HomeMy WebLinkAbout991889.tiff "Idaho Creek"
PUD
-Change of Zone-
Prepared For: Weld County
By: Carlson Associates
P.O. Box 247
Eastlake, Co. 80614
February 11, 1999
EXHIBIT
991889 V
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY: f�7
Case Number Application Fee: • OD
Zoning District Receipt Number 3 3 I
Date Application Checked Ut .
Planner Assigned to owr) 1 • annin• I1ETi3
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signaturtsl
tt 1 8 1999
I(we), the undersigned, hereby request hearings before the Weld County Planni Com�rmiission and the Board of County
t tMtt r Commissioners concerning the proposed PUD rezoning of the following descril yE D County.
LEGAL DESCRIPTION: Attached •
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 1 3 1 3 1 0 0 0 0 0 6 3 (12 digit number-found on TAX I.D.or obtained at the Assessors
--- Office)
NAME OF PROPOSED PUD SUBDIVISION Idaho Creek P.U.D.
EXISTING ZONING Agriculture PROPOSED ZONING ' P.U.D. Residential
TOTALACREAGE 100 Acres OVERLAY DISTRICTS M.U.D.
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual)
Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Western Dairymen Dooperative, Inc. PHONE
ADDRESS 12450 North Washington Street; Thornton, CO 80241
NAME PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT(if different than above*1 /_
NAME Clay Carlson lSo Q.-, ij '7g
ADDRESS 12460 1st Street; P.O. Box 247; Eastlake, CO 80614
HOME TELEPHONE 303-452-2210 • BUSINESS TELEPHONE 303-457-2966
•If agent is different from the property owner, please submit written documentation from the property owner authorizing
said agent to represent the owner.
. SI : 0 ner or Authorized Agent
8
Legal Description
The NW1/4NE1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a point on the west property line, from which the NW corner of
— Section 10, which bears N86°04'W, a distance of 1,320.00 feet;
1. Thence S89°36'E a distance of 1,166.2 feet;
2. Thence S89O49'E a distance of 149.9 feet;
3. Thence N83°03'30"E a distance of 201.6 feet;
4. Thence S89O49'E a distance of 1,650.00 feet;
5. Thence N84°28'15"E a distance of 251.2 feet;
6. Thence S89°49'E a distance of 23.0 feet to the property line;
7. Thence N45°39'E along the property line, a distance of 27.2 feet to the
south right of way line S.H. 119 (Oc.1969) ;
8. Thence S89 55'E along the south right of way line of S.H. 119 (Oct. 1969) ,
a distance of 65.0 feet;
9. Thence N0°g4'E a distance of 30.0 feet. to the north line of Sec. 10;
10. Thence N89 55'W, along the north line of Sec. 10, a distance of 3,522.7
feet to the NW corner of the NE1/4NW1/4 of Sec. 10;
11. Thence SO°49'30"W, along the west line of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet, more or less to the point of beginning;
EXCEPTING therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
1.• 1
S. .
e
•
.'...,...7 9. 1999 - . ! •
1241916 Swot ; -
1<au P.O.Dols 9+17 .
Co. iliA •
h acesalsoos sriiligi corn dad lr*nsy13, 199,ws'past yes pormision to .
-- poet q sagio161111fre ttlIP.ofZoae''1,494Sid Cony Illealisi go snits Ss
s.11fwyoppr' toe"sir lrsis subdividing uid:propeny. ,:
A . , . the Noel issefaorsdSato. ' •
f
- :Vies
•
w-—s�lfeytwa . •
•
- 1. '
. • , • _ i I
.
. i
•
• .
1
_ . 1 •
_ '
•
i.
BERNARD
DANIEL ICHA F.BERNARD LYONS & GADDIS 515 K C% OX 978
RICHARD N.LYONS,II POST OFFICE BOX 978
JEFFREY 1 KAHN LONGMONT,CO 80502-0978
JOHN W.GADDIS 303-776-9900
BRADLEY A.HALL A PROFESSIONAL CORPORATION FAX303-413-1003
STEVENP.JEFFERS ATTORNEYS AND COUNSELORS E-MAIL mfo@blglaw.com
WENDY S.RUDNIK
JULIE A.KUNDERT
HI WILLIAM SIMS,JR
OF COUNSEL February 17 1999
PETER 7.GOWEN,P.C. y
OF COUNSEL Weld County Planning Dept.
