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Home My WebLink About20030045.tiff EXHTBTT K THE POINTE WELD COUNTY, COLORADO SPECIFIC DEVELOPMENT GUIDE APPLICANT: COMMUNITY DEVELOPMENT GROUP OF ERIE, INC 2500 ARAPAHOE AVENUE BOULDER, CO 80302 (303) 442-2299 CONTACT: MIKE BURNS OWNER: WELD COUNTY LAND COMPANY, LLC 2500 ARAPAHOE AVENUE BOULDER, CO 80302 (303) 442-2299 AUTHORIZED REPRESENTATIVE: MIKE BURNS 2003-0045 6 Development Guide Requirements 6.1 Intent - The Development Guide outlines criteria, sets forth the standards and conditions for development within the PUD, and provides a basis for review of subsequent steps in the PUD process. The Development Guide shall address eight (8) major components of the development, provided in this Ordinance. Information provided by the applicant in the Development Guide will be used to evaluate.. compliance of the proposal with the Comprehensive Plan and other applicable Ordinances. While the Development Guide must address all components set forth in this Ordinance, the Director of the Department of Planning Services shall have the discretion to waive component elements when not necessary for consideration of the Development Guide. 6.2 Development Guide Options - The Development Guide provides two processing options based upon the amount and detail of information provided by the applicant in the submittal. Upon review of the Development Guide application, the Department of Planning Services will make a determination regarding the amount and detail of submitted information in order to determine the appropriate processing option for the PUD. THE APPLICANT IS REQUESTING THAT THIS CHANGE OF ZONE BE PROCESSED AS A SPECIFIC DEVELOPMENT GUIDE 6.2.1 Option One - Option One entails a Specific Development Guide submittal, which requires a greater degree of detailed, specific information regarding the development. This option is intended to facilitate a more expedient review process because information is reviewed at the earliest opportunity. The Specific Development Guide shall address, in detail, all proposed uses on site and development delineated in Components One through Eight of this Ordinance. If the proposed USES differ between the Change of Zone, Specific Development Guide and Final Plan submittals, additional review of the Final Plan by the Board of County Commissioners is warranted at a public hearing. 6.2.2 Optien Two- Option Two provides for a Conceptual Development Guide, which allows for more flexibility in the amount of detail submitted in the Development Guide. A Conceptual Development Guide submittal is not required to contain as detailed information as a Specific Development Guide, however any information not included in sufficient detail in the Conceptual Development Guide will be required to be submitted at the Final Plan application. The Conceptual Development Guide will schematically - and generally address standards in Components one through eight of this Ordinance. 6.3 Major Components of the Development Guide - The Development Guide consists of eight(8) major components of the PUD development, as follows: 6.3.1 Environmental Impacts; 6.3.2 Service Provision Impacts; 6.3.3 Landscaping Elements; 6.3.4 Site Design; 6.3.5 Common Open Space Usage; 6.3.6 Proposed Signage; 6.3.7 MUD Impacts; and 6.3.8 Intergovernmental Agreement Impacts 6.3.1 Component One - Environmental Impacts 6.3.1.1 Intent - The intent of component one is to identify and isolate any possible impacts the proposed USE may have upon the environment on the site, as well as on neighboring sites. 6.3.1.2 Duties of the Department of Planning Services 6.3.1.2.1 The Department of Planning Services, in conjunction with personnel from the Weld County Public Works and Weld County Health Department, will be responsible for reviewing the potential environmental impacts presented by the PUD development. The Department of Planning Services will utilize the Development Guide for assessing each of the following environmental impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts: The Environmental Site Assessment reveals "no evidence of recognized environmental conditions in connection with the property except: soil/ groundwater contamination from 33-1M drip facility". This contamination is due to an existing oil/ gas drilling facility. This proposal for development does not provide for any mitigation based on the existing oil/ gas facilities. EXHIBIT L: Environment Site Assessment prepared by: Western Environment and Ecology Inc. dated: December 4, 1998 During the construction process all State Health Department and Weld County standard construction procedures will be utilized, minimizing the impact on the existing properties adjacent to The Pointe. The proposed 37 residential units on lots that are a minimum of 2 acres will not adversely impact the environmental areas listed below and no special provisions for mitigation of impacts are provided unless specifically noted. 6.3.1.2.1.1 Noise and Vibration N/A 6.3.1.2.1.2 Smoke, Dust and Odors N/A 6.3.1.2.1.3 Heat, Light and Glare N/A 6.3.1.2.1.4 Visual/Aesthetic Impacts The natural grade on the site is from east to west, excluding the location of the mine spoil pile located in the center of the northern portion of the site. This natural grade and the large lots proposed on this PUD Change of Zone will minimize the visual/ aesthetic impact to the three homes located along the properties eastern boundary. These three residential units are the only lots that will be immediately impacted by this proposed development. 6.3.1.2.1.5 Electrical Interference N/A 6.3.1.2.1.6 Water Pollution A majority of the site including any areas outside of the proposed residential units and their irrigated yards will be left in a native state. These native grasses will provide erosion control and water quality for any storm drainage in a historic manner. None of the developed areas will be allowed to drain into the Lower Boulder Ditch or Liner/Erie Coal Creek Ditch. 6.3.1.2.1.7 Waste Water Disposal Professionally engineered individual sewage disposal systems will be required for each proposed residence. EXHIBIT M: Percolation Testing and Limited Investigation prepared by: Scott Cox & Associates,Inc. dated: April 2001 6.3.1.2.1.8 Wetland Removal The references listed below provide the necessary reports and letters required for the determination that none of the wetlands located on the property are jurisdictional wetlands and are therefore outside the purview of the Department of the Army Corps of Engineers. More specifically, because of the physical limitations on the site the 1.442 acre wetland, Wetland Area 3, located in the Northwest corner of the site will be left in it's existing state in an open space tract. The other wetlands areas, Wetland Area 1 and 2, are proposed to be removed during construction of the interior road system. All necessary soils and compactions tests will be provided in these areas to determine the constructability of roadways on this placed fill. In addition the Wetlands Areas there is a body of water located in the central portion of the site, delineated as a pond on the plat, which is stagnant and simply the remnant of the past strip mining operation. This pond will be filled during site development. EXHIBIT N: Wetland Delineation Report prepared by: Western Environment and Ecology, Inc. dated: February 6, 2001 EXHIBIT O: Letter re: Wetlands Determination prepared by: Army Corp of Engineers dated: June 5, 2001 6.3.1.2.1.9 Erosion and Sedimentation Erosion and Sedimentation from the site as address in the Drainage Report will be minimized using best management practices outlined in the report. EXHIBIT P: Final Drainage Report prepared by: Picket Engineering dated: 6.3.1.2.1.10 Excavating, Filling and Grading The proposed grading operation on the site is limited to the roadway construction and possibly the lowering of one existing well located on the west central portion of the site. This well is located on the top of a mine spoil pile. If the materials in the pile are determined through engineering test to be suitable for placement as fill on the site and the well lessee is willing to allow the well to be lowered, at the developers cost, then the spoil pile will be lowered and placed in it's original location where the previous surface mining operations took place. There are no geological hazards located on the site as discussed in the