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Home My WebLink About20002681 MEMORANDUM Wi`Pc To: Weld County Commissioners October 27, 2000 COLORADO. From: Monica Daniels-Mika, Planning Director Subject: S-554 At the applicant's request the Department of Planning Services is recommending that Case S-554 be continued to the December 13, 2000 hearing. Logomemo 2000-2681 SERVICE,TEAMWORK,INTEGRITY,QUAL]Y y ' � ,Y 5.'^' ( f Gyb}F� f &vq+c i , L1° „„„ � � t to , f �k �g N to g � is �!�� ,;Y i`r. fSgT' � '1 ,� r �A iy4x`ii � YfNf� is S uA"ws' g- p i� ti. • Name: MVC-014S.JPG Size: 32495 bytes Dimensions: 640 x 480 pixels e xs+x*+}aa:m�k • �q r • tsoUNr" MOUNTAIN VIEW FIRE PROTECTION DISTRICT A a Administrative Office: pu'� f s 9119 County Line Road•Longmont, CO 80501 (303) 772-0710• FAX (303)651-7702 VIEW September 27, 2000 Ms. Monica Daniels-Mika Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Ms. Daniels-Mika: I have reviewed the submitted material and pertaining to the final plat for the Idaho Creek Subdivisio d east of Weld County Road 7 and south of State Highway 119 (Case Numb S-554) he final plat is approved based on the following comments and stipulations: • nstruction plans for the utilities showing the location of fire hydrants, the size of water mains and available fire flows must be submitted to the Fire District for review and approval prior to construction of the streets. Fire hydrants shall be spaced along fire apparatus access roads so that spacing between hydrants does not exceed 500 feet and a hydrant is located within 250 feet of the front property line of all lots. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure or 20 pounds per square inch, is required for one- and two-family dwellings not exceeding 3,600 gross square feet. Hydrants shall be spaced no more than 300 feet apart in commercial portions of subdivisions (the school site) and a. minimum fire flow of 2,500 g.p.m. at 20 p.s.i. is required. The installation lire hydrants. water mains and access roads is required to parallel construction and storage of combustible materials on site. • Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving capabilities. Access roads shall be maintained when building construction begins. • Street intersections must be marked with signs showing the street name and address range when building construction begins. If non-standard street signs are used, the Fire District respectfully requests to comment with regard to sign visibility. • All single-family residences shall have a legible address that is clearly visible from the street fronting the property. • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half by eleven inch map of the subdivision showing the street configuration, street names, hydrant locations and addresses of the lots. H 1 B 1 T S#55' Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Lino Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Bnggs 100 So.Forest S ansn1 Arlen Mean.CO An542 Nlwot.CO 80544 80026 Erie.CO 130516 Dacono,CO 80511 Ms. Monica Daniels-Mika September 27, 2000 Page Two Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/Ip cc: Kent Carlson, P.O. Box 247, Eastlake CO 80614 project file file Ip0934.00 oimson P.O. Box 247 12460 1st Street Eastlake, Colorado 80614 Office. 303/457-2966 Fax 303/280-2978 October 27,2000 Weld County Department of Planning Services Attn: Monica Daniels 1555 North 17th Ave. Greeley, Co. 80631 Dear Monica, The applicant, Kent Carlson,for the"Idaho Creek"PUD project hereby requests that the scheduled hearing for the PIM Final Plan set for November 1,2000 with the Weld County Commissioners be rescheduled for December 13,2000. Thank you for your time andconsideration on this matter_ Sincerely, ' t Carlson romley I32, L.L.C. 3 IX MIDI T Oft H ti6t8 ' °V 'ONI SIIVIOOSSV NOS1dV3 Wd3Z : t' 666 ; CAROL Hardin Idaho Creek Page 1 From: Artie Elmquist <aelmquist@netscape.net> To: Monica Daniels-Mika <mdanielsmika@co.weld.co.us>, Weld County Board of Commissioners <charding@co.weld.co.us> Date: 10/31/00 11:16AM Subject: Idaho Creek Attached is a letter regarding the Idaho Creek PUD final plan. I also am including the text of the letter below in case the file attachment cannot be opened. St. Vrain Concerned Citizens Group 8724 1-25 Frontage Rd. E Longmont, CO 80504 Phone - (303) 776-4449 Fax - (954) 212-7996 E-Mail - stvrainccg@hotmail.com October 30, 2000 Ms Monica Daniels-Mika, Director Weld County Planning Services 1555 North 17th Avenue Greeley CO 80631 Subject: Idaho Creek PUD, Final Plan Dear Ms Daniels Mika: We have the following comments on the proposed Idaho Creek PUD: The Colorado Water Conservation Board [letter of September 19, 2000], the City of Longmont [letter of September 19, 2000] and the St. Vrain Valley School District have all expressed concern relating to part of the proffered school site being in the Idaho Creek flood plain. The FEMA study never established base flood elevations and subsequent alterations to the St. Vrain, Boulder and Idaho Creek drainages have negatively altered the extent and elevation of the flood plain. It is imperative that complete information of the extent of the flood plain, including base flood elevations. be established for evaluating this project for flood hazard. This would involve receiving a Letter of Map Revision EXHIBIT [LOMR] or at least a Conditional Letter of Map Revision [CLOMR] from �^ FEMA Statutory priority for mining must be observed before any f improvements can be constructed that would interfere with that mining. !mere are unm..inea portions or the property where development is `S a proposed. With the mining that has taken place on adjoining land and the present price of sand and gravel, these are economic deposits. CAROL Hardin Idaho Creek Page 2 trying to negotiate IGAs with local governments [including Weld County] to establish critical benchmarks whereby development approvals would be delayed until their was adequate student capacity. It is to be hoped that the County government is cooperating in developing these IGAs. Refer to the vveid County Sheriff's Department letter of September 22, 2000 in which an extensive list of conditions that should be met in order to make a development such as proposed amenable to adequate law enforcement is detailed. The recommendations made should be considered seriously and made conditions for design of this project for the safety of the citizens of the County and personnel of the Sheriff*s Deparment. Although dwelling unit densities have been decreased, they remain at a level that is higher than that which is compatible with the surrounding commercial and agricultural uses. Since the nearest shopping and most other municipal facilities are six miles distant this project can only create more negative urban sprawl. The adjacent mobile home park is an anomaly that was permitted over 30 years ago when there were minimal commercial uses in the area. Unfortunately, County government has already approved a change of zone permitting residential development at the site. However, it does remain County government*s responsibility to insure that development is such that it strictly conforms with County ordinances and protects the health, safety and welfare of Weld Citizens. We appreciate the opportunity to make comments as all these projects affect us in the area in some manner. Sincerely, Artie Elmquist, Representative St. Vrain Concerned Citizens Group cc: Weld County Board of Commissioners OiRISOfl P.U. Box 747 12460 1st Street Weld County Planning Dept. Eastlake, Colorado 80ti,<". Office: 303!457-21)66 Fax: 303!280-2978 L)E( 08 2000 RECEIVED December 5,2000 Weld County Department of Planning Services Attn: Monica Daniels 1555 North l7`'' Ave. Greeley, Co. 80631 Dear Monica, The applicant, Kent Carlson, for the"Idaho Creek"PUD project hereby requests that the scheduled hearing for the PUD Final Plan set for December 13, 2000 with the Weld County Commissioners be rescheduled for February 14, 2001. Thank you for your time and consideration on this matter. Sincerely, t Carlson romley 132, L.L.C. ti'. EXHIBIT 6 S #559 • oimson P.O. Box 247 12460 1st Street Eastlake, Colorado 80614 Office: 303/457-2966 Fax: 303/280-2978 December 5, 2000 Weld County Department of Planning Services Attn: Monica Daniels 1555 North 17m Ave. Greeley, Co. 80631 Dear Monica, I have enclosed a portion of the plat for the Northeast corner of Idaho Creek around the kas well. On the plat we are showing lines that detail a 200' and 250' radius. We would agree to do 250' radius buffer which would delete lots 7,8,9 and 10. However, we would like to keep lot 8,block 6 since it's on the other side of the road. We feel this is a good compromise and would like to have your support for this change. Thank you for your time and consideration on this matter, Sincerely, Ryan son [4. 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NUMBER OF PAGES (including cover page) 9 ORIGINAL TO FOLLOW VIA U.S. MAIL Yes X No WE ARE FAXING TO YOU THE ITEMS BELOW RELATIVE TO SUBJECT PROJECT: r DESCRIPTION e?ut /c Peter/girt 9 7.7( I� 7c,vC4Tu�f REMARKS: f—NV' —inV Engineers Surveyors Planners If you have any problem receiving this fax or you did not receive all pages, please contact us at 303- 708-0500. 41 EXHIBIT 2001-0651 Z S r5-6y 12/07/00 THU 15:45 FAX 303 708 0400 MANHARD CONSULTING a 002 NOV.20.2000 9 45/CNA-Ture�INC PG4'E NO.636 P.2/2 ligaE S 1 . TRACTS A-K A DRAINAGE AND NUDTILITY REASEMENTS,E DESIGNATED AS 2. EASEMENTS AS SHOWN ARE A DEVIATION FROM WELD COUNTY SUBDIVISION ORDINANCE SECTION 10.6. BY APPROVING THIS PLAN UTILITY PROVIDERS ACKNOWLEDGE THIS AND AGREE THAT THE EASEMENTS ARE SUITABLE FOR USE. UNITED POWER SERVICE IS AVAILABLE Z 0 APPROVED THISao.. DAY OF NC' '/ 2000. 0 0 - CC UNITED POWER A' 'C Witt eto; SAC .C,oct. Si;r-cegcety Ja. KN ENERGY CO 0 4 SERVICE IS AVAILABLE o C.) 2 APPROVED THIS DAY OF ________ 2000, Cl) .. Fes-. H LIA z KN ENERGY U.1 CC o m PLEFT HAND WATER DISTRICT a P SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. 0 r O _ 4 w LEFT HAND WATER DISTRICT 0 3 Ca SAINT VRAIN SANITARY DISTRICT r. SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. Q V SAINT VRAIN SANITARY DISTRICT GALAXY CABLE I\ SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. IC PH0..ENO,. T.A.C , II I DRANK BY, D•L•L, GALAXY CABLE CHOCKED ay, H.J.W Q DATIL I0-15-00. io QWEST SCALE. 1"=IOO' `ka SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. 1 SHEET Q Ct I OF 1 Z QWEST 2 KBCWCC C11p 12/07/00 THU 15:45 FAX 303 708 0400 MANHARD CONSULTING Iit)003 5/FAZE!-%U/lzE PP4E NOTES 1 . TRACTS A-K AND M ARE DESIGNATED AS DRAINAGE AND UTILITY EASEMENTS. 2. EASEMENTS AS SHOWN ARE A DEVIATION FROM WELD COUNTY SUBDIVISION ORDINANCE SECTION 10.6.. BY APPROVING THIS PLAN UTILITY PROVIDERS ACKNOWLEDGE THIS AND AGREE THAT THE EASEMENTS ARE SUITABLE FOR USE. UNITED POWER SERVICE IS AVAILABLE Z O APPROVED THIS ____ DAY OF 2000. O 0 ( a CC UNITED POWER > O KN ENERGY m 0 < SERVICE IS AVAILABLE M 0 APPROVED THIS ____ DAY OF - - . 2000. - -• (/) } KN ENERGY w Z LEFT HAND WATER DISTRICT V O SERVICE IS AVAILABLE U APPROVED THIS ____ DAY OF 2000. 0 O w °� LEFT HAND WATER DISTRICT O SAINT VRAIN SANITARY DISTRICT I.% SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. O SAINT VRAIN SANITARY DISTRICT44. __GALAXY CABLE 1� SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000. PRO!. ENO., T.A.C DRAWN BY. D.L.L. V GALAXY CABLE Q CHECKED BY. EMI QWEST DATE. 10- 16-DO SERVICE IS AVAILABLE SCALE. 1"=100' APPROVED THIS ____ DAY OF 2000. SHEET QWEST 1 OF 1 Q KBCWCC C116 12/07/00 THU 15:45 FAX 303 708 0400 MANHARD CONSULTING IJ004 NOV. 29. 2000 9:07AM NO. 0079 P. 1 • 5/c*' rTuab PPc6 NOTES 1 . TRACTS A-K AND M ARE DESIGNATED AS "To -To1:1O DRAINAGE AND UTILITY EASEMENTS. GAQ'WL"ler 2. EASEMENTS AS SHOWN ARE A DEVIATION FROM WELD COUNTY SUBDIVISION ORDINANCE SECTION 1O.6, BY APPROVING THIS PLAN UTILITY PROVIDERS ACKNOWLEDGE THIS AND AGREE THAT THE EASEMENTS ARE SUITABLE FOR USE. UNITED POWER SLRVICL tS AVAILABL,;'j Z O APPROVED THIS ____, DAY OF ._ 2OOO. 0 0 c a UM TED POWER - ≥ 0 m KN ENERGY 0 a Q SERVICE IS AVAILABLE = U M APPROVED THIS __ DAY OF 2OOO. Cl) _ } SC I. I. KN ENERGY W Z J W 0 _ LEFT HAND WATER DISTRICT CC O I- SERVICE IS AVAILABLE 7 O APPROVED THIS ____ DAY OF 2OOO. a w o LEFT HAND WATER DISTRICT in SAINT VRAIN SANITARY DISTRICT Q SERVICE IS AVAIL/WI& APP Pot 6/0 I Col APPROVED THIS jr_ DAY OF Ah2JtMDzet- 2OOO. Q SAI VRAIN SANI7RIcc 0 4, GALAXY CABLE I% SERVICE IS AVAILABLE O APPROVED THIS ____ DAY OF 2000. FRO,. ENO., T.A.C 1 maws BY, D.L. L. V GALAXY CABLE C4ECRE0 6Y. H J W __ .74.t OWEST O,�E. 1a-IE-oo ct SERVICE IS AVAILABLE SC*L . 11.=_I 00 APPROVED THIS ____ DAY OF 2000, SHEET Q Ct QWEST 1 OF KBCWCC C115 mul 12/07/00 THU 15:46 FAX 303 708 0400 MANHARD CONSULTING 1005 11/16/00 THU 14:20 FAX 3035305252 LHWD Rion NOTES; 1 . TRACTS A-K AND M ARE DESIGNATED AS DRAINAGE AND UTILITY EASEMENTS. 2. EASEMENTS AS SHOWN ARE A DEVIATION FROM WELD COUNTY SUBDIVISION ORDINANCE SECTION 10.6. BY APPROVING THIS PLAN UTILITY PROVIDERS ACKNOWLEDGE THIS AND AGREE THAT THE EASEMENTS ARE SUITABLE FOR USE. UNITED POWER SERVICL IS AVAILARI.:_ z O APPROVED THIS ____, DAY OF 2000. O 0 C ___.. a UNI TED POWER - > O KN ENERGY 0 ---I o- SERCE IS AVAILABLE D O Q VI APPROVED THIS ____ DAY OF 2000. Cl) � , >- >- le KN ENERGY W Z J LEFT HAND WATER DISTRICT CC O it- SERVICE IS AVAILAB k. O V APPJ OVEO THIS 1k__ DAY OF /UDdP1,y1, /2000. O CI L FT A WATER DISTRICT O U SAINT VRAIN SANITARY DISTRICT I.% SERVICE IS AVAILABLE APPROVED THIS ____ DAY OF 2000, V SAINT VRAIN SANITARY DISTRICT GALAXY CABLE SERVICE IS AVAILABLE O APPROVED THIS ____ DAY OF 2000. PRO.,. 6Na, T.A.C DRAWN ay. ._PL....... ..- V GALAXY CABLE CK CKCU BY, Ii.J.W. Q QWEST u.r¢, 10-Is _�- St SERVICE IS AVAILABLE SC. 4. =too' APPROVED THIS -___ DAY OF 2000 SHEET ,,•-1/4 QWEST 1 11 of KBCWCC C116 rza 12/07/00 THU 15:46 FAX 303 708 0400 MANHARD CONSULTING 1006 140U-17-00 12: 54 FROM:(WEST FIELD ENG ID: 3034511755 PAGE 1/1 _) /!.s /V rf / (.//L [" /'t/LSE-. Win 1 . TRACTS A-K AND M ARE DESIGNATED AS DRAINAGE AND UTILTY EASEMENTS. r 2. EASEMENTS AS SHOWN ARE A DEVIATION FROM WELD COUNTY SUBDIVISION ORDINANCE SECTION 10.6. BY APPROVING THIS PLAN UTILITY PROVIDERS ACKNOWLEDGE THIS AND AGREE THAT THE EASEMENTS ARE SUITABLE FOR USE. UNITED POWER Si:R'.ACE IS AVAILABLE APPROVED THIS DAY OF _ .-- 2000. O Q ---.-- _ __ __ _ ct tt UNITED POWER-- O KN ENERGY a J a SERVICE IS AVAILABLE 0 U a APPROVED THIS ____ DAY OF _ ___ 2000. 2000. CO >- >- KN ENERGY W 2 _ w J LEFT HAND WATER DISTRICT CC rs F- SCRVICE IS AVAILA BLE O U i-. APPROVED THIS ____ DAY OF 2000. LEFT HAND WATER DISTRICT Q LJ! O o 3 SAINT VRAIN SANITARY DISTRICT Q SERviCE IS AVAILABLE c APPROVED THIS _-__ DAY OF 2000, V SAINT VRAIN SANITARY DISTRICT GALAXY CABLE 14 k SERVICE IS AVAILABLE O APPROVED THIS ____ DAY OF 2000. 4C PRO'. (MO.. T.A.C 1 --___ DRAWN BY. 0 L L. __ V GALAXY CABLE CHccKCD Bt._f- W Q QWEST DATE, o-,s-oo O SERVICE IS AVAILABLE sc. e. i'..100* APPROVED THIS __7_ DAY OF 4/__ _ 2000. �' SHEET Q E52�_6Kis� -- OF O 1 1liC KBCWCC 0116 MONICA Mika- S566.MEM Page 1 Memo To: Kim Ogle,Planning Department From: Rick Dill Subject: S-566 Idaho Creek Subdivision Date: December 4,2000 On Wednesday,November 29,2000, I met with Ryan Carlson to discuss the prior Sheriff's Office comments from Les Cogswell regarding this development. There were five specific issues discussed. Mr Carlson could not describe the slope of the bank surrounding the water bodies west of the development. I indicated our primary concern was not creating an attractive hazard condition where young children from the subdivision would be attracted to water they could not easily get in and out of. If the banks of the water bodies have no barriers for young children trying to get out of the water,we would not require fencing. Mr Carlson was going to get that information and suggested he would take photographs for our review. We discussed street names. Mr Carlson appeared open to renaming streets but requested a listing of what street names were already in use. I am attempting to get that information now. I've found, however,information in that format is not readily available from the geo-files in the dispatch center. I am able to check a specific name and where the street is but cannot assemble of list of what is in the data base at this time. It makes sense to be able to provide a list of names in use. This is not a mobile home park entity but a development of individual lots much like Hill 'n Park which makes the use of a site manager impractical. However,we did discuss the importance of having a viable home owners association with the fiscal resources to actively enforce covenants. Mr Carlson indicated there was a plan to assess home owners fees to fund a home owners association. He was going to provide me more information about the fees and the covenants. It would be possible for a community resource officer to aggressively work with a viable home owners association to address our concerns. Our experience has been HOA's are not effective over time unless there is some on-going fiscal basis to insure compliance through the court. I emphasized the importance of having a centralized school bus shelter collection point and centralized mailboxes. At the time,we discussed placing both in the open space central to the subdivision. However, I later left a message for Mr Carlson indicating something integrated into Road 7.5 at the west entrance or north entrance would probably be more practical as negotiating a large a bus inside the park would be difficult. We discussed"traffic calming"measures of speed bumps and dips. Mr Carlson left a plan for me to mark up with where such features should be located which I initially agreed to do. Subsequent to the meeting,I have become concerned that such recommendations better be made by a traffic engineer as I am unfamiliar with best practices or applicable regulations. cc: Sheriff Jordan Les Cogswell 4 EXHIBIT T -#.53-3/ __ r• ..�� STATE OF COLORADO --e7olorado Water Conservation Board Jepartment of Natural Resources 1313 Sherman Street,Room 721 Denver,Colorado 80203 1 Phone:(303)866-3441 FAX:(303)866-4474 www.cwcb.state.co.us Bill Owens Governor Greg E.Walther Mr. John Folsom Executive Director 7050 Loma Linda Court Dan McAuliffe Longmont,CO 80504 Acting Director Dear Mr. Folsom: Governor Owens has asked that the Colorado Water Conservation Board respond to your e-mailed message to the Governor, dated October 30,2000. As the Chief of the Flood Protection Section of the Water Conservation Board, I am responsible for directing many of the state's activities regarding flood risk mapping and flood hazard reduction. In your message you made reference to construction in floodprone areas in portions of unincorporated Weld County. Specifically you spoke of lands in the vicinity of St. Vrain Creek, sometimes referred to as the "Del Camino area". You noted that the FEMA FIRM maps for that area contain only approximate floodplain iformation, providing no Base Flood Elevations(BFEs) or other detailed information. The Del Camino area has peen a concern to our agency for some time, with respect to the need for detailed and up-to-date floodplain mapping. In 1979 the U.S. Army Corps of Engineers (Omaha District) prepared preliminary detailed floodplain mapping for the area. Unfortunately, no funding was available, either at the federal, state or county level, to finalize the mapping and publish it. The mapping was never made compliant with federal and state technical standards, so it could not be officially designated and approved by the Colorado Water Conservation Board (as provided for in statutes). That mapping has been available for Weld County to use in making land use decisions, and my understanding is that the county has made some use of the mapping. Our agency does not have a funded program for floodplain mapping. As a result, the preparation of detailed floodplain mapping for areas such as the Del Camino area requires partnerships of local, state and federal agencies, sometimes with private entities as well, to secure funding to prepare the mapping. We are in the midst of trying to arrange just such a partnership for the Del Camino area,but we will not know right away whether the funding will be available. I agree with you that obtaining such funding, no matter where, is a critical need for the Del Camino area. I hope our present effort will be successful. The other need you discussed was the need for procedures to guide new land development so flood hazards are minimized. As you may be aware,Colorado has no state permitting requirements regarding development activities in floodprone areas by a state agency . The permitting of such activities is entirely a local government matter. FEMA requires local governments to adopt and enforce compliant floodplain regulations in order to remain in the National Flood Insurance Program (NFIP). The State of Colorado provides technical assistance to FEMA and to the local governments. My staff has provided such technical assistance to Weld County in the past. We remain eady to provide more assistance in the future,should Weld County desire. 4. EXHIBIT I S 155V .sere is a specific requirement in FEMA's model regulations that may be of interest to you. Local governments participating in the NFIP must require the preparation of detailed floodplain studies in areas designated as ' proximate floodplains(Zone A)in the event of a subdivision larger than a minimum standard. That standard is a ..vo-part standard: the property is 5 acres or more,or the subdivision proposes 50 lots or more,whichever is less. I do not know whether that requirement is applicable to any of the development activities your message alluded to. The Colorado Water Conservation Board will continue to pursue funding for the preparation of current floodplain mapping for St. Vrain Creek in Weld County. Should the funding become available, we will be directly involved in the preparation of the floodplain mapping. My staff is available to provide technical assistance to Weld County if the county wishes. I trust that I have addressed your concerns. If you have any further questions or if you would like to discuss other steps that the Water Conservation Board could take,please do not hesitate to contact me. Sincerely, Larry F. Lang,Chief Flood Protection Secti Cc: Governor Bill Owens Greg Watcher, Executive Director,Colorado Department of Natural Resources Monica Mica-Daniels, Weld County Planning Director V WCTRANS/SECA/lany/St-Vain citizen letter I 1-2000.doc 7050 Loma Linda Ct. Longmont CO 80504 303 833 2992 October 30, 2000 To: Governor Bill Owens Sir: In the newsletter article released for the Governor's Flood and Drought Preparedness Conference, you stated your concerns for the incredible damage and suffering caused by floods last spring. I would like to relate to you how future exposure of life and property to damage by flooding is being permitted by a lack of accurate information as to the extent of floodplains and their characteristics in many areas of Colorado, and specifically in the area in which I reside. New construction is continuously being permitted in flood prone areas with no accurate information as to the potential boundaries of flooding or its depth. The FEMA FIRM maps [080266 0850 C and 0855 C, 1982] for my area have never been completed to establish base flood elevations [zone A]. Since they were published there have and continue to be major changes permitted in the flood prone areas. FEMA and CWCB are not responsive to referrals made relating to these new developments. County flood hazard area permits are inadequate, as they are issued base on inaccurate information and inadequate protective measures being required. There are in place regulations requiring this situation to be addressed. CFR Title44 section 65 has specific requirements as to studies and mitigations for alterations in flood prone areas. 2 CCR 408— 1 specifies rules and regulations for designation and approval of floodplains. This conference would be an excellent venue for gathering and dispensing information and expressing concern for this problem. Permitting construction in flood-prone areas without knowledge of their flooding characteristics will inevitably result in negative consequences for the health, safety and welfare of the people of Colorado. If study funding is the problem, we are being penny-wise and pound-foolish. I hope the problem is not a lack of determination on the part of government agencies.. Thank you John Folsom r^ October 30, 2000 Barbara ICirluneyer, Chair Weld Board of County Commissioners I understand that you will be speaking at the Governor's Flood and Drought Preparedness Conference, your topic being a"Rural Case Study of Flood Impacts& Recovery Activities". If you are not already, I would like to make you aware of a situation, specifically, in the drainages of the St. Vrain and Boulder Creeks in Weld County. This condition may exist in other drainages as well. It may, in the future, have grave negative impacts on the health and welfare of present and future Weld residents, and on public funds. The FEMA FIRM maps[080266 0850 C and 0855 C]for the area were never completed in 1982 to classify and establish flood base flood elevations[zone A]along the courses of these steams. In the years since the study, local governments have permitted, or are or will be in the process of permitting, major changes for development in these drainages in the subject area and upstream. Some of these, locally, are Idaho Creek, Lighthouse Cove, RiverDance, at Hamm Pit, Paragon Lake Estates, Blue Heron, MeadowVale phaseIl, Sherwood-Hanover, Continental View Ponds, Reflection Bay, Raintree, Brooks Farm and Del Camino East. Incidentally, some of these projects have been referred to the CWCB and FEMA for comment, some have not. In no case, have I found a response from these agencies. CFR Title 44, section 65 does require information being provided and certain studies and other steps being taken relating to intrusions that would alter lands in a flood plain. 2 CCR 408 — I specifies rules and regulations for designation and approval of floodplains. Earlier this year I understand there was discussion of the need for more accurate flood plain and floodway information, locally, between County staff and Larry Lang of CWCB but no measures have been taken as a result of the meeting. If you are in agreement with the allegations and concerns of this letter, I would appreciate any efforts that could be made to inform those that are involved with or otherwise have an interest in the need for accuracy of floodplain studies, for the health, safety and welfare of Colorado residents, locally, and at other locations in the state. If I may be of any assistance, please so advise me. Thank you, John Folsom 4. EXHIBIT L November 15, 2000 To: Monica Daniels-Mika Subject: Projected WCR 9-1/2 [Del Camino Parkway] Monica: It would appear that the reason for this future road is not going to be achieved based on the way its alignment seems to be working out. On the south end Firestone has diverted it through Del Camino Junction Business Park as is indicated on MUD map 2.1 toward the west so that it ends up at the east I-25 service road. On the north, it is now planned to veer it again to the west to join the same service road. Unfortunately, CDOT has under-designed the improvements to the service road. Where reconstructed near Del Camino and at the St. Vrain Creek crossing the road has only two lanes. Assuming that the basic rationale for the road is to take some of the traffic from the now under-designed service road, we end up with two new intersections with the service road and a two lane bottleneck over the Creek. To make 9-1/2 effective, the bullet has to be bitten and the Creek bridged so that traffic can flow independent of the service road. Now that we've solved this problem, we can attack the resistance of Mr.Tagliente to extend 9-1/2 through Frederick developments to its proposed junction with Hwy. 52 which is defeating the purpose of the road in that area. I would suggest this latter matter is pjie of at� [FIB 1041] and be turned over to the County attorney. f,/ ego/704g a A<,rA1../�?d""N J'` oYin Fol m .S��/Y"eG I k icy 9/a. r-zs 1 Weir,,tr ti r K cic4' 26 /CIJrY?6 feONT.wra'r j 1 AQav7E (2 LANES) torOA?Z's SorriniteK`• II SAW a B6 - �yo cKE}— 1T/U7•/UU THU 15:46 FAX 303 708 0400 MANHARD CONSULTING It7,J007 BULK STUDY IDAHO CREEK SUDIVISIO \ N WELTh CC ., \TY, CCLOPAJO 3LCC < c , LOT 12 40' TYPICAL -10' REAR SETBACK -- fl 5' SIDE 5 SIDE SETBACK SETBACK r — colic. STOOP 28.W J TYPICAL HOME I U_ (CHALET 228.0951) N o N H N 10.00' 18.00' PORCH DRIVE— WAY R.O.W. 18 GARAGE SETBACK B.O.W. r \�,' \ ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF ' MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% 12/07/00 THU 15:47 FAX 303 708 0400 MANHARD CONSULTING 1008 BULK STUDY IDAHO CPEEK SUBDIVISION WELD COUNTY, COLORADO BLOCK 1 , LOT 58 a / sp \ S� cis 9C F G* \ �eP / 1 5C SY 5 SIDE SETHI; H 5' SIDE SETBACK I \ 30.00' / TYPICAL HOME I (NANTUCKETT 230.1524) / N \ o 10.00' ci 'PORCH \ izO to / od 20.00 I I DRIVE- 18' GARAGE SETBACK ——-{ WAY pa- B W, ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE DATE REVISIONS BY 20 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. MANHARD CONSULTINGLTD. IDAHO CREEK SUBDIVISION �ti� WELD COUNTY, COLORADO _i*J-TYC 7 ENGINEERS • SURVEYORS •PLANNERS BULK STUDY . i -7,-,* 8232 E. Park Meadows Dr. Littleton, Colorado 80124 tel: 909/708-0500 fax: 703/708-0400 htlp://nw.BANHARD.eoln DRAWN BY S.E.S. GnTEAae I I /29/00 SCALE. I '- 20' SODA KBCWCC PROJECT.C116 a I 1Z/U(YUU THU 15:47 FAA 303 708 0400 MANHARD CONSULTING (6009 BULK STUDY z� IAA- 0 CREEK SUBDVISIC \ WELD SOU \TI, Cr‘ LC ADO BLOCK 1 , LCT 47 • 10' REAR SETBACK 5' SIDE 5' SIDE CONC SETBACK SETBACK sioor� gym, TYPICAL HOME (CHALET 228.1074) m 8 N N 10.00' M n n 1&00' PORCH DRNE— r- —18' GARAGE SETBACK WAY R.O.W. BO.