Monica Daniels-Mica FEB 1 9
Weld County Department of Planning 1999
1400 N. 17th Ave �It�„/,�rr s 1�,
Greeley, CO 80631 "'tVEw■
Re: Idaho Creek PUD/Rural Ditch Company
Dear Ms. Daniels-Mica:
Our office represents the Rural Ditch Company. The Rural Ditch Company owns a
prescriptive easement for the operation and maintenance of the Rural Ditch which
runs through the proposed Idaho Creek PUD located in Section 10, Township 2
North, Range 68 West of Weld County. Please note that no structures, recreation
trails or landscaping may be placed within the ditch easement, which is located 30
feet on either side of the ditch centerline, without the written permission of the Ditch
Company.
Further, the ditch may not be crossed, bored under or modified in any way without
the written permission of the Ditch Company. Please do not approve any plats that
involve such modifications to the ditch or ditch easement without the written
approval of the Ditch Company. If you have any questions, or need any further
information, please contact me.
Sincerely,
BERNARD, LYONS & GADDIS,
a Professional Corporation
By J
Wendy S. Rudm
WSR:bl
cc: Frank Sewald -
Clay Carlson
G:\CLIENTS\R\RURAD\DANIELS-MICA.L.DOC 02/17/99 1:55 PM
AGREEMENT BETWEEN
RURAL DITCH COMPANY AND
CLAY CARLSON
1. PARTIES. The parties to this Agreement are the RURAL DITCH COM-
PANY, a Colorado mutual ditch company (Ditch Company), and CLAY CARLSON
(Licensee). Ditch Company and Licensee are hereinafter jointly referred to as the
Parties.
2. RECITALS. Licensee owns the property described in EXHIBIT A consisting
of about 100 acres in Section 10, Township 2 North, Range 68 West (the Property).
Licensee is in the process of platting the Property as Idaho Creek P.U.D. The Ditch
Company owns a prescriptive easement for the operation and maintenance of the
Rural Ditch (Ditch) which consists of a total of 60 feet, 30 feet on each side of the
centerline of the Ditch (Ditch Easement). The Ditch runs south to north near the
eastern boundary of Licensee's property. Licensee desires to construct a recreation
trail along the east side of the Ditch. The Parties desire to execute this Agreement to
define certain rights, responsibilities and obligations of the Parties.
3. RECREATION TRAIL AND DITCH MAINTENANCE. Licensee agrees the
recreation trail shall be constructed or installed outside the Ditch Easement. No
structures or landscaping except for grass may be constructed within the Ditch
Easement without the prior written consent of the Ditch Company. The Ditch
Company shall be responsible for the cleaning and maintenance of the Ditch.
4. REIMBURSEMENT. Licensee agrees to reimburse the Ditch Company (or
pay directly) for all reasonable legal costs and administrative costs of the Ditch
Company incurred by it in entering into this Agreement. Statements for the costs
chargeable to Licensee pursuant to this Agreement shall be forwarded to Licensee
and the same shall be paid to Ditch Company within 30 days after the billing date. If
payment has not been received by the Ditch Company within 30 days, Licensee shall
have breached this Agreement and Ditch Company may institute legal proceedings to
collect the amount due and owing. In such a proceeding, the Ditch Company shall be
entitled to its costs and reasonable attorneys' fees from Licensee.
5. TERM. This Agreement, unless modified by Court order or agreement of the
Parties, shall be perpetual.
6. INDEMNITY. Licensee, its successors and assigns, agree to indemnify and
hold harmless Ditch Company, its successors and assigns, from claims and liability,
defense costs, including reasonable attorneys' fees, for damage or injury to property
11/12198 o:oE AM
O,%CLIENT8%R AURAD\OARLSON•AOREEMENT.DOO
or persons arising from or caused directly or indirectly by the use of the recreation
trail constructed by Licensee and any acts occurring on Licensee's property, except
to the extent that such claims and liability result from Ditch Company's sole acts or
omissions or those of the Ditch Company's agent or contractors.