Environmental Site Assessment and the subsequent letters from Mr. Greg Sherman of Western Environment and Ecology, Inc. and from Mr. Ed Glasgow of Scott Cox & Associates. EXHIBIT Q: Letter re: Geological Hazards prepared by: Western Environment and Ecology, Inc. dated: August 7, 2001 EXHIBIT R: Letter re: Geological Hazards prepared by: Scott Cox & Associates dated: September 25, 2001 6.3.1.2.1.11 Drilling, Ditching and Dredging N/A 6.3.1.2.1.12. Air Pollution N/A 6.3.1.2.1.13 Solid Waste N/A 6.3.1.2.1.14 Wildlife Removal The only Threatened or endangered species located in the Environmental Site Assessment are 8 prairie dogs. The proposed development will propose to relocate or remove the prairie dogs per Weld County Standards. EXHIBIT CC: Threatened and Endangered Species and Wetlands Survey prepared by: Western Environment and Ecology dated: July 19, 2001 Letter re: Compliance with Guidelines prepared by: US Fish and Wildlife Service dated: September 12, 2001 6.3.1.2.1.15 Natural Vegetation Removal A majority of the site will remain in it's natural vegetative state with over 20% of the site designated as open space and the rest of the site, excluding the roadways, consisting of 2 acre minimum lots, which will be limited to one residential unit and one accessory unit each. 6.3.1.2.1.16 Radiation/Radioactive Material N/A 6.3.1.2.1.17 Drinking Water Source The Left Hand Water District will provide the drinking water for this site, the owner has completed the attached Tap Purchase Agreement for the Left Hand Water District. Left Hand's Board will act on this Agreement at their October, 2001 meeting. Upon approval of the change of zone prior to the administrative approval of the final plat the owner will proceed with inclusion into the Northern Colorado Water Conservation District. EXHIBIT S: Left Hand Water District Subdivision Tap Purchase Agreement EXHIBIT T: NCWCD Petition for Inclusion 6.3.1.2.1.18 Traffic Impacts A traffic impact report has not been prepared for this site. Based on standard engineering practices the assumption of 10 vehicle trips per day per residence was utilized to determine the average vehicle trips per day generated by the proposed development. The 370 average vehicle trips per day is referenced on the State Highway Access Permit Application EXHIBIT U: State Highway Permit Application 6.3.2 Component Two - Service Provision Impacts 6.3.2.1 Intent - The intent of component two is to ensure that service provisions to the site have been adequately planned for and are available to serve the site now and into the future. 6.3.2.2 Duties of the Department of Planning Services 6.3.2.2.1 The Department of Planning Services, Public Works and other county agencies are responsible for determining if adequate service provisions will be available for the proposed PUD development. The Department of Planning Services will utilize the Development Guide for assessing each of the following service provision impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts: 6.3.2.2.1.1 Schools The attached analysis of the impact of this project on the schools is based on the voter approval of the St. Vrain Valley School District's proposed bond in November of 2001. EXHIBIT V: St. Vrain School Impact Analysis 6.3.2.2.1.2 Law Enforcement Law Enforcement provided by the Weld County Sheriff's Department 6.3.2.2.1.3 Fire Protection Fire Protection provided by the Mountain View Fire Protection District 6.3.2.2.1.4 Ambulance Ambulance service provided by Mountain View Fire Protection District 6.3.2.2.1.5 Transportation (including circulation and roadways) --A description of the functional classification, width and structural capacity of the STREET and highway facilities which provide access to the PUD Zone District. If the street or highway facilities providing access to the PUD Zone District are not adequate to meet the requirements of the proposed district, the applicant shall supply information which demonstrates the willingness and financial capability to upgrade the STREET or highway facilities in conformance with the Transportation Section of the Zoning Ordinance. This shall be shown by submitting, with the PUD application, a separate improvements agreement describing the proposed road improvements and method of guaranteeing installation of said improvements in conformance with the Weld County Policy on Collateral for Improvements. The agreement shall be used for the purposes of review, evaluation, and compliance with this Section. The internal streets will be designated as local roadways with three access points. As previously referenced CDOT is processing a right in right out access from HWY 52. Additionally there are two access points off of WCR #7 on the eastern perimeter as previously requested by the Public Works Department. EXHIBIT W: Weld County Improvements Agreements - Private and Public 6.3.2.2.1.6 A traffic impact analysis prepared by a registered professional engineer competent in traffic engineering shall be provided by the developer, unless specifically waived by the Weld County Public Works Department. A traffic impact report has not been prepared for this site. Based on standard engineering practices the assumption of 10 vehicle trips per day per residence was utilized to determine the average vehicle trips per day generated by the proposed development. The 370 average vehicle trips per day is referenced on the State Highway Access Permit Application 6.3.2.2.1.7 Storm Drainage --All development within a PUD Zone District shall adhere to the Storm Drainage Design and Technical Criteria Regulations in Section 10.13 of the Subdivision Ordinance. The historic storm water drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed engineering study, from a Colorado licensed engineer, that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site discharge until it reaches a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developers will be required to mitigate any downstream impacts caused by said development. The storm water drainage study may be waived by Weld County Public Works based upon the proposed impacts and intensity of the PUD. The Final Drainage Report is included in the Exhibits as previously referenced. 6.3.2.2.1.8 Utility Provisions - A description and statement from the representative of the provider of the utilities which demonstrates that there is adequate utility provisions available to serve the development. The proposed development will be served by a municipal water supply system from the Left Hand Water District. 6.3.2.2.1.9 Water Provisions -A description of the water source and system and a statement from the representative of the provider of the water system which demonstrates that the water supply quality and quantity is sufficient to meet the requirements of the USES within the PUD Zone District. The proposed development will be served by a municipal water supply system from the Left Hand Water District. 6.3.2.2.1.10 Sewage Disposal Provisions - A description of the sewage disposal facility. If the facility is a public sewer system, a statement from the representative of the provider of the sewer system utility which demonstrates that the disposal system will adequately serve the USES within the development. Professionally engineered individual sewage disposal systems will be required for each proposed residence. 6.3.3 Component Three - Landscaping Elements 6.3.3.1 Intent - The intent of the landscape plan is to ensure that the landscaping and aesthetics of the site are compatible to that of surrounding land uses and that the site will provide and maintain an increased sense of place for those inside of the development. The landscape plan shall provide clear and supported information both by written statements and graphic representations. The information will provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment will be balanced with both evergreen and deciduous plant material with sufficient USE of upright species for vertical control. Plant material selection will be reviewed for adaptability to physical conditions of the site plan. 6.3.3.2 Duties of the Department of Planning Services 6.3.3.2.1 The Department of Planning Services will be responsible for evaluating the landscaping elements of the PUD for compatibility with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and MUD Ordinance. The Department of Planning Services will utilize the Development Guide for evaluating all landscape issues associated with the proposed Change of Zone. The applicant shall submit the following information: 6.3.3.2.2 A Landscape Plan in accordance with Section 9.3 of this Ordinance. EXHIBIT X: Landscape Plans and Illustrative 6.3.3.2.3 A statement which describes any proposed treatment, buffering or SCREENING between USES, BUILDINGS, or STRUCTURES in order to achieve compatibility, and a statement which describes the proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences, walls, berms, and other landscaping. 