HomeMy WebLinkAbout20061798.tiff PLANNED UNIT DEVELOPMENT(PUD) CHANGE OF `LONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 207 - 27 - 0 - 00 -047
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or yttww.co.weld.co.usi,
(Include all lots being included in the application area,If additional space is required.attach an additional sheet)
see attachment
Legal Description__. ..._.........._ Section 27, Township 3 North, Range 68 West
Property Address(If Applicable) 13844 Weld County Road 7, Longmont CO 80504
Existing Zone District : AG Proposed Zone District: PUD Total Acreage:140•428Proposed#/Lots 429
Average Lot Size: 6,894 s.f. Minimum Lot Size: 6,270 s.f. Proposed Subdivision Name:Kiteley Ranch at Foster Lake
Proposed Area (Acres) Open Space: 31.11 ac
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required, attach an additional sheet)
Name: Kiteley Farms, LLLP
Work Phone# 970-534-4323 Home Phone# Email Address
Address: 13844 Weld County Road 7
City/State/Zip Code Longmont, CO 80504
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Jerry Eckelberger-Longs Peak Investors, LLC
Work Phone# 303-796-7555 Home Phone# 303-796-7333
......... .................Email Address
Address: 7120 E. Orchard Road,#450
City/State/Zip Code Englewood,CO 80111
UTILITIES: Water: Longs Peak Water
Sewer: St. Vrain Saintation District
Gas: Xcel Energy
Electric:United Power
Phone: Owest
DISTRICTS: School: St.Vrain Valley School District RE-1J
Fire: Mountain View Fire Protection District
Post:
I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property
must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the
application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal
authority to sign for the corporation. I (we), the undersigned, hereby request hearings before the Weld County Planning
Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described
unincorporated area of Vt(eld County,Colorado:
•
lam %� , �.:
Signature: Owner or pkittionzect Agent Date Signature: Owner or Authorized Agent
;He-- 1. j k' . r,t - < < < EXHIBIT
2006-1798
Legal Description
Lot B of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,
Film 1383, Reception No. 02052248, Weld County Records, being more
particularly described as follows:
That tract of land located in the Northwest one-quarter of Section 27, Township 3
North, Range 68 West of the 6th P.M., Weld County, Colorado being more
particularly described as follows:
Considering the West line of the Northwest one-quarter as assumed to bear
North 00°03'44" West and with all bearings contained herein relative thereto:
Beginning at the West one-Quarter corner of said Section 27; thence North
00°03'44" West 2651.99 feet to the Northwest corner of said Section 27; thence
North 89°48'39" East 2637.30 feet to the North one-quarter corner of said
Section 27; thence along the East line of the Northwest one-quarter of said
Section 27, South 00°42'51" West 1500.73 feet; thence along the Northwesterly
boundary of that parcel of land described by deed recorded in Book 207 at Page
395 of Weld County Records, the following three (3) courses; South 51°37'53"
West 507.62 feet; South 52°39'03" West 394.00 feet; South 39°24'03" West
765.00 feet to a point on the South line of the Northwest one-quarter of said
Section 27; thence South 89°24'03" West 1125.18 feet to the Southeast corner of
Lot A of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,
Film 1383, Reception No. 02052248, Weld County Records; thence along the
East, North and West line of said Lot A the following three (3) courses; North
00°03'44" West 233.34 feet; South 89°24'03" West 263.82 feet; South 00°03'44"
East 233.34 feet to a point on the South line of the Northwest one-quarter of said
Section 27; thence South 89°24'03" West 30.00 feet to the West one-quarter
corner of said Section 27 and the TRUE POINT OF BEGINNING.
KITELEY FARMS, LLLP
13844 Weld County Road 7
Longmont, CO 80504
(970) 535-4323
August 29, 2005
Mr. Kim Ogle
Lead Planner
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Change of Zone and Preliminary Plat Submittal
for Northwest 1/4 of Section 27, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
Owned by Kiteley Farms LLLP
Dear Mr. Ogle:
Please accept this letter as authorization for Jerry Eckelberger as Member/Manager of
Longs Peak Investors, LLC to sign an Application for Change of Zone and Preliminary Plat on
behalf of the Kiteley Farms LLLP for the above-referenced property and other documents as may
be necessary to pursue Preliminary Plat and Change of Zone including without limitation, the
Affidavit of Interest Owners, Surface Estate and Affidavit of Interest Owners, Minerals and/or
Subsoil Surface
Kiteley Farms, LLLP,
a Colorado limited liability partnership
(i By: /GL/ /''(1 0
-1 Ernie Kiteley, General Partner
/"
LAND to ARCHITECTS
March 23, 2006 Perspective I balance
^ a subsidiary of
land architects international
Highlands Ranch, CO
Fort Collins, CO
Sheri Lockman, Case Manager Mountain View, CA
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: PZ-1082 - Kiteley Ranch at Foster Lake PUD (Zone Change)
Response to Comments from Weld County Staff and Referral Agencies
Dear Sheri,
The following letter first address the list of requirements for PZ-1082 Kiteley
Ranch at Foster Lake PUD (Zone Change) to be heard by the Weld County
Planning Commission as prepared by Peter Schei, Weld County Public Works
Department, on February 24, 2006. The items required to be addressed prior to
the Planning Commission hearing are as follows;
1. Show & Label right-of-way for SH 66 (100' from Centerline), CR 7 (Mead),
internal roads.
Response: The applicant has updated the Change of Zone Plat to show and
label rights of ways for WCR 7 and CO HWY 66. A copy of the revised Change of
Zone Plat is included with this report as Exhibit A.
2. Address inter-connectivity of developments (why?, why not?).
Response: The applicant has provided a local street connection for access to
future development along the south boundary of the project site, as requested by
Weld County staff during the Sketch Plan review process. Weld County Public
Works staff commented during the PUD Change of Zone review and requested
the Applicant to provide access to the east, to match up with a platted access
point from the Mead Crossing development. The Applicant is not prepared to
provide the eastern access due to the nature of incompatible land-uses between
Kiteley Ranch (residential) and Mead Crossing (light industrial and commercial).
The primary concern is safety for the residents of the Kiteley Ranch
development. Providing vehicular access through the Mead Crossing
development would increase vehicular trips across the Kiteley Ranch
development for a perceived ease of access to 1-25, this traffic would disrupt the
intended function of the local street network which currently limits cut-through
traffic, another concern related to traffic would be for the Mead Crossing
development which may not be in favor of residential trips routed through their
development. A second concern regarding safety is that the eastern access
provides a "back-door" access to the community with direct access to 1-25. This
condition decreases the security of residents by giving nonresidents a less visible
means of egress with direct access to 1-25.
9137 South Ridgeline Boulevard,Suite 130 • Highlands Ranch,Colorado 80129 1303.734.1777 • Fax 303.734.1778
Land Planning I Resort & Golf Course Design I Landscape Architecture www.landarchitects.net
1825 Sharp Point Drive,Suite 126 • Fort Collins,Colorado 80525 1970.484.4100 • Fax 970.484.4111
3. Address mail box locations and parking (number of locations, parking
spaces, Postal approval).
Response: The applicant has updated the Change of Zone Plat to show parking
and mail box configurations as directed by Weld County staff in the February 23,
2006 meeting (i.e. spread out locations of mailbox clusters, access to mailboxes
must not face the street, provide walkways for mailbox access, ensure parking
for mailbox areas does not inhibit normal traffic flows, use on-street parallel
parking and head in parking at mailbox locations as appropriate). A copy of the
revised Change of Zone Plat is included with this report as Exhibit A.
4. Show reservation (outside of SH 66 row) for relocation of Hyland Ditch or
agreement with CDOT.
Response: The applicant has provided a letter from Gloria Hice-Idler with CDOT
which states, "...it is our position that CDOT continue to ask for the 100' as
reservation, but would not expect the county to request any additional property
for relocation of the ditch. It is our opinion that the Highland Ditch is a "historical"
feature and any widening of SH 66 would likely be to the north." Based upon this
finding by CDOT, the applicant has not provided additional reservation for
relocation of the Highland Ditch. A copy of the revised Change of Zone Plat is
included with this report as Exhibit A.
5. Begin LOMA process for FEMA area to be developed (area to be noted on
drawing as pending approval of LOMA).
Response: The applicant has updated the Change of Zone Plat to show the
FEMA line as pending approval. The applicant has completed a survey of Foster
Reservoir and is in the process of preparing a LOMA submittal.
6. Show & Label easements for Hyland Ditch, all ditches, any irrigation pipes.
Response: The applicant has updated the Change of Zone Plat to show the
FEMA line as pending approval. The applicant has provided the dimensioning of
easements for the Highland ditch on the Change of Zone Plat and has updated
the Plat to include an easement adjacent to the CR 7 right-of-way for the
relocation of an existing irrigation ditch that serves the Anderson property to the
south. The applicant has discussed the relocation of the irrigation ditch with the
owner of the Anderson property who indicated the relocation did not adversely
impact his ability to get water from the ditch. The owner indicated the intent to
develop the property as a residential use in the near future and did not foresee a
long term need for the ditch water delivery system. The need for this easement
may be abandoned prior to the final plat of the Kiteley Ranch project. A copy of
the revised Change of Zone Plat is included with this report as Exhibit A.
7. Address safety along the Hyland Ditch.
Response: The applicant has met with representatives from the Highland Ditch
Company to explain the safety concerns raised by Weld County, Public Works.
The applicant has drafted a letter of agreement to resolve the safety concerns,
based on discussions and direction from the ditch company representatives. The
agreement will be presented to the Highland Ditch Company Board of Trustees
C:\Documents and Settings\jrowland.LAND\Desktop\KiteleyCOZRes_3-24 06 doc
for their approval on April 10, 2006. A copy of the Letter of Agreement submitted
to the Highland Ditch Company Board of Trustees is included with this report as
Exhibit B. Dave Bachman, representative of the Highland Ditch Company, has
agreed to provide a letter of support to the Board of Directors to show staff
approval of the conditions presented in the letter.
8. Address off-site stormwater / drainage, existing contours, developed
conditions, consider Hyland Ditch & Foster Lake not existing.
Response: The applicant will be resubmitting the drainage report to address the
concerns raised by Weld County Public Works staff prior to the B.O.C.C. Change
of Zone hearing, as approved by Public Works staff. Currently, we are working on
the survey for additional topography, but will not have that information in time for
the Planning Commission hearing. We are planning on using information
gathered from The Highland Ditch Company to provide flow depths in the ditch at
critical locations. The detention shall be sized such that the 100-year pond
release rates are no more than the 5-year historic rate, assuming that
undeveloped, off-site flow in the open space in the southeast corner is allowed to
be released at the 100-year historic rate under proposed conditions. It is not our
intent to consider Highland Ditch and Foster Reservoir as not existing. The flow
in Highland Ditch shall be analyzed based on operating flows provided by
Highland Ditch and also existing runoff the ditch receives. CDOT has stated that
they will not expand SH66 to the south in the future and that the current ROW on
the south is adequate for future planning. The Highland Ditch has stated to the
developer that they have no intentions of abandoning the ditch. They are
currently creating a non-potable irrigation district to serve development within this
region that will receive it's water and storage from the Highland Ditch/Foster
Reservoir system. If future work occurs within the SH 66 ROW, it should be the
responsibility of those projects to ensure its storm runoff conveyance does not
negatively impact the surrounding area.
The following section of this letter provides resolution to outstanding
referral agency comments and the Department of Planning Services during
the PUD Change of Zone review process.
9. Address the referral agency comments provided by the St. Vrain Sanitation
District in their letter to the Weld County Department of Planning Services
dated January 3`d, 2006.
Response: The applicant has met with representatives from the St. Vrain
Sanitation District to resolve comments from the referral agency response to
Weld County, Department of Planning Services. The applicant has provided a
written response to the District to address their comments, dated March 22,
2006, included with this report as Exhibit C. A letter supporting the applicant's
response has been provided by the District staff, dated March 24, 2006, included
with this report as Exhibit D.
C:\Documents and Settings\jrowland.LAND\Desktop\KiteleyCOZRes_3-24-o6.doc
10. Weld County Department of Planning Services requested the applicant
provide clarification to the explanation of uses allowed in the Kiteley Ranch
PUD.
Response: Based on the applicants understanding of the current Weld County
Code, allowable accessory uses contained in the R-1 zone district include the
following items that the applicant intends to exclude in the PUD; parking areas
(i.e. covered or uncovered accessory areas for the parking of recreational
vehicles), the equivalent of one livestock unit, and kennel facilities as defined by
the code. To provide further clarification, the Kiteley Ranch PUD intends to place
the following controls over the PUD;
a. Storage of unused or recreational vehicles shall only be allowed inside
garages that area a part of the principle use structure.
b. Residents of the Kiteley Ranch PUD area allowed a total of two (2)
household pets that may be kept outdoors on a regular basis.
The last item included with this submittal,that was not on Weld County staffs list
for the Change of Zone Planning Commission hearing, is an updated traffic
report from LSC to address phasing of the PUD. The updated report is provided
by LSC, dated March 28, 2006, included with this report as Exhibit E.
The responses contained in this letter represent what the applicant understands
is required by Weld County Planning Services and Public Works staff to proceed
to the Planning Commission hearing on April 18, 2006. The applicant is
continuing to complete items needed for the B.O.C.C. hearing and will request a
date for that hearing once all items have been submitted. Please contact me if
you have any questions regarding this letter or the exhibits that are provided as
attachments to this letter. Thank you for the consideration of this project and
assistance in moving forwards through the approval process.
Sincerely,
Sliak
Joshua L. Rowland, R.L.A.
Director of Planning and Design
Land Architects
Exhibit A
(see attached Change of Zone Plat &
Preliminary Improvement Plans)
Exhibit B
C:\Documents and Settingsyrowland.LAND\Desktop\KiteleyCOZRes 3-24-06.doc
LAND ARCHITECTS
March 23, 2006 perspective I balance
a subsidiary of
land architects international
Highlands Ranch, CO
Dave Bachman, Manager Fort Coffins, co
Mountain Vie CA
The Highland Ditch Company
RE: PZ-1082 - Kiteley Ranch at Foster Lake PUD (Zone Change)
Resolution to safety concerns raised by Weld County Public Works Staff
Dear Dave,
We are providing you with the following conditions to be presented to the
Highland Ditch Company Board of Directors for review and acceptance at the
April 10, 2006 board meeting. Weld County Public Works has requested that
Longs Peak Investors, LLC, applicant for the Kiteley Ranch at Foster Lake PUD,
provide resolution to safety concerns related to the maintenance and ongoing
operation of the Highland Ditch where it is adjacent with residential development
proposed in the PUD. Based on our previous discussions regarding these issues,
and your approval of PZ-1082 Kiteley Ranch PUD Change of Zone Plat dated
March 7, 2006, we understand the following conditions to be acceptable to the
Highland Ditch Company and request a letter of approval from the Board once
these conditions are agreed to. We have provided an updated version of the
Change of Zone Plat for your review of these conditions;
1. The County has requested that a drainage easement be obtained from
Highland Ditch for the drainage from Kiteley Ranch that is discharged into
Foster Reservoir
Response: Longs Peak Investors, LLC requests that the Highland Ditch
Company Board of Directors agree to provide an easement for the release of
flows, at historic rates, into Foster Reservoir from the Kiteley Ranch PUD storm
drain system.
