HomeMy WebLinkAbout20200302.tiffCHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number
1 4 6 9_ 3 5. 0 _ 0 0. 0 2 7
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or ww.coeweld.co.us)
(Include all lots being included in the application area. If additional space is required, attach an additional sheet)
Legal Description LOT 'B"
Section 35 , Township a North, Range 67 West
Property Address (If Applicable) 10025 WELD COUNTY ROAD 2
Existing Zone District: AG
Average Lot Size: 0,900 SF
Proposed Zone District: PUD
Total Acreage: 79.6
Proposed #/Lots: 300
Minimum Lot Size: 4,000 SF Proposed Subdivision Name: Todd Creek Village Nor
FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet)
Name: ALF TODD CREEK VILLAGE NORTH LLC
Work Phone # 719-447-8773 Home Phone # Email Address pmartzlrg@comcast.net
Address: PO BOX 50223
City/State/Zip Code COLORADO SPRINGS, CO 80949
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: DON RYAN
Work Phone # 303-575-4575 Home Phone # Email Address Bryan@norris-design.com
Address: 1101 BANNOCK
City/State/Zip Code DENVER, CO 80204
UTILITIES: Water:
Sewer:
Gas:
Electric:
Phone:
DISTRICTS: School:
Fire:
Post Office:
TODD CREEK VILLAGE NORTH METRO DISTRICT (TCVNMD)
TODD CREEK VILLAGE NORTH METRO DISTRICT (TCVNMD)
XCEL ENERGY
UNITED POWER
COMCAST, CENTURYLINK, OR OTHER
27J BRIGHTON
GREATER BRIGHTON FIRE DISTRICT
ZIP CODE 80603
I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board
of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld
County, Colorado:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property
must sign this app tion. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the
application. If a rp ration is t fec o , ner, notarized evidence must be included indicating the signatory has the legal authority
to sign for the rpI r4tion.
Signature.Own +of Authorized A j en
Signature: Owner or Authorized Agent Date
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 12/03/2018 01:25 PM
ID Number: 20081193708
Document number: 20181947706
Amount Paid: $60.00
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number:
Entity name:
20081193708
ALF Todd Creek Village North, LLC
Jurisdiction under the law of which the
entity was formed or registered: Colorado
1. Principal office street address:
2. Principal office mailing address:
(if different from above)
P.O. Box 50223
(Street name and number)
Colorado Springs
CO 80949
(City) (State) (PostallZip Code)
United States
(Province —if applicable) ('Count!), — fnot US)
(Street name and number or Post Office Box information)
(City)
(Province — if applicable)
3. Registered agent name: (if an individual) Martz
or (if a business organization)
(Last)
(State) (Postal/Zip Code)
(Country if not US)
Peter
(First) (Middle) (Suffix)
4. The person identified above as registered agent has consented to being so appointed.
5. Registered agent street address: P.O. Box 50223
6. Registered agent mailing address:
(if different from above)
(Street name and number)
Colorado Springs
(City)
P.O. Box 50223
Co
(State)
80949
(Postal/Zip Code)
(Street name and number or Post Office Box information)
Colorado Springs
(City)
(Province — if applicable)
CO 80949
(State) (Postal/Zip Code)
United States
(Country — rf not US)
REPORT
Page 1 of 2 Rev. 12/01/2012
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
M a rtz
(Last)
P.O. Box 50223
Peter
(First.)
(`Middle) (Si ffrx)
(Street name and number or Post Office Box information)
Colorado Springs CO 80949
(City) (State) (Postal/Zip Code)
United States
(Province —if applicable) (Country — if not US)
(The document need not state the tare name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT
Page 2 of 2 Rev. 12/01/2012
CHANGE OF ZONE 1 REZONING QUESTIONNAIRE:
How is the proposed rezoning consistent with the policies of the Weld County Code, Chapter 22? If the proposed
rezoning is not consistent with the Comprehensive Plan, explain how the proposed rezoning will correct what the
applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the
changing conditions in the area.
Yes, the proposed PUD isconsistent with the Weld County Comprehensive Plan, specifically Article IV of
Section 26 for the Dry Creek RUA.
2 How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Include a
description of existing land uses for all properties adjacent to the subject property.
Dry Creek RUA Policy includes Green Transitions, where development should use landscaping to provide
a transition and buffer from higher density more active land uses to lower density residential land use and
existing rural land uses. The Change of Zone application incorporates Green Transitions and site buffers
at perimeter boundaries and within the development. These buffers are provided along property
boundaries as a transition from the proposed PUD to surrounding land uses. The eastern property
boundary also has storm water ponds and drainage ways integrated with the open space network that
increases the width of these buffer areas in several locations. Within the Suburban Residential Area this
ensures that there is an edge that can transition to the adjoining agricultural uses along the boundaries
and will assist in buffering the RUA.
3. Will the property use a septic system or public sewer facilities?
Public sewer facilities as part of the agreement with Todd Creek Village North Metro District.
4. Who will provide adequate water, including fire protection, to the property?
Public water facilities will be provided as part of the agreement with Todd Creek Village North Metro District.
Brighton Fire Rescue District has also reviewed the proposal for fire protection, concluding: "For phase 1A
the fire flow information of 2,000 gpm at 50 psi residual pressure will work. For phase 1 B looping the north section
into the main supply as you suggested is also acceptable."
5. Does the property have soils with moderate or severe limitations for construction? If yes,the applicant shall submit
information which demonstrates that the limitations can be overcome.
The Colorado Geological Survey has reviewed the proposal and has no objection. Expansive and
compressible soils may exist, as in other developed areas of Weld County, and these potential limitations
can be overcome by over -excavation and other industry standard preparations.
5. Is the road and/or highway facility providing access to the property(ies) adequate to meet the requirements of the
proposed zone district? If not, the applicant shall supply information demonstrating the willingness and financial
capability to upgrade the road and highway facilities.
Some upgrades will be required along WCR 21 and WCR 2, and the applicant is willing to and financially
capable of upgrading the existing facilities, pending future development agreements with the County.
Please refer to the Traffic Study and Site Improvement Plans for details.
7 Is the change of zone area located in a Flood Hazard Overlay District?
No.
S. Is the change of zone area located in a Geologic Hazard Overlay District?
No.
9. Is the change of zone area located in the AP (Airport) Overlay District?
No.
From:
To:
Cc:
Subject:
Date:
Peter Martz
Anciela Snyder
Jack E. Reutzel; Jeff Erb
PUDZ18-0006, MET19-0003
Tuesday, December 31, 2019 11:59:15 AM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Angela,
Based on some of the initial agency comments for the above items, we are requesting additional
time so that we can review and resolve the issues that have been raised. Therefore, we ask that
these two items scheduled for Planning Commission on January 7th be continued until the next
scheduled Planning Commission date. Please confirm your receipt of this request and let me know
the date for the next available meeting. Thanks.
Peter Martz
Planner:
Case Number:
Owner:
Owner Address:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcels:
Michelle Martin / Ryder Reddick
PU D K 18-0001
ALF Todd Creek Village North, LLC c/o Peter Martz
P.O Box 50223 Colorado Springs, Colorado 80949
Don Ryan - Norris Design - 1101 Bannock Street Denver, Colorado 80204
PUDK18-0001 K 18-0001 - (Dry Creek East) Request for a PUD Sketch Plan for 174 units of
Suburban Family Detached Residential, 150 units of Suburban Family Attached
Residential, 3.7 acres of Mixed -Use Neighborhood (Commercial Residential), 12
acres of parks, trails, and open space, 4.8 acres dedicated to ongoing oil and gas
activities and 17.7 acres of internal roads.
Lot B of Recorded Exemption RE -433 & Lot B of Recorded Exemption RE -4462;
being part of the W2 of Section 35, Ti N, R67W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 2 & East of and adjacent to County Road 21
-/- 79.6 acres Parcel #s: 1469-35-3-00-027 & 1469-35-0-00-024
REFERRAL AGENCY OVERVIEW:
Twenty -Seven (27) land use referrals were sent to agencies which may be impacted by this proposed
development. Of the twenty-seven (27), four (4) of the referral agencies responded with no concerns or
comment, while six (6) agencies responded with comments, additional requirements and/or concerns. An
overview of the comments provided by the six (6) Agencies that responded are listed below:
1. The Weld County Department of Health and Environment, in their referral response dated March
15, 2018, stated that per the application materials submitted for this case, the proposed development is to
have potable water service provided by Todd Creek Village Metropolitan District (TCVMD) per a signed
water service agreement between the Todd Creek Village Metropolitan District and Alf Todd Creek Village
North, LLC which was included in the application. The agreement for potable water shall be approved by
the Weld County Attorney's Office prior to submitting the Change of Zone application. Weld County
reserves the right to hire an outside consultant to evaluate the water supply which will come at the cost of
the applicant. Sanitary sewer service will be provided by TCVMD through an Intergovernmental Agreement
(IGA) with the City of Fort Lupton. A signed IGA between Todd Creek Village Metropolitan District and Alf
Todd Creek Village North, LLC to provide sanitary sewer service was included with the application. The
agreement for sewer service shall be approved by the Weld County Attorney's Office prior to submitting the
Change of Zone application.
Response: The approval from the Weld Count► Attorney's Office is in process.
2. The Weld County Department of Public Works, in their referral response dated March 23, 2018
commented on a variety of topics including access, internal roadways, adjacent roads and public rights -of -
way, drainage requirements, grading, and a list of general comments and concerns. The Change of Zone
application shall provide written evidence that their concerns/requirements have been addressed and
incorporated into the overall plan.
Response: Meetings have been held with Planning and Public Works to better understand the
comments and address them in the Change of Zone submittal. Additional responses are included
below.
3. The Colorado Department of Transportation (COOT), in their referral response dated March 6,
2018, stated that their issue with the proposal is the impact the development will have on the intersection of
County Road 2 and State Highway 85 located approximately 2.15 miles to the east of the proposed
development. COOT requested that the traffic study should address that specific intersection to get a
clearer understanding if the increase in traffic generated by this development proposal would increase the
traffic at that intersection by more than 20%. If the proposed development would increase the traffic at that
intersection by more than 20% the applicant will need to obtain a new COOT access permit. If not, COOT
would have no further comment.
Response: It has been determined by our traffic engineer that this development would not increase
traffic at the COOT intersection by 20%.
4. The Colorado Geological Survey (CGS), in their referral response dated March 13, 2018, stated
that the proposed site does not contain an economic mineral resource whose extraction would be
precluded by the proposed development nor is it exposed to geologic hazards that would preclude the
density of the residential and mixed uses proposed. Therefore, the CGS has no objection to the Sketch
Plan as proposed. The CGS did however, provide information about the soils on site and expressed that
the site soils are somewhat limited in suitability for construction of dwellings due to shrink -swell potential.
The CGS also made note that the EEC's Geologic Hazards and Mineral Extraction Evaluation report
submitted in the sketch plan application refers to a Geotechnical Exploration report (on page 3) conducted
on October 25, 2007. However, this report was not included with the available referral documents. CGS
would like to review EEC's geotechnical report if available and if not, requests that a preliminary
geotechnical investigation to determine depths to groundwater and bedrock, and to characterize soil and
bedrock engineering properties such as swell/consolidation potential, strength and allowable bearing
pressures. The CGS states this is needed to determine the site's suitability for full -depth basements, if
planned, and to determine the need for depth and lateral extent of over excavation or other stabilization
measures. If over excavation is determined to be necessary, it should be performed on a block, or filing -wide
basis, prior to utility and road construction.
Response: Comments on the soils have been noted. The developer anticipates that some over -
excavation may be necessary, depending on the extent of full -depth basements built, which has not
yet been determined.
5. The City of Brighton in their referral response dated March 23, 2018, expressed concerns with the
proposed PUDK18-0001 development application, expressing serious concerns with the original
implementation of the entire Dry Creek RUA into the Weld County Code approved by the Board of County
Commissioners in 2010. The City of Brighton is concerned about the entire RUA, in that this first phase of
development could spur the start of development that would potentially add up to 6,000 dwelling units at
full build out of the entire RUA, which could lead to 20,000 people living in suburban and urban level
densities with no plans to provide significant employment and shopping opportunities for these new
residences.
The City of Brighton also makes note that the proposed development will need miles of sanitary sewer line
to connect to the City of Fort Lupton sanitary sewer system. The existing transportation network will require
significant improvements in order to accommodate the traffic that would ultimately be generated by this
proposed development. The City also states that the proposed PUD does not address the traffic impacts to
the City of Brighton's roadway network.
The suburban and urban types of development proposed in this application should be located in an area
where employment and shopping opportunities exist and where there are adequate services. The City
believes that because the PUD development area doesn't provide adequate amenities to support the
population proposed to live in the development (i.e. jobs, shopping and emergency services) the residents
of this development will have to travel into the City of Brighton for these services, which can cause
transportation system traffic and maintenance issues. The City opposes the proposed PUD sketch and
believes that a development proposal of this magnitude should be made in an area that is equipped for
suburban and urban uses and should be located within the context of an existing municipal boundary.
Response: The City of Brighton comments have been noted.
6. The City of Fort Lupton in their referral response dated April 11, 2018 explained that the site is
located south of an IGA line between the City of Brighton and the City of Fort Lupton and that the site
location is also located outside of the City of Fort Lupton Comprehensive Plan Future Land Use Map. The
referral also addresses the fact that on July 11, 2012 the City of Fort Lupton responded to a change of
zone request for the site proposed by Alf Todd Creek Village North, LLC concerning sewer service for the
entire RUA area. The City states in their response that the IGA between Fort Lupton and TCVMD to
provide sewer service in this RUA area is still in effect. However, there are conditions in place per the
existing IGA between the City and TCVMD that need to be addressed before service will be provided. The
referral included a copy of a July 11, 2012 referral the City of Fort Lupton addressed to County Attorney
Bruce Barker regarding the Dry Creek East Change of Zone Application that was previously submitted. In
the letter it states that the IGA between TCVMD and the City of Fort Lupton defines the general terms and
conditions under which the Fort Lupton sewer facilities can be expanded to provide services to the Dry
Creek RUA area which includes the PUDK18-0001 project area. The IGA contemplates Fort Lupton
expanding its current sewer facilities to accommodate development in the Dry Creek RUA. However, to
do this it would require TCVMD to design and construct a sewer main from the city of Fort Lupton defined
growth area boundary to the existing Fort Lupton treatment plant (the "District Main"). Fort Lupton would
then need to design and construct an expansion of the existing sewer treatment facilities to handle
sewage from the District Main.
This referral letter states that Fort Lupton's obligation to provide sewer services to the Growth Area is
contingent upon conditions that do not currently exist. And explains that Section l(A) of the IGA clearly
states that none of the obligations in the IGA are effective "unless and until TCVMD enters into an IGA
with the County, and the owners of the property within the RUA growth area secure vested development
rights from the County." The letter further explains that it is undisputed that the "District" (TCVMD}, at this
time has no IGA with Weld County and the property within the RUA growth area has not secured vested
development rights from Weld County.
Fort Lupton does not dispute that under certain circumstances it is obligated to provide sewer services to
the RUA growth area. TCVMD has made a payment to offset a portion of design expenses related to the
treatment plant expansion, and Fort Lupton has modified its 208 plans to include the RUA growth area.
However, both activities can be seen as partial performance under the IGA and therefore neither of these
two activities establishes conditions precedent to Fort Lupton being obligated to accept and treat sewage
from the project or growth area. Because of these facts, the City of Fort Lupton believes the applicant has
no standing under the IGA to request any sewer services for the project. TCVMD presently does not have
the ability to commit to providing sewer services through the Fort Lupton treatment facility and has not
requested that Fort Lupton begin the process to expand its treatment plant to accommodate sewage from
the Growth Area. Fort Lupton has previously requested information detailing the phasing of the Project
and anticipated sewer tap requirements to evaluate how and when to start the potential expansion of the
existing treatment plant and have received no confirmations. Fort Lupton cannot start a sewer treatment
plant expansion without having firm commitments on phasing and capacity projections that are reliable
and reasonable.
Fort Lupton initially raised the request for more specific phasing and capacity burdens in the preliminary
referral response submitted to Weld County on October 19, 2011. To date there has been no response to
the submittal of this referral response. Fort Lupton and TCVMD have recognized that the IGA should be
revised. The County has also stated the IGA needs to be modified to address sewer services outside of
the existing Growth Area. Fort Lupton has offered at least five different modifications to the existing IGA,
none of which were deemed acceptable to TCVMD. The last proposed modification was sent to TCVMD
on March 7, 2012. TCVMD did not acknowledge receipt of the last proposed IGA.
As detailed above, the applicant cannot accurately represent that it has secured sewer services to support
the project. While Fort Lupton is willing to continue to negotiate toward an acceptable modified IGA or
would entertain entering into a separate agreement with the applicant related to sewer services, there is
no current obligation of Fort Lupton to service the project under the existing IGA. Therefore, until specific
conditions precedent has been met with the City of Fort Lupton, TCVMD cannot provide the Dry Creek
East Project with any sewer treatment services.
Response: Comments from the City of Fort Lupton have been noted, and it is understood that
additional improvements will be required to service this area. Our team is working with TCVMD and
other entities to resolve sewer wastewater provisions.
7. The Weld County Sheriff's Office did not comment on this referral request however it is important
to note that prior to recording the Final Plat, the applicant shall present a unanimous petition of all
landowners in the development that are registered to vote in the State of Colorado thus qualifying the
Development for inclusion into the Southwest Weld County Law Enforcement Authority (SWCLEA). The
LEA is a taxing unit with a maximum mill levy of 7 mils created for providing additional law enforcement by
the County Sheriff to the residents of the developed or developing unincorporated area of Weld County.
The revenues would be available initially to provide directed patrols and eventually to provide additional
deputies to carry out those activities within the LEA. This is intended to offset the demand for law
enforcement generated by increased population densities.
Response: Comments regarding the SWCLEA have been noted.
PLANNING STAFF REVIEW:
Planning staff has reviewed the submittal in detail and have the following comments:
Mixed Use Neighborhoods:
The Dry Creek RUA map found in the Chapter 26-S appendix section of the Weld County Code, delineates
a Proposed Mixed -Use Neighborhood Location component to be located near the northeast corner of
County Road 21 and County Road 2. This mixed -use Neighborhood Component called out in Chapter 26
conforms with the proposal shown on the sketch plan map submitted with this case, as the applicant is
proposing that specific location as a Mixed -Use Neighborhood Location for commercial and residential
uses. This portion of the site proposed for commercial and residential mixed -use is the only mixed -use area
proposed in this phase of development. The mixed -use portion of the proposed PUD site is to be 3.7 acres
of the total 79.6 -acre development area. If you take out the required 15% open space from the 79.6 -acre
total proposed development area, you have 67.66 acres, leaving roughly 5.5% of that 67.66 -acre area
proposed for Mixed Use Neighborhood development. The maximum lot coverage per lot proposed as
Mixed -Use Neighborhoods in the Dry Creek RUA is 85% per the Weld County Code Section 26-4-70 Table
26-3. In the Change of Zone application please supply with the Change of Zone preliminary map a typical
lot layout showing the size and percentage of the parcels being encumbered by the Neighborhood Mixed -
Use.
Response: Typical lot layouts for the Mixed Use Neighborhood areas have been included in the
Change of Zone Plans.
The sketch plan map submitted for this case does not show vehicular or pedestrian access, parking,
landscaping, open areas for gathering or screening for this phase of development, which will need to be
addressed in the Change of Zone application. Because of this missing information, it does not look like the
area dedicated for mixed -use will add up to 3.7 acres of the entire proposed development as drawn up in
the sketch plan map.
Response: The maps have been amended to address access, rights -of -way, and buffer
requirements, and the Mixed Use area has been recalculated.
The connectivity/walkability between the mixed -use area defined on the sketch plan map and the more
suburban/residential type land uses proposed in the overall development needs to better address the
addition of open space/trail connectivity to the proposed development plan map. Per the Weld County Code
Section 26-4-160. - (Trails) in the Dry Creek RUA: it is a goal that, within and around the Dry Creek
RUA, the transportation and circulation system should provide for an extensive network of neighborhood,
local and regional trails open to all types of non -motorized travel that link neighborhoods to community
features and the region. A pedestrian friendly, off-street trails system is encouraged that provides a positive
experience with areas of interest along the trail routes. Trails should provide reasonable accommodation
and access for people of all ages and abilities." Looking at the maps provided for the sketch plan, the mixed -
use area looks like it is proposing peripheral trail access between the mixed -use and suburban residential
land use areas through the trails and open -space areas called out along the southern and western edges
of the proposed development adjacent to County Road 2 and County Road 21. There are no internal
pedestrian trail accesses to the site that could show the type of connectivity envisioned with Goal 26-4-160
of the Weld County Code stated above. With the Change of Zone map for this case, open space and trail
areas should be added on the eastern and northern boarders of the proposed mixed -use area to allow for
the envisioned connectivity set forth in Chapter 26, Article IV, of the Weld County Code.
Response: The maps have been amended to include additional pedestrian trail connections
throughout the site.
Suburban Neighborhoods:
The proposed uses called out in the sketch plan map provided for this case show a total of 31 acres of
proposed Single Family Detached Suburban Residential and 9.1 acres proposed to be medium density or
high density Suburban Residential. The total proposed Suburban Residential area makes up the majority
of the proposed development on the site with 40.1 acres of the 79.6 total acres proposed to be zoned
suburban Residential in this phase of development. If you take out the required 15% open space from the
79.6 -acre total proposed development area, you have 67.66 acres, leaving roughly 59.3% of that 67.66 -
acre area proposed for Suburban Neighborhood development. The maximum lot coverage per lot proposed
as Suburban Neighborhoods is 65% per the Weld County Code Section 26-4-70 Table 26-3. In the Change
of Zone application please supply with the Change of Zone preliminary map a typical lot layout showing the
size and percentage of the parcels being encumbered by the suburban residential neighborhood use.
Response: The maps have been amended to include lots and typical lot layouts for the Suburban
Neighborhood area in the plans and the Specific Development Guide.
The Sketch Plan map submitted for this case did not show internal access to the area proposed to be zoned
for Medium/High Density Suburban Neighborhood uses. Please show the internal site access going through
the 9.1 -acre area. Per section 26-4-50. D.1.o "Neighborhood Interconnectivity: Neighborhoods located
adjacent to future development areas should provide opportunities for future roadway and open space
extensions. Cul-de-sacs and other dead-end streets are discouraged unless necessitated by the natural or
built constraints of the site. Where cul-de-sacs are used, pedestrian connections should be provided
between the street and adjacent open space areas, trails and other common areas to promote
neighborhood connectivity." Per the Code, barring any constraints an internal roadway connection with
walkways will be needed to provide vehicular as well as pedestrian access into the medium to high density
residential area proposed. With regards to proposed neighborhood interconnectivity and walkability,
looking at the Sketch Plan map provided in the application, the entire 40.1 acres proposed to be zoned
Suburban Residential does not meet the goals listed under Section 26-4-50.D.1.n and 26-4-
50.D.1.o. Section 26-4-50.D.1.n states: "Walkability of Residential Neighborhoods: Suburban residential
neighborhoods should be pedestrian friendly and walkable. Detached sidewalks and pedestrian and
bicycle paths are encouraged." The Current Sketch does not propose dedicated sidewalks and walkways
throughout the suburban area that promote accessibility, to meet these requirements the addition of
proposed walkways long the internal roadways to allow easy access to the trial system for every resident
would correct this at the change of zone stage.
