Loading...
HomeMy WebLinkAbout20003142.tiff September 8, 2000 A PETITION REQUESTING A REHEARING FOR PROPERTY PREVIOUSLY DENIED A LAND-USE PERMIT To: The Board of County Commissioners,Weld County, Colorado From: Siegrist Companies, 875 W. 64th Avenue,Denver, Colorado, 80221 Re: Riverdance P.U.D., parts of Sections 35 and 36, T3N, R68W,Weld County, CO. There has been a substantial change in the facts and circumstances regarding the original application for rezoning of the Riverdance P.U.D. There is, as well, newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application, and there is a required change in the physical layout of the P.U.D.. Certain of those substantial changes, newly discovered evidence, and layout changes are as follows: ✓1. A requirement by Weld County for a roadway, classified as an arterial (4-lane with a painted median), and its connecting link to the relocated CDOT service road, through the property, thus requiring construction of a major roadway by the property owner in a location undesignated in the original application. The required roadway will necessitate a redesign of a significant part of the proposed development area to match the new road location and serve the development in an effective manner. The required roadway was not a condition of review and approval of the original application. See Exhibit 1. J2. The creation of a revised phased development plan to coincide with the revised roadway plan and other newly installed sanitary sewers and proposed water service. See Exhibit 3. 3. A change of zone in significant areas of the development, primarily in the western section along the new arterial roadway, from residential and commercial types to commercial, office, and light industrial, thus reducing the population density. See Exhibit 1. 4. A change of use of adjacent Weld County land along CR 241/2 near the CD0T frontage road from agricultural to administrative office use. See Exhibit 2. 5. The filing of applications to Weld County by neighboring properties, namely the St. Acacius Subdivision and the Douthit Subdivision, both North and Northwest of Riverdance, for change of zone and development. See exhibit 2. EXHIBIT 2000-3142 6. The completion of a St. Vrain Sanitation District sanitary sewer trunk line through Riverdance that can readily serve the entire development, as well as an approval permit by the Colorado Department of Health for enlargement of its treatment system from 0.5 mgd to 4.5 mgd. The District has given assurance of its plan to expand capacity of the waste water treatment plant in the immediate future with design under way currently. See attached letter from St. Vrain Sanitation District. In addition to the substantial changes identified heretofore, there are other matters to be expanded, altered, or clarified in the filing of a revised application for Riverdance. Certain of those items to be addressed are as follows: I. Completion of a pending domestic water supply agreement commensurate with the revised phasing plan and with adjacent proposed development. See attched letter from Little Thompson Water District. 2. Provide assurance that there is no floodplain interference with development and provide approved information for effectively revising the FIRM and FIS reports upon project completion as defined by FEMA. See attached letter from FEMA. 3. In accordance with MUD Policy 4.1, this development will provide public facilities and services effectively installed, operated, and maintained so that public costs will not exceed public revenues derived from the development. The proposed development will be accomplished in compliance with the Weld County MUD policies and goals. Because of the many substantial changes, newly discovered evidence, and application changes, the Applicant (Owners) hereby respectfully submits this petition requesting a rehearing for their property, known as the Riverdance P.U.D., for rezoning and development, which has been previously denied a land-use permit, all in accordance with the relevant Weld County Zoning and Subdivision ordinances. Respectfully, 'st Com anies t;cha• .. Siegrist, President . 3 Y k ,''' - , ni esrnance Substantial Change 4, } Redesign of Project Changed Traffic Flows NEW Change in Phasing; ARTERIAL Project DynamSEIIIMI ics Lower Densi• ty Tax Revenue Reduced Impact on Schools - MlN IN2 ` , •� Federal Emergency Management Agency a :,.