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Home My WebLink About20060203.tiff REFERRAL LIST NAME: Bret Larimer CASE NUMBER: PZ-545 COUNTY TOWNS and CITIES Attorney Ault Legal _Z_Health Department Brighton Extension Service Broomfield Zone Dist Emergency Management Office Dacono _Z_Sheriff's Office Eaton FP Public Works:_Z_ Erie _Z_Code Compliance-Ann Evans Panel# Airport Authority Firestone _Z_Building Inspection Fort Lupton Airport Frederick STATE Garden City Geo Haz _Z_Division of Water Resources Gilcrest Geological Survey Greeley Pin# Department of Health Grover _Z_Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie _Z_East of 1-25(Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 _Z_Severance Galeton F-6 Thornton Hudson F-7 _Z_Windsor Johnstown F-8 La Salle F-9 COUNTIES Mountain View F-10 Adams Milliken F-11 Boulder Nunn F-12 _Z_Larimer Pawnee F-22 Broomfield Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 _Z_US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration _Z_Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _Z_North Weld County Water District _Z_Greeley _Z_Town of Windsor Sanitation Longmont _Z School District: RE-4 West Adams _Z_Windsor Reservoir Ditch Company UNION PACIFIC RR COMMISSION/BOARD MEMBER _Z_ERICH EHRLICH EXHIBIT I 117 2006-0203 '.nn ia ll Weld County Referral WilkAugust 30, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Bret Larimer Case Number PZ-545 Please Reply By September 27, 2005 Planner Kim Ogle Project Change of Zone from Agriculture to PUD- Estate for 38 residential development with 26 acres more or less of open space located outside of an IGA or UGB; North of the Town of Windsor Legal Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to SH 257 and Y:mile south of CR 74. Parcel Number 0807 04 300046 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) November 1, 2005 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Q We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: / 1 Rr.rd . L . kl , ,r .V rrr c ,' i)i° c (.-LJ h_ , F 1 i _- . Signature �'. Date _-�., _ Agency EXHIBIT +Weld County Planning Dept. ❖918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ❖(970)30 I /� 41a " Weld County Referral August 30, 2005 WilC. . COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Bret Larimer Case Number PZ-545 Please Reply By September 27, 2005 Planner Kim Ogle Project Change of Zone from Agriculture to PUD- Estate for 38 residential development with 26 acres more or less of open space located outside of an IGA or UGB; North of the Town of Windsor Legal Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to SH 257 and 'A mile south of CR 74. Parcel Number 0807 04 300046 'n r The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) November 1, 2005 D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. S‘See attached letter. Comments: Signature CNN>: cr Date 0\_( _ D5 Agency \,-J V T.C. EXHIBIT +Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6- } I o C O a) a) a) m a) O o E s 1n°) C O i a) co O 71- a) < E o mo O o E c ca o >, u) � J � ZZ >- >- Z >- Z 2 ccD �+' ) > C Y = C o o _C • 0 I- 'a a C U 0O E) C 3 -0 Q N it a) r .c L .C L t ca '- � Q a) rnrn _mrnrn � oTzt- Q (l) CO 0) (I) co Cl) U) O ca •` (I) _ N c r U Q — ,, O1 a c N a) ,c O P. a) El _ E 5 > p1 u) o C N O 03 •- o .C O CoC (7) u) — iii co a) r-. C 3 . N p r� CO 2 CD C N a) o (p .5 (-O .- °' E c 1.O U L - Q) CD CO CO >, C) 0 a5 cu a) t v1 a) 0.; 0 3In > .mo) a) � o U p a) o Q, N CO V) () C) "0 C O).-- C co TA _O C o a) 0 a) •' t E a) 3 . a1 a) _ t a o C p 3 a ai m.m CD D cn (n (n wo C U co t 3 ° Y c cY' om a) n ° n G L U a) L t L . L L a) `O 0 cu x >i °) u) o) o) a) rn E >. O co W u) u) u) u) u) u) (n E m ° U 7 (0 L () E - cn E -I-. 3 N U O O 0 O a) E ,., E t >, 0 F- N p aJ c m JQ `n o mom, CO —I oIP v N N � w $ cEcocu = c z CD cU) ; aj a) U Y a) Z _co 0 ) u, E C cn a.= g E E E c m (7 Ov U - a) Z (5 N QQYYYOo c0 g o -v Vi O 1` NM 4N a) t O ( 'Q‘ C C ja MMM � M n0 r d a co UQ Isa) m - II— ID1, • Applicant: Bret Larimer Planner: Kim Ogle Case#: PZ-545 R/ 33 47 a 32 +` 33 I \ 47 Alk 52 � � 32 33 0.4 0 0.4 0.8 Miles Weld County Referral Map Highways 1 Major Roads ' N Local Roads ��T \ _ f V Railroads yy �\ E A/ Streams&Ditches Lakes Floodplains S /£��F DEPARTMENT OF THE ARMY \ CORPS OF ENGINEERS,OMAHA DISTRICT A r.