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HomeMy WebLinkAbout20060693.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Tom Morton Case Number PZ-1078 Change of Zone: St. Vrain Lakes PUD Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Pre-Advertisement Request dated November 30, 2005 X Department of Planning Services Field Check Form-Ogle X Planning Commissioner Field Check Form Letter to Applicant X Affadavit of sign posting X '+ Legal Notifications X 2 Application X Maps X `J Surrounding Property/ Mineral Owners X Utilities X 3 Referral List X 4 Referrals without comment Town of Frederick, referral received 10-25-2005, X Little Thompson Water District, referral receivedl0-27-2005 X (S.n. v6.) X Town of Frederick, referral received 11-4-2005 X Weld County Paramedics, referral received 11-7-2005 X Referrals with comments 5 Weld County Code Compliance, referral received 10-19-2005 X 6 Colorado Department of Transportation, referral received 10-26-2005,10-27-2005 X 7 Weld County Sheriffs Office, referral received 10-28-2005 X N, 8 State of Colorado, Division of Water Resources, referral received 11-2-2005 X 9 Department of Building Inspection,Addressing, referral received 11-2-2005 X 10 Mountain View Fire Protection District, referral received 11-3-2005 X 11 Longmont Soil Conservation District, referral received 11-4-2005 X 2006-0693 12 State of Colorado, Division of Wildlife, referral received 11-8-2005 X 13 Department of Public Works, referral received 11-15-2005 II/_%o/Z O X EXHIBIT 14 St. Vrain School District, referral received 11-17-2005 X 15 Kerr-McGee Rocky Mountain Corporation, referral received 12-20-2005 X 7 #/O-78 16 Department of Public Health& Environment, referral received 12-23-2005 X 17 Town of Mead, referral received 1-5-2006 X • 18 Colorado Department of Transportation referral received 1-6-2006 X NI 19 Electronic Correspondence from Felsburg Holt and Ullevig, received 1-6-2006 X 20 Department of Public Works, Stormwater and Drainage referral received 1-6-2006 X \' 21 Department of Public Works, referral received 1-9-2006 X PC t"x{h,L 22 Consolidated Service Plan dated 2-28-2006 X 23 Natural Resource Assessment Report, dated 5-20-2004 X 24 Preliminary Geo-technical Engineering Report, dated 5-26-2006 X • 25 Town of Firestone, referral received 1-11-2006 X • 26 Mountain View Fire Protection District letter dated 1-7-2006 X • 27 Electronic Mail from Glen Segrue dated 1-13-2006 X 28 Department of Public Works referral (CLOMR)dated 1-12-2006 X • 29 Mountain View Fire Protection District letter dated 1-16-2006 X 30 St Vrain Valley School District, Capital Mitigation Letter dated 1-10-2006 X a 31 Memorandum, summary of Windy Gap Agreements dated 1-25-2006 X '' 32 Letter of Opposition, Brian McCormick dated 2-9-2006 X 33 Letter, Bernard Lyons Gaddis& Kahn for the Highland Ditch Company and No. 3 X Outlet Ditch Company dated dated 2-10-2006 • 34 Electronic Mail-Ginny shaw, dated 2-16-2006 X • 35 County Road Cross Section,from County Code,Appendiz 24-E X 36 Don Warden, Memo re: Service Plan, dated 05/04/2005 X 'N' 37 Lee Morrison, Memo re: Preliminary Review,--,dated05/09/05 X 38 39 40 I hereby certify that the 35 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogl er 1 • \ LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1078 HEARING DATE: December 20, 2005, cont'd January 17, 2006, cont'd February 16, 2006 APPLICANT: Tom Morton, c/o Carma Colorado ADDRESS: Highland Place II, 9110 E. Nichols Avenue, Suite 180, Englewood CO 80112 REQUEST: Change of Zone from (A) Agriculture to PUD with (E) Estate; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial, (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District(St. Vrain Lakes PUD) LEGAL: Parts of Sections 25, 35, and 36, all in T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Multiple parcels generally located East of and adjacent to the I-25 Frontage Road, South of and adjacent to State Highway 66; west of and adjacent to County Road 13 and north of and adjacent to St. Vrain River ACRES: 1313 acres, more or less PARCEL#: 1207-25-100001, 1207-25-100002, 1207-25-100003, 1207-25-000006, 1207-25-000020, 1207-25-200025, 1207-35-000049, 1207-35-000039, 1207-35-000051, 1207-35-000058, 1207-36-000025, 1207-36-000029, 1207-36-000031, 1207-36-000056, and 1207-36-000058 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Code Compliance, referral received 10-19-2005 Little Thompson Water District, referral receivedl0-27-2005 Weld County Sheriff's Office, referral received 10-28-2005 Colorado Department of Transportation, referral received 10-26-2005, 10-27-2005 • Weld County Department of Building Inspection, referral received 11-1-2005 • Office of the State Engineer, Division of Water Resources, referral received 11-2-2005 ► Mountain View Fire Protection District, referral received 11-3-2005 • Town of Frederick, referral received 11-4-2005 • Weld County Paramedics, referral received 11-7-2005 • Colorado Division of Wildlife, referral received 11-8-2005 • St. Vrain Valley School District RE-1J, referral received 11-15-2005 • Weld County Department of Public Works, referral received 11-16-2005, January 16, 2006 • Boulder/Longmont Soil Conservation District, referral received 11-18-2005 St Vrain Lakes PUD PZ-1078, Page 1 = EXHIBIT • Weld County Department of Public Health and Environment, referral received 12-23-2005 %- ► Town of Mead, referral received 1-5-2006 ► Colorado Department of Transportation, electronic message received 1-6-2006 • Town of Firestone, referral received 1-11-2006 The Department of Planning Services' staff has not received responses from: • St. Vrain Sanitation District • Weld County Department of Building Inspection—Addressing St Vrain Lakes PUD PZ-1078, Page 2 I • ` t CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO PLANNER: Kim Ogle CASE NUMBER: PZ-1078 HEARING DATE:December 20, 2005, cont'd January 17, 2006 February 16,2006 APPLICANT: Tom Morton, c/o Carma Colorado ADDRESS: Highland Place II, 9110 E. Nichols Avenue, Suite 180, Englewood CO 80112 REQUEST: Change of Zone from (A)Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District(St. Vrain Lakes PUD) LEGAL: Parts of Sections 25, 35, and 36, all in T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Multiple parcels generally located East of and adjacent to the I-25 Frontage Road, South of and adjacent to SH 66; west of and adjacent to CR 13 and north of and adjacent to St. Vrain River ACRES: 1313 acres, more or less PARCEL#s: 1207-25-100001, 1207-25-100002, 1207-25-100003, 1207-25-000006, 1207-25-000020, 1207-25-200025, 1207-35-000049, 1207-35-000039, 1207-35-000051, 1207-35-000058, 1207-36-000025, 1207-36-000029, 1207-36-000031, 1207-36-000056, and 1207-36-000058 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.8.6.a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. The proposed site is not presently influenced by an Inter-Governmental Agreement. B. Section 22-2-110.8 (UGB. Goal 2) — states, "Concentrate urban development in or adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain St Vrain Lakes PUD PZ-1078,Page 3 urban growth boundary areas that provide an official designation between future urban and non-urban uses." The proposed PUD is located within the Mixed Use Development (MUD) area, and within the three mile Municipal referral area with the Towns of Mead, Firestone, and Frederick. The Town of Mead requests that this development not be approved as an unincorporated project and the applicants should be required to petition either the Town of Mead or to the Town of Firestone for annexation. In addition, the Town of Mead states that there are too many as-yet unresolved issues, including road networks, how the