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9/21/17 NES John Maynard 619 North Cascade Ave., Suite 200 Colorado Springs, CO. 80903 Dear Applicant and/or Consultant: Subject: TimberRidge Planned Unit Development (PUD-17-003) Review 3 The purpose of this letter is to provide you with the review agency responses to the above named development application that have been received to-date by Planning and Community Development Department. You are encouraged to directly contact those agencies that did provide review comments if the comments require additional action by the applicant/applicant’s representative. You are also encouraged to directly contact those agencies that did not provide review comments if such response is required by state statutes and the El Paso County Land Development Code. EL PASO COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Please see redlines on electronic documents. The color green reflects planning, and the color blue reflects engineering comments. Page 1 of 33 04/19/2022 COMMISSIONERS: DARRYL GLENN (PRESIDENT) MARK WALLER (PRESIDENT PRO TEMPORE) STAN VANDERWERF LONGINOS GONZALEZ PEGGY LITTLETON PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CRAIG DOSSEY, EXECUTIVE DIRECTOR

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Page 1: Rezoning Template - Microsoft€¦ · Web viewThe Entech Engineering, Inc., Soil, Geology and Geologic Hazard Study dated 12April2017 for the twelve 2.5+ acre lots was reviewed for

9/21/17

NESJohn Maynard619 North Cascade Ave., Suite 200Colorado Springs, CO. 80903

Dear Applicant and/or Consultant:

Subject: TimberRidge Planned Unit Development (PUD-17-003) Review 3

The purpose of this letter is to provide you with the review agency responses to the above named development application that have been received to-date by Planning and Community Development Department.

You are encouraged to directly contact those agencies that did provide review comments if the comments require additional action by the applicant/applicant’s representative. You are also encouraged to directly contact those agencies that did not provide review comments if such response is required by state statutes and the El Paso County Land Development Code.

EL PASO COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

Please see redlines on electronic documents. The color green reflects planning, and the color blue reflects engineering comments. The 2 deviation requests as identified in the LOI have been approved with conditions. Please see the uploaded deviations in EDARP (public view). Conditions of approval will be added to the staff report.

Letter of Intent1. Resolved2. Resolved3. Resolved4. Reslved5. Staff does not agree that the southern and eastern density is compatible with the

current RR-5 (Residential Rural) Zoning District nor the approved sketch plan which feathers from 5 acre lots, to 2.5 acre lots to one acre lots to half acre lots in

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COMMISSIONERS:DARRYL GLENN (PRESIDENT)MARK WALLER (PRESIDENT PRO TEMPORE)

STAN VANDERWERFLONGINOS GONZALEZ

PEGGY LITTLETON

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTCRAIG DOSSEY, EXECUTIVE DIRECTOR

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this area in addition to a 50’ buffer. Staff encourages a similar buffer and density along the south and eastern boundaries to meet compatibility with density and to establish a transition from the surrounding RR-5 zoning district. Staff will identify concerns with compatibility in staff report. Please note, Jim Morley does not intend to change density in adjacent Sterling Ranch; however, he is ok with the buffer you have provided per an email received 9/20/17.

Engineering DivisionPlanning and Community Development (PCD)-Engineering reviews plans and reports to ensure general conformance with El Paso County standards and criteria. The project engineer is responsible for compliance with all applicable criteria, including other governmental regulations. Notwithstanding anything depicted in the plans in words or graphic representation, all design and construction related to roads, storm drainage and erosion control shall conform to the standards and requirements of the most recent version of the relevant adopted El Paso County standards, including the Land Development Code (LDC), the Engineering Criteria Manual (ECM), the Drainage Criteria Manual (DCM), and the Drainage Criteria Manual Volume 2 (DCM2). Any deviations from regulations and standards must be requested, and approved by the ECM Administrator, in writing. Any modifications necessary to meet overlooked criteria after-the-fact will be entirely the developer’s responsibility to rectify.

A written response to all comments is required for review of the re-submittal. Please arrange a meeting between the developer’s team and County staff to review and

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discuss these comments and prepared revisions/responses prior to the next submittal. The comments include unresolved previous comments and new comments resulting from the re-submittal in bold. All previous comments that have been resolved have been noted or deleted. A written response to all comments is required for review of the re-submittal.

PUD DP / General1. Ensure that all street centerline radii, intersection spacing, roundabout size, required

tangent lengths, etc. meet criteria. Without dimension labels these cannot be verified. Approval of the PUD development plan does not imply approval of any substandard design features that have not been specifically addressed.

a. Resolvedb. Resolvedc. Individual lot access onto Vollmer Road requires a deviation (access to an

arterial road). Proposed lots R-11 and R-12 should obtain access at Arroyo Lane. The deviation request has been received but needs clarification. Describe the specific drainage and topographical features that preclude access from another point along Wildflower Road or the extension of Arroya Lane to the west. (LOI indicates 2 deviations-KP)

d. Cul-de-sac design needs to meet ECM Section 2.3.8. Snow storage areas/easements need to be provided for cul-de-sacs and roads adjacent to or within adjacent property. Partially resolved; response references a letter from the adjoining property owner stating that easements will be provided. This will be further addressed at the Preliminary Plan and Final Plat stages.

2. Include existing easement purposes in labels or notes. Show all easements listed in the title work. Partially resolved; label the easement purposes/uses.

3. Resolved4. Regarding the alignment of Vollmer Road intersections:

a. Coordination with the owners of the Wildflower Road private driveway on the west side of Vollmer will be necessary. This includes the Ranch 51 project.

b. The Decoto project has submitted an Early Assistance application that is not consistent with the TimberRidge PUD; coordination is necessary.

5. Note: easements to other entities that overlap with future public road rights-of-way will need to be vacated/terminated at the time of platting of the rights-of-way. Documentation of separate vacation/termination documents will need to be provided showing no encumbrances on proposed rights-of-way at that time.