• N DENVER REGULATORY OFFICE,9307 S. PLATTE CANYON ROAD ')4 LITTLETON,COLORADO 80128-6901 sue,. ttoe Weld County Planning Department GREELEY OFFICE Kim Ogle SEP - 8 2005 Weld County Planning Department RECEIVED 918 10th Street Greeley,CO 80631 RE: Bret Larimer Planned Unit Development, Case No. PZ-545 Corps File No. 200080579 Reference is made to the above-mentioned project located in the SW '/4 of Section 4, Township 4 North, Range 67 West, Weld County, Colorado. The project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation associated with a dredged and fill project, in waters of the United States which may include ephemeral, intermittent, and perennial streams, lakes,ponds or wetlands. Based on the plans presented, this project will not require a Department of the Army (DA)permit. Although a DA permit will not be required for the project, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed. If there are any questions concerning this matter, please call Mr. Terry McKee of this office at 303-979-4120 and reference Corps File No. 200080579. Sincerely, Timot T. 1 arey Chief, I r Reg latory •ffice tm EXHIBIT 24 -rte Weld County Planning Department GREELEY OFFICE MEMORANDUM SEP 1 5 2005 RECEIVED W� ' TO: Kim Ogle, Planning Manager DATE: 15-September-2005 �• FROM: Robert Jacobs, E.I., Public Works De COLORADO SUBJECT: PZ-545 Falcon Ridge PUD(Zone Change) Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments General Comments: ❑ The Falcon Ridge PUD Subdivision is planned for up to 38 single-family residential building sites. External Roadways: ❑ This development will introduce 363 additional vehicle trips per day to the off-site roadway system based on 38 single-family residential homes(or 426 additional trips per the Traffic Study). ❑ The proposed subdivision will be accessed from SH 257. o The applicant shall be required to provide evidence to Public Works of the CDOT access permit prior to the change of zone hearing before the Planning Commission. o State Highway 257 is not maintained, nor is it in the jurisdiction of, Weld County, and as such an off-site improvements agreement will not be required with Weld County. o A copy of the Traffic Study, as prepared by Gary N. Grigsby, P.E. & P.L.S. (Colorado PE #35170), dated August 2005,has been submitted to Public Works and is acceptable at this time. • No off-site improvements have been required,per the Traffic Study mentioned above. Internal Roadways: ❑ Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty(60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The cul-de-sac edge of pavement radius shall be fifty(50)feet. o The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat o The right-of-way for the internal roadways shall be shown on the change-of-zone plat. o Maximum 1,500-foot block length has been exceeded in the South loop of the internal roadway. Public Works suggests the use of an eyebrow turn-around between blocks 35 &36. If the applicant does not wish to install a turn- around,the local emergency response districts shall be contacted and shall approve the proposed configuration. ❑ The applicant shall prepare a pavement design prepared by a professional engineer submitted with the final plan materials. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. ❑ Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 3%Y feet in height at maturity,and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction&grading plan drawings for review with the final plan application and approval. Construction details must be included. EXHIBIT ---------- Page 1 of 2 I ❑ Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing plan. ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording any final plat. Drainage• ❑ The drainage report submitted by the applicant does not fulfill the minimum code requirements (Weld County Code, Section 24- 7-110, and per sketch plan comments by Public Works staff, dated August 25, 2000), and shall be re-submitted to Public Works prior to the change of zone hearing before the planning commission. ❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application materials. o The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The engineer will be required to show stormwater(detention)detailed calculations in the sealed final drainage report. o The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FIRM map. o The applicant must show the proposed detention facility and corresponding easement on the final plan materials. The maintenance of the detention pond shall be addressed. o The drainage report shall address the concerns expressed by the ditch company in the letter submitted with the change of zone application (by The Dow Law Firm, LLC on behalf of the Windsor Reservoir & Canal Company, dated June 7, 2005). ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. These plans (stormwater management plans)may be based on Urban Drainage methodology. Recommendation ❑ The Public Works Department recommends approval of this change of zone based on the above observations, and conditional upon the above requirements. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Any issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final ply PC: PZ-545 Falcon Ridge PUD(Zone Change) -- Email&Original: Planner: Kim Ogle PC by Post: Applicant: WIPO, LLC PC by Post: Engineer: Northern Engineering Services, Inc. Page 2 of 2 _ Windsor-Severance `'' Fire Protection District AMMik September 13, 2005 Weld County Planning Department 918 10th Street Greeley, Co 80631 Attn: Kim Ogle Re: PZ-545, Falcon Ridge, PUD The following conditions shall apply to this proposed Thirty Seven Lot Development project. 