HomeMy WebLinkAbout20190389.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: November 9, 2018
SUBJECT: PUDF18-0007 Bebo
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 Final Plan Application for a PUD (Planned Unit Development) for Nine (9) Residential
Lots for E (Estate) Uses, one (1) Agricultural Outlot and an open space easement.
This project is south of and adjacent to CR 42 1/2 and is west of and adjacent to CR 3.
Parcel numbers: 106119400085 and 106119000039
Access is from CR 3.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and has determined
that it will access CR 3 at an access point currently being used for the existing residence.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article
V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public
road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer
to Chapter 12 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 3 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a 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.
Per 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,weldgov.comldepartments/publicwarks/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
Latest ADT on CR 3 counted 193 vpd with 20% trucks. The 85th percentile speed is 53 mph.
The traffic narrative submitted with the application materials indicated that there will be approximately 5
morning peak hour trips, 7 afternoon peak hour trips, and 76 daily trips to the area street system.
TRACKING CONTROL POLICY
Temporary Tracking Control shall be used during construction. Recycled concrete is not allowed in County
right-of-way. Applicant shall provide a tracking control detail with construction drawings for Public Works to
review and approve.
IMPROVEMENTS AGREEMENT FOR ON -SITE IMPROVEMENTS
Public Works is requiring an Improvements Agreement for on -site PUD improvements, per Chapter 24,
Article 9, Section 24-9-20. This agreement will include on -site improvements associated with the
development. Collateral is required to ensure the improvements are completed and maintained. Prior to
recording the Final Plan, the applicant shall provide construction drawings to be reviewed and accepted by
Public Works. Once the construction drawings are accepted, an updated Construction Schedule and
updated copies of Exhibit A-2 AND B-2 are required, outlining the costs of onsite improvements.
Improvements Agreement: An example agreement is available at:
https://www.weldgov com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eviewlsprusr.pdf.
DRAINAGE REQUIREMENTS
This subdivision is excepted from the requirements of 23-12-30.F.C as it meets the provisions of 23-12-
30.F.1.a.7 for residential developments. As a result, no Drainage Report or stormwater detention are
required.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
SUBDIVISION ROADS
The applicant material indicates that the main entrance road to the PUD (Spanish Fox Court) will intersect
with County Road 3 approximately 3,000 feet south of Colorado State Highway 56. Its proposed location
is the same as that of an existing private driveway. Spanish Fox Court will replace the existing drive as
part of this project. Public Works finds this location acceptable for an intersection.
The applicant has submitted a set of Road Plans that include: roadway plan and profile sheets; intersection
details; a pavement section detail; a typical cross section; and a drainage plan. The typical cross sections
included with the Road Plans shall be replaced with the "Rural Local Paved Typical Section" found in
Chapter 24 of the Weld County Code at the link below:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH24SU AP AP
X24-EROCRCT
This cross section requires 4' shoulders and roadside swales for drainage. Public Works is requiring
roadside swales on the uphill side of roadways to convey stormwater runoff and to protect the pavement
section.
Public Works has done a thorough review of the Road Plans and has redlined design deficiencies and/or
items of non-compliance with Weld County Code. Most redline comments address items lacking clarity or
ask for information typically found on comprehensive construction drawings. All Public Works redlines must
be addressed prior to resubmittal. Feel free to contact Public Works with any questions or concerns.
CONSTRUCTION SCHEDULE
When the final construction schedule is available, the applicant shall submit an updated construction
schedule that includes estimated starting and finishing dates along with estimated dates of various
construction stages.
UTILITY MAP
A Utility Map shall be submitted for Utility Board review and acceptance. The utility map shall show: gas
lines; waterlines with appurtenances; electricity (above or below ground); telecomm (if applicable); utility
and drainage easements with labels; and culverts.
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 (plat recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works 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 Public Works 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, 303-692-3575.
CONDITIONS OF APPROVAL
A. An Improvements Agreement is required for on -site improvements associated with this project. On -site
improvements associated with the development will be identified and detailed in the agreement.
(Department of Public Works)
B. An updated Construction Schedule with dates and draft Exhibit A-2 AND B-2 are required prior to
recording the Final Plat. (Department of Public Works)
C. The applicant shall submit updated Road Plans that address all Public Works redline comments prior
to recording the PUD Final Plat.
D. Provide a Utility Map for review. (Department of Public Works)
E. The plat shall be amended to delineate the following:
1. County Road 3 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
2. The applicant shall show and label the accepted drainage features and drainage flow arrows.
(Department of Public Works)
Prior to Operation:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
4. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
6. Weld County is not responsible for the maintenance on onsite subdivision roads. (Department of Public
Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: November 6, 2018
Re: PUDF18-OOO7 Bebo
Environmental Health Services has reviewed this application for a Planned Unit
Development Final Plan for Nine (9) Residential Lots for E (Estate) Uses, one (1)
Agricultural Outlot and an open space easement.
The minimum lot size of 4 acres coupled with an overall density of one septic system
per 13.88 acres does meet current Department policy.
