HomeMy WebLinkAbout993073 Sent By TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:50; Page 1
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TlattleApplegate,lnc.
Consultants for Land, Mineral and Water Development
FAX TRANSMITTA L
DATE: '7111 / 9? TA FILE # c(7-
NUMBER OF PAGES: 1Q2 including cover sheet
TO: / .>E'% I kc1b o-� G�c�ci C'G c4 =r « c's
FAX NUMBER: cj70 — Lf�]e•
FROM: m.0 ( ( r
COMMENTS:
•
Ca( L ha
If you have received this communication in error,please notify us immediately by telephone(If long di
collect)and return the original message via the U.S. Postal Service at our expense j tX Ki s T
If there are problems with this transmission, please call Judy at(303)452-66
11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303)452.6611 • (Fa O
Cot
993073
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:50; Page 2
TuttleApplegate,lncs
GansuIlona%tor Land,Minerals, and Water
September 17, 1999
Mr. Ben Patton
Weld County Planning Department
1550 North 17th Avenue
Greeley,CO 80634
RE: RiverDance PTJD—PUT) Change of Zone: Conditions of Approval for BOCC FIearing
Dear Beni
Please find enclosed the information required prior to the September 22, 1999 Board of
County Commissioner's hearing. The following information includes:
1) Agreement of commitment with St. Vram Sanitation and Little Thompson Water
Districts regarding the supply of services for the first tiling of this project(see
conceptual filing map):Letters Of cornmitntentfrom each Ilisttict have also been
enclosed
A conceptual filing map is enclosed to illu*trate the sequence of development for
RiverDance. The boundaries of filings will be further refined at the time of final,plan.
2) A letter from Gloria Hire-Idler of the Colorado Department of Transportation
(CDOT) stating that CDOT has no objection to the Change of Zone proposal,
3) A letter from Mountain View Eire Protection District stating that the District does not
object to the request for rezoning.
4) A revised plan of the development illustrating the removal of the equestrian center
and equestrian labeling. Large suburban lots have replaced the equestrian center and
lots.
11990 Giant scrod,suite 304 .• Deaver,Cuterado S0233 • (303)432-6611 • Pax,(303)452-2739
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ,Sep-17-99 15:50; Page 3
Should you have any fntther questions,please do not hesitate to contact me.
Sincerely,
•
•
•
TUTTLE APPLEGATE,INC.
Molly Or1d ld-Larson, AICP
cc: Mike$iegrist,Fite 99-122
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:51 ; Page 4
SEP. 17. 1999 2: 51PM N0 1310 P 2
�t. Main cSanttcztlort 1�lstuet
(Saint San)
9rtcicne Jn.l7.Barons
(303)7.70-9576 496 Co(/marSi,SIa•2oo
(303)974-25495 _Aaron(dO 80502-0go8
September 14, 1999
Mr. Mikc Siegrist
Siegrist Companies
875 West 64th Avenue
Denver, CO 80235
Re: Riverdauce
Located in a portion of Sections 35 and 36, T3N,12.68 W of the 6th P.M. Weld
County, CO.
Dear Mr. Siegrist,
Saint Vrain Sanitation District will provide sanitary sewer service to the proposed
development per the Rules and Regulations of the District.
The property described above lies within the 208 service area of the Saint Vrain
Sanitation District. The property is included in the District. Service to the property has
long been an element of the District's plans.
The District, with funding provided by the developers of Riverdance and other parties,
has commissioned final engineering plans for a trunk line, which will service the above
named property. The District expects to solicit bids on construction of the trunk line in
the first half of October, 1999. Construction will be funded by the developers of
Riverdance and others per executed agreement with the District. Completion of the trunk
line is expected in the spring of 2000.
The District has commissioned engineers to develop plans for treatment plant expansion.
Treatment plant expansion will occur in phases. The first phase, which will double the
plant's capacity, is expected to be operating in less than twenty months. Subsequent
phases of treatment plant expansion are planned to meet the demand of the District's
customers.
Sincerely,
Saint Vrain Sanitation District
ark A Peterson
Managcr
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:51 ; Page 5
St. Main ≥anitation J�istuet
(Scant czn)
_P ��.Be,qo.5
303 ce)776 one-9570 430 L'uff,es,i Se..3uCL zoo
i 14,.,�,,.�„t,L'[O &Dyne-ogoS
(305)774 28 49
June I I, 1999
Mr. Glen Blackburn
Tuttle-Applegate, Inc.
11990 Grant Street
Suite 304
Denver, CO 80233
Re: Riverdance Subdivision
Located generally in NEV., Section 35 & NW ''A, Section 36, T3N, R68W
Dear Mr. Blackburn,
Saint Vrain Sanitation District will provide sanitary sewer service to the proposed
development, Riverdance Subdivision, subject to the following conditions:
• Completion of the District's trunk line to the development,
• Completion of facilities to increase treatment capacity, if needed,
• Completion of necessary connection agreements, and
• Receipt of applicable fees.
Service will be subject to the rules and regulations of the Saint Wain Sanitation District.
Sincerely,
Saint Vrair_ Sanitation District
ark A Peterson
anger
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:51 ; Page 6
Agreement for Water Main Extensions
h
This agreement, made and entered into this "D day of SF lnfx,�?... , 19 9 .by and let ween LEVI_LE
atsr Cfo>`Srrwtc+z Cam.
THOMPSON WATER DISTRICT.RICT,hereinafter called the"District and t G •
•
hereinafter called "Customer", is upon the following terms and conditions, to-vii t.
1. The Disuict isorganizedas a special district under laws of the State of Colorado serving treated water within the Districtasmay now be
established, or as hereinafter established.The Customer is either a taxpaying elector within the District,or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the "property" described in this Agreement.
8. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide
water service to the property; hut the District may construct said mains,or the District may approve construction by the Customer,or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall he paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided.shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation.After completion of all construction and acceptance by the District,a final adjustment of
costs will be made, if necessary, ht the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction. then the Customer shall pay to the District, on demand, additional advances towards the cost of construction_
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all casements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made free and clear of all
liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"form 100"title policy if required by the
District.The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to
the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and materials
shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such
facilities by the written acceptance of such facilities.The District,upon receipt of the documents of transfer and evidence of title,
shall consider whether to accept or reject the installation_ If the Customer has complied with this Agreement and all other
conditions precedent to the acceptance of the facilities, the District shall approve and accept the transfer and shall thereafter
assume operation and maintenance of the lines.In no event shall the District assume ownership,opera don or maintenance of any
installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may he
hereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on
the date of installation of a tap and water is available for use at the tap,
5. The District, pursuant to the terms of this Agreement, will only be obligated to serve the tap sine shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein,and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7, The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District.If the plat
must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in
which the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to
construct, operate and maintain the facilities herein described, together with the full right of ingress and egress.and to cut and trim trees
and shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated.In the event the District installs the facility,the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of Cod,
governmental authority, action of the elements,accident,strikes, labor trouble. inability to secure materials or equipment,or anycause
beyond the reasonable control of the District, the District shall not be liable therefore or for damages caused thereby.
)0. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good
engineering practice after the Customer has established property lines, cut streets, alleys and easements to final grade and prior to the
paving of streets, and the construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent
changes by the Customer.
11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and
conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules
and regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon prnperry
included within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the taps
herein described.
12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before2 years
from the date of this Agreement, then this Agreement shall become null and void. In such event,the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit. if any. to the Customer.Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD FORM 210
(Rev.May5a? Page I of
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Agreement for Water Main Extensions
13. (Delete if inapplicable.)In order to oft set the cost of water to supply the property herein described, the Customer agrees in sell in the
Jisuict the number of acre-fox-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District, but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
14. The District agrees to allow installation of the number of taps[seminal ter Provided within thcabove•deseri bed property,and each tap
shall not exceed 3/4 inches. No taps will be served by the District until all of the terms and conditions of this Agreement have helm hitfil led
by the Customer,including transfer of the above described water rights.'The taps may not he used on any properly other than that dcxrihed
herein without the express prior written consent of the District to such transfer.Any such transfer shall he made to property owned by:he
Customer. and such property, and the Customer, shall meet all rules,regulations and requirements of the District m order to achieve a
requested transfer_ Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property,or at any other place shall expire and become nul I and void 20 years from the date of this Agreement.Customer may not encumber,
mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights
credit shall be treated as personal propelty.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the
District, the District may pay tap rebates to the Customer upon receipt of a fully paid tap fir from another party to serve property not
included within the below rlescribetl property.These tap rebates will be paid in accordance with the District Rules and Regulations and the
Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that
refunds will he made fora period of 5 years from the date of this Agreement and that upon expi ra t ion of said 5 year period,the District shall
have no furl her obligation to make refunds.The total amount of the tap whales will not exceed the Customer's cast for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter
he established by the District.District shall trot be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war, not, insurrection, Act of Cod, or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend, modify, alter or waive any provisions of this Agreement. Any
promises, agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of on
further force and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls,
penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein
described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of
mechanic's liens.g32-I-toot(1)(j).C.R.S. 1973 0981 amendments).In the event Customer fails to abide by any of the terms or conditions of
this Agreement. Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
onsequential damages, lust of revenue, attorney fees, court costs, expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, person I repre ntatives,successors and assigns of the
parties hereto. Except as provided herein, the Customer may not assign all or any per en in this Agreement to any person.
IN WITNESS WHEREOF. the parties hereto have set their signatures the da .rid' ear fir above riven.
r�LE THHjO�MPSO WATER DISTRICT ' CLI OMER
By: f.�l'�"ev„r'F � By: p
Maili Address: O 7s5! CA-)lSs r
Ratified by I.TWD Board of Directors on: �iy,7 �a Co Raa�
lcicphone: (3C3' - �J7 -J-s/7Z,_
I) Real Estate Description for Agreement ("property"):
11 Amount of Deposit: $
3) Date Customer needs facilities: _ -
4) Number of Northern Colorado Water Conservancy District units transferred to District:
5) Price per unit of Northern Colorado Water Conservancy District water: .
6) Tap Size: 5/8 x 3/4 inches.
7) Number of raps to be installed: _ - -
8) Plat Provided? Yes No
9) Number of new tire hydrants: -
10) Fee for hydrants: S
LTwn FORM 210 of
(Rev. Mau tint i•ge
Sent By; TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:52; Page 8/16
r ,. . , ..-,
LITTLE;'•;HOMPSON WATER D_::TRICT
Telephone(w0)5323098
DIRECTORS:DIR ease.N ghWay eG
Tan aeyndoe
Resident Drawer Q
�I I, WS June 14 , 1999 Bedheeed,Colorado 60,13
Keith Goorquel
Glenn W.Gibeen
Dean Anderson
Carey J.esia ecdSOn
Jambe W StrohJUli 1 i3 KinG
MANAGER:
IYchard H H.as
u ill
Mike Siegrist
lki'.
cl' 875 West 64th Ave .
P Denver, CO 80221
Dear Mr. Siegrist;ii'
This letter is in response to your request for a water service
{ commitment for up to 125 lots residential lots, in the proposed
subdivision described as follows:
i.it PORTIONS OF SEC. 35, T3N, R68W -- WELD COUNTY, CO
[i Riverdance( formerly Waterside)
It
Little Thompson Water District currently has a 12" Dia . water
g, line located along Hwy 66 and an 8" Dia. Connection to the existing
,i 18" Dia. LTWD - CWCWD transmission line at WCR 9 % and WCR 28 with
k additional capacity available Therefore, we will commit to provide
service to these residential lots via one standard residential
�', 5/8" X 3/4 " water tap per lot, with the following conditions :
„r
1 . In August of 1993 the Little Thompson Board implemented a
"system impact" fee of $1050 per lot for all lots to be added
jll' to the system. This is due upon completion of the main line
1 extension agreement .
1.
'' 2 . All improvements to District facilities required to
i provide service will be the financial responsibility of the
;1 developer in accordance with the District Rules and
t! Regulations . All improvements must conform to District
Specifications .
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for each lot in the
commitment . The cost of this water is subject to rebate from
the tap fees paid from the development .
