The URL can be used to link to this page

Browse Search

Home My WebLink About20000847.tiff PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION Pc a/16%--0 PLANNING DEPARTMENT USE ONLY: Case Number -5 3 Application Fee: aG © 02) Zoning Di trict / Receipt Number Date HI d-� Application Checked By: Planner Assigned to Case: -e To BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures). I(we), the undersigned hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Sections 28 & 33, T7N, R67W, of 6th P.M. (If additional space is required, attach an additional sheet of this same size or a copy of the deed) 0 PARCEL NUMBER: 7 0 5 3 3 0 0 0 0 0 3 (12 digit number-found on TAX I.D. or obtained at the Assessors Office) 0 7 0 5 2 8 0 0 0 0 0 1 NAME OF PROPOSED PUD SUBDIVISION SOARING EAGLE RANCH EXISTING ZONING AG PROPOSED ZONING E-PUD TOTAL ACREAGE 420 OVERLAY DISTRICTS None PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual) Conceptual PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING: NAME Cullison Family Farms LLC PHONE 970-352-6565 ADDRESS 4636 W. 1st Street, Greeley, CO 80634 NAME George A Nelson Farm, Inc . PHONE 970-686-2848 ADDRESS 8088 WCR 78 , Ft . Collins, CO 80524 APPLICANT OR AUTHORIZED AGENT (if different than above *1 NAME Everitt Enterprises , Inc . ADDRESS 3030 S . College , Ft . Collins, CO 80525 HOME TELEPHONE BUSINESS TELEPHONE 970-226-1500 * If agent is different from the property owner, please submit written documentation from the property owner authoriz.n; said agent to represent the owner. George A. Nelson Farms, Inc . Culliso Faammm 3y Farms , LLC Ace— by : Carol DuPriest, President Signature: Owner orAuiho'iz5oAc'_"-. by : Tom Cullison, Manager Everitt Enterprises , Inc . a. 2000-0847 by : Stanley K . Everitt, Vice President 41 WERITT COMPANIES December 29, 1999 Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 Subject: Soaring Eagle Ranch Dear Sirs: We wish to apply to Weld County for a Planned Unit Development Change of Zone on property currently owned by the Cullison and DuPriest families on Highway 257, north of Weld County Road 74. The following information is enclosed for your review: 1) Application for Change of Zone (25) a) Fee in the amount of$2,000 (1) b) Adjacent property owners list (1) c) Mineral owners list(1) 2) Statements of Consistency with Weld County Comprehensive Plan (1) 3) Statements of Compatibility(1) 4) Development Guide (25) a) Environmental Management Handbook & Budget(25) 5) Soils Report (3) 6) Copies of deeds showing ownership (1) 7) Agreement for water service with North Weld County Water District(1) 8) On-Site Improvement Agreement Letter(1) 9) Service letters from the following: (1 each) a) Colorado Department of Transportation b) Larimer& Weld Irrigation Company(Eaton Ditch) &Big Windsor Reservoir c) Public Service Company of Colorado d) Poudre Valley REA e) US West f) Weld County Sheriff g) Windsor-Severance Fire Protection and Weld County Ambulance 10) Plans: a) Rezoning Plat(25) b) Land Use Plan (25) c) Preliminary Site, Landscape, Drainage and Grading Plans (25) Corporate Offices �. X"'"•'°` 3030 South College Avenue•Fort Collins•Colorado•80525 Mailing Address' PO.Box 2125•Pon Collins•Colorado•8O22 1 + Telephone:(971))226-1500•FAX:(970)223-4156•Denver Line:(303)623-6018 Page 2 Weld County Planning Department December 28, 1999 Please let us know if you need additional information. Sincerely, Stanley K. Everitt Executive Vice President dr ends SOARING EAGLE RANCH WELD COUNTY P.U.D. DECEMBER 22, 1999 STATEMENTS OF CONSISTENCY WITH THE WELD COUNTY COMPREHENSIVE PLAN 4,, COMWitTIFSS 3030 SOUTH COLLEGE FORT COLLINS, CO 80525 970-226-1500 970-223-4156 FAX STAT 'ENTS OF CONSISTENCY SOARING EAGLE RANCH TABLE OF CONTENTS INTRODUCTION 2 STATEMENTS OF CONSISTENCY 3 AGRICULTURE 4 URBAN DEVELOPMENT 9 PLANNED UNIT DEVELOPMENT 11 PUBLIC FACILITIES 13 TRANSPORTATION 14 ENVIRONMENTAL RESOURCES 15 NATURAL RESOURCES: WILDLIFE 17 OPEN SPACE, PARKS AND RECREATION 19 CONCLUSION 22 1 STP MENTS OF CONSISTENCY SOARING EAGLE RANCH INTRODUCTION: The following information is intended to address the conditions and standards described in Weld County Zoning Ordinance 89-HH; Sections 21.5.1 and 21.7. Most of the Application Requirements for the Change of Zone that are listed in Sections 21.5.1 and 21.7 are included in or with the application form provided by the Office of the Department of Planning Services. However, the requirements of 21.5.1.1; 21 .5.1.2; 21.7.4.3; 21.7.4.4; and 21.7.4.5 request statements about consistency with the Weld County Comprehensive Plan, compatibility with surrounding land uses, and other issues that are more directly related to the question of zoning the property than the technical and planning requirements of these two sections. The following narrative is in response to the issues of Consistency with the Comprehensive Plan and Compatibility with surrounding uses. At the outset, it is acknowledged that this Request for a Change of Zone is controversial. There are certain phrases contained in the Comprehensive Plan that, when taken literally, indicate that this proposal is indeed consistent with the Comprehensive Plan. However, it could be argued that the literal interpretation of some of the Goals in the Comprehensive Plan are in conflict with some of the intentions of the Comprehensive Plan, and even some of the Policies associated with certain Goals could be open to interpretation. In any event, we will attempt to show that Soaring Eagle Ranch is an exceptional development proposal that meets the criteria of Weld County. Please review the following information that supports this position: (NOTE: The following categories of Land Use are not discussed because they are not applicable to this development proposal: Unincorporated Communities, Industrial Development, Commercial Development, 1-25 Mixed-Use Development Area, and Urban Development Nodes.) 2 ST/ \LENTS OF CONSISTENCY SOARING EAGLE RANCH STATEMENTS OF CONSISTENCY WITH THE WELD COUNTY COMPREHENSIVE PLAN: In the "Introduction" portion of the Weld County Comprehensive Plan there is a brief discussion of Future Land Use. Generally, this discussion is centered on the desire to manage growth to avoid placing a burden on the citizens of Weld County by having urban scale developments scattered about the County causing services provided by the County to be delivered inefficiently, and thus expensively. Soaring Eagle Ranch is unique as it relates to financial burdens that may be imposed on various departments of Weld County. Since all access to this property is from a Colorado State Highway, and all internal roads are collectively maintained by the neighborhood Homeowners Association, Weld County Public Works will have no liabilities associated with the maintenance of the roadways. Furthermore, this proposal lies within the Windsor Service Area Road Impact Fee Program, which provides for fees to be collected from each new home that will go toward funding improvements of roads in the larger service area. Domestic water will be provided by North Weld Water District, so that will not burden the Weld County taxpayer. On-site irrigation water, storm water facilities, individual septic systems, and all common areas will be managed and maintained collectively by the Environmental Management provisions of the Common Interest Community Declaration of Protective Covenants, and will be entirely funded from members of this Association, thereby causing no financial burden on the general taxpayer. Law enforcement provided by the Weld County Sheriff's Department will be the primary expense relating to Weld County tax expenditures. Given that there are presently several rural estate developments in the vicinity that are patrolled by the Sheriff, and that this type of neighborhood generates relatively high property tax revenue in relation to police service requests, it would appear that the development of this property, as proposed, would not result in a burden on the taxpayers of Weld County. The other issue discussed in the Future Land Use section deals with conflicts between urban and rural land use interests. Further elaboration about this issue is presented later in this document under "Statements Regarding Compatibility." 3 STA' LENTS OF CONSISTENCY SOARING EAGLE RANCH AGRICULTURE: The property, which makes up Soaring Eagle Ranch, has been categorized as "prime" agricultural land and as such should be preserved as farmland. 1) The Agriculture section of the Weld County Comprehensive Plan (hereinafter, Comp Plan), A. Goal 1 states: "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." ❖ Response: It is important to note that "economic health" is a primary objective of farmland preservation. Even though this property has been in crop production for decades, the economic viability of such land use is deteriorating. The following pages include photographs of some of the facilities that are on this farm. As these photos indicate, there are many structures, irrigation facilities, fences, and other farm related facilities that are in severe disrepair. Both the owner of the property and the farmer who works the land acknowledge that there are many necessary improvements that must be made to continue to have a sustainable farm, yet the production yields and the prices do not allow for re-investment into the farm. Another element that undermines the viability and sustainability of this property to continue as a farm is the limited access there is, especially because it fronts on an increasingly busy State Highway. Movement of equipment, hauling of materials in or out of the property, managing the livestock, and all aspects of farming are made more difficult and even life threatening due to this limited access onto Highway 257. Because of the above described circumstances, it seems appropriate to reconsider the land use of this property. Deteriorated Flume Over Canal rt. 4 STF MENTS OF CONSISTENCY SOARING EAGLE RANCH was i 3,nbdl} r., -:-..e.` €. q y-, ,h 'Aw - Excessively — . Eroded . Irrigation Structure '-/-/- ..'-/-/"/,'"-,'”'"'4.01K4://''''''''. ,"` '".fin . m , Y " �t �i '^R ��e} jk .T V...4 k � I j - : •.w^.i7 �' s •5 '`"- A\ (ss3§% 7\ b' L, `ii ii Deteriorated Pipe In Ditch °tl',r,,..,..1 'e3 ik1/;,,� , • y pny`� w d .w. $gee n. 41.; ,'. 1Rx Y f ,w r4'rvT9 a 4r'4, {A Decaying 'H€1:-''C-I11.14 r t te w [i *e .:ra Outbuildings I 1 1 ' Yb N'riKfi e 1- ."a .e 1, 5 STA. 'RENTS OF CONSISTENCY SOARING EAGLE RANCH °date , Y' i! 0V i. bill!'jrr €a! y i F'I�,'e , ...,72m on., a r.� Deteriorating Corral *° Fence and Feeding .. Trough i pR i y i Old Corral Fence 4 w" And Shed - t- '-g ;�- ,- Unsafe f •. •• Loafing , Shed _Yk ..-p 6 STA- 1ENTS OF CONSISTENCY SOARING EAGLE RANCH 2) A. Goal 3 in the Agricultural section of the Comp Plan states: "Discourage urban scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." ❖ Response: Soaring Eagle Ranch is directly adjacent to the Town limits of Windsor. 3) A. Policy 3 states: "Conversion of agricultural land to urban-scale residential, commercial, and industrial development will be discouraged when the subject site is located outside of an approved Intergovernmental Agreement area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes. This policy is intended to promote conversion of agricultural land in an orderly manner, which is in harmony with the phased growth plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban-type uses. In addition, this policy is expected to contribute to minimizing the costs to Weld County taxpayers of providing additional public services in rural areas for uses that require services on an urban level." ❖ Response: The property does not lie within any of the specified areas, but, as described in the paragraph above, it is adjacent to an existing municipality. The intentions of this policy are to evaluate a proposal as it relates to the growth plans of municipalities in the area. Both Windsor and Severance have adopted their own community Comprehensive Plans. On each Town's Land Use Map this property has been identified for low density residential uses which means, in both cases, Estate type lots generally equivalent to a minimum of one lot for every 2 1/2 acres. Soaring Eagle Ranch is a lower density than the minimum density standard for both Towns. See Statements Regarding Compatibility. Another intention of this policy is to minimize conflicts between differing uses. By incorporating significant buffers along the State Highway and addressing the south boundary conflicts with setbacks and landscaping, Soaring Eagle Ranch has used progressive planning tools to mitigate these potential conflicts. Finally, this policy is intended to avoid excessive sprawl, which results in expensive delivery of public services to disconnected outlying areas. Please refer to the discussion about financial impacts on Page 2 of this document. STA- IENTS OF CONSISTENCY SOARING EAGLE RANCH 4) A. Goal 4 states: " Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County" ❖ Response: This goal is supportive of Goal A-1, which expresses a desire to preserve agricultural land. Please refer to the comments made above relative to Goal A-1. Also refer to the Statements of Compatibility section. 5) A. Policy 4.1.8 states: "Utilize techniques such as easements, clusters, building envelopes, and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs." • Response: Soaring Eagle Ranch is a proposal that incorporates many and varied state-of-the-art planning techniques, such as those described in this Policy, that will achieve the minimization of impacts on surrounding property owners, as well as achieve other goals and objectives. 6) Goal A-6 states: "Public facilities and services such as sewer, water, roads, schools, and fire and police protection must be provided and developed in a timely, orderly, and efficient manner to support the transition of agricultural land to urban development. The expansion of public facilities and services into predominantly rural agricultural areas, when the expansion conflicts with other existing goals and policies, will be discouraged. In evaluating a land-use application, Weld County representatives and the applicant will consider the public facilities and services goals and policies." ❖ Response: Please refer to the Public Facilities section of this document. 8 STA' 1ENTS OF CONSISTENCY SOARING EAGLE RANCH URBAN DEVELOPMENT: Section 3 of the Weld County Comprehensive Plan, titled "Urban Growth Boundaries" discusses the goals and policies of Weld County regarding Urban Development. Using the definitions of Weld County, this proposal is an "Urban Scale Development." 1) UGB. Goal 1 states: "Weld County will encourage and assist each municipality in establishing an Intergovernmental Urban Growth Boundary Agreement." ❖ Response: It is our understanding that such an agreement is presently under discussion between Weld County and Windsor which would be followed by a similar agreement between the County and Severance. Presently, both Windsor and Severance have their own Comprehensive Plan Maps which identify their anticipated land uses on this property. Both of these municipalities have identified the expected land uses on this property to be what they call Estate type residential lots which is equivalent to a minimum of 1 lot on each 2 ''A acres. The density proposed is equivalent to 1 lot on each 3.42 acres, which exceeds their classifications. It is expected that any intergovernmental agreements between these municipalities and Weld County would reflect the Comp Plans of each municipality, which would be supportive of our proposal. 2) 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." ❖ Response: As was described earlier, this proposal is adjacent to the municipal boundary of Windsor. 3) UGB. Goal 3 states: "The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure, and other matters affecting orderly development." ❖ Response: As was stated above, this property is not inside an urban growth boundary, but it does substantially conform to the land use maps of the Comp Plans of both Windsor and Severance. Therefore, even though this property is not specifically applicable to this Goal, Soaring Eagle Ranch does meet the stated desires of the Goal regarding coordinated land use planning. 9 STAI 'ENTS OF CONSISTENCY SOARING EAGLE RANCH 4) UGB. Goal 4 states: 'Whenever possible, open space within a development should be connected to existing open space. This would create a system in which farming can be implemented, wildlife can move through, and visual qualities can be maintained." ❖ Response: A thorough discussion of the open space elements of this development proposal is offered in the accompanying Development Guide, Component Five: Common Open Space Usage. The open spaces of this development have been carefully thought out to accomplish a variety of planning goals: a) Expanded setbacks along the highway offer open spaces that not only protect the homes from the road noise, but also create a visual spacing that enhances the rural characteristics of the region. These large spaces will also provide for some limited livestock to be kept, retaining an agricultural component in the neighborhood. Setbacks along the lakeshore will act as a buffer for sensitive wildlife habitat. b) The limited building envelope or lineal clustering concept also accommodates wildlife movement, visual open space and a rural feel. c) The large expanses of common area open spaces as well as the neighborhood trail system add to the qualities that are described in UGB. Goal 4. d) Finally, this property is adjacent to the shore of Big Windsor Reservoir, a large regional open space. CONCLUSION: Overall, we believe that this development proposal complies with all four Goals in the Urban Development Section of the Weld County Comprehensive Plan. Furthermore, the applicable Policies associated with the Goals in the Comp Plan support this development in Weld County. 10 STA" 1ENTS OF CONSISTENCY SOARING EAGLE RANCH PLANNED UNIT DEVELOPMENT: In the Comprehensive Plan Document is the Section titled "Planned Unit Development" (PUD). As described earlier, this proposal will be a PUD. 1) PUD.Goal 1 states: "Maintain land-use regulations that allow County officials to review development proposals that combine uses by right in two or more zone districts, or which in some manner qualify as a Planned Unit Development according to the definition in the Weld County Subdivision Ordinance, as amended." ❖ Response: The proposal has lot sizes, density, lot coverages, open spaces and other components that do not specifically correspond to the existing land use regulations. Therefore, this proposal falls under the described intent of PDU.Goal 1. 