The URL can be used to link to this page

Browse Search

Home My WebLink About20003016 MANHARD COLORADO Littleton CONSULTING 8232E Park Meadows Drive Littleton,CO 80124 Meadows 303.708.0500 1}EL 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 lst Street Eastlake, Colorado 80614 Engineers Surveyors Prepared By: Manhard Consulting, Ltd Planners 8232 E. Park Meadows Drive Littleton. Colorado 80124 EXHISIT 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 i-� 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 6`h Principle Meridian. A vicinity map is located in the appendix. B. Site Description The site consists of 100 +/- 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 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 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 I 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 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 C5 O00 C5 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 1B 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 ► ► ) STREETS / DEVELOPED OVERLAND/UNDEVELOPED WEIGHTED TOTAL BASIN AREA AREA C5 C100 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 ) ) 1 1 ) ) ) 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 (T1) (T,) (URBANIZED BASINS) FINAL BASIN D.A. C5 L S Ti 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 I ) 1 ) ) ) ) SUB-BASIN INITIAL/OVERLAND TRAVEL TIME Tc CHECK DATA (T1) (T,) (URBANIZED BASINS) FINAL BASIN D.A. C5 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: T;=(1.8*(1.1 -Cs)*(L)^0.5)/(S^0.33) T=L/60V(Velocity From Fig. 3-2) Tc Check= 10+1J180 ► ► ► ► ) ) 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 ICBCWCC By: TAC Checked By: SOIL GROUP C Q100R= 1.00 Date: 1/8/01 Q5R= 0.17 DRAINAGE % BASIN/LAND USE AREA IMPERV. V100 V100 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: C116 KBCWCC Calculated By: TAC Checked By: Date: 1/8/01 Outlet Discharge Calculation 100 Year Storm Event Oriface Flow Q= CdA(2gh)^1/2 Q= Q= 48 cfs Cd= Cd= 0.65 g= 9= 32.2 fUs^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 ) ) ) \ I ) ) ) Pond Volume (FAA Method) 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 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 ) ) 1 r 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 ) r) )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 ) ) )xls ) storm)A )xls ) ,'nt5 .o'n_ ?TributaryArea'"n,.'t Intensit; rRunnif Pipe Design r Profile 'I ;ti T:- a it". Iule[ I� ^` Pipe Pipe _Pipe - Hyd. v v :DeP1h Time in Rim Wiles Surface Eled PipeInvMElev: r. Sf `t.-r -4., l.. '7 ' 1(Syr) ,Plow •Length Die slope slope `4 III (ti) (ewe) '.ofF7ow- Pipe Elevation:` Up {+,`;'.;Down MH ,Up' 5Down oi ,. L...,,. sere . nett sere)`?mm .'5(minj bmmt"5 �P(feet) (inch) %' % (cis) (fps) ((ps) :r ..% ^I (min) Stream(5. :c.Loss - Stream Steam_ INL-8A MH-8 1.8 0.45 0.82 0.82 1331 13.00 6.81 5.58 50' 24" 0.30% 0.30% 12.39 3.94 4.15 52% 0.20 5_2.53 TC 49.37 4934 0.00 3._ 48.05 MH-8 INL-7 0.00 0.82 13.20 3.62 2.97 22' 24" 030% 0.30% 1239 3.94 3.57 39% 0.10 52.25 P 49.34 49.33 0.00 48.05 47.98 INL-7 INL-6 2.5 0,45 I.II 1.93 13.8 13.78 3.55 6.86 157 34" 070% 0.30% 12.39 3.94 4.33 58% 0.60 5239 76 49.33 49.19 0.00 47.98 47.51 INL-6 INL-5 1.7 045 1.20 3.13 14.9 14.89 3.41 10.68 47 311" 0.30% 0.30% 22.46 4.58 4.87 54% 0.16 S175 TC 49.19 49.16 0.011 47.51 47.37 INL-5 INL-4 3-2 045 1.43 4.56 14.3 15.05 3.40 15.50 170' (11" 0.311'o 0.30% 22,46 4.58 5.25 67% 0.54 5178 TC 49.16 48.92 11.00 47.37 46.86 IN(.-4 INL-3 3.2 045 1.45 6.02 154 1559 336 20.21 47' 30" 0UF'1. 0.30% 2246 4.58 544 82% 0.14 31150 lL 48,92 48.77 (.00 46.86 46.72 FES-IOA MI-3.10 45 045 2.01 2.01 2_1.1 21.11 2.97 5.99 III; Is (140% 0.40% 664 3.76 447 82% 0.43 52.00 TP 49.63 49.17 0,00 47.94 MH-I0 MH-9 0.00 0.00 21.54 2.94 0.00 .