Li
yl
4
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:52; Page 9/16
it
i, 4 . The installation of a fire hydrant requires payment of a
$2:000 fire hydrant fee prior to final approval of the
subdivisions lines .
L, 5 . In order to provide the required minimum flows to the
di subdivision you will be required to install a minimum of a 12"
Dia. water line connecting to the existing 8" connection along
1 WCR 28 at WCR 9 34. This connection will require construction
of a metering/pressure reduction vault at WCR 28 & WCR 9 ;4 .
6 . You will also he required to provide the needed water
lines in the proposed subdivision.
7 . You will need to loop a minimum 12" Dia . Line from the
existing 12" line along Hwy 66 south to your proposed
I,.
subdivision to ensure that the fire flows will be available
during peak hour demands on the water system.
d' 8 . The design, installation and total cost of the project
r; will be the responsibility of the developer.
'1h'1 It is possible that some of these required water lines and
metering vault (WCR 28® WCR 9 H )may be built or are being designed
by other developers in the same area. If they are in place when you
ii
need them then you may be able to utilize them to serve your
',!+ development ( subject to LTWD rebate policy) . It would be wise to
work with the other developers in the area to ensure that the water
lines installed would be sized to meet the needs of both
developments to reduce the amount of duplication . and minimize
future water line replacement .
I 'll! This commitment will expire one year from the date of this
Ift letter if the taps have not been purchased and installed by that
date. The current fee for the domestic 5/8" X 3/4" tap is $6 , 000 . 00
I The tap fee will increase to $7, 500 . 00 on July 1, 1999 . These fees
!' area subject to change without notice .
II' you questions,Ifhave
�;' please contact me in our office .
1 Regards,
Michael T. Cook P. E.
r ' District Engineer
II
i.
;I
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:52; Page 10/16
rallitmabeN1 en West e4th Avalwe
Denver, x03)4 -rx41
Pyre 1303)4e7-8472
Fax West
Anti ie
541
SIEAIMST CONMPANIES
June 18, 1999
Little Thompson Water District
Michael T. Cook,P.E.,District Engineer
83S East Highway 56,Drawer G
Berthoud,Colorado 80513
Dear Mr. Cook:
Thank you tor your Letter of commitment an mu !ha plisse construction nk ItivorDanoa.
MI we discussed on the phone we Are currently submitting a request for Change of Zone
to the County.They have indicted that a commitment for the total project will property be required.
We would, therefore, request an additional commitment for the remaining
I
realize that commitment for the remaining property will required additional off-site
Improvements, which arc subject to cooperative efforts by the land owners in the area, and
may change depending on future negotiations We are planning to submit our request to
Weld County on July 1, 1999 and appreciate your help.
Thank you for your time and consideration
Slow
�!' r
c d t , Si ••sat
�P . ldent
�i7 ��.•.��Jir►
2: 'd 90_ta9sE0E• 'ON :;6_ S31N di1C0 1S1'd0]IS ?:U. I?l.d e IJ0'
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:53; Page 11 ,'16
LITTLE THOMPSON WATER DISTRICT
woman*(97C E. SM-E096
DIRECTORS' gag Highway SS
DIRECTORS
RwrORS tee WAS Drawer
July 1, 1999 Bntvua,Canso 80513
MIA comvun
own 0[omen
W..
CMIV J..S N"
Carl ak ,
Jane N,kw,
MANAGER:
aiMUO a A.WINNt
Mike 5iegrist
875 West 64th Ave .
Denver, CO 80221
Dear Mr. Siegrist;
This letter is in response to your request for a water service
commitment for up to 512 lots residential lots, in the proposed
subdivision described as follows:
PORTIONS OF 82C. 35, T3N, 968W -- WELD COUNTY, CO
aiverdance (second phase)
Little Thompson Water District will commit to provide service
to these residential lots via one standard residential 5/B" X 3/4"
water tap per lot, with the following conditions:
1 . In August of 1993 the Little Thompson Board implemented a
"system impact" fee of $1050 per lot for all lots to be added
to the system. This is due upon completion of the main line
extension agreement.
2 . All improvements to District facilities required to
provide service will be the financial responsibility of the
developer in accordance with the District Rules and
Regulations . All improvements must conform to District
Specifications.
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for
to rlot ttine fthe coms water is the m tap feesThe cost paid fromfthe1development .
The installation of a fire hydrant requires payment of a
fl . approval of the
$2, 000 fire hydrant fee prior to final
subdivisions lines .
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:53; Page 12/15
k1'/-l�1"177v c •cons, , nw »_..._...,
5 . In order to provide the required flows to the
subdivision you will be required to install a minimum of a 12°
Die . water line connecting the existing 24" Dia . water line
located at 1-25 and WCR 38 to the water lines in the area of
your subdivision. The exact location of the Southern end of
the line will depend on the timing of your project and the
extent of water lines installed in the area at the time you
want to begin service. The District may wish to oversize this
line for future needs.
6 . You will also be required to provide the needed water
lines in the proposed subdivision.
7 . The design, installation and total cost of the project
will be the responsibility of the developer.
It is possible that some of these required water lines may be
required, built or are being designed by other developers in the
same area. If they are in place when you need them then you may be
able to utilize them to serve your development ( subject to LTwD
rebate policy) . it would be wise to work with the other developers
in the area to ensure that the water lines installed would be sized
to meet the needs of both developments to reduce the amount of
duplication and minimize future water line replacement.
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date. The current fee for the domestic 5/8" X 3/4" tap is
$7, 500 .00 , These fees area subject to change without notice .
If you have questions, please contact me in our office.
Regards,
ichael T. Cook P.E-
District Engineer
TOTAL P.C"
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:53; Page 13/16
�---••-•.-- •^- ei,, .mr=r1I OF I HANNI'OH 1 A II(IN tnn nu.