2. The County has requested that the existing erosion problems on Highland
Ditch be corrected.
Response: Longs Peak Investors, LLC understands that long term maintenance
of erosion in the ditch is the responsibility of the Highland Ditch Company. It is
anticipated that the County may request improvements to the ditch to ensure the
safety of residents in the Kiteley Ranch PUD. Longs Peak Investors, LLC is
agreeable to participating in the improvements with the ditch company. We
request the Highland Ditch Company Board of Directors agree to participate with
Longs Peak Investors, LLC to address potential erosion problems along portions
of the ditch that are adjacent to the Kiteley Rnach PUD.
9137 South Ridgeline Boulevard,Suite 130 • Highlands Ranch,Colorado 80129 1303.734.1777 • Fax 303.734.1778
Land Planning I Resort & Golf Course Design I Landscape Architecture www.landarchitects.net
1825 Sharp Point Drive,Suite 126 • Fort Collins,Colorado 80525 1970.484.4100 • Fax 970.484.4111
3. The County is requesting that off-site flow in Highland Ditch be analyzed.
Response: Longs Peak Investors, LLC requests that the Highland Ditch
Company Board of Directors agree to provide flow rate information for the
analysis of the following information; operational flows and additional flows
received from storm water runoff in the vicinity of Kiteley Ranch, storm water
runoff from adjacent properties(i.e. SH 66), additional runoff in the future for the
ditch.
4. The County has asked that safety concerns along Highland Ditch be
addressed. The intent is that the ditch access road also be a recreational
trail for Kiteley Ranch and an open rail removable fence be located along
the top of the ditch.
Response: Longs Peak Investors, LLC requests that the Highland Ditch Board of
Directors allow the fence as requested by the County to ensure the safety of the
residents of Kiteley Ranch. Refer to the Change of Zone Plat for drawings
explaining the relationship of the Highland Ditch to the fence and road/trail.
The easement provided on the Change of Zone Plat allows for joint use of the 15'
wide gravel access road.
Please contact me if you have any questions regarding this letter or the exhibits
that are provided as attachments to this letter. Thank you for the consideration of
this project and assistance in moving forwards through the approval process.
Sincerely,
Joshua L. Rowland, R.L.A.
Director of Planning and Design
Land Architects
C:\Documents and Settings\jrowland.LAND\Desktop\Highland Ditch Res 3-24-06.doc
Exhibit C
C:\Documents and Settings\jrowland.LAND\Desktop\KiteleyCOZRes_3-24-06.doe
°"Mar .27, 2006`•1I :46AM b1Ecke'barter & Jackson, LLC / 83037967333 No.7001 IP. 358 902
• 114 •:2. =1.1 icl.?Ib-riff & Jackson , LLG N:•l!':: `'•
7120 E.Orchard Read.Sat 450
Enclmood,CO 00111
0071'96--537
CI IX Ss333
L «kelberca6ywereneONGS PEAT revssy , ss . tt 3J79atna
March 22,2006
DELIVERY VIA TELEFAX(303)485-196B
Mr.Rob Fleck
District Engineer
St. Vrain Sanitation District
11307 Business Park Circle
Longmont, CO 80504
Re: Utley Ranch at Foster Lake
Dear Rob:
Enclosed please find Longs Peak Investors'response to your letter to Sheri Lachman,Weld
County dated January 3, 2006. If this meets with your approval, please send a letter to Sheri
Lockman at Weld County Planning Department. She needs your letter by April 1,2006.
• If a Metro District is used as the mechanism for funding.an IGA will need to be
initiated between the Metro District and SVSD relating to sewer and treatment
Response: We will use a Metropolitan District and agree to an IDA as you and I
discussed.
• Sewer Infrastructure plans have not been submitted or approved. The ability to
gravity serve this land parcel to existing sewer must be demonstrated by the
Engineer. Before construction, plans must be approved and before connection,
acceptance of infrastructure.
Response: As I advised you, our engineer, Bryan Clerico, advises us that we can
gravity serve the land by either going to the South or to the East and connect to your
North line. Either alternative is available and we will utilize the least costly. •
• Inclusion into the District •
Response: We will apply for inclusion after approval of the Change of Zone by the
Board of County Commissioners..
c"Ma 2006"11 :46AM b'Eckeiberaer & Jackson, LLC d 03°37967333 No.7001 tP• 453 r;03
EpIbrr&a 'k:ai. LLC ty;r.Pi:i P,
Mr.Robert Fleck
March 22,2006
.Pate 2
•
• Any connection,includingMc pool andrest ooms will be required to purchase a tap
and submit best management practices regarding the cam and operation of such.
Response:Agreed,
• Payment of all applicable line extension fees upon first connection
Response:Agreed.
• Service is subject to the SVSD rules and regulations
Response; Agreed.
Very truly yours,
LONGS? TORS,LLC
J Eckelber
jkb
Enclosures
Exhibit D
C:\Documents and Settings\j rowland.LAN D\Desktop\KiteleyCOZRes_3-24-06.doc
n'-Mar 27. 2006`11 :46AM s'•Eckelberaer & Jackson , LLC i 93e:5.7967333 No.7001 113. 2ie oat Alt I St. Vrain
SANITATION
DISTRICT
March 24,2006
Ms. Sheri Lockman
Weld County Planner
•
Weld County Planning Department
918 W. 101
Greeley,CO 10631 .
Dear Ms.Loclmrnn,
Attached is a letter dated March 22,2006 that summarizes the conversation Mr.
Eckelberger and I had regarding Kiteley Farms. Mr.Eckelberger has agreed to all terms
from the letter sent to you date January 3,2006. Please call or write with any concerns
you may have.
Sine l4
•
Robert Fleck
District Engineering/Project Manager
St.Vrain Sanitation District
•
.-.
11307 Business Park Circle Firestone,CO 80534
Phone(303)7769570 Fax:(303)4861808
Exhibit E
LSC TRANSPORTATION CONSULTANTS,INC.
1889 York Street
Denver,CO 80206
(303)333-1105
FAX(303)333-1107
E-mail: Ise @Iscdenver.com
Web Site:http://www.lscdenver.com
TRANSPORTATION
CONSULTANTS, INC.
March 28, 2006
•
Mr. Michael Miro
Longs Peak Investors, LLC
7120 E. Orchard Road, Suite 450
Englewood, CO 80111
Re: Kiteley Ranch at Foster Lake
Weld County, CO
(LSC #050380)
Dear Mr. Miro:
At your request, we evaluated the phasing plan for the proposed Kiteley Ranch at Foster Lake
residential development to be located southeast of the intersection of State Highway (SH) 66
and Weld County Road (WCR) 7 in Weld County, CO.
The proposed phasing plan is shown in the enclosed Figure A. As shown,the development will
be constructed in three phases. Phase 1 includes the northwest corner of the site and is the
portion closest to the SH 66/WCR 7 intersection. The northern site access point will also be
constructed as part of Phase 1. Phase 2 will include the southern half of the site as well as
the southern site access point. Finally, the third and final phase will include the remainder
of the site which lies in the northeast corner of the site. As recommended in the Kiteley Ranch
at Foster Lake Traffic Impact Analysis (TIA) performed by LSC in March 2006, the two site
access points will require separate southbound left-turn lanes. Based on the phasing plan,
it is recommended that those auxiliary lanes be constructed in conjunction with the
construction of each access points. As a result, it is recommended that the southbound left-
turn lane at the north site access be completed prior to the buildout of Phase 1 while the
southbound left-turn lane at the south site access should be constructed prior to buildout of
Phase 2.
In addition,the regional off-site improvements that are recommended at the SH 66/WCR 7 and
WCR 28/WCR 7/WCR 5.5 intersections prior to buildout of the surrounding areas should be
constructed when they are deemed necessary by the Colorado Department of Transportation
(CDOT) and Weld County. The share of the improvement costs that the Kiteley Ranch at
Foster Lake development is required to contribute should be agreed upon based on
discussions with Weld County.
Mr. Michael Miro Page 2 March 28, 2006
We trust that our findings and recommendations will assist in the planning for the proposed
Kiteley Ranch at Foster Lake development. Please call us if we can be of further assistance.
Respectfully submitted,
LSC Transportation Consultants, Inc. R6Gj44:1 4•
35827 V:
B a
enj 'n T. Waldman, P.E., PTOE •••~a •.•'••ry
Enclosure: Figure A
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LAND ARCHITECTS
perspective I balance
�.., a subsidiary of
December 7, 2005 land architects international
Highlands Ranch, CO
Fort Collins, CO
Mountain View, CA
Sheri Lockman, Case Manager
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Kiteley Ranch at Foster Lake — Response and Resolution of Sketch
Plan Comments/Conditions for Change of Zone Application
Dear Sheri,
The following report provides resolution to comments raised by referral agencies
and the Department of Planning Services during the PUD Sketch Plan review
process. Responses below correspond with the list of Change of Zone Submittal
Requirements provided in the staff report dated January 28, 2005.
1. Comment: The applicant shall submit written evidence that indicates all of the
State of Colorado Geological Survey concerns have been addressed.
Response: Following are the specific concerns stated in the CGS referral and
the Applicant's response to those comments.
Colorado Geological Survey
Department of Natural Resources
The sketch plan should include the following:
A. Easements for Irrigation ditches and drainage areas on the
northwest and eastern parts of the site.
The applicant has provided an easement on the Change of Zone Plat for
the continued use and maintenance of the Highland Ditch Company
irrigation canal. Private irrigation ditches mentioned on the east side of the
property will be removed.
B. A discussion of future oil and gas operations and their impact on
the development.
A narrative discussing future oil and gas operations has been provided as
a part of the Change of Zone Questionnaire
C. A report by qualified personnel that investigates the possibility of
wetlands habitat.
Please see report prepared by Weiland Environmental and Engineering
Consultants
9137 South Ridgeline Boulevard,Suite 130 • Highlands Ranch,Colorado 80129 1303.734.1777 • Fax 303.734.1778
Land Planning I Resort & Golf Course Design I Landscape Architecture www.landarchitects.net
1825 Sharp Point Drive.Suite 126 • Fort Collins,Colorado 80525 1970.484.4100 • Fax 970.484.4111
D. A detailed study should be performed at final plat stage to
determine where problematic soils might exist and how these might
be mitigated.
Noted
2. Comment: The applicant shall include in future applications a copy of an
agreement with the properties mineral owners stipulating that adequate
attempts has been made to mitigate their concerns regarding oil and gas
activities. Additionally, this agreement shall address the use of oil and gas
setback areas. County regulations do not prohibit the use of oil and gas
setback areas for open space uses. The setback from oil and gas
encumbrances in an urban scale development is three hundred fifty (350)
feet.
Response: The applicant has met with Kerr McGee to discuss future drilling
considerations and required setbacks to well facilities. The Change of Zone
plat identifies approximate locations and setbacks to existing and future well
facilities as discussed and directed by Kerr McGee and per the Colorado Oil
and Gas Commission requirements. Any residential lot and/or recreational
use shall be setback a minimum of 150 feet from wellheads and separator
units and shall be setback a minimum of 200 feet from a tank battery. Items
allowed in the setback area include security fencing and landscape buffering.
r1 The applicant has provided a letter from Kerr McGee expressing their support
of the application.
3. Comment: The applicant shall address the County Road Impact Fee Program
and adhere to the fee structure, or any adopted fee structure in place, as
required per the Weld County Code.
Response: The applicant has met with the Department of Public Works
regarding the details of the Change of Zone application and will address the
requirements of the County Road Impact Fee Program and other cost share
arrangements relating to CR 7 improvements prior to the Final Plat
submission.
4. Comment: The applicant shall provide written evidence that indicates the
Colorado Division of Wildlife's concerns have been addressed.
Response: The applicant hired Weiland Environmental Inc. to perform a
study of the property to provide resolution to concerns from CDOW relating to
the potential presence of jurisdictional wetlands and a variety of wildlife
habitat. Please see the referral letter from CDOW for the detailed list of
concerns. Weiland Environmental's report concludes that there are no
jurisdictional wetlands or proof of active wildlife habitat as listed by CDOW.
No mitigation requirements are necessary prior to development of the
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property. Please see reports prepared by Weiland Environmental and
Engineering Consultants. HOA guidelines prepared with the Final Plat
application shall provide a noxious weed mitigation plan. CC&Rs prepared
with the Final Plat application shall address the presence of wildlife and
hunting activities in the area.
5. Comment: The applicant shall submit written evidence that indicates the
Weld County Department of Public Health and Environment concerns have
been addressed, including the lack of letters from St. Vrain Sanitation District
indicating intent to provide services. Further, the applicant shall incorporate
separate vaulted restroom facilities into the overall site plan and so delineate
on all future drawings.
Response: Following are the specific concerns stated in the Weld County
Department of Public Health and Environment referral and our response to
those comments.
The Weld County Public Health and Environment Department
A. Active and passive recreational opportunities - Must address the
sanitation requirements of any area where people work, live, or
congregate.
Restrooms have been provided at the neighborhood pool/playground and
at the pocket park near the north entrance.
B. The Department is recommending permanent restroom and hand-
washing facilities be provided in close proximity to those public
gathering areas where water and sewer services are available. The
applicant shall provide permanent, vaulted restroom facilities along
the trail system where there is no access to public restrooms. A
vault facility similar to a rest area or park service facility is
recommended.
Restrooms have been provided at the neighborhood pool/playground and
at the pocket park near the north entrance.
C. Licenses and / or regulations may govern the swimming pool at the
fitness/ recreation center facility.
The swimming pool will be operated as a private facility for the sole use of
the HOA residents.
6. Comment: The applicant shall submit written evidence that indicates the
Weld County Department of Building Inspection concerns have been
addressed specific to foundations, bulk requirements.
Response: Following are the specific concerns state in the Weld County
Department of Building Inspection referral and our response to those
i-. comments.
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Department of Building Inspection
A. Fire resistance of walls and openings, construction requirements,
maximum building height and allowable areas will be reviewed at
the plan review. Setback and offset distance shall be determined by
the zoning ordinance.
