SP-01-019
713.28, .29, .32, .33, 714.26, .27
PRELIMINARY PLAN
FOREST LAKES

A request by Forest Lakes LLC for approval of a Preliminary Plan to allow 467 dwelling units, open space, parks, utilities and a school site. The 990-acre parcel is currently zoned R (Residential) and RR-3 (Rural Residential) Zone Districts and is located in the Tri-Lakes area north of the Air Force Academy and west of Interstate 25. Tax Schedule #'s 71000-00-323,356; 71260-00-001.

WAIVERS:
1) Non-standard street sections in hillside areas;
2) Private streets in patio home areas;
3) One non-standard cul-de-sac bulb;
4) Excess of 1,000 ADT (Average Daily Trips) on a local non-collector street;
5) In excess of 10 lots served by a non-through street.

Planning Division NOTES:
1) See PUD-01-009 for related comments and further description of this project.
2) The applicants have submitted a combined PUD Development Plan/ Preliminary Plan.

PLANNING COMMISSION ACTION: A motion for approval failed (3-6 - Commissioners Salute, Roulier, Pullara, Sery, Bell and Bernstein voting in opposition), resulting in denial of the request at the February 26, 2002, meeting of the Planning Commission.

Mr. Jambura indicated the density and lot configuration has been set by approval of the PUD rezoning, therefore, denying the Preliminary Plan does not make sense.
Mr. Mason agreed and added the applicant has presented a good plan which is consistent with the Tri-Lakes Comprehensive Plan.

For Those Speaking For/ Against, Public Notice/ Notification, Adjoining Property Owner Responses/ Comments, please refer to the previous item (PUD-01-009).

BACKGROUND, DESCRIPTION OF PROJECT, ADJOINING USES - See Comments for the Preliminary Plan, SP-01-019,

WAIVERS: El Paso County Department of Transportation has stated they do not have an objection to any of the requested waivers. Waiver #5 is discussed in detail under the Planning Division comments. There will be a second emergency access.

STATUS OF 1988 PRELIMINARY PLAN CONDITIONS

Although the 1988 Preliminary Plan (SP-87-004) for a portion of this property is no longer in force and effect, the status of those conditions is highlighted for general comparative information. Parenthetical staff comments address the relevance of the condition to the current proposed Preliminary Plan, along with the recommended approach at this time.

1) An Avigation Easement to the benefit of the Air Force Academy be granted in conjunction with all Final Plats within this project.

(Comments have been received from the Air Force Academy. They have proposed specific language for any Final Plat. This is recommended as a condition.)

2) Prior to recordation of a Final Plat the applicant shall receive approval by F.E.M.A. of the proposed revised 100-year floodplain based upon the construction of the dams and channel improvements.

(Revised floodplain boundaries are available and are depicted on the current Preliminary Plan.)

3) All Final Plats shall depict the 100-year floodplain as "no-build" areas.

(These areas are so depicted on the new Preliminary Plan and this will carry over to any Final Plats.)

4) Prior to recordation of a Final Plat, Emergency 911 and the Regional Building Department shall approve the proposed street names.

(Emergency 911 will comment on any Final Plats.)

5) Prior to approval of a Final Plat by the Board of County Commissioners a recommendation for a finding of sufficiency (relative to the proposed water supply) shall be received from the County Attorney.

(Similar condition is proposed.)

6) No building permits shall be issued until the water and wastewater treatment plants are operational.

(The wastewater treatment plant is soon operational, although not the collection system to get to it. A similar condition is proposed for the water system - which has yet to be constructed.)

7) All Final Plats shall contain a notation requiring all structural foundations to be located and designed by a Colorado Registered Professional Engineer.

(A similar condition is proposed.)

8) In conjunction with the submittal of a Final Plat the applicant shall coordinate with the Division of Wildlife to develop and implement a Wildlife Impact Mitigation Plan.

(The Colorado Division of Wildlife has not responded to this request directly. However, the U.S. Fish and Wildlife Service has been actively involved in the project. The amount and location of dedicated open space should be relatively conducive to preservation of wildlife to the degree that the aggregate impacts of the dwelling units will be minimized.)

9) The Final Plat shall provide for secondary all-weather emergency access to the north side of the project.

(This condition is addressed by the Lindbergh connection which is recommended as a requirement by staff.)

10) Prior to approval of a Final Plat for Phase I, the ten (10) acre school site as requested by School District #38 shall be identified and agreed upon by the District.

(A larger site is depicted on the Preliminary Plan. This is acceptable to School District #38.)

11) Documentation regarding the maintenance of the common areas, trails and dams shall be submitted to and approved by the County Attorney prior to consideration by the Board of County Commissioners of a Final Plat for this development.

(The Forest Lakes Metropolitan District will own and maintain these properties and facilities, unless other specific arrangements are made and approved by the County.)

12) The applicants shall be required to construct and maintain for public use a park trail across their property to link up with the Parks Department's trail from the Santa Fe Trail to the United States Forest land.

