic for the dispensing of
medicine and medical office facility. All uses located within the Commercial Zone will be
subject to a Site Plan Review as outlined in the Weld County Code.
The applicant has requested a multi-family(R-2, R-3 and R-4) component in three areas within
the development entitled to 12-14 du/ac to 14-16 du/ac.
Staff is in support of a variety of housing types in the form of patio homes, rowhouses, duplex,
triplex, fourplex units, (apartments, condominiums, and townhomes); however staff is not in
support of multiple-floor high-density multi-family dwellings as proposed given issue of
compatibility of the proposed residential structures internal to this development and the
adjacent property uses. Further, staff is not in support of the proposed forty-five (45) foot
building height limitation as proposed by the applicant. It is staffs position that all residential
structures be limited to thirty-five (35)feet in height.
• Section 23-3-160.L.1.f of the Weld County Code requires a three-hundred-fifty-foot setback
from any oil and gas production facility within a residential zone district. The applicant is
requesting a 150 foot setback from wellheads, tank batteries, separators, meter houses and
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emission control devices for existing and new facilities on the property, for residential and
commercial areas and 350 feet from any structures classified as assemblage occupancies.
Planning staff does not support this request.
The applicant does not have a finalized agreement with the property's mineral owners, however
the applicant and Kerr-McGee Oil and Gas Onshore, LP have a Memorandum of Surface
Agreement that was executed and recorded on June 13, 2007. Conditions of Approval require
the submittal of a signed agreement prior to acceptance of the Final Plat application.
The Entryway signage consists of two (2) monument signs for each primary access entrance
and a single monument sign at the recreational center and on County Road 26.5 south of the
high school. Conditions of Approval require the applicant to identify if signage can meet
required setbacks and applicable sign code.
Section 27-2-50, Circulation
Section 22-2-220 and Section 26-2-30 of the Weld County Code require an interconnected
network of local streets. The Weld County Department of Public Works has requested a
connection to the Mead Crossing development to the north, west of 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.
Conditions of approval require the applicant to show a connection between both of these
developments prior to recording the Change of Zone plat. The applicant is also required to
dimension all rights-of-way prior recording the Change of Zone plat.
• Section 27-2-60, Common open space
As proposed, the site does meet the open space requirements of Chapter 27 and Chapter 26
(MUD). The proposed development has 215 acres of open space or thirty-six percent of the
development in native grasses, manicured turf areas with a diverse plant material palette for
coniferous and deciduous plantings. Additionally, a clump and gap formed berm traverses the
property west of the Interstate 25 transportation corridor. The landscape design for the site
includes enhancement of riparian areas within the river corridor and around the existing ponds.
Four park areas provide the development with a structured or programmed neighborhood feel
that is accessed by the adjacent roadway pedestrian path and an internal trail system that
winds through the development connecting the parks and children's playgrounds and adjacent
developments to the North and allows for connections to the West.
Recreational uses in the parks and open spaces include active uses lakeside activities, walking
trails, a community center with a neighborhood pool, changing facility and a community/meeting
room and passive uses, trails adjacent to the river corridor, upslope areas around the ponds,
and areas having native plantings.
Given the numerous ditches and physical encumbrances associated with the conveyance of
water, the Departments of Planning Services and Public Works request that all easements be
placed on the plats, specifically easements for the Highland Ditch Company, the Number 3
outlet ditch, the Sanborn Reservoir Ditch Company, and their associated easement for access,
operation, maintenance, repair and replacement. Prior to submitting the Final plat application,
the applicant is required to provide an agreement between the Highland Ditch Company, the
Number 3 Outlet Ditch, the Sanborn Reservoir Ditch Company. The applicant is also required to
provide an agreement with the owner of the property north of the site for the relocation of the
• irrigation ditch serving the property prior to submitting the Final Plat application.
Section 27-2-74, Conservation area
An important unifying component of the development is the natural open space and native
areas which will be enhanced and the natural systems protected. Large greenways connecting
to the St. Vrain River and Foster Lake will serve not only as storm water drainage-ways for the
control and detention of stormwater, but have also been designed as natural wildlife corridors
for wildlife movement. Approximately 20 acres adjacaent to the St. Vrain River are within the
100-year floodplain and contains riparian vegetation. The area is programmed to remain
natural open space, with the potential for passive recreational opportunities — picnicking, bird
watching, et cetera. This area, once remnant concrete and associated debris is removed will
remain as a natural area and will connect to the upslope development through the drainage
channels which exist from Foster Lake south to the river.
As has been stated, Waterfront at Foster Lake PUD is adjacent to Foster [Lake] Reservoir and
is impacted by non-jurisdictional wetlands, flood plains and high water tables. The Weld County
Department of Public Works cited several major concerns that require addressing, including.
off-site drainage, FEMA floodplain, erosion issues, the Foster Lake dam and the numerous
irrigation ditches located on site.
On July 19, 2007 Public Works received a Drainage Report prepared by Tetra Tech, dated July
2007, stamped and signed by Cameron Fowlkes, P. E. #39318. Generally, the report
addresses the issues, although additional information or clarification is required from Tetra
Tech.
Issues specific to Foster Lake dam. The applicant submitted a HEC-1 analysis of the Foster
Lake dam break/overflow scenarios. Titled: Hydrologic and Hydraulic Analysis Proposed
Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID
050135, dated June 2007, stamped by Richard Joseph Tocher, P.E. 19305, Public Works
• received the report July 19, 2007. For completeness, all model calculations and print outs from
this report should be provided to Weld County with the Final Plat application drainage report
submittal. The acceptance of this report shall be through the Colorado Division of Water
Resources — Dam Safety Branch. Public Works requires a letter from the Colorado Division of
Water Resources—Dam Safety Branch indicating their final acceptance of the report.
Although jurisdiction over the Foster Lake dam lies with the State Engineer's Office and the
Colorado Division of Water Resources, Dam Safety Branch, Weld County requests additional
information as the results of the dam break analysis has implications for public safety in the
proposed Waterfront PUD. The information shall be submitted, reviewed and conditionally
approved prior to submitting the Final Plat application.
C. Section 27-6-120.B.6.c - That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning, and
with the future development as projected by Chapter 22 of the Weld County Code or master
plans of affected municipalities. The proposed PUD is located within the Mixed Use
Development (MUD) area, and within the three mile Municipal referral area with the Towns of
Mead, Firestone and Frederick and the Cities of Longmont and Dacono. The Town of Mead, in
their referral dated August 16, 2007 is opposed to this development being approved as an
unincorporated project and requests that this proposal be redirected (annexed) to the Town to
insure safe coordinated community development. The Town of Firestone, in a verbal referral
over the course of a meeting with staff requested consideration of a larger setback between the
river and the residential component adjacent to the river corridor. The Town further requested
that should an additional setback not be feasible that the applicant consider limiting the height
of the residential structures adjacent to this area. The Town of Frederick, in an email received
September 12, 2007 stated that the Waterfront Lake PUD is outside of [their] planning
boundary, therefore they had no comments regarding the project at this time. The City of
• Longmont in their referral dated August 22, 2007, had several comments, specific to urban
development, floodplain, trail corridors from Liberty Gulch and Union Reservoir into the State
park. The City of Dacono indicated no conflicts with the proposal.4111 D. Section 27-6-120.B.6.d - That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article II
the Weld County Code. The Weld County Department of Public Health and Environment
indicated that the application has satisfied Chapter 27 of the Weld County Code in regard to
water and sewer service. The application states that water will be provided by Longs Peak
Water District. A draft water service agreement has been included with the application. A non-
potable water system is planned for the parks and open space areas as well as the residential
and commercial lots. Sewer service will be provided by St. Vrain Sanitation District. A draft
service agreement has been included with the application.
The Board of County Commissioners at public hearing on August 29, 2007 approved the
Consolidated Service Plan for Waterfront at Foster Lake Metropolitan Districts Nos. 1, 2, and 3.
The public improvements that are to be financed, acquired, installed and constructed by the
District to serve the Waterfront at Foster Lake Development are as follows: Street System and
Traffic Safety, Storm Water Drainage, Sanitary Sewer System, Potable and Irrigation Water
System, Reservoir and Ditch, Parks and Open Space.