6. LOI page 5 contains a diagram labeling the buffer along Vollmer Road as 50 feet wide; it appears that this buffer should be 30 feet wide. Also see redlines on sheet 4 of the PUD Revise as appropriate.

Transportation / Traffic Impact Study1. Resolved2. Regarding road design deviations and waivers:

a. Provide the exhibits for the proposed median cross-section. Partially resolved; Staff did not realize that the deviation request had been revised until after the County Engineer’s review of the previous version; approval of the previous deviation request was based on turn lanes being provided. This discrepancy needs to be addressed. (LOI indicates 2 deviations-KP)

b. Resolvedc. Note: The County Engineer will provide recommendations regarding PUD

modifications involving ECM criteria.

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3. Regarding the proposed Arroyo lane right-of-way, the existing access easement will need to be revised or extinguished in the area underlying the proposed ROW prior to County acceptance of the public improvements.

MDDP / Drainage Plans1. Resolved2. Ponds B and C need further adjustment to meet required 5-year release times. If final

detention pond sizing and detailed design affects the PUD lot lines, a PUD amendment may be required. Partially resolved; the ponds will need fine tuning in regard to 10-year release rates with the Preliminary Drainage Report.

3. Resolved4. Note: A wetlands mitigation map will be required at the subdivision stage showing the

proposed/required locations of mitigation (replacement areas).5. Resolved

EL PASO COUNTY COMMUNITY SERVICE DEPARTMENT

ENVIRONMENTAL

The El Paso County Environmental Division has completed its review of the Retreat at Timber Ridge PUD. Our review consisted of the following items: wetlands, federal and state listed threatened or endangered species, general wildlife resources and noxious weeds.

1. .Potentially jurisdictional aquatic features have been identified on the site and the U.S. Army Corps of Engineers (USCOE) letter dated July 20, 2017 indicates that a permit may be required for the project. The project proponent has indicated that the USACOE permit will be addressed at the platting stage of the development which is acceptable. A completed permit shall be provided to the Planning and Community Development Department prior to project commencement if ground-disturbing activities will occur in wetland areas. The applicant is hereby on notice that the USCOE has regulatory jurisdiction over wetlands. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including, but not limited to, the Clean Water Act.

2. The letter dated May 15, 2017 from the U.S. Fish and Wildlife Service (USFWS) indicates that it is unlikely the project will result in the take of listed species but that it may have minor adverse impacts to listed species that may occur in or near the project area. The USFWS provides a series of conservation recommendations which we strongly recommend be incorporated/followed during the pre-construction, implementation and post-construction phases of the project. The applicant is hereby on notice that the USFWS has regulatory jurisdiction over threatened and endangered species and migratory birds, respectively. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including but not limited to, the Endangered Species Act and the Migratory Bird Treaty Act.

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3. The letter dated May 4, 2017 from Colorado Parks and Wildlife provides numerous Best Management Practices (BMPs) and recommendations related to wildlife/natural areas on the property. We strongly recommend that these BMPs and recommendations be incorporated/followed during the pre-construction, implementation and post-construction phases of the project. Additionally, the project proponent has indicated that wildlife protection measures will be addressed through covenants.

4. The Noxious Weed Management Plan (Plan) dated July 7, 2017 provides a basic plan for addressing noxious weeds on the property. This Plan should also include more specific information regarding the species and infestation locations present on the property. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including but not limited to the Colorado Noxious Weed Act and the El Paso County Weed Management Plan.

It is strongly recommended that the applicant obtain the necessary approvals from all federal, state and county agencies as a part of their planning process.

We appreciate the opportunity to comment on this project. If you have any questions or concerns, please contact me at (719) 520-7845.

EL PASO COUNTY ATTORNEY’S OFFICE

Comment: Water review to follow discussions/implementation of special district-IGA and receipt of State Engineer review letter.

ELPASO COUNTY PUBLIC HEALTH DEPARTMENT

Please accept the following comments from El Paso County Public Health (EPCPH) regarding the project referenced above:

The proposed 293 acre 470 residential lot development will be served water and wastewater services from a couple area metropolitan districts that will be referenced later in this report. There are also 12 residential lots of 2.5 acres+ that will utilize individual private wells and onsite wastewater treatment systems (OWTS) as their source of water and wastewater service.

There is a not a finding for sufficiency in terms of water quality for drinking water for the project due to the lack of a water quality sample report submitted for review and required for the 12 lots with private individual wells. The remaining lots in the project will have water obtained from a Colorado Department of Public Health and Environment, Water Quality Control Division, regulated public water system. The proposed Retreat @ TimberRidge Metropolitan District will obtain community water service through an IGA that will be developed with Sterling Ranch Metropolitan District No. 1.

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Sterling Ranch Metropolitan District No. 1 has written a letter of intent to provide water to the remainder of the development project.

Sterling Ranch Metropolitan District No. 1 has also agreed to provide wastewater service through the IGA that will be developed with Retreat @ TimberRidge Metropolitan District once the district is formed. A letter verifying the wastewater treatment facility used by Sterling Ranch Metropolitan District No. 1 has sufficient treatment capacity for this development project is requested for review by El Paso County Public Health.

The Entech Engineering, Inc., Soil, Geology and Geologic Hazard Study dated 12April2017 for the twelve 2.5+ acre lots was reviewed for determining the suitability of the site located north of Arroyo Road for OWTS installations. The report indicated no ground water was encountered in the soil profile test pit excavations, or in the percolation tests profile borings. However, the report did show the soil in the area does have a fluctuating level of bedrock known as the Dawson Formation. This formation is common throughout the northeastern part of El Paso County, and OWTS installations are possible. Professional engineer designs are likely to be needed for OWTS’s in this area based on bedrock and some of the soil types identified in the report.

Radon resistant construction building techniques/practices are encouraged to be used in this area. The EPA has determined that Colorado, and the El Paso County area, have potentially higher radon levels than other areas of the country.