2) PUD. Goal 2 states: "Encourage creative approaches to land development which will result in environments of distinct identity and character." •S Response: This development has many creative and distinct characteristics that make it unique. The location of the property and the surrounding environments offer visual and aesthetic values that are out of the ordinary. The land plan, the amenity designs, the landscaping, and the architectural design criteria will combine with the site to create a neighborhood of distinction. 3) PDU. Goal 3 states: "Ensure that adequate public services and facilities are available to serve the PUD or district." ❖ Response: Please refer to the accompanying Development Guide; Component Two: Service Provision Impacts. Also see Public Facilities in this document. 4) PUD. Goal 4 states: "Promote efficient and cost effective delivery of public facilities and services in the PUD." • Response: This development proposal is compatible and harmonious with existing and planned uses on adjacent properties since the existing uses are residential / agricultural that are either zoned in the Town of Windsor for residential development or are in Weld County and could be 11 STAT ENTS OF CONSISTENCY SOARING EAGLE RANCH developed as residential uses in either a non-urban or urban scale category. Extensive open spaces in the neighborhood are easily accessible and available for all homeowners. The maintenance of all roads, greenbelts, septic systems, open spaces, trails, or other commonly shared lands or facilities shall be provided by the residents of the subdivision via the Homeowners Association and/or the Environmental Management Provision of the Covenants. Access to and from the development will be on Colorado State Highway 257 and will conform to the requirements of the Colorado Department of Transportation. 5) PUD. Goal 5 states: "All Planned Unit Development should pay its own way." ❖ Response: This development proposal will generate significant revenue to Weld County in the form of Building Permit Fees and Property Taxes. Due to the low density and especially the access onto the State Highway, impacts on Weld County maintained infrastructure would be minimal. All other utilities servicing this development will charge the development according to their own pricing and policies. 12 STA- 1ENTS OF CONSISTENCY SOARING EAGLE RANCH PUBLIC FACILITIES: Please cross-reference this section with the accompanying Development Guide: Component Two; Service Provision Impacts. 1) P. Goal 1 states: "Promote efficient and cost effective delivery of public facilities and services." • Response: As described in earlier sections of this document as well as the Development Guide, cost effective delivery of public facilities and services will be provided. 2) P. Goal 2 states: "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of Weld County." ❖ Response: Adequate facilities and services are provided. 3) P. Policy 2 describes where urban scale developments should be encouraged to locate, which is further elaborated upon in P. Policy 2.3 which states: "The County will encourage the development of a balanced and cost effective transportation and circulation system by promoting higher density cluster uses in and around existing municipalities and mixed use development areas and activity centers. This will help to ensure that maximum efficiency and use are derived from investment in existing public facilities;" • Response: Soaring Eagle Ranch is a "higher density cluster" subdivision that is being proposed "around existing municipalities." This policy statement seems to further support the proposal. 13 STA" 'RENTS OF CONSISTENCY SOARING EAGLE RANCH TRANSPORTATION: The Goals and Policies of this section are being considered and applied in this proposal. One important Goal is the County wide trail system. Many have identified major ditches and canals as possible future trail corridors. Our discussions with the Larimer/Weld Ditch Company have included this possibility and the creation of a tract that encompasses the ditch helps to accommodate that desire at some future time. The Homeowners Association will retain ownership of this Tract, but the Declaration of Covenants will acknowledge the potential of creating a public trail in this location as part of a trail network in Weld County. It will be added that the Homeowners Association may not resist transferring ownership of this Tract to another party for the purposes of providing a place for the trail, provided the Ditch Company is in full agreement and the Homeowners Association will not bear any costs or liabilities. 14 STAT ENTS OF CONSISTENCY SOARING EAGLE RANCH ENVIRONMENTAL RESOURCES: Please cross-reference this section with the accompanying Development Guide; Component One: Environmental Impacts; and Component Two: Service Provision Impacts; and the Environmental Management Handbook. The two most important and applicable categories of this section are water and sludge waste. Soaring Eagle Ranch has incorporated sophisticated environmental management systems into the planning of the development, as well as the structure of the Homeowners Association that will assure maximum efficiency in the use of both treated and irrigation waters, as well as the highest level of design and management of individual septic systems. First, this development will have two separate water systems. Potable treated water will be supplied by the North Weld Water District as part of their extensive water system. All portions of the household water systems will meet their rigid standards. A secondary irrigation water system will be installed which will use irrigation water delivered to the property via the Larimer/Weld Canal. This water will be stored in an on-site reservoir and piped under pressure to each individual home site. The water rights, as well as the irrigation facilities, will be owned and managed by the Homeowners Association. Each home will have an individual septic system to handle their sewer waste. Please refer to the Septic System section of the accompanying Environmental Management systems handbook for specific design and management details. Generally speaking, each homeowner will pay an annual assessment, along with their regular assessment, to the Homeowners Association. These assessments will be specific to the inspection and maintenance of each septic system every year. The Association will contract with an Environmental Management firm to inspect the level of sludge in every tank annually, inspect the proper functioning of the leach fields annually, and record their finding for each system. Furthermore, these assessments will fund the pumping of each septic tank every four years as a preventative maintenance measure. Qualified personnel meeting all Weld County health and environmental standards will properly dispose of the sludge removed from the tanks. By using advanced technology and designs of septic systems, combined with thorough management and maintenance systems, the long-term problems that may be associated with septic systems will be minimized. Also included in this report is a discussion of managing the groundwater levels 15 STA- !ENTS OF CONSISTENCY SOARING EAGLE RANCH to avoid negative influences on septic systems. By managing the amount, placement and timing of irrigation water on each lot, the groundwater table will be minimally influenced by surface applications on site. This will result in a lower and more stabilized groundwater level. Another technique which will be employed to assure adequate spacing between septic systems and groundwater is the identification of specific leach field envelopes on each lot, which are placed on the lots in locations that are designed to have large separation from the identified groundwater table. Finally, in order to further assure these separations, the areas of the property that presently have the highest groundwater table (based on monitoring logs beginning in May, 1999) will be filled significantly (up to 10') to assure adequate separation. Please refer to the Development Guide Component Two, Page 8; Sewage Disposal Provisions. 16 STA" TENTS OF CONSISTENCY SOARING EAGLE RANCH NATURAL RESOURCES: WILDLIFE: Soaring Eagle Ranch is a plan that has taken into consideration many natural resource issues. First and foremost are the issues relating to wildlife and wildlife habitat. Many years of working with the Colorado Division of Wildlife and other natural resource organizations on other development projects and wildlife issues has resulted in the land plan for Soaring Eagle Ranch that recognizes and accommodates many important wildlife concerns. Since the 1960's this property has been closed to all waterfowl hunting as part of the Canadian Goose reintroduction plan for Northern Colorado. Big Windsor Reservoir, in combination with other reservoirs and lakes in the region, has been used during the fall and winter months as a resting area for large quantities of geese and ducks. This property has also been used for resting by the waterfowl, and has also offered some feeding from harvest waste and spillage. Based on discussions with several Colorado Division of Wildlife personnel and other wildlife consultants about Soaring Eagle Ranch, the plan presented includes many mitigation techniques that are intended to lessen the impacts of this development on waterfowl. It is expected that many geese will continue to frequent the area and will use the Reservoir and this property as they historically have. However, because the property would have a different use and the ground cover would be different than the farm crops, some feeding would be disbursed over a larger area. This area would include the many farms in Northern Colorado and would also include the cities and towns of the region. On one hand, this might improve hunting because more geese are disbursed onto more farms. On the other hand, more geese might move into the metro areas to feed in parks and open areas. It is impossible to know exactly what will occur, but it is generally believed that many of the geese will adapt to the development and remain in the area, while some will move to other areas. Regionally, the impacts on the goose populations and their distribution should be negligible and imperceptible. Another important wildlife component that is somewhat related to the waterfowl is the Bald Eagle. Wintering Eagles are seen more and more frequently in Northern Colorado and particularly in the treed areas around bodies of water. Many weak and injured geese use Big Windsor Reservoir and the Bald Eagle, along with other hunters and scavengers, feed on the dying or dead birds. The Eagles perch in the more mature trees and have been seen in the small stand of trees on this property. The 17 STA 'lENTS OF CONSISTENCY SOARING EAGLE RANCH development plan proposed has created a buffer around these trees where no housing will occur, visual screening will be planted, pedestrian traffic will be managed, and a specified wildlife viewing and interpretive site will be constructed. It is intended that these mitigation techniques will reduce the disturbances to the Eagles so that they will continue to use these trees. During the months when Bald Eagles are not in the area, hawks, owls and other birds will have a habitat area that is protected for their uses. There are other forms of wildlife that are in the area such as fox, coyotes, raccoons, and other mammals. By restricting fencing to the building envelopes, corridors for wildlife movement around the homes will remain open. Furthermore, the slough area running between the Reservoir and the Larimer/Weld Canal will remain open to accommodate wildlife. The enhancement of this area as a wetland and a more wildlife friendly environment should encourage all types of wildlife to feel comfortable in this space. Soaring Eagle Ranch is a model development plan that incorporates many wildlife friendly elements into its design. 1) W. Goal 1 in the Natural Resources portion of the Comprehensive Plan, states: "New developments should be located and designed to preserve critical ecosystems components, including wetlands, significant wildlife habitats, and migration corridors. Significant wildlife habitat is defined as a geographical area containing a combination of the essential elements of food, water, cover, and space and in quantities sufficient to support a species." And; W. Policy 1 states: " Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect water fowl areas." And; W. Policy 1.1 states: "Conflicts with fish and wildlife habitats and migration routes shall be considered in land development. Developments adjacent to rivers and streams, waterfowl areas, and important or critical wildlife areas should incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the Colorado Division of Wildlife." •• Response: This goal and the associated policies express the desire to be sensitive to wildlife and their habitat, and suggest using mitigation techniques derived from the Colorado Division of Wildlife in land planning and designs. The proposal presented does incorporate many ideas from the DOW such as setbacks, buffers, corridors, visual screening, and others. Furthermore, enhancements to the wetlands and other habitat areas coupled with designated viewing areas, limited access, and ecological interpretive/educational components contribute to the compliance with this Goal and these Policies. 18 STA' 1ENTS OF CONSISTENCY SOARING EAGLE RANCH 2) W. Policy 3.1 states: 'The integrity of movement in wildlife corridors should be preserved." •3 Response: The lineal clustering concept combined with expansive open spaces facilitate wildlife movements through the property. 3) W. Policy 4 states: "Destruction of wetlands or riparian areas will be strongly discouraged." Response: The slough or wetland running between the Reservoir and the Eaton Ditch will be protected from disturbance and maintained as a wetland. Enhancements to this area will be incorporated into the landscape plans. The area on the property identified as riparian habitat will be buffered and screened, and human activity in this area will be limited. These measures further comply with the policies of Weld County. OPEN SPACE, PARKS AND RECREATION: (Please cross reference with Development Guide, Component Five: Open Space Usage.) The visual prominence of this property is from State Highway 257. Extensive setbacks from the roadway are intended to enhance the rural feel of the area. Open rail fencing along the property line and the allowance of limited amounts of livestock should also enhance the rural character of this corridor. Sensitivity to the shoreline of the reservoir and the area of the ditch results in large setbacks from these areas. Natural drainage ways and the area of trees will also be protected. 1) O. Goal 4 states: "Development improvements should minimize visual scarring from grading, road cuts, and other site disturbances and should integrate new landscaping with the existing natural landscape. In addition, stabilization and landscaping of final land forms and continuous maintenance of new landscaping should be assured." Response: Please see the attached landscape plans and also refer to Development Guide, Component Ill: Landscaping, for information regarding the integration of new landscaping. As has been stated earlier, the Homeowners Association shall be responsible for the maintenance of the common area landscaping. 19 STA" 1ENTS OF CONSISTENCY SOARING EAGLE RANCH 2) O. Goal 5 states: "The County will strive to conserve significant stands of trees and shrubs, large expanses of prairie grasses, and unique forms of vegetation and land area." C. Response: The stand of trees on the property has been identified and measures have been taken to protect them. 3) O. Policy 5.2 states: "Attractive, drought-tolerant landscaping should be strongly encouraged in all land use documents." ❖ Response: All areas of common area landscaping, except the main entry, shall be planted with drought tolerant native grasses with low maturity height. 4) O. Policy 5.3 states: "Drainage channels should be designed to incorporate natural vegetation and be constructed to conform to the natural landscape; channelization of natural drainageways is strongly discouraged." Response: The existing slough will be retained and enhanced with natural vegetation in the natural landscape. 5) O. Goal 6 states: "Provision should be made for open space to meet human needs throughout the County in order to protect and enhance the quality of life and enjoyment of the environment." 4. Response: The extensive trail system, expansive, usable open space, water features, school bus pick-up/drop-off areas, and other open space amenities meet the needs of the people in the neighborhood. 6) O. Goal 8 states: "Open space should be promoted as a buffer zone as a means for protecting from development those areas which have significant environmental, scenic, or cultural value." ❖ Response: The buffers along State Highway 257 help mitigate the visual impacts of the development. The buffers along the shoreline and the ditch, as well as the spacing of the home sites, help protect environmental values in the area. 7) O. Goal 9 states: 'The private sector, non-county agencies, and other governmental jurisdictions should be encouraged to participate in open space preservation and trails development in Weld County." Response: The accommodation of the creation of a regional trail encourages the County, surrounding municipalities, ditch companies and 20 STA" 1ENTS OF CONSISTENCY SOARING EAGLE RANCH others to explore this possibility. 8) O. Goal 10 states: 'Whenever possible, open space within a development should be connected to existing open space. This would create a system in which farming can be implemented, wildlife can move through, and visual qualities can be maintained." ❖ Response: The connection of this property using corridors, buffers and setbacks, to the open space of Big Windsor Reservoir facilitates wildlife movement and maintains visual qualities. 21 STA AENTS OF CONSISTENCY SOARING EAGLE RANCH CONCLUSION: It appears that Soaring Eagle Ranch is consistent with many of the stated Goals and Policies of the Weld County Comprehensive Plan. This is a creative, state of the art development proposal that incorporates many thoughtful and innovative ideas into the design, planning and management of a quality development. 