6.3.3.2.4 A maintenance schedule for all landscaping elements on site, delineating the care, management, and maintenance of the proposed landscaping. 6.3.3.2.5 A proposed on-site improvements agreement for the proposed landscaping shall be submitted to the Department of Planning Services. EXHIBIT W: Weld County Improvements Agreements - Private and Public 6.3.3.2.6 The applicant shall submit evidence that there is adequate water to sustain and maintain the landscaping proposed in the landscape plan. In determining whether available water resources are adequate to sustain and maintain the proposed landscaping, the Department of Planning Services may require the applicant to submit written assurance of such adequacy from a water resource professional or agronomist. The proposed development will be served by a municipal water supply system from the Left Hand Water District. 6.3.4 Component Four- Site Design 6.3.4.1 Intent - The intent of component four is to ensure that the PUD is established with consideration to the sites advantages and limitations, as well as the compatibility of the development to adjacent sites. The design of the site should consider all existing features, both natural and man-made, to determine those inherent qualities that give the site and the surrounding area its character. 6.3.4.2 Duties of the Department of Planning Services 6.3.4.2.1 The Department of Planning Services and Public Works Department will evaluate site design based upon the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and MUD Ordinance. The Development Guide will provide an explanatory statement as to how the PUD development will adequately accommodate unique site factors for the site and the surrounding area. The following information shall be provided: 6.3.4.2.1.1 A statement describing any features unique to the site, such as topography and irrigation ditches. The 187 acres are mostly native with some agricultural activity. Five (5) oil/gas well/production sites are located on the Property. One of these wells is located on top of the surface mine operation spoil pile. Additionally, two (2) irrigation ditches cross the site in three (3) locations. Each of these physical limitations is addressed in previous sections of this document. 6.3.4.2.1.2 A statement which demonstrates how the proposed PUD rezoning is consistent with the goals and policies of the Comprehensive Plan. The Property is identified as Rural Preservation on the Town of Erie's Comprehensive Plan. The attached letter from Mr. Dennis Drumm, Erie's Town Administrator, supports The Pointe's proposed one (1) dwelling unit per five (5) acres gross density as being consistent with Erie's Rural Preservation zoning. The draft IGA between Erie and Frederick and the letter from Frederick's Planning Commission confirm that this area is part of Erie's Urban Growth Boundary. Additionally, the Town of Frederick has approved portions of the attached Development Plan that is urban in character and located immediately northeast of The Pointe Development. EXHIBIT Y: Letter re: Comprehensive Plan Compliance prepared by: Town of Erie dated: January 31, 2001 EXHIBIT Z: Letter re: Comprehensive Plan Compliance prepared by: Town of Frederick dated: July 25, 2001 EXHIBIT AA: Proposed IGA Parties: Town of Frederick, Town of Erie, Weld County dated: 2001 EXHIBIT BB: Town of Frederick- Country Meadow Farms & Wildflower 6.3.4.2.1.3 A statement which demonstrates how the USES allowed by the proposed PUD rezoning will be compatible within the PUD Zone District. In addition, a detailed description of how any conflicts between land USES within the PUD Zone District are being avoided or mitigated and can comply with the performance standards. The Property is identified as Rural Preservation on the Town of Erie's Comprehensive Plan. The attached letter from Mr. Dennis Drumm, Erie's Town Administrator, supports The Pointe's proposed one (1) dwelling unit per five (5) acres gross density as being consistent with Erie's Rural Preservation zoning. The draft IGA between Erie and Frederick and the letter from Frederick's Planning Commission confirm that this area is part of Erie's Urban Growth Boundary. Additionally, the Town of Frederick has approved portions of the attached Development Plan that is urban in character and located immediately northeast of The Pointe Development. EXHIBIT Y: Letter re: Comprehensive Plan Compliance prepared by: Town of Erie dated: January 31, 2001 EXHIBIT Z: Letter re: Comprehensive Plan Compliance prepared by: Town of Frederick dated: July 25, 2001 EXHIBIT AA: Proposed IGA Parties: Town of Frederick, Town of Erie, Weld County dated: 2001 EXHIBIT BB: Town of Frederick- Country Meadow Farms & Wildflower 6.3.4.2.1.4 A statement which demonstrates how the USES allowed by the proposed PUD rezoning will be compatible with land USES surrounding the PUD Zone District, including a detailed description of how any conflicts between land USES surrounding the PUD Zone District will be avoided or mitigated. The Property is identified as Rural Preservation on the Town of Erie's Comprehensive Plan. The attached letter from Mr. Dennis Drumm, Erie's Town Administrator, supports The Pointe's proposed one (1) dwelling unit per five (5) acres gross density as being consistent with Erie's Rural Preservation zoning. The draft IGA between Erie and Frederick and the letter from Frederick's Planning Commission confirm that this area is part of Erie's Urban Growth Boundary. Additionally, the Town of Frederick has approved portions of the attached Development Plan that is urban in character and located immediately northeast of The Pointe Development. EXHIBIT Y: Letter re: Comprehensive Plan Compliance prepared by: Town of Erie dated: January 31, 2001 EXHIBIT Z: Letter re: Comprehensive Plan Compliance prepared by: Town of Frederick dated: July 25, 2001 EXHIBIT AA: Proposed IGA Parties: Town of Frederick, Town of Erie, Weld County dated: 2001 EXHIBIT BB: Town of Frederick- Country Meadow Farms & Wildflower 6.3.4.2.1.5 If the proposed Change of Zone is located within a FLOOD HAZARD, GEOLOGIC HAZARD or Airport Overlay District, as identified by maps officially adopted by Weld County, the applicant shall submit information which documents how the applicant intends to meet the requirements of the Weld County Supplementary Regulations concerning flood plain and/or floodway, geological hazard and/or airport overlay district. As discussed in previous sections and documented in the Appendices, this Property is not impacted by flood hazard, geologic hazard, or airport overly districts. 6.3.5 Component Five - Common Open Space Usage 6.3.5.1 Intent - Common Open Space is an essential community asset and an important component of a development's design. Common open space attempts to preserve ecologically important environments, provide attractive views and space for recreational activities, and buffers the development from other land USES. The intent of Component Five is to ensure that each development provides an appropriate amount and type of open space within the site. 6.3.5.2 Open Space Regulations - Common open space is intended to establish a sense of community and increase the quality and uniqueness of each site. Open space provides enjoyable space while adequately buffering various uses. 6.3.5.2.1 Common open space restrictions will be permanent and not for a period of years, 6.3.5.2.2 The homeowners organization will be established before any residences are sold, 6.3.5.2.3 Membership in the organization is mandatory for each residence owner, 6.3.5.2.4 The homeowners' organization is responsible for liability insurance, taxes, and maintenance of open space, recreational and other facilities, 6.3.5.2.5 The organization will have the power to levy assessments which can become a lien on individual premises for the purpose of applying