Earthmoving activity in excess of one acre, but less than twenty-five acres, will require a Construction Activity Permit from El Paso County Public Health. Go to http://www.elpasocountyhealth.org/service/air-quality for more information. If the earthmoving activity is in excess of twenty-five acres at one time, then a Construction Activity Permit is required from Colorado Department of Public Health and Environment, Air Pollution Control Division.

The 3 storm water detention ponds to be built as storm water quality protection measures will be maintained by the Retreat @ TimberRidge Metropolitan District once it is formed. The district is encouraged to include mosquito control as part of its responsibilities. Detention ponds that are not properly maintained provide mosquito breeding habitat and increase the risk of the general public to West Nile Virus.

Mike McCarthy, R.E.H.S. El Paso County Public Health [email protected] 719-575-860202June2017

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NORTHERN EPC COALITION OF COMMUNITY ORGANIZATION, INC.

Re f ere n c e : R e t rea t a t T i m b e r R idge

NEPCO is providing the collective input from its membership that includes 8,000 homeowners, 42 HOAs and 18,000 registered voters within and around Monument. The purpose of NEPCO, a volunteer coalition of Homeowner Associations in northern El Paso County, is to promote a community environment in which a high quality of life can be sustained for constituent associations, their members, and families in northern El Paso County. We collectively address growth and land use issues with El Paso County Planners and the Town of Monument, as well as addressing HOA issues of common interest among the members. NEPCO achieves this by taking necessary steps to protect the property rights of the members, encouraging the beautification and planned development and maintenance of northern El Paso County.

N EP C O’s g e n era l c o m me nts re l a t e d to t he Re t rea t a t T i m b e r R idge

1. NEPCO has serious concerns about development of this size residing in “rural” El Paso County. Assuming a density of 1.6 homes per acre on 293 acres, and again assuming 4 persons per household, that yields a population of approximately 1,800. This development will reside just north of the Sterling Ranch Development that plans to have several thousand residents. The combination of these two developments will put incredible pressure on the infrastructure supporting this area including roads, water and sewer systems. The potential rezoning of these tracts of land will cause a planned 282 homes under RR-5 to explode into 5,720 residential units under PUD and/or RS-5000 zoning.

2. We are further concerned about a new Metropolitan District, effectively an administrative agency/pass through organization.

a. Sterling Ranch Metro District purchases water from Woodman Hills Metro District which has 15 wells in the Denver Basin Aquifers and 2 wells in the Upper Black Squirrel Alluvial (shallow) Aquifer. Metro Districts are a reality in rural developments but they are inherently inefficient and we are witnessing more of these “administrative” Districts that exist only as pass-through entities. Woodman Hills Metro District already has 7 Intergovernmental Agreements with other Districts. The new Pikes Peak Regional Water Authority Area 3 Engineering Report, just publicly released, sounds the alarm

about relying on non-renewable water sources and yet we have another pair of developments stating that there is sufficient water for 10,000 plus new residents relying on the underlying aquifers. The El Paso County 300-year rule for sustainable water resources is all but ignored when these developments are planned.

b. According to the Neighborhood Meeting Summary, the water

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provided by the water district(s) “will come from the deep aquifers: Arapahoe and Laramie- Fox Hills.” Is this how the new Timber Ridge Metro District will mine its water, or are they relying on where Sterling Ranch Metro District gets theirs? Will there be a requirement that those development homes that are not connected to the water district mine their water from these deeper aquifers?

c. Even under the El Paso County Policy Plan, 10.2.3 and 10.2.4, the goal is to maximize water supply options and economies through the pooling of resources and to encourage the linking of systems among water providers to provide the highest assurance of available service. The Timber Ridge development creates a whole new district to do these things and then states that these policies are “met by the proposed IGA between Sterling Ranch Metropolitan District and the proposed Timber Ridge Metropolitan District.”

d. The planting of pines on the berms is a laudable idea to shield the high density of this development in the south. Given the nature of pines in this area (they can be so small as to hide nothing and a sizeable number often die within a few years of planting), will there be a minimum height or girth of these pine trees and will they be replaced if they die before build-out?

3. Who will be maintaining the trails in this development? On page 3 of the Letter of Intent, it states that the proposed major trails will be constructed by the developer, placed in an easement, and maintained by El Paso County. Page 8 states much the same. However, on page 1 of the Development Plan, under Tract Table, it makes no reference to El Paso County maintaining any trails. Also, according to the Maintenance Agreement, “El Paso County will own and maintain the multi-use trail easement, and will own and maintain the open space parks should dedication be accepted,” while the Metropolitan District will “own and maintain the open space, drainage and water quality facilities, common areas, trails, landscape areas and buffer tracts.” Which is correct?

4. Two letters from neighboring 35-acre parcel landowners reference the addition of fire hydrants at least in the periphery of this development. However, the Wildland Fire & Hazard Mitigation Plan states that “At present, there is no readily available water supply for ground suppression fire resources. The local fire protection districts will need to haul water into the site during a fire. The subdivision will be supplied with water by the Sterling Metropolitan District in the future.” We can find no references to, or guarantees of, future fire hydrants in other documents.

5. The Detail Plans, Signs & Lighting makes no references to lighting at

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all. Will dark- sky compliant lighting be used/required in this development?

T ra n s po r t a tion/ A c ce s s C on cer ns 1. The Traffic Impact Study is for this development only. EPC Planners

should be looking at the big picture of all other traffic impacts in this area, especially Sterling Ranch and its 10,000 people (and number of commercial sites).

2. Currently the road system is inadequate to support the number of proposed new residents.

a. Stapleton Drive is listed as a future road. The Pikes Peak RuralTransportation Authority (PPRTA) currently lists the Stapleton Road extension as a “Corridor Study” only with $314K allocated in the current year for the study and no activity currently listed, i.e. it is years away.

b. Aspen Valley Parkway terminates in a dead-end.c. Fox Covert Way terminates in a dead-end.d. Bison Valley Trail terminates in a dead-ende. Mount Jackson Drive terminates in a dead-end.

