February 12, 2018

Subject: VR-17-014 Review 2

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

You are encouraged to directly contactthose agenciesthat did provide review comments if the comments requireadditional 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

Current Planning

Comment 1:

Informational: In reviewing the aerial imagery it appears the paintball operation and spilled over into the Cherokee Metro parcel, which is a violation of the variance of use. Staff anticipates a condition of approval being that the variance be updated to include this parcel (with approval of the owner) or that the operation stops operating outside of the property boundaries.

Comment 2:

Redlines will be provided upon completion of the Engineering review.

Informational: In reviewing the aerial imagery it appears the paintball operation and spilled over into the Cherokee Metro parcel, which is a violation of the variance of use. Staff anticipates a condition of approval being that the variance be updated to include this parcel (with approval of the owner) or that the operation stops operating outside of the property boundaries.

Engineering Division

Review 2 comments to the plat will be uploaded by the project manager.

COLORADO SPRINGS UTILITIES

Utility Comments (electric, gas, water, wastewater)

Action Items:

1.Please update the easement block to say the following: ""All easements that are dedicated hereon for public utility purposes shall be subject to those terms and conditions as specified in the instrument recorded at Reception Number 212112548 of the records of El Paso County, Colorado. All other easements or interests of record affecting any of the platted property depicted hereon shall not be affected and shall remain in full force and effect."

2.Please show and label on both the "As Platted" and "As Replatted" the existing electrical easement recorded at Book 2935, Page 258.

3.Please show and label on both the "As Platted" and "As Replatted" the existing easement recorded at reception number 213040424.

4.On the “As Replatted” please show that the 5ft side-lot easements were created by previous plat.

5.Please ensure that all electric transmission infrastructure is located in R.O.W., otherwise easements will need to be created.

Information Items:

1.Please contact Utilities Development Services (UDS) at 719.668.8111 for an estimate of development charges, fees, Recovery Agreement Charges or other utility related costs that may apply to this development.

2.CSU requires an Application for Gas and Electric Line Extension to be submitted along with a Load Data form or an Application for Gas Service Line Approval and/or Application for Elevated Pressure Approval prior to electric and natural gas system design for service to the project. Refer to the CSU Line Extension and Service Standards or contact Field Engineering at 719-668-4985.

3.CSU may require an extension contract and payment of contributions-in-aid of construction (or a Revenue Guarantee Contract) for the extension of electric facilities needed to serve the development. Regarding natural gas extensions, CSU may require an extension contract and an advance payment for the estimated cost to construct the necessary gas extensions.

4.Improvements, structures and trees must not be located directly over or within 6 feet of any underground gas or electric distribution facilities and shall not violate any provision of the National Electric Safety Code (NESC) or any applicable natural gas regulations or Colorado Springs Utilities’ policies.

5.Improvements, structures and trees shall not be located under any overhead utility facility, shall not violate NESC clearances, and shall not impair access or the ability to maintain utility facilities.

6.Landscaping shall be designed to provide the required clearances for utility facilities, to allow continuous access for utility equipment, and to minimize conflicts with such facilities.

If you have any questions, please contact Ethan Widrick at or at 719-668-8123.

Action Items:

  1. Please update the easement block to say the following: ""All easements that are dedicated hereon for public utility purposes shall be subject to those terms and conditions as specified in the instrument recorded at Reception Number 212112548 of the records of El Paso County, Colorado. All other easements or interests of record affecting any of the platted property depicted hereon shall not be affected and shall remain in full force and effect." Item has been addressed.
  2. Please show and label on both the "As Platted" and "As Replatted" the existing electrical easement recorded at Book 2935, Page 258. Item has been addressed.
  3. Please show and label on both the "As Platted" and "As Replatted" the existing easement recorded at reception number 213040424. Item has been addressed.
  4. On the “As Replatted” please show that the 5ft side-lot easements were created by previous plat. Item has been addressed.
  5. Please ensure that all electric transmission infrastructure is located in R.O.W., otherwise easements will need to be created. Item has been addressed.
  6. No further comments – Recommend Approval.

COLORADO DIVISION OF WATER RESOURCES

We have received information concerning the above-referenced proposal to subdivide 6.78 +/- acres (Lot 1, Filing 1, Cimarron South, except that part conveyed to State DOT by reception no. 200124935, El Paso County) into 2 lots. The proposed Lot 1 is 1.68 +/- acres and the proposed Lot 2 is 5.10 +/- acres. The proposed supply of water, in addition to wastewater disposal, is to be served by the Cherokee Metropolitan District.