(The applicants show this link in their plans and it will be an ultimate requirement of platting. The issue is also addressed in the proposed Development Agreement.)

AGENCY COMMENTS

STATE ENGINEER'S OFFICE submitted the following:

November 16, 2001
We have received your submittal concerning the above referenced proposal to subdivide 1,017 acres into 467 residential lots. The estimated water requirements were described as either 183 acre-feet annually (according to the Water Supply Information Summary form) or 209 acre-feet annually (according to the August 2001 report by Kiowa Engineering) for the 467 residences. The proposed water supplier is Forest Lakes Metropolitan District, and a copy of an August 16, 2001 letter from the District committing service was provided.

Information in our files indicates the District has sufficient water resources to supply this subdivision at the 209 acre-feet per year level of demand. Pursuant to the provision of C.R.S. 30-28-136(1)(h)(II) it is the opinion of this office that so long as the applicant provides to the county a commitment for service from the District the proposed water supply can be provided without injury to existing water rights. If you have any questions please contact Keith Vander Horst of this office.

THE COUNTY ATTORNEY'S OFFICE submitted the following Findings and Conclusions:

1) This is a proposal by Forest Lakes, L.L.C., to subdivide 990 acres into 467 residential lots; two neighborhood parks (19.6 acres); a ten-acre school site; and approximately 450 acres of open space. The property is currently zoned R and a request has been made to rezone it as PUD. The property is located in portions of Sections 26, 27, 28, 29 and 33, all in Township 11 South, Range 67 West of the 6th P.M., El Paso County, Colorado.

2) The Applicant has provided for the source of water to be from a central water system--Forest Lakes Metropolitan District. In the Water Supply Information Summary, the Applicant estimates its annual water requirements to serve in-house use and irrigation of lawn and gardens at 183.6 acre-feet or 0.39 acre-feet per lot. There is a different estimate in the Water Supply Plan prepared by Kiowa Engineering dated August 2001. In that report, total annual water demand for the Forest Lakes Metropolitan District is estimated at 541 acre-feet, and total annual water demand for the residential parcel is estimated at 209 acre-feet. The Kiowa Water Plan indicates that start-up demands will be met by use of Denver Basin aquifer waters. These waters would be subject to the County's 300 year water requirement. Both Applicant and the Kiowa Water Plan indicate that the majority of the supply is from surface waters and are renewable. To the extent the supply is composed of renewable water, under § 49.5.D.4.c of the El Paso County Land Development Code, renewable water is considered annually renewable, and therefore, is considered to have a minimum life of 300 years.

3) In a letter dated November 16, 2001, the State Engineer states that the Applicant gave an annual estimate of 183 acre-feet on the Water Supply Information Summary form, but an August 2001 report by Kiowa Engineering indicates 209 acre-feet of water is required annually. The Engineer is of the opinion that Forest Lakes Metropolitan District has sufficient water resources to supply 209 acre-feet to this subdivision. Pursuant to C.R.S. 30-28-136(1)(h)(II), C.R.S., the proposed water supply is adequate and would not injure decreed water rights providing the District sends a letter of commitment to the County.

4) The President for Forest Lakes Metropolitan District sent a letter of commitment dated August 16, 2001, to provide water and wastewater services to serve 467 residential units in the Forest Lakes Subdivision. He indicates that this commitment also covers an additional 80 acres, which must be formally included within the boundaries of the District through a District Court Order, prior to service.

5) The water quality requirements of Section 49.5E of the Land Development Code must be satisfied.

6) There are questions that need to be answered and additional information that will need to be analyzed before this office can make a recommendation for a finding of sufficiency as to quantity and dependability, including, but not limited to, the following matters. First, Applicant needs to clarify what is the total demand of water required to serve the development. Based on the information provided, it is not clear whether this preliminary plan covers only residential use with a demand of 209 acre-feet or 183.6 acre-feet, or whether there are additional uses that will also require water. Second, the Applicant needs to clarify what amount of water will be withdrawn from Denver Basin aquifers for the start-up supply, and what portion, if any, of the initial phase of the development will rely on renewable sources. Third, the Order of Inclusion of the additional 80 acres referenced in the District's commitment letter will have to be provided. Fourth, the numerous water court decrees need to be obtained from Applicant and reviewed. Some have been provided, and others may be required. There are ten different water court decrees under which water may be provided. Fifth, there is an Exchange Agreement with Colorado Springs Utilities that Applicant needs to provide to the County Attorney's Office for review. Sixth, since the water supply system of Forest Lakes Metropolitan District is a new system yet to be completed, Applicant will need to be able to address the dependability issues as discussed in the following paragraph during the final plat stage.

7) Dependability. There are a number of criteria under the dependability section of the Land Development Code that must be met in order to make a sufficient dependability recommendation. In the past, for proposed new central water systems such as this one, the County Attorney's Office has required an applicant to produce a number of pieces of evidence to address the financial, managerial, and operational criteria in an effort to arrive at a fair determination of dependability. However, it is difficult to quantify how much and what type of evidence or documentation is required to meet the criteria.

