HomeMy WebLinkAbout20040615.tiff 1yr
Todd Hodges Design, LLC
PUD Change of Zone Application
Non-Urban Development
(specific guide)
Prepared for:
Cattail Creek Group, LLC
C/O George DuBard
Prepared by:
Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, Colorado 80537
Submitted:
December I I , 2003 EXHIBIT
1269 North Cleveland Avenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign@earthlink.net
2004-0615
Todd Hodges Design, LLC
Table of Contents
1. Change of Zone Application Sheet
2. Authorization Form
3. Evidence of Corporate Signature Rights
4. Specific Development Guide
5. Weld County Road Access Information Form
6. Response to Staff Comments—COZ-613 and SCH-23
a. Division of Wildlife(3 letters) 6/6/02, 9/30/02, 6/16/03
b. Weld County Sheriff, 6/6/02
c. Eaton School District (2 letters)6/6/02 and 6/18/02
d. Eaton Fire Protection District, 11/21/01
7. Support Information
a. Letter from Bonanza Creek Oil Company(2 letters) 3/19/02, 7/3/03
b. Correspondence with the U.S. Army Corps of Engineers regarding the Seep Area
c. U.S. Department of the Interior, disqualification from Mouse and Plover habitats
d. Information regarding Coal Bank Creek from G. Brent Coati
e. NRCS Mixture Suggestions, dated 9/27/02
8. FEMA Map
9. Soils Map and Corresponding Narratives
10. Deed
11. Surrounding Property Owners Certificate
12. Mineral Owners Affidavit
13. Change of Zone Plat, reduced
14. Weld County Treasurer's statement indicating taxes are not delinquent
15. Preliminary Improvements Agreement
16. Preliminary Bid from Aggregate Industries for Internal Road
17. Traffic Impact Study and previous Correspondence with Weld County Department of
Public Works
18. Division of Water Resources Correspondence
19. North Weld County Water Service Agreement
20. Information regarding Irrigation Water
21. Proposed Covenants in Draft Format
22. Geo-Technical Report
23. Change of Zone Plat and Preliminary Landscape Plan(Attached)
24. Preliminary Drainage Investigation and Erosion Control Report(Attached)
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign(a`earthlink.net
12/05/03 08:05 FAX 9706637914 KINK0S 1002
PLANNED UNIT DEVELOPMENT(PUD)CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE :
RECEIPT I!AMOUNT f 4 CASE#ASSIGNED:_
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0805 09 000Q55
(12 did eater-found on TWA infalmolian,elasaable at the Weld Carly Asoeeaora Ofea,or vmecoweldkaat.
(moms a taw being Indeed In the app#wiian wee,u addend apace is reputed,ditch an Weikel steel)
Legal Description la C.RE-2637.et SW4 ,Seclbrt 09 _ Township�, North,Range 66 West
Properly Adder(KAPPA)
Existing Zone District_A Proposed Zone District PUD Total Acreage:fltl Proposed Mob 9
Average Lot Size: 4 acres Mitintxn Lot Size: 4 c;�res Proposed SubdNsfon Name: Cattail Creek PUD
Proposed Area(Acres)Open Space:Common Aden Some: 7.19 acres:Non-B(ildable area on each lot 18.02 apse,
Are you applying for Conceptual or Spedfic Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(I?Manna'space as insect,attach an addRiwnel shad
Name: Cattail Creek Grout/LLC do George Dullard
Work Phone I Horns Phone*L970)690-6963 Entail Address:
r Address: 304 Immigrant Trail
City/State/Zip Code Windsor.CO 80550
APPLICANT OR AUTHORIZED AGENT(Sea Below:Adtniaran must man n"appiowas argued by Astenged Agent)
Name: Todd Hodges Desinrt.LLF
Work Phone t. (970)613-8556 Home Telephone it N/A Email Address: Todd HodoesQ'owest.net
Address: 1289Nndh Cleveland Avenue
City/State/Zp: Lowland-CO 80537
UT UTES: Water North Weld County Water
Sewer klckMual Sett Disposal SMOM
Gas: Public Service/Excel Enemy
F_ledrie:Xc l
Phone: ()west
DISTRICTS: School:Eaton.RE-2
Fire: Eaton
Post: Greeley
I(We)hereby depose and date under penalke of pokey that el dSsnerts,proposals,ander plans submittedv ah or contained
netin the apps aeon me true and correct the bast of my(our$cnoeledge. Signatures orae/ee owntea of property must sign this
application. Net A&d homed Agent signs,a Mar al authoritarian ham ail fee owners must be included with the appfeeaon. It e
corporaton s the tee owner,notarized cadence mud be included baleaatg the stgnabty has the legal authority to sign for the
corporaton.I(we)) then hereby mguesthearingsbefore the WSdCounty Plowing Comniesonend the Board ofCounty
pi :owner: the proposed Change of Zone for the above described incorporated area of Well County,Colorado:
l2/s(o7
Agent Date Signature:Owner or Authorized Agent • Date
/'1
Cattail Creek Group,LLC
George DuBard, Managing Partner
304 Immigrant Trail
Windsor, Colorado 80550
To Whom It May Concern:
Please be advised that I, George DuBard, Managing Partner, Cattail Creek Group,LLC,
hereby authorize Todd Hodges Design, LLC, to represent me in my endeavor to
subdivide my land, located in the SW 'A 09-06-66 West of the 6th P.M., Weld County,
Colorado. The parcel is known as Lot C of RE-2637.
jifI /z /o3
George uBard Managing Partner date
RESOLUTION OF THE MEMBERS AND MANAGERS OF
CATTAIL CREEK GROUP LLC
A Colorado (USA)Limited Liability Company
This special meeting of the Mambas and Managers of Cattail Creek Group LLC ("the
Company')was held on May 2002 George P.DuBard,'member/msoager,acted as Chair of
the meeting.
The members/managers waived formal notice of the meeting. It came to the attention of
the members/managers that it was necessary to ratify a resolution authorizing George P.DuBard
of the Company,to act on behalf of the Company and to undertake all activities necessary on the
Company's behalf for the purchase and sale of the following n al property:
Lot C, Amended Recorded Exemption No. 0805-09-3-AmRE2637,
according to the Map recorded September 11 , 2000. at Reception
No. 2793115, being a part of Section 9, Township 6 North,
Range 66 West of the 6th P.M. , County of Weld, State of Colorado
Address; 14265 Weld County Road 70, Greeley, CO 80631
After full discussion and won motion duly made,seconded and nna>omously approved it was:
RESOLVED, that George P. DnBard is hereby authcdzed to take all actions necessary
for the Company's benefit for the purchase and sale of the abore-referenced teal property.
r
hm A.S r.,Member/Manager Nathan A.Mieike,Member/Manager
G�irdon It Sbepardson,Memb ger George .DuBard,Member/Manager
i
Cattail Creek Planned Unit Development
Specific Development Guide
Introduction
The Cattail Creek Planned Unit Development (PUD) proposes a non-urban residential
subdivision, as defined by Section 27-2-140 of the Weld County Code, located east of and
adjacent to Weld County Road 29, and north of and adjacent to WCR 70. According to maps
recognized by the Weld County Department of Planning Services, the site is located
equidistant from the Urban Growth Boundaries for the communities of Eaton, Greeley and
Severance.