The Weld County Health Department has reviewed this proposal for 1804 residential units, 10
acres of planned commercial/retail zoning, a community center, a public pavilion for community
events, and various other active and passive recreational uses (2 tot lots, fishing, non-
motorized boating, lakeside activities, trails, etc.). The trail system plans to connect to the St.
Vrain Middle and High School site (off property) and Kiteley Farms at Foster Lake PUD. The
two pocket parks with tot lots will have enclosed portable toilets; the public pavilion and
community center will be connected to St. Vrain Sanitation District. The picnic area (located
within the 100 year flood plain boundary) is within walking distance to the park/tot lot in the
southern portion of the development. If the community center's pool will be open to the public
• (memberships, swim meets for the high school and/or middle school, etc), the facility will be
subject to the Colorado Department of Public Health and Environment Swimming Pool and
Mineral Baths(Swimming Pool) regulations. The commercial/retail uses in the development will
be subject to the Site Plan Review process once they are identified. The Department will
conduct additional reviews of those uses at the time of development.
There are existing homes with septic systems located on the property (3203, 3826 and 3854
County Road 28). None of these septic systems are documented. The Department
understands that the system at 3854 will be abandoned. There is another, very old house on
the southern portion of the property that will also be abandoned (address unknown). These
septic systems must be property abandoned in accordance with Section 30-7-70. The homes
at 3203 and 3826 County Road 28 are currently occupied and will remain so until that phase of
the development begins (approximately Phase 2); the septic systems must be evaluated for
adequacy for the time period that they will be occupied. A fourth home with septic system is
located on the property (3042 County Road 28). This system has been documented under a
Statement of Existing SE-0100120; no further action is needed at this time provided the system
is functioning properly. This home is also currently occupied and will remain so until
approximately Phase 2 of the development, when the septic system will be abandoned for St.
Vrain sewer. These septic systems will also be required to be abandoned in accordance with
current regulations in effect at that time.
E. Section 27-6-120.B.6.e - That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. As previously indicated, the
applicant is in the process of updating the Traffic Impact Study(TIS) by Eugene Coppola, P.E.,
submitted in August 2006, incorporating the review comments offered by Felsburg, Holt and
Ullevig (FHU) in November 2006.
•
The applicant has received the updated version of the Mead-Longmont-Weld County Sub-Area
•
Report prepared by FHU dated July 2007 and is utilizing the recommendations from that report
as guidance for roadway planning and design in the study area which includes the Waterfront
at Foster Lake project.
The traffic impacts of the proposed Waterfront PUD and the new High School must be
addressed in the TIS for the Final Plat submittal. The County has concerns for public safety due
to the current configuration of the intersection of County Road 7 with County Road 26. This
intersection curve must be corrected prior to the opening of the new High School in 2009.
Although not formally submitted, Waterfront's engineer has evaluated possible intersection
upgrades that include a new alignment with super-elevation to address the curve, and raising
the roadway with fill and box culverts to allow passage of Liberty Gulch peak flows. An
alternative design, wherein there is no intersection of these two roads, has also been
discussed. In this option, the southern end of County Road 7 is terminated with a cul-de-sac,
and the eastern end of County Road 26 is terminated with a cul-de-sac. This second alternative
appears to be the safest, most economical approach and should be presented to the property
owner immediately to the west of County Road 7 and incorporated into the development.
F. Section 27-6-120.B.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code
as amended and a road improvements agreement is complete and has been submitted, if
applicable. The anticipated roadway improvements to the surrounding roadway network, as
well as those directly related to the proposed Waterfront at Foster Lake development, need to
be clearly defined for the Change of Zone. It was recommended in the FHU comments that the
developer provide a table defining when each improvement will be required with each phase of
construction with the Final Plat application and Final Plat Phasing documents.
• The long term maintenance of the roads surrounding the new High School (County Road 26.5)
needs to be addressed between the Town of Mead and Weld County through an adopted IGA.
G. Section 27-6-120.B.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. Tetra Tech submitted a preliminary
Geotechnical Due Diligence Study for the Waterfront at Foster Lake Subdivision it was stamped
by Patrick S. Carlin, P.E. 33289, dated April 26, 2006 and received by Public Works July 19,
2007. The geotechnical study shows all areas tested within the site having low resistivity
(ohms/cm) soils; these soils are highly corrosive to metal and special consideration shall be
give to metal pipes and concrete reinforcement. Per analysis, ground water was observed 12
to 13 days after boring in 17 of the 18 bore holes. Special consideration must be taken to
ensure foundations and footers are not adversely affected by these ground water findings.
A Geology memorandum from Gary Linden was submitted dated August 25, 2006 to Weld
County Planning Department. It indicated the gravel and sand source rate is poor for this site.
No lots or development are planned in the low lying area adjacent to the Saint Vrain River.
A portion of the site is in close proximity of both the Foster Lake and St. Vrain River floodplains.
As stated in the applicant's drainage report, a Letter of Map Revision (LOMR) and Conditional
Letter of Map Revision (CLOMR)will be required through the Federal Emergency Management
Agency (FEMA) to address this proposed situation. In the absence of a FEMA-approved
CLOMR that changes the location of the floodplain, the County's Flood Hazard Development
permit (FHDP) will be required. Building restrictions or prohibitions will apply to all residential
lots in floodplains. The applicant is also required to address the disposition of both the Hay
Seed and Highland ditches as they relate to stormwater flows and conveyance through the
• Waterfront site.
• The applicant is also required to address off-site drainage, on-site drainage, free board and set-
backs from Foster Lake, channels, swales, ponds and possibly other conveyance features will
be required. The simulated dam break/overflow scenarios, including determination of peak flow
rates in the Clear Day Breach Channel and Dam Safety Branch and State Engineer's Office
acceptance of the overflow design scenarios, it is premature to comment on appropriate
setbacks, channel crossings, and other design issues related to the channel. The applicant is
advised Weld County Public Works may have additional concerns and requirements but that
these may not arise until review of the State Engineer's Office and the Colorado Division of
Water Resources, Dam Safety Branch comments on the proposed channel and related
facilities. All storm water must be detained on site and follow the requirements per Weld
County Code 24-7-130 D and Ordinance 2006-7.
H. Section 27-6-120.B.6.h - Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide. The submitted Specific Development Guide does
accurately reflect the performance standards and allowed uses described in the proposed zone
district, as described previously.
This conceptual Change of Zone application is for recommended for approval based upon compliance
with Chapter 27 requirements. The applicant had requested an Administrative review at Final Plat,
however, the Department of Planning Services is not in favor of this request given the numerous
outstanding issues to be addressed and resolved prior to proceeding forward to the Final Plat application.
The Change of Zone from A(Agricultural)to PUD is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall address the following to the satisfaction of the Weld County Department of
• Public Works. Evidence of such shall be submitted to the Department of Planning Services:
1. The applicant is required to define the proximity of proposed lots to both the Foster Lake
and St. Vrain River floodplains. On the drawings, it appears as though residential lots are
proposed within the St. Vrain River floodplain. As stated in the applicant's drainage
report, a LOMR and CLOMR will be required through FEMA to address this proposed
situation. In the absence of a FEMA-approved CLOMR that changes the location of the
floodplain, the County's Flood Hazard Development permit (FHDP) will be required.
Building restrictions or prohibitions will apply to all residential lots in floodplains. Written
evidence of such shall be provided to the Department of Planning Services.
2. The applicant is shall discuss the disposition of both the Hay Seed and Highland ditches
as they relate to stormwater flows and conveyance through the Waterfront site; more
detail is needed in the Change of Zone report. Changes in use of historic ditch rights-of-
way will require written permission from the ditch companies. Written evidence of such
shall be provided to the Department of Planning Services.
3. The offsite drainage basins that contribute flow to and across the proposed Waterfront
development are not depicted. These offsite basins must be shown in the report. Offsite
flows to the Waterfront properties must be calculated under existing conditions; proposed
but un-constructed offsite drainage facilities do not currently exist, therefore cannot be
assumed to reduce or re-direct offsite flows. Written evidence of approval from the
Department of Public Works shall be provided to the Department of Planning Services.
4. Free board and set-backs from Foster Lake, channels, swales, ponds and possibly other
conveyance features will be required to ensure public safety and to comply with FEMA
• regulations in some cases. Building envelopes may be required. Written evidence of the
State Engineer's Office (SEO) and the Department of Public Works shall be provided to
the Department of Planning Services.