__ IS" 0.30",, 0.30% 5.75 3.25 0.13 0% 39.80 52.84 P 47.94 46.97 0.011 47.94 46.97 MH-9 INL-3 000 0.00 61.35 1.00 0.00 142' IS" U.30% 0.30% 5.75 325 0.13 0% 17.55 51.17 P 46.97 46.68 000 46.97 46.54 INL-3 MH-2 1.1 033 0.35 0.35 17.7 78.90 1.00 0.35 123' 30" 02f1% 0.20% 1834 374 0.83 5% 2.46 50.51, P 46.68 46.43 0.00 46.54 46.30 M14.2. FES-I 0.00 0.00 81.36 1.00 0.00 1911' 30" 0.16% 0.16% 16.24 3.31 0.14 0% 23.11 C11 MO P 46.30 46.00 11710 46.30 46.00 Manbard Consulting,Ltd. 2/6/01 I ) ) ) ) storn4 I )xIs el'$'t lro'n , .,Tributary Area , Intensi . ,Runoff Pipe Desi n Profile < ' �'i - inlet " Pipe Pipe -Pipe Hyd. Depth Time in Rim Water Surface Elev iPrpe Invert Elev. Tom Area4 c' "AC EAC Tc I(Syr) Flow Q(min Vta,a1 V(a,;;o,) .. ' � .t Tc i: Length. Dia. Slope Slope of Flow. - Pipe Elevation, „Up Down 'MH Up -, tDovm Dro ^C. (acre) (acre) (acre) (min) (min) (in/hr) (cfs) (feet) (inch) % % (cfs) (fps) (fps).- % (min) 'Stream Stream Loss 4Stream; Stream INL•IB INL-IA 1.4 045 0.64 0.64 13-1 13.06 3.64 2.34 88' 18" 020% 0.20% 4.70 2.66 2.86 Transition 0.51 4226 T(.' 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' 18" 0.13% 0.23% 3.82 2.16 2.83 Pressure 0.51 49.26 R. 47.70 47.50 0.00 46.11 46.00 ) ) ) ) NI storm3 k ).xls �bainio'n Tributary Area,-, Intensi Runoff Pipe Design (.Profile . l. .a;. u'k. s..rr. � Inlet Pipe Pipe Pipe Hyd. Depth Time in ..Rim -Waltt3urface Elev t r g,SPtpe'Inverf Elev, . ( } . To Area c AC EAC, - Tc I(5yr) Flow.' Q(rwp V(rwq u(anl�) Tc . ,• 'Length Dia. Slope Slope of Flow Pipe Elevation Up Down 'MH m Up af:kDown rpm e'3 nacre "'. (acre) (acre) (min) (min) (in/hr) '''(cfs). (feet) (inch) % :. % (cfs) (fps) (fps) ' % - (min) Stream 'Stream toss 'Stream: Stream P INL-25 INL-26 1.9 0.45 0.85 0.85 14.3 14.33 3.48 2.97 42' I8" 060% 0.60% 8.13 4.60 4.64 47% 0.15 56.69 IC 53.40 53.15 0.00 52.69 52.44 l INL-26 INL-27 1.4 O45 0.61 1.46 14.3 14.48 3.46 5.07 152' 18" 0.60% 0.23% 8.13 4.60 5.18 Pressure 0.49 56.09 IC 54.51 54.15 0.00 52.44 51.53 INL-27 INL-28 2.0 0.45 0.92 2.38 15.2 15.17 3.39 8.07 42' I8" 0609x, 0.59% 8.13 4.60 540 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 I6U' 24" 0.60"-, 0.21% 17.52 5.58 6.20 Pressure 0.43 55.55 f( 53.90 53.57 0.00 51.27 50.31 INL-29 MH-29 14 045 0.65 3.68 14.0 15.73 3.35 12.34 20' 24" 0.00% 0.30% 17.52 5.58 6.43 Pressure 0.05 55.05 10' 53.57 53.51 0.00 5031 50.19 INL-30 MH-29 5.I 045 2.28 2,28 143 14.33 3.48 7.93 40' IS" 350"6 0.57% 19.64 11.12 11.45 Pressure 0.06 55_26 I( 53.74 53.51 0.00 51.76 50.36 MH-29 MH-30 0.00 5.96 15.78 3.35 19.94 54' 30" 0.60"r 0.24% 31.76 6.47 7.30 Pressure 0.12 54.76 I' 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' 3U" 000% 0.24% 31.76 6.47 7.29 Pressure 0.63 54.36 P 53.39 52.74 0.00 49.87 48.23 INL-19C MH-31 1.5 0.38 0.56 0.56 II-8 11.83 7.08 3.94 36' IS" 2.50% 0.14% 16.60 9.40 8.49 Pressure 0.07 5305 7C 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'S 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-19 0.6 0.60 0.33 0.33 11.6 11.56 7.14 2.38 12' IS" 6.00% 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-I9 1.9 0.60 1.14 1.14 13.0 13.00 6.81 7.74 42' I8" 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 MH-19 MH-I8 0.00 7.99 ' 16.72 6.12 48.86 200' 36" 020'0 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-I8 0.5 060 0.32 0.32 11.6 11.56 7.14 2.29 12' 18" 6.00% 0.05% 25.72 14.56 8.66 Pressure 0.02 52.85 TC 51.36 51.35 0.00 49.35 48.63 INI.18B MH-IS 28 0.60 1.70 1.70 13.8 1178 6.63 11.27 43' I8" 4.00",, 1.15% 21.00 11.88 12.98 Pressure 0.05 52.85 IC 51.83 51.35 0.00 49.35 47.67 MH-18 MII-17 0.00 10.01 17.20 6.05 60.60 154' 36" 0 2211' , 0.83% 29.82 4.22 8.57 Pressure 0.30 5_2.66 P 51.35 50.08 0.00 47.39 47.08 NI,-17A MH-17 0.4 0.60 0.26 0.26 11.3 11.31 7.20 1.84 12' IX" 6.0U"�, 6-00% 25.72 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' IS" 4.00!h% 4.00% 21.00 11.88 11.24 Transition 0.06 53.)9 T(' 50.22 50.07 0.00 49.59 47.91 MH-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 ► ► 1 ► ► storm4 k ).xis q fa"',,Area r.i /at$a I.G., + o"4i �4+ Inlet au wF i; ` Pi Pt Pt H Depth. �cTunem Rim i r „ a e-a +-a1 + o t Area c AC £AC ow c 5 Fl R ia - op V T7,t? �Yf Q(rwU (rid y-t '• Tc- s �- Length Dia. Slope Slope of Flow Pipe Elevehon Upl'. '$Down r r Iv4{ -3ma . 