Response: The maps have been amended to include lots and typical lot layouts for the Suburban
Neighborhood and Mixed Use areas in the plans and the Specific Development Guide.
Lot sizes and proposed zoning types will be required on the map at the Change of Zone application stage.
For single family detached suburban residential, the zoning required would fall under the R-1 Zone District
designation (Section 23-3-110 of the Weld County Code). For the medium density and high density
proposed suburban residential area please refer to the R-3 and R-4 Zone districts, Sections 23-3-130 &
23-3-140 of the Weld County Code.
Response: The maps have been amended to include lots and typical lot layouts for the Suburban
Neighborhood and Mixed Use areas in the plans and the Specific DevelopmentGuide.
Limiting Site Factors:
The Limiting Site Factor location on this site is an oil and gas well and tank battery site located in the
northwest portion of the proposed development and three plugged and abandoned well sites located along
the eastern edge of the development. Please refer to section 23-3-160.M of the Weld County Code which
calls out that "No BUILDING or STRUCTURE shall be constructed within a three -hundred -fifty -foot radius
of any OIL AND GAS PRODUCTION FACILITIES or within a twenty -five-foot radius of any plugged or
abandoned oil and gas well. Any construction within a three -hundred -fifty -foot radius of OIL AND GAS
PRODUCTION FACILITIES shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10.C of this Code."
Response: This PUD Change of Zone includes a variance: "Oil and Gas setbacks shall be 200 feet,
including a 50 foot usable landscape and trail area."
One other item to note, Section 26-4-908.3 of the Weld County Code Refers to Buffer Conditions in
the Dry Creek RUA► and explains, "Buffer or screening between development and oil and gas
operations areas: A landscape buffer should be employed for the outer fifty (50) feet of the setback
from an oil and gas well or operations area. This buffer area may be used for underground utilities,
sidewalks, trails and/or parking, and must be landscaped with grasses, vertical landscaping or
shallow -rooted landscaping." This outer 50' of the total 350' buffer area is the only potion of the buffer
area that can be used as part of the minimum 15% open space area requirement for this proposed
development called out in 26-4-80 table 26-4 of the Weld County Code.
Response: Comment noted. The outer 50 feet of the total 200 foot buffer has been designated as a
landscape buffer.
Landscaped Medians and Roadsides:
Per Section 26-4-140 Policy A.4 of the Weld County Code states, "Screening of Adjacent Uses through
Landscaping, Berming and Clustering: adjacent to County Road 21 should be screened from County Road
21 through best practice landscape treatment including but not limited to landscape berming, berm -wall,
tree clustering, fencing and high intensity planting." The applicant with the Change of Zone application will
need to add screening along County Road 21 to meet the intent of this Policy.
Response: This PUD Change of Zone includes additional buffer area and screening at WCR 21 and
other buffer zones.
The applicant shall include in the Change of Zone application a copy of a surface use agreement or
memorandum of understanding which addresses horizontal and directional oil and gas drilling with the
properties mineral owners and leaseholders stipulating that the oil and gas activities have adequately been
incorporated into the design of the site or show evidence that an adequate attempt has been made to
mitigate their concerns. Additionally, this surface use agreement shall address the use of oil and gas
setback areas. The applicant shall also include in future applications a copy of an agreement with the
properties subsurface hard rock mineral owners and leaseholders stipulating that the resources have
adequately been incorporated into the design of the site. Evidence of an agreement or signed
understanding shall be submitted with the Change of Zone application.
Response: Comments regarding the SUAs have been noted.
Metro Districts:
If the applicant elects to finance the project through Metropolitan Districts (Title 32) the applicant will need
to submit the metro district applications in conjunction with the Change of Zone application submittal. Both
Water and Sewer Agreements will need to be review by the weld County Attorney and approved during the
Change of Zone application process.
Response: Comments regarding the Metro District have been noted.
Agreements:
The proposed sketch plan is for proposed development site approximately 79.6 acres in size, located north
of and adjacent to County Road 2 and east of and adjacent to County Road 21. Even though this proposed
PUD Sketch Plan does not include the area within the Regional Urbanization Area (RUA) north of County
Road 6 the applicant shall work with the City of Fort Lupton to amend the Intergovernmental Agreement
(IGA) to include sewer service for that area. It is important when designing and planning for the sewer
infrastructure that the entire Dry Creek RUA is included in those plans as this site is the furthest site south
from the existing Fort Lupton infrastructure. Therefore, prior to submitting the Change of Zone application,
the applicant shall submit a signed updated IGA with the City of Fort Lupton to include the area north of
County Road 6 for sewer service.
Response: Comments regarding sewer service have been noted.
Parks, Trails and Open Space:
The total proposed Open Space shown on the sketch plan maps provided in this application show 11.8
Acres on the 79.6 acre proposed development site. the proposed amount of open space falls just under the
minimum 12 acres needed to meet the minimum 15% open space required for the development per section
26-4-80 table 26-4 of the Weld County Code. Looking at the map provided in the PUDK18-0001 application,
a portion of land located more than 50 feet into the oil and gas buffer for the well head and on the property
was calculated into the open space but is not eligible per Section 26-4-90 B.3 of the Weld County Code.
That portion of the calculated area will need to be taken out of the proposed open space for the site as it is
not eligible to be called out as usable open space for this development.
Response: The open space area has been increased to 14.1 acres.
The applicant shall submit a trail map with the Change of Zone application. According to Section 26-4-80
Policy 4.c of the open space component of the RUA states, "...patches of open space should be linked
together via open space corridors of adequate width to protect sensitive species and allow for genetic
diversity through species movement. Creation of isolated or small patches of open space or habitats that
are inaccessible or unusable for wildlife is discouraged." With the Change of Zone application, the applicant
shall create a network of open space links to connect the open space and parks together to eliminate any
isolated patches of open space. Along with this the map application questionnaire shall also show more
detail regarding the RUA buffer Conditions required for this phase of development please refer to section
26-4-90 of the Weld County Code to address this in more detail.
Response: Additional details regarding the trails, open space and buffers have been included in the
plans.
The applicant shall provide additional detail concerning the treatment of open space, required RUA buffer
conditions, the proposed hierarchy of landscapes, the proposed park amenities, the treatment of
jurisdictional and non -jurisdictional wetland areas, the riparian areas, specific to the referral comments
contained herein, and the measures to be implemented specific to onsite erosion and sedimentation, i.e.,
what "Best Management Practices and Sound Land Use Planning Practices" will be employed for this
development.
Response: Additional details regarding the trails, open space and buffers have been included in the
plans.
APPLICATION SUMMARY:
The purpose of the Sketch Plan application and staff analysis is to inform the applicant of general concerns,
submittal deficiencies, and recommended redesign. Comments are designed to determine whether the
application - as submitted - meets the criteria for forwarding the Sketch Plan to the next phase, which is
the Change of Zone. (See Section 27-4-10 of the Weld County Code)
After reviewing the PIED Sketch Plan proposal, it is the opinion of the Department of Planning Services that
with re -design and resolution of outstanding issues as stated above, the Sketch Plan and Development
Standards will comply with the Weld County Code.
This report addresses specific deficiencies in the following areas identified in Section 27-4-40.A of the Weld
County Code:
1. Consistency with the Weld County Code
2. Conformance with the Performance Standards required of PUDs
3. Compatibility with existing and future development in thearea
4. Evidence of water and sewer service
5. Adequate access and road capacity
6. Compliance for overlay districts, mineral deposits and soil conditions
From: Lauren Light, Environmental Health Services
Date: March 15, 2018
Re: PUDK18-0001 Alf Todd Creek Village North PUD
The Weld County Environmental Health Services Division has reviewed this proposal for a
Planned Unit Development (PUD) sketch plan for; 174 units Suburban Family Detached
Residential, 150 units Suburban Family Attached Residential, 3.7 acres of mixed use
neighborhood, 12 Acres of Parks, Trails, and Open Space, 4.8 Acres dedicated to Oil and Gas
wells and 17.7 acres of internal roads.
The Todd Creek Village Metropolitan District (TCVMD) will provide water and sewer to the PUD.
There is an intergovernmental agreement between Todd Creek Village North and the City of Fort
Lupton for the use of the Fort Lupton wastewater treatment plant.
Water
The application has satisfied Chapter 27 of the Weld County Code regarding water service. The
application indicates that Todd Creek Village Metropolitan District will provide water. A signed
agreement between the Todd Creek Village Metropolitan District and AIf Equinox Todd Creek
Village North, LLC to provide water service was included with the application. The Weld County
attorney's office will review the agreement to ensure adequate water service prior to submittal of
the change of zone.
Sewer
The application has satisfied Chapter 27 of the Weld County Code regarding sewer service. The
application states sewer service will be supplied by the Todd Creek Village Metropolitan District by
the Fort Lupton wastewater treatment plant. A signed intergovernmental agreement between Todd
Creek Village North and the City of Fort Lupton was included with the application as well as a
signed agreement between the Todd Creek Village Metropolitan District and AIf Equinox Todd
Creek Village North, LLC. The Weld County attorney's office will review the agreement to ensure
adequate sewer service prior to submittal of the change of zone.
Parks. Open Space and Trail System
The land use chart indicates there are approximately 15.6 acres of open space within the proposed
development. The open space includes irrigation ditches, utility easements and oil and gas
operations.
The sketch plan does designate a one -acre park with an exterior trail. The park facilities may include
a playground and multi -use fields. Environmental Health Services is supportive of active recreational
amenities. There will also be five-foot sidewalks located in the development.
Environmental Health Services encourages the developer to provide a trail system and sidewalks
which ensures safe walking and biking access to parks, schools and commercial areas for current
and future phases.
Environmental Impacts
The initial impact plan submitted in the application materials appears to adequately address all
environmental impacts as outlined in Chapter 27 of the Weld County Code.
DATE: March 23, 2018
FROM: Hayley Baizano, Public Works
SUBJECT: PUDK18-0001 Todd Creek Village North Phase 1
The Weld County Department of Public Works has reviewed this PUD proposal. Staff comments made
during this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Request for a PUD Sketch Plan for 174 units Suburban Family Detached Residential,
150 units Suburban Family Attached Residential, 3.7 acres of mixed use neighborhood,12 Acres of Parks,
Trails, and Open Space, 4.8 Acres dedicated to Oil and Gas wells and 17.7 acres of internal roads.
This project is north of and adjacent to CR 2 and is east of and adjacent to CR 21. Parcel number
146035300027.
Access is from CR 21 and CR 2.
GENERAL
The application material indicates different quantities of residences. At Change of Zone, the final number
of residences shall be determined.
The applicant has not indicated the total number of phases for the project or the timelines for the phases.
Public Works recommends that this PUD go to the Board of County Commissioners at both Change of
Zone and Final stages.
ACCESS
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. According to the Traffic Impact Study, Figure 2, the applicant is currently proposing
four access locations. The access onto County Road 2 must line up with Havana Street. The southernmost
RIRO Phase 1 Access onto County Road 21 does not meet spacing requirements and will not be allowed.
The full movement access that is approximately 475 feet north of the County Road 2 intersection does not
meet spacing requirements with the properties across the street. The northernmost full movement access
will not meet spacing requirements Please contact Public Works Access Division to discuss your access
prior to laying out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weld_gov.comldepartments/,public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface
be less than 35 feet.
INTERNAL ROADS
This project is within the boundaries of a known Regional Urbanization Area (RUA). The applicant shall
follow the requirements as defined in Chapter 26 of the Weld County Code. Per Chapter 27, Article 2,
Section 27-2-20, all PUD developments will be served by an internally paved road system according to
County standards.
The submitted information indicates that a two lane urban collector road will be built on the northern portion
of phase 1. This road will continue onto future phases. A temporary cul-de-sac will be required at the end
of this road.
At Change of Zone, a roadway design will be required, including: cross sections, pavement study
information, type of surface, parking/loading areas (if applicable), access to public rights of way, curb gutter,
and sidewalk (if applicable), layout of roadway including classifications, vehicular speeds, traffic signage,
plan and profile (horizontal and vertical curvature).
ROADS AND RIGHTS -OF -WAY
These comments are subject to change upon receiving comments from Adams County.
County Road 21 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County. Based upon a field inspection, the speed limit in this location is 45 mph.
County Road 2 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III , Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County. Based upon a field inspection, the speed limit in this location is 45 mph. CR2
is maintained by Adams County in this area.
P er Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldaov.co mldepa rtmentslpu blicwo rks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The applicant submitted a Traffic Impact Study for this phase of the development.
N o ADT is available on CR 2 in this location.
Latest ADT on CR 21 counted 149 vpd with 27% trucks.
The traffic information submitted with the application materials indicated that there will be approximately
5405 daily roundtrips. Please see the Improvements Agreement Section of this referral for information
about required improvements.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
P ublic Works will require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• On -Site PUD Improvements
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. This agreement will include on -site improvements associated with the
development. Collateral is required to ensure the improvements are completed and maintained.
Improvements/Road Maintenance Agreement: An example agreement is available online. It will detail when
off -site improvements are required. Possible mitigations included in the road maintenance agreement may
include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement
triggers.
In the submitted traffic study, there are no numbers shown for the northern most site access on CR 21. The
report will need to be updated to include these numbers. Additional improvements may be required for this
access.
Based upon the sketch plan traffic impact study, offsite improvements that will be required include but are
not limited to:
1. County Road 2 will be required to be built out to arterial cross section for the length of this
development.
2. It is required that County Road 21 be built out to the full 4 Lane Urban Arterial cross
section, as indicated in the Dry Creek RUA. This is required from the intersection of County
Road 2 for the length of the development, plus appropriate tapers.
3. EB LT deceleration lane on CR 2 at CR 21 - the total length of the lane is to be a minimum
of 697 feet long (100 feet of storage, 435 feet for deceleration and 162 feet for taper)
4. EB LT acceleration lane on CR 2 at CR 21 - the total length of the lane is to be a minimum
of 712 feet (162 feet for taper and 550 feet for acceleration)
5. WB RT deceleration lane on CR 2 atCR 21 -the total length of the lane is to be a minimum
of 737 feet long (25 feet of storage, 550 feet for acceleration and 162 feet for taper) *This
turn lane will overlap the RIRO CR 2 turn lane. The greatest length will control.*
6. WB RT acceleration lane on CR 2 at CR 21 - the total length of the lane is to be a minimum
of 712 feet (162 feet for taper and 550 feet for acceleration)
7. WB RT deceleration lane on CR 2 at RIRO Access the total length of the lane is to be a
minimum of 697 feet long. (100 feet of storage, 435 feet for deceleration and 162 feet for
taper)
8. NB RI deceleration lane on CR 21 at southern full movement access - the total length of
the lane is to be a minimum of 697 feet long (100 feet of storage, 435 feet for deceleration,
and 162 feet for taper)
9. SB LT deceleration lane on CR 21 at southern full movement access - the total length of
the lane is to be a minimum of 622 feet (25 feet of storage, 435 feet for deceleration, and
162 feet of taper)
If further traffic studies modify the submitted numbers, these requirements may change.
The submitted traffic study indicates that without a signal, the 2040 LOS at the CR 21/168' Ave intersection
will be LOS "F". The engineer did not complete a signal warrant analysis. This shall be addressed at Change
of Zone.
The growth rate indicated in the study is a 4% growth rate. Please indicate how this growth rate was
determined.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area:
Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on
the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm
falling on the undeveloped site for URBANIZING areas.
The applicant has submitted a drainage report indicating that Stormwater for the site will be detained and
released at the 5 year one hour storm rate. This report will need to be further developed at the Change of
Zone. Detention Pond 4 appears to be located on a separate lot from this development. If that is the case,
an easement will be required for the construction, maintenance, and use of the pond.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692-
3575.
CONSTRUCTION SCHEDULE
With the Final Plan application, a construction schedule will be required with submittal. This shall show the
approximate dates when construction of the development is proposed to start and finish. This shall describe
the stages in which the development will be constructed, and the number of buildings or structures and the
amount of common open space to be completed at each stage.
UTILITY MAP
At. Final Plan, the utility map shall show: gas lines, water, electricity (above or below ground), telecom (if
applicable), sewer (if applicable), utility and drainage easements with labels, culverts, detention areas and
structures, and plans, profiles, and typical cross section drawings of streets. The Utility Map shall be
recorded with the Final Plan plat.
Todd Creek Village North: Change of Zone Development Standards
TODD CREEK VILLAGE NORTH — DEVELOPMENT STANDARDS
PUDK18-0001
INTENT
The property consists of approximately 80 acres located northeast of the intersection of Weld
County Roads 2 and 21. The property is bounded on the south by WCR 2; on the east by
undeveloped Agricultural lands; on the west by WCR 21. The community is proposed for a total
gross density of 4.0 dwelling/units per acre with an overall potential unit count of 300.
The community includes a variety of neighborhoods consistent with that of the Dry Creek RUA
including Suburban and Mixed Use Neighborhoods. The site also includes a 1 -acre Local Park and
several open spaces and buffer areas all conveniently located to promote the concept of inter-
connected, walkable neighborhoods.
SECTION 1 :: RESIDENTIAL ZONE DISTRICTS
Suburban Neighborhoods
1.1 Intent
Residential is the largest land use within Dry Creek East. The intent of these standards is to
establish the bulk standards for a variety of residential home types ranging from large lot residential
to smaller cottages.
The Suburban Neighborhoods will be cohesive, identifiable, and diverse, while still integrated into
the regional context of the surrounding area. Each neighborhood will have an inter -connected
network of local streets that provide access to local destinations. Consistent with Section 26-4-50
of the Weld County Code, residential uses occurring in the Suburban Neighborhood are generally
similar to the uses set in Weld County Code Section 23-3-140 (E, Estate Zone District), 23-3-11-
(R-1, Low -Density Residential Zone District) and Section 23-3-120 (R-2, Duplex Residential Zone).
1.2 Uses Allowed By Right
a. One (1) single family dwelling per legal lot inclusive of appurtenances such as decks
and patios
b. Parks, Open Space and recreation areas,
c. Civic facilities, including police stations and fire stations,
d. Schools, public or private
e. Day care center
f. Places of worship
g. Public safety telecommunication facilities
h. Utility Service facilities, electric substation, local utilities
i. Public / semi-public water wells
j. Public and semi-public water storage facilities
k. Entry Monumentation including signage and landscaping pursuant to the standards set
forth below
I. Community agriculture uses and agricultural amenity features
m. Any other use determined by the Director of Planning to be similar in intensity and
density.
1.3 Accessory Uses
Todd Creek Village North: Change of Zone Development Standards
a. Accessory Dwelling Units (Suburban Neighborhoods only) - secondary dwelling units
not to exceed 750 square feet in floor area that may be located within, attached to or
detached from the principal single-family dwelling unit on the same lot. The minimum
lot size on which an Accessory Dwelling Unit may be located is 6,000 square feet in
area. Such accessory dwelling units shall have separate cooking and sanitary facilities,
an independent means of access, one dedicated off-street parking space and be
carefully designed with regard to the location, number, size and sill height of windows
in order to minimize views toward neighboring homes.
b. Garages, carports and parking areas
c. Accessory outside storage, appropriately screened
d. Swimming pools, tennis courts and similar recreational facilities.
e. Home occupations
f. Other structures or uses clearly Incidental and accessory to a Use allowed by right in
the District.
1.4 Use by Special Review
a. Oil and gas well sites or production facilities
1.5 Temporary Uses
a. Temporary office incidental and necessary for the sale/ leasing /marketing of new
construction.
b. Construction yards, including temporary batch plants and contractor office(s).
c. Agricultural uses, including crop production until development of the Neighborhood
begins.
1.6 Bulk Requirements
Table 1.2: Bulk Requirements for Residential Neighborhoods
Estate
Neighborhoods
Suburban
Neighborhoods
Density
1-4 du/act
2-5.5 du/act
Minimum Lot Size
6,000 sf
4,500 sf
Minimum Land Area Per Unit
6,000 sf
4,500 sf
Minimum Setback
Front2,3
15'
(20' min. for garage)
10'
(20' min. for garage)
Rear3'4
20'
20' (except
Alley/Rear
5' from
Lane)
Side3
5' (10' between
structures)
5'
structures)
( 10'
between
Maximum Building Height
40'
40'
Maximum Lot Coverages
40%6
60%6
Building Separation
10' min
10' min
Notes:
1. Per Dry Creek RUA, Appendix 26-C, Table #7 Projected Residential Population and Uses in Dry Creek RUA
2. Open or covered porches, stoops or steps may project a maximum of 6'-0" into a required front yard setback.
3. Cornices, eaves, gutters, bay windows, cantilevers, chimneys and similar architectural elements may project a maximum
of 2'-0" from any exterior building wall into any required yard setback. Window wells, buttresses and similar sub -grade
elements may project a maximum of 3'-0" from any exterior building wall into any required yard setback.
4. Detached garages not exceeding 500 square feet nor containing an Accessory Dwelling Unit, and sheds or other
accessory structures not exceeding 120 square feet, shall have a minimum rear setback of 5'.
5. The area of a lot covered by walkways, driveways and uncovered porches, patios and decks shall not count toward lot
coverage.
6. Per Dry Creek RUA, Table 26-3 Maximum Lot Coverage in the Dry Creek RUA
1.7 Density Transfer
Units may shift from one planning area to another planning area as long as the total unit count does
Todd Creek Village North: Change of Zone Development Standards
not exceed 300. Additionally, densities are shown as averages and may be exceeded in any given
planning area as long as the total unit count does not exceed 300. Refer to Section 4 regarding
amendments to the PUD.
1.8 Lot Coverage
Maximum lot coverage shall be 40 and 60 percent as noted in Table 1.2. The area of a lot covered
by walkways, driveways and uncovered porches, patios and decks shall not count toward lot
coverage. The maximum square footage of development within the Dry Creek East Estate and
Suburban Neighborhoods shall not exceed the limits established in Table 26-3 in the Dry Creek
RUA.
1.9 Landscaping
As part of the Final Plan review and approval a landscape plan for the applicable Dry Creek East
Mixed Use Planning Areas shall be submitted demonstrating compliance with the landscape
sections of the Dry Creek RUA, including screening, buffering and landscaped medians and
roadsides.
SECTION 2 :: MIXED USE ZONE DISTRICT
(Mixed Use Neighborhoods)
2.1 Intent
The intent of the Dry Creek East Mixed Use Neighborhoods is to provide adequate land and
flexibility for limited retail` commercial and office to serve the residents of Dry Creek East. Located
on the southern portion of the property at the intersection of Weld County Road 21 and County
Road 2. Entry features, landscaping, trails, parking orientation and building materials will be
emphasized to provide an innovative and comprehensive development.