7. RECORDATION. This Agreement shall be recorded at the cost of Licensee
and shall be binding on any successors of the Parties. This Agreement shall specifi-
cally run with the Ditch Company's easement and the Property.
8. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to
whom such notice is intended to be given at the address set forth below, or at such
other address as has been previously furnished in writing to the other party or
Parties. Such notice shall be deemed to have been given when deposited in the U.S.
mail.
DITCH COMPANY: LICENSEE:
Rural Ditch Company Clay Carlson
c/o Frank Sewald, President 12460 1" Street
11979 WCR 13 Eastlake, CO 80614
Longmont, CO 80504
COPY TO: COPY TO:
Wendy S. Rudnik, Esq.
Bernard, Lyons & Gaddis, P.C.
P.O. Box 978
Longmont, CO 80502-0978
9. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
DATED:
O:tCLIENTQR RURAO%CARLSON-AOREEMENT.DOC 11112/96 9:71 AM
— , 2
f, �
"Idaho Creek"
PUD
-Specific Development Guide-
"Idaho Creek P.U.D."
-Specific Guide-
- Introduction:
Idaho Creek is to be a"Planned Unit Development" in the 1-25 M.U.D. The
property encompasses approximately 100 acres. Fifty percent(50%) of the
property is to be developed for single family residential detached homes. The
remaining fifty-percent(50%) will be utilized as open space and for a potential
school site. The homes will be built"on-site"by Kaufman and Broad. The
Homes will be priced between $95,000 to $140,000 and range in size from 870
to 1,600 square feet with a standard garage.
L Environmental Impacts
A. Noise and Vibration
Idaho Creek is bordered on the East by a Mobile Home Park, on the North by the
Milky Way Business Park, on the South by farmland and on the West by
wetlands and flood plain. General construction of Idaho Creek will occur
primarily during the normal working and daytime hours. This will thus
minimize the effect noise and vibration will have on the residents of the Mobile
Home Park. The effect on the Milky Way Business Park is negligible since
Milky Way will also be under commercial construction at the same time
Kaufman and Broad will be constructing homes at Idaho Creek.
The most intensive amount of noise and vibration produced from Idaho Creek
will occur during the grading and infrastructure placement phase of the project.
This phase will begin soon after Final Plan approval. Actual construction of the
homes will not exceed normal noise and vibration factors for similar
developments and again will be limited to daytime hours.
B. Smoke, dust and Odors
The type of residential development proposed for Idaho Creek does not have
smoke associated as a by product of the systems of construction to be employed.
There shall not be any noxious odors expelled as a result of residential
construction at Idaho Creek.
In order to minimize the effect of blown dust that residential developments
inevitably create,the builder will periodically spray water and organic solutions
on areas that are most susceptible to create windblown dust.
C. Heat,Li¢ht and Glare
The machinery used for construction of the streets and infrastructure may
cause a certain amount of excess heat in the immediate area for a limited
period of time. Asphalt, by nature of its properties and color, will also create
excess heat. However, the levels of heat shall not exceed typical
developments.
Most construction activity will be during the daylight hours and thus the need
for lighting is minimal except for security purposes.
Idaho Creek is situated in such a position that daytime glare will not effect
motorists traveling on Highway 119. The Milky Way Business Park creates a
buffer between Idaho Creek and Highway 119. Most of the materials used in
residential construction do not produce an intensive glare.
Street lighting within Idaho Creek will not create a nuisance to motorists on
Highway 119 due to the property's distance from the Highway. In addition, the
Business Park creates a buffer between Idaho Creek and the Highway.
D. Visual/Aesthetic Impacts
Idaho Creek is currently a vacant, farmed property. The visual effect of the
property will begin to change following the approval of the Final Plan. The
crops will be graded down and the infrastructure process will start. The
property is relatively level and thus the amount of earthwork will be minimal
compared to more topographically challenged properties.
The homes to be built at Idaho Creek will be constructed in"earth tone"
colors that will be aesthetically pleasing and blend with the general area.
The other component of Idaho Creek is the extensive open space area. Idaho
Creek will have approximately 50 acres of open space area dedicated to
preserving the unique Eco-systems and wetlands that exist within the Idaho
Creek development. The areas will be improved and maintained to enhance
the visual appeal of the property.