residents of this project will receive services, et cetera. The Town of Frederick has indicated that they have reviewed the request and find no conflicts with their interests. The Town of Firestone in their referral dated January 11, 2006 stated the residential densities appear to be significantly higher than a typical residential development tin Firestone. Having such a high single family detached residential density could negatively impact development quality and public safety. It is the opinion of the Department of Planning Services that with the attached Conditions of approval and Development Standards these issues are adequately addressed. C. Section 22-2-230.A (MUD Goal 1) — states, "To plan and to manage growth and to provide for ease of inclusion in the 1-25 Mixed Use Development area and urban development nodes so as to balance relevant fiscal, environmental, aesthetic and economic components of the area." The proposal assures that new development occurs in such a manner as to maintain an attractive working a living environment. Further, all applicable standards and regulations, unless otherwise modified herein, of Chapters 22, 23, 26, and 27 of the Weld County Code shall be integrated in the design of the Final Plan and will be addressed through the Site Plan Review process. The site design integrates residential, neighborhood commercial, environmental, aesthetic, and economic components into a cohesive unit that is attractive and compatible with surrounding land uses. The Department of Planning Services has not received any letters from surrounding property owners. The Development Standards and Conditions of Approval ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 1. Section 26-1-50.8.1.a. (MUD.C.1 Goal 1) states, "Establish a sense of community identity within the Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic, and economic components of the area." The land uses shown on the Change of Zone plat reflect the uses shown on the Amended MUD Structural Land Use Map 2.1, dated June 2005. 2. Section 26-1-50 (MUD.C Goal 4) states, "The coordination of municipal, county regional and state growth policies and programs which includes the Mixed Use Development area may be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services and provide economies of scale." The project is compatible with existing surrounding uses in terms of general uses, building height, scale, density, traffic, dust and noise. The PUD process allows for flexibility and variety needed to offer a range of products, services, and uses. 3. Section 26-1-60 (MUD.P Goal 1) states, "Provide efficient and cost-effective delivery of adequate public facilities an services which assure the health safety an general welfare of the present and future residents of the area." The site is located in an area where infrastructure needs will be provided when construction begins on the project St. Vrain Lakes PUD. The application has signed agreements in place with St. Vrain Sanitation District and the Little Thompson Water District. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate. St Vrain Lakes PUD PZ-1078, Page 4 4. Section 26-1-70 MUD.T. Goal 2 states, "Promote a pedestrian trail system to service transportation and recreation purposes within the Mixed Use Development area." Several pedestrian and open space connections are proposed to connect the components of the development and the surrounding properties and developments. 5. Goal MUD.C. Goal 1 in Chapter 26, Article 1 Section 26-1-50.8.1.a of the Weld County Code states, "Establish a sense of community identity within the Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic and economic components of the area." The land uses shown on the Change of Zone plat reflect the uses shown on the MUD Structural Land Use Map as amended by the applicant. (Map Number 2.1, dated June 2005) MUD.C. Goal 3 in Chapter 26, Article 1 Section 26-1-50.8.3.a of the Weld County Code states, "Community form and identity shall be encouraged through the enhancement and preservation of natural resources and features." Where feasible, drainage ways shall be maintained in their natural state to ensure optimal re-charge (MUD.C. Policy 3.2, Section 26-1-50.8.3.c). Impacts to air quality will be minimized (MUD.C. Policy 3.3, Section 26-1-50.8.3.d). Disturbed areas will be re-vegetated immediately following construction. In order to minimize wind and soil erosion, temporary stabilization measures will be established until permanent cover is in place. (MUD.C. Policy 3.5, Section 26-1- 50.8.3.f). Native species have been selected for some of the re-vegetation. (MUD.C. Policy 3.6, Section 26-1-50.8.3.g). 6. Section 22-3-140.8 T Goal 2 states "A Countywide trail system should be considered to service transportation and recreation purposes." Several pedestrian and open space connections are provided to connect the four phases of the development and the surrounding area, including potential future connections to the St. Vrain Trail adjacent municipalities and subdivisions. 7. Section 22-3-140.A. T.Goal 1. states "Provide a unified and coordinated countywide street and highway system which moves people and goods in a safe, economical, and efficient manner. The proposed development will comply with Sections 22-3-60 through 22-3-140 of the Weld County Code. Access to the development will preserve the existing and future function of roads and highways affected by this proposed development. Traffic generated by the proposed development will conform to the recommendations and requirements of the Department of Public Works, the Town of Mead and the Colorado Department of Transportation (CDOT). 8. Section 26-1-70.8 T. Goal 2 states, "New development within the Mixed Use Development area shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems." An overall traffic impact analysis and supplemental traffic analysis has been prepare for this development, which will address cumulative development impacts, created by this project and suggest appropriate project mitigation. Further, the applicant is proposing a Metropolitan District for the maintenance obligations of improvements in the St. Vrain Lakes PUD, Metropolitan District numbers 1-4; and the applicant is participating in the Southwestern Weld County Law Enforcement Authority. 9. Section 22-3-50.8.1 P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water St Vrain Lakes PUD PZ-1078, Page 5 District for potable water and fire protection requirements and St. Vrain Sanitation District will handle the effluent flow. Mountain View Fire Protection District has reviewed the proposal and does not object to the proposed changes. B. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-20, Access standards — The site layout will provide a network of local, collector and arterial classified streets. A greenway/trail system is designed to connect the various components of the development for pedestrian and bicycle traffic as well as provide recreational opportunities. The project offers an opportunity to accommodate significant transportation improvements in the area. County Road 13 and County Road 9.5 are classified as Major Arterial Roads with significant improvements, County Road 28 is classified as a Minor Arterial Road which will also be significantly improved. These roads will be maintained by Weld County. County Road 11 has been annexed by the Town of Mead, therefore, coordination of roadway improvements meeting MUD criterion, number of access points and signalization requirements shall be coordinated with the Town. State Highway 66 has been annexed by the Town of Mead, however, the Colorado Department of Transportation (CDOT) maintains this segment of roadway adjacent to this development. COOT in their electronic referral dated October 26, 2005 state that they will allow full movement access to SH 66 at the existing County Road 11 and County Road 13 intersections. Additional full movement access will be considered if placed at 'A mile between County Road 11 and County Road 13. Other access will also be considered provided the criteria stated in the State Highway Access Code can be met. Review of these considerations will be undertaken in Filings and Phases at time of Final Plat review. Section 27-2-40, Bulk requirements — The applicant has proposed a deviation from the bulk requirements as set out in the Weld County Code for the residential component. A brief summary is provided on Table 1, page 7 of this staff report. The Department of Planning Services is not in support of this variance as proposed. It is important to note that all R-2, R-3, R-4, C-1 and C-2 zoned development in a PUD requires a Site Plan Review application as defined in Chapter 23 of the Weld County Code. The building height will be determined by Chapter 23 of the Weld County Code. Section 27-2-50, Circulation requirements—The applicant has proposed a deviation from the internal local residential roadway requirements as set out in the Weld County Code, specifically the MUD road criteria. A letter requesting a variance was submitted with the Change of Zone application materials. The variance presented for consideration is for a 60 foot right-of-way for the local roadway section and a thirty-two (32) foot flow line to flow line width and a 50 foot radius cul-de-sac for the St. Vrain Lakes PUD. The Department of Public Works is not in support of this request. Section 27-2-70, Compatibility— The proposed site is located south of and adjacent to State Highway 66, east of and adjacent to the existing I-25 Frontage Road/ County Road 9.5, County Road 11 and south of and adjacent to County Road 28 and State Highway 66. The site is also west of County Road 13. Sekich Commercial Business Park, the proposed Meadow Ridge Residential/ Commercial PUD, and the Grand View Estates PUD are located to the north of the proposed St Vrain Lakes PUD north of the site across State Highway 66. The Corporate City Limits of the Town of Mead are adjacent to the west, agricultural lands are to the east, including the Aurora Organic Dairy, approximately 1 mile to the east of County Road 13 and the Southwest Service Center, multiple residential properties and a multi lot PUD, is to the south, south of the St. Vrain River. The site is designated as residential, commercial and areas of limiting site factors on the Amended I-25 Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map dated June 2005. The applicant has met the remaining performance standards St Vrain Lakes PUD PZ-1078, Page 6 as delineated in Section 27-2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-220 of the Weld County Code. C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed PUD is located within the Mixed Use Development (MUD) area, and within the three mile Municipal referral area with the Towns of Mead, Firestone, and Frederick. The Town of Frederick has indicated that they have reviewed the request and find no conflicts with their interests. The Town of Firestone in their referral dated January 11, 2006 stated the residential densities appear to be significantly higher than a typical residential development in Firestone. Having such a high single family detached residential density could negatively impact development quality and public safety. In addition, the Town of Mead in their referral dated January 5, 2006 states "The Town Board objects to the County's consideration of this project on several counts: 1. There are too many as-yet unresolved issues, including road networks, how the residents of this project will receive services such as police protection, which cannot be adequately provided by the Weld County Sheriffs office and should not be funded by a [Law Enforcement Authority] LEA; recreational and other social services, and the like. There is no coordination of services when an unincorporated subdivision has some responsibilities provided by an HOA, others by a metropolitan district, and still others a LEA, which if they were in a municipality would have better coordination. The County's approach will work against the long term social health of the neighborhood. 2. The number of homes is too high, and the density is too high. 3. The impact on the school district will be tremendous, even if school sites are designated. The County should require this project to conform with and pay into the district's school mitigation program at a minimum. 4. In spite of representations to the contrary, this is not a good example of regional planning and cooperation. Lip service is only being paid to the impacts this scale of project would have on adjacent communities, without any financial benefit to mitigate the impacts. 5. This project should be in a municipality, and the County should therefore not approve the project and instead require the applicant to petition to annex to Mead (or to Firestone, if Firestone would be interested.)" D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. The Department of Public Health and Environment states the proposed PUD will be serviced by Little Thompson Water District for potable water and fire protection requirements and St. Vrain Sanitation District will handle the effluent flow. The Weld County Attorney's Office has indicated that the agreements submitted by the applicant are adequate for the Change of Zone. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. An agreement between Little Thompson Water District and the applicant was included in the application material. However, there was no letter of intent, availability or discussion of service areas from St. Vrain Sanitation District included in the application materials. The Weld County Attorney's Office has indicated that the agreements submitted by the St Vrain Lakes PUD PZ-1078, Page 7 applicant are adequate for the Change of Zone. Active and passive recreational opportunities are located within this proposed development. While the Change of Zone application does not elaborate, the Sketch Plan application states that these opportunities will include such things as sports fields, fitness/recreation center, swimming pool, trails, beaches, small boat docks, fishing pier, picnic grounds, bike paths, playgrounds, etc. These varied recreational opportunities must address the sanitation requirements of any area where people work, live, or congregate. The applicant states that permanent restroom and hand washing facilities will be placed in close proximity to those public gathering areas where water and sewer services are available. The applicant also states that restroom facilities will be placed around the lake as recommended in the Sketch Plan comments. Any swim beach requires compliance with the water quality standards of the Colorado Department of Public Health and Environment Swimming Pool and Mineral Bath Regulations. The initial impact plan submitted in the Change of Zone application materials appears to address all the environmental impacts of Section 27-6-40. E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department and their consultant, Felsburg, Holt and Ullevig have reviewed the proposal and are in support of this application with the conditions outlined in their referral dated November 15, 2005 and January 6, 2006. The Department of Public Works had a third memorandum dated January 6, 2006 that states "This memorandum is supplemental to Peter Schei's memorandum of November 15, 2005. There are items in Mr. Schei's memorandum required