1. Minimum hydrant flows shall be 1000gpm at 20 psi minimum for homes up to 3600sq. ft. and anything larger than this shall comply with Table B105.1 of the 2003 IFC. A reduction in fire flow of 50% is allowed when the structures are sprinklered. 2. Hydrants shall be 300' from structures and 600' spacing maximum. 3. Water mains supplying hydrants shall be looped whenever possible and be a minimum of 8" in diameter. 4. All hydrants shall be in place, tested and operational before any combustible material is brought on-site. Records of inspection and approval of the fire hydrants shall be provided to the fire district before any building permits are issued. 5. All hydrants shall have (5) sided operating nuts on bonnet and caps. Left rotation- operating nuts to open hydrants. 6. A water model or plan shall be submitted to the Windsor-Severance Fire District for review and approval. 7. Cul-de-sacs over 600' in length must have a secondary access system in accordance with NFPA-13D/R. If this cannot be achieved the developer shall propose a viable alternative. 8. Cul-de-sacs shall have a minimum of 50' turning radius. A B-40 turning template shall be used to determine adequate turning radiuses. 9. All roadways shall have an approved all weather driving surface capable of a design wheel load of 18,000 lbs (80,000 lbs GVW) (H2o loading). 10. Current District street standards provide that all streets less than 28' shall prohibit parking on both sides of the street with "NO PARKING FIRE LANE" signs on both sides of the street. 11. Secondary Emergency Access easement shall be gated/chained and provided with signs at both ends designating it as "Emergency Access Do Not Block" and shall be designed to the same specs as item 9 above and shall also be maintained all year long. EXHIBIT ph 970.686.9596 • fa 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.w I a • 12. When construction of new homes starts Addresses, Street Names and Signs shall be posted. 13. Before the issuance of building permits the developer shall provide the fire district with a CD-ROM of the Street layout, Hydrant layout, Street Names, lot lines and addresses. This shall be put in a specific format so that we can get this information placed within our map books. The specific format is being provided as an attachment to this letter. If you have any questions, please feel free to call me at 686-9596, EXT 305. Cordially, �f�"— Captaincfaike L Davis Fire Prevention Division //c2-6? Weld County Referral 94-11 I64-;---, Weld County Planning Department 1( t \ GREELEY OFFICE August 30, 2005 SEP 19 2005 COLORADO' RECEIVED CD0T R:;yoa 4 Tr;:'.i:So:r s• The Weld County Department of Planning Services has received the following item for review: Applicant Bret Larimer Case Number PZ-545 Please Reply By September 27, 2005 Planner Kim Ogle Project Change of Zone from Agriculture to PUD- Estate for 38 residential development with 26 acres more or less of open space located outside of an IGA or UGB; North of the Town of Windsor Legal J Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to SH 257 and 1/2 mile south of CR 74. Parcel Number 0807 04 300046 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) November 1, 2005 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: ' 0 � �t _ g=rOr__•' �„�, I dim re -HA)._ ti p it boon , `Tra. & qt. c� .,e � air +-O kit 50/50. -Di5fi"I bt,L -icni stno-L-td re-FiI f 'son& . Signature affLA n (-Qi - (a_ Date i/(5/03! Agency CDOT i° -c.CUSS EXHIBIT ❖Weld County Planning Dept. •918 10"Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 +(970)304 I Larimer - PZ-545 Page 1 of 1 Kim Ogle • From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Wednesday, October 26, 2005 2:39 PM To: Kim Ogle Cc: larimerlpd@msn.com Subject: Larimer- PZ-545 Kim, I have been working with Bret Larimer on the above Change of Zone. CDOT has agreed to allow an access to this parcel, however specific details concerning the access design are still being discussed. Mr. Larimer has been instructed to submit an application and I anticipate receiving in the very near future. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 10/27/2005 , res t O DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 WilliPHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 C. SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO COLORADO PHONE (720)652-4210 ext. 3 8730 FAX(720)652-4211 September 26, 2005 Bret Larimer Change of Zone from Agriculture to PUD-Estate for 38 residential development with 26 acres more or less of open space located outside of an IGA or UGB: North of the Town of Windsor. PZ-545 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential 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. 5. 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 the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International 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 23 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. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Sinc rely, EXHIBIT oger Oigil L� I �O Building Official —�_- OCT-03-2005 MON 09:56 AN WINDSOR SCHOOL DISTRICT FAX NO. 970 686 5280 P. 02 WELD COUNTY RE-4 WINDSOR,COLORADO 80550 Phone:970-686-8000 Fax;970-686-5280 Memo To: Kim Ogle/Bret Latimer Prone John Karbula c Date: 10/3/DS Re: Falcon Ridgs PUD(formerly Potondc lit PUD) In keeping with our standard practice,the Weld School District RE-4 would see the following impact 38 units—Cash in lieu of land dedication @$1,214.57=$46,153.66 Transportation—We would require a pickup spot for students. Our busses require an 80 oot turning radius. Given the plans,we would request that this pickup spot be located at the main entrance to the development off Hwy.257. Student safety would require this pickup spot to be located within the boundaries of the development. In addition,we would request the construction of an all-weather shelter for this pickup spot,to provide cover from inclement weather while waiting for a bus. Should there be any further questions,please do not hesitate to contact me. EXHIBIT •Page 1 ', STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe co� ^'-Division of Water Resources 3epartment of Natural Resources t; 1313 Sherman Street, Room 818 Denver,Colorado 80203 "r876 Phone(303)866-3581 FAX(303)866-3589 September 30, 2005 Bill Owens www.waterstate.co.us Governor Russell George Mr. Kim Ogle Weld County Planning Department Executive dire or Weld County Planning Department GREELEY OFFICE Hal D.Simpson,P.E. 918 10th Street State Engineer Greeley, Co 80631 OCT X 5 2005 Re: Falcon Ridge PUD(Potomac Hills PUD) RECEIVED Case No. PZ-545 SW1/4, Sec. 4,T6N, R66W, 6th P.M. Water Division 1,Water District 3 Dear Mr. Ogle: We have reviewed the above referenced proposal to subdivide a 71-acre parcel into 38 single- family residential lots with approximately 30 acres of open space. The State Engineer's Office previously commented on this subdivision when the proposal was to subdivide the 71 acres into 44 one-acre residential lots and 18 acres of open space and the referral was submitted as the Potomac Hill PUD. A Water Supply Information Summary Form was not provided in the referral material. The North Weld County Water District(District) is still listed as the water provider for this development. A letter of commitment dated July 6, 2005 for service from the District was also provided. According to the above-mentioned letter, the District indicates it is able and intends to serve 36 lots in the subdivision (two fewer lots than the 38 lots proposed by this development), however the Applicant has indicated that the District will serve all lots created in this subdivision. In addition, to provide water service and fire flow of 1000 gallons per minute with a residual pressure greater than 20-psi, the proposed subdivision must be"looped" into the distribution system, which will require the District to provide off-site infrastructure. Based upon recent updated information (dated September 29, 2005) provided to this office by the District, the District currently has an adequate uncommitted water supply to provide the water associated with this project. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier for all proposed iots in this development, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate. We recommend that the County obtain a signed copy of the water service agreement from the District prior to the final approval of the subdivision. If you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, Dick Wolfe, P.E. G Assistant State Engineer cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 Water Supply Branch EXHIBIT DW/IC/Falcon Ridge PUD (Potomac Hills PUD). I /2. THE DOW LAW FIRM, LLC ' ""* ATTORNEYS AND COUNSELORS AT LAW TIMOTHY J. DOW,MBA,JD P.O.BOX 1578 #7 CLOCK TOWER SQUARE PATRICIA T. DOW,CPA,JO,LLM* FORT COLLINS,COLORADO 80522-1578 323 SOUTH COLLEGE AVENUE (970)498-9900 FORT COLLINS,COLORADO 80524 MAYO SOMMERMEYER, FAX: (970)49899��Id County Planning Depty �ITTED TO PRACTICE LAW IN NEBRASKA LAWYER,LLC** OF COUNSEL E-MAIL: dow(NdowlawFlrm.wm CREELEY OFFICE ITTED TO PRACTICE LAW IN NWOMING OCT X 6 2005 October 5, 2005 RECEIVED Weld County Planning Dept. Attn: Kim Ogle 918 10th Street Greeley, CO 80631 Re: Case No. PZ-545 Applicant: Bret Larimer Our Client: Windsor Reservoir& Canal Company— Springer Ditch Dear Kim: We have previously looked at this project and have commented concerning making sure that there is appropriate 25-foot access provided along our ditch bank, as well as drainage being addressed. Of course, drainage is a major issue and it remains to be resolved. I note from the submission sent to us per the referral of August 30 that the Applicant recognizes the obligation and need to develop a drainage plan. Of course, we have not seen a drainage plan at this point and will need to review it with our engineer before final approval and entering into an agreement. At this point, we do not need to comment further except to remind everyone that we still have the stormwater drainage issues to deal with. Respectfully Submitted, MAYO SOMMERMEYER, LLC Mayo Sommermeyer MS/jrr cc: Donn