Recently, the County Attorney's Office and the Planning Division have decided to take a different approach to the dependability finding for new central water systems such as the one proposed for Forest Lakes. For a "community water system" such as the one Applicant proposes for Forest Lakes, the Applicant will be subject to the technical, managerial, and financial ("TMF") capacity requirements under the 1996 Amendments to the federal Safe Drinking Water Act, which requirements are outlined in the Colorado Department of Public Health and Environment ("CDPHE") regulations (particularly their New Water System Capacity Planning Manual ("Manual")). The information required in the TMF capacity review is similar to the technical and financial requirements under the County's dependability criteria. Therefore, in order to provide better guidance regarding meeting the County's dependability criteria to developers proposing to use new central water supply systems, including Applicant, the County Attorney's Office and the Planning Division have agreed that the following requirements are based on the dependability criteria in § 49.5.C. of the El Paso County Land Development Code, and will allow the Applicant to proceed through the final plat hearing process with a conditional finding of sufficiency as to dependability if the following information is provided and conditions are met:

a. Applicant shall provide a firm letter of commitment that it can and will provide water service to the Forest Lakes development. Such a letter has been received.

b. Applicant shall agree to the following conditions:

1) Prior to recording the final plat, Applicant shall provide written proof that it has complied with all applicable federal, state and local laws and regulations regarding central water systems and new water works, including, but not limited to, the CDPHE's TMF capacity review and construction approval requirements. Such compliance will satisfy the outstanding technical and financial criteria under the County's sufficient dependability requirements at § 49.5.C of the Land Development Code.

2) Applicant shall agree to do either of the following:

a) Collateralize in the Subdivision Improvements Agreement ("SIA"), in a form acceptable to the County, the construction and installation of the new central water system; or

b) Place a restriction either in the SIA or on the plat prohibiting sale of lots until a qualified Professional Engineer has certified that the new central water system has been constructed and is operational for the intended use. This would satisfy the County's certification requirement for building permits as set forth in paragraph c below.

c. If Applicant chooses option b.2.a above, then prior to authorization by the Planning Division for the issuance of building permits, Applicant, its successors and assigns, shall provide to the Planning Division a certification by a qualified professional (knowledgeable with the water system) certifying that the water system is operational for the intended use.

8) Therefore, at this time, given the outstanding matters identified above in Paragraphs 6 and 7, and despite the State Engineer's findings of no injury to existing water rights and an adequate water supply, the County Attorney's Office would recommend a finding that the proposed water supply is insufficient in terms of quantity and dependability. The El Paso County Health Department shall make a recommendation as to water quality.

STAFF NOTES:
1) A summary of the water supply plan is attached.
2) As noted below, staff believes a finding of general PUD water sufficiency can be made at this time.

COLORADO GEOLOGICAL SURVEY submitted the following:

September 24, 2001
In response to your request and in accordance with Senate Bill 35 (1972), I visited the site on September 19, 2001 and reviewed the site plan. The site consists of 990 acres to be rezoned and developed to include 467 lots ranging in size from 3,200 square feet to 12 acres, a 10-acre school site, 19.6 acres of parks, and 450 acres of open space.

Included in the review package were the Letter of Intent (8/24/01), the Preliminary Plan/ Development Plan (8/24/01), Slope and Composite Analysis (8/24/01) by NES, Inc.; Master Development Drainage Plan (8/7/01) by Kiowa Engineering and Geologic Hazards Evaluation (8/1 5/01) by CTL Thompson, Inc. Central water and sewage disposal will be provided off site. Building envelopes and centrums were designated on the preliminary plan. It does not appear that the same lot lines were used in the preliminary plan as in the drainage plan.

The site is located along the Beaver Creek basin, west of Baptist Road in a ranch area. Beaver Creek drains the site east into Bristlecone Lake and Pinon Lake, then to Monument Creek. Primary geologic deposits consist of loosely compacted alluvium and colluvium over the upper Dawson member. No evidence of active landslides was observed during the site visit. High consolidation testing results indicate potentially collapsible soils in areas. Sporadic swelling soils and bedrock are known to exist. Groundwater levels vary, but may be shallow in areas near drainages and lakes. Specific concerns regarding the geologic conditions of the site are as follows:

Ø The soils in the area are highly erodible. Evidence of active gulleying and erosion were visible in several areas during the site visit. Steeper slopes are prone to heavy erosion and evidence of old debris flow chutes was observed. Care should be taken to prevent construction in areas where drainages" already exist (see below), as future scour will only increase erosion rates. Additionally, heavy sediment loads can be expected following high runoff events. Detention pond design and maintenance should take this into account. The ponds should be located upstream of the lakes in order to prevent filling from heavy sediment loads. Best management practices should be taken to ensure prompt revegetation and minimal damage to soils during construction.

Ø Groundwater may be shallow in areas near drainages and lakes. Lots in these areas should include adequate water drainage and removal designs for subsurface construction. Water may also perch on the bedrock surface seasonally, after storm events, or as a result of . irrigation. Several areas of ponded water were observed along the roadways during the site visit. Drainage calculations need to be made based on accurate lot arrangements and densities; therefore the drainage report should be amended appropriately.