This Development Guide is submitted with the Change of Zone application through the
Specific Development Guide option. We therefore request staff/administrative review of the
Final Plat.
The general concept of the development is to create a non-urban scale subdivision that
provides for single-family residential uses. An added goal is to maintain the agricultural
heritage of the area by retaining approximately 114-acres in agricultural operation. The
Cattail Creek PUD consists of eight single-family estate lots, approximately 7.19-acres of
common open space, approximately 18.02-acres of non-buildable open space associated
with Estate Lots 1 through 8, and approximately 114-acres of agricultural production land. Of
this 161.34-acre site, the agricultural portion of Lot 9 is under an existing pivot sprinkler. On
this agricultural site, Lot 9, a 5-acre building envelope will be provided. The layout and
design of the PUD respects the surrounding agricultural and residential land uses by
surrounding Lots 1-8 with a no-build area and by placing a buffer adjacent to a parcel with
existing residential uses. By doing so, the surrounding uses will be adequately buffered from
the eight lots. The proposed cluster configuration serves to buffer the estate lots from
adjacent properties, continued use of the agricultural lot, and allows for contiguous useable
and visual common open space for the residents of the PUD. The 4-acre Lots (Lots 1-8) are
consistent, compatible therefore harmonious with surrounding lot sizes.
Proposed land uses within the subdivision include single-family residential, agricultural, and
open space uses. The specific architectural styles of the principal and accessory residential
structures will be selected by the individual lot owners within standard limitations that will be
outlined in the Covenants. A draft copy of the Covenants is attached. The development of
the site will be compatible with the architectural style of the surrounding land-uses and with
the overall character of the area.
Agricultural activities have been occurring on the site. The Right to Farm statement, as it
appears in Chapter 22 of the Weld County Code will be placed on all recorded plats. By
doing so, future residents of the subdivision will be aware of long-standing agricultural
practices in the area.
1
Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on
the proposed site and surrounding land uses. A listing of potential impacts is cited in
Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE)
Section 27-6-40. Component One- environmental impacts
1. Noise and vibration
2. Smoke, dust and odors
3. Heat, light and glare
4. Visual/aesthetic impacts
5. Electrical interference
6. Water pollution
Development of this proposal should not result in any negative environmental impacts,
including the above listed environmental concerns. As the use of the site will continue in
residential, agricultural and open space uses, adverse impacts from noise and vibration,
smoke, odors, heat, glare, visual impacts, electrical interference and water pollution will not
occur on the site.
7. Wastewater disposal
All wastewater disposal within this development will be through the use of individual septic
systems. Replacement envelopes have been delineated on the plat. The proposed lot sizes
within the subdivision have been designed to meet the density requirements of the Weld
County Code and the Weld County Health Department, therefore no negative impacts are
foreseen on this site. An Engineering Geology Report has been submitted with this
application.
8. Wetland removal
This proposal does not remove wetlands. A letter from the U.S. Army Corps of Engineers is
attached to this application.
9. Erosion and sedimentation
10. Excavating, filling and grading
11. Drilling, ditching and dredging
Any on-site grading, drilling, ditching or dredging will be done sympathetically. Erosion will be
kept to a minimum. The common open space areas will be planted in native and/or drought
tolerant grasses and should not be disturbed with construction. A preliminary on-site
drainage plan has been submitted with this application.
2
12. Air pollution
13. Solid waste
14. Wildlife removal
15. Natural vegetation removal
This proposal will not result in negative impacts to the above listed concerns. The residential
uses should not create negative impacts to air pollution or contribute to solid waste concerns.
There will also be minimal removal of natural vegetation on the site. This proposal greatly
increases the amount of wildlife habitat on the site. The property owner has been in contact
with the Division of Wildlife concerning this project.
The applicant has contacted Larry Rogstad with the Colorado Division of Wildlife regarding
fencing the property on the east and north. The applicant and/or representatives will review
fencing alternatives with the Colorado Division of Wildlife.
The applicant obtained disqualification from the Preble's Meadow Jumping Mouse and the
Mountain Plover habitats from the U.S. Department of the Interior. This material is attached.
16. Radiation/radioactive material
To the applicant's knowledge, there are no radioactive materials located on this site.
17. Drinking water source
The drinking water source is through North Weld Water District. A water agreement with
North Weld Water District is included within this submittal. The applicant has been working
closely with the district in order to design and update the water lines and provide fire
suppressant in the area, therefore enhancing service to other neighboring home owners.
18. Traffic impacts
All eight estate lots will be served by an internal paved roadway which will limit the number of
access points onto Weld County Road 70. The internal roadway will be dedicated to the
County. The building envelope for Lot 9 is proposed to access from WCR 70 as noted on the
plat. Concerns raised in Sketch Plan comments were addressed at the original Change of
Zone stage. The applicant and the Department of Public Works determined a proportionate
share agreement for improvements to Weld County Road 70. The Traffic Study and
supporting correspondence is included in this application. Furthermore, the previous Change
of Zone proposed to have gravel internal roads. As a result of discussions with Weld County
Public Works, the applicant has agreed to pave the internal road. At the Final Plat application
stage, the applicant will submit an agreement for the proportionate share of improvements to
WCR 70.
The applicant is actively participating in agricultural activities on Lot 9. The Department of
Public Works has determined the existing access serving Lot 9 shall remain for the
continuance of agricultural activities occurring on Lot 9. As indicated in the response to the
Sheriffs Department during the original Change of Zone stage, a fifteen-foot strip of concrete
will be placed at the entrance of Lot 9 to the County Road. This will help alleviate agricultural
debris on Weld County Roads.
3
Section 27-6-50 Component Two—service provision impacts
'" 1. Schools
2. Law enforcement
3. Fire protection
4. Ambulance
Service providers for this PUD include the Eaton School District, Weld County law
enforcement, and the Eaton Fire Protection District.
