HomeMy WebLinkAbout20060202.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
r FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 7 - 0 4 - 3 - 0 0 - 0 4 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors aline,or www.co.weld.co.us).
(Include all lots being included in the application area,If additional space Is required,attach an additional sheet)
Legal Description see attached ,Section 4 ,Township 6 North, Range 67 West
Property Address (If Applicable) 35148 Highway 257, Windsor, CO
Existing Zone District: AG Proposed Zone District: PUD Total Acreage:70.97 Proposed#/Lots 36
Average Lot Size: 1 acre Minimum Lot Size: 1 acre Proposed Subdivision Name: FALCON RIL I,H. PAD
Proposed Area(Acres)Open Space: 25.55 acres
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: WIPO, LLC
Work Phone# 970-226=2046::Home Phone# 970-222-9776 Email Address LarimerLTD(aMSN.Can
r Address: 1600 W Horsetooth Road
City/State/Zip Code Fort Collins, CD 80526
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must acconpany applications signed by Authorized Agent)
Name: WIPO, LLC
Work Phone# 970-226-2046 Home Phone# 970-222-9776 Email Address LarimerLTD@MSN.Can
•
Address: 1600 W Horsetooth RCd
Cfty/State/Zip Code Fort Collins, CO 80526
UTILITIES: Water: North Weld County Water District
Sewer Septic
Gas: Xcel Enerov
Electric: Poudre Valley REA
Phone: Qwest
DISTRICTS: School: Weld County School District RE-4
Fire: Windsor Fire Department
Post: Windsor
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property
must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be Included with the
application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal
authority to sign for the corporation. I (we), the undersigned, hereby request hearings before the Weld County Planning
Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described
unincorporated area of Weld County,Colorado:
EXHIBIT
t.t 5-1 fr-oS y
Signature. er or Authorized Agent Date Signature:Owner or Auth ' $
faC W'iTb,44-C. 7
12 2006-0202
Falcon Ridge P U . D.
(Formerly Potomac Hills PU, D,)
Change of Zone Submittal
Project by WIPO, LLC
M LLC
A Colorado Limited Liability Company
1600 West Horsetooth Road,Fort Collins,CO 80526 970-226-2046
August 15,2005
Monica Danlels-Mika
Department of Planning Services
Weld County Administrative Offices
91.8 1.0 Street
Greeley,Colorado 80631
RE S-545,Falcon Ridge P.U.D.(formerly Potomac Hills P.U.D.)
Legal: Lot B of 2i°AmRE-1452,being part of the SW4 of Section 4,T6N,R67W,of the 8a P.M.,
Weld County,Colorado
Dear Ms.Daniels-Mika:
This submittal is regarding a Change of Zone Request on the above referenced project The parcel
lies within unincorporated Weld County,and there are no intergovernmental agreements in place
that preclude development
The parcel is located on the East side of Highway 257 between County Roads 72 and 74. It is
currently zoned Agricultural,but drought conditions and lack of Irrigation water have rendered the
site unsuitable for farming. We are requesting a change of zone to a P.U.D.district,which will
allow us the flexibility to improve this parcel similar to adjacent developments.
Proposed is a iow.denslty residential subdivision consisting of thirty-eight one-acre lots located on
71 acres. The project has been scaled back in an effort to address concerns of certain staff and
referral agency comments at the sketch plan review stage. Efforts have been made to maximize
open space without compromising needed impact revenues to Weld County. The project Is of
similar size,density, and content as the adjacent Morlah Estates P.U.D.,and will blend into the
current surroundings well. Every attempt has been made to conform to the Intent of Weld County
Codes and Ordinances.
Cordially,
Bret Latimer
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CONTENTS
Description of Project 4
location of Project 5
History of Project 6
Original Proposed Plan 7
Modified Proposed Plan 8
Comparison to Adjacent Subdivision Plat 9
Description of Modifications to Original Plan 10-i1
PUD Change of Zone application 12
Summary of PUD Sketch Plan concerns and responses 13-17
Summary of Staff and Referral Agency Comments with Applicant Response 18-19
PUD Change of Zone: Names of Owners of Property within 500 feet 20-21
Affidavit of Interest Owners: Minerals and Surface Estate 22-23
Change of Zone Mat Maps (Inserts)
8-1/2"X ii"reduced copy of the PUD Change of Zone Mat Maps 24-25
Change of Zone/Rezoning Questionnaire 26-28
Eight Major Components of the Development Guide
Proposed PUD District Description 29
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27-6-40-COMPONENT ONE-ENVIRONMENTAL IMPACTS 30
Noise—Vibration(27-6-40-31) 30
Smoke,Dust,Orders(27-6-40-B2) 30
Heat,Light and Glare(27-6-40-83) 30
Visual/Aestiretic Impacts(27-6-40-84) 30
Electrical Interference(27-6-40-B5) 30
Water Pollution(27-6-40-66) 31
Waste Water Disposal (27-6-40-87) 31
Wetland Removal (27-6-40-88) 31
Erosion&Sedimentation(27-6-40-39) 31
Excavating,Filling and Grading(27-6-40-610) 31
Drilling,Ditching, Dredging(27-6-40-811) 31
Air Pollution (27-6-40-B12) 31
Solid Waste(27-6-40-B13) 31
Wildlife Removal (27-6-40-614) 31
Natural Vegetation(27-6-40-B15) 31
Radiation/Radioactive Materials(27-6 40-816) 32
Drinking Water Source(27-6-40-317) 32
Traffic Impact(27-6.40-818) 32
27-6-50-COMPONENT TWO-SERVICE PROVISION IMPACTS 32
Schools(27-6-50-81) 32
r. Law Enforcement(27-6-50-62) 32
Fire Protection(27-6-40-83) 32
Ambulance(27-6-40-84) 32
Transportation Circulation and Roadways(27-6 40-B5) 32
Traffic Impact(27-6 40-86) 33
Storm Drainage(27-6-50-67) 33
Utility Provisions(27-6-50-68) 33
Water Provisions(27-6-50-69) 33
Sewage Disposal Provisions(27-6-50-110) 33
Structural Road Improvement Plans(27-6-50-611) 34
27-6-60-COMPONENT THREE-LANDSCAPING 34
Landscape Plan(27-6-60-B1) 34
Intent of Landscaping(27-6-60-B2) 34
Maintenance(27-6.60-63) 34
Proposed On-Site Improvement Agreement(27-6-60-64) 35
Water Supply(27-6-60-65) 35
27-6-70—COMPONENT FOUR—SITE DESIGN 35
Topography&Irrigation Ditches,Unique Site Factors(27-6-70-B1) 35
Comprehensive Plan Goals(27-6-70-B2) 35
Uses Allowed(27-6-70-83) 36
PUD Uses vs.Surrounding Uses(27-6-70-B4) 36
Flood Hazard,Geologic Hazard or Airport Overlay(27-6-70-85) 36
27-6-80—COMPONENT FIVE—COMMON OPEN SPACE USAGE " 37
Common Open Space(27-6-80-C2) 37
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27-6-90-COMPONENT SIX-SIGNAGE 37
27-6-100-COMPONENT SEVEN-MUD IMPACT 37
27-6-110-COMPONENT EIGHT-INTERGOVERNMENTAL AGREEMENT IMPACTS 37
Weld County Road Access Information Sheet 38
Letter of Commitment from Water District 39-40
Letter regarding mineral owners associated with subject property 41
Agreement with Ditch Company 42
Tax Certificate from Weld County Treasurer 43
Copy of Deed identifying applicant's interest 44
Letter of Commitment from Gas Company 45
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Letter of Commitment from Poudre Valley REA 46
Request of proceed to Final Approval Phase 47-48
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Falcon Ridge P.U.D.