1t ts (acre) ' (acre) (acre) (min) I (min) ^ (iii/hr) `- (cfs) (feet) (inch) % % (cfs) (fps) (ps) % (min) Stream'"-flreain :Leis" : r _ INL-20B INL-20A I7 0.72 1.26 1.26 14.I 14.06 3.52 4.42 88' 18" I D0° 1.00% 10.50 5.94 6.17 51% 0.24 5249 IC 49.76 48.88 0.00 49.00 48.12 0.20' INL-20A FES-4 13 0.93 1.19 2.45 10.8 14.30 3.49 8.55 50' I8 3.84% 3.84% 20.58 11.64 12.06 50% 0.07 52.49 IC 48.67 46.75 0.00 47.92 46.00 t I i }, z C �� ors ........ Ail . ; ' �' - �►� Off, I\fat ..Z0+. :.. y� po ,�apt� , , ,, p D r® i �3 fri• riA o is-o' ,,... ©p _Jt Al Etta nit 4,\ ,i chw4, d�!Y��; Rte: wizJt sit is* reit io tat* c - IM ��It if/:,ta tint ail Ili I NA still It 1®IIpa Will //I max t wit ----- °'nal :Intl Una/win Q ,az= aim mat. 'Mitt IIII cu so,,,‘„...,... :.e:. _. I. .-- .NNHM.a___ . �' •- �•__ NSW IDAHO CAFE! glataDDY +v,t 4 k WIID COWRY.COL011AD0 *MANSARD ENOMnn.Sum-mite•P_ 24 W k ��A�nµ '� �E L rut Merlon•. Wilda ColoMe NIE. O mn N] wn.°fir mMN-NN hill Hi" '.of '.�8�ie� Y. rwerr-.error NMI NOMMUIMP a,.,n.Male...W Slaw wn-wl�in enact m OWgQ ITdlOHNV1q SE wed lOA X Swan wa a z® .... ... aaunm-y.caarzauang.rmrnoer3 OOYYOl00'AAp10O O M E — _x '�`.IIIL'I06t�@l�fgj ■n aana Ioaua axva i I i I i tad n EI 4D 4� ©© GD_4� a�__©D 1 t I O�W , a� i t tlit o v1•"' � QQ" ;'' Vii. a ilkilidcata lla ', , 0� i � � �s� c��pa ► a. 1,m�i�� day Itil CIE F�ai��r� Ia!oa �ar, air go 14 1 Mtt nil= rigs it x.11 172 1111 . , _. III A j �� it e1' s��. D1ttMill�ai O� 1 ►a ; �b giii ar 3L!Jttfl • „. -�, l.�al�: 00.x'- * ,(�!-� � nr�1rQ� I :.. _ �-ate .. ' � I c�: ectPi "\ t I a ' i ill �� lliallaillira Es ppp D D yi _i_ ff, _ aDill ! k - = -- -L- ri _ _ _ .,___._. . i I _ I I i t r \ \), OM ) \ ` 1 c�ou :,�� iC 4827 -.,x;n.Fv J it `_—__.—y E a�i Al / I / :a _-- el tOalp 6 2 -- ) "le\ '; . . ,s_..00:1 ' ' 1 ) Y /\1\- -/t/7/L-r $V.? 4 �' oltdP— , \/ -u ms !' Y O • I TBr li j 1 q _ (x856___.. 1i _ � � 1� r1 / 6°.i ` / a eB i �`/ SITS IOC ,; � _) i ii„ __ - fi r )3 . / , 490 1 1 i; \� 9870 � O 1 I 1 Ei Rinn . ° \ ° 15 • \ 16 �'' �' . $ 'a r7 17 l/ � .i /4 2 • • LOCATION MAP N.T.S. \I J ...., .,..,, ,. ,,,, msurai, purpose — sadly show all areas subject to floodii all planlmetric features outside special fle. For adjoining map panels, see separate) • Panels. 4 • 411 • 2 INITIAL IDENTIFICt MARCH 21, 197 / FLOOD HAZARD BOUNDARY P I�W ^ I FLOOD INSURANCE RATE Mi y �_I� /I MARCH 18, 19. FLOOD INSURANCE RATE M, SEPTEMBER 28. 1982 :Panel revised to r to F_L R tit/FEE MA I Pc` ,c, I 3YS-Th o/ • Ei o\ P°� . RINN To determine if flood Insurance is avallat b contact your insurance agent,or call the Ni Program at(800) 638-6620. liar APPROXIMATE SCAL 20lf I I2I NATIONAL FLOOD INS I gun rpccv ��waa • Exhibit CC includes oversized maps (Sheets 26 and 27 of 30 - Drainage Plans North and South) See original file G;Rson P.O. BOX 247 12460 1st Street Eastlake,Colormciu 3C ff• Office:3031457 21j66 Fax. 303/280-297c February 23,2001 Weld County Department of Planning Services Attn: Monica Daniels Weld County Administrative Offices 1555 N. 17`b 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 PUT)"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 ' d 6Z0Z ' oN '0NI S3IVI00SSV NOSidV0 IIVE0 : 01 I00Z ' LZ ' 9aj [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 Sheriffs Office has no further issues with this proposal at this time. cc: Ryan Carlson ;f EXHIBIT ce Ass-Li BULK STUDY • IDAHO CREEK SUBDIVISION `'--4z{' WELD COUNTY, COLORADO BLOCK 1 , LOT 47 F-101 REAR SETBACK I 5' SIDE 5' SIDE SETBACK L CONC. SETBACK -- STOOP in 28.00' TYPICAL HOME (CHALET 228.1074) a $ A, w e., 10.00• 11.00' 7.00 __I_18 GARAGE SETBACK i DRIVE— I k-——— 10' FRONT SETBACK WAY i 1 ______ R.O.