prior to the Board of County Commissioners hearing that are not a part of this review. The following comments pertain to the Planning r. Commission Change of Zone hearing scheduled for January 17, 2006: 1. The Public Works Department does not concur with the applicant's request for a variance to reduce 12 foot travel lanes and 8 foot parking lanes to 10 foot and 8 foot lanes respectively for Local Residential streets. Also, the requirements for sidewalk widths should be maintained. The MUD standards should be adhered to. 2. On page 54 of the revised traffic study by LSC Transportation Consultants, there is a suggestion that County Roads 11 and 28 could have chip seal or temporary asphalt paving. This will not be acceptable. At such time as the traffic generated by the development creates the need for paving an adequate construction meeting Weld County's design standards will be required. The Colorado Department of Transportation provided comment by electronic mail on January 6, 2006 with specific concerns that will be address during the Final Plat application process. Stop signs and street name signs will be required at all intersections and shown on a signing plan on final roadway plans for each development phase. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the signing plan. F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. The Weld County Public Works Department and Department of Planning Services shall require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to St. Vrain Lakes PUD and all on-site and off-site improvements at the time of Final Plat. Additionally documentation for St Vrain Lakes PUD PZ-1078, Page 8 the Metropolitan District will be required to be approved for internal road construction and maintenance. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Preliminary Geotechnical Engineering Report - Proposed Mixed-Use Development. Carma Weld County Site Weld County Road 30 (Highway 66) and Interstate 25 - Weld County. Colorado, dated May 26, 2004, by Terracon (Terracon Project No. 25045122) is satisfactory. The Master Drainage Report and Stormwater Management Guide for St. Vrain Lakes PUD Development, dated December 5, 2005, by Kevin Jennings, E.I.T. and Fred Tafoya, P.E. with Carroll & Lange, Inc. (JN: 3075)is generally acceptable. The Department of Public Works requires that, for Final Plat approval of each Phase of the St. Vrain Lakes PUD, the applicant shall submit the appropriate documentation including Final Drainage Report and Final Construction Drawings and Plans. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The Department of Planning Services' is requesting approval of the Board of County Commissioners for each Filing and Phase given the intensity and size of the proposed development. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from (A) Agriculture to PUD with (E) Estate; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District(St. Vrain Lakes PUD) is conditional upon the following: 1. Prior to the Board of County Commissioners hearing: A. Weld County's traffic engineering consultant has reviewed LSC's revised traffic study. There are several items listed in a memorandum from Chris Fasching, from FHU, dated January 6, 2006, that are not major but need to be resolved. (Department of Public Works) B. David Bauer of the Weld County Public Works Department has reviewed the geotechnical and drainage reports and provided comments in a separate memorandum. These comments should be addressed at the appropriate stages of review as noted in Mr. Bauer's memorandum of January 6, 2006. (Department of Public Works) C. LSC's traffic study identifies improvements in the surrounding road way system that will be required as a result of the traffic generated by proposed development. We are in general agreement with the recommendations and the information supplied in its present form is acceptable for the Planning Commission hearing. However, because of the extent and complexity of the improvements, a much more detailed plan, including estimated timing and phasing for the improvements and a drawing illustrating how the phasing will come together, will be required prior the County Commissioners hearing. Public Works staff is prepared to advise the applicant on how this information is to be presented. (Department of Public Works) St Vrain Lakes PUD PZ-1078, Page 9 D. On January 6, 2006, Weld County staff met with Colorado Department of Transportation (CDOT)staff regarding the east side frontage road of 1-25. The Department of Public Works was informed that it is very likely funding will become available for the widening of I-25 between State Highway 52 and State Highway 66, including the State Highway 66 interchange, within the next few months. CDOT has completed the design and approval process for the construction, therefore, CDOT is prepared to begin the construction in 2006. As a part of the widening, CDOT will abandon the east side frontage road and provide a portion of the funds to construct a Weld County Strategic Road. CR 9.5 from a point north of the St. Vrain River to State Highway 66. CDOT has indicated that CR 9.5 will have to be completed by the third quarter of 2007 to meet their schedule. This proposed alignment is reflected in the Change of Zone application materials. Neither the County nor the applicant anticipated the widening of 1-25 to take place nearly this soon. There will be a great deal of detail to work out in terms of design, financing and agreements between the County and the applicant in order to accomplish the completion of CR 9.5 in time. Prior to the Board of County Commissioners Change of Zone hearing, the applicant should be required to work out an agreement, in principal, with the Department of Public Works for a financing and construction of CR 9.5 as well as the other improvements identified in the traffic impact study. (Department of Public Works) E. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the No. 3 Outlet Ditch stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (Department of Planning Services) F. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the Highland Ditch stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (Department of Planning Services) G. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the Hayseed Ditch stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (Department of Planning Services) H. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties mineral owners and lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site or indicate the 400' x 400' and the 800' x 800' drilling envelope locations per state statute. (Department of Planning Services) 1. The applicant shall submit to the Department of Planning Services a copy of an agreement with the properties utility owners and lessees stipulating that the existing gas and electric utility easements and/ or activities have adequately been incorporated into the design of the site. (Department of Planning Services) 2. The applicant shall submit to the Department of Planning Services a copy of an agreement with St. Vrain Sanitation District stipulating the 720 acres currently not included in the district have been annexed and all lands associated with this proposed development incorporated into the design of the site. (Department of Planning Services) 3. The applicant shall submit to the Department of Planning Services written evidence that the 12 wetlands on the site, 7 which are likely to be jurisdictional (so any modifications would require a COE 404 permit, are in compliance with all permits required by the Corps of Engineers and the Best Management Practices St Vrain Lakes PUD PZ-1078, Page 10 (BMPs) adopted by Weld County for the County