Water will be provided by Little Thompson Water District. Sewer will be provided by
individual on -site wastewater treatment systems
The Department recommends the following conditions, which should appear as notes
on the final plat:
1. Water service may be obtained from the Little Thompson Water District
2. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with
the regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division and the Weld County Code in
effect at the time of construction, repair, replacement, or modification of the
system.
3. Activity or use on the surface of the ground over any part of the OWTS must
be restricted to that which shall allow the system to function as designed
and which shall not contribute to compaction of the soil or to structural
loading detrimental to the structural integrity or capability of the component
to function as designed.
4. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of Weld County Environmental Health Services, a
fugitive dust control plan must be submitted.
Health Administration
Vitol Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
5. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive
dust control plan, submit an air pollution emissions notice application, and
apply for a permit from the Colorado Department of Public Health and
Environment.
6. Weld County's "Right to Farm" shall be placed on any recorded plat.
PROJECT:
MEMORANDUM
TO: Chris Gathman DATE: November 5, 2018
FROM: Angela Snyder, CFM
SUBJECT: PUDF18-0007, Spanish Fox Estates
A Final Plan Application for a PUD (Planned Unit Development) for Nine (9) Residential Lots for E (Estate)
Uses, one (1) Agricultural Outlot and an open space easement.
PARCEL: 1061-1900-0039 & 1061-1940-0085
COMMENT:
The PUD subdivision is located on the northern side of the 125 ac parcel and the floodplain cover a
portion of land along the southern boundary. Since the floodplain is located in the open space and no
structures are prosed in the floodplain then no Floodplain permits are required. If there are any
development activities located within the special flood hazard area a floodplain permit will be required.
The FEMA definition of development is any man-made change to improved or unimproved real estate,
including by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
DELINEATE ON THE PLAT:
Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services)
NOTES ON THE PLAT:
1. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1670E effective date January 20, 2016 (Little Thompson
River Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials. (Department of Planning Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
Submit by Email
Weld County Referral
October 12, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lawrence & Jacquelyn Bobo Case Number: PUDF18-0007
Please Reply By: November 9, 2018 Planner: Chris Gathman
Project: A Final Plan Application for a PUD (Planned Unit Development) for Nine (9) Residential Lots for
E (Estate) Uses, one (1) Agricultural Outlot and an open space easement.
Location: West of and adjacent to CR 3 and 1/2 mile south of State Highway 56.
Parcel Number: 106119400081-R6778266 Legal: PT E2SE4 SECTION 19, T4N, R68W LOT AAMD
REC EXEMPT AMRE-3669 of the 6th P.M., Weld County, Colorado.
Parcel Number: 106119000039-R4676086 Legal: NE4SW4 SECTION 19-T4N, R68W & W2SE4 N LN
OF LITTLE THOMPSON RIVER of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
E
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We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature .00--.1 Date !I 1 b // it
Agency IeAc c, az.c D/7'444 -6,416',911/1
Weld County Planning Dept. 1555 N 17th Ave, Greetey, CO. 80831 (970) 400-8100 (970) 304-8498 fax
Rockwell Ditch Company
20116 County Road 3
Berthoud, CO 80513
November 6, 2018
To: Weld County Department of Planning Services
The Rockwell Ditch Company, 20116 County Road 3, Berthoud CO owns and operates an irrigation ditch
that runs through the property to be developed by owners, Lawrence and Jacquelyn Bebo.
The Ditch Company's concerns are:
1. Possible increased non -historic runoff from rooftops and paved streets entering ditch.
2. The right-of—way of the ditch being respected and not infringed upon.
3. Operation and maintenance of the ditch not being impaired or restricted in any way.
4. The Rockwell Ditch Company has no objections to the proposed development as long as the above
three concerns are addressed in the application approval.
David K. Schaal, President
19995 County Road 3
Berthoud, CO 80513
970-532-3871
Rockwell Ditch Company
From: Kristine Ranslem
To: Chris Gathman
Subject: FW: PUDF18-0007
Date: Wednesday, October 17, 2018 8:49:45 AM
Importance: High
Please review the below referral comments. Thanks!
From: Steve Charles <scharles@berthoudfire.org>
Sent: Tuesday, October 16, 2018 3:21 PM
To: Kristine Ranslem <kranslem@weldgov.com>
Subject: PUDF18-0007
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.
Ms. Ranslem —
I've attempted to make comments on line; however, my efforts have failed. This project
was handed over to me following the retirement of Michael Bruner, Fire Marshal. The
Berthoud Fire Protection District finds no conflict with the proposed development. The
District does require fire hydrant installation at the following locations; intersection of
Spanish Fox Court & Weld County Rd. 3 and the intersection of Spanish Fox Court & Prairie
Wolf Court. For residences 3,600 square foot or less, the minimum required fire flow, in
accordance with the 2018 IFC, is 1,000 gallons per minute. For residences 3,601 square feet
or greater, the District will use Table B105.1(2), Reference Table For Tables B105.1(1) and
B105.2 to determine the required fire flow.