The Change of Zone Plat provides setback criteria and bulk requirements
for the Kiteley Ranch PUD that differ from R-1 criteria.
B. Building height shall be measured in accordance with the 2003
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and
setback requirements.
Maximum building height shall be measured in accordance with the 2003
IBC, however the Change of Zone Plat provides setback criteria and bulk
requirements specific to the Kiteley Ranch PUD that differ from R-1 criteria,
setbacks are no longer determined by building height.
C. Building plans shall be submitted to Mountain View Fire Protection
District for their approval.
Noted, the applicant shall obtain approval from MVFPD of the final
building plans.
7. Comment: The applicant shall meet with Department of Public Works to
discuss the options available for development, prior to submitting the Change
of Zone application.
Response: The applicant has held multiple meetings and conversations with
Peter Schei and Keith Meyer, Civil Engineers for the Weld County
Department of Public Works, to resolve all outstanding issues. At this time it is
the applicants understanding that all of Public Works design considerations
have been addressed. Funding mechanisms for the installation and
maintenance of off-site and on-site infrastructure shall be established upon
acceptance of the Change of Zone application. The applicant has held
meetings with the Town of Mead, Weld County Public Works, and
surrounding developers to finalize access locations and determine necessary
improvements to CR 7 and the intersection at HWY 66. The applicant intends
to participate in the cost share program for the CR 7 improvements. Please
see the Final Traffic study and Preliminary Drainage/Grading plans submitted
with the Change of Zone application to further clarify resolution of Public
Works concerns.
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8. Comment: The Colorado Department of Transportation stated that the
projected right-of-way is one hundred feet South of the highway centerline.
Traffic information (Traffic Study to be performed by the applicant) is needed
to determine access needs.
Response: The Kiteley Ranch property is not contiguous with the HWY 66
right-of-way. A thin parcel of land north of Kiteley Ranch is affected by the
future expansion of the HWY 66 corridor. The parcel of land is not owned by
the applicant. Please see the Final Traffic study submitted with the Change of
Zone application to further clarify resolution of CDOT concerns.
9. Comment: The State of Colorado, Office of the State Engineer, has
requirements to be addressed specific to the Water Supply Information Sheet,
a letter of water service commitment and evidence of the availability of shares
of Colorado Big Thompson (CBT) water available for this development.
Response: The applicant has worked with Longs Peak Water to prepare a
Subdivision Service Agreement that will be executed at the next Longs Peak
Water board meeting. The agreement covers the service commitment for
Kiteley Ranch. Longs Peak Water will provide the Water Supply Information
Sheet and evidence of availability of CBT shares to the Office of the State
Engineer water upon execution of the Subdivision Service Agreement. The
Weld County Attorneys Office has reviewed and approved the draft
agreement. The agreement allows for the acceptance/ownership of a potable
and non-potable water supply system.
10. Comment: The Highland Ditch company's prescriptive easement and
related water conveyance issues. The applicant shall indicate how their
concerns will be addressed.
Response: The applicant has met with The Highland Ditch Company for
review and approval of the Change of Zone Plat and layout of plan. Following
are the specific concerns state in the Highland Ditch Company referral and
our response to those comments.
The Highland Ditch Company
A. No tree or shrub for the entire distance of our ditch is allowed.
The applicant has provided a 30 foot wide easement for the existing ditch
maintenance road along the north edge of the property where the actual
ditch is not on the property; no trees are planned along this stretch of the
ditch where existing Cottonwood trees and native vegetation exist. The
applicant has provided a 90 foot wide easement for the existing ditch
access road and portions of the ditch that exist on the property. Along the
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eastern stretch of the ditch where there is adequate room to plant trees
behind the gravel maintenance road, the applicant has done so.
B. More details for the drainage into Foster Reservoir (Highland No.3);
Concerns regarding the amount of water to be released at any one
time and water quality
Please see the Preliminary Drainage report submitted with the Change of
Zone application to further clarify resolution of drainage concerns.
C. The ditch, the applicant would like to move, is privately owned by
others.
The on-site ditches currently used by Erine Kiteley will be abandoned with
the development of the property. Ditches running through the site to serve
others downstream shall be maintained in working order during
construction.
11 . Comment: The Weld County Sheriffs Office has requirements to be
addressed pertaining to this application specific to street and address
numbers, external and internal signs, maintenance of internal roadways and
oil and gas encumbrances creating an attractive nuisance. The applicant shall
indicate how their concerns will be addressed.
Response: Following are the specific concerns stated in the Weld County
Sheriffs Department referral and our response to those comments.
The Sheriffs Office
Recommends:
A. Either a mail distribution within the sub-division or a central drop off
location within the sub-division should be developed.
Two (2) cluster mailbox locations at the north and south ends of the
neighborhood have been added to the Change of Zone Plat.
B. The name(s) of the street(s) and address numbers should be
presented to the sheriffs office for approval.
Streets names have been added. The sheriff's office indicated they would
like to see street names on the Change of Zone submittal and they will
proceed with review and approval of street names upon receipt of the
submittal.
C. A permanent sign should be placed at the entrances to the sub-
division detailing the name of the sub-division, and address.
Details for entry signage have been submitted with the Change of Zone
application. The request to provide signage at both entries requires the
applicant to exceed the maximum sign area allowed by code, the applicant
is requesting a variance to allow for the additional signage requested by
�-. the Sheriffs Department.
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D. If the roadways are not maintained or adopted by the county, future
individual property owners should be notified that the sheriff's office
will have limited traffic enforcement powers.
Noted. All the roadways are planned as public rights-of-way to be
dedicated to the County. An HOA will maintain all public and private
roadways on-site.
E. A plan should be developed to maintain roadways within the sub-
division especially during inclement weather conditions for
emergency vehicles.
An HOA will maintain all public and private roadways on-site.
A. The sheriffs office is very supportive of homeowner funded
homeowners associations. These associations provide a contact for
the sheriff's office and a means for maintaining common areas.
An HOA will maintain all common areas on-site.
B. Oil or gas well needs to be fenced off in order to mitigate the
potential for tampering.
The location of well equipment security fencing is shown on the Change of
Zone Plat.
C. H. The Sheriffs Office lacks the ability to absorb any additional
service demand without the resources recommended in the multi-
year plan provided to the Board of County Commissioners or as
indicated by growth not considered at the time the plan was
developed.
The Kiteley Ranch PUD intends to join the Southwest Weld County Law
Enforcement Authority in order to provide an urban level of law
enforcement service to the neighborhood.
12. Comment: The applicant shall provide further clarification on the standing of
the existing farmhouses delineated located on Lot A of RE-843. The applicant
shall indicate how this issue will be addressed.
Response: The existing farmhouse located on Lot A of RE-843 is part of the
PUD. The home site shall become a lot within the PUD and access shall be
provided from within the neighborhood as shown on the Change of Zone Plat.
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13. Comment: The applicant shall provide additional detail concerning the
treatment of open space, the proposed hierarchy of landscapes, and all of the
proposed park amenities, specific to the referral comments contained herein,
and the measures to be implemented specific to onsite erosion and
sedimentation, i.e., what "Best Management Practices" will be employed for
this development.
Response: The applicant has provided specific detail on the Change of Zone
Plat regarding the treatment of open space areas and the amenities provided
in park areas. Conceptual landscaping has been showed along with a
conceptual plat palate indicating the use of native and traditional plant
materials. The Preliminary Drainage and Erosion Control reports address
storm water Best Management Practices details.
14. Comment: The applicant shall take under consideration a modification to the
PUD application to include oil and gas production facilities.
Response: The applicant has added a note to the Change of Zone Plat to
address this concern. Future drilling activity has been accommodated within
the proposed PUD layout.
15. Comment: The applicant shall provide written evidence from the Town of
Mead stating that there is adequate access onto County Road 7, a road that
is within their jurisdiction. Further, the applicant shall provide written evidence
that the concerns of the Town have been adequately addressed and
incorporated, as warranted, into this proposed PUD.
Response: The applicant has met with the Town of Mead for review and
approval of the proposed layout. Please see the letter from the Town of Mead
regarding their approval of the proposed layout.
16. Comment: The plat shall be modified to maintain a consistent scale in
accordance with Section 27-9-10 of the County Code.
Response: The Change of Zone Plat complies with the requirements.
16.A Comment: All easements shall be determined and accurately dimensioned
on all sheets associated with this application.
Response: Please see the Change of Zone Plat with all dimensioned
easements.
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16.6 Comment: All ponds and associated water bodies shall be delineated and
accurately dimensioned on all sheets associated with this application.
Response: Please see Change of Zone Plat and Preliminary Drainage and
Grading Reports showing the approximate location of the 100-year flood plain
as defined by existing FEMA maps. The applicant is in the process of
verifying actual elevations of the FEMA boundary to determine if any areas of
the site actually lie below the 100 year flood plain elevation. If it is determined
that portions of the site actually are within the 100-year flood plain,
improvements planned for those areas will be re-designed to stay out of the
flood plain. The applicant does not plan to redefine any existing flood plain
areas. Banks of the Foster Reservoir are not on the subject property. Existing
wetland areas with cattails are non-jurisdictional and will be affected in the
grading of the proposed drainage structures.
16.C Comment: The location of the Highland Ditch Company easement. The
location shall be delineated and accurately dimensioned on all sheets
associated with this application.
Response: Please see Change of Zone Plat with all dimensioned
easements.
16.D Comment: The location of all internal trails shall be accurately delineated.
Response: Please see Change of Zone Plat showing the location of all
proposed trails.
16.E Comment: The location of all existing and future oil and gas wells, existing
and future tank batteries and other associated oil and gas encumbrances,
including all gathering lines associated with the new proposed wells and all
existing wells located on site.
Response: Please see Change of Zone Plat with all existing and future oil
and gas wells, tank batteries located with the OAGOA & COGCC
requirements accommodated.
16.F Comment: Additional detail is required to address internal to the
development parking associated with the active and passive recreational
facilities.
Response: Please see Change of Zone Plat showing proposed parking
areas at park and gathering areas.
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December 7, 2005 LAND O ARCHITECTS
perspective batance a subsidiary of
land architects international
Sheri Lockman, Case Manager
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Kiteley Ranch at Foster Lake — Change of Zone Questionnaire
Dear Sheri,
The following report provides answers to the questions contained in the Change of Zone
Questionnaire as required in the Change of Zone submittal checklist. The answers provided
follow the format shown below.
KITELEY RANCH AT FOSTER LAKE PUD - CHANGE OF ZONE QUESTIONNAIRE
1, How is the proposed rezoning is consistent with the policies of the Weld County Code,
Chapter 22? If the proposed rezoning is not consistent with the Comprehensive Plan, explain
how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how
the proposed rezoning will fit with what the applicant perceives as the changing conditions
in the area.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land
uses? Include a description of existing land uses for all properties adjacent to the subject
property.
3. Will the property use a septic system or public sewer facilities?
4. Who will provide adequate water, including fire protection, to the property?
5. Does the property have soils with moderate or severe limitations for construction? If yes, the
applicant shall submit information which demonstrates that the limitations can be overcome.
6. Is the road and/or highway facilities providing access to the property(ies) adequate to meet
the requirements of the proposed zone district? If not, the applicant shall supply information
demonstrating the willingness and financial capability to upgrade the road and highway
facilities,
7. Is there a sand, gravel, or other mineral resource on or under the subject property? If so,
the applicant shall provide a mineral resource statement prepared by a certified geologist or
other qualified expert. The statement shall indicate the estimated quantity of resources and
the economic feasibility of recovery, now and in the future, of the resource(s) so that the
Planning Commission and Board of County Commissioners can determine whethera
commercial mineral deposit is contained on or underthe subjectproperty(ies) as defined by
Colorado Revised Statute.
/" 8. Is the change of zone area located in a Flood Hazard Overlay District?
land planning • urban design • landscape architecture • park planning 9137 S. Ridgeline Blvd., Ste. 130, Highlands Ranch, CO 80129
www.landarchitects.net phone (303) 734-1777 • fax (303) 734.1778
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9. Is the change of zone area located in a Geologic Hazard Overlay District?
10. Is the change of zone area located in the AP (Airport) Overlay District?
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Introduction and Variance Requests
Kiteley Ranch is located within the Weld County MUD area south of Colorado Highway 66 between
Weld County Road (WCR) 7 on the west and Colorado Interstate 25 to the east. The Kiteley Ranch
proposal is for a 140-acre master planned community including the components of single-family
detached housing, community and neighborhood parks, and a trail network for pedestrian circulation.
This Change of Zone application requests variances from the Weld County R-1 zoning district. The
following list outlines the standards being proposed on the Kiteley Ranch PUD that differ from County
code. The applicant requests the following variances;
1. Building setbacks shall be determined by the Lot Setback Matrix outlined on the Change of
Zone Plat as opposed to the bulk/plane requirements outlined in the Weld County Code. The
proposed standards include 7.5 feet side-yard and 20 feet front/back-yard setbacks allowing the
encroachment of listed appurtenances within a 2.5 foot zone adjacent to the building foundation
wall.
2. Neighborhood signage in excess of the 32 square feet per Code sec.23-4-80. The Kiteley
Ranch PUD will provide signage at both entries per the request of the Weld County Sheriff's
Department which will exceed allowable signage area.
3. A 200' setback from oil/gas tanks and a 150' setback from oil/gas wells and/or separator units to
residential lots and recreational amenities including trails, sport courts/fields, restrooms, and
playground facilities. These are the standards enforced by the Colorado Oil and Gas
Commission pertaining to the OAGOA & COGCC requirements.
4. Carports and/or parking areas, as defined by the Weld County Code, shall be prohibited on
residential lots within the Kiteley Ranch PUD.
5. Livestock animal units and/or associated kennel facilities, as defined by the Weld County Code,
shall be prohibited in the Kiteley Ranch PUD.
1. How the proposed rezoning will fit with what the applicant perceives as the changing
conditions in the area.
The 140-acre Kiteley Ranch site includes approximately ±30 acres of open space and low-density
single-family residential units. The design accommodates a mix of single-family housing including
traditional front loaded lot configurations. Lot sizes range from 57' x 110' to 68' x 110'. For the
convenience of residents, park and trail corridors connect individual neighborhoods to the amenities
within the neighborhood. Amenities provided within the project include a private pool facility with
restrooms for exclusive use by the members of the HOA, a neighborhood park adjacent to Foster
Reservoir with playground and shade structure, a second neighborhood park with shade structure
and playground near the northern entrance of the site, and a smaller contemplative garden park in
the northeast sector of the neighborhood. In order to preserve a piece of the rural history of the
area, the Kiteley Ranch PUD preserves the existing 3.5 acre farm house site, a beautifully
landscaped homestead that has an attractive presence along the CR7 corridor. Access to the farm
site off of CR7 will be abandoned and re-routed through the development from the cul-de-sac on
the north side of the south entrance. The homestead at the southwest corner of the development
will remain in its current state as it is not a part of the property to be developed.