Storm water program. (Department of Planning Services) The Department of Public Works has identified several issues that require addressing. They are identified in no particular order of importance and are as follows: 1. Public Works has reviewed drawings titled: Detailed Change of Zone Plan for St. Vrain Lakes PUD dated August 2005, by DTJ Design, Inc and offers the following comments: A. The internal local road 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 typical roadway section of interior roadway shall be shown as two 12-foot paved lanes with 8-foot paved parking lanes on the Change of Zone plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet. The MUD criteria require curb, gutter and sidewalk. (Department of Public Works) B. Any internal collector road right-of-way shall be dedicated to the public. The typical roadway section of interior roadway shall be shown as two 12-foot paved lanes (with turn lanes as needed)with 6-foot bike lanes on the Change of Zone plat. The MUD criteria require curb, gutter and sidewalk. (Department of Public Works) C. For approval of the Final Plat, the applicant must obtain FEMA approval of the CLOMR related to this development site. The area affected by the proposed CLOMR includes the proposed County Road 9.5 alignment and the St. Vrain Sanitation District sewer (pipe) project proposed to extend across the southern parcel(s). (Department of Public Works) D. Preliminary designs should show on-site flows resulting from the 100- year storm falling on the fully-developed site are detained in onsite ponds designed to release at the rate of the 5-year storm falling on the un- developed site (5-year historic event), and offsite flows are conveyed through the St. Vrain Lakes PUD site. 1. Provide description of the interaction of underdrain system discharges with storm drainage and proposed water quality treatment features (swales, ponds, the St. Vrain River). 2. Demonstrate that ALL of the site runoff receives water quality treatment. (Department of Public Works) E. The Traffic Impact Analysis — St. Vrain Lakes - Weld County, Colorado, dated August 01, 2005, by LSC Transportation Consultants, Inc., sealed by Benjamin T. Waldman, P.E. has been reviewed for the proposed development and the Department of Public Works offers the following comments: St Vrain Lakes PUD PZ-1078, Page 11 1. The applicant's engineer, Ben Waldman, P.E., with LSC Transportation Consultants has submitted a letter from Colorado Department of Transportation dated October 26, 2005 by Gloria Hice-Idler stating that full movement access would be allowed onto State Highway 66 at the CR 11 intersection and the CR 13 intersection. An additional full movement access would be considered onto State Highway 66 if placed a half-mile between CR 11 and CR 13. The letter states the third full movement access would be considered, but it is not clear if it has been granted by CDOT. The applicant shall clarify this access point with CDOT in writing and provide Public Works with a copy of CDOT's approval of the proposed access. (Department of Public Works) 2. Public Works typically requires that access points to an arterial road be limited to half-mile intervals. The County will consider quarter-mile access points if safety issues, roadway capacity and the level of service (LOS) for CR 9.5 (arterial) are not compromised. Public Works will finalize access points for the proposed development with the applicant at the change of zone as the final traffic impact study will be needed for evaluation of locations. (Department of Public Works) 2. Prior to recording the Change of Zone plat: A. The applicant shall attempt to address the requirements (concerns) of Weld County Sheriffs Office, as stated in the referral response dated October 28, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of the No. 3 Outlet Ditch and the Highland Ditch Company, as stated in the application correspondence dated June 10, 2005 and May 24, 2005 respectively. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the requirements (concerns)of the Town of Mead, as stated in the referral response dated January 5, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements (concerns) of the Town of Firestone, as stated in the referral response dated January 11. 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the St. Vrain Valley School District, as stated in the referral response dated November 15, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the St. Vrain Sanitation District, as stated in the Agreement for the Provision of Sanitary Sewer Service dated July 6, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil Conservation District, as stated in the referral response dated November 4, 2005. St Vrain Lakes PUD PZ-1078, Page 12 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall attempt to address the requirements (concerns) of the Office of the State Engineer, as stated in the referral response dated October 31, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the State of Colorado Division of Wildlife, as stated in the referral response dated November 8, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated November 3, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall address the requirements (concerns) of Department of Public Works, as stated in the referral response dated November 15, 2005 and January 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall address the requirements (concerns) of Felsburg, Holt and Ullevig, private consultant to the Department of Public Works, as stated in the referral response dated November 15, 2005 and electronic mail comments of January 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) M. The applicant shall address the requirements (concerns) of Department of Public Health and Environment, as stated in the referral response dated November 23, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) N. The applicant shall address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated November 1, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) O. The applicant shall be required to provide written and graphic evidence from the St Vrain School District and Post Office of jurisdiction, that the proposed mailbox location and bus shelter plan meets their design standards and delivery requirements for the mailbox facility and the proposed school drop off / pick up location shall be approved by the School District. Written evidence of compliance with their standards and requirements shall be submitted to the Department of Planning Services. Further, evidence shall be provided that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. The Department of Building Inspection shall review the proposed structure for compliance with all applicable codes as warranted. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) P. The applicant shall provide the Department of Planning Services with a sign plan that conforms with Chapters 23, 26 and 27 of the Weld County Code. (Department of Planning Services) St Vrain Lakes PUD PZ-1078, Page 13 Q. The applicant shall address the requirements(concerns)of Colorado Department of Transportation, as stated in the referral response dated October 26, 2005, October 27, 2005, and January 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services, Department of Public Works and the Colorado Department of Transportation) R. The applicant shall provide evidence from the Division of Minerals and Geology stipulating that the amended reclamation activities have adequately been addressed and are in conformance with the submitted application and supporting documents. (Department of Planning Services) S. The applicant shall submit and be conditionally approved for all signs associated with this development, including dimension, location, illumination and material type. (Department of Planning Services) T. The plat shall be amended to include the following: 1. All pages of the plat shall be labeled PZ-1078. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat per Section 23-2-690 of the Weld County Code. (Department of Planning Services) 3. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of the Weld County Code. (Department of Planning Services) 4. The applicant shall contact the Colorado Department of Transportation regarding the future right-of-way for State Highway 66 and delineated it as existing and future right-of-way for future expansion of State Highway 66 on the plat. (Department of Planning Services) 5. CR 13 is classified by the County (Weld County Roadway Classification Plan, June 2002) as a major corridor - arterial road (adjacent to the east of this development) and requires a 140-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated. This road is maintained by Weld County. (Department of Public Works) 6. CR 9.5 is classified by the County (Weld County I-25 Parallel Arterial Study, September 2003) as a major arterial road (adjacent to the west of this development) and requires a 140-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated. This road is maintained by Weld County. (Department of Public Works) 7. CR 28 is classified by the County (I-25 Mixed Use Development Area Structural Plan — Map 2.2 Structural Transportation Network, July 2004) as a minor arterial road within this development and requires a 110-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated. This road is maintained by Weld County. (Department of Public Works) n St Vrain Lakes PUD PZ-1078, Page 14 8. CR 11 has been annexed by the Town of Mead. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated. This road is maintained by the Town of Mead. (Department of Public Works) 9. The internal local roadway right-of-way shall be 60-feet in width including cul-de- sacs with a 65-foot radius and dedicated to the public. The internal collector roadway right-of-way shall be 80-feet in width and dedicated to the public. (Department of Public Works) 10. The No. 3 Ditch, the Highland Ditch and the Hayeed Ditch must be appropriately labeled and dimensioned including setbacks. (Department of Public Works) 11. The plat shall delineate the 400' x 400' and the 800' x 800' Oil and Gas drilling envelope locations per state statute, if applicable. (Department of Planning Services) 2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. The site specific development plan is for a Change of Zone from (A) Agriculture to PUD with (E) Estate; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial, (C- 2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District (St. Vrain Lakes PUD) as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. The Bulk Standards Requirement as delineated in Section 23-3-160, Table 23.4, for R-1, R-2, R-3, R-4 Zone Districts. (Department of Planning Services) C. The Open Space Lots are non-buildable for residential structures or structures providing habitable space. (Department of Planning Services) D. Water service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) E. Sewer service shall be obtained from the St. Vrain Sanitation District. (Department of Public Health and Environment) F. Permanent restroom and hand washing facilities shall be provided within easy access of all public gathering areas. At a minimum permanent, vaulted restroom facilities restroom facilities shall be placed around the lake. A vault facility similar to a rest area or park service facility is recommended. (Department of Public Health and Environment) G. The recreational uses on the lakes will be subject to the water quality standards of the Colorado Department of Public Health and Environment Swimming Pool and Mineral Bath Regulations. (Department of Public Health and Environment) H. A CDPHE construction storm water discharge permit will be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) St Vrain Lakes PUD PZ-1078, Page 15 During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) J. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) K. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) L. 'Weld County's Right to Farm" statement as provided in Appendix 22-E of the Weld County Code shall be recognized at all times. (Department of Public Health and Environment) M. There are Confined Animal Feeding Operations in close proximity to this development. Residents should be made aware that there may be traffic, noise, flies and odors associated with these activities. (Department of Public Health and Environment) N. A Metropolitan District shall be established prior to the sale of any lot. The District is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) O. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. (Department of Planning Services) P. The Southwestern Weld County Law Enforcement District shall be established prior to the sale of any lot. (Department of Planning Services) Q. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less then 3 '/ feet in height a maturity. (Department of Public Works) R. All signs including entrance signs shall require building permits. Signs shall adhere to the approved sign plan. (Department of Planning Services) S. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) T. No grading permits will be issued for this project with out submission and Weld County approval of erosion control and sediment control plans prepared, stamped and signed by a professional engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one portion of this site may require construction of temporary or permanent erosion control and sediment control best management practices on other portions of the site. (Department of Public Works) U. Building permits shall be obtained prior to grading or the construction of any building or structure. Building permits are also required for signs and structures such as bus shelters if provided. (Department of Building Inspection) V. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans shall bear the wet stamp of a St Vrain Lakes PUD PZ-1078, Page 16 Colorado registered Architect or Engineer. Two complete sets of plans are required when applying for each permit. Commercial building plans require a Code Analysis Data Sheet, provided by the Department of Building Department. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) W. 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. (Department of Building Inspection) X. Each residential building will require an engineered foundation based on a site-specific geo-technical report or an "open hole" inspection conducted by a Colorado Registered Professional Engineer. Engineered foundations shall be designed by a Colorado Professional Engineer registered in the State of Colorado. (Department of Building Inspection) Y. 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 Weld County Code. (Department of Building Inspection) Z. 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 to determine compliance with offset and setback requirements. Offset and setbacks are measured from 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. (Department of Building Inspection) AA. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) AB. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) AC. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) AD. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made St Vrain Lakes PUD PZ-1078, Page 17 supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AE. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) AF. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) AG. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30)days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 3. At the time of Final Plan submission: A. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen r (15)feet shall be allocated as a utility easement. (Department of Planning Services) B. The applicant shall submit to the Department of Planning Services a copy of the Restrictive Covenants, the Metropolitan District, the Law Enforcement Authority and Home Owners Association Incorporation paperwork for St. Vrain Lakes PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) C. The applicant shall provide an Improvements Agreement for both Public and Private Improvements according to Policy Regarding Collateral for Improvements. This agreement must be reviewed by the Department of Public Works, the Department of Planning Services and shall be approved by the Board of County Commissioners. (Departments of Planning Services and Public Works) D. The applicant shall submit to Public Works a stamped, signed and dated final plat drawings and roadway/construction and grading plan drawings for review. Construction details must be included. (Department of Public Works) E. Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. (Department of Public Works) F. The applicant shall submit a final drainage report stamped, signed and dated by a professional engineer licensed in the State Colorado. 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. (Department of Public Works) r St Vrain Lakes PUD PZ-1078, Page 18 H. Final grading, drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval. (Department of Public Works) 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. (Department of Public Works) J. The applicant shall submit a deed for recording with the Final Plat to the Department of Planning Services that the open space and mineral rights are deeded to the Metropolitan District. (Department of Planning Services) K. The applicant shall provide an Open Space / Landscape Plan per Section 24-3-50.G of the Weld County Code for review and approval. (Department of Planning Services) L. The applicant shall provide additional information pertaining to the plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary, if any. (Department of Planning Services) M. The applicant shall address the on-site landscape treatment, including the proposed uses associated with the agricultural outlot. (Department of Planning Services) N. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during construction. The plan shall include information regarding plant type, installation methods and maintenance. (Department of Planning Services) O. The applicant shall demonstrate how the proposed plant material will be watered. Further, the applicant shall provide evidence that the tap from Little Thompson Water District is permitted to provide irrigation water to the landscaped areas. (Department of Planning Services) P. The applicant shall submit a time frame for construction in accordance to Section 27-2- 200 of the Weld County Code. (Department of Planning Services) Q. The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Mountain View Fire Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) R. Prior to recording the Final Plat the applicant shall present a unanimous petition of all landowners and residents of the St. Vrain Lakes PUD registered to vote in the State of Colorado thus qualifying the Development for inclusion into the Southwest Weld County Law Enforcement Authority (SWCLEA) (if it has been created) or for creation of a separate Law Enforcement Authority (LEA) (if it was not created). A LEA is a taxing unit with a maximum mill levy of 7 mills created for the purpose of providing additional law enforcement by the county sheriff to the residents of the developed or developing unincorporated Weld County. The revenues would be available initially to provide directed patrols and eventually to provide additional deputies to carry out those activities within the LEA. This is intended to offset the demand for law enforcement generated by increased population densities. (Department of Planning Services) St Vrain Lakes PUD PZ-1078, Page 19 S. The Final Construction plans must legibly show sufficient detail at an appropriate scale to see proposed finished floor elevations in relation to the 100-year maximum water surface elevations in the adjacent channels and swales. (Department of Public Works) T. As-Built survey data and plans of all drainage facilities including all storm drain pipes, headwalls, inlets, swales, detention pond outlet structures giving locations and elevations of key features shall be submitted in digital format to Weld County upon completion and final acceptance by the County. (Department of Public Works) U. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 4. Prior to construction: A. Stop signs and street name signs will be required at all intersections. (Department of Public Works) B. Prior to the commencement of construction activities, stormwater erosion control and sediment control best management practices shall be in place in accordance with approved permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction. (Department of Public Works) C. The applicant shall provide a letter on letterhead from the Mountain View Fire Protection District stating that all requirements have been met for each Filing and/or Phase of this development. (Department of Public Works, Department of Planning Services) St Vrain Lakes PUD PZ-1078, Page 20 46t744: MEMORANDUM WinTO: Board of County Commissioners COLORADO. DATE: December 20, 2005 COLOR FROM: Kim Ogle, Planning Manager SUBJECT: Pre-Advertisement Request for Change of Zone, PZ-1078 PUD Change of Zone from (A) Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District (St. Vrain Lakes PUD) Tom Morton, Applicant Tyler Packard, Development Manager, on behalf of CARMA Colorado, Inc., for PZ-1078, a PUD Change of Zone from (A) Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District. --- The development is to be identified as St. Vrain Lakes PUD. This request is due in part to keeping the project moving forward. The applicant was scheduled for a December 20, 2005 Planning Commission hearing, however, due to a late referral from Felsburg, Holt and Ullevig, consultants to Weld County Public Works, the land use case was set back thirty days. The Planning Commission hearing date is January 17, 2006 and the applicant has requested a February 8, 2006 hearing date before this Board. In light of the unforeseen events, the Department of Planning Services is in support of this request by CARMA Colorado, Inc. 467 is MEMORANDUM WI le. TO: Planning Commissioners COLORADO DATE: December 20, 2005 FROM: Kim Ogle, Planning Manager\k9 SUBJECT: Continuance Request for Change of Zone, PZ-1078 PUD Change of Zone from (A) Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District (St. Vrain Lakes PUD) Tom Morton, Applicant Tyler Packard, Development Manager, on behalf of CARMA Colorado, Inc., for PZ-1078, a PUD Change of Zone from (A) Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District. The development is to be identified as St. Vrain Lakes PUD. This request is due in part to address a late referral from Felsburg, Holt and Ullevig, consultants to Weld County Public Works. The applicant has requested a hearing date of January 17, 2006. In light of the unforeseen events, the Department of Planning Services is in support of this request by CARMA Colorado, Inc. DEC. 12. 