HomeMy WebLinkAbout20041680.tiff Weld County Planning Department
CREELEY OFFICE
MAR 3 I 2004
_ it° \K
Weld County RefeE IVED
February 9, 2004
IIDc.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant UIV Land LLC Case Number PZ-1032
Please Reply By March 9, 2004 Planner Kim Ogle
Project Change of Zone from A (Agricultural) to PUD with Estate uses for nine (9)
residential lots, two (2) lots with Agricultural Zone Uses along with 19.2 acres of
Common Open Space (Stillwater Acres PUD).
Legal Amended Lot B of AmRE-3340; part NW4 Section 20 and part SW4 Section 17,
T5N, R67W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to CR 15; 1/2 mile north of CR 54.
Parcel Number 0957 20 200035
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) April 6, 2004
We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
3' We have reviewed the request and find no conflicts with our interests.
:] See attached letter.
Comments:
Signature 1.67.7 -6< ...Y cd .� znj Date .3/z9/Zeo/
Agency , !```T-f t,{ to ,ec-Grr-1--L ‘24-4--J-0-6-4-”-1
•:•1/Veld County Planning Dept. •:15555 N. 17th Ave. Greeley, CO. 30631 +(970)353-6100 ext.3540 :•(970)304-649; saw
2004-1680
Apr 18 04 11 : 09a Pickett#Engineering, # Inc. 970-356-8486 p. 1
Transmittal PICKETT ENGINEERING, INC.
808 8th Street
Greeley, Colorado 80631
Date APRIL 16, 2°04
No. of pages including cover sheet Z
Pickett Engineering Proj. No. 02_- 05 7
To: From:
KIM OGLE Cl-FICO GUiNT-ANA
WELD CocaNTY PLANMINEI
Phone# (970) 353-6100 ect..-3E40
Fax# C970) 304 - b4 98 Phone (970) 356-6362
cc. Fax (970) 356-6486
REMARKS:
❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
KIM ,
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MIA MI COVER SHEET
➢6)W
\ DEPARTMENT OF PLANNING SERVICES
1555 N. 171h AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
CE-mail
PHONEs(970)g3FAX 0(970) 304-6498
COLORADO
April 20, 2004
Nolan Ulmer
16529 County Road 70
Greeley, CO 80631
Subject: Stillwater Acres PUD
Conditions of Approval
Dear Nolan:
At the request of Pickett Engineering, the Department of Planning Services is providing you
with written comment on the status of the Change of Zone land use application for Stillwater
Acres PUD. This case is presently on administrative hold pending written comment from the US
Fish and Wildlife Service. This agency will be providing commentary on the Threatened and
Endangered Species Evaluation report and analysis prepared by Wildland Consultants of
Berthoud, Colorado, which was requested by the Colorado Division of Wildlife.
At the conclusion of the Planning Commissioner's hearing the chair asked if the applicant was
in agreement with the Conditions of Approval and Development Standards. Mr. Harrison of
Pickett Engineering stated yes, the applicant was in agreement. Part of the Conditions of
Approval include item 1, as follows:
1. Prior to scheduling the Board of County Commissioners hearing:
The applicant shall submitted written evidence to the Department of Planning Services
from the US Fish and Wildlife Service regarding the determination of the presence or
absence of all federally listed or endangered species, i.e., the Preble's meadow jumping
mouse, the Ute Ladies' -tresses orchid and the Colorado butterfly plant. Should it be
determined that a study should be undertaken, written evidence so stating shall be
submitted to this office. (Department of Planning Services)
This Change of Zone land use application will not proceed to the Board of County
Commissioners until all issues pertaining to the Threatened and Endangered Species have
been addressed to the satisfaction of all regulatory agencies.
Further, staff received a sketch of the proposed series of ponds and lot line adjustment for Lot 8
from Pickett Engineering on your behalf. Although staff determined that this modification does
mow
not constitute a substantial change, staff has directed Pickett Engineering to obtain a written
sign-off from several agencies, including the Colorado Division of Wildlife, the US Fish and
Wildlife Service, the State Engineers Office, the Weld County Department of Public Health and
Environment, Environmental Health Division and any ditch company from where this water may
originate prior to proceeding the Board of County Commissioners hearing.
As previously stated, the issues surrounding threatened and endangered species and the newly
identified issue of the creation of ponds shall be addressed to the complete satisfaction of all
referral agencies. This action shall occur prior to removing this application from administrative
hold and forwarding the Change of Zone application to the Clerk to the Boards office for
scheduling on the Commissioners docket.