DESCRIPTION OF PROJECT
Falcon Ridge P.U.D.,formerly known as Potomac Hills P.U.D.,is located along the East side of Highway
257 between County Road 72 and County Road 74. Proposed are 38 one-acre residential lots on 71
acres. This is a low-density residential subdivision, which should have minimal impact on the
surrounding environments and community. Preliminary demographic studies suggest that potential
consumers residing in this community will primarily be employed in Windsor and Greeley areas,
although some consumers may also be employed in the Loveland/Fort Collins area. Target market
will be an upper class home consumer looking for restrictive covenants to maintain high values. The
project will be similar in nature and density to the adjacent Moriah Estates Subdivision. This
subdivision will be easily accessible via Highway 257.
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Location of Project
Falcon Ridge P.U.D.,formerly known as Potomac Hills P.U.D.,is located along the East side of Highway
257 between County Road 72 and County Road 74.
Moriah Estates P.U.D. is contiguous to the Southeast.
The proposed Windsor Assembly of God Church is contiguous to the South.
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History of Project
Falcon Ridge P.U.D.,formerly known as Potomac Hills P.U.D.,is located along the East side of Highway
257 between County Road 72 and County Road 74. A sketch plan was submitted In July 2000,and
referral agency comments were received October 2000. (See Appendix A- Referral Agency
Comments). The original project identification number is S-545.
Upon receiving the referral agency comments, and speaking with key contacts, the Applicant
decided to"shell"the project at the request of the Town of Windsor. The Town of Windsor enticed the
Applicant with potentially higher densities if they waited four to live years until public sewer was made
available. The Applicant has waited over four years to proceed,but Windsor's public sewer system is
no closer than it was at the time of original application.
Ownership of this parcel has remained the same, and the Applicant desires to proceed with the
project with slight modifications to appease concerns of referral agencies.
The original sketch plan proposed a low-density residential development of 44 one-acre lots on 71
acres with 18 acres of open space. The modified plan consists of 38 one-acre lots on 71 acres with
approximately 30 acres of open space. The parcel lies within unincorporated Weld County, and is
contiguous to Moriah Estates P.U.D. (a Weld County P.U.D.approval), and the currently proposed
Windsor Assembly of God Church project. (Case No: USR-1499). Since the property is contiguous to
other project urban development, the parcel cannot be considered for non-urban scale
development.
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ORIGINAL PROPOSED PLAN
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Description of Modifications to Original Plan
Following is a list of modifications to the original sketch plan and an explanation of how
modifications addresses referral agency concerns. The changes attempt to bring the project
In compliance with the goals and policies of the respective agency.
1. Name change-The Applicant wishes to change the name of this PUD from Potomac
Hills PUD to Falcon Ridge PUD. This request is made because of the decreased density
and added open areas.
2. Decreased Density-The Applicant has voluntarily decreased the requested density by
18%to a level consistent with the Town of Severance recommendations and Lorimer
County standards. The density still minimally exceeds Weld County Department of
Public Health and Environment guidelines, but Is consistent with Zoning regulallons and
the adjacent Moriah Estates PUD.
3. Decreased Lot Area -The Applicant has decreased the overall lot area by 11 .5%
allowing more land for open space.
4. More Open Space-The open space was increased 37%in attempt to parallel goals
of Weld County to preserve open and agricultural land.
5. Decreased Right-Of-Way pavement. The Applicant has decreased the paving
requirement by 1.3 acres, which is beneficial to future maintenance efforts. The
Applicant also addressed concerns of police and fire districts by keeping the loop
road design and creating a dual entrance to the neighborhood.
6. Addressed storm drainage and detention concerns. The Applicant has reduced
density and increased detention facilities to accommodate any increased storm
drainage runoffs,and is approaching an agreement with Windsor Reservoir and Canal
to accommodate historical runoffs in addition to the minimal increased runoff that
may occur.
7. Created an environment of modified `Clustering" rather than repetitious home sites.
Open spaces were strategically placed to create a feeling of separation between
clusters of homes. Lot sizes had to remain at least one acre to comply with zoning
ordinances, but the overall effect will remain a larger lot clustered community.
Clustering is consistent with the number one intent of planned unit developments of
creative and innovative living environments.
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8. Lessoned impact along Highway 257. The Applicant directed much of the newly
dedicated open space adjacent Highway 257, an arterial road, in an effort to lesson
the impact to current scenery. Alfalfa farming will continue as in the past in the open
spaces added, so passers-by may not even notice development of this parcel.
Summary - The Applicant attempted to appease all staff and referral agency concerns
without completely°reinventing the wheel." Much time, effort,and resources were awarded
the original sketch plan in attempts to conform to the Weld County Comprehensive Plan,
Zoning Ordinance,and PUD/Subdivision ordinances, and there were only a few departmental
concerns that need addressed. The modified plan displays the Applicant's willingness to
accommodate and conform to the intent of the Weld County Planning and Zoning goals.
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LEGAL DESCRIPTION
FOR
FALCON RIDGE P.U.D.
Lot B of Second Amended Recorded Exemption No. 0807-04-3-AMRE1452, recorded June
28, 1999 as Reception No. 2702921, being a part of the Southwest 1/4 of Section 4,
Township 6 north, Range 67 West of the 6th P.M.,
Excepting THEREFROM a strip of ground 20 feet wide running East 450 feet from the
Southwest corner of the Southwest 1/4 of Section 4, Township 6 North, Range 67 West of
the 6th P.M., as granted by Warranty Deed dated September 18, 1930, and recorded in Book
900 at Page 309.
ALSO EXCEPTING THEREFROM a portion conveyed to THE Department of Highways, State
of County o Colorado
dTy Weld,
recorded July 22, 1966 in Book 571 as Reception No. 1493273.
State of Colorado.
Summary of PUD Sketch Plan concerns and
Responses
Following is a list of Planning Staff and referral agency comments with regard to original
sketch plan. The original plan consisted of 44 one-acre sites on 71 acres. The Applicant
believes resubmitted sketch plans will result in similar concerns, so the Applicant has
addressed these concerns by modifying the original plan. The modified plan addresses
the comments of the original sketch plan in an effort to conform more closely to PUD
guidelines and Zoning regulations.
"The Planned Unit Development(PUD) is intended to allow an alternative method for
property owners and developers to apply flexibility in developing land."
Referral agency Comments:
1. Weld County Department of Public Health and Environment—
Comment: The overall density does not meet the current Department policy of one
septic system per 2.5 acres.
Response: The current Department policy of one septic system per 2.5 acres is an
arbitrary guideline established in recent years by health department staff as the
average for individual sewage disposal systems (ISDS) throughout Weld County.
This standard assumes one septic field of minimum size built to accommodate the
waste from individual homes of varying size. Many of the current systems are
outdated and exist on lots as small as '/:acre. Chapter 30 of the Weld County
Code, known as the individual sewage disposal systems (ISDS) regulations, does
not regulate size of lots necessary to install an ISDS. In addition, the Weld County
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ISDS guide and application fails to regulate size of lots. There is no written
regulation available to substantiate this inter departmental policy. Nevertheless,
this project will accommodate oversized systems on every lot; in addition to
easements to accommodate back up systems should the first ISDS fail. Our
systems will utilize the most modem techniques available including: Altemating
absorption fields, oversized waste tanks, effluent filters, failure alarms, and HOA
mandated checking and testing on an ongoing basis. These improvements to
standard systems will warrant preservation of environment and protection of public
health, which is the intent of the Weld County Code. In addition,Zoning
regulations permit septic systems on minimum one-acre lots. The Town of
Severance, and several surrounding communities (i.e. Larimer County), permits an
average of one unit per 2 acres when ISDS are constructed. In addition,
precedence is set with the approval of the Moriah Estates PUD contiguous to this
property. They were permitted one-acre sites with septic systems. This density of
this project has been scaled down to one unit per 2 acres gross density in an effort
to conform more closely to the intent of the Weld County Code.