22 STA1 ENTS OF CONSISTENCY SOARING EAGLE RANCH SOARING EAGLE RANCH HOMEOWNERS ASSOCIATION BUDGET (PROJECTED) REVENUE: 114 LOTS @ $400 each per year $45,600 Interest from Reserve Accounts $ 1,000 $46,600 TOTAL REVENUE: $46,600 ANNUAL MAINTENANCE: Landscape $ 7,500 Snow Removal $ 2,500 Irrigation Water $ 5,500 Pump Electric $ 1,500 Street Light Electric $ 400 Insurance $ 1,460 Administration $ 500 TOTAL MAINTENANCE: $19,360 $19,360 ANNUAL RESERVES: Road (3.75 Miles) * $ 7,000 Landscape Replacement ** $ 1,000 Septic Management *** $18,240 Irrigation System **** $ 1,000 TOTAL ANNUAL RESERVES: $27,240 $27,240 TOTAL EXPENSES: $46,600 See Notes Regarding Reserves 23 STA, ENTS OF CONSISTENCY SOARING EAGLE RANCH NOTES TO SOARING EAGLE RANCH PROJECTED BUDGET * Road Reserves: Road Reserves will be collected from each lot owner each year and held in reserve to fund a crack-fill and seal-coat application every 5 years. After 10 years or 2 seal-coat applications, this reserve amount will double to fund a patching and replacement maintenance program. Assessments shall be determined by the HOA. ** Landscape Replacement: Landscape Replacement will top out at $5,000 in the reserve account. This will be used to replace plants, repair amenities such as walls or fences, etc. The first year of lot ownership will trigger a $45.00 dollar assessment for each lot to generate the reserve. Future assessments will be determined by the HOA. *** Septic Management: Septic Management assessments will be collected from each owner commencing at the time of septic permit approval from the HOA and Weld County. Each annual assessment will equal the sum of the annual inspection and maintenance amount plus 1/5 of the amount to pump the septic tank. Each tank will be pumped at a minimum of 5 year intervals. Any additional pumping, as determined by the annual inspection, will be an expense directly to the homeowner. **** Irrigation System: The Irrigation System reserve will top out at $10,000 in the reserve account. This will be used to repair or replace irrigation system components (individual homeowner systems excluded). $45.00 will be assessed at closing with the remaining $45.00 assessed at time of hook-up to the irrigation system. Future assessments will be determined by the HOA. 24 SOARING EAGLE RANCH WELD COUNTY P.U.D. DECEMBER 29, 1999 STATEMENTS REGARDING COMPATIBILITY cEoVEJNES T ' 3030 SOUTH COLLEGE FORT COLLINS, CO 80525 970-226-1500 970-223-4156 FAX STATEMENTS REGARDING COMPATIBILITY SOARING EAGLE RANCH STATEMENTS REGARDING COMPATIBILITY Assessment of Compatibility is separated into three categories: 1) Present Surrounding Land Uses. 2) Anticipated Land Uses. 3) Statement from Surrounding Land Owners. PRESENT SURROUNDING LAND USES: The attached map shows the subject property and the location of various land uses in the area. There are 6 estate type subdivisions shown, all within just over a mile of Soaring Eagle Ranch: •8 North West Estates and Roth Estates are older subdivisions (1970's to 1980's) with lots varying in size from 1 acre to 2 '/z+ acres. 4. Alexander Estates is adjacent to Roth Estates and is a 2'h acre lot development inside the Town of Windsor. •3 Valley View Subdivision is made up of lots from 4 acres to 15 acres. ❖ Shiloh is composed of 2 'Az to 15 acre lots. ❖ North Shores is inside Windsor and is primarily 2 'h acre lots. ❖ Mariah is a newly approved PUD made up of 1+ acre lots clustered around greenbelts. Existing homes on sites from one acre to several acres are also shown. The existing Estate type subdivisions, combined with the many small parcel home sites in close proximity to the Soaring Eagle Ranch proposal, indicate that this subdivision proposal would be compatible with existing land uses in the area. 1 STATEMENTS REGARDING COMPATIBILITY SOARING EAGLE RANCH ANTICIPATED LAND USES: Both the Town of Windsor and the Town of Severance have produced land use maps for their Comprehensive Plans that have included this property. Both have excluded this property from their Urban Growth Area Boundaries ("Growth Management Area" in Windsor), but have indicated their anticipated land uses for this property on their maps. In both instances, this property is identified as low density residential, which is equivalent to a minimum of 1 lot for every 2 '/2 acres. Soaring Eagle Ranch is equivalent to 1 lot for every 3.42 acres. Therefore, the plan proposed is compatible with the anticipated land uses of each municipality as described on their Comprehensive Plan land use maps. Directly across the highway from Soaring Eagle Ranch is land that is annexed into the Town of Windsor. This property is zoned PDR, Planned Development Residential. (This zoning classification has recently been revised to RMU, Residential Mixed Use.) This zoning designation allows for a mix of land uses, but is anticipated to be predominantly residential. ANNEXATION PROPOSAL HISTORY: Part of the evaluation of this property for development included consideration of annexation into either Windsor or Severance. The following outlines the reasons this project is being proposed in unincorporated Weld County. WINDSOR: Over the past several years Windsor has annexed thousands of acres into their Town. These annexations have been very controversial and helped encourage the community to develop the Windsor Comprehensive Plan. This Plan identified land areas that Windsor considered to be best suited for various land uses as well as what lands should be inside Windsor Town limits. Even though the property in question is adjacent to Windsor, it was excluded from the Windsor Growth Management Area in the Comprehensive Plan. This indicates that Windsor does not expect to annex this property. The land use identified for this property in the Windsor Plan is "low density residential" which is defined by them to be a density equivalent to 2 '/2 acre lots. 2 STATEMENTS REGARDING COMPATIBILITY SOARING EAGLE RANCH Since the Soaring Eagle Ranch proposal has an average lot size of 3.42 acres, this proposal meets and exceeds their density standards. Over the past year, two other similar development proposals in the same general area have been presented to Windsor for their review. One proposal, Mariah Estates, was adjacent to the Town limits, but outside of their Growth Management Area boundary. Up to and including the Final Draft of the Windsor Comprehensive Plan, Mariah Estates was shown on the land use map as outside the boundary. Once the document was published, this property had been included inside the boundary even though the owner was processing a development proposal through Weld County. Questions about the development regarding road linkages, trails and land-use plans were brought up by Windsor during their referral, but this project was ultimately approved in Weld County. The second proposal, the Zeil Farm, was presented to Windsor at the outset because it is adjacent to the Town limits and is inside the Growth Management Area Boundary. It was determined that this property should pursue development outside of Windsor. During the review process of this property in Weld County, Windsor discussed the proposal as a referral. Other than issues related to roads, trails and lot configuration, the Windsor Planning Commission was supportive of this development in Weld County. Based on the history of the developments described above, as well as the fact that this proposal adheres strictly to the land use map of the Windsor Comprehensive Plan, it was concluded that Soaring Eagle Ranch should be processed for approval through Weld County. SEVERANCE: Early in the process of evaluating this property, the Town of Severance adopted a new Comprehensive Plan for their community. This land was identified on their land use map as being outside their Urban Growth Area, but within their Planning Influence Area. In the discussions about land use outside the Urban Growth Areas, Estate-type zoning of large lots using individual septic systems was envisioned. Because this property could be annexed into the Town, we approached Severance with an annexation proposal. Initially, the Town was receptive to this annexation, but at the third meeting we attended, a Town Board member raised several issues that resulted in tabling the proposal for 60 days. At the end of the tabling period, two additional meetings were held where the issues raised were discussed by the applicant and other respondents. Even though the issues were addressed, it was moved to table the annexation for one year. Unfortunately, no specifics 3 STATEMENTS REGARDING COMPATIBILITY SOARING EAGLE RANCH were given to the applicant as to what issues should be resolved, and, in fact, the Town Attorney expressed uncertainty as to whether a one year tabling was appropriate. Because of the clear sense that the Town did not want to annex, we withdrew the request. STATEMENTS FROM SURROUNDING LAND OWNERS: The attached map shows the subject property and the surrounding property owners who were contacted to give their opinions about the development of Soaring Eagle Ranch. ❖ The areas highlighted in green are supportive of the proposal. •3 The areas highlighted in blue offered no comment. ❖ Nobody was opposed to the project. These property owners were contacted because the question of compatibility is most influential on the people who live in close proximity to the proposal. As the map indicates, most of the property owners support Soaring Eagle Ranch. Letters from some of these supporters are also attached for review. 4 4/c47 ...„4„7„, ,---,i, 6-0,4/72./.."7 ,0„...t.i9"_ ...//ce_r_ gnee...i..,,,,,,/ ;- 2. t z4 � ,, zv� .5--c_____,(zi..e.„._____ zezrz7pc._(:. , ,4,C' -/. ,mayK---. . kK.,,,Z-- `-- C- -C---Ce ",-;_-C-fre.1.,_4 f-14--e-C;; ,-e-C---H /at., ,2-e,---6Z-- 4- .,---u4_ / ' - I � - /1 Zr-;7-L---, /272lC,-/y/1/ - 7721-6--7c-c- , 0 �� ✓ C e1 L'1: ' Lis' GG: , I _L'e L" - / �� 7 Jr- ( ,/✓.��iE.C�2.*-,-✓/ ,,e y /GG /Z' O d c /----/-e-R/ i_Ave-ce_te._,L _.z .,(7-t_z_ td--)---__ez, _ vz ....-22-,-7 ,Lz;c -c.:/e.„2- _n_7 .c -. ,A�7 VZLnCc i r`�J , /�7la,CJ24.2 .ice✓ do lv=e..A.iG� � ' J;1 GZ /�7,--; ✓Z ,SL'srncr� . /ZL- e--,e„,,, c1,'c_. :7- -e--- .4-1- 1'!t`.:i1-.— P9iiL//yam!' ‘,174,2L-'-e /Y -e-'CG C /\__, 7,,,- ZC-e.- - / i_.e-L-1 ,-(' 7C / .___/,.. , i77LC%C. o'er X,�9 �z� G--- ---77.2/2-t. :G! et .7,17---(c /je-- �' / .7.---2-7,----c- / / L-47---6.-e-Zex „iziKe,_144 ) LAKES L ARROW LIMOUSIN 9 , , 2 WELD COUNTY ROAD #78 970-686-2267 FORT COLLINS, COLORADO 80524 BILL & SUE LAKE �(2--c S� \S1lg �� _0 -c c2.0 Q _ C 111 acan4.1Q_ D it arts_,_cc, 0.cr- 4 _ c)--Qaa.„. (-) > fO ." a w cam- Z_ \ l ` December 13, 1999 TO WHOM IT MAY CONCERN: I am writing in regards to the Cullison family farm north of Windsor, Weld County, Colorado, currently being proposed as development property called Soaring Eagle Ranch. My name is Lois Cullison Tongish. As one of the owners of this property, I am naturally supportive of this proposal. About 80 acres of this property belonged to our great uncle in the late 1800s and the rest was homesteaded by our great grandparents. I am very proud of the fact that it has been in the family for over 100 years and I have a deep affection for the farm. I was born in Windsor and, having spent my childhood and also several years of my adult life in Windsor and on the farm, I, of course, desire the best for this part of Weld County....as well as for myself I also grew up with the knowledge that someday I would inherit part of the farm; believing that this inherited property would be mine to use as I wished. It was my security for my old age. Now, my siblings and I have inherited the farm. I am getting old and would like to spend the rest of my life living nearer to my children in Ohio. To make this possible, I personally need to sell this property as I cannot receive enough from farming to support me. My siblings have their own reasons for wanting to sell. As farmers cannot make a living wage in this day and age, it is to our advantage to sell to a developer. For me specifically,this spells out "private property rights". I believe this property can be turned into a beautiful, ecologically sound housing development, equally desirable to humans and wildlife. Mr. Stanley Everitt has diligently researched information about this development,has extensive building developmental knowledge, and has designed very nice plot plans with plenty of open space or"green" grounds. As regards the ecology of wildlife in this area, I have been doing a little research. I have found that many lakes have been added to new housing developments which have brought in many types of wildlife to an area. Thus, I cannot imagine why a development built near wildlife should be a detriment to the region. I am positive that most of this area near town will be developed some day in the future and to deny me this opportunity at this time would not, I believe, be allowing me my fair property rights. My grandchildren are growing fast and I would like for us to get to know each other better while my health is reasonably good. Thank you for your consideration and attention to this matter. Sincerely Lois M. Cullison Tongish December 11, 1999 To Whom it May Concern, I am writing this letter in support of the development for Soaring Eagle Ranch. My name is Connie Cullison Harding and I am about 1/4 owner of Cullison Family Farms, LLC. This land is north of Windsor, Colorado and is under contract to be developed by Everitt Companies. I feel that private property rights should include the right to sell our land for any reason, whether it be for farming, development, etc. I think more decisions need to made based on"placing the shoe on the other foot" - in other words, put yourself into my position and ask yourself what you would do in the same place I am in. Our farm is no longer making enough profit to sustain us and this is a chance to do something with the land, before things get worse. I would hope that if I chose to move to a new area, people there would take it as a compliment and welcome me. I feel that those who do not want the area developed are closing their minds to the fact that people are going to move into this area, whether its here or some other spot near here. It's inevitable that change is coming and change should be looked at as challenging and positive. Thank you for your consideration. Sincerely, (4*tei:4e6 �� fl "/ Connie Cullison Harding C 608 35th Ave Ct. Greeley, CO 80634 Home phone: (970) 356-7855 Work phone: (970) 336-6336 December 2, 1999 TO: Whom it may concern I am Tom Cullison, Manager of Cullison Family Farms, LLC. , and I wish to express my support for the proposed development of "Soaring Eagle Ranch" north of Windsor Colorado, by Everitt Companies. A part of this proposal is on our farm land. I hold that the sanctity of private property rights was a cornerstone in the founding of cur country. The growth of our country, including its network of highways and infrastructure, has been most effectively accomplished when the private sector is allowed to proceed with minimal interference from government. One of the challenges of growth has been the balancing of the rights and interests of the public and private sectors. An unfortunate result of this balancing process is the increasing tendency of government to weigh in on the perceived side of the public good often resulting in the diminishment of private property rights and values. This includes over-reaching land use regulations, exaction and other limitations that significantly diminish private property rights without compensation. There is wide concern of increasingly significant intrusions by government into the rights of farmers and their right to sell their farm land at the best possible price available. If government is going to require open space or a "Save the Farms" philosophy, then the land owner should be compensated for any losses he -- might incur due to decreased property values. The building and development industries are two of the more heavily regulated industries. Both businesses require significant capital, long range planning and vision, all of which can be significantly affected by a burdensome and often subjective regulatory environment. The ability to deliver quality housing and a product to market requires stability in several areas, including the regulatory environment in which the businesses must be conducted. Yet the regulatory environment in which business is conducted tends to be volatile and in many cases subjective, making it increasingly difficult to operate within. The building and development industries and government agencies must work with each other to establish a trusting working relationship. Quality developments in our communities are goals sought by both private industry and the government, and can only be attained by an attitude of trust and respect for the roles of each in the process and not by the creation of an adversarial environment. Despite sincere efforts by the private sector and government to establish this relationship, there will be times when such efforts are unsuccessful. If a breakdown in this relationship occurs resulting in an unacceptable intrusion into private property rights, then there should be methods that allow a speedy resolution to determine whether government has exceeded its authority, and, if appropriate to compensate the private property owner for the losses suffered. Sincerely, — Tom Cullison 4anager Cullison Family Farms, LLC Windsor, Colorado Contact Information: Tom Cullison 4636 W. 1st Street Greeley, CO 80634 HM: (970) 353-4251 WK: (970) 346-7403 K&M Company C/o Thomas K. Moore P.O. Box 2206 Ft. Collins, CO 80522 December 2, 1999 Weld County Planning Department 1400 N 17th Ave. Greeley, CO 80631 To Whom It May Concern: I am writing this letter in regard to the Cullison Farm property located North of Windsor on Highway 257. It is my understanding that the Everitt Companies are proposing a development, named Soaring Eagle Ranch, on this site. K & M Company is the owner of the farm South of; and adjacent to the Cullison property. We are a family partnership that has owned this property since the 1930's. We very much support the project. It seems to us to be a well thought out plan. The size of the lots and quality of the layout should create a very livable community. We wish the Cullisons and Everitt