Issues raised during the Sketch Plan review have been taken into consideration. In addition,
resolve from both the Eaton School District and the Eaton Fire Protection District were
addressed in the original Change of Zone application and submitted with the original
application. The School District is requesting an 80' x 15 pull-off within the eastern entrance
flare to the subdivision. The Sheriffs Department commented during the original Change of
Zone stage. In this review the Sheriffs Department indicated they would like a fifteen-foot
strip of concrete to be placed at the entrance of Lot 9 to the County Road. This will help
alleviate agricultural debris on Weld County Roads.
5. Transportation (including circulation and roadways)
6. Traffic impact analysis by registered professional engineer
The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26
of the Weld County Code. A cross section of the proposed roadway is included with this
application. The proposed vehicular circulation system is paved. The width, depth of the
roadway and the radius of the cul-de-sac will be designed to meet the Weld County Public
Works standards and regulations. All internal roadways are proposed to be dedicated to the
public. The primary access to the subdivision is from Weld County Road 70, a gravel road.
There are not any loading zones proposed as the use will be residential. Additionally, no off-
street parking areas have been depicted as the ample lot size will adequately accommodate
residential parking needs.
7. Storm drainage
Storm drainage will be handled on-site. A preliminary drainage report is attached.
8. Utility provisions
9. Water provisions
10. Sewage disposal provisions
The drinking water source is through North Weld Water District. Support documentation is
included in this application. All wastewater disposal within this development will be through
the use of individual septic systems. Each primary and secondary septic envelope has been
placed in a no-build area on each lot.
Utility providers will have the standard easement dimensions of 20 feet on the sides and rear
lot lines and a 15 foot perimeter easement. A statement in the Home Owners Association will
be made regarding the use, ownership, distribution and intent of the irrigation water
associated with the site. Documentation from the water engineer is included in application
materials regarding the amount of, and delivery of, the irrigation water.
4
Section 27-6-60 Component Three— landscapinq elements
r 1. Landscape plan
2. Treatment, buffering or screening and perimeter treatment
Any landscaping improvements on the site within the common open space areas will be
focused primarily on the buffer between the home to the west of Lots 6-8. An entry treatment
design and signage plan may be included with the Final Plat submittal. Individual
landscaping on each lot will be determined and maintained by the lot owner. Buffering
between the proposed lots and the Coal Bank Creek seep area is proposed by the no-build
area for Lots 1 -5. These items are delineated on the revised Change of Zone plat.
Section 27-6-80.6.7 of the Weld County Code notes all Planned Unit Developments
containing a residential component shall provide a fifteen percent common open space
allocation. The section further states the Department of Planning Services has the authority
to grant a departure from this standard as long as the intent of providing common open space
has been met.
A letter from the NRCS regarding seeding mixture options is included herein. The NRCS will
be consulted when final selection is made.
3. Maintenance schedule for landscaping elements
4. On-site improvements agreement
5. Evidence of adequate water
The maintenance for all landscape improvements in the common open space areas will be
conducted by the homeowners association. All plant material will be maintained in a healthy
state and any dead or dying plant material will be replaced at the earliest planting time
possible. All plant species selected will be drought tolerant and should require minimal water
usage. Landscape species will also be selected to adapt to the soil conditions of the site. A
non-potable system is being investigated to supply the necessary irrigation water to the open
space areas. A report prepared by Tetra Tech dated February 25, 2003 outlines the legal
right to water, water delivery and use to this property. This report is attached herein.
The specific design of the non-potable system will be enclosed in the Final Plat application.
Section 27-6-70 Component Four— site desiqn
1. Unique features
A small draw/seep area borders the northeastern property boundary. Development in the
vicinity of the draw/seep is not being proposed. The design of the development utilizes the
open space within the PUD as a buffer between the estate lots and these features. There are
no other unique natural features existing within the proposed PUD.
2. PUD rezoning consistent with Chapter 22 of Weld County Code
Goal 1 indicates, "Preserve Prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." The preservation of prime farmland is one
of the primary goals of this application.
5
Goal 3 "Discourage urban-scale residential, commercial and industrial development, which is
not located adjacent to existing incorporated municipalities." Chapter 23 of the Weld County
Code defined urban scale development as developments exceeding nine (9) lots and/or
located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban
growth corridors and boundaries. This application proposes eight estate lots and one
agricultural lot with a building site.
Section 22-2-190.B.1 PUD.Goal 2 states, "Encourage creative approaches to land
development which will result in an environment of distinct identity and character." By
preserving and enhancing such a large portion of the site, the applicant will indeed create a
residential environment of distinct identity and character.
Section 22-2-190.D.2.a PUD.Policy 4.1 states, "The design of a planned unit development
should ensure compatibility and harmony with existing and planned uses on adjacent
properties and within the planned unit development." The applicant has carefully considered
the uses on-site, adjacent properties and the existing agricultural use of the property. The
applicant has carefully reviewed the Board of County Commissioner's minutes and resolution
from the original Change of Zone and subsequent Substantial Change hearings and has
incorporated suggestions herein. The result is a development that is capable of existing
together in harmony. An added benefit of the large amount of common open space in this
particular application is the buffering achieved between residential sites and adjacent
agricultural land uses. An added benefit of the non-buildable areas on Lots 1 -8 is to achieve
greater separation from the home west of Lots 6-8.
3. Compatibility within PUD zone district
4. Compatibility with surrounding land uses
The existing design of the subdivision takes into consideration the existing uses of the
surrounding properties and therefore provides a large buffer between residential uses,
adjacent properties and the existing irrigation practices of the area. All recorded plats will
include the Weld County Right to Farm, found in Appendix 22-E of the County Code. The
applicant proposes to adhere to the Estate Zone District on Lots 1 — 8 and the Agricultural
District for Lot 9. The bulk requirements listed in the Weld County Code for both Districts will
be adhered to.
A Public Open House was held on April 29, 2003 prior to finalizing design considerations for
the Substantial Change application. An invitation was mailed to property owners within 500
feet of the site. Those present had positive discussion and changes were made as an
outcome of positive participation of those in attendance. The buffer between the property to
the west of Lots 6 — 8 was increased. Additional trees were added to this proposed buffer
area at the request of the neighboring property owner.
6
5. Overlay districts
A small portion of the northeastern property boundary is in the floodplain, as indicated on
FEMA FIRM Community Panel 080266 0475D. This area has been included in the no-build
designation for Lots 1 — 5. The site is located within three miles of the City of Greeley. The
subject site is not located within an Urban Growth Boundary for the surrounding communities
of Eaton, Greeley, or Severance.