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r^ There is a perceived need in this area of the county for residential development for residents
desiring to live near the 1-25 corridor within a suburban development. The MUD Area promotes this
type of development; however each community is left to provide services, in addition to housing
alone, as services typically provided by municipalities are not available in this area of the county. To
respond to this need for services, Kiteley Ranch has provided a wide array of recreational amenities
and intends to form both a metropolitan district, for the funding of initial infrastructure, and an HOA
for the long term maintenance of the community.
The rezoning request proposes a maximum of 429 lots at. All lots adjacent to CR7 are at least
6,270 square feet in lot area and are setback a minimum of 25 feet from the expanded 100 foot
CR7 right-of-way. A 50-foot wide utility easement borders the southern edge of the development
which provides an open space buffer for property to the south. The north edge of the development
is not directly adjacent to the HWY 66 right-of-way and is separated by a thin parcel of land and the
presence of the Highland Ditch Company irrigation canal. The Highland Ditch Company irrigation
canal also extends along the east edge of the development. A minimum setback of 20' is provided
from the irrigation canal top-of-bank to any rear residential lot line and the pre-existing gravel
access road is kept in place for continued maintenance of the canal. Setbacks from the canal in
most areas exceed 40-50 feet; in these areas where additional space exists, landscaping has been
provided for additional screening. Commercial/Light Industrial uses bordering the site on the
northeast are buffered by the separation provided by the irrigation canal and existing and proposed
trees and landscaping.
The proposal is consistent with the aforementioned documents as follows:
,.. 1) Section 22-2-110.B (UGB.Goal 2) states, "Concentrate urban development in or
adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain
urban growth boundary areas that provide an official designation between future urban and
non-urban uses." The proposed subdivision is located within the Mixed Use Development
(MUD) area, and within the Municipal Referral Areas of the Town of Mead, City of
Longmont, Town of Firestone and Town of Frederick.
2) Section 22-2-230.A (MUD.Goal 1) states "To plan and to manage growth and to provide
for ease of inclusion in the 1-25 Mixed Use Development area and urban development nodes
so as to balance relevant fiscal, environmental, aesthetic and economic components of the
area." The proposal assures that new development occurs in such a manner as to
maintain an attractive working and living environment. Further, all applicable standards
and regulations, unless otherwise modified herein, of Chapter 22, Chapter 23 and
Chapter 26, along with Chapter 27 shall be integrated in the design of the Final Plan.
3) Goal MUD.C. Goal 1 in Chapter 26, Article 1 Section 26-1-50.B.1.a of the Weld County
Code states, "Establish a sense of community identity within the Mixed Use Development area
by planning and managing residential, commercial, industrial, environmental, aesthetic and
economic components of the area." The land uses shown on the change of zone plat
reflect the uses shown on the MUD Structural Land Use Map. (Map Number 2.1, dated
June, 2005)
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4) MUD.C- Goal 3 in Chapter 26, Article 1 Section 26-1-50.B.3.a of the Weld County Code
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states, "Community form and identity shall be encouraged through the enhancement and
preservation of natural resources and features." Where feasible, drainage ways shall be
maintained in their natural state to ensure optimal re-charge (MUD.C. Policy 3.2, Section
26-1-50.B.3.c). Impacts to air quality will be minimized (MUD.C. Policy 3.3, Section 26-1-
50.B.3.d).
Disturbed areas will be re-vegetated immediately following construction. In order to minimize
wind and soil erosion, temporary stabilization measures will be established until permanent
cover is in place. (MUD.C. Policy 3.5, Section 26-1-50.6.3.f). Native species have been
selected for some of the re-vegetation. (MUD.C. Policy 3.6, Section 26-1-50.B.3.g).
5) Section 22-3-140.6 TGoal 2. states "A Countywide trail system should be considered to
service transportation and recreation purposes." Several pedestrian and open space
connections are provided to connect the three phases of the development and the
surrounding area.
•
6) Section 22-3-140.k Goal 1. states "Provide a unified and coordinated countywide street
and highway system which moves people and goods in a safe, economical, and efficient
manner. The proposed development will comply with Sections 22-3-60 through 22-3-140
of the Weld County Code. Access to the development will preserve the existing and
future function of roads and highways affected by this proposed development. Traffic
generated by the proposed development will conform to the recommendations and
requirements of the Department of Public Works, the Town of Mead and the Colorado
Department of Transportation (CDOT) per attached conditions of approval.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding
land uses? Include a description of existing land uses for all properties adjacent to the
subject property.
The site is currently in the MUD area planned for Regional Commercial, Employment Center, and
Residential use. Surrounding lands to the south and north are currently agricultural but will likely be
developed as residential and/or commercial uses as the MUD Area continues to develop. Land to
the west is currently being constructed as single-family residential and commercial. Commercial
land-use borders the site on the east. The Kiteley Ranch PUD property is currently an agricultural
use and is bordered on the north and east by the Highland Ditch. The presence of the Highland
Ditch and the small parcel of land separating the Kiteley Ranch PUD from HWY66 right-of-way
prohibit the ability to provide a functional commercial component that would require frontage along
HWY 66 to ensure success. Foster Reservoir is located at the Southeast corner of Kiteley Ranch
providing a visual amenity for the community.
3. Will the property use a septic system or public sewer facilities?
Kiteley Ranch at Foster Lake will provide sewer facilities. The development site is included in the
St. Vrain Sanitation District's Master Plan. Service will be provided to the site per the conditions
outlined in the attached letter from the St. Vrain Sanitation District.
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4. Who will provide adequate water, including fire protection, to the property?
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The Longs Peak Water District will serve this property. Please see the attached service letter and
agreement.
Mountain View Fire Protection District (MVFPD) has adequate resources to successfully serve the
development. All development within the PUD will comply with applicable MVFPD standards
regarding construction, access and fire protection.
5. Does the property have soils with moderate or severe limitations for construction? If yes, the
applicant shall submit information which demonstrates that the limitations can be overcome.
Base on the preliminary Geotechnical Report from Ground Engineering Consultants, the site is
feasible for development with respect to potential geologic hazards and general geotechnical
design concerns.
In general, conventional shallow foundations appear appropriate. The soils encountered at the site
generally exhibited low swell potentials with localized areas of moderate swell.
The proposed PUD site does not present a geological hazard; please refer to the attached geological
investigation report for detail information.
6. Is the road and /or highway facilities providing access to the property(ies) adequate to meet
the requirements of the proposed zone district? If not, the applicant shall supply information
demonstrating the willingness and financial capability to upgrade the road and highway
facilities.
Kiteley Ranch at Foster Lake is providing adequate access. There are two (2) access points along
Weld County Road 7 with one access point provided along the south edge of the site for connection
to future development. The applicant worked directly with the Mead Town Engineer and
surrounding developers to coordinate access locations and cost share participation towards off-site
improvements to the CR 7 and intersection improvements at HWY 66. The applicant is planning a
metropolitan district for the funding of on-site and offsite roadway improvements. An HOA will be
formed upon completion of the development for long-term maintenance of public and private
roadways within the PUD. Please see signed agreement with Town of Mead regarding property
access alignment.
7. Is there sand, gravel, or other mineral resource on or under the subject property? If so,
the applicant shall provide a mineral resource statement prepared by a certified
geologist or other qualified expert. The statement shall indicate the estimated quantity
of resources and the economic feasibility of recovery, now and in the future, of the
resource(s) so that the Planning Commission and Board of County Commissioners can
determine whethera commercial mineral deposit is contained on or under the
subjectproperty(ies) as defined by Colorado Revised Statute.
There have been no sand or gravel resources identified or granted by right on the property. There
are two (2) existing oil wells on site including tanks and separator facilities owned by Kerr McGee.
Area for future drilling activity and associated placement of new equipment has been provided on
the Change of Zone Plat as directed by Terry Enright from Kerr McGee. Fencing provided to secure
all drilling facilities is shown on the Change of Zone Plat as requested by the Weld County Sheriffs
Department. Kerr McGee has provided a letter for submission with the Kiteley Ranch PUD Change
of Zone request expressing their support of the application and intentions to complete a Surface-
eraN
P:\2004\04088-EJ-Kitely Farms\Admin_Ph Info\Correspondence\Response Letter\COZ Submittal\1 2005\KiteleyQuestionnaire.doc
Use Agreement with the applicant prior to Final Plat. Please see the letter of agreement with Kerr
McGee for detailed information.
8. Is the change of zone area located in a Flood Hazard Overlay District?
There are 3.72 acres in the Kiteley Ranch PUD within the influence of the 100-year flood plain. The
preliminary drainage plan prepared with this PUD Change of Zone submittal details how the affected
areas work within the on-site drainage features of the project. The drainage study conforms with
Sections 24-7-120 and 24-7-130 of the Weld County Code.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
No areas within the development boundary are within a Geologic Hazard Overlay District. Please see
attached geotechnical report.
10. Is the change of zone area located in the AP (Airport) Overlay District?
The proposed PUD does not fall within any existing IGA district boundaries or airport overlay district.
r
Kiteley Ranch at Foster Lake CHANGc, OF ZONE Specific Guide
Kiteley Ranch at Foster Lake PUD — Change of Zone Specific Guide
Introduction
Kiteley Ranch is a low-density residential community located within the Weld County
MUD area. It is south of Colorado Highway 66, and bounded by Weld County Road
(WCR) 7 on the west and Colorado Interstate 25 to the east. The plan provides for a mix of
single-family home products that provide for a variety of lifestyles.
The Kiteley Ranch proposal is for a 140-acre master planned community comprised of
single-family detached housing, parks and a trail network for pedestrian circulation. A
comprehensive network of open space including neighborhood parks, trail corridors, and
landscape buffers adjacent to road right-of-way will tie the neighborhoods together.
Component One - Environmental Impacts
The following list explains how the Kiteley Ranch PUD addresses the required list of
Environmental Impacts identified by the Weld County Department of Planning Services.
1. Noise and vibration: There are no uses within Kiteley Ranch PUD that produce noise
and vibration levels at nuisance levels. Effects of traffic noise and vibration on
homeowners adjacent to major roadways have been mitigated with landscape
setbacks and planting.
2. Smoke, dust, and odors: There are no uses within Kiteley Ranch PUD that produce
smoke, dust, and odors at nuisance levels. All park and open space areas will be
re-vegetated to eliminate dust from exposed soils. All local roadways shall be paved.
3. Heat, light, and glare: The use of residential building materials within Kiteley Ranch
does not propose significant light and glare concerns. Parks and open space areas
have ample vegetation to provide shaded areas for residents.
4. Visual/aesthetic impacts: Kiteley Ranch PUD is designed as a master planned
community. Themed signage and landscape will be provided at community entries
and throughout the park and open space network. Various styles and models of
single-family homes will be available throughout the community.
5. Electrical interference: Not applicable.
6. Water pollution: All residential buildings will have potable water connections. All
surface drainage exiting the site will be detained as required.
7. Wastewater disposal:All residential buildings will have sewer connections to provide
wastewater disposal services.
12/7/2005 1
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Kiteley Ranch at Foster Lake CHANT,,; OF ZONE Specific Guide
8. Wetland removal: There are no jurisdictional wetlands on the subject property.
9. Erosion and sedimentation: Erosion control measures required by the building
department shall be observed at all times during construction. All residential
landscapes, parks, and open space areas shall be landscaped with live plant material
to prevent erosion.
10. Excavating, filling, and grading: The subject property will be graded in accordance
with requirements set forth by the Public Works and Building departments.
Substandard soils existing on site will be mitigated in accordance with the
geotechnical investigation for the construction of single-family homes.
11. Drilling, ditching, and dredging: Well operation area setbacks identified on the
Preliminary Site Improvement Plans will accommodate future directional drilling as
required by the mineral owners.
12. Air pollution: The Kiteley Ranch PUD allows only those uses permitted under
residential zoning districts as stated in the Weld County Code, thus excluding uses
that would produce harmful levels of air pollution.
13. Solid waste: Residents of Kiteley Ranch will be required to use a waste removal
service to pick up trash on a weekly basis.
14. Wildlife removal: A Wildlife / Environmental Report is provided as a part of this PUD
Change of Zone application. Any filling of the marsh should occur during the
none-nesting season to avoid taking migratory bird nests. Most threatened and
endangered species are unlikely to be affected because suitable habitat for those
species is not present.
15. Natural vegetation removal: The parcel is currently agricultural, stands of trees along
the Highland Ditch shall be preserved along with existing landscaping around the
Kiteley home place.
16. Radiation/radioactive material: Not applicable.
17. Drinking water source: potable water is being provided through a new expansion
project of the Longs Peak Water District. Formal agreement for service is a part of the
Change of Zone application.
18. Traffic impacts: The impact of traffic from Kiteley Ranch is outlined in the Traffic
Impact Analysis that is a part of this PUD Change of Zone submittal package.
12/7/2005 2
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Kiteley Ranch at Foster Lake CHANL.; OF ZONE Specific Guide
Component Two — Service Provision Impacts
The following list explains how the Kiteley Ranch PUD addresses the required list of
Service Provision Impacts identified by the Weld County Department of Planning
Services.
1. Schools: The Kiteley Ranch PUD has agreed to participate in the St. Vrain Valley
School District impact fee program. The signed agreement is a part of this PUD
Change of Zone submittal.
2. Law enforcement The Kiteley Ranch PUD shall participate in the newly formed SW
Weld County Law Enforcement Authority in order to provide an urban level of law
enforcement service to the development.
3. Fire protection: The Mountainview Fire Protection District will provide emergency fire
protection services to the Kiteley Ranch PUD. The applicant has met with the MVFPD
to confirm the district's needs are being met.
4. Ambulance: The Mountainview Fire Protection District will provide emergency
ambulatory services to the Kiteley Ranch PUD. The applicant has met with the
MVFPD to confirm the district's needs are being addressed.
5. Transportation; The Kiteley Ranch PUD has two access points off of Weld CR 7 which
serve as primary access to the development. The applicant has met with Weld County
Public Works and the Town of Mead to ensure access is designed appropriately and in
conjunction with surrounding development.
6. Traffic impact analysis: The impact of traffic from Kiteley Ranch is outlined in the
Traffic Impact Analysis that is a part of this PUD Change of Zone submittal package.