FACSIMILE TRANSrISTAL
To' -` ^ hone no (not FAX number)
P
// 1//f` Record your long distance
}1) access code (if necessary)
on the back of this form
From: Phone no. oem
� 1 I/ray a IL antI Time
&pl -
Paget ant(Include Ibis form)
Comments JI
DATE: August 17, 1999
TO: Ben Patton 79/72
FROM: Gloria Hice-Idler t.s.,
SUBJECT: RiverDance (I-25 East Frontage Road-south of WCR 28)
Please be advised that CDOT does not have any objection to the PUD change of zone proposed
by Riverfance. CDOT has been in contact with Glen Blackburn of Tuttle Applegate concerning
this development and are currently working together on design specifics and right-of-way issues.
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:53; Page 14/16
0,0UNTA/n, MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
F s 9119 County Line Road • Longmont, CO 80501
n c (303) 772-0710• FAX(303) 651-7702
VIEW
July 22, 1999
Mr.Ben Patton
Weld County Planning Department
1555 North 17t Avenue
Greeley,CO 80631
Dear Mr.Patton:
I have reviewed the submitted material pertaining to the change in zoning for the RiverDance PUD/Mike
Siegrist, located east of and adjacent to I-25; south of and adjacent to Weld County Road 28. (Case
Number Z-528). The Fire District does not object to the request for rezoning provided the development
meets the requirements of the Fire District. All applicable codes as they pertain to water supply, fire
hydrant locations,fire department access,and street widths and designs must be met.
Construction plans for the utilities showing the location of fire hydrants, the size of water mains and
available fire flows must be submitted to the Fire District for review and approval prior to beginning
construction. The submittal must include a water supply analysis indicating the available fire flow at the
most demanding point in the water system.
We appreciate being involved in the planning process. Should you have any questions, please contact me
at 772-0710.
Sincerely,
\QC-
LuAnn:['enfold
Fire Marshal
LMP/Ip
cc: X Molly Orkild-Larson,Tuttle Applegate,Inc., 11990 Grant Street, #304,Denver, 80233
Mike Siegrist,Siegrist Companies, 875 West 641°Avenue,Denver,CO 80221
project file
file
RECEIVED
JUL 2 6 1999
Station 0 station 4 Station* Station 9 Station 7
Station L 1 Station 2P.O.00,40
9110 on7 L,C R4. 1p9n wC. 13COP.O.am 525 0 n w 299 Pelmet Ave. 5500 Navel 11 10L11 OnOM Pun P�0 Sat 888 1C0 9e.Foram St.
Larq 0501,CO Lan 8050 O Wad,CO80642 Mace,C0 505444 t00o2E CO Ede.CO M518 DaDDrw.CO&1514
aosol eo5Da
Sent By: TUTTLE APPLEGATE INC U;30345227593034526611 ;Sep-17-99 15:53; Page 15/16
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DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax(970) 352-6312
COLORADO February 1, 1999
Tuttle Applegate
Gary Tuttle/Molly Orkild-Larson
11990 Grant Street, Suite 304
Denver, Colorado 80233
RE: S-479/Waterside PUD Sketch Plan for 620 to 800 residential lots on 485+/- acres in the
Mixed Use Development Area
Legal: Property located in Sections 35 and 36, T3N, R68W of the 6th P.M.
Water: proposed Little Thompson Water District
Dear Mr. Tuttle and Ms. Orkild-Larson:
Please forward a copy of these comments to Mr. Siegrist, as previous correspondence has been
returned indicating that the address included in the application materials is incorrect. The
Department of Planning Services' staff and various referral agencies have reviewed your Sketch
Plan application for the proposed Waterside Planned Unit Development (PUD). The Sketch
Plan comments and agency referral responses may not be all inclusive, as other concerns or
issues may arise during the remaining application processes.
Copies of the following referral agency comments are enclosed:
• Weld County Department of Planning Services 11/20/98
• Weld County Building Inspection Department 11/24/98
• Weld County Public Works Department 1/18/99
• Weld County Health Department 12/7/98
• Colorado Department of Transportation 1/21/99
•
Mountain View Fire Protection District 11/25/98
• Colorado Geological Survey 12/9/98
•
St. Vrain Valley School District RE-1J 12/7/98
•
Army Corps of Engineers 12/1/98
•
Division of Water Resources 12/2/98
•
Town of Frederick 11/24/98
•
Town of Mead 11/23/98
•
Longmont Soil Conservation District 12/10/98
•
Little Thompson Water District 12/4/98
•
St. Vrain Sanitation District 12/4/98
•
Highland Ditch Company 1/7/99
•
Felsburg Holt & Ullevig 1/6/99
Service,Teamwork, Integrity,Quality
ryEEXXHIsIT
OVERVIEW
The PUD Sketch Plan proposes an urban scale development of between 620 and 800
residential lots of varying densities and a commercial area located on 485 acres within the Mixed
Use Development (MUD) area. The proposed uses within the PUD include R-1, R-4 and C-1.
Presently, the application provides minimal information pertaining to the one - three acre
commercial lot.
The proposed residential densities include: 12,000+ square foot Lakefront Estate lots; 10,000
square foot Equestrian Estate lots; 10,000 square foot Large Suburban lots; 8,000 square foot
Suburban lots; and 5,000 square foot Patio Home lots. It appears that the Patio Home lots are
the only lots proposed to vary from the 6,000 square foot minimum lot size in the R-1 zone
district. Otherwise, each of the three components (residential, commercial and open space) of
the PUD proposal shall adhere to the respective zone district requirements including setback,
offset, lot size, number of animal units, building height, square footage and any other applicable
standards.
The application materials also state that "The maximum lot coverage regulations will be adhered •
to in the PUD", however, the application proposes a "Maximum Building Coverage" of 70% in the
R-4 zone district. Table 2.3 in the Mixed Use Development Plan allows for a maximum lot
coverage of 60%. This issue shall be clarified in future applications.
Although the term "Equestrian Estate" implies that these are "horse lots", staff assumes that all
owners of these lots would be required to board horses at the proposed Equestrian Center as
the proposed 10,000 square foot (.23 acre) Equestrian Estate lots would not accommodate a
horse in accordance with the Weld County Zoning Ordinance.