the cost of operating and maintaining common facilities, and 6.3.5.2.6 If the organization established to own and maintain COMMON OPEN SPACE, or any successor organization fails to maintain the COMMON OPEN SPACE in reasonable order and condition in accordance with the approved PUD Final Plan, the following action may be taken: 6.3.5.2.6.1 The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of enjoyment of the COMMON OPEN SPACE and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105 of the Colorado Revised Statues. and 6.3.5.2.6.2 If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, in order to preserve the values of the properties within the PUD and to prevent the COMMON OPEN SPACE from becoming a public nuisance, may enter upon said COMMON OPEN SPACE and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the PUBLIC any rights to USE the COMMON OPEN SPACE except when the same is voluntarily dedicated to the PUBLIC by the owners and accepted by the Board of County Commissioners. Before the expiration of said one (1) year period, the Board of County Commissioners shall hold a public hearing to consider the necessity of continuing such maintenance for a succeeding year. Notice of the hearing shall be given, in writing, not less than thirty (30) days and not more than sixty (60) days prior to this hearing to the organization normally responsible for the maintenance of the COMMON OPEN SPACE and .to .the owners or residents of the PUD. If the BOARD determines that such organization is not ready and able to maintain said COMMON OPEN SPACE in reasonable condition the BOARD may continue to maintain said COMMON OPEN SPACE during the next succeeding year, and shall be subject to a similar hearing and determination in each year thereafter. 6.3.5.2.7 All PUD's containing a residential element shall provide for a 15% common open space allocation, unless otherwise stated in the MUD Ordinance. Departure from this standard will be considered and may be approved by the Department of Planning Services' staff as long as the intent of this Ordinance and the MUD Ordinance have been met. 6.3.5.3 Duties of the Department of Planning Services. 6.3.5.3.1 The Department of Planning Services will be responsible for evaluating the Open Space Usage of the PUD for compatibility with the Zoning Ordinance, Subdivision Ordinance, COMPREHENSIVE PLAN, and the MUD Ordinance, if applicable. 6.3.5.3.2 The applicant shall provide a statement detailing how any common open space will be owned, preserved, and maintained in perpetuity. As needed, the Planning Commission or its representative shall compare the development to date with the approved construction plan to determine compliance, as follows: The landscape and open space intent for this project is to maintain the existing rural character. To comply with the County's criteria for common useable open space, the Plan includes over 1.5 miles of soft surface trails that provide connectivity throughout the project, including connections to the proposed bus stop at Hwy 52 and the gazebo/picnic area on site. 6.3.5.3.2.1 The construction and provision of all COMMON OPEN SPACE, public utilities, and recreational facilities as shown in the application materials and all subsequent plans shall proceed at a rate which is no slower than the construction of residential, commercial or industrial BUILDINGS and STRUCTURES. The landscape and open space intent for this project is to maintain the existing rural character. To comply with the County's criteria for common useable open space, the Plan includes over 1.5 miles of soft surface trails that provide connectivity throughout the project, including connections to the proposed bus stop at Hwy 52 and the gazebo/picnic area on site. 6.3.5.3.2.2 The applicant shall submit an on-site improvements agreement setting forth a plan providing for the installation, permanent care and maintenance of open spaces, recreational areas and commonly owned facilities and parking lots. The same shall be submitted to the County Attorney and shall not be accepted until approved as to legal form and effect. EXHIBIT W: Weld County Improvements Agreements—Private and Public 6.3.6 Component Six - Signage 6.3.6.1 Intent - Signage has become an increasing issue in Weld County. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. The following signage controls are intended to protect and preserve the visual corridors of the roadways within Weld County while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the PUD Zone District. 6.3.6.2 Duties of the Department of Planning Services 6.3.6.2.1 The Department of Planning Services— staff shall insure that the intent of this Ordinance is carried out through the following sign regulations: 6.3.6.2.1.1 Sign District Regulations (6.3.6.3.1) of this Ordinance; 6.3.6.2.1.2 Sign Construction Standards (6.6.3.2) of this Ordinance; 6.3.6.2.1.3 Design Provisions and Requirements (6.6.3.3) of this Ordinance; 6.3.6.2.1.4 Non-permitted Signs (6.6.3.4) of this Ordinance, and 6.3.6.2.1.5 Nonconforming Signs (6.6.3.5) of this Ordinance. 6.3.6.2.2 The Department of Planning Services' staff shall supply to the applicant written findings regarding non-adherence to the sign regulations of this Ordinance. 6.3.6.3 Sign District Regulations 6.3.6.3.1 Signage within a PUD shall adhere to all requirements in this Ordinance, the Zoning Ordinance and the MUD Ordinance, if applicable. 6.3.6.3.2 No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced, structurally or otherwise altered in the MUD area without first obtaining a building permit from the Weld County Department of Planning Services. 6.3.6.3.3 No sign shall be erected at or near the intersection of any road(s) or driveway(s) in such a manner as to obstruct free and clear vision of motorist or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection will be outside of the sight distance triangle. Signs which could potentially affect vehicle traffic shall be reviewed by the Public Works Department and the Colorado Department of Transportation, if applicable. 6.3.6.3.4 No sign other than traffic control signs except as expressly allowed by state statute and permitted by Colorado Department of Transportation shall be erected, constructed, or maintained within, over or upon the right-of-way of any County, State or Federal road or highway within Weld County. 6.3.6.3.5 All signs and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance throughout Weld County. If signs are not maintained as described, the Director of Planning or an authorized representative shall have the right to order the repair or removal of any sign which is defective, damaged or deteriorated, or has defects which may include holes, cracks, rotted, loose or missing materials or parts of the sign. 6.3.6.4 Sign Construction Standards 6.3.6.4.1 All letters, figures, characters, or representations maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. 6.3.6.4.2 Any operable or removable parts of a sign such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message shall be securely fastened or be provided with safety chains or hinges. 6.3.6.4.3 Signs shall be constructed to prevent potential hazards to the public. 6.3.6.4.4 All permanent signs and sign structures in Weld County shall be designed and constructed in accordance with the Uniform Building Code quality standards as adopted by the County. All electrically illuminated signs shall be designed and constructed to conform with the electrical code as adopted by the County. All signs and sign structures shall be also designed and constructed to comply with the design standards .set. forth in this document. 6.3.6.5 Design Provisions and Requirements for Signs in the PUD Zone District 6.3.6.5.1 The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs in the development. Such standards shall be included as part of any site plan and included in the covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any logo, type of illumination and location shall be set out in such standards. 6.3.6.5.2 The standards shall be such that signs constructed or maintained under the standards will comply with the sign regulations of the county in the PUD Zone District, and shall be for the purpose of assuring harmony and visual quality throughout a project. 6.3.6.5.3 Final development plans shall not be approved until the sign standards have been approved by the Department of Planning Services. 