12/7/2005 3
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Kiteley Ranch at Foster Lake CHANuc, OF ZONE Specific Guide
7. Storm drainage: A Final Drainage and Erosion Control Report has been submitted
with the Change of Zone application.
8. Utility provisions: The applicant held a joint meeting with representatives from
Comcast (Brian Jones), Qwest(Len Cross), United Power(Bill Meier), and Kinder
Morgan(Randy Hayes) to discuss the Kiteley Ranch PUD. Each company confirmed
the capacity to serve this area and agreed to provide detailed service plans and
agreements at the time of Final Plat.
9. Water provisions: A Subdivision Service Agreement for Kiteley Ranch with the Longs
Peak Water District has been submitted with the Change of Zone application.
10.Sewage disposal provisions: The Kiteley Ranch PUD will provide sanitary sewer
service to the project through St. Vrain Sanitation District. A Residential Subdivision
Service Agreement for Kiteley Ranch with the St. Vrain Sanitation District has been
submitted with the Change of Zone application.
11.Structural road improvements plan: The applicant's responsibility for public roadway
improvements, as outlined in the Transportation section above, will be finalized prior
to Final Plat submittal.
Component Three — Landscaping Elements
The following list explains how the Kiteley Ranch PUD addresses the requirements for
landscaping as required by the Weld County Department of Planning Services.
1. Landscape Plan; the Preliminary Site Improvement Plans have been submitted with
the Change of Zone application and meet the landscape plan requirements as stated
in the Weld County Code.
2. Perimeter treatment; the Kiteley Ranch PUD provides over 3 miles of trails in
landscape buffers that surround the development. The use of dense evergreen plant
material and native grasses planted on tall berms is used to buffer the community from
major roadway corridors. Where residential lots back or side to park and open space
or landscape areas an open rail fence may be used.
3. Maintenance responsibilities: The improvements and landscaping shown in the
Preliminary Site Improvement Plans will be financed and constructed, but not
maintained, by a metropolitan district. The applicant will be submitting a Service Plan
and requesting approval to form a Metropolitan District. The District and its Service
Plan shall conform to the new County Special District and Service Plan Policy as
agreed upon with the Weld County Attorney's Office. An HOA shall take on the
responsibility for long-term care and maintenance of all improvements. The applicant
shall submit detailed construction plans for all improvements outlined in the
Preliminary Site Improvement Plans at the time of Final Plat for review by the County.
12/7/2005 4
Kiteley Ranch at Foster Lake CHANut OF ZONE Specific Guide
4. On-site improvements agreement; Improvements shown in the Preliminary Site
Improvement Plans, submitted with the Change of Zone application, represent what
the applicant has committed to provide through the proposed Metropolitan District,
refer to the maintenance responsibilities section above.
5. Water availability; the applicant is participating in an expansion project with the
Highland Ditch Company to construct infrastructure for a new ditch-water irrigation
system to serve the Kiteley Ranch PUD and other new developments in the area. A
service agreement with the Highland Ditch Company, specific to the Kiteley Ranch
PUD, has been submitted with the Change of Zone application.
Component Four — Site Design
The following list explains how the Kiteley Ranch PUD addresses the requirements for
site design as required by the Weld County Department of Planning Services.
1. Unique Features: The Kiteley Ranch PUD is being proposed on existing farm land that
provides no unique features as the property has been plowed on a regular basis for
farming. Off of the property to the west is a newly developing residential development.
The Highland Ditch runs along the north and east property boundary, however no
portions of the ditch, as it runs adjacent to the Kiteley Ranch PUD, is classified as a
jurisdictional wetland.
2. Comprehensive Plan compliance: The Kiteley Ranch PUD is within the Weld County
MUD Area which is a component of the Comprehensive Plan. This planning area
provides an opportunity for urban scale developments along the 1-25 corridor between
CO Highways 119 and 66. The Kiteley Ranch PUD proposes a development
consistent with MUD Area requirements.
3. PUD Zone District compatibility. The Kiteley Ranch PUD is entirely residential and is
next to a new residential development to the west. The MUD Area overlay shows land
surrounding the Kiteley Ranch PUD to be developed as residential, creating no
apparent conflicts.
4. Flood Hazard, geologic hazard, airport overlay: The Kiteley Ranch PUD is not located
within any overlay districts.
Component Five — Common Open Space Usage
The Kiteley Ranch PUD provides 31 acres (22% of development area) of maintained
parks and open space compared to the 20% open space requirement for the MUD Area.
The improvements and landscaping shown in the Preliminary Site Improvement Plans will
be financed and constructed, but not maintained, by a metropolitan district. The applicant
will be submitting a Service Plan and requesting approval to form a Metropolitan District.
The District and its Service Plan shall conform to the new County Special District and
Service Plan Policy as agreed upon with the Weld County Attorney's Office. An HOA
shall take on the responsibility for long-term care and maintenance of all improvements.
12/7/2005 5
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Kiteley Ranch at Foster Lake CHANUr, OF ZONE Specific Guide
Component Six - Signage
Kiteley Ranch PUD is designed as a master planned community. Themed signage and
landscape will be provided at community entries and throughout the park and open space
network.
Component Seven — MUD Impact
Kiteley Ranch PUD is designed to the urban scale development standards for the MUD
Area as outlined in the Weld County Code. The MUD Area overlay shows land
surrounding the Kiteley Ranch PUD to be developed as residential, creating no apparent
conflicts. The Kiteley Ranch PUD is entirely residential and adjacent to the residential
development at the west. Extensive landscape buffers surround the Kiteley Ranch PUD
to provide adequate separation from existing agricultural uses and future development.
Component Eight — Intergovernmental Agreement Impacts
Kiteley Ranch PUD is not a part of any existing Weld County IGA.
12/7/2005 6
P '_.9.N S _J.(..dofnro. AdI , P; lil t > op. dcm Rc.p_ a I.ter10/ ,ntnEr1CU/ ntueT do(
SEP-07-2005 WED 02:40 PM FAX NO. P. 01
Report Date:09/0712005 02:39PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
..-- SCHEDULE NO:R0026587
ASSESSED TO:
KITELEY FARMS LTD
13844 WELD CO RD 7
LONGMONT, CO 80504
LEGAL DESCRIPTION:
PT NW4 27-3-68 LOT B REC EXEMPT RE-843(5.84R)SITUS: 13844 7 CR WELD 00000
PARCEL: 120727000047 SITUS ADD: 13844 7 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 2,608.20 0.00 0.00 2,608.20 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 09/07/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2325-
Authorlty MITI Levy Amount Values Actual Assessed
WELD COUNTY 19.957 716.65 AGRICULTUR 58,933 17,090
SCHOOL DIST RE1J 40.089 1,439.59 AGRICULTUR 4,178 1,210
NCW WATER 1.000 35.91 AGRICULTUR 221,200 17,610
SVW WATER 0.230 8.26 ----------- -----------
LONGS PEAK WATER 0.000 0.00 TOTAL 284,311 35,910
MTN VIEW FIRE(BOND 2008) 0.290 10.41
WELD LIBRARY 3.249 116.67 SR EXEMPT 0 0
LONGMONT CONSERVATION 0.000 0.00 -------- ---------
MOUNTAIN VIEW FIRE 1.817 280.71 NET TOTAL 284,311 35,910
TAXES FOR 2004 72.632 2,608.20
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES; PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
�- P.O.Box 458
Greeley,CO 80632
(970)3633846 ext.3290
Report Date:091071200502:39PM WELD COUNTY TREASURER Pape: 1
STATEMENT OF TAXES DUE
SCHEDULE NO; R2528103
ASSESSED TO'
KITELEY TOM R FAMILY TRUST
0/0 FIRST MAIN STREET NA
401 MAIN STREET
LONGMONT,CO 80501
LEGAL DESCRIPTION:
PT SW4 21-3-68 SUB EXEMPT SE-960 (.19R)SITUS: 13844 7 CR WELD 000000000
PARCEL: 120721300047 SITUS ADD: 13844 7 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 974.72 0.00 0.00 974.72 0.00
TOTAL TAXES 0.00
GRAND TOTAL. DUE GOOD THROUGH 09/07/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2325-
Authorlty MITI Levy Amount Values Actual Assessed
WELD COUNTY 19.957 267.82 AGRICULTUR 2,464 720
SCHOOL DIST RE1J 40.089 538.00 AGRICULTUR 159,502 12,700
NCW WATER 1.000 13.42 ------- -----------
SVW WATER 0.230 3.09 TOTAL 161,966 13,420
LONGS PEAK WATER 0.000 0.00
MTN VIEW FIRE(BOND 2008) 0.290 3.89 SR EXEMPT 0 0
WELD LIBRARY 3.249 43.60 ----------
LONGMONT CONSERVATION 0.000 0.00 NET TOTAL 161,966 13,420
MOUNTAIN VIEW FIRE 7.817 104.90
_ .._.
TAXES FOR 2004 72.632 974.72
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES; PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O.Box 458
Greeley,CO 80632
(970)353-3945 ext.3290
SEP-07-2005 WED 02:41 PM FAX NO. P. 03
(fit�oa°f,,t a �k 4.14410)4$ i�.'ft (44'. --. - -
� - - _.• WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statements)
of Taxes Due, issued by the Weld County.Treasurer,are evidence that,as of this date,
all property taxes,special assessments and prior tax liens currently due and payable
connected with the parcel(s)identified therein have been paid in full.
Signed ( Ste" Date Q 7/� .S. ---+
-- �K KERR-MCGEE ROCKY MOUNTAIN CORPORATION1999 BROADWAY SUITE 3600 • DENVER COLORADO
September 28,
Weld County Planning Department
2005
VIA FACSIMILE AND U.S. MAIL CREELEY OFFICE PHONE: 303-296-3600
FAX: 303-296-3601
Weld County Department of Planning Services E� �SEP 3 0 2009
Attn: Kim Ogle, Planning Manager q V ED
918 10th Street
Greeley, CO 80631
Re: Kiteley Ranch at Foster Lake—PUD Approval
Applicant: Jerry Eckelberger—Longs Peak Investors, LLC
3N-68W, Section 27
Dear Mr. Ogle:
Kerr-McGee Rocky Mountain Corporation ("KMRMC") is the owner of valid oil
and gas leases underlying all or part of Kiteley Ranch at Foster Lake, for which Longs
Peak Investors, LLC is seeking PUD approval. KMRMC and Longs Peak Investors have
been negotiating a Surface Use Agreement, the terms of which will govern the parties'
simultaneous use of the subject property. KMRMC does not object to the change of
zoning for which Longs Peak Investors is applying. However, the parties have not yet
concluded an agreement, and KMRMC therefore requests that the Department of
Planning Services withhold final plat approval of this PUD application until the parties
execute and record a surface use agreement.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
EiLei
Terry D En .ght
cc: Longs Peak Investors, LLC - Applicant
James P. Wason—Kerr-McGee Rocky Mountain Corporation
57)
SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is dated and made effective this day
of December, 2005, and is between Kerr-McGee Rocky Mountain Corporation ("KMG") with
an address of 1999 Broadway, Suite 3700, Denver, CO 80202, and Longs Peak Investors, LLC
(collectively hereinafter referred to as "Surface Owner") with an address of 7120 E. Orchard
Road, Suite 450, Englewood, CO 80111.
A. Surface Owner owns the exclusive right to acquire the surface estate of that
certain tract of land more particularly described on Exhibit A attached hereto, being
approximately 140.428 acres in Weld County, Colorado (hereinafter referred to as the
"Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas
mineral leasehold estate, a portion of which is now owned by KMG;
C. Surface Owner plans to develop the surface of the Property as 428 residential lots
known as Kiteley Ranch at Foster Lake.";
D. KMG currently operates two well(s) on the Property, known as Kiteley 5-27 and
Kiteley 5-7 (Existing Well(s)") generally located Northwest ''A of Section 27, described
above, and has the right to develop its oil and gas leasehold estate by drilling additional
wells(the"Future Well(s)")on the Property; and
E. This Agreement sets forth the parties' rights and obligations regarding the
relationship between the development of the Property by Surface Owner and KMG's
operation and development of its oil and gas leasehold estate underlying the Property,
such rights and obligations to be binding upon the parties' successors and assigns.
In consideration of the mutual covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. AREAS RESERVED FOR THE EXISTING WELL AND FUTURE WELLS.
Surface Owner shall set aside and provide to KMG that portion of the Property
hereinafter referred to as the, "Oil and Gas Operations Areas", such area(s) being depicted on
Exhibit "B" attached hereto. The Oil and Gas Operations Areas are to be made available to
KMG in their present condition for any operations conducted by KMG in connection with the
Existing Well or any Future Well, including, but not limited to, drilling and production activities,
workovers, well deepenings,recompletions, fracturing and replacement wells. Except for the Oil
and Gas Operations Areas, and the access roads and easements associated with Bowlines,
gathering lines and pipelines as provided in this Agreement, KMG shall not occupy the surface
of the Property except in the event of an emergency or for reasonable incidental, temporary and
non-damaging activities, for which KMG shall be strictly and solely responsible for any damages
that may occur.
2. WELL LOCATIONS.
KMG shall have the right to drill Future Wells within the Oil and Gas Operations Areas,
including horizontal and directional wells that produce from and drain lands other than the
Property provided such lands are validly pooled with all or any portion of the lands included in
ICMG's oil and gas lease covering the Property, and so long as such locations are permitted
locations under the then applicable well spacing regulations of the Colorado Oil and Gas
Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the
COGCC. As part of the consideration for this Agreement, Surface Owner hereby waives its right
to, and covenants that it shall not protest or object to any such exception location or application
for same by KMG. KMG shall not otherwise have the right to drill new wells on the Property.
Notwithstanding the foregoing, the wellhead location of any Future Well drilled from any Oil
and Gas Operations Area shall not be closer than 150' from a residential lot line.
3. SETBACK REQUIREMENTS.
Surface Owner will not locate any lot line, building, or structure within any Oil and Gas
Operations Area. Surface Owner understands and acknowledges that the COGCC has rules and
regulations that apply to the distance between a wellhead and public roads, production facilities,
building units and surface property lines, among other things. In order to give full effect to the
purposes of this Agreement, Surface Owner hereby waives its right to object to the location of
any of ICMG's facilities on the basis of setback requirements in the rules and regulations of the
COGCC, as they may be amended from time to time. Surface Owner further and similarly
waives its right to object to any other state or local setback requirements or other requirements or
regulations that are or become inconsistent with this Agreement or that would prohibit or
interfere with the rights of KMG, its successors and assigns, to explore for and produce the oil
and gas in accordance with this Agreement. KMG or its successors and assigns may cite the
waiver in this paragraph in order to obtain a location exception or variance under COGCC rules
or from any other state or local governmental body having jurisdiction. Surface Owner agrees
not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is
consistent with this Agreement and Surface Owner will provide KMG or its successors and
assigns with whatever written support they may reasonably require to obtain permits from the
COGCC or any local jurisdiction.