Staff has reviewed the density issues within the proposed PUD and finds that the lot sizes and
several lot configurations may present future problems with setbacks, building placement and
location of garages. This issue needs to be considered prior to applying for the Change of Zone,
keeping in mind that changes to the Sketch Plan may necessitate the need to re-submit the
Sketch Plan. Additionally, future applications shall include building envelopes on each individual
lot. Building envelopes shall consider maximum lot coverage requirements, setbacks from
future right-of-way, offsets, proposed and existing easements and any other factors which may
limit lot development.
The application materials originally indicated that the proposal will be served by Central Weld
County Water District, however, a letter received 11/6/98 from Molly Orkild-Larson, Tuttle
Applegate, indicates that Little Thompson Water District is now proposed. A referral response
from Little Thompson indicates that a study is underway to determine required improvements.
The St. Vrain Sanitation District indicated in a referral response that the property owner is
participating in a line extension to receive sewer service.
The proposal includes areas of residential townhomes adjacent to the commercial lot. These
townhomes are located within the Employment Center - High Intensity designation on the MUD
Structural Land Use Map 2.1. Table 2.1 in the MUD plan includes higher intensity commercial
and industrial mix in this land use category, but not residential uses. The Neighborhood Center
category would be a more appropriate designation, however, this would require an amendment
to Map 2.1.
Service,Teamwork, Integrity, Quality 2
Should the applicant propose an amendment to Map 2.1, staff may have concerns that such a
change to the map contributes to an erosion of the commercial and industrial elements included
in the MUD plan. The MUD plan and Map 2.1 were created with extensive landowner input,
keeping in mind the needs of future residents. This proposal will potentially add another 1,860 to
2,400 residents to the MUD area. These residents will require essential goods and services.
Additionally, staff has concerns pertaining to incompatibilities between commercial/industrial
uses along the 1-25 corridor and residential uses. The Weld County Comprehensive Plan
C.Goal 3 states, "Ensure the compatibility of commercial land uses with adjacent land uses."
Rather than amending Map 2.1, a more appropriate course of action would be to reconfigure the
proposal to expand the commercial lot to conform to the Employment Center- High Intensity
designation on the MUD Structural Land Use Map 2.1. This would eliminate the need to amend
Map 2.1.
A portion of this site is also included within the Limiting Site Factor designation on Structural
Land Use Map 2.1 of the Mixed Use Development (MUD) and Comprehensive Plans. The
southern portion of the site is located within the floodplain according to FIRM Panel #080266
0850C. The applicant shall comply with Sections 26 and 53 of the Weld County Zoning
Ordinance.
The following comments are based upon consistency with the Weld County Subdivision, Zoning
and Planned Unit Development Ordinances and the Weld County Comprehensive Plan.
COMPREHENSIVE PLAN
A.Policy 3 in the Weld County Comprehensive Plan states, "Conversion of agricultural land to
urban-scale residential, commercial and industrial development will be discouraged when the
subject site is located outside of a municipality's comprehensive plan area, urban growth
boundary area, or 1-25 Mixed Use Development area and urban development nodes." The
subject site is located within the MUD area and proposes to be served by public water and
sewer. Evidence of commitment and capacity to serve the development from the proposed
service providers shall be included in future applications. UGB.Goal 2 directs urban
development to the 1-25 MUD area and R.Policy 3 encourages urban development where urban
services are available.
A.Goal 7 encourages the protection of agricultural land from encroachment by those urban or
residential uses which hinder the operational efficiency and productivity of the agricultural uses.
Weld County operates under a Right to Farm Covenant, as stated in A.Policy 7. It is the
responsibility of residents moving into the area to understand and research the area into which
they are considering moving. Activities, sights, sounds and smells of agricultural operations are
common in this area. Occupants of this PUD would need to recognize that these agricultural
uses shall not be considered nuisances so long as they are operated in conformance with the
law in a non-negligent manner. Future applications shall address proposed mitigation of
conflicts between the proposed development and the neighboring agricultural practices,
particularly in relationship to Highland irrigation ditch. The Mixed Use Development Plan also
requires a vegetation buffer to be placed between uses of different intensity.
Service,Teamwork, Integrity,Quality 3
•
PUD.Policy 4.2 states that a planned development which includes a residential use should
provide common open space free of buildings, streets, driveways or parking areas. Common
open space is defined as any usable parcel of land or water essentially unimproved and set
aside, dedicated, designated or reserved for public or private use or for the use and enjoyment
of owners or occupants of land adjoining or neighboring such an area. Open space restrictions
are permanent, not for a period of years. A homeowner's association shall be established
before any residences are sold, and membership in the association is mandatory for each
residential owner. PUD.Policy 4.3 requires the developer to provide for perpetual maintenance
of all commonly shared land and facilities. The homeowner's association is responsible for
liability insurance, taxes and maintenance of open space, street(s), private utilities and other
facilities. The open space lot functions as a separate parcel.
Many of the lots in the current design do not have direct access to the open space areas. In
particular, most of the "Suburban" and "Large Suburban" lots do not have access to open
space. The common areas shall be designed and located to be easily accessible to all
residents and usable for open space and recreation.
A development of this scale necessitates park facilities with amenities such as restroom
facilities and adequate parking areas. Future applications shall delineate specific locations and
provide details pertaining to such facilities.
The application materials propose several recreational uses of the common open space,
including: use of the lakes, horseback riding, boating, water skiing, fishing and hiking. The
application also mentions a clubhouse with swimming pool, dining area and meeting rooms.
Future applications shall clarify whether or not all of these items are included in homeowner's
association fees and are indeed common and usable. If additional fees are charged and
access is limited, this would not be considered common, usable open space.
Future applications shall also include a detailed description of the proposed uses, ownership,
liability and maintenance of the open space parcel, as well as provide clarification as to the
"private portion of the lake". In addition, adequate legal evidence of surface water rights for the
proposed uses shall be provided to the Department of Planning Services for review by the Weld
County Attorney's office. This information shall also outline the method of transferring such
rights to the individual lot owners if this is proposed:
MUD.Policy 6.10 states, "If it is determined that public facility or service improvements or
maintenance are required for or caused by the development, the developer will be required to
pay for the cost of the public facility and service improvement and maintenance. The
methodology for compensation should be determined during the land-use application review
process. The developer should submit the following:
a. Information which accurately identifies all users of the infrastructure improvements
and maintenance;
b. A proposal which equitably distributes the costs of infrastructure improvements and
maintenance by user share; and
c. A proposal that identifies the appropriate time that infrastructure improvements and
maintenance charges should be applied.