Comment: A commitment letter from North Weld Water District was not included in
the submittal materials.
Response: An easement agreement to place a 25" water main has been
established permitting as many water taps as needed for this project are available.
See page 40— North Weld Water agreement. In addition, even though a formal
agreement has not been executed to date, North Weld Water has provided a letter
of intent to supply all of the necessary water(page 39).
Comment: A review of Preliminary Subsurface Exploration Report dated August
10, 2000 reveals potentially high groundwater in a small portion of the parcel.
Response: The Subsurface Exploration Report stated construction of ISDS as
proposed is feasible. The report also clarifies that the test was done at the height
of the irrigation season, and that any high water tables will likely recede absent
irrigation. Due to lack of a productive crop, this parcel has been abandoned for
farming therefore eliminating irrigation water.
2. Weld County Sheriffs Office—
Comment: Singe point of access.
Response: Actually COOT will only permit a single access point to Highway 257.
This access, however, has been widened to accommodate an island type access
whereby there are actually two separated lanes of access. Once in the subdivision,
the road has been designed to allow access to properties two different directions.
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Comment: Bus stop, street names, street lighting, mailbox, and address placards.
Response: Applicant has every intention to comply the desires emergency
agencies, and will comply with these desires.
3. State of Colorado, Division of Water Resources—
Comment: A commitment letter from North Weld water was not included in the
referral packet.
Response: Please refer to the previously mentioned letter from North Weld water
permitting as many taps as lots approved. Page 40—North Weld Water agreement.
A letter of intent has been included as proof that water taps are available. In
addition, applicant is in possession of 30 units of CB-T attached to this property for
development purposes.
4. State of Colorado, Division of Wildlife—
Comment: No conflicts of interest were found.
5. Town of Windsor-
Comment: The rezoning to Estate zoning would require lots to be 2.5 acres/lot if
annexed to Windsor. They recommended the Applicant contact Windsor to
discuss annexation.
Response: The Applicant contacted Windsor and was enticed with potentially
higher density if the Applicant waited four to five years while Windsor extended
their public sewer system. The Applicant has delayed this project over four years
in an attempt to appease Windsor, but Windsor public sewer system is no closer to
the project(2 plus miles)than four years ago. Since many P.U.D.'s have been
developed using ISDS between the existing sewer and this parcel it is unlikely
sewer will ever be extended this far by Windsor. It is the Applicants desire to
continue with this project by installing oversized engineered ISDS in lieu of public
service.
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6. Windsor-Severance Fire Protection District-
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Comment: A number of requirements and policies were listed.
Response: Applicant agrees to comply with all requirements and policies of the
Fire Protection District.
7. State of Colorado, Colorado Geological Survey, Division of Minerals and Geology-
Comment: There are no geologic conditions present that would preclude
development.
8. Weld County Department of Public Works-
Comment: External Roadways, Internal Roadways, Storm Water, Traffic Impacts,
and Development Conditions.
Response: Applicant agrees to comply with all comments and conditions by
obtaining access permits from CDOT, and conforming to all roadway requirements.
In addition, the modified plan designates areas for storm water detention and
controlled discharge. A traffic study will be done and submitted with the Change of
Zone submittal packet.
9. Colorado Department of Transportation—
Comment: CDOT requested the Applicant contact the CDOT department to discuss
any highway improvement, and if the subdivision could be accessed through
another subdivision.
Response: Applicant contacted CDOT and explained the subdivision could not
currently be accessed through another subdivision, but open space had been left
to allow future connection to future development. In addition, since Hwy 257 is a
state highway, there may be a need for a turn lane and/or acceleration and
deceleration lanes. There is a 35 feet additional R.O.W. allowing for this expansion
if required by the traffic study. Applicant agrees to participate with CDOT by
accommodating needs.
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10. Town of Severance—
Comment: Prefer the gross density of the subdivision with individual septic
systems be decreased to 2 to 2.5 acres per lot.
Response: Applicant has modified the original sketch plan to accommodate the
Town of Severance desires of an average density of one lot per two acres.
11. Department of Army, Corps of Engineers—
Comment: There are no conflicts and no Department of Army permit will be
required for this project.
12. West Greeley Soil Conservation District—
Comment: No conflicts of interest were found.
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13. Weld County Building Inspection—
Comment: A number of requirements and policies were outlined.
Response: Applicant agrees to conform to all requirements and policies of the
Building department in addition to all local and national building codes.
14. Weld County School District RE-4—
Comment: The District request cash in lieu of land, and request a school bus stop.
Response: Applicant accepts cash in lieu of land agreement, and agrees to work
with the District and CDOT to establish a school bus stop.
15. Weld County Code Compliance-
Comment: No violations of code were found.
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Summary of Staff and Referral Agency
Comments with Applicant Response
Fifteen different referral agencies and staff members have reviewed this project, and
there were no real concerns that should preclude development of this parcel. The number
one intent of a planned unit development(PUD), as stated in the Planned Unit
Development Ordinance is as follows:
1. "The Planned Unit Development(PUD) is intended to allow an alternative method
for property owners and developers to apply flexibility in developing land. This
flexibility is generally not possible under the normal application of the Zoning and
Subdivision Ordinances."
1.1 "Encourage innovations In residential...development so that the growing
demands of the population may be met by greater variety in type, design, and
layout of buildings and by the conservation and more efficient use of open
space in the development"
This is a proposed PUD, and the Applicant is attempting to apply flexibility in order to
preserve more open space while adapting to surrounding environments and
subdivisions. The adjacent Moriah Estates PUD, in which one-acre lots with individual
sewage disposal systems was approved and built, set precedence. This proposal is a
creative approach to obtaining many of the County's goals while operating within policy.
The Applicant has supplied a complete listing of consistent goals and policies with this
change of zone packet. Effort has been set forth to modify the original sketch plan to
transform it into a working model. The modifications have aligned the project with the
r expectations of staff and referral agencies. Please refer to the modified plan and
compliance statements. Applicant requests Staff award the flexibility intended by
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planned unit development projects, and permit this project to proceed to the final stage
by approving this change of zone proposal.
In conclusion, there were only a few concerns on this project, and the Applicant has
made the modifications to the original sketch plan to address these concerns. The
project is consistent with Weld County PUD ordinances,Zoning regulations, and the
Comprehensive Plan. Therefore, the Applicant seeks approval from the Weld County
Planning Commission on this proposed P.U.D. as presented.
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Change of Zone/Rezoning Questionnaire
1. How is the proposed rezoning is consistent with the policies of the Weld County Code, Chapter 22? If
the proposed rezoning is not consistent with the Comprehensive Plan,explain how the proposed rezoning
will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what
the applicant perceives as the changing conditions in the area.
A): Falcon Ridge P.U.D. is considered an Urban Scale Development Consequently,the
Comprehensive Plan states that Urban Scale Growth should take place in dose proximity to existing
municipalities. Agricultural Goal 3. "Discourage residential...development which is not located
adjacent to existing incorporated municipalities." Urban Growth Boundaries Goal 2. "Concentrate
Urban Development in or adjacent to existing municipalities..." According to the recently adopted
Comprehensive Plan of Windsor,Falcon Ridge is within their Urban Growth managed area. It is our
position that with regards to consistency with the goals of the Comprehensive Plan,this is a non-
issue because Falcon Ridge is directly adjacent to a municipality as required by the Comprehensive
Plan.
Weld County Comprehensive Plan Agricultural Goal 1 mandates preservation of prime farmland. We
believe this parcel of land fits the definition of no-prime farmland given in the Comprehensive Plan.
'Non-prime farmland is low capability land that Is not considered important land for food production.
It may be composed of poorer soils prone to erosion or may have topographical limitation such as
slopes or gullies." The reasons we believe this parcel of land is not mandated to be preserved as
r prime farmland are as follows:
1. This parcel at the present time is divided into segmented smaller fields making it
difficult to farm efficiently.