Upon review of the Weld County Intergovernmental Agreement, geological hazard, and
airport influence maps, this proposal is not located within these overlay districts.
Section 27-6-80 Component Five- common open space usage
The common open space areas within this subdivision are designed and proposed to be
consistent with the requirements of Section 27-6-80 of the Weld County Code.
1. Permanent common open space restrictions
2. Establishment of homeowners organization
3. Mandatory membership in homeowners organization
4. Homeowners organization responsibilities
5. Homeowners organization powers
6. Ownership and maintenance of common open space
7. 15% common open space allocation
The intent of the proposed percentage of open space exceeds the 15% open space
requirement in Section 27-6-80.B.7 of the Weld County Code. There are no public parks,
schools or similar uses required or proposed to be dedicated with this development. The
common open space area will remain private and be maintained by the homeowners
association.
Section 27-6-80.6.7 of the Weld County Code notes all Planned Unit Developments
containing a residential component shall provide a fifteen percent common open space
allocation. The section further states the Department of Planning Services has the authority
to grant a departure from this standard as long as the intent of providing common open space
has been met.
As proposed in this revised plan, Catttail Creek PUD will provide passive and active open
space in the following manner:
• 7+/- acres of contiguous open space is proposed to be allocated in the following
manner:
o A proposed 75 foot wide buffer between the residence to the west of Lots
6 — 8 and the back lot lines of the proposed Lots 6-8 will be provided.
o An approximate three-acre open space area north of the proposed Lot 5
is designated on application materials. This area serves as a buffer
between Agricultural and Residential uses.
• Lots 1 — 8 will each have "no-build" areas to encompass the lower draw/seep
area, septic fields and replacement envelopes, and increase the buffer area
from adjacent properties. This "no-build" area for Lots 1 — 8 is 18.01 acres in
7
•p
•
size. This acreage is 56.28% of the total area covered by Lots 1 — 8.
Therefore, the applicant believes the intent of providing common open space
has been met.
• Lot 9 is a 114.5-acre agricultural lot under center pivot irrigation. This lot also
includes a five-acre building envelope in the southeastern corner of Lot 9. The
agricultural activities occurring on Lot 9 contribute to the visual open space
character of the area.
• The common open space and "no-build" areas described above coupled with
the 114.5 acre Lot 9 combine to 134.76 acres, or 82.52% of the entire site in
active and passive open space. This percentage far exceeds the 15%
requirement.
Section 27-6-90 Component Six— signage
All signage within this PUD will comply with the sign standards set forth in Section 27-6-90
and Division 6, Article II, Chapter 19 of the Weld County Code. A monument sign and
landscaping treatment may be designed for the subdivision entry and illustrated in the Final
Plat submittal.
Section 27-6-100 Component Seven— MUD impact
Not-applicable: This proposal is not located within the Mixed Use Development Boundary as
delineated by Weld County.
Section 27-6-110 Component Eight— intergovernmental agreement impacts
Not applicable: This proposal is not located within a standard Urban Growth Boundary or an
Intergovernmental Agreement Urban Growth Boundary area.
8
Cattail Creek PUD
Response to Staff Comments:
Sketch Plan, S-613 and Change of Zone, COZ-613
Sketch Plan Comments, Page 2, P. Goal 2
"Appropriate documentation shall be provided which indicated not only that taps are
available [North Weld County Water District], but assurances that these connections will
be made."
A letter from the Office of the State Engineer, Division of Water Resources dated July
17, 2002 is included in application materials. This letter states that "the proposed water
supply can be provided without causing material injury to existing water rights and the
supply is expected to be adequate." Furthermore, a Water Service Agreement between
the applicant and North Weld County Water is enclosed herein.
Sketch Plan Comments, Page3, P. Goal 2 and Page 4
Staff requested future applications address the Eaton Fire Protection District
requirements. A letter dated November 21, 2001 and amended February 13, 2002 from
the Eaton Fire Protection District is submitted herein.
Sketch Plan Comments, Page 3, P. Goal 2
The Department of Public Health and Environment requested the applicant to protect
septic fields and respective replacement envelopes. Septic Systems and respective
envelopes are designated on the Change of Zone plat. These areas are located in a
designated "No Build" area and shall be protected through the Covenants.
Sketch Plan Comments, Page 3, P. Goal 2
The Department of Planning Services requested the applicant to work with, and be
aware of, the School Districts concerns and cash-in-lieu of land dedication payments.
The applicant has been in discussion with the School District regarding the application,
bus shelter, and the payment of cash-in-lieu fees.
Sketch Plan Comments, Page 3, Section 27-6-50
Change of Zone Comments, Preliminary BCC Resolution, PL1628, Item 2.e
The Department of Planning Services and the Department of Public Works raised
issues regarding the proposed access point to Weld County Road 70. All eight estate
lots will be served by an internal paved roadway, resulting in a limitation to the number
of access points onto Weld County Road 70. The internal roadway will be dedicated to
the County upon completion and acceptance by the County. The building envelope for
Lot 9 is proposed to access from WCR 70 as noted on the plat. The applicant and the
Department of Public Works discussed a proportionate share for stabilization
improvements to Weld County Road 70. A letter is included herein from Drew
Scheltinga to Matt Delich dated September 13, 2002. The Traffic Study and supporting
correspondence is included in this application. Furthermore, the previous Change of
Zone proposed to have gravel internal roads. As a result of discussions with Weld
County Public Works, the applicant has agreed to pave the internal road. At the Final
1
Plat application stage, the applicant will submit an agreement for the proportionate
share of improvements to WCR 70.
Sketch Plan Comments, Page 4
As indicated in the response to the Sheriffs Department during the original Change of
Zone stage, a fifteen-foot strip of concrete will be placed at the entrance of Lot 9 to the
County Road. This will help alleviate agricultural debris on Weld County Roads.
Sketch Plan Comments, Page 5
Issues raised at the Sketch Plan, Change of Zone and Substantial Change process
regarded the legal right to the water, and the legal method of delivery of the water to this
site. A Report from Doug Seeley, Tetra Tech dated May 12, 2003 details the quantity of
water and the delivery of the water to the site. A detailed irrigation plan will be
submitted at the Final Plat stage.
The Division of Wildlife has been contacted regarding fencing alternatives for the
eastern property boundary. Future application shall detail this decision.
The open space and buffer components of this application meet the intent of the 15%
open space associated with Planned Unit Development applications. The buffer areas
were enhanced through discussions with the adjacent property owner west of the
proposed Lots 6 through 8.