Ø Several lots are located in areas of concern. The lots along the proposed Mesa Ridge Lane north and east of the old homestead (lots B23-B27) and Mesa Ridge Lane are located directly in a drainage (Figure 1). During the site visit, there was evidence that this drainage can be quite active. Older alluvial deposits including large boulders up to 4 feet in diameter were observed throughout the area indicating past high-energy events. Mitigative measures need to be addressed for this drainage way. The drainage plan does not address this area in detail, and does not even have the same lot lines shown as are on the preliminary plan. Off site drainage basins are large enough that this area could continue to have episodic flooding events in the future. Additionally, the cent= for lot D34 appears to lie in the same drainage channel and should be moved to the west of its current location.

Three lots appear to have centrums in areas where smaller drainages from the northern pediment surface may be of concern. Lot D23 should move its centrum east and out of the drainage. Lots B 13 and B 14 also lie in a swale. These two lots may be mitigated with a diversion ditch that could accommodate any water and sediment, which may come down.

It should be noted that lots D58, D59, D64, D114, D115, D116, D117, and D118 lie within geomorphic terrain indicating old debris flow chutes and fans (Figure 1). These chutes do not appear to be active, but could reactivate under certain conditions. It may be necessary to design diversion ditches or walls to protect structures from any possible reactivation.

Ø Several lots are located in areas where slopes are greater than 25% and may be unstable. This includes lots D6, D8, D9, D10, D16, D17, D18, D19, D20, D21, D23, D24, D35, D36, D37, D38, D58, D64, D68, D69, D70, D79, D80, D81, D82, D83, D94, D95, and D118. Although no active landslides were observed during the site visit, efforts should be made in these areas to minimize excavation in order to prevent slope movement. Slopes greater than 25% also are likely to have accelerated erosion.

Ø The proposed school site is a feasible location. There are a few minor drainages, which could easily be worked around. A more in depth soils study will need to be submitted by the school district when they decide to build there.

In summary, erosion, drainage, and perched groundwater are of concern throughout the site. Best management practices should be used to ensure proper drainage and minimal disturbance of the native landscape. Lots near streams or lakes may encounter shallow groundwater. The lots along the proposed Mesa Ridge Lane north and east of the old homestead and lots B13, B14, and D23 are of particular concern as they are located in drainages that could produce high-energy events. It is also apparent that the Master Drainage Plan was created with incorrect lot lines and should be re-evaluated. Lots in potentially unstable areas should include designs, which will minimize excavation that may trigger slope movement; other lots may need design elements to address potential debris flow activity. Lot-specific subsurface investigations should be preformed prior to my construction to identify soil and groundwater characteristics, as these are highly variable across the site. If you have further questions about this site, please do not hesitate to contact me.

January 11, 2002
In a letter dated 12/11/01, CTL/Thompson (CTL) responded to comments made by CGS during a preliminary geologic site review conducted in September 2001. CGS has the following questions based on CTL's response:

Shallow Groundwater Areas
CTL has recommended underdrains beneath sanitary sewers in areas of active seepage found during construction and positive gravity outlets for individual foundation drains- Will all houses in areas of shallow groundwater (near drainages and lakes) have foundation drains? Where will these drains discharge?

Lots B23 through B327 and Mesa Ridge Lane, B34, B13, B14, D23
CTL agrees that these lots lie within a drainage and that the drainage plan should address this situation. The Master Development Drainage Plan by Kiowa Engineering (8/7/01) has inconsistent lot lines from the preliminary plan. This discrepancy needs to be resolved and the drainage plan revised based on current lot lines. The drainage plan does not specifically address the area where lots B23-B27 lie. Mitigation measures for these lots still need to be addressed.

Lots D58, D59, D64, D114 through D118
CTL concurs with CGS that these lots should have further geotechnical evaluation for mitigation of possible debris flows. Lots D58, D59, and D64 have smaller catchment basins (~1.5 acres) than lots D114-118 (~95 acres). CTL recommends lot-specific evaluations during plan development. Who will ensure that these evaluations are conducted and that the mitigative measure, if required, is adequate?

Centrum Locations
CGS originally identified 29 lots with centrum locations in areas containing slopes steeper than 25% that may have potentially unstable slopes, Creep and accelerated erosion problems. CTL recommends Adjustment of the centrums for lots D15, D24, D25, D36, and D37 as well as all building plans taking into account slope stability consideration on individual lot and global scales. It should be noted that subdivisions in nearby areas (Hay Creek Ranch, Raspberry Ridge) that have encountered similar terrain and geologic problems have had the steeper slopes designated as "no build areas". Any building pads encroaching on the steep slopes need to be carefully considered for slope stability and foundation design criteria by a geotechnical engineer. It may be prudent to include plat notes to this effect.

"Prudent Line"
CTL recommends a reevaluation of the delineation of the preservation easement/ no build area. COS is not clear as to the concerns behind this recommendation.

