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Home My WebLink About951280.tiffat, 1111k COLORADO mEmORAnDU Board of County Commissioners Gloria Dunn, Planning Dept. May 10, 1995 To Date n Lee D. Morrison, Assistant Weld County Attorney From COMMENTS RE: COLLATERAL AGREEMENTS: Subject:CONTThJEJ.JT A r VIEW POND _ PT D 1. The Board should consider whether to require warranty collateral to be held for the landscaping past the initial planting. The documentation suggests that success can be judged only after three years. Ordinarily, warranty collateral is required to be held for 9-12 months after roads are initially completed. I would suggest that $2,000 be held as warranty collateral for the roads and landscaping to be held up to three years. This would be posted at the time of release of the $91,000 provided that the water and gas lines are fully accepted by the utilities. 2. The proposed letter of credit should include the language found at paragraph 8.1, bullet #5 of the Collateral Agreement making the collateral renewable automatically. 3. I do not have Exhibit B of the Covenants and do not know what constitutes "common areas" under § 1.03. The covenants do appear to adequately provide an assessment mechanism for those areas under Article IV. The PUD statute provides authority for the County to enforce covenants regarding maintenance of common open space. Should the area included within the covenant's definition of common area include common open space, the Board may wish to include the language found in statute to provide for enforcement of maintenance. (24-67-105(c)) comments.db Ek k,bJ F \Lee 10. Morrison Assistant Weld County Attorney 5oc_cf5) 951280 § 24-67-105 GOVERNMENT—STA TE (ci In the (cent that the organization established to own and maintain common open space, or any successor- organization, fails at any time ai ter establishment of the planned unit development to maintain the common O1 ,(271 space in reasonable order and condition in accordance with the plan, he county or municipality may serve written notice upon such organization er upon the residents of the planned unit development setting forth the manicr in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that in ch deficiencies of maintenance be cured within thirty days thereof and shall st tie the date and place of a hearing thereon which shall he held within fount en days of the notice. At such hearing the county or municipality may moeifv the terms of the original notice as to deficiencies and may give an extens,on of time within which they shall he cured. If the deficiencies set forth in!Hit original notice or in the modifications thereof are not cured within said thi h days or any extension thereof, the county or municipality, in order tc, preserve the taxable values of the properties within the planned unit develop- ment and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in 'he public any right to use the common open space except when the same k voluntarily dedicated to the public by the owners. Before the expiration of said year, the county or municipality shall, upon its initiative or upon the written request of the organization theretofore responsible for the mainte- nance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned unit development to he held by the hoard designated by the county or municipality, at which hearing_ such organization or the residents of the planned unit development shall show cause why such maintenance by the county or municipality shall not, at the election of the county or municipality, continue for a succeeding year. If the board designated by the county or municipality determines that such orga- nization is ready and able to maintain said common open space in reasonable condition, the county or municipality shall cease to maintain said common open space at the end of said year. If the board designated by the county or municipality determines that such organization is not ready and able to maintain said common open space in a reasonable condition, the county or municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. (d) The cost of such maintenance by the county or municipality shall be paid by the owners of properties within the planned unit development that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties. The county or municipality shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the planned unit development and shall certify such unpaid assessments to the board of county commissioners and county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes. 376 951280 ott WilDe. COLORADO mEmoRAnDum Gloria Dunn To Weld County Planning Date March 7. 1995 � From Trevor Jlrlcek, Supervisor. Environmental Protection Sarvir c Subject Case Number: S-477 Nama• O1harding, Bat -hall, Withal -quiet, and Henze NW4, SW4 of Section 29, Township 02 North, Range 68 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 7. A CDPS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. TJ/cs-378 951280 mEmoRAIMum Mat COLORADO Gloria Dunn, Current Planner March 3, 1995 To From Subject: Date Don Carroll, Project Administrator Case No. S-377, Continental View Ponds PUD I have reviewed the application and the drawings, and I have the following comments: Under Exhibit A in the application, the applicant has set aside $6000 to complete the cul-de-sac and the culvert. This amount should be adequate for construction. I have reviewed the drainage and grading plan for the Continental View Ponds PUD and find no conflict with them. The typical cross-section of the access road and the cul-de-sac are indicated on the mylar, both meet County standards. On the landscaping plan map, the landscaper is indicating the trees and bushes are located directly in the center of the access road to Lot 2. This road should be identified on the plans as an access road to Lot 2. Under the design standards Section 10, 10.1, all subdivisions except for minor subdivisions apply to the following standards. The minimum right-of-way widths for local roads, which are subdivision streets or cul-de-sacs, should be 60 ft. wide. The plans indicate a 50 ft. wide entrance of the cul-de- sac and a 50 ft. wide entrance to Lot 1. This application is being presented as a PUD even though there are only five lots. The Planning Department needs to clarify whether this property would be classified a minor subdivision or a regular subdivision. Any waterline extension or utility work done within or across Weld County's right-of-way will require a utility permit. Please contact Don Somer, Weld County Public Works Department. cc: Commissioner Webster Continental View Ponds PUD file :s-377.dc [ MAR C` " 1995 manse 951280 MOUNTAIN VIEW FIRE PRO . ECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 February 28, 1995 Ms. Gloria Dunn, Current Planner Weld County Dept. of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Case Number: S-377 Continental View Ponds Dear Ms. Dunn: I have reviewed the submitted materials for compliance with the adopted codes and standards of the Fire District. The PUD is within the boundaries of the Fire District and will receive service from the District. The Fire District has no objections to the PUD. Based on my review I have the following comments: 1. The developer of the project has previously agreed with the Fire District that the five residences in this PUD will have residential fire sprinkler systems. This is acceptable to the Fire District in lieu of meeting the requirements for fire flow and hydrants. 