Sketch Plan Comments, Page 6
In response to the Sketch Plan staff comments, an agreement with the Greeley #2 Ditch
Company was requested. This agreement as stipulated by staff comments needed to
communicate that the ditch activities have been adequately incorporated into the design
of the site. The ditch on the eastern property boundary is a lateral/drainage creek and
not the Greeley #2 Ditch. Therefore this condition is not applicable to this particular
application. Evidence from G. Brent Coan is attached with this application regarding
this matter.
A Preliminary Improvements Agreement is attached to this application.
Sketch Plan Comments, Page 7
Change of Zone Comments, Preliminary BCC Resolution, PL1628, Item 2.g
The Change of Zone plat illustrates the location of the Flood Plain associated with this
property. The Flood Plain has been placed in a "No Build" area on each lot.
Individual construction and site design on each lot will be based upon site-specific
characteristics. All soil characteristics shall be used to best manage development on
individual lots. The comments of the Colorado Geological Survey shall be considered
when construction occurs on site.
r^,
2
rainfTodd Hodges Design, LLC
June 6, 2002
Mr. Larry Rogstad
Colorado Division of Wildlife
1528 28th Avenue Court
Greeley, CO 80631
RE: Cattail Creek PUD, Eight one-acre single-family residential lots, one 124-acre agricultural
out-lot and 27 acres of additional open space. Located on Lot C, RE-2637, being part of the
SW4 Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado. Located North of and
adjacent to WCR 70 and approximately 1/8 mile west of and adjacent to WCR 29. Weld County
Planning Sketch Plan case number S-613.
Dear Mr. Rogstad:
Thank you for taking time out of your busy schedule last week to discuss the aforementioned
property with me. As discussed, the Division of Wildlife does not have concerns with the
development of this property as it is upland agricultural/pasture property. In addition, a setback
from the drainage canal is incorporated into the site design to protect the drainage course.
Our client understands the Division of Wildlife may have additional concerns with future
applications. However, at this time, no concerns have been expressed.
Sincerely,
COPY
Anne Best Johnson, AICP
Todd Hodges Design, LLC
Electronic copy: Todd A. Hodges
Copy: John Shepardson, P.O. Box 68,Windsor, CO 80550
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign@earthlink.net
STATE OF COLORADO
Bill Owens,Governor p� (p
DEPARTMENT OF NATURAL RESOURCES C. �T O
DIVISION OF WILDLIFE lir3 ► 1 j
AN EQUAL OPPORTUNITY EMPLOYER
Russell George.Director Of
6060 Broadway For Wikih!�-
Denver.Colorado 80216
Telephone:(303)297-1192 ForPro)i/e
Larry Rogstad,Acting Area Wildlife Manager 9/30/02
317 West Prospect Street
Fort Collins,Colorado 80526
Sherri Lockman, Planner
Weld County Planning Department
1555 N. 17th Avenue
Greeley Colorado 80631 Re: PZ613, Cattail Creek PUD
Dear Sherri,
I received the packet front you concerning Cattail Creek PUD. I made a site inspection and have
been on that parcel many times over the years to check dove and goose hunters. nN this letter you will
find the Division of Wildlife recommendations.
The site is an irrigated agriculture field planted yearly in a normal rotational pattern. A
channelized portion of Coal Bank Creek runs through the property, draining to the south. Because of the
nature of irrigated agriculture and the channeliration of the creek, the site is of relatively low value as
wildlife habitat. The main use is by wintering waterfowl that glean fields of waste crop.
The Division has been in consultation with a neighboring landowner intending to do modifications
to his property that would improve wildlife habitat and diversity. The plans call for improvements along
Coal Bank Creek and installation of tree, shrub and grass plantings. During our conversations, the
landowner has expressed concern over trespass by hunters onto his property.
The Division's recommendation on Cattail Creek PUD would include:
• Shrub and or tree plantings could be installed along the upland edge of Coal Hank Creek and along
the north property boundary to increase habitat diversity_
• The 100 year Iloodplain and an additional upland setback along Coal Bank Creek could be preserved
to maintain and improve habitat for amphibians, reptiles and small mammals.
• The property boundary could be marked to insure that the residents of the PUD do not mistakenly
enter adjacent lands without permission.
Thank you for the opportunity to review and comment on this proposal. Please call should you have
questions.
Sincerely yours,
2 EX1FI11
Larry Rogstad
DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director
WILDLIFE COMMISSION,Ride Enstrom.Chair•Robert Shoemaker,Vice-Char•Marianna Raftopoulos,Secretary
Members Bernard Bleck•Torn Burke•Jeffrey Crawford•Philo James•Brad Phelps •Olive Valdez
"E OF COLOF:GC
61i Owens,Governor GV�1 �i'O
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE 3 -
AN EQUAL OPPORTUNITY EMPLOYER
�r its9
Russell George, Director
�OF
6060 Broadway For Wildlife-
Denver, Colorado 80216 For People
Telephone:(303)297-1192
Larry Rogstad,District Wildlife Manager June 16, 2003
1528 28'�Avenue Court
Greeley,Colorado 80634
Sheri Lockman, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631 RE: SCH-23, Cattail Creek
Dear Sheri:
I received the above referenced referraL Enclosed you will find a copy of a letter previously sent by the
Division of Wildlife concerning this development proposal. The Division stands by its previous
comments on this proposal. Thank you for keeping us updated on this development.
^ Best Regards,
Larry Rogstad
cc Scott Hoover,Regional Manager
John Smeltzer, Public Services Administrator
ENC.
DEPARTMENT OF NATURAL RESOURCES,Greg E.Walther,Executive Director
WILDLIFE COMMISSION,Ridc Enstrom,Char•Phip James,Vice-Chair•OM Valdez,Secretary
Members.Bernard Bladc•Tom Burke•Jeffrey Crawford•Brad Phelps•Robert Shoemaker•Ken Tomas
Todd Hodges Design, LLC
June 6, 2002
Mr. Ken Poncelow
Weld County Sheriff
910 10`h Avenue
Greeley, CO 80634
RE: Cattail Creek PUD, Eight one-acre single-family residential lots, one 124-acre agricultural
out-lot and 27 acres of additional open space. Located on Lot C, RE-2637, being part of the
SW4 Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado. Located North of and
adjacent to WCR 70 and approximately 1/8 mile west of and adjacent to WCR 29. Weld County
Planning Sketch Plan case number S-613.
Dear Mr. Poncelow:
Thank you for taking time out of your busy schedule last week to discuss the aforementioned
property with me. As discussed, there are several issues to be incorporated in to the Change of
Zone application to Weld County.