3. These roads relay on another development for connectivity-an event not under the control of this development. Volmer Road is the only route either into or out of this development.

N EP C O ’s f i n a l c o mme nts:

1. NEPCO has concerns about these large residential developments in unincorporated El Paso County. These developments rely on non-renewable water sources. Urban development should be supported by urban (renewable) water and sewer systems. When the water runs out the residents will be paying large sums to connect the Colorado Springs Utilities-no one likes that kind of surprise.

2. These high-density residential developments stress “rural” transportation infrastructure. The land was designated RR-5 as a reasonable desity given the capabilities of rural Colorado land to support residential uses. Transitioning from that density to 1 home per 1.6 acres (thanks to some larger lots in Phase 1 that skew the ratio) is beyond what the land or the transportation infrastructure can support.

3. Thank you for the opportunity afforded NEPCO to engage in this process to work with the El Paso County to ensure we have planned, responsible growth.

Thomas M. VierzbaVice President, Chairman,NEPCO Transportation and Land Use Committee

EL PASO COUNTY PARKS

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The Planning Division of the Community Services Department has reviewed the Retreat at Timber Ridge PUD Development Plan, Review #2, has noted the minor updates to the regional trail easement and trail alignment on the development plan, and has no additional comments. Please refer to the original review comments below:

“As this is only a rezoning application, preliminary plans and final plats are forthcoming, at which time residential lots will be platted, and fees and trail easement dedications required. The property is located along Vollmer Road, at the intersection of Arroyo Lane. The project is located within the bounds of the Black Forest Preservation Plan.

The 2013 El Paso County Parks Master Plan shows two proposed regional trail connections and one proposed bicycle route impacted by the project. The proposed Sand Creek Regional Trail alignment traverses the central portion of the property, along Sand Creek, while the Arroyo Lane Primary Regional Trail traverses east-west across the property, along Arroyo Lane. Furthermore, the proposed Vollmer Road Bicycle Route runs north/south adjacent to the western property boundary. The far northern edge of the property is located within the Black Forest South Candidate Open Space, although the impact is minimal, as these areas, Tract A and B, are designated as open space or future residential.

Before submitting the PUD Rezone/Development Plan, the applicant met with El Paso County Parks staff to discuss the aforementioned trail corridors and other recreational opportunities planned within the proposed development. The applicant’s Letter of Intent states the following:

“Applicant has met with County Park Staff regarding parkland. Only trail dedication has been requested. Initial review has indicated that the proposed 3.6 acre neighborhood park will satisfy the urban park requirement.”Staff Note: During early meetings with the applicant, Staff indicated that regional and urban park fees are required unless the developer entered into a park lands agreement prior to the recording of the final plats. The County typically does not give credit for regional park fees unless regional park land is requested.

“The Retreat at TimberRidge has been planned to have an internal focus on the Sand Creek Greenway and a 3.6 acre central neighborhood park with an additional focus on access to trails.”

“This is a recreation focused community. Recreational amenities, including neighborhood park and trails, are a significant part of the Plan.”

Staff Note: El Paso County Parks encourages creation of the greenway. Its mission is to develop regional parks, but it encourages developers to provide urban park facilities and recreational amenities.

The PUD Development Plan shows the 3.6 acre neighborhood park in addition to the Arroyo Lane and Sand Creek Primary Regional Trail corridors. Both trail

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corridors conform to the El Paso County Parks Master Plan, Trails Master Plan. The Development Plan also shows 69.12 acres of open space, or 23.6% of the total project area, dedicated to open space, regional trails, water detention, landscaping, and the neighborhood park. This plan far exceeds the required 10% dedicated open space requirement for PUD Development Plans.

The PUD Development Plan includes a preliminary residential lot layout, to be developed over six phases, including a future phase that is described currently as open space and future residential. Residential lot sizes range from 5 acres (future phase) and 2.5 acres to 7,200 square feet, with lot sizes increasing in acreage from south to north to better blend the density in with the surrounding neighborhoods and following guidelines set forth in the Black Forest Preservation Plan.

Not including Tract A (29 acres, Open Space, Future Residential), The Retreat at TimberRidge covers 264 acres and has been preliminarily planned for 482 residential lots for a total density of 1.83 dwelling units per acre, based on the PUD Development Plan. Upon recording of forthcoming final plats, regional park fees in lieu of land dedication for regional park purposes in the amount of $196,174 would be required, and urban park fees may be required if forthcoming final plats achieve the urban density threshold of 2.5 units per acre. The applicant could apply for an Urban Park Grant to help facilitate the construction of the 3.6 acre neighborhood park.

The PUD Development Plan shows 25-foot trail buffers along Sand Creek and Arroyo Lane. Parks staff recommends that all forthcoming preliminary plans and final plats show 25-foot trail easements within Tracts B, E, I, and J along the Sand Creek drainage, as well as the 25-foot trail easement along Arroyo Lane, and shall dedicate these 25-foot wide regional trail easements to the County for the County’s construction and maintenance of public multi-use trails on forthcoming final plats.Recommended Motion:

Recommend to the Planning Commission and Board of County Commissioners that approval of the Retreat at TimberRidge PUD Rezone/Development Plan include the following conditions, to be implemented on all forthcoming preliminary plans and final plats: (1) provide to El Paso County 25-foot public trail easements along the Sand Creek Drainage and Arroyo Lane that allow for public access, as well as construction and maintenance by El Paso County of primary regional trails, and these easements shall be shown on forthcoming preliminary plans and final plats, and the aforementioned easements shall be dedicated to El Paso County on forthcoming final plats; and (2) require fees in lieu of land dedication for regional park purposes. The amount of$196,174 was calculated for informational purposes and is based upon the preliminary lot layout and will be adjusted as preliminary plans and final plats are submitted.”