2. Plans for the fire sprinkler systems need to be submitted to the Fire District for review and approval prior to beginning the installation of the systems. 3. Access to the individual houses needs to be dearly marked with directional signs or dearly visible addresses. If you have any questions, please contact me. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: William N. Bailey, Deputy Chief, Fire Prevention Ron Zaruba, Captain, MVFPD Station Six Station 1 9119 Cnty Line Rd. Longmont, CO 80501 Station 2 10971 WCR 13 Longmont, CO 80504 Station 3 P.O. Box 575 299 Palmer Ave. Mad. CO 80542 Station 4 P.O. Box 11 8500 Niwot Road Niwot, CO 80544 Station 5 10911 Dobbin Run Lafayette, CO 80026 Station 6 P.O. Box 668 600 Briggs Erie, CO 80516 951280 y + EX HIT St. Vrain Valley b. hool District RE -1J Dr. Thelma Bishopp Asst. Superintendent for Human Resources Thomas A. Garcia Director of Human Resources & Planning 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-7343 •FAX 303-682-7343 February 27, 1995 Gloria Dunn Current Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 RE: Continental View Pond PUD Dear Gloria: The projected student impact upon the St. Vrain Valley School District, based upon the development of 5 single-family lots on 40.62 acres is 3 students. Students living in this subdivision would attend Erie Elementary School, and Erie Middle/Senior High School under the present school boundaries. Bus transportation would be required. CAPACITY ENROLL:in-NT # STUDENTS STUDENT OVER PROJECTED IMPACT CAPACITY ELEMENTARY: 432 382 2 384 No MIDDLE/SENIOR HIGH SCHOOL: 677 344 1 345 No 3 While there is a student impact from this development, it does not create capacity concerns for the Erie feeder system. Therefore, the District isnot in opposition to this development proposal. The District, however, would like to meet with the developer to discuss the possibility of land dedication or cash -in -lieu to mitigate the student impacts that are created by this development. Sincerely, AZ -m' ,1ava Thomas A. Garcia Director of Human Resources & Planning "Excellence - Our Only Option" REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 March 6, 1995 Ms. Gloria Dunn Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Please see the attached past correspondence from this office to you concerning this property. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee at (303) 979-4120, and reference action ID #199480388. Sincerely, aenanino DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 May 20, 1994 REPLY TO ATTENTION OF Gloria Dunn Dept. of Planning Service Weld County Admin. Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Reference is made to Case Number Z-488 which is located in Section 29, Township - 2 -North, Range -68 -West, Weld County, Colorado. If any work associated with this project requires the excavation in or placement of dredged or fill material, either temporary or permanent, into wetlands adjacent to the pond or the pond at this location, this office should be contacted for proper Department of the Army permits pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199480388. Sincerely, T' .ethy I. Ca Project • anger 951280 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS. OMAHA DISTRICT TRI-LAKES PROJECT OFFICE. 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 REPLY TO ATTENTION OF Ms. Gloria Dunn Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 February 4, 1994 Dear Ms. Dunn: Reference is made to your case number S-351 (Martha A. Williams), which is located in Section 29, Township -2 -North, Range -68 -West, Weld County, Colorado. Prior to any work at this site, the property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped. This office should be contacted for proper Department of the Army permits prior to any work in an existing wetlands or lake at this site. Please find the attached list of Environmental Consultants who may assist in the wetland delineation and mapping. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199480063. Sincerely, Tim by . Carey Project ager Enclosure 951280 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 March 16, 1995 Ms. Gloria Dunn Weld County Department of Planning Services 1400 N. 17TH Avenue Greeley, CO 80631 Dear Ms. Dunn: Roy Romer Governor lames S. Lochhead Executive Director Hal D. Simpson State Engineer Re: Continental View Pond, S-377 Previously reviewed as Whispering Waters PUD Williams Pit, M-74-070 SW1/4 Sec. 29, T2N, R68W, 6TH PM W. Division 1, W. District 6 We have reviewed the above referenced proposal to create S single family residential lots on a 40.62 acre parcel. No information was provided on projected water requirements. The domestic water supply is to be from the Left Hand Water District, and a letter of commitment for service has been submitted. Information in our files indicates that the District has sufficient water resources to serve this development. The parcel includes a lake of about 25 acres. This water body is the result of gravel mining operations on the property. Our records show that the gravel mining operator does have a valid well permit for the pit, Permit No. 037646-F, which operates under a contract with the Water Users Association of District 6 to supply augmentation water to cover evaporative depletions from the exposed 25 acre surface. The Homeowners Agreement/Covenants do not address whose responsibility it is to continue the contract with the Association of District 6 for ongoing water supplies to augment stream depletions caused by the pond evaporation. The responsible party should be identified, and if it is the Homeowners, that information should be included in the Homeowners Agreement/Covenants. We have no objection to the proposal. If you have any questions in this matter, please contact me. Sincerely, J JS/continen cc: Alan Berryman, Division Engineer Water Supply Branch John Schurer, P.E. Water Resource Engineer MAR 2 0 1995 �t • *e llrlanninp 951280 J Hello