`lillll Washington, D.C. 20472 0 MAR 0 6 2000 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED Case No.: 00-08-106R The Honorable Dale Hall Community: Weld County, Colorado Chairperson Community No.: 080266 Weld County Board of Commissioners P.O. Box 758 104 Greeley,CO 80632-0758 Dear Mr. Hall: This responds to a request that the Federal Emergency Management Agency(FEMA)comment on the effects that a proposed project would have on the effective Flood Insurance Rate Map(FIRM)and Flood Insurance Study(FIS)report for your community, in accordance with Part 65 of the National Flood Insurance Program (NFIP) regulations. In a letter received on February I, 2000, Mr. Mike Siegrist, President, Siegrist Construction Company,requested that FEMA evaluate the effects that grading along the north banks of two lakes north of St. Vrain Creek associated with the Siegrist River Dance project and more detailed topographic information for St. Vrain Creek from approximately 7,000 feet downstream to approximately 100 feet downstream of Interstate Highway 25 would have on the flood hazard information shown on the effective FIRM and FIS report. All data required to complete our review of this request for a Conditional Letter of Map Revision(CLOMR) were submitted by Mr. Siegrist. We reviewed the submitted data and the data used to prepare the effective FIRM for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. The submitted existing conditions HEC-RAS hydraulic computer model, dated December 8, 1999, based on updated topographic information, was used as the base conditions model in our review of the proposed conditions model for this CLOMR request. We believe that, if the proposed project is constructed as shown on the submitted topographic work map entitled "Riverdance,Adjusted FIRM," dated November 18, 1999, and as described in the submitted report entitled "Siegrist River Dance," dated December 1999, both prepared by Tuttle Applegate, Inc., and the data listed below are received,a revision to the FIRM would be warranted. Comparison of the proposed conditions to the existing conditions revealed that the water-surface elevations associated with the flood having a 1-percent chance of being equaled or exceeded in any given year(base flood) along St. Vrain Creek will not change as a result of the proposed grading. Comparison of the proposed conditions to the effective conditions revealed that the width of the Special Flood Hazard Area(SFHA),the area that would be inundated by the base flood,along St. Vrain Creek will decrease as a result of the proposed grading and updated topographic information. 2 Upon completion of this project,your community may submit the data listed below and request that we make a final determination on revising the effective FIRM and FIS report. • Effective March I, 1999, FEMA revised the fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps. In accordance with this schedule,the fee for your map revision request will be$3,400 and must be received before we can begin processing your request. Payment of this fee shall be made in the form of a check or money order, made payable in U.S. funds to the National Flood Insurance Program, or by credit card. The payment must be forwarded to the following address: Federal Emergency Management Agency Fee-Collection System Administrator P.O. Box 3173 Merrifield, VA 22116-3173 • As-built plans, certified by a registered professional engineer,of all proposed project elements • Community acknowledgment of the map revision request • Certification that all fill placed in the currently effective base floodplain and below the proposed base flood elevation(BFE) is compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698) or an acceptable equivalent method for all areas to be removed from the base floodplain • A copy of the public notice distributed by your community stating its intent to revise the regulatory floodway, or a statement by your community that it has notified all affected property owners and affected adjacent jurisdictions • A letter stating that your community will adopt and enforce the modified regulatory floodway • A hydraulic analysis, for as-built conditions, of the base flood if it differs from the proposed conditions model After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FiS report. Because BFEs would be established as a result of the project, a 90-day appeal period would be initiated, during which community officials and interested persons may appeal the BFEs based on scientific or technical data. This CLOMR is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all floodplain development and for ensuring all necessary permits required by Federal or State law have been received. 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 SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP criteria. If you have any questions regarding floodplain management regulations for your community or the NFIP in general, please contact the Consultation Coordination Officer(CCO) for your community. Information 3 on the CCO for your community may be obtained by contacting the Director,Mitigation Division of FEMA in Denver,Colorado, at(303)235-4830. If you have any questions regarding this CLOMR,please contact the FEMA Map Assistance Center, toll free,at 1-877-FEMA MAP(1-877-336-2627). Sincerely,L___PSally . Magee, Project Engineer For: Matthew B. Miller, P.E.,Chief • Hazards Study Branch Hazards Study Branch Mitigation Directorate Mitigation Directorate cc: Ms. Monica Daniels-Mika, A.I.C.P. Planning Director Weld County Mr. Mike Siegrist President Siegrist Construction Company Hello