2. The acreage is only capable of producing alfalfa which
is dependent on rainwater due to lack of irrigation water. The
resultant crop produces extremely low yields in recent years.
3. Soil survey maps provided by Soil Conservation District depids the
soil on this property as having low to moderate yields.
4. Please see the letter from the former farmer of this property,
Manuel Pineda. (Please see attached Exhibit A).
The Comprehensive Plan mandates residential development"should pay its own way"and ensures
that adequate public services and facilities are available. Falcon Ridge will be responsible to install
all facilities and have induded herein statement from Utility providers as to their ability to provide
these services. The one exception to this is public sewer. Sewer service at the present time is
approximately 2 miles South of this site. Applicant was enticed with higher density if he waited for
public sewer by the Town of Windsor. Applicant waited 4 years for the Town of Windsor to extend
sewer but they never performed. It is our belief that sewer service may never be accessible to this
site due to a number of already completed residential subdivisions between this site and the sewer
service. All of these subdivisions rely on septic systems for sewage disposal.
With regards to county services needed at Falcon Ridge. The Weld County Sheriff currently provides
service to Moriah Estates and Shiloh Estates,which is adjacent to Falcon Ridge on the east.Minimal
26
additional effort would be required to service Falcon Ridge as well. Fire and Ambulance service are
also responsible for a number of residential subdivisions in close proximity.
It is our conclusion that Falcon Ridge fits very well v4 thin the Weld County Comprehensive Plan. It is
urban scale development taking place directly adjacent to a munidpality involving land that is only
marginally productive as farmland. All services for Falcon Ridge are available efficiently and it is a
development that is much the same as other P.U.D.developments that have and continue to take
place in this area.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses?
Include a description of existing land uses for all properties adjacent to the subject property.
A): Land uses of Falcon Ridge are extremely compatible with the Moriah Estates residential
subdivision directly east of Falcon Ridge., Moriah Estates is zoned E(Estate). As for agricultural
Interest to the North,it is our belief that it will also become a P.U.D.due to current unproductive
agricultural use.
3. Will the property use a septic system or public sewer facilities?
A): The property will be using a septic system.
4. Who will provide adequate water, including fire protection, to the property?
A): North Weld County will be providing the water and Windsor Fire Department will be the fire
protection for Falcon Ridge.
5. Does the property have soils with moderate or severe limitation for construction? If yes, the
applicant shall submit information which demonstrates that the limitation can be overcome.
A): Falcon Ridge has low to moderate plasticity sand lean clay and clayey sand suitable for
construction per the report from Earth Engineering Consultants,Inc. (Please see report included with
this submission).
6. Is the road and/or highway facilities providing access to the property(ties) adequate to meet the
requirements of the proposed zone district? If not,the applicant shall supply information demonstrating
the willingness and financial capability to upgrade the road and highway facilities.
A): Falcon Ridge is adjacent to and accessed by Hwy 257 between County Road 74 and County Road
72. Since this is a low-density residential subdivision,traffic will have a minimal impact Applicant
also has a willingness to discuss upgrades as necessary such as turn lanes and bus stops to
accommodate CD0T requirements.
7. Is there a sand,gravel,or other mineral resource on or under the subject property? If so,the
applicant shall provide a mineral resource statement prepared by a certified geologist or other qualified
expert The statement shall indicate the estimated quantity of resources and the economic feasibility of
r recovery, now and in the future,of the resource(s) so that the Planning Commission and Board of
27
County Commissioners can determine whether a commercial mineral deposit is contained on or under the
subject property(ies)as defined by Colorado Raised Statue.
A): There are no significant mineral resources on the property. See soils report and rezoning plat for
mineral descriptions.
8. Is the change of zone area located in a Flood Hazard Overlay District?
A): No
9. Is the change of zone area located in a Geologic Hazard Overlay District?
A): No
10. Is the change of zone area located in the AP(Airport)Overlay District?
A): No
28
Exhibit A •
May 19, 1998
To Whom It May Concern,
Pineda and Son' s Inc. have been the owners of the
parcel of land proposed for development since 1964 . We Lave
farmed many acres throughout Northern Colorado since 1955,
and would consider the acreage as only moderate in its
production value. It is cut into smaller fields and has a
number of ditches through it that make it difficult to farm.
I would not consider this parcel as prime farm land.
Sincerely,
,ien::: Pine a ir
reN
PROPOSED PUD DISTRICT DESCRIPTION
General Concept:
Falcon Ridge P.U.D.is proposed for a 70.97 acres parcel of land north of Weld County Road 72 and
east of Colorado State Highway 257. Falcon Ridge will be a covenant controlled planned unit
development consisting of 38 single-family residential building sites. Each building site will be
approximately 1 acre in size with traditional wood frame residences of one and two stories. A total of
40.27 acres will be individually owned property with the remaining 30.7 acres(43.25%%)devoted to
commonly own open spaces. The proposed community will have a Home Owners Association as well
as an Architectural Control Committee.
We believe Falcon Ridges'duster style development offers significant advantages over a more
traditional small lot rural development
• A high percentage of open space wilt be maintained,providing for continual agricultural
use.
• A"feathering"of urban density of the Town of Windsor to the South and to the Agricultural
areas to the North.
• Water rights will continue with the land.
Legal Description:
Lot B of Second Amended Recorded Exemption No.0807-04-3-AMRE1452, recorded June 28, 1999 as
Reception No. 2702921, being a part of the Southwest 1/4 of Section 4, Township 6 north, Range 67 West of
the 6th P.M.,
Excepting THEREFROM a strip of ground 20 feet wide running East 450 feet from the Southwest corner of the
Southwest 1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M., as granted by Warranty Deed
dated September 18, 1930, and recorded in Book 900 at Page 309.
ALSO EXCEPTING THEREFROM a portion conveyed to THE Department of Highways, State of Colorado by
Deed recorded July 22, 1966 in Book 571 as Reception No. 1493273.
County of Weld,
State of Colorado.
Total Area: 70.97 acres
Existing Zoning: Agricultural.
Existing Use: Irrigated Crop Land.
Proposed Zoning: PUD
Proposed Uses: 40.27 aaes to be 381-acres lots(+/-) residential lots. 30.7 acres to be open space.
Domestic Water: North Weld County Water
Irrigation Water: Windsor Reservoir
Sewer: Septic
Gas: Xcel Energy
Phone: Qwest
Electrical: Poudre Valley REA
School: Weld County School District RE-4
Fire: Windsor Fire Department
r Legal Status: Sole Owner is WIPO, LLC
29
27-6-40-COMPONENT ONE-ENVIRONMENTAL IMPACTS
NOISE—Vibration (27-6-40-611
No noise or vibration,which is offensive or detrimental to the residences of Falcon Ridge,will be
allowed. The Home Owners Association will have the ability to curtail any such noise or vibration.
Smoke.Dust Odors(27-6.40-B7.)
All roads within Falcon Ridge will be paved which will minimize dust. Minimal smoke will be expected
by way of Weld County approved fireplaces and barbecues contained with spedflcally designed
receptacles. The Home Owners Association will have the ability to curtail any offensive odors or air
pollution.
Heat.Light and Glare(27-6-40-63)
Standard building materials will be used on residences,which have a minimal reflective nature. No
reflective coating will be allowed on windows. One streetlight at the entrance is proposed and the
Homeowner Association will have the ability to regulate lighting at individual residence to prevent
disturbing adjacent properties,otherwise,public service will design,install,and maintain typical
streetlights.