The Mixed Use Neighborhoods will consist of Higher Density Nodes, which provide safe, proximate
and higher density activity areas near arterials that offer convenience goods and services to the
residents of surrounding neighborhoods. Consistent with Section 26-4-50 of the Weld County, Code,
allowable land uses include commercial uses generally similar to the uses described in Weld
County Code Section 23-3-210 (C-1, Neighborhood Commercial Zone District) including both the
Uses Allowed by Right and uses by Special Review. Residential Uses will be similar to those
described in Section 23-3-130 (R-3, Medium -Density Residential) and Section 23-3-140 (R-4, High -
Density Residential), including both Uses Allowed by Right and Uses by Special Review.
2.2 Uses Allowed by Right
a. One (1) single family dwelling per legal lot inclusive of appurtenances such as decks
and patios
b. Live/Work Units (Mixed Use Neighborhoods only) - lots which shall contain a single-
family dwelling unit which may have an optional workspace not to exceed 750 square
feet in floor area that may be located within the principal single-family dwelling unit on
the same lot. Such workspace shall be operated by a resident of the principal single-
family dwelling on the same lot and there shall be a maximum of one non-resident
employee permitted. Lots designated as Live/Work Units may be utilized solely as a
single-family dwelling unit and any workspace is an optional use permitted on such lot
which may be activated or removed at any time at the discretion of the single-family
resident. Such Live/Work Units may have separate sanitary facilities and an
independent means of access and shall have one dedicated off-street parking space
and be carefully designed with regard to the location, number, size and sill height of
windows in order to minimize views toward neighboring homes.
3
Todd Creek Village North: Change of Zone Development Standards
c. Stores and shops which furnish personal services and merchandise primarily intended
for personal, family, or household purposes by the residents of the area in which the
use is located
d. Restaurants
e. Schools and Public School extension classes
f. Public Recreational Facilities, Community Buildings, Museums, and Libraries
g. Police and Fire Station Facilities
h. Offices
i. Utility Service Facility
j. Child Care Center
k. Places of Worship
I. Clubhouse and Recreational Facilities
m. Attached Dwelling Units
n. Group Home Facility
o. Foster Care Homes
2.3 Accessory Uses
a. Sidewalk and patio caf�
b. Sidewalk retail display
c. Seasonal outdoor display.
d. Telecommunication antenna, dish or current technology as an attachment or
accessory to structures.
e. All other uses accessory to a permitted use.
2.4 Temporary Uses
a. Construction yards including temporary batch plants and contractor office(s)
b. Agricultural uses, including crop production until development of the Planning Area
begins.
c. Sales/leasing and/or marketing trailers.
2.5 Uses by Special Review
a. Commercial communication towers.
b. Oil and gas well sites and production wells.
c. Any other use determined by the Director of Planning to be similar to an expressly
conditional use.
2.6 Setbacks and Bulk Standards
Table 2.2: Bulk Requirements for Mixed Use Neighborhoods
Mixed Use Neighborhoods
Density
5 to 20 du/ac1
Minimum Lot Size
1,600 sf2
Minimum Land Area Per Unit
1,600 sf2
Minimum Setback
Front3'4
10'
Rear4,5
20' (except
0' from Alley/Rear Lane)
Sides
5' (10' between
structures)
Maximum Building Height
40'
Maximum Lot coverage's
85%7
Building Separation
10' min.
Notes:
1. Per Dry Creek RUA, Appendix 26-C, Table #7 Projected Residential Population and Uses in Dry Creek RUA
Todd Creek Village North: Change of Zone Development Standards
2. For attached dwelling units, minimum lot size and minimum lot area per unit shall be 1,600 square feet and minimum side
setback shall be 0' (0' between attached structures) except on corner lots where minimum front setbacks apply.
3. Open or covered porches, stoops or steps may project a maximum of 6'-0" into a required front yard setback.
4. Cornices, eaves, gutters, bay windows, cantilevers, chimneys and similar architectural elements may project a maximum
of 2'-0" from any exterior building wall into any required yard setback. Window wells, buttresses and similar sub -grade
elements may project a maximum of 3'-0" from any exterior building wall into any required yard setback.
5. Detached garages not exceeding 500 square feet nor containing an Accessory Dwelling Unit, and sheds or other
accessory structures not exceeding 120 square feet, shall have a minimum rear setback of 5'.
6. The area of a lot covered by walkways, driveways and uncovered porches, patios and decks shall not count toward lot
coverage.
7. Per Dry Creek RUA, Table 26-3 Maximum Lot Coverage in the Dry Creek RUA
2.7 Density Transfer
U nits may shift from one planning area to another planning area as long as the total unit count does
not exceed 300. Additionally, densities are shown as averages and may be exceeded in any given
planning area as long as the total unit count does not exceed 300. Refer to Section 4 regarding
amendments to the PUD.
2.8 Lot Coverage
Maximum lot coverage shall be 85 percent. Surface parking lots are not included in lot coverage
calculations. The maximum square footage of development within the Dry Creek East Mixed Use
Neighborhoods shall not exceed the limits established in Table 26-3 in the Dry Creek RUA.
2.9 Landscaping
As part of the Final Plan review and approval a landscape plan for the applicable Dry Creek East
Mixed Use Planning Areas shall be submitted demonstrating compliance with the landscape
sections of the Dry Creek RUA, including screening, buffering and landscaped medians and
roadsides.
2.10 Signage
Signage within the Dry Creek East Mixed Use Planning Areas shall be part of the Final Plan
process.
2.11 Off -Street Parking and Loading
As part of the Final Plan review the Developer shall demonstrate adequate off-street parking and
loading areas for the Dry Creek East Mixed Use Neighborhoods. Minimum review standards for
off-street parking and loading shall be consistent with Article IV, Division 1 Weld County Code
Section 23-4-40 except for the following modifications:
N umber of off-street parking spaces required:
• Office: 1 space/ 300 sq ft gross floor area
• Restaurant: 1 space /4 indoor seats
• Retail Sales and Services: 1 space 1250 sq ft gross floor area
• Accessory Dwelling Unit: 1 additional space/ accessory unit
• Live -Work: 1 additional space/ work unit
On street parking along local commercial streets within the Dry Creek East Mixed Use
Neighborhoods shall count toward required off street parking requirements for uses within 500 feet.
All customer, client and visitor parking for any workspace in a Live/Work Unit shall be
accommodated through on -street parallel parking.
S ECTION 3 :: PUBLIC FACILITIES
Todd Creek Village North: Change of Zone Development Standards
3.1 Intent
The Public Facilities Zone District is intended to provide functional open space locations while
balancing the needs of wildlife and existing agriculture and rural uses and incorporating the
protection and maintenance of natural resources. These provided open space locations within Dry
Creek East are intended for public parks and open space, trails, playgrounds, ball fields, recreation
centers and other play areas and facilities, and public infrastructure facilities to meet the need of
the residents of Dry Creek East.
3.2 Uses Allowed by Right
a. Neighborhood Parks subject to these development standards
b. Local Parks subject to these development standards
c. Open Space
d. Public/Private Schools
e. Community/Neighborhood Recreations Centers
f. Fire/Police/Emergency Facilities
g. Public Infrastructure Facilities, including but not limited to wastewater treatment plants,
water storage facilities, water treatment facilities and water well sites.
h. Any other uses similar in nature to the uses by right set forth herein as determined by
the Director of Planning.
3.3 Accessory Uses
Parks and Open Space
a. Tennis courts
b. Skating rinks
c. Skateboard parks
d. Picnic Pavilions
e. Concrete and soft -surface trails
f. Public and semi-public water storage facilities
g. Public and semi-public water wells
h. Pump Stations
i. Bus Shelters
j. Mail Kiosks
k. Any other use similar in nature to the accessory uses by right set forth herein as
determined by the Director of Planning
Schools
a. Parking lots
b. Athletic fields and stands
c. Concession stands
d. Administrative offices
e. Bus Barns
f. Any other use similar in nature to the uses by right set forth herein as determined by
the Director of Planning
3.4 Uses by Special Review
a. Commercial communication towers
b. Oil and gas well sites and production wells
c. Any other use determined by the Director of Planning to be similar to an expressly
conditional use
3.5 Park and Open Space Development Standards
Todd Creek Village North: Change of Zone Development Standards
A. Neighborhood Parks
Neighborhood Parks shall be a minimum of 0.25 acres and will be provided by the
developer of a subdivision and maintained by the development. They provide opportunities
for passive outdoor recreation at a sub -neighborhood scale. They are ideally located within
17 mile of the residences they are intended to serve. The following is a list of potential
program elements for Neighborhood Parks in Dry Creek East. Neighborhood Park plans
are subject to Final Plan approval. Additional items may be provided at the discretion of
the developer.
• Informal multi -use turf area
• Shade structure
• Playground (as needed)
• Community gardens
• Gathering area
• Park monument sign
• Seating area (as needed
• Landscaping
B. Local Parks
)
Local Parks shall be a minimum of 0.75 acres and will provide places for informal recreation
and gathering places within walking distance of most residences (1/2 mile). The following
is a list of potential program elements for Local Parks in Dry Creek East. Local Park plans
are subject to Final Plan approval. Additional items may be provided at the discretion of
the developer.
• Community activity center
• Gathering areas
• Shelter/structure
• Trails (both soft surface and concrete)
• Playground (as needed)
• Informal multi -use field
• Community Gardens
• Park signage (interpretive and identification)
• Seating areas (as needed)
• Landscaping
C. Buffers
Areas identified as an 'RUA Buffer Condition' on Appendix 26-S of the Dry Creek RUA
ordinance shall have a minimum width of 40' to create an appropriate transition from more
intensive development to existing rural/agricultural areas.
Refer to street sections on Sheet 11 of the Change of Zone Plans.
D. Major Trails
The County and the development team have worked closely to develop an interconnected
network of neighborhood and local trails within the community. The plan also integrates
the RUA Regional Trails so that there may be future connections to other potential regional
trails. A pedestrian friendly, off-street trail system has been created that provides a positive
experience with areas of interest along the route and provide reasonable accommodation
and access for people of all ages and abilities.
E. Entryway Signage and Landscape Theming Standards
Todd Creek Village North: Change of Zone Development Standards
The following standards shall be applicable in the primary entry monumentation locations:
1. Primary Entry: Sign height shall not exceed 8' in height. Sign may be illuminated.
2. Rural Entry: Sign height shall not exceed 8' in height. Sign may be illuminated.
3. Secondary Monumentation/Columns: Secondary monumentation may be used to
identify neighborhoods while maintaining the overall theme of the community.
Sign height shall not exceed 6'6" in height.
F. General Landscaping Standards
Dry Creek East shall adhere to the landscape standards set forth in the Dry Creek RUA.
O. Streetscape Standards
Streetscape landscape for the Dry Creek East development shall be as follows. Any
landscaping material located from back of curb to the rear or the adjacent lot line shall be
considered streetscape. Landscape quantities shall be measured using a Tree Equivalent
(T.E.) system. One (T.E) is equal to one deciduous, ornamental or evergreen tree. One
(T.E.) can also equal ten (10) 5 -gallon shrubs or ten (10) 1 -gallon ornamental grasses or
perennials. Arterial and collector roads shall have at minimum one T.E per forty (40) linear
feet. If a median is located along the road, the landscape within the median shall be allowed
to count towards the streetscape requirements. Lots on local roads shall have one (1) tree
per front yard and one (1) tree per forty (40) linear feet on all side lots that are adjacent to
a street or adjacent to a tract.
SECTION 4 :: AMENDMENT OF THE DRY CREEK EAST PUD
Amendments to the approved Dry Creek East Change of Zone can occur either as a Minor PUD
Amendment which shall be an administrative matter or a Major PUD Amendment that requires
Planning Commission and Board of County Commissioner review and action.
4.1 Minor Amendments
A. Minor Amendment Defined
The Dry Creek East Change of Zone permits modifications to the approved PUD
Change of Zone Plat and supporting materials administratively upon a finding that the
following factors apply:
1. Modification of Planning Area boundaries to account for topography, roadway
geometry and other minor dimensional variations provided that the acreage
contained within each Planning Area is consistent within 10% of the approved
acreages for the specific Planning Area shown of the approved Change of Zone
Plat.
2. Modification of Roadway Locations to account for final design and topography
determined at the time of final plan. To the extent roadways shown on the Change
of Zone Plat are inconsistent with final design.
3. Modifications Required by County or Outside Referral Agencies as a result of more
refined land use planning and infrastructure needs resulting in a different
configuration of Planning Areas.
4. Modification in the event that any oil or gas well site is purchased in the future.
The right to develop the purchased well site is reserved within the confines of the
Change of Zone plat and standards for abandoned well setbacks.
5. Density Transfer among Planning Areas shall be permitted as a minor amendment
provided that units may shift from one planning area to another as long as the total
Todd Creek Village North: Change of Zone Development Standards
unit count does not exceed 1575. Additionally, densities are shown as averages
and may be exceeded in any given planning area as long as the total unit count
does not exceed 1575.
6. Within Mixed Use Neighborhoods, detached dwelling units including Live/Work
Units may be converted to attached dwelling units provided the total unit count
does not exceed 1575.
B. Procedure for Administrative Amendments
1. All applications for a Minor PUD Amendment shall provide the following, unless
specifically waived by the Director of Planning:
a. A vicinity map with location of proposal identified.
b. An amendment history including case numbers of previous amendments to
the Dry Creek PUD Change of Zone and detailed information regarding the
change(s) proposed. The information shall include a detailed description of the
original and proposed element.
c. A detailed graphic representation if the change can be graphically illustrated.
d. A note on the graphic stating "All other original terms, conditions and notes of
the Dry Creek East Change of Zone approved on will remain in full force
and effect as previously executed by owners and Weld County.
2. Upon receipt of a complete application for a Minor PUD Amendment, the Director
of Planning shall refer the request to other County Departments for a 14 day review
and comment period. At the same time the Director may elect to refer the Minor
Amendment request to adjacent property owners and registered homeowners
associations for review and comment. Upon the expiration of the 14 day period,
the Director shall deliver all comments back to the Applicant and the Applicant shall
make any necessary changes to the request and resubmit for final Planning
Department review. Upon resubmittal the Director of Planning shall have ten days
to determine whether the Applicant has made the necessary changes to address
the objective comments of the referral agencies. If in the determination of the
Planning Director, the Applicant has addressed the comments, the Director shall
request mylars for execution and recording. If the Director determines that the
Applicant has failed to address objective comments, the Director shall either
approve the request as submitted or deny the request stating the reasons for the
denial. In the event of a denial the Applicant has 30 days in which to appeal the
Director's denial to the Board of County Commissioners for a de-novo
determination of the application request.
4.2 Major Amendments
Any other amendment other than those specifically set forth above shall be considered
major and shall follow the applicable procedures of the County Code for Change of Zone
applications.
r
INTERGOVERNMENTAL AGREEMENT 1 -
BY AND BETWEEN THE CITY OF FORT L UP 1AND
TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1
UAM-2006-J 18
The Parties to this Intergovernmental Agreement ("IGA") are the CITY OF FORT
LIPTON, a municipal corporation and political subdivision of the State of Colorado, including
its Utility Enterprise (together with its successors and assigns, "Fort Lupton or City"}), and
TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1, a quasi -municipal corporation
and political subdivision of the State of Cglorado (together with its successors and assigns, the
"District"). Individually, Fort Lupton and the District are referred to herein as a "Party" and
collectively the "Parties."
1 Ec i AL PURPOSE
A. WHEREAS, Colorado Revised Statute § 29-1-203 and 29-20-105 authorize and
enable governments of the State of Colorado (the "State") to enter into cooperative agreements
or contracts, regarding public infrastructure matters, including funding the design, and
construction of public infrastructure such as sanitary sewer collection systems, conveyance and
treatment facilities that may be necessary or desirable to support development, together with
mutually binding and enforceable comprehensive development plans regarding planning, zoning,
subdivision, building, and related regulations within areas under their mutual jurisdiction;
B. TCVN, LW, a Colorado limited liability company ("TCYI'") together with
others own and/or are the contract purchasers of certain real property situated in the
unincorporated territory of Weld County, Colorado (the "County"), and generally located within
an approximately 5,000 acre area bounded on the South by Weld County Road 2, on the North
by Weld County Road 6, on the East by the Platte River, and on the West by Weld County Road
15 (Holly Avenue) as depicted in Exhibit A. (the "Growth Area");
C. TCVN and the other landowners in the Growth Area will require certain land use
and development approvals, and will require certain infrastructure and services including potable
water, irrigation water, sanitary seer, streets and other municipal services to develop the
Growth Area;
D. TCVN anticipates that the Growth Area will be conceptually planned as a mixed -
use coutrnunity consisting of approximately 14,000 residential dwelling units and approximately
1,000,000 square feet of retail and commercial development ("Todd Creek Village North");
E. Fort Lupton is located in the County, and has both unused sewer treatment
capacity and the legal and technical ability to seek expansion to its existing treatment facilities to
provide additional treatment capacity that could be used to provide extraterritorial sewer
treatment services to the Growth Area;
F. The District does not havethe.facilities topppvid,e sewer treOwnentees within
the Growth Area, but supports regional sewer treatment services : _ .. h Area bug
provided by Fort Lupton;
1
1
G. The Parties have determined that it is in their rnutual interest to cooperate in the
funding, design and construction of amain- backbondi tary_s er collection and _conveyance :facilitiess (the` i et air) to connect to Fort Lupton's existing treatment facilities. The District
Main is conceptually depicted and described in Exhibit B. The:Parties also have agreed to
provide for the funding of ettrent operations and future : expansions ("Treatment Expansion.')
and operations of Fort Lupton's Existing Treatment Facilities in order to support development
within Fort Lupton and the Growth Area consistent with the Parties' assumptions for growth
within those areas;
H. The District Main will consist of a properly engineered and sized main sewer line,
together• with any necessary lift station(s) and associated force main(s), as necessary to service
the sewer collection system to be developed within the Growth Area;
L The District will incur substantial debt and will undertake substantial obligations
with respect to finding the design and construction of the District Main and the Treatment
Expansion to serve the Growth Area;
J. The District's ability to fund and to perform its obligations hereunder is
substantially dependant on achieving and sustaining certain soirees of revenue for the District
from within the Growth Area through, among other means, development of property within the
Growth Area consistent with the conceptual development plan for Todd Creek Village North;
and
K. In exchange for the public benefits associated with the orderly and well -planned
development of the Growth Area, the Parties desire to enter into this IGA to establish a basis for
financing the design and construction of the District Main, the Treatment Expansion and related
public infrastructure; and to allow for the creation of additional Article 1, Title 32 metropolitan
districts <each a "Related Districts: within.. the ro wth. Area ..to..participate . through
intergovernmental agreements with the District in the financing and construction of public
improvements necessary to support development. within the Growth Area, such that fees
generated from such growth will be sufficient to finance the District Main and the District's
share of the Treatment Expansion as contemplated by this IGA.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth
in this IGA and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
L TERM, DEFINITIONS & INTERPRETATION
A. Term
This IGA will expire on the fortieth (401.) anniversary of -aiti:i 4. eetia date, unless
extended by the Parties as evidenced by a written agreement executed by all Parties.
Notwithstanding anything to the contrary contained in this IGA, Fort Lupton's and the District's
obligation to maintain sewer collection and treatment facilities to the Growth Area is perpetual.
2
Futthe-_. mare, none of t iei&th bli . et. fo , in this T bitiffitstfrei
until tte s#Uiet enters. to n iintecgov _ megt t _.. _.. t apt the of -
°the- -owners,
prop : . -ve ed development ri is from -.: the:County; : which:" de. — jel".‘e tStAijtkrtji*jrlt,:4i.gW,
y whin t ier�ov�rth Arena secure -t
Earth' _h4eitit t`
s xt0 t Finally, RiittlifitOnititiees..tritittbestacutiOtt of the.J to quest; m-odifi cation- of
their existing 208 Plan with the State to include, Todd : re gage : forth �a their sen'ice area
Modification of the 208 Plan is a. requirement of t the County to facilitate the approval of land use
and development plans for Todd Creek Village North.
B. Definitions
L District Bonds means tax exempt bonds marketed by the District to finance the
design and construction of the District Main and the District's share of the
Treatment Expansion.
2. District Main means a properly engineered and sized gravity interceptor main
sewer line, together with any necessary lift station(s) and associated force
main(s), as necessary to service the sewer collection system to be developed
within the Growth Area as conceptually depicted and described in Exhibit B.
3. District •Sewer Fe: means fees collected by the District comprised of two
components: tap fees and sewer treatment fees. The tap fees will contais three
component parts as follows:
a. Sewer Treatment Development. -F ! A fee paid to Fort Lupton to connect
District customers to the Existing Treatment Plant and to fund into the
Expansion Fund the District's share of the Treatment Expansion,
b. Sewer figllection Development Fees A fee paid to the District to fund the
istrict's infrasfructure, and
c. Debt Service Fee: A fee paid to the District to fund debt service payments
on the District Bonds, as defined in 1. above.
The sewer treatment fees are fees paid by the customers of the District for providing sewer
treatment for the growth area, E dstlng-Treatment -Plant means the Fort Lupton sewer treatment
facility as it exists on the effective date of this JOA.
4. Fortlati ton Sewer s means fees collected by Fort Lupton comprised of two
components: tap fees and sewer usage fees. The tap fees will contain two
component parts as follows: (1) Sewer Collection Plant Investment Fee a A fee
paid to Fort Lupton to fund Fort Lupton's infrastructure, including its share of the
Treatment Expansion, and (2) Debt Service Fee bb A fee paid to Fort Lupton to
fund debt service payments on Fort Lupton Bonds.
5. Growth Area means an approximately 5,000 acre area generally located and
bounded on the South by Weld County Road 2, on the North by Weld County
3
Road 6, on the East by the Platte River, and on the west by Weld County Road 15
(Holly Avenue) as depicted in Exhibit A: which shall not be changed without the
consent of the City.
6. phasing. Plan means the timeline for implementing the Treatment Expansion as
set forth in Exhibit C, to be updated on a semi-annual basis to incorporate
additional tasks, revise timelines and add ' additional details as they become
available, subject to the approval of both Parties,
7. Related Districts --=means additional Article 1, Title 32. CURS. metropolitan
districts within the Growth Area, which, together with the District through
intergovernmental agreements, will f nance and construct the public
improvements necessary to support development within the Growth Area.
8. Sewer Usage Fees means the monthly fee paid by users for the treatment,
disinfection and proper discharge of wastewater flows from the Fort Lupton's
Existing Treatment Facilities and Treatment Expansion. Extra -territorial rates
will be based on a combination of volume and solids loading and subject to
annual review and change by the City of Fort Lupton. Absent extenuating
circumstances, fees may not exceed 200% of the rates charged City residents for
similar services~ (See Exhibit E for rate calculation details.)
9. Todd Crteek llagg North means a mixed -use community in the Growth Area
consisting of approximately 14,000 residential dwelling units and approximately
1,000,000 square feet of retail and commercial developments
10. Treatment Expansion means any future expansion(s) of Fort Lupton's Existing
Treatment Facilities and their operations to support development within
Fort Lupton and the District Growth Area consistent with the development
assumptions for Todd Creek Village North and Fort Lupton's urban growth
projections. Expansions may be joint ventures of the City and the District or
separate events by either the City or the District as necessary to support growth in
the respective areas.