Companies the best of luck with this project. If you have any questions please do not hesitate to call me. Sincerely, I A1147 t' Thomas K. Moore 970-482-8082 December 1, 1999 Weld County Planning Department Greeley, Colorado To Whom It May Concern: As property owners located in the vicinity of the proposed Soaring Eagle Ranch, we would like to encourage the approval of this development. It is our belief that projects that meet county regulations and codes can only enhance the quality of growth in Weld County. Sincerely yours, (_.James A. Ochsner ;2' JoAnnSOchsner Dougl s J. chsner v DEVELOPMENT GUIDE SOARING EAGLE RANCH WELD COUNTY P.U.D. DECEMBER 29, 1999 I � I / I ! / I I I I ' I ' EVE TT CompAN,Es 3030 SOUTH COLLEGE FORT COLLINS, CO 80525 970-226-1500 • 970-223-4156 FAX _ I i DEVELOPMENT GUIDE SOARING EAGLE RANCH TABLE OF CONTENTS DEVELOPMENT GUIDE SOARING EAGLE RANCH SUBJECT PAGE INTRODUCTION 1 PLAN REVISIONS 1 COMPONENT ONE: ENVIRONMENTAL IMPACTS 3 Noise and Vibration 3 Smoke, Dust and Odors 3 Heat, Light and Glare 3 Visual and Aesthetic Impacts 3 Electrical Interference 3 Water Pollution 4 Waste Water Disposal 4 Wetland Removal 4 Erosion and Sedimentation 4 Excavating, Filling and Grading 4 Drilling, Ditching and Dredging 4 Air Pollution 4 Solid Waste 5 Wildlife Removal 5 Natural Vegetation Removal 5 Radiation/Radioactive Material 5 Figure 1: Wildlife Components 6 COMPONENT TWO: SERVICE PROVISION IMPACTS 7 Schools 7 Law Enforcement 7 Fire Protection 7 Ambulance 7 Transportation 7 Traffic Impact Analysis 7 Storm Drainage 8 Utility Provisions 8 Water Provisions 8 Sewage Disposal Provisions 8 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT THREE: SITE DESIGN 11 Buffers from Adjacent Land Uses 11 Lineal Clustering and Density Shifting 13 Figure 3: Lineal Clustering and Open Space 13 Figure 4: Typical Individual Lot Design Components 14 Individual Lot Design 15 Open Space 15 Trails and Interpretive Station 15 Community Irrigation System 16 Planting and Irrigation Techniques 16 Enhancement and Buffering of Wildlife Habitat 16 Site Design Responses to Requirements 17 Summary Chart of Land Use and Residential Land Use 19 COMPONENT FOUR: COMMON OPEN SPACE 20 Wildlife Corridors 21 Interpretive Station 21 Trail System 21 Figure 4: Typical Individual Lot Landscape 22 COMPONENT FIVE: LANDSCAPE AND IRRIGATION 23 Common Open Space Landscape 23 Entry Landscape 23 Homeowner Landscape 24 Buffering of Adjacent Land Use & Wildlife Habitat 24 Sustainability of Bald Eagle Perches 25 Landscaping Elements Responses to Requirements 25 Irrigation 26 Summary of Peak Season Design & Annual Water Requirements 27 Notes to Summary of Peak Season Design 28 COMPONENT SIX: SIGNAGE 29 COMPONENT SEVEN: M.U.D. IMPACT 29 COMPONENT EIGHT: INTERGOVERNMENTAL AGREEMENT IMPACTS 29 DEVELOPMENT GUIDE SOARING EAGLE RANCH DEVELOPMENT GUIDE SOARING EAGLE RANCH WELD COUNTY P.U.D. INTRODUCTION: Soaring Eagle Ranch is a development proposal located in Weld County, approximately 5 miles north of Windsor adjacent to the east side of Colorado State Highway #257. It is proposed as a P.U.D. of estate type lots. The following is a response to the Development Guide Requirements of Weld County. We have selected the "Conceptual Development Guide" option. PLAN REVISIONS: The following revisions were made to the Sketch Plan in response to Weld County Planning comments and other referral comments: 1) The neighborhood open space has been increased to exceed the 15% minimum requirement. Improved access to this open space has also been added so every lot is either adjacent to or within 600' of common area open space. 2) The trail system has been enhanced and revised so it no longer is in close proximity to the Reservoir or encroaches into the wetland area. 3) Lots around the existing trees have been eliminated and a restricted access buffer area with landscape screening has been created to address Colorado Division of Wildlife issues regarding eagles. 4) A school bus stop location has been determined. It is located on Soaring Eagle Circle between Kingfisher Court and Twin Heron Court. 5) All access to all lots in the development will be directed to the two approved intersections on Colorado Highway#257. DEVELOPMENT GUIDE SOARING EAGLE RANCH 6) The roadways and greenbelts in the north 1/3 of the proposal have been slightly changed to increase the amount of greenbelt, better facilitate access to the greenbelts, accommodate wildlife issues, and improve overall drainage in this area. 7) Some revised sizing and shaping of lots has been done to address the above mentioned issues. 2 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT ONE ENVIRONMENTAL IMPACTS A. NOISE AND VIBRATION: Ultimately this development proposal will consist of single family dwellings which will have noises typically associated with a low density housing subdivision (i.e. household activity, lawn maintenance, trash and delivery service, etc.) Because of the distances between homes, as well as the extensive greenbelts and setbacks, the impacts of these types of uses will be minimal. Generally, this type of use does not cause excessive or noticeable vibration. During construction of the development, as well as home construction, there will be a higher level of noise and vibration. Care will be taken to schedule work during normal daylight hours to avoid excessive nuisance, and the Protective Covenants will have criteria for building that will address these issues. B. SMOKE, DUST AND ODORS: The ultimate use of single family homes will generate very little smoke, dust, and odors, particularly since the entire site will be either paved or landscaped at build-out. To mitigate dust during construction, watering of exposed areas will be practiced. Furthermore, once the overlot grading is completed and the utilities and streets have been cut and installed, the site will be seeded with a drought tolerant native type grass that will be maintained on all lots and open spaces throughout the development and building processes. C. HEAT, LIGHT AND GLARE: These impacts should be minimal during construction and when the homes are occupied. D. VISUAL AND AESTHETIC IMPACTS: Many aesthetic elements will be integrated into the land plan, landscaping, fencing, signage, architectural control criteria, protective covenants and other components to enhance the visual and aesthetic impacts of this development. Please refer to "Component Five: Landscaping and Irrigation" and "Component Three: Site Design" for further information. E. ELECTRICAL INTERFERENCE: This is not applicable because the electrical service to the neighborhood is ordinary electrical service, buried underground to each lot. 3 DEVELOPMENT GUIDE SOARING EAGLE RANCH F. WATER POLLUTION: It is recognized that this site is in close proximity to Big Windsor Reservoir and the Eaton Ditch, and that water quality is an issue. Submitted with this application is a preliminary drainage plan that identifies the drainage basins of the project, and where and how site water will be conveyed. Many water quality enhancement features will be incorporated into the design and technical support information to assure superior water quality treatment where needed. Some of these features include a centralized retention pond that collects a large portion of generated storm water to settle and clarify; extensive grassy areas to control erosion as well as to trap sediment; enhanced wetlands for clarification and wildlife habitat. These and other water quality features will keep water pollution to a minimum. G. WASTE WATER DISPOSAL: Waste water in the form of storm water is discussed above in Section F. Sewer waste water will be treated using individual septic systems. Please refer to Component Two, Section J, - Sewage Disposal Provisions. H. WETLAND REMOVAL: There is a small area of seepage from the Eaton Ditch that could be considered a marginal wetland. This area will be designated an open space common area and these wetlands will be repaired and enhanced. No wetland is to be removed from the site. EROSION AND SEDIMENTATION: As discussed earlier, many precautions will be taken to address short term and long term erosion and sedimentation issues. State of the art Best Management Practices for water quality will be employed to meet or exceed Weld County standards. J. EXCAVATING, FILLING AND GRADING: All development activity will conform to approved plans and will be done to cause the least disturbance to the existing environment. Home building will be monitored and managed using the Architectural Control mechanisms built into the Protective Covenants. K. DRILLING, DITCHING AND DREDGING: None of these activities will occur. L. AIR POLLUTION: Low density housing in a rural environment generally results in fewer automobile trips compared to urban type developments. Furthermore, highway travel at higher speeds generates far 4 DEVELOPMENT GUIDE SOARING EAGLE RANCH less pollution per mile than more congested travel. These two components should help to keep air pollution from automobile travel at a minimum. On- site trails and recreation areas also offer residents areas that are complimentary to pedestrian travel and/or bicycling, also reducing air pollution. Also see "B. Smoke, Dust and Odors." M. SOLID WASTE: Trash removal will be coordinated through the Homeowners Association to reduce the frequency of trash trucks through the neighborhood. Solid sewage disposal will be handled with on-site septic systems. See "G. Waste Water Disposal." N. WILDLIFE REMOVAL: Wildlife impacts have been a major concern since the inception of this development proposal. Many suggestions from the Colorado Division of Wildlife, as well as other wildlife experts, have helped direct the land planning and other elements that will mitigate the impacts on wildlife. Design characteristics such as setbacks, wildlife movement corridors, open spaces, ponds, wetlands, etc., combined with creative landscaping such as seed mixes of grassy areas, screening plantings around more sensitive habitat areas, limited fencing to accommodate wildlife movement, etc., blend together in an exceptional subdivision plan that is very sensitive to wildlife issues. It is expected that many of the mitigation techniques incorporated in the Soaring Eagle Ranch development will become industry standards to assure a sustainable inter-relationship between wildlife and development. See Next Page: O. NATURAL VEGETATION REMOVAL: Presently there is little if any natural vegetation because the property is almost entirely cultivated or grazed. Please refer to "Component Five-Landscape and Irrigation." P. RADIATION/ RADIOACTIVE MATERIAL: This area is not known for high radon levels and the more permeable soils of the site are less likely to have high levels of radiation. Precautions will be taken during the home building process to meet all applicable regulations regarding radon in Weld County. 5 • • • \ Open Space I \\ Wetlands \ `Open Space These wetlands,which are heavily K " — .7 \ \' grazed presently,will be renovated ,�, \/� and placed into an open space tract as C apart of this project. The trail which ✓etlands II I / // }� runs adjacent to this wetland will be 'It i • / ,\/) screened with plantings. This wetland • ! \• � _ _ J I' // // / / / open space is interconnected to the • I /� / open space throughout the / / / j \ subdivision. • Interpretive Station View to •• - This viewpoint will focus human • MOUnaaInS \ • activity in a location which is • • \ h non-threatening to the wildlife habitat. / / \ • This station will allow views of the • wetlands,the mountains to the west, / / " • \Open Space the tree grove,and Windsor Reservoir. Equipped with educational • / signage,seating,and a spotting scope _— this interpretive station will be an / excellent amenity to the subdivision i • while protecting the wildlife habitat of • \ / // the project. _ • • • '\ / ~ Tree Grov- • \/• Tree Grove r� This tree grove which Is utilized by \ \ ' • bald eagles as a day perch will be placed in a large tract with a minimum • . • , . • N of 300 feet open space between the trees any road,trail,residential lot,or the interpretive station. These trees / \ . View to \ will have cottonwood seedlings \ planted among them to create a Windsor sustainable tree grove. Access to this \ \ • •• Reservoir tree grove and open space will be . restricted during the months the trees --- �\ are utilized by the eagles. • \ Open Space • \ \ \ • • Open Space As shown in this sketch there are large % tracts of open space surrounding the \ wildlife habitat of this project. This \ • open space is interconnected to the / open space throughout the site. This \ • . •.•>-'-,... open space also separates each lot or Open Space �� / \ cluster of lots allowing movement of . •' wildlife throughout the site. The /� i �\ / - plantings in the open space areas will C \ f 1 1 \ provide valuable new food sources for wildlife. i\ \� _ — `L• _ J • Windsor Reservoir \• 1 I — :—T—Open - I • • ' " • �\ An important regional wildlife habitat, —Open Space — Windsor Reservoir will be connected• to the open space of this project ,_ I I through numerous open space connections. These connections will allow unobstructed movement of wildlife between this project and the reservoir. Figure 1 Wildlife Components 6 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT TWO SERVICE PROVISION IMPACTS A. SCHOOLS: This development is in the Windsor School District RE-4. Accommodations will be made inside the neighborhood to facilitate school bus stopping for student pickup and drop-off. B. LAW ENFORCEMENT: Law enforcement will be under the control of the Weld County Sheriff. C. FIRE PROTECTION: The property is inside the Windsor/ Severance Fire District. D. AMBULANCE: Emergency services will contact Weld County Ambulance. E. TRANSPORTATION: Colorado State Highway #257 is the roadway that will provide access to this property. Several meetings and discussions with the Colorado Department of Transportation (C-DOT) have resulted in agreement on the lane configurations, right-of-way dimensions, and other technicalities that will be used to meet or exceed C-DOT standards for road improvements on this state highway. Internal roads have been classified as Local Streets per Weld County Standards, with the two entry roads that access the property up to the first internal intersection of both roads, classified as Collectors per Weld County Standards. All internal roads will be maintained by the Homeowners Association. Please refer to the Site Plan for lane configurations of the state highway and the entrance roads, as well as right-of-way widths. F. TRAFFIC IMPACT ANALYSIS: The discussions with C-DOT have not required a traffic impact analysis because we have agreed to meet or exceed their requirements using their baseline traffic count formula. Discussions with Weld County Public Works have resulted in the above mentioned road classifications and configurations. They have agreed to waive the requirement of a traffic impact analysis. 7 DEVELOPMENT GUIDE SOARING EAGLE RANCH G. STORM DRAINAGE: Included with the Site Plan is a Preliminary Drainage Plan that depicts the drainage basins proposed on the project and describes the points of discharge. Final storm drainage plans will be submitted with other final technical support materials. H. UTILITY PROVISIONS: Enclosed is a letter from Public Service Company acknowledging their ability to serve this development with natural gas. Also enclosed is a letter from Poudre Valley REA regarding electric service. U.S. West will be the telephone provider. Cable t.v. is not expected to be provided to this neighborhood. WATER PROVISIONS: Enclosed is an agreement between the Developer and the North Weld Water District acknowledging their ability to serve this development with treated water. J. SEWAGE DISPOSAL PROVISIONS: Sanitary sewer will be handled with individual septic systems. Individual septic systems installed in Soaring Eagle Ranch will be required to meet minimum standards for design installation, monitoring and management that meet or exceed the minimum standards proscribed by Weld County. The following information describes each of these components of septic systems: Design: Generally, individual wastewater treatment systems consist of the plumbing and venting installed in the home; a discharge or drain line from the home that has a clean-out port installed; a multi-chambered septic tank; and an outlet pipe from the tank that is tied to a leach field. The size of the tank and the leach field are calculated using percolation rate data of the soils and the number of bedrooms in the home. Soaring Eagle Ranch design criteria include these elements, but require further refinements: 1) There are typically access ports installed in all septic tanks which allow each chamber of the tank to be accessible for monitoring and/or sludge removal. However, in most applications, these ports are buried during the backfilling of the system. It will be required that all access ports are fitted with an access riser and lid that is flush with the finished grade of the property. This will facilitate the monitoring and maintenance that is required and discussed below. 2) The outlet pipe from the septic tank will be required to have a septic tank effluent filter that will intercept indigestible solids (cigarette butts, diapers, etc.) before they have a chance to reach the leach field. 8 DEVELOPMENT GUIDE SOARING EAGLE RANCH 3) Unless otherwise required in response to site specific soils conditions, the leach fields will be constructed of state-of-the-art interlocking plastic chambers instead of the conventional pipe and stone systems. These leach field systems offer many advantages and Weld County Health Department personnel are familiar with their application and installation. An important upgrade to the leach fields is the ability to alternate the use of 50% of the total field each year, allowing the remaining 50% of the field to "rest" and be ventilated. This alternating leach field process allows one-half of the leach field to work in the usual anaerobic state, purifying the effluent as it percolates through the soil. The other half of the field is working in an aerobic state because ventilation ports are opened allowing oxygen and other atmospheric gasses to enter the leach field cavity. This aerobic exposure completes the digestion of any left over biomat that may accumulate so that when effluent is re-introduced there are no inhibitors to efficient percolation and the anaerobic purification process. 