STAFF NOTE: The Planning Division is recommending applicable conditions including a request that all foundations be approved by a Professional Engineer.

EL PASO COUNTY SOIL CONSERVATION submitted the following:

The El Paso SOD has reviewed the PUD request for the Forest Lakes Development. It appears that the developers have been very diligent in addressing the problems that will be encountered in developing this area for homes. The main issue of concern is the continued follow-up needed by the contractors who will build on this site so that the amount of erosion during the road construction and the future home construction process is controlled. Sediment delivery to the waterways will have to be monitored on a regular basis and temporary erosion control practices that are installed will need to be maintained. There should also be provisions developed in the homeowners association that deal with the spread of diffused knapweed. This site presently has a healthy community of this weed and it will only spread with the amount of disturbance that will be needed to develop the site. Delivery of weed seed to the waterways in sediment will only spread the plant downstream. We understand the need of the Prebles Meadow Jumping Mouse and how mowing can impact habitat, but some method needs to be developed to keep the weeds from germinating and dispersing the seed, There may be some chemicals that are available for use in the wetter areas to control this weed. I would recommend that the developer work with the El Paso County Forestry and Noxious Weed Department for guidance in developing such a program.

EL PASO COUNTY ENVIRONMENTAL SERVICES DEPARTMENT (ESD) has completed its review of the PUD Rezoning and Preliminary Plan for the Forest Lakes project. Our review consisted of the following items; wetlands, general wildlife resources, and federal and state listed threatened or endangered species.

1) A completed U.S. Army Corps of Engineers permit should be provided to the El Paso County Planning Division prior to project commencement if ground-disturbing activities would occur in wetland areas. Alternatively, a letter from a qualified wetland scientist indicating why such a permit is not required for this project would be acceptable.

2) The No-Effect letter from the U.S. Fish and Wildlife Service (Service) has been noted and satisfies the counties request for consultation with the Service. Under the attached letter from the Service, the proposed roads and infrastructure within the project area are not addressed. Therefore, prior to final approval impacts to Preble's meadow jumping mouse from roads and infrastructure should be addressed with the Service. Also as noted in the Service letter, downstream impacts to Preble's meadow jumping mouse habitat from stormwater runoff should be addressed in future submittals.

Also as discussed during the site visit of September 27, 2001 the existing road on the north side of the property will be abandoned and replaced with a new road outside the identified open space. The abandoned road will be used as a non-motorized trail pending Service approval.

STAFF NOTE: Applicable conditions/ notations are being proposed.

COLORADO DEPARTMENT OF TRANSPORTATION submitted the following:

Mr. John Cordova, CDOT Traffic Unit has reviewed the addendum to the Forest Lakes Traffic, impact and Access Analysis Report prepared by LSC Transportation Consultants dated September 6, 2001. His comments are as follows:

ü I would request an amount of $112,500.00 be escrowed for the future signalization of the east and west ramps at I-25 and Baptist Rd. I have based this figure on the following:

o Analysis of the Builtout Site-Generated Traffic (Figure No. G)and Existing Plus Phase One Site-Generated Traffic (Figure No. 10) indicates that this site will contribute 45-percent of the traffic on the west ramps and 27-percent of the traffic on the east ramps. I employed an anticipated cost of $300,000.00 to signalize the east and west ramps at this location.

If you have questions regarding the review of the Traffic Impact and Access Analysis report, please contact Mr. Cordova in Pueblo at (719) 546-5405. All other questions should be directed to me at (719) 546-5407.

STAFF NOTE: This issue of a fair share contribution by the developer to these signals remains under discussion with Colorado Department of Transportation. A flexible condition has been proposed.

EL PASO COUNTY DEPARTMENT OF TRANSPORTATION submitted the following:

The following are Department of Transportation comments pertaining to Forest Lakes Preliminary Plan that were previously provided on November 14, 2001, and February 8, 2002:

1) In accordance with the El Paso County Subdivision Criteria Manual, Section D, the minimum centerline radius for a subdivision road is 300 feet. The applicant should design the curvatures to meet this standard, or formally request a waiver for this criteria. (This waiver was not included in the waivers requested at the February 26 Planning Commission hearing.)

2) All drainage structures must be constructed with the same phase as the areas that contribute to them. Include the detention ponds on the south side of Beaver Creek Drive, at Beaver Creek Point and across from Lots D24 and D25, in Phase 1 construction.

The following additional comments pertaining to Forest Lakes Preliminary Plan are provided based on the submitted material:

3) Correct the mat dimension given for Mitchell Ave on sheet 2 of 16. The mat should be 40' as shown in the typical cross-section.

4) Label the phase line. The dark, dashed line that was previously labeled as the phase line is now not labeled.

5) Indicate an asphalt-paved surface on the Mitchell Ave interum street section.

The following are Department of Transportation comments pertaining to Forest Lakes Master Development Drainage Plan were previously provided on November 14, 2001 and February 8, 2002:

6) Verify capacity of existing facilities both within the site and downstream to handle developed flows. (The developer may be responsible for the upgrade of existing deficient facilities.)