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT • MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% r A)Cr44% MEMORANDUM W I To: Board of County Commissioners December 12, 2000 O From: Monica Daniels-Mika, Planning Director COLORADO Subject: Continuance for S-554 The Department of Planning Services staff and Kent Carlson are requesting a continuance of Case S-554 for Idaho Creek. Planning staff is requesting that the Board of County Commissioner's schedule this case for March 7, 2001. ..lam 2001-0652 g EXHIBIT SERVICE,TEAMWORK,INTEGRITY,QUALITY m 3 5'1 DEC-12-00 03:26PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.02/08 F-693 Davis Graham & Stubbs LLP December 12, 2000 Via Facsimile Ms. Monica Daniels-Mika Ms. Wendi Inloes Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: Case #554- Idaho Creek PUD Section 10, Township 2 North, Range 68 West Weld County,Colorado Dear Planners: This law firm represents HS Resources, Inc. ("HSR"). A representative from HSR will be attending tomorrow's public hearing for purposes of addressing HSR's concerns in the above captioned matter. HSR became involved in the Idaho Creek PUD more than a year ago, as indicated by the correspondence enclosed for your review. The attached correspondence includes a copy of HSR's Notice of Right to Use Surface of Lands filed in Weld County on July 27, 1999. In addition to owning all rights to development at the oil and gas estate, HSR owns certain easement rights within Section 10. Please be advised that a surface use agreement has nor been agreed to by the surface owners and HSR. As indicated in the enclosed correspondence, a Letter Agreement concerning future accommodation of surface and mineral use was entered into on August 31, 1999. Unfortunately, the surface use agreement called for in the Lencr Agreement, which provided for drilling locations within the PUD or for directional drilling from outside locations, has not been executed. Under the Letter Agreement, the panics are free to proceed with their respective development rights in the absence of an agreement, although HSR prefers to reach an agreement that accommodates surface and mineral development. HSR still intends to conduct drilling operations to develop its oil and gas rights in the above captioned lands at the standard locations contemplated under Rule 318A of the Colorado Oil and Gas Conservation Commission. �� #342300v2 Decembar 12,2000 02-25pm Dustin M.Ammons . 303 892 7488 . o until ammons@rtgslavycom (4. I 1550 Seventeenth Street • Suite 500 • Denver.Colorado 60202 • 303 892 9400 • fax 303 893 13,9 € EXHIBIT www dgslaw.com u 4 DP,C-12-00 03:26PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.03/08 F-693 December 12, 2000 Page 2 HSR requests that approval of the Site Specific Development Plan be conditioned upon recognition of HSR's rights to drill within the locations allowed by the Colorado Oil and Gas Conservation Commission and ensures that HSR's rights will be protected. A copy of the allowable drilling locations in Section 10 is attached for your review. Should you have any questions concerning HSR's rights in and to the above captioned lands, please do not hesitate to call Mel Stahl of HSR at(303) 296-3600. Very trulyyours, Dustin M. Ammons for DAVIS, GRAHAM & STUBBS LLP DMA/jw Enclosures cc: J. Wason and M. Stahl of HS Resources Lee Morrison - Asst. Cty. Any. (w/encs., via facsimile) DEc-12-00 03:26Pµ FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.04/08 F-693 HS RESOURCES, INC. 1999 BROADWAY, SMITE 3600 DENVER, COLORADO 80202 (303? 296.3600 FACSIMILE (303) 296.3601 August 31, 1999 Weld County Commissioners 1555 North 17°i Avenue Greeley, CO 80631 Via Facsimile Re: Idaho Creek PUD Township 2 North, Range 68 West, Section 10: E/2NW/4, W/2NE/4 Weld County, Colorado Ladies and Gentlemen: HS Resources,Inc. ("HSR")owns all rights to development of the oil and natural gas estate under the proposed PUD. HSR, Carlson Associates Inc., and the Mountain Empire Dairyman's Association, Inc. have entered into a Letter Agreement that provides for the development of the mineral reserves underlying the Planned Unit Development("PUD"). HSR has no objections to the rezoning of the lands within the PUD. Very truly yours, 1-iS RESOURCES, INC. V' Melvin R Stahl Landman CC: Ben Patton Ryan Carlson DEC-12-00 03:2TPM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.05/08 F-693 r HS RESOURCES, INC. '999 AROADWAY, suite 3600 DENVER, COLORADO 80202 (303) 296-3600 FACSIMILE (303) 296-360' August24, 1999 Mountain Empire Dairyman's Association, Inc. do Western Dairyman Coop PO Box 26427 Salt Lake City,Utah 84115 Carlson Associates 12460 1"Street Eastlake,Colorado 80614 Re: Notice of Intent to Conduct Surface Operations HSR Carlson 6-10 well and HSR Carlson 7-10 well Township 2 Noah. Range 68 West Section 10:SE/4NW/4 and SW/4NE/4 Weld County,Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission(COGCC)has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty(30)days prior to drilling an oil and gas well. HS Resources,Inc.(HSR)intends to begin operations to drill the above captioned oil and gas wells upon receipt of permits from the COGCC during the month of September, 1999. As the surface owner, it is your responsibility to notify the tenant farmer,if applicable,of these proposed operations A brochure is available upon request from the COGCC, 1120 Lincoln Street,Suite 801,Denver, CO 80203 describing surface owner rights and responsibilities. Should you have any questions and/or concerns,please contact our office. Very truly yours, RS RESOURCES.INC. I Y L- (L-C irkk Melvin R.Stahl Landman Enclosures cc:Marvin Dyer,Dyer Realty Ben Patton,Weld County Planning /'` DEc-12-00 03:27PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.06/08 F-693 111111111111111111111111III! liii 11111 III 011111111Ui 2709432 07/27/1988 08:S_. Mold County CO 1 of 2 R 10.00 D 0.00 JR Suki Taukiototo NOTICE OF RIGHT TO USE SURFACE OF LANDS 4/19 THE UNDERSIGNED,James P. Wason, as Denver Basin Land Supervisor, of HS RESOURCES, INC., a Delaware corporation ("HSR"), whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202, on behalf of HSR, states as follows: HSR is the owner of or has the right to an undivided interest in those certain Oil and Gas Leases described on Exhibit "A", attached hereto and made a part hereof, such leases recorded in the records of the office of the Weld County Clerk and Recorder,as may be amended, (hereinafter referred CO as the"Oil and Gas Leases"). The undersigned is familiar with the terms and conditions of the Oil and Gas Leases and hereby confirms such as a valid and subsisting Oil and Gas Leases which have been extended beyond their primary term by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the Oil and Oas Leases or lands which have been pooled or unitized therewith. HSR, its agents, employees, designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described below for the purpose of, among other things, DRILLING OR COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR THE PRODUCTION OR TRANSPORTATION OF OIL, GAS, OR OTHER HYDROCARBONS OR PRODUCTS ASSOCIATED WITH THE FOREGOING INCLUDING,BUT NOT LIMITED TO,SURFACE USE, INGRESS TO, EGRESS FROM, AND CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, AND MONITORING OF WELLS, LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, WELLHEAD EQUIPMENT, SEPARATORS, TANK BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE INTERCONNECTIONS, AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY USES OF LAND RELATED TO SAID OPERATIONS OR ACTIVITIES, ALL OF SUCH SURFACE USES ARE SUBJECT TO THE TERMS SET FORTH IN THE OIL AND GAS LEASES, AT LOCATIONS DESCRIBED ON EXHIBIT"A" . NOTICE is hereby provided to all interested parties, including any surface owners, their heirs,assigns and successors-in-interest that HSR has an ongoing right to use the surface of the lands described above for any use allowed by the Oil and Gas Leases now or at some future date. This notice is intended CO remain in force for as long as the Oil and Gas Leases, or any extension or renewal thereof remains in effect as to the above described lands or any portion thereof. However, nothing herein contained shall be construed to limit the rights or enlarge the obligations of HSR or any other party owning an interest in said lands or Oil and Gas Leases. Further; this notice shall not be construed to modify or disclaim any interest HSR or any other party may have in any other valid lease or leases which along with the Oil and Gas Leases may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. HS RESOURC C. By: aX Jams '. ason 1.97 nve Basin STATE OF COLORADO Land Supervisor )SS CITY AND CC NTY OF DENVER ) ttt L ,.y ;y The ',,,Fe,ving ins;r.,,,c.;:was acknowicdgcd before me this itt day of June, 1999, by James P. ;;son,:as.ESdfiver Basin Land Supervisor of HS Resources, Inc.,a Delaware corporation. ESS`hty hand and official seal. >,. - ;dry Publ My Commission expires: 3— H;/Group/Land/FonnsMotice of Right TO Use Surface of Lands.doc 2c— ( % w- l0 ) ) ) O • N O O EXHIBIT"A" Attached hereto and made a part hereof the Notice of Right to Use Surface of Lands N N— eismalral 10011 Weld County,Colorado xi m= -J— c Lease Number Less "name Lessee Name Lease Date Description Recording Information g ia. is. 32 Oa tan a CO.2973-00 J. P. �amenisch and Mary John H. Hill July 8, 1972 Township 2 North,Range 68 West,6th P.M. Book 673 Reception 1595014 m = Camenisch,his wife Section 10: W/2NE/4 as. 03 �.. m a � Co, _ N M IL-TWA CO-2809-01 David E. Camenisch and wife, Amoco Production July 8, 1972 Township 2 North,Ranee 68 West. 6th P.M. Book 674 Reception 1595713 M nINS om. Gloria F. Camenisch Company Section 10: W/2NE/4 IMO 14 a r s a g0011•1 CO-3043-01 J. P. Camenisch and Mary M. Pan American December 31, 1970 Township 2 North,Range 68 West,6th P.M. Book 640 Reception 1562238 Nal m aim co Camenisch Petroleum Section 10: E/2NW/4 — Corporation a Page I of I DEC-12-00 03:28PM FROM-DAVIS, GRAHAM & STUBBS 3038931319 T-098 P.08/08 F-693 EXHIBIT A Colorado Oil and Gas Conservation Commission GREATER WATTENBERG AREA Special Well Location Rule 318 A r r , Js, C4:- 1 ,�Fl• ' 3 1 r !! i 1:w ��iy1,11 11 f. F .•i mr^IYT�?!MJW1 I'A7r {,I • i J ,_� 1. . ' ` .?•‘;',... • ,I:, i., rt • J `M J i r d J M1y 4t v1 ! {'1't tlla, • Ii. S 7 ,7 , +•4 ' e y . r,,tort,. Y .',X ',0`, r t yl,M 6 C' may,' v , }{'.: 1 ?4.7 ly t: 1^ • a r " la( !, rl " tY". ., .l) - f. 1{ I• ! t,ci r al Y 'r' !y r,f I � '` • t + lw. A �? tic, ' r .� . 1 � I ' rlylrnr;� I e11' t ¢ � a� „ +r: r riA {2 r lr; M1.,.. g 1.:,a....\r#•;71••-•;F ,r ;it,' rr' i • l. 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'; 1 I r f I i Y • • • '„ J r file'',. ljr.7 u, ,l ".+1f,,,. n a_ . 9x.11 : t , I '. 1 1 1 .1' 7�1 ' ' .'. ,.• i r, , vl�r •lr i�• (: `• • • ':/el • 1 Oi� .r''')';';;•1l r�� yv 1 , a 1#� • • Ar- 1,11.• r' {wF rt 9i.�' J: i, • J �I,t 7. r 'x14`1' l , �+1l �l't IA. rI, 1 -A . ! k ' • If kF J awr " 8tl0 ? ar tl '•70;;;;;,..••441 Vi!'Al,- p.Y w'k' 1 1, wt) r:• k:!::‘''''' '! I' CI .. r? p5{r 77• 470 • I !. rap r lr' t ..r. j I .,,v'-'q' l. � ...i TT' '' ' • '�. r ` 4rYr.to ,‘,....t.,. . ." ° • I 'J,ll.' F.. I' . . n ‘.4-', -L.A. !.. t `• i �t'#'1liiir pip ' 1 fA• R + . 1 1 `' LKt `�. J �yr, �',.: 11.l f r.r • ^' i . ;1;•••• ?rp-O 400' x 400' (''''`� Soc._ - T_N - RW BOO' x aao' IV N ' aqua 'aq 1. 100w • Weld County Referral •Q September 11 , 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Kent Carlson/ Idaho Creek Case Number S-554 Subdivision Please Reply By October 3, 2000 Planner Monica Daniels-Mika Project Planned Unit Development Final Plat located in the Mixed Use Development Area Legal NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/8 mile east of WCR 7 and 1/8 mile south of State Hwy 119 Parcel Number 1313 10 000063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Board of County Commissioner's Hearing: October 18, 2000 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: C& . cjce..+\ 5 ‘kci on ‘co s c e s- oS oo e `lc c ec 4 v,v.nIy.T \, neirics US.L. O—v.1) { Q )r) • Signature Date 1k-to-Do Agency \)cG.., Sad\-% ( ,atc:c4- +Weld County Planning Dept. 4,1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax EXHIBIT Sittig cld County Planning Dept. a MEMORANDUM ; c. 2000 r #0° arili TO: Monica Daniels-Mike DATE:ractmer-A rg.200Bv I ' Director of Planning Services DeFROM: Diane Houghtaling, P.E., Traffic Engineer viCA SUBJECT: S-554: Idaho Creek PUD COLORADO The Weld County Public Works Department has reviewed this PUD Final Plan request. COMMENTS: External Roadways: WCR 7.5 is designated as a major arterial roadway in the MUD plan. Major arterials require a minimum 110 foot right-of-way. Sufficient right-of-way is shown on the plat. The typical section of WCR 7.5 was not included. The alignment of the median is confusing. The developer should meet with the Public Works Department to discuss the median alignment. I understand that the Board of County Commissioners has previously agreed to postpone the construction of the west half of WCR 7.5. This is contrary to the MUD and Subdivision Regulations. The developer should construct all internal subdivision roadways to the ultimate section. WCR 7.5 is not an external roadway and should be constructed full width at this time. Intersection sight distance triangles shall be shown on the plat. All landscaping in the intersection sight distance triangles must be less than 3.5 feet high at maturity. Several improvements were required at the intersection of State Highway 119 and WCR 7.5. Plans will need to be submitted for these improvements. Internal Roadways: The right-of-way for internal roadways must be dedicated to the County. Please label the right-of-way �m all streets. Stop signs and street name signs will be required at all intersections. Is a pedestrian signal warranted at the future school? Is that part of this project? The necessary conduits should be on the plans. Storm Water: The detention calculations are confusing. The engineer should meet with the Public Works Department to discuss the calculations. Weld County will accept maintenance of the storm sewer system, after the approval of the roadway and drainage plans. Please provide a computer file of the storm sewer layout in an Autocad or GIS format. Improvements Agreement: See memo by Donald Carroll. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ Typical sections for the internal and external roadways shall be provided. The required right-of-way for internal and external roadways shall be dedicated to the County. ❑ WCR 7.5 be constructed to conform to the MUD and Subdivision Regulations. ❑ A stop sign and street name sign shall be placed at the intersection. The pedestrian signal facilities shall be installed. ❑ The proposed improvements at State Highway 119 shall be included in the plan and bonded. ❑ Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. ❑ The drainage study shall be revised and resubmitted for review. Weld County agrees to maintain the storm sewer system, after approval of the roadway and drainage plans. J 14• EXHIBIT If you have any questions, please call. rp pc: S-554 545Sy WCR 7.5 M:\WPFILES\diane\DEVELOPMENT\s-554.wpd Weld County Referral III lige September 20, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Hoshiko Farms Inc. Case Number Z-552 Please Reply By October 10, 2000 Planner Monica Daniels-Mika Project Change of Zone from A (Agricultural)to 1-3 (Industrial). Legal SE4 of the NW4 of Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 66; east of and adjacent to State Hwy 85 . Parcel Number 0803 29 000079; 80; and 91 b The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) December 5, 2000 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: 0(,ACCO,,l-r kt S Signature I \ tiil t)\"itl-I 1 Date /( �,,-,� Agency 1.0e- b F1tE III Weld County Planni,lg Cep, +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 9(970)30'-6498OCT 1a( 2000 ( 4EXHIBIT 1 Q gar S*ssq n r lillit DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 Wig C. WELD COUNTY G ADMINISTRATIVE 5 N.17TH AVO ENUE COLORADO November 14, 2000 Mr. Kent Carlson 12460 1 t Street Eastlake, Colorado 80614 RE: Idaho Creek, Final Plat r Dear Mr. Carlson: I want to take the opportunity to follow up on a request for design changes for Idaho Creek. Particularly, information demonstrating that the proposed lots meet the setbacks and bulk requirements of the R1- Zone district. As we discussed, I do not need to see building envelopes defined on each lot, rather a basic lot layout on the various lot sizes will be adequate. I believe you are well aware of my concerns associated with the proposed oil and gas setback. Mr. Scott Carlson, has suggested a modification to the plat concerning this issue, and I am anticipating this change, however, I would appreciate seeing Scott's suggested alternative. Additionally, as you have had ample time to review referral comments, have you chosen to meet with referral agencies other than Colorado Department of Transportation (CDOT) to discuss these concerns. If so, I would welcome the chance to review this new information. I am particularly concerned with the proposed status of the roadways, Weld County Sheriffs Office concerns, and St. Vrain Valley School requirements in flood plain. As we discussed, are you still proposing to submit additional information concerning the school site alternative use. This change may necessitate the need for a re-review by these referral agencies. In order to maintain the scheduled hearing dated, December 13, 2000, I need to have all available information to prepare staff comments, and allow additional review time by others if necessary. I look forward to hearing from you soon. I may be reached at the above address and phone number. Sincerely, r" Monic Daniels-Mika, A.I.C.P. Director 4 EX1^HIBIT MDM/vh I . mdm108 S 4t Lj 1$60t41W MEMORANDUM Wi`l C. To: File Z-524 COLORADO From: Monica Daniels-Mika, Director Subject: Final Plat meeting for Idaho Creek Date: April 14, 2000 I met with Ryan Carlson and Melinda J. Bartlett, esq. to discuss the application process for the final plat for Western Dairymen / Idaho Creek. According to the resolution by the Board of County Commissioners, this case will need to go back to the Board for the final review. We discussed the process and the applicant feels comfortable with that. I did bring it to the applicants attention that according to Section 3 on page 5 of the resolution, there were several issues that the applicant needed to supply to the Department of Planning prior to applying for the final plat . More specifically, those items are delineated in 3A through 3H of the resolution. We discussed the Board of County Commissioners policy that availability of water is interpreted to have an actual tap. The final plat application also was conditioned to include a roads improvements agreement for on and off site as well as a commitment letter for St. Vrain Sanitation District. The school issue as proposed at the Change of Zone appears to have been unresolved and the applicant does need to provide evidence that St. Vrain School District will be satisfied with the 10 acre parcel. We further brain stormed and discussed the plat as proposed at the Change of Zone. I informed the applicants they would be held responsible for adhering to the Transportation Road Impact Fee, as well as being responsible for providing assurity that oil and gas issues on the site have been maintained and that the Department of Planning Services would follow through with the recommendation of approval for a 350 foot separation area between oil and gas facilities and any residential construction. The applicant said he was somewhat concerned with this condition as this condition will dictate a redesign of what was approved at the Change of Zone. I told him he had the opportunity to apply a different condition and that planning staff would be making the recommendation for 350 feet. Additionally I did remind the applicant that the issue of off site transportation as well as transportation between both components of the subdivision, and whether or not the pedestrian or vehicular issue have not been hammered out, and that it is highly probable that both the planning department as well as public works would have several comments and concerns. We further talked in length about flood plain issues and I let the applicant know that we would be sending this to the state for their review, and we would need to adhere to any review and concerns particularly because of the straight zero rise proposal of the existing flood plain. The applicant suggested that they would be able to meet the above mentioned issues, and they were fully aware of what they needed to do. I did tell the applicant that according to our rules they have 60 days from the time of complete application to be heard by the Board of County Commissioners. The applicant believes that they will be bringing this application in the end of May first of June. r EXN1■ dIT SERVICE,TEAMWORK,INTEGRITY,QUALITY S-45541 "Idaho Creek" PUD -Specific Development Guide- 2001-0653 r EXHIBIT 5455y "Idaho Creek P.U.D." -Specific Guide- Introduction: Idaho Creek is to be a"Planned Unit Development" in the I-25 M.U.D. The property encompasses approximately 100 acres. Fifty percent (50%) of the property is to be developed for single family residential detached homes. The remaining fifty- percent(50%) will be utilized as open space and for a potential school site. The homes will be built"on-site"by Kaufman and Broad. The Homes will be priced between $95,000 to $140,000 and range in size from 870 to 1,600 square feet with a standard garage. L Environmental Impacts A. Noise and Vibration Idaho Creek is bordered on the East by a Mobile Home Park, on the North by the Milky Way Business Park, on the South by farmland and on the West by wetlands and flood plain. General construction of Idaho Creek will occur primarily during the normal working and daytime hours. This will thus minimize the effect noise and vibration will have on the residents of the Mobile Home Park. The effect on the Milky Way Business Park is negligible since Milky Way will also be under commercial construction at the same time Kaufman and Broad will be constructing homes at Idaho Creek. The most intensive amount of noise and vibration produced from Idaho Creek will occur during the grading and infrastructure placement phase of the project. This phase will begin soon after Final Plan approval. Actual construction of the homes will not exceed normal noise and vibration factors for similar developments and again will be limited to daytime hours. B. Smoke, dust and Odors The type of residential development proposed for Idaho Creek does not have smoke associated as a by product of the systems of construction to be employed. There shall not be any noxious odors expelled as a result of residential construction at Idaho Creek. In order to minimize the effect of blown dust that residential developments inevitably create, the builder will periodically spray water and organic solutions on areas that are most susceptible to create windblown dust. C. Heat, Light and Glare The machinery used for construction of the streets and infrastructure may cause a certain amount of excess heat in the immediate area for a limited period of time. Asphalt, by nature of its properties and color, will also create excess heat. However, the levels of heat shall not exceed typical developments. Most construction activity will be during the daylight hours and thus the need for lighting is minimal except for security purposes. Idaho Creek is situated in such a position that daytime glare will not effect motorists traveling on Highway 119. The Milky Way Business Park creates a buffer between Idaho Creek and Highway 119. Most of the materials used in residential construction do not produce an intensive glare. Street lighting within Idaho Creek will not create a nuisance to motorists on Highway 119 due to the property's distance from the Highway. In addition, the Business Park creates a buffer between Idaho Creek and the Highway. D. Visual/Aesthetic Impacts Idaho Creek is currently a vacant, farmed property. The visual effect of the property will begin to change following the approval of the Final Plan. The crops will be graded down and the infrastructure process will start. The property is relatively level and thus the amount of earthwork will be minimal compared to more topographically challenged properties. The homes to be built at Idaho Creek will be constructed in"earth tone" colors that will be aesthetically pleasing and blend with the general area. The other component of Idaho Creek is the extensive open space area. Idaho Creek will have approximately 50 acres of open space area dedicated to preserving the unique Eco-systems and wetlands that exist within the Idaho Creek development. The areas will be improved and maintained to enhance the visual appeal of the property. E. Electrical Interference During construction of Idaho Creek only typical cellular phones and construction radios will be employed as communication devices by Kaufman and Broad. There will not be any types of microwave antennas or like products erected on the property that might create interference. 2 F. Water Pollution The homes constructed at Idaho Creek will not contain basements and thus there will be no direct contract or pathways created to the water table below the surface. Extremely hazardous substances will not be allowed on the premises and all construction materials will be deposed of properly to mitigate the risk of seepage into the ground water or the wetland areas. G. Waste Water Disposal Idaho Creek will be developed so that five (5)year stormwater runoff will run through the streets where capable and also through the placement of storm inlets and pipes where the stormwater exceeds the allowable capacity. The one hundred-(100)year runoff will be contained within the street right- of-way and with some discharge overland towards the Northwest along the easement for the sanitary sewer, walking path and drainage easement. The walking path shall be utilized as a channel for runoff. Idaho Creek will also be engineered to so that storm water will also drain into the series of lakes on the western portion of the property. Studies show that the lakes have adequate capacity to handle such runoff. (See also Drainage Study) H. Wetland Removal The wetlands contained within Idaho Creek will not be removed, but rather the wetlands and open space areas will be enhanced, planned and left in their nature state to take full advantage of their uniqueness. L Erosion and Sedimentation Kaufman and Broad shall take precautionary measures to ensure that there is not an excessive amount of erosion. In order to mitigate such erosion, the builder will frequently "wet"the ground and spray it with an organic solution during the street and infrastructure development. The Idaho Creek property does not contain much topography, and it is the best interest of the developer and builder of the project to reduce any erosion so as not to incur any unnecessary costs towards the import of fill. Sedimentation that may occur during periods of rain and storm will be graded back into the property. Excess sediment shall not be swept into the rural ditch due to the fact that the property will be engineered to drain away from the ditch to the northwest. 3 J. Excavating,Filling and Grading Minimal excavating will be done at Idaho Creek due to the type of product to be built. The homes will not have basements as a standard or optional item for the homebuyer's. All excess soil that is excavated will be efficiently used on another portion of the development. Any filling will also be minimal. The builder will backlill and compact the soil on all homes. Grading will occur according to the Grading Plan engineered by Pickett Engineering and to be approved by the Weld County staff. All lots within Idaho Creek will be have a rough grade and a final grade to ensure proper drainage of all lots. (See also Grading Plan) K. Drilling, Ditching and Dredging The development of Idaho Creek will not require any drilling, ditching or dredging. There is not any reason for a residential subdivision of this type to be developed by including such practices. L. Air Pollution Idaho Creek will be residential neighborhood that will not expel an unusual amount of air pollution above that which is common in such neighborhoods. In fact, it shall be against the covenants recorded for the development for any homeowner to use and/or install a wood burning stove or fireplace. All fireplaces shall be fueled by natural gas. M. Solid Waste All solid waste produced by construction and development of the homes at Idaho Creek will put into trash bins and carried out at least bi-weekly. The homeowners at Idaho Creek will have the option to have trash collected by a collection company and taken to a local landfill. It shall be against the covenants at Idaho Creek to have excess trash in the driveways and around the homes. N. Wildlife Removal The portion of the property that is to be developed for homes is currently cultivated for corn. This portion of the property does not contain permanent wildlife species due to its current use. The portion of the property that is to be dedicated as open space does have permanent flora and fauna. These areas will not disturbed or destroyed. All such wildlife will not be removed from the open space areas. (See also Environmental Letter Exhibit"F") 4 0. Natural Vegetation Removal The natural vegetation on the property is contained within the areas designated as open space and along the rural ditch on the eastern side of the property. The only vegetation to be removed will be natural grass along or within these areas for the construction of gravel trails, playground equipment and park benches. All other vegetation will be left in its natural state. P. Radiation/Radioactive Material Idaho Creek will be developed and built without the use of any radioactive type of materials. There shall not be a threat of Radon gas in the homes themselves, due to the fact that all homes will not have basements. 