P l e a s e l e t m e k n o w i f y o u h a v e a n y qu e s t i o n s o r c o n c e rn s.

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Sincerely,

Ross A. Williams Park Planner Planning DivisionCommunity Services Departmentr o ssw illi a m s @ e lpa s o c o . c o m

BLACK FOREST LAND USE COMMITTEE

1. The Black Forest Land Use Committee has reviewed this proposal and recommends DISAPPROVAL of the preliminary plan because it is not in conformance with the Black Forest Preservation Plan. The committee is not opposed to a PUD rezoning because this would be likely and acceptable for anyone developing this parcel. The Land Use Committee opposition is to the density and water use planned for The Retreat.

2. Well-designed and attractive residential developments in the county may have small clusters of homes, but to have large, dense developments that become small “towns” inconsistently placed in random places among much larger lot developments shows poor planning. This type of short-sighted planning results in less desirable properties and reduced property values. Existing zoning, the Preservation Plan and the legitimate expectations of established residents in the area call for far lower density than this proposal. Giving preference to different, non-conforming proposals at the expense of established residents is totally inconsistent with good governance.

3. The Retreat at Timber Ridge is in the Southern Transitional Area in the Preservation Plan. On page 95 under item “10. Southern Transitional Area,” it says, “A key element in this unit is a low density residential buffer area. This buffer would originate along a line one quarter mile north of a major corridor if such a roadway is constructed and if it is located within two miles of Woodmen Road. Overall densities are expected to decrease rapidly from approved densities at the line to one dwelling per five acres at the Timbered Area Edge.” The major corridor within two miles of Woodmen Road would be an extension of Stapleton Road, the alignment of which has not yet been determined. Assuming a straight east-west alignment of Stapleton Road, one quarter mile north of the Stapleton extension would be the southern border of the Retreat at Timber Ridge. The “approved densities” at this southern border are those of the master plan for Sterling Ranch. If you refer to the attached preliminary design for The Retreat, you will see that Sterling Ranch has 1/2-acre lots on the south, west and east of the southern edge of The Retreat

Therefore, the “approved density” on the border of the south end of The Retreat is 1/2-acre lots, three times the size of the 1/6-acre lots proposed for The Retreat.

The surrounding densities around The Retreat decrease to 5-acre lots on both sides of The Retreat as one moves north. Therefore the proposed densities for The Retreat

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are significantly higher than the existing densities and the approved densities for the Sterling Ranch Master Plan. The fact that there are several 1-acre lots along the northern edge of The Retreat does not provide a reasonable transition from the 5-acre zoning and lots to the north, east and west.

4. The Retreat proposes to use groundwater from wells on the Sterling Ranch property. Using groundwater for an urban development such as this will result in water usages far exceeding normal and usages that are not sustainable over time. Compare properties with 2.5 acres and a private well to a density of 4 lots per 2.5 acres at The Retreat and the results are a four-fold increase in water usage. Add to this that these homes will all have lawns compared to 2.5 acre lots where very few have lawns and you might easily have a 5-fold increase in water use per acre for The Retreat.

5. Residents who purchased land or homes in the area around The Retreat purchased with the expectation that the zoning was RR-5 and homes would be restricted to 5-acre lots or smaller lots with a 5-acre average per lot. This proposal places a small “town” next to 5-acre and larger parcels. The resultant traffic increase and noise is not consistent with the rural, residential flavor of the Black Forest.

The recommendation of the Land Use Committee is for the northern third of The Retreat to be 2.5-acre lots, the middle third 1-acre lots and the smaller parcel on the south, 1/2-acre lots. This arrangement is more generous than the Sterling Ranch master plan and blends better with the proposed zoning of Sterling Ranch.

Given these limitations, inconsistencies and violations of the Preservation Plan, the Land Use Committee strongly urges DISAPPROVAL of this preliminary plan.

Terry Stokka, ChairmanBlack Forest Land Use Committee

Comment: The trails proposed seem adequate along with the open space, park, and drainage and buffer making up almost 25% of the development. County regional trails along Sand Creek and along Arroya Lane should provide good trails for users. The trail system owned and maintained by a Metropolitan district hopefully will be available to all users.

BLACK FOREST FIRE PROTECTION DISTRICT

BFFRPD has reviewed the plan and met with the developer. The plan meets the Districts requirements for access/egress and turnarounds. No additional comments.

Comment: Please contact the Black Forest FPD to discuss specific district response, service and the impact to the district for the proposed development.

Bryan J. Jack Fire Chief

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PIKES PEAK REGIONAL BUILDING DEPARTMENT

Enumerations

Regarding a request for approval of a Planned Unit Development plan for Retreat and TimberRidge, Enumerations has the following comments:

1. The road names for this development have already been approved, However, Mount Jackson Drive as shown on the development plan was approved as Mt Jackson Dr., Mount Elder Dr. was approved as Mt Elder Dr., Antelope Ravine Drive was approved as Antelope Ravine Avenue, and Purple Range Trail was approved as Purple Range Terrace.

2. We are assuming that this development will occur in multiple phases. It would be very helpful if we were provided with a large scale copy of the entire development for addressing as early in the process as practical. This will help ensure correct and consistent addressing across all phases. Indicate locations on all lots and tracts needing an address with (xxxx). It would also be useful to have any plans for the parcels to the east and south, more specifically along Aspen Valley Parkway, Mt. Jackson Dr. and Bison Valley Trail so that addresses can be projected accurately.

3. Enumerations will have more comments as each phase is individually submitted.

1. Please provide a 100 scale copy for addressing purposes. Addressing will not start until received

2. Have the street names been approved? If so, provide an email from El Paso/Teller 9-11 Authority, this is required.

3. Can you show me where Arapahoe Valley Way, Mt. Jackson Drive, Aspen Valley Parkway & Bison Valley Trail are intended to extend? This will help with addressing for future development

Floodplain

1. There is significant floodplain exposure in this development. Compliance with Regional Building Code section RBC313 is required. Contact Floodplain Administrator Keith Curtis ([email protected], 719-327-2898) with questions or concerns regarding compliance.