7) Address the off-site basin that is formed by the connection of Lindbergh Road to Mesa Top Drive, as shown on Sheet 1. (The report indicates that no flows enter the site at this point, however there is not a high point shown on the Preliminary Plan in this area. Please clarify.)

8) Clarify the use of DP-167 twice to represent two different areas. DP-167 comprises 69.4 square miles in Table 1 and 26.8 square miles in Table 1a. Table 1 represents the values closest to the DBPS that is referenced.

9) Provide discussion regarding the source of the 5-year runoff coefficients used. The Drainage Criteria Manual provides 10-year and 100-year values.

10) Provide calculations/ verification of the 5-year flow values presented in the report. Previously, the Engineer referenced previous reports for the source of these values, but all previous reports give 10-year values. Clarify this issue.

The following are Department of Transportation comments pertaining to Forest Lakes Requests for Waiver:

11) A waiver of centerline radius is also required for radius of less than 300 feet. This Department would not object to such a waiver in the hillside portion of the site.

STAFF NOTE: On April 26, 2002, the Department of Transportation noted they had received and completed a review of a resubmittal of the MDDP but had not received a resubmittal of the PUD or Preliminary Plan.

These comments are as follows:

I found the following Planning Commission conditions that, to my knowledge, have not been satisfied:

#2) Prior to scheduling this item for the Board of County Commissioners the applicant shall submit a revised PUD development plan and Preliminary Plan which includes a clear delineation between Phase I and Phase II of the development with Phase I to include 275 or fewer total dwelling units.

The latest plan I have seen has 319 units and we still have a problem in the MDDP and Preliminary Plan with the construction of the detention ponds not included in the phase that contributes to them.

#3) Prior to scheduling this item for the Board of County Commissioners the applicant shall provide an analysis addressing on-street or overflow parking related to the westerly "Type B" cluster area.

DOT has not, to my knowledge, received this information.

Carl - I have received and completed a review of a resubmittal MDDP, but have not received a revised PUD or Preliminary Plan. I just wanted to make these issues known as soon as possible. Let me know what you know/ find out about these issues.

STAFF NOTE: Conditions #2 and #3 have now been satisfied at least to the extent of a resubmittal. DOT may want to update these comments at the hearing. The Planning Division is recommending a condition to address what are viewed as minor remaining technical issues, if any.

EL PASO COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT submitted the following:

Ø Forest Lakes Metro District will provide water and wastewater service to the property. The lift stations on the site require site approval by the Colorado Department of Public Health and Environment.

Ø The elementary school plans must be submitted for review and approval before construction.

FOREST LAKES METROPOLITAN DISTRICT submitted the following:

This letter will serve as "a commitment to provide service letter" for both water and wastewater utilities to the above-mentioned preliminary plat which includes 467 residential units. The bulk of the property is already included within the District boundaries and requires only the development of the water and wastewater facilities necessary to serve the property. This commitment also covers the additional 80 acres which is included within the proposal. However, prior to the utility service, the 80 acres must be formally included within the District boundaries through a District Court Order.

DEPUTY COUNTY FIRE MARSHAL submitted the following:

"Train delays will have some impact on wildland fire in this area, but probably not significant. If I was the Chief of that district, I would be concerned about further development in the area with regards to the delayed response for structure fires and medicals. A fully involved structure fire would require multiple trips for tankers to shuttle water. Each trip would run the risk of delay at the RR tracks. Any delay above ordinary response time in medicals could be disastrous. Flight for Life does respond at fire department requests, but would require some pre-response time to get into the air".

TRI-LAKES FIRE DEPARTMENT

(The following is the Planning Division's e-mail summary of a January 10, 2002 conversation with the Fire Chief)

"Pursuant to direction from this morning's meeting, I spoke with Keith Jensen, Chief of the Tri-lakes Fire Department. He was aware of the Forest Lakes project, but had not provided written comment. Basically, he sees no need to meet, is okay with the project and does not believe there are or will be the calls to support a facility on that side of the tracks for at least 10 years, if ever. Their next facility will be one in Jackson Creek. This will shave a little off the response time, but will not address the 'other side of the tracks issue'. Presently, they need to haul water across the tracks. With Forest Lakes, they will have the advantage of having a source on the west side. They realize the trains are a problem, but in this area they tend to be rolling, so do not present that long a delay. Problems are much worse in the Palmer Lake area, where the sidings are. The other day, they had a grass fire and had to wait 2 minutes, which he described as acceptable. Also (and this was a surprise to me) they have the ability to communicate with and stop the trains in the event of major event (such as a fire or major accident). They have done this on rare occasions. He does see the eventual need/advantage for a grade-separated crossing.

"Tri-lakes is a first responder for medical and does transport. Again, Mr. Jensen is okay with the implications for this development. They have few calls in this area now. He also has the ability to call in Flight-for-Life. I specifically asked if his personnel could call them in remotely if they were stuck on the wrong side of the tracks, and he said yes.