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF I AVG LOT SIZE 3106 SF MIN SETBACK 5 FT 20 FT EXHIBIT MIN SETBACK GARAGE 18 FT 20 FT Fr MIN SETBACK FRONT 10 FT 20 FT (1 MIN SETBACK REAR 10 FT 20 FT #55y MIN SETBACK SIDE 5 FT 20 FT �l(� MIN OFFSET 10 FT 6 FT MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% e GRAPHIC SCALE 20 0 10 20 40 € DATE REVISIONS BY ( IN FEET ) I Inch - 20 ft. 02-08-01 REVISED PER COUNTY REVIEW RLT �''4�T�T��T�rSw��yv IDAHO CREEK SUBDIVISION .MANKARD CONSUL IMhTD. WELD COUNTY, COLORADO ENGINEERS • SURVEYORS • PLANNERS BULK STUDY 8232 E. Park Meadows Dr. Littleton, Colorado 80124 tel: 303/708-0500 fax: 303/708-0400 http://www.MANHARD.com RELEASE DRAWN BY, S.E .S. DATE, I I/2 9/00 SCALE. I '-2O'Co0E.KBCW CCC PROJECT,0116 BULK STUDY • .. IDAHO CREEK SUBDIVISION 3 • WELD COUNTY, COLORADO BLOCK 9 , LOT 12 40' TYPICAL r-10' REAR SETBACK I 5' SIDE ' 5' SIDE SETBACK I SETBACK CK �- -� CONC. STOOP 26.00' J TYPICAL HOME Q U (CHALET 228.0951) E I r �� N a N F- N 10.00' O N _ 6.75' L— n25. 11 DRIVE-i- I WAY I I j 10' FRONT SETBACK - i L18. GA4AGE 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 t MIN SETBACK FRONT 10 FT 20 FT 1 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 a MAX LOT COVERAGE 41% 50% 0 e GRAPHIC SCALE g DATE REVISIONS 6V 20 0 10 20 40 isedifimmom ( IN FEET ) E 1 inch = 20 (t. £ 02-08-01 REVISED PER COUNTY REVIEW RUT 3 .MANHARD W �aTi1Te IDAHO CREEK SUBDIVISION ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY 3 tel: 303/708-0500 fax: 303/708-0400 http://m.YANHARD.eom DRAWN ET. RELEASE I I X29/00 SCALE, I 20' cooa, PROJECT. S S.E.S. DATE, KBCWCC 0178 a BULK STUDY IDAHO CREEK SUBDIVISION , WELD COUNTY, COLORADO BLOCK 1 , LOT 58 t. / �IP / 9¢ PLI 19 / 1 P�tg / O \ / / 5' SIDE 'ly SETBACK 5 SIDE / SETBACK / \ 30.00' / TYPICAL HOME \ —(NANTUCKETT 230.1524) / M N O 14.00' 0 / ICI a I 6.00' - / M Si co 4 20.00 I 18' GARAGE SETBACK --.1 I WANE I - --10' FRONT SETBACK I SOMINEMENINISar . @•o w • •w ACTIIAI 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 i MAX BUILDING HEIGHT 30 FT 30 FT MAX LOT COVERAGE 41% 50% GRAPHIC SCALE DATE REVISIONS BY 20 p 10 20 40 E ( IN FEET ) e. 02-08-01 REVISED PER COUNTY REVIEW RLT I inch = 20 [t. 4:MANIIARD t^L,, IDAHO CREEK SUBDIVISION CONSULTINGLTh. WELD COUNTY, COLORADO ENGINEERS • SURVEYORS • PLANNERS BULK STUDY 8232 E. Park Meadows Dr. Littleton, Colorado 80124 tel: 303/708-0500 fax: 303/708-0400 AtLp://www.YANNARD.Com DRAWN BE. RELEASE I 1/29/00 SCALE, I '• 20' CODE,KBCWCC PROJECT.C116 S.E.S. DATE Exhibits GG thru NN are oversized maps See original file Weld County Planning Dept. A 0 M1LO v, gPx `f OCT 06 2000 ,tee s-3 RECEIVED r DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION COLOR t Civic Center Complex/Longmont, CO 80501 (303) 651-8330/Fax# (303) 651-8696 E-mail: longmont.planning@ci.longmont.co.us Web site: http://www.ci.lonemont.co.us p..A October 4, 2000 iTi ° '` in C, I Ms. Monica Daniels-Mika Weld County Planning Department ut 1555 N. 17th Avenue Greeley, CO 80631 - 1 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' 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'/. 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. EXHIBIT c ',3,3.33 °e .1.F era ge.,,M�94 e ye.. „a_ a k»e..va k ..._. .,,.3.33wbs. Sincerely, Froda Greenberg, AICP Principal Planner xc: Phil DelVecchio, Community Development Director Brad Schol, Planning Director File: #2050-10n7 r 14111.11 P.U.D Final Plan wok 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 Town of Firestone Boulder County S .55y 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.C.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 11 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 Zoning—Zone Districts Div.2,Residential Zone Districts 11° c. For the purpose of this Subsection, the Sec.23-3-210. C-1(Neighborhood ' ' t��ends (width) of MOBILE HOMES that are Zone District greater than sixteen (16) feet in width shall be n considered to be sides (lengths) of MOBILE A. Intent. The purpose of the C rt s, HOMES for the purpose of measuring offset. is to establish and preserve areas for ve° `.