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
Kim Qg
Plannin anager
pc: Chico Quintana
Pickett Engineering
808 8'h Street
Greeley,CO 80631
File: PZ-1032
0/N91:‘,1, Weld County Referral
Weld County Planning Department
2EE E'; OffICF February 9, 2004
G.
C. APR 2 2 2004
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant UIV Land LLC Case Number PZ-1032
Please Reply By March 9, 2004 Planner Kim Ogle
Project Change of Zone from A (Agricultural) to PUD with Estate uses for nine (9) •
residential lots, two (2) lots with Agricultural Zone Uses along with 19.2 acres of
Common Open Space (Stillwater Acres PUD).
Legal Amended Lot B of AmRE-3340: part NW4 Section 20 and part SW4 Section 17,
T5N, R67W of the 6th P.M., Weld County, Colorado.
•
Location East of and adjacent to CR 15; 1/2 mile north of CR 54.
Parcel Number 0957 20 200035
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
ive full consideration to your recommendation. Any response not received before or on this date may be
daemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) April 6, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
_] See attached letter.
Comments: 7 /Signature / Date O—O4
Agency 7//r� 5--CD
WNeld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 •:(970)353-6100 ext.3540 9(970)304-649; a 1
MEMORANDUM
To: Kim Ogle 4
From: David Tuttle
Date: April 20, 2004
Subject: PZ-1032
The sheriffs office recommends the following improvements for this housing sub-
division:
1. The sheriffs office requests that builders and developers designate an area by
the entrance of the sub-division in which to place a shelter for school children
awaiting the school bus. This area should also include a pull off for the school
bus which enables it to safely load and unload children out of the roadway in
the event the bus is unable to drive down the street due to road conditions.
2. Either a mail distribution within the sub-division or a central drop off location
within the sub-division should be developed so that residents do not have to
cross a county roadway to obtain their mail.
3. The name of the street within the sub-division should be presented to the
sheriffs office for approval. This will eliminate duplication of street names
within the county. .
4. A permanent sign should be placed at the entrances to the sub-division
detailing the name of the sub-division, and address. There should be a plan
developed to maintain this sign.
5. If the roadways within this sub-division are not maintained or adopted by the
county, individuals purchasing property in this sub-division should be notified
that the sheriffs office will have limited traffic enforcement powers.
6. A plan should be developed to maintain roadways within the sub-division
especially during inclement weather conditions for emergency vehicles.
7. The sheriffs office is very supportive of homeowner funded homeowners
associations. These associations provide a contact for the sheriffs office and
a means for maintaining common areas.
8. If there is an oil or gas well within this sub-division. This needs to be fenced
off in order to mitigate the potential for tampering. These facilities are known
to create an attractive nuisance for young people. Tampering not only creates
a significant danger to safety but also of environmental damage with extensive
mitigation and clean-up costs.
9. Any body of water that is on this property should be fenced off for the
protection of the residents.
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. I have no other comments on this proposal.
44\I%%P)
a y9 United States Department of the Interior
� . , . �,-� ,,, "c r• FISH AND WILDLIFE SERVICE
* at.9 Ecological Services
Colorado Field Office
755 Parfet Street, Suite 361
Lakewood, Colorado 80215
ty
Plannin epartment
IN REPLY REFER TO: weld Coun ICE
ES/CO: T&E/PMJM/Other G EEEY u
MS 65412 Lkwd attttt®nt
.,... _ d � u�ty P\annOFFOE
MAy 2004
ii
GREFIEY
Eric Berg MAV 11 2004R
E'
Wildland Consultants, Inc. E�
1001 Jefferson Drive ECE�
Berthoud, Colorado 80513 R G
Dear Mr. Berg:
We are responding to your letter of April 12, 2004 requesting clearance under the authority
conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973
(ESA), as amended (16 U.S.C. 1531 et seq.). The Service has reviewed the habitat assessment
report for the Stillwater Acres Development (Section 17, T5N, R67W), in Weld County,
Colorado. This project, as proposed, may disturb wetlands and other riparian habitats.
Based on the information provided, the Service has determined that development of the proposed
project should not have direct adverse affects to populations of the following federally-listed
threatened or endangered species: Preble's meadow jumping mouse,Zapus hudsonius preblei
(Preble's), and bald eagle,Haliaeetus leucocephalus. Should Preble's populations exist
downstream from the site, actions on the site that result in significant modifications of Preble's
habitat downstream (for example, through alteration of existing flow regimes, or sedimentation)
may be subject to provisions of the ESA.