5 H. Service Provision Impacts A. Schools Idaho Creek at full build-out will produce 264 students into the St. Vrain Valley School District RE-1J. Students will initially attend Mead Elementary School, Mead Middle School and Skyline High School. This development will not significantly impact the High School, but will impact the Elementary School and the Middle School. In order to compensate for the growth expected within the M.U.D., the County, School District and developers are assessing areas which would be strategic elementary and middle school sites within the M.U.D. The students generated from Idaho Creek would attend these new schools. The developers of Idaho Creek have designated the southwest corner of the property as a potential site for an elementary school. A school at this site would be beneficial to the residents of Idaho Creek, neighboring subdivisions and in relieving the over crowding at the Mead schools. A school at this site would also be very unique in that the students, parents and faculty could take full advantage of the extensive open space areas within Idaho Creek as an educational tool. (See also School District Letter Exhibit "G„) If required,the developer will adhere to the existing cash-in-lieu schedule provided by the St.Vrain Valley School District. B. Law Enforcement Law enforcement and protection will be provided by the Weld County Sheriff's Office. The Sheriff's department is aware of the impending future residential development in the M.U.D. and will make provisions to adequately service the area. C. Fire Protection Fire protection for Idaho Creek will be provided through the Mountain View Fire Protection District. The developer will comply with all requirements of the Fire District for residential subdivisions. Some of the requirements are listed below: 1) Kaufman and Broad will build according to the 1994 uniform Building Code. 2) The minimum fire flow will be 1,000 gallons per minute at a residual pressure of 20 pounds per square inch. 3) Fire hydrants will be spaced within 500 feet of each other and a hydrant will be placed within 250 feet of the front property line of all lots. 6 4) Access to the project will be primarily through Weld County 7.5. However, an emergency access easement exists through the Milky Way Business Park to the north. This access will also be utilized for the Idaho Creek subdivision should an emergency situation warrant a secondary access. (See also Water Plan map, in the right hand corner for the 20' easement). 5) Standard street signs will be used for the development. 6) Address numbers will be placed in a visible position on all dwelling units. D. Ambulance AMR ambulance will provide emergency transportation service for Idaho Creek. E. Transportation Idaho Creek will be accessed off of Highway 119 and through County Road 7.5. CR 7.5 will be a major arterial dedicated as a 110-foot right of way with a raised medium. The developer shall improve half of CR 7.5 from the southern boundary line of the Milky Way Business Park to the southern Idaho Creek boundary. The county shall be responsible for the remaining construction of 7.5 when growth in the M.U.D. warrants expansion. The homes can be accessed from either CR 7.5 at an intersection that is planned on the western side of the property or through an access on the north side of the property through the Milky Way Business Park. Both of these respective streets will be local streets with sixty(60) feet of right of way. These local streets will have 6' detached sidewalks with landscaping in between the gutter and the sidewalk. Both local streets lead into a central point of the property near the tot lot/playground. All other streets at this point are"local" in type and function. All local streets will be 60 foot right of ways. All"arterial,"and"local" streets will be designed and built according to Weld County Ordinance 191 "Development Standards" Section 2.7. All streets will be publicly dedicated. The roads shall all be engineered in structural capacity according to the"Guide for Design of Pavement Structures." Copies of an improvements agreement for road improvements has been submitted to the County with this submittal. 7 F. Traffic Analysis Completed by traffic engineers and included in this submittal for Change of Zone. G. Storm Drainage Completed by Pickett Engineering and included in this submittal for Change of Zone. H. Utility Provisions ICN Energy will supply Idaho Creek with gas service. United power will supply Idaho Creek with electrical service. US West will supply Idaho Creek with Phone service. Letters of service from each applicable provider is included within this submittal as Exhibit's A,B and C respectively. I. Water Provisions Idaho Creek will obtain water service via an existing 8" line currently within the Business Park and the extension of a 12"line North along CR 7 and East to Idaho Creek. These lines will be looped through the development and stubbed at the South end of CR 7.5 for future development. All homes will be connected to an individual water tap. Left Hand Water District will supply Idaho Creek with water service. A Commitment Letter from Left Hand Water District has been attached as Exhibit"D." (See also Water Plan Map) J. Sewer Disposal Provisions Sewer lines will be looped through Idaho Creek and stubbed at the South end of CR 7.5 for future development. The property has enough slope from East to West to allow for gravity transmission to the Northwest corner of the property. From there,the sewer line will be extended to the Lift Station at CR 7 and Highway 119. All homes at Idaho Creek will be connected to an individual sewer tap. St. Vrain Water and Sanitation District shall serve Idaho Creek for waste disposal purposes. A service letter from St. Vrain is included with this submittal as Exhibit"E."(See Also Water Plan Map) 8 III. Landscaping Elements A. Landscape Map A landscape map completed by Valerian Landscape Architects is included this submittal. B. Screening,Buffering Most lots and homes lying along the perimeter of Idaho Creek will be screened and/or buffered from surrounding land uses. The East side of the development will be buffered from the Mobile Home Park by a natural landscape tract,the rural ditch and regional trail. The West portion of the property will be screened from Weld County Road 7.5 by a landscape tract containing deciduous, shade and ornamental trees. The Northern portion of the property will be screened from the Milky Way Business Park by another landscape tract consisting of deciduous, shade and ornamental trees. To the South of Idaho Creek is farm and grazing property. This border will have a natural landscape tract of native grasses. In addition to the above mentioned screening and buffering techniques, the home builder shall construct and install a six(6) foot privacy fence around the perimeter the housing portion of the development. This fence shall be have 4x4 cedar posts, 1x4-cedar planks and contain three(3) 2x4 cedar rails per fence section. Homes bordering the centrally located park and tot lot area shall have installed a 4.5 foot,three-(3) split rail cedar fence. This fence shall only be installed on those portions of the property lines that are contiguous to the park. C. Maintenance Schedule Idaho Creek shall have a Homeowners Association that shall be responsible for collecting homeowner's dues to provide for maintenance, care and management of the landscape areas. A management company will be contracted by the HOA to provide for such maintenance of the landscape tracts. It shall be the responsibility of the HOA and the management to ensure that the landscaped areas are kept in proper condition. D. On-site Improvements Agreement A copy of the proposed agreement has been submitted to the County. Such agreement incorporates landscaping, park and open space installation. E. Evidence of Sufficient Water Left Hand water district shall supply sufficient water to maintain the irrigated landscape tracts. 9 IV. Site Design A. Unique Features Idaho Creek contains approximately 50% open space. The large open space area on the Western portion of the property contains a series of lakes that are intended to be a communal focal point of the neighborhood and the potential elementary school. These lakes contain a variety of species, flora and fauna. The uniqueness of the open space area will be incorporated and stressed into the overall concept of the project. It is the developers intention to create an"Outdoor Classroom"within the lake area. This "Classroom" will feature a trail system through the open space area, sifting benches for viewing and informational signs on the area. This"Classroom" should be not only a benefit to the neighborhood but also to the proposed elementary school and the school district in large. Along the Eastern edge of the property is an irrigation ditch. This ditch will provide a buffer between the Idaho Creek subdivision and the adjacent uses to the East. In addition, the developer is planning a soft trail with native plant species to run the length of the ditch. B. Consistency With Comprehensive Plan According to the Weld County Comprehensive Plan, the subject property is designated for residential development. Idaho Creek will primarily utilize residential uses along with open space areas and a school site. In regards to the goals the residential development from the Comprehensive plan, it is the developers intent that Idaho Creek will accomplish RGoal 1, and policies 1.-1.3. Idaho Creek is intended to be a more affordable housing community for which potential buyers are able to purchase a"site built"home on a lot, and pay the same amount for a mortgage as they would otherwise be paying for rent. Idaho Creek is also in a desirable area, with ample open space and recreational activities. The development is also within close proximity to I-25 and transportation centers. Due to Idaho Creek's location within the MUD, the development is being processed as a PUD. PUD Goal 2. Encourages creative approaches to land development. It is the developer's opinion that with 50%open space and educational opportunities due to the ecological nature of the pond and lakes area, that Idaho Creek will be a unique development that encompasses the surrounding environment into the neighborhood. Idaho Creek will satisfy PUD.Policy 4.2. by leaving the pond and lakes area in it's natural state, with the exception of minor improvements for walking to paths. Additional policies and goals of residential and PUD development will be met including;the fact that there are sufficient utilities to serve the property and that the Idaho Creek Development will "pay it's own way" (R.Goal 4 and PUD Goal 5). C. Compatibility Within Zone District Idaho Creek will encompass three(3)distinct uses; residential, open space and a school site. These uses will compliment one another within the development. The residential portions of the property will be located on the East side of Road 7.5,while most of the open space and the school site are located on the West side of road 7.5. It is the developer's opinion that a school site and the abundance of open space add to the appeal of the residential uses of the project. D. Compatibility With Surrounding Uses To the East of Idaho Creek is a Mobile Home Park. The mobile homes shall not conflict with the homes at Idaho Creek due to the residential nature of both uses. In addition,the two uses will be segregated by the Rural Ditch and the open space area contained therein. To the North of Idaho Creek is the Milky Way Business Park. It is the developer's opinion that Idaho Creek will not conflict with the Business Park,but rather these two properties will compliment each other to make a truly "mixed use" development. However,there shall be a landscaped buffer between the Business Park and Idaho Creek. To the South of Idaho Creek is current agricultural property. This property, according to the Comprehensive Plan, is desigiated for residential uses in the future. Idaho Creek will most likely be compatible to the future development on that property. To mitigate any conflicts between Idaho Creek and this property, there shall be a nature open space buffer between the two properties. As previously noted, most of the Western portion of Idaho Creek is Open Space area and will be left in its natural state. There shall not be any conflicts with this area of the property. E. Hazards Areas of the Western portion of Idaho Creek are within a Flood Plain. The Flood Plain is entirely contained West of road 7.5. All of the homes at Idaho Creek shall be built East of Road 7.5 and will not be located within the current Flood Plain. There does not exist any other geologic or overlay district issues at Idaho Creek. 11 V. Common Open Space 1. % Of Open Space Idaho Creek will contain 50%open space area. This exceeds the 20%MUD requirement for open space. 2. Ownership Idaho Creek will contain a Homeowner's Association that maintains and preserves all open space areas. Each homeowner shall be assessed either a monthly or yearly fee that will fund the maintenance and care of the open space and park area. If an individual homeowner fails to pay such fees, the HOA has the power to lien that individuals home. All open space areas will be dedicated to the County. All open space and park areas shall be constructed and improved in a cohesive manner in conjunction with the balance of the improvements to the development. 3. On Site Improvements Agreement Copies of the proposed on-site improvements agreement for the installation and maintenance of the open space and park areas has been submitted to the County for review. This agreement will be used in conjunction for the installation of landscaping as required by Paragraph III. D. 12 VL Signage All temporary and permanent signs at Idaho Creek will be constructed, designed and placed according to the requirements as set forth by the County,Public Works,the MUD and zoning regulations. Idaho Creek will have one permanent entrance sign on road 7.5 at the North entry. The sign will depict the name of the development. An illustration of the sign is located the second page of the Landscaping Plan. • 13 ^ VII. MUD Impact The Idaho Creek PUD is located within the I-25 MUD district. A legal description for the property has been included with this submittal as support. According to Map 2.1 of ordinance 191, all of Section 10 of Township 2 North of Range 68 West is located within the MUD, of which the subject property is located within. The Structural Land Use Plan of Ordinance 191 designates residential uses for the Eastern portion of Idaho Creek and has designated the Western Portion of Idaho Creek as "Limiting Site Factors." The developers of Idaho Creek have adhered to the land use designations for the property by planning for all residential development to occur East of Road 7.5 and leaving the majority of the Western portion of the property as open space and for a potential school site. In planning the Idaho Creek PUD, careful consideration has been given to the policies,goals and regulations of the Comprehensive Plan, Ordinances and Development Standards for the MUD. The following is a list of complying Development Standards for the Idaho Creek development: 1. The homes at Idaho Creek will not exceed maximum lot coverage ratios for residential uses. 2. Idaho Creek will exceed Common Open Space requirements. 3. All roads and streets comply with the Transportation guidelines. 4. The Open Space and Rural Ditch area will employ trail systems (MUD.TGoal2). 5. Idaho Creek will be a community with a potential School Site (MUD.PGoal3). 6. The developer is willing to pay for utility line extension fees and cash- in-lieu fees for services. 7. Idaho Creek will promote home owning opportunities to potential buyers who may not otherwise be able to purchase a house due to rising housing costs. Idaho Creek is intended to be a well planned community, implementing natural areas and open space into a cohesive development that is affordable to broader range of potential homeowners from varying socio-economic classifications. 14 VIII. IGA's It has been determined that the Idaho Creek PUD does not exist within an IGA area. Section 10 of the MUD is not affected by any agreements with Frederick,Firestone,Dacona or Longmont. 15 .- � DEPARTMENT OF PLANNING SERVICES ig PHONE (970) 353-6100, EXT.3540 igl FAX (970) 304-6498 C. WELD COUN ADMINISTRATIVE EILEY55 N. 17TH AVENUE GRE COLORADO • November 30, 2000 Mr. Ryan Carlson P.O. Box 247 Eastlake, CO 80614 RE: Idaho Creek Dear Mr. Carlson: I wrote to you on November 14, 2000 concerning the need to obtain additional information concerning your proposed final plat. I have placed several calls to yourself and one to Scott and have not had a response to my request for more information. As the proposed hearing is two weeks away I must receive the requested information immediately. In addition to the information listed in my November 14, 2000 letter, I am still waiting to receive the information concerning the utility modification as accepted and promised to the Utility Board. I should not have to remind you that it is not my responsibility to ask you multiple times to supply reasonable information. Should I not hear from you by December 6, 2000, I will assume you would like this case to be presented to the Board of County Commissioners with the information presently available in your file. I look forward to an expedient reply. I may be reached at the above address and phone number. Sincerely, Monica Daniels-Mika, A.I.C.P. Director, Planning Services cc: Kent Carlson, Weld County Sheriffs Department Weld County Attorney's Office Weld County Public Works File MDM/vh„3 4 EXHIBIT u Sassy ) ) ‘) w.�� wile* y��''1!�''1[�e I M ...., . wMr_MI�W M•O�IW • GR..VIIC SIIL I I R ! T gihass.;I - slita—..s_w +rrrw1_r 1t i-'si-c-.rI .Ir. la.____ 0 ' / ` T "p IIxsxSxx �L�1�r .I rildi u fig• ' o �OO,. 000'DIF0�1' LA0R10070� �t al I ,.. o�° ��04e�ednl 40161 0 alt M lE a: g li .( 'O�i Oj�OOc ps.aasi z. ( a i....-.s.n �� i� v" aalek4 � 000vo 4oa000� frii rot I y �pH, Hv%o� ys�0�a6eo eeebee��ec; .�°t if .. /\. 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I �. raw. i L oia son PO 30, 217 Weld County Planning Dept. 12460 1st Sheet Eastlake, Colorado 80614 JAN 19 2001 O"icy 30 3 _'166 Fax: 303,280 2978 RECEIVED January 17,2001 Weld County Planning Department Attn: Monica Daniels 1555 North 17th Street Greeley, Co. 80631 Dear Monica, I have enclosed a copy of the Idaho Creek Plan that details the area around the gas well with berming and plantings. As you can see from the plan, we will do some landscaping on the lot across the street also. I've also included some cross-sectional details for you. On a side note, we have made progress with CDOT,Diane Haughtaling, and the Sheriffs Department. I will also be meeting with the St. Vrain School District next week to discuss the school site issues. I think we should plan to have another meeting with you before the end of the month to discuss Idaho Creek and where we stand with everything. Please look at your schedule and let me know what would be a good time for you. Thank you for your time and consideration on this project. Sincerely, Jr Ryan C rlson Li EXHIBIT V S 554e Q t ' l t) 1 . ), ` ,` cel l 3' TALL BERM �1*i jr► .r 1 � y. CURB ► 111 =11�11�111-1� 5' WALK �� i._�-' �C I I �11=1 11-11�I I � = =1I ..� — N � 7 e=ire? Di 1 1HIE-7611i t l l I I 11_ t I H I l 1=11=-1-I I -I III-1111Ii7 71 HE-11 =W-=W It CO SECTION OF BERMED AREA Jan 18 01 02: 48p Valerian (303) 347-9381 p. 2 } a ' c t 0 1`r • • • fl / 1\ la• till • `‘ AlmCopy PUBLIC WORKS DEPARTMENT 1111 H STREET WI I P C P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us COLORADO PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 Weld County Planning Dept. January 30, 2001 JAN 312001 Mr. Ryan Carlson Carlson Associates, Inc. RECEIVED 12460 1St Street Eastlake, CO 80614-0247 Dear Mr. Carlson: I have reviewed the revised traffic study for the Idaho Creek Subdivision. I believe the study very adequately addressed most of my concerns about the traffic impacts of this development. As we discussed at our meeting on January 16, 2001, I still have a few concerns. For the record, the concerns are as follows: 1. The study did not address the effect on background volumes resulting from the completion of WCR 7.5 2. With a school on the opposite side of a major arterial, consideration should be made for a future pedestrian signal. 3. Has CDOT agreed to lower the design speed on State Highway(SH) 119? If the design speeds are not lowered, are the existing acceleration/deceleration lanes adequate? 4. Since the Western Dairyman site is not going to build out by 2002, will the signal still be warranted? You have agreed to supplement the report to address these issues. In addition, you brought several questions of your own to the meeting. I was unable to answer those questions at that time. I have brought these issues to the attention of the Director of Public Works. For the record, I will restate the concern, and then give the director's response. 1. The left turn storage for northbound to westbound traffic at the WCR 7.5/SH 119 intersection is not sufficient. Will Weld County allow a variance to the requirement? As a short-term solution, the painted median should contain 150' of storage on the north end, a 100' taper, and 50' of storage on the south end at the bank. As part of the signal installation the median will be required to extend to the southern drive. Sufficient storage will be provided at that time. EXHIBIT ) 2001-0654 W S#ssy 2. The residential driveway on the north side of SH 119 and the Waffle House driveway interferes with the design of the westbound to southbound turn lane. These driveways are under the control of CDOT. We can require it be removed only as the result of a subdivision process. We presently have a sketch plan for the development of the property directly north and will require WCR 7.5 to continue to the north and all existing residential driveways be eliminated as part of that development. The Waffle House driveway can only be removed by CDOT. We don't want the access to the proposed arterial at WCR 7.5 to be under-designed to accommodate a restaurant, but we will comply with whatever CDOT access requirements are made. Finally, for the record, the Public Works Department will request construction of the full roadway section for WCR 7.5 through your development. It has always been the policy inside the MUD that the internal roadways are completed by the developer. Sincerely, 7) 72fi;% Diane m. Houghtaling, P.E. Traffic Engineer pc: S-460 SH 119 WCR 7.5 cc: Alex J. Ariniello, LSC Transportation. Consultants Tess Jones, CDOT-Greeley Monica Daniels-Mika, Weld County Planning M:\WPFILES\diane\DEVELOPMEN\s-460.wpd . . c1RLson P.O. Box 241 12460 1st Street Eastlake, Colorado 80614 Office: 303/457-2966 Fax: 303/280-2978 February 20, 2001 • Ms. Diane Haughtaling Weld County Public Works Department 1111 'H' Street Greeley, CO 80632 Re: Construction of WCR 7.5 Dear Diane: During the processing of the "Change of Zone" for the Idaho Creek Subdivision, the County Commissioners granted the right to build one-half of WCR 7.5 as shown on the attached Exhibit A. The one-half roadway did not include any portion of the median,nor did it anticipate any construction to the existing half of WCR 7.5 lying north of our property. The Weld County Public Works Department has again requested that we construct a full section for WCR 7.5. This letter shall propose a compromise that should benefit all the parties. The owners of Idaho Creek propose to construct the remaining one-half of WCR 7.5 within the Milky Way Subdivision and the full width (110 feet) from the Milky Way property to the southern boundary line of the Idaho Creek Property. The owners of Idaho Creek will also be responsible for the construction o f a traffic signal at the intersection of WCR 7.5 and Hwy 119, and a pedestrian crossing at the southern boundary of the Idaho Creek Property. As consideration fore doing such, the developers of Idaho Creek will receive a full credit against the "Weld County Traffic Impact Fee"imposed on each single family home within the subdivision. The credit will be calculated solely upon the cost to build the remaining one-half of WCR 7.5 within the Milky Way property and the half of WCR 7.5 within Idaho Creek over and above that shown on Exhibit A. The developers will also receive a full credit against the cost to purchase and install the traffic signal at WCR 7.5 and Hwy 119 and the pedestrian crossing. In the event that the cost of one-half of WCR 7.5 and expense of the traffic signals is less than the total amount of the Traffic Impact Fees that would be collected on the single family lots, the remaining balance of fees will be prorated and collected at the time of issuance of building permits for each lot. The developer will provide Weld County with an accurate accounting of the cost of WCR 7.5 and the expense of the traffic signals in a timely manner. EXHIBIT Ix S #ss/ E/Z ' d UcU ' °N '0NI S3iVI00SSV N0S16V0 WVU9 : 6 I00d ' Hied The developers shall be allowed to phase the improvements of WCR 7.5 and the traffic signal. The one-half of WCR 7.5 within Idaho Creek will be constructed before the first building permit is pulled. The remaining one-half of WCR 7.5 and the traffic signal will be installed before the 250th building permit is issued. This arrangement will also be more thoroughly detailed within the "Off- Site Road Improvements Agreement". Thank you for the time and consideration on this matter. If this proposal is agreeable to the Public Works Department,we would appreciate you assistance in informing the Weld County Planning Department and the Weld County Board of County Commissions that we have reached an consensus on this issue. Sincerely, o ey 132,L.L.C. (Owner) Parkwood i perties,L.L.C. (Owner) RLC:jlc Enclosure: Exhibit A cc: Monica Daniels Weld County Planning Department E/£ H 0SZZ ' °N '0NI S3IVI00SSV N0SI8V0 WV09 : 6 [00? ' 0? ' Qaj MAR-07-01 WED 09:44 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 5 EXHIBIT A • • 44' !s• • nil a It UM it L Ne F c U E RAM ONE HALF SUILDOUT. 8Y dE OF IDAHO CREEK ARTERI42 LANE WITH TURN LANE WHERE APPROPRIATE. -HALF TO 8E CONSTRUCTED SY OTHERS. ME LME cm LEFT T1KN . .Y^ ' Federal Emergency Management Agency r Washington, D.C. 20472 v February 9, 2001 MR.TODD CARTWRIGHT CASE NO.:01-08-099A MANH-IARD CONSULTING COMMUNITY: WELD COUNTY,COLORADO 8232 EAST PARK MEADOWS DRIVE (UNINCORPORATED AREAS) LITTLETON,CO 80124 COMMUNITY NO.: 080266 DEAR MR.CARTWRIGHT: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFHP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMAs. Please see the List of Enclosures below to determine which documents are enclosed. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 600, Alexandria, VA 223O4-6439. Sincerely, Matthew B. Miller,P.E.,Chief Hazards Study Branch Mitigation Directorate LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT(REMOVAL) cc: State/Commonwealth NF IP Coordinator Community Map Repository Region lg. EXHIBIT S 4tssy d H ?Ol? ' °H 3H1 ShVIDOSSV NOS1 V3 WV8l : II loo? ' 91 ' clad Page 2 of 2 I 'Date: February 9,2001 1Case No.: b1-08-099A I LOMA Federal Emergency Management Agency F Washington, ID C. 20472 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACFIMENT 1 (ADDITIONAL CONSIDERATIONS) LEGAL PROPERTY DESCRIPTION (CONTINUED) angle of 22"37'37", a radius of 640.00 feet,an arc length of 252/5 feet, a chord bearing of S 12°02'22" E and a chord distance of 251,11 feet;thence tangent to said curve S 23°21'10"E, 227.69 feet to the beginning of a tangent curve;thence along said curve to the right having a central angle of 17°41'34", a radius of 345.00 feet, an arc length of 106.54 feet,a chord bearing of South 14°30'23' E and a chord distance of 106.11 feet thence S 89°05'05"W, 870.91 feet to the POINT OF BEGINNING PORTIONS OF THE PROPERTY REMAIN IN THE SFHA(This Additional Consideration applies to the preceding 1 Property,) This Determination Document has removed the subject of the determination from the Special Flood Hazard Area (SFHA). However, portions of the property may remain in the SFHA. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. ZONE A (This Additional Consideration applies to the preceding 1 Property.) The NFIP map affecting this property depicts an SFHA that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based rThpproximate methods and has not been formalized through the standard process for establishing base flood elevations fished in the Flood Insurance Study. This flood elevation is subject to change. • s attachment provides additional information regarding this request, If you have any questions about this attachment, please contact the FEMA Map 'stance Center toll free at(877)3362627(877-FEMA MAP)or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower .:nue,Suite 600,Alexandria,VA 22304-6439. Matthew 8.Miller,P.E.,Chief Hazards Study Branch Mitigation Directorate Version 1.3.2 2418012CA504084520099 8 ' d 8018 ' °N ONI SIIVIDOSSV NOS1NVO NIVSIl [ L 1001 . 