` provide convenience goods and se tgj,=; ,, d. ACCESSORY BUILDINGS and for the residents of a specific NEI€ra, STRUCTURES on the same lot or space as a The C-1 Zone Districts shall be lie t" a MOBILE HOME shall have a minimum rear and operated in a manner that mini ts,. and side yard OFFSET from the lot line of five able impacts of the allowed commerce 1l:, (5)feet. NEIGHBORHOOD in which they arlk, .cX, e. Commonly owned or utilized BUILD- B. Uses Allowed by Right. lam i u INGS which are ACCESSORY to the subdivi- STRUCTURE or land shall be l,' lions shall have minimum side and rear BUILDING or STRUCTURE shallzla r,, N YARD OFFSET from the LOT line of ten(10) erected, structurally altered, enlarge; ) s . feet. in the C-I Zone District except for onk{tt 11 the following USES, which must i::, f.;No BUILDING or STRUCTURE shall ENCLOSED BUILDINGS and in co"{.i f. ' be constructed within a three-hundred-fifty- the performance standards contained (,° r1'", foot radius of any OIL AND GAS PRODUC- 250 below. No outside storage will•l"1! ,'' TION FACILITIES. Any construction within C-1 Zone District. USES within , I a three-hundred-fifty-foot radius of OIL AND District shall also be subject to adtijk• GAS PRODUCTION FACILITIES shall re- ments contained in Articles IV and `'j '1-W,", N quire a variance from the terms of this Chapter N in accordance with Section 23-6-10 C. (Weld 1. Stores and shops which (it, -y County Codification Ordinance 2000-1) services and merchandise prim, d(: personal, family or household %I, residents of the area in which th4i, ,y`; t� Div. 3. Commercial Zone Districts Individual stores or shops may nail. ', 1,? FLOOR AREA greater than Sec.23.3-200. Intent. (3,000) square feet. Stores and st,, a Zone District may not have busiR i, The C-1,C-2,C-3 and C-4 COMMERCIAL Zone any part of the period betweent °V= r, 5 ' Districts are intended to provide safe, efficient areas 6:00 a.m. Examples of proper: c " 'E in which to offer goods and services at wholesale or include: convenience food ski„ - a , retail. The regulations contained herein have been stores, barber or beauty shops,1, KK, � , $ 1a = established so as to provide for COMMERCIAL cleaners and coin-operated hand z : areas in the COUNTY which meet the needs of the COUNTY residents and visitors for goods and 2. RESTAURANTS, not ^1.. services, without creating adverse effects on sur- having a total customer seating Q;,yi rounding uses or on the area in which the Zone than one hundred (100) and nbi'`: _,.: District is established. These regulations are also TAURANT operations includintall+ ',111k designed to promote the health, safety and general food or beverages to customer ,'6a4 welfare of the present and future residents of the premises or RESTAURANT op..' v COUNTY. (Weld County Codification Ordinance predominantly off-premises cv' w nature. 2000-1) 4 1 EXHIBIT 00 m a I Sissy 0 O1 23-100 Zoning—Zone Districts Div. 2, Residential Zone Districts—Sec.23-3-1 i A' requirements contained in Section 23-3-160 below. 1. USES listed as ACCESSORY USES r' ACCESSORY USES within the R-5 Zone District the R-1 Zone District. are also subject to the additional requirements con- tained in Articles IV and V of this Chapter. Note: D. Uses by Special Review. The follow The combined GROSS FLOOR AREA of all BUILDINGS, STRUCTURES and USES may, .r ACCESSORY BUILDINGS constructed after the constructed, occupied, operated and maintained ` 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 adoption of any regulations controlling subdivisions P of less than ten (10) acres shall not exceed four 1. USES listed as Uses by Special Revt2(t, percent (4%) of the total lot area, except in the for the R-1 Zone District. (Weld County CodY) Mixed Use Development Area (MUD), which shall cation Ordinance 2000-1) , adhere to MUD development standards. However, in no case shall such an accessory building exceed Sec.23-3-160. Bulk requirements. twice the gross floor area of the primary residence on 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 , tion may be repaired, replaced or restored in total. Zone Districts. 