Engel WIPO, LLC, c/o Bret Larimer EXHIBIT WINDSOR Town of Windsor u��`* • 301 Walnut Street • Windsor. Colorado 80550 • 970-686-7476 • Fa_r 97O 686-71 80 • unew.iufndsorgou.con n COLO Weld County Panning pel GREELEY OFFICErtment OCT 1 1 2005 October 7,2005 V Kim Ogle, Weld County Planner ECE' " ED Weld County Dept. of Planning Services 918 - 10th Street Greeley, Colorado 80631 Subject: Planned Unit Development Change of Zone(PZ-545)—Bret Larimer, WIPO, LLC Dear Mr. Ogle: The Town of Windsor Planning Commission reviewed this referral at its regular meeting of October 6, 2005. The subject property is located within the Town's Growth Management Area(GMA) and is contiguous with the Town's corporate limits along the western property line, therefore, the property appears to be eligible for annexation to the Town. A very similar proposal known as "Potomac Hills" by the same applicant was previously reviewed by the Planning Commission on September 20, 2000 (please see enclosed meeting minutes and letter of recommendation). The previous proposal consisted of 40 lots in essentially the same configuration. At the time of the previous referral, the subject property was depicted as Very Low Density Estate Single Family Residential,however, since that time,the Town has amended that land use depiction to reflect High Density Estate Single Family Estate Residential, due in large part to the adoption of the East Side Sanitary Interceptor Plan(ESSIP)in 2002 (please see enclosed copy of ESSIP map),which plans to extend sanitary sewer infrastructure to the east and north portions of the Town's GMA. The application materials incorrectly state, "...Windsor public sewer system is no closer to the project (2 plus miles) than four years ago...it is unlikely sewer will ever be extended this far by Windsor." Actually, since the time of the previous proposal, the Town has extended sanitary sewer from the sewage treatment plant north of SH 392, where the line crosses the Winter Farm Subdivision and is planned to cross the Greenspire Subdivision north of Windsor Lake during the 2006 construction season. The subject property would connect to the Town's sanitary sewer line approximately 1/8 of a mile to the south at the northeast portion of the Tacincala Annexation, which is currently being reviewed for annexation at the southwest corner of SH 257 and WCR 72. The Town's existing sanitary sewer is currently approximately 1%miles from the subject property. The application materials also state, "...the Applicant decided to `shelf' the project at the request of the Town of Windsor." As can be seen by the enclosed previous recommendation to Weld County, the Planning Commission recommended that Weld County deny the application and further recommended that the applicant contact the Town and pursue annexation. EXHI 1 The proposal is not consistent with the Town of Windsor Estate Residential (E-1) zoning district, which requires a minimum lot size of two and one-half(2'A) acres when individual sewage disposal (septic) systems are authorized and approved by the Town. Page 10 of the application materials actually acknowledges that the proposal does not meet Weld County standards, stating, "The density still minimally exceeds Weld County Department of Public Health and Environment guidelines..." Page 47 of the application materials further states, "...the project is not consistent [with] the guidelines set forth by the Weld County Health Department of one unit per two and one- half acres" and "Surrounding communities and counties set standards at two acres per unit..." (which is incorrect per the aforementioned Town of Windsor requirements). Finally, it is the Town's understanding that according to Sec. 24-1-40 of the Weld County Code, urban scale development is defined as follows: "Urban scale development: Developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water, sewer systems, road networks, park and recreation facilities and programs, and storm drainage. This definition does not affect or apply to those Coordinated Planning Agreements between the County and municipalities which are in effect as of May 14, 2001." The subject application proposes to create 38 lots which are proposed to be sewed by individual sewage disposal systems (septic) and the subject property is located within the Town's Growth Management Area (GMA) and is contiguous with the Town's corporate limits along the western property line. Therefore, based upon this Weld County definition, the subject application proposes urban scale development without providing the required support services such as a central sewer system or park and recreation facilities and programs. Based upon the aforementioned information, the Planning Commission recommends denial of the PUD change of zone application, further recommending that the Weld County Department of Planning Services refer the applicant to Windsor for annexation and development through the Town's processes. Thank you for the opportunity to review this proposal. Sincerely, Scott