9l ' led Page 1 of 2 (Date: February 9,2001 I Case No: 01-08-099A I LOMA i:n1' y Pr •4 Federal Emergency Management Agency Washington, D.C. 20472 Qeco` LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION — WELD COUNTY,COLORADO A portion of Section 10, Township 2 North, Range 68 West, 6th Principal (Unincorporated Areas) Meridian, as described in the Warranty Deed recorded as Instrument COMMUNITY No. 2733146.in the Office of the Recorder, Weld County, Colorado COMMUNITY NO.;080256 NUMBER:0850 C The legal description of the portion mentioned above is as follows: COMMENCING at the center west one-sixteenth corner of Section 10;thence AFFECTED NAME:WELD COUNTY,COLORADO N 00°30'50"W, 40.00 feet;thence N 89°05'05"E, 367.27 feet to the POINT MAP PANEL OF BEGINNING: thence N 00'30'50"W,560.00 feet; thence N 89°05'05"E, 706.70 feet;thence along a curve to the left having a central DATE:0912811982 FLOODING SOURCE: ST. VRAIN CREEK AND BOULDER APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY:40.154,-104.997 CREEK SOURCE OF LAT&LONG; DATUM: NAD 83 DETERMINATION h OUTCOME 1%ANNUAL LOWEST LOWEST LOWEST III/- WHAT CHANCE ADJACENT FLOOR LOT • BLOCK/ FLOOD FLOOD GRADE ELEVATION ELEVATION SECTION SUBDIVISION STREET REMOVED ZONE ELEVATON ELEVATION FROM THE SFHA (NGVD 29) (NGVD 29) (NGVD 29) (NGVD 29) Section 10 Portion of — — — Property C 4850.0 feet 4850.0 feet _ ,_ Special Flood Hazard Area(SFHA)_The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year(base flood). ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) LEGAL PROPERTY DESORPTION(CONTINUED) PORTIONS REMAIN IN THE SFHA ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the property(ies)is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map;therefore, the Federal mandatory flood Insurance requirement does not apply, However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP)is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional Information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at(877)336-2627 (877-FEMA MAP)or by letter addressed to the Federal Emergency Management Agency,3601 Eisenhower Avenue,Suite 600,Alexandria,VA 22304-6439. A „m .7---m- vv sb, Matthew B.Miller,P.E.,Chief Hazards Study Branch Mitigation Directorate Version 1.3.2 2418012CAS0408452009S • ti ' d 3013 ' °N 'ONI S3IVIOOSSV NOS1aVO WV8L : 11003 ' 5l ' gad ir `�, Federal Emergency Management Agency ' W g�a D.C. �,V . 20472 ADDITIONAL INFORMATION REGARDING LEITERS OF MAP AMENDMENT 'Wh making determinations on requests for Letters of Map Amendment(LOMAs),the Federal Emergency of na determination.ManagementAgency(FEMA)bases its determination on the flood hazard information available at the time ofgenerated that would should supersede be aware that flood conditions may change or new information may by letter. In such cases,the community will be informed Requesters also FloodHazard Area should (SF be mere that al of a property(Pub of land or structure) m the Special flood having a 1-percent chance ofas determined the property is not subject to inundation). Thd by the mean thesubject to other flood or eds. 'Meded in anyy given couldye be inundatedbase edb a does not property is not hazards• The property a=pinkie greater than the base flood or by localized flooding not shown on the by a flood with Insurance Fragrant(NFLP)map- effective National Flood The effect of a LOMA is it removes the Federal requitement fix the lender to require flood insurance coverage for the l*upaely deserted. The LOMA is not a waiver of the condition tint the propertymaintain flood requiraneet insurance oovetage for the property. Only the leader can waive the flood insurance pose written waiver from the lender the lender imposed the requirement e policy. ,hem lender°mar' t request its own as a business decision,that it wishes to continue the flood insurance mime' its own as a the loan. requirement to protect its financial risk on The LOMA provides FE A's comment on the appytoaNFucas 1 particular property. A LOMA is not a flood insurance requirements of tbe they sdevelopment,new construction,or substantial improvement permit,nor should tie a LOMA as must comply with all applicable_State and local criteria and other Federal criteria. ray impacted by a must If a lender releases a property owner from the flood insurance requirement,and the property owner decides to cancel the policy and seek a refund,the NFL?will refund the premium paid for the current policy year, provided that no claim is pending or has been paid owner must provide a written waiver of the insurance requirement the ui from th the e lennddert policy e PLUp ,�P •te agent or company servicing his or her policy. The agent or company will p "re refund then process the refund request. Even though structures are not located in an SFHA,as mentioned above,they could be flooded by a flooding event with a greater magnitude than the base flood. In fact, more than 25 percent of all claims paid by the NFU,are for policies for structures located outside the SFHA in Zones B, C, X(shaded),or X(unshaded). More than one-fourth of all policies purchased under the NFIP protect structures located in these zones. The risk to structures located outside SFHAs is just not as great as the risk to structures located in SFI-IAS_ Finally,approximately 90 percent of all federally declared disasters are caused by flooding, and homeowners insurance does not provide financial protection from this flooding. Therefore, FEMA encourages the widest possible coverage under the NFIP. 06%26/00 9 ' d b01d ' oN 'ONI S2IVI00SSV NOSIhVO WVC [ II 1002 ' ghee ThrNFtP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy(PRP) and the Standard Flood Insurance Policy(SFIP). The PRP is available for 1- to 4-family residential structures located outside the SFHA with little or no loss history. The PRP is available for structures,but is not available for other types of condominium units. The SF1P is available fir sll other structures Addmooul information on the PRP and how a property owner cm qualify for this typo of policy may be obtained by calling the Flood Insurance Information Hotline,toll free,at 1-100-427-4661. Before making a final derision that flood insurance coverage,FEMA st roegly.meou ages property owners to discuss their individual flood risk situations as insurance needs with an Sunoco aged or company. FEMA makes flood insurance available in participating communities; in addition, we encourage communities to develop their own loss reduction and prevention programs. Through the Project Impact: Brdldbrg Disaster Resistant Cont anquties initiative,launched by FEMA Director James Lee Witt in 1997,we seek to focus the energy of businesses,citizens,and communities in the United States on the importance of reducing their stnoephiWIity to the impact of all natal dismeas,including floods,bnrica nes, severe storms,earthquakes,as wildfires. Natural hazard meig$inn is most effective when it is planned for and implemental at the local level,by the entities who are mod knowledgeable of local conditions and whose economic stability and safety are at stake. For your information, we are enclosing a copy of a pamphlet deaSbing this nationwide initiative. For additional information on Project I»rpact;please visit our website at www,faaa rtoditaasct. • FEMA has established"oiasMdher"roles to benefit flood Sum=policyholders who have maintained continuous coverage. Property owners may wish to note also that,if they live outside but on the fringe of the SFHA shown on an effective NFIP map and 15 map is revised to espy d the SFHA to delude their strucdre(s),their flood insurance policy rates will not increase as long as the coverage for the affected strud►u (s)has beat continuous. Property owners would continue to receive the lower insurance policy rates. LOMAs are based on minimum criteria established by the NEW State,county,and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFIIA. If a State,county,or community has adopted more restrictive and comprehensive floodplain management criteria,these criteria take precedence over the minimum Federal criteria. In accordance with regulations adopted by the community when it made application to join the NFIP,letters issued to amend an NEW map must be attached to the community's official record copy of the map. That map is available for public inspection at the community's official map repository. Therefore,FEMA sends copies of all such letters to the affected community's official map repository. When a restudy is undertaken,or when a sufficient number of revisions or amendments occur on particular map panels,FEMA initiates the printing and distribution process for the affected panels. FEMA notifies community officials in writing when affected map panels are being physically revised and distributed. In such cases, FEMA attempts to reflect the results of the LOMA on the new map panel. If the results of particular LOMAs cannot be reflected on the new map panel because of scale limitations, FEMA notifies the community in writing and revalidates the LOMAs in that letter. LOMAs revalidated in this way usually will become effective 1 day after the effective date of the revised map. LOMASNC•1 06126/00 9 ' d ZOIZ ' °N 'ONI S3IVIOOSSV NOS1hVO WVtiI ll 1002 ' 9I ' 9ad 1 ROM BLG PHONE NO. : 303 772 6105 Dec. 19 2000 03:46PM P1• • rDANIEL F.BERNARDBERNARD LYONS S4$Ifl MQAIIK\'I1trrT RICHARD N.LYONS,II CADDIS & KAHN POST OFF ICE BOX 97e JEFFREY 1.KAHN LONOMONT,CO 40592-0978 JOHN W.CADDIS 303-7J -99OO BRADLEY A.HALLA PROFESSIONAL CORPORATION PAX 30.1.413-I003 STEVEN PJEFFERS ATTORNEYS AND COUNSELORS E-MAIL infoOlgglnw.enm WENDY SLOE RODNIK ANTON V.DWORAK wrudnik@blglaw.com December 19, 2000 Ryan Carlson VIA FACSIMILE: 303-280-2978 12460 First Street East Lake, CO 80614 • Re: Assignment of Agreement Dear Ryan: The Rural Ditch Company acknowledges receipt of the Notice of Assignment of the Agreement Between the Rural Ditch Company and Clay Carlson, dated October 18, 2000. IL is our understanding that the property has been sold to Clear Creek 48, LLC, and that all notices should be sent to: Clear Creek 48, LLC, 12460 First Street, East Lake Colorado 80614. Sincerely, BERNARD, LYONS, CADDIS & KAHN, a Professional Corporation • By_ � Wendy S. Ru nik WSR:pp • cc: Dan Grant • 4. EXHIBIT • S #5544 GACLI ENT S\RIRURAD\CAR1L•CARLSON.DOC 72M4/00 It ASSIGNMENT OF DITCH AGREEMENT For value received, I hereby assign all of my right, title and interest in and to the agreement known as"Agreement Between Rural Ditch Company and Clay Carlson." situated in the N/A *County of Weld , Colorado between Rural Ditch Company (Ditch Company), and Clay Carlson (Licensee), and recorded July 17,1999.at Reception Number 2706140 to Clear Creek 48,L.L.C. at a eek 8 . ' ' (Date) Clay Car) (Date) STATE OF COLORADO ) )ss. COUNTY OF Ada ile-0 ) The foregoing instrument was a acknowledged before me this �� !day of ha el nchit 20Oa, by p4 , L'I�YlSOn 4v {Y eiv d'.&t 4't LLG ' et,, 4u r(5 u>2 Witness my hand and official seal. My commission expires (,),L)1(///966)V el\\\\\0 1111"""ilii4 ttd 4G Na e y Publ: )41/411 P r".` �N'• U6L�G a "If in Denver,insert"City and". ��//i'f• OF.COLOPJ,: ��/OMIIIIIII111110 AGREEMENT BETWEEN RURAL DITCH COMPANY AND CLAY CARLSON 1. PARTIES. The parties to this Agreement are the RURAL DITCH COM- PANY, a Colorado mutual ditch company (Ditch Company), and CLAY CARLSON (Licensee). Ditch Company and Licensee are hereinafter jointly referred to as the Parties. 2. RECITALS. Licensee owns the property described in EXHIBIT A consisting of about 100 acres in Section 10,. Township 2 North, Range 68 West (the Property). Licensee is in the process of platting the Property as Idaho Creek P.U.D. The Ditch Company owns a prescriptive easement for the operation and maintenance of the Rural Ditch (Ditch) which consists of a total of 60 feet, 30 feet on each side of the centerline of the Ditch (Ditch Easement). The Ditch runs south to north near the eastern boundary of Licensee's property. Licensee desires to construct a recreation trail along the east side of the Ditch. The Parties desire to execute this Agreement to define certain rights, responsibilities and obligations of the Parties. 3. RECREATION TRAIL AND DITCH MAINTENANCE. Licensee agrees the recreation trail shall be constructed or installed outside the Ditch Easement. No structures or landscaping except for grass may be constructed within the Ditch Easement without the prior written consent of the Ditch Company. The Ditch Company shall be responsible for the cleaning and maintenance of the Ditch. 4. REIMBURSEMENT. Licensee agrees to reimburse the Ditch Company (or pay directly) for all reasonable legal costs and administrative costs of the Ditch Company incurred by it in entering into this Agreement. Statements for the costs chargeable to Licensee pursuant to this Agreement shall be forwarded to Licensee and the same shall be paid to Ditch Company within 30 days after the billing date. If payment has not been received by the Ditch Company within 30 days, Licensee shalt have breached this Agreement and Ditch Company may institute legal proceedings to collect the amount due and owing. In such a proceeding, the Ditch Company shall be entitled to its costs and reasonable attorneys' fees from Licensee. 5. TERM. This Agreement, unless modified by Court order or agreement of the Parties, shall be perpetual. 6. INDEMNITY. Licensee, its successors and assigns, agree to indemnify and hold harmless Ditch Company, its successors and assigns, from claims and liability, defense costs, including reasonable attorneys' fees, for damage or injury to property r O:MCLIENTSIMRURADIGARLSON-ADREEMENT.DOC I1/12/Y!9:38 AM 4 EXHIBIT PA S #599 or persons arising from or caused directly or indirectly by the use of the recreation trail constructed by Licensee and any acts occurring on Licensee's property, except to the extent that such claims and liability result from Ditch Company's sole acts or omissions or those of the Ditch Company's agent or contractors. 7. RECORDATION. This Agreement shall be recorded at the cost of Licensee and shall be binding on any successors of the Parties. This Agreement shall specifi- cally run with the Ditch Company's easement and the Property. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or Parties. Such notice shall be deemed to have been given when deposited in the U.S. mail. DITCH COMPANY: LICENSEE: Rural Ditch Company Clay Carbon c/o Frank Sewald, President 12460 1'L Street 11979 WCR 13 Eastlake, CO 80614 Longmont, CO 80504 COPY TO: COPY TO: Wendy S. Rudnik, Esq. Bernard, Lyons & Gaddis, P.C. P.O. Box 978 Longmont, CO 80502-0978 9. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. DATED: O:ICLIENTSUWURAOICARLSON-AOREEMENT.DOC 11/1319$9:36 AU 2 . I 12/07/00 THU 15:46 FAX 303 708 0400 MANHARD CONSULTING 11007 BULK STUDY IDAHO CREEK SU3DIVISIO1\ N WELD COU \TY, COLORADO BLOCK 9 , LOT 12 40' TYPICAL 10' REAR SETBACK I I 5' SIDE 5' SIDE J SETBACK SETBACK f -- I CONC. I STOP 28.00' I I J Q TYPICAL HOME I U (CHALET 228.0951) 1L N to i r Ici N �� N N r 10.00• us18.00' i PARCH DRIVE- I I WAY I I R.O.W. 18 GARAGE SETBACK B 0 W 1111M l I L ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT 14. EXHIBIT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT I S #554 MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE 20 0 10 20 40 DATE i REVISIONS By ( IN FEET ) 1 inch = 20 ft. IDAHO CREEK SUBDIVISION • -.. MANHARD CONSULTINGLTD• WELD COUNTY, COLORADO i---).j.,ENGINEERS • SURVEYORS • PLANNERS BULK STUDY - ;; 8232 E. Park Meadows Dr. Littleton, Colorado 80124 let 303/708-8588 tar 383/788-8400 htlp://www.NANHARB.com DRAWN BY. S.E.S. Mr"I I /2 9/00 SCALE, I '— 20' DDDE,KBC W CC PBDd¢T.0116 12/07/00 THU 15:47 FAX 303 708 0400 MANHARD CONSULTING Z009BULK STUDY IDAHO CREEK SUBDIVISIO \ WELD COUNTY, COLORADO BLOCK 1 , LOT 47 --1O' REAR SETBACK SIDE 5' SIDE I 5 SETBACK CONC. SETBACK STOOP f-I 28.00' J TYPICAL HOME (CHALET 228.1074) 6 6 10.00' - ^ 18.W'PORCH if DRIVE- F-- -18' GARAGE SETBACK • WAY R. w. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE *iese0 10 20 40 DATE REVISIONS BY ( IN FEET ) 1 inch = 20 ft. MANHARD CONSULTINGLW` IDAHO CREEK SUBDIVISION WELD COUNTY, COLORADO /1 �\ ENGINEERS • SURVEYORS •PLANNERS ,i�7-� 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY tel: 303/708-0500 fax: 303/708-0400 http://wn.MANflARD.com DRAWN BY, Im"uE I I/29/00 scale. S.E.S. DArE, I 'm 20'coon KBCWCC PROJECT t. 10.,p / 9P \ ‘‘ .40"-, 6 / / F G4 4P / 4' P \) 0 / I SIDE -7 S )SACAC K 5' SIDE I / SETBACK \,..- i \ 30.00' i TYPICAL HOME IH(NANTUCKErr 230.1524) i ri N O 110.00' °N I vt POPCH I M i 0] 4 20.00 I 18' GARAGE SETBACK DRIVE WAY I I ew ACTUAL R1 • ,e---, MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE DATE REVISIONS BY 20 0 10 20 40 ( IN FEET ) , I inch = 20 ft. CONS(JLTINGLTh IDAHO CREEK SUBDIVISION �-T , ENGINEERS •SURVEYORS•PLANNERS : WELD COUNTY, COLORADO �``L'': BULK STUDY 8232 E. Park Meadows Dr. WWetoO, Colorado 00124 i. let 303/700-0500 far 303/108-WOO blip://m.KNIRD.com DRAWN BY S.E.S.p Eic°°1 I/29/00 SCALE, I'-20'COOL KBCWCC PROJECT C116 • ^ MANHARD u LL\L COLORADO Littleton CONSU ING 8232E Park Meadows Drive Littleton,CO 80124 Li 303.708.0500 1.• Fax:303.708.0400 Email: info@manhard.com ILLINOIS Vernon Hills 847.634.5550 Downers Grove 630.515.8500 FINAL DRAINGE REPORT IDAHO CREEK SUBDIVISION WELD COUNTY, COLORADO August 31, 2000 Revised December 6, 2000 Prepared For: Carlson Associates 12460 15t Street Eastlake, Colorado 80614 Engineers Prepared By: Surveyors Manhard Consulting, Ltd Planners 8232 E. Park Meadows Drive Littleton. Colorado 80124 lXMtlf' 2000-3016 TABLE OF CONTENTS I. Introduction 3 A. Location 3 B. Site Description 3 C. Existing Drainage Pattern 3 II. Criteria 3 A. Technical Information 3 B. Previous Report 3 C. Drainage Impacts 4 D. Hydrologic Criteria 4 III. Drainage Facility Design 4 A. Drainage Patterns 4 B. Offsite Considerations 5 C. Calculations 5 D. Detention 5 IV. Opinion Of Probable Cost 6 V. Conclusion 6 I. Introduction A. Location The Idaho Creek Subdivision is located in Weld County in the North half of Section 10 of Township 2 North, and Range 68 West of the 6th Principle Meridian. A vicinity map is located in the appendix. B. Site Description The site consists of 100 +1- acres of undeveloped land. The western 30 acres is within the Idaho Creek Floodplain. This area was previously mined for gravel and several ponds remain. The eastern most ten acres have several utilities and an irrigation ditch running through it. Both of these areas will remain relatively undisturbed. The remaining 60 acres has been used for agriculture. These 50 acres will be developed into single family housing as a function of this development and a ten-acre future school site. To the north is an existing subdivision consisting of commercial lots that are primarily undeveloped. To the east is a trailer park of single-family residences. To the west and south is agricultural land. C. Existing Drainage Pattern The site generally drains from south to north. Idaho Creek flows from south to north in the site. The developable land slopes at less then 1% down to the north and west into a pond just west of the proposed WCR 71/2. II. Criteria A. Technical Information This report was prepared in substantial compliance with the "Weld County Subdivision Ordinance 173-E" and the "Urban Storm Drainage Criteria Manual" (USDCM) volumes 1,2 & 3. B. Previous Report Pickett Engineering Company submitted a Preliminary Drainage Report, Dated September 28, 1998. This study is in substantial compliance with that report. The preliminary report called for a series of inlets to be located in the roads to collect the runoff. The runoff would be piped to the existing gravel pit / pond to the west. The existing pond would be used as a wet detention pond. Do to the size of the existing pond the impact of the developed runoff would be minor. C. Drainage Impacts The existing subdivision to the north has a sidewalk at the property line. This sidewalk has two low points that discharge onto the Idaho Creek site through two sidewalk chases. The drainage from these chases uses a swale on Idaho Creek Subdivision. The west half of the swale will be adjusted to allow the runoff to drain to the existing 15" CMP culvert. The eastern half of the swale will be cut off at a proposed drive and the runoff will be collected in a flared end section (FES). Irrigation ditches and Idaho Creek surround the east, west and south side of the development. This development will not change the ditches or the creek. The waterways isolate the site from any off site impacts. D. Hydrologic Criteria This report studied the 5 year and 100 year storm event in compliance with Paragraph 10.13.4 of Weld County Subdivision Ordinance 173-E. To study these storms the Rational method was used because the site being developed is 50 acres. The C values were obtained from USDCM. The intensity data was obtained from the 1994 Rainfall Intensity Data from the City of Greeley. The required storage was calculated using USDCM equation Volume =K x Area. Where K100 = (1.78I-0.002I2-3.56)/1000 and I = percent impervious. The volume of the pond was calculated with the FAA method. III. Drainage Facility Design A. Drainage Patterns Due to the flat nature of the site the proposed roads were graded with a saw tooth pattern of up and down. This pattern created multiple low points on the 50-acre site. Each of the low points is a design point with an inlet. The basins, design points and inlets are numbered /named with the same number for each to allow for easy cross-referencing. The flows at each design point are checked for street capacity and inlet sizing. All inlets are 5' CDOT Type R inlets. All pipes are sized for the 5-year event. The 100-year event overflow would be allowed to flow overland in the tracts and west on Idaho Creek Parkway to the Detention Pond. B. Offsite Considerations The south, east and west sides of the site are bound by irrigation ditches and Idaho Creek. These channels isolate the site from off site runoff. The site does not direct any runoff towards the irrigation ditches. The subdivision to the north allowed for discharge onto the proposed site. This drainage and the developed flows adjacent to the north boundary line are collected on site and routed to an on-site pond for retention. C. Calculations The rational method was used for calculating the runoff from the developed site. Runoff Coefficients were calculated for basins with combined uses. The three dominant r uses on site are Residential, Road and Open Space. USDCM Standard Form 1 was used to calculate the time of concentration for each of the basins. The following spreadsheets were used to calculate runoff, pipe design and hydraulic grade line. D. Detention The ponds all have the same elevation as the ground water table. This and the soils report indicate that the porous nature of the ground allows easy percolation and a infiltration of water through the ground. This will allow for a gradual release of the storm runoff from this detention pond. An outlet structure would only increase the discharge rate. There is a natural weir on the west side of the pond near the north property line. This natural weir will provide for an emergency overflow that is below the improvements on the site. The infiltration and percolation rates are high in this area. However, with time and use, sediment in the runoff will lower these rates. As the rate at which the pond equalizes with the adjacent ponds slows, it will require cleaning. If the pond takes more than 24 hours after the storm has stopped to reach the same water level as the adjacent pond or if the pond over tops the aforementioned weir it should be cleaned of silt. An engineer licensed in the state of Colorado should inspect the pond every five years to ensure the serviceability of the pond and recommend cleanings as necessary. IV. Opinion Of Probable Cost • ONSITE STORM SEWER IMPROVEMENTS 1 18" RCP Storm Sewer Pipe 1610 LF $19.90 $32.039.00 2 24" RCP Storm Sewer Pipe 340 LF $23.50 $7,990.00 3 30" RCP Storm Sewer Pipe 620 LF $29.00 $17,980.00 3 36" RCP Storm Sewer Pipe 440 LF $35.00 $15,400.00 3 42" RCP Storm Sewer Pipe 220 LF $45.00 $9,900.00 4 18" FES 2 EA $270.00 $540.00 5 36" FES 1 EA $625.00 $625.00 5 42" FES 1 EA $850.00 $850.00 6 5'Type R Inlet 23 EA $1,780.00 $40,940.00 7 4'Dia. Manhole 5 EA $1,575.00 $7,875.00 8 5' Dia. Manhole 5 EA $1,800.00 $9,000.00 r TOTAL ONSITE STORM SEWER IMPROVEMENTS $143,139.00 V. Conclusion This drainage report presents the calculations and design results for the stormwater drainage system proposed for the development Idaho Creek Subdivision in compliance with "Subdivision Ordinance 173-E, Weld County Colorado" and"Urban Storm Drainage Criteria Manual". The stormwater management system was designed to adequately drain the 5-year and 100-year storm events, minimizing the hazards of local flooding. r ► ) ) ) ) RUNOFF COEFFICIENTS Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: C116 KBCWCC Calculated By: TAC Checked By: Date: 1/8/01 STREETS / DEVELOPED OVERLAND/UNDEVELOPED WEIGHTED TOTAL BASIN AREA AREA CS C100 AREA CS C100 CS C100 (Acres) (Acres) (Acres) 0.0 0.45 0.60 0.0 0.01 0.20 #DIV/0! #DIV/0! IA 0.9 0.9 0.88 0.93 0.0 0.01 0.20 0.88 0.93 IB 1.4 0.7 0.88 0.93 0.7 0.01 0.20 0.45 0.57 2 1.1 0.8 0.45 0.60 0.3 0.01 0.20 0.33 0.49 3 3.2 3.2 0.45 0.60 0.0 0.01 0.20 0.45 0.60 4 3.2 3.2 0.45 0.60 0.0 0.01 0.20 0.45 0.60 5 2.7 2.7 0.45 0.60 0.0 0.01 0.20 0.45 0.60 6 2.5 2.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60 7 1.8 1.8 0.45 0.60 0.0 0.01 0.20 0.45 0.60 8 4.5 4.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60 10 4.9 0.9 0.45 0.60 4.0 0.01 0.20 0.09 0.27 17A 0.4 0.4 0.45 0.60 0.0 0.01 0.20 0.45 0.60 17B 1.5 1.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60 18A 0.5 0.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60 18B 2.8 2.8 0.45 0.60 0.0 0.01 0.20 0.45 0.60 19A 0.6 0.6 0.45 0.60 0.0 0.01 0.20 0.45 0.60 19B 1.9 1.9 0.45 0.60 0.0 0.01 0.20 0.45 0.60 19C 1.5 0.7 0.45 0.60 0.8 0.01 0.20 0.21 0.38 20A 1.3 1.3 0.88 0.93 0.0 0.01 0.20 0.88 0.93 20B 1.7 1.2 0.88 0.93 0.5 0.01 0.20 0.63 0.72 25 1.9 1.9 0.45 0.60 0.0 0.01 0.20 0.45 0.60 ) 1 1 ) ) ) STREETS / DEVELOPED OVERLAND/UNDEVELOPED WEIGHTED TOTAL BASIN AREA AREA C5 O00 AREA C5 C100 C5 C100 (Acres) (Acres) (Acres) 26 1.4 1.4 0.45 0.60 0.0 0.01 0.20 0.45 0.60 27 2.0 2.0 0.45 0.60 0.0 0.01 0.20 0.45 0.60 28 1.5 1.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60 29 1.4 1.4 0.45 0.60 0.0 0.01 0.20 0.45 0.60 30 5.1 5.1 0.45 0.60 0.0 0.01 0.20 0.45 0.60 ) ) ► I ) ) STANDARD FORM SF-1 TIME OF CONCENTRATION Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: C116 KBCWCC Calculated By: TAC Checked By: • Date: 1/8/01 SUB-BASIN INITIAL/OVERLAND TRAVEL TIME Tc CHECK DATA (T,) (T,) (URBANIZED BASINS) FINAL BASIN D.A. C5 L S T1 L S VEL. T, COMP.T, TOTAL MIN.T© T, ID (AC) (FT) (%) (MIN) (FT) (%) (FPS) (MIN) (MIN) LENGTH(FT (MIN) (MIN) 0 0.0 0.01 2.0 0.0 0.5 1.5 0.0 0.0 0 10.0 10.0 IA 0.9 0.01 10 2.0 5.1 500 1.0 2.0 4.2 9.3 510 12.8 10.0 1B 1.4 0.01 50 2.0 11.5 500 1.0 2.0 4.2 15.6 550 13.1 13.1 2 1.1 0.01 35 2.0 9.6 500 1.0 2.0 4.2 13.8 535 13.0 13.0 3 3.2 0.01 80 2.0 14.5 1300 0.5 1.5 14.4 28.9 1380 17.7 17.7 4 3.2 0.01 80 2.0 14.5 900 0.5 1.5 10.0 24.5 980 15.4 15.4 5 2.7 0.01 80 2.0 14.5 700 0.6 1.6 7.3 21.8 780 14.3 14.3 6 2.5 0.01 80 2.0 14.5 800 0.6 1.6 8.3 22.8 880 14.9 14.9 7 1.8 0.01 80 2.0 14.5 600 0.8 1.8 5.6 20.1 680 13.8 13.8 8 4.5 0.01 80 2.0 14.5 800 0.8 1.8 7.4 21.9 880 14.9 14.9 10 4.9 0.01 300 0.7 39.7 1700 0.7 1.7 16.7 56.4 2000 21.1 21.1 17A 0.4 0.01 35 2.0 9.6 200 0.5 1.5 2.2 11.8 235 11.3 11.3 17B 1.5 0.01 80 2.0 14.5 600 0.5 1.5 6.7 21.2 680 13.8 13.8 18A 0.5 0.01 80 2.0 14.5 200 0.5 1.5 2.2 16.7 280 11.6 11.6 18B 2.8 0.01 80 2.0 14.5 600 0.5 1.5 6.7 21.2 680 13.8 13.8 19A 0.6 0.01 80 2.0 14.5 200 0.5 1.5 2.2 16.7 280 11.6 11.6 19B 1.9 0.01 80 2.0 14.5 460 0.5 1.5 5.1 19.6 540 13.0 13.0 19C 1.5 0.01 210 2.0 23.5 120 0.5 1.5 1.3 24.8 330 11.8 11.8 20A 1.3 0.01 10 2.0' 5.1 680 1.0 2.0 5.7 10.8 690 13.8 10.8 20B 1.7 0.01 50 2.0 11.5 680 1.0 2.0 5.7 17.1 730 14.1 14.1 25 1.9 0.01 80 2.0 14.5 700 0.5 1.5 7.8 22.3 780 14.3 14.3 26 1.4 0.01 80 2.0 14.5 700 0.5 1.5 7.8 22.3 780 14.3 14.3 ► ) 1 ) SUB-BASIN INITIAL/OVERLAND TRAVEL TIME Tc CHECK DATA (T1) (T,) (URBANIZED BASINS) FINAL BASIN D.A. CS L S T, L S VEL. T, COMP.T, TOTAL MIN.T, T, ID (AC) (FT) (%) (MIN) (FT) (%) (FPS) (MIN) (MIN) LENGTH(FT (MIN) (MIN) 27 2.0 0.01 80 2.0 14.5 850 0.5 1.5 9.4 23.9 930 15.2 15.2 28 1.5 0.01 80 2.0 14.5 640 0.5 1.5 7.1 21.6 720 14.0 14.0 29 1.4 0.01 80 2.0 14.5 640 0.5 1.5 7.1 21.6 720 14.0 14.0 30 5.1 0.01 80 2.0 14.5 700 0.5 1.5 7.8 22.3 780 14.3 14.3 NOTES: T1=(1.8*(1.1 -Cs)*(L)^0.5)/(S^0.33) T,=L/60V(Velocity From Fig. 3-2) Tc Check = 10+U180 I \ 1 ) INLET SIZING TYPICAL Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: C116 KBCWCC Calculated By: TAC Checked By: Date: 1/8/01 Design Point 18B Given a. Discharge Q = 11.3 cfs b. Curb Type 6" 6" RAMP c. Street Section Residential Solution H (Depth at opening) = 15 h (height of opening) = 6 H/h = 2.5 From Chart Q/ Foot = 2.7 L = 4.2 Cloggin Factor = 80% L Required = 5 Use = 5'Type R ) ) ) ) Dentention Requirments Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: C116 KBCWCC By: TAC Checked By: SOIL GROUP C Q100R= 1.00 Date: 1/8/01 Q5R= 0.17 DRAINAGE BASIN/LAND USE AREA IMPERV. V100 Vioo QSR QIooR (AC.) (CF) (AC.FT.) (CFS) (CFS) Required Volume 48.0 0.43 144860 3.326 8.2 48.0 WQCV 48.0 0.43 26136 0.600 20%WQCV 5227 0.120 Total Required Vol 176224 4.046 Pond 2 Actual 337262 7.742 V=KXA Q=VXA K100=(1.78I-0.002I2-3.56)/1000 Q100R= 1.00 X A ^ Pond Outlet Requirements Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: Cl 16 KBCWCC Calculated By: TAC Checked By: Date: 1/8/01 Outlet Discharge Calculation 100 Year Storm Event a Oriface Flow Q= CdA(2gh)^1/2 Q= Q= 48 cfs Cd= Cd= 0.65 g= g= 32.2 ft/s^2 h= h= 3.1 ft A= FT SQ A= 5.23 FT SQ IN SQ 752.6 IN SQ Restrictor Plate Dimensions h= h= in w= w= in A= A= 0 in sq Radius 0.73 ft Pond bottom 46.00 10 elev 100 elev 49.10 Top of berm 51 OVERFLOW SPILLWAY CALCULATIONS ASSUME OUTLET 100%CLOGGED Q= CLH^3/2 Q= 48.0 H= 1 C= 3.4 TRAP L= 14.1 MIN r"` ► ► ► ► ) ) ) Pond Volume (FAA Method) Subdivision: Idaho Creek Project Name: Idaho Creek Location: County of Weld, State of Colorado Project No: C116 ICBCWCC Calculated By: TAC Checked By: Date: 1/8/01 Volume=1/3 x Depth x (A+B+(A*B)^0.5) A - Upper Surface B - Lower Surface Elevation Surface Area A+B+(A*B)^0.5 1/3 Depth Volume CumulativeVolume (square feet) (feet) (cubic feet) (cubic feet) 46.00 84698 84698 28233 0.00 0 0 47.00 98963 275214 91738 1.00 91738 91738 48.00 113883 319007 106336 1.00 106336 198074 49.00 137155 376016 125339 1.00 125339 323412 49.10 139846 415494 138498 0.10 13850 337262 REQUIRED 10-YEAR VOLUME= CUBIC FEET PROVIDED VOLUME= CF @ WSE= REQUIRED 100-YEAR VOLUME=CUBIC FEET I ► ► ) ) ) TABLE 3-1 RECOMMENDED RUNOFF COEFFICIENTS LAND USE OR PERCENT FREQUENCY SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100 Business: Commercial Areas 95 0.87 0.87 0.88 0.89 Neighborhood Areas 70 0.60 0.65 0.70 0.80 Residential: Single-Family * 0.40 0.45 0.50 0.60 Multi-Unit (detached) 50 0.45 0.50 0.60 0.70 Multi-Unit (attached) 70 0.60 0.65 0.70 0.80 1/2 Acre Lot or Larger * 0.30 0.35 0.40 0.60 Apartments 70 0.65 0.70 0.70 0.80 Industiral: Light Areas 80 0.71 0.72 0.76 0.82 Heavy Areas 90 0.80 0.80 0.85 0.90 Parks, Cemetaries: 7 0.10 0.18 0.25 0.45 Playgrounds: 13 0.15 0.20 0.30 0.50 Schools: 50 0.45 0.50 0.60 0.70 Railroad Yard Areas: 20 0.20 0.25 0.35 0.45 Undeveloped Areas: Historic Flow Analysis 2 (See "Lawns") Greenbelts, Agricultural Offsite Flow Analysis 45 0.43 0.47 0.55 0.65 (when land use not defined) Streets: Paved 100 0.87 0.88 0.90 0.93 Gravel (Packed) 40 0.40 0.45 0.50 0.60 ► ) 1 Drive and Walks: 96 0.87 0.87 0.88 0.89 Roofs: 90 0.80 0.85 0.90 0.90 Lawns, Sandy Soil 0 0.00 0.01 0.05 0.20 Lawns, Clayey Soil 0 0.05 0.15 0.25 0.50 NOTE: These Rational Formula coeffecients may not be valid for large basins. *See Figure 2-1 for percent impervious ) ) \1 ) \l/ stormI I. )xls ) l7n rvr^, -' rTrrbutaryAreaf`,t�r :3' Intensity ;Runoff Jipe Design r Profle" :r,. P. ' /34 s£ r,,, 1 Tc I(5yr) it Elawxi Pipe Pipe Pipe Hyd. Q(ruin VIm10 v ) Depth Timem Rim Wetet DurfneeElev I Pipe Invert Elev. "3d 1r .. .. 