Visual/Aesthetic Impacts(27-6-40-841
Residence Appearance—The residential density in Falcon Ridge is defined as very low. The
residential construction will be a traditional wood frame construction. The density and construction
type fit extremely well with the North Shores Subdivision to the south and Moriah Estates PUD and
Shiloh Estates to the east
There are a number of aspects of Falcon Ridge,which will help assure a well-maintained
neighborhood. All utilities will be underground. Restrictive covenants will be in place and all
construction within the development will require review by the Architectural Review Board.
Recreational vehicles and disabled automobiles will not be allowed to remain within the subdivision
unless enclosed within a sbvdure. No parking will be allowed on streets. Mature landscaping will be
required by covenants.
Entryway and Open Spaces—The entryway to Falcon Ridge P.U.D.will be very similar to Moriah
Estates to the east We feel this is an attractive entrance and by continuing it to Falcon Ridge P.U.D.,
we will create a continuity that will enhance the overall appearance of this area. Ample open space is
proposed as a buffer between HWY 257 and building envelopes.
Open space will be planted with smooth bronre grass hay,which will make aesthetically pleasing
green pastures and create open space between Falcon Ridge P.U.D. and other parcels of land,which
surround it.
Electrical Interference(27-6-40-85)
No electronic radio transmitters will be allowed except typical household appliances such as cordless
phones,garage door openers and cellular phone.
30
Water Pollution(27-6-40-06)
Initial investigation of the site raised some concerns from the Weld County Heath Department with
regards to possible ground water contamination from septic systems. Additional investigation of
ground water depth directly after the inigation season shows minimal ground water at depths less
than 9 feet and no ground water less than 7 feet. The small percentage of sites with some ground
water present will not require any spedal engineering under current Health Department regulations.
Waste Water Disposal(27-6-40-B7).
Falcon Ridge sewage disposal will be private septic systems. Please see additional information under
Service Provisions impact(27-6-50-810). All provisions have been made to enhance performing of
the ISDS to minimize any potential negative environmental impacts.
Wetland Removal (27-6-40-881
There are no existing wetlands on the property.
Erosion and Sedimentation(27-6-40-891
Erosion will be controlled using the information and guidelines contained in the Drainage report
prepared by Foundation&Soils Engineering.
Excavating.Minna.and Grading(27-6-40-8101
Over grading is not antidpated in the project. Normal excavation relating to home and road
construction is expected. When possible,soils removed will be incorporated Into the landscape plan.
Drilling.Ditddna and Dredaino(27-6 40-8111
No drilling,ditching,or dredging will be necessary in the construction of homes and roads.
Air Pollution(27-6-40-8121
Minimal air quality impact is expected. The Architectural Control Committee will have the authority
to control any offensive odors or smoke generated at residences.
Solid Waste(27-6-40-8131
Household garbage will be collected by one of the commerdal garbage collodion services on a
common schedule in efforts to minimize street maintenance.
Wildlife Removal(27-6-40-814)
There is a low impact to wildlife in the development according to the potential for Impact to Wildlife
Habitat map included in the Weld County Comprehensive Plan.
Natural Vegetation Removal(27-6-40-8151
r Vegetations on the parcel consist of alfalfa and noxious weeds,so no impact is expected.
31
Radiation/Radioactive Materials(27-6-40-6161
No radioactive materials in any amount may be stored or transported across the properties within
Falcon Ridge. Furthermore,except for propane tanks no gasoline, paint or any other toxic hazardous
or flammable materials shall be stored on any residential lot in quantities of 15 gallons or more
unless written approval is obtained from the Architectural Control Committee
Drinking Water Source(27-6-40-8171
Falcon Ridge drinking water shall be supplied by North Weld County Water District Please see letter
of commitment on page 39.
Traffic Impact(27-6-40-8181
Applicant has contacted Gloria Hice-idler with Colorado Department of Transportation and will meet
any needs that are required.A traffic impact study is currently being performed,but Initial
observations warrant minimal impact for the proposed amount of houses.
27-6-50-COMPONENT TWO-SERVICE PROVISION IMPACTS
$chools(27-6-50-811
eas
Falcon Rid
ge will be served by the Weld County School District RE-4. In response to Weld County
referral,the district has found no conflicts with Its interest. The districts comments were requesting
dialogue with developer regarding school bus stops,and the developer is willing to accommodate
school districts desires.
jaw Enforcement(27-6-50-821
Falcon Ridge will be served by the Weld County Sheriffs Department for protection and safety. The
Sheriffs Department currently serves Moriah Estates,which is adjacent to Falcon Ridge. No
additional patrols should be needed.
Fire Protection(27-6-50-831
Falcon Ridge will be served by the Windsor Fire Protection District
Ambulance(27-6-50-841
Ambulance service is provided by Weld County Ambulance. Additional emergency service is provided
by the Windsor Are District and Air Life of Greeley.
Transportation Circulation and Roadways(27-6-50-B51
Access to Falcon Ridge Is from Highway 257. Applicant is currently working with Gloria Nice-idler of
CD0T on requirements.
32
r—•
r-�
Traffic Impact(27-6-50-66)
Applicant will provide the required Traffic Impact Analysis upon approval of the change of zone.
Minimal impact is expected.
Storm Drainage(27-6-50-67)
Please see attached Exhibit B Statement and drainage report prepared by Foundation Engineering.
Utility Provisions(27-6-50-B8)
Please see letters of commitments from Xcel Energy and Poudre Valley REA on pages 45 and 46.
Water Provisions(27-6-50-89)
Water service will be provided by North Weld County Water District The water district has been
consulted and has evaluated the design of the water system to meet the requirements of residential
housing and the required fire flows. Please see the letter of commitment from North Weld County
Water District on page 39.
Sewage Disposal Provisions(27-6-50-610)
Sewage disposal at Falcon Ridge shall be privately owned and maintained septic systems. The duster
development of Falcon Ridge has mandated that careful thought and exploration be given to the
matter of sewage disposal. After consultation with the Weld County Health Department and Soil
Engineer Tom Finley,we believe we have developed a plan for sewage disposal,which shall insure all
health issues and space limitation have been addressed.
There are considerable advantages to the smaller lot size(1 acre)and large open space of Falcon
Ridge. However,space available of leach fields is a concern. It is important to note that although lot
sizes are approximately 1 acre,the density of Falcon Ridge is 2.0 acres per residence.
Soil investigations have been conducted on the proposed site of Falcon Ridge at 8 locations in a grid
work pattern,and 4 of these sites were appropriate to conduct Perc tests on. All 12 sites
demonstrated their ability to support standard septic systems under current County guidelines.
Although leach field size will vary,these tests show a maximum leach field size for a one or two-story
home with full basements. Our Septic Location Plan demonstrates a minimum of 6000 square feet
available as primary leach field sites on each lot. Alternating leach fields will be implemented in
order to minimize potential negative environmental impact.
Original soil investigations were conducted in August 2000 and showed some ground water on this
site. Further Investigation of ground water levels after the irrigation season will be conducted.
In summary,we believe that careful consideration has been given to the health issues and space
limitation and that the Septic Location Plan is a very workable solution. Allowing us to utilize the
benefits of duster development for residents of Falcon Ridge as well as residents of Weld County.
Please refer to Soil Investigation reports for additional information regarding the Subsurface and
preliminary percolation investigation dated August 10, 2000. The letter from State of Natural
33
r
Resources dated 9/18/00 stated there are no geologic conditions present that would predude
development".
Structural Road Improvement Plans(27-6-50-B11)
Structural road improvement plans will be completed prior to final approval.
27-6-60—COMPONENT THREE—LANDSCAPING ELEMENTS
Landscaoe Plan(27-6-60-81) •
To be provided at final approval phase.
intent of Landscaolno(,27-6-60-B2)
Landscaping within Falcon Ridge will have three forms,Formal,Informal and Privately Owned
Residences. The formal landscape will take place at the entrance of the subdivision on Highway 257.