• 5. Given that the simulated dam break/overflow scenarios, including determination of peak
flow rates in the Clear Day Breach Channel and Dam Safety Branch and the overflow
design scenarios have not been evaluated or accepted by the State engineer's Office
(SEO), it is premature to comment on appropriate setbacks, channel crossings, and other
design issues related to the channel. The applicant is advised that the Weld County
Public Works Department may have additional concerns and requirements. These
issues may not arise until after the State Engineer's Office and the Colorado Division of
Water Resources, Dam Safety Branch comments on the proposed channel and related
facilities have been reviewed by the Department of Public Works. Written evidence of the
results by the State Engineer's Office(SEO)and the Department of Public Works shall be
provided to the Department of Planning Services.
6. On Sheet 3 of the applicant's submittal; it appears that the backs of the lots North of A
Street and Outlot B are not detained and discharge directly into Foster Lake. On Sheet 4,
7, 9, and 11; it appears that Outlot C, basin H1, Outlot H, the flow arrows show these
areas are not detained and flow directly into the St. Vrain River. All storm water must be
detained on site and follow the requirements per Weld County Code 24-7-130 D and
Ordinance 2006-7. Please explain how all these flows within these areas are detained.
Please provide written acceptance of these flows by the owners of Foster Lake. All storm
water detention facilities shall be designed to detain the storm water runoff from the fully
developed subdivision from a one-hundred-year storm and release the detained water at
a rate not to exceed the rate of a five-year storm falling on the undeveloped site. (Weld
County Code and Ordinances 2001-1; 2003-10, and 2006-7). Written evidence that this
issue has been addressed from the Department of Public Works shall be provided to the
Department of Planning Services.
• 7. On Sheet 5 of the applicant's drainage submittal; the Commercial area (10.0 ac) and
Multifamily area (8.4 ac)flow arrows indicate the flow going away from Detention Pond 1,
and discharging along County Road 7 and the County Road north of the School site. All
storm water must be detained on site and follow the requirements per Weld County Code
24-7-130 D and Ordinance 2006-7. Please explain how these flows will be detained.
Written evidence from the Department of Public Works that this issue has been
addressed shall be provided to the Department of Planning Services.
8. On Sheet 6 of the applicant's drainage submittal; the sub-basin H3 'C' factor does not
match the drainage report 'C' factor values, please correct. Written evidence from the
Department of Public Works shall be provided to the Department of Planning Services.
9. An accurate determination of historic flows impacts detention sizing and channel width
decisions, it is important to understand how the 'C' factors were derived for sub-basin,
particularly basin H3. Written evidence of such shall be provided to the Department of
Planning Services.
10. The anticipated roadway improvements to the surrounding roadway network, as well as
those directly related to the proposed Waterfront at Foster Lake development need to be
clearly defined for the Change of Zone. Therefore, as was recommended in the FHU
comments, the developer shall provide a table defining when each improvement will be
required with each phase of construction. Further, the financial contribution of Waterfront
at Foster Lake to those improvements also needs to be determined prior to recording the
Change of Zone plats. Written evidence of acceptance by the Department of Public
Works to be submitted to the Department of planning Services.
• B. The applicant shall provide a letter from the Town of Mead indicating their concerns have been
addressed, specific to proposed location and rights-of-way width for all internal and external
roads. Written evidence of such shall be provided to the Department of Planning Services
• C. The applicant shall attempt to address the following to the satisfaction of the Colorado State
Parks as stipulated in their referral dated August 27, 2007. Written evidence of such shall be
provided to the Department of Planning Services.
1. The off-site flows from storm water or non-point source contaminants that are not
properly contained within the development will flow downhill into the St. Vrain River.
Sediment loading of the St. Vrain River is a particular concern. Written evidence of such
shall be provided to the Department of Planning Services. (Colorado State Parks)
D. The applicant shall address the requirements (concerns) of Weld County Sheriff's Office, as
stated in the referral response dated August 24, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
E. The applicant shall address the requirements (concerns) of the St. Vrain Valley School District,
as stated in the referral response dated August 15, 2007. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (St. Vrain Valley School
District)
F. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil
Conservation District, as stated in the referral response dated August 13, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall address the following to the satisfaction of the State of Colorado Division of
Wildlife, as stated in the referral response dated August 23, 2007. Evidence of such shall be
• submitted in writing to the Weld County Department of Planning Services. (State of Colorado
Division of Wildlife)
1. The Outlet #3 Ditch is located on the property. A 100-foot buffer from the ditch is
recommended to minimize impacts to wildlife and minimize conflicts that may occur.
(State of Colorado Division of Wildlife)
H. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection
District, as stated in the referral response dated August 17, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
I. The applicant shall address the requirements (concerns) of the Bernard Lyons Gaddis & Kahn,
as stated in the referral responses dated August 23, 2007, specific to the Highland Ditch
Company, the Highland No. 3 Reservoir (a/k/a Foster Lake, the No. 3 Outlet Ditch Company
and the Sanborn Reservoir Ditch Company and associated ditches, laterals, easements and
rights-of-way as applicable. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
J. The applicant shall provide the Department of Planning Services with a sign plan that conforms
with Chapters 23, 26 and 27 of the Weld County Code. (Department of Planning Services)
K. The applicant shall attempt to address the requirements (concerns) of the City of Longmont, as
stated in the referral response dated August 22, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
• L. The applicant shall provide written evidence from the Colorado Department of Transportation of
their acceptance of the water holding ponds located west of and parallel to the rights-of-way for
Interstate 25 heading north to south to the Department of Planning Services. (Department of
•
Planning Services)
M. The applicant shall provide written evidence from the Utility Service provider of their acceptance
of the easements located west of and parallel to the rights-of-way for Interstate 25 heading
north to south to the Department of Planning Services. (Department of Planning Services)
N. All septic systems located on the property shall have appropriate permits from the Weld County
Department of Public Health & Environment. The Environmental Health Division of the Weld
County Department of Public Health & Environment was unable to locate a septic permit for the
existing structures at 3203 and 3826 County Road 28. Any existing septic system(s) which is
not currently permitted through the Weld County Department of Public Health & Environment
will require an Individual Sewage Disposal system ( I.S.D.S.) Evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S. regulations. (Department of
Public Health and Environment)
Q. The applicant shall provide the Departments of Public Works and Planning Services with a
request to vacate a portion of County Road 28 west of Interstate 25 and east of County Road 7
for review and approval by the Board of County Commissioners. (Department of Planning
Services)
P. The applicant shall submit evidence for inclusion into the Southwest Weld County Law
Enforcement Authority to the Department of Planning Services. (Department of Planning
Services)
Q. The applicant shall submit an application to amend the 1-25 MUD Structural Land Use Map 2.1,
• dated January 2007 to address the proposed residential component east of Foster Lake within
an area identified as having Limiting Site Factors. (Department of Planning Services)
R. The plat shall be amended to include the following:
1. All Sheets of the plat(s)shall be labeled PZ-1126. (Department of Planning Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone
plat per Section 23-2-690 of the Weld County Code. (Department of Planning Services)
3. County Road 28 has been re-classified by the County utilizing the updated version of the
Mead-Longmont-Weld County Sub-Area Report prepared by FHU dated July 2007.
Utilizing the recommendations from that report as guidance for roadway planning and
design in the study area which includes the Waterfront at Foster Lake project, the
applicant shall verify the existing right-of-way and the documents creating the right-of-
way shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it
will be dedicated. This road is maintained by Weld County. (Department of Planning
Services)
4. County Road 26.5 has been annexed by the Town of Mead. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way shall be noted on
the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated. This
road is maintained by the Town of Mead. (Department of Planning Services)
5. County Road 7 has been annexed by the Town of Mead. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way shall be noted on the
Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated. This road
is maintained by the Town of Mead. (Department of Planning Services)
6. The plat shall delineate the 400' x 400' and the 800' x 800' Oil and Gas Drill Envelope
• locations per state statute. (Department of Planning Services)
7. All rights-of-way and easements shall be dimensioned and referenced by Book and
Page, Book or Page and reception number(s) on the Change of Zone plat. (Department
of Planning Services)
8. 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be delineated on the plat. (Department of Planning Services)
9. The applicant shall verify the future right-of-way for the widening of Interstate 25 west
side and provide reception number for the right-of-way. (Department of Planning
Services)
S. The Change of Zone is conditional upon the following and that each shall be placed on the
Change of Zone plat as notes prior to recording:
1. The site specific development plan is for a Change of Zone from (A) Agriculture to PUD
(Planned Unit Development) with R-1 (Low-density Residential), R-2 (Duplex
Residential), R-3 (Medium-density Residential), R-4 (High-density Residential), C-1
(Neighborhood Commercial), C-2 (General Commercial) 215 acres of Open Space and
continuing Oil and Gas Production uses in the Mixed Use Development Overlay District.