1 yP�, b Die. Slope Slope °� .ofFlowy Pipe Elevation UP ✓„Down ?AU. Up' Down DAP __. 'Me ,, acre acre' mto) N (mm)_-. bm1u1. MAR,li' i 'Via) (inch :Yo • . % (c4) (fPn) (�) . „% (rain Stenm-. ':'Strfem ••Lose 3hfeam*:Strcam. 1NL-8A MH-8 1.8 0.45 082 0.82 13.0 13.00 6.81 5.58 50' 24" 0.3)1 0.30% 12.39 394 4.15 52% 0.20 5258 EC 49.37 49.34 000 48.05 MH-8 INL-7 0.00 0.82 13.20 3.62 2.97 22' 24" 030% 0.30% 12.39 3.94 3.57 39% 0.10 52_28 P 49.34 49,33 0.00 48.05 47.98 INL-7 INL-6 2.5 0.45 1.11 1.93 13.8 13.78 3.55 6.86 157' 24" 030% 0.30% 12.39 3.94 4.33 58% 0.60 52.39 TC 49.33 49.19 0011 47.98 47.51 INL-6 INL-5 2.7 11.45 1.20 3.13 14.9 14.89 3.41 10.68 47 30" 0.30% 030% 22.46 4.58 4.87 54% 0.16 51.76' IC 49.19 49.16 0.00 47.51 47.37 INL-5 INL-4 3.2 045 1.43 4.56 143 15.05 340 15"50 170' :0" 0.30', 0.30% 2246 4.58 5.25 67% 0.54 5178 "EC' 49.16 48.92 0.00 47.37 46.86 !NE-4 INL-3 3.2 045 145 6.02 154 15.59 3.36 20.21 4v 0 3l/, 0.30% 22.46 4.58 544 82% 0.14 5030 1 C 48 92 4877 000 46.86 46.72 FES-I0A MH-I0 4.5 045 2.01 201 21.1 21.11 2.97 5.99 110' 18 641"., 0"40% 6.64 376 4,47 82% 0.43 52.00 lY 49.63 49.17 1100 MH-10 MH-9 0.00 0.00 21.54 2.94 0.00 IS" 030", 0.30% 5.75 3.25 0.13 0% 39.80 52"S4 P 47.94 46.97 000 47.94 46.97 MH-9 INL-3 0.00 0.00 6135 100 0.00 142' IS" 0302., 0.30% 5.75 3.25 0.13 0% 17.55 51.17 I' 46.97 46.68 0.00 46.97 46.54 INL-3 MH-2 1.1 0.33 0.35 0.35 177 78.90 1.00 0.35 123' 30" 0_20% 0.20% 18.34 3.74 083 5% 246 50.56 I' 46.68 46.43 0.00 46.54 46.30 MH-2 FES-I 0.00 0.00 81.36 1.00 0.00 190' 91" 0.16% 0.16% 1624 3"31 0.14 0% 23.11 50.00 I' 46.30 46.00 000 46.30 4000 • Mmhnrd Consulting,Ltd. 2/6/01 ) ) ) ) sioni2 k )xIs Profile - P,l�Luveallon Trrbuta Area ,- Inlensiy Runoff +. Pipe Desibn f -,:n.-.!?,.. Inlet Pipe Pipe Pipe Hyd Depth Time in Rim Water Surface Elea +Prpe InvM Elev. rs To Area c AC , EAC - Tc I(5yr) -Flow 'AM* V(ralp Vocals„) - *q - ( Tc -, Lrngth, Dia. Slope Slope of Flow - Pipe Elevation . Up Down ,MH Upt ,Down Drop if 1`4.tc ' (aere) .. acre) (acre) (min) (min) (in/hr) 1-(cfs) (feet) (inch) % % (cfs) fps) (Cps)- - % (min) 'Stream Stream Loss '_Stream, Stream INL-IB INL-IA IA 045 0.64 0.64 13.1 13.06 3.64 2.34 88' IS" 0.20".4 0.20% 4.70 2.66 2.86 Transition 0.51 4226 TC' 47.74 47.70 0.00 46.29 46.11 INL-IA FES-2 0.9 0.88 0.76 1.40 10.0 13.57 3.58 5.00 86' IS" 0.13% 0.23% 3.82 2.16 2.83 Pressure 0.51 49.26 I(' 47.70 47.50 0.00 46.11 46.00 ) ) ) ) ) storm3 k ).xls {ao`Caaon Tributary Area Intent Runoff Pipe Design Profile �, 1. bc, Inlet 111(((yyy ,s Pipe Pipe Pipe Hyd. Depth Time in ,Rim WaterSurfaciElev ,j ;exPipelnvert Elev4.* :fiery A To Area c AC EAC, Te 'I(5yr) .Flow Q(full) VW') V(t,IH,) r Tc I g„, Length ia. Slope Slope of Flow Pipe Elevation Up ,-Down MH 44Up Down - -" (acre) (acre) (acre) (min) (min) (in/hr) "5-•' :(efs) ' (feet) (inch % 2 % (cfs (fps) (fps) ' % (min) - Stream -Stream -Loss ''iStream:+Stream. Drop. INL-25 INL-26 1.9 0.45 0.85 0.85 14.3 14.33 3.48 2.97 42' 18" 0.60% 0.60% 8.13 4.60 4.64 47% 0.15 56.69 TC 53.40 53.15 0.00 52.69 52.44 INL-26 INL-27 l4 045 0.61 1.46 14.3 14.48 3.46 5.07 152' IS" 1160% 0.23% 8.13 4.60 5.18 Pressure 0.49 5669 IC 54.51 54.15 0.00 52.44 51.53 INL-27 INL-28 2.0 0.45 0.92 2.38 151 15.17 3.39 8.07 42' 18" 0.601x, 0.59% 8.13 4.60 5.40 Pressure 0.13 5555 IC 54.15 53.90 0.00 51.53 51.27 INL-28 INL-29 1.5 0.45 0.65 3.04 14.0 15.30 3.38 10.26 160' 24" 0.60"1' 0.21% 17.52 5.58 6.20 Pressure 0.43 55.55 IC 53.90 53.57 0.00 51.27 50.31 INL29 MH-29 IA 0.45 0.65 3.68 140 15.73 3.35 12.34 _2(1' 24" 0-60% 0.30% 17.52 5.58 6.43 Pressure 0.05 55.05 TC' 53.57 53.51 0.00 50.31 50.19 INL30 MH-29 5.1 045 2.28 2.28 143 14.33 3.48 7.93 40' I8" 3.S11", 0.57% 1464 11.12 11.45 Pressure 0.06 5516 TC 5374 53.51 0.00 51.76 50.36 MH-29 MH-30 0.00 5.96 15.78 3.35 19.94 54' 30" 060",, 0.24% 31.76 6.47 7.30 Pressure 0.12 54.76 P 53-51 53.39 0.00 50.19 49.87 MH-30 MH-31 0.00 5.96 15.90 3.34 19.89 274' 30" ub0'6 0.24% 31.76 6.47 7.29 Pressure 0.63 5436 I' 53.39 52.74 0.00 49.87 48.23 INL-I9C MH-31 1.5 0.38 0.56 0.56 11.8 11.83 7.08 3.94 36' 18" 250% 0.14% 16.60 9.40 8.49 Pressure 0.07 5105 TC 52.79 52.74 0.00 49.55 48.65 MH-31 MH-19 0.00 6.52 16.53 6.14 40.03 88' 36" 0.50% 0.36% 47.15 6.67 7.90 Pressure 0.19 53.12 P 52.74 52.42 0.00 48.23 47.79 INL-19A MH-I9 0.6 0.60 0.33 0.33 11.6 11.56 7.14 2.38 12' I8" 6.MeT, 0.05% 25.72 14.56 8.83 Pressure 0.02 52.85 'IC 52.43 52.42 0.00 49.35 48.63 INL-19B MH-19 1.9 0.60 1.14 1.14 13.0 13.00 6.81 7.74 42' 18" 3.00% 0.54% 18.19 10.29 10.72 Pressure 0.07 52.85 TC 52.65 52.42 0.00 49.35 48.09 MILT 9 MH-I8 0.00 7.99 - 16.72 6.12 48.86 200' 36" 0.20% 0.54% 29.82 4.22 6.91 Pressure 0.48 52.66 P 52.42 51.35 0.00 47.79 47.39 INL-I8A MH-IS 0-5 0.60 0.32 0.32 11.6 11.56 7.14 2.29 12' I8" 6.00"i, 0.05% 25.72 14.56 8.66 Pressure 0.02 52,85 IC 51.36 51.35 0.00 49.35 48.63 INI:I 8 MI I- 2.8 0.60 1.70 1.70 11.8 1378 6.63 11.27 42' 18" 41111",, 1.15% 21.00 11-88 12.98 Pressure 0.05 52.85 IC 51.83 51.35 0.00 49.35 47.67 MIL-HiMH-17 0.00 10.01 17.20 6.05 60.60 151' 30" 1120"n 0.83% 29.82 422 8.57 Pressure 0.30 52-66 P 51.35 50.08 0.00 47.39 47.08 !NI.-I 7 MH-17 0.4 0.60 0.26 0.26 II.3 11.31 7.20 1.84 12' IS" 600",, 6.00% 2572 14.56 7.66 17% 0.03 53.09 IC 50-07 50.07 0.00 49.59 48.87 INL-17B MH-17 1.5 0.60 0.89 0.89 13.8 13.78 6.63 5.87 42' 18" 4.00';, 4.00% 21.00 11.88 11.24 Transition 0.06 53.09 TC' 50.22 50.07 0.00 49.59 47.91 MI-1-17 FES-3 0.00 11.15 17.50 6.02 67.08 215' 42" 0.50% 0.50% 71.22 7.40 8.77 85% 0.41 52.84 P 50.07 48.99 0.00 47.08 46.00 Manhard Consulting,Ltd. 2/6/01 ) ) ) ) stonn4 k ).xls r r t-r , ufary�lrea > . 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"Y't'i4i (` INL-2013 INL-20A 1.7 0.72 1.26 1.26 141 14.06 3.52 4.42 K8' IS" I.00"a I.00% 10.50 594 6.17 51% 0.24 52.49 IC 49.76 48.88 0.00 49.00 48.12 0.20' INL-20A FES-4 13 093 1.19 2.45 10.8 14.30 3.49 8.55 50' 18" 3.84% 3.84% 20.58 11.64 12.06 50% 0.07 52,49 TC 48.67 46.75 0.00 47.92 46.00 I ) ) 1 same_ GRAPpC 9CAIE y 1 a ® .a - It. it ,/ a ii �r 7 Ili i i, Lg o a o ° • i ./// li !. ill T- -- -Cl -:-.;--t-t-C---iiiiiiiiiilliallitaii .. -1-tiliit, - -- ---#'20' ,e// a i /1/.// • €� rase, '® Avis j: „W.=- — I* ) ;0 \ • Lu - I tek - IC*r. <v ....... radealgatill Sailliltildit .i...%•J iiii 0 1 : Oi 1SW �r a It k j "m :*1 :jai( / ill . .. 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O ti Q id I ".o..4,0) rim.........,1***;NIgity, ill 17.,,m1 1 ' 04 I ' ski .�.w _llIWl ;i a 1 I \\ '\ ,c J - 4827 I--, I i. ti, I r.a., 'ire' / r.� .`y V`. �.�/�b 5 i t ..:i�n ("`' L+ I t j/ /� / 1n��_./� �uI saga ' =e«^f -1L��;_ _ M 2 __� �I • - ��6 .. •..yL.. • rx ?1 / 7-, 4$33 , !- C _ }Vim �11 iii - x N _ �� ' I Pia y _ �- I, mo P �.6 ; i 1 I i f / ) il)/3z/ ea I ., � / /.56� t r SITE-1,rb� `' /_,, °;. �C jr.:9a • Je 8 '` �\ fir— 1 --•----- `) r� r) (tb / SRI � ' F. ->- --‘ -d" I- ( °�'� „.• C0ft '°tea , Rinn i - 'In •° 15 / 16 • J 4 _\ )1 % l `4t�, r H �1\ Li F> o \ :Y �' _ r n, \ . LOCATION MAP N.T.S. "•,-NI maw gm poi i mull uuuraucc purpose —— sadly show all areas subject to floodii all planimetric features outside special Rc For adjoining map panels, see separate) ' Panels. 4 II ,. 2 .. • INITIAL IDENTIFIC! MARCH 21, 197 FLOOD HAZARD BOUNDARY r 4 FLOOD INSURANCE RATE M, °I 19 / — MARCH 18, 19 FLOOD INSURANCE RATE Mi SEPTEMBER 28. 1982 :Panel revised to r (i42.ld <E,,,,A-y 10 {LRAA/FE MA r ZONE C pc I ?5-7E0 —_ u o ZONE C RINN ) To determine If flood Insurance is avallat / IS contact your Insurance agent,or call the Na q Program at(800) 6384620. `scb 0 It II APPROXIMATE SCAL N_... }j0 I---I i---. t—i 2000 0 11 1 II / _, il ZONE of ® NATIONAL FLOOD INS /. . 2z ./.------ // 23 n ratty MONO.AS . r Exhibit CC includes oversized maps (Sheets 26 and 27 of 30 - Drainage Plans North and South) See original file ceimson P.O- Sox 247 12460 1st Street Eastlake,Coloreoo 80C: Office: 3O.3./457 +ki6h Fax, 303/280-2:)'/ti February 23,2001 Weld County Department of Planning Services Attn: Monica Daniels Weld County Administrative Offices 1555 N. 171°Ave, Greeley,Co. 80631 Dear Monica, We have met and discussed with Katie Kinney of the Colorado Division of Wildlife about the prospect of conveying the"Outdoor Classroom"area at Idaho Creek to the DOW. She has expressed a great deal of interest in the idea and has begun the process through which we will donate the property to them. However, we will most likely not have the conveyance done in time for the March 7, 2001 "Final POD"hearing for Idaho Creek. As the developers of Idaho Creek, we agree to diligently pursue such a donation to the DOW following the hearing. In the event that we are unsuccessful in conveying the property to the DOW for whatever reason, we agree to revert back to the plans in which we were originally going to develop the"Outdoor Classroom" ourselves and convey the area to the HOA, whom will be responsible for it's maintenance. Thank you for your time and consideration on this matter. Sincerely, ey 132, L.L.C. (Owner) 2001-0656 EXHIBIT s#55 Z ' d 6ZQZ ' °N '0NI S3IVI00SSV N0S13V0 IIVE0 : 01 I00Z ' LZ ' 9ad MONICA Mika- SOAKCRK.PLN Page 1 Memo To: Monica Mika-Daniels From: Rick Dill Subject: Oak Creek Project Date: February 27,2001 A list of suggested street names was provided and checked against the county-wide address data base. Duplicate names were identified and Mr Carlson was informed of acceptable names on January 19, 2001. Mr Carlson provided photographs of the water bodies west of the proposed development. After reviewing the nature of the waterways and ease of access from surrounding banks,my concerns about accessibility by small children does not rise to the level of requiring fencing or a barrier to access from development residents. A bus shelter has been included in the plan and coordinated with the St Vrain Valley School district regarding placement. A shelter and reasonable placement were the main concerns in this regard and that has been addressed. Centralized mail distribution is addressed in a similar manner. Mr Carlson indicated willingness to include traffic calming features in the development and requested I indicate where such features,which could include speed humps,raised crosswalks/intersections, dips, etc., should be employed. I told Mr Carlson a professional familiar with traffic design should be consulted for placement of devices as appropriate. Mr Carlson told me he would do so and incorporate such features into the street plan. Our concerns would be addressed if this were done. I was also provided a copy of the covenants which create a home owners association and fees as a means of funding. Because this is not a managed community, a HOA with funding to retain legal counsel appears the best alternative available. This will provide a community entity the Sheriffs Office can work with to address community issues. The Sheriff's Office has no further issues with this proposal at this time. cc: Ryan Carlson EXHIBIT 3 #55'y BULK STUDY IDAHO CREEK SUBDIVISION -4,z WELD COUNTY, COLORADO BLOCK 1 , LOT 47 [-10' REAR SETBACK I 5' SIDE 5' SIDE SETBACK L STOOP C. n� SETBACK 2&00' • TYPICAL HOME .(CHALET 228.1074) a 8 A r 10.00' a 11.00' 1----18 GARAGE SETBACK .— I t DRIVE- II G---- 10' FRONT SETBACK WAY iI i_ — _ R.O.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF i AVG LOT SIZE 3106 SF € r MIN SETBACK 5 FT 20 FT4 EXHIBIT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT Fr MIN SETBACK REAR 10 FT 20 FT #554/ MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT il MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% g GRAPHIC SCALE I DATE REVISIONS 20 0 10 20 40 Y BY 8 a' ( IN FEE[) 1 inch •• 20 ft. 8 02-08-01 REVIISEDPEER COUNTY REVIEW RLT.MANHARD WIVSfJLTIML� IDAHO CREEK SUBDIVISION ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Or. Littleton, Colorado 80124 BULK STUDY tel: 303/708-0500 fax: 303/708-0400 http://wn.MANNARD.com RELEASE DRAWN is S S.E.5. DATE, I I/2 9/t�O SCALE. I '-2O'CODE.KBCWCC PROJECT.C71B O BULK STUDY • IDAHO CREEK SUBDIVISION ,- N WELD COUNTY, COLORADO BLOCK 9 , LOT 12 40' TYPICAL [10' REAR SETBACK 1 • 5' SIDE -1 5' SIDE SETBACK SETBACK y ► CONC. STOOP 26.00' J Q TYPICAL HOME U (CHALET 228.0951) d c >- e h e\. N P4 N 10.00 O all _ 6.75' L_ ^ 11.25' l i DRIVE- r I WAY I y1I 10' FRONT SETBACK----- I `-18 GARAGE SETBACK R.O.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF r AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT 1 MIN SETBACK REAR 10 FT 20 FT r MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% i Y GRAPHIC SCALE 20 0 10 20 DATE REVISIONS By � 40 � 6 ( IN FEET ) E 1 inch = 20 ft. f 02-08-01 �IRE,VIIS.�E'�Dyy��PEER.� COUNTY REVIEW RLT ��lAlYt�AiNJ WN ,TiLTu IDAHO CREEK SUBDIVISION ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY 3 lel: 303/708-0500 lax:303/708-0400 htlp://www.MANBARD.cam DRAWN By. RELEASE I 1229/00 SCALE. I •. 20'caoE, C11B a S.E.S. DATE, KBCWCC PROJECT. 8 BULK STUDY IDAHO CREEK SUBDIVISION ,---;\ WELD COUNTY, COLORADO BLOCK 1 , LOT 58 IP / 9T Pct ,,0 / Phi /O \ / / A I SET IDE _QACK ' SIDE S / SETBACK tr, / \ 30.00' / i, TYPICAL HOME I -(NANTUCKETT 2301524) / N O \ 4.DD' 0 / 1 (NI' O I 6.00 _ / n ro N I - 20.00" II 18' GARAGE SETBACK ---1 I DRIVE- I - --10' FRONT SETBACK i WAY I \ e�W ACTUAI E1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE DATE I REVISIONS BY 20 0 10 20 40 ( 114 FEET ) o 02-08-01 REVISED PER W�COUNTY TY REVIEW R RLT 1 inch = 20 ft. .NfANIIARD •[jI,Fljip IDAH0 CREEK SUBDIVISION ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY lel: 303/708-0500 fax: 303/708-0400 kltp://wn.NANIIARD,com DRAWN BY, S.E.S. Vet EE I I/29/00 SCALE, I . 20' CODE,KBCWCC PROJECT.C11g Exhibits GG thru NN are oversized maps See original file Weld County Planning Dept. LOAr OCT 062000 �4 gFra RECEIVED 6flirt DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION COL 0R AV Civic Center Complex/Longmont, CO 80501 (303)651-8330/Fax#(303)651-8696 E-mail: lorzynontplanning@ci.longmont.co.us Web site: http://www.ci.longmont.co.us October 4, 2000 Fri r : � Ms. Monica Daniels-Mika Weld County Planning Department 1555 N. 17`h Avenue tad Greeley, CO 80631 RE: Case Number: S-554 Dear Monica: Thank you for sending the Idaho Creek PUD final plat application to the City of Longmont for our review and comment. The property is about 100 acres and is located south of SH119 and on either side of WCR7'h extended. The City has responded to previous applications concerning this property so you have the benefit of those comments. At this final stage of the planning process, we note that there still are plans to dedicate land for an elementary school on the west side of WCR7'h (an arterial) and have the residential portion of the development on the east side of WCR7'/z. We support the dedication of land for an elementary school site so that an essential public facility can be provided to serve the urban development in the area. We also note that the developer's agreement with the St. Vrain Valley School District (SVVSD) indicates that the developer will be responsible for removing the school site out of the flood plain. However, we did not notice how adequate and safe pedestrian circulation will be provided between the proposed residential area on the east side of the arterial and the school site and open space on the west side of the arterial. We trust that if not already done so in your review process, that Weld County, the SVVSD, and the applicant will resolve this issue prior to Weld County granting final approval. Again, thank you for giving the City an opportunity to review this application. If you have any questions, please call me at 303/651-8326 or send e-mail to froda.greenberg@ci.longmont.co.us. 4 EXNll*It ' ` ,yaw. ,_.�,_ x .1ao.§.s,,nm,� ms;° ssmx Sincerely, Froda Greenberg, AICP Principal Planner xc: Phil DelVecchio, Community Development Director Brad Schol, Planning Director File: #2050-10n7 r ' P.U.D Final Plan COLORADO CASE NUMBER: S-554 PLANNER: Monica Daniels-Mika APPLICANT: Kent Carlson / Idaho Creek ADDRESS: P.O. Box 247, Eastlake, CO 80614 REQUEST: A Planned Unit Development Final Plat for 353 Residential Lots in the Mixed Use Development Area LEGAL DESCRIPTION: NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to WCR 7.5; and approximately 1/8 mile south of State Hwy 119. ACRES: 100 PARCEL# 1313 10 000063 The Department of Planning Services' staff has received referral responses from the following agencies: Weld County Sheriff's Office - 9-22-00, 12-4-00, 2-27-01 Weld County Building Inspection - 9-28-00 Weld County Public Works - 10-17-00,1-30-01 & 3-5-01 Weld County Department of Public Health and Environment - 10-9-00,10-17-00 Weld County Assessor's Office via phone call Department of the Army - 9-22-00 Longmont Soils Conservation district - 9-19-00 Left hand Water District - 9-29-00 Town of Frederick - 9-29-00 City of Longmont - 10-4-00 St Vrain Valley School District - 10-11-00 Colorado Water conservation Board - 9-22-00 Mt. View Fire District - 9-27-00 St. Vrain Sanitation District -11-6-00, 2-21-01 Colorado Division of Wildlife (Katie Kinney 2-01 via personal contact) Weld County Attorney's Office via staff view Colorado Department of Transportation - 3-6-01 The Department of Planning Services'staff has not received referral responses from the following agencies: EXHIBIT Colorado Oil and Gas commission --PPTown of Firestone P Boulder County S #59 1 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27- 7-40 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code as follows: a. Section 27-7-40.C.1 --That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this Code and any Intergovernmental Agreement in effect influencing the PUD. 1) No Coordinated Planning Agreements influence this site. - 2) The Board of County Commissioners approved case Z-524 for a PUD Change of Zone from A (Agricultural)to PUD residential for 364 residential units for this property on October 6, 1999. 3) A.Policy 3, Chapter 26 of the Weld County Code, states, "the conversion of agricultural land to residential, commercial, and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area or 1-25 Mixed Use Development area and urban development nodes."This site is located within the Mixed Use Development Area and is not influenced by a municipal urban growth boundary. 4) The Conditions of Approval ensure compliance with the Mixed Use Development Plan. b. Section 27-7-40.C.2--That the USES which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II of the County Code. At the time of the Change of Zone application the applicants sought approval for a modification to the performance standards to allow a reduction in minimum lot size from 6000 square feet to approximately 3000 square feet lots and an overall decrease in setbacks: Front House = 10 feet Front Garage = 18 feet Rear House = 10 feet Side House = 5 feet The applicant has submitted evidence demonstrating that the design as proposed will adhere to these modification. The Department of Planning Services met with the applicant to discuss the safety concerns of residential structures located in close proximity with oil and gas facilities. In April of 2000, the Department of Planning Services suggested that a 350-foot oil and gas buffer, consistent with the R-5 zone district, should be applied to this site. The applicants are proposing a 250-foot buffer area with a landscape and burmed area. 2 The proposed PUD is served by an internally paved road system. The proposed PUD has been designed to accommodate pedestrian circulation and travel. All streets in the PUD are proposed to be publically maintained. When the school site is developed, a pedestrian signal will be required. The developer shall escrow the costs of pedestrian signal. Fifty percent of the site is proposed for common open space. Common open space shall either be owned and maintained in perpetuity by the Home Owners Association or another not for profit agency or organization qualified to hold a conservation easement with a demonstrated ability to maintain the site in perpetuity. A ten acre school site has been designated for the St Vrain school district. The open space area has been designed as a open classroom and shall provide educational opportunities for the residents of the subdivision and the area. - Amenities shall be provided to ensure the successful use of this educational component. Tract N is defined as a"Tot Lot"with site amenities to be defined in the landscaping plan. Additionally, other areas of trails have been designed to accommodate pedestrian site circulation throughout the subdivision and the region. The trails have been designed of both hard and concrete surfaces. The overall design and compatibility of this site is consistent with or exceeds the site design standards of adjoining existing residential uses. The site is also contiguous with a commercial area and does share a southern boundary with agricultural land. A portion of the site has previously been mined. c. Section 27-7-40.0.3 --That the USES which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. This property is located within the Mixed Use Development area and is not located in the Comprehensive Plan of an affected municipality. The overall proposed densities are similar to mobile home (R-5) subdivisions, located throughout the County. The setbacks and lot sizes of the parcels are generally smaller than those found in the (R-5) zone district. The MUD area has been designated to encourage a mixture of residential housing options and the Planned Unit Development(PUD) process affords the opportunity to deviate from established performance standards. d. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed PUD in compliance with the Performance Standards in Article II of this Chapter. The applicants have provided a tap commitment water letter which has been reviewed and approved by the Weld County Attorney's Office. Sanitary sewer for the site is provided by St Vrain Sanitation District. 3 e. Section 27-7-40.C.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. Traffic impacts have been reviewed and addressed with the proposal to construct appropriate facilities. Fourteen percent(14%) of the cost of a traffic signal at WCR 7.5 and State Highway 119 shall be escrowed for installation of that signal when warranted. f. Section 27-7-40.C.7--That there has been compliance with the applicable requirements contained in the Chapter 23 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. A portion of this site is located within the Federal Emergency Management Administration (FEMA)defined 100 year flood plain. On February 12, 2001, the applicant received a Letter of Map Amendment\Determination Documentation from(FEMA)asserting that the property has been removed from the subject of determination from the Special Flood Hazard Area, however local flood permits may be required. The Weld County Sheriff's Office reviewed this case and suggested several design standards which according to a 2-27-01 letter have been incorporated into the overall design of the site. g. Section 27-7-40.C.8 --If compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The PUD Final Plan conforms with the approved Change of Zone plat. This recommendation is based, in part, upon a review of the application materials submitted by the applicant,other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: a. The applicant shall submit and receive approval from the Weld County Attorney's office for the proposed covenants or other legal documents pertaining to the maintenance and ownership of the open space. A recorded copy of the approved covenants shall be provided to Department of Planning Services. b. The applicant shall receive approval for the proposed Landscaping and Site Amenities Plan. The plan shall meet the requirement of Section 27-2-100 of the Weld County Code. The landscaping plan shall include site amenities for the open space and park areas to include but not limited to park benches, lighting, signage, fencing, and pathways/trails. c. The Final Plat shall not be recorded until a Improvements Agreement or contract has been entered into and receive approval by the Board of County Commissioners. Any such agreement or contract shall be made in conformance with the Weld County policy on Collateral for Improvements. 4 d. The applicant shall provide evidence that all possible class three mineral extraction has occurred on this site. e. The applicant shall provide evidence that the Weld County Public Works Department and St Vrain School District have agreed to the school bus pick up location. f. The applicant shall revise the open space agreement to show the future owner of the open space parcel as the Homeowners Association (HOA) or a non profit agency as previously defined. g. The applicant shall provide evidence that a signed agreement has been reached between the applicant and HS Resources, Inc. h. The applicant shall provide an electronic file of the Plats in Auto Cad 2000 version to the Department of Planning Services. The applicant shall provide the construction plans for the utilities showing the location of the fire hydrants, the size of water mains, and available fire flows to the Fire District for review and approval. Spacing between hydrants does not exceed 500 feet ,and a hydrant is located within 250 feet of the front of the property lines of all lots. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure or 20 pounds per square inch, is required for one and two family dwellings not exceeding 3,600 gross square feet. Hydrants shall be spaced no more than 300 feet apart in commercial portions of subdivisions (the school site) and a minimum fire flow of 2,500 g.p.m. at 20 p.s.i. is required. The installation of fire hydrants, water mains, and access roads is required to parallel construction and storage of combustible materials on site. j. The applicant shall provide to the Fire District an eight and one half by eleven inch map of the subdivision showing the street configuration, street names, hydrant locations and addresses of the lots. k. The applicant shall demonstrate that the proposed improvements at State Highway 119 have been included in the plan and bonded. Current plans submitted for WCR 7.5 propose construction of only two lanes of the ultimate roadway. If the Board of County Commissioners decline to require the applicant build all four lanes of the roadway (see page 9, 3.r), the Department of Public Works requires sufficient roadway design to ensure the second of two lanes of the roadway plus the median can be constructed. m. The applicant shall receive approval from the Weld County Public Works Department for the revised drainage study which was submitted on 2-24-01. n. The plat shall include the following: 1) A redesign of the oil and gas buffer to be in conformance with as a 350 foot oil and gas setback. 5 2) The intersection sight distance triangle shall be shown on the plat. 3) One designated school bus drop off and pick up area. This facility shall be designed to provide an all weather facility for the students. 4) A fencing plan including and not limited to the Oil and Gas Buffer area shall be reviewed and approved by the Weld County Sheriff Office and the Department of Planning Services staff. The fencing plan shall contain all security issues related to the ponds, ditch, and oil and gas areas defined on the plat. 5) All rights of way reservations shall be delineated on the plat. 6) A listing of all-tract designation and type of trail construction in each defined area. 7) Typical sections for internal and external roadways shall be provided. The required right-of-way for internal and external roadways shall be dedicated to the County. 8) The proposed public parking areas as defined in the open space/school site location must be ADA compatible and meet the design criteria of Weld County Public Works and Weld County Building Inspection. Appropriate lighting shall be required and approved by Weld County Planning Staff. 9) At the intersection of Idaho Creek Parkway and WCR 7.5,the applicant shall provide a pedestrian crosswalk approved by the Department of Public Works. 10) The location and type of signs, including open class room shall be placed on the plat. All signs shall adhere to Section 26-2-90 of the Weld County Code. 11) The vicinity map of the site shall be defined to include the entire site. 12) The reference to the rest station areas shall be relabled as information areas. 