U. Treatment Plant means the Fort Lupton sewage treatment plant as it may be
expanded in the future by the Treatment Expansion or otherwise.
C Interpretation.
1. Successors,. Whenever herein Fort Lupton or the District is named or referred to,
such provision is deemed to include the successors of Fort Lupton or the District,
respectively, whether expressed or not. All of the covenants, stipulations,
obligations, agreements and other provisions, by or on behalf of or for the benefit
of Fort Lupton or the District bind and inure to the benefit of each Party's
successors and bind and inure to the benefit of any officer, board, district,
commission, authority, agent, or histrumentality to whom or to which they are
transferred by or in accordance with any law, right, power, or duty of Fort Lupton
or the District, respectively.
4
2. Parties Interested Iles Nothing herein expressed or implied is intended or
shall be construed to confer upon or to give any person or corporation, other than
Fort Lupton or the District, any right, remedy, or claim under or by reason hereof
or any covenant, condition, or stipulation hereof All the covenants, stipulations,
promises, and agreements herein contained by and on behalf of Fort Lupton and
the District are for the sole and exclusive benefit of Fort Lupton, the District, and
any such trustee, and any bolder of any such note, bonds, other securities, and the
coupons thereunto appertaining, ing, if any.
H. DESIGN TD FINANCING
A. The District Main.
1. pea . The- nistiat*1 with all practicable =speed, prepare and complete
construction plans .for the District ,Maim:Before undertaking construction of any
substantial part of the District Main, the District- will- submit the :.construction
plans and -specifications first to Fort Lupton -for review and approval, at District
expense, and then to any other entities with competent jurisdiction for approval
concerning the sufficiency of design and compliance with applicable standards.
The District will obtain any required permits or other approvals for such
construction. Fort Lupton will fully cooperate with the District in processing the
construction. plans and obtaining the approvals and permits required for
construction. Once the construction plans are approved, the District will, with all
practicable speed, complete the District Main and put the same into operation.
2 Financing. The District will market. the '_' `ct Bonds and utilize a piirtioilte
the proceeds thereof to initially finance the design and construction -of the District
Main, including the acquisition of any required right-of-way by eminent domain
or otherwise. The District will impose and collect the District Sewer Fees from
all development within the Growth Area that utilizes the District Main, the rates
of which will be established by the District in its sole discretion, but which will at
a minimum be sufficient in the aggregate to enable the District to satisfy its
obligations under this 1A. Additionally, Fort Lupton will impose and collect
Fort Lupton Sewer Fees from all development within its municipal boundaries or
receiving extra -territorial service from Fort Lupton, which benefit from the
District Main, e e rates of which- will be established by Fort Lupton in its sole
discretion, but which will at a minimum be sufficient in the aggregate to enable
Fort Lupton to satisfy its obligations under the IGA. In addition, the District will
provide, at its expense, a payment bond sufficient to insure that any obligation of
Fort Lupton to repay expansion loans can be met by bond coverage, in addition to
the fees generated by connection and usage.
_ flpseratign.- The District will operate and maintain -the i ckr ain, .r dying
and transporting to the Treatment Plant all sewage that may be generated in the
Growth Area. The District- Main will remain the. sole mid s aratd-prepert of the
'Di - .th the obligation to operate and -rnainta n the entire _length Antcl
component parts thereof. The District assumes all liability for any claims of third
parties related thereto, and will indemnify and hold Fort Lupton harmless
therefrom. Nothing herein waives, or affects the legal status or protection of
governmental immunity for either the District or Fort Lupton.
B. The Treatment Expansion.
1. Design, Fort Lupton will, in coordination with the District, prepare complete
plans for the Treatment Expansion in compliance with the Phasing Plan. Before
undertaking construction of any substantial part of the Treatment Expansion,
Fort Lupton will submit the construction plans and specifications first to the
District for review, and then to the State Board of Health of Colorado for approval
concerning the design and compliance with the standards for sewage treatment
plants, and will attempt to obtain a pmt or other approval from the State Board
of Health to proceed with construction. If the construction plans are approved,
Fort Lupton will, with all practical speed, complete the Treatment Expansion in
compliance with the Phasing Plan and put the same into operation.
The District.f r her agrees that if the City is required by State statute to start the
planning process for a Treatment Expansion and subsequent construction, that the
District will fully participate -in the design and construction even though the
timing may be premature to the District's wastewater treatment needs.
2. Financing. The District will pledge and deposit a portion of the District Sewer
Fees into the Expansion Fund to finance its pro rata share of the design and
construction of the Treatment Expansion. Fort Lupton will pledge and deposit a
portion of the Fort Lupton Sewer Fees into the Expansion Fund to finance its pro
rata share of the design and construction of the Treatment Expansion.
Fort Lupton will have management responsibility for the Expansion Fund.
Fort Lupton's and the District's pro rata share of the design and construction costs
of the Treatment Expansion will be determined by that portion of the Treatment
Expansion required to serve Fort Lupton's and the Growth Area's residents,
respectively. To -fund initial sty -up cdosts for the. J krand designs for the
planned Treatment Expansion, the District will pay Fort Lupton $200,000 with
the execution of the I A by both Parties. Any costs incurred in excess of this
amount will be reimbursed from the Expansion Fund when sufficient deposits are
collected.
3. Capital Expenditures. In addition to costs associated with Treatment
Expansion, capital expenditures for the Treatment Plant will be shared pro -rata by
the District and Fort Lupton for any expenditure that extends the useful life of the
Treatment Plant or is a State mandated change or improvement.
4. Operation. Fort Lupton will operate and maintain the Treatment Plant and will
receive, treat, and dispose of all sewage delivered to the Treatment Plant from the
Growth Area.
6
C. Extensions and Alterations* Fort Lupton and the District may at any time enlarge or
modify the Treatment Plant and the District Main, respectively, or renew or replace any
part thereof and may construct or otherwise acquire any extension or alteration, as may
be feasible and permitted by law, so long as such enlargement, alteration, or replacement
does not otherwise prevent either Fort Lupton or the District from meeting its obligations
as set forth in this IGA. At least thirty (3 0) days prior to commencing any design or
construction activities for the enlargement or modification to the Treatment Plant or
District Main, the Party undertaking the enlargement or modification shall notify the
other Party in writing indicating the nature of such enlargement or modification and the
proposed schedule for commencing such activities.
D. Performing Duties. Fort Lupton and the District will faithfully a punctually perform
their duties as set forth herein and as otherwise required by the laws of the State and the
resolutions and ordinances of Fort Lupton and the District, including but not limited to
the making and collecting of reasonable and sufficient rates and charges for services
rendered or furnished, and the proper segregation of the revenues and their application to
the respective funds provided for in this IGA.
E. !fillitlioriAlsgrattli. At all times Fort Lupton and the District will each, so far as it may
be authorized by law (including without limitation executing the power of eminent
domain), pass, make, do, execute, acknowledge, and deliver any and every such further
resolution or ordinance, approval, acts, deeds, conveyances, assignments, transfers, and
assurances as may be necessary or desirable for thetare- nt,Y
set_ -forth_. her in, or
which Fort Lupton or the District may heretofore or hereafter become bound to pledge or
to assign, or as may be reasonable and required to carry out the purposes stated herein.
Fort Lupton will full the obligations contracted herein by reasonable and appropriate
governmental action. Fort Lupton will at all times, to the extent p nutted by law,
pr
eserve, reserve,, and protect the �d pled re r �; `_de d- rein t ' Fart- ►utatd ::.
F_OeSiind any other funds pledged to service the Expansion Fund and all the rights of
every holder of any note, bond, and any other security of the City against all chines and
demands of all persons whomsoever. The District will at all times, to the extent permitted
by law, defend, preserve, and protect the pledge of revenues derived from the District
Sewer Fees and any other funds pledged to service the District Bonds and fund the
Expansion Fund and all the rights of every holder of any note, bond, and any other
security of the District against all claims and demands of all persons whomsoever.
F. Operation and Maintenance. Fort Lupton and the District will at all times operate the
Treatment Plant and the District Main, respectively, properly and in a sound and
economical manner and. will maintain, preserve, and keep the same proper or cause the
same to be so maintained, preserved, and kept, with the appurtenances and every part and
parcel in good repair, order, and condition, and will from time to time make or cause to
be -made all --necessary and- proper- r ep , replacements,. and- renewals so -that-at all -times -
the operation of the Treatment Plant and the District Main may be properly and
advantageously conducted. The Treatment Plant and Treatment Expansions will remain
the sole and separate property of Fort Lupton with the obligation to operate and maintain
them. Fort Lupton assumes all liability for any claims of third parties related thereto. The
7
• District Main will remain the sole and separate property of the District with the obligation
to operate and maintain it. The District assumes all liability for any claims of third
parties related thereto. Nothing herein waives, or affects the legal status or protection of
governmental immunity for either the District or Fort Lupton.
G. Rules, Regulations, and Other Details. The District and Fort Lupton will establish and
enforce reasonable rules and regulations governing the operation, use, and services of the
District Main and the Treatment Plant, respectively. Fort Lupton and the District will
observe and comply with all valid acts, rules, regulations, orders, and directions of any
legislative, executive, administrative, or judicial body applicable to Fort Lupton or the
District.
H. Payment of Lawful Governmental Charges, The District and Fort Lupton will pay all
taxes and assessments or other municipal or governmental charges, if any, lawfully levied
or assessed upon or in respect to the District Main or the Treatment Plant, respectively,
upon any part thereof or upon any revenue therefrom, when it becomes due, and will duly
observe and comply wi v all valid requirements of any municipal or governmental
authority relative to any part of the District Main and the Treatment Plant and will not
create or suffer to be created any lien or charge upon the District Main or Treatment
Plant, respectively, or any part thereof or upon the revenues therefrom, except the pledge
created by any resolution for the payment of the principal and redemption price of and
the interest on the District Bonds and funding the Expansion Fund, or as otherwise set
forth herein. With regard to the Treatment Plant for Fort Lupton and the District Main
for the District, Fort Lupton and the District will pay or cause to be discharged or will
make adequate provision to satisfy and to discharge, within sixty (60) days after the same
shall become payable, ail lawful claims and demands for labor, materials, supplies, or
other object which if unpaid might by law become a lien upon the Treatment Plant and
the District Main or any part thereof or the revenues therefrom; provided, however, that
nothing in this Section shall require payment or discharge so long as the validity thereof
is contested in good faith and by appropriate legal proceedings.
I. Insurance and Reconstruction. Fort Lupton and the District will at all times maintain
with responsible insurers all such insurance reasonably required and obtainable within
limits and at costs deemed reasonable by Fort Lupton and the District as is customarily
maintained With respect to waste water treatment systems of like character against loss of
or damage to the Treatment Plant and District Main, respectively, against loss of
revenues, and against public and other liability to the extent at least reasonably necessary
to protect the interests of Fort Lupton and the District, and each holder of any bond or
other security of Fort Lupton or the District. Liability coverage for Fort Lupton with
C1RSA shall be included in the definition of insurers and insurance. Any liability
incurred by Fort Lupton as a result of the operation of the Treatment Plant shall be its
sole liability, and any liability incurred by the District as a result of the operation of the
District Main shall be its sole liability with the District liable for input into the District
plain and Treatment Plant, subject to any agreement to the contrary now existing or
hereafter made.
S
J. Alienating System. No part of the District Main or the District's portion of a Treatment
Expansion shall be sold, leased, mortgaged, pledged, encumbered, or otherwise disposed
of or otherwise alienated, until all the District Bonds have been paid in full, both
principal and interest, or unless provision has been made therefor, or until the District
Bonds or other securities have otherwise been redeemed, including but not necessarily
limited to the termination of the pledge herein authorized.
K. Records, Accounts, and Audits. Fort Lupton and the District shall keep proper books of
record and account (separate from all other records and accounts), in which complete and
correct entries shall be made of its transactions relating to the Treatment Plant and the
District Main, respectively, or any part thereof and which, together with all other books
and papers of Fort Lupton and the District, shall at all reasonable times be subject to
inspection. Fort Lupton and the District will cause its books and accounts to be audited
annually by an independent accountant. Each such audit, in addition to the matters
hereinabove designated and to whatever matters may be thought proper by the
independent accountant to be included therein, shall include, but not be limited to, the
following:
1. income and Expenditures. A statement in detail of the income and expenditures
related to the Treatment Plant or District Main for the Fiscal Year, including but
not necessarily limited to a classified statement of grass revenue received, of the
net revenues, and also of the amount of any capital expenditures appertaining to
the Treatment Plant or District Main for the Fiscal Year, and a statement of the
profit or loss for the Fiscal Year.
2. Balance Sheet. A balance sheet as of the end of the Fiscal Year, including the
amount on hand, both cash and investments, in each of the accounts created by the
various resolutions of Fort Lupton and the District and in other proceedings
authorizing the issuance of outstanding bonds and other obligations payable from
the revenues from the Fort Lupton Sewer Fees or the District Sewer Fees.
3. Independent Accountant's Comment. The independent accountant's comment
regarding Fort Lupton's or the District's methods of operation and accounting
practices and the manner in which Fort Lupton or the District has carried out the
requirements of each resolution and any other proceedings authorizing the
issuance of outstanding bonds or other obligations.
4. Listing Insurance. A list of the insurance policies in force at the end of the
Fiscal Year, setting out as to each policy the amount of the policy, the risks
covered, the name of the insurer, and the expiration date of the policy.
5. R,ecanitulation of Funds and Accounts. A recapitulation of each fund or
account created by the various resolutions and by the other proceedings
authorizing the issuance of outstanding bonds and other obligations payable from
the revenues from the Fort Lupton Sewer Fees or the District Sewer Fees, into
each of which accounts are put moneys derived from the operation of the
Treatment Plant or District Main or derived from the sale of the securities, such
9
analysis to show the balance in such account at the beginning of the Fiscal Year,
the deposits and withdrawals during said Fiscal Year, and the balance at the end
of said Fiscal Year.
111. CONNECTION
A. Connection to Treatment Plant Connection to the Treatment Plant shall be made only
at the connection point set forth on Exhibit B, or as approved by Fort Lupton. The
District Main's connection to the Treatment Plant shall be metered at one location.
Flows will be monitored and measured for volume, strength for BOD, Nitrogen, PD4,
TICS and solids loading, both average and peak flows and loads, by the City of Fort
Lupton at the point where the District Main enters the Treatment Plant. The
measurements taken at this point are the ones to be utilized in the calculation of Sewer
Usage Fees.
B. Connection to District Main. Connection to the District Main will be at points specified
by the District in its sole discretion. Fort Lupton and the District will require as a
condition to issuing a building permit from within the Growth Area or within an area
receiving extrarterritorial service from Fort Lupton and which utilizes the District Main
or the Treatment Expansion, either that it connect to the District Main or the Treatment
Plant and pay the applicable District Sewer Fees and/or Fort Lupton Sewer Fees. The
District will make provisions for measuring the quantity of discharged waste being
delivered to the Treatment Plant, as well as the quality of the discharge. All monitoring
costs will be the District's responsibility. The District Main shall receive no storm water
directly or indirectly from surface drains, ditches or streams, storm or combined sewers,
roofs, areaways, or foundation drains, or from any other means, except the minimum
practicable infiltration of groundwater as specified in iibitD. _
C. Service Rendered by Fort Lupton and the District. The District will intercept, receive
and transport sewage in the District Main from the Growth Area to the Treatment Plant
Fort Lupton will treat sewage in the Treatment Plant and discharge treated water
therefrom. The District will maintain ownership of its effluent discharged from the
Treatment Plant The District will provide a monthly summary of water sources of
sewage received for treatment and cover any cost of water accounting. Fort Lupton and
the District will retain full power and authority to provide sewer service to the inhabitants
of the Growth Area, including the acquisition, improvement, operation, and maintenance
of facilities for the collection and treatment of sewage generated from the Growth Area.
D. Construction of Other Sewage Disposal Systems Prohibited. Fort Lupton and the
District will exclusively operate the sewage disposal system for treatment and disposal of
sewerage derived from the Growth Are& No sewage disposal system or other facilities
for the collection, treatment, or disposal for sewage generated from the Growth Area will
be constructed to serve the Growth Area, unless Fort Lupton and the District both consent
in writing thereto and approve the plans and specifications therefor.
10
FV. DELETERIOUS WASTE
A. Compliance with Requirements. The District will cause all sewage at any time
discharged directly or indirectly into the District Main and thereby into the Treatment
Plant to comply with all requirements and standards placed on the District and Ft Lupton
as specified or permitted by law. In all cases where the application or the enforcement of
said requirements involve technical or scientific analyses or determinations; Fort Lupton
shall have final authority as to the methods, standards, criteria, significance, evaluation,
and interpretation of such analyses and determinations. The District will permit no new
or existing connections, which allow the entrance or discharge of sewage into the District
Main or the. Treatment Plant that does not comply with said requirements of the District
or Fort Lupton. Fort Lupton will have the right to inspect and monitor the District Main
and collect confirmatory samples for compliance with its regulations.
B. Modification of Deleterious Wastes Requirements. The District and Fort Lupton may
from time to time make any amendments to their requirements concerning deleterious
wastes, which may be reasonably necessary to prohibit or to regulate properly the
delivery or the discharge into the District Main or Treatment Plant of any substances
which alone or in combination with other substances delivered and discharged are or may
be or may reasonably be expected to be substantially injurious or deleterious to the
District Main or the Treatment Plant or to its efficient operation.
C. Determination of Quantity, Quality, and Characteristics of Sewage. The District will
use meters for determining the quantity and will make tests and will use other means for
determining the quality and other characteristics of all sewage which shall be delivered
and discharged into the District Main and therefore into the Treatment Plant in
accordance with sound engineering practices and environmental standards. A copy of
each such determination made by the District with respect to each Fiscal Year will be
mailed to Fort Lupton. From and after the placing of the District Main into operation, the
District will make and will keep permanent records of the quantity, quality, and other
characteristics of sewage delivered and discharged into the District Mavc. See ambit 1).
D. Storm Waters. The District will not make or permit any connection to the District Main,
which is designed to permit entrance directly or indirectly into the Treatment Plant of
storm water drainage from ground surface, roof leaders, catch basins, or any other source.
E. Prohibited Sewage and Wastes.
Qe,nejt Dischar a Prohib itions. None of the sewage, water, substances,
materials or wastes described in Exhibi D shall be discharged into the District
Main.
2. Specific Discharge Limitations. The District will establish in its Rules and
Regulations, and may from time to time amend, specific limitations governing the
discharge of pollutants into the District Main, provided such amendment is
approved in writing by Fort Lupton prior to its taking effect.
3. Industrial Commercial Users.
11
The District will control, though permit, contract or similar means, industrial
waste discharges from each significant industrial user within the Growth Area as
described in Exhibit D.
F. Remedies.
1. Emergency Remedies. Where a discharge into the District Main reasonably
appears to present an imminent endangerment to the health or welfare of persons,
or presents or may present an endangerment to the environment, or threatens to
interfere with the operation of the Treatment Plant, the District in concert with
Fort Lupton shall immediately mate investigative procedures to identify the
source of the discharge, and take any steps necessary to halt or prevent the
discharge. If necessary, the District shall seek injunctive relief against the
violating user together with any user contributing significantly to the emergency
condition.
2. Penalties. In the event any damages are incurred to the District Main, the
Treatment Plant, the environment, or the health and welfare of any persons as a
result of any polluting or deleterious sewage being discharged into the District
Main,, the District will be responsible for paying any claims. To the extent
Fort Lupton incurs any damages or additional costs resulting from said discharge,
the District shall make reimbursement, and said claim shall be considered
contractUal and governmental immunity shall not be a bar or restriction on such
claim.
3. Remedies. If the District or Fort Lupton determines that a user is not in
compliance withDistrict standards, the District will issue a notice setting forth the
requirements and standards not being complied with and directing the user to
attain conformance to these requirements and standards within a period often (10)
days. The District, in coordination with Fort Lupton, will establish appropriate
fines or penalties for any violations of the District standards.
V. BUDGET, FEES AND THEIR ESTABLISHMENT AND COLLECTION
A. Annual Budget
1. Preparation of Annual Budget Fort Lupton and the District will jointly prepare
annually a budget, including therein operating revenues, and expenses, debt
service payments, and any provisions for capital expenditures for the ensuing
Fiscal Year, Every budget will set forth a statement of the sources of funds to be
available to defray such expenditures, including without limitation the
Fort Lupton Sewer Fees and the District Sewer Fees to be paid by users of the
District Main and Treatment Plant
2. District Len. Collection and Calculation of Annual Charges. With respect to
all sewage delivered into the District Main, the District shalt make, impose, and
collect the District Sewer Fees in accordance with this IGA, as the same may be
amended or otherwise supplemented from time to time.
12
To pay at all times all operation and Maintenance expenses and at the end
of each fiscal year to maintain therefor reserve requirements;
b. To provide in each fiscal year a sum equal to its portion of the debt service
on the District Bonds for the bond year commencing in such fiscal year
computed as of the beginning of such bond year;
c. To provide for funding the Expansion Fund in a sum equal to the amount
required to fund it's pro rata sham of the Treatment Expansion on the
schedule set forth in the Phasing Plan;
d. To pay the fee to Fort Lupton for providing treatment and discharge
services for sewage collected by the District Main;
e. To provide at all times for any deficits of the District resulting from failure
to receive any fees or any sums payable to the District for any cause; and
To comply at all times in all respects with the terms and the provisions of
this IGA and to pay and to discharge all other charges or liens payable out
of the income of the District when due and enforceable.
3. Fort Lupton I llection and Calculation Chars. With
respect to all sewage delivered into the Treatment Plant from the Distict Maw,
Fort Lupton will make, impose, and collect the Fort Lupton Sewer Fees from the
District (which collects all fees from its users) in accordance with this IAA, as the
same may be amended or otherwise supplemented from time to time.
a. To pay at all times all operation and maintenance expenses and at the end
of each fiscal year to maintain therefor reserve requirements;
b. To provide in each fiscal year a sum equal to its portion of the debt service
on Fort Lupton Bonds for Treatment Expansion for the bond year
commencing in such fiscal year computed as of the beginning of such
bond year,
c. To provide for funding the Expansion Fund in a sum equal to the amount
required to fund it's pro rata share of the Treatment Expansion on the
schedule set forth in the Phasing Plan;
To provide at all times for any deficits of Fort Lupton resulting from
failure to receive any fees or any sums payable to Fort Lupton for the
provision of sewer service; and
e. To comply at all times in all respects with the terms and the provisions of
this IGA and to pay and to discharge all other charges or liens associated
with the Treatment Plant and payable out of the income of Fort Lupton
when due and enforceable.
13
4. Co Hance Service ntract a d E o Annual h es.
Fort Lupton and the District will plan, schedule, and prosecute all construction on
or about the Treatment Plant and the District Main in accordance with the Phasing
Plan and operate and maintain the Treatment Plant and District Main in a manner
that enables Fort Lupton and the District, at the earliest practicable time, to make,
impose, and collect the District Sewer Fees and the Port LuptonSewer Fees
pursuant to this IGA.