BRENT JOHNSON Enumerations Plans Examiner

719) 327-2888 www.pprbd.org

STERLING RANCH METROPOLITAN DISTRICT

Comment: In response to the proposed project this parcel will be subject to the Sterling Ranch Metropolitan District Fee’s and mill levies This proposed site would be subject at time of plat and building permit, district fees At this time the Board has not set the fees.

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BLACK FOREST TRAILS ASSOCIATION

The regional multi-use trail going east-west along Arroya Lane is depicted ending at Vollmer Road. An extension of the trail is needed through Tract A in order to connect to the property west of Tract A,

COLORADO PARKS AND WILDLIFE

Colorado Parks and Wildlife (CPW) has reviewed the plans for the retreat at Timber Ridge near on Vollmer Road and Poco Road. The area included within the Development boundaries will sustain numerous wildlife species including deer, elk, pronghorn, turkey, black bear, mountain lion, coyote, fox, raptors, songbirds, and numerous small mammals. CPW makes the following recommendations.

CPW recommends consultation with the Army Corps of Engineers to ensure compliance with the Clean Water Act due to the identification of possible jurisdictional wetlands on the site. CPW will comment on specific plans for wetland-related issues as part of that 404 permitting process but there are some general recommendations to be considered during the development of the wetland mitigation plan prepared as part of section 404 permitting.

We would request that all areas of disturbance and exposed soils above the ordinary high water mark be re-vegetated with a native seed mix. This will contribute to the replacement of lost riparian vegetation values and minimize establishment of noxious weeds. The placement of willow sprigs or bare root stock should also be considered along the banks, especially in those areas which have been disturbed. We recommend planting of vegetation along the bank to help reduce and control erosion and contribute to bank stability over the long term. The site should be monitored for a period of at least two growing seasons. Any stands of noxious weeds that become established should be controlled with appropriate mechanical and/or chemical methods suitable for the proposed location. CPW recommends using a clean fill material, if needed, that would be conducive to growing native vegetation that will help stabilize the banks. Non-native vegetation can overrun native vegetation and can become problematic. A seed mixture of native grasses is also recommended to provide a good support system in the soil.

CPW further recommends crossing riparian corridors and streams at a perpendicular angle, in order to reduce impacts to natural resources, as well as spanning the corridors with structures located outside the riparian and stream zone. CPW recommends avoiding treed areas of cottonwood and

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willow, as these areas provide bird and wildlife habitat. During construction, stream crossing by construction vehicles should be avoided. CPW requests that any new service roads that are proposed for construction in conjunction with the project avoid crossing creeks or stream beds to avoid impacts to wildlife and habitat. If any new access or maintenance roads will be constructed that cross stream habitat, CPW would like to be consulted on best management practices and options for construction to minimize impacts. A construction design for any new or reconstructed riparian crossing that actively minimizes barriers to fish passage at all water levels and mitigates any existing barriers where possible would minimize the negative impact of the project on native fish species.

CPW recommends the following Best Management Practices when working in or near aquatic habitats.

Drainages should be crossed perpendicular to the flow of the stream Use existing road crossings and existing stream crossings for vehicles and

other construction equipment instead of building new roads and stream crossings

The width of construction should be minimized within the 100-year floodplain, Stream bank, wetland restoration/improvement should be performed, where

necessary Vehicle and equipment crossing of creeks/streams should be made in

locations that will cause the least erosion of banks and sedimentation.

As for more general construction protocols, CPW recommends low speeds for construction vehicles to avoid wildlife collisions. Where new roads are required, CPW recommends that these single-purpose roads are gated to reduce traffic disruptions to wildlife. If any temporary (e.g., construction) or permanent fencing is proposed, CPW recommends that it is the wildlife-friendly fencing that allows young to cross, and does not include high-tensile hogwire.

CPW recommends the development and implementation of a noxious weed control plan for the site. All disturbed soils should be monitored for noxious weeds and noxious weeds should be actively controlled until native plant revegetation and reclamation is achieved. Care should be taken to avoid the spread of noxious weeds, and all construction equipment should be cleaned prior to leaving the site. A noxious weed management plan should be developed prior to any disturbance of the site. CPW recommends that all landscaping in the developed area should be comprised of native species. Using native species with high food and cover values in an open space area is beneficial to wildlife. This can encourage wildlife to concentrate in areas that minimize human conflicts and optimize wildlife watching opportunities. Native plant species can also provide an aesthetically pleasing landscape that requires little maintenance, and are frequently more drought-tolerant than non-native species

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CPW recommends a 100 foot buffer zone be permanently placed around the creeks and ponds. If a trail is constructed near the creek or ponds, it should be a minimum of 100 feet from the edge. This buffer zone will offer wildlife utilizing the creek and ponds less disturbance by development and decrease the likelihood of human and wildlife encounters. The existing native riparian vegetation around the creeks, the ponds and in the drainage ways should be kept intact for wildlife habitat and to increase ground stabilization.

Trails would provide excellent opportunities for wildlife viewing. However, if trails are placed too close to areas utilized by wildlife it creates disturbances resulting in reduced wildlife viewing opportunities. CPW recommends constructing trails on the outer edges of open space areas. This minimizes wildlife disturbance and creates increased wildlife viewing opportunities. Trails near creeks and drainage areas should cross perpendicular rather than run parallel to these critical wildlife habitat areas. Crossings should occur in areas that have the least usage by wildlife in order to have minimal impacts on wildlife.

There is suitable habitat for nesting raptors and migratory birds along the trail route. CPW recommends the use of pre-construction surveys to identify raptor nests within the project area and implement appropriate restrictions. CPW recommends adherence to the recommended buffer distances and timing stipulations identified in the attached document “Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors”.