4) The location of leach fields is predetermined on the Leach Field Location Site Plan. These predetermined locations are established to place the leach fields of each home in locations on their lots that put as much distance as possible between the bottom of the leach fields and the highest anticipated groundwater level. In every case, these fields will meet or exceed the separation required by Weld County. Installation: Before applying for a Septic Permit from Weld County, each home builder will be required to do a percolation test on their lot in the designated leach field area. In addition to percolation tests, a test hole shall be dug with a backhoe to a depth of at least 6' below the depth of the bottom of the leach field. This test hole will be examined by a qualified geotechnical engineer and it will be certified that the groundwater level meets the requirements of Weld County. Once these requirements have been fulfilled and a Permit has been issued, the system may be installed. After installation and inspection by Weld County, as well as completion of backfilling, a final inspection will be performed under the direction of the Homeowners Association to assure the maintenance access ports, filters, diversion valves and ventilation ports have been installed correctly. Monitoring and Maintenance: Every year each septic system will be inspected by qualified personnel. This inspection will include measuring the level of sludge in the septic tank, cleaning of the effluent filter, alternating the effluent flow from the in-use leach field to the resting leach field, exchanging the ventilation caps with the air-tight caps, and filing a report on the condition of each system, as well as the duties performed. Any out of the ordinary circumstances associated with any system will immediately be brought to the 9 DEVELOPMENT GUIDE SOARING EAGLE RANCH attention of the homeowner and the managing entity. Septic tank pumping will be required every four years, as recommended by Weld County, or sooner if inspections confirm the need. Management: The management of each component described above will be handled by the Soaring Eagle Ranch Homeowners Association. Each lot owner will be made fully aware of their obligations and responsibilities which will be described in the recorded Protective Covenants of the subdivision. Enforcement provisions including fines, liens on the property, security deposits, and other legal measures will help insure compliance with these requirements. Funding for design review and installation inspection will be handled through a security deposit associated with architectural control review of the proposed home plans. Annual inspections as well as tank pumping every four years will be funded by the collection of annual homeowners dues and placed in a septic management reserve account. Conclusion: The standards and practices described above will assure the installation and management of state-of-the-art individual wastewater treatment facilities in Soaring Eagle Ranch. This proactive approach offers homeowners in this neighborhood a set of guidelines and management tools that helps relieve them of the worries usually associated with septic systems. By raising the standards of design, assuring installations that facilitate easy access and maintenance, and most importantly, building in a maintenance and management system, the septic systems installed in Soaring Eagle Ranch will be safe, clean and functional, benefiting the environment as well as the residents of Weld County. 10 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT THREE SITE DESIGN Please cross-reference with "Component Four - Common Open Space" and "Component Five — Landscape and Irrigation", for further description of the unique planning principles that have been applied to Soaring Eagle Ranch. The site design for Soaring Eagle Ranch utilizes many state of the art planning techniques. Buffers from adjacent land uses, lineal clustering and density shifting, building and landscape envelopes, extensive open space, trails and interpretive stations, a community irrigation system, creative planting and irrigation techniques, and enhancement and buffering of wildlife habitat all contribute to making Soaring Eagle Ranch a unique and exceptional example of site design. 1. BUFFERS FROM ADJACENT LAND USES: The impacts of Colorado State Highway 257, which borders the west side of the site, will be mitigated by several techniques. Large lots that run parallel to the highway will provide a large setback and will be allowed limited numbers of livestock. Two of these large lots utilize existing farm homes and outbuildings, which are located near the highway. These lots will be separated from the Highway ROW by a rural rail fence. The utilization of the existing agricultural buildings, large setbacks from the highway, and allowance of limited livestock will enhance the rural character of the project. The setback between the highway and new residential building envelopes varies from 300 to 550 feet with an average of 430 feet. This large setback will protect homes from road noise as well as create a visual effect from the highway that will demonstrate the rural u\g-4& ,;e.mr , characteristics of the site. Ornamental plantings will be located around the proposed neighborhood entries, both to a i ,<P,„[,.._.6,j 111t, j announce the entry locations and to provide } . n,'s;. '�tptI x: a pleasing aesthetic for highway users and neighborhood residents. The Larimer and Weld Canal is a very effective buffer between this project and the agricultural land use to the north. The Larimer and Weld Canal is a large regional irrigation canal, which is 100 feet - 150 feet wide. The lots adjacent to the irrigation canal also have large setbacks so that the distance from the agricultural land use to the nearest residential building envelope is over 200 feet. 11 DEVELOPMENT GUIDE SOARING EAGLE RANCH Windsor Reservoir property is adjacent to the east side of this project. The buffer between building envelopes and Windsor reservoir is 225 feet - 930 feet with an average of 500 feet, providing an ample buffer. The tree grove along the eastern edge of the site, which is utilized by bald eagles as a seasonal daytime perch site, has been buffered by a large parcel of open space. This buffer, which is over 11 acres in size, will have air i k limited seasonal access. K, k " _? In the seasons when these i 1-.° f raptors are active and r. ,, „ 2 _ utilizing these trees, no ,a 4A e a ,l4 f��`" , .��=a. � - it ��:�n �' access will be allowed within this portion of the open space. There will be signage located along the road and trail that gives the dates of restricted access. An interpretive station that is part of the trail system will allow viewing of the raptors from a distance. See Figure #1, Page 6. This interpretive station will include a fixed spotting scope, a small seating area, and interpretive signage which will describe the eagles, the wetlands that run through the site, the reservoir and the abundant waterfowl that utilize the area, and the mountains that are visible from this vantage point. The road, trail and interpretive station are a minimum of 300 feet from the tree grove and will be screened from these trees with shrubs and small trees. The closest residential lot to these trees is 300 feet away, with the closest building envelope over 350 feet away. The agricultural land use to the south will be buffered from this development in several ways. First, a portion of the lots on the south end of the site, are separated from the agricultural land use by open space. Second, the lots adjacent to the south property line are all large lots with large setbacks. The building envelopes are 100 feet or further from the south property line. Finally, homeowners of the five lots which are adjacent to the south property line, will be required to plant screening landscape as shown on the landscape plan. This screening landscape will help mitigate any potential conflicts between differing land uses. 12 DEVELOPMENT GUIDE SOARING EAGLE RANCH 2. LINEAL CLUSTERING AND DENSITY SHIFTING: Density Shifting allows a transfer of density from the exterior of the site to the interior, with larger lots near the perimeter of the project. These larger lots will provide more open space between building envelopes, increased opportunities for attractive views between buildings, and large setbacks from adjacent land uses. Density shifting also allows density to be shifted across the entire site, creating smaller residential lots while allowing large open space areas. This concept of conservation design preserves wildlife habitat, wetlands, view corridors, areas for homeowner recreation and an interconnected network of permanent open space. This neighborhood open space is connected to the regionally significant open space of Windsor Reservoir in several locations, and is also connected to the Larimer and Weld Canal, which could provide a connection to a future regional trail system. Lineal Clustering is interrelated to the Density Shifting component of the site design. This clustering technique shifts the building envelopes toward the middle of lots creating lineal pieces of individually owned open space separating building envelopes or clusters of building envelopes. This open space separation will create the desired rural aesthetic and will connect with -- the Common Open Space expanding the extensive interconnected open space system. rr�� Windsor Reservoir W odsorReservoir C 11\77/ 1CO \�I I 1(O\\ v ^C'"O\ lo, \t\y i%ga CVic/ I ��II� Trailand Interpretive 1 r-1 r-1 h,r-1 in r -1r—_t I IQ Cli Caner and Weld III ��n �^ Grove ,O I • �� J Ls / `�\ Canal ' r me v �,la I tOrett?e ' . r--11 -1 eo IL_1❑! a in❑I 1❑01 ///��r��e+ ei,„_:;._, I eeL�l Il ILJI I❑I1❑I ❑1 ❑I 'wOL;�JL�J J__i L_JI r.i IIIL..��I....OI (� I� 1 I ___J L_J L_J L_J L_J L_J 1 _ 1 �, Open Space 1 I — Colorado State Highway 257 P. Figure 2 a ,4\ Lineal Clustering and Open Space g 13 Right of Way �""�"� 4'shoulder I �—• 4-- Landscape Envelope: 40'min.•from ROW or I 60'min. I The landscape envelope contains all irrigated/ornamental landscape planting including trees end shrub wetlands 25'min.from plantings. See figure 4 for a open space I description of the typical lot layout. i — — — — — — — —-rThe amount of inigated landscape will I be limited to 20000 square feet unless I a xeriscape landscape which will utilize is I less water per square foot is proposed. min. I I I 22.5' • /max. I I I I Building Envelope: The building envelope will contain all of th • 60'min.fromIROW e vertical permanent improvements, 1 I I including buildings,outbuildings, fences,decks, gazebos,etc. This envelope is generously sized to accommodate these uses while • restricting the placement of vertical I — — — — • improvements to the center of the lot providing a bolter of open space —I- I between each residence. 50'min. I I 60'max. I 4 — Lot Boundary and Open — — — Space: The open space between the -- —_I-._____F --I_ landscape envelope end the lot i I boundary will be planted to match the I I Common Open Space and will be 4 H — — I maintained by the Homeowners �' L — --It' Association. This will create a buffer between homesites as well as create a 4contiguous open space system • t throughout the subdivision. Septic Envelope: The septic envelopes shown on the plans are 2500 square feet(42 x 60)and are located based upon the following criteria: -minimum of 10 feet from any property line -minimum of 20 feet from any structure -minimum of 100 feet from any water course ie:Latimer and Weld Canal,Wetlands -minimum of 200 feet from Windsor Reservoir Please see site plans for locations of Septic Envelopes Figure 3 Typical Individual Lot Design Components 14 DEVELOPMENT GUIDE SOARING EAGLE RANCH 3. INDIVIDUAL LOT DESIGN: Each lot is composed of three elements. The building envelope, which contains all permanent vertical improvements, including: buildings, fences, outbuildings etc. The landscape envelope, which contains the irrigated and ornamental landscape and surrounds the building envelope. The open space component is comprised of native grasses, which will be installed to match the Common Open Space areas. The Homeowners Association will maintain this individually owned open space in conjunction with the Common Open Space. The open space component of each lot will provide an open space buffer between each building envelope or cluster of building envelopes. Each lot will be allowed a specified amount of irrigated landscape. This area of irrigated landscape is smaller than the allowed landscape envelope area, which will encourage creative site and landscape design and a non-linear division between formal landscaping and the open space landscaping. 4. OPEN SPACE: The Common Open Space, in conjunction with the privately owned open space described above, comprises over 54% of this project. The open space component of Soaring Eagle Ranch will provide opportunities for views, unobstructed movement of wildlife, buffering of adjacent land uses, and excellent recreation opportunities for the residents of this subdivision. Common Open Space is easily accessible from every lot. The open space component of this project is further described in Component Four- Common Open Space 5. TRAILS AND INTERPRETIVE STATION: Over two miles of trails will wind through the subdivision open space. An interpretive station along the trail will allow viewing of the raptors that use the tree grove along Windsor Reservoir. The trails and interpretation component of this project is further described in Component Four- Common Open Space 15 DEVELOPMENT GUIDE SOARING EAGLE RANCH 6. COMMUNITY IRRIGATION SYSTEM: A raw water irrigation system will be utilized to irrigate the Common Open Space areas. This system will also distribute irrigation water to each Homeowner lot to irrigate the ornamental landscape portion of each lot. This irrigation system is described in detail in "Component Five - Landscape and Irrigation." 7. PLANTING AND IRRIGATION TECHNIQUES: Progressive planting and irrigation techniques will provide a beautiful and open landscape that will be hardy and drought tolerant. Native trees, shrubs, and grasses will be the predominant planting along with additional plants that are well suited to the site. Common Open Space will only be irrigated in areas of ornamental plantings, primarily at the project entries. Lot buyers will be provided with a suggested plant list and will be encouraged to utilize xeriscape concepts in their landscape plans. The allowed area of irrigated landscape may be increased for xeriscape landscape plans. The landscape and irrigation component of this project is further described in Component Three -Landscaping Elements 8. ENHANCEMENT AND BUFFERING OF WILDLIFE HABITAT: Wildlife, which utilizes Windsor Reservoir and the site, has influenced the site design in several ways. The Colorado Division of Wildlife has had an opportunity to comment on this project and several of the site design components are a response to their recommendations. The native grasses planted in the open space are a part of the aesthetic concept desired. They also act as a deterrent to wildlife, geese primarily, from utilizing the ornamental landscape of the residences as a food source. These native grasses as well as the native trees and shrubs planted in the Common Open Spaces will provide new food sources and habitat for a wide variety of wildlife. See landscape plant list for a wildlife value description of the plantings utilized. The existing wetlands have been set aside as part of the open space areas. A trail, which parallels a portion of the wetland, will be screened with plantings. This wetland traverses the site from the Larimer and Weld Canal to Windsor Reservoir and will provide a migration route for wildlife. Building 16 DEVELOPMENT GUIDE SOARING EAGLE RANCH and landscape envelopes are set back from this wetland as requested by the Colorado Division of Wildlife. These setbacks in addition to the elimination of livestock grazing, will allow these wetlands to become enhanced wildlife habitat. In addition to the wetlands open spaces between residential lots will provide opportunities for unobstructed movement of wildlife. Buffering of the tree grove utilized by bald eagles described earlier is an important component of the wildlife buffering plan. The interpretive station will focus the activity of viewing the important wildlife habitat into a controlled and screened location, and will create an excellent interactive, educational, and non-obtrusive wildlife experience. The following information is provided in direct response to the Development Guide Requirements for Site Design: A. There are a number of unique features on site. The site is bordered on the west by Colorado State Highway 257, on the north by the Larimer and Weld Canal, on the east by Windsor Reservoir, and on the south by agricultural land uses. The wetland described earlier is an existing wetland that runs diagonally from the northwest to the southeast in the northern portion of the property. This wetland is created by ground water seeping from the Larimer and Weld Canal. The water feeding the wetland flows downhill to the southeast eventually reaching Windsor Reservoir. The tree grove described earlier is located along the shoreline of Windsor Reservoir near the middle of this site, and provides daytime perch sites for bald eagles and other raptors during certain times of the year. These raptors use these perch sites for spotting dead or dying geese, along the shoreline or on the ice of Windsor Reservoir, providing food for the raptors. The topography of the site slopes generally from northwest to southeast toward Windsor Reservoir and the southern portion of the project. Please see the drainage report attached to this packet for a more detailed description of the existing and proposed drainage pattern. There are no areas of this property that have steep slopes that would impact the potential for residential lots. B. See 'Statements of Consistency with the Weld County Comprehensive Plan'for a detailed description of the consistency of this proposed PUD with the Weld County Comprehensive Plan. C. See 'Statements of Consistency with the Weld County Comprehensive Plan'for a detailed description of how the uses allowed by the proposed PUD will be 17 DEVELOPMENT GUIDE SOARING EAGLE RANCH compatible within the PUD zone district. No conflicts between land uses are anticipated within the PUD zone district, as all of the land uses within the PUD zone district will be restricted to residential only. D. This proposal has many innovative planning concepts in place to avoid or mitigate potential conflicts between land uses, which surround this development. Please see above description of the buffering techniques utilized. E. This Change of Zone is not located within a flood hazard, geologic hazard, or airport overlay District. 