E. Electrical Interference
During construction of Idaho Creek only typical cellular phones and
construction radios will be employed as communication devices by Kaufman
and Broad. There will not be any types of microwave antennas or like
products erected on the property that might create interference.
2
F. Water Pollution
The homes constructed at Idaho Creek will not contain basements and thus
there will be no direct contract or pathways created to the water table below
the surface. Extremely hazardous substances will not be allowed on the
premises and all construction materials will be deposed of properly to
mitigate the risk of seepage into the ground water or the wetland areas.
G. Waste Water Disposal
Idaho Creek will be developed so that five(5)year stormwater runoff will
run through the streets where capable and also through the placement of
storm inlets and pipes where the stormwater exceeds the allowable capacity.
The one hundred-(100)year runoff will be contained within the street right-
' of-way and with some discharge overland towards the Northwest along the
easement for the sanitary sewer, walking path and drainage easement. The
walking path shall be utilized as a channel for runoff.
Idaho Creek will also be engineered to so that storm water will also drain
into the series of lakes on the western portion of the property. Studies show
that the lakes have adequate capacity to handle such runoff.
(See also Drainage Study)
H. Wetland Removal
The wetlands contained within Idaho Creek will not be removed, but rather
the wetlands and open space areas will be enhanced, planned and left in
their nature state to take full advantage of their uniqueness.
I. Erosion and Sedimentation
Kaufman and Broad shall take precautionary measures to ensure that there
is not an excessive amount of erosion. In order to mitigate such erosion, the
builder will frequently"wet"the ground and spray it with an organic
solution during the street and infrastructure development. The Idaho Creek
property does not contain much topography, and it is the best interest of the
developer and builder of the project to reduce any erosion so as not to incur
any unnecessary costs towards the import of fill.
Sedimentation that may occur during periods of rain and storm will be
graded back into the property. Excess sediment shall not be swept into the
rural ditch due to the fact that the property will be engineered to drain away
from the ditch to the northwest.
3
J. Excavating,Filling and Grading
Minimal excavating will be done at Idaho Creek due to the type of product
to be built. The homes will not have basements as a standard or optional
item for the homebuyer's. All excess soil that is excavated will be
efficiently used on another portion of the development.
Any filling will also be minimal. The builder will backfill and compact the
soil on all homes.
Grading will occur according to the Grading Plan engineered by Pickett
Engineering and to be approved by the Weld County staff. All lots within
Idaho Creek will be have a rough grade and a final grade to ensure proper
drainage of all lots. (See also Grading Plan)
K. Drilling, Ditching and Dredging
The development of Idaho Creek will not require any drilling, ditching or
dredging. There is not any reason for a residential subdivision of this type
to be developed by including such practices.
L. Air Pollution
Idaho Creek will be residential neighborhood that will not expel an unusual
amount of air pollution above that which is common in such neighborhoods.
In fact, it shall be against the covenants recorded for the development for
any homeowner to use and/or install a wood burning stove or fireplace. All
fireplaces shall be fueled by natural gas.
M. Solid Waste
All solid waste produced by construction and development of the homes at
Idaho Creek will put into trash bins and carried out at least bi-weekly. The
homeowners at Idaho Creek will have the option to have trash collected by a
collection company and taken to a local landfill. It shall be against the
covenants at Idaho Creek to have excess trash in the driveways and around
the homes.
N. Wildlife Removal
The portion of the property that is to be developed for homes is currently
cultivated for corn. This portion of the property does not contain permanent
wildlife species due to its current use. The portion of the property that is to
be dedicated as open space does have permanent flora and fauna. These
areas will not disturbed or destroyed. All such wildlife will not be removed
from the open space areas. (See also Environmental Letter Exhibit"F")
4
0. Natural Vegetation Removal
The natural vegetation on the property is contained within the areas
designated as open space and along the rural ditch on the eastern side of the
property. The only vegetation to be removed will be natural grass along or
within these areas for the construction of gravel trails, playground
equipment and park benches. All other vegetation will be left in its natural
state.
P. Radiation/Radioactive Material
Idaho Creek will be developed and built without the use of any radioactive
type of materials. There shall not be a threat of Radon gas in the homes
themselves, due to the fact that all homes will not have basements.