The resolve of these issues is as follows:
1. The agricultural lot will have a address sign at the driveway off the county road .
2. The Eaton School District is providing the dimensions for the bus turn-off area to be
incorporated into the site design. This area will also serve as a common mail delivery
site.
3. The agricultural lot shall have a separate access onto the county road. To reduce the
amount of mud on tractor tires, a 15' deep strip of pavement will be placed at the
entrance to the property connecting to the county road.
Our client understands further issues may arise with future applications. Thank you for your
time.
Sincerely,
COPY
Anne Best Johnson, AICP
Todd Hodges Design, LLC
Electronic copy: Todd A. Hodges
Copy: John Shepardson, P.O. Box 68,Windsor, CO 80550
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign@earthlink.net
.z Todd Hodges Design, LLC
June 6, 2002
Mr. Timothy Unrien
Eaton School District, RE-2
Eaton, Colorado 80615
RE: Cattail Creek PUD, Eight one-acre single-family residential lots, one 124-acre agricultural
out-lot and 27 acres of additional open space. Located on Lot C, RE-2637, being part of the
SW4 Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado. Located North of and
adjacent to WCR 70 and approximately 1/8 mile west of and adjacent to WCR 29. Weld County
Planning Sketch Plan case number S-613.
Dear Mr. Unrien:
Thank you for taking time out of your busy schedule last week to discuss the aforementioned
property with me. As discussed, there are several issues to be incorporated in to the Change of
Zone application to Weld County.
The resolve of these issues is as follows:
1. A schematic placement of the school bus turn-off area will be incorporated on the
Change of Zone plat. Please forward the dimensions to me as soon as possible.
2. Our client will work with you regarding the cash-in-lieu sum of$9,387.00. We
understand the Eaton School District, RE-2 would like this sum prior to the Final Plat
being recorded.
Our client understands further issues may arise with future applications. Thank you for your
time. Please send the dimension of the bus turn-off area to me as soon as possible.
Sincerely,
COPY
Anne Best Johnson, AICP
Todd Hodges Design, LLC
Electronic copy: Todd A. Hodges
Copy: John Shepardson, P.O. Box 68,Windsor, CO 80550
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign@cearthlink.net
aPit-a•rifTodd Hodges Design, LLC
p
June 18, 2002
Mr. Phil Vannoy
Eaton School District, RE-2
Eaton, Colorado 80615
RE: Cattail Creek PUD, Eight one-acre single-family estate lots, one 124-acre agricultural out-
lot and 27 acres of additional open space. Located on Lot C, RE-2637, being part of the SW4
Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado. Located North of and adjacent
to WCR 70 and approximately 1/8 mile west of and adjacent to WCR 29. Weld County Planning
Sketch Plan case number S-613.
Dear Mr. Vannoy:
Thank you for taking time out of your busy schedule last week to discuss the aforementioned
property with me. As discussed, we will place a fifteen(15) foot by eighty(80) foot pull-off to
accommodate the bus at the east side of the entrance. The bus will also have the width of the
entrance to utilize for turning around in.
This application will be submitted to Weld County within the next two weeks. You will have an
additional opportunity to review this application at that time. Please do not hesitate to contact
me with further questions. I may be reached at 412-8640.
Sincerely,
Anne Best Johnson, AICP
Todd Hodges Design, LLC
Electronic copy: Todd A. Hodges
Copy: John Shepardson, P.O. Box 68,Windsor, CO 80550
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign@tearthlink.net
Feb 12 02 11:45a TODD HODGES DESIGN LLC 15618288059 p. 3
EATON FIRE PROTECTION DISTRICT
22ff 1r.STREET
EATON COLOTADO 80615
(970)454-2115
November 21,2001
Reference: Appacant Cattail Creek PUD
Case Number s-613
Review of Plan;
To meet the Districts' desire to provide adequate fire protection for single family homes
in a rural setting the applicant shall install two Fire Hydrants one at the intersection of
WCR 70 and the project access road.The second hydrant shall be installed at the SW
corner of proposed lot 6.The fire flow shall be 1000 gpm per minute at 20 psi.Hydrants
shall be Mueller Centurion,American Darling or Waterous Pacer.
Soo G prwt
Actual spotting and installation should be coordinated with North Weld County Water
District.
hnW "
1 /it.-- /2ece'oI d g y fPPGt Ci9-^-)
BarivA 7eitliri OY�- %1^—F .v
'Fire thief Eaton Fire Protection District Pa 1�/�% �Ol��'t f 5 �q.
CG„e COP-Th6 OranI-2`
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� JUL - 9 2003
ONANZ ' � IL 'Q P LLC REU E D
4900 California Avenue,Suite 350E
Bakersfield,CA 93309
P.O.Box 21974 Office:661-638-1730
Bakenfield,CA 93390 Fax.661-638-1733
Cell:661-333-9475
July 3,2003
Department of Planning Services
Weld County,Colorado
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: Case Number: SCR-23
Cattail Creek Group,LLC
Lot C of RE-2537;being part of SW/4 Section 9,T6N,R66W of the 6th P.M.,
Weld County,Colorado
Dear Sir/Madam,
Please find attached correspondence between Bonanza Creek Oil Company, LLC and Cattail Creek
Group,LLC regarding the above referenced Case Number.
Please feel free to contact me if you need additional information.
Sincerel
Patrick A. Graham
Vice President—Rocky Mountain Region
Enci:Correspondence to Cattail Crtek Group,LLC dated Much 19,2003
03/26/2003 09:54 6613229928 BONANZA CREEK OIL CO PAGE 02/03
BONANZA CREEK OIL COM€ANY, LLC
^ 3201 CPinnle Abenr
sr.•00•14,Cl >:13N Opt 001.)22-»ra
P.O 4211v4 fit 001-r2]drra
adm/kx CA W90 cdr not raMOM
March 19,2002
Mr.George DuBard Sent Via Fax
Cattail Creek Group LLC
304 Immigrant Trial
Windsor,Colorado 80550
Re: Cattail Creek Planned Unit Development
Located north of and adjacent to WCR 70 in the SW/4 S9,T6N-R66W
Weld County,Colorado
As shown on the map attached hereto as Exhibit"A"
Dear it DuBard,
After reviewing the proposed Cattail Creek NM),it appears as planned the development will not hinder
continued operations and maintenance of existing or future oil and gas wells. This observation of the
project is conditional on the following:
• Execution of a mutually agreeable Surface Use Agreement between the surface developer and
Bonanza Creek Oil Company,which among other items,recognizes Bonanza Creek Oil
Company's rights of ingress and egress to the existing wells and facility locations and Bonanza
Creek Oil Company's rights to develop additional well and facility locations per State of
Colorado regulations.