Service,Teamwork, Integrity,Quality 4
This information will be reviewed by the Board of County Commissioners in determining an
equitable means of distributing infrastructure costs among the county at large, direct users, and
the developer". This development will require sewer line extensions, an agreement with Weld
County Public Works for external and internal road improvements, waterline extension, etc., thus
requiring the aforementioned information.
MUD.Policy 6.13 states, "Development should be restricted or required to mitigate adverse
effects in areas characterized by floodplains and geologic hazards." The applicant will be
responsible for addressing all requirements of the Flood Hazard Overlay District as specified in
Sections 26 and 53 of the Weld County Zoning Ordinance.
MUD.Policy 6.22 requires, "Each land-use application within the Mixed Use Development area
should include a formal 'Planning Area Profile' ". The profile should contain public facilities and
services data, socioeconomic data, natural environmental resources, and visual and cultural
resources. The purpose of this information would be to provide the user the existing conditions,
opportunities, and constraints within the 1-25 Mixed Use Development area. In addition, the
information could also be used to update goals, policies, and programs in the future. This
information shall be submitted to the Department of Planning Services prior to submittal of the
Change of Zone application.
P.Goal 2 requires adequate facilities and services to assure the health, safety, and general
welfare of the present and future residents of Weld County. The application materials state,
"The PUD...will provide mechanisms for funding public facilities and services through
development fees." Future applications shall specify such mechanisms, facilities and services.
Mountain View Fire Protection District indicated several requirements in a referral response
received November 25, 1998. The requirements include, but are not limited to: minimum fire
flow, fire hydrant spacing, design of fire apparatus roads, setbacks from oil and gas wells, street
signage and addresses. The fire district will require a review of construction plans for utilities,
street configuration, fire hydrant location, size of water mains and fire flows. Future applications
shall address all concerns of Mountain View Fire Protection District.
Prior to submitting a Change of Zone application, the proposed street names shall also be
reviewed by the appropriate Post Office to avoid duplication of street names.
The application materials indicate that St. Vrain Valley School District RE-1J "has been
contacted and has stated that they have the capacity to meet the needs of the development."
However, in a referral response received December 7, 1998, the District states that it is
opposed to the development because it "adds to the enrollment of an already overcrowded
school," estimating the impact of 620 to 800 dwelling units to be potentially 350 to 461 new
students. Future applications shall address the concerns of St. Vrain School District.
The application materials indicate that the property is located within the American Medical
Response of Colorado area of service, however, the application does not verify that this agency
has the capability to adequately serve the proposed development. This shall be clarified in
future applications.
Service,Teamwork, Integrity,Quality 5
The Weld County Public Works Department, Sheriff's Office, Mountain View Fire Protection
District and St. Vrain Valley School District will have further opportunity to comment if you
choose to proceed further with the PUD application process.
SUBDIVISION ORDINANCE
Section 10.2 of the Weld County Subdivision Ordinance, as amended, dictates street
standards for PUD's and subdivisions. T.Policy 4.3 of the Comprehensive Plan states that all
road, street, and highway facilities should be developed, constructed, and paved in accordance
with adopted county standards. County local streets are required to have a minimum 60 foot
right-of-way width, which includes 10 to 11 feet per lane and 4 feet per shoulder. All cul-de-sac
radii must be a minimum of 65 feet and maximum block length between intersecting streets is
1,500 feet.
Both the Weld County Public Works Department and the Colorado Department of
Transportation indicated that the traffic impact analysis is inadequate and both require a new
study.
The applicant will be required to enter into a Road Improvements Agreement with Weld County
and dedicate an additional 10 feet of right-of-way for future expansion of WCR 28. All
roadways within the proposal shall adhere to MUD design standards, including landscaping
requirements contained in Section 2.6.4. Access to the proposal shall adhere to MUD
standards and future maps shall also delineate a typical cross section which meets MUD
standards including adequate right-of-way, sidewalks and parking.
The Public Works Department referral also requires a cash contribution toward the cost of a
traffic signal at the intersection of the frontage road and State Highway 119. No private lot
accesses will be allowed onto WCR 28 and proposed WCR 9.5 shall not be permitted unless
dedications from the adjacent property owner are conveyed and improvements are guaranteed.
While the application states that "The absence of curb and gutter will create a 'rural' feel to the
area," the typical road cross-section in the MUD Plan includes curb and gutter. This application
proposes between 620 and 800 residential lots ranging from .11 to .28 acre in size. Future
applications shall include curb and gutter as this is urban scale development.
Concerns of the Weld County Public Works Department, Department of Planning Services and
Mountain View Fire Protection District as stated in referral responses shall be addressed in the
change of zone application should the applicant wish to proceed.
Section 10.6 dictates utility easement standards for county subdivisions and PUD's. These
standards are strictly enforced by the Weld County Utility Advisory Committee, requiring a
minimum total width of 20 feet apportioned equally on abutting properties within the
development and a minimum of 15 feet allocated along front lot lines and any other perimeter
areas. Future submittals must include the delineation of utility easements on each lot as
required by the Design Standards.
Service,Teamwork, Integrity,Quality 6
Section 12 lists subdivision improvements that are the responsibility of the property
owner/developer to complete. The required improvements agreement which is entered into
between the owner/developer and Weld County guarantees construction of all improvements in
accordance with the approved PUD final plan; the agreement is covered in Section 13. Future
submittals must include a completed improvements agreement addressing road construction,
water system, utility extension, landscaping, signage and any other applicable elements of the
PUD. Future submittals shall also address road maintenance.
MIXED USE DEVELOPMENT PLAN, ORDINANCE 191
In order to proceed to the Change of Zone, adherence to the MUD plan is necessary. The
intent of this review is not to address all pertinent issues related to the MUD plan, but rather to
provide some direction to the applicant in relation to this application. The following issues shall
be considered prior to the change of zone:
MUD.CGoal 2 states, "New development shall occur in a manner that assures an attractive
working and living environment." The required landscaping plan shall take into consideration
MUD.CPolicies 2.2 and 2.6 of the MUD Ordinance.