To achieve some uniformity and consistency the formal landscape will be very similar to that
presently in place at Moriah Estates,which is adjacent to Falcon Ridge on the east side. The formal
landscape will consist of the following: Two brick or stone entry monuments with a sign identifying
the subdivision. These monuments will incorporate planting beds for a variety of plants. From each
monument,a fence shall extend north and south along Highway 257 from the entrance. Dedduous
and evergreen trees will be planted at various points along the grass-covered berms.
We believe this will define the entry to Falcon Ridge and be extremely compatible with Moriah
Estates to the east and proposed Assembly of God Church to the south. The open country feel it will
create is very consistent with these neighboring developments.
Informal areas of the open space will be planted with smooth brome grass hay. This will establish
pleasant green open spaces,which will create buffers between Falcon Ridge and its neighboring
subdivisions. This grass is low water tolerant"eliminating the need for artifidal watering devices.
Privately owned residences—Each residence within Falcon Ridge will be required by covenants to
establish formal landscaped yards. Each lot owner will have the ability to create landscape designs of
their interest and taste,but each will have minimum standards required by covenants and must also
request approval of all landscaping by the Architectural Review Board of Falcon Ridge,similar to
adjacent Moriah Estates covenants.
Maintenance(27-6-60-B31
Formal landscape areas will be weeded,cleaned,mowed and maintained by the Home Owners'
Association. It is expected the Home Owner's Association will contract with a landscape maintenance
contractor who will mow the grass on the west side of the fence on a regular scheduled as well as
maintain,dean,and weed flower beds.
Informal areas—These areas are to be planted with grass hay. Maintenance will consist of
harvesting of the hay once,or twice,a year.
Privately owned residences shall be required by covenants to be maintained in a neat and orderly
�^ fashion. The Architectural Review Board will have the authority to enforce covenant requirements.
34
Proposed On-Site improvements Agreement(27-6-60-B41
An on-site improvements agreement for the landscaping will be submitted at the filing of the final
plat.
Water Supmly(27-6-60-B5)
North Weld County Water District shall supply water for the sprinkler system to water the formal
landscape.
27-6-70—COMPONENT FOUR—SITE DESIGN
Tomography&Irriaation Ditches, Unioue Site Factors(27-6-70-811
The site for Falcon Ridge slops gently east and to the south. The main topographical feature is the
Windsor Reservoir Outlet Canal which boarders the southeast property line. Them is another
irrigation ditch,which cut across this site,which will be abandoned. Lake Canal and Windsor
Reservoir Canal Outlet border the property on the east and south. Windsor Reservoir and Lake Canal
agreed to take the runoff traditional from stonn drainage purposes. Blanket easements will be
created for the benefit of ditch maintenance.
The Windsor Reservoir Outlet Canal is a large ravine approximately 60'wide and 10'deep.
Comprehensive Plan Goals(27-6-70-821
Falcon Ridge P.U.D.is considered an Urban Scale Development. Consequently,the Comprehensive
Plan states that Urban Scale Growth should take place In dose proximity to existing munidpalities.
Falcon Ridge is adjacent to other P.U.D.s such as Noriah Estates and Shiloh Estates subdivisions,
which prevents non-urban scale development Agricultural Goal 3. "Discourage
residential...development which is not located adjacent to existing incorporated munidpahties."
Urban Growth Boundaries Goal 2. "Concentrate Urban Development in or adjacent to existing
munidpalities.." The Weld County Planning staff has raised the issue of whether Falcon Ridge P.U.D.
is located within the Urban Growth Boundary of the Town of Windsor. By county guidelines,Falcon
Ridge P.U.D. Is not,due to the lack of an Intergovernmental agreement with the Town of Windsor.
According to the recently adopted Comprehensive Plan of Windsor,Falcon Ridge P.U.D.is within their
Urban Growth managed area. It is our position that with regards to consistency with the goals of the
Comprehensive Plan,this is a non-issue because Falcon Ridge P.U.D. Is directly adjacent to a
munidpality as required by the Comprehensive Plan.
Weld County Comprehensive Plan Agricultural Goal 1 mandates preservation of prime farmland. We
believe this parcel of land fits the definition of no-prime farmland given in the Comprehensive Plan.
"Non-prime farmland is low capability land that is not considered important land for food production.
It may be composed of poorer soils prone to erosion or may have topographical limitation such as
slopes or gullies." The reasons we believe this parcel of land is not mandated to be preserved as
prime farmland are as follows:
5. This parcel the present time is divided into smaller fields making it difficult to
T
Y
6. Of the total acreage,none is currently being farmed. This is due to the fact that
r-- lack of irrigation water and drought conditions have produced such low yields it is
not effective to farm.
35
7. Soil survey maps provided by Soil Conservation District depicts the soil on this
property as having moderate yields.
8. Please see the letter from the former farmer of this property,Manuel Pineda.
(Please see Exhibit A)
The Comprehensive Plan mandates residential development"should pay Its own way"and ensures
that adequate public services and fadiities are available. Falcon Ridge P.U.D.will be responsible to
install all fadlities and have included herein statement from Utility providers as to their ability to
provide these services. The one exception to this is public sewer. Sewer service at the present time
is approximately 2 miles South of this site. It is our belief that sewer service may never by accessible
to this site due to a number of already completed residential subdivision between this site and the
sewer service. All of these subdivisions rely on septic systems for sewage disposal.
With regards to county services needed at Moriah Estates. The Weld County Sheriff currently
provides service to Shiloh Estates and Moriah Estates P.U.D.,which is adjacent to Falcon Ridge P.U.D.
on the east Minimal additional effort would be required to service Falcon Ridge P.U.D.as well. Fire
and Ambulance service are also responsible for a number of residential subdivisions in dose
proximity.
It is our condusion that Falcon Ridge P.U.D. fits very well within the Weld County Comprehensive
Plan. It is urban scale development taking place directly adjacent to a munidpality Involving land
that is only marginally productive as farmland. All services for Falcon Ridge P.U.D. are available
effldently and it is a development that is much the same as developments that have and continue to
take place in this area.
Uses Allowed(27-6-70-631
Falcon Ridge is requesting a zone of P.U.D. District Land uses within Falcon Ridge consist of
residential lots and open spaces. Falcon Ridge is expected to attract residents who have an
appredation for a rural setting. The Open Space primary purpose is to ovate an aesthetically
pleasing environment for the residents of this area. A secondary benefit of the Open Space will be its
use to produce grass hay. Each resident will have a direct interest on the preservation and
maintenance of this Open Space. It is our belief that this involvement will go a long way to mitigate
potential conflicts between the different land uses.
PUD Uses vs.Surrounding Uses(27-6-70-841
Land uses of Falcon Ridge are extremely compatible with the Moriah Estates residential subdivision
directly east of Falcon Ridge. Moriah Estates is a P.U.D. zoned E(Estate). As for agricultural
interest to the North,it is our hope and belief that Falcon Ridges'own small agricultural interests will
foster an appredation for those who make a living from improvements to the land. The natural
barrier of the Windsor Reservoir Outlet Canal on the southeast side of Moriah Estates also affords
some separation between this and other residential land. Agreement with ditch companies(please
see page 42),as well as working within the covenants included herein should help avoid potential
conflicts.
Flood Hazard.Geologic Hazard or Airuort Ovedav(27-6-70-851
Not applicable.
T
36
27-6-80—COMPONENT FIVE—COMMON OPEN SPACE USAGE
Common Open Since(27-6-80-02)
Falcon Ridge will have a total of 30.7 acres dedicated to open space. That is 43.25%of the total
acreage of this parcel will be dedicated to open space owned and maintained by the Homeowners'
Association.
The majority of open space will be planted in grass hay. This has been the prominent crop of late
years,and has performed reasonably well under drought conditions. The primary purpose of these
fields is to provide attractive enjoyable views,buffers from other subdivisions in the area and
increase the quality of each residence.