6.3.6.5.4 All signs in development complexes shall be designed and constructed of materials which harmonize with the architecture of the site on which the sign is located. Generally, the USE of sign materials the same as or similar to the main building materials used on-site shall be found to provide the required level of design harmony. Design harmony is produced by adhering to the following: 6.3.6.5.4.1 Marquee, Canopy, Overhead Canopy, Under-Canopy, Projecting or Wall Signs shall be mounted at least fourteen (14) feet above any driveway and at least nine(9) feet above any walkway over which they are erected. The top line of these signs shall not be higher that the top of the wall, roof eaves, or parapet line of the building to which it is attached. 6.3.6.5.4.3 Detached signs shall not be located in the visual sight triangle. 6.3.6.5.4.4 Off-site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset often (10) feet from right-of-way. 6.3.6.5.4.5 On-site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten (10) feet from right-of-way. 6.3.6.5.4.6 Detached signs shall have surrounding landscaping which extends a minimum of three(3) feet from all sides of the sign base. 6.3.6.5.4.7 The minimum spacing between signs shall be six hundred (600) feet. 6.3.6.5.4.8 Signs within the MUD area or Urban Development node shall adhere to the sign regulations in the MUD Ordinance. 6.3.6.6. Non-Permitted Signs in the PUD Zone District 6.3.6.6.1 Roof signs where any sign is mounted and supported wholly upon or over the roof of any structure. For purposes of these regulations, surfaces with slopes less than 75% from horizontal shall be considered to be roof surfaces. 6.3.6.6.2 Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed shall not be used as a sign structure for any signs within the PUD Zone District. 6.3.6.6.3 Attention attracting devices are prohibited including mechanical or electrical appurtenances, such as "revolving beacons" or flashing signs, which are designed to compel attention. This shall not apply to banners used as temporary signs to announce or promote events of civic interest provided such banners are attached top and bottom (or two sides) to permanent posts or buildings erected for another purpose, and provided that a building/sign permit is obtained. 6.3.6.6.4 All temporary signs as allowed in the Zoning Ordinance, shall be removed within ten (10) days after the event(s) promoted. 6.3.6.7 Nonconforming Signs 6.3.6.7.1 Every legally established sign in existence on the effective date of these regulations within the PUD Zone District may continue in existence subject to the following: 6.3.6.7.1.1 A sign shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The changing of the movable parts of an existing sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. 6.3.6.7.1.2 The lawful USE of a sign existing on the effective date of these regulations, although such sign does not conform to the provisions hereof, may continue; but if such nonconforming USE is discontinued for a period of six (6) months or more, such sign shall not be used until it has been made to conform with the provisions of these regulations. 6.3.6.7.1.3 Any sign which has been damaged by fire, wind, explosion, or natural disaster to the extent that fifty (50) percent or more of the construction value or replacement cost of the sign before it was damaged shall be deemed to have been totally destroyed and the sign shall not be restored except in conformity with these regulations. Any sign which has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the sign before it was damaged may be restored to the condition which it existed previously as a nonconforming USE prior to its damage. 6.3.7 Component Seven - MUD impact 6.3.7.1 Intent - The MUD area has been developed to provide high quality development in an urban corridor area within Weld County and therefore, development in the MUD area is driven by the intensity of the USE and the impacts of the USE on adjoining neighbors and the community. 6.3.7.2 Duties of the Depailment of Planning Services 6.3.7.2.1 When an application is proposed for the MUD area, additional standards will apply. These standards are intended to carry out the intent and goals of the MUD Ordinance. The Department of Planning Services will review all PUD proposals for development inside of the MUD area in conjunction with the applicable standards set forth in the MUD Ordinance. This proposed project is not in the MUD Zone. 6.3.8 Component Eight - Intergovernmental Agreement Impacts 6.3.8.1 Intent - Efficient and orderly land development directs PUD developments to locate where urban services exist or can more easily be provided, such as in close proximity to municipalities and within the MUD area. Currently, the county and many municipalities are cooperating in joint planning efforts to achieve a consistent vision for land surrounding municipal boundaries. This coordination is achieved through intergovernmental agreements. The Property is identified as Rural Preservation on the Town of Erie's Comprehensive Plan. The attached letter from Mr. Dennis Drumm, Erie's Town Administrator, supports The Pointe's proposed one (1) dwelling unit per five (5) acres gross density as being consistent with Erie's Rural Preservation zoning. The draft IGA between Erie and Frederick and the letter from Frederick's Planning Commission confirm that this area is part of Erie's Urban Growth Boundary. Additionally, the Town of Frederick has approved portions of the attached Development Plan that is urban in character and located immediately northeast of The Pointe Development. EXHIBIT Y: Letter re: Comprehensive Plan Compliance prepared by: Town of Erie dated: January 31, 2001 EXHIBIT Z: Letter re: Comprehensive Plan Compliance prepared by: Town of Frederick dated: July 25, 2001 EXHIBIT AA: Proposed IGA Parties: Town of Frederick, Town of Erie, Weld County dated: 2001 EXHIBIT BB: Town of Frederick- Country Meadow Farms & Wildflower 6.3.8.2 Duties of the Department of Planning Services 6.3.8.2.1 When an application is proposed in an area included in an intergovernmental agreement, additional standards and criteria for review will apply. These standards are intended to carry out the intent and goals of the intergovernmental agreement with the affected municipality. The Department of Planning Services will review PUD proposals for development influenced by an intergovernmental agreement area in conjunction with the applicable standards set forth in the agreement. 6.4 Review Procedure for the Change of Zone 6.4.1 Intent - The intent of this section is to outline the criteria for evaluation of a Change of Zone by the Department of Planning Services, the Weld County Planning Commission and the Weld County Board of County Commissioners. 6.4.2 Duties of the Department of Planning Services - The Depaitalent of Planning Services shall be responsible for processing all applications for a Change of Zone to a Planned Unit Development Zone District. The Department shall have the responsibility to ensure that all application procedures and requirements are met prior to any official action. Once a complete application is submitted in compliance with Section 5.3 of this Ordinance, the planner shall: 6.4.2.1 Set a Planning Commission hearing date not less than forty-five (45) days no more sixty (60) days after the complete application has been submitted. 6.4.2.2 Send the application to referral agencies for review and comment. The agency shall respond within twenty-one (21) days after the application is mailed. The failure of any agency to respond within twenty-one (21) days may be deemed a favorable response. All referral agency review comments are considered a recommendation to Weld County for approval and denial of a Change of Zone application. The referral agencies include those listed in Section 4.3.1.1.1 of this Ordinance. 6.4.2.3 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Planned Unit Development Plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least fifteen (15) days prior to the hearing. 6.4.2.4 Give notice for the proposed Change of Zone and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration, and owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than fifteen (15) days before the scheduled public hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel, Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner or owners and lessees of mineral estates to receive such notification. 