4. GATHERING LINES AND FLOWLINES.
Subject to the limitations hereinafter described, KMG has a continuing right and
entitlement to own, operate, maintain, repair and replace all flowlines, gathering lines and other
pipelines that may be necessary or convenient to its operations on the Property. Although this
Agreement is intended to confine the placement of those pipelines to certain specified locations
within the Property, nothing herein shall be construed as a limitation on KMG's ultimate right to
make all necessary well connections to any Existing or Future Well. The current development
plans for Kiteley Ranch at Foster Lake may anticipate the relocation of certain existing gathering
lines or flowlines ("Existing Pipelines") to a designated easement corridor shown on Exhibit
"B" as the "Petroleum Pipeline Easement." It is further anticipated that any additional
pipelines, flowlines and gathering lines that may be required in the future ("Future Pipelines")
may also need to be placed within, or relocated to the Petroleum Pipeline Easement. All such
relocations shall be at Surface Owner's cost and expense.
At such time as Surface Owner desires to have any Existing Pipelines or Future Pipelines
relocated to the Petroleum Pipeline Easement, it shall give written notice to KMG who shall
promptly prepare, or commission the preparation of, a cost estimate to accomplish the relocation.
As soon as available, KMG will then provide the cost estimate to Surface Owner who will then
have the opportunity to review same and make a final determination about whether it wishes to
proceed with the relocation. If Surface Owner elects to have KMG effectuate the pipeline
relocation, it shall tender the estimated costs of such to KMG together with its written request to
commence the project as soon as reasonably practicable, or as otherwise requested by Surface
Owner. If it has not already done so, Surface Owner shall also deliver to KMG an executed and
acknowledged Pipeline Right of Way Grant on the form that is attached hereto as Exhibit"C" in
order to convey the Petroleum Pipeline Easement lands as shown on Exhibit"B". The Petroleum
Pipeline Easement shall be sixty feet(60') in width during construction, installation or relocation
operations and otherwise reduced to forty feet(40') in width for post-construction usage.
MI relocated and Future Pipelines shall be located within the Petroleum Pipeline
Easement unless otherwise agreed upon between Surface Owner and ICMG. KMG
acknowledges that the Petroleum Pipeline Easement will be non-exclusive and agrees that it will
not object to its concurrent use by other oil and gas operators or utilities, as Surface Owner may
grant from time to time, so long as such other parties comply with KMG's pipeline guidelines,
attached hereto as Exhibit "D". Notwithstanding the foregoing, Surface Owner shall not permit,
nor shall it place any other utility or structure within ten feet horizontally or two feet vertically of
any KMG pipeline. The Petroleum Pipeline Easement and Oil and Gas Operations Areas shall
be depicted and labeled on all subdivision plats submitted to Weld County.
If Surface Owner's development plans anticipate that roadways will or may in the future
cross over Existing Pipelines. Surface Owner agrees to pay for the cost to have KMG sleeve any
Existing Pipeline that is to be crossed by such roadways, such payment to be made in advance of
the work and Surface Owner shall not permit any roadway crossing of any Existing Pipeline until
the sleeving of the affected line has been completed.
KMG shall not, without the prior written consent of Surface Owner,have the right to lay
additional flowlines or pipelines on the Property, outside the Petroleum Pipeline Easement. All
flowlines and pipelines shall be buried to a depth of approximately 48 inches from the surface.
Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover
over all pipelines and flowlines during any of Surface Owner's operations on the Property. The
construction and burying of additional flowlines, gathering lines and pipelines shall be at the sole
cost and expense of KMG or its gas purchaser.
5. ACCESS.
Surface Owner shall provide KMG with continuous access to all of the Oil and Gas
Operations Areas and the Petroleum Pipeline Easement. The access roads to be used by KMG
will either be those roads that currently are in place or those that are anticipated to be constructed
by Surface Owner at its sole cost and expense as part of Surface Owner's development of the
Property. KMG agrees to access the Property according to the routes depicted and described on
the attached Exhibit "B" once the streets are constructed by Surface Owner and Surface Owner
provides KMG notice of such but KMG may continue to use its present access mutes until that
time and until receipt of such notice from Surface Owner.
6. BATTERIES AND EQUIPMENT.
KMG shall have the right to locate, build, repair and maintain tanks, separators,
dehydrators, compressors and other equipment reasonably appropriate for the operation and
production of the Existing Well or any Future Wells only within the Oil and Gas Operations
Areas.
With respect to KMG's equipment and facilities other than flowlines or pipelines:
a. KMG shall install and maintain, at its sole cost and expense, all fences
around the Existing Well and any Future Wells in compliance with the Rules and
Regulations of the COGCC;
b. KMG shall install and maintain, at its sole cost and expense, all gates and
locks reasonably necessary for the security of any wells or facilities in the Oil and Gas
Operations Areas. Such gates and locks shall be the standard gates and locks used by
ICMG;
c. KMG shall paint any production facilities for any wells, including
wellhead guards,with paint that is approved by the COGCC; and
d. Surface Owner shall not inhibit KMG's access to the Oil and Gas
Operations Areas or inhibit KMG's operations within the Oil and Gas Operations Areas
by landscaping or other improvements, unless otherwise agreed upon between Surface
Owner and KMG.
7. NOTICE OF FUTURE OPERATIONS.
KMG shall provide at least seven (7) days prior written notice to Surface Owner of any
operations in connection with the reworking, fracturing, deepening or recompletion operation on
the Existing Well or any Future Wells; provided, however, that KMG shall provide at least thirty
(30) days prior written notice to Surface Owner and/or any homeowner's association formed by
Surface Owner that is associated with the Property upon the drilling of any Future Wells.
Regardless of the foregoing notice requirements, KMG shall have immediate access to any of its
facilities in the event of an emergency.
After receipt of the above notice, but not less than five (5) working days prior to ICMG's
mobilization on the applicable Oil and Gas Operations Areas, either KMG or Surface Owner
may request an on-site meeting. The purpose of the meeting shall be to inform Surface Owner of
the expected activity and to coordinate site access, hazards, barricades, restoration or any other
issues that affect the use and safety of Surface Owner's development.
8. NOTICES TO HOMEOWNERS AND BUILDERS.
Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or
map showing the Oil and Gas Operations Areas and the Easement. In addition, Surface Owner
shall provide notice to all builders, homeowners, homeowner associations and other buyers of
the Property from Surface Owner that:
a. There may be ongoing oil and gas operations and production in the Oil
and Gas Operations Areas on the surface of the Property;
b. There are likely to be additional Future Wells drilled and oil and gas
operations and production from the Oil and Gas Operations Areas that affect the surface
of the Property;
c. Heavy equipment may be used by KMG from time to time for oil and gas
production operations and that such operations nay be conducted on a 24 hour basis;
d. Future purchasers of all or a portion of the Property, as successors in
interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's
rights under this Agreement and assuming those obligations undertaken by Surface
Owner pursuant to this Agreement; and
e. Homeowner associations and buyers of individual lots or homes, as
successors in interest to Surface Owner, will be acquiring a proportionate interest in
Surface Owner's rights under this Agreement, and will be subject to the waivers
contained in Sections 3, 9, and the covenants contained in Section 3 prohibiting the
location of any building or structure within the Oil and Gas Operations Areas or the
Easement and waiving objection to any setback rules of the COGCC or any local
jurisdiction.
9. DRILLING AND COMPLETION OPERATIONS.
KMG shall endeavor to diligently pursue any drilling operations to minimize the total
time period and to avoid rig relocations or startup during the course of drilling. Surface Owner
waives any objections to continuous (i.e.,24-hour) drilling operations.
10. GOVERNMENTAL PROCEEDINGS.
Surface Owner shall not oppose KMG in any agency or governmental proceedings,
including but not limited to the COGCC, the County of Weld or other governing body
proceedings, related to ICMG's operations on the Property, including but not limited to drilling,
workovers, well deepenings and recompletions, provided that KMG's position in such
proceedings is consistent with this Agreement.
11. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
a. No party shall be liable for, or be required to pay for, special, punitive,
exemplary, incidental, consequential or indirect damages to any other party for activities
undertaken within the scope of this agreement;
b. Except as to claims arising out of pollution or environmental damage
(which claims are governed by Section 12 below) or out of other provisions of this
Agreement (which claims shall be governed by the terms of this Agreement), each party
shall be and remain responsible for its own liability for all losses, claims, damages,
demands, suits, causes of action, fines, penalties, expenses and liabilities, including
without limitation attorneys' fees and other costs associated therewith(all of the aforesaid
herein referred to collectively as "Claims"), arising out of or connected with each such
party's ownership or operations on the Property, no matter when asserted, subject to
applicable statutes of limitations. Each such party shall release, defend, indemnify and
hold the other parties, their managers, members, officers, directors, employees,
successors and assigns, harmless against all such Claims. This provision does not, and
shall not be construed to, create any rights in persons or entities not a party to this
Agreement, nor does it create any separate rights in parties to this Agreement other than
the right to be indemnified for Claims as provided herein;
c. Upon the assignment or conveyance of a party's entire interest in the
Property, that party shall be released from its indemnification in Sectionl1.b. above, for
all actions or occurrences happening after such assignment or conveyance.
12. ENVIRONMENTAL INDEMNITY.
The provisions of Section 11 above, except for Section 11.a., shall not apply to any
environmental matters, which shall be governed exclusively by the following, subject to the
limitations of Section 11.a. above:
a. "Environmental Claims" shall mean all Claims asserted by governmental
bodies or other third parties for pollution or environmental damage of any kind, arising
from operations on or ownership of the Property or ownership of the oil and gas
leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines
and penalties associated therewith, including but not limited to any Claims arising from
Environmental Laws or relating to asbestos or to naturally occurring radioactive material.
Environmental Claims shall not include the costs of any remediation undertaken
voluntarily by any party, unless such remediation is performed under the imminent threat
of a Claim by a governmental body or other third party;
b. "Environmental Laws" shall mean any laws, regulations, rules,
ordinances, or order of any governmental authority(ies), which relate to or otherwise
impose liability, obligation, or standards with respect to pollution or the protection of the
environment, including but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean
Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§
1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the
Clean Air Act,and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629); and
c. Environmental Indemnification. ICMG shall protect, indemnify, and hold
harmless Surface Owner,homeowners association and any lot owner who purchases a lot
from Surface Owner from any Environmental Claims relating to the Property or oil and
gas leasehold thereunder that arise out of KMG's ownership and operation of the Oil and
Gas Operations Areas and it's ownership and operation of its pipeline easement or rights-
of-way on the Property. Surface Owner shall fully protect, defend, indemnify and hold
harmless KMG from any and all Environmental Claims relating to the Property that arise
out of Surface Owner's development of the Property.
13. EXCLUSION FROM INDEMNITIES.
The indemnities of the parties herein shall not cover or include any amounts which the
indemnified party is actually reimbursed by any third party. The indemnities in this Agreement
shall not relieve any party from any obligations to third parties.
14. NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which the other party would be liable under the
provisions of Section 11 or 12 above, it is a condition precedent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim(if it is a written Claim). The indemnified party shall make a good
faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect
such notice in all events within such time as will allow the indemnifying party to defend against
such Claim.
15. REPRESENTATIONS.
Each party represents that it has the full right and authority to enter into this Agreement.
KMG does not represent that it has rights to settle matters for all of the mineral owners or any
other lessees in the Property and this Agreement shall only apply to and bind the KMG leasehold
interest in the property.
16. SUCCESSORS.
The terms, covenants, and conditions hereof shall be binding upon and shall inure to the
benefit of the parties and their respective heirs,devises, executors, administrators, successors and
assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees
under the oil and gas leases which KMG owns.
17. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until ICMG's leasehold estate expires or is terminated, and KMG has plugged
and abandoned all wells owned all or in part by KMG and complied with the requirements of all
applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all
other applicable provisions of the leases and existing laws and regulations.
18. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following:
If to KMG or HSG:
Ken McGee Rocky Mountain Corporation
1999 Broadway, Suite 3700
Denver, Colorado 80202
Attention: Director of Land Denver Basin
If to Surface Owner:
Longs Peak Investors, LLC
7120 E. Orchard Road, Suite 450
Englewood, CO 80111
Attention: Jerry Eckelberger, Member/Manager
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
19. RECORDING.
This Agreement, any amendment hereto shall be recorded by ICMG, which shall provide
the other parties with a copy showing the recording information as soon as practicable thereafter.
20. SURFACE DAMAGES.
Surface Owner hereby waives all surface damage payments pursuant to any COGCC or
local regulation, state statute, common law or prior agreement, for each and every well that is
drilled on the Property within the Oil and Gas Operations Areas and for any access road,
flowline, or pipeline constructed within the Easement. KMG may provide a copy of this
Agreement to the COGCC as evidence of this waiver.
21. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by arbitration conducted in Denver,Colorado and shall be administered
by the American Arbitration Association under its commercial rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
22. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado,without reference to its conflict of laws provisions.
23. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding the
matters addressed herein, and supersedes any previous communications, representations or
agreement, whether oral or written. This Agreement shall not be amended, except by written
document signed by all parties.
25. EXECUTION AND BINDING EFFECT
This Agreement may be executed in any number of counterparts each of which shall be
deemed an original instrument but all of which together shall constitute one and the same
instrument, and shall be binding upon and inure to the benefit of the parties, and each of their
respective heirs, executors, administrators, successors and assigns and is executed by the parties
as of the Effective Date set forth above.
The parties have executed this Agreement on the day and year first above written.
KERR-McGEE ROCKY MOUNTAIN CORPORATION
By:
JAMES P.WASON
Attorney-in-fact
SURFACE OWNERS:
LONGS PEAK INVESTORS,LLC
By:
Jerry Eckelberger
ACKNOWLEDGMENTS
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this_ day of December,
2005, by James P. Wason, as Attorney-in-Fact of Ken McGee Rocky Mountain Corporation, on
behalf of such corporation.
Witness my hand and official seal.
Notary Public
My Commission Expires:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of December,
2005,by Jerry Eckelberger,as Member/Manager of Longs Peak Investors,LLC.
Witness my hand and official seal.
Notary Public
My Commission Expires:
Exhibit A
Lot B of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,Film 1383,Reception No.