5. Charges_L mited to Conuecti n.aMuni aides. The District will be liable for
the payment of Sewer Usage Fees to Fort Lupton, for receiving sewage from the
District Main operating the Treatment Plant, and discharging the District's
effluent. The Sewer Usage Fees will be set by Fort Lupton prior to
commencement of construction of the District Main. Once the District Main is
operational and District Sewer Fees are collected, the District will make the
Sewer Treatment Development Fee payment to Fort Lupton on a monthly basis.
The Sewer Usage Fees rate may be adjusted by Fort Lupton on an annual basis.
Nothing herein contained shall be construed as preventing Fort Lupton or the -
District from fixing and collecting by contract or otherwise rates, tolls, and other
fees appertaining to the Treatment Plant and the District Main, respectively.
6. Enforcement. If any payment or any part thereof due to Fort Lupton from the
District shall remain unpaid following its due date, the District shall be charged
with and will pay Fort Lupton interest on the amount unpaid from its due date
until paid at a prime rate plus one percent (Prime +1 %) per month (or faction
thereof). The Parties agree to establish a prime rate index for purposes of
enforcing the provisions of this paragraph with the establishment of the initial
Sewer Usage Fees.
VI. INCLUSION
A. Applicability of IGA. This IGA applies to all land that is currently contained or may
later be included within the boundaries of the Growth Area or Todd Creek Village North
through mutual consent. The boundaries as outlined above may not be changed without
the express 'consent of the City.
B. Conditions of Inclusion. Any area in reasonable proximity to the Growth Area may be
included into the Growth Area, such that Fort Lupton and the District may provide sewer
service to it, upon such terms and conditions as may be mutually determined by the
Parties and upon determination that such area may feasibly be served by the District Main
and/or the Treatment Plant
VII. MISCELLANEOUS
A. Conformance with Laws. Each Party hereto agrees to abide by and to conform to all
applicable laws of the Federal Government, the State, and any other body corporate or
political having any jurisdiction in the premises. Nothing in this Section contained,
however, shall require any Party hereto to comply with any law the validity or
14
applicability of which shall be contested in good faith and, if necessary or desirable, by
appropriate legal proceedings.
D. Acts of God. No Party hereto shall be responsible or liable in any way for Acts of God
or any other act or acts or omissions beyond the control of such Party, which may in any
way cause an interruption or a discontinuance of service appataining to provision of
sewer services.
C. Nonassignability. No Party to this Agreement may assign any interest therein to any
Person or entity without the consent of all the other Parties hereto at that time, and the
terms of this IGA shall inure to the benefit of and be binding upon the respective
representatives and successors of each Party hereto. Notwithstanding anything contained
herein to the contrary, the District may assign its obligation herein to a Related District
without the prior written consent of the other Parties. Nothing herein contained,
however, shall be construed as preventing the reorganization of any Party hereto nor as
preventing any other body corporate or political succeeding to the rights, privileges,
powers, immunities, liabilities, disabilities, and duties of a Party hereto, as may be
authorized by law, in the absence of any prejudicial impairment of any obligation of
contract hereby imposed.
D. Amendments. Subject to the rights and privileges of the bolder or holders of any bonds
or other securities of the District, this IA may be amended from time to time by written
agreement.
E. Severab' 'ty. If may section, subsection, paragraph, clause, phrase, or other provision of
this IGA shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause, phrase, or other provision
shall not affect any of the remaining provisions of this IGA.
F. Execution of Documents. This IGA may be executed in counterparts, any of which shall
be regarded for all purposes as one original.
G. Waiver. No waiver by either Party of any term or condition of this IGA shall be deemed
or construed as a waiver of any other term or condition, nor shall a waiver of any breach
be deemed to constitute a waiver of any subsequent breach, whether of the same or of a
different provision of this IA.
H+ Remedies. In addition to the remedies provided by law, this Agreement shall be
specifically enforceable by any Party hereto.
L Entirety. This Agreement merges and supersedes all prior negotiations, representations,
and agreements between the Parties hereto relating to the subject matter hereof and
constitutes the entire contract between the Parties concerning the disposal of sewage
within the Growth Area.
[Signatures to follow on a separate page.]
15
UAM-2006-418
CITY OF FORT LIPTON
By
Name: Sin Crest.
Its: . _Mayor
TODD CREEK FARMS METROPOLITAN
DISTRICT NO,I
By
Name:
4Illeal Cat OS 0 Palatts
Its:. Nikultak Oster
U 06.6I8
EXHIBIT' A
("Growth Area")
r
r
r_+ - 1 - _ a • • -
. I
r.7, - -s---� IT ^ I -
_ -- i • '
-r
4 -i - •+• 2.. .a
1 . .r -� • a ea; ar- '
i:V� . •
- = }- ni :1
sue'' - .»
' -. :., 4,
114
n . -! '•
'3 I -I.
-- • _ — r �_ Tt
P. C. a, . -
r
Lti
1
.T_w.'_. _ 1 --Ir .
•
1 _ t . •a
•
II
- - �•r _ _ , , - -• ihl tii
LA
'•t4 - • - -L - �'�' •t.•.--.3.)
•1 "1..i
�}� J + 1-4'
s- ,� !$�'
+ ' r-'-- a. 1 {• ••-• J• r ti_•j
I. • r R ,• - -•• I"... •.f
&r•
I J' r •
a
T
a-'aa
4 • .cr--• •---67• • L_
. r:.7
.•f..r '•a..�..-/rrZ• ' L ',• n.=IC • •• •-•3c• `:•'*" )•113••` yr,44�ti .;f,.•■ 4•••SI• ...ts i �2• •
at
„1�
aim r
•IMMIME INC
rre f
, r 1
cik
4
Ta
-•- r} `
. 1._ •:illy 3
• - r- • ,, , I
At, •
f-
• ••
cad ci
•
• •.I
•
•
rr
-I •..�,
,4
S t Ird j
_ a , �!. �*
•
1r r+
4
., 4 ~ - • •••r •
-
'
- • • L
-• - r.
�••• • • •i - a
M•
f •�'' .
k -_f'_- •
• s r X71,
M1r.: 7� •., 4a... : • ..•t' . a • -
L • _.,,ti • • r -I -'- - { :rte. Ste:
�,1�. i w t a j*• a _ _. „iristo fr.. .1_•.-- •m. •i a S ' -,�' - •, ,,,� r
•• - -B-
...flaw
l ' . .+as
''•• e Cyr it f: ► }s� L , - i •-I..' ifs
••9 t- r
r . 1 • r; r
• ,.•
-
. • r
f:
7rr�7r•r_
as .. ,b
aJ� ,J a
ti
s -.J , _
t J • i • J.
a.
•
; l
jut
:4
St -
I
J
a- • r -
f-�
•` +�
44.70ct L. 1
AiCY :716
7 r•
- -
• a. ' - 41
1 - ;1
l
;•_`
J
,r •� •~ •,
r- -
.14
-4
•�. r
I
% L, 1
•.t .4 -
1.
re 3
Cait1 } ;1t Iitif S - a -'•t. _ .. r 1
le 1il
ap.„,......r. _ .1�, `cr:
a'T'-'_ • - - 4 Ls.
'41• a f •
-Lapi i toti::. ��-..'._-- I k, .1 • ;r. . 1
_ . reg
1 a �• - • - r"1: r t1
+f `'1 -f r ` ' •1 - = -Ir r• s , , • ' ' ••,r�-r• 1 r . -+
ti: a a- - 1
•
F 1 1 -��. %... L S
rr f • I AN.
• r _ _ 4.i.T _r 4' 1 y_ • ,1 . 1
1
•
1,
e • r i
legs. *• _ aL
Y . •f
L
----.zrot
i
t
:•!Le; -pr'
I 7G
■ a
1 1 • - -a. ••
S': .c f •
•
/ . t,r••! Ir
•
mall. ice• y 'Yr - r _ _ P. c • 11
i• ; E��•1h., --. art + s fir' r �- -�• • y� Y - --- i is fr
-• a• J : t •r•'1 -'1•L • SL I • _. • ' ..... • : 4; r 4'•
�1,�-� t y _ 7•
r•.; �'•� Syr:.- `�, • ••ra- '_'�__� ;i.4.- •
1 r.
1
1
• r
'•a
•
i
1
.I:
•
4.
j.
Ma
•
•
tir • - a
IL�•t• 1 a
il _ , i [ki -
ra, -r{r : 1 17 _ I
r
•
I
•
.• 1- ` ` I> J�
;l
1
Y
4,t
, r�_ . . I. I.
K. •. F- ! w `� 4- -.1_ ; 2 r t ra, . _
t n. lot .4 , - 'i,. 477
', -r s. it
ei •_-..- e
�• ,....• - 'f' t 1• .A' ....z} .
a'z
I.
I.
• �I� 1 - -
_. •2 _ R . - y,. a+ v (..±.1•.• •tom •t - ,rte NA_u_-J.
•
1:.�• ri+ . •F•` •- i .- Wit- ' •• 1\ - ! y k`' I • . t 4,, • ••• •a -'1 ..,1 a=
[ , • * y +-tip+.' _ • ti 1.iti .....• s.•- :-......4.••••• {-+•r• �• 4 _ `• - •%II ,'ice -a/-
F v - •`'` - �.` ; f Id ; a 1•- \1•f' I! ► .I .1 •- r''.;Lr • 'h '1I. �:•••� 1 ' _•v •....
• •1�� �n, t •• U.
- •^r'' Ste; a I' Y-
•
1 1 - -I - ..- • It v '••a.. •`a . ass. ._d i 1 „1• _,• r - amass �.
� - I• _. 1`_.w ' L i • L, a�..% - }'. •* . _•3 ��r r' .a
�i1 I / _•' a . � .
,ai'
F L Y 1• r.,
r!. 3,1-
•
•
L.' r •, + h 4. 1 •�•�yr•f9•'I. • 1� +' 17,
•1•
•
•v+, •i S'. _ yy,•..a•_rf U -.-- ., 1 •:-•••
. ;:. 4 1
ter, •
I•P.
i - 4 •�e- a . i - L -
1 • - _~ , 1 t •• r • - _ - � .. t , r - Ja
r- - . , .Fir 1 r � - -. ' I 1 C, 4 :.1N• .. ti _ _. } r,� _ .- • f ,•
•�,• r - _ _ _ m... i .. 1 ± - ' a - - i' ' •• . • fir. _ lrir,� . _{.:• f'. 1 . ,. ...s . r
i if •
•��- _'j■ `_ r •:1 • -% ;� 1. 1- •- E:11,31
k•� Y . 1,'#-f1•._1.:.•.1.
4.
i: . 11
-,• ' Li"• •�.r t r �'-_ ---tilt :1 •-... .- T+� f • -iAIG�+i.11'•1. - • r _. , ` -.7i • 11. !'� :- 1'( - - ... - �. i - - - — , )) • . tsy�
• r
aa, _ •� f �,_' . y r iv -.Lt.!' '/ . a 1_ -V ti --
. .,1 -��.p •� ry . ••
- •4r.; �a - -i'•.` i4•_. • c - I'`�i• _- -ttiki' • . • ,1t ��'_-. AN • •i ri �_t. r_f •+ S. _ r� -r -_,cam y ��- 1 - ,� •
roti : i %ell
1.1
Doh . It sof
•
11 V' Nas,
•
.4
at
•
4.
•
IL
I. al
•
•
J
•
I
ar
41
•
14.
•
is
U - 6-018
IT B
("Conceptual Treatment Expansion")
ear.,
•s,••••W.-,r+rwa+.l-lnvR.v.+rmerrlirrie.,,,rer+wr•••...erAtar zismw+
Yti-•rv.r�wrY__—
.a.
•
i
a
i
•
i
Exausrr C
("Conceptual Phasing Mani
WA -200641B
or
r
r
- • • a a. ••• • .• _ % r ✓ •.•.•.•••-
4
I
I
I
ri
I
U
4 • • • N • 1M
{
t
M
-a.- • irra. www i • • • •
�
1 •
. J.
'
E •
{:
i.w
Uri
(t:
gi
F•
Ly,
r.•
,Y
1,
I
m
4.
IA,r
a I ilea . •• 1.i ••••••••�• •• • • • • ••• !, . Y. • • .r r1 !. . . . •. ...� .--.-- - -emu
r I
LIt:
rg
1
�i
c
K
• .
.a.a. J. ;•3 c1
1
di
tap=
'
V+
1�
ea
rr
1V
g
■II
t
J
r►"
•r.
--
1
vi
.
.1
i
..
—
—
_
,
,i
1,
M
•
_
i"
— -v.
35
et
!P
5
Lave,.
--
'
4
:1•
5
2.7
•�
rr�
y_ ,3
RY Tom.. a ipt•-
�...i a
4
'li
7"::
'z.
it i1
In
rt
,wm
•.'
Iti
1 Y
J
DI
S.
I ig I I 1111111i III ii
11111,..1
I1I Il
t ���
a•.aa- arm: .+ . - •s , .
ilillrnill 111
ll 11 il• II .61.,..
1 111 �12111; il
�
• •
•
11111111i :11:11111
� � dd dd �
— - __
-
aI
IIIIIUIHII2IIIIIU IflUhIiIif
_. 1dddidd1dd4.ddddit PE `dd44d'dd114d-d 101
t 1_EItItjir tl�l.jl�lt
" aqsRii�.211i� 2
- 4 3
•Uiktftttttll
.��1a�
=
i _a
114.E it
ofi�pY l N
4&11114'flit1r
����aaas
III
sag
B
Tyy
'+
i
r
f
.
1
i
Li
'
• . i
1
113a
.
.
#
_
.
1
_
I
I
-
. .
1
•
3
`
•
•
_
._
±
1-1111
•,
_ -
r
"
'
.
•
. • •
•
T
••
1 • 1
_
-
i1
-NT
...r...
1
f~
y�,
w
w
a` ,tpit•'-
•IIpp
\f
f*
'•
N
b
w4.1
3
+
•
L
•
•
■.a.� ----._ _.. . _. .__-_,.._...- - - • .-- — • , - - - - -
EDIT D
("Technical Information")
INTERGOVERNMENTAL TAL AG FOR
WASTEWATER TREATMENT SERVICES
BETWEEN T DIE CITY OF FORT LI PTO , COLORADO
AND TODD CREEK FARMS METROPOLITAN DISTRICT Nth 1)
1. Services Provided. The City agrees to permit the connection of the District main
to the City's treatment plant at the location shown on Exhibit B, which is attached hereto and
incorporated herein by this reference and to permit the discharge of wastewater from the District
Main into the City's treatment plant subject to all applicable requirements of the Code of the City
of Fort Lupton ('tCity Code'}), during the term of this Agreement
(a) dean Water Act — The City is committed to compliance with all
provisions of the Colorado Discharge Permit System (CPDS). Accordingly, as the City is
prepared to provide wastewater treatment services to the District, the District is also
subject to all terms and conditions of the City's most current CPDS permit, The District
is subject to any and all changes within said permit that necessitate changes to the
operation, maintenance or construction of new facilities required for compliance with the
CPDS permit. Further, should the CPDS permit require "deftrating" of the treatment plant
to obtain compliance, the District will also be subject to their pm -rate percentage of the
"degating". The District shall be subject to additional charges associated with
compliance of the CPDS permit necessitated by permit changes in accordance with their
allocated Treatment Plant capacity.
(b) Metering. The point of connection between the District Main and the
Treatment Plant shall be made with a flow measurement and monitoring station,
including a manhole in which said measuring devices shall be located ("Metering
Station") designed by the District consistent with the CitYs requirements and subject to
the City's approval, which shall not be unreasonably withheld or delayed. This Metering
Station shall be installed and operate so as to continuously. 1) measure and record
wastewater flows; 2) transmit flow information to the District and the City for monitoring
and billing; and 3) provide for periodic sampling. The City shall have full access to and
control of such Metering Station upon installation and final inspection and acceptance by
the City, for the purpose of carrying out the City's responsibilities hereunder. In the event
of Metering Station failure, the quantity and quality of flows from the District Main may
be extrapolated from the available data and any related inforbnation, including but not
limited to prior observations and measurements or contemporaneous data regarding flows
into the Treatment Plant.
(a) Industrial and/or Cate crime Disc. If, in the reasonable discretion
of the City, it is determined that discharges from the District Main into the Treatment
Plant may cause pass through of pollutants, interfere with the operation or performance of
the Treatment Plant, whether due to the partial or complete obstruction of flow in the
6632321 JTJOUN 1130/06 1;47 FM
District Main, or any other cause, the District shall make such modifications and impose
such controls and improvements to the District Main as the City may reasonably require
in order to allow for the issuance of the permit required for said discharge. The District
will not permit the connection of any customer that requires an Industrial Discharge
Permit, unless and until an Industrial Discharge Permit for said discharge has been
requested by the discharging customer and approved by the City and all permit fees and
other associated charges have been paid in full. In the event that any such categorical
discharge results in increased costs to the City, the City shall be entitled to increase the
fees and charges to be paid pursuant to this Agreement commensurate with said increased
costs.
2. Pa nt or S ces. In exchange for the use of the Treatment Plant as provided
herein, the District shall pay to the City each of the fees and charges set forth in this Agreement.
The fees and charges for wastewater services set forth herein shall be as established by the City
from time to time based upon an analysis of thecost to the City of providing services hereunder,
including but not limited to administrative and other indirect costs related thereto. The initial
rates and charges shall be determined by an initial cost of service study. The City may update
and revise as necessary said cost of service study, but shall in any event update and revise the
sane no less frequently than one (1) time every five (5) years. The District may request that the
City conduct additional cost of service studies and analyses, but said additional studies and
analyses shall be at the District's sole cost and expense. As applied in this Agreement, the term
"Cost of Service Data" is intended to mean the most recently completed cost of service study
hereunder. The initial Cost of Service Data shall be based upon estimated wastewater flow rates
provided by the District and wastewater strength consistent with normal domestic strength
wastewater as defined in City Code.
(a) In the event that the District determines that wastewater discharges from
the District Main may exceed the peak day flow rate for which a Sewer Tieatment
Development Fee has been paid, or either the City or the District determine that the
characteristics of said discharges have materially changed or are expected to materially
change, and as a result additional Sewer Treatment Development Fee charges are
applicable, the District shall pay such additional Sewer Treatment Development Fee as
applicable. Upon a determination by the City that the discharges from the District have
reached ninety-five percent (95%) of the peak day flow rate for which the Sewer
Treatment Development Fee has been paid by the District, the District shall at that time
be prohibited from permitting any additional connections to the District Main until such
time as the District has paid any additional Sewer Treatment Development Fees that are
due for the increased wastewater flows based upon the most accurate and currently
available projections for the demand created by the District Main.
(b) Sewer Usage Fees will be charged on a monthly basis for District Main
discharges consistent with the rate applicable set by City Council for extra -territorial
customers in accordance with the City Code. The initial Sewer Usage Fees shall be as set
forth in Exhibit E, until such time as the City updates its Cost of Service Data or
modifications in wastewater flows result in increases as otherwise described herein.
I G IOdd; FINAL • __
2
Cc) In the event the peak day flow rate of discharges from the District Main
exceeds the flow rate for which the Sewer Treatment Development Fees have been paid,
a System Lease Charge shall be applicable to said excess flows. This System Lease
Charge is explained in Exhibit E. The System Lease Charge shall not apply toward the
total of Sewer Treatment Development Fees paid by the District„ and shall be payable
whether or not the City has provided notice to the District that wastewater flows have
exceeded the ninety-five percent (95%) threshold described in subparagraph A, above.
Upon payment of additional Sewer Treatment Development Fees, the System Lease
Charge shall cease to apply except to wastewater flows in excess of the increased peak
day flow rate for which new Sewer Treatment Development Fees have been paid.
(d) In the event that the wastewater strength exceeds normal domestic
wastewater strength (350 mg/I EOD5, 350 mg/I TSS, 30 mg/I NHS) or deviates from the
basis for the Cost of Service Data, then a Wastewater Surcharge shall be added to the
monthly Sewer Usage Fees, which shall be based upon deviations from the strength and
composition projections for the District Main that have been used to determine the
charges otherwise set forth herein, and shall be determined by applying applicable
wastewater strength surcharge rates as set forth within the City Code.
(e) In the event the District requests or requires any services not included in
the monthly Sewer Usage Fees, the District shall pay to the City micteellaneous fees and
charges based upon the City's costs, time and materials plus the overhead percentage at
the rate provided in the City Code for "Third Party" overhead charges.
3. Pretreatment R.eqiliiranents and Enforcement. The Parties acknowledge and agree
that the City's U.S. Environmental Protection Agency -approved Industrial Pretreatment Program
(the "IP Program") shall apply in full within the District Main, and shall be enforceable by the
City throughout said system. The District agrees to cooperate with the IP Program in connection
with any inspection, investigation, corrective or enforcement action, or other action required to
implement said IP Program. In particular, the District agrees that as a condition of service to all
customers of the District and as a condition of service to the District, the City shall be entitled to
inspect, monitor and take or require such corrective action within the District Main as may be
necessary for the purpose of implementation or enforcement of said IP Program. As noted in
Paragraph 2.C, above, no categorical discharge to the District Main or the City's Treatment Plant
shall be allowed except in accordance with the City's requirements for an Industrial Discharge
Permit, the terms of which shall be fully enforceable by the City. The District shall notify the
City no less than thirty (30) 'days in advance of the connection to the District Main of any
nonresidential customer or change of use by a new or existing customer that will result in the
connection of a nonresidential use to the District Main that hasnot been expressly reviewed and
approved by the City.
4. Performance Standards for Diskia_Main. The District shall establish and enforce
design and performance standards in conformance with City standards for all service lines,
collector lines and other components of the -District Maine Such standards shall address, but not
be limited to, prevention and control of infiltration, inflow, pretreatment requirements and
system reliability, and shall meet generally accepted engineering standards for public wastewater
collection systems.
1=006; FINAL
3
5. ual l eporting by District. No later than January 10th of each year of this
Agreement, the District shall provide to the City a complete and accurate list of the District's
industrial wastewater customers as of the end of the prior year, including customer name, service
address, billing address and category of customer. The District agrees to cooperate with the City
and providesuch additional information as the City may require in order to reconcile the records
of the City and the District, and to confirm the nature, extent and circumstances of wastewater
generated at or discharged from any industrial property served by the District Main .and
connected to the City Treatment Plant. The parties acknowledge that all or portions of the
information provided hereunder may constitute confidential information pursuant to the
Colorado Open Records Act or other applicable law, and agree that the City shall, as a condition
of receipt of such information, protect the same from public disclosure to the extent required by
law.
•
6. Extension of the District Main. The parties acknowledge that the District may
choose to extend the District Main in order to provide wastewater services to areas not within the
defined boundaries of the District as of the date of this Agreement S j ect to the terms and
conditions set forth herein, Fort Lupton intends that such extensions shall be allowed hereunder,
provided that the District Main is within the approved service area, or within an additional area
for which service has been expressly authorized or approved by the City Council or other
appropriate City official in accordance with the City Code. The Parties agree that in the event
said approved service areas attach to the District Main, all wastewater flows from these areas
will be metered separately and the fees and charges by the City to the District will reflect only
the wastewater flows for the District. Furthermore, the City will be responsible for all
maintenance and monitoring of wastewater flows from these approved service areas.