5
II. Service Provision Impacts
A. Schools
Idaho Creek at full build-out will produce 264 students into the St. Vrain
Valley School District RE-1J. Students will initially attend Mead
Elementary School,Mead Middle School and Skyline High School. This
development will not significantly impact the High School, but will impact
the Elementary School and the Middle School.
In order to compensate for the growth expected within the M.U.D., the
County, School District and developers are assessing areas which would be
strategic elementary and middle school sites within the M.U.D. The
students generated from Idaho Creek would attend these new schools. The
developers of Idaho Creek have designated the southwest corner of the
property as a potential site for an elementary school. A school at this site
would be beneficial to the residents of Idaho Creek, neighboring
subdivisions and in relieving the over crowding at the Mead schools. A
school at this site would also be very unique in that the students, parents and
faculty could take full advantage of the extensive open space areas within
Idaho Creek as an educational tool. (See also School District Letter Exhibit
If required, the developer will adhere to the existing cash-in-lieu schedule
provided by the St.Vrain Valley School District.
B. Law Enforcement
Law enforcement and protection will be provided by the Weld County
Sheriffs Office. The Sheriff's department is aware of the impending future
residential development in the M.U.D. and will make provisions to
adequately service the area.
C. Fire Protection
Fire protection for Idaho Creek will be provided through the Mountain View
Fire Protection District. The developer will comply with all requirements of
the Fire District for residential subdivisions. Some of the requirements are
listed below:
1) Kaufman and Broad will build according to the 1994 uniform Building
Code.
2) The minimum fire flow will be 1,000 gallons per minute at a residual
pressure of 20 pounds per square inch.
3) Fire hydrants will be spaced within 500 feet of each other and a hydrant
will be placed within 250 feet of the front property line of all lots.
6
4) Access to the project will be primarily through Weld County 7.5.
However, an emergency access easement exists through the Milky Way
Business Park to the north. This access will also be utilized for the
Idaho Creek subdivision should an emergency situation warrant a
secondary access. (See also Water Plan map, in the right hand corner
for the 20' easement).
5) Standard street signs will be used for the development.
6) Address numbers will be placed in a visible position on all dwelling
units.
D. Ambulance
AMR ambulance will provide emergency transportation service for Idaho
Creek.
E. Transportation
Idaho Creek will be accessed off of Highway 119 and through County Road
7.5. CR 7.5 will be a major arterial dedicated as a 110-foot right of way
with a raised medium. The developer shall improve half of CR 7.5 from the
southern boundary line of the Milky Way Business Park to the southern
Idaho Creek boundary. The county shall be responsible for the remaining
construction of 7.5 when growth in the M.U.D. warrants expansion.
The homes can be accessed from either CR 7.5 at an intersection that is
planned on the western side of the property or through an access on the
north side of the property through the Milky Way Business Park. Both of
these respective streets will be local streets with sixty(60) feet of right of
way. These local streets will have 6' detached sidewalks with landscaping
in between the gutter and the sidewalk.
Both local streets lead into a central point of the property near the tot
lot/playground. All other streets at this point are "local" in type and
function. All local streets will be 60 foot right of ways.
All"arterial,"and"local"streets will be designed and built according to
Weld County Ordinance 191 "Development Standards" Section 2.7. All
streets will be publicly dedicated. The roads shall all be engineered in
structural capacity according to the"Guide for Design of Pavement
Structures."
Copies of an improvements agreement for road improvements has been
submitted to the County with this submittal.
7
F. Traffic Analysis
Completed by traffic engineers and included in this submittal for Change of
Zone.
G. Storm Drainage
Completed by Pickett Engineering and included in this submittal for Change
of Zone.
II. Utility Provisions
ICN Energy will supply Idaho Creek with gas service. United power will
supply Idaho Creek with electrical service. US West will supply Idaho
Creek with Phone service. Letters of service from each applicable provider
is included within this submittal as Exhibit's A,B and C respectively.
L Water Provisions
Idaho Creek will obtain water service via an existing 8" line currently
within the Business Park and the extension of a 12"line North along CR 7
and East to Idaho Creek. These lines will be looped through the
_ development and stubbed at the South end of CR 7.5 for future
development. All homes will be connected to an individual water tap.