18 DEVELOPMENT GUIDE SOARING EAGLE RANCH Summary of Land Use: Gross Land Area: 382.75 Acres R.O.W. Area: 31.25 Acres Common Open Space Area: 58.17 Acres Net Residential Land Area: 293.33 Acres Summary of Residential Land Use: Net Residential Land Area 293.33 Acres Number of Proposed Lots 114 Net Density 2.57 Acres per Lot .39 units per acre Smallest Lot 1.5 Acres Largest Lot 11.76 Acres Typical Building Envelope .5 Acres Typical Landscape Envelope 1.25 Acres (Including Building Envelope) Average Area of Individually 1.32 Acres Owned Open Space per lot Total Area of Individually 147.61 Acres Owned Open Space NOTES: 1. All lots less than 2 acres are adjacent to Common Open Space. 2. 37% of the lots are between 1.5 and 2 acres. 3. 30% of the lots are between 2 and 2.5 acres. 4. 33% of the lots are larger than 2.5 acres. 19 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT FOUR COMMON OPEN SPACE Please cross-reference with "Component Three - Site Design" and "Component Five — Landscape and Irrigation" for further description of the unique planning principles that have been applied to Soaring Eagle Ranch. 1) The Common Open Space of Soaring Eagle Ranch is an essential component of the subdivision design. The open space helps preserve views, provides opportunities for recreation, protects natural habitat, and allows unobstructed movement of wildlife. The Common Open Space area is 58.17 Acres or 15.2% of the gross land area and is designed to be accessible to the entire development. Located primarily in the interior of the site with a series of connections to the lots on the exterior of the site, the furthest distance from any lot to Common Open Space is less than 600 feet. 65 of the 114 lots (57%) are located adjacent to Common Open Space. An irrigation storage and stormwater retention pond is an important component of the Common Open Space, and is located in the largest parcel of Common Open Space near the center of the project. A large portion of the site drains to this pond (see attached drainage report) and it will also hold the landscape irrigation water that will be distributed to individual lots. This four plus acre pond will be an important visual amenity to the neighborhood, as well as being an attraction for wildlife. 2) In addition to the Common Open Space that is owned by the Homeowners Association there is also a large portion of the site dedicated to privately owned open space. This portion of each residential lot will be planted with the same seed mix as the Common Open Space, and will be maintained by the Homeowners Association. No fencing, ornamental planting or permanent structure will be allowed within this open space. These open space areas will provide a buffer between each building envelope or cluster of building envelopes. This series of open spaces will provide ample opportunities for unobstructed movement of wildlife, opportunities for recreation, and preservation of views. This privately owned open space is approximately 150 acres. In addition to the Common Open Space this sets aside over 54% of the site as open space. The large lots located adjacent to State Highway 257 will provide a large privately owned open space. This large setback will protect the homes from the road noise as well as create a visual effect that will demonstrate the rural characteristics of the site. 20 DEVELOPMENT GUIDE SOARING EAGLE RANCH The Common Open Space will be owned, preserved, and maintained by the Homeowners Association. The Common Open Space will be constructed at the same rate as the residential lots. See "Component Five - Landscape and Irrigation" for more detailed information relating to the maintenance of the Common Open Space. See the attached on-site improvements agreement, which sets forth a plan providing for the installation, permanent care, and maintenance of the Common Open Space, recreational areas, and commonly owned facilities. Modifications have been made to the open space design based upon comments made by Weld County and referral agencies including the Colorado Division of Wildlife. These changes include modifications to the road and lot layout near the existing wetlands that run through the middle of the northern portion of the site. The number of lots adjacent to the wetlands has been reduced to 4 lots from the previous 8 lots. There is a minimum of 60 feet between any landscape or building envelope and the wetland. WILDLIFE CORRIDORS: Connections of open space to the Windsor Reservoir property will allow unobstructed wildlife movement corridors, and will maintain the visual connection between the open space of Soaring Eagle Ranch and Windsor Reservoir. INTERPRETIVE STATION: The interpretive station that was described earlier is an integral component in the open space system. See "Component Three - Site Design" for a complete description. TRAIL SYSTEM: The trail system is 2.2 miles in length, encompassing much of the site. The trail is supplemental to the road system, which due to the low traffic levels within the development, will be utilized for pedestrian traffic, also. The trail will be constructed utilizing a soil cement product, which will solidify the existing soil creating an all-weather surface with the same color as the native soil. A portion of the trail system is adjacent to the Larimer and Weld Canal, with potential to connect to future regional trails systems that may utilize the canal. The entire trail is located outside of the wetlands and the portion of the trail that is adjacent to the wetlands will be screened with shrubs. 21 Right of Way -- - - - - - - \` 1 ! a'shoulder Native • f i 7 I Open Space • • � / Driveway and Entry Grasses / , , I • Landscape: Where the driveway meets the street ornamental inigated landscape could i . —— — — — • . be concentrated as an accent.• Landscape Transition: .I s The transition between inigated I Garage .. I landscape and the native grasses will i ►` I I I be encouraged e a non-linearnatrancreative �-,I and ition. This will encourage creative J.� and unique landscape design for each Ii i�i�- r��tl�j� Intllvidual lot. O I �Z Residential Landscape: —• . =pR •en-- 1 t * Intensive ornamental plantings will be I encouraged near the high-use areas of �,)_4P1. i I� j e • the residence,le:patios,decks, I i 19p f,• ;�' ul��l1ilr` 1 entrances, etc. These ornamental lantin s should then transition to more ��` I 7 I I native species further from the high / I' use areas,and then transition to the to hI • I native open space grasses. I I �l_. ._, r • bt e • / eon Fences: I I - d1a Fences shall be contained within the r'•' building envelope and shall be primarily l low open fences for pet II - -'a-- • containment. Landscape will be y� ' encouraged around fencing to minimize Nature { . { l I I the visual impacts of the fencing. Open Space • --L . Grasses • • • i Boundary Plantings: . •. Native plantings,at the boundaries of \ lots In proximity to Windsor Reservoir, will be encouraged to act as a deterrent Septic Envelope: to the waterfowl from using the ornamental landscape near the Trees and shrubs will be kept clear of roe denrc•s as a food source. the septic leach fields. Figure 4 Typical Individual Lot Landscape 22 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT FIVE LANDSCAPE AND IRRIGATION Please cross-reference with " Component Three — Site Design" and "Component Four - Common Open Space"for further description of the unique planning principles that have been applied to Soaring Eagle Ranch. The landscape components of Soaring Eagle Ranch are designed to be compatible with adjacent land uses while enhancing the unique landscape of the site. The proposed development is bordered by: Colorado State Highway 257 to the west, Windsor Reservoir to the east, the Larimer and Weld Canal to the north and agricultural land use to the south. The following components of the landscape design have been determined to be the most significant: COMMON OPEN SPACE LANDSCAPE: The open space component of Soaring Eagle Ranch is a very large portion of the project. When the Common Open Space component is combined with the individually owned open space the resultant area is over 54% of the gross land area. This large area will provide excellent opportunities for homeowner recreation, unobstructed movement of wildlife, attractive views, and will create a very unique and exceptional subdivision landscape. The desired character of the open space is to be an open and rural landscape. The landscape will be predominately non-irrigated native grasses. Both Common Open Space and individually owned open space will be installed using identical methods and both will be maintained by the Homeowners Association. Where shade or screening is desired within Common Open Space, there will be some trees and shrubs planted. Tree and shrub species will be primarily native species or species that are suitable to this climate and are attractive for wildlife as a food source or shelter. See landscape plant list for wildlife value descriptions of proposed plantings. ENTRY LANDSCAPE: The entry landscape will consist of sequential low walls ending into bermed earth. These walls will contain plantings and will have the neighborhood signage mounted upon them. The planting behind these walls will be ornamental with flowering shrubs and trees in front of an evergreen tree backdrop. The groundcover will be irrigated lawn. The edges of the entry 23 DEVELOPMENT GUIDE SOARING EAGLE RANCH feature landscape will transition into the more native landscape that will be created on the interior of the project. The ornamental landscape is intended to both announce the entry locations and to provide a pleasing aesthetic for highway users and neighborhood residents. HOMEOWNER LANDSCAPE: Homeowner's will be encouraged to utilize similar principles in their landscape design. Ornamental landscape and irrigated lawn near the most visible and high intensity use areas of homes, for example: patios, decks, windows, entries etc. Native and low maintenance plantings should be placed further from the residence as the ornamental landscape blends into the native open space. Homeowner's will be encouraged to create a meandering edge between irrigated and non-irrigated landscape rather than a hard linear division. Xeriscape principles will also be encouraged, with an increase in the allowed irrigated portion of a lot if approved by the Architectural Review Committee. Each lot buyer will be given an informational packet, which will include landscape and irrigation techniques recommended by the Homeowners Association. BUFFERING OF ADJACENT LAND USES, AND ON-SITE WILDLIFE HABITAT: Buffering of SH 257: See "Component Three - Site Design" Buffering of Windsor Reservoir: See "Component Three - Site Design" Buffering of Agricultural Land Uses: The residential lots adjacent to the agricultural land uses to the south of Soaring Eagle Ranch will be screened utilizing shrub and tree plantings. See landscape plan for planting locations and plant species. This vegetative screen will help mitigate potential conflicts between these residential lots and the agricultural land uses. Buffering of On-Site Wildlife Habitat: The trail, which winds through the site, parallels the wetlands for a short distance and will be screened with shrubs. The tree grove, which is used for perching by bald eagles, will also be screened from the road, trail, and interpretive station utilizing trees and shrubs. These plantings will be installed at the same time the open space is installed. 24 DEVELOPMENT GUIDE SOARING EAGLE RANCH SUSTAINABILITY OF BALD EAGLE PERCHES: The tree grove that is utilized by bald eagles as a perching site is `t an important component to the t l , ' : wildlife habitat portion of this project. The majority of the grove at this time is nearing maturity and has few juvenile m,._. trees to replace the mature trees as they begin to die. A part of • the Common Open Space r "� *" � ' _ : ;,1 planting plan will include plantingmaintaining seedlings amongst these mature trees to help create a sustainable tree grove for the raptors to utilize. The following information is in direct response to the Development Guide Requirements for Landscaping Elements: A. Please See attached Landscape Plan. B. Please See Buffering description above. C. The Homeowners Association will be responsible for the maintenance of the Common Open Space landscape as well as the open space portion of Homeowner lots. Please see Environmental Management Handbook. This maintenance will include: periodic mowing, weed control, fertilizing, aeration, tree and shrub pruning, and trash pick-up. Individual lot owners will be responsible for maintaining the irrigated landscape portion of their lots. The Homeowner Association will monitor maintenance of these irrigated landscape areas. If any lot is not being maintained to accepted neighborhood standards the Homeowners Association will have the responsibility to correct the situation. D. Please see attached "On-site Improvements Agreement." 25 DEVELOPMENT GUIDE SOARING EAGLE RANCH IRRIGATION: The irrigation system for Soaring Eagle Ranch will be a centralized raw water irrigation system. Please see "Environmental Management Handbook." This system will divert water from the Larimer and Weld Canal through an underground pipe into the centralized Irrigation and Stormwater Retention Pond. A pump will then pressurize the system for distribution to areas of irrigated Common Open Space and to individually owned lots. This system will allow individual property owners to irrigate their landscape with the raw water system, thus significantly reducing potable water usage. The irrigation system will include a weather sensor, which will shut the system down during a storm event. Each homeowner will be provided with an information packet which includes: detailed historic data, including estimated evapotranspiration rates during the irrigation season, along with recommended irrigation rates. Recommended landscape and irrigation techniques to reduce the water requirement for each lot will also be provided. These components of the irrigation system will help ensure that the irrigated portions of individually owned lots will not be over-irrigated which will eliminate run-off and/or percolation of irrigation water. Each lot will be limited to a maximum of 20,000 s.f. of irrigated landscape. The Architectural Review Committee of the Homeowners Association will evaluate landscape plans prior to landscape installation. Landscape plans, which propose xeriscape planting principles, may be granted more irrigated area. Irrigation will be limited to nighttime hours to reduce the rate of evapotranspiration. Please See Pages 27 and 28 for "Peak Season Design and Annual Water Requirements"information. 26 DEVELOPMENT GUIDE SOARING EAGLE RANCH PEAK SEASON DESIGN AND ANNUAL WATER REQUIREMENTS: Irrigated Area 54 acres Peak Season Design Irrigation Requirement 0.25 inches/day Operating Loss 0.06 inches Total Daily Application Requirement .31 inches Total Daily Application Requirement 1.39 acre feet Total Daily Application Requirement 453,742 gallons Seasonal Irrigation Requirements 36.0 inches Seasonal Effective Precipitation 7.0 inches Total Seasonal Irrigation Application 29.0 inches Total Seasonal Irrigation Application 130.5 acre feet Total Seasonal Irrigation Application 42,537,598 gallons SEE "NOTES" ON FOLLOWING PAGE: 27 DEVELOPMENT GUIDE SOARING EAGLE RANCH NOTES TO PEAK SEASON DESIGN AND ANNUAL WATER REQUIREMENTS: a) Proposed irrigation system operational efficiency is assumed to be 80%. b) Proposed irrigation system tap utilization efficiency is assumed to be 85%. Tap utilization efficiency is defined as the average design flow/ average available flow. c) Peak season irrigation requirement of 0.25 inches per day is as- sumed for the irrigated landscape areas and is based upon National Weather Service data and a crop coefficient of 0.80. d) A seasonal precipitation of 14 inches is used and is based upon Na- tional Weather Service Information. Precipitation is assumed to be 50% ef- fective. e) The irrigated acreage is an estimate based upon the conceptual site and landscape plans. Some changes may be made as these plans are fi- nalized. The irrigated area includes 20,000 s.f. of irrigated landscape per homeowner lot and two acres of irrigated Common Open Space for orna- mental landscape located near project entries. f) The irrigation water requirement, based upon the conceptual plan, is 130.5 acre feet. 163 acre feet of water will be dedicated to the Home- owners Association. This will account for normal season irrigation require- ments with an additional 25% dedicated to account for abnormally dry years, and for supplemental watering of trees and shrubs located in Com- mon Open Space areas during plant establishment. The irrigation water will be dedicated from Windsor water and/or Larimer and Weld Canal wa- ter. 28 DEVELOPMENT GUIDE SOARING EAGLE RANCH COMPONENT SIX SIGNAGE Signage in this development will consist of street signs, traffic control signs and entry feature signs. No other signs of a permanent nature will be allowed in the subdivision. All signs discussed above will meet all Weld County standards and will acquire a building permit where applicable. COMPONENT SEVEN M.U.D. IMPACT This section is not applicable because the proposal does not lie within a Mixed Use Development (M.U.D.) area. COMPONENT EIGHT INTERGOVERNMENTAL AGREEMENTS IMPACTS Currently, Weld County does not have an Intergovernmental Agreement with the Town of Severance or the Town of Windsor (excluding law enforcement I.G.A.'s). 