7. Force Majeure. The City shall provide the services as set forth herein, subject to
the general requirements applicable to the Treatment Plant by law, including the Code of the City
of Fort Lupton, as the same may from time to time be modified or amended. The City shall not
be liable for any failure, default or delay in any service provided for under this Agreement
caused by strikes, acts of God, unavoidable accidents or contingencies of any nature whatsoever
beyond its control.
8. Liability for Costs. Fees and D a.gesf The District shall be liable to the City for
any expense, loss or damage caused to the City by reason of the violation of any applicable law,
permit requirement or condition hereunder of the District, and for any direct or indirect damages
incurred by the City as a result of the discharge of wastewater from the District Main into the
Treatment Plant, including any court costs or other costs of enforcement by the City of its rights
hereunder.
9. Defaul 'es. If any Party fails to comply with the provisions of this
Agreement, the other Parties, after providing written notification to the noncomplying Party and
upon the failure of the noncomplying Party to achieve compliance within one hundred and eighty
(180) days, may seek actual damages, specific performance and injunctive relief, or forfeiture of
investment and all rights of said Party to further service by the City's Treatment Plant or to
discharges from the District Main, as applicable, but excluding any exemplary and/or
consequential damages. In the event litigation is required to enforce this Agreement, the
prevailing Party(ies) shall be entitled to payment by the defaulting Party of its/their actual
I WI WF FiNiti.. )S
4
attorneys' fees and costs incurred. Nothing in this Paragraph 11 or any other provision of this
Agreement shall, however, be'construed as a waiver of the notice requirements, defenses,
immunities, and limitations any of the Parties may have under the Colorado Governmental
Immunity Act, C.R.S. §§ 2440-101, et seq., or any other defenses, immunities, or limitations of
liability available by law, The duties and obligations imposed by this Agreement and the rights
and remedies available hereunder to the Parties hereto are in addition to, and are not to be
construed in any way as a limitation ot any rights and remedies available to them which are
otherwise imposed by law or regulation, and the provisions of this paragraph will be as effective
as if repeated specifically in the Agreement in connection with each particular duty, obligation,
right, and remedy to which they apply.
10. Suspension of Service. In addition to the remedies afforded by paragraph 9
hereof, the City may suspend the wastewater treatment service provided for in this Agreement
when such suspension is necessary, in the opinion of the City, in order to stop an actual or
threatened discharge which presents or may present an imminent or substantial endangerment to
the heath or welfare of persons, to the environment, causes pass through or interference, causes
the City to violate any condition of its isamEs Permit„ or should the District fail to appropriate
and pay to the City any amounts required by this Agreement within the one hundred eighty (180)
day notice period set forth in paragraph 9 hereof.
Upon notification of suspension of wastewater treatment service the District will
immediately stop or eliminate the discharge identified in the notice. In the event of a failure of
the District to comply voluntarily with the suspension order, the City will take such steps as
deemed necessary, including immediate severance of the sewer connection, to prevent or
minimize damage to the Treatment Plant or endangerment to any individuals or the environment.
The City will reinstate wastewater treatment service upon proof of elimination of the non-
complying discharge or payment of the amount owed. As to non -complying discharges, a
detailed written statement submitted by the District describing the causes of the
contribution and the measures taken to prevent any future occurrence will be submitted to the
City within 15 days following the date of the occurrence.
11. System Responsibilities. The District shall not be responsible for operation and
maintenance of the City's Treatment Plant. Fort Lupton shall not be responsible for the operation
and maintenance of the District Main, but the District may desire to negotiate separate
agreements with the operator of the City's Treatment Plant to provide assistance in the operation
and maintenance of the District Main. At the point of connection between the District Main and
the City's Treatment Plant, the City shall own the Metering Station (as set forth in Paragraph 23,
above). All collection and treatment improvements downstream of said Metering Station shall
be part of the City's Treatment Plant and all collection system improvements upstream of said
Metes ing Station shall be a part of the District Main except as expressly and specifically agreed
by the Parties in writing. The District shall make full payment to the City of all amounts due,
including without limitation all Sewer Treatment Development Fees, surcharge of penalty cost
incurred, monthly Sewer Usage Fees, and compliance by the District with all requirements and
conditions set forth herein. The Parties acknowledge that this Agreement is intended to
document the conditions and requirements to be met by the District in order for the City to
provide wastewater service as described herein, and that this Agreement is not intended to, and
100212006; FINAL
5
does not, impose upon Fort Lupton any obligations to the District except for those obligations
that Fort Lupton has as a general matter to its wastewater utility customers.
12. Relationship of Parties. This Agreement does not create and shall not be
construed as creating a relationship of joint ventures, partners, or employer -employee, between
the Parties. The Parties intend that this Agreement be interpreted as creating an independent
contractor relationship. Pursuant to that intent, it is agreed that the conduct and control of the
duties required by the Agreement shall lie solely with each Party respectively, and each Party
shall be free to exercise reasonable discretion in the performance of its individual duties under
this Agreement. Neither Party shall, with respect to any activity, be considered an agent or
employee of the other Party.
13. Modification of Agreement. This Agreement may be modified, amended,
changed or terminated, except as otherwise provided herein, in whole or in part, only by an
agreement in writing duly authorized and executed by both. Parties. No consent of any third
party shall be required for the negotiation and execution of any such agreement
14. Financial Obligations/Future Fiscal Years. This Agreement is not intended to
create or constitute a debt or indebtedness, whether direct or indirect, for the City or the District
within the meaning of any constitutional, charter or statutory provision or limitation.
E3CEOBIT E
("RATES AM) SURCHARGES')
1. . The extra -territorial cost to the District for the processing of wastewater is agreed
to be 200% of the City's rate for the citizens of Fort Lupton.
2. The peak rate would be imposed for situations as follows:
(a) fluent 5 day BOD concentration (mg11). Daily influent concentrations
exceeding 750 mg , or a monthly average exceeding 450 mg/1 will trigger a surcharge for
organic loading.
(b) ,uent 5 day BUD loading (lbs/day). Daily influent loadings exceeding
the District's available treatment % of the Treatment Plant's total available rated organic
capacity for this constituent, or a monthly average exceeding the District's available
treatment % of the Treatment Plant's total available rated organic capacity for this
constituent, will trigger a surcharge for organic loading,
(i) District lbs/day > District's Vu of Treatment Plant's total loading
lbs capacity went 5 day BOD loading)
(c) Influent Total Suspended Solids (TSS) concentration (mg/1). Daily
influent concentrations exceeding 500 mgil, or a monthly average exceeding 300 mg/1
will trigger a surcharge for organic loading.
(d) Influent TSS loading (lbs/day). Daily influent loadings exceeding the
District's available treatment % of the Treatment Plant's total available rated capacity for
this constituent, or a monthly average exceeding the District's available treatment % of
the Treatment Plant's total available rated capacity for this constituent, will trigger a
surcharge for loading.
(i) District lbsiday > the District's % of Treatment Plant total loading
lbs capacity (Influent TS S loading)
(e) Influent Flows. Daily influent peak flows up to two . times the monthly
average limit, while not exceeding the allowed monthly average flow permitted limit.
Additionally, if the monthly permitted average flow is exceeded, a surcharge will apply.
In addition, for every day this limit is exceeded, additional penalties will result.
(1) E.g.: If permitted monthly average is 500,000 gallons per day, and
the influent flow for one day exceeds 1,000,000 gallons per day, a stutharge is
triggered.
(ii) If monthly permitted average daily flow is 500,000 gallons per
day, and District's monthly average flow for a month results in a monthly average
daily flow o€ 529,000 gallons per day, the surcharge will. apply.
663252,1 m om4 Iona 1;47 PM
3. The surcharge rate will ewe to a 35% increase of the normal sewer charge per
1,000 gallons for the gallons that are over the meted monthly average.
Y
Y
e
16212806; FINAL. ES
2
Jjjj
NORRiS ESIGN
August 28, 2018
Michelle Martin
Weld County, Colorado
Planning & Building Department
1555 N 17th Ave
Greeley, CO 80631
Planning I Landscape Architecture I Branding
RE: PUDK18-0801 ` (Dry Creek East) Request for a PUD Change of Zone for Phase 1 of the Dry Creek
RUA, Todd Creek Village North on parcels of land described as part of Sections 35, TIN, R67W of the 6th
P.M., Weld County, Colorado.
Dear Ms. Martin:
We have reviewed and attached our responses to all comments received. We have included the following information
in this Completeness Review submittal package:
• Application Form
• Change of Zone maps
• Change of Zone Plan (8.5x11)
■ Change of Zone Questionnaire
■ Mineral resource statement
• Water and Wastewater documentation
• Certificate of Conveyance
■ Title Commitment
■ Soil Survey
■ Affidavit of Surface Estate Property Owners within 500'
■ Development Standards
■ Specific Development Guide
■ Traffic Impact Analysis
■ Drainage Report
■ Application Fees
Please let me know if you have any questions or require any additional information. We look forward to working with
Weld County through the review and approval process.
Sincerely,
Norris Design
Don Ryan
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
Narrative
Planning I Landscape Architecture I Branding
The Phase 1 property consists of approximately 80 acres of the total 530 -acre property and is located within Section
35. The property is bounded on the south by WCR 2; on the east by undeveloped Agricultural lands; on the west by
WCR 21. Phase 1 of the community is proposed for an overall gross density of 3.8 dwelling/units per acre with an
overall potential total unit count of 300 units.
The community includes neighborhoods consistent with that of the Dry Creek RUA including Suburban Residential and
Neighborhood Mixed Use. In addition, the community includes a 4 -acre Neighborhood Center; one Local Park and a
network of open spaces and trails, allconveniently located to promote the concept of inter -connected, walkable mixed
use neighborhoods.
1. Development Concept
The framework plan adopts, refines and implements the RUA policies, standards and plan. The RUA plan was followed
as closely as possible; however, the plan has been impacted by a series of limiting site factors including oil and gas
wells which have been taken into account.
Slightly denser Mixed Use Neighborhood Residential areas are located on the southwest portion of the property at the
intersection of WCR 21 and WCR 2. Suburban Residential areas are located between the Mixed Use area and the
agricultural land uses at the eastern property edge as an effort to transition density from west to east. Transitioning
densities from the south to the north has also been considered and in keeping with the Dry Creek RUA. Home types
and lot sizes will vary throughout the community and will include a blend of conventional suburban neighborhood
layouts with architectural styles that are characteristic and consistent with southern Weld County.
In addition to the residential neighborhoods, several Dry Creek RUA "Community Points" will also be located throughout
the Dry Creek East project including:
• A Local Park which will serve homes within a %% mile radius;
• Several appropriately located open spaces and which serve homes within a 1/4 mile radius;
• A system of trails and walks with the ability for future connectivity throughout the Dry Creek RUA.
2. Common Open Space
Common Open Space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated,
designated for future public or private use or enjoyment. Common Open Space shall be freely accessible to all residents
and property owners of the development. Common Open Space shall not be occupied by buildings or structures other
than those in conjunction with the use of open space, roads, or parking; nor shall it include the yards or lots of residential
dwelling units required to meet minimum lot area or parking area requirements. Utility easements and the outer 50 feet
of oil and gas buffer areas are considered open space and are a part of the open space network.
The Common Open Space for Dry Creek East includes a Local Park and appropriately located open spaces. The Dry
Creek RUA has identified an overall open space framework defined primarily by the community plan as well as by the
limiting site factors. These environmental constraints can be improved and provide key linkages to create an integrated
open space and trail network. This will ensure that the open space and trail network can tie into potential future regional
recreation and open space systems.
Included in the Common Open Space are Limiting Site Factors or areas comprised of certain physical elements that
obstruct or constrain certain types of development. Specific to Dry Creek East, these physical elements include, but
are not limited to the following uses:
• Detention Areas
• Ditch Corridors
1101 Bannock Street I Denver, Co 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
• Transmission Line Easements
• Regional Oil and Gas Easements
• Oil and Gas Distribution and Processing Facilities
Planning I Landscape Architecture I Branding
Although these elements contain factors that limit certain types of development, these areas are, nevertheless, usable
for recreational activities and parks, or other functions that cannot damage or be damaged by the limiting site factors.
Dry Creek East contains existing well sites, active and abandoned. In order to best incorporate these elements into the
Change of Zone they have been integrated with the Local Park and open spaces.
Another Common Open Space component is site buffers. Buffers are provided along the eastern property boundary.
The eastern property boundary also has storm water ponds and drainage ways integrated with the open space network
that increases the width of these buffer areas in several locations. Within the Suburban Residential Area this ensures
that there is an edge that can transition to the adjoining farmland along the boundaries and will assist in buffering the
RUA. Additional buffer areas are located around oil and gas sites, and as transitions between Mixed Use and Suburban
zones.
The following is a summary of total Common Open Space required and provided:
Common Open
Space
Use
Area (Acres)
% Required
Required Area
(Acres)
Provided Area
(Acres)
Suburban / Mixed Use Neighborhoods
79.6
15 %
11.94
13.1
Total
79.6
11.94
13.1*
*Excludes 150' of 200'setback from oil/gas well sites.
3. Residential Land Uses
Per Dry Creek RUA Section 26-4-50B, General Planned Land Uses, land uses are grouped into four land use
categories. These categories are conceptual and not intended to create vested property rights in the continuation of
any particular use, district, zoning classification, or any permissible activity therein. The Land Use categories are as
follows:
I. Mixed Use Neighborhoods;
2. Suburban Residential Neighborhoods;
3. Estate Neighborhoods;
4. Limiting Site Factors.
The Mixed Use Neighborhoods will consist of Higher Density Nodes and are intended to provide safe, proximate and
higher density activity areas that offer attached residential units, convenience goods and services to the residents of
surrounding neighborhoods. Allowable Land Uses include commercial uses similar to the uses described in Weld
County Code Section 23-3-210 (C-1, Neighborhood Commercial Zone District) including both the Uses allowed by
Right and Uses by Special Review. Residential Uses will be similar to those described in Section 23-3-130 (R-3,
Medium -Density Residential) and Section 23-3-140 (R-4, High -Density Residential), including both Uses allowed by
Right and Uses by Special Review. Both the commercial and residential uses include, but are not limited to the
following:
• Stores and shops which furnish personal services and merchandise primarily intended for personal, family, or
household purposes by the residents of the area in which the use is located
• Restaurants
• Schools and Public School extension classes
• Public Recreational Facilities, Community Buildings, Museums, and Libraries
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
• Police and Fire Station Facilities
• Offices
• Utility Service Facility
• Child Care Center
• Places of Worship
• Clubhouse and Recreational Facilities
• Attached Dwelling Units
• Group Home Facility
Planning I Landscape Architecture I Branding
The Suburban Neighborhoods will be cohesive, identifiable, and diverse, while still integrated into the regional context
of the surrounding area. Each neighborhood will have an inter -connected network of local streets that provide access
to local destinations. Residential uses occurring in the Suburban Neighborhood should meet the requirements set in
Weld County Code Section 23-3-110 (R-1, Low -Density Residential Zone District) and Section 23-3-120 (R-2, Duplex
Residential Zone).
The Estate Neighborhoods are intended to provide an appropriate transition from more intensive development to
existing rural/agricultural areas There are no Estate Neighborhood areas planned in Phase 1.
The Limiting Site Factors land uses were discussed in depth under Item #2 above.
The following Land Use Summary includes the proposed residential unit mix by Neighborhood Type:
RUA
Designation
Residential Land
Uses Allowed
Average
Density
(DUIAC)
Planned Unit
Count
% of Total
Estate
SFD
nla
0
-
Suburban
SFD
5.5
150
50%
Mixed Use
SFD and SFA
Up
to 20.0
150
50%
Total
300
100%
4. Employment
We are assuming that the small mixed use Neighborhood Center which includes approximately 30,000 sq. ft. would
generate the equivalent of 19 new full time employees (FTEs) at a ratio of 1 employee per 1,600 sq. ft.
5. Water Service
The Dry Creek East project is located within the current Todd Creek Village Metropolitan District (TCVMD) Service
Area. The Developer is working with TCVMD for the extension of infrastructure to provide both potable and irrigation
water service to the Dry Creek East project.
6. Sewer Service
The Dry Creek East project is within the area governed by an Intergovernmental Agreement (IGA) between TCVMD
and the City of Ft. Lupton. Service will be provided by TCVMD pursuant to that IGA. The Developer is working with
TCVMD for the extension of infrastructure.
7. Vehicular Circulation
Externally, Dry Creek East is bounded by several arterial roads including:
• WCR 2 (E -W road along the site's southern boundary)
1101 Bannock Street I Denver, Co 80204 www.norris-design.com
jjjj
NORMS DESIGN
• WCR 21 (N -S road along the site's western boundary)
Planning I Landscape Architecture I Branding
Internally, the street network has been refined to include an 60' ROW street system that follows the RUA framework
for access and connectivity. The system of internal local streets will be served by local streets with connectivity to the
existing arterial streets bordering the site on the west and the south. Points of ingress and egress will provide good
external access along with good internal neighborhood connectivity. In addition to these major accesses, we anticipate
the need for a right-in/right-out access along the WCR 2 frontage in order to help alleviate cut -through traffic from the
Neighborhood Center to the residential neighborhoods.
8. Stormwater Drainage
The Dry Creek East community will provide storm drainage facilities in accordance with Weld County Storm Drainage
Criteria. The site historically slopes and flows in an easterly direction toward the South Platte River. The conceptual
drainage design will follow historic patterns and continue to flow east toward the South Platte River. Please see the
Drainage Report included with this submittal for more information.
9. Soils
Per the following excerpt is taken from the Geologic Hazards and Mineral Extraction Evaluation prepared by Earth
Engineering Consultants, Inc. dated 1/29/2010:
The United States Department of Agrisulture Soil Conservation S Lave.," map ,describes
the surficia1 soils mainly as clays and fine sands. The surf -kin] soils are generaity
classified as exhibitinglow to moderate erosion potentials t h nonaswelling to moderate
_shrin.k/sio,ren potential. In general, the near surface soils at this site appear to =IF from
low to moderate plasticity clay and clayey sand soils with varying amounts of slit. Areas
of nonscohesive to low cohesive materials exist ion the parcel and may be susceptible to
erosion. Aquas and Aquepts Soils which are flooded, wetland type soil are identified
within the central portion of ect on 3 5. 'This area likely would have shallow
groundwater andlor natural springs) and ma.y require particular icular attention prior to
development eot cIrn cal investigation should be conducted at each proposed
building site to identify if these conditions exist.,
10. Natural Features
Dry Creek East is within the South Platte River Basin and the natural features are primarily defined by the hydrology
of the Platte River and Big Dry Creek. The site is primarily comprised of rolling agricultural lands drained by irrigation
ditches and by Big Dry Creek and the South Platte River. Dryland farming and irrigated cropland are the primary land
covers and there are few areas of natural grasslands. Big Dry Creek and the South Platte River are significant regional
wildlife corridors with significant riparian vegetation and wetland habitat. Wetland habitat also occurs along some
sections of the Brantner and Brighton Irrigation ditches as they traverse through the region. The Phase '1 site itself is
not directly adjacent to these larger basins and is generally described as rolling farmlands.
11. Commercial Mineral Deposits I Oil and Gas Facilities
The applicant has obtained Surface Use Agreements with the oil and gas provider for portions of the property. Please
refer to the Title Report for a complete list of mineral rights SUAs, leases and agreements.
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
jjjj
NORMS DESIGN
Planning I Landscape Architecture I Branding
Oil and Gas Setback
Per Weld County policies, which allows oil and gas setbacks to be determined as part of the PUD process, the proposed
Phase 1 PUD establishes a 200 foot setback from all oil and gas facilities affecting this parcel, including an outer 50
foot usable landscape and trail buffer area. All historic surface use agreements and leases reference setbacks of 150
feet and 200 feet, as shown on the attached Howard -Rule Composite Oil and Gas Exhibit and Anadarko Exhibit B2.
12. Site Constraints
The following is a summary of how the PUD will meet the applicable regulations:
• Floodplain Areas
This is not applicable as there are no Floodplain Areas within the boundaries of the Dry Creek East Change
of Zone.
• Geological Hazards
Per the following excerpt taken from the Geologic hazards and Mineral Extraction Evaluation prepared by
Earth Engineering Consultants, Inc. dated 1/29/2010:
Based on the conditions observed and researched, there r c are no apparent significant
geologic hazards on the property. Gcotechn cal investigations are recommended for each
building site to identify shrink/swell potential in the :soils s and/or bedrock strata. Pre -
mitigation radon control methods, such. as sub -slab piping, s well asradon tests are
recommended. Based on these wad ; duns and our observations, it is our opinion that the.
e
development intended is corgi, 3 tible .th the geologic con,d r t io at the site.
The data presented herein were collected to help. determine the feasibility of this project.
Professional judgments on design alternatives and criteria arc presented in this report..
These are based on evaluation of technical information gathered, partly on our
understanding andin of the characteristics of the development proposed, and partly on our
experience with .geologic conditions in the area. We do not guarantee the performance of
the project in any respect, only that our geologic study. and judgments rendered meet the
standard of care of our profession*
• Airport Overlays
This is not applicable as there are no Airport Overlays within the boundaries of the Dry Creek East Change of
Zone.
• RUA Impacts
The Dry Creek East Change of Zone adopts, refines and implements the RUA policies, standards and
plan. The RUA plan was followed as closely as possible; however, the plan has been impacted by a series of
limiting site factors including oil and gas wells which have been taken into account. In addition, the RUA local
collector street network has been refined to include a system that follows the RUA framework for access and
connectivity.
• IGA Impacts
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
Planning I Landscape Architecture I Branding
The existing Inter -Governmental Agreement (IGA) with the City of Ft. Lupton and the Todd Creek Village
Metro District (TCVMD) will provide for sanitary sewer and water services for the proposed Phase I area.
13. Landscape Plan
The framework for the Conceptual Landscape Plan is defined primarily by the limiting factors of the site. These site
constraints have been carefully integrated into the overall development and will provide key pedestrian linkages and
an integrated trail and open space network. By doing this, we are able to design a usable network that will connect
potential future regional recreation and open space systems to adjacent properties.
The Conceptual Landscape Plan for Dry Creek East is a combination of both parks and trail corridors that link together
to form an interconnected system through the development. This system connects both visually and physically to the
dedicated open spaces that are located throughout the site. By doing this, we are encouraging pedestrian movement
through the site while allowing opportunities for smaller more intimate gathering places and focal points for each
neighborhood. The proposed landscape plan illustrates the Common Open Space and the Local Park Area. Generally,
parks have been design per the RUA criteria as follows:
• Open Spaces - These are small parks that are provided by the developer of a subdivision and maintained by
the development. They provide opportunities for passive outdoor recreation at a sub -neighborhood scale.
• Local Parks — Local Parks provide places for informal recreation and gathering places within walking distance
of most residences (1/2 mile). Theses parks may include multi -use lawn areas, picnic areas, playground
equipment, small court games, community gardens, and recreational fields and facilities as appropriate.
Conceptual vignettes of these park areas have been included as part of the Dry Creek East Change of Zone
Landscape Plan submittal.