2005 11 : 02AM CARMA NO. 3365 P. 2/2 COQ Best Communities. Best Tfilue.Since 7958 December 12,2005 Weld County Planning Department do Kim Ogle 918 10th Street Greeley. CO 80631 Dear Kim Ogle; This letter is to request a pre-ad hearing for the Board of County Commissioners for the SG Vrain Lakes Change of Zone Item #PZ 1078 St. Vrain Lakes POD. We received a late review that required our Planning Commission hearing to be delayed to January 17, 2006 and would like to maintain our schedule for the Board of County Commissioners on February 8,2005. We appreciate your help in this matter. Sincerely, Carina Colorado,Inc. Tyler M.Packard Development Manager Highland Place II, 9110 E. Nichols Avenue,Suite 180 Englewood, Colorado. U.S.A. 80112 Tel: (4Ai) 706-9451 Fax:{303) 706-9453 denverinfoacarma.ca Ca_ Best Communities. Weld D0li Best Value. Since 1958 wean B D LEI oFFiceP8rtrnent SEC November 30,2005 X 2 200. RECE Weld County Planning Department VE0 do Kim Ogle 918 10th Street Greeley,CO 80631 Dear Kim Ogle: This letter is to notify you of our intent to continue the Planning Commission hearing for the St. Vrain Lakes Change of Zone item #PZ-1078 St. Vrain Lakes PUD, from the December 20, 2005 hearing to the January 17,2006 hearing in order to allow us to address the comments received from Public Works regarding transportation dated November 28,2005. We appreciate you assistance in this matter. Sincerely, Carma Colorado, Inc. Tyler M. Packard Development Manager • • Highland Place II, 9110 E. Nichols Avenue, Suite 180 Englewood, Colorado, U.S.A. 80112 Tel: (303) 706-9451 Fax: (303) 706-9453 denverinfo@carma.ca DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 W����• SOUTHWEST OFFICE 4209 CR C 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 October 18, 2005 Tom Morton Carma Colorado Highland Place II 9110 E. Nichols Avenue. Ste. 180 Englewood CO 80112 Subject: PZ-1078- Request for PUD Change of Zone from (A)Agriculture to PUD with (E) Estate ; (R-1) Low Density Residential: (R-2) Duplex Residential; (R-3) Medium Density Residential: (R-4) High Density Residential: (C-1) Neighborhood Commercial and (C-2)General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District(St. Vrain Lakes PUD)on a parcel of land described as Parts of Sections 25, 35, and 36,T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 20, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 4209 CR 24 'Va, Longmont, Colorado. It is recommended that you and/or a representative be in •--Attendance to answer any questions the Planning Commission members may have. it is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick and Mead Planning Commission for their review and comments. Please call Firestone at 303-833-3291, Frederick at 303-833-2388 and Mead at 970-535-4477 for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right- of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, .im O � Planner BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 28, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A CHANGE OF ZONE, PZ-1078 PUD CHANGE OF ZONE FROM (A) AGRICULTURE TO PUD WITH (E) ESTATE ; (R- 1) LOW DENSITY RESIDENTIAL; (R-2) DUPLEX RESIDENTIAL; (R-3) MEDIUM DENSITY RESIDENTIAL; (R-4) HIGH DENSITY RESIDENTIAL; (C-1) NEIGHBORHOOD COMMERCIAL AND (C-2) GENERAL COMMERCIAL AND CONTINUING OIL AND GAS PRODUCTION USES IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT (ST. VRAIN LAKES PUD) KIM OGLE c:t ame of Person Posting Sign Signat f Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I ._ The foregoing instrument was subscribed and sworn to me this MI day of . ciich , 2006. WITNESS my hand and official seal. /j it nl LL d - l,. G Notary Publi My Commission Expires: 2- % ? e -'I . l'i Noncea r Muc /ICE a"` > k! ` •Plat alit MONO If IT MI!Ma eII I.1. y a. 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Nichols Avenue, Suite 180, Englewood CO 80112 REQUEST: Change of Zone from(A)Agriculture to PUD with(E)Estate; (R-1)Low Density Residential; (R-2)Duplex Residential;(R-3)Medium Density Residential;(R-4)High Density Residential; (C-1)Neighborhood Commercial and(C-2)General Commercial and continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District(St.Vrain Lakes PUD) LEGAL: Parts of Sections 25, 35, and 36, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Multiple parcels generally located East of and adjacent to the 1-25 Frontage Road, South of and adjacent to SH 66; west of and adjacent to CR 13 and north of and adjacent to St. Vrain River Zonina Land Use N A(Agricultural) N Agricultural lands, within MUD Boundary E A(Agricultural) E Agricultural lands, Aurora Dairy approximately 0.75 mile East S A(Agricultural) S St. Vrain Creek, Gravel Mining operations, lakes, gas well head & underground distribution lines, open lands, St Vrain River, Southwest Service Center- County Offices W A (Agricultural) W Town of Mead Corporate Limits -Abandoned Batch Plant/ 1-25 and 1-25 Frontage Road COMMENTS: Land is vacant, the site of a former mining operation that is no longer operation. Site Reclamation is complete. There are no improvements on site. There is one point of access from the 1-25 Frontage Road, a two lane paved road, posted speed is 55 MPH. The property is fenced, with some points of ingress and egress gated. The remnant scale house facility pad is visible with miscellaneous material considered to be parts of a NCJY visible, wire, debris, metals, etcetera. The land lies low near the two lakes north of the St Vrain Creek. Elevation at the lakes edge is approximately 4816 and steps up to the north through a series of terraces to a high point adjacent to WCR 28 with an elevation of 4920. Change in grade is approximately 100 feet. Native grasses predominate the site with a few trees near the creek. A wetland area traverses the site, northwest to southeast and is located in the northeast corner of the property. (Lands near River, sloping to North) Land south of and adjacent to CR 28 are predominately agricultural, however,there are prairie dog colonies present, marginal lands associated with drainage patterns, and standing water. Land north of CR 28 are large tract agricultural lands with irrigation ditches. Visual inspection notes this to be the most productive of the lands associated with this project. All existing County Roads in this general are two lane local gravel road with sixty feet of right-of-way. There is an under-crossing of 1-25 on a western alignment with CR 28. CR 13 is a paved two lane road, 1-25 Frontage Road is a paved two lane road. Unless otherwise posted all roads are 55 MPH. There are several structures in the area border by the Carma development. Several of the residences will remain,and are not a part of the development,whereas,some buildings and farms structures will be removed or relocated within the development. Visual assessment. The property looks over and across St Vrain State Park, the St. Vrain Creek, Interstate 25 and Agricultural lands. The long view to the west include the front range foothills and mountains beyond. Visual Inspection Noted: O?)-louse(s)- Several in area,all appear to be legal, some to remain as part of application C4. Derelict Vehicles-Yes, see NCJY G}?f Outbuilding(s) Ca'r Access to Property-based on Plan to be approved by others NJ's Irrigation Sprinkler NO./Crop Productions MM' Crops C3°r ite Distance CI Wetlands Q�Mobile Home(s)-see NCJY Ist Oil &Gas Structures D7 Other Animals On-Site tit? Wildlife C Water Bodies 'j Utilities On-Site(transmission lines)- Easements and Substation Cfi itch LP Topography- slopes south from SH 66, a bluff approximately 0.5 miles south of CR 28 e Non-commercial junkyard (list components): Tires, debris, metals, wood, construction materials, salvage Vehicles and mobile home -appearances as a job trailer Signature: ' Ogle, Planner December 16 & December 31, 2005, January 2006 Hello