6.4.2.5 The Department of Planning Services shall post a sign for the applicant on the property under consideration for a Planned Unit Development rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen (15) days prior to the hearing. 6.4.2.6 Prepare a staff recommendation for use by the Planning Commission addressing all aspects of the application. Planning staff recommendations will determine if: 6.4.2.6.1 The proposal is consistent with the Comprehensive Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD, and the Weld County Zoning and Subdivision Ordinances. 6.4.2.6.2 The USES which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Section 2, of this Ordinance. 6.4.2.6.3 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 the Comprehensive Plan or Master Plans of affected municipalities. 6.4.2.6.4 The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Section ..2 of. ..this Ordinance. 6.4.2.6.5 The 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. 6.4.2.6.6 An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with the Weld County Subdivision Ordinance, as amended, and a road improvements agreement is complete and has been submitted, if applicable. 6.4.2.6.7 There has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. 6.4.2.6.8 Consistency exists between the proposed Zone District(s), USES and the Specific Or Conceptual Development Guide. 6.4.3 Duties of the Planning Commission - The Planning Commission shall recommend approval of the application only if it finds that the applicant has met the applicable requirements or conditions of this Ordinance and supplementary district regulations and overlay restrictions in the Zoning Ordinance. 6.4.3.1 The applicant has the burden of proof to show that the standards and conditions of Sections 6.4.3.1.1 through 6.4.3.1.8 are met. 6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD, and the Weld County Zoning and Subdivision Ordinance. 6.4.3.1.2 That the USES which would be allowed in the proposed PUD will conform to the Performance Standards of the PUD Zone District, contained in Section 2 of this Ordinance.. 6.4.3.1.3 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 the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. 6.4.3.1.4 That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Section 2 of this Ordinance. 6.4.3.1.5 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. 6.4.3.1.6 In the event the STREET or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Section of the COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be shown by submitting, with the PUD district application, a separate proposal for on-site and off-site improvement agreements. This proposal shall describe, in detail, the type of on-site improvements in compliance with Section 12 of the Subdivision Ordinance and off-site road improvements in compliance with Section 13 of the Subdivision Ordinance, to determine if the requirement for STREET or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with Weld County's policy regarding Collateral for Improvements. 6.4.3.1.7 That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. 6.4.3.1.8 Consistency exists between the proposed zone district(s), USES and the Specific or Conceptual Development Guide. 6.4.3.2 The Secretary of the Planning Commission shall forward the official recommendation. of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within fifteen (15) days after said recommendation has been made. 6.4.3.3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, then the fifteen (15) day period shall commence upon submission of the items by the applicant to the Department of Planning Services. 6.4.4 Duties of the Board of County Commissioners - After receipt of the Planning Commission's recommendation, the Board of County Commissioners shall hold a public hearing to consider an application for a Change of Zone to a Planned Unit Development Zone District. 6.4.4.1 Set a Board of County Commissioners' public hearing to take place not less than fifteen (15) days and not more than forty-five (45) days after receipt of the Planning Commission's recommendation, for consideration of the proposed Change of Zone. 6.4.4.2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Planned Unit Development Plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least fifteen (15) days prior to the hearing. 6.4.4.3 Arrange for the Department of Planning Services to post a sign on the property under consideration for the Planned Unit Development Plan according to the requirements of Section 6.4.2.5 of this Ordinance. 6.4.4.4 Give notice of the proposed Change of Zone and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration, and owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than fifteen (15) days before the scheduled public hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner or owners and lessees of mineral estates to receive such notification. 6.4.4.6 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action hereon. In making a decision on the proposed Change of Zone, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file. The Board of County Commissioners shall approve the request for the application only if it finds that the applicant has met the applicable requirements of standards 6.4.4.6.1 through 6.4.4.6.8. The applicant has the burden of proof to show that the following standards and conditions have been met: 6.4.4.6.1 That the proposal is consistent with the Comprehensive Plan, MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD, and the Weld County Zoning and Subdivision Ordinance. 6.4.4.6.2 That the USES which would be allowed on the subject property will conform to the Performance Standards outlined in Section 2 of this Ordinance. 6.4.4.6.3 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 the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. 6.4.4.6.4 Evidence that adequate public water and sewer will be made available to the site to serve the USES permitted within the proposed PUD in compliance with the Performance Standards in Section 2 of this Ordinance. 6.4.4.6.5 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 Zone District. 6.4.4.6.6 In the event the STREET or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Section of the COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be shown by submitting, with the PUD district application, a separate proposal for on-site and off-site road improvements. This proposal shall describe, in detail, the type of on-site improvements in compliance with Section 12 of the Subdivision Ordinance and off-site road improvements in compliance with Section 13 of the Subdivision Ordinance, to determine if the requirement for STREET or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with Weld County's policy regarding Collateral for Improvements. 6.4.4.6.7 That there has been compliance with the applicable requirement contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. 6.4.4.6.8 Consistency exits between the proposed zone district(s), USES, the Specific or Conceptual Development Guide. 6.4.4.6.9 Upon the Board making its final decision, a resolution setting forth that decision shall be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. 6.4.4.6.10 The Board of County Commissioners shall arrange for the Office of the Weld County Clerk and Recorder to record the resolution and, if the proposed Change of Zone is approved, the rezoning plat. EXGITBTT L ENVIRONMENTAL SITE ASSESSMENT U.P.R.C. PARCEL A 189 ACRES SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST WELD COUNTY, COLORADO DECEMBER 4, 1998 PREPARED FOR: COMMUNITY DEVELOPMENT GROUP, LLC 2500 ARAPAHOE STREET, SUITE 200 BOULDER, COLORADO 80302 PROJECT NUMBER 134-001-01 PREPARED BY: REVIEWED BY: Bri5n E. Crandall Gre: P. Sherm. Project Manager WESTEEN ENTIMONZIENT - - J d ECOLOGY INC 2217 WEST POWERS AVENUE LITTLETON, COLORADO (303) 730-3452 FAX (303) 730-3461 Email - West2217@aol.com TABLE OF CONTENTS 1.0 LNTRODUCTION 1.0 2.0 SITE DESCRIPTION 1.0 3.0 RECORDS REVIEW 4.0 3.1 Results 5.0 4.0 SITE INSPECTION/INTERVIEW 6.0 4.1 Aerial Photography Review 7.0 4.2 Water Well Search 7.0 4.3 Biosolid Application 8.0 4.4 Threatened or Endangered Species 8.0 4.5 Undermining 8.0 5.0 CONCLUSIONS 9.0 6.0 LITERATURE CITED 9.0 TABLES Table 1 Search List 4.0 Table 2 Petroleum Production Weil List 6.0 FIGURES Figure 1 Site Location Map 2.0 Figure 2 Site Map 3.0 APPENDICES Appendix A Reference List Appendix B Western Environment and Ecology Inc Statement of Qualifications •,t <ss 29 H I / 1.