13) The certificate of approval shall be redrawn to show a signature block for the Board of County Commissioners. 14) The following Utility Board condition shall be placed on the plat: a. The Rural Ditch shall be delineated with a 30' foot easement and identified on the Utility Plan. b. All space with tracts A through K and M, shall be identified on the Utility Plan. 6 c. The open space adjacent to WCR 7.5 and Lots 26 through 29, Block 2, shall be identified as a tract and be used as a utility corridor. 2. Prior to Building Permits: a. Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. b. Building permits are required for any accessory buildings being constructed or moved onto property. c. Separate building permits are required for all monument signs. Signs shall adhere to Article IV, Division 2 of the Weld County Code and Appendix 26-M of the Weld County Code as applicable. Engineering may be required. d. Engineered foundation are required for all primary residences and may be required for accessory buildings. Engineered foundations shall be based on a site-specific geotechnical report or an open hole inspection performed by a Colorado licensed engineer. Any fill material shall contain no rock or similar irreducible material with a maximum dimension greater than 12 inches. All fills shall be compacted to a minimum of 90 percent of maximum density. Engineering reports shall be supplied for all fill material. e. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. f. Development documents shall be supplied to the appropriate fire district for their review. g. Effective December 1, 1999, Building Permits issued on the proposed subdivision will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. (Chapter 20, Article II of the Weld County Code) 3. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: a. Utility provisions shall be placed on the plat in accordance with those utilities approved by the Utility Board and each utility provider. b. The Bulk Requirements and setbacks as approved at the time of the Change of Zone shall be delineated on the plat and shall apply to all parcels in this subdivision. c. As stated in Chapter 26 of the Weld County Code, the maximum lot coverage shall not at any time exceed fifty percent (50%). d. Setbacks to oil and gas facilities shall be as required in the (R-5) Zone District as stated in section 23.3.160.f of the Weld County Code. 7 e. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency (FEMA) Community Panel Map 080266 0850 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23 of the Weld County Code. f. The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works,Weld County Department of Public Health and Environment, and the Weld County Department of Planning Services. g. Educational facilities shall fall under the building and electrical requirements of the State of Colorado. h. Water service shall be provided by Left Hand Water and sewer service provided by - Saint Vrain Sanitation District. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Slit fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. j. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. k. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five acres of land must incorporate all available and practical methods which are technically feasible and economically reasonable in order to minimize dust emissions. If land development creates more than 25 acre contiguous disturbance, or exceeds six months induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. m: Weld County's"Right to Farm"from Chapter 22 of the Weld County Code, shall be placed on the plat. n. Fire apparatus roads must by designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all- weather driving capabilities. Access roads shall be maintained when building construction begins. o. Street intersections must be marked with signs showing the street name and address range when building construction begins. If non-standard street signs are used,the Fire District respectfully requests to comment with regard to sign visibility. p. All intersections shall have stop signs for two way stop control and street name signs. 8 q. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. r. Weld County Road 7.5 shall be constructed by the developer at its full width, and meet Chapter 26 of the Weld County Code. s. All outdoor storage shall be screened from public rights-of-way, and adjacent properties. t. All development shall adhere to all requirements of the Mountain View Fire Protection District. u. The maximum permissible noise level shall not exceed the residential limit as measured according to 25-12-103, Colorado Revised Statutes. v. All single-family residences shall have a legible address that is clearly visible from the street fronting the property. w. Effective December 1, 1999, Building Permits issued on the proposed subdivision will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. (Chapter 20, Article II of the Weld County Code) x. Approval of this plan may create a vested property right pursuant to Chapter 23, Article VIII of the Weld County Code. y. The applicant shall comply with Chapter 27, Article VIII. 4. The Final Plat shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. m:wpfiles\wendi\monica\idahocomments.wpd. 9 a i k'r „e„. l " ti Zoning—Zone Districts Div.2,Residential Zone Districts i''• 9 c. For the purpose of this Subsection, the Sec.23-3-210. C-1(Neighborhood tap,i ends (width) of MOBILE HOMES that are Zone District � ( greater than sixteen (16) feet in width shall be i- considered to be sides (lengths) of MOBILE A. Intent. The purpose of the C i'a ' HOMES for the purpose of measuring offset is to establish and preserve areas for, °,3i • provide convenience goods and se,%ta, d. ACCESSORY BUILDINGS and for the residents of a specific NEIe 0 ' i e STRUCTURES on the same lot or space as a The C-1 Zone Districts shall be lo. t. Fl rl a MOBILE HOME shall have a minimum rear and operated in a manner that mint 2h „?, ,i. - and side yard OFFSET from the lot line of five able impacts of the allowed commereit v (5)feet. NEIGHBORHOOD in which they ark., S E e. Commonly owned or utilized BUILD- B. Uses Allowed by Right .,l .1 •'z to i INGS which are ACCESSORY to the subdivi- STRUCTURE or land shall be # sions shall have minimum side and rear BUILDING or STRUCTURE shard, N '. N YARD OFFSET from the LOT line of ten(10) erected, structurally altered, enlarges,.1, feet. in the C-I Zone District except for oLE.r the following USES, which must 4k4,. i" l f.,r No BUILDING or STRUCTURE shall ENCLOSED BUILDINGS and in pe`- be constructed within a three-hundred-fifty- the performance standards contained I'' foot radius of any OIL AND GAS PRODUC- 250 below. No outside storage will b It ' •", TION FACILITIES. Any construction within C-1 Zone District. USES withi i t1. ,4" 5. a three-hundred-fifty-foot radius of OIL AND District shall also be subject to ado SF GAS PRODUCTION FACILITIES shall re- ments contained in Articles IV and 49 quire a variance from the terms of this Chapter J N in accordance with Section 23-6-10 C. (Weld 1. Stores and shops which Ow County Codification Ordinance 2000-1) services and merchandise pri ll; i • t personal, family or household s 4. residents of the area in which that 0 Div. 3. Commercial Zone Districts Individual stores or shops may no it, FLOOR AREA greater than l4:,m,. Sec.23-3.200. Intent. (3,000) square feet. Stores and sya'* Zone District may not have bust a, 4 The C-1,C-2,C-3 and C-4 COMMERCIAL Zone any part of the period between:fit, w '; Districts are intended to provide safe, efficient areas 6:00 a.m. Examples of prope les' c . fi in which to offer goods and services at wholesale or include: convenience food Stir; E ' retail. The regulations contained herein have been stores, barber or beauty shops tl jh? 5 established so as to provide for COMMERCIAL cleaners and coin-operated laund 8 areas in the COUNTY which meet the needs of the , COUNTY residents and visitors for goods and 2. RESTAURANTS not iil services, without creating adverse effects on sur- having a total customer seating�<1, rounding uses or on the area in which the Zone than one hundred (100) and mph" District is established. These regulations are also TAURANT operations includiny,£a,. designed to promote the health, safety and general food or beverages to customers At' welfare of the present and future residents of the premises or RESTAURANT of l' : v COUNTY. (Weld County Codification Ordinance predominantly off-premises et,— ix, 2000-1) nature. "r- / a E EXHIBIT /� 0 0 0 z I S 1554 N 23-100 a�. Zoning—Zone Districts Div.2,Residential Zone Districts—Sec 23-3-1,,'" .4, _ requirements contained in Section 23-3-160 below. 1. USES listed as ACCESSORY USES,I„ ACCESSORY USES within the R-5 Zone District the R-1 Zone District. are also subject to the additional requirements con- . tallied in Articles IV and V of this Chapter. Note: D. Uses by Special Review. The follow r•, The combined GROSS FLOOR AREA of all BUILDINGS, STRUCTURES and USES mays,; ; ACCESSORY BUILDINGS constructed after the constructed, occupied, operated and maintainer original effective date of this Chapter (August 25, the R-5 Zone District upon approval of a perms 1981) on LOTS in an approved or recorded subdivi- accordance with the requirements and procedures,!• sion plat or LOTS part of a map or plan filed prior to forth in Article II, Division 4 of this Chapter. i adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four 1. USES listed as Uses by Special RevW., percent (4%) of the total lot area, except in the for the R-1 Zone District. (Weld County Cod'l,t Mixed Use Development Area (MUD), which shall cation Ordinance 2000-1) if VD adhere to MUD development standards. However, in . no case shall such an accessory building exceed Sec.23-3-160. Bulk requirements. rs:, twice the gross floor area of the primary residence on I the lot except by variance. Any accessory structure The following Tables 23.4 and 23.5 list the made nonconforming by application of this Subsec- Requirements for the R-1, R-2, R-3, R-4 and a, tion may be repaired, replaced or restored in total. Zone Districts. tr ry, Table 23.4 r; Bulk Requirements for R-1, R-2, R-3 and R-4 Zone Districts -. Section Requirement R-1 R-2 R-3 ,ct' A. Minimum LOT size(sq. ft) 6,000 6;000 6,000• 6,I c,,i. B. Minimum LOT area per residential STRUCTURE (sq. ft) 6,000 4,500 4,500 3; 21,I C. Minimum LOT area/unit (sq. ft.) 6,000 3,000 3,000 1, 4t,; D. Minimum SETBACK(feet) 20 20 20 2s . E. Minimum OFFSET (feet). Fences are not required to 5 feet, or 1 foot for each 3 f ;s ,' comply with the minimum OFFSET and may be located BUILDING HEIGHT, whichev on the property line greater <v . F. Maximum BUILDING HEIGHT(feet) 30 30 30 'Cr G. Maximum LOT coverage (%) 50 60 60 / H. Maximum number of ANIMAL UNITS permitted per 2 per LOT. Subject to the addit> LOT requirements of Section 23-4 ,;,;, ANIMAL UNITS are not per 4,, in the R-2, R-3, R-4 and R-5' 44 ,: Districts. riii,r : Y.l 23-98 W.' I u 4DistrietS Div.2,Residential Zone Districts—Sec.23-3-160 t7a = s m r m 4 , 5II . f R g Table 23.5 Bulk Requirements for R-5 Zone District yd =R5 RS, a: Requirement. 7) (Mobile Home Park)'1 (Mobile Home Subdivision)' ( imum LOT area(sq.ft.) N/A 6,000 I s imam LOT width(feet) N/A 50 �fi � j vik"mum SETBACK OFFSET(feet) See Note t below and See Note t below and 1A`I M' Subsection L.1 Subsection L.1 k 1 mt yard SETBACK in MOBILE HOME PARKS and MOBILE HOME SUBDIVISIONS shall be twenty(20)feet. 7 r. i..t rant yard setback for MOBILE HOME PARKS approved prior to January,25, 1978, and MOBILE HOME a' 1 t mil .approved prior to January 1, 1965,shall be zero(0)feet. The location in these parks and subdivisions for MOBILE i ,'; Ollie such that no MOBILE HOME or attached portion of a MOBILE HOME will encroach the nearest travel land or the ilk t;74, 'fill/all,flow line of the ADJACENT road or sidewalk ADJACENT to the MOBILE HOME. n J ry'um side yard OFFSET and minimum e. A MOBILE HOME shall have a mini- I)OF SET. mum OFFSET of five (5) feet from the ,, perimeter of the MOBILE HOME PARK or 9+e side and rear yard OFFSET require- from any ADJACENT property which is not i OBILE HOME PARKS shall be based approved to be utilized for a MOBILE =l5ance between MOBILE HOME units HOME. Aitom the closest point or edge of the OME as follows: f. ACCESSORY BUILDINGS and Ill % STRUCTURES on the same LOT or space as en (10) feet between MOBILE a MOBILE HOME shall have a minimum P,I ` if the units are placed end (width)to clearance of ten (10) feet from any STRUC- ir\" a ). TURE or MOBILE HOME on any other LOT. 1. r. ifteen (15) feet between MOBILE g. Commonly owned or utilized BUILD- +Ptl , if the units are placed side(length)to INGS which are accessory to the park shall length). have a minimum clearance of ten (10) feet from any other STRUCTURE or MOBILE A welve and one half(12.5)feet between HOME. II° HOMES if the units are placed sideet 1I) to end(width). 2. The side and rear yard OFFSET require- ments in the MOBILE HOME SUBDIVISIONS n s ,: For the purpose of this Subsection, the shall be as follows: ° r, r,, .'idth) of MOBILE HOMES that are than sixteen(16)feet in width, such as , . v- a. The side(length)of a MOBILE HOME , r`9 tlll-wide MOBILE HOMES, shall be con- shall be placed no less than seven and one half , %s +� to be sides of the MOBILE HOME in r + " (7.5)feet from any rear or side yard LOT line. 1+' (rng distances between MOBILE 1 1 �ts 1p al units. b. The end (width) of a MOBILE HOME 1 la ,,s- ¢') ,, shall be placed no less than five (5) feet from ) any rear or side yard LOT line. fit' 4' ". 23-99 ' y ^ rt s�L11 n( 'ttrTst. r Davis Graham & Stubbs LG ' Y j R A, g: q? March 6, 2001 RErL /rim VIA FACSIMILE TO 970-304-6498 Weld County Board of County Commissioners Weld County Centennial Center 915 - 10th Street, 1St Floor Greeley, Colorado 80632 Re: Docket#2000-58 Idaho Creek Planned Unit Development, Final Plan, S # 554 E/2NW/4 and W/2NE/4 , Sec. 10, T2N, R68W, Weld County, Colorado Dear Commissioners: On March 7, 2001, the Weld County Board of County Commissioners (the"Board") will consider as Docket #2000-58, the Final Plan, S # 554, for the Idaho Creek Site Specific Development Plan and Planned Unit Development (the "Development Plan") of Bromley 132, LLC and Parkwood Partners, LLC (collectively, the "Owners") covering a portion of the lands in the E/2NW/4 and W/2NE/4 of Section 10, Township 2 North, Range 68 West in Weld County, Colorado (the"Property"). HS Resources, Inc. ("HSR") is the owner of oil and gas leasehold rights in the Property. The oil and gas leasehold rights have been of record since 1972, and HSR separately notified Owners of HSR's leasehold rights in mid-1999. This firm represents HSR. As part of the permitting obligations of Owners, the Development Plan must accommodate HSR's oil and gas leasehold rights. During the past year, Owners and HSR have been negotiating a Surface Use Agreement which will allow HSR to develop its oil and gas reserves underlying the Property, notwithstanding the Development Plan. Enclosed is an unexecuted copy of the Surface Use Agreement which HSR is willing to execute, subject to three (3) conditions precedent: First, the Board must give its final approval of the Development Plan. Second, all of the parties to the Surface Use Agreement must execute the Surface Use Agreement. Third, the cash payment contemplated in the Surface Use Agreement must either be received directly by HSR, or it must be irrevocably funded into an escrow account which is mutually acceptable to Owners and HSR. If the Board decides to approve the Development Plan, HSR requests that the Board makes its approval subject to the Second and Third conditions set forth above. HSR will provide a letter to the Board and Owners once the Second and Third conditions are met. EXHtESIT' 1550 Seventeenth Street • Suite 500 • Denver, Colorado 80202 • 303 892 9400 • fax 303 893 1379 www.dgslaw.com '-' Weld County Board of County Commissioners March 6, 2001 Page 2 We look forward to hearing from you. If you have any questions, please do not hesitate to call me at 303-892-7398, or Mel Stahl at HSR at 303-296-3600. Very truly yours, Mark D. Bingham, Esq. for DAVIS GRAHAM& STUBBS LLP MDB/ Enclosure cc: James P. Wason - HSR(w/o encl.) Mel Stahl—HSR(w/o encl. Via fax to 303-296-3601) James E. Brown, Esq. - for Owners (w/ encl.) r r SURFACE USE AGREEMENT AND EASEMENT (Existing Well and Future Wells) This Surface Use Agreement and Easement(this"Agreement")is made this_day of March, 2001,by and between HS Resources, Inc. ("HSR"),with an address of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Bromley 132, LLC and Parkwood Partners, LLC (collectively, the "Owners")and Mountain Empire Dairymen's Association, Inc. ("Dairymen's")(collectively, Owners and Dairymen are referred to as "Developer"), with an address of 12460 1st Street, Eastlake, Colorado 80614. Recitals A. Developer is the owner of the surface of the E/2NW/4 and W/2NE/4 of Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado (hereinafter referred to as the "Property"); B. Developer's surface ownership of the Property is subject to the rights of the oil and gas mineral estate, which is owned by third parties and which has been leased to HSR; C. Owners have plans to develop the surface of a portion of the Property as a housing development known as Idaho Creek Planned Unit Development; D. HSR has the right to deepen, recomplete or rework the existing well in the NW/4NE/4 of Section 10 on the Property more particularly described as the David E. Camenisch Gas Unit#1, 990' FNL, 1440' FEL(the "Existing Well"). E. HSR has the sole and exclusive right to develop the oil and gas resources beneath the Property by drilling additional wells (hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting, or reworking each such Future Well. F. Developer desires to acquire HSR's agreement to locate Future Wells in the Oil and Gas Operations Area(as hereinafter defined) and to relinquish of surface rights as to all portions of the Property except the Oil and Gas Operations Area. G. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Developer and HSR's operation and development of its oil and gas leasehold estate. Agreement In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ,,,, 1 1 AREA RESERVED FOR FUTURE WELLS. Developer shall provide HSR the surface locations designated on Exhibit "A" (the "Oil and Gas Operations Area") for the Existing Well (a radius of 250' from the wellhead of the Existing Well) and for the Future Wells (the"Oil and Gas Operations Area") for any operations conducted by HSR in connection with the Wells, including, but not limited to, drilling, directional drilling, completions, workovers, well deepenings, recompletions, fracturing and lease operating activities. Collectively, the Existing Well and the Future Wells are referred to herein as the "Wells". Except for the space associated with the Existing Well, included within the Oil and Gas Operations Area, and associated with the access roads provided for in Section 5 below, HSR shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental, temporary or non-damaging activities, and HSR shall be strictly and solely responsible for any damages that may occur on such portions of the Property. 2 ADDITIONAL CONSIDERATIONS. Contemporaneously with execution of this Agreement, Owners and Dairymen's shall each deliver a cashiers' check or wire transfer of immediately available funds in the amount of $60,000.00(such payment totaling$120,000.00)to either(i)HSR, or(ii)an escrow account with an escrow agent under an escrow agreement which is mutually acceptable to the parties hereto. HSR acknowledges receipt of said funds by its execution of this Agreement. In consideration of such payment, HSR hereby relinquishes, quit claims, abandons and releases its surface use rights on the E/2NW/4 and W/2NE/4 of Section 10 on the Property, except those lands in the Oil and Gas Operations Area, those lands associated with the Existing Well, those lands associated with the access roads provided for in Section 5 below, and those lands associated with the flowlines and pipelines provided for in Section 7 below. 3 WELL LOCATIONS. HSR shall have the right to drill Future Wells(including horizontal and directional wells that produce from and drain lands other than the Property)at any location within the Oil and Gas Operations Area, so long as such locations are permitted locations under the then-applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission("COGCC'). Except as otherwise provided in Section 1 and 2 above and its rights within the Oil and Gas Operations Area, HSR shall not have the right to drill Wells on the Property. 4 SURFACE RECLAMATION AND SURFACE DAMAGES. HSR shall be responsible for all costs of reclamation for its activities on the Property and shall perform same in a timely fashion pursuant to applicable law and regulations. 5 ACCESS. r a) Developer shall provide to HSR a 30-foot wide easement for access to the Oil and Gas Operations Area and to the Existing Well. The Existing Well location has frontage to an existing public road. Such access to the Existing Well and the Future Wells shall 2 extend from either State Highway 119 or Weld County Road 7%z to the Existing Well and to the Oil and Gas Operations Area substantially in the locations depicted on Exhibit A. The access roads shall be initially constructed at Developer's sole cost and expense, and shall be constructed as all-weather surface(gravel)roads. HSR shall maintain the access roads at its sole cost and expense during the period of time that HSR conducts operations with respect to its leasehold rights. Upon the request of HSR, Developer shall execute and record a separate easement and right-of-way in favor of HSR, confirming the rights of access granted in this Agreement. Within the Oil and Gas Operations Area, HSR may locate such roads as it determines necessary and convenient for its operations, at its sole cost and expense. b) Access to a Well may be changed by the mutual written agreement of Developer and HSR; provided, however, all costs and expenses of the relocation shall be borne by Developer. c) Developer shall keep access used by Developer or the subdivision occupants and HSR in good condition and repair until such roads are dedicated to the local governmental jurisdiction;provided,however, if HSR, its agents,contractors, subcontractors or invitees causes damage to a road or other improvements, HSR agrees to promptly repair any damage so caused which is a direct result of the acts or omissions of HSR, its agents, contractors, subcontractors or invitees. Neither HSR nor Developer shall unreasonably interfere with the use by the other of an access road. 6 BATTERIES AND EQUIPMENT. HSR shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, heaters, meters, compressors and other equipment reasonably appropriate for the operation and production of the Wells within the Oil and Gas Operations Area and the lands associated with the Existing Well. With respect to HSR's equipment and facilities other than pipelines: a) HSR shall install and maintain, at its sole cost and expense, all fences around any Wells in compliance with the Rules and Regulations of the COGCC, or as are mutually agreed in writing by Developer and HSR. HSR shall install its standard warning signs on the fences surrounding any Wells; b) HSR shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any Wells. Such gates and locks shall be the standard gates and locks used by HSR; c) HSR shall paint all production facilities for any Wells, including wellhead guards,with colors that are approved by the COGCC; and d) Developer shall install and maintain, at its sole cost and expense, any and all landscaping around any Wells. Developer shall not inhibit HSR's access to any Wells by landscaping or other installations. oc.„„. 3 r 7 FLOWLINES AND PIPELINES. HSR shall have the right to lay any and all new flowlines and pipelines for gas and liquids necessary in connection with HSR's production and transportation of oil and gas from any Wells,which new flowlines and pipelines shall be located in public rights-of-way or adjacent tracts or easements as shown on the subdivision plat of the residential portions of the Property. If any new flowlines or pipelines are necessary,HSR agrees to locate and route such lines along the access roads shown on Exhibit "A" or otherwise in the rights-of-way, tracts or easements designated for such purposes on the plat of the Property, or on lands outside the Idaho Creek Planned Unit Development,but within the boundaries of the Property. HSR agrees to restore the surface of the Property or any improvements located thereon or therein to its prior condition (including, without limitation, repair of curb, gutter, streets, sidewalks, and landscaping) promptly after the completion of installation, maintenance, repair or replacement of any of its facilities located in any such right-of-way,tract or easement. HSR further agrees to comply with any and all applicable county, state or federal regulations pertaining to the location of such pipeline or flowlines. All pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines, which are defined as those lines that carry water or hydrocarbons from the wellhead to a production unit (such as a separator), shall be buried to a surface depth of at least 36 inches. Developer shall furnish information regarding the final grade of the Property to HSR. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of HSR or its gas purchaser. Developer and HSR shall consult and cooperate regarding their respective development plans. 8 NOTICE OF OPERATIONS. HSR shall provide at least fourteen (14) days prior written notice to Developer of any operations in connection with the reworking, fracturing, deepening or other operation on any Wells; provided, however, that HSR shall provide at least thirty(30) days prior written notice to Developer and/or any homeowners' association formed by Developer, of the drilling of any Wells. Regardless of the foregoing notice requirements, HSR shall have immediate access to the Property in the event of an emergency. The Notification shall describe the following: a) The proposed starting date for the proposed activity; b) The proposed operations to be performed at the site; and c) The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the Oil and Gas Operations Area or at the site of Existing Well, either HSR or Developer may request an on-site meeting. The purpose of the meeting shall be to inform Developer of the expected activity and to coordinate site access,hazards,barricades, restoration or any other issues that affect the use of and the safety of Developer's development. 4 9 NOTICE TO HOMEOWNERS AND BUILDERS. Developer shall furnish all buyers of the Property from Developer with a plat or map showing the Existing Well, future roads, the Oil and Gas Operations Area and other related facilities. Developer shall provide record notice to all builders, homeowners and other buyers of the Property from Developer and the homeowners' association that: a) Such buyers are not purchasing and do not own any interest in the oil and gas mineral estate; b) There may be ongoing oil and gas operations and production at the Existing Well and in the Oil and Gas Operations Area on the surface of the Property; c) There are likely to be additional Future Wells drilled and oil and gas operations and production activities on the surface of the Property at the Existing Well or in the Oil and Gas Operations Area; d) Builders and other"wholesale"purchasers from Developer of portions of the Property larger than one residential lot, and property zoned for multifamily use, as successors in interest to Developer, will acquire rights under this Agreement and will assume those obligations undertaken by Developer pursuant to this Agreement; and e) Homeowners' associations and buyers of individual lots or homes, as successors in interest to Developer,will acquire rights under this Agreement,but will be subject to the waivers contained in Section 10 and the covenant contained in Section 11 of this Agreement. 10 DRILLING AND COMPLETION OPERATIONS. HSR shall endeavor to diligently pursue drilling operations on the Property in a manner that will minimize the total time period that a drilling rig is on the Property and to avoid rig relocations or startup during the course of drilling. Developer waives any objections to continuous(i.e., 24-hour)drilling operations with respect to the drilling of new wells at the site of the Existing Well or in the Oil and Gas Operations Area. Developer also waives any right to require that wellhead or production equipment located at the site of the Existing Well or in the Oil and Gas Operations Area be located in conformance with any setback requirements (including but not limited to those concerning any"high density" rules of the COGCC) that are more restrictive than those specified in Section 11 or as depicted on Exhibit "A". Subject to the waiver of setback requirements as set forth above, HSR shall conduct its operations in compliance with the provisions of the Rules and Regulations of the COGCC as amended from time to time. 11 SETBACK REQUIREMENTS. Ex 3S 3317423 5 a) Any Future Well, at the time HSR initially drills it, shall be located at least 150 feet or 1.5 times the rig height, whichever is greater, from any occupied building, public road or major above-ground utility line. In the event HSR elects to drill a Future Well less than 150 feet from a public road, Developer shall provide to HSR any waivers necessary to enable HSR to comply with the Rules and Regulations of the COGCC; b) Consistent with the COGCC's Rules and Regulations, Developer will not locate any residential lot line within 150 feet from the Oil and Gas Operations Area; and c) Developer shall not sell any portion of the Property or residential lot that does not meet the criteria set forth in Section 11.b. above, unless and until the affected Well is plugged and abandoned and HSR has provided notice that it does not anticipate drilling a new Well at the abandoned location. 