[1804 units/ 10 acres Commercial]. (Waterfront at Foster Lake PUD)except as indicated
herein. The PUD will be subject to and governed by the Conditions of Approval stated
herein and all applicable Weld County Regulations. (Department of Planning Services)
2. The Open Space Lots are non-buildable for residential structures or structures providing
habitable space. (Department of Planning Services)
3. Water service shall be obtained from Longs Peak Water District. (Department of Public
Health and Environment)
4. Sewer service shall be obtained from the St. Vrain Sanitation District. (Department of
Public Health and Environment)
5. Permanent restroom and hand washing facilities shall be provided within easy access of
the public gathering areas. (Department of Public Health and Environment)
6. Any abandoned septic system must comply with the Weld County Code Section 30-7-70.
The applicant should contact the Department to update existing septic permits for those
systems that have been abandoned. (Department of Public Health and Environment)
7. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
8. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request
of the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
• 9. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
10. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
11. A Homeowner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. (Department of Planning
Services)
12. A Metropolitan District has been established. The District is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities and other
facilities. Open space restrictions are permanent. (Department of Planning Services)
13. The Southwestern Weld County Law Enforcement District shall be established prior to
the sale of any lot. (Department of Planning Services)
14. Intersection sight distance triangles at the development entrance will be required. All
landscaping within the triangles must be less then 3 1/2 feet in height a maturity.
(Department of Public Works)
15. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
16. No grading permits will be issued for this project without submission and Weld County
• approval of erosion control and sediment control plans prepared, stamped and signed by
a professional engineer licensed to practice in Colorado. The applicant is notified that
land disturbance on one portion of this site may require construction of temporary or
permanent erosion control and sediment control best management practices on other
portions of the site. (Department of Public Works)
17. A separate building permit shall be obtained prior to the construction of any building.
(Department of Building Inspection)
18. A plan review is required for each building for which a building permit is required.
Commercial building plans shall bear a wet stamp of a Colorado registered architect or
engineer. Commercial building plans require a Code Analysis Sheet, which is provided
by the Weld County Building Department. Residential building plans may be required to
bear the wet stamp of a Colorado registered architect or engineer. (Department of
Building Inspection)
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2006 International Building
Code; 2006 International Residential Code; 2006 International Mechanical Code; 2006
International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
20. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
• 21. Building height shall be measured in accordance with the applicable Building Code for
the purpose of determining the maximum building size and height for various uses and
• types of construction and to determine compliance with the Bulk Requirements from
Chapter 27 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset
and setback requirements. Off-set and setback requirements are measured to the
farthest projection from the building. (Department of Building Inspection)
22. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Department of
Building Inspection)
23. Provide a letter of approval from Mountain View Fire Protection District prior to
construction. (Department of Building Inspection)
24. The minimum residential lot size shall be 6,050 square feet. (Department of Planning
Services)
25. The minimum setback from the future road right-of-way for all commercial properties is
twenty-five (25)feet. (Department of Planning Services)
26. For residential properties, the minimum front and rear yard setback from property line or
future road right-of-way is twenty(20)feet without encroachment from overhead or at the
finished grade plane elevation in all zone districts. (Department of Planning Services)
27. The minimum side yard offset shall be five (5) feet from the property line without
encroachment from overhead or at the finished grade plane elevation in all zone districts.
(Department of Planning Services)
• 28. The maximum height of any residential and accessory structure located in areas adjacent
to the St. Vrain River Corridor open space component is limited to a maximum height of
eighteen (18) feet to the ridge line as measured from the highest point of the existing
finished grade. (Department of Planning Services)
29. Residential structures having a walkout basement below the first floor of the residence
located in areas adjacent to the St. Vrain River Corridor are limited to a maximum height
of eleven (11) feet measured from the lowest point of the existing finished grade to the
finished surface of the floor above the basement. (Department of Planning Services)
30. The commercial component is limited to include: stores and shops, furnishing services,
and merchandise to the general public, restaurants including drive-in restaurants;
establishments for the sale and care of household pets; professional offices;
establishments for the repair and restoration of small electrical equipment and appliances
such as radios, television sets, business office machines and household appliances;
private and commercial recreational facilities; private clinics for the dispensing of medical
advice or prescriptions; community pool and support facilities; one microwave,
commercial, radio, television or other communication transmission or relay tower seventy
feet or less in height.
31. In the Commercial Zone District, the maximum square footage is limited to 100,000
square feet in area.
32. Maximum height limitation in all districts is thirty-five (35) feet except on residential
parcels adjacent to the St. Vrain River Corridor open space component
• 33. Storage of vehicles or recreational vehicles shall only be allowed inside garages.
(Department of Planning Services)
• 34. The minimum setback from an oil and gas production facility shall be three-hundred-fifty-
feet. (Department of Planning Services)
35. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
36. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
37. Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
38. Effective August 1, 2005, Building Permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2002-11) (Department of Planning
Services)
39. Oil and gas structures shall be fenced to avoid tampering. (Sheriff's Office)
40. The current hunting & fishing lease in place for the property will expire May 2008. No
hunting or fishing will be allowed after that time. (Department of Planning Services)
• 41. Except where noted on this plat, signs shall adhere to Section 23-4-80 and Section 23-4-
110 of the Weld County Code. These requirements shall apply to all temporary and
permanent signs. (Department of Planning Services)
42. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
43. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
44. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning
Services, State and Federal Agencies and adopted Weld County Code and Policies.
(Department of Planning Services)
45. No development activity shall commence on the property, nor shall any building permits
be issued on the property until the Final Plat has been approved and recorded.
(Department of Planning Services)
46. Personnel from Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Development Standards stated herein and all applicable Weld County
regulations. (Department of Planning Services)
• 47. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure
to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within three (3) years of the date of the approval of the PUD Zone District, the
• Board of County Commissioners shall require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and that
the applicant possesses the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission of the PUD Final
Plan application and shall annually require the applicant to demonstrate that the PUD has
not been abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County Commissioners
may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District. (Department of Planning Services)
48. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of
the Weld County Code. (Department of Planning Services)
49. The parcels encumbered by oil and gas production uses and setbacks from adjacent oil
and gas production facilities are designated non-buildable for structures having habitable
space. (Department of Planning Services)
50. Future oil and gas production uses as identified in the Master Surface Use Agreement, or
similar recorded document signed by representatives of HF Holdings/ Waterfront at
Foster Lake, LLC or their successors and Kerr-McGee Oil and Gas Onshore, LP shall be
afforded drilling of wells as a use by right in all zone districts. Appropriate setbacks,
offsets and building permits will be required.
2. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within sixty (60) days of approval by the Board of County Commissioners. With the
Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the
• Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each
additional 3 month period. (Department of Planning Services)
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, a/k/a Foster Lake, dam
and spillway and the relocation or alternation of several interconnections, including the outlet
works of the reservoir. (Bernard Lyons Gaddis& Kahn, PC, c/o M. Detsky, Esq., Attorney)
B. The applicant shall submit written evidence of an agreement with the No. 3 Outlet Ditch
Company, specific to the relocation and piping of the No. 3 Outlet Ditch, the redesign of the
Highland No. 3 Reservoir, a/k/a Foster Lake, outlet works that directly feed the ditch, the
interconnection with the outlet from the Sanborn Reservoir, and at a minimum two headgates.
Further, crossing of the No.3 Ditch easement for roads, trails and recreational rights shall
also be addressed in this agreement or a rider to this agreement. (Bernard Lyons Gaddis &
Kahn, PC, do M. Detsky, Esq., Attorney)
C. The applicant shall submit written evidence of an agreement with the Sanborn Reservoir
• Ditch Company, specific to the piping and relocation of the outlet ditch from the Sanborn
Reservoir and its interconnection with the No.3 Outlet Ditch. (Bernard Lyons Caddis 8, Kahn,
PC, do M. Detsky, Esq., Attorney)
• D. The applicant shall submit written evidence from the Mountain View Fire Protection District
stipulating that there is adequate fire flow for all residential areas within this development.