02052248,Weld County Records,being more particularly described as follows:
That tract of land located in the Northwest one-quarter of Section 27,Township 3 North,Range 68 West of the 6th
P.M.,Weld County,Colorado being more particularly described as follows:
Considering the West line of the Northwest one-quarter as assumed to bear North 00°03'44"West and with all
bearings contained herein relative thereto:
Beginning at the West one-quarter corner of said Section 27;thence North 00°03'44"West 2651.99 feet to the
Northeast corner of said Section 27;thence North 89°48'39"2637.30 feet to the North one-quarter corner of said
Section 27;thence along the East line of the Northwest one-quarter of said Section 27,South 00°42'51"West
1500.73 feet;thence along the Northwesterly boundary of that parcel of land described by deed recorded in Book
207 at Page 395 of Weld County Records,the following three(3)courses: South 51°37'52"West 507.62 feet;
South 52°39'03"West 394.00 feet thence South 39°24'03"West 765.00 feet to a point on the South line of the
Northwest one-quarter of said Section 27;thence South 89°24'03"West 1125.18 feet to the Southeast corner of
Lot A of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,Reception No.02052248,Weld
County Records;thence along the East,North and West line of said Lot A the following three(3)courses: North
00°03'44"West 233.34 feet; South 89°24'03"West 263.82 feet;South 00°03'44"East 233.34 feet to a point on
the South line of the Northwest one-quarter of said Section 27;thence South 89°24'03"West 30.00 feet to the
West one-quarter corner of said Section 27 and the True Point of Beginning,except any portion lying within
rights of way,
County of Weld,State of Colorado.
Legal description prepared by: Steven John Stencel,Colorado PLS 30462,for and on behalf of Intermill Land
Surveying,Inc., 1301 North Cleveland Avenue,Loveland,Colorado 80537,
(970)669-0516.
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General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering US and Kerr - McGee Rocky Mountain Corporation
Pipelines and Related Facilities
This list of design, construction and contractor requirements, including but not limited to the following, Is for the design and
installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not
Intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For
information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing
easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road
rights of ways only. Encroachments on fee property should be referred to the Land&ROW Department.Any reference to KMG
in the below requirements is meant to indude and apply to any Kerr McGee entity.
Design
• KMG shall be provided sufficient prior notice of planned activities involving excavation,blasting,or any type of construction
on KMG's ROW or near its facilities.This is to determine and resolve any location, grade or encroachment problems and
allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual
, work is to take place.
• The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings
showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set
of"as-built drawings'and submit to KMG,showing the facilities in the vicinity of KMG's ROW upon completion of the work.
• Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions
that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing.
• KMG shall approve the design of all permanent road crossings.
• Any repair to surface facilities following future pipeline maintenance or repair work by KMG on N's'prior rights'ROW will be
at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline
maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the
TN , expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by
KMG.
• The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without
KMG's written approval.
• Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG.
• Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG.
'• Irrigation equipment i.e.backfiow prevent devices,meters,valves,valve boxes,etc.shall not be located on KMG easement
without written approval by KMG.
• Foreign utility installations,IE,distribution gas,oil and gas gathering,water,electric,telephone,cable and sewer lines,etc.,
may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen Inches(18') of vertical
clearance is maintained between KMG pipeline(s) and the foreign utility.Any installation by a foreign utility with less than
18' of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than
12'whether written or not.Constant line elevations must be maintained across KMG's entire ROW width,gravity drain lines
are the only exception and must be approved In writing. Foreign line crossings below the KMG pipeline must be evaluated
by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign
line crossings above the KMG pipeline with less than 18"of clearance must be evaluated by KMG to ensure that additional
support is not necessary to prevent settling on top of the KMG natural gas pipeline.A KMG representative must be on site
during any crossing activities to verify clearance depths and to assure the Integrity and support of the KMG facility. All
installations of foreign crossings done by boring and or Jacking require the KMG facility to be exposed to verify clearances.
• Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG.A
minimum of 10.0 feet of horizontal separation must be maintained In parallel installations whether the foreign utility is
Page 1 of EXHIBIT
Pa
9 Revision 3/01/2004
D
nn
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation
Pipelines and Related Facilities
placed within the KMG easement or adjacent to the KMG easement.Any deviation from the 10.0'horizontal requirement
must be approved in writing by KMG and an'as built survey-provided to KMG after installation.
• The foreign utility should be advised that KMG maintaind cathodic protection-on its pipelines and facilities. The foreign
utility must coordinate their cathodic protection system witf RMG's.-Ktlhs-regoast of KMG,foreign utilities shall install (or
allow to be installed)cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection
interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference
testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated
with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing
shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service.
• The developer shall understand that KMG whether specifically required per federal law,or by company standard,will mark
the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and
test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be
installed on straight sections of pipeline to Insure,in the sole opinion of KMG,the safety of the public,contractor,KMG
personnel and KMG facilities.
• On all foreign utility crossings and/or encroachments,metallic foreign lines shall be coated with a suitable pipe coating for
a distance of at least 10 feet on either side of the crossing.
• AC Electrical lines must be installed in conduit and properly insulated.
• On all foreign pipelines,DOT approved pipeline markers shall be installed so as to Indicate the route of the foreign pipeline
across the KMG ROW.
• No power poles,light standards,etc.shall be installed in the KMG easement without written approval by KMG.
• KMG installs above ground appurtenances at various locations that are used in the operation of its facilities.Kerr McGee
will install protective enclosures at the above ground appurtenances to protect them from outside damage.The design and
placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion,and may
exceed any regulatory requirements.
Construction
• If KMG will be relocating KMG facilities for any entity,grading in the new KMG ROW shall be+1-6 inches before KMG will
mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48'nor more than
72". All cover that exceeds 72'or less than 48"will be approved In writing by KMG. Cover during all construction activities
will NEVER be less than 38' unless approved in writing and a KMG representative is on site during the time cover Is
reduced.
• The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final
elevation of KMG facilities. The entity requesting relocation Is solely responsible for the final depth of cover over the
relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of
the entity requesting relocation.
• Contractors shall be advised of KMG's requirements and be contractually obligated to comply.
• The continued Integrity of KMG's pipelines and the safety of all individuals In the area of proposed work near KMG's
facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to
provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on-site
representative will require discontinuation of any work that, in his or her opinion, endangers the operations or
safety of personnel,pipelines or facilities.
• The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the
lines. A KMG representative must be present.
Page 2 of 4 Revision 3/01/2004
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation
Pipelines and Related Facilities
• The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary
damage to the pipeline coating. A KMG representative shall do all line locating.
• Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of
the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any
Contractor schedule changes shall be provided to KMG Immediately.
• Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is
obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG.Haul
roads will be constructs at all crossings. The haul roads will be constructed using lightweight equipment. The existing
depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline
and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment
access.Steel plates may be used for load dissipation only if approved In writing by KMG.
• Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines.
When inclement weather exists,provisions must be made to compensate for soil displacement due to subsidence of tires.
• Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be
permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility.
At no time will cover be reduced to less than 38"without written approval by KMG and a KMG representative on site.
• A KMG representative shall be on-site to monitor any construction activities within twenty-five(25)feet of a KMG pipeline or
aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on
site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities.
• Ripping is only allowed when the position of the pipe is known and not within ten (10)feet of KMG facility. KMG personnel
must be present.
• Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on-site
representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected
material as approved by KMG's on-site representative and thoroughly compacted in 12"lifts to 95%of standard proctor dry
density minimum or as approved by KMG.'s on-site representative. This is to adequately protect against stresses that may
be caused by the settling of the pipeline.
• No blasting shell be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including
complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting.
KMG shall be indemnified and held harmless from any loss,cost of liability for personal injuries received,death caused or
property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of
its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as
a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting
Indemnification Agreement before authorized permission to blast can be given.
No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of
one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review
and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting
and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting.
KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be
given. A pre-blast meeting shall be conducted by the organization responsible for blasting.
• Any contact with any KMG facility,pipeline,valve set,etc.shall be reported immediately to KMG. If repairs to the pipe are
necessary,they will be made and inspected before the section is re-coated and the line is back-filled.
Page 3 of 4 Revision 3/01/2004
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation
Pipelines and Related Facilities
• KMG personnel shall install all test leads on KMG facilities.
Local Kerr-McGee Gathering LLC Representation:
Manager of Construction&Facilities Engineering: Kevin R.OsIf,P.E. Phone: 303 855-4307
Facilities Engineer. Joseph E.Sanchez,P.E. Phone: 303 655-4319
Foreman 1: James Phillips Phone: 303 655-4343
Foreman 1: Rick Noffsinger Phone: 303-655.4326
Emergency Contacts:
On call supervisor Phone: 303559-4001
Kerr McGee 24 hour emergency number Phone: 303-659-5922
One Call Emergency Phone: 800-922-1987
Page 4 of 4 Revision 3/01/2004
7120 E. Orchard Road,Suite 450
�A Englewood,CO 80111
��► (303)796-7555
^r. O N G S PEAK INVESTORS , LLC fax(303) 796-7333
eckelberger@gwest.net
April 8, 2005
Mr. Peter Schie, P.E.
Weld County
Public Works Department
P.O. Box 758
Greeley, CO 80632
Re: Kiteley Ranch at Foster Lake
Dear Peter:
This letter is a follow up to Josh Rowland's conversation with you today regarding a 65
foot wide easement for the benefit of Weld County running along the northerly 65 feet of the
Kiteley parcel. This easement is south of State Highway 66 and also south of the Highland
Ditch. It appears that it will never serve any useful purpose for the County, but it is land that
would enhance our project. For those reasons, we are hopeful the County will agree to a
termination of the Easement.
In 1986, Ernie Kiteley pursued an exemption with the County so that he could break off a
1 acre lot in the southwest corner of his property for his daughter. That Exemption Number
1207-27-2-RE843 refers to the 65 foot right of way. The right of way easement was actually
granted by William Kiteley to the County in 1884. I have enclosed a copy of the recorded
Exemption and of the Easement.
We would like to get your opinion as to whether the County would tp agreeable to
terminating the Easement and if so,just how we should pursue this. After you've had a chance
to take a look at this, please give either Josh or me a call. Thank you.
Very truly s,
rry ECkelberg
JFE:jkb
cc: Mr. Mike Miro
Mr. Josh Rowland
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F 1383 MARY ANN FEUERSTEIN CLERK & RECORDER WELu CO, CO -
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LEGAL DESCRIPTION C-
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'1.1,,,,:(.1,'''...1\ That portion of the Northwest one-quarter of Sect on 27, Township 3 North, Range -,
68 West of the 6th Principal Meridian, Weld Count;r, Colorado, being more par-
ticularly described as follows: . [
k ': Beginning at the West one-quarter corner of said Section 27; thence North ' M
'+ + - 00°03'44" West 2651.99 feet to the Northwest corner of said Section 27; thence k-
' i' North 89'48'39" East 2637.30 feet to the North one-quarter corner of said �•?-
[ � t' t Section 27; thence along the East line of the Northwest one-quarter of said
Section 27, South 00°42'51" West 1500.73 feet; thence along the Northwesterly • t''
} ii, .; 7 r boundary of that parcel of land descrihed by deed recorded in Book 207 at Page
395 of Weld County Records, the following three (3) courses; South S1°37'53" I
r- West 507,62 feet; South 52°39'03" West 394.00 feet;; South 39°24'03" West 765,00 r '
rA• ;r r;• feet to a point on the South line of the Northwest one-quarter of said Section
3 F.1 " 27' thence South 89°24'03" West 1419.00 feet to the Point of Beginning 1 fi
containing 141.839 acres more or less,
��j
, SURVEYOR'S CERTIFICATE .;- !:--.0...', -,'f .rJa
} 4 y
I hereby certify that this plat was prepared under my supervision ^ 2., f
4. �' : r r
45 Ii
same is correct to the best of my knowledge and belief. " 1
lIffer r "
t 'ri r� '�
d - 'i J.. __4 �'(/' �l ice , wbl: i IlX
1
tw a° We, the undersigned, being the sole owners in fee of the above described pro-
perty
t
, do hereby subdivide the same as shown on the attached map.
l
{
Kiteley Farms, A General Partnership _ J r e. } �1
!
[ , t i + E.,......,"--924.,E.,......,"--924., () /e.„4. /11"-Ilk , n�1 +F
': ' ,: Ernest N. Kiteley, Partner - i 'f , • 7 ,ti
• . The foregoing certification was acknowledged before me this da9;; • s 1 Y 4'
v ,
y"r ` t of C2�q.esl A.D., 19 %V___ ~ I + .r
Elf . _-C wY Comm.,•+» fin•.,., '"%I„,„_____. .
_ y 4 My Commission or. Expire:: 1°a9 .
d l SeL Notary Public: _a 1.a+..It4 rr.stIN " ! 4 rw
`« witness my Kano ar, earn \\ a� -
n• b 4 J3l . y.,. , ?3Tr 'i5.:
B F '.`; ry i . Sg Cy;44 ..y.
4 ' t )'bi2xr 4 This plat is accepted and approved for filing.
i N{d fiT . ?gtt yA ___ {1'4`I :..' " !_ t Y.13 if rc%-.4 c) y
' ' hh.li llenartment oI • annTg .?ry Ces rector y,} r t 1 F'j, S •.
( .'Ei 'k c 54. x p yo- .t
1+' � A(( 3+ The foregoing certification was acknowledged before me this i — day of x r ` '. '}¢°
Ir 12 ilI's' . A.O., 19� .-_ •r 0'...."-7114:-in.;:- :, a.
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i�v a.,`F 4." Notary Public: __. oy\YS� 9.f1r� __ ^T''F �;,- y.+ sz"' .t'_
*' ^ ."�+ } Witness my ;land a -Seal \\ �."» ,y • '
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Weld County Planning Department
GREELEY OFFICE
SEP 2 7 2005
RECEIVED
September 20, 2005
Kim Ogle J R ENGINEERING
Planning Manager
Weld County— Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Kiteley Ranch at Foster Lake, Weld County, Colorado
Dear Mr. Ogle:
JR Engineering, acting as the town engineers for the Town of Mead, is in receipt of a
conceptual site plan provided to us by Michael Miro of S. A. Miro, Inc. for the above-
mentioned project. We have been requested to provide you with a letter of support of
their proposed access onto Weld County Road 7.
We have reviewed the site plan and find that the access points onto WCR 7 are in
compliance with our current status of this roadway (Major Collector). The Town of
Mead is in the process of developing a Transportation Plan with the assistance of
Felsburg Holt and Ullevig. The plan is not finished yet, and therefore we do not know if
they will recommend changing the current status of WCR 7 based on the current land
uses approved or planned for this area. Therefore we reserve the right to revisit design
standards if a different road classification for WCR 7 is made in our Transportation Plan.