Ballstadt, AICP Senior Planner pc: Gale Schick,Chairman,Windsor Planning Commission Rod Wensing, Town Manager Joseph Plummer, AICP,Director of Planning Bret Larimer, WIPO, LLC WINDSOR 'A Town of Windsor 301 Walnut Street • Windsor, Colorado 80550 • 970-686-7476 • Fax: 970-686-7180 COLO September21, 2000 Julie Chester, Weld County Lead Planner Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Subject: S-545 Potomac Hills PUD Sketch Plan/Bret Larimer Dear Ms. Chester The Town of Windsor Planning Commission reviewed this request at its regular meeting of September 20, 2000. The subject property is located adjacent to the Town of Windsor's current incorporated boundary along the west property line, or the eastern right-of-way line of State Highway 257. The proposal is located within the Town's Growth Management Area and is depicted as Very Low Density Single Family Residential on the Town's Land Use Plan map. The Windsor Comprehensive Plan states that the Very Low Density Single Family Residential district provides for "...single-family residential detached homes at very low densities...", which in the Estate Residential (E-1) zone district, requires a minimum lot size of two and one-half (2'h) acres when individual sewage disposal (septic) systems are authorized and approved by the Town. Therefore, the proposed 1.6 acre gross density is not consistent with the Town's Land Use Plan map. The referral materials did not include a letter of commitment to serve the subdivision from the North Weld County Water District (NWCWD), so it is not known if the NWCWD has committed to serve the proposed development. Also, enclosed please find comments from the Windsor-Severance Fire Protection District. Finally, the subject site is located within the Town's Growth Management Area Boundary and it is probable that the site will become encompassed by the Town in the future. Since the property is contiguous to the Town, the Planning Commission recommends that the applicant contact the Town of Windsor to discuss annexation of the subject property. Therefore, the Town of Windsor Planning Commission recommends denial of this PUD Sketch Plan to the Weld County Department of Planning Services, further recommending that the applicant contact the Town of Windsor to discuss annexation of the subject property. Thank you for the opportunity to review this proposal. Sincerely, S y,, Scott Ballstadt Senior Planner pc: Robert G. Frank, Chairman, Windsor Planning Commission Bret Larimer, applicant WINDSOR PLANNING COMMISSION SEPTEMBER 20,2000 ^ VARIANCE REQUEST FROM ARTICLE VIII, SECTION 17-112 (b) AND (e) — A RIVERPLACE MAJOR SUBDIVISION (CONT'D) Mr. Wagner explained that with the tight radius that is being proposed it would create a "race track" feeling, and from an engineering and safety perspective the current radius standard of 100 feet is more appropriate for this situation. Mr. Moore suggested some raised medians to alleviate the tight radius. Based upon staffs recommendation, Mr. Moore made a motion to omit the sidewalk on the western side of the westernmost street of the subdivision and have that street maintain a 50' right-of-way and to allow an extension of this particular street to be constructed to the same right-of-way width of 50' in any future phase of the subdivision, so long as this future street extension will be consistent with the master plan for the subdivision. Ms. DeSylvia seconded the motion. Motion carried unanimously. Based on staffs recommendation, Ms. Kane made a motion to deny variance requests 1-3 regarding street right-of-way widths. Mr. Moore seconded the motion. Motion carried unanimously. Based on staffs recommendation, Mr. Tallon made a motion to deny variance request no. 4 regarding the "hammerhead" turnaround configuration and deny variance request no. 5 for a 55' centerline radius. Ms. Kane seconded the motion. Motion carried unanimously. 0 WELD COUNTY REFERRAL — PLANNED UNIT DEVELOPMENT SKETCH PLAN — POTOMAC HILLS Mr. Ballstadt stated that the applicant, Brett Larimer, is requesting approval of a Planned Unit Development Sketch Plan application to create 44 lots on approximately 70.97 acres. The proposed minimum lot size is one acre, with an average lot size of 1.06 acres. Mr. Ballstadt stated that staff recommends that the Planning Commission forward a recommendation of denial of the Sketch Plan to the Weld County Department of Planning Services as the proposed density does not conform to the Town's standards and is not consistent with the Very Low Density Land Use depiction on the Town's Land Use Plan map. Mr. Ballstadt further stated that staff recommends that the applicant contact the Town to discuss annexation of the property. The applicant, Mr. Bret Larimer, addressed the Planning Commission and stated that the proposed application is in compliance with the Town of Windsor's zoning and subdivision standards as the Estate zone district allows a minimum lot size of one acre. Mr. Larimer further stated that the proposed application also complies with