Further, the evidence shall include the fire flow analysis documents with a written sign-off
from the Fire Marshall for the Mountain View Fire Protection District. (Mountain View Fire
Protection District)
E. The applicant shall submit written evidence of an accepted erosion control plan from the
Longmont Conservation District specific to buffer areas adjacent to rivers, lakes and ditches
to protect against erosion. (Longmont Conservation District)
F. The applicant shall submit written evidence from the Colorado Division of Wildlife [CDOW]
specific to buffer areas adjacent to rivers, lakes and ditches regarding protection from
impacts to wildlife, existing and proposed vegetation, and disturbance including issues of
noxious weeds. (CDOW)
G. The applicant shall submit a Finalized Agreement with signatures from all affected parties
including at a minimum, Kerr-McGee Oil and Gas Onshore, LP and Waterfront at Foster
Lake, LLC for drilling operations within Sections 27 & 34, Township 3 North, Range 68 West
of the 6th P.M.,Weld County Colorado. (Department of Planning Services)
H. The applicant shall submit written evidence addressing the storm water or non-point source
contaminates that may not be adequately contained within the development that may flow
downhill into the St. Vrain River, per the referral from the Colorado State Parks. (Department
of Planning Services)
I. The applicant shall submit a finalized agreement with signatures from all affected parties
• including at a minimum, Waterfront at Foster Lake, LLC or their assignees and the St. Vrain
Valley School District stipulating that the Agreement to Mitigate the Impact on Schools has
been reached. (Department of Planning Services)
J. The applicant shall submit a Final Phasing Plan for all Filings and Phases of this
development. (Department of Planning Services)
K. The road layout, including the road name nomenclature, for review by all referral agencies
and for preliminary addressing of the subdivisions lots by Filing or Phase. (Department of
Planning Services)
L. The applicant shall submit to the Department of Planning Services a copy of the Restrictive
Covenants, the Law Enforcement Authority and Home Owners Association Incorporation
paperwork for St. Vrain Lakes PUD for review by the Weld County Attorney's Office. Any
changes requested by the Weld County Attorney's Office shall be incorporated. (Department
of Planning Services)
M. The applicant shall submit a deed for recording with the Final Plat to the Department of
Planning Services that the open space and mineral rights are deeded to the Metropolitan
District. (Department of Planning Services)
N. The applicant shall provide an Open Space / Landscape Plan per Section 24-3-50.G of the
Weld County Code for review and approval. (Department of Planning Services)
O. The applicant shall provide additional information pertaining to the plant materials, including
common, botanical and species names, size at installation and any additional information
deemed necessary. (Department of Planning Services)
•
P. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during
• construction. The plan shall include information regarding plant type, installation methods
and maintenance. (Department of Planning Services)
Q. The applicant shall demonstrate how the proposed plant material will be watered. Further,
the applicant shall provide evidence that the tap from Long's Peak Water District is permitted
to provide irrigation water to the landscaped areas. (Department of Planning Services)
R. The applicant shall submit a time frame for site construction, roads, parks and open space in
accordance with Section 27-2-200 of the Weld County Code. (Department of Planning
Services)
S. The Weld County Building Technician will provide addresses at the time of Final Plat. The
subdivision street name and lot addresses shall be submitted to the Mountain View Fire
Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post Office
for review. Written evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
T. The applicant shall dedicate the required right-of-way for the new alignment as approved by
the Department of Public Works for County Road 28 west of Interstate 25 and east of County
Road 7 for review and approval by the Board of County Commissioners. (Department of
Planning Services)
U. The applicant shall submit an application for the vacation of County Road 28 right-of-way to
the Department of Planning Services with the submittal of the Final Plat application materials
V. The applicant submitted a HEC-1 analysis of the Foster Lake dam break/overflow scenarios.
Titled: Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland
• No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135, dated June 2007, stamped
by Richard Joseph Tocher, P.E. 19305, Public Works received the report July 19, 2007. For
completeness, all model calculations and print outs from this report should be provided to
Weld County with the Final Plat drainage report submittal. The acceptance of this report shall
be through the Colorado Division of Water Resources — Dam Safety Branch. Public Works
requires a letter from the Colorado Division of Water Resources — Dam Safety Branch
indicating their final acceptance of the report at a date uncertain. (Department of Public
Works)
W. Although jurisdiction over the Foster Lake dam lies with the State Engineer's Office and the
Colorado Division of Water Resources, Dam Safety Branch, Weld County requests additional
information as the implications of the dam break analysis has implications for public safety in
the proposed Waterfront PUD. Please discuss residential setbacks from the breach point of
Foster Lake and from the spillway channel though the subdivision. Typically, dam break
analyses include a 500-year simulation, however the June 2007 Hydrologic and Hydraulic
Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at
Foster Lake SEODAMID 050135, did not include analysis of the 500-yr rain event. Please
provide simulation of the 500-yr dam break event and show the calculations and discuss how
the numbers were derived. (Department of Public Works)
X. A recent County inspection of the Foster Lake dam and spillway revealed deteriorated
concrete. Please provide results of geotechnical investigations that address the structural
integrity of these facilities. Please also provide evidence that this information was conveyed
to the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety
Branch. County concerns include the ability of the concrete wall around portions of Foster
Lake to support lake-full hydraulic pressure. Please also discuss the erosional stability and
• lake management practices of the dam, wall, spillway, and lake shore areas during lake-full
periods when wave action or boating will potentially cause additional erosion and damage to
the wall and spillway structures. (Department of Public Works)
• Y. Since the State Engineer's Office and the Colorado Division of Water Resources, Dam Safety
Branch have not yet provided review of the simulated dam break/overflow scenarios,
adequate width, depth, flow rates and capacity, and erosional stability of the Waterfront-
proposed overflow channel (Clear Day Breach Channel) cannot be assessed at this time. To
ensure public safety, Weld County will defer comment on the design parameters of this
channel until receiving written approval of the adequacy of the designs presented in the June
2007 Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No.
3 Reservoir Waterfront at Foster Lake SEODAMID 050135 report from the State Engineer's
Office and the Colorado Division of Water Resources, Dam Safety Branch. (Department of
Public Works)
Z. Page 2 of the applicant's submittal; the third sentence in the third paragraph states that
"Geology includes alluvial sands and gravel by the St Vrain River in the southern portion of
the site ...". This statement does not match the bore hole data presented in the Wassenaar
Geotechnical Report dated April 26, 2006, and does not agree with the Tetra Tech
memorandum conclusions. The Tetra Tech RMC memorandum dated August 25, 2006,
indicates that, "Review of Colton and Fitch (1974) indicates the low lying area adjacent to
Saint Vrain River in the southeast corner of the site is a potential source of sand and gravel.
However, exploratory drilling (Wassenaar, 2006) did not encounter sand and gravel in this
area. In addition, soils mapping by the U.S.D.A. (2006) concludes that the site soils are a
poor source of gravel." As foundation requirements and control of ground water may be
impacted by the subsurface conditions, please reconcile these differences. (Department of
Public Works)
M. Page 3 of the applicant's submittal; include figures RA-2 and RA-6 of the Urban Drainage
Criteria Manual. Please identify the boundary of the Waterfront subdivision on these maps.
• (Department of Public Works)
AB. Page 4 and 5 of the applicant's submittal; please discuss in detail how the Foster Lake dam
breach path and spillway will safely convey flows through the subdivision. When accepted by
the Colorado Division of Water Resources, Dam Safety Branch, please provide an executive
summary of the Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the
Highland No. 3 Reservoir Waterfront at Foster Lake SEO DAMID 050135. (Department of
Public Works)
AC. Several of the proposed detention ponds discharge into the Clear Day Breach Channel;
please clarify whether these extra flows in the channel been accounted for in the Dam Breach
Analysis. (Department of Public Works)
AD. Only one of the basins D1 through D5 pond discussions describe any freeboard, please show
and discuss the freeboard of all the detention ponds. (Department of Public Works)
AE. Detention Pond 4 and 5 apparently are proposed to release directly into the Saint Vrain River,
please discuss in detail how these outfalls will be protected during the 100-year flood flows.