14. Environmental Impacts
Environmental Impacts to Dry Creek East are fairly minor due to the site being located in an area historically used for
agriculture and farming. Concerns such as heavy industrial and commercial uses are not present in proximity to the
site. Issues regarding vibration, smoke, odors, heat, light, glare, aesthetics, pollution, wetland removal, solid waste and
wildlife removal are not a concern above normal background levels.
Specific site impacts include:
• Oil and Gas Operations
• Ranching Operations
• Electric Transmission Lines
• Periphery Traffic Noise
• Seasonal Agricultural Operations (Dust and Odor)
• Ditch Company Operations
• Stormwater Runoff and Erosion Protection
• Grading Operations
• Water and Sewer Provisions
Oil and Gas Operations: Operation areas have been identified on the Change of Zone and are controlled by existing
SUA's or leases. The operation areas include 200 foot setbacks for wells and associated facilities, including a 50 foot
usable landscape and trail buffer area. Housing will not be allowed in these established setbacks. All pipelines will be
buried in easements created for their use.
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
Planning I Landscape Architecture I Branding
Ranching Operations: Existing commercial ranching operations (other than smaller hobby ranching) will not be present
in the area when residential development occurs.
Electric Transmission Lines: Existing overhead transmission lines, including local service lines along WCR 21 and the
WAPA transmission line, will remain. Housing adjacent to these lines will be setback as appropriate. All future internal
electric distribution lines will be buried.
Periphery Traffic Noise: Housing will be setback and buffered by mounding, fencing and landscape buffers as
appropriate to mitigate noise impacts from WCR 2 and WCR 21. Housing will be setback from internal collector roads
as well. Speeds on the collectors will be minimized thru appropriate traffic calming measures to mitigate noise.
Seasonal Agricultural Operations (Dust and Odor): The primary concern from agricultural operations will be dust (and
to a minor extent, odor). Residential sales strategies will include educational information to inform future residents of
the nature and importance of farming in the area. A majority of suburban development in the Front Range creates
housing adjacent to historic agricultural uses with successful results.
Ditch Company Operations: Development will occur in a manner that recognizes the rights of the ditch company and
adequate provision will be made for their continued operation. Impacts to residential uses are very minor.
Stormwater Runoff and Erosion Protection: Development will occur in conformance with Federal, State and Local
standards regarding stormwater and erosion protection. Impacts to residents will be minor and impacts to off -site areas
will be mitigated.
Grading Operations: Most grading will occur prior to occupancy. In the areas where additional phased grading occurs
after homeowner occupancy, development must conform to erosion protection standards regarding dust and other
matters. Once grading is complete no future impacts remain.
Water and Sewer Provisions: Water and Sewer will be provided by regional District/City services. No onsite residential
water wells or septic systems will be allowed within Phase 1.
Radiation/Radioactive Material: Per the Geologic Hazards and Mineral Extraction Evaluation prepared by Earth
Engineering Consultants, Inc. dated 1/29/2010, no radiation hazards exist on the site.
Traffic Impacts: Please refer to the submitted Traffic Impact Study prepared by LSC Transportation Consultants.
15. Service Impacts
The PUD development will plan for and accommodate the following service impacts:
• Law Enforcement
A Law Enforcement District (LED) with the authority to collect up to 7 additional mills for services is proposed
in the application area to supplement capital and operational revenues necessary to serve suburban level
development. Additionally, there are ongoing conversations about a possible land dedication for a new Sheriff
or Sheriff and Fire shared substation in future phases.
• Fire Protection and Ambulance
The Greater Brighton Fire Protection District (Brighton Fire) will service the application area. Brighton Fire in
turn contracts with Platte Valley Emergency Medical Services to provide a 911 medical responder, 24 hours
a day, and 7 days a week. Platte Valley operates several Advanced Life Support (ALS) ambulances, staffed
with an EMT -Basic and Paramedic, and a supervisor vehicle is used as a resource for the EMS fleet. In
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
Planning I Landscape Architecture I Branding
addition, there are ongoing conversations about a possible land dedication for a new Fire or Fire and Sheriff
shared station in future phases.
• Transportation
Dry Creek East lies within a 10 -minute driving radius to three major U.S. interstates or highways including
Interstate 25 (1-25) to the west, U.S. 85 to the east and E-470 to the south. These three established regional
highways provide quick and easy access to/from the site and major regional centers such as Denver
International Airport (DIA), Downtown Denver, Fort Collins, and Greeley. Dry Creek East is therefore situated
in a proven and well -established transportation corridor. Additionally, several proposed and funded future
transportation improvements are scheduled for the region. These improvements, when constructed, will make
overall transportation access in the community even more suitable for phased growth.
• Roadways
Please refer to the Traffic Study prepared by LSC Transportation Consultants. A detailed geotechnical
investigation will be performed. The investigation will determine the design and pavement type and thickness
based on proposed traffic loads and actual soil conditions.
• Other Service Providers Include:
Electric — United Power
Natural Gas — Xcel Energy
Cable Telephone — Comcast, Qwest, or Other
16. Roadway Build -Out
Please refer to the Traffic Study prepared by LSC Transportation Consultants.
17. Cash -in -Lieu
The applicant will work with the respective School District to select a location for required school facilities in future
phases. Satisfaction of land dedications or cash in lieu requirements will be formally defined during the Change of Zone
process and are required for Final Plat approval.
18. Agriculture
New development will recognize and accommodate the traditional and future operational viability of existing water
delivery infrastructure. Water and the irrigation delivery systems will be regarded as a critical component of the
agricultural heritage and continued productivity of the land. This development will also respect the continuation of
agricultural land uses and operations in the area surrounding the Dry Creek RUA by maintaining the County's "Right
to Farm" policies, which protect farmers and ranchers from nuisance and liability lawsuits and enables them to continue
producing.
19. Archeological, Cultural and Historic Resources
It is a goal to preserve and protect archeological, cultural and historic resources within the Dry Creek RUA. Protection
and preservation of Limiting Factor Areas will be consistent with those outlined in Subsection 22-5-110.F of the Code.
Developers will contact the Colorado Office of Archeology and Historic Preservation (OAHP) regarding the preservation
and protection of any potentially significant archeological, cultural or historic artifact encountered during construction.
20. Landscaped Medians and Roadsides
All major arterials will incorporate landscape design features upon completion. Approved Dry Creek RUA street
sections will be followed for median and landscape setback widths along rights -of -way. The following design policies
relate to the visual quality of these roadways:
■ Integration of Roadside Planting: Plantings along road rights -of -way shall be integrated with the rest of the site.
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Jjjj
NORRiS ESIGN
Planning I Landscape Architecture I Branding
• Compatibility with Existing Zoning: Required landscaping and screening within the landscape setback and other
portions of the property shall be governed by the landscape standards in Chapters 23 and 24 of the Code.
■ Screening of Adjacent Uses through Landscaping, Berming and Clustering: Uses adjacent to Weld County Road
21 will be screened through best practice landscape treatments including, but not limited to: landscaping, berms,
tree clustering, fences and high -intensity planting.
• Maintenance: Maintenance of landscaping in landscaped medians and along roadsides shall be by a
metropolitan district or other approved entity.
21. Groundwater
Proposed development within the Dry Creek RUA will preserve, protect and improve groundwater aquifers and local
areas of high groundwater. The Dry Creek RUA water provider will be encouraged to educate residents about behaviors
and consequences, and proper storage, use and disposal of chemicals, petroleum products, cleansers, fertilizers,
pesticides and any other solid and liquid household product or hazardous waste that could pollute surface water or
groundwater, drinking water wells, fish and wildlife habitat, or the general health and welfare of the public if
unintentionally released into the environment. Development will be permitted and performed in accordance with Section
401 of the CWA, and the rules and regulations as administered by EPA and CDPHE. Contractors and residents will be
required to adhere to the PDES and Colorado SPCC regulations. Site developers and/or construction contractors
working within the Dry Creek RUA will obtain a general and/or specific Stormwater Discharge Permit as appropriate to
the situation if any discharges of stormwater into receiving waters are anticipated or proposed. Site developers and/or
construction contractors will obtain, develop and manage a Stormwater Management Plan (SWMP), adhere to any
reporting requirements and make said plan available to all employees and CDPHE.
22. Wildlife
Development within the Dry Creek RUA will preserve and protect wildlife and enhance wildlife habitat. Identify, preserve
and protect critical habitat of federally listed threatened, endangered, and candidate species (i.e., "Critical Habitat")
and unique nesting, breeding or spawning areas of State -listed species of special concern (i.e., "Sensitive Habitat"),
and abide by the following Federal and State laws governing their protection. To the greatest extent possible,
development within the Dry Creek RUA will preserve habitat that provides essential life requisites of food, water, cover
and space and adhere to State statutes and regulations regarding general game and nongame wildlife that are not
afforded greater legal protections by the County, State or Federal governments. Development will conserve mature
trees that add character to the community and provide habitat for wildlife; support the conservation of mature trees and
native species to the extent possible and encourage the incorporation of these features as amenities in future
neighborhoods. Invasive species will not be preserved.
23. Vegetation
Development within the Dry Creek RUA will encourage healthy and diverse native plant communities and preserve and
protect unique plant species. Development will identify, preserve, and protect critical habitat of federally -listed
threatened, endangered and candidate plant species (i.e., "Critical Habitat") in accordance with the ESA and protect
critical habitat of State -listed threatened and endangered plant species (i.e., "Sensitive Habitat"). Development will also
encourage the eradication, control, containment and management of noxious and restricted weeds in accordance with
these Acts and programs.
1101 Bannock Street I Denver, CO 80204 www.norris-design.com
Todd Creek Village North: Change of Zone Specific Development Guide
TODD CREEK VILLAGE NORTH — SPECIFIC DEVELOPMENT GUIDE
PUDK16-0001
COMPONENT ONE: ENVIRONMENTAL IMPACTS
1.1 Noise and Vibration
A temporary increase in noise and vibration will occur during the construction phases of the
development. Hours of construction operations and mitigation techniques will be instituted to
minimize these temporary impacts.
1.2 Smoke, Dust and Odors
Similar to the impacts above dust will be generated during the construction phase. Again, these
impacts are considered temporary and regulatory steps will be taken to minimize dust created by
construction (e.g. Fugitive Dust Control Measures) in accordance with Weld County regulations
1.3 Heat, Light and Glare
New residential construction will increase heat, light and glare in the short term. In accordance
with the Landscape Plan, significant tree plantings and the growth of the tree canopies will
contribute to an overall reduction in heat, light and glare over time.
1.4 Visual/Aesthetic Impacts
The existing condition of the site is non -urbanized, undeveloped with general agricultural and oil
and gas exploration uses. Development will inherently change the visual appearance of the
property. The site will be transformed to a well -designed community with a variety of vegetation
and landscape areas that will be aesthetically pleasing. Plans for the community will include
creating generous landscape edges and buffers that will work to blend and transition the
community into the existing surroundings and limit the visual impact of the Todd Creek Village
North development from the surrounding landscape. (Refer to Landscape Plan for examples.)
1.5 Electrical Interference
There are no land uses proposed that would introduce electrical interference.
1.6 Water Pollution
The use of water quality ponds will be used to act as filtration of pollutants, fertilizers, sediment
control and environmental changes due to development. Oil and gas production will remain an
existing and potential future use subject to regulatory standards to prevent discharge.
1.7 Wastewater Disposal
Domestic wastewater is to be provided by the Todd Creek Village Metropolitan District through its
IGA with Fort Lupton for sewage treatment. The Applicant has entered into a Water and Sewer
Service Agreement for the property and the Developer will work with TCVMD for the extension of
infrastructure. (Refer to Water and Sewer Service Agreement)
1.8 Wetland Removal
There are no wetlands on the property.
Todd Creek Village North: Change of Zone Specific Development Guide
1.9 Erosion and Sedimentation
Measures to prevent erosion and sedimentation will be implemented. During construction
activities, erosion control measures will be applied. Grading will be mitigated by revegetation to
ensure limited erosion. Best Management Practices (BMP's) will be utilized during construction.
Construction will be phased and disturbed areas re -vegetated. Detailed grading and erosion
control plans will be submitted at time of platting. NPDES requirements dictate that a storm water
discharge permit will need to be obtained from Colorado Department of Health. A copy of the
NPDES permit will be provided to Weld County Public when construction plans are complete and
the applicant is ready to begin moving earth.
1.10 Excavating, Filling and Grading
Some over lot grading will be required; and the community will be designed to balance cuts and
fills as to minimize importation or of material, however, some fill will be required for Phase 1.
1.11 Drilling, Ditching and Dredging
There are existing oil and gas well sites located within the development. Per Weld County
policies, which allows oil and gas setbacks to be determined as part of the PUD process, the
proposed Phase 1 PUD establishes a 200 foot setback from all oil and gas facilities affecting this
parcel, including an outer 50 foot usable landscape and trail buffer area. All historic surface use
agreements and leases reference setbacks of 150 feet and 200 feet, as shown on the attached
Howard -Rule Composite Oil and Gas Exhibit and Anadarko Exhibit B2. No existing irrigation
ditches are present within the Phase 1 property, and no new irrigation ditches are planned.
1.12 Air Pollution
Vehicle trips will increase with development, which will increase the level of auto emissions.
Several elements are proposed to mitigate some of that increase. The overall roadway and trail
connectivity presented on the Change of Zone Plan will provide efficient circulation. A trail system
is planned to encourage walking throughout the development. The planting of street trees will
contribute to a reduction in air pollutants and lower ambient air temperatures.
1.13 Solid Waste
Fees for trash collection will be part of the District duties to contract with a solid waste
management provider. Removal and disposal of any on -site debris during the construction will be
the responsibility of the developer.
1.14 Wildlife Removal
The site inventory prepared by Ecos Ecosystems LLC indicates that the existing site does not
provide any natural habitats that are representative of sensitive species. If specific solutions for
wildlife management and animal control are needed as development occurs, they will be
addressed at that time. (Refer to Initial Site Assessment Update)
1.15 Natural Vegetation Removal
Existing trees on the site are limited, and most are within the required right of way dedications
adjacent to existing roads, Efforts will be made to save and replace trees when possible.
Conversion of this area to urban development will require removal of the sparsely vegetated
prairie grass; however, mitigation with an urban planting scheme will be implemented as a
replacement and a benefit to the environment.
1.16 Radiation/Radioactive Material
Todd Creek Village North: Change of Zone Specific Development Guide
There are no plans to introduce radiation or radioactive material to the community with the
proposed land uses.
1.17 Drinking Water Source
The Todd Creek Village North project is located within the current Todd Creek Village
Metropolitan District (TCVMD) Service Area. The Applicant has entered into a Water and Sewer
Service Agreement with TCVMD for the property and the Developer will work with TCVMD for the
extension of infrastructure to provide both potable and irrigation water service to the Todd Creek
Village North project. (Refer to Water and Sewer Service Agreement)
1.18 Traffic Impacts
Refer to the Traffic Study prepared by LSC Transportation Consultants (under separate cover)
where traffic generation, traffic impacts and mitigation improvements are discussed. Major
roadways in the vicinity of the site are described including WCR 2, WCR 6, WCR 19, WCR 21,
and WCR 23.
The study indicates that the site will generate approximately 5,199 vehicle trips on an average
weekday at full build -out during a 24 -hour period. Traffic control, lane geometry and roadway
classifications for the proposed roadway system in the study area are described in the civil plans
and the traffic study. Additionally, off -site and/or regional improvements are identified within the
Traffic Study and will be identified in an Improvement Agreement with the County.
COMPONENT TWO: SERVICE PROVISION IMPACTS
2.1 Schools
The site is located in Brighton 27J School District. During the referral process Brighton 27J
indicated that they have no plans to build school facilities within the Todd Creek Village North
PUD. Brighton 27J requested cash -in -lieu of land dedication. Within the Todd Creek Village North
PUD, the Developer has reserved future phase parcels within Brighton 27J for a potential school
or park. If future market conditions warrant the Developer may explore the possibility of a charter
school. In addition to cash -in -lieu, the Developer agrees to working with the School Districts in the
establishment of a reasonable Capital Facility Fee to offset some of the initial startup costs and
impacts to each School District as a result of the Todd Creek Village North PUD.
Additionally, we have met with the School District regarding bus stop locations and received the
general guidelines below. We will continue to work with the District as the project progresses.
• The District prefers to have pickups in a park, common area or at another public school.
• If the stop is not located in a common area there must be a sidewalk.
• The area must be well -lit.
2.2 Law Enforcement
Sheriff John Cooke testified before the BOCC during the RUA process that the Sheriff's
Department can successfully serve the proposed Change of Zone area and he also submitted a
letter of support for the Dry Creek RUA. A Law Enforcement District (LED) with the authority to
collect up to 7 additional mills for services is proposed in the application area to supplement
capital and operational revenues necessary to serve suburban level development.
2.3 Fire Protection
Todd Creek Village North: Change of Zone Specific Development Guide
The Greater Brighton Fire Protection District (Brighton Fire) will service the application area.
Brighton Fire in turn contracts with Platte Valley Emergency Medical Services to provide a 911
medical responder, 24 hours per day/7 days per week. Platte Valley operates Advanced Life
Support (ALS) ambulances, staffed with an EMT -Basic and Paramedic, and a supervisor vehicle
is used as a resource for the EMS fleet. As demands increase the Todd Creek Village North
development will continue to work with the District to ensure appropriate fire protection for the
development.
2.4 Ambulance
See 2.3 above. In previous referral letters, Brighton Fire has indicated the District can provide
services to the proposed Change of Zone area.
2.5 Transportation
Primary access is from WCR 21 and WCR 2. A copy of the Traffic Study is attached under
separate cover.
The PUD establishes a logical and functional hierarchy of streets that will provide interconnected
access for various modes of transportation through the development. The Plan demonstrates a
system of well-connected streets and pedestrian paths designed to discourage high speed traffic
and encourage convenience and safety. The Plan provides a circulation system that is easy for
emergency services to maneuver.
Todd Creek Village North lies within a 10 -minute driving radius to three major U.S. interstates or
highways including Interstate 25 (1-25) to the west, U.S. 85 to the east and E-470 to the south.
These three established regional highways provide quick and easy access to and from the site
and major regional centers such as Denver International Airport (DIA), Downtown Denver, Fort
Collins, Greeley and Boulder. Todd Creek Village North is therefore situated in a proven and well -
established transportation corridor.
Additionally, several proposed and funded future transportation improvements are scheduled for
the region. These improvements, when constructed, will make overall transportation access in the
community even more suitable for phased growth.
(Refer to Traffic Impact Analysis under separate cover.)
2.6 Traffic Impact Analysis
A copy of the Traffic Study is attached under separate cover. Todd Creek Village North will be
responsible for improvements including travel lanes, shoulders, curb, gutter and sidewalks
consistent with standards established in the Todd Creek Village North PUD.
(Refer to Traffic Impact Analysis under separate cover.)
2.7 Detailed Drainage Study►
A copy of the Todd Creek Village North Drainage Study has been included with this resubmittal.
(Refer to the Drainage Report under separate cover.)
2.8 Utility Provisions
Potable Water
Non -Potable Water
Sewer
Electrical
Gas
Telephone
Todd Creek Village Metropolitan District
Todd Creek Village Metropolitan District
Todd Creek Village Metropolitan District
United Power
XCEL Energy
CenturyLink Communications
Todd Creek Village North: Change of Zone Specific Development Guide
(Refer to the Utility Provider letters)
2.9 Water Provisions
Potable and non -potable water delivery is to be provided by the Todd Creek Village Metropolitan
District. (Refer to the Water and Sewer Service Agreement)
2.10 Sewer Disposal Provisions
Domestic wastewater is to be provided by the Todd Creek Village Metropolitan District through its
IGA with Fort Lupton for sewage treatment. (Refer to Water and Sewer Service Agreement)
2.11 Structural Road Improvements Plan
The internal vehicular circulation plan is included in LSG Traffic Impact Analysis included with this
submittal. The plan provides for well -organized vehicular circulation and access, as well as safe
pedestrian trail access throughout. As part of the approved Dry Creek RAJA and included in this
Change of Zone Plan, a hierarchy of street cross sections were developed and included in this
application. The illustrations indicate where each roadway type will occur on site. It is the
developer's intent to work with Weld County Public Works and Adams County to establish an
improvement schedule for adjacent County Roads (WCR 21 & WCR 2).
COMPONENT THREE: LANDSCAPING ELEMENTS
3.1 Landscape Plan
The Change of Zone landscape plan for Todd Creek Village North is a combination of open
spaces, a park, neighborhood greens, and green linkages forming an interconnected trail corridor
through the development. Tree clusters, berming and landscape treatment provide a unique
streetscape and open up views to the focal points within the community. Conceptual landscape
vignettes have been prepared as a part of this submittal to depict general treatments and
programming of open spaces, park, buffers, fences and other landscape elements.
(Refer to the Landscape and Signage Plans and Illustrative Plan Graphics)
3.2 Buffering, Screening, Perimeter Treatment
The buffer and perimeter treatment for Todd Creek Village North will carry out the idea of rolling
terrain, meandering sidewalksitrails and clustered informal tree spacing to capture and enhance
views as appropriate. A diversity of land forms and plant material will be utilized throughout the
buffer to create a unique character. A 35 wide minimum buffer will be used to transition uses and
provide native landscape edge buffer treatment along the east property line and between
planning areas. Vignette graphics included in this submittal show conceptual landscape
treatments along WCR 21 and WCR 2.
(Refer to the Landscape and Signage Plans and Illustrative Plan Graphics)
3.3 Maintenance
All landscape elements within the Todd Creek Village North community will be maintained by the
Metro District. A more detailed maintenance plan will be developed at Final Plat for this phase of
the development.
3.4 On -Site Improvements Agreement
-5--
Todd Creek Village North: Change of Zone Specific Development Guide
Landscape areas, parks, public open space, landscaped right-of-way and common landscape
elements shall be maintained by the Metro District. Individual lot landscape shall be subject to site
plan review and installed and maintained by the individual homeowner or the homebuilder.
3.5 Irrigation Water
The Todd Creek Village North community is located within the current Todd Creek Village
Metropolitan District (TCVMD) Service Area. The Applicant has entered into a water and Sewer
Service Agreement with TCVMD for the property and the Developer will work with TCVMD for the
extension of infrastructure to provide both potable and irrigation water service to the Todd Creek
Village North community.
(Refer to Water and Sewer Service Agreement)
COMPONENT FOUR: SITE DESIGN
Per Dry Creek RUA Section 26-4-50B, General Planned Land Uses, land use is grouped into land
use categories. These categories are conceptual and not intended to create vested property
rights in the continuation of any particular use, district, zoning classification, or any permissible
activity therein. The Land Use categories within this Phase 1 are as follows:
1. Limiting Site Factors
2. Mixed Use Neighborhoods
3. Suburban Neighborhoods
The Mixed -Use Neighborhoods will consist of Higher Density Nodes, which provide safe,
proximate and higher density activity areas that offer convenience goods and services to
residents and surrounding neighborhoods. Consistent with Section 26-4-50 of the Weld County
Code, allowable land uses include commercial uses generally similar to the uses described in
Weld County Code Section 23-3-210 (C-1, Neighborhood Commercial Zone District) including
both the Uses Allowed by Right and uses by Special Review. Residential Uses will be similar to
those described in Section 23-3-130 (R-3, Medium -Density Residential) and Section 23-3-140 (R-
4, High -Density Residential), including both Uses Allowed by Right and Uses by Special Review.