12. Table 23.4 'It Bulk Requirements for R-I, R-2, R-3 and R-4 Zone Districts °', Section Requirement R-1 ` R-2 R-3 r-i: A. Minimum LOT size (sq. ft) 6,000 6,000 6,000• 6,t ,1 B. Minimum LOT area per residential STRUCTURE(sq. ft) 6,000 4,500 4,500 3,t P. C. Minimum LOT area/unit(sq. ft) 6,000 3,000 3,000 1, s1! D. Minimum SETBACK (feet) 20 20 20 t E. Minimum OFFSET (feet). Fences are not required to 5 feet, or 1 foot for each 3 f comply with the minimum OFFSET and may be located BUILDING HEIGHT, whichevelr on the property line greater F. Maximum BUILDING HEIGHT(feet) 30 30 30 l, G. Maximum LOT coverage(%) 50 60 60 11 H. Maximum number of ANIMAL UNITS permitted per 2 per LOT. Subject to the addit a • LOT requirements of Section 23-4- " ANIMAL UNITS are not per II,,i`... in the R-2, R-3, R-4 and R-5 A+r, Districts. I. g rr l 1.t 23-98 .. r ii'Districts Div.2,Residential Zone Districts—Sec.23-3-160 yr; etp,V.. 2 . RV Table 23.5 Bulk Requirements for R-5 Zone District ,, R S R,5 ''r', Requirement '=.` Mobile ( j ,(h1obtle Home SubdJvtsion)' CA mum LOT area(sq.ft.) N/A 6,000 alnimum LOT width(feet) N/A 50 w1 '° �+ imum SETBACK OFFSET(feet) See Note I below and See Note I below and ',4,,,i; Subsection L.1 Subsection L.1 w i'Snt yard SETBACK in MOBILE HOME PARKS and MOBILE HOME SUBDIVISIONS shall be twenty(20)feet. k�tj ' (i,i out yard setback for MOBILE HOME PARKS approved prior to January 25, 1978, and MOBILE HOME 'r,"t ', oh': approved prior to January 1, 1965,shall be zero(0)feet. The location in these parks and subdivisions for MOBILE gN4F illj,'such that no MOBILE HOME or attached portion of a MOBILE HOME will encroach the nearest travel land or the II' ,tr�'y ,I tad,flow line of the ADJACENT road or sidewalk ADJACENT to the MOBILE HOME. ' I e nat m side yard OFFSET and minimum e. A MOBILE HOME shall have a mini Ni - Or ET. mum OFFSET of five (5) feet from the ' perimeter of the MOBILE HOME PARK or .,: 51e side and rear yard OFFSET require- from any ADJACENT property which is not Ji OBILE HOME PARKS shall be based approved to be utilized for a MOBILE ii&ance between MOBILE HOME units HOME. it om the closest point or edge of the • ' 'OME as follows: ��, f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as d n (10) feet between MOBILE a MOBILE HOME shall have a minimum .; .if the units are placed end (width) to clearance of ten (10) feet from any STRUC- I I ,', ,,'i"dth). TURE or MOBILE HOME on any other LOT. )fifteen (15) feet between MOBILE g. Commonly owned or utilized BUILD- i,itl C"if the units are placed side(length)to INGS which are accessory to the park shall •e-gth)• have a minimum clearance of ten (10) feet , from any other STRUCTURE or MOBILE a welve and one half(12.5)feet between HOME. c Ith HOMES if the units are placed side a life)to end(width). 2. The side and rear yard OFFSET require- S- ments in the MOBILE HOME SUBDIVISIONS `o' vrr ,1 or the purpose of this Subsection, the shall be as follows: � I I.‘( idth) of MOBILE HOMES that are Clthan sixteen(16) feet in width, such as a. The side(length) of a MOBILE HOME ,4& r;,' hil-Wide MOBILE HOMES, shall be con- shall be placed no less than seven and one half s tctryA ''t; 2w '4 to be sides of the MOBILE HOME in (7.5)feet from any rear or side yard LOT line. airing distances between MOBILE 61 units. b. The end (width) of a MOBILE HOME (e'i t',i. shall be placed no less than five (5) feet from -' I 4. any rear or side yard LOT line. da{ gyp„ y il' 23-99 ' - , t'`o-0.' -�-` WELD , i_ , Tr Davis Graham & Stubbs LCVa' • `— 9; v'. March 6, 2001 REn s/'I/o l . 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. /"` EXHIBIT 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 end.) Mel Stahl—HSR(w/o end. Via fax to 303-296-3601) James E. Brown, Esq. - for Owners (w/end.) �-- 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, 6`s 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: 3537.,, t 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 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. cos,,,,.,, 3 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. r 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 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; 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. 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. 