As the County is aware, the Town of Mead has expressed concerns as to how and to what
extent WCR 7 south of State Highway 66 will be used due to amount of density being
planned within the area adjacent to the WCR 7. We would support Weld County efforts
to require developments pursuing a Weld County process to consider all possible means
of distributing traffic through other road networks to alleviate congestion at the
intersection of WCR 7 and State Highway 66.
If you should have any questions, please contact me at 970-491-9888. Thank you for this
opportunity to provide comments 2n this project.
Sincerely,
% / '
ke, PE, PLS
Director of Operations
Cc: Michael Friesen, Town Manager
2620 East Prospect Road,Suite 190,Fort Collins,CO 80525
970-491-9888•Fax:970-491-9984•www.jrengineering.com
Soo. 29. 2005 10:45AM SVVSSD1 CUSTODIAL IPLANNINGITRANSP No. 4381 P. 3
St. vy
School District
Kim Ogle
Weld County Dept.of Planning Services
1555 N. l7`s Ave.
Greeley,CO 80631
RE:Voluntary Capital Mitigation for Kiteley Farms Subdivision.
Dear Mr. Ogle,
Pending approval of the above application by the County of Weld,this will confirm that the St.Vrain Valley
School District has reached an agreement with Longs Peak Investors,LLC,evidenced by the signatures
below,in regard to the donation of mitigation funds to address the lack of school capacity for the Kiteley
Farms subdivision. Longs Peak Investors,LLC has voluntarily offered to mitigate the impacts on the capacity
of the Skyline High School Feeder schools with a$2,040.55 per unit payment on all 427 units. This
mitigation essentially solves the issue of exceeding the school benchmark by providing the funding necessary
to add classroom space or help construct new schools to accommodate the expected student yield from this
project. In reliance upon the expected receipt of these funds prior to or at the time of the recording of each
final plat for units within the subdivision,the School District will not recommend denial of the project at this
time. In addition to the payments noted above,The St.Vrain Valley School District also requires that the
cash-in-lieu of land dedication fee be paid prior to the recording of each final plat.Currently,that fee is$645
per single-family unit.
As indicated above,the mitigation payments shall be provided for all units in each final plat filing which
exceeds the capacity benchmark for the Kiteley Farms subdivision prior to the release of any building permits
for each corresponding filing Should Longs Peak Investors,LW not apply for individual final plat filings,
the School District will accept mitigation according to a prc-arranged phasing plan for the development. Such
a phasing plan would have to be provided to the School District prior to the submission of Kiteley Farms's
first Final Plat application that exceeds the capacity benchmark and shall detail the number of lots and
location of each phase.Any future changes or variations requested by the developer on the standard
mitigation calculation and payment schedule would need to be considered by the School District Staff and/or
the Board of Education. Any changes,determined to he acceptable by the District,would be communicated
to the County Commissioners and the staff in writing.
Thanks for your assistance in this matter. Any further questions can be directed to the contacts and phone
numbers below.
Sincerely,
Sctpool Di ri Developer:
Longs Peak Investors,LLC
Scet it ion,MCP By:
Director of Planning Jerrie Eckelberger
St.Vrain Valley School District
303-682-7229
Fax 303-682-7344
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY.LONGMONT.CO
80501.SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229.FAX 303682-7344.
Sen . 30. 2005 7 :32AM Eckelberaer & Jackson, LLC No.5770 P. II
r � �
St, v ram vy
School District
Kim Ogle
Weld County Dept.of Planning Services
1555 N. 17i°Ave.
Greeley,CO 80631
RE:Voluntary Capital Mitigation for Kiteley Farms Subdivision.
Dear Mr.Ogle,
Pending approval of the above application by the County of Weld,this will confirm that the St. Vrain Valley
School District has reached an agreement with Longs Peak Investors,LLC,evidenced by the signatures
below,in regard to the donation of mitigation funds to address the lack of school capacity for the Kiteley
Farms subdivision. Longs Peak Investors,LLC has voluntarily offered to mitigate the impacts on the capacity
of the Skyline High School Feeder schools with a$2,040.55 pa unit payment on all 427 units. This
mitigation essentially solves the issue of exceeding the school benchmark by providing the funding necessary
tb add classroom space or help construct new schools to accommodate the expected student yield from this
project. In reliance upon the expected receipt of these funds prior to or at the time of the recording of each
final plat for units within the subdivision,or pursuant to an approved phasing plan,the School District will
not recommend denial of the project at this time.In addition to the payments noted above,The St.Vrain
Valley School District also requires that the cash-in-lieu of land dedication fee be paid prior to the recording
of each final plat.Currently,that fee is$645 per single-family unit.
As indicated above,the mitigation payments shall,be provided for all units in each final plat filing which
. exceeds the capacity benchmark for the Kiteley Farms subdivision prior to the release of any building permits
for each corresponding filing. Should Longs Peak Investors,LLC not apply for individual final plat filings,
the School District will accept mitigation according to a pre-arranged phasing plan for the development. Such
a phasing plan would have to be provided to the School District prior to the submission of Kiteley Faims's
first Final Plat application that exceeds the capacity benchmark,and shall detail the number of lots and
location of each phase.Any future changes or variations requested by the developer on the standard
mitigation calculation and payment schedule would need to be considered by the School District Staff and/or
the Board of Education. Any changes,determined to be acceptable by the District,would be communicated
to the County Commissioners and the staff in writing.
Thanks for your assistance in this matter. Any further questions can be directed to the contacts and phone
numbers below.
Sincerely,
•
School District: Develop
Longs•Peak esto LLC
•
Scott Toillion,AICP Hy:
Director of Planning le Eckelberger -
St.Vrain Valley School District
303-682-7229
Fax 303-682-7344
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY,LONGMONT.CO
80501.SCOTT TOILLION.DIRECTOR.PHONE 303-882-7229.FAX 303.682.7344.
/ Weiland. Inc.
Environmental & Engineering
Environmental Support for;
April 21, 2005 • Transportation
PFCEIVED
Mr. Jerry Eckelberger t ry Ems_ • Land Development
Long Peak Investors, LLC • Mining
7120 E. Orchard, Ste 450
Englewood, CO 80111 • • Industry
Re: Biological Resources at Kiteley Farms
Dear Mr. Eckelberger:
This letter presents Weiland, Inc.'s report regarding wildlife resources and wetlands at
the Kiteley Farms site located in the NW `/4 of Section 27 T3N R68W. Weiland, Inc.
understands that Long Peak Investors plans to develop about 140 acres bordering on
Foster Reservoir and the Highland Ditch. This report details the results of studies
performed on the property to answer concerns expressed to Weld County Planning staff
by the Colorado Division of Wildlife (CDOW) and the Colorado Geological Survey
(CGS). The CDOW expressed concerns regarding raptors and threatened and endangered
species. The CGS expressed concerns regarding wetlands.
METHODS
Weiland, Inc.'s wildlife biologist and wetland biologist visited the site on March 30,
2005. The wildlife biologist drove the roads and walked along the edges of important
habitat types. During this reconnaissance he determined habitat types present and
evaluated the potential value of the habitat to various types of wildlife including
threatened and endangered species, raptors, and waterfowl. The wetland biologist
determined the location, types and extent of wetlands present on the site based primarily
on vegetative characteristics. He also surveyed the boundaries of wetlands present with a
hand held GPS (Trimble Geo Explorer).
STUDY AREA
Figure 1 shows the location of the study area. Most of the area is currently managed as
cropland(Figure 2). A farmhouse and accompanying outbuildings are present along the
west edge of the property. There is an oil well near the center of the site. The Highland
Ditch runs along the north edge of the site and turns south at the east edge of the site.
The ditch flows into Foster Reservoir, which borders the southeast corner of the project
site (Figure 2).
FINDINGS
Wildlife Resources
Wildlife habitat types present on or adjacent to the project site include cropland, riparian
areas, grassland, and marshland (Figure 2 map). Most of the site is currently managed as
525 t Avenue. Suite 211. Longmont. CO B0501
ph 303-532-0951 fax 303-532-0953
Mr. J. Eckelberger
April 21, 2005
Page 2 of 4
cropland (Figures 2 and 3). Riparian habitat is present on the banks of the Highland
Ditch (Figure 4), which is adjacent to the project site. There is also a stand of trees along
the edge of Foster Reservoir, east of the project area. Grassland is present east of the oil
well, in a strip about 25-ft wide along the south edge of the Highland Ditch, and between
the ditch and State Highway 66 (Figure 5). Marshland is present along the edge of Foster
Reservoir in the southeast corner of the site and extends up the southern portion of the
Highland Ditch (Figures 2 and 6).
Large trees along the Highland Ditch (Figure 3) and in the stand of trees along the edge
of Foster Reservoir, present potential raptor nesting habitat. The trees the edge of foster
reservoir contained a few small stick nests. However, these nests were smaller than
typical raptor nests. There were no stick nests in the trees along the ditch. Therefore,
Weiland, Inc. concludes that raptors are not nesting on or near the project site.
Foster Reservoir is used by various species of waterfowl on a year round basis. The
cattail marsh provides nesting habitat for several species of waterfowl including mallards
(Anas platyrhynchos) and songbirds including redwinged blackbirds (Agelaius
phoeniceus). Weiland, Inc. understands that depending on final design, it may be
necessary to fill some of the cattail marsh. To avoid disturbing active migratory bird
nests, this filling should take place after the nesting season(between early October and
late February).
Threatened and endangered species potentially occurring in the project area include bald
eagle (Haliaeetus leucocephalus), black-footed ferret (Mustela nigripes), Preble's
meadow jumping mouse(Zapus hudsonius preblei), Ute ladies'-tresses orchid
(Spiranthes diluvialis), and Colorado butterfly plant (Gaura neomexicana ssp.
coloradensis). Bald eagles prefer to nest in large trees overlooking large bodies of with
and adequate supply of fish, their preferred food source (Snow 1973). No bald eagle
nests were observed on or near the site. During the winter bald eagles are found
throughout lower elevations in Colorado, where they feed on fish, waterfowl, carrion and
small to medium sized mammals such as prairie dogs (Cynomys sp.) and jackrabbits
(Lepus sp.). Although, Foster Reservoir presents potential bald eagle food sources, the
project site itself presents poor bald eagle foraging opportunities.
Black-footed ferrets are found almost exclusively, in prairie dog towns where prairie
dogs constitute most of their prey and prairie dog burrows provide den sites (Fagerstone,
1987). No prairie dogs are present on the project site. Therefore, black-footed ferrets are
unlikely to occur on the site.
Preble's meadow jumping mice (PMJM) are found in dense herbaceous riparian habitat,
frequently with a shrub and/or tree overstory (USFWS, 2004). Row crops and cattail
stands are considered unsuitable for PMJM. The riparian habitat along the Highland
Ditch is suitable PMJM habitat. However, when PMJM have been found along ditches
they have usually been very close to a stream). Additionally, no PMJM have been found
along St. Vrain Creek east of Longmont (Plage, 2005). Therefore, Weiland, Inc. believes
the project area is isolated from known PMJM populations and PMJM are unlikely to
occur near the site. A separate letter making this argument and requesting clearance has
, en submitted to the U.S. Fish and Wildlife Service.
,/ Weiland. Inc.
Environmental& Engineering
Mr. J. Eckelberger
April 21, 2005
Page 3 of 4
Colorado butterfly plant and Ute ladies'-tresses orchid are both associated with alluvial
riparian habitats, which do not occur on the project area. Neither species is known to be
associated with ditches or marshes. Therefore, Weiland, Inc. believes it is unlikely either
species occurs in the project area.
Wetlands
Wetlands on the site include the cattail marsh, a small, adjacent stand of saltgrass
(Distichlis spicata), and portions of the riparian areas along the ditch dominated by reed
canarygrass (Phalaris arundinacea) (Figure 2). Weiland, Inc. believes these wetlands do
not fall under the jurisdiction of the U.S. Army Corps of Engineers because they are
isolated from waters of the U.S. The Corps confirmed this in a telephone conversation on
April 15, 2005.
Conclusions
Based on the information provided above Weiland, Inc. reaches the following
conclusions.
• Development at Kiteley Farms will not adversely affect nesting raptors because
there are no raptor nests in the vicinity of the project area.
• Filling a portion of the marsh would affect waterfowl and songbird nesting
habitat. To avoid taking migratory bird nests any filling of the marsh should
occur during the non-nesting season.
• Most threatened and endangered species are unlikely to be affected because
suitable habitat for bald eagle,black-footed ferret, Ute ladies'-tresses orchid, and
Colorado butterfly plant is not present.
• PMJM are unlikely to be affected because suitable habitat for PMJM along the
Highland Ditch will not be affected by project development, and because the area
is isolated from known PMJM populations.
• There will be no effects on jurisdictional wetlands because the wetlands on and
near the site are not jurisdictional.
References
Fagerstone, K.A. 1987. Black-footed ferret, long-tailed weasel, short-tailed weasel, and
least weasel. Pp.530-546. In: Novak, M., J.A. Baker, M.E. Obbard, and B. Malloch.
Wild Furbearer Management and Conservation in North America. Ontario Ministry
of Natural Resources. Toronto, Ontario, Canada.
Plage, P. 2005. Personal communication between P. Plage, U.S. Fish and Wildlife
Service, Lakewood, CO and P. Davis, Weiland, Inc., Longmont, CO. April 8, 2005.
Snow, C. 1973. Habitat management series for endangered species. Report No. 5.
Southern bald eagle Haliaeetus leucocephalus leucocephalus and northern bald eagle
Haliaeetus leucocephalus alascanus. Technical Note T-N-155. U.S. Bureau of
Land Management Denver Service Center. Denver, CO.
Wci
Environmental E Engineering
Mr. J. Eckelberger
April21, 2005
Page4of4
U.S. Fish and Wildlife Service. 2004. Preble's meadow jumping mouse (Zapus
hudsonius preblei) survey guidelines. Revised April 2004. U.S. Fish and Wildlife
Service, Lakewood, CO.
We have enjoyed working with you on this project. If you have any questions regarding
the findings reported here please call me at 303-532-0951.
Sincerely,
W ' Inc.
•
Peter R. Davis, Ph.D.
Certified Wildlife Biologist
•
Welland Inc.
Environmental& Engineering
I `� .k- Thomas
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land Ditch in background. Date of photo March 304,4
, 2005.
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Figure 4. View of Highland Dal 'le
itch looking north from north of Foster Reservoir.
,„—„, Note cattails in foreground and dense grass with shrub overstory in background.
Date of photo March 30, 2005.
Figure 5. View of grass looking west from near cattails. Note oil tanks in
background. Date of photo March 30, 2005.
Figure 6. View of cattail marsh near southeast corner of project area. Date
/'� of photo March 30, 2005.
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