"Based on the above, I see no need to meet with the TL Fire District, or to pursue the option of a facility on this side of the tracks. DOT and I can work on the options for escrowing funds for Mitchell and the RR crossing based on proportional impact, and on potentially paving Lindbergh, all as discussed."

STAFF NOTE: A wildfire hazard analysis has been completed for the property.

UNITED STATES AIR FORCE ACADEMY had the following comment:

1) Due to the proximity of this housing development to our main airfield's approach/ departure corridors (specifically 1-25 and Woodcarver Rd.) and training aircraft flight paths, please include the following notice on this project's final plat:

NOTICE: This property may be impacted by noise and other affects of flight by aircraft used in the United States Air Force Academy's Airmanship Program. In conjunction with this notice, the Grantors (Forest Lakes, LLC) agree to waive and release any right or cause of action which they now have or may have in the future against Grantee (the United States Air Force Academy), its successors and assigns, due to noise and other affects by operation of such aircraft. This notice shall be in effect until the Air Force Academy shall cease to be used for training purposes, or all airports on the Air Force Academy shall cease to be actively used. This notice shall run with the land.

2) Due to the proximity of this housing development to our field training activities in Jack's Valley, please include the following notice on this project's final plat:

NOTICE: This property may be impacted by noise and other affects of combat field training conducted at the United States Air Force Academy's Cadet Basic Training, lack's Valley Training Area. In conjunction with this notice, the Grantors (Forest Lakes, LLC) agree to waive and release any right or cause of action which they now have or may have in the future against Grantee (the United States Air Force Academy), its successors and assigns, due to noise and other affects by field training operation. This notice shall be in effect until the Air Force Academy shall cease to be used for training purposes. This notice shall run with the land.

3) The AFA will not agree to upstream developments releasing onto our property above historic flows. Please verify in writing back to my department that " development will be releasing flows onto AFA at historic rates prior to your approval of this development plan.

STAFF NOTE: Staff proposes that these two notes be added to any Final Plats.

CITY OF COLORADO SPRINGS submitted the following:

The request by Forest Lakes LLC is not located within the Potential Urban Growth Area and just a small easterly portion of the site is within the Three Mile planning area. The Comprehensive Planning Unit has no comment concerning this request. However, Colorado Springs Utilities did comment.

CSU comments regarding further development of the existing Forest Lakes Property are:

The Forest Lake site located north of the Air Force Academy, and west of Interstate 25 is outside the existing Colorado Springs Utilities electric, gas, water and wastewater service territories. Service to this site would be provided by organizations other than CSU. CSU has no comments regarding the proposed land use and density of the property. Earlier CSU sold 600 acre feet of Trans Mountain Return flows to Charles Hellenburg on behalf of the Forest Lakes. Through contractual agreement, this water must be used only for the benefit of Forest Lake properties as originally plated. It may not be sold, severed from the property for use by others, or used outside the boundaries of the originally plated land.

I did send the request to Chris Lieber with TOPS. I will ask him to send any comments directly to you.

Thanks for the opportunity to review and comment.

LEWIS-PALMER SCHOOL DISTRICT #38 submitted the following:

At their regularly scheduled meeting on October 18, 2001, the Lewis-Palmer Board of Education voted to support the requests by Forest Lakes LLC for approval of a PUD development plan and preliminary plan that would allow 467 dwelling units, open space and a school site on 990 acres of land at the west end of Baptist Road. The developer has met with school officials on two occasions to discuss the impact this subdivision will have on the school district.

The School Board did instruct the superintendent to meet again with the developer before a final decision is made regarding the school site.

EL PASO COUNTY PARKS & LEISURE SERVICES Advisory Board recommended the following:

Regional Park Fees in lieu of land - $130,293.00
Regional Park land dedication - 9.0598 Acres

Park Staff will work with developer on public-use trail easement, trail construction and fencing to offset park fees.

STAFF NOTES:
1) A notation is proposed which would describe this recommended approach.
2) The developer will be dedicating park sites sufficient to offset the need for community and neighborhood park fees.

MOUNTAIN VIEW ELECTRIC ASSOCIATION submitted the following:

This area is within MVEA certificated service area. MVEA will serve this area according to our extension policy.

MVEA requests a ten (10) foot front, ten (10) foot side, and ten (10) foot rear lot line easement along with a twenty (20) foot exterior easement on plat. MVEA also requests platting of existing MVEA facilities with easement on plat.

STAFF NOTE: The Preliminary Plan includes these easements.

The following agencies were notified, but did not respond:
U.S. Army Corps of Engineers
Division of Wildlife
Town of Monument (although they have provided some verbal input)
U.S. Forest Service

Planning Division COMMENTS

1) Planning Division Comments are provided within the previous item
(PUD-01-009).

Planning Division RECOMMENDATION: The Planning Division disagrees with the Planning Commission and recommends approval of this Preliminary Plan, subject to the following conditions and notations:

CONDITIONS
1. Prior to submitting any Final Plats for this project, the applicant shall either resolve any remaining technical issues identified in the February 8, 2002, El Paso County Department of Transportation comments to the satisfaction of the County Engineer.