Left Hand Water District will supply Idaho Creek with water service. A
Commitment Letter from Left Hand Water District has been attached as
Exhibit"D." (See also Water Plan Map)
J. Sewer Disposal Provisions
Sewer lines will be looped through Idaho Creek and stubbed at the South
end of CR 7.5 for future development. The property has enough slope from
East to West to allow for gravity transmission to the Northwest corner of the
property. From there,the sewer line will be extended to the Lift Station at
CR 7 and Highway 119. All homes at Idaho Creek will be connected to an
individual sewer tap.
St. Vrain Water and Sanitation District shall serve Idaho Creek for waste
disposal purposes. A service letter from St. Vrain is included with this
submittal as Exhibit"E."(See Also Water Plan Map)
8
III. Landscaping Elements
A. Landscape Map
A landscape map completed by Valerian Landscape Architects is included
this submittal.
B. Screening. Buffering
Most lots and homes lying along the perimeter of Idaho Creek will be
screened and/or buffered from surrounding land uses. The East side of the
development will be buffered from the Mobile Home Park by a natural
landscape tract, the rural ditch and regional trail. The West portion of the
property will be screened from Weld County Road 7.5 by a landscape tract
containing deciduous, shade and ornamental trees. The Northern portion of
the property will be screened from the Milky Way Business Park by another
landscape tract consisting of deciduous, shade and ornamental trees. To the
South of Idaho Creek is farm and grazing property. This border will have a
natural landscape tract of native grasses.
In addition to the above mentioned screening and buffering techniques, the
home builder shall construct and install a six(6) foot privacy fence around
the perimeter the housing portion of the development. This fence shall be
have 4x4 cedar posts, 1x4-cedar planks and contain three (3)2x4 cedar rails
per fence section. Homes bordering the centrally located park and tot lot
area shall have installed a 4.5 foot,three-(3) split rail cedar fence. This
fence shall only be installed on those portions of the property lines that are
contiguous to the park.
C. Maintenance Schedule
Idaho Creek shall have a Homeowners Association that shall be responsible
for collecting homeowner's dues to provide for maintenance, care and
management of the landscape areas. A management company will be
contracted by the HOA to provide for such maintenance of the landscape
tracts. It shall be the responsibility of the HOA and the management to
ensure that the landscaped areas are kept in proper condition.
D. On-site Improvements Agreement
A copy of the proposed agreement has been submitted to the County. Such
agreement incorporates landscaping, park and open space installation.
E. Evidence of Sufficient Water
Left Hand water district shall supply sufficient water to maintain the
irrigated landscape tracts.
9
IV. Site Design
A. Unique Features
Idaho Creek contains approximately 50%open space. The large open
space area on the Western portion of the property contains a series of lakes
that are intended to be a communal focal point of the neighborhood and the
potential elementary school. These lakes contain a variety of species, flora
and fauna. The uniqueness of the open space area will be incorporated and
stressed into the overall concept of the project.
It is the developers intention to create an"Outdoor Classroom" within the
lake area. This"Classroom"will feature a trail system through the open
space area, sifting benches for viewing and informational signs on the area.
This"Classroom" should be not only a benefit to the neighborhood but also
to the proposed elementary school and the school district in large.
Along the Eastern edge of the property is an irrigation ditch. This ditch will
provide a buffer between the Idaho Creek subdivision and the adjacent uses
to the East. In addition,the developer is planning a soft trail with native
plant species to run the length of the ditch.
B. Consistency With Comprehensive Plan
According to the Weld County Comprehensive Plan,the subject property is
designated for residential development. Idaho Creek will primarily utilize
residential uses along with open space areas and a school site.
In regards to the goals the residential development from the Comprehensive
plan, it is the developers intent that Idaho Creek will accomplish RGoal 1,
and policies 1.-1.3. Idaho Creek is intended to be a more affordable
housing community for which potential buyers are able to purchase a"site
built"home on a lot,and pay the same amount for a mortgage as they would
otherwise be paying for rent. Idaho Creek is also in a desirable area, with
ample open space and recreational activities. The development is also
within close proximity to I-25 and transportation centers.
Due to Idaho Creek's location within the MUD,the development is being
processed as a PUD. PUD Goal 2. Encourages creative approaches to land
development. It is the developer's opinion that with 50%open space and
educational opportunities due to the ecological nature of the pond and lakes
area, that Idaho Creek will be a unique development that encompasses the
surrounding environment into the neighborhood.