the Town's Comprehensive Plan. Mr. Larimer stated that he does not wish to annex to the Town due to the length of time required. Mr. Larimer stated that this is only a County referral to the Town and that he will proceed 8 WINDSOR PLANNING COMMISSION SEPTEMBER 20,2000 WELD COUNTY REFERRAL - PLANNED UNIT DEVELOPMENT SKETCH PLAN - POTOMAC HILLS (CONT'D) through the County process. He further stated that this project contains similar densities to previous Weld County referrals Soaring Eagle Ranch and Moriah Estates. Mr. Ballstadt clarified that Section 16-205 of the Municipal Code requires all lots within any subdivision containing individual sewage disposal systems shall contain a minimum lot size of two and one-half acres, and therefore, the subject proposal does not conform to the Town's zoning requirements. Mr. Ballstadt further stated that the proposed density combined with the use of septic systems does not comply with the Very Low Density Land Use depiction on the Town's Land Use Plan map. Mr. Ballstadt also pointed out that both Soaring Eagle Ranch and Moriah Estates proposed gross densities of over two and one-half(2.5) acres, while the subject application proposes a gross density of one and six-tenths (1.6) acre. Mr. Frank stated that this subdivision would impact the parks, traffic and other amenities in the Town, and that it does not fit the land use in the area. Ms. Kane stated that these types of developments affect both the police and schools, despite the fact that it would be a Weld County subdivision. Based on staffs recommendation, Ms. Kane made a motion to forward recommendation of denial for the Planned Unit Development proposal for Potomac Hills to the Weld County Department of Planning Services, and to request that the Weld County Department of Planning Services refer the applicant to the Town of Windsor to discuss annexation procedures. Ms. DeSylvia seconded the motion. Motion carried unanimously. COMMUNICATIONS FROM THE PLANNING COMMISSION Ms. Kane discussed a proposed multi-family and retail project that was to be adjacent to the Fox Hill subdivision in Greeley and this particular project was denied 6-1 by the City Council. Ms. Kane further stated that Greeley Mayor Jerry Wones asked if the applicant would be willing to drop the retail element from the project, to which they explained that the Greeley Planning Department indicated that the retail element would be encouraged and approved. Ms. Kane further stated that Windsor needs to be aware of these types of actions on the part of other jurisdictions in order for the Windsor staff not to make these types of interpretations or determinations at the staff level. Mr. Plummer assured the members that, in an effort to avoid such situations, the Windsor staff always requests work sessions to discuss and receive direction on any such issues. Mr. Frank complimented the planning staff on doing such a good job during the Mr. Plummer's vacation. Mr. Plummer stated that he is very proud of the planning department staff. There were no further communications from the Planning Commission. 9 • _.. C� +4 CC 14 CO 14 f , m J�... ___ _ __-_. IL a NWCR804tr ' O _r£ WCR _LG�1 44 . . 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I. ® Schools O Other Public/Semi Private Tr I Li t 3I WCR 74 WCR '4 " 1 ,CP _ _. - 74 ., .. �. J ,„, inc,ic--I, x I 18" B ; ^ 4 3 3 (N, 2 I -3'n c a 3 .6 NSA e WCR 72 S'14 , t ` C rSS � 54 I c s ., •� ;A re ' 7 Sri{ 6 B 10 11 re r. —ItYtif ij-d l7 cwr } WC 'n VVC? r '4[nna+ „c J - / 1 v 5p -- _ _ _ 14 , I SEVERANCE POINT C f 4. O. 'N a DISCHARGE ATD .r■IIIIIS.®..®®® e + � ®INIMMInagal® MEI �-al 4''®,r! �{ftwatil pv rr IE WOE 6471 0 25 4' rr 30 - Cr ,i n cc WOE 54 © 3 \rr •w "V ₹ WINDSOR 1 31 32 WWTp 7, TOWN OF WINDSOR ni , EAST SIDE SANITARY INTERCEPTOR-2000 s '-',7,,,'.,,' I N FIGURE 2 - LAND USE AND BASIN BOUNDARY MAP SCALE 1•=3oar xi. r.od 1.W,. aril. • Weld County Planning Department GREELEY OFFICE OCT 1 3 2005 eVED Memorandum TO: Kim Ogle, W.C. Planning DATE: October 10, 2005 ape FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: PZ-545 NAME: Bret Larimer/Falcon Ridge PUD The Weld County Health Department has reviewed this proposal. The applicant proposes a 38 lot PUD on 71 acres (site map delineates 38 lots, while the application states 36 lots). The minimum proposed lot size (1.0 acre) coupled with the overall density of one septic system per 1.9 acres (for 38 lots)does not meet current Department policy. This property was originally reviewed under Case number S-545 at the Sketch Plan phase. At that time the applicant proposed a 44 lot PUD (1.o acre lots/1.6 acre overall density). The application has satisfied Chapter 27 of the Weld County Code in regard to water service. Water will be provided by North Weld County Water District. A draft water service agreement from North Weld Water District was included in the submitted materials. The application states that the development will be served by individual sewage disposal systems. The minimum proposed lot size(1.0 