Additionally, a Section 404 permit may be required by the U.S. Army Corps of Engineers under
the Clean Water Act (33 U.S.C.1344 et seq.) if the proposed construction may impact
jurisdictional wetlands or waters of the U.S. at the subject site.
Please note that this clearance is valid for one year from the date of this letter, and pertains
specifically to the Preble's and bald eagle habitat at the subject site (clearance for Ute ladies'-
tresses, Spiranthes diluvialis, and Colorado butterfly plant, Gaura neomexicana ssp. coloradensis,
will be provided separately). Should additional information on listed or proposed species become
available, this determination may be reconsidered under the ESA. If the proposed project has not
commenced within one year, please contact the Colorado Field Office to request an extension.
If we can be of further assistance, please contact Barbara Spagnuolo of my staff at (303) 275-2370.
Sincerely,
L• �- 2
Susan C. Linner
Colorado Field Supervisor
cc: U.S. Army Corps of Engineers, Littleton, CO office
FWS/CFO GJ: Ellen Mayo
FWS/CFO Lkwd: B. Spagnuolo
EXHIBIT
Reference:61S\Weld\Stillwater.wpd r
jc_4,4:_a_
o9 United States Department of the Interior
y �
""�`w FISH AND WILDLIFE SERVICE
- • c >o •
4ACH 3 NeiEcological Services
764 Horizon Drive, Building B
Grand Junction, Colorado 81506-3946
IN REPLY REFER TO:
E S/CO:F W S/ES/Spiranthes
MS 65412 GJ
May 17, 2004
Eric Berg
Wildland Consultants, Inc.
1001 Jefferson Drive
Berthoud, Colorado 80513
Dear Mr. Berg:
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service)by the
Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service has
reviewed the habitat assessment report for Spiranthes diluvialis (Ute ladies'-tresses orchid)
(orchid) and Gaura neomexicana spp. coloradensis(Colorado butterfly plant) submitted with
your letter of April 12, 2004. This report regards the proposed Stillwater Acres residential
development located in T. 5 N., R. 67 W., section 17, SW 14; and section 20,NW 1/4.
We appreciate that the building envelopes in this development are set back from the wetlands,
but the future management of the wetlands could impact the orchid and the butterfly plant if they
are present. We must require that a survey for S. diluvialis be conducted in all suitable habitat on
this project site during the blooming season in 2004. A concurrent survey for the Colorado
butterfly plant is also recommended.
We appreciate your submission of this request to our office for review and comment. If the
Service can be of further assistance, please contact Ellen Mayo at(970) 245-3920, extension 14,
or ellen_mayo@fws.gov.
Sincerely,
y kit
Allan R. Pfister
Western Colorado Supervisor
cc: COE, Littleton
EMayo:F WSESSIillwaterAcresResidentialSpiranthesSurveyLtr.doc:051704
VVidland Consultants,ndC Inc.
Environmental Permitting and Consulting-Ecological Studies-Threatened and Endangered Species -Wetlands
Weld County Planning Department
GREELEY OFFICE
Kris Ogle May 20, 2004 MAY Z 1 2004-
Weld County Planning Office pp p
1555 North 17th Avenue REC : Q-V CD
Greeley, CO 80631
Dear Kris,
Enclosed is a letter received from the U.S. Fish and Wildlife Service (USFWS) regarding
the Stillwater Acres Development. The letter is regarding the habitat assessment report
that was submitted for the Ute ladies' tresses orchid and Colorado butterfly plant.
Another letter from the USFWS was sent regarding the Preble's meadow jumping mouse,
I believe you already have a copy of that letter.
The USFWS agrees that building envelopes set outside of the wetlands will protect
potential habitat. However, they request that surveys of appropriate habitat (the outlot
wetlands) be surveyed for these species this summer. They are concerned that future
management of the open space/outlot could impact these species.
Based on conversations with Nolan Ulmer (developer and landowner) we are planning on
completing surveys for these plants this summer. Surveys for the Ute ladies' tresses
orchid can only be completed from July 20th to August 30 (blooming season). We are
planning on completing surveys for both plants species in July. We will complete a
summary report that will be submitted to the USFWS for approval. We will also send
you a copy of the report.
If either rare plant species is located on the site it should not impact development
approval because the development zone is located outside of potential habitat areas. If
the rare plant species are located we will consult with the USFWS to help determine
appropriate management for the open space areas.
Let me know if you have any questions.