9 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. s-� 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. C.wRPO.,U, wEWarN,».,.D 10 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 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: r 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: DS,,,.,, 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: c NR oRTRLYpNYµ:EW91Md5)lI tDY 14 F 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. If you will make the changes noted above, we will be ready to comment as necessary. l EXHIBIT Sissy COLORADO DEPARTMENT OF TRANSPORTATIONI. CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 401024 State Highway No/Mp/Side 119C/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. J "Idaho Creek.Subdivision" tee- �' ts • ��1]...^'+++�Access to Provide Service to: K• l.,•• , ` J Middle School/Junior High School 300 Each 3.00% W Single-Family Detached Housing 351 Each 42.00% • General Light Industrial 110,0(10 Sq F[ 28.00% � ;6 • Retail 93,000 Sq Ft 27.00% Crakittr — • Existing WCR 7'A access will be modified with minor striping changes on SH 119 and along 7'/ to accommodate the Idaho Creek Subdivision. • 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.) ..---- "rhe 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. kaki:13 r Sr Other terms and conditions: t�,.-�-� * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. �4t twi, 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 (x) -- '21 zas.his permit is not valid until signed by a duly authorized representative of the Department. T = EXHIBIT IArlCOL ADO D PARTMENT OF TRANSPORTATION I T By Date(of iss�fe) Title S X554 $6 Zt(0/10, Access Manager J� Copy Distribution: Required: Make copies as necessary for: Previous editions are obsolete and may not be used 1.Region Local Authority Inspector CD0T Form#101 8/98 2.Applicant 3.Staff Access Section ccri: 6 PUBLIC WORKS DEPARTMENT ' PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 1111 H STREET, P.O. BOX 758 C, GREELEY, COLORADO 80632 COLORADO March 6, 2001 Weld County Planning Dept, MAR 06 2001 Carlson P.O. Box 247 RECE " FI 12460 15` 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. 4 EXHIBIT x #559 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\frankw.simpact-wpd MAR. -05' 01 (M0M 16:09 WRIGHT WATER EN TEL:303 480 1020 P. 002 WWE Wright Water Engineers, Inc, ww ,v rig0lwa[etcom/wwel 2490 west 26f0 Ave..Suice I00A ewwwwrighlwarer.com/wwei Denver.Colorado 80211 (30314801700 TEL 0031480-1020 FAX March 5th, 2OO1 Mr. Ryan Carlson Carlson &Associates 12460 In 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 US.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 fills. WWE 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 �, r. Blair k� Wed Scientist and Regulatory Specialist Cc: Robert Thomas,Manhard Consulting,Ltd EXHIBIT IV U S 4554 GLENWOOD SPRINGS DURANGO 19701 945-7755 TEL 19701 945-9210 FM (970) 259-741 I TEL (970(259-8758 FAX d I EXHIBIT W S*554 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., C/O 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-Tem 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 EXHIBIT 992533 531 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 PaN HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., C/O 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 Sheriffs Office. 992533 PL1321 HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., CIO 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 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 stated the average fee in similar developments is $25, and the streets will be 992533 PL1321 HEARING CERTIFICATION -WESTERN DAIRYMEN COOPERATIVE, INC., CIO 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 1-25 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 Vaad 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 arid 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:I ,1))///d 4, } ,I� !ARDOF COUNTY COMMISSIONERS I� J D COUNTY, COLORADO Weld County Clerk to the Bo " r •� � � SED /(�/ �` eUr• K. Hall, Chair BY: G IA ✓�," S+�°° / Deputy Clerk to the Board �� .y.