Idaho Creek will satisfy PUD.Policy 4.2. by leaving the pond and lakes area
in it's natural state, with the exception of minor improvements for walking
to
paths. Additional policies and goals of residential and PUD development
will be met including; the fact that there are sufficient utilities to serve the
property and that the Idaho Creek Development will"pay it's own way"
(R.Goal 4 and PUD Goal 5).
C. Compatibility Within Zone District
Idaho Creek will encompass three(3)distinct uses; residential, open space
and a school site. These uses will compliment one another within the
development. The residential portions of the property will be located on the
East side of Road 7.5,while most of the open space and the school site are
located on the West side of road 7.5. It is the developer's opinion that a
school site and the abundance of open space add to the appeal of the
residential uses of the project.
D. Compatibility With Surrounding Uses
To the East of Idaho Creek is a Mobile Home Park. The mobile homes shall
not conflict with the homes at Idaho Creek due to the residential nature of
both uses. In addition, the two uses will be segregated by the Rural Ditch
and the open space area contained therein.
To the North of Idaho Creek is the Milky Way Business Park. It is the
developer's opinion that Idaho Creek will not conflict with the Business
Park, but rather these two properties will compliment each other to make a
truly"mixed use"development. However,there shall be a landscaped
buffer between the Business Park and Idaho Creek.
To the South of Idaho Creek is current agricultural property. This property,
according to the Comprehensive Plan, is designated for residential uses in
the future. Idaho Creek will most likely be compatible to the future
development on that property. To mitigate any conflicts between Idaho
Creek and this property,there shall be a nature open space buffer between
the two properties.
As previously noted, most of the Western portion of Idaho Creek is Open
Space area and will be left in its natural state. There shall not be any
conflicts with this area of the property.
E. Hazards
Areas of the Western portion of Idaho Creek are within a Flood Plain. The
Flood Plain is entirely contained West of road 7.5. All of the homes at
Idaho Creek shall be built East of Road 7.5 and will not be located within
the current Flood Plain. There does not exist any other geologic or overlay
district issues at Idaho Creek.
it
V. Common Open Space
1. % Of Open Space
Idaho Creek will contain 50% open space area. This exceeds the 20%MUD
requirement for open space.
2. Ownership
Idaho Creek will contain a Homeowner's Association that maintains and
preserves all open space areas. Each homeowner shall be assessed either a
monthly or yearly fee that will fund the maintenance and care of the open
space and park area. If an individual homeowner fails to pay such fees, the
HOA has the power to lien that individuals home. All open space areas will
be dedicated to the County. All open space and park areas shall be
constructed and improved in a cohesive manner in conjunction with the
balance of the improvements to the development.
3. On Site Improvements Agreement
Copies of the proposed on-site improvements agreement for the installation
and maintenance of the open space and park areas has been submitted to the
County for review. This agreement will be used in conjunction for the
installation of landscaping as required by Paragraph III. D.
12
VI. Signage
All temporary and permanent signs at Idaho Creek will be constructed,
designed and placed according to the requirements as set forth by the
County,Public Works, the MUD and zoning regulations. Idaho Creek will
have one permanent entrance sign on road 7.5 at the North entry. The sign
will depict the name of the development. An illustration of the sign is
located the second page of the Landscaping Plan.
13
VII. MUD Impact
The Idaho Creek PUD is located within the I-25 MUD district. A legal
description for the property has been included with this submittal as support.
According to Map 2.1 of ordinance 191, all of Section 10 of Township 2
North of Range 68 West is located within the MUD,of which the subject
property is located within.
The Structural Land Use Plan of Ordinance 191 designates residential uses
for the Eastern portion of Idaho Creek and has designated the Western
Portion of Idaho Creek as"Limiting Site Factors." The developers of Idaho
Creek have adhered to the land use designations for the property by
planning for all residential development to occur East of Road 7.5 and
leaving the majority of the Western portion of the property as open space
and for a potential school site.