• All structures are located in accordance with State of Colorado regulations concerning setback
distances from existing and future well and facility locations.
We would appreciate any updates as your project progresses. This approval is conditional upon your
current development proposal. Should there be any changes to your proposal as presented that would
impede our current or future operations,Bonanza Creek Oil Company would refuse approval.
Sincere!
F.'
Patrick A.Graham
Vice President—Rocky Mountain Region
03/26/2003 09:54 6613229928 BONANZA CREEK OIL CO PAGE 03/03
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CORPS OF ENGINEERS,OMAHA DISTRICT
DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
LITTLETON,COLORADO 80128-6901
August 13,2003
Ms. Anne Best Johnson
Todd Hodges Design,LLC
1269 North Cleveland Avenue
Loveland,CO 80537
RE: Preliminary Jurisdictional Determination,Cattail Creek Planned Unit Development,
Wetlands along the Eastern Boundary of the Cattail Creek Proposed Subdivision
Corps File No.200380444
Dear Ms.Johnson:
I have reviewed this property located in the SW '/,of Section 9,T6N,R66W,Weld County,
Colorado. This review was in accordance with Section 404 of the Clean Water Act under which the U.S.
Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation
activities associated with a dredged and fill project, into waters of the United States. Waters of the United
States include ephemeral, intermittent and perennial streams,their surface connected wetlands and
adjacent wetlands and certain lakes,ponds, irrigation and drainage ditches that have a nexus to interstate
commerce.Under the authority of the Clean Water Act,a preliminary Jurisdictional Determination has
determined that the wetlands east of the propose development may be waters of the U.S.
If a proposed activity requires work such as excavation or the placement of dredged or fill
material within the above-described waters of the U.S., a proponent of the project should notify this
office for proper Department of the Army permits.This jurisdictional delineation is valid for a period of
five years from the date of this letter unless new information warrants revision of the determination
before the expiration date.
If you have any questions concerning this matter,please call me at(303)979-4120 and reference
Corps File No.200380444.
Sincerely,
Terry McKee
Natural Resource Specialist
tm
1V1)
p�G � 5 rl
i3
08/01/03 11:20 FAX 303 273 1371 US FISH a WILDLIFE Wuu2
United States Department of the Interior
FISH AND WILDLIFE SERVIC •
E
pcolr+pcaT Services
lorado
755 Parfet Street,Suite 361
Lakewood,Colorado 80215
N REPLY REFER TO:
ES/CO:T&E/PMDaliOdaer
Mail Stop 65412
At S 1 2003
Edith Sava Sava ravage
464 Wesstt vSl Sumac Court
Louisville,Colorado 80027-2227
Dear Mr.Savage:
This letterregards the proposed site plan review for the Cattail Creek P.U.D. in Weld County,
Colorado-
Upon
further review,the Service has rescinded the original recommendation,provided in a letter
dated May 27,2003,that a biological consultant conduct a habitat assessment at the site to
for the presence/absence of mountain plover, Clmrad►ius monsanus(plover),populations.
The over is a candidate for official hems as a duetted species,but does not have legal
Facia,-on wider the Endangered Species Act(ESA)at this me. Additionally,the lack of a
nexus for the eat does not necessitate farther Service consultation.
Therefore,the Service has decamped that a plover is not needed and the proposed project
is not subject to provisioonnssof the ESA at this time. Should additional information on the
reconsidered tined
nder thrpS proposed��become available,this domination may be
Please a that there is no change to the original decamination rmarding posed)]*impacts to
Pieble's meadow pompons mouse,Zapus huasardru reblei(Fables),o gPreble's habitat. The
Service continues to occlude that development of toe proposal project should not byre direct
adverse affects to Preble's.
If the Service can be of fluter assistance,please c ntact Barbara Spagnuoto of my staff at(303)
275-2370.
Sincerely,
Susan C.Lunar
Colorado Field Supervisor
cc: Spagnaolo
DEnwatrairamPa
Z'd 8089 S99 EOE a2aneS 4nTP3 die:ao CO TO 2nd
h ~i United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Colorado Field Office
755 Parfet Street, Suite 361
Lakewood,Colorado 80215
IN REPLY REFER TO:
ES/CO: T&E/PMJM/Other
Mail Stop 65412
MAY 2 7 2003
Edith
SavageSatt:vage
464 West Sumac Court
Louisville, Colorado 80027-2227
Dear Ms. Savage:
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
reviewed the Preble's meadow jumping mouse Zapus hudsonius preblei(Preble's),habitat
assessment report and request for site disqualification submitted with your letter of Apnl 22,
2003. This report regards the proposed site plan review for the Cattail Creek P.U.D site in
Weld County, Colorado.
Based on the information provided,the Service finds the report acceptable and agrees that a
population of Preble's is not likely to be present within the subject area. The Service concludes
that development of the proposed project should not have direct adverse affects to Preble's.
However the Service also is interested in the protection of species which are candidates for
official listing as threatened or endangered(Federal Register, Vol. 61,No. 40,February 28,
1996), including the mountain plover,Charadrius montamis(plover). While this species
presently has no legal protection under the ESA;it is proposed as threatened at this time with a
possible listing date in September,2003. It is within the spirit of this Act to consider project
impacts to potentially sensitive candidate species. If any candidate species will be unavoidably
impacted, appropriate mitigation should be proposed and discussed with this office.
At this time,due to habitat present at the site,current land uses,including agriculture, and site
location,the Service recommends that a biological consultant conduct a habitat assessment at the
site to survey for the potential presence/absence of plover populations. General Service
guidelines for plover surveys have been included for reference. Should plover populations exist at
the site, and the proposed project is not completed prior to listing, actions on the site that result in
significant modifications of plover habitat may be subject to provisions of the ESA.
If the Service can be of further assistance, please contact Barbara Spagnuolo of my staff at(303)
275-2370.
Sincered n
-
LeRoy W. son
Colorado F eld Supervisor
End: Mountain Plover Survey Guidelines
' • cc: Spagnuolo
Referent=aiswoiam.ii...pi
aid BOB9 S99 EOE
a9anaS 4iFP3 dEn:ar rn cn ,,....