(Department of Public Works)
AF. Explain in more detail the Neighboring Flows, flow rate going into Foster Lake, and any flows
coming from the High School onto the Waterfront site. Please include flow rate and safe
conveyance of these flows through the site in this discussion. (Department of Public Works)
AG. Page 6 of the applicant's submittal; please provide more detail on the proposed underdrain
system to contend with the high water table identified within this site as described by the
Wassenaar Geotechnical Report dated April 26, 2006. Indicate where this system will
• discharge captured ground water. (Department of Public Works)
AH. For the Final Plat, please explain in detail how the High School site detains, releases, and
•
routes stormwater safely through and around the Waterfront site. Also describe any
undetained areas within the school site and how they will affect the waterfront neighboring
flows. (Department of Public Works)
Al. An individual (typical) lot grading plan will be required for each residential lot configuration
proposed. This plan should show how each lot is graded providing for drainage between and
along lot lines. For the Final Plat, please also include a minimum basement elevation for each
lot and indicate what lots will not be able to have basements or crawl spaces due to the high
water table reported in the Wassenaar Geotechnical Report dated April 26, 2006.
(Department of Public Works)
AJ. In the Final Plat submittal, please show the locations of ditch access for maintenance. Please
describe maintenance plans (who will mow, control weeds). Please provide written
agreements between Waterfront and the ditch owners covering these topics in the Final Plat
submittal. (Department of Public Works)
AK. National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the
applicant obtain a Stormwater discharge permit from Colorado Department of Public Health
(CDPHE). A copy of this permit and a Best Management Practices (BMP)/erosion control
plan will be required by Public Works as part of the Final Plat submittal. No site grading will
be permitted until these documents have been submitted and reviewed. (Department of
Public Works)
AL. Site specific water quality measures to be installed at specific locations should be shown on
the plans rather than copies of measures available from the Urban Drainage Manual and
Boulder County. Include these water quality measures in the drawings for the Final Plat
submittal. (Department of Public Works)
AM. All drainage facilities including swales and pipes must be in drainage easements shown on
the Final Plat. Proposed detention ponds must be placed in a perpetual drainage easement
along with an access easement to be secured and maintained to allow repair and
maintenance of the detention ponds and inundated areas. (Department of Public Works)
AN. Appendix A: Please show the outer boundary of the Waterfront subdivision on the submitted
Federal Insurance Rate Map(FIRM) map. (Department of Public Works)
AO. Appendix B: Include all of the historic Colorado Urban Hydrograph Procedure (CUHP) input
and output data sheets. (Department of Public Works)
AP. Appendix B: Historic CUHP input; please explain, provide calculations and show maps or
plans as to how all the values for the spread sheet data were derived. The maximum percent
impervious for historic flows is 2%, please update and correct the calculations. (Department
of Public Works)
AQ. Appendix C: Please indicate all offsite flows around the Waterfront site. (Department of
Public Works)
AR. Appendix C: For the developed case CUHP; please include all of the Developed CUHP input
and output data sheets. Please explain, provide calculations, and show maps as to how all
the values for the spread sheet data were derived. (Department of Public Works)
AS. Appendix C: The proposed slope values appear to be too flat; the site has elevations
• between 4985 feet to 4920 feet or about sixty-five (65) feet of fall across the site. Please
provide the time of concentration calculations and show the route on a map or plan. Any
basins less than 0.141 miA2 or 90 acres shall have the time of concentration calculated when
using CUHP. (Department of Public Works)
AT. Appendix C: The Manning 'n' values used in the Environmental Protection Agency (EPA)
Stormwater Management Model (SWMM) 5 appear to be low, see page 2 of the SWMM 5
input data and explain these values in detail. (Department of Public Works)
AU. Appendix C: Please include the 10-yr developed storm event calculation if culverts are to be
proposed within the subdivision. (Department of Public Works)
AV. Appendix C: Please show the 100-yr storm event detention pond volumes as acre-ft.
(Department of Public Works)
AW. Appendix D: In the Waterfront at Foster Lake proposed drainage runoff calculations
spreadsheet, please include more detail as to how the 'C' factor values were derived by
providing the amounts of roadways, sidewalks, driveways, house and garage roofs and
landscape areas for each sub-basin and basin within the subdivision. (Department of Public
Works)
AX. Appendix D: The Basin H3 100-yr composite C value does not match the drainage basin
map. Please tabulate or explain the type and locations of the sub-basin discharges.
(Department of Public Works)
AY. Appendix E: Please describe whether the Grass Buffer and Grass Swales will be irrigated. If
these drainage facilities will not be irrigated, use a reduced Manning's 'n' value to more
accurately characterize these features which will be closer to bare soils than grassed
channels. (Department of Public Works)
• AZ. Appendix E: Explain and show where under drains will discharge. (Department of Public
Works)
BA. Appendix E: Due to the increased maintenance, Weld County recommends not using the
Urban Drainage well screens in front of the Water Quality Capture Volume (WQCV) plate.
These well screens plug very easily creating a pond of water that can be a breeding ground
for mosquitoes. During the sizing of the holes for the WQCV plate, Weld County recommends
using as large a hole as possible with the fewer columns. (Department of Public Works)
BB. Drainage Plan Sub Basin Map: Sheet 1 of the applicant's submittal; please label the
contours so they are readable. (Department of Public Works)
BC. Drainage Plan Sub Basin Map: Please show on a drawing the time of concentration historical
paths used to determine the initial overland flow and the travel time for the time of
concentration calculations. (Department of Public Works)
BD. Drainage Plan Sub Basin Map: Please include the flows from the 5 acre parcel in the middle
of this project labeled: "This property is not part of this development". Flows from this
Anderson out-lot parcel must be safely routed through the development. Waterfront is not
required to detain these out-lot flows. Conceptually, these flows may be assumed to pass
through the detention ponds and over the emergency weir, not through the pond's 5-yr
historic release orifice plate. (Department of Public Works)
BE. Drainage Plan Sub Basin Map: Sheet 2 of the applicant's submittal;, please show the
detention ponds, basins X and Y since they are not detained and release directly to St. Vrain
River. Also show the detention pond outlet pipes and pond overflow weirs for the St. Vrain
• Valley School District High School #7 parcel. (Department of Public Works)
• BF. Drainage Plan Sub Basin Map: Sheets 3-11 of the applicant's submittal;, please indicate the
100-yr water surface elevation (WSEL), emergency spillway weir and its elevation, outlet
structures and free board elevation for all the detention ponds. (Department of Public Works)
BG. Drainage Plan Sub Basin Map: Please show and label all the existing oil and gas wells plus
show the drilling windows of all future wells. (Department of Public Works)
BH. Drainage Plan Sub Basin Map, Please label all residential lots with an 'A' or 'B' lot
designation and show how each of these lot types will route the stormwater around and away
from the homes and to the street. (Department of Public Works)
BI. Drainage Plan Sub Basin Map: Due to the presence of high ground water in some areas, per
the final Geotechnical Report, please label all residential lots as to being acceptable or
unacceptable for basements, crawl spaces, and/or walkout basements and include a
minimum basement finished floor elevation. (Department of Public Works)
BJ. Drainage Plan Sub Basin Map: Please provide a top of foundation elevation for each lot
ensuring 1-foot of free board above the maximum allowed street stormwater capacity for the
100-yr storm event. The depth of stormwater between houses also will need to be
considered. (Department of Public Works)
BK. Drainage Plan Sub Basin Map: Please show on a drawing the time of concentration
developed paths used to determine the initial overland flow and the travel time for the time of
concentration calculations. (Department of Public Works)
BL. Drainage Plan Sub Basin Map: Please label all roadways on each drawing or map.
(Department of Public Works)
• BM. Drainage Plan Sub Basin Map: Please label all low and high points on all roadways.
(Department of Public Works)
BN. Drainage Plan Sub Basin Map: Please dimension all set-backs from Foster Lake, channels,
swales, ponds and other conveyance features throughout the drainage basins. Building
envelopes may be required. (Department of Public Works)
BO. Geology Report: A Geology memorandum from Gary Linden was submitted dated August
25, 2006 to Weld County Planning Department. It indicated the gravel and sand source rate
is poor for this site. No lots or development are planned in the low lying area adjacent to the
Saint Vrain River. Applicant to provide evidence of poor aggregate materials on site.