The Suburban Neighborhoods will be cohesive, identifiable, and diverse, while still integrated into
the regional context of the surrounding area. Each neighborhood will have an inter -connected
network of local streets that provide access to local destinations. Consistent with Section 26-4-50
of the Weld County Code, residential uses occurring in the Suburban Neighborhood are generally
similar to the uses set in Weld County Code Section 23-3-140 (E, Estate Zone District), 23-3-11-
(R-1, Low -Density Residential Zone District) and Section 23-3-120 (R-2, Duplex Residential
Zone). The lot type diversity within the suburban neighborhood may consist of the following:
• Lot Type 60: Single-family detached lots with 60 -foot wide minimum lot widths with a
typical depth of 120 -feet for a total lot area of 7,200 SF.
• Lot Type 50: Single-family detached lots with 50 -foot wide lot widths with a typical depth
of 110 -feet for a total lot area of 5,500 SF.
• Lot Type 40: Single-family detached lots with 40 -foot wide lot widths with a typical depth
of 100 -feet for a total lot area of 4,000 SF.
Todd Creek Village North: Change of Zone
Specific Development Guide
Residential Unit Mix b
Neighborhood T
RUA
Designation
Residential Land
Uses Allowed
Average
Density
(DU/AC)
Unit Count
% of Total
Suburban
SFD
3.7
150
50%
Mixed Use
Varies
20.0
150
50%
Total
300
100%
Units may shift from one planning area to another planning area as long as the total unit count
does not exceed 300. Additionally, densities are shown as averages and may be exceeded in any
given planning area as long as the total unit count does not exceed 300.
The following is a summary of total percent of lots by lot size range per Neighborhood Type:
Mixed Use Neighborhood Summary:
Lot Size
Range
Total Mixed-
Use Lots
% of Mixed
Use
Neighborhood
% of Total
Lots
< 4,500 SF
150
100%
50%
Total
150
100%
50%
Suburban Nei . hborhood Summar
.
Lot Size Range
Total
% of
% of Total
Suburban
Suburban
Lots
Lots
Neighborhood
> 6,000 SF
60
40%
20%
4,500 — 6,000 SF
50
33%
17%
<4,500 SF
40
27%
13%
Total
150
100%
50%
Overall Summary:
Lot Size Range
Suburban
Neighborhood
Mixed Use
Neighborhood
% of Total
Lots
> 6,000 SF
20%
i
0%
20%
4,500 — 6,000 SF
17%
0%
17%
<4,500 SF
13%
. 50%
63%
Total
50%
50%
100%
In addition to the above detail on the various Lot Type diversity and distribution per
Neighborhood, below are typical Lot Diagrams which depict the proposed size and typical
setbacks. (Refer to the Change of Zone Plan)
Todd Creek Village North: Change of Zone Specific Development Guide
Mixed Use Neighborhood Typical Lots:
I 20'
r
1
I
I
L
a.
O
8
0' ALLEY
SETBACK
Fe
-IJ
a
M
WIC.TH n:
n I
- RON T:
Al I FY
SETBACK
25'X80' Du
J
X
0' ALLEY
SF TRACK
T
I --
I
C
*kvvI [
I 1
7I -Y
O
Al
= CO'
a UJ 0
I Q
CO t a {!} ails'
o45;611
Id J_
Z m:st
-
tsi
C31
—I�
ter` m
TI -I ; u`) `in
�- J
15' FR OIL T
SE`1-BACK II
Suburban Neighborhood Typical Lots:
REAR SETS ACK
#51
WIDTH
1
I
1
1
I
P a m
I r -
I J
1
I
I
I
1
I sop
p1 r- LOT S1OTH
15'
FRONT SETBACK
d° SETBACK
20' REAR SETBACK
i _
M
Front Load
ICJ
3
7fl'X80'
O' ALLEY
SETCACK
15'' FRONT
SEtBACK I
T O
-- ---iT---S--S
201, REAR
SETBAOC I
TAM
I -I
II
X 1 lEim
ei Mkt
.4 illij
a 'limn
I I
1 '
I '
SD' I
TYR- LOT Lt p
!'T SETBACK;
20 REAR SETBACK
50' Front Load
Li
t�5
tm
MP ale
LJl
L
94=
15' REAR II
SETBACK
Front
tie ILAR
SETBACK '
r ,1
I
I
Load
Todd Creek Village North: Change of Zone Specific Development Guide
4.1 Features Unique to the Site
• Integration with the existing oil/gas well sites and easements;
• Creation of park, open spaces and trails network;
• Architectural design of residential and commercial structures that incorporate a theme.
4.2 Consistent with the Goals and Policies of the RUA
Refer to Component 7: RUA Impacts for detailed information regarding consistency with the
Goals and Policies of the RUA.
4.3 Uses Compatible within the PUD Zone District
All of the Todd Creek Village North use components are consistent with the Dry Creek RUA.
Adherence to the Development Standards will minimize any conflicts between land uses.
4.4 Uses Compatible with Land Uses Surrounding the PUD Zone District
Plans for the community include creating landscape edges that will work to blend and buffer the
community into the existing surroundings.
4.5 Compatibility with Flood Hazard/Geologic Hazard
There are no Flood Hazard/Geologic Hazard areas within the Todd Creek Village North
comm unity.
COMPONENT FIVE: COMMON OPEN SPACE USAGE
5.1 Common Open Space Regulations
Common Open Space is defined as any usable parcel of land or water essentially unimproved
and set aside, dedicated, designated for future public or private use or enjoyment. Common Open
Space shall be freely accessible to all residents and property owners of the development.
Common Open Space shall not be occupied by buildings or structures other than those in
conjunction with the use of open space or roads. Nor shall it include the yards or lots of
residential dwelling units required to meet minimum lot requirements. Utility easements and oil
and gas buffer areas (outer 50') are considered open space if treated as part of the open space
network.
5.2 Common Open Space Calculation
The Common Open Space for Todd Creek Village North includes one Local Park (minimum 0.75
acre) located within 14 mile of all residents as generally shown on the plans. The park shall
include useable space for active park uses and contain, at a minimum, the elements indicated in
Section 3.5 of the Development Standards.
The Dry Creek RUA has identified an overall open space framework defined primarily by the
community plan as well as by the limiting site factors. These environmental constraints can be
improved and provide key linkages to create an integrated open space and trail network. This will
provide a greenway throughout the Todd Creek Village North community and ensure that the
open space and trail network can tie into a potential future regional recreation and open space
system.
Todd Creek Village North: Change of Zone Specific Development Guide
Included in the Common Open Space are Limiting Site Factors or areas comprised of certain
physical elements that obstruct or constrain certain types of development. Specific to Todd Creek
Village North, these physical elements include, but are not limited to the following uses:
• Detention Areas
• Ditch Corridors
• Regional Oil and Gas Easements
• Oil and Gas Distribution and Processing Facilities
• New Utility Easements that will serve Dry Creek East
Although these elements contain factors that limit certain types of development, these areas are,
nevertheless, usable for recreational activities and open spaces, or other functions that cannot
damage or be damaged by the limiting site factors. These areas can also enhance the character
of the community by providing corridors for trails and wildlife and for the protection of natural
features.
The Todd Creek Village North community contains existing well sites. In order to best incorporate
these elements into the community we have integrated them within the areas of the Local Park.
Working with the well site owners, the applicant has created active and passive recreational
opportunities around and within the 50' usable setback.
Another Common Open Space component is site buffers. Buffers are provided along the eastern
property boundary. The eastern property boundary also has new utility easements integrated with
the open space network that increases the width of these buffer areas to 50 feet along the
eastern boundary. Within the Suburban Residential Areas this ensures that there is an edge that
can transition to the adjoining farmland along the boundaries and will assist in buffering the RUA.
The following is a summary of total Common Open Space required and provided:
Open
Space
Required
Use
Area (Acres)
% Required
Required Area
(Acres)
Suburban / Mixed Use
79.6
15%
12.0
Public ROW Dedications
(19.7)
Total
69.9*
12.0
* Excludes public ROW dedication
Open
Space
Provided
Use
Area(Acres)
% Provided
Suburban I Mixed Use Open
Space
12.3
-
*Well Site Area 50' Open Space Buffer
.8
-
Total Useable O.S.
13.1
16.5%
Total
13.1*
*Excludes 150' setback from Oil/ Gas well sites.
COMPONENT SIX: PROPOSED SIGNAGE
6.1 Signage
A hierarchy of monuments, signage and rural entries are being proposed for the community.
Conceptual illustrations of the monument design are shown in the Change of Zone landscape
vignettes.
-10-
Todd Creek Village North: Change of Zone Specific Development Guide
COMPONENT SEVEN: RUA IMPACTS
7.1 RUA Impacts
The Todd Creek Village North Change of Zone implements the Dry Creek RUA policies,
standards and plan. The following sections of the Weld County Code were evaluated for policy
compliance with the Todd Creek Village North Change of Zone application:
Sec. 22 -2 -120.A -H. Residential Development Goals and Policies
Please refer to the previous and latter portions of this Specific Development Guide for proof of
adequate services and infrastructure including:
o Sanitary Sewer
a Water
o Roadways
o Drainage
a Stormwater Management
Schools
Emergency Services
Fire Protection
Other Service Providers
Provisions will be made for any necessary off -site improvements and road reservation I
dedication for land development that is exempt from the subdivision process. In addition,
adequate mechanisms will be put in place to manage and maintain all public and private
improvements including, but not limited to, homeowners' associations, metropolitan or
other improvement districts, agreements with utility or service providers, or
protective covenants addressing privately owned property. Mechanisms for funding
infrastructure improvements should be promoted to ensure equitable participation by the
developer, utility providers, service providers, the County, future owners and surrounding
properties. Such mechanisms may include oversizing or payback agreements, impact fees,
interim/ultimate design and installation plans, improvement or metropolitan districts and/or other
methods.
The Todd Creek Village North RUA considered the compatibility with surrounding land uses,
natural site features, nearby municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development within its borders. The Dry Creek Change
of Zone maintains the Todd Creek Village North RUA buffer treatments as proposed and
approved. Additionally, the Todd Creek Village North Change of Zone meets the goals and
policies of the Urban Development standards including elements such as roadways, water,
sewer, drainage, sidewalks, parks, open space and other community services.
The mixed -use areas include varied lot sizes, complimentary commercial, and civic and public
facilities. Neighborhood design techniques have been incorporated where appropriate, so that
ordinary activities of daily living can occur within walking distance of most residences. In addition,
housing that is suitable as multi -generational quarters, caretaker quarters, or accessory units
have been provided. Standards have been created to address the amount, location and zoning
of accessory units.
Sec. 22 -2 -140.A -G. Regional Urbanization Areas (RUAs) Goals and Policies
The Todd Creek Village North Change of Zone meets the goals and policies of Regional
Urbanization Areas including:
-11-
Todd Creek Village North: Change of Zone Specific Development Guide
o A diversity of land uses
a An integrated balance of housing and employment
o Local, accessible employment opportunities
Use and enhancement of existing transportation networks that interconnect with the
region
a Consistency with Weld County development and design standards
The Todd Creek Village North Change of Zone has continued a collaborative planning effort
including agencies such as the County, surrounding property owners, surrounding Municipalities,
and other jurisdictions. This effort has included setting development policies and standards,
zoning, street and highway construction, open space and trails, public infrastructure, and other
matters associated with urban development. Regular weekly meetings between the County and
the design team as well as several design charrette meetings helped to encourage an open dialog
and resulted in the incorporation of County comments to create a better overall community
plan.
This collaborative design effort between the County staff and the development team will result in
an attractive and functional working and living environment for the Todd Creek Village North
community. We have considered the compatibility with surrounding land uses and natural site
features. We have determined that "green streets" would be used in areas as an innovative
design technique in order to cultivate an attractive visual appearance, with special
emphasis on perimeter treatments and transitions between uses.
In addition to the community design features, the County staff, the development team worked
together to ensure that adequate facilities such as schools and satellite stations for police, fire
and ambulance, and co -located facilities and equipment where located appropriately throughout
the community. We also considered modes of transportation including arterial roads, collector
roads, local roads, access points, and pedestrian modes of transportation. All necessary rights -of -
way will be dedicated for road improvements on the project perimeter and internal to the project.
A master trails planned has also been developed in order to provide for the recreation needs of
the future residents. The focus of this system is to have all trails lead to the center or "heart" of
the community to allow for resident socialization along the "greenway" designed to follow on one
or both sides of the spine collector road.
Sec. 26-4-50. C.I. Dry Creek RUA Mixed Use Neighborhoods Policies
The Mixed -Use Neighborhoods are intended to provide safe, proximate and higher density
activity areas offering convenience goods and services to residents of surrounding
neighborhoods. Nonresidential uses will be appropriately located and scaled within easy access
and integrated within the surrounding neighborhood context. Innovative Live/Work Units are
included on lots containing a single-family dwelling unit which may have an optional workspace
located within the principal single-family dwelling unit on the same lot. Development within the
Mixed -Use areas will use "green streets" or other means in order to provide a transition and
buffer from higher intensity uses to lower density residential land uses.
Sec. 26► -4-50. D.1. Dry Creek RUA Suburban Neighborhoods Policies
The Suburban Neighborhood includes a diversity of housing which serves all economic
segments of the population and match local incomes and age groups. With the variety of let
categories being offered, repetition of identical homes and garages along neighborhood streets
will be minimized so as to not detract from the visual character of the neighborhood. Higher
residential densities are situated within close proximity of designated neighborhood/activity
centers.
Each neighborhood has an interconnected network of local streets that provide direct
connections to local community destinations. Neighborhoods are walkable, pedestrian friendly
-12-
Todd Creek Village North: Change of Zone Specific Development Guide
and integrated into the regional open space and circulation network. Neighborhoods that are
located adjacent to future development areas provide opportunities for future roadway and
open space extensions. Cul-de-sacs and other dead-end streets have been highly minimized
and are used only when necessary due to the natural or built constraints of the site.
Sec. 26-4-5O.E.1. Dry Creek RUA Estate Neighborhoods Policies
Estate Neighborhoods will be included in future phases, but are not part of this Phase 1.
Sec. 26-4-50.F.1. Dry Creek RUA Limiting Site Factors Policies
Areas comprised of Limiting Site Factors contain certain physical elements that obstruct or are
hazardous to certain types of development. These physical elements include, but are not limited
to, the following uses:
o Floodplains
o Critical wildlife and riparian habitat area
Wetland and aquifer recharge areas
a Surface water bodies
Topographical constraints
o Transmission line easements
o Regional oil and gas easements
o oil and gas distribution and processing facilities
Although these sites contain factors that limit certain types of development, these areas
are, nevertheless, usable for agricultural production, recreational activities and parks, or other
functions that cannot damage or be damaged by the constraining site factors. These areas
can also enhance the community character by providing corridors for trails and wildlife and
for the protection of natural resources, riparian habitats and natural features that may be
essential to the region.
Sec. 26-4-60.A Community and Emergency Facilities Policies
Locating a school and sheriff and fire satellite stations within the community are desired land
uses that improve the sense of safety and overall desirability of the community. Cooperation or
consolidation of urban services among the County, special districts and private developers will
be encouraged, when appropriate, to avoid duplication and overlapping costs to establish a
satisfactory level of quality, quantity and dependability of those services. When appropriate,
shared use of schools with other civic uses such as a public park is encouraged and will
create more walkable and integrated neighborhoods. Land dedications for public services and
improvements will be phased as conditions of development are warranted.
Todd Creek Village North: Change of Zone Specific Development Guide
Sec. 26-4-80.C Open Space Policies
Open space has been provided in order to enhance the quality of life and enjoyment of the
environment while protecting private property rights. These areas will consist of native, drought -
tolerant landscaping with new landscaping in developed areas only. The following minimum
percentages of land in each land use designation devoted to open space and limiting factors
are listed below:
Minimum Open Space
for Each Land Use
Percentage
Covered
Neighborhood Mixed Use
15%
Suburban Residential
15%
Estate
Neighborhoods
25%
Limiting
Site
Factor
NA
The County and the development team has worked closely to create a continuous and
interconnected system of open space that capitalizes on natural and man-made features and
incorporates sensitive and critical habitat. Open space has been incorporated into the
community in a variety of forms including large expanses, corridors, buffers, and linkages.
Patches of open space are linked together via open space corridors.
Sec. 26-4-90.B Buffer Conditions Policies
All land within the community that is directly adjacent to an existing rural or agricultural use and
is not separated by a road right-of-way, and where buffer condition is required, has been
designed to account for width (distance), plant material, plant density and land forms.
Additionally, a landscape buffer has been provided for the outer fifty (50) feet of the setback from
an oil and gas well or operations area. This buffer area may be used for underground utilities,
sidewalks, trails and/or parking, and will be landscaped with grasses, vertical landscaping or
shallow -rooted landscaping.
Sec. 26-4-11O.A Parks and Recreation Policies
Parks provide opportunities for active and passive recreational experiences within the
community. They reinforce a sense of community by providing places for members of the
community to gather, interact and exercise. Parks also enhance a community's image and
quality of life. The County and the development team have worked closely to design a
comprehensive park system that includes the following:
o Neighborhood Parks
o Local Parks
o Community Parks
The plan places special emphasis on ensuring that residents have access to neighborhood
parks within walking distance of their homes. Neighborhoods have been designed to integrate
parks, trails and recreational facilities with utility infrastructure and transportation systems
such as detention basins that may serve as recreation opportunities when not flooded. The
community has been carefully designed in order to conjoin parks, trails and open space with
schools and other quasi -public land uses, where possible, to create a larger, more contiguous
park and open space network.
Sec. 26-4-120.A Agriculture Policies
-14-
Todd Creek Village North: Change of Zone Specific Development Guide
The community will recognize and accommodate the traditional and future operational
viability of existing water delivery infrastructure. Water and the irrigation delivery systems
need to be regarded as a critical component of the agricultural heritage and continued
productivity of the land. In addition, the community will respect the continuation of agricultural
land uses and operations in the surrounding area. Farming and ranching operations in the
County are important businesses that require land preparation, burning, planting and harvesting
that can cause nuisance dust, objectionable odors, noise and smoke. The community will
maintain the County's "Right to Farm" policies, which protect farmers and ranchers from
nuisance and liability lawsuits and enables them to continue producing food and fiber.
Sec. 26-4-130.A Archeological, Cultural and Historic Resources Policies
The development team will contact the Colorado Office of Archeology and Historic Preservation
(OAHP) regarding the preservation and protection of any potentially significant archeological,
cultural or historic artifact encountered during construction.
Sec. 26-4-140. Landscaped Medians and Roadsides Policies
Plantings along road rights -of -way will be integrated with the rest of the site. A landscape
boulevard treatment along Weld County Road 4 been established to ensure that County
Road 4 has a green character. Uses adjacent to Weld County Road 21 will be screened with
fencing and landscape treatment. Maintenance of landscaping in landscaped medians and
along roadsides shall be by a metropolitan district or other approved entity.
Sec. 26-4-15O.B. Transportation and Circulation Policies
The transportation network reflects a road hierarchy, from major arterials that serve both the
regional and local traffic with higher speeds and capacities with controlled private access, to
collectors that serve local traffic and provides access to the community. The proposed
hierarchy of roads includes both reconstruction and/or widening of existing roads and
alignments for new roads. The transportation network also identifies locations of future traffic
signals.
The roadway standards delineate right-of-way, lane configurations, median treatment, and
pedestrian sidewalks. Roadway classifications may change or be re-evaluated as development
occurs. When development t riggers the need for construction of on -site or off -site
transportation, commitment to construct the needed improvements and funding for
engineering design, right-of-way acquisition, and all construction costs for those
improvements shall be secured and guaranteed by the developers or districts of the
community, their successors and assigns, prior to approval of any Final Plat.
Sec. 26-4-160.B. Trails Policies
The County and the development team have worked closely to develop an interconnected
network of neighborhood and local trails within the community. The plan also integrates the
RUA Regional Trails and has incorporated an additional trail connection along the Brantner Ditch
so that there may be future connections to other potential regional trails. A pedestrian friendly,
off-street trail system has been created that provides a positive experience with areas of
interest along the route and provide reasonable accommodation and access for people of all
ages and abilities.
Sec. 26-4-190.A. Groundwater Policies
The community water provider is encouraged to educate residents about behaviors and
consequences, and proper storage, use and disposal of chemicals, petroleum products,
cleansers, fertilizers, pesticides and any other solid and liquid household product or
-15-
Todd Creek Village North: Change of Zone Specific Development Guide
hazardous waste that could pollute surface water or groundwater, drinking water wells, fish
and wildlife habitat, or the general health and welfare of the public if unintentionally released
into the environment.
Sec. 26-4-200.A. Wildlife Policies
The community will identify, preserve and protect critical habitat of federally listed threatened,
endangered, and candidate species and unique nesting, breeding or spawning areas of State -
listed species of special concern and abide by the following Federal and State laws
governing their protection. To the greatest extent possible, the development will preserve
habitat that provides essential life requisites of food, water, cover and space and adhere to
State statutes and regulations regarding general game and nongame wildlife that are not
afforded greater legal protections by the County, State or Federal governments. To the extent
possible, mature trees that add character to the community and provide habitat for wildlife will be
conserved as amenities in the neighborhoods.
Sec. 26-4-210.A. Vegetation Policies
The community will identify, preserve, and protect critical habitat of Federally -listed threatened,
endangered and candidate plant species in accordance with the Environmental Site Assessment.
Additionally, the community will encourage the eradication, control, containment and
management of noxious and restricted weeds in accordance with these Acts and programs.
COMPONENT EIGHT: INTERGOVERNMENTAL AGREEMENT IMPACTS
8.1 IGA Impacts
The existing Intergovernmental Agreement (IGA) with the City of Ft. Lupton and the Todd Creek
Village Metro District (TCVMD) will provide for water supplies and sanitary wastewater services
for the proposed Change of Zone area. This application will not impact the agreement between
these entities. There are no other known IGA's which impact the Change of Zone area.
Tax Account
Summary
Account Id R4683907
Parcel Number 146935300027
Owners
Address
Situs Address
Legal
Inquiry
As Of
ALF TODD CREEK VILLAGE NORTH LLC
PO BOX 50223
COLORADO SPRINGS, CO 80949-0223
10025 COUNTY ROAD 2 WELD
PT W2W2 35-1-67 LOT B REC EXEMPT RE -4462
08/22/2018
Payment Type wahFirst
lb Full
Total Due $0.00
Value
Area Id
2523 - 2523
AG -MEADOW HAY LAND - 4137
AG -WASTE LAND - 4167
OTHER BLDGS.-AGRICULTURAL - 4279
Total Value
Taxes
Actual
1,694
26
8,559
10,279
Mill Levy
80.0150000
Assessed
490
10
2,480
2,980
$238.44
The amount of taxes due on this page is based on last year's property value assessment.
Hello