MUD.CPolicy 2.4 requires adequate pedestrian passageways between and within
developments and neighborhoods. Pedestrian access to the bike paths, horse paths and park
and open space areas shall be easily accessible to all lots and shall be clearly delineated in
future applications.
MUD.CPolicy 2.11 states, "Density in the Mixed Use Development area shall be governed by a
Maximum Lot Coverage Standard which correlates buildable lot sizes with open space
allocations." Table 2.2 in the MUD Plan specifies that the Limiting Site Factors - Lowest
Intensity land use designation requires 30% common open space and Residential - Mixed
Intensity requires 20%. Table 2.3 establishes a maximum lot coverage of 50% in the R-1 zone
within the PUD District and 60% in the R-4 zone. Building envelopes shall be delineated on
each lot on the plat.
MUD.PPolicy 4.2 was addressed under Comprehensive Plan MUD.Policy 6.10.
MUD.TGoal 2 states, "Promote a pedestrian trail system to service transportation and
recreation purposes within the MUD area." The application does propose a recreational trail
and dimensions were given, however, more detail pertaining to the trail shall be submitted in
accordance with Section 9.3.2.5 of PUD Ordinance #197. The applicant shall contact the Weld
County Long Range Planner to investigate potential for connection to planned regional trails in
the area.
Section 2.2.5 Limiting Site Factors of the MUD Ordinance is especially pertinent to this
proposal as a large portion of the site is located within the flood plain. Development having
limiting site factors shall be located to preserve the natural features of the site, to avoid areas of
environmental sensitivity, and to minimize negative impacts and alterations to natural features.
Service,Teamwork, Integrity, Quality 7
The application materials indicate that, "wetlands on-site are to be maintained as much as
possible." In accordance with the Army Corps of Engineers' referral received December 1,
1998, the Corps shall be contacted for proper permits or changes in permit requirements
pursuant to Section 404 of the Clean Water Act.
At the time of these comments, the Colorado Division of Wildlife had not yet submitted a referral
response. The applicant should be aware that the Division will have the opportunity to
comment on future applications and may require the property to be evaluated and studied for
Preble's Meadow Jumping Mouse and other threatened or endangered species' habitat.
Section 2.6.4 Landscaping Requirements Along Roadway Corridors requires a fifty (50)
foot minimum landscape setback measured from the planned future right-of-way of the I-25
frontage road. Future applications shall adhere to the requirements of Section 2.6.4.
The following issues shall also be considered in a change of zone application:
• MUD.CGoal 3 and MUD.CPolicy 3.2
• MUD.PGoal 4
Although public facilities, and transportation and circulation concerns are listed elsewhere in
these comments, future applications shall address Sections 1.3 and 1.4 of the MUD Ordinance,
as well as Section 2 Development Standards.
PUD ORDINANCE
Section 4.4.1.2 The conformance of the uses allowed in the proposed PUD with the
Performance Standards of the PUD Zone District contained in Section 2 of the PUD Ordinance.
Section 2 lists 20 Performance Standards as criteria to be considered in the review of all PUD
applications. The Standards covered here are those that are most applicable to this proposal,
however, future applications shall address all of the 20 standards which are applicable.
Section 2.1 discusses Access Standards for the internal street(s) of a PUD. All urban scale
developments are required to be served by an internally paved road system. The applicant will
be required to address the standards and concerns of the Weld County Public Works
Department and Mountain View Fire Protection District.
Section 2.3 states that Bulk Requirements (minimum setback, offset, lot size, height of
buildings and lot coverage) in the PUD zone district may be varied from the requirements of a
specific zone district.
As stated earlier, it appears that the Patio Home lots are the only lots proposed to vary from the
6,000 square foot minimum lot size in the R-1 zone district. Otherwise, each of the three
components (residential, commercial and open space) of the PUD proposal will be bound to
adhere to the respective zone district requirements including setback, offset, lot size, number of
animal units, building height, square footage and any other applicable standards.
Service,Teamwork, Integrity, Quality 8
The application materials also state that "The maximum lot coverage regulations will be adhered
to in the PUD", however, the application proposes a "Maximum Building Coverage" of 70% in the
R-4 zone district. Table 2.3 in the Mixed Use Development Plan allows for a maximum lot
coverage of 60%. This shall be clarified in future applications.
Section 2.5 states that common open space shall be designed to be useful to the occupants
and/or residents of the PUD Zone District for recreational and scenic purposes. Future
applications shall address open space which is easily accessible to all residents of the
proposed development.
Section 2.6 Compatibility of uses within the proposed PUD as well as with surrounding uses
needs to be further documented by the applicant. The department recommends that any future
owner should be made aware of the agricultural uses existing in the area and requires that the
Right To Farm Covenant be placed on the plat.
Section 2.9 A Landscaping plan is required for all PUD applications. Future applications shall
include a landscape plan which addresses Section 6.3.3 of the PUD Ordinance and Section 2.6
of the MUD Ordinance. The plan shall include plant materials, planting schedule and on-going
maintenance. Additionally, the Landscape map shall delineate landscaping in accordance with
the design criteria set forth in Section 2.6 of the MUD Ordinance. The map shall meet the
requirements of Section 9.3 of the PUD Ordinance.
Section 2.11 states that all development located within the MUD area, as delineated on the
MUD Structural Map 2.1, shall be subject to the additional development criteria as indicated in
the MUD Ordinance#191. The proposal shall conform to MUD development standards.
Section 4.4.1.3 Compatibility of uses permitted in the proposed PUD with the existing or future
development of the surrounding area as permitted by the existing zoning, and with the future
development as projected by the Comprehensive Plan or master plans of affected
municipalities and Intergovernmental Agreements. The property under consideration is not
located within an Intergovernmental Agreement Area (IGA), however, the proposal is located
within the three-mile referral area of the Towns of Firestone, Frederick and Mead. The Town of
Mead indicated that the Town has no conflicts with the proposal and the Town of Firestone did
not respond.