� \ i) pr -� e O 0 74 I <95< • uw.ers T -r -- ,' / --- > 280000 • - / _ J � Q _-/, 38 //// 1� • T.2 N. Y !� 1 r/�� - E / r ? - QN #) "37 � 4 1 .O /� so > O /' ,_ , / - EXrENS,ON' __ _. \ .�i U V \ .�.. SO,J N U.S.G.S. ERIE QUADRANGLE 1967 SCALE 1 : 24,000 PHOTOREVISED 1979 WESTERN E OE Figure 1 - Site Location Map AND ECOLOT INC` 189 Acres 2217 West Powers Avenue Section 33, Township 2 North, Range 68 West Littleton, Colorado 80120 Weld County, Colorado W COR _ _ _ _ _ _ _ _ Y __ NE A 3111; O I,nnnI 6v6i /• (, II ' ,��I /I 7 IN "*”....r, � rr ;OW 1 /:' II �e Wetlands.� 4# II I if ERIF :MP i.1 NE , a1 nelnji 12 PARCEL F 'i h 555 LAW ii— �i11I 52 1 1 n ones 666 v' 1 F `,G Praire Dog; i, N I '°,, olonv ' 200 ;��„ e, n , I I / I ,15) l• 11 .l, I i t I __ nox obsegd it %)w SECI33 I 1 W 1/4 I _ _ _ _ _ _ 1_ — ___—__ ._ E 1 u] I a9 AI 1709760-1 �1 w If]oole RN 131439p a'RN!6.11N1 I 1I 6ecu[twcrt 4 I O K I //I Re:_ICA, O I}- I, I i t • 1 I j. '45r- Z I Ei" Z O 1 _ D ,,.1 O I II 200 O U U PARCEL F 1 1 I III I ' I I I I 11,1, ---,•., 'q I 1 l 1 1 I �; .7_ I \\ II F I 1 I I A I - - - - - - - MI I72M4 I - S Yf I SW COR SE HWY 52 5 1/4 N Hurst& Associates 11/2/98 a WESTERN ENVIROIZNIIVI Figure 2 - Site Map N, ECOLOGY INC. - 189 Acres 2217 West Powers Avenue Section 33, Township 2 North,Range 68 West Littleton, Colorado 80120 Weld County, Colorado 3.0 RECORDS REVIEW The purpose of the records review is to obtain and review information that will help identify the potential for recognized environmental conditions in connection with the property. Availability of records varies from information source to information source, including governmental jurisdictions. Western Environment did not identify, obtain or review every possible record that might exist with respect to the property. Instead, information from reasonably ascertainable sources was reviewed. The individual lists are maintained in house by Western Environment and updated approximately every 6 months. The approximate minimum search distance and the resources utilized are listed below. Lists Reviewed ASTM Standard Minimum Number of Sites within Search Distance Search Distance Federal and State NPL Site List 1.0 mile 0 Federal and State CERCLIS List 0.5 mile 0 Federal RCRA TSD Facilities List 1.0 mile 0 Federal RCRA Generators List Property and Adjoining 0 Property State Landfill and/or Solid Waste 0.5 mile 0 Disposal Site List State Leaking UST List 0.5 mile 0 State Registered UST List Property and Adjoining 0 Property Colorado Voluntary Cleanup List 1.0 mile 0 4 3.1 Results No listing on any of the above referenced sources for the subject site was found. 5 4.0 SITE INSPECTION INTERVIEWS r The purpose of a site reconnaissance is to obtain information indicating the likelihood of identifying recognized environmental conditions in connection with the property. On a visit to the property on October 23, 1998 Western Environment personnel visually observed the site to the extent not obstructed by bodies of water, adjacent buildings or other obstacle and debris. During the inspection, the surrounding area was examined to confirm any operations or activities involving hazardous materials and the locations of those sites listed in Section 3.1 of this report. Based upon a 200 foot setback from operating wells, approximately 28.80 acres are not available for development. Setbacks from tank batteries are dependent upon the contents of the tanks. The common setbacks vary from 100 to 500 feet as required by the U. S. Department of Housing and Urban Development (HUD, 1987). r The table below presents the wells, tank battery areas, and any stains observed during the site inspection. Figure 2 Well/Tank Battery Approximate Stained Area Numbering Location (feet) Kaufman Amoco 86 "B"#1 TOP OF MINE 1 x 5 TAILINGS PILE 2 U.S. Explor. Nelson 41-33 and battery NE 1/4 24 x 30 3 SOLO U.P.R.C. 331M Tank and Drip NE 1/4 no stain Station 4 Patina Oil & Gas NE 1/4 no stain 5 Kaufman Amoco "B"#3 NE 1/4 8 x 8 6 Snyder Oil Corporation has reported a release to the Oil and Gas Commission adjacent to the 33-1M Drip Station. Soil and groundwater samples have been acquired surrounding this facility. One monitoring well (MW-1) located directly east of the installation has been impacted (570 parts per billion benzene) . One soil sample collected (B2-0-2') has 17% Total Recoverable Hydrocarbons. A fifty five gallon drum of purge water that was acquired on September 30, 1996 remains on site. 4.1 Aerial Photography Review An aerial photography review was conducted for the oldest available photo, May 28, 1952 Property usage was agricultural and the Erie Open Pit Mine was in operation. No petroleum production wells were observed. 4.2 Water Wells According to the Colorado Division of Water Resources 10 water wells are registered within the eastern half of Section 33. Depth and yield data was taken from the Division of Water Resources Records. Permit Number Owner Tpepth Yield Location 25563F Rocky Mtn Energy 230 5 NENE 1/4 25562F Rocky Mtn Energy 90 70 NENE 1/4 170243 E. Hodges 100 10 NENE 1/4 170243 E. Hodges 253 5 NENE 1/1 93150VE E. Hodges na na NENE 1/4 3097MH Snyder Oil Corp. 23 na NENE 1/4 Snyder Oil Corp. 23 na NENE 1/4 Snyder Oil Corp. 23 na NENE 1/4 Snyder Oil Corp. 23 na NENE 1/4 26056F Rocky Mtn Energy na na NENE 1/4 yield - gallons per minute 7 4.3 Biosolid Application Files reviewed from the Colorado Department of Public Health and Environment did not indicate any permitted biosolid application permits for the eastern half of Section 33. 4.4 Threatened or Endangered Species / Critical Habitats Conversations with Mr. Peter Pleage of the U.S. Fish and Wildlife Service stated that no significant wildlife habitats occur within Section 33. Mr Pleage stated that the Erie area may provide winter habitat for eagles. A prairie dog colony was observed along the eastern portion of the property. This area represents approximately 1 acre with approximately 8 prairie dogs. 4.5 Undermining No mine working are known to occur beneath the site. However, approximately 40 acres of the site are impacted by the Erie Open Pit Coal Mine. Conversations with Mr. David Buckman of the Colorado Division of Mine Land Reclamation stated that no special permit requirements through his organization or the U.S. Bureau of Mines, Surface Mining Division were required for development. arvT rKa". " d is .-• 'i` am�pp » ir+ Kauffman Champlin 86 Amoco "B"Well No.5 8 . 5.0 CONCLUSIONS Western Environment performed a Phase I Environmental Site Assessment of 189 acres of section 33, Township 2 North, Range 68 West, Erie, Colorado, in general conformance with the scope and limitations of ASTM Practice E-1527. This assessment has revealed no evidence of recognized environmental conditions in connection with the property except: 1) soil / groundwater contamination from 33-1M drip facility 6.0 LITERATURE CITED * ASTM 1993 American Society for Testing and Materials, Special Technical Publication E 1527-93. 1916 Race Street, Philadelphia, Pennsylvania. * Document Referenced for Records Review (Appendix A) * Colorado Division of Wildlife, Significant Habitats Maps, July 1996 * U.S. Department of Housing and Urban Development, Siting ofHUD-Assisted Projects Near Hazardous Facilities (HUD-1060-CPD) April 1987 9 APPENDEC A REFERENCE LISTS Documents Referenced for Records Review 1) National Supertund Priorities List Sites: Colorado ReMon VIII. April 1998- _) U.S. E.P.A. Supe-fund Promam CERCLIS, Colorado ReMon VDT. April 1998 3) RCRIS Master Facility List. TSD Sites, Colorado. April 1998. 4) Coicrado Active Landfills, April 1998 5) Estoric Landfill Database. April 1998. 6) Colorado Department of Labor and Employment Underm-ound Storage Tank List. March 1998. 7) Emergency Response Notification System. November 1997. 8) Colorado Transfer Stations. April 1998 • 10 APPENDLY STATEMENT OF QUALIFICATIONS WESTERN ENVIRONMENT AND ECOLOGY INC. REAL ESTATE TRANSFER ENVIRONMENTAL AUDITS (RETA) In response to provisions contained within the Comprehensive Environmental Response Compensation and Liability Ac.