Care should be taken to avoid the destruction of active dens and nests while constructing structures, ponds, and trails. Possible dens or nests should be monitored for species activity. CPW would be concerned if trees and snags were removed for the development. The main concern with removal of trees is that these trees may be currently occupied or historic nest sites. Please take care to avoid removal of trees with occupied nests. For raptors, an active nest is any nest that is frequented or occupied by a raptor during the breeding season or which has been active in any of the five previous breeding seasons. Many raptors use alternate nests in various years; therefore, a nest may be active even if it is not occupied in a given year. Removal or relocation of any active raptor or migratory bird nest will require consultation with CPW and US Fish and Wildlife Service prior to disturbance. Both active and potential nest sites, winter night roosts should be considered when evaluating disturbance during construction.

US Fish and Wildlife Service should be consulted on any Federally-listed Endangered and Threatened Species that might be present at the location. CPW recommends consultation with the U.S. Fish and Wildlife Service when permitting any

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permanent or temporary activity within known or potentially occupied Preble’s meadow jumping mouse habitat.

Fences can cause many problems for wildlife, including death, entanglements, and barriers to movements. CPW recommends the developers consult our publication Hanophy, Wendy “Fencing with Wildlife in mind.” CPW.state.co.us. 2009 when considering the design of fences within the development. The publication is available on our website and we would be happy to provide a link to the PDF specifically. The use of privacy fencing, chain link fencing, and other exclusionary fencing should be at least 6 feet high and should be restricted to the immediate area surrounding the buildings or within the designated building envelope and should not be used as a method to designate boundaries of larger lot sizes (> 1 acre). Fencing outside the immediate building envelope or area surrounding the buildings on larger lots within the known range of elk, deer and pronghorn should be a maximum top height of 42” with at least 12” spacing between the top two wires or rails and a bottom wire or rail at least 16” above the ground to allow passage of juvenile animals and pronghorn antelope. It is also recommended that the top and bottom wires be a twisted barbless type or smooth wire or rail construction. Construction of ornamental wrought iron fencing with closely spaced vertical bars (<12”) and sharp projections extending beyond the top horizontal bar should be strongly discouraged in areas where deer, elk, and black bear are known to occur. This type of fencing typically ensnares deer and elk by the hips when trying to squeeze through and impales animals attempting to go over the top. It should be noted that it is very distressing to find wildlife in or impaled on fences.

Due to the potential presence of black bears in the Development, CPW recommends several measures to reduce the potential for human bear conflicts. First, we recommend that the owner invests in bear-proof trash containers. Trash containers should be stored in the garage or in a solid locked storage shed until the morning of trash collection during those months when bears are most active (April – November). Another possible alternative would be the use of a centralized and securely fenced trash collection site with the use of bear proof dumpsters that employees, customers, and the trash service provider would have access to. This would eliminate the need for individual trash cans. Second, residents and food vendors should also keep their barbecues and any food locked away in the garage or a secure building. Finally, we would recommend that the use of bird feeders and hummingbird feeders be discouraged, during the months mentioned above, since they also attract black bears. However, if feeders are used, they should be placed so they are inaccessible to black bears, raccoons, skunks, deer and other wildlife species that might cause damage or threaten human safety. A copy of a brochure entitled, “living with wildlife in bear country” is available for reference upon request from CPW.

The following is a list of general recommendations the CPW would like to be taken into consideration with the residential side of this development in order to avoid

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nuisance conflicts with wildlife. Many times these conditions can be enforced through the local Homeowner’s Association or through covenants.

Pets should not be allowed to roam free and fences should be installed to decrease or eliminate this problem. Dogs and cats chase or prey on various wildlife species. One benefit to keeping animals under control is that they are less likely to bother other people, be in roadways or become prey for mountain lions, coyotes, foxes or owls.

Trash should be kept indoors until the morning of trash pickup. The CPW recommends using bear resistant trash containers. Bears, skunks, raccoons, and neighborhood dogs are attracted to garbage and do become habituated.

Feeding of all wildlife should be prohibited, with the exception of songbirds. The use of bird feeders, suet feeders, and hummingbird feeders are discouraged. However, if feeders are used, they should be placed so they are inaccessible to bears, raccoons or skunks and other wildlife species that might cause damage or threaten human safety. It is illegal to feed big game including deer, elk, antelope, moose, bear and lion.

Pets should be fed inside or if pets are fed outside, feeding should occur only for a specified period of time and food bowls returned afterwards to a secure site for storage. Pet food left outside attracts various wildlife species which in turn attracts predators.

When landscaping lots, it is strongly recommended that native vegetation be used that wildlife is less likely to be attracted to. Planting of trees and shrubs that are attractive to native ungulates should incorporate the use of materials that will prevent access and damage (fencing, tree guards, trunk guards, etc.).

It is strongly encouraged that dog kennels have a top enclosure, regardless of the height of the kennel.

CPW appreciates being given the opportunity to comment. Please feel free to contact District Wildlife Manager Benjamin Meier at 719-227-5231 or [email protected] should you have any questions or require additional information.

MOUNTAIN VIEW ELECTRIC ASSOCIATION, INC

This area is within MVEA certificated service area. MVEA will serve this area according to our extension policy. Due to the density of this development and developments in the vicinity , connection requirements will include provisions for construction of a new transmission line and a substation along with other system improvements, and payment of all fees under MVEA line extension policy.

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MVEA requests a ten (10) foot front, side and rear lot line utility easement along with a twenty(20) foot exterior easement on plat. MVEA also requests platting of existing MVEA facilities with easement on the plat. If open space, drainage and landscape tracts are designed in this subdivision MVEA requests these areas be listed to include utilities. Additional easements may be required once a review of civil drawings with grading and erosion plan is provided to MVEAin order to serve this development.

MVEA may have existing facilities near and within this parcel of land. If there is any removal or relocation of facilities it will be at the expense of the applicant.