(Department of Public Works)
BP. Geology Report: Please discuss and show in this report the future oil and gas production
locations and how accesses to the existing and future wells and tank batteries will be handled
throughout the subdivision. (Department of Public Works)
BQ. A Final Geotechnical Due Diligence Study for the Waterfront at Foster Lake Subdivision,
stamped by Colorado registered engineer shall be submitted at time of Final Plat, specifically
addressing the highly corrosive soils and ground water table. (Department of Public Works)
•
• BR. Amend Geotechnical Report: Text in the report does not match the Swell-Consolidation test
results, please update. (Department of Public Works)
BS. Amend Geotechnical Report: Sheet 12 of the applicant's submittal; this report does not
address slope stability which is required for Final Plat submittal. In particular, please address
public safety and setbacks along the edge of Liberty Gulch. (Department of Public Works)
BT. Amend Geotechnical Report: A Final Geotechnical Study with pavement design
recommendations will be required to be submitted during Final Plat. In this final Geotechnical
Report, please include data from drill borings along the centerline of all proposed streets,
borings should be spaced every 500 feet or as required by rapidly changing soil conditions.
(Department of Public Works)
BU. The applicant shall submit evidence of approval for the Amendment to the I-25 MUD
Structural Land Use Map 2.1, dated January 2007 addressing the proposed residential
component east of Foster Lake within an area identified as having Limiting Site Factors.
(Department of Planning Services)
BV. The internal local roadway right-of-way shall be 60-feet in width including cul-de-sacs with a
65-foot radius and dedicated to the public. The internal collector roadway right-of-way shall
be 80-feet in width and dedicated to the public. (Department of Planning Services)
BW. The Highland Ditch Company, the Highland No. 3 Reservoir (a/k/a Foster Lake, the No. 3
Outlet Ditch Company and the Sanborn Reservoir Ditch Company must be appropriately
labeled and dimensioned including setbacks, easements and rights-of-way, along with
proposed relocation as required and as stipulated in the signed and recorded agreement.
• (Department of Planning Services)
BX. The plat(s) shall be amended to accurately delineate any gathering line easements for the
existing oil and gas structures and all proposed structures, along with proposed relocation if
necessary as stipulated in the signed and recorded agreement.. (Department of Planning
Services)
BY. The applicant shall be required to provide written and graphic evidence from the school
district and post office that the proposed mailbox location and bus shelter plan meets their
design standards and delivery requirements for the mailbox facility and the proposed school
drop off / pick up location shall be approved by the School District. Written evidence of
compliance with their standards and requirements shall be submitted to the Department of
Planning Services. Further, evidence shall be provided that each facility meets the intent of
the Americans with Disabilities Act (ADA) for access. The Department of Building Inspection
shall review the proposed structure for compliance with all applicable codes as warranted.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
BZ. The plat shall delineate and identify the road inter-connections from the Waterfront at Foster
Lake PUD into Kiteley Ranch at Foster Lake PUD (Pioneer Drive) and identify the connection
from the Waterfront at Foster Lake PUD into the Mead Crossings subdivision development
(Highland Drive)adjacent to the North. (Department of Planning Services)
CA. The plat shall delineate a pedestrian connection to the Kiteley Ranch at Foster Lake PUD
development to the North prior to recording the Change of Zone plat. (Department of
Planning Services)
• CB. Amended MUD Structural Land Use Map 2.1, dated January 2007, or amendment, delineates
plans for a trail connection along Foster Reservoir to the North. A trail shall be established
• along the northeastern edge of the property connecting to Pioneer Drive for the planned
future regional trail system. (Department of Planning Services)
CC. A trail shall be established along the southwestern edge of the property connecting to the
Adler PUD or successors of this platted subdivision of land for the planned future regional
trail system. (Department of Planning Services)
CD. The applicant shall remove all easements located off-site and outside of the delineated
property line as the location is outside of their control. (Department of Planning Services)
CE. The applicant shall submit details of the proposed mailbox areas to the appropriate postal
district for review and approval. Any required changes shall be indicated on the Final Plat.
Further, the applicant shall verify that each facility meets the intent of the Americans with
Disabilities Act(ADA)for access. (Department of Planning Services)
5. Prior to recording the final plat:
A. The applicant shall submit written evidence to the Department of Planning Services that all
requirements of the St. Vrain Valley School District have been completed. (Department of
Planning Services)
B. The applicant shall submit written evidence to the Department of Planning Services that all of
the concerns of the Department of Public Works have been addressed and resolved to the
satisfaction of the Department. (Department of Planning Services)
C. The applicant shall submit written evidence to the Department of Planning Services that all of
the concerns of the State Engineers Office and the Colorado Division of Water Resources,
• Dam Safety Branch specific to the dam, the proposed channel and related facilities have
been addressed and resolved to the satisfaction of the State Engineers Office. (Department
of Planning Services)
D. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the state to the Department of Planning
Services. (Department of Planning Services)
E. The applicant shall submit evidence to the Department of Planning Services that the
Covenants have been approved by the County Attorney's Office. (Department of Planning
Services)
F. The applicant shall present a unanimous petition of all landowners and residents of the
Waterfront at Foster Lake PUD registered to vote in the State of Colorado thus qualifying the
Development for inclusion into the Southwest Weld County Law Enforcement Authority
(SWCLEA) (if it has been created) or for creation of a separate Law Enforcement Authority
(LEA)(if it was not created). A LEA is a taxing unit with a maximum mill levy of 7 mills created
for the purpose of providing additional law enforcement by the county sheriff to the residents
of the developed or developing unincorporated Weld County. The revenues would be
available initially to provide directed patrols and eventually to provide additional deputies to
carry out those activities within the LEA. This is intended to offset the demand for law
enforcement generated by increased population densities. (Department of Planning Services)
G. Finalized covenants and the appropriate recording fee (currently $6 for the first page and $5
for all others) shall be submitted to the Weld County Department of Planning Services for
recording at the Weld County Clerk and Recorders office. (Department of Planning Services)
• H. The applicant shall submit a mylar plat ready for recording for the vacation of County Road
28 right-of-way to the Department of Planning Services. (Department of Planning Services)
• I. The applicant shall submit the appropriate on-site and off-site improvements and post the
appropriate collateral fro each Phase or Filing. Collateral shall be reviewed and approved by
the Board of County Commissioners. Department of Planning Services)
J. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept.
of Planning Services)
6. Prior to construction:
A. Stop signs and street name signs will be required at all intersections. (Department of Public
Works)
B. Prior to the commencement of construction activities, stormwater erosion control and
sediment control best management practices shall be in place in accordance with approved
permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be
maintained on the down gradient portion of the site during all phases of the site construction.
(Department of Public Works)
C. The applicant shall provide a letter on letterhead from the Mountain View Fire Protection
District stating that all requirements have been met for each Filing and/ or Phase of this
development. (Department of Public Works, Department of Planning Services)
D. Stormwater best management practices shall be in place in accordance with the Weld County
Code and Urban Drainage Standards. Silt fences shall be maintained on the down gradient
• portion of the site during all phases of the site construction. (Department of Public Works,
Department of Planning Services)
DEPARTMENT OF PLANNING SERVICES
(tit 0 NORTH OFFICE
10TH O Street
•
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
"IDe.
COLORADO
September 23, 2007
HF Holdings, LLC
do Darwin Horan
Attn: Linda Sweetman-King
4 Inverness Dr East#300
Englewood CO 80112
Subject: PZ-1126- Request for a PUD Change of Zone from(A)Agriculture to PUD(Planned Unit Development)
with R-1 (Low-density Residential),R-2(Duplex Residential), R-3(Medium-density Residential), R-4
(High-density Residential),C-1 (Neighborhood Commercial),C-2(General Commercial)215 acres
of Open Space and continuing Oil and Gas Production uses in the Mixed Use Development
Overlay District. [1804 units/ 10 acres Commercial]on a parcel of land described as S2 Section 27;
N2 of the NW 4,E2 of the SW4 and E2 Section 34; NW 4 of the NE4 Section 3,all in T3N, R68W and part
of the NE4 of Section 3,T2N, R68W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
• with the Weld County Planning Commission for October 16, 2007, at 1:30 p.m. This meeting will take place in the
Hearing Room,Southwest Weld County Planning Department,4209 CR 24.5,Longmont,Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members may
have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Dacono, Firestone, Frederick, Longmont, and Mead Planning
Commission for their review and comments. Please call Dacono at 303-833-2317,Firestone at 303-833-3291,Frederick
at 303-833-2388,Longmont at 303-651-8601 and Mead at 970-535-4477 for further details regarding the date,time,and
place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone,
Frederick,Longmont,and Mead Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time,date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation conceming this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
• If you have any questions concerning this matter, please call.