(CERCLA)and the Resource Conservation and Recover,Act(RCRA), lending institutions- firms and individuals involved with property transfers have become paintully aware of the costs associated with environmental liabilities. In an attempt to make informed decisions and potentially avail themselves of the "innocent purchaser defense" as defined in CERCLA. lending institutions are requiring. the completion of an environmental audit. Previously, the completeness and the thoroughness of these audits varied as greatly as the cost. However. in late 1992. the American Society of Testing and Materials (ASTM) adopted specific standards for completion of Phase I audits. The ASTM standards (E-1527 and E-15:3) are quite specific as to the level of inve Ligation necessary to complete the audit. v6raibrzaaT MsT' Q tozewr, =v., has performed Real Estate Transfer Environmental Audits to ASTM standards long before the standards were adopted. Additionally,"09''�.S'^ .?s n. OZni -'�'�cr S .1'477CILOGIT, personnel have provided training to FDIC re?onal offices on environmental compliance and financial institution liabilities. This familiarity with lending institutions and more than ten years of experience in performing RETA's allows WriSt"Taa; flrr.4,.�QN3C1/41-11 S-W FCOZOGT, to provide eEcient and complete reports meeting short time frame requirements. SERVICES ►Historical Photo Records Search IAsbestos Survey ►Environmental Records Search 'Radon Survey POn-site Inspection 1PCB Survey SELECTED CLIENT LIST FDIC. Denver, Colorado Nonvest Banks, Casper, Wyoming Ciry of Wheat Ridge, Colorado Shively, Strommen &Hoist, Longmont, Colorado Town of Lyons, Colorado GREG D. SEhRYL4N. P.G. r President PROFES5IOtNAL CAPABILTTIES: • Mr. Sherman has more than :0 years of professional experience. He is currently President of W r z aC MTITIBCDSZCIT AW tc©BCGT, =VC, Priorto his current position. he was the Principal Geologist with SEACOR in its Lakewood Colorado oEtce. Duties performed in these capacities involved responsibility for CERCLA RIJFS studies and RCRA.investigations. His professional assignments include project managerment and technical direction of the desig*t and installation of a 1000-foot long interception trench at the Roe.:r Fiats Nuclear Weapons Plant in Jefferson County, Colorado. Mr. Sherman has recently completed the oversight and management of the installation of more than 70 zroundwater extraction was and vapor extraction and sparing points. This work was completed on the Stanford Research Park Superi1nd site in Palo Alto. California. Recently. he has concentrated on hydrocarbon rernediation system design and installation utilitng on-site reinjection of treated groundwater and enhanced oxygenation systems. Mr. Sherman is past Chairman of the Rocky Mountain Section of the Association ofEnghneering Geologists. He has served as Chairman of Executive Enterprises Seminars on Sampling and Data Analysis. He has extensive experience in geotechnical and geological investigations, groundwater studies. UST testing and evaluation construction materials testing and mineral resource evaluation. Mfr. Sherman is recognized in the reMon as one of the leading experts in undermound storage rank management and mine subsidence. He has placed special emphasis on the application of geophysical techniques to environmental and geotechnical investigations. Clients forthese projects range from Federal, state and local governments to private industry and commercial developments. The project types included petroleum distribution facilities.nuclear power plants,highways and streets,darns and reservoirs.transmission lines,sewage treatment plants and sewage systems.hazardous and industrial waste disposal areas. and mining facilities. as well as residential and commercial developments. Mr. Sherman has performed gectechnical and geological investigations in Alaska. Arizona. California. Colorado, Idaho, Illinois, Monrnna New Mexico, New York, Nevada. North Dakota. South Dakota. Texas. Utah and Wyoming. Additionally, he has international evaluation experience in the Middle East and Mexico. RE GISTRATIO N/CER s lh ICATION Wyoming Professional Geologist 4_?96 Indiana Cerin'ed Geologist 4736 Certified Professional Geologist. CPG*6:36 Petro The Training Course, 1936 40-Hour OSHA Training Course. 1937 3-Hour OSHA Supervisor Course, 1987 Nuclear Density Gauge Operation and Safety Training Course, 1934 NRC Quality Assurance Training, 1973 Asbestos Inspector, 1996 EXPERIENCE Western Environment and Ecology. Inc.. Littleton. Colorado: President. 1994. SEACOR. Inc.. Lakewood. Colorado: Principal Scientist. 1992-1993. Roy F. Weston.. Inc.. Lakewood. Colorado; Principal Geologiist. 1990-1992. ATEC Associates. Inc., Denver, Colorado; Environmental Division N[ana.er_ 1985-1990. Tierra Consultants, Inc.. Denver. Colorado: President 1982-1985. Apache Energy and Nimerals. Denver. Colorado: Senior Project Geologic. 1979-1932. Dames and Moore. Denver. Colorado: Project Geologic. 1977-1979. Resource Associates of Alaska. Fairbanks, Alaska: Staff Geologist_ 1976. Uranerez L.S.A., Inc.. Casper, Wyoming; Staff-Geologist, 1975-1976. Amoco Production Company, Denver, Colorado: Lab Technician. 1974. Cities Service Company. Durango. Colorado: Field Technician. 1973. EDUCATION B.S., Geology, University ofNonhern Colorado. 1975 Graduate Studies. New Mexico Institute of Mining and Technology. 1977 AWARDS Rocky Mountain Associate of Geologists. Outstanding Senior. 1975 Who's Who in the West. 1933 PROFESSIONAL ASSOCIATIONS • Association of Engineering Geologist Society of Mining Engineers, American Institute of Mining Engineers American Institute of Professional Geologists Senior Scientist Colca Canyon Scientific Expedition. 1990 Colorado School of Nimes. Non-faci[ity Senior Design Team Advisor PUBL1CATIOINS,PRESE4TATIO NS Sherman.Gre=D.,"Sampling and Data Analysis":Executive Enterprises Seminar.Chairman_May 199=. Sherman. Greg D , "Statistical Desist of Sampling Plans"; Executive Enterprises Seminar. June 1990. Sherman. Greg D., "Impact of the EPA UST Re=uiations"; Tri-State Petroleum Marketer. December 1983. Sherman. Greg D., "Variables Effecting Volumetric Leak Detection Methods for Underm-ound Storage Tanks": Paper even to the Colorado Section. American Society or Civil Engineers. 1983. Sherman_ Gres D.. "Tne Impact of Underground Storage Tank Regulations on Industry"; Extended Abstracts. American Institute of Chemical Entteers. National Meeting, 1983. Sherman- Greg D.. "Assessment of Subsidence Damage to Existing Structures in Louisville. Lafayette. Colorado": Proceedings of the Colorado Governor's Conference on Subsidence. 1985. Sherman. Greg D.. "C-eoiogv and Miming Ester+ of the Boulder;'Weld Coai Field". Paper given at Denver Coai Club Meeting, 1985. Sherman. Gres D.. "The New Mexico Gold Belt Re2onal Structural Implications": Proceedings of the Western Mining Association 1982 Convention. Sherman_ Greg D.. "Colorado Front Range Uranium Deposits. A Possible Origin": in review. Sherman. Greg D.. "Origin of Monoclinal Folding Near Livermore. Colorado": Mountain Geologist, April 1976. BRIAN E. CRA.YDALL Project Manner PROFESSIONAL CAPABII_IT]IS Mr. Crandall has five years of professional experience. He is currently a Project Manager with wssra.N.nrnnc fl SLNt ZCCLCG r, t- Prior to his current position. he was a Staff Geologist with Hamer Environmental Mana_ement. Inc. and also with Strata Environmental Services. Inc. Duties performed in these capacities involved the supervision of field activities for more than:00 underground storage tank facilities. He has also been responsible for remedial activities for agricultural and industrial environment concerns and landfill sites. These issues included the installation of ^ monitoring wells to determine the horizontal and vertical extent of contamination as well as the installation and operation and maintenance of various soil and groundwater remedial systems. While at Harrier Environmental_ he began e.nensive work with hydrocarbon remediation utilizing enhanced oxygenation and air sparing techniques. REGISTRATION/QUALIFICATIONS Association of Enateering Geolothsts 40-hour OSHA Training Course S-hour OSHA Supervisor Course CPR and 1st Aid Responder Course Lead Inspector, 1996 EXPERIENCE r Western Environment and Ecoio_rv. Inc.. Littleton. Colorado. Project Manager. 199a Harper Environmental Management Inc.. Littleton. Colorado. Staff Geoioasz. 1993-1994 Strata Environmental Services. Inc.. Webber file. Michigan. Staff Geologist. 1991-1993 EDUCATION( B.4. Geology Wittenberg University. 1991 Hello