12 GOVERNMENTAL PROCEEDINGS. Developer shall not oppose HSR in any agency or governmental proceedings, including but not limited to COGCC or local governmental body proceedings, related to HSR's drilling, workovers, well deepenings, recompletions or other operations in the Oil and Gas Operations Area,provided that HSR's position in such proceedings is consistent with this Agreement. 13 LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. a) NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN IN GOOD FAITH WITHIN THE SCOPE OF THIS AGREEMENT; b) Except as to claims arising out of pollution or environmental damage(which claims are governed by Section 14 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for all liability arising out of those losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith(all of the aforesaid herein referred to collectively as"Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, shareholders, employees, successors and assigns, harmless against all such Claims arising from the acts or omissions of the indemnifying party giving rise to the subject Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c) HSR shall not permit any liens that arise out of HSR's acts or omissions to be filed on or otherwise attached to, the Property, and in the event any such liens are filed by a NRflRTBLUM,NAOEN®IM,]ll.,4NOC 6 person pursuant to any statute or any lien attaches by operation of law or otherwise,HSR shall take all necessary action, at its sole cost and expense, to have any such lien discharged and released as promptly as practicable, except that HSR shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to HSR; d) Developer shall not permit any liens which arise out of Developer's acts or omissions to be filed on or otherwise attached to, the mineral estate associated with the Property, and in the event any such liens are filed by a person pursuant to any statute or any lien attaches by operation of law or otherwise, Developer shall take all necessary action, at its sole cost and expense, to have any such lien discharged and released as promptly as practicable; e) Developer shall bear all risk of loss for any reason with respect to any improvements constructed by Developer or its assigns that are located within the Oil and Gas Operations Area, the area associated with the Existing Well, or the access roads contemplated in Section 5, and Developer hereby waives and releases HSR and its affiliates, shareholders, officers, agents, representatives, employees, successors and assigns, from any and all liability for any claims, damages or losses associated in any way with such improvements or surface damages thereon, regardless of any negligence on the part of or on behalf of HSR or its affiliates, shareholders, officers, agents, representatives, employees, successors or assigns; provided that Developer's obligation to bear the risk of loss and the associated waiver and release of HSR is conditioned upon the obligation of HSR to use reasonable care with respect to buried utilities on such lands; and f) Upon the assignment or conveyance of a party's entire interest in the Property,that party shall be released from its indemnification obligations in Section 13.b. above, for all actions or occurrences happening after the assignment or conveyance;provided,however, that the assignee of such party shall thereafter assume the indemnification obligations of such party. 14 ENVIRONMENTAL INDEMNITY. a) The provisions of Section 13 above, except for Section 13.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 13.a. above: b) "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; .s5,37.23 7 c) "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies),which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C- §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and d) "Environmental Indemnification" shall mean that HSR shall fully protect, indemnify, defend and hold harmless Developer and any lot owner who purchases a lot from Developer from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of its ownership and operation of the Oil and Gas Operations Area, and Developer shall fully protect, indemnify, defend and hold harmless HSR from any and all Environmental Claims relating to the Property that arise out of Developer's development of the Property. 15 EXCLUSIONS FROM INDEMNITY. The indemnification of any party herein shall not cover or include any amounts for which the indemnified party recoups from third parties without judicial process, or that for which the indemnified party is reimbursed by any third party. The indemnifications set forth in this Agreement shall not relieve any party from its obligations to third parties. 16 NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 14 or 15 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it was a written Claim). The indemnified party shall make a good faith effort to promptly notify the indemnifying party of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 17 REPRESENTATIONS The parties represent to one another that each has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for the mineral owners in the Property. HSR only has rights as a mineral lessee and this Agreement only pertains to HSR's rights. HSR represents that it is the sole and exclusive lessee of oil, gas and other minerals with respect to the Property, and that no other person, firm or entity has any right to develop, extract, remove or exploit the oil, gas and other minerals underlying the Property. Nn,aU mA w m,,,.,.Ix' 8 18 SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns;provided that HSR's successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which HSR owns. 19 TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate on the Property expires or is terminated, and HSR has plugged and abandoned all Wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment,reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 20 NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following: If to HSR: HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Land Manager If to Developer: Bromley 132, LLC Parkwood Partners, LLC Attention: Scott L. Carlson, Manager PO Box 247 Eastlake, CO 80614 Mountain Empire Dairymen's Association c/o Western Dairy Coop PO Box 26427 Salt Lake City,Utah 84115 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. —„3,.,, 9 r� 21 RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 19 above, may be recorded by HSR, who shall provide the other parties with the associated recording information as soon as practicable thereafter. 22 SURFACE DAMAGES. In consideration of the parties' rights and obligations, as outlined herein,this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations and under any oil and gas lease between the parties for the Wells drilled by HSR. 23 ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 24 APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the law of the State of Colorado. 25 ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. 26 OTHER ACTS AND DOCUMENTS. The parties agree to undertake such other acts and execute and deliver such other documents as may be reasonably appropriate or necessary to effect the purpose and intent of this Agreement. Without limiting the generality of the foregoing, upon Developer making the payment identified above in Paragraph 2, HSR shall execute and deliver to Developer a Relinquishment of Surfaces Rights in form and substance reasonably satisfactory to Developer for recording purposes. 27 MERGER This Agreement represents the culmination of all prior negotiations, representations,and agreements between the parties with respect to the purchase and sale contemplated hereby. All such prior negotiations, representations, and agreements are merged herein. Cw�a.BLU,NwD0,,».1 4o« 10 r 28. COUNTERPARTS. This agreement may be executed in any number of counterparts. Each such counterpart shall be deemed to be an original but all such counterparts shall together constitute one and the same agreement. [the remainder of this page is intentionally blank] r^� DOS PPq.I 11 The parties have executed this Agreement on the day and year first above written. HS RESOURCES, INC. By: Janet W. Pasque, Attorney-in-Fact DEVELOPER: Bromley 132, LLC By: Name: Scott L. Carlson Title: Manager Parkwood Partners, LLC By: Name: Scott L. Carlson Title: Manager Mountain Empire Dairymen's Association,Inc. By: Name: Title: 12 STATE OF COLORADO) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of March, 2001,by Janet W. Pasque as Attorney-in-Fact for HS Resources, Inc., a Delaware corporation, on behalf of that corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of March, 2001, by as for Mountain Empire Dairymen's Association, Inc., a corporation, on behalf of that corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: >llbll 13 STATE OF COLORADO) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of March, 2001,by Scott L. Carlson, as Manager of Bromley 132, LLC, a limited liability company on behalf of that limited liability company. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: STATE OF COLORADO) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of March, 2001,by Scott L. Carlson, as Manager of Parkwood Partners, LLC, a limited liability company on behalf of that limited liability company. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: 14 MONICA Mika -Amendments to S-554 PUD Fianl Plan Administrative Reveiw Page 1 From: FRANK Hempen To: Mika CA Date: /5/01 3:34PM Subject: men ments to S-554 PUD Fianl Plan Administrative Reveiw The Department of Public Works requests the following changes in the verbiage for the Review: Page 2, Last Paragraph or your bolding of Public Works language: (Strike original language) ADD:When the school site is developed, a pedestrian signal will be required. The developer shall escrow the costs of a pedestrian signal. Page 3, e.: (strike original language)ADD: Traffic impacts have been reviewed and addressed with the proposal to construct appropriate facilities. 14%of the cost of a traffic signal at WCR 7.5 and SH 119 shall be escrowed for installation of that signal when warranted. Page 5, I: (strike original language)ADD: Current plans submitted for WCR 7.5 propose construction of only two lanes of the ultimate roadway. IF the Board of County Commissioners decline to require the applicant build all four lanes of the roadway(see Page 8, Paragraph 3.r), the Department of Public Works requires sufficient roadway design to ensure the second two lanes of the roadway plus the median can be constructed. Page 6, n (9): (strike original language)ADD: At intersection of Idaho Creek Parkway and WCR 7.5, the applicant shall provide a pedestrian crosswalk approved by the Department of Public Works. Page 8, p: (strike original language)ADD: All intersections shall have stop signs for two way stop control and street name signs. r If you will make the changes noted above, we will be ready to comment as necessary. -EX�HIBIITT COLORADO DEPARTMENT OF TRANSPORTATIONI COOT Permit No. STATE HIGHWAY ACCESS PERMIT 401024 State Highway No/Mp/Side I I 9C/006.120/R Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 300.00 03/06/2001 04/01/09 Weld County The Permittee(s); Applicant; Ref No. 2001 Ryan Carlson SAME Bromley 132, LLC PO Box 247 Eastlake, CO 80614 303-898-0603 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Access is located on State Highway 119, a distance of 634 feet east of Mile Post 6 on the south/right side. - Jn"Idaho Creek Subdivision" V. ''Utetitin • Access to Provide Service to: —30 K. Middle School/junior r+High School 300 Each 3.00% bjw✓S su • Single-Family Detached Housing 351 Each 42.00% • General Light Industrial 110.000 Sq Ft 28.00% Q y J • Retail 93,000 Sq Ft 27.00% a1 �.-+�t ,'N' • Existing WCR access will be modified with minor striping changes on SH 119 and along 7''A to accommodate the Idaho Creek Subdivi sion. 7'/, • The County understands that future additional development and/or extension of streets to provide connectivity will require separate permit(s). Signalization requires a separate permit,as well. (A copy of relative portions of the permit are provided to Weld County.) .••^• The Notice to Proceed will be issued upon receipt of the following items: #1-Notifications to effected access"owners"along SH 119,#2-Contractor's certificates of insurance,#3-Applicant's Development Agreement with Weld County,#4-Fully processed design waivers. k+ —2 _ . Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. 3V' SCpA __Sib MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation in Longmont at 303- 442-4382 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the mittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and it s and conditions. Permittee Date .his permit is not valid until signed by a duly authorized representative of the Department. EXN191T COL ADO D PARTMENT OF TRANSPORTATION I TT gy Date(of iss e) l Title Q e �� y/�, Access Manager S55y Copy Distribution: �'+� Required: Make copies as necessary for: Previous editions are obsolete and may not be used 1.Region Local Authority Inspector CDOT Form#101 8/98 2.Applicant 3.Staff Access Section to\f\t ' i _ mon PUBLIC WORKS DEPARTMENT Willie PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 11 SITE: ww, P.O. BOX 758 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO March 6, 2001 Weld County Planning Dept. MAP 06 2001 Carlson P.O. Box 247 RECEIVED _ 124601 Street Eastlake, Colorado 80614 Re: Idaho Creek Subdivision - Construction of WCR 7.5 Gentlemen: Your request for traffic impact fee credits for constructing portions of WCR 7.5 (within and north of the Idaho Creek Subdivision) and a traffic signal at State Highway 119 has been reviewed based on two principles. The first principle is whether the improvements qualify as a part of the Impact Fee Improvement Plans. The second principle is whether the improvements should be considered "a cost associated with development." Consideration for traffic impact fee credits for construction of the median for an additional two lanes of WCR 7.5 within and north of Idaho Creek Subdivision to State Highway 119, and the traffic signal at the intersection was presented to the Southwest Weld Road Impact Fee Committee on March 1, 2001. The Committee approved the concept of granting credits for construction of the additional two lanes north of the subdivision to State Highway 119. The Committee denied your request for traffic fee credits for construction work on that portion of WCR 7.5 within the subdivision. _ The Committee denied inclusion of the traffic signal for impact fee credits. The signal is not part of the scheduled improvements included in the impact fee study. The cost of the traffic signal to Idaho Creek Subdivision has been prorated to 14% of the total signal cost. That amount will be requested as a part of the subdivision plat improvements agreement. For your information, the Road Impact Fee Committee's decision concerning credits may be appealed to the Road Impact Fee Board. If you decide to appeal, please contact Monica Daniels-Mika, Director of Planning Services. j EXHIBIT U 3 465y Carlson March 6, 2001 Page 2 It is the position of the Department of Public Works that all improvements to WCR 7.5 within the subdivision are the responsibility of the Idaho Creek Subdivision. The proposed subdivision borders both sides of the ultimate roadway improvement. The cost for these improvements should be considered "a cost associated with development." Phasing of the ultimate improvements of the subdivision will be acceptable depending upon the development plan. If you have further questions on these issues, please contact me. Sincerely, • Frank B. Hempen, Jr., P. E. Director of Public Works/County Engineer pc: Monica Daniels-Mika, Director of Planning Services Idaho Creek Subdivision File Southwest Weld Impact Fee File WCR 7.5 file m:\wpfiles\frank\7.5impact.wpd MAR. -05' 01NON) 16 :09 WRIGNT WATER EN TEL:303 480 1020 P. 002 WWE " Wright Water Engineers, Inc. 2490 West 26tn Ave..Sui[t 100A www.wrigntwateceom/ww& Denver.Colorado 8021 1 em,all7uw[iyntawnghtwatercom (303)980 1700 TEL (303)480-1020 FAX March 5'h,2001 Mr.Ryan Carlson Carlson &Associates 12460 i"Street Eastlake, CO 80614 Dear Mr- Carlson: - At the request of Manhard Consulting Ltd., Wright Water Engineers Inc. (WW2)visited the Clear Creek 48 LLC property along Idaho Creek in Weld County, Colorado. There are several abandoned gravel ponds adjacent to Idaho Creek,with sporadic wetland fringes around their perimeter. The proposed development includes piping stormwater into the gravel pond located east of Idaho Creek and adjacent to the proposed development. Five stormwater pipes will daylight at the edge of the pond_ Wetlands arc located around the northern third of the gravel pond. Two of the five stormwater outlets will be constructed in a three-foot wetland fringe. The remaining three outlets will be constructed in non-wetland areas around the southern end of the gravel pond. I brought the U_S. Army Corps of Engineer(USACE)to the site on February 6,2001 to review whether the USACE would take jurisdiction over the fringe wetlands. The USAGE considers these wetlands to be jurisdictional, and requires the submittal of a Nationwide Permit Number 18 (NWP 18)request in order to permit the minor wetland tills. W WE is preparing the NWP 18 request to obtain a permit for this minor fill. Please contact me at (303)480-1700 with any additional questions or concerns regarding this wetland determination Sincerely, WRIGHT WATER ENGINEERS,INC_ By Blair Wed d Scientist and Regulatory Specialist Cc; Robert Thomas,Manhard Consulting,Ltd g. EXHIBIT I vv S 455g GLENWOOD smiNcs DURANGO (970)945-7755 TEL (970)945-9210 FM (970) 259-741 I TEL (970)259-8758 FM HEARING CERTIFICATION DOCKET NO. 99-50 RE: CHANGE OF ZONE #524 FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)DISTRICT FOR 353 LOTS WITH RESIDENTIAL ZONE USES -WESTERN DAIRYMEN COOPERATIVE, INC., CIO CLAY CARLSON A public hearing was conducted on October 6, 1999, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chair- EXCUSED Commissioner Barbara J. Kirkmeyer, Pro-Tern Commissioner George E. Baxter Commissioner M. J. Geile Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Ben Patton Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 21, 1999, and duly published July 24. 1999, in the Fort Lupton Press, a public hearing was conducted on August 4, 1999, to consider the request of Western Dairymen Cooperative, Inc., % Clay Carlson, for Change of Zone #524 from A (Agricultural) Zone District to PUD (Planned Unit Development) District for 353 lots with Residential Zone uses. At said hearing on August 4, 1999, the Board deemed it advisable to continue this matter to September 1, 1999, to allow the applicant adequate time to receive a full water commitment from the Left Hand Water District for the entire 353 lots. At said hearing on September 1, 1999, the Board deemed it advisable to continue this matter to October 6, 1999, to allow staff adequate time to review the Subdivision/Multiple Tap Service Agreement and determine if the water service will be adequate. At said hearing on October 6, 1999, Lee Morrison,Assistant County Attorney, made this a matter of record. Ben Patton, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He gave a brief description of the location and surrounding uses of the 100-acre parcel, which is currently used for agricultural activities. Mr. Patton stated this proposal is for 353 lots; there will be a school on-site; access to the site is addressed through an Improvements Agreement; water will be provided by the Left Hand Water District, and sewer services will be provided by the St. Vrain Sanitation District. He stated the applicant has submitted documentation of the water service, which staff has determined to be satisfactory. Mr. Patton further stated the St. Vrain Concerned Citizens group has expressed concern regarding the proposed density;the applicant has signed an agreement with the St.Vrain Valley School District,all outstanding mineral issues have been addressed; and he submitted three letters of support and a map, marked Exhibits M and N. Mr. Morrison explained there is a water service agreement to provide 150 taps if infrastructure is provided; however, once the developer uses 126 taps, he will be responsible for posting collateral to ensure construction of the off-site system improvements. He stated there is a participation provision which allows other developers ;f EXHIBIT 992553 >s15 Es‘ HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., C/O CLAY CARLSON (COZ#524) PAGE 2 to share in the costs. In response to Commissioner Geile, Mr. Morrison stated this agreement shows how water will be provided for the entire development. Commissioner Geile expressed concern that once the preliminary work is constructed, it may hamper the installation of remaining taps. Mr. Morrison stated if the development does not exceed 125 taps, the applicant is not responsible for completing the remaining off-site capital improvements. In response to Commissioner Kirkmeyer Mr. Morrison stated the development is limited to 125 taps and any remaining taps will require collateral. He further stated this is not an absolute guarantee; however, this is a reasonable approach to guaranteeing water taps to the entire site as they become necessary. In response to Commissioner Geile, Mr. Morrison stated the letter of credit referred to in paragraph 9 and 10 of the service agreement relates to the remaining 203 water taps and off-site improvements to the Left Hand Water District's system. Responding to Commissioner Geile, Don Carroll, Department of Public Works,referred to Figure 2.10 of the Mixed Use Development Design Standards showing a typical cross section. He stated Weld County Road 7.5, which splits the entire parcel, is a four-lane arterial with a raised median, and the developer has indicated that both sides will be used. Mr. Carroll stated the Department of Public Works is requiring both sides of the road adjacent to the Planned Unit Development be constructed. He further stated the east side of the road has been developed by the Milky Way development, and added if the west side is never developed,it will be covered by impact fees. In response to Commissioner Geile,Mr. Carroll stated Mr. Carlson will be responsible for the whole road because he owns and will develop property on both sides of the road. In response to Commissioner Kirkmeyer, Mr. Patton stated 68 percent of the property has been designated as open space. Scott Carlson, co-owner, stated 150 taps are guaranteed if the infrastructure is built and tap fees are paid. He stated all the construction work for the remaining 203 taps will be off-site; however, the application proposes on-site improvements that will accommodate the total 353 taps. He / explained they originally agreed to build the western half of Weld County Road 7.5 under the impression that the Milky Way Development was responsible for the eastern half; however they \ have agreed to be responsible for the entire width of Weld County Road 7.5 adjacent to the development. Mr. Carlson explained other local developers may be involved in sharing responsibility for the cost of the road because it serves a larger area. In response to Commissions Geile, Mr. Carlson stated storm water will drain into the on-site lakes; he indicated the portion of property being donated to the St. Vrain Valley School District; stated the Rural Ditch is on the east and will not be within the road right-of-way, but may need to be crossed as allowed by the agreement with the Ditch Company; and the open space will be maintained as detailed in the Homeowners Association Covenants. Mr. Carlson stated they are negotiating an agreement between the Homeowners Association and the school district regarding the outdoor classroom, which the school will have access to and the Homeowners Association will maintain and own. He further stated the only access to either side of the development will be from Weld County Road 7.5, and there is an emergency access at the north side of the property which is maintained by Milky Way, and will remain in place until a secondary access is created on the south. He stated there may be acceleration and deceleration lanes and lighting at the intersection of Highway 119 and Weld County Road 7.5, and stated currently there is no access on the south. In response to Commissioner Baxter, Mr. Carlson stated there is a signed agreement with the school district. Virginia Shaw, surrounding property owner, presented a petition, marked Exhibit P, signed by 75 residents listing concerns regarding high density, the Homeowners Association, urban services, impacts to the Mead schools, access, and being located in the flood plain. 992533 PL1321 HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., CIO CLAY CARLSON (COZ#524) PAGE 3 Arty Elmquist,surrounding property owner,expressed concern that the applicant may not be willing or able to commit to the $5.2 million for the necessary infrastructure. He stated this is a high density development and the agreement with the Left Hand Water District does not address the purchase of water rights to serve the remaining 203 taps. Mr. Elmquist referred to the infrastructure line between Boulder County and questioned how many taps Left Hand Water District may issue within one mile of the County line. Mr. Elmquist expressed concern with whether there is adequate capacity for sewer service for 353 units; the number of students which will be living in the development; the school site is located in a flood plain; and access to the school site needs to be addressed, as well as a secondary access. He questioned whether the Colorado Department of Transportation has reviewed or approved the impacts of additional traffic. In response to Commissioner Geile, Mr. Elmquist stated this development is out of the one-mile boundary; however, Boulder County will have a significant say in how many taps will be allowed in the area. Commissioner Baxter stated Boulder County's main concern is how much water will be designated for the one-mile boundary;however,they have agreed to serve developments east of the boundary. Commissioner Baxter added the St. Vrain Sanitation District has indicated there are many taps available. Merna Folsom,surrounding property owner,questioned whether wetland requirements have been met; stated the Colorado Geologic Survey needs a soil report; and asked whether underground drainage has been considered. Ms. Folsom stated it appears the homes proposed for Block 19 will be located within the flood plain; and the Longmont Soil Conservation District has indicated this site is designated as prime agricultural land. John Donnley represented the St.Vrain Concerned Citizens and stated staff has addressed many of the initial concerns; however, the application is still lacking in some areas. Mr. Donnley submitted Exhibits O, R, and S, detailing the numerous concerns with the application and where he feels it does not comply with the Planned Unit Development, Mixed Use Development, and Zoning Ordinances. He stated the Mixed Use Development calls for variety, which this development does not propose, and he added a campus-like atmosphere might be more appropriate. Mr. Donnley asked for a break down of single family dwellings and duplexes; when and how the 10-acre school area will be removed from the wetland area; stated there is no public transportation provided;the soils may not be suitable for construction; and the configuration of the lots does not preserve the view of the mountains. Mr. Donnley stated his clients feel this proposal may not be the best use for this parcel due to lack of services in the area, and surrounding uses. He further stated the current expense may be more than anticipated at full build out, and asked the Board to deny this request based on the technical reasons presented, as well as numerous inconsistencies with the various Weld County ordinances. In response to Commissioner Baxter, Mr. Donnley stated this area is located in an area designated as residential; however, that is conceptual. He further stated a less dense development would better; however, it should still be better as commercial and industrial. Commissioner Geile stated high density housing is necessary to make it affordable. Mr. Donnley stated this type of development is better suited to be located near a town, rather than in an isolated area of Weld County. He stated as the surrounding communities grow,this area will be developed and will be appropriate at that time. In response to Commissioner Vaad, Mr. Donnley stated this will also significantly affect the duties of the Weld County Sheriff's Office. 