The use of open fields and harvest of the grass hay will lend itself to a number of secondary
advantages such as providing common maintenance buffer to ensure aesthetically pleasing views and
providing for wildlife habitat Grass hay fields can provide shelter and forage for a number of small
mammals,fowl and birds.
In general,the Homeowners'will receive many benefits from these open fields,and they will have
the means by which to see they are maintained and productive. In addition,there will be 0.49 acres
set aside for entrance monument and formal landscaping. -
27-6-90—COMPONENT SIX—SIGNAGE
There will be no signs except traffic signs,small address signs,and standard real estate signs allowed
within Falcon Ridge. The entrance monument will contain signage announcing Falcon Ridge.
27-6-100—COMPONENT SEVEN—MUD IMPACT
Not applicable.
27-6-110—COMPONENT EIGHT—INTERGOVERNMENTAL AGREEMENTS IMPACTS
No intergovernmental agreements are In place with regards to this parcel.
s-.
37
WIPO, LLC
A Colorado Limited Liability Company
1600 West lorsetooth Road,Fort Collins,CO 80526 970-226-2046
Exhibit B
August 4, 2005
Drainage Report for Proposed Falcon Ridge P.U.D.
To Whom it May Concern:
Following is a Drainage Report prepared by Foundation Engineering for Moriah
Estates P.U.D. The Proposed Falcon Ridge subdivision is adjacent this parcel, and
is of similar size,topography, and improvements. It is therefore likely the
drainage patterns will be similar. The historic infiltration to the Windsor Reservoir
Canal Outlet will be minimally increased, and the Board Members stated a
willingness to accept these runoffs with an engineered detention and discharge
system. Upon approval of the Change of Zone and concept plan, a formal
drainage plan will be initiated for this particular site.
DRAINAGE REPORT FOR
MORIAH ESTATES P.U.D.
WELD COUNTY, COLORADO
Prepared for
Integrity Builders
35325 Cornerstone Way
Windsor, Colorado 80550
November 3, 1998
Commission No.: 1821-05-01-04
Prepared By
FOUNDATION ENGINEERING
CONSULTING ENGINEERS, LTD.
5110 Granite Street
Loveland, Colorado 8O538
MORIAH ESTATES _ _ 4a
INTRODUCTION
This Drainage Report is being prepared for the development of the proposed Moriah Estates P.U.D.
to be constructed in Weld County,Colorado. The site is situate in the Southwest Quarter of Section
4,Township 6 North, Range 67 West of the Sixth Prime Meridian, Weld County, Colorado. More
specifically, the site is along the north side of Weld County Road No. 72, between State Highway
257 and Weld County Road No. 19. This site is currently undeveloped. Refer to the vicinity map—
on the subdivision plat.
HISTORIC FLOWS
This site is bordered by County Road No. 72 on the south side,by undeveloped property to the north
and west, and by Shiloh Estates to the east. Historic flow on this site is generally from east to west
where the runoff flows into the Windsor Reservoir Outlet and a lateral ditch of the Windsor
Reservoir Outlet. An existing ditch located along the east side of the proposed developed area
intercepts any flows from Shiloh Estates to the east.
PROPOSED DRAINAGE IMPROVEMENTS
No drainage improvements are planned for this site. Calculations are provided showing that the
imperviousness of the site will be increased from 0.20 for the undeveloped site to 0.2406 for the
developed site. This is calculated with approximately 3,300 square feet of rooftop for each lot
1
MORIAH ESTATES 4.7
(residences and outbuildings)and the asphalt roadways(see subdivision plat). The proposed asphalt
roadways will have borrow ditches on either side with twelve (12) inch diameter culverts at
driveways. The culverts will convey all intercepted flows to the ends of the two (2) cul-de-sacs
where the runoff will flow to the Windsor Reservoir Outlet. A swale comparable to the borrow
ditches shall be constructed in the drainage easements from the end of the cul-de-sacs to the Windsor
Reservoir Outlet. It is our opinion that the increase in runoff will not be significant as a result of this
development (approximately 20%) and will require no mitigation. The owners of the Windsor
Reservoir Outlet should be made aware of this increase.
CONCLUSIONS
I. The site does not sit in a regulated flood plain and is not subject to severe flooding problems.
2. Runoff on this site will not be significantly increased as a result of this site being developed.
HISTORIC INFILTRATION
Total area of site =64.88 acres
Undeveloped runoff coefficient C = 0.20
DEVELOPED INFILTRATION
Area of residences and outbuildings= 1.82 acres (2.81% of site)
Area of proposed road= 1.69 acres (2.60% of site)
Developed Coefficient of Infiltration
C =0.2(0.9459) +0.95(0.0541)=0.2406
(This will result in an approximately 20% increase in runoff.)
2
MORIAH ESTATES 40
EROSION CONTROL •
Straw bale dikes should be used to prevent erosion during construction. The dikes should be
constructed every 200 feet along the sides of the new roadways and drainage swales. Native grasses
should be re-seeded along the affected areas on each side of the roadway. A minimum of ten(10)
linear feet of the drainage swales shall be lined with six(6)inch rip-rap at the outfall to the Windsor
Reservoir Outlet to prevent erosion. Additional erosion control measures should be addressed for
each residence to be constructed at that time. All erosion control measures should be constructed--
per the pre-approved standard Weld County details.
•
MORIAH ESTATES 19
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Deperhnent.of Public works
111 H Street P.O.Box 758„ Greeley,Colorado 80832
r Phone: (970)358-4000,Ext.3750 Etc (970)3048497
Road Rle#: Date:
RE#: Other Case*
1. Applicant Name WIEO. LIC Phone (9701 226-2046
Address 1600 Harm:tooth Rnad City rt. Collins Stab m Zip Rl526
2. Address or Lotion d Access 35148 Mai-sway 257
Section 4 Township 6N Range 67W Subdivision Block Lot
Weld County ty Road#: 72 Side of Road HWY 257 Distance from nearest intersection 618.38'
3. Is there an esistlng accesses)b the property? Yes�j No #of Accesses2
4. Proposed Use:
❑ Perrrrerront ❑ ReeidenbaUAgrialhsai ❑ incluskial
❑ Temporary ® Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for ACCESS Desorption:
AG = Agricultural . \�
RES = Residential �-
O&G = O®6 Gas
r- D.R. = Ditch Road PDD
= House AG
O = Shed
/iii/ '!-
A =Proposed Access S J.
,,,•
♦ =Bdsiktp Accessr ?,,
Ni °CAT p
•
OFFICE USE ONLY:
Road ADT Date Accidents Dab
Road AOT Dab Accidents Date
Drainage R Cu5 Length
Special Co
B ❑ Installation Authorized ❑ hdom lion insufficient
Reviewed By: Ti
38
WIPO, LLC
A Colorado Limited Liability Company
1600 West Aorsetooth Road,Fort Collins,CO 80526 970-226-2046
August 5, 2005
Sheri Lockman
Department of Planning Services
Weld County Administrative Offices
918 10th Street
Greeley, CO 80631
RE: Falcon Ridge Planned Unit Development
(formerly Potomac Hills)
Legal: Lot B of 2"d AmRE-1452, being part of the SW 'A of S4, T6N, R67W, of
the 6th P.M., Weld County, Colorado
Dear Ms. Lockman:
At the recommendation of our attorney, David Wyatt of Wyatt and Wyatt, LLC. it
is advised that we do not notify the mineral owners of the pending rezoning
until the meeting/hearing has been set. This will provide the mineral owners
with the necessary information that would be of concern. We will accommodate
the requests and concerns of the mineral owners through an agreement that will
be prepared by our attorney or provide evidence that an adequate attempt has
been made.