2. In conjunction with final platting, the applicant shall specifically address the outstanding comments from the Colorado Geological Survey comments dated January 11, 2002 concerning Lots B23-B27, as well as D15, D24, D25, D36 and D37 which may be outstanding.

3. All final plats shall include a notation that a Professional Engineer must approve all building foundation designs.

4. In conjunction with recording the first final plat for this project, the developer shall, in a manner agreeable to the Colorado Department of Transportation, escrow a sum agreeable to that agency for the purpose of providing a pro-rata share of signalization of the east and west ramps of the Interstate-25/Baptist Interchange.

5. In conjunction with recording the first Final Plat for this project the developer shall guarantee funds sufficient to pave Lindbergh Road north from the subject property to Doolittle Road. The County shall make a final determination as to whether this segment of roadway must be paved within two (2) years of the date of recording of the first plat. In the event a decision is made not to pave, the County will process a release of funds or collateral, as applicable, in accordance with normal procedure.

6. Prior to approval of any final plats for this project, the eighty- (80) acre parcel not presently included in the Forest Lakes Metropolitan District shall be annexed into the District.

7. Applicant shall agree to the following conditions:

1) Prior to recording the final plat, Applicant shall provide written proof that it has complied with all applicable federal, state and local laws and regulations regarding central water systems and new water works, including, but not limited to, the CDPHE's TMF capacity review and construction approval requirements. Such compliance will satisfy the outstanding technical and financial criteria under the County's sufficient dependability requirements at § 49.5.C of the Land Development Code.

2) Applicant shall agree to do either of the following:

a) Collateralize in the Subdivision Improvements Agreement ("SIA"), in a form acceptable to the County, the construction and installation of the new central water system; or

b) Place a restriction either in the SIA or on the plat prohibiting sale of lots until a qualified Professional Engineer has certified that the new central water system has been constructed and is operational for the intended use.

8. All Final Plats shall include the following two (2) plat notes as recommended by the U.S. Air Force Academy:

a. NOTICE: This property may be impacted by noise and other affects of flight by aircraft used in the United States Air Force Academy's Airmanship Program. In conjunction with this notice, the Grantors (Forest Lakes, LLC) agree to waive and release any right or cause of action which they now have or may have in the future against Grantee (the United States Air Force Academy), its successors and assigns, due to noise and other affects by operation of such aircraft. This notice shall be in effect until the Air Force Academy shall cease to be used for training purposes, or all airports on the Air Force Academy shall cease to be actively used. This notice shall run with the land.

b. NOTICE: This property may be impacted by noise and other affects of combat field training conducted at the United States Air Force Academy's Cadet Basic Training, lack's Valley Training Area. In conjunction with this notice, the Grantors (Forest Lakes, LLC) agree to waive and release any right or cause of action which they now have or may have in the future against Grantee (the United States Air Force Academy), its successors and assigns, due to noise and other affects by field training operation. This notice shall be in effect until the Air Force Academy shall cease to be used for training purposes. This notice shall run with the land.

9. Developer shall comply with federal and state laws, regulations, ordinances, review and permit requirements, and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Department of Wildlife, Colorado Department of Transportation, U.S. army Corp. of Engineers, and/or the U.S. Fish & Wildlife Service regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed threatened species.

10. Applicable drainage fees shall be paid in conjunction with each Final Plat.

NOTATIONS
1. The applicant and future owners of lots within this development are on notice that the cluster lots depicted as Type A and Type B will have a limited available building envelopes and this may effect the ability to accommodate large units, and especially large garages on these lots.

2. Prior to final approval of the applicable final plats, impacts to the Prebles Meadow Jumping Mouse from roads and infrastructure must be addressed either through the U.S. Fish and Wildlife Service or through a Habitat Conservation Plan (HCP) process as may be applicable at the time.

3. Community and neighborhood park fees are not expected to be required for final plats in this development because sufficient park sites will be dedicated through the platting process. If a site is not dedicated in conjunction with the first final plat, a dedication agreement with the County may be required.

4. The expectation is that the County will accept dedication of regional trail property to offset any required regional park fees. In the event this land is not dedicated, such fees will be required.

5. According to Section 47 C. 10. c. of the El Paso County Land Development Code, approval of the Preliminary Plan will expire after twelve (12) months unless a Final Plat has been approved and recorded or a time extension has been granted.

Consistent with the County Attorney's Office comments, staff recommends a finding of inconsistency for water sufficiency at this time for the Preliminary Plan

ENCLOSURES
Applicant's Response to Colorado Geological Survey
Planning Commission Resolution

NOTES:
Ø Other Enclosures are included with the PUD Comments
Ø No reduced copy of the Plan is provided because it would not be legible at an 8½ " x 11" scale. This is available for inspection at the Planning Division and will be available at the hearing.

Prepared by
Carl Schueler
5/9/02