acre)coupled with the overall density of one septic system per 1.9 acres does not meet the current Department policy of 1 septic system per 2.5 acres. The Preliminary Subsurface Exploration Report from Earth Engineering Consultants, dated August 10, 2000 indicates most of the site could utilize conventional septic systems. However, groundwater and percolation rates on the northwest portion of the site will require engineered septic systems. Groundwater was found at 6.5 feet and percolation rates of 135 minutes per inch were obtained. No current soil/groundwater data has been submitted since 2000. The applicant states that the proposed development is consistent with Moriah Estates to the east with regards to the 1 acre lot size. The Department has reviewed several county—approved developments in the vicinity and summarizes them below: Name # Lots Min. Lot Size (acres) Overall Density Moriah Estates 24 1.0 2.7 Shiloh Estates 14 lots 2.1 5.39 Soaring Eagle 114 1.5 3.42 While the overall density for this development does not meet the current Department policy, the applicant has proposed enhancement features such as effluent filters, oversized septic tanks, alternating absorption trench systems, and monitoring ports. There is also a management component outlined, however it is not detailed. The Department is requesting the applicant demonstrate how the efficiency and nutrient reduction of the proposed enhancements will improve the quality of the effluent over standard systems. The intent of the study should be to demonstrate that the impact on local water quality of the septic system at the proposed densities is less than or comparable to septic systems on densities of 2.5 acres or greater. EXHIBIT 1 1{, The Department is also requesting the applicant elaborate on the management plan. This management plan must address the monitoring, maintenance and management of all septic systems in the subdivision. Monitoring and maintenance should outline any scheduled inspections, septic tank pumping schedule and other duties to be performed on each system. The management component should outline the funding source for the oversight of the plan, i.e., the Homeowners' Association, who will perform each of the various parts of the plan, and enforcement provisions. The Department requests the opportunity to review and approve the Management Plan prior to recording the Change of Zone plat. The applicant has located primary and secondary septic envelopes on most lots of the Site Plan Exhibit that appear to meet all setback requirements, with the exception of the following: • Lots 1 and 37 have only one envelope • Lots 34 through36 have no envelopes • Lots 1-4, 27-33, 37-38 have one or more envelope in the easement • Lots 30 and 31 envelopes are over 100 feet long by scale. • Lots 17-21, 24-26, 30-31 have long, narrow envelopes and may be impractical for the installation of a trench system Additionally, page 33 of the Change of Zone submittal states that the minimum septic envelope of 6000 square feet has been delineated on the Septic Location Plan. The Department is not in receipt of this titled document. The Site Plan Exhibit (referenced above) has primary and secondary septic envelopes on average of 2000 square feet. The initial impact plan submitted in the application materials does appear to adequately address all the environmental impacts of Section 27-6-40. The Department recommends approval with the following conditions: 1. Water service shall be obtained from the North Weld County Water District. 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Septic systems shall be designed for site- specific conditions, including but not limited to, poor percolation rates, shallow groundwater, bedrock, gravel and/or clay soils. 3. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setback requirements. 4. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping,structures,dirt mounds or other items are expressly prohibited in the absorption field site. 5. The applicant shall provide documentation demonstrating how the efficiency and nutrient reduction of the proposed enhancements will improve the quality of the effluent over standard systems. The intent of the study should be to demonstrate that the impact on local water quality of the septic system at the proposed densities is less than or 2 comparable to septic systems on densities of 2.5 acres or greater. This documentation shall be submitted to the Department for review and approval prior to recording the Change of Zone plat. 6. A septic system Management Plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval prior to recording the Change of Zone plat. 7. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 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. 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. 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 fora permit from the Colorado Department of Public Health and Environment. 11. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\chzone\PZ-545.rtf 3 Hello