Respectfully,
ket ;:s....7
Ki
Afe07-3asy
DEPARTMENT OF PLANNING SERVICES
t 6 NORTH OFFICE
� GREELEY, CO 80631
PHONE: (970) 353-61O0, Ext. 3540
FAX: (970) 304-6498
WIIDc.
COLORADO
July 23, 2007
HF Holdings, LLC
c/o Darwin Horan
Attn: Linda Sweetman-King
4 Inverness Dr East#300
Englewood CO 80112
Subject: PZ-1126- Request for a PUD Change of Zone from (A)Agriculture to PUD (Planned Unit Development)
with R-1 (Low-density Residential), R-2 (Duplex Residential), R-3(Medium-density Residential), R-4
(High-density Residential),C-1 (Neighborhood Commercial), C-2(General Commercial)215 acres
of Open Space and continuing Oil and Gas Production uses in the Mixed Use Development
Overlay District. [1804 units/ 10 acres Commercial] on a parcel of land described as S2 Section 27;
N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of the NE4 Section 3,all in T3N,R68W and part
of the NE4 of Section 3,T2N, R58W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
•
with the Weld County Planning Commission for October 16, 2007, at 1:30 p.m. This meeting will take place in the
Hearing Room,Southwest Weld County Planning Department,4209 CR 24.5,Longmont,Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members may
have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Dacono, Firestone, Frederick, Longmont, and Mead Planning
Commission for their review and comments. Please call Dacono at 303-833-2317,Firestone at 303-833-3291,Frederick
at 303-833-2388,Longmont at 303-651-8601 and Mead at 970-535-4477 for further details regarding the date,time,and
place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone,
Frederick,Longmont,and Mead Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
• If you have any questions concerning this matter, please call.
.Respectfully,
r
Kim Ogle,
• PLANNING COMMISSIONERS'
SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS OCTOBER 1, 2007 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM (A)AGRICULTURE TO PUD
(PLANNED UNIT DEVELOPMENT)WITH R-1 (LOW-DENSITY RESIDENTIAL), R-2(DUPLEX
RESIDENTIAL), R-3(MEDIUM-DENSITY RESIDENTIAL), R-4(HIGH-DENSITY RESIDENTIAL), C-1
(NEIGHBORHOOD
CONTINUING OIL AND GASP PRODUCTION U COMMERCIAL)
S [1804 UNITS/ 10 ACRES
AND COMMERCIAL].
(WATERFRONT AT FOSTER LAKE PUD)
• KIM OGLE
Name of Person Posting Sign
Signat of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD I^el
The foregoing instrument was subscribed and sworn to me this- day of , 2007.
WITNESS my hand and official seal.
WENDI INLOES
NOTARY PUBLIC
STATE OF COLORADO •
Notary Public
My Commission Expires: 3 3
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FIELD CHECK Inspection Date: September 27, 2007
•
REQUEST: Change of Zone from (A) Agriculture to PUD (Planned Unit Development) with R-1
(Low-density Residential), R-2 (Duplex Residential), R-3 (Medium-density
Residential), R-4 (High-density Residential), C-1 (Neighborhood Commercial), C-2
(General Commercial) 215 acres of Open Space and continuing Oil and Gas
Production uses. [1804 units/ 10 acres Commercial]. (Waterfront at Foster Lake
PUD)
LEGAL S2 Section 27; N2 of the NW 4, E2 of the SW4 and E2 Section 34; NW 4 of
DESCRIPTION: the NE4 Section 3, all in T3N, R68W and part of the NE4 of Section 3, T2N, R68W of
the 6th P.M., Weld County, Colorado.
LOCATION: 1/4 Mile South of State Highway 66; East of and adjacent to County Road 7
ACRES: 587 acres, more or less
PARCEL No's: 1313-03-000048, 1207-34-100033 and 1207-27-300015
North: PUD Residential [Kiteley Ranch at Foster Lake (Weld County)and Mead Crossing Business Park
(Town of Mead)]; to the immediate North adjacent to this development is the Foster Lake Club, a
private members only venture.
East: Agriculture, Ritchie Brothers Auction Yard (Town of Mead); Carma-Bayshore PUD, (Weld
County) and immediately adjacent Interstate 25 right-of-way
• South: St. Vrain River and St. Vrain State Park(Town of Firestone)
West: Adler PUD, Change of Zone only(Weld County); St. Vrain School District Regional High School
(Town of Mead), Agricultural lands and Centex PUD with Residential Uses (Town of Mead)
Comments:
Property was historically farmed in corn, alfalfa, and pasture grasses. The entire site
slopes from the North to the South into the St. Vrain River basin. There are three
distinct terraces of land that separate the property, traversing east to west. The upper
terrace is associated with lands adjacent to the Foster Lake Reservoir. Lands in this
area are generally planted in corn and alfalfa and appear to be irrigated utilizing water
from Foster Lake and the No. 3 irrigation ditch. In the immediate area are tank
batteries, the historic dam and outlet structure for Foster Lake and pump houses
associated with the farming operation. There are oil and gas encumbrances and
internal access roads to each facility. One set of improvements exists adjacent to road;
in future this residence will be demolished, however, until such time the residence
remains a rental property. County Road 28 serves as the southern boundary to this
terrace area.
The middle terrace is south of County Road 28 and north of the riparian corridor
• associated with the St. Vain River Floodway-Floodplain, to be later described. Lands in
this area are currently planted in corn or the lands are fallow. Three residential
structures currently exist on lands owned by the applicant. Two of the structures will
remain as rental properties with the third utilized as an accessory structure. There is a
• three parcel property not a part of this development application, one of which has a
single family residence. The two other parcels presently have improvements associated
with the historical agrarian use. Overhead electric and underground telephone lines are
present in the right-of-way. The current condition of CR 28 is a two lane local gravel
road. A large box culvert provides a single lane access to the east, under the 1-25
roadway. Lands to the south slope to the river. Private irrigation laterals and irrigation
ditches traverse the site. There are oil and gas encumbrances and internal access
roads to each facility. There is also a series of three irrigation ponds stepping down the
slope, with the first two ponds in this area. The ponds have man-made materials
serving as rip-rap for bank stabilization. Riparian vegetation lines the banks and
grasses and sedge are dominant. Several areas have cattails, sedges and water
indicative plant materials. Wildlife is abundant. The regional high school currently under
construction adjoins the property tot eh west adjacent to County Road 7.
The lower terrace holds remnant labor houses and outbuildings. A few foundations are
visual on site near to these structures. The lower terraces are in pasture grasses with
mature cottonwoods, multiple piles of concrete, brick, and construction materials
present. The river corridor is heavily vegetated in volunteer plant materials, grasses,
and associated riparian vegetation. The water flows quickly past the site within a
defined channel. There is a substantial change of grade from the middle terrace onto
the lower terrace. The distance between the middle terrace to the river is approximately
500 feet estimated by visual calculation. There are oil and gas encumbrances and
internal access roads to each facility.
•
Good views are in all directions, to the south is the valley, and distant views of the 1-25
corridor; to the west is the Front Range and Longs Peak, to the north are Foster Lake
and interior views and to the east are lands associated with the Carma development
and residential developments in the Town of Firestone.
As identified herein, there are numerous pockets of materials associated with a Non-
commercial junkyard. The old feed bunkers and associated improvements adjacent to
CR 28, concrete materials adjacent to river corridor, one farm related vehicle north of
CR 28 are the primary objects of interest.
Kim
Four(4) House(s) Yes - Derelict Vehicles, one identified
Multiple Outbuilding(s) Yes- Non-commercial junkyard
Good Access to Property ❑ Irrigation Sprinkler
Yes - Crop Productions Yes - Crops
Yes - Site Distance Yes - Wetlands—unqualified by Staff
❑ Mobile Home(s) Yes- Oil &Gas Structures
❑ Other Animals On-Site Yes- Wildlife
Yes - Water Bodies Yes- Utilities On-Site(transmission lines)
41 Yes - Ditches Yes - Topography
No commercial business/commercial vehicles are operating from the site.
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