Water Supply Demand

The Water Supply Information Summary, Form No. GWS-76, which was provided to the county as Attachment C of the State Engineer’s March 16, 2005 Memorandum, was not included in the submittal. However, according to the Subdivision Summary Form included in the submittal, the estimated water demand for the development is 350 gallons per day (0.39 acre-feet per year).

Source of Water Supply

The source of water for the proposed development is to be served by the Cherokee Metropolitan District (“District”), and an August 30, 2017 letter from the District was provided with the submittal. According to the letter and information included in the submittal, the District is currently serving the proposed 1.68 +/- Lot 1 and has committed to continue to serve the property the previously committed demand of 0.14 acre-feet per year. According to the August 30, 2017 letter from the District, “If the proposed replat is successful, the owner or developer of the newly platted property or properties will need to apply for and comply with the District’s development process to determine and quantify the required water and wastewater needs of the additional properties.” Therefore, based on the above, it does not appear the District has committed to serve the proposed Lot 2.

Additional Comments

Should the development include construction and/or modification of any storm water structure(s), the Applicant should be aware that, unless the storm water structure(s) can meet the requirements of a “storm water detention and infiltration facility” as defined in section 37-92-602(8), Colorado Revised Statutes, the structure may be subject to administration by this office. The applicant

1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 John W. Hickenlooper, Governor | Robert Randall, Executive Director | Kevin G. Rein, State Engineer/Director

Ms. Nina Ruiz December 27, 2017

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should review DWR’s Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado, available online at: to ensure that the notice, construction and operation of the proposed structure meets statutory and administrative requirements.

State Engineer’s Office Opinion

According to this the latest water supply report on file with this office, it appears the District has sufficient water resources to supply this subdivision; however, based upon the above and pursuant to Section 30-28-136(1)(h)(II), C.R.S., it is the opinion of this office that the proposed water supply cannot be provided without causing injury to decreed water rights as the estimated demand of 0.39 acre-feet per year is greater than the 0.14 acre-feet per year the District has committed to serve. Additionally, any future submittal for this development must include a completed Water Supply Information Summary, Form No. GWS-76. Should you or the applicant have any questions, please feel free to contact me directly.

Sincerely,

Caleb Foy, P.E.

Water Resource Engineer

cc: Steve Witte, Division 2 Engineer (via email)

Doug Hollister, District 10 Water Commissioner (via email)

CRF:crf

COLORADO GEOLOGICAL SURVEY

Colorado Geological Survey has reviewed the submittal for this property. We understand that the applicant proposes to subdivide a platted lot into one 1.7 acre parcel and another 5.08 acre parcel. Use of the two parcels will remain the same with no grading or construction proposed. The available referral documents include: request for review (El Paso County, 11.30.17), Letter of Intent (8.27.17), Application Form (8.28.17), Drainage Letter (Core Engineering, 8.17.17), Geologic Hazard Evaluation (CTL | Thompson, 11.20.17) and other documents.

CGS concurs with the description of site geology, geologic hazards and engineering constraints and their potential impacts to the property provided by CTL. They identify the likelihood of undocumented fill, the possibility of flooding and ongoing erosion from the creek. As no development is proposed, no further evaluation of these conditions is necessary at this stage. Should development be planned in the future, a site- specific soils and foundation investigation would be necessary. CGS agrees that the site does not contain surface conditions or geologic hazards that significantly impact the current uses. CGS therefore has no objection to approval of the minor subdivision as proposed.

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

Sincerely,

Jonathan R. Lovekin, P.G. Senior Engineering Geologist

CIMARRON HILLS FIRE

No fire comments

Comments received from any of the non-responding agencies following the issuance of this letter will be forwarded to the applicant/applicant’srepresentative and will be added to the end of this letter for record keeping purposes.

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 shouldinclude 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 Departmentin 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.

PLEASE NOTE: The application cannot be scheduled for public hearing until and unless a final response has been received by Planning and Community Development from those agencies that are required (pursuant to state statute and the El Paso County Land Development Code) to provide such response (i.e.- State Engineer’s Office, County Attorney’s Office, County Health Department, etc).

Please contact me if you would like to schedule a meeting with myself or the multi-disciplinary team.

When all the comments have been addressed and corrections made please submit the required documents as requested on the attached resubmittal matrix.

If you have any questions feel free to contact me at 719-520-6313.

Best Regards,

Nina Ruiz, PM/Planner II

El Paso County Planning and Community Development Department

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