Savage and Savage
practical solutions for environmental problems
r
464 West Sumac Court 303 666.7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile
April 22, 2003
Barbara Spagnuolo
U.S. Fish and Wildlife Service
Colorado Field Office
755 Parfet Street, Suite 361
Lakewood,Colorado 80215
Re: Request for Preble's Meadow Jumping Mouse Disqualification for the
Cattail Creek P.U.D. Site-Weld County,Colorado
Dear Ms. Spagnuolo:
Savage and Savage is submitting this request for a Preble's meadow jumping mouse (Zapus
hudsonius preblei) disqualification concurrence on behalf of Cattail Creek Group, LLC,
George DuBard, 304 Immigrant Trail, Windsor, Colorado 80550 for the proposed Cattail
Creek P.U.D. site in Weld County, Colorado. The project is proposed as a housing
development site, open space, and a portion of the project that is now in agriculture will
remain in agriculture.
The Cattail Creek P.U.D. site comprises approximately 161.34 acres contained within
Section 9 in Township 6 North, Range 66 West of the 6th prime meridian in Weld County,
Colorado. Section 9 is bounded on the north by Weld County Road 72, east by Weld County
Road 31, south by Weld County Road 70, and west by Weld County Road 29. A seep ditch
and drainageway fork together along the east boundary of the site. The seep ditch continues
to Weld County Road 70. Currently, the property has two ongoing land uses including
agriculture (winter wheat) and oil and gas production. Adjacent land uses include
homesteads, oil and gas production, and agriculture. The site is approximately 0.5 miles
south of and equally distant between Severance and Eaton, Colorado. The project site is
depicted on the attached general location map.
The steep banked seep ditch was flowing at the time of our investigation. Vegetation along
the margins of the seep ditch includes a coyote willow(Salix exigua) clump at Weld County
Road 70, and other scattered willows, milkweed (Asclepias speciosa), curly dock (Rumex
crispus), reed canarygrass (Phalaris arundinacea) (along the lower margins of the banks),
western wheatgrass(Agropyron smithil), and other weedy species. The drainageway is steep
sided and was flowing intermittently at the time of our site visit. Cattail (Typha latifolia)
clumps are found in the bottom of drainageway. Weedy species such as tumble mustard
(Sisymbrium altissimum), smartweed (Polygonum lapathifolium), and some wild licorice
(Glycyrrhiza lepidota)are found along the upper margins of the banks.
Barbara Spagnuolo
Cattail Creek P.U.D. Zapus hudsonius preblei Disqualification Request
Page 2
Based on a field investigation conducted by Savage and Savage on April 9, 2003 and current
U.S. Fish and Wildlife Service interim survey guidelines dated May 21, 1999,we believe the
Cattail Creek P.U.D. site is exempt from the necessity to conduct a Preble's meadow
jumping mouse trapping survey and has very low potential to harbor individuals or a
population of Zapus hudsonius preblei for the following reasons.
The entire project site, which is located west of a seep ditch and a drainageway as well as all
adjacent property east of the seep ditch and drainageway is entirely in agricultural production
(row crops).
Neither the project site nor any adjacent area falls within those areas designated by the U.S.
Fish and Wildlife Service as critical habitat for the mouse as defined in the Federal Register
Vol. 67,No. 137,July 17,2002, 50 CFR Part 17 proposed rule.
For the above reasons we request a concurrence for disqualification of the Cattail Creek
P.U.D. site for further consideration as Preble's habitat and exclude the site from the trapping
requirements. If you have any questions, or we can provide additional supporting
information regarding this concurrence request please contact us.
Sincerely,
i946As".,..0 64V C.
Edith Savage
Principal
c:, 'Anne Best Johnson, Todd Hodges Design, LLC
Attachments: Cattail Creek P.U.D. General Location Map
Figures 1-3
•
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•
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GREAT WESTERN Hnn•ich
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Cattail Creek P.U.D. General Location Map -
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Figure 1. View of Irrigation Ditch North From Weld County Road 70
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Figure 2. View of Irrigation Ditch and Adjacent Agricultural Fields
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Figure 3. View of Cattail Creek to North From Center of Project Site
r
OCSOTIS, CORN & STEWART, LLC
Attorneys And Counselors At Law
G.Brent Coan
gbcoan@ocslaw.com
October 1, 2002
Sheri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Case No. PZ613 Cattail Creek Group,LLC
Dear Ms. Lockman:
Our client, Cattail Creek Group,LLC asked me to address Condition of Approval IA identified
by the Weld County Planning Commission in its recommendation for approval of the above
referenced case to the Weld County Board of County Commissioners. I was given a copy of said
condition of approval and for clarification, said condition stated as follows: "If Coal Bank Creek
is associated with a ditch company, the applicant shall submit an agreement with the ditch
company stipulating that the ditch activities have been adequately incorporated into the design of
the site or show evidence that an adequate attempt has been made to mitigate the concerns of the
ditch owners."
In researching the status of Coal Bank Creek, I consulted the records of the Colorado Secretary
of State and determined there is not a legally formed entity with the name Coal Bank Creek, Coal
Bank Ditch Company or any other similar name. Additionally, I consulted with George Varra
from District III for the Colorado Division of Water Resources, Dale at the Cache La Poudre
Irrigation and Reservoir Company office, Harold Buxman for Neff Lake,Don Engle at the
Larimer/Weld Irrigation Company and Ray Johnson a local farmer. After consulting with the
above individuals, I have determined that Coal Bank Creek, identified in Condition of Approval
1 A, is actually known as the"Coal Bank Draw." The Coal Bank Draw is a natural draw that
carries irrigation wastewater as well as natural seepage water.
Both Ray Johnson and Harold Buxman use water from Coal Bank Draw after it passes the
Applicant's property. Both Harold Buxman and Ray Johnson told me that there are decreed
water rights for any water that makes its way though the draw but that there is not a ditch
company associated with said draw. Both Mr. Johnson and Mr. Buxman, indicated they have no
objection to the rezoning plat and the creation of eight residential lots along with 30-1+acres of
open space as proposed by the Applicant in the above referenced case so long as there is no
The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax:970-330-2969 Metro: 303-659-7576
Sheri Lockman
October 1, 2002
Page 2
planned or authorized activity that would cause disruption in the delivery of water or that would
modify the natural draw from its current condition. Neither Mr. Buxman nor Mr. Johnson
expressed any objection whatsoever to the plans of Cattail Creek Group, LLC.
I also spoke to the surveyors at Intennill Surveying, Inc. and determined that the entire area of
the draw(that appears to convey water like a ditch) is located completely off of the Cattail Creek
Group property. The only portion of the draw located on the Cattail Creek Group property is an
area of 100 year flood plain as identified on the Cattail Creek PUD rezoning plat. There does not
appear to be any impact whatsoever to the Coal Bank Draw from the Cattail Creek PUD.
With this information, I believe the Applicant has made diligent inquiry and