� C /AAG.i t LA i rA ', �' arbara J. Kirkmeyer, r -Tern TAPE#99-31 Georg . B er DOCKET#99-50 ,eile / Glenn Vaad 992533 PL1321 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 and 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 ,e^ 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: = EXHIBIT I 991989 'pa: Pi_, \ I. y ] PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD-WESTERN DAIRYMEN COOPERATIVE, INC., c/o 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 r 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 35:3 lots with Residential Zone uses on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. 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 I-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 Development design standards. 991989 PL1321 CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD-WESTERN DAIRYMEN COOPERATIVE, INC., c/o 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 r` 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 i- 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 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 WELD COUNTY, COLORADO ATTEST: Li, /� j % �G % EXCUSED "°"`! Dal K all,h Chai / Weld County Clerk ` :I _ `iv ' � /124..enerc.i -Barbay J.-Kirkme r, Pro-Tem BY: • Deputy Clerk to the `J George E.(xter PR ED AS TO li . J. ile linty o 6Glenn Vaad Vaad 991989 PL1321 TuttleApplegate,Inc. TO: Ryan Carlson, Carlson and Associates FROM: Mike Applegate iskIr 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. 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. j. EXHIBIT 11990 Grant Street,Suite 304 • Denver,CO 80233 • 303/452-6611 • Fax 303/452-2759 Z. S #5,511 BULK STUDY - . IDAHO CREEK SUBDIVISIONz-cs- WELD COUNTY, COLORADO BLOCK 1 , LOT 47 j_101 REAR SETBACK lI 5' SIDE LI 5' SIDE SETBACK cone. SETBACK -- STDDP n 28.00' TYPICAL HOME (CHALET 228.1074) o - n / ' 10.00'4m -�}( .00'-1 II--___18 GARAGE SETBACK s �� — I DRIVE— II 111---- 10' FRONT SETBACK WAY 1 1 --________ R.0.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF AVG LOT SIZE 3106 SF = EXHIBIT MIN SETBACK 5 FT 20 FT f� 1�1� MIN SETBACK GARAGE 18 FT 20 FT ANN 'l MIN SETBACK FRONT 10 FT 20 FT S 559 r 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% F GRAPHIC SCALE 20 0 10 20 40 F DATE REVISIONS BY a - II. NI M. ( IN FEET ) 1 inch = 20 ft. 02-08-01 REVISED PER COUNTY REVIEW I RLT .MANHARD LWCL IDAHO 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 htlp://www.YANHARD.com R[tEaE SB DRAWN EY. S.E .5. DATE. I (/29/00 SCALE. I '-20'CODE KBCWCC PROJECT.C1 BULK STUDY I IDAHO CREEK SUBDIVISION �P WELD COUNTY, COLORADO N BLOCK 9 , LOT 12 40' TYPICAL o. REAR SETBACK I 5' SIDE 5' SIDE SETBACK I SETBACK CONC. STOOP 26.00' J TYPICAL HOME U U (CHALET 228.0951) d b go gn r i^ a N H F MOO' b N. % ltj 6.75 DRIVE— I I WAY I I + 10' FRONT SETBACK----- J L18' GARAGE SETBACK R.O.W. B.O.W. ACTUAL R1 MIN LOT SIZE 2498 SF 6000 SF �. AVG LOT SIZE 3106 SF E 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 ( 1N FEET ) E 1 inch = 20 ft. 02-0B-01 REVISED PER COUNTY- REVIEW R� RLT MLA Wn,TiLTB IDAHO 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 http://www.MANRARD.com RELEASE /� DRAWN BY. S.E.5. DATE, I (/29/00 SCALE, I •— 20' CODE,KBCWCC PROJECT,0118 BULK STUDY IDAHO CREEK SUBDIVISION \� WELD COUNTY, COLORADO , BLOCK 1 , LOT 58 Ay -61 / 9nT P 1/ O / Z. \> / / SET Ac I _ ACK 5' SIDE I / SETBACK / \ 30.00' / TYPICAL HOME I —(NANTUCKETT 230.1524) / ci N /i \ -8 4.00' 1 (I o a- I 6.00 / M N I -_20.00' I I _ 18' GARAGE SETBACK --- IDRIVE- I - __10' FRONT SETBACK WAY I @�w ACTUAL 31 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% F_ GRAPHIC SCALE DATE REVISIONS BY 20 0 10 20 40 3 ( IN FEET ) s 02-08-01 REVIISED PER COUNTY REVIEW RLT 1 inch = 20 ft. .MANHARD WNA , iETu IDAHO CREEK SUBDIVISION ENGINEERS • SURVEYORS • PLANNERS WELD COUNTY, COLORADO 8232 E. Park Meadows Dr. Littleton, Colorado 80124 BULK STUDY tel: 303/708-0500 fax: 303/708-0400 hltp://wn.YANYARD.trom RELEASE DRAWN BY, 5.E.S. DATE. 1 1/2 9/00 SCALE. I '- 20' CODE.KBC WCC PROJECT.C71B Hello