The Town of Frederick indicated no conflict and but raised some questions. The majority of the
questions raised are addressed elsewhere in these comments, however future applications
shall address the Town's concerns. Additionally, the referral questions compliance with Weld
County Ordinance 201, however, this proposal is located outside the IGA area.
Section 4.4.1.5 The determination that the street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to meet the
traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public
Works Department has indicated that the current traffic study is inadequate and will need to be
re-submitted. Additionally, an approved, revised traffic impact study may require significant
changes in improvements agreements and may necessitate a new Sketch Plan application.
Service,Teamwork, Integrity,Quality 9
The applicant will be required to submit an Improvements Agreement Regarding Collateral for
all improvements for the proposed PUD. Future PUD submittals shall demonstrate compliance
with Weld County street standards and include curb and gutter.
Section 4.4.1.6 Compliance with the applicable requirements contained in the Weld County
Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions
on the site. Mining on the property is currently underway. The proposal does lie within the
floodplain, as well as the Mixed Use Development Area and shall adhere to the adopted
standards for these areas. The proposed development does not lie within any other overlay
districts as described in the Weld County Zoning Ordinance.
Section 6.3 outlines the eight Major Components of the Development Guide.
Section 6.3.1 addresses compliance with Environmental criteria. Referral agencies have
indicated multiple environmental concerns pertaining to this proposal.
The Division of Water Resources indicated in a referral received December 2, 1998 that the
Little Thompson Water District has not submitted a required report to the State. Therefore, the
Division of Water Resources states, "...pursuant to Section 30-28-136(1)(h)(II), it is our opinion
that the District has not submitted sufficient evidence documenting that the proposed water
supply can be provided without causing injury to existing water rights." Also, enclosed please
find a Water Supply Information Summary form which is required by the State Engineer.
The southern portion of the site is located within the flood plain according to FIRM community
panel map number#080266 0850C and #080266 0855C revised September 28, 1982. All
construction or improvements occurring in the flood plain shall comply with the Flood Hazard
Overlay District requirements of Sections 26 and 53 of the Weld County Zoning Ordinance.
The Weld County Building Inspection Department reiterated the flood hazard requirements and
also stated that each residential building will require an engineered foundation. Commercial
structures will require engineered foundation and structural blueprints as well.
The Colorado Geological Survey (CGS) referral response received December 9, 1998
recommends radon-mitigative design be incorporated into the dwellings as the removal of sand
and gravel deposits do not guarantee the absence of potential radon problems. The Upper
Pierre Shale soils on the site have been identified as a source of higher than acceptable radon
readings.
In a referral response received December 7, 1998, the Weld County Health Department
indicated concerns pertaining to equestrian uses and potential affect on surface and
groundwater quality. The application materials also did not adequately address the potential
sedimentation of the lake during development and construction of the site. The Health
Department will address the potential sedimentation of the lake at the change of zone. The
Health Department also reiterates that the Right to Farm covenant shall be placed on the plat.
Service,Teamwork, Integrity,Quality 10
The Longmont Soil Conservation District referral also lists concerns pertaining to water quality,
building site limitations and management of the open space areas.
The application addresses air pollution and indicates that diesel trucks may not be allowed in
the PUD. This shall be clarified in future applications.
Each of the aforementioned environmental concerns shall be addressed in future applications.
Section 6.3.6 specifies that signage within a PUD shall adhere to all requirements in the PUD,
Zoning and MUD Ordinances. All permanent signs and sign structures shall be delineated on
the plat and shall require building permits.
The remaining major components include Service Provision Impacts, Landscaping Elements,
Site Design, Common Open Space Usage, MUD Impacts and Intergovernmental Agreement
Impacts which have been addressed elsewhere in these comments.
SUMMARY
Both CDOT and the Weld County Public Works Department found the traffic study to be
inadequate and require a new study to be submitted at the Change of Zone. Review of the
revised study may include additional review by Felsburg Holt & Ullevig which would incur
additional fees. Substantial changes to this Sketch Plan application would also necessitate a
new Sketch Plan application.
The application does not include evidence that adequate water is available to the site and does
not estimate impacts to school systems, law enforcement and medical service providers.
These items shall be addressed in future applications.
The application contained very little information pertaining to the commercial lot and townhome
areas. Future application shall provide more specific information and buffering plans between
incompatible commercial and residential uses.
Although the application proposes to exceed the MUD's 20% open space requirement, much of
the open space consists of water which is seasonal and not usable by all residents. The
proposal lacks common usable open space for most of the "suburban" and "large suburban"
lots. Future applications shall consider a large park with amenities for these lots, as well as
include more accessibility to a park on the lakefront. The current proposal intends to "privatize"
almost the entire north shore of the lakes.
A large portion of the parcel is located within the floodplain and is designated as Limiting Site
Factors on Structural Land Use Map 2.1. The applicant will be required to comply with all FEMA
and Army Corps of Engineers concerns. The Colorado Division of Wildlife will have the
opportunity to comment on future submittals as well.
If you choose to proceed with the PUD application process, the next step is to submit the PUD
Change of Zone application, unless determined that substantial changes from the submitted
Sketch Plan would warrant the need to submit a new Sketch Plan application. The PUD
Change of Zone procedures are described in Section 5 of the Weld County PUD Ordinance,
Service,Teamwork, Integrity,Quality 11
Ordinance 197. Your submittal must address all issues discussed above, as well as the
questions and concerns of the referral agencies. The PUD Change of Zone submittal must
include a complete development guide in accordance with Section 6 of the PUD Ordinance.
Please review the enclosed materials and then call to schedule an appointment so that I may
reserve a sufficient amount of time to meet with you. The purpose of the meeting will be to
familiarize you with the PUD Change of Zone application procedure and discuss any problems
or concerns identified in this letter. Once again, comments made during the Sketch Plan phase
of the PUD and agency referral responses may not be all inclusive, as other concerns or issues
may arise during the remaining application processes.
Sincerely,
Scott Ballstadt
Planner
cc: Monica Daniels-Mika, Director
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