992533 PL1321 r HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., C/O CLAY CARLSON (COZ#524) PAGE 4 Inez Sawdey, surrounding property owner, submitted an article from the Daily Times-Call, marked Exhibit T, and stated she is opposed to this development. Upon rebuttal Mr. Carlson stated he attempted to meet with the St. Vrain Concerned Citizens; however,they declined and he met only with Mr. Donnley. Mr.Carlson stated urban services come to an area after the houses are present and it can be determined whether there is a successful market. He stated this is not a remote area and added there are already limited services in the area. Regarding the density of the development, Mr. Carlson stated he has constructed this type of development in numerous places along the front range and has been very successful because many of the purchasers are renters and lessees who want to purchase an affordable home. In response to Commissioner Baxter, Mr.Carlson stated the open space will be used as a"tot lot"and will be highly maintained and landscaped; however,the majority of the open space on the western portion of the property and will be natural vegetation. He said State law requires that the a Homeowners Association be proven that it can afford the maintenance costs, which he estimates will be approximately $25. In response to further concerns expressed, Mr. Carlson stated the streets will be maintained by the developer for the first year and then accepted by Weld County. He stated he has shown his financial commitment by signing various contracts, and has met with the school policy advisor and have accepted the numbers provided regarding the number of students to anticipate. Mr. Carlson stated they will either prove that the floodplain line is incorrect as thought by their engineer, or they will build up the school area to remove it from the floodplain ea- area. Mr. Carlson stated the soil survey has been done and there were no concerns; the wetland area will remain natural; a traffic study has been completed; designating 60 percent of the development as open space shows variety; and this will benefit Weld County because there are many commercial operations in the area which employ people who need housing. (Clerk's Note: Recessed until 1:15.) Upon reconvening, Mr. Carlson referred to a letter from the Longmont Soil Conservation District, dated March 14, 1999, indicating this property is not prime farmland. In response to Commissioner Vaad, Mr. Carlson explained some of the surrounding projects will be allowed to participate in the improvements made to the Left Hand Water District water lines. He further stated the development will begin at the north end of the property and proceed south. Responding to Commissioner Baxter, Mr. Carlson stated the gross density for this project is based on the number of homes versus the number of acres. He further stated the proposed floor plans cover approximately 40 percent of the lot which meets the Weld County maximum requirement. In response to Commissioner Geile, Mr. Carlson stated the groundwater level is considered shallow at 5-6 feet; however, this will not be an issue because these homes will not have basements. Mr. Carlson further stated a tap will not be provided until rural water is provided; this development will be done in at least two systematic phases; the houses are stick-built; and the lots will be part of the package. Mr. Morrison stated the initial water agreement allows the developer to provide water at the time of purchase. In response to Commissioners Geile and Baxter, Mr. Carlson gave a brief description of similar developments he is constructing, and stated people can purchase these homes for less than their current rent amount. Responding to Commissioners Baxter and Vaad, Mr. Carlson explained the various options in purchasing water, and stated the Homeowners Association dues will be assessed on a monthly fee basis and will have the ability to place a lien on a home if the dues are not paid. He further stated the maintenance of the property will become the responsibility of the Homeowners Association after one year. In response to Commissioner Geile, Mr. Carlson sated the average fee in similar developments is $25, and the streets will be 992533 PL1321 HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., C/O CLAY CARLSON (COZ#524) PAGE 5 public streets built to County standards. In response to Commissioner Kirkmeyer, Mr. Carlson stated the St. Vrain Sewer does have adequate capacity at this point; there is no sunset provision on the Homeowners Association; and the fees are based on 100 percent completion. He stated he is willing to construct a traffic signal at the intersection of Highway 119 and Weld County Road 7.5, and added there are many employment opportunities along the I-25 corridor and surrounding cities which are within commuting distances. Commissioner Kirkmeyer stated the Mixed Use Development requires affordable housing to be within walking distance of a workplace. Mr.Carlson stated this is an unrealistic expectation based on today's society. He stated although the taxes may not cover the expense of a development, the new residents will bring in a higher purchasing rate at all types of retail stores and restaurants. Mr. Carlson explained that at the time of final design, a computer model will be generated to show the fire district that the required water pressure of 1,000 gallons per minute will be available. Mr. Patton stated the Water District has completed a water summary form, and has met State requirements; and the housing meets the front door facing street requirements. Mr. Carlson stated he feels this development will meet Weld County regulations because the internal infrastructure is constructed rather than needing subsidies; it is in the I-25 corridor as residential; it will provide affordable housing; it has commercial and industrial growth; it is one of the first developments in the Mixed Use Development area to achieve balance in the types of housing provided;the lakes and open space will enhance the area, and the school site meets all requirements. In response to Commissioner Kirkmeyer, Mr. Patton stated the Conditions of Approval and Development Standards do not address phasing of a development,and this proposal exceeds the open space requirement. In response to Commissioner Baxter, Mr. Patton stated the structural land use map was followed in determining the location for this development, and there is a sufficient buffer between the adjacent mobile home park. In response to Commissioner Kirkmeyer, Mr. Patton stated there are no limitations to the amount of affordable housing in the Mixed Use Development area. Commissioner Vaacl moved to approve the request of Western Dairymen Cooperative, Inc.,%Clay Carlson, for Change of Zone #524 from A (Agricultural) Zone District to PUD (Planned Unit Development) District for 353 lots with Residential Zone uses, based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Geile. Commissioner Vaad commented that this type of development will benefit Weld County; however, if it is denied the problem will worsen with further distances for commuting. He stated if surrounding municipalities will not address the issue of affordable housing, Weld County has to take the initiative. Commissioner Geile stated he is in favor of this proposal because the more opportune areas for development are more expensive and do not accommodate affordable housing, and requiring affordable housing to be within walking distance of a workplace is not practical. He stated this proposal meets the intent of the Comprehensive Plan; the water and sewer issues have been addressed; it is compatible with the amount of jobs in the area; and it will provide open space,as well as school lands. Commissioner Baxter stated the numerous concerns have been addressed, and this proposal will meet all rules and regulations. He stated the long term benefit will be the affordable housing and he is in favor of the motion. Commissioner Kirkmeyer stated the second sentence of Condition of Approval #3.A should be amended to delete the wording regarding the improvements to half of the road. She further stated she would like assurance that the Final Plan will address a phasing plan. In response to Commissioner Kirkmeyer, Mr.Carlson stated the plat will not be phased; however,the construction will be phased. Mr. Morrison added construction phases are part of an improvements agreement and will require 992533 PL1321 HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., C/O CLAY CARLSON (COZ#524) PAGE 6 collateral. Mr. Patton recommended amending Condition of Approval#3.A to replace the words "to match half'with the word"of." In response to Commissioner Vaad, Mr.Carlson stated he plans to improve the entire road with the possibility of shared financial responsibility with surrounding developments; however, he will construct the entire road even if others will not participate. Mr. Morrison stated the Traffic Impact Fees will provide a credit to Mr. Carlson. Commissioner Kirkmeyer asked that Condition of Approval#3.A be amended to read, "The Final Plan Application shall include a Road Improvements Agreement for Off-Site Improvements with Weld County which includes the future expansion of Weld County Road 7.5, as well as any necessary improvements to the intersection of Weld County Road 7.5 and State Highway 119." Mr. Carlson stated he has reviewed and agrees with the Conditions of Approval and Development Standards and discussed changes. Commissioner Kirkmeyer stated this development meets the recent changes made to the Mixed Use Development. Commissioner Vaad amended his motion to incorporate the discussed change to Condition of Approval#3.A. Commissioner Geile agreed and the amended motion carried unanimously. This Certification was approved on the 11th day of October, 1999. APPROVED: ATTEST:�(1 , jAg �: I .IC !ARD OF COUNTY COMMISSIONERS '�ytL�l J/ t D COUNTY, COLORADO Weld County Clerk to the Bo. . :r 1' ,0) 12 � SED Y K. Hall, Chair BY: r I 1 ✓.z, $' r° Deputy Clerk to the Boards t� b Imo% 'Aidta /4 t'tt�i1, arbara J. Kirkmeyer, r -Tem o0 TAPE#99-31 / Georges. B er DOCKET#99-50 _/se) 277, _elle ; .�yf..�ia,.( (44 Glenn Vaad -� 992533 PL1321 r RESOLUTION RE: GRANT CHANGE OF ZONE #524 FROM A (AGRICULTURAL)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 353 LOTS WITH RESIDENTIAL USES -WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute arid the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 4th day of August, 1999, at 10:00 a.m. for the purpose of considering the application of Western Dairymen Cooperative, Inc., %Clay Carlson 12460 1st Street, P.O. Box 247, Eastlake, Colorado 80614, for a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for 353 lots with Residential Zone uses for a parcel of land located on the following described real estate, to-wit: Part of the NE% of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado /^ WHEREAS, at said hearing on August 4, 1999, the Board deemed it advisable to continue said matter to September 1, 1999, at 10:00 a.m., to allow the applicant adequate time to receive a full water commitment from the Left Hand Water District, and WHEREAS, at said hearing on September 1, 1999, the Board deemed it advisable to continue said matter to October 6, 1999, at 10:00 a.m., to allow staff adequate time to review the Subdivision/Multiple Tape Service Agreement between the applicant and the Left Hand Water District, and WHEREAS, at said hearing on October 6, 1999, the applicant was present and represented by Clay Carlson, and WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 5.3 et seq., of the Weld County Planned Unit Development Ordinance. 2. The submitted materials are in compliance with Section 6.4.4 of the Weld County Planned Unit Development Ordinance#197 as follows: EXHISIT 991989 ' C: PL 4ppi. y Y PL1321 r CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD -WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON PAGE 2 A. Section 6.4.4.6.1 —The proposal is consistent with the Comprehensive Plan, Mixed Use Development Ordinance if applicable, any Intergovernmental Agreement in effect influencing the Planned Unit Development, and the Weld County Zoning and Subdivision Ordinances. UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain urban growth boundary areas that provide an official designation between future urban and non-urban uses." The proposed subdivision is located within the 1-25 Mixed Use Development area. B. Section 6.4.4.6.2 --The uses which would be allowed in the proposed Planned Unit Development will conform with the Performance Standards of the Planned Unit Development Zone District contained in Section 2 of the Planned Unit Development Ordinance. The Department of Planning Services' staff has determined that the submitted application does comply with the 20 standards described in Section 2. C. Section 6.4.4.6.4 -- The Planned Unit Development Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Section 2 of the Planned Unit Development Ordinance. The Left Hand Water District will provide public water to the site and the St. Vrain Sanitation District will provide public sewer service. D. Section 6.4.4.6.6-- In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates 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 Mixed Use Development Ordinance, if applicable. This shall be shown by submitting, with the Planned Unit Development 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. Weld County Road 7.5, delineated on the Mixed Use Development Structural Transportation Map 2.2 as a four-lane arterial with a raised median, will provide access to the site. Improvements to the existing access will be required, and shall be ensured through the Improvements Agreement. E. Section 6.4.4.6.7 —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 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN COOPERATIVE, INC., %CLAY CARLSON PAGE 3 site. A portion of the subject site does lie within the designated flood plain. Provision for appropriate permitting within this area has been made through the Conditions of Approval. F. Section 6.4.4.6.8 -- Consistency exists between the proposed Zone District, uses and the Specific or Conceptual Development Guide. The submitted Development Guide accurately reflects the performance standards and allowed uses described in the proposed Zone District. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Western Dairymen Cooperative, Inc., %Clay Carlson, for a Change of Zone from A (Agricultural)to a PUD (Planned Unit Development) Zone District for 353 lots with Residential Zone uses on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the Change of Zone plat: A. The applicant shall submit evidence to the Department of Planning Services from the Left Hand Water District which indicates that an agreement has been reached and that water is currently available. B. In accordance with Section 9.3.2.5, the applicant shall submit an expanded description of the proposed "outdoor classroom", as specified in the sketch plan application materials. This document shall clarify the issue of ownership and maintenance of all proposed open space. C. The landscape map shall be amended to provide a typical cross section which delineates the dimensions and type of trail material in accordance with Section 9.3.2.5 of the Planned Unit Development Ordinance. D. The applicant shall submit evidence to the Department of Planning Services verifying that the American Medical Response of Colorado has the capability and willingness to adequately serve the proposed development. E. The applicant shall submit a Planning Area Profile in accordance with MUD. Policy 6.22. The profile should contain public facilities and services data, socio-economic data, natural environmental resources, and visual and cultural resources. The purpose of this information would be to provide the user with the existing conditions, opportunities, and constraints within the 1-25 Mixed Use Development area. 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL)TO PUD -WESTERN DAIRYMEN COOPERATIVE, INC., %CLAY CARLSON PAGE 4 F. The applicant shall contact the Weld County Long Range Planner to investigate the potential for connection of the recreational trail to planned regional trails in the area in accordance with MUD.TGoal 2 which states, "Promote a pedestrian trail system to service transportation and recreation purposes within the MUD area." G. The applicant shall submit a copy of the approved agreement between School District RE-1J and the applicant regarding the proposed school site. If the School District does not accept the proposed school site for dedication, the applicant shall submit evidence from the School District that another form of exaction is acceptable. H. The applicant shall include, in the draft Improvements Agreement, provision for a pedestrian crossing mechanism from the entrance to the pedestrian lots on the east side of Weld County Road 7.5 to the open space on the west. The proposed crossing device shall be submitted to the Weld County Department of Planning Services for review and approval. The island section between the ingress and egress lanes at the accesses to the school site shall be redesigned to allow storage lanes for left turn in and acceleration lane out. Such redesign shall conform either to the State Highway Access Code or to the AASHTO Design Manual. Questions regarding this redesign shall be addressed to the Weld County Public Works Department. The approved redesign shall be delineated on the Change of Zone plat. J. The applicant shall design a low-level, raised median and shall avoid heavy landscaping adjacent to any turning lane or intersection to avoid sight distance problems for traffic movement and pedestrian crossings. The applicant shall place, on the Change of Zone plat, a note describing the nature and location of this amended cross section. K. The Change of Zone plat shall meet all requirements of Section 9.2 of the Planned Unit Development Ordinance, and shall be amended to include the following: 1) The plat shall delineate the "outdoor classroom" as specified in the sketch plan application materials. 2) The plat shall delineate right-of-way, parking, curb, gutter and sidewalks on the interior road as specified in the Weld County Department of Public Works referral dated February 16, 1999. 3) The plat shall identify the typical road cross section shall be amended to conform to Figure 2.10 of the Mixed Use r Development design standards. 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD-WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON PAGE 5 4) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. Evidence of Postal Service approval shall be submitted to the Department of Planning Services. 5) If an agreement between the School District and the applicant cannot be obtained regarding the proposed school site, or if the applicant chooses not to propose a school site, the area currently identified as "Elementary School with Playground and Park" shall be replaced with other open space amenities, as described in Sections 2.5 of the Planned Unit Development Ordinance and Section 2.3 of the Mixed Use Development Ordinance. 6) The plat shall delineate the three crosswalks which will allow pedestrian traffic to cross Weld County Road 7.5. The applicant shall utilize the manual on Uniform Traffic Control Devices for School Areas to properly sign and stripe the three areas. In accordance with the St. Vrain Valley School District referral response, the Change of Zone plat shall also identify the location of the "flashing beacons"which shall be incorporated into the traffic control design. L. The following notes shall be delineated on the Change of Zone plat: 1) The Planned Unit Development shall consist of 353 lots approved for Residential Zone District uses and common open space. The Change of Zone allows for Residential uses which shall comply with the Residential Zone District requirements as set forth in Section 32 of the Weld County Zoning Ordinance. The common open space shall be owned and maintained in accordance with Section 6.3.5 of the Planned Unit Development Ordinance. 2) Water service shall be provided by the Left Hand Water District. 3) Sewage disposal service shall be provided by the St. Vrain Sanitation District. 4) In the event that five (5) or more acres are disturbed during the construction of the site, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Silt fences shall be maintained on the downgradient portion of the site during all phases of the construction project. 5) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD -WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON PAGE 6 County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. 6) In accordance with the regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. 7) If land development creates more than a 25-acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. 8) The site shall adhere to and maintain compliance with the Flood Hazard Overlay District requirements as specified in Sections 26 and 53 of the Weld County Zoning Ordinance. 9) The current Right to Farm Covenant from the Weld County Comprehensive Plan. 10) All development shall adhere to the requirements of the Mountain View Fire Protection District. 11) Any signage located on the property shall require building permits and adhere to Section 6.3.6.3 of the Weld County Planned Unit Development Ordinance when applicable. 12) Prior to the release of any building permits, foundations shall be engineered at each separate building site. 13) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services. 14) Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. 15) The applicant shall comply with Section 8.7 of the Weld County Planned Unit Development Ordinance as follows: "Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two (2) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not �-� been abandoned and that the applicant possesses the willingness 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD - WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON PAGE 7 and ability to continue with the submittal of the PUD Final Plan. The Board may extend the date for the submittal of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District." 3. The Final Plan application shall adhere to Section 7.3 of the Weld County Planned Unit Development Ordinance, and shall specifically address the following: A. The Final Plan Application shall include a Road Improvements Agreement for Off-Site Improvements with Weld County which includes the future expansion of Weld County Road 7.5, as well as any necessary improvements to the intersection of Weld County Road 7.5 and State Highway 119. B. The Final Plan application shall include Improvements Agreements in accordance with Sections 12 and 13 of the Weld County Subdivision Ordinance. The agreements shall include streets, curbs, gutters, sidewalks, emergency accesses, trails, landscaping of the common open space and any other appropriate construction elements. The Improvements Agreements shall further demonstrate compliance with all recommendations of the Weld County Public Works Department, as described in a letter from the Weld County Transportation Consultant dated April 9, 1999, and in a letter from the Weld County Public Works Department dated April 28, 1999. C. The Final Plan application shall include evidence that the conditions of the St. Vrain Sanitation District have been addressed and that taps are available. D. The Final Plan application shall include evidence that the conditions of the Left Hand Water District have been addressed and that taps are available. E. The Final Plan application shall include evidence that the conditions of the St. Vrain Valley School District RE-1J have been addressed. F. The Final Plan application shall specify the Homeowners' Association's method of trail maintenance. 991989 PL1321 r-� CHANGE OF ZONE FROM A(AGRICULTURAL)TO PUD-WESTERN DAIRYMEN COOPERATIVE, INC., % CLAY CARLSON PAGE 8 G. The draft covenants shall include the Right to Farm Covenant contained In the Weld County Comprehensive Plan. H. The draft covenants and Homeowners'Association shall address open space maintenance and landscaping in accordance with Section 6.3.3.2. 4. Prior to recording the Final Plat: A. The applicant shall obtain a new access permit from the Colorado Department of Transportation. Evidence of approval by the Colorado Department of Transportation shall be forwarded to the Department of Planning Services. 5. Prior to the release of any building permits: A. The applicant shall supply designated street and stop signs, as required by the Weld County Public Works Department, at the appropriate location adjacent to Weld County Road 7. • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October,A.D., 1999. BOARD OF COUNTY COMMISSIONERS ,w�` WELD COUNTY, COLORADO ad, /�`j:+ �� EXCUSED Dal K. Hall, Chai Weld County Clerk t /bit -(" ' _ =` ✓ • � 'Barba J.'Kirkme r Pro-Tem BY: �.1._. '• :%^► �: Deputy Clerk to the George E. xter PR ED AS TO • . J. -ile '1 1 unty o Glenn Vaad 991989 PL1321 7uttleApplegate,Inc. TO: Ryan Carlson, Carlson and Associates FROM: Mike Applegate tlitr DATE: Monday,February 05, 2001 SUBJECT: Review of Idaho Creek PUD gravel reserves We have reviewed the information you supplied us regarding the proposed subdivision near Del Camino and can provide you the following information with respect to the gravel reserves. 1. It appears to currently be zoned Agricultural which requires compliance with the Mineral Resource section of the Weld County Comp plan. 2. The Atlas of Sand, Gravel and Quarry Aggregate prepared by the Colorado Geological Survey show the property to be a floodplain deposit with relatively clean sand and gravel . The borelogs you provided show clean sand and gravel with a stripping ratio of less than 1: 2,which could make it attractive for mining. The sand and gravel reserve would qualify as commercial grade quality based on our experience. 3. The area of the property is relatively small as compared to most mining sites and might be an impediment to mining companies trying to establish a mine site. The adjacent property has already been mined and as such would not provide an opportunity for expansion of the mining area. Since this is the only piece of property under your control,you could not reasonably be expected to obtain additional reserves to provide adequate room for a mining operation. 4. The required setbacks for the property to allow mining would be on the order of 35 feet to 50 feet. The Rural Ditch borders the property on one side, which would require protection of at least 50 feet. This would be a further reduction of reserves. 5. The extraction of the mineral reserves would require the import of clean backfill to accomplish the development project that you are proposing. The cost of the import material would probably exceed the value received for selling the gravel. 6. The location would require access to State Highway 119. There would probably be requirements for traffic improvements to accommodate an operation on this property. 7. It is unlikely that you could obtain a permit to set an asphalt or concrete plant in this location because of the surrounding development. This would mean material could only be crushed and screened on site and hauled to another site for processing to a finished material. so*"*, Based on these facts, it is our opinion that the gravel deposit in and of itself is of commercial quality,but the location and the size of it would probably not justify the expense of permitting and developing it as a mineral resource. EXHIBIT 11990 Grant Street, Suite 304 • Denver,CO 80233 • 303/452-6611 • Fax 303/452-2759 T. 5 14554 BULK STUDY IDAHO CREEK SUBDIVISION tz-e' WELD COUNTY, COLORADO BLOCK 1 , LOT 47 c0. REAR SETBACK I 5' SIDE 5' SIDE SETBACK L CONC. SETBACK STOOPI1 1 ---4-----4-- -- 28.00' TYPICAL HOME .(CHALET 228.1074) N 10.00' m 11.00' 7.00- k---18 GARAGE SETBACK 1- 1 I T DRIVE- T I 11I---- 10' FRONT SETBACK WAY i -___ R.O.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF I AVG LOT SIZE 3106 SF = EXHIBIT MIN SETBACK 5 FT 20 FT PM MIN SETBACK GARAGE 18 FT 20 FT MIN SETBACK FRONT 10 FT 20 FT I S +*5594 MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT i MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT 's MAX LOT COVERAGE 41% 50% 8 GRAPHIC SCALE s 20 0 t0 20 40 4 DATE REVISIONS BY BI B)• Ell Ell IM. ( IN FEET ) C 1 inch = 20 T Y ft. 02-08-01 REVISED PER COUNTYY RREEVIEW RLT .MANRARD WNSULTIINtLTn IDAHO CREEK SUBDIVISION g ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY 3 lel: 303/708-0500 fax: 303/708-0400 Nllp://wwn.MANBARD.con RELEASE /� DRAWN By. S.E .S. DATE, 11/29/00 SCALE, I 'N 2O'CODE.KBCWCC PROJECT.C118 s BULK STUDY 4 _ • IDAHO CREEK SUBDIVISION WELD COUNTY, COLORADOcippN BLOCK 9 , LOT 12 40' TYPICAL [10' REAR SETBACK I 5' SIDE 7 5' SIDE SETBACK SETBACK —_ STOOP 28.00' J TYPICAL HOME U U (CHALET 228.0951) d b to In r 6 N N r N 10.00' O t03- _ 6.75' 1125• iT DRIVE— I WAY +I 11I 10' FRONT SETBACK --- `18' GARAGE SETBACK R.O.W. B.O.W. • ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT MIN SETBACK GARAGE 18 FT 20 FT g MIN SETBACK FRONT 10 FT 20 FT I MIN SETBACK REAR 10 FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% 's Y GRAPHIC SCALE g 20 0 i0 20 40 Y DATE REVISIONS BY E ( IN FEET ) E 1 inch - 20 ft. 02-08-01 REVISED PER COUNTY REVIEW RLT E • MANHARDCONS�TLTINC.1m IDAHO CREEK SUBDIVISION a le ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY lel: 303/708-0500 fax: 303/708-0400 http://www.MANBARD.eom DRAWN BY. RELEASE I I/29/QQ SCALE, I ' 2Q'CODE. f� Y 0 S S.E.S. DATE, KBCWCC PROJECT. o 4 BULK STUDY IDAHO CREEK SUBDIVISION WELD COUNTY, COLORADO BLOCK 17 LOT 58 Az / 9g. G'L- 1/ SOP / sttg O \ / / SE7-e, fDE ACK / " \ / 5' SIDE SETBACK \... / \ 30.00' / TYPICAL HOME •-i\ ^(NANTUCI(ETT 230.1524) / N O 14.00' 0 / O �'1 N 0 1 a I 6.00 - / co N I20.00' I 18' GARAGE SETBACK I I DRIVE- WAY I - --10' FRONT SETBACK I Bow ACTUAI g1Jr MIN LOT SIZE 2498 SF 6000 SF '! AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 2O FT MIN SETBACK GARAGE 18 FT 2O FT MIN SETBACK FRONT 1O FT 2O FT MIN SETBACK REAR 1O FT 20 FT MIN SETBACK SIDE 5 FT 20 FT MIN OFFSET 1O FT 6 FT MAX BUILDING HEIGHT 3O FT 3O FT MAX LOT COVERAGE 41% 5O% GRAPHIC SCALE DATE REVISIONS BY 20 0 10 20 40 E ( IN FEET ) O2-O8-01 REVISED PER COUNTY REVIEW RLT 1 inch = 20 ft WNSULTINGLTn IDAHO CREEK SUBDIVISION 4+MANILIRD ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY tel: 303/708-0500 fax: 303/708-0400 help://wn.MANIIARD.com RELEASE DRAWN BY. S.E.S. DATE, I I/29/00 SCALE, I -- 2O' CODE.KBCWCC PROJECT.C77B `. -- - - T • -- _1 --1 ----. -- ri. . C- . I ' Cl r • I�• 7 1 y` ■ .Fr _ r [r_ • r M ' u1_ II Il 1 1 - w. 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