If additional information is required, please contact our office at (719) 495-2283 .

Comment: Thank you for the opportunity to review the comments.

Cathy Hansen-Lee Mountain View Electric Association, Inc.

COLORADO GEOLOGICAL SURVEYColorado Geological Survey has reviewed the Retreat @ TimberRidge PUD referral. I understand the applicant proposes 482 residential lots on 293 acres located in the area of Vollmer Road and Arroya Lane. The available referral documents include a Type D Application Form (signed April 12, 2017), Letter of Intent (April 2017), a set of three PUD plans (NES, Inc., April 17, 2017), a copy of Sand Creek LOMR 08-08-0541P (FEMA, effective July 23, 2009), a Master Development Drainage Plan for the Retreat at TimberRidge (“For Comment,” Classic Consulting Engineers & Surveyors, undated), an Impact Identification Report (Core Consultants, March 31, 2017), a Soil, Geology, and Geologic Hazard Study, The Retreat at Timber Ridge, and a Soil, Geology, and Geologic Hazard (Study?), The Retreat at Timber Ridge, 2.5+ Acre Lots (Entech Engineering, April 12, 2017), and other documents. Lots R-1 through R-12, 2.5 to 5 acres each, located north of Arroya Lane and west of Vollmer Road, are proposed to use individual wells and onsite wastewater systems (OWS).

The property is located immediately south of the Black Forest. The site contains mostly gentle to moderate topography, with steep slopes along the Sand Creek drainage. The site does not contain, nor is it exposed to, any identified geologic hazards that would preclude the proposed residential use and density. CGS therefore has no objection to approval of the PUD as proposed.

Entech’s reports contain valid descriptions of the site’s geology, surface and subsurface conditions and engineering properties, and potential development constraints. I agree that the site is suitable for the proposed development, provided Entech’s recommendations are strictly adhered to regarding additional characterization and mitigation of shallow groundwater and perched water;

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erosion, downslope creep and potentially unstable slope areas; artificial fill; loose, low density, potentially low strength and/or collapsible soils; and expansive soils and bedrock. Specifically:

Shallow groundwater and basement feasibility. Entech notes evidence of seasonally shallow groundwater at depths of 5 to 6 feet in test pits 2 and 3, corresponding to proposed lots R-10 and R-11, and water was observed at 5 feet in test boring 2, located close to Sand Creek approximately behind proposed lots 213-215. Entech maps areas of seasonal shallow water (sw) and potential seasonal shallow water (psw) in many areas of the site, generally corresponding to Sand Creek and smaller drainages. It does not appear that there is a widespread shallow groundwater condition that would preclude full-depth basement construction on most or all proposed lots. Entech states (page 7), “Builders and planners should be

cognizant of the potential for the occurrence of such subsurface water features during construction on-site and deal with each individual problem as necessary at the time of construction.” This may be a valid strategy for mitigating instances of thin, discontinuous water-bearing sand and gravel lenses and intermittent perched water conditions, but additional investigation and analysis are recommended to confirm the feasibility of below-grade construction on lots where basements are proposed adjacent to Sand Creek and in Entech’s observed shallow groundwater areas.

Lowermost floor levels must be located at least three feet above maximum anticipated groundwater levels, to reduce the risk of water infiltration into below-grade spaces, and damp, mold-conducive conditions.Full-depth basement construction should therefore not be allowed where shallowest seasonal water levels are less than about 11 feet below the ground surface (more if basement heights greater than 8 ft. are planned). Individual foundation perimeter drains are intended to handle small amounts of intermittent, perched water, and are not to be used to mitigate a persistent shallow groundwater condition.

Erosion setback. No lots appear to encroach on the mapped Sand Creek flood hazard zone. However, CGS recommends a conservative setback from flood zone boundaries and Entech’s mapped potentially unstable slopes (Entech’s Figure 7 in both reports) to reduce hazards associated not just with rising floodwaters but also erosion, scour, and local slope failures. The setback should be determined based on site-specific analysis of topography and soil erosion properties, and should be specifically identified on the plat as non- buildable. The value of a conservative setback was demonstrated during the flood event of September 2013 in Boulder and Larimer Counties.

Other geotechnical constraints. Entech provides appropriate mitigation strategies for use where artificial fill, loose, low density, potentially low strength and/or collapsible soils, and expansive soils and bedrock are present. Lot specific, design-level geotechnical investigations including drilling, sampling, lab testing and analysis will be needed, once building locations are identified, to determine groundwater levels, and to characterize soil and bedrock engineering properties

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such as density, strength, swell and consolidation potential, and bearing capacity at and below approximate foundation bearing depths. This information is needed to determine maximum bearing and minimum dead-load pressures, and to develop final design criteria for foundations, floor systems, pavements, and subsurface drainage.

Thank you for the opportunity to review and comment on this project. If you have questions or require additional review, please call me at (303) 384-2643, or e-mail [email protected].

Sincerely,Jill Carlson,C.E.G. EngineeringGeologist

Colorado Geological Survey has no objection to PUD approval. Our June 12, 2017 comments remain valid.

Due to the number of comments and necessary revisions to the plan(s) an additional detailed review will be necessary. Please address the comments as listed above. A detailed letter needs to accompany the revisions to allow for an expeditious re-review timeframe. The letter should include each comment listed above and, immediately thereafter, include a response from the applicant addressing the comment.

If any review agency has an issue that needs resolution or requires a revision, you will need to provide the necessary documents, drawings, etc., to the Planning and Community Development Department in the form of a resubmittal. The Planning and Community Development Department will then forward the resubmitted items directly to the appropriate review agency. If you have any questions pertaining to specific agency comments please contact the appropriate agency directly.

When all the comments have been addressed and corrections made please upload the required documents as requested.

If you have any questions feel free to contact me at 520-6306.

Best Regards,

Kari ParsonsEl Paso County Planning and Community Development Department

cc: Jeff Rice PEFile:PUD17003

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