In planning the Idaho Creek PUD, careful consideration has been given to
the policies,goals and regulations of the Comprehensive Plan, Ordinances
and Development Standards for the MUD. The following is a list of
complying Development Standards for the Idaho Creek development:
1. The homes at Idaho Creek will not exceed maximum lot coverage ratios
for residential uses.
2. Idaho Creek will exceed Common Open Space requirements.
3. MI roads and streets comply with the Transportation guidelines.
4. The Open Space and Rural Ditch area will employ trail systems
(MUD.TGoal2).
5. Idaho Creek will be a community with a potential School Site
(MUD.PGoal3).
6. The developer is willing to pay for utility line extension fees and cash-
in-lieu fees for services.
7. Idaho Creek will promote home owning opportunities to potential
buyers who may not otherwise be able to purchase a house due to rising
housing costs.
Idaho Creek is intended to be a well planned community, implementing
natural areas and open space into a cohesive development that is affordable
to broader range of potential homeowners from varying socio-economic
classifications.
14
VIII. IGA's
It has been determined that the Idaho Creek PUD does not exist within an
IGA area. Section 10 of the MUD is not affected by any agreements with
Frederick, Firestone,Dacona or Longmont.
15
EXHIBIT F
United States Depa
rtment of the Interior
impi FISH AND WILDLWE SERVICE
p,dwrr trvY+a
Cola s&ns Ofaoo
P.O.la 25416
Devoe psi as
Dos,Cobra 1016070t
same Oen SE? 1 4 fl
taw Bonar
Overtone
5231 South Quebec Street
Greenwood Village.Colorado 80111
Dear Mr. B0nsar:
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the
as amended (16 U.S.C. 1531 a seq.), the Service
Endangered Species Act of 1973 (ESA), la's survey
reviewed the Preble's meadow jumping mouse, Zapur hudsoruus Pr+ebki, (Preble's)
report submitted with your letter of August 12, 1998. Ibis report regards Carlson Associates,
Iac.'s sate in Weld County, Colorado.
We remind you that survey guidelines require project location in 1/4, 1/4 Section, Township,
and Range; ITI'M coordinates: and USGS topographic maps for all sites. Please forward the
pertinent information for this site to us at your earliest convenience.
The Service agrees that Preble's habitat is not present within the subject area. Thus, the
Service concludes that development or other actions on this site should not directly affect the
continued existence of Preble's.
If the Service can be of further assistance, please contact Peter Plage of my staff at (303) 275-
2370.
Y7
irtelelloy W. Carlson ----
Colorado Field Supervisor
cc: U.S. Army COE, Littleton, CO
Reading file
Project file
Fb446
a ye.,swdau nne.iao
St. Vrain Valley Sch19l District RE-1J
395 South Pratt Parkway • Longuikvit • CO • ;,() (II r,.;,r
303-776-6200/449-4v: • I i1.A 101 (,;
November 30, 1998
Ryan Carlson EXHIBIT G
12460 1st Street
Eastlake, CO 80614
RE: Idaho Creek School Site
Dear Ryan, •
The School District has completed the review of the potential school site in the Idaho
Creek Subdivision. It has become apparent that the site is not large enough to
accommodate a middle school and the pond area would be difficult for the School
District to maintain. The possibility however may exist that the 10 acres could be
necessary for another elementary school site with the growth that is being considered
in the I-25 MUD area. The District would be interested in the dedication of the 10 acre
site (the pond area not included) for a possible elementary school if the flood plain
could be removed from the site and the District could have the option to sell this parcel
in the future. Selling the parcel would only occur if the growth necessary to require this
school never materializes. The proceeds from the sale would be used solely for the
purchase of another school site located where the development requires in the Weld
County area of the District.
As mentioned in our response letter to the County, the other option to consider if the
land dedication cannot be accomplished is the payment of a cash-in-lieu amount of
$427 per single-family dwelling. This would go towards the purchase of a future
school site to serve this area. This can be arranged to be made payable at the time of
each building permit or in a lump sum amount up front. Please let me know if you
have any questions or comments on how we can finalize this project. I look forward to
hearing from you and appreciate your willingness to work with the School District.
Sincerely,l
Scott Toillion, AICP
Planning Specialist
cc: Bob Moderhak, Assistant Superintendent of Auxiliary Services
Rex Hartman, Director of Operations and Maintenance
"Excellence - Our Only Option"
Hello