Sincerely,
WiW�d Consultants, Inc.
Eric Berg
Project Manager, Wildlife Biologist
EMIT
Cc: N. Ulmer, UIB Land, LLC.
1001 Jefferson Drive, Berthoud, CO 80513 -(970)532-4354 (Office). (970)-532-3341 (Fax)
Jun 11 04 08: 35a PickettttEngineering, ltInc. 970-356-6486 p. 2
. ..... .. n ....Lora I4jOO
•
United States Department of the Interior
H-777. FISH AND WILDLIFE SERVICE
Ecological Services
764 Horizon Drive,Building B
Grand Junction, Colorado 81506-3446
IN REPLY REFER TO:
ES/CO:F W SIES/Spi ranthes
MS 65412 GJ
June 8,2004
Eric Berg
Wildland Consultants,Inc.
1001 Jefferson Drive
Berthoud, Colorado 80513
Dear Mr.Berg:
Based on the authority conferred to the U.S. Fish and Wildlife Service(Service)by the
Endangered Species Act of 1973(ESA),as amended(16 U.S.C. 1531 et seq.),the Service has
reviewed the habitat assessment report for Spirarrthes diluvfalls(Ute ladies'-tresses orchid)
(orchid) and Gaunt neomexicana spp. coloradensis(Colorado butterfly plant) submitted with
your letter of April 12,2004. This report regards the proposed Stillwater Acres residential
development located in T. 5 N., R. 67 W.,section 17,SW 'I/a;and section 20,NW ''/1.
We appreciate the developer's efforts to place the building envelopes in this development back
from.the wetlands. However,placing the homes in the areas adjacent to the wetlands may affect
the wetlands and associated habitat of the Ute ladies'-tresses orchid and Colorado butterfly plant.
Therefore,we must require that a survey for the orchid be conducted in all suitable habitat on
this project site during the blooming season in 2004. A concurrent survey for the Colorado
butterfly plant is also recommended.
The survey for both plant species should be conducted according to Spiranthes diluvialis survey
protocol which also includes the requirements for submitting a report on survey results to our
office. If the survey results are negative we will agree that the project is not likely to affect the
orchid or the butterfly plant. If the plants are found,the Service will work with the developer
and the county planners to create a management plan that will minimize the effects of
development on the wetland habitat for the listed plants.
The habitat assessment that was submitted for the project site states that construction activities
will not impact the wetland habitat. It should therefore be possible to conduct the plant surveys
while construction is proceeding.
'a.
61(1\(,;44' MEMORANDUM
WIWDcTO: Board of County Commissioners
COLORADO DATE: July 14, 2004
FROM: Kim Ogle, Planning Manager
SUBJECT: PZ-1032, do UIV Land LLC, - Nolan Ulmer
Change of Zone from A (Agricultural) to PUD with Estate
uses for nine (9) residential Lots, two (2) Lots with
Agricultural Zone Uses along with 13.6 acres of Common
Open Space (Stillwater Acres PUD)
Weld County Government requests a continuance of the Change of Zone hearing for PZ-1032
until July 28, 2004 to allow adequate time for sign posting of the pending land use application. In
this instance, adequate time is 15 days prior to any land use hearing.
This case was scheduled without adequate time for sign posting of the pending land use
application.
The applicant, Nolan Ulmer, and the applicant's representative, Pickett Engineering are aware of
this situation and have agreed to this request.
The Department of Planning Services requests support of this request.
OMIT
1 /(
MEMORANDUM
WIDc TO: Board of County Commissioners
COLORADO DATE: July 28, 2004
FROM: Kim Ogle, Planning Manager
SUBJECT: PZ-1032, do UIV Land LLC, - Nolan Ulmer
Change of Zone from A (Agricultural) to PUD with Estate
uses for nine (9) residential Lots, two (2) Lots with
Agricultural Zone Uses along with 13.6 acres of Common
Open Space (Stillwater Acres PUD)
The applicant, Nolan Ulmer, and the applicant's representative, Pickett Engineering are
requesting a continuance of this case until August 11, 2004 such that a full Board may be
present for this land use hearing.
The Department of Planning Services is in support of this request.
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST IFT DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR IN THE AGRICULTURAL ZONE DISTRICT.
N• Ac /Lc-re.��
Name of Person Posting Sign
Signature of eP"rson Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me thia day o , 2004.
WITNESS my hand and official seal.
{_LW , , )re/tc)
Notary Public
779)
1fj�
My Commission Expires: vim'
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