Should you desire you could contact our attorney, David Wyatt at (970) 484-
1112. Please let us know if you require any additional information.
Sincerely,
Julie Sullivan
41
THE DOW LAW FIRM,LLC
ATTORNEYS AND COUNSELORS AT LAW
TIMOTHY J.DOW,MBA,JD P.O.BOX 1578 8 7 CLOCK TOWER SQUARE
PATRICIA T.DOW,CPA,JD,LISP FORT COLLINS.COLORADO 80522-1578 323 SOUTH COLLEGE AVENUE
(970)498-9900 FORT COLLINS,COLORADO 80524
MAYO SOMMERMEYER,
LAWYER,LLC" OF COUNSEL FAX: (970)498-9966 •ALSOAmmmtorwcnce LAW NNEBRASKA
E-MAIL-MAILdow@dowlawfrm.wm ••ALSOAPo0Y1®iONACOL4 LAM IN WYOMING
June 7,2005
WLPO, LLC
do Bret Larimer
1600 W. Horsetooth Road
Fort Collins, CO 80526
Re: Falcon Ridge PUD
Dear Mr. Larimer:
At a regular Board meeting of the Windsor Reservoir & Canal Company, you appeared
and presented a proposed plat of the Falcon Ridge PUD involving a subdivision that generally
lies northeast of the Springer Ditch and east of Highway ghway 257 in Weld County. I represent
Windsor Reservoir&Canal Company(WRCC),which is the owner of the Springer Ditch.
We are particularly concerned about any stormwater and developed stormwater runoff
that would enter the Springer Ditch. I understand that the surface water that lays generally east
of a ridge which bisects the property has historically entered the ditch and will continue to do so. ,
However, from talking to you, you indicate that there are going to be two ponds on the property
adjacent to our ditch, one up in the far northeast corner and another one in the open area just
south of Lot 10. These are proposed to be detention ponds and I understand will discharge
accumulated surface and stormwater into our ditch by way of some form of structure.
We very much understand the issues that surround historic flows. However,subdivisions
do change this and we are particularly concerned when activities are undertaken to deal with fie
surface water runoff other than in the pure historic fashion in terms of volume, rate, and L
concentrated point of discharge into the ditch.
It is the policy of WRCC to generally allow structures to discharge water into the ditch
provided that we know precisely what's going to happen, see drawings on the structures
themselves which can be approved by our engineers, and we make a one-time charge, currently
at the rate of 81,100 per cfs based on the design rate of inflow into the ditch. The developer is
also required to reimburse the Reservoir Company for any out-of-pocket expenses for legal
counsel to review and deal with the issues, as well as any engineering costs that may be incurred.
These matters will be reduced to an agreement prior to WRCC moving forward.
42
What we will need to see in order to further review this project is a drainage plan. We
are primarily concerned with the amount of water that will be detained in the respective ponds,
the specific design, layout and location of discharge structures into the ditch, and the rate of
controlled discharge from the ponds into the ditch.
Thank you for your consideration of these matters and we look forward to hearing from
you in the near fixture.
Very truly yours,
MAYO SOMMERMEYER,LLC
en-O
Mayo Sommermeyer
MS/jrr
cc: Donn Engel
Mark Oberschmidt
Northern Engineering Services
420 S. Howes Street, Suite 202
�-� Fort Collins, CO 80521
87/Z7/05 22:28::: Landfill P--nectilnr> 978 226 Z897 889-Zf'1111 Page 002
Report Date:06/02/2005 08:33AM WELD COUNTY TREASURER Page:1
CERTIFICATE OF TAXES DUE CERT 0:12381
SCHEDULE NO:R7129398 ORDER NO:TNFC1019
ASSESSED TO: VENDOR NO:5
LARIMER BRET LTD DATA TRACE
1600 W HORSETOOTH RD 7340 E CALEY AVE STE 330
FT GOWNS,CO 80526 ENGLEWOOD CO 80111
LEGAL DESCRIPTION:
LOT 8 AMD RE-1452 PT SW4 4 6 67 (1.37R)SITUS:35148 267 HWY WELD
PARCEL: 080704300046 SITUS ADD: 35148 267 HWY WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 61160 0.00 0.00 611.60 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 08/02/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0430-
Authority MIN Levy Amount Values Actual Assessed
WELD COUNTY 19.957 136.50 AGRICULTUR 23,592 6,840
SCHOOL DIST RE4 52.964 362.27
NCW WATER 1.000 6.84 TOTAL 23,592 6,840
NWC WATER 0.000 0.00
WINDSOR SEVER FIRE 5.209 35.03
AIMS JUNIOR COL 8.328 43.28
WINDSOR LIBRARY 3.546 24.25
WEST GREELEY CONSERVATION 0.414 2.83
_______
TAXES FOR 2004 89.418 811A10
FEE FOR THIS CERTIFICATE --I0.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR 1O ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX DEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or Improvements assessed under a separate account number,personal property laxes.
transfer tax or mite tax collected on behee ot other emetes,special or best Improvement district assessments or
MOOD homes,unless specifically mentioned.
I.the undersigned,do hereby caddy that the entire amount of taxes due upon the above descrbed parcels of real property and a
oulstatding sales for unpaid taxes as shown by the records in my dace from Mich the seine may MME be redeemed with the an ounl
reotdred for redemption are as naiad herein.In witness whereof,I have hereunto set my hand and seal this 02nd day of June.2005.
TREASURER,WELD,DONALD D.MUELLER,BY:
P.O.Box 450
Greeley,CO 80632
(970)353-3845 ext.3290 (/Jl_,.-„--
r
43
Request to proceed to Final Approval phase
This PUD Modified Sketch proposes an urban scale development of 38 Planned Unit
Development residential lots and Thirty acres of open space on approximately 71 total
acres, with an overall density of one unit per two acres. Since the project will be served
by individual sewage disposal systems (ISDS), the project is not consistent the
guidelines set forth by the Weld County Public Heath department of one unit per two and
one-half acres. This is the only concern of substance by referral agencies, and the
Applicant has addressed the matter as follows:
First, The adjacent Moriah Estates PUD, one-acre lots serviced by ISDS, set precedence.
The Moriah Estates density calculation includes approximately twelve acres of Windsor
Reservoir Canal Outlet. Weighting our proposal similarly produces a comparable density
to Moriah Estates. Second, the Applicant has stated that not only will leach fields be
oversized; additional easements will be created to construct backup system should the
first system fail. The H.O.A. covenants will also contain language providing for reserves
to monitor the performance of the neighborhood systems periodically by a qualified soils
engineer. Finally, the guideline is an arbitrary standard, and not supported by any
engineered calculation. Surrounding communities and counties set standards at two
acres per unit, which is adequate. This PUD is attempting to satisfy comprehensive plan
goals of providing a unique and creative "cluster" type residential neighborhood.
The project does not lie within any overlay districts, and does not contribute to
Agricultural economics. There are no intergovernmental agreements between Weld
County and the Towns of Windsor or Severance that would preclude development.
Surrounding PUD's prevent non-urban scale development. The adjacent parcel is
currently proposed before the Weld County Planning Commission. The proposed use is
compatible with surrounding uses, and will not disrupt neighboring PUD's. Dwelling
47
units will be similar to contiguous Moriah Estates PUD so that property values are not
affected in a negative manner.
Since policy states development is expected to contribute by minimizing the costs to
Weld County taxpayers, an economy of scale per development must be established. The
fewer units permitted in this development the less property tax, road maintenance, school
fees, etc. will be received by the County to support development. The modified plan
reduces road maintenance needs be over an acre, and increases open space by fifteen
acres. The Applicant has displayed a voluntary willingness to modify the original sketch
plan to accommodate the desires of Staff and Referral Agency comments. Therefore, the
Applicant respectfully requests the Planning Commission support the modified PUD by
approving the Change of Zone and allowing the Applicant to proceed to the Final
Approval phase.
r
r-,
48
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