29 • . I ' ENVIRONMENTAL MANAGEMENT HANDBOOK FOR SOARING EAGLE RANCH WELD COUNTY P.U.D. PRELIMINARY DRAFT OUTLINE 3 DECEMBER 22, 1999 cCO vAMES 3030 SOUTH COLLEGE FORT COLLINS, CO 80525 970-226-1500 970-223-4156 FAX ii ENVIRONMENTAL MANAGEMENT HANDBOOK FOR SOARING EAGLE RANCH WELD COUNTY P.U.D. PRELIMINARY DRAFT OUTLINE TABLE OF CONTENTS: Introduction 2 Irrigation System 3 Storm Water Facilities 4 Roads 4 Common Areas 5 Privately Owned Open Space 5 Septic Systems 6 Peak Season Design & Annual Water Requirements 7 Notes to Peak Season Design & Annual Water Regs 8 Homeowners Association Projected Budget 9 Notes Regarding HOA Budget Reserves 10 ENVIRONMENTAL MArvAGEMENT HANDBOOK SOARING EAGLE RANCH INTRODUCTION : The Environmental Management Handbook will be an appendix to the Protective Covenants of Soaring Eagle Ranch. It is a document that describes several components of the development that will be the responsibility of the Homeowners Association or individual lot owners. The following outline describes the various elements of the Handbook; how they will be managed; who is responsible for taking care of them; and, how the funding of each item will be collected. As a part of the Covenants, this document will have the enforcement and collection authority of the Homeowners Association and it will act as an encumbrance on each property. • ENVIRONMENTAL MA,.AGEMENT HANDBOOK SOARING EAGLE RANCH IRRIGATION SYSTEM : The neighborhood will be served by a separate water system that allows each lot to tap into a pressurized water line for irrigation water. The Homeowners Association will own and operate this system, which will include the ditch that delivers water to a reservoir on the property. The reservoir will be a lined pond that will have a large pump or series of pumps which will draw water from the reservoir and deliver it under pressure via underground pipes to each individual lot, as well as to the two landscaped entry-ways. Each lot will be allotted a specific amount of water and a specific watering time schedule. See Pages 7-8, Table A: "Peak Season Design and Annual Water Requirements." The amount of water and time will be directly related to the landscape plans that are submitted and approved by the Homeowners Association (HOA). Each lot is allowed a maximum of 20,000 square feet of irrigated turf area, plus areas for shrubs and trees, all of which must be contained within the designated landscape envelopes. The remaining portions of each lot must be either improved areas or native grasses. Upon approval of the landscape and irrigation plans for each lot, the owner will be allowed to tap into the irrigation system. The HOA will manage and maintain the system up to this tap facility and the individual homeowners will manage and maintain their systems, including the tap facility that is on or accessory to their lot. Please see Pages 9-10 for "Projected Homeowners Association Budget" for irrigation system expenses and reserves. 3 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH STORM WATER: Storm water facilities consist of: • Swales • Pipes ❖ Detention (Retention Areas) ❖ Water Quality Features ❖ Culverts • Rip Rap Each of the storm water facilities will be identified and the technical/engineering aspects of each facility will be detailed. The ownership and maintenance of these facilities will be the responsibility of the HOA, funded through the collection of annual dues. Any facilities or drainage that is over or adjacent to any lot will be described and the responsibilities of each homeowner, as they relate to drainage, grading and maintenance, will be spelled out. Since the primary storm water facilities are also part of the common area landscaping or the roads, the maintenance and reserve accounts for these categories will include storm water. ROADS: The roads throughout the neighborhood will be dedicated to the County, but maintained by the HOA. A reserve amount for seal-coating, crack filling, patching and overlay is discussed in the Projected HOA Budget. 4 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH COMMON AREAS: The common areas will be owned, managed and maintained by the HOA. Other than the two entryways, all common areas will be landscaped with a drought-tolerant native grass seed mix. Once established, these areas will require periodic mowing (one per month, typical), periodic fertilizer, and broadleaf weed control (one per season), and infrequent maintenance and/or replacement. The entryway features will be maintained at a high quality, manicured level. Weekly mowing, daily irrigation, annual flowers, ornamental trees and shrubs, and all of the care usually given to high caliber features, will be applied to both entrances. PRIVATELY OWNED OPEN SPACE: Outside of the landscape envelope of each lot is an extensive area that is planted with the same grass mix as described above in "Common Areas." The maintenance of this open space will be done by the HOA in conjunction with Common Areas. 5 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH SEPTIC SYSTEMS: Individual septic systems can be designed to function perpetually if they are managed and maintained properly. A portion of the Environmental Management Handbook will detail the design criteria required of each septic system installed in Soaring Eagle Ranch. The HOA will hire qualified technicians to inspect the plans for each system, inspect the installation of each system, perform annual maintenance and monitoring of each system, and keep a running record of each systems performance. The annual dues collected from each lot owner will include an amount held in reserve by the HOA which will go to annual inspections and reports on each system, as well as pumping of every septic tank every four (4) years. These management practices will be a pro-active approach to assure properly designed and functioning systems in Soaring Eagle Ranch. 6 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH TABLE A PEAK SEASON DESIGN AND ANNUAL WATER REQUIREMENTS: Irrigated Area 54 acres Peak Season Design Irrigation Requirement 0.25 inches/day Operating Loss 0.06 inches Total Daily Application Requirement .31 inches Total Daily Application Requirement 1.39 acre feet Total Daily Application Requirement 453,742 gallons Seasonal Irrigation Requirements 36.0 inches Seasonal Effective Precipitation 7.0 inches Total Seasonal Irrigation Application 29.0 inches Total Seasonal Irrigation Application 130.5 acre feet Total Seasonal Irrigation Application 42,537,598 gallons SEE "NOTES" ON FOLLOWING PAGE: 7 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH NOTES TO PEAK SEASON DESIGN&ANNUAL WATER REQUIREMENTS: a) Proposed irrigation system operational efficiency is assumed to be 80%. b) Proposed irrigation system tap utilization efficiency is assumed to be 85%. Tap utilization efficiency is defined as the average design flow/average available flow. c) Peak season irrigation requirement of 0.25 inches per day is assumed for the irrigated landscape areas and is based upon National Weather Service data and a crop coefficient of 0.80. d) A seasonal precipitation of 14 inches is used and is based upon National Weather Service Information. Precipitation is assumed to be 50% effective. e) The irrigated acreage is an estimate based upon the conceptual site and landscape plans. Some changes may be made as these plans are finalized. The irrigated area includes 20,000 s.f. of irrigated landscape per homeowner lot and two acres of irrigated Common Open Space for ornamental landscape located near project entries. t) The irrigation water requirement, based upon the conceptual plan, is 130.5 acre feet. 163 acre feet of water will be dedicated to the Homeowners Association. This will account for normal season irrigation requirements with an additional 25% dedicated to account for abnormally dry years, and for supplemental watering of trees and shrubs located in Common Open Space areas during plant establishment. The irrigation water will be dedicated from Windsor water and/or Larimer and Weld Canal water. 8 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH SOARING EAGLE RANCH HOMEOWNERS ASSOCIATION BUDGET (PROJECTED) REVENUE: 114 LOTS @ $400 each per year $45,600 Interest from Reserve Accounts $ 1,000 $46,600 TOTAL REVENUE: $46,600 ANNUAL MAINTENANCE: Landscape $ 7,500 Snow Removal $ 2,500 Irrigation Water $ 5,500 Pump Electric $ 1,500 Street Light Electric $ 400 Insurance $ 1,460 Administration $ 500 TOTAL MAINTENANCE: $19,360 $19,360 ANNUAL RESERVES: Road (3.75 Miles) * $ 7,000 Landscape Replacement ** $ 1,000 Septic Management *** $18,240 Irrigation System **** $ 1,000 TOTAL ANNUAL RESERVES: $27,240 $27,240 TOTAL EXPENSES: $46,600 See Notes Regarding Reserves 9 ENVIRONMENTAL MANAGEMENT HANDBOOK SOARING EAGLE RANCH NOTES REGARDING RESERVES SOARING EAGLE RANCH PROJECTED BUDGET * Road Reserves: Road Reserves will be collected from each lot owner each year and held in reserve to fund a crack-fill and seal-coat application every 5 years. After 10 years or 2 seal-coat applications, this reserve amount will be adjusted to fund a patching and replacement maintenance program. Assessments shall be determined by the HOA. ** Landscape Replacement: Landscape Replacement will top out at $5,000 in the reserve account. This will be used to replace plants, repair amenities such as walls or fences, etc. The first year of lot ownership will trigger a $45.00 dollar assessment for each lot to generate the reserve. Future assessments will be determined by the HOA. *** Septic Management: Septic Management assessments will be collected from each owner commencing at the time of septic permit approval from the HOA and Weld County. Each annual assessment will equal the sum of the annual inspection and maintenance amount plus 1/5 of the amount to pump the septic tank. Each tank will be pumped a minimum at a minimum of 4 year intervals. Any additional pumping, as determined by the annual inspection, will be an expense directly to the homeowner. **** Irrigation System: The Irrigation System reserve will top out at $10,000 in the reserve account. This will be used to repair or replace irrigation system components (individual homeowner systems excluded). $45.00 will be assessed at closing with the remaining $45.00 assessed at time of hook-up to the irrigation system. Future assessments will be determined by the HOA. 10 SOARING EAGLE RANCH WELD COUNTY P.U.D. ON-SITE IMPROVEMENT AGREEMENT LETTER 4,,, wauri COMPANIES December 15, 1999 Mr. Lee Morrison Weld County Attorney P.O. Box 1948 Greeley, CO 80634 Re: Soaring Eagle Ranch Dear Mr. Morrison: Attached is a draft of the Subdivision Improvements Agreement you sent to me from your office. As we discussed, Everitt Companies, as the Developer of Soaring Eagle Ranch, recognizes that our acceptance of provisions of this Agreement will be a requirement for final approval of our development proposal. If we are approved for a Change of Zone by Weld County, we will include a finalized executed Agreement in our final plan submittal package. This will include a completed Exhibit A and B as well as a binding commitment for collateral. Please let me know if you would like any further information at this time. Sincerely, ireA47 Stanley K. Everitt Executive Vice President SKE:dr Enc. Corporate Ofr¢es 3030 South College Avenue•Fort Collins•Colorado•80525 VRuling Addres 01) Hos 21'_3•Fort Collins•Colorado•80322 Telephone.070122o-1'0o•FAA_)970)?23=136•Denver Line'(303)623-601s IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLI.AUERAL- FOR LMPkOVLMEN1:S (PUBLICLY MAINTAINED ROADS) 'Fl1Ls AcitbEMENI',mode and entered into this day of , by and between theCountyal'Weld,Stal.eofColorado,actingthroughItsl3oardofCountyCommissioners,hereinaltercalled "('oanty", ..—___--- —.._ . ..-----. ,hereinafter called "Applicant". WII'NESSP'I'll: Will REAS, Applicant is the owner ol'or has a controlling interest in the fbllowing described property in the County of Weld, Colorado: WHEREAS,a final subdivision/PI)1)plat of said property, to he known as has been submitted to the County for approval; and WHEREAS, Section -- -- ..,Mille Weld County(Subdivision)(Liming)Ordinance provides that uo final plat shall he approved by the County until the Applicant has submitted a Subdivision Improvernent Agreement:I(uartmteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion,are listed in Exhibits"A" and "B" of this Agreement. NOW,THEkRI ORE,IN CONSIDERATION t)F the foregoing rid ot'the acceptance and approval of said final plat, the parties hereto promise,covenant and agree as follows: 1,0 thigiipepriti:Service/ Applicant shall furnish, t its own expense,all engineering services in connection with the design and construction of the subdivision improvements listed on I'.xhibit "A" which is attached hereto and made a part of this reference. I.I The required engineering services shall be perforated by a Professional Engineer and IAnd Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. I.2 The required engineering services shall consist of, but not he limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the muds within the subdivision by the County, Applicant shall Revised 6/97 39tid ZVZ0Z9£0L6:X0d IA09 A10 Q'l3M:QI i£:0I 66. £i'ZT 98b'oN 31Id furnish one set el reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 ftiahls-ol-Wnv and&mitts morns: Belitre commencing die construction ol'any improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and Incilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall he furnished to the County for recordinµ. 3.0 Cons[ruetit ; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A;which is attached hereto and made a part hereof by this reference,according to the construction scltedulc set out in Exhibit"I)"also attached hereto and tnade n part hereof by this reference, 3.1 Said construction shall be in strict couforutartce to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall he required to install improvements in accordance with the requirements and standards that world exist il'the plat were developed within the corporate of that community. Ifthc incorporated comfit ltnity has nut adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated eotnntunity an the County have requirements and st.tmdar'ds, those requirement and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing ol'materials or construction that is required by the County; and shall furnish copies of test results to the County. 3,3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of materiel and work in Applicant's expense. Any material or work not conl'nrrnfag to the approved plans and specifications shall be removed mid replaced to the satisfaction of the County a.t. Applicant's expense, 3, f The Applicant shall furnish proof that propel'arrangements have been male for the installation of sanitary sewer or septic systems, water, µas, electric and telephone services. 3.5 Said subdivision improvements shall he completed, according to the terms of this Aµreement, within the construction schedule appearing in Exhibit"li". The Hoard of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "13'upon application by the Applicant subject to the terms of Section 6 herein, 2 Revised)n/97 £ 30tid ZP?O?980L6:Xtid 1/105 ,110 t l3M:QI T£:0T 66, ET/?T 981O°N 3113 4.0 Release u1'Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result oral! suits,actions or chums ofevety tritium and description caused hy, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the Intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction untie improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safely and health. 5.0 Vff-Sitelmprovemeutgfteiutbufsement r)eedure: •lhe subdivider,applicant,orowuerm»y he reimbursed for off-sire road improvements as provided in this section when It has been determined by the Hoard ofcoumy Commissioners that the road fitcilities providing access to the subdivision arc not adequate in structural capacity, width,or functional classification to support the traffic requirements of the uses of the subdivision, 5,I The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the oil-.site improvements. 5.2 The off-site improvements agreement shall contain the following: 1'hc legal description of the property to be served. The name of the owner(s)of the property Io be served. A description of the off-site improvements to he completed by. the subdivider, applicant, or owner. - the total cost of the off-site improvements. 'I'Ite total vehicular trips to be generated at build-out by the subdivision,or resubdivision, its specified by the l'1'L 'l'rip Generation Manual, or by special study approved by the Hoard of County Commissioners. - A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. ▪ Any off-site improvements agreement shall he matte in conformance with the Weld County policy on col hi tend tin improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reiuthursenteut.under this section is fhrfofted. 5.4 When it is determined by(lie Board of County Commissioners that vehicular(mule fi'orn a subdivision or resuhdivision will use a road improvement constructed under tin improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider.applicant,or owner, for a portion of the original 3 Itcviscd a/v7 • 17 39tid ZPZ0Z980L6:Xtid 11109 A10 Q'13M:QI Z£:0T 66. £T/ZT 9817'°N 31I3 construction cost, In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of die total rip impacts generated by the original developint. Evidence that the original subdivider.applicant,or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be sohmitted lu the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant,or owner Of subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the(.'ohmrudo Construction Cost Index used by the Colorado Division on ligitways. '.lie cost ofroad improvements may he paid by cash contribution to the prior subdivider, applicant or owner or by lirrthor road improvements which benefit the prior subdivider,applicant, or owner's property. 'Ibis decision shall be at the sole discretion of the 'Laird ol'Connly Commissioners based upon the need liar further oft-site road improvements. 5.6 'I'be report entitled M P UENERATILLI.Obirdlditiott, 19821 of the institute of Transportation Enghleers shall normally be used for culculnting a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall he used Ii>r land uses not listed in the l't'li 't'rill (icueration Manual. Arty question about the number of trips u subdivision or resubdivision will generate shall he decided by the(County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the county, is ten years from the date of execution of a contract for road inprovements. • 5.8 'Phis provision is not intended to create any cause Of action against Weld Comity or its officers or employees by any subdivider,applicant.or owner liar reirttbursement, t"and in no way Is Weld County to be Considered a guarantor of the monies to he reimbursed by the subsequent subdividers, applicants,or owners. 