In the event the required fire flow can't be met, alternative options will be discussed, to
include but not limited to residential fiure sprinklers.
Stephen Charles, Chief
Berthoud FPD
(970) 481 — 8898 Cell
scharles@berthoudfire.org
COLORADO
Division of Water Resources
November 6, 2018
Chris Gathman
Weld County Department of Planning Services
Transmission via email: cgathman(c weldgov.com
Re: Spanish Fox Estates Subdivision
Case No. PUDF18-OOO7
Section 19, T4N, R68W, 6th P.M.
Water Division 1, Water District 4
Dear Mr. Gathman:
We have reviewed the above referenced Final Plat Application to subdivide two parcels
totaling 125 acres into nine (9) residential lots and one (1) agricultural outlot tract. The property is
currently agricultural land used for hay farming. Tract A will be approximately 58 acres in size and
will continue to be used for agricultural purposes. The residential lots will be between 4.01 and 8.68
acres in size. There is an existing residence which will be located on Lot 4. This office previously
commented on this development under the name Estates at Coyote Run in a letter dated December
1, 2014, and on the change of zone for Spanish Fox Estates in a letter dated December 6, 2016.
Water Supply Demand
The estimated water requirements for this subdivision were not identified. The Little
Thompson Water District requires 0.70 acre-feet of water per regular tap, which would equate to a
water requirement of 6.3 acre-feet per year for nine taps.
Source of Water Supply
The proposed water supplier for the development is the Little Thompson Water District. The
Little Thompson Water District ("LTWD") currently provides water service to the existing residence
on Lot 4. The applicant previously provided a letter of commitment from the LTWD dated May 31,
2016 to serve up to eight (8) additional lots, subject to the limitations described in their letter. This
office most recently received information from the LTWD regarding their water supply in a letter
dated January 10, 2013. At that time, the LTWD had a total firm yield of 4,923 acre-feet, with a
total projected demand of 5,423 acre-feet at the end of 2020. By policy, new growth within the
LTWD requires developers to dedicate water rights sufficient to supply the anticipated demands
within their development. LTWD requires 0.70 acre-feet of firm yield water for each regular
residential tap or 0.35 acre-feet for each urban tap. Acceptable water rights for dedication include
Colorado -Big Thompson, Windy Gap, Handy Ditch, and Consolidated Home Supply Ditch water rights.
According to a letter from KBC Engineers received by this office on March 10, 2017, the applicant
owns Handy Ditch Company shares in adequate quantity to meet the water supply needs of the
subdivision, and will dedicate to LTWD either 1.12 or 2.24 Handy Ditch shares for the applicable
residential water tap type, as determined by LTWD.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/ water
John VV. Hickenlooper, Governor Robert Randall, Executive Director I Kevin G. Rein, State Engineer/Director
Spanish Fox Estates November 6, 2018
Case No. PUDF18-OOO7 Page 2 of 2
A review of the records available in this office has shown that there is an existing well,
permit no. 288016, located within the boundaries of the proposed subdivision. Well permit no.
288016 was issued pursuant to Section 37-92-602(3)(b)(II)(A), C.R.S. for the use of an existing well as
the only well on a parcel of 40 acres. It appears that, after subdivision, the well will be located on
the 58.02 -acre outlot. However, Section 30-28-101(10)(b), C.R.S. states:
"The terms "subdivision" and "subdivided land", as defined in paragraph (a) of this subsection
(10), shall not apply to any division of land which creates parcels of land each of which
comprises thirty-five or more acres of land and none of which is intended for use by multiple
owners."
Thus, if any of the proposed parcels in the development is less than 35 acres, all of the parcels are
considered to be part of a subdivision. Therefore, the existing exempt well with permit no. 288016
must be included in an augmentation plan, or must be plugged and abandoned since the provisions of
Section 37-92-602, C.R.S., which allowed for issuance of the well permit will no longer apply.
According to the letter from KBC Engineers received by this office on March 10, 2017, the applicant
agrees to properly plug and abandon the existing well immediately after the final subdivision plat is
recorded.
The agricultural outlot (Tract A) will contain an existing pond, which appears to be associated
with the irrigation on the property. Please note that this pond does not have any storage rights and
as such may only be used to temporarily detain direct flow water rights for up to 72 hours in order to
allow for more efficient or effective beneficial use of the water.
Stormwater Detention
The applicant has requested a waiver of detention requirements, and no stormwater
detention facilities are currently proposed.
State Engineer's Office Opinion
Based on the above, and contingent upon the dedication of sufficient water rights to the
Little Thompson Water District and abandonment of the existing well, it is our opinion pursuant to
Section 30-28-136(1)(h)(II), C.R.S. that the proposed water supply is adequate and can be provided
without causing injury to decreed water rights. If you or the applicant have any questions regarding
this matter, please contact me at this office for assistance.
Sincerely,
Cc: Well permit file no. 288016
Referral file no. 23581
Sarah Brucker, P.E.
Water Resources Engineer
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