HomeMy WebLinkAbout20053180.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 4 6 7 - 0 5 - 2 - 0 0 - 0 3 7
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
Legal DescriptionLot B AMRE3381- S 1 /2,N 1 /4 Section 5 ,Township 1 North, Range 68 West
Property Address(If Applicable)
Existing Zone District: AG Proposed Zone DistrictPUD Total Acreage: 73 .89 Proposed#/Lots NINE
Average Lot Size: 6 Acres Minimum Lot Size:4 . 5 Acre Proposed Subdivision Name: Highview Ranch
Proposed Area (Acres)Open Space: 1 4 38 Arreq (11 1 open Spare. 3 Acre pasemnrtt =for
detention pond()
Are you applying for Conceptual or Specific Guide? Conceptual Specific x
FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Frank E. and Loretta R. Wright
-- Work Phone#303-440-0381Home Phone#303-440-0381 Email Addressflwright@copper.net
Address: 22 Seven Hills Drive FM: (30331 443- 12.7.1
City/State/ZipCode Boulder, CO 80302
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Frank Wright
Work Phone#3 0 3-4 4 0-0 3 81Home Phone#303-440-0381EmailAddressflwright@copper.net
Address: 22 Seven Hills Drive
City/State/Zip Code Boulder, CO 80302
UTILITIES: Water: Left Hand Water District PO Box 210 Niwot CO 80544.0210 Contacted Terri Magnuson PE
Sewer: ISDS Individual Septic Disposal System Weld CountyDept of Public Health 1555 N 17 Ave Greeley 80631
Gas: Minder Morgan 323 3Street Frederick CO 80530 Contacted Randy Hayes
Electric: United Power 18551 E 160"Ave Brighton CO 80601 Contacted Bill Meier
Phone: 1)west PO Box 173754 Denver CO 80302-9737
DISTRICTS: School: St Vrain Valley School District 395 S Pratt Pkway Longmont,CO 80501 Contacted Glen Segrue
Fire: Mountain View Fire District 9119 County Line Rd Longmont CO 80501 Contacted Lu Ann Penfold Fire Marshall
Post: Erie Post Office USPO 150 Wells St Erie,CO 80516-9998 Contacted Cecilia Barthen Postmaster
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation.I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners concerning the proposed Change of Zone forthe above described unincorated area of Weld County,
Colorado:
IC t a CH( Ste ) �. J�/97��
Signature: Owner or Authorised Agent Date Signature: Owner or Authoriz A.
EXHIBIT
2005-3180 1
HIGHVIEW RANCH PUD PK-1074
Change of Zone summary of concerns during sketch plan and an
explanation of how they will be addressed or resolved.
The comment was that the 9 residential lots were consistence with the E(Estate)
Zone District with one exception being applicant was limiting lots to 2 horses per lot. The
applicant no longer request to limited the number of horses and will adhere to the Estate
Zone District requirements under Section 23-1-90 for number of horses allowed and all
other requirements, including setbacks, offsets and building height for E (Estate) Zone
District requirements.
The appropriate documentation has been provided prior to submitting this Change
of Zone application showing there is an adequate public water supply. The
documentation indicates that taps are available, provide assurances in the agreement that
these connections will be made and has been approved by the Weld County Attorney and
a copy of the approval forwarded to the Planning Dept.
Section 22-2-70 of the Weld County Code states"Urban scale development may
be characterized by intense residential, commercial areas for retail, offices, services and
other uses that are primarily along major roadways, etc." Section 27-2-140 of the Weld
County Code states "Non-Urban scale developments are developments comprised of
nine (9) or fewer residential lots located in a non-urban area as defined in Chapter 22, not
adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors."
Highview Ranch PUD meets the definition of non-urban scale development as far as
being nine (9) lots, located in a non-urban area, not adjacent to other subdivisions or
urban growth corridors but is adjacent on two sides to a nine (9) lot PUD and a seven (7)
lot PUD. Both of these PUD are estate size lot PUDs surrounded by open space. The
other two sides are an 80-acre ranch and 100 of acres of agricultural land. The Highview
Ranch PUD application to be a nine (9) lot PUD is not characterized by intense
residential, commercial areas etc., thus does not fit the urban scale development in this
respect, but doesn't fit the non-urban scale development completely either, by having
adjacent PUD,s. Section 22-1-110f of the Weld County Code states a PUD is a
subdivision mechanism used which provides greater flexibility than the subdivision
ordinance of Chapter 24. Taking into consideration the surrounding properties character
of non-urban ranch style properties with large acreage lots on rural roads without
sidewalks, curbs and gutters and taking into consideration that to help filter water before
entering the detention pond by using grass line swells along side of the roads, Highview
Ranch PUD would like to request a waiver from the need for sidewalks, curb
and gutters.
Highview Ranch is planning on keeping a minimum of 15%open space, which
fits the urban scale requirements for open space.
The existing right-of-way easement under Amoco production company number
2025487 is no longer an Amoco production company easement. In fact, Amoco
production company sold all it's assets to other oil companies and ended this part of their
business. The ROW has been reviewed by EnCana Energy Resources, which have a lease
to drill and maintain a gas well on Highveiw Ranch. EnCana referred it to Kerr-McGee
oil company (who purchased a lot of Amoco interests in this area) after determining it did
not own an interest in the ROW. Kerr-McGee researched it and found, after looking at
Page 1 of 4
Amoco oil pipeline maps that there was no history of this ROW. Kerr-McGee also
determined that they did not acquire an interest in the ROW. They also could not find a
link to any other oil company owning this ROW. Kerr-McGee did not feel comfortable
putting this in writing because they would then acquire some responsibility for the ROW
and the gas line (if there is even a gas line) and it's maintenance, in the ROW. Without a
history to trace back, one can only see if some oil company comes forward in the future
to claim the ROW. In the mean time, the 30' ROW (located along the eastern property
line) in no way interferes with the development. The ROW is located in dedicated open
space. Any future use of this ROW by an oil company should not cause any issues or
concerns beyond the ROW, considering that mineral owners and mineral lessees are
already accounted for and any interest beyond this ROW and the owner of the ROW
would have to be deal with Anadarko Land Corp., Anadarko E&P Company (mineral
owners) and EnCana(mineral lessees).
The County Road Impact Fee Program has been discussed with Peter Schei of the
Weld County Public Works department. A fee has been established and the forms needed
to be submitted at final plat.
Building permits will be obtained for any permanent signs. All permanent signs
and sign structures have been delineated on the plat. A separate sign plan has been
included with the change of zone application.
When building permits for the actual homes to be built are obtained, the concerns
of the Colorado Geologic Survey will be addressed about the foundations and individual
septic systems. The concerns (before building permits are issued) about the drainage are
address by the professional civil engineer designing the detention pond. County
regulations were discussed with Peter Schei, P.E., Civil engineer with Weld County
Public Works department about discharge into the adjacent roadside ditch to the west of
the property and he indicated it was ok.
The parcels of land located in the southwest of the PUD adjacent to County Road
3 will be open space with a small portion for the detention pond. The detention pond will
not subtract from the overall 11.1 acres planned for open space. The parcel located in the
northeastern portion of the property will be open space, part of the total 11.1 acres
planned for open space.
Lot 7 of the subdivision has been adjusted to the north to alleviate the issue of
traffic lights from eastbound traffic shinning into residential development of the property.
While not all of the lot is shielded from traffic, situating the residence to the north and
placing the garage on the south side will address the issue of car lights shinning into the
residence. If additional measures are needed, a treed berm can be used to shield the
residence.
The 10-acre conservation easement proposed in the southwest portion of the
property has been eliminated and the 10 acres divided and added to the adjacent lots one
and two and the open space to the west. This change was review by Weld County
Planning staff and because it did not change the overall lot plan and just increased the
size of lots 1 & 2 there was no need for a new sketch plan.
Page 2 of 4
Weld County Public Works
A 110' right-of-way has been noted on the change of zone plat. A proposed
agreement, for improving WCR 3 has been entered into and this agreement will be
submitted with final plan application.
The bus pullout has been discussed with Rick Ring, Director of Custodial and
Transportation Services with the St Vrain Valley school district, and he sent a letter
stating that there is no need to install a turn around or install a bus stop shelter, and that
they would like to reserve the right to relocate bus stops as they deem necessary.
Internal roadways will meet Weld County criteria for a PUD. As requested all
internal roadways will have a 60' ROW, a typical roadway cross-section shall be shown
on the change of zone plat, stop signs and street signs will be install at all intersections
and the roadside drainage will be contained within the right-of-way.
A professional engineer will provide a pavement design prepared by a
professional engineer at final plan submittal.
A drainage report stamped, signed and dated by a professional engineer will be
prepared and submitted at change of zone. Construction details for lot grading, final
drainage construction plans and erosions control plans will be submitted with the final
application.
Intersections sight distance triangles at the development entrance will be on final
roadway plans with the landscaping within the triangles being less than 3 %2 feet in height
at maturity.
St Vrain Valley School District
An agreement of cash-in-lieu fee has been signed to accommodate future
students in this feeder. See the signed agreement for voluntary capital mitigation for
Highview Ranch.
Rick Ring, Director of Custodial and Transportation Services, has sent a letter
stating that there is no need to install a turn around or to install a bus stop shelter.
Weld County Health Department
An agreement has been provided that states water is available from Left Hand
Water District.
Individual sewage disposal systems will be designed by a professional septic
engineer, when each lot applies for a building permit.
The covenants will state that such activities as landscaping (i.e. planting of trees
and scrubs) and construction(i.e. auxiliary structures, dirt mounds, etc.)will be
prohibited in the designated absorption field sites (this includes both designated septic
system envelopes for each lot).
Mountain View Fire Protection District
Construction of all residences will be in accordance with the provisions of the
Uniform Fire Code.
The emergency access road will be recorded on the plat as maintained and the
covenants will state that the maintenance will be by the homeowner association.
Construction plans for the utilities showing the final location of fire hydrants, the
size of water mains and available fire flows will be shown on final plat and submitted for
review and approval by the fire department before beginning construction.
Page 3 of 4
Weld County Building Inspection
A separate building permit will be applied for prior to construction of any
building. The buildings will conform to requirements of the code adopted by Weld
County at the time. Each building will have an engineer foundation. The plans will be
submitted for review to make sure all fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas are ok. Setback and offset
distances will be determined by the Zoning Ordinance. Building height will measured in
accordance with the 2003 IBC.
Page 4 of 4
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DEVELOPMENT GUIDE for PK-1074 - Highview Ranch PUD
Component One—environmental impacts
1-2.Noise, vibration, smoke, dust, and odors should have little impact on neighbors or the
environment during construction or after all the homes are built, because the PUD is made of only
9 large acreage lots, located great distances from adjacent homes in the area.
3. Heat, light and glare will be a small impact, because construction will be during daylight hours,
and after all homes are built, because the PUD is located in a rural area with large acreage lots.
Six lots of 6 acres each, one 4.5 acres, one 5 acre,and one 81/2 acres lots
4. Visual/aesthetic impacts: With the surrounding area being farm land and homes there on large
acreage lots, the visual/aesthetic impacts during construction should not look significantly
different than when the 74 acres was being farmed. After development, with homes on the lots,
the visual/aesthetic impact should be a positive one for the neighborhood, with the design of the
homes in the PUD being similar in design to the neighbors.
5-6 Electrical interference and water pollution will little impact due to the fact that there is no
water on the property or electrical lines overhead. If water needs to be used during
construction it can be contained on the property and not allowed to pollute any neighboring
property. Any electricity used will not cause interference with the environment or neighbors.
7. Waste water disposal during construction will be hauled off. Use of port-a-potties will be used
during construction.
8. There are no wetlands to be removed.
9. Erosion and sedimentation if any will be contained with an erosion control plan.
10-11. Excavation, filling, grading, drilling, ditching, and dredging during construction of the
infra-structure and the building of homes will have little impact on the neighboring environment
or the neighbors due to the fact that the PUD is made of large acreage lots surrounded by large
acreage neighbors with modest size homes.
12. Air pollution, mainly from heavy equipment will be lessened because of the rural setting and
the large acreage of the PUD. The paved roads in the PUD, and the paving of WCR 3 will lessen
air pollution from traffic.
13. Solid waste will be contained in engineered individual designed septic systems for each lot.
One septic system per lot(minimum lot size of 4.4 acres),on the size of lots proposed, is within
Weld County code for mitigating the impact on the environment.
14. There is no wildlife on the PUD so removal is not an issue.
15. The 74 acres have been farmed so there is no natural vegetation to be removed.
16. It has been determined(because the land has been dry land farmed for years)that there is no
radiation/radioactive material to be removed.
17. Drinking water will be individual water taps supplied by Left Hand Water District.
18. It was determined by Weld County Public Works that even though there will be an increase in
traffic, no traffic impact study was needed. WCR3 is slated to be paved in 2006, so this should
take care of any increase in dust that may have occur on WCR 3 due to the development and
lessen any impact on the environment from increased traffic.
Component Two—service provision impacts.
1. Schools are close by in the town of Erie. A new high school is being built that will
accommodate the additional student impact. A signed agreement for cash toward building
a new elementary school has been entered into with the St Vrain School District to
Page 1 of 4
accommodate additional elementary school children.The school bus will come by the
property to pick up school children.
2. Law enforcement will be via the Weld County Sheriff.
3. Fire protection will come from Mountain View Fire Protection District located less than
10 miles away. They have adequate, fire protection equipment to handle the PUD.
4. Ambulance will come from the town of Erie, Sheriff dept and Mountain View Fire
Protection.
5. Transportation will come via WCR 3,which is classified by the county as a minor arterial
road with 162 vpd(vehicles per day). The addition of the PUD will add 86 vpd to WCR
3. WCR 3 is a 28' wide gravel road and is slated to be paved in 2006 with 28' wide
pavement and 4' wide shoulders. A separate improvements agreement to help pave WCR
3 and method of pavement has been agreed upon and will be submitted with final plat
application.
6. According to Weld County Public Works, based on the proposal of limited development
and anticipated low transportation impact on surrounding roads, a traffic study is
currently not required.
7. The existing 74 acre site located south of State Highway 52 on the east side of Weld
County Road 3 is characterized bya high ridge located within the middle of the lot. The
site has three distinct drainage basins that direct water either to the Weld County Road,to
the north or to the east.No off site storm water enters the property.
The proposed grading of the site does not change the historic flow patterns and the
proposed uses are small compared to the entire site area therefore limited detention is
required. The basin that sheds to the east will remain undeveloped therefore no detention
or drainage structures are required. The basin that sheds to the north will be smaller than
the historic basin and the runoff will be less than pre-developed and no detention is
required in this area. The home sites are all between 4.5 acres and 8.0 acres in size and
will have native grass cover for the majority of the lot. This will provide water quality in
the form of a large grass buffer and these lots will not contribute adversely to the water
quality. The basin that sheds to the west will be larger than the historic basin and a
detention pond with water quality facility will be installed. The pond will be long and
narrow to captured all of the runoff and the roadside swales will direct water to the pond.
Two outlet structures will control the release of the water to WCR 3 to the historic 5-year
flow rate and this is a decrease in flow of 60 cfs from the historic 100-year flow rate.
Extended Detention as described in the Urban Drainage Storm Drainage Criteria Manual
Volume 3 has been designed for this site and the water quality capture volume will be
released within a 40 hour period. The two outlets to shallow swales will allow the run off
to spread out before entering the WCR 3 Right-of-Way and then traveling on south to
the Lower Boulder Irrigation Ditch.
Overall the storm drainage runoff from the developed site will be controlled so that little
to no impact will be experienced form properties down stream from this project. (Note:
This statement prepared by Enrhart and Griffin& Ass.,civil engineers)
8. Utilities such as gas is provided by Kinder Morgan and a statement from a representative
stating there is enough gas to service the PUD is included. United Power will provide
electricity via the power lines located along WCR 3.
9. Water will come from Left Hand Water District. The have stated there is plenty of water
in the 24"pipe line in Highway 52 to service the PUD and there is a signed agreement to
provide water taps to the PUD.
10. The sewage systems will be individual septic systems for each lot design by a
professional septic engineer at the time each lot applies for a building permit.
Page 2 of 4
11. The PUD plan will include adding 25' to the existing 30' right-of-way(from the center
line)to allow for future expansion of WCR 3 if every needed by Weld County Public
Works.
Component Three—landscaping elements
1-2. In the covenants each homeowner will be required to plant at least three deciduous trees
in front of their homes within 20' of the street. The entry to the PUD
(being 1200' plus from the homes)will conserve water and be landscaped with landscape rock
and natural(no water)grasses. The PUD consists of large acreage lots,which in themselves will
act as buffer form neighbors and thus any landscaping the homeowners do themselves will only
add to the compatibility of the neighborhood that consist mainly of large acreage horse property.
The open space areas will be planted with natural grasses.
3-5 The maintenance of the entry and open spaces will be by the HOA. A improvements
agreement will be submitted to the Department of Planning Services before grasses are planted or
the entry landscaped. Because of the no water approach for the landscaping an adequate water
supply will not be needed.
Component Four—site design
1.The site does not have irrigation ditches on the property to incorporate into the design. The site
does have the topography of a gentle slope up roughly 2/3 of the way from
WCR 3. Once up at the top there are 180-degree views. This is where the homes will be located.
The site is surrounded by large acreage, horse property lots.
2.The proposed PUD rezoning is consistence with goals and policies of Chapter 22 is the sense
that there is adequate water supply, gas and electricity.All of these utilities are either in Highway
52, %2 mile to the north or along WCR 3, adjacent to the property. The large acreage lots can
accommodate individual septic systems. The site conserves the natural topography of the land.
The site has been dry land wheat framed for years so to have horse property with dry land grasses
over the majority of the property helps conserve the natural features. The access to the property
will come via highway 52 to WCR 3 to the entry of the property all of which can handle the
additional traffic of the 9 additional homes. The surrounding neighborhood consists of rezoned
agricultural land to 5,7&9-lot large acreage PUDs.
3. The site PUD rezoning will be compatible with the PUD zone district in the respect that the
general use will be large acreage horse property lots just like the surrounding PUDs and 80 acre
horse property adjacent and to the south,and 100 acre horse property to the west.
4. The proposed density(only 9 homes),architecture(consistence with the neighborhood),
distance between buildings(as much as 70 to 100 feet), building setbacks, and building heights
(under 35 feet), are all compatible with the other PUDs in the area. There appears to be no
conflicts with any neighboring property because of the similarities of the PUDs.
5.The change of zone is not located in a Flood or Geologic Hazard or Airport Overlay District.
Component Five—common open space usage
I-8.Although the site could be classified non-urban scale development;the site will have an open
space area equal to the 15%urban scale requirement. The 11.1 acres set aside for open space will
be permanent,a homeowners' organization established, mandatory membership required in the
HOA. The HOA will be responsible for liability insurance, taxes and maintenance of the open
space. The majority of the open space will be on the west end of the property to preserve the
Page 3 of 4
views as one leaves the PUD. The open space to the west and the rest of the open space will serve
as a buffer from adjacent properties.
Component Six—signage
1. A sign that will have a light shinning on it will be constructed at the entrance to the PUD.
A permit will be obtained,the sign will be less than 32-foot square feet with lettering no
higher than 8", and will not be in the view triangle. A small 12-foot square sign, erected
by the mailboxes, will show emergency personnel the layout of the subdivision and the
addresses of each lot. On each house an address will be attached with 4-inch numbers.No
other signage is anticipated in the PUD. What signage is permitted in the covenants will
adhere to all the requirements in Chapters 23, 26 and 27 of the Weld County Code. The
sign standards will be included in the covenants. The sign standards will provide
harmony and visual quality throughout the project. The size, colors, materials styles or
lettering, appearance of any logo,type of illumination and location will be stated in the
sign standards.
Component Seven—MUD impact
1. MUD is north of Road 20,which is north of this site by several miles,thus no MUD
impact because of this PUD.
Component Eight—intergovernmental agreement impacts
1.An intergovernmental agreement between the town of Erie and Left Hand Water District to
provide water to the site was in place. The town of Erie did not want to supply water and agreed
to let Left Hand Water District supply water to the site.
2.The town of Erie reviewed the PUD plans. Erie's comprehensive plan designates the site as low
density residential(1DU/AC)and states that the proposed PUD complies with the comprehensive
plan.
Page 4 of 4
Drainage agreement: for PK-1074 — Highview Ranch PHD
In order to address the issues of Weld County Code Section 27-5-30I,
which states "A copy of an agreement with the owner of any ditch located on or adjacent
to the site", it was necessary to established if a ditch was located on or adjacent to the
site, Highview Ranch. Examination of a professionally stamped survey of the site, aerial
photographs and site investigation, the definition in a dictionary and thesaurus for
"adjacent" (defined as: next to, adjoining, having a common boundary or edge, touching,
abutting lots, contiguous, bordering) indicates that no ditch is located on or adjacent to
the site. As the licensed professional engineer was preparing the drainage report in
accordance with the Weld County Public Works requirements, the issue of the ditch
being across the street from the site was investigated. A private water attorney, Weld
County Planning staff, Weld County Public Works, and the Weld County Attorney
reviewed this. The general consensus was that while it can be interpreted, that no ditch
was on or adjacent to the site, that there is a ditch across the street, so in lieu of an actual
agreement, an attempt be made to at least incorporate reasonable concerns, i.e. water
quality, off site flows, etc., of the ditch company into the drainage plan. The civil
engineer and I (the owner) attempted to determine any other issues or concerns of the
ditch company through meetings and telephone conversations. No written issues or
concerns would be provided to the owner or the engineer, other than in conversations,
without entering into an open-ended contract. The engineer will address those reasonable
concerns as best ascertained from our conversations with the ditch company when
preparing the drainage reports and incorporate those into the drainage design. Three
issues were identified: water quantity, water quality and maintenance. The first two are
addressed with large estate lots and the use of a detention pond, to detain storm water,
which will be released at 5 -year historic rates. The reason for the use of a detention pond
to control quantity and not a retention or combination retention/detention pond is two
fold, liability issues with children, dogs etc. possibly playing in retained water(which
would have to be fence off), second is the concern about having mosquitoes breeding in
retained standing water and a risk of West Nile virus. While both of these can be
controlled, it becomes an unreasonable detail that can be simply dealt with by just using a
detention pond. Water quality will be by the BMP (Best Management Practices) and time
of detaining and filtering the water to remove impurities will be addressed with several
methods, one being with the use of grass lined swells along side of the roads, instead of
curbs and gutters. Maintenance of the detention pond and related areas will be by the
Homeowners Association. See the stamped, signed and dated professional engineered
plans for more details. The engineered drainage design will release water at less than
historic rate,provide water quality measures to improve the developed runoff, meet the
requirements requested by the Weld County Public Works, Weld County Code and
address the reasonable concerns of the ditch company.
Drainage Statement For Highview Ranch PUD
The existing 74 acre site located south of State Highway 52 on the east side of Weld County Road
3 is characterized by a high ridge located within the middle of the lot. The site has three distinct
drainage basins that direct water either to Weld County Road, to the north or to the east. No off
site storm water enters the property.
The proposed grading of the site does not change the historic flow patterns and the proposed uses
are small compared to the entire site area therefore limited detention is required. The basin that
sheds to the east will remain undeveloped therefore no detention or drainage structures are
required. The basin that sheds to the north will be smaller than the historic basin and the runoff
will be less than pre-developed and no detention is required in this area. The home sites are all
between 4.5 acres and 8.0 acres in size and will have native grass cover for the majority of the lot.
This will provide water quality in the form of a large grass buffer and these lots will not
contribute adversely to the water quality. The basin that sheds to the east will be larger than the
historic basin and a detention pond with water quality facility will be installed. The pond will be
long and narrow to capture all of the runoff and the roadside swales will direct water to the pond.
Two outlet structures will control the release of the water to WCR 3 to the historic 5-year flow
rate and this is a decrease in flow of 60 cfs from the historic 100-year flow rate. Extended
Detention as described in the Urban Drainage Storm Drainage Criteria Manual Volume 3 has
been designed for this site and the water quality capture volume will be released within a 40 hour
period. The two outlets to shallow swales will allow the run off to spread out before entering the
WCR 3 Right-of-Way and then traveling on south to the Lower Boulder Irrigation Ditch.
Overall the storm drainage runoff from the developed site will be controlled so that little to no
impact will be experienced from properties down stream from this project.
1
04 07:26 FROM:TRPNS CUST SaRUICES 303-682-7344 TO:30331221 PPGE:0
Frain Valley School District RE-1J -
- r=
395 South Pratt Parkway • Longmont • CO • 8050'
303-776.6200/449-4978 • FAX 303-68::-
November 19, 2004
Mr. Frank Wright
22 Seven Hills Drive
Boulder, Colorado 80302
Subject: High View Ranch
Dear Mr. Wright,
Thank you for sending me a copy of the plat for this development. After reviewing your
plans there is no need to install a turn around or install a bus stop shelter. At this time this
plat does meet the requirements for the St. Vrain Valley School District. 1t is our intent to
locate a bus stop at the entrance of this development. However, the St. Vrain Valley
School District does reserve the right to relocate bus stops as the we deem necessary.
This letter is not a sign-off on cash-and-lieu fees or mitigation payments. Please contact
the Planning Department (303-682-7229) for more information regarding these.
If T can be of further assistance please feel free to contact meat (303)672-7253.
Res ec fully,
/
Rick Ring
Director of Custodial & Transportation Services
"Excellence - Our Only Option"
St. VaBey
School Distract
Town of Erie
P.O Box 750
Erie, CO 80516
RE: Voluntary Capital Mitigation for HIGHVIEW RANCH .
Dear Steve,
Pending approval of the above application by the Town of Erie,this will confirm that the St. Vrain
Valley School District has reached an agreement with Frank Wright, evidenced by the
signatures below, in regard to the donation of mitigation funds to address the lack of school capacity
for th4Highview RanChubdivision.Frank tar ighthas voluntarily offered to mitigate the
impacts-On the capacity of the Erie Feeder schools with a$ 1 , 2 9 0 per unit payment on all
Nine units. This mitigation essentially solves the issue of exceeding the school benchmark
by providing the funding necessary to add classroom space or help construct new schools to
accommodate the expected student yield from this project. In reliance upon the expected receipt of
these funds prior to or at the time of the recording of each final plat for units within the subdivision,
the School District will not recommend denial of the project at this time. The cash-in-lieu of land
dedication fee of$645 per unit shall also be provided in conformance with the IGA between the
Town and the School District regarding Fair Contributions for Public School Sites.
As indicated above, the mitigation payments shall be provided for all units in each final plat or filing
of tluEi ghvi ew Ranch.anbdivision prior to the release by the City of any individual final plat
for recording. Any future changes or variations requested by the developer on the standard
mitigation calculation and payment schedule would need to be considered by the School District
Staff and/or the Board of Education. This could include evaluating the possibility, but with no
obligation,of the District deferring future payments by the developer if the necessary additional
school capacity is completed prior to construction of the first unit in this project. Any changes,
determined to be acceptable by the District, would be communicated to the Town Council and Staff
in writing.
Thanks for your assistance in this matter. Any further questions can be directed to the contacts and
phone numbers below.
Sincerely,
School District: Developer:
Frank Wright
Scott Toillion, MCP By: `" _ n cAn(c- l irtV 1'11�
Director of Planning
St. Vrain Valley School District
303-682-7229
Fax 303-682-7344
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT, CO
80501.SCOTT TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344.
Highview Ranch PUD PK-1074
ROUGH DRAFT OF COVENANTS, CONDITIONS AND RESTRICTIONS
A Homeowners Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner.
The association is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities and other facilities.
A two-year maintenance program to have septic systems of all properties owners
pumped will be established.
Maintenance of the detention pond will be on an annual basic (or sooner if
deemed necessary) by the HOA.
The emergency access road shall be maintained by the HOA so that access
remains as designed to accommodate the emergency vehicles.
The sign, and landscaping at the entrance will be maintained by the HOA.
Septic Systems. Activities such as permanent landscaping, structures, dirt mounds or
other items are expressly prohibited in the septic absorption field site. (Department of
Public Health and Environment
Horses. Horses will be allowed upon a Lot only if the following 'a e met.
The number of equine per 1 is rmitted per co . ent of Planning
Services)
Runoff and sio ol. The runs an osion from each barn and
paddock • . t 1 be controlled so t p off of water, including wastewater,
m. ., . 1 other materials from the barn and paddock or corral areas, does
not v'.vor adjacent properties or Lots. The owner shall be responsible for
insta ' g and maintaining all runoff control measures.
Manure Storage and Removal. No manure shall be stored in a location or
manner such that it is visible. Each Owner which had horse(s) on a Lot shall be
required to remove the manure, refuse form the barn and paddock, and horse
waste material at least two (2)times per month. An Owner shall be required to
remove such materials more frequently if the accumulation is creating a nuisance,
including but not limited to gathering of flies, odors drifting onto neighboring
properties or unsightly conditions.
Grazing. The Owner must take all steps necessary to protect and maintain grass,
tress, shrubs and vegetation on the Lot, and shall not allow de-vegetation to occur.
If it comes to the attention of the HOA that any Owner is grazing (a) horse(s) on
the Lot and has failed to protect and maintain the vegetation, the HOA may
-- immediately issue an order to cease and desist and take all other actions necessary
to enforce this provision.
Page 1 of 3
Fencing. Perimeter fencing is the fence on or along the property lines of the Lot and any
fences from perimeter fence on the Lot to the Living Unit, barn and/or detached garage.
Design and Materials. Perimeter fences facing any public roads or in sight from
the roads shall be material and shall be rail and shall match in
height, spacing, elevation and shape of the property line. All other fencing shall
be constructed to such standards described in the Architectural Guidelines.
Building and Fences for Household Pets requires HOA approval and shall be
constructed according to the design standards
All signs including entrance signs shall require building permits. The sign shall adhere to
section 23-4-80 of the Weld County Code. These requirements shall apply to all
temporary and permanent signs. (Department of Planning Services)
Outdoor Signs —No signs, posters or billboards of any kind shall be displayed to
public view from any parcel except those displaying the owner's name and
address and except as displayed by an owner selling a parcel, in which case a
Realtors sign may be displayed until the property is sold. During an election it
shall not be permissible to display signs expressing support for political
candidates except what the members of the HOA agree upon.
Approval of Design and Location of buildings. No building or improv ent of any
kind shall be erected moved onto or maintained on the premises he -' -scried until the
design and location thereof have first been submitted to and ap. v, . in . iting by the
developer, agent or committee appo by the developer. u. .n the sale and
conveyance of the remaining L Owners, - n y . ittee elected by the
owners of record of a maj i of s ighv '' .
The Desi, - , ho es on the lots shal 'T armony with other dwellings in the
PUD .. • nc orate exterior material and a roof Each
d , 4_ ave a foot print of no less than square feet for a one
sto .w- ling and no less than square feet in the case of a one and one
half or two story dwelling structure exclusive of garages,porches, and terraces not
under the main roof
Modular Housing. No building of any kind, residence or otherwise, may be
moved or transported onto any of the lots of the subdivision.
No trailer, tent, shack garage, barn, or other outbuilding shall at any time be used
as a residence temporarily or permanently.
Property Maintenance. Each owner shall maintain their property in a sanitary and
pleasing condition at all times. Each lot wherein weeds and/or natural grasses are
permitted to grow shall be mowed a minimum of three times between June and October
of each year by the owner. Exterior construction of any building shall be completed
within months of the date of the building permit, including painting and cleaning up
of surrounding grounds. No vehicles or machinery that is not in operable condition and
licensed where appropriate shall be kept or stored outside of any building in the
Page 2 of 3
subdivision. All garbage, trash or any other refuse shall be kept in the owner's garage in a
container. No trash, litter garbage, grass or tree trimmings, plant waste, lumber, compost
or debris of any kind shall be permitted to remain exposed on any lot in a manner that is
visible from any other lot or dwelling or from the street.
Vechicular Parking and Storage and Maintenance. No house trailer, camping trailer,
horse trailer, camper, camper shell, boat trailer, hauling trailer, boat, or boat accessories,
truck larger than one ton, recreational vehicle, motor home or commercial vehicle may be
stored or parked anywhere within the PUD, unless it is parked in a garage or a parking
space already approved by the HOA, and then no longer than two weeks without the
express consent of a majority of the homeowners in the subdivision. No abandoned,
wrecked or inoperable vehicles of any kind shall be stored on the subdivision.
Binding Effect; Duration; Renewal. These covenants, condition and restriction shall
run with the land and shall be binding on all the parties and all persons claming
protection under them for a period of_years from 2005 at which time said
protective restriction shall automatically be renewed for an additional period of years,
unless 75% or more of the owners of record, at that date, agree in writing, to changes and
said changes are made in a lawful manner.
NOTE: The above covenants, conditions, and restriction only a rough
draft and will be revised, deleted nd/or added to be o .na lat
application.
-‘5C54
Page 3 of 3
AGREEMENT FOR IMPROVEMENTS FOR WCR
THIS AGREEMENT is made and entered into this day of by and
between Frank Wright , developer of Highview Ranch PUD PR-1Q74
hereinafter referred to as Developer", with an address of
Lot R AMRE-3381 S1 /2 ,N1 /4 , S5-T1 -N68W , WeldCountyColorado, andthe
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to as "County," with offices located at
915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific Development
Plan and Subdivision Final Plat for 9 lots for the Highview Ranch hereinafter
referred to as the "Development," and
WHEREAS, WCR 3 from we 'a ' o WCR12 , hereinafter referred to as
'the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 3 abuts a portion of Hi•hvi-w Lrruc h of the lots
will need WCR 3 for access to t Development, ant,
WHEREAS, the avera: [ y ' antic'• e*• is ighview Ranch will
constitute 53 percent f t y on the R•3d
WHE' Ilbiroportional costs of paving the Road attributable to the traffic
generated by"Al •t the Development using the Road, is estimated to be $ 11 , 1 1 1 per
lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above
to the completion of paving the Road and final accounting by
County and payment of all land development charges by the
Developer for the 9 lots accessing the Road, or five years if
WRC 3 is not paved.
2. OBLIGATIONS OF THE COUNTY
Page 1 of 4
A. Weld County plans to pave, within five years of the date first written
above, the Road at a current estimated cost of$350,000. The paving
improvements are anticipated to be for 12 foot travel lanes with 4
foot shoulders designed in accordance with generally accepted
engineering practices but the actual design shall be at the discretion
of Weld County
B. Design, construction, and maintenance of this portion of Road shall
be the responsibility by the County.
C. County must pave the roads within five years of the date first written
above or forfeit all rights to land development charges, which are the
obligation of the Developer whether already in escrow or remaining
to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation ) up to 20 percent of the total cost of paving
WCR 3 . If additional traffic is generated to paving WCR
3 , such that the percentage of traffic a by the
development is le than 20 percent, t C y s alt adjust the
percentage c the devel p nately. Any amount
which t ed fr$ h per which is not paid within
45 y accountin 1 essed interest in the amount of 8
c t r annum.
3. TION OF THE DEVELOPER
A. Developer agrees to pay the amount of$11 , 1 1 1 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of the
first lot $1 1 , 1 1 1 , at the sale of the second lot $ 1 1 , 1 1 1, at the sale
of the third lot $11 , 1 1 1 , at the sale of the fourth lot $11 , 1 1 1 , at
the sale of the fifth lot $1 1 , 1 1 1 . The escrow account shall be set up
according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth in
paragraph 2.C. herein. In no event shall Developer's obligation
M,,—„....,a .. „,E.. .„,„,, ,,a.„_._„..,,�r.,..}.m....,,
Page 2 of4
under this Agreement exceed $100, 0 o aubject to adjustment to a
higher or lower figure from the first quarter of 2004 to the year and
quarter in which the contemplated work is being performed based on
"The State Highway Bid Price index contained in the "Quarterly
Cost report" of The Engineering News-Record as published by The
McGraw-Hill Companies.
4. ESCROW AGREEMENT the terms of which will be subject to review by
the County, that provides at least the following:
A. The cash in escrow when fully funded is $100, 00 Q
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval of the
Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be h be invalid,
--- illegal, or unenforceable, this Agreement shall b t d and enforced
without such provision t he extent that this nt s then capable of
execution within th 61 * intent of a - eto.
6. NO THI P ENNEFICI RI ORCEMENT.t�, . - sly understood and agreed thatthe enforcement of the terms and
ions of this Agreement, and all rights of action relating to such
orcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shalt give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties receiving services of benefits
under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written.
No modification, amendment, notation, renewal, or other alteration of or to
this Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No
Page 3 of 4
Breach of any term, provisions, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any
consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein,
make warranties, either express or implied, that the improvement work
and/or maintenance of these roads meet standards other than those
generally required for counties and cities of the size and type similar to
County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the ies hereto have s' e A reement this
day of , 2004.
By: .‘5C"
De
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
Chair,
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Page 4 of 4
AGREEMENT FOR IMPROVEMENTS FOR WCR 3
THIS AGREEMENT is made and entered into this day of , 20
by and between Frank Wright , developer of
Highview Ranch PUD PK-1 074 , hereinafter referred to as ADeveloper@, with
an address of hot B AMRE-3381 S1 /2 ,N1 /4, S5-T1 -N68W , Weld County
Colorado, and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, Colorado, hereinafter referred to as
ACounty,@ with offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific
Development Plan and Subdivision Final Plat for nine lots for the
Highview Ranch hereinafter referred to as the ADevelopment,@ and
WHEREAS, WCR 3 from NTE'VaY5to WCR12 , hereinafter referred to as
>the Road@, will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 3 abuts a portion of Highvie h, of the lots
will need WCR 3 for access to e Development an
WHEREAS, the aver] ips . . i. e from Highview Ranch
constitute 53 perce t t lc on t - ' . , d
WHER pT6portional costs o paving the Road attributable to the
traffic gen •:"' e lots in the Development using the Road, is estimated to be
$11 , 111 per .
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written
above to the completion of paving the Road and final
accounting by County and payment of all land development
charges by the Developer for the 9 lots accessing the Road,
or five years if WCR 3 is not paved.
Revised 03/09/2004
C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\OFF-SITE PAVING(EXAMPLE).DOC
2. OBLIGATIONS OF THE COUNTY
A. Weld County plans to pave, within five years of the date first
written above, the Road at a current estimated cost of
$350,000. The paving improvements are anticipated to be for
12 foot travel lanes with 4 foot shoulders designed in
accordance with generally accepted engineering practices but
the actual design shall be at the discretion of Weld County
B. Design, construction, and maintenance of this portion of Road
shall be the responsibility by the County.
C. County must pave the roads within five years of the date first
written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in
escrow or remaining to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is i ficient to satisfy
developers obligation ) up to 20 per the total cost of
paving WCR 3 . If additional of 's g erated prior to
paving WCR 3 such that p ge of traffic generated
by the d: 'e .,. e is le 2 percent, the County shalt
ad' s- .e ntage "}� t e developer proportionately.
m un which mus .- collected from the developer which
c is o .aid within 45 days of final accounting shall assessed
'�L erest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of $14,000 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of
the first lot $5,000, at the sale of the second lot $5,000, at the
sale of the third lot $7,500, at the sale of the fourth lot $7500,
at the sale of the fifth lot$45,000. The escrow account shall be
set up according to paragraph 4 herein.
^ C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth
in paragraph 2.C. herein. In no event shall Developer=s
Revised 03/09/2004
C:\DOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\OFF-SITE PAVING(EXAMPLE).DOC
obligation under this Agreement exceed $70,000 subject to
adjustment to a higher or lower figure from the first quarter of
2002 to the year and quarter in which the contemplated work
is being performed based on AThe State Highway Bid Price
index contained in the AQuarterly Cost report® of The
Engineering News-Record as published by The McGraw-Hill
Companies.
4. ESCROW AGREEMENT , the terms of which will be subject to review
by the County, that provides at least the following:
A. The cash in escrow when fully funded is $70,000.
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval
of the Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement sh eld to be invalid,
illegal, or unenforcea e, this Agreeme t I construed and
enforced without s h ovision to e t at this Agreement is
then capable ti withi o ' i al intent of the parties
hereto.ss ��
6. '� � TRRTY BENEFICIA Y ENFORCEMENT."expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shalt give or allow
any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this
Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding
between the parties to this Agreement and supersedes any other
— agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, notation,
renewal, or other alteration of or to this Agreement shall be deemed
Revised 03/09/2004
CADOCUMENTS AND SETTINGS\PSCHEI\DESKTOP\OFF-SITE PAVING(EXAMPLE).DOC
valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. No Breach of any term,
provisions, or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether
express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described
herein, make warranties, either express or implied, that the
improvement work and/or maintenance of these roads meet
standards other than those generally required for counties and cities
of the size and type similar to County.
9. BINDING
This agreement shall be binding on the heirs, c sors, and assigns
of the parties.
IN WITNESS WHEREOF th 1irkl)lreto hav e t is Agreement this day
of , 20
By: 0\23
De r
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
Chair,
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Revised 03/09/2004
C:\DOCIIMENTS AND SETTINGS\PSCHEI\DESKTOP\OFFSITE PAVING(EXAMPLE).DOC
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