6.11 Accewtaacp of streets fair Maiij.cnuncg hyjue Comm: Upon compliance with the following procedures by the Applicant,streets within a.subdivision ratty be accepted by the County as a purl of the County road system and will be maintained and repaired by the County. 6.I If desired by the County, portions ol'street improvements may he placed in service when completed according to the schedule shown on Exhibit"f3",hut such use and operation Anil riot constitute an acceptance of said portions. 6.2 County may, at its option. issue building permits for eunstruelion on lots for which street improvements detailed herein have been started but clot completed as shown on Exhibit"13", 4 awired 6/97 5 39tid ZVZ0Z580L6:Xtid 1f109 A10 Q'13M:Q I Z£St OT 66. £T'ZT 9817.°N 311A d and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of'the development is sntistuctury to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.1 upon completion of the construction of streets within n subdivision and the filing of a Statement of Substantial Compliance. the applieent(s) may request in writing that tie County Engineer inspect its streets and recommend that the Hoard ofCounty Commissioners accept them for partial maintenance by the County. Portia) maintenance consists of all maintenance except fin- actual repair of streets, curbs and gutters, and related street improvements. Not sooner dam nine months alter acceptance Ihr partial maintenance of streets,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets idler notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for lull maintenance. Upon a receipt of n positive unqualified recommendation from the County Engineer fur acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall he responsible for the Rill maintenance of said streets including repair. 7.0 GenergLl a Lilt uent..te ce lulet•u . 7,1 The value of all collateral submitted to Weld County must be equivalent to I1)0% of the value of the improvements as shown in this Agreement. Prior to final flat approval, lie applicant shall indicated which of the live types of col latent I prelered to he utilized to secure the improvements subject to final approval by the Board of - County Commissioners and the execution olthis Agreement. Acceptable collateral shall he submitted and the plat recorded within six (6) months of the Final Plat approval. It'acceptable collateral has not been submitted within six(6)months then the inn I Plat approve I and all preliminary approvals shall auhanitheally expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates arc updated and the development plans arc revised to comply with all current County standards, policies and regulations. The intgruvcntenlslhull he C'ur kted wit/rrn one..() Pear afrrAe,Final !°gal cmeavu! (not one,,,�c yr«ter 1ceeptableeallatel'a! !,e akhntitted) artless the afflle:ant(s) teapots that this clln•cenr<tnt be wowed at leaytiftertv liO)daysprior ttl,jtv cx t rattan tint!lied provides !hal sac( estimates for the rentuittinr inWroventcvus ace updated (Ma collateral Li provides( ht the amount of IUO'%j of the value tf the improvements remaining to be eo pleted If improvements arc not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a per:ion of the collateral and take steps to see that the improvements are 'nude. 7.2 The applicant may choose to providt; for a phased development by means of designating filings ore Planned Unit Development Plan or final Plat Subdivision. The applicant would need only lo provide collateral for the improvements in each tiling as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance oldie S Revised n/91 9 350d Zt OZ9£0L6:Xeid 1(109 113 Q'13M:GI ?S:OT 66, 8T' T 98V'0N hId properly or the issuance of building permits until collateral is provided or until improvements arc in place and approved pursuant to the requirements for a Request for Release of'Collateral. 7,1 The applicant intends to develop in accordance with Exhibits "A" and "H". The costs of the improvements described in the Appendix"A" will be adjusted higher or lower for the year and quarter in which the contemplated work is being pertbrmed based on "The Slate Highway Hid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The Mc(iraw-11ill Companies. 'This applicant has provided cost estimates Mr all phases of the development which will be adjusted in accordance with the The State lighway Hid Price hides at the time of posting of collateral for each phase. 8.0 Improvements guarantee: 'fhc five typos of collateral listed below ale acceptable to Weld County subject to final approval by the Board of County Commissi(mers. 8,1 An irrevocable letterof :NIL from aPederotor State licensedfinmtciaiinstitution on a tbrm approved by Weld County. The letter of credit shall state to least the following: 8.1,1 The letter of Credit shall be in an amount equivalent of 100%or the total value of the improvements as sot anti) in Section 6.0 and exhibits"A" and "L3„ 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County If the developer has not perlbrmed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the letter of Credit shall guarantee that as all times the unreleased portion ot'the Letter of Credit shall be equal to a minimum of 100%of the estimated costs Ofcolapletiug the uncompleted portions of the required improvements, based on inspections of Me development by the issuer. In no ease shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e„ streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8,1.5 The Letter of Credit shall specify (hat 15% of(he total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter oi'C.'rcdit shall specify that the date of proposed expiration of 11w letter of Credit shall he either the date of release by Weld county of the final h.5%, or one year from the date of Final Plat approval, whichever 6 Revised G/77 L 390d ZCZ0ZS80L6:Xtld 11109 J,10 UBM:GI 28:0T 66, £T'ZT 981r'0N T1Id • occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in MI force and effect until tiller the 13oard has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice.shall he sett by certified mail to the Clerk to the 13oard of'County Commissioners. 8.2 'trust Deed upon till or sonic or the proposed development or other property acceptable to the Hoard of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is requited ul'the property in the proposed development by a disinterested M.A.1. member of the American Institute of Real P.state Appraisers indicating that the value of the properly encumbered in its current degree of development is sufficient to cover I 00% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property oilier than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of die property by a M.A.I. member or the institute of Real l state Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover I oft% of the cost of the improvements as set forth in the Improvements Agreement-plus all costs ot'sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall he placed en the encumbered property. 8.3 L.vertLw Agreement that provides at least the following: 8.3.1 the cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement, 8.3.2 'I'he escrow agent guarantees that the escrowed hinds will he used for improvements as specified in the agreement and for no other propose and will not release any portion of such funds without prior approval ()I'the Hoard. 8.3.3 'the escrow agent will he a Federal or State licensed hank or financial institution. 8.3'I If the County of Weld County determines there is a default of the Improvements Agreement. the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety him(given by n corporate surety authorized to do business in the State of Coloruid° in an amount equivalent to I 00% of the value of the improvements ns specified in the Improvements Agreement. 8,5 A cash deposit made with the County equivalent to 100%of the value of the improvements. 7 Revised 6/v7 8 39dd Z17Z0Z980L6:Xt1d 1A09 A10 T13M:GI 8£:0T 66. 8T/ZT 9817.0N 33Id 9.0 Regjtest for LZcicase of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project lots been completed in substantial compliance with approved plans and specifications documenting the follc)wing: 9.1 The p:ngineer or his representative has made regular ou-site inspections during the course of construction and the construct plans utilized are the same as those approved by Weld County. 9.2 'Pest results must he submitted tier all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in war Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of eel lateral is submitted. The fltgineer shall certify that the project "as built" is 10 substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 the Statemeats of Substantial C'ornpl lance must he aceoutpanied, )fa ppropriate,by a letter of acceptance Of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter mist be submitted from the appropriate Eire Authority indicating the lire hydrants are in place iii accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results or fire flow tests, 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation ol'acceptance ol'the streets for partial nmial.entmee by the county, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. 'Phis action will he taken at a regularly scheduled public meeting of the Board. 9,8 The request for release(tl'eol lateral shall be accompanied by"Warranty Collateral" in the amount of 15%attic value ot'the improvements as shown In this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9,9 The warranty collateral shall be released to the applicant upon Iinal acceptance by the Hoard or County Commissioners for full maintenance under Section 5.3 herein. I 0.0 I'ublie Sj es and Open Spaces: When the Hoard of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation ol'areas or sites other than subdivision streets and utility easements of'u character,extent and location suitable liar public use for parks, greenbelts or schools,said R Revised(,/97 6 390d ZPZ0Z9E0L6:Xtid 1A00 A10 II13M:tI I 88:0T 66, 81'?T 98r 0N 31I actions shall he secured in accordance with one of the fo110W itig alternatives,or as speci lied in the PI It) plan. if any: 10.I The required acreage as may he determined according to Section 8.15-II of the Weld County Subdivision Regulations shall he dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall he maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15.14 of the Weld County Subdivision Regulations may he reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed clench lot within the subdivision. I Di In licit of'mid, the County may require a payment to the County in nu uunount equal to the market value at the time of final plat submission of the required acreage us determined according to Section 8-15-14, Such value shall be determined by a competent land appraiser chosen jointly by the board and the Applicant. 'fhe cash collected shall he deposited in no escrow account to he expended for parks at a Inter date, I I.0 Successor@„and Assigns: this Agreement shill' be binding upon the heirs, executors, per soual representatives,successors aml assigns of the A ppl icaul,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WIWITNIi,SS WHEREOF,I(IC) ,the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARI)OF COtIN'I'Y COMMISSIONERS WELD COUNT?, COI (_)RAM) A'1'I'IiN'r: Weld Comity Clerk to the Hoard HY: I)eputy Clerk to the Board APPROVED AS TO FORM: 9 Revised 6/97 OT 390d ZPZOZ9£0L6:Xdd 1A09 A10 G'13M:QI 7£:OT 66, 8T'ZT 9817'°N 31Id County Allorney APPI.ICAN'I BY: (title) SI1kiSCRIRfiU ANI) SWORN to heroic me this day of 1996. WI'I'Nl SS my hand and official scat. Notary Public ._.. My commission expires: o iVl IRM1APIIIIIICU l 1f) Revised N7) IT 30dd ZPZ0Z9£0L6:Xtld IA0S ,110 ITEM:G1 1 178:0T 66. £T2T 9817.°N 3l l d EXIffl IT "A" Name or Subdivision: . _. _.. I,octition: intchding to be legally bound. the undersigned Ahf:licunl herebysubdivision and as shown on the subdivision 'Thal plat Coffin)/&led agrees to provide through 19 this recorded on ,— •_ _ _ , 19 , in hook _ .._.. .-_-- I9 — -- (ngtr No. -- , Reception Na. _ _.. .. ......_.• the fi�IIuwint rnprovotnettts. •— (I.eave spices blank where they do not apply) linnrcwc nc t; I'.sl inhaled Unit Cog i'urlstructiou Lot ti �et.Zrttdil _ :Suept.LLYItltl�. —.. ._.— — .— cU its. ulter4,&cu1Yu!'ts . —.'— —— — Sturm sewer thl,ilitic lZ.atencltylt t)stntl� .�_--. .— tiubstlrli+caintc — ---.. ._ rritttry 9cwer ..�... _. —. —.• — "-^ �3ll]J.�ttry sewers .-------• � —". ...._.__ ----- _.._ Mulgs �1'u„L.forced li tc' ___._ ...—_ . ._—. ,.,._—_ ..— .—_ •,--- � .-- I.alerHfK K)tlye GUI,Jl CtedL --• .—.. •—. Otk-site scwugg Nullities ..— (,)u- d water st illy+ 4t•nt: __ _ Walcr pedals-Includes 13ore - — Luc.hydrant ___� }�trvey & street,it unutlLlL4c boat — ,___.. _— Street name sitio •.._.._ ...— .-- ,--.. -- ___ ..—. - Fcneinct requ4Ectuents L1taAdsettDUllt ltt�ttti.5't.Efycrk —. .— (ilitss Lined Swale -- — --- war Tsitnsfkt - ....-- -- ...-_. I Etcvi.rcd n/97 ZT 39dd Z17a23801,6:XUJ 11109 A10 QUM:(1I V£:0T 66. £T2T 9817.ON 31I J Engineering and Supervision Costs_ _ (testinµ, inspection, as-built plans and work in addition to prelintinan•y and finaI plus: supervision of aetual construction by contractors) TOTAL ESTIMATED IMATED COST OI, IMPROVEMENTS AND SUPERVISION $i__,_.. The above improvements shall be constructed in accordance with all County requirements and spceitical ions, mid conformance with this provision shall he determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "H", (In corporation, to be signed by President and attested to by Secretary, together with eorporale seal.) Date: , 19 12 Revised 6/97 ET 390d ZVZOZ9£OL6-Xti3 1!109 119 Q13h1 QI PS:OT 66, £VZT 98ti'°N 31Id • l?XI II11NT "LB" Name oi'Subdivision: Filing: - I men I ion: .. .._ Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision,doted 19 , Recorded on -- _ 1`- Page Nu. , Reception No. — ly ._ in Book p —._ _-- the lullowing schedule. All improvements shall he completed within ye:ors from the date of approval of the final pint. Construction of the improvements listed in Isxhihit "A"shall be completed as fbIlows: (Leave spaces blank where they do not apply.) ltuproyentea t- or,C:utnt�ltlioia ti trees base DilV Oa_ Curbs-Y hers,gild Sidcwalk Storm sewer tticllities ___. ..--___--• _ .— —. .— Retention pond _._ ..—. — --- — — )itch improvement='s .— •_ --- --_..—. -- -.�..._. .._ tilt rtiitce dr _ul 5tini lay t•t3.errrls.lhouse.auttne+rt��L - (�hLa4_V_w_itKe facilities —....—_ _,....�._ .— .—. —. .._.. ..—__.— ..—.. I ire bydrantg allry/.31114. street tnot}grnente& h es Street mune signs_, Fencing requirejttcnta _ — `—— __ ,__•-— ;andscjng —_ .— _ •-- --. 'ark itttnroy4nneoi � ..____..—_...- •-.--•... •_--• _ (iii Watt,Dansfer__ • I { Revised 6197 PT 39tid ZPZOZ9E0L6:Xt1d 11100 A10 TEM:QI p£:0T 66. £T' T 9817•°N 3"II3 The County,nt its option,and upon the request by the Applicant, may grant an extension oCliwe lbr amtpletion for any particular improvements shown nhove,upon a.showiuµ by the Applicant that the above schedule cannot be met.. • (IF corporation, to be signed by President and attested to by Secretary. together with corporate seal,) Date. N t1111,ii..m4,I, 14 Revised L/97 9T 39dd ZP O39£OL6:Xdd 11109 ,110 G13M:GI 9S:OT 66. £T' T 98V'°N 311d October 26, 1999 EVERTIT COMPANIES Mr. Mayo Sommermeyer, PC The Dow Law Firm, LLC P.O. Box 1578 Fort Collins, CO 80522-1578 Re: Soaring Eagle Ranch/ George Nelson Farms Case #5-509 Dear Mr. Sommermeyer: I have received your correspondence to Weld County Planning regarding our Soaring Eagle Ranch development proposal. We are finalizing the Sketch Plan Review process now and will begin the Change of Zone process immediately. One of the requirements of a Change of Zone submittal is a statement from the irrigation ditch company specifying the agreed upon treatment of any problems or issues resulting from the development. In you letter you identified several issues which we propose to address as follows: 1) The Eaton Ditch is presently not in a dedicated easement or right of way. We will create a separate tract running parallel to the ditch from the centerline of the ditch a width of 75'. This tract will be identified as the ditch easement and will be dedicated to the Homeowners Association. This tract will be restricted from obstruction, and language will be placed on the final plat and in the Protective Covenants describing the ditch company's rights for use. 2) Some of the lots along the ditch (Lots 40 and 41) may have building envelopes that are closer to the edge of the ditch than 100'. These particular lots are on ground that is significantly higher than the bank of the ditch, so it is unlikely that groundwater and/or seepage will have any impacts on homes or other improvements on these lots. We may be able to shift the road that serves these lots a little toward the east; however, we are also trying to address the setbacks requested by the Colorado Division of Wildlife to mitigate disturbances to wildlife that use the reservoir. In any case, we will assure that all building envelopes are a minimum of 100' from the bank of the ditch unless those lots are at a higher elevation that the ditch bank, in which case the building envelope may be 80' from the ditch. Also, we will continue to monitor the groundwater around the ditch and inform any future buyers that they need to be aware of seasonal fluctuations that may result from irrigation waters running in the ditch. Corporate 00 ces 3030 Sdurh Collc_•: enue•For.Collins•Colorado•80525 hluiline Adlresa'. p0. Box 2125•Fort Collins•Colorado •S05'-_ Telephone'.l`)?r; 2'-6-1500•FAN:(9 i0i 2234156•Denver Line:(303i 623-601S Page 2 Mr. Mayo Sommermeyer October 26, 1999 3) Our site visit with the ditch Board resulted in agreement on the property lines. We will install a new fence on the agreed upon property lines as part of our development improvements. 4) There will be a trail system in and around the subdivision but we will not access Big Windsor property. I believe this should address your concerns. Please look over these proposals and, if you agree that they are a satisfactory response to the concerns of the Eaton Ditch and Big Windsor Reservoir, please send correspondence stating such to me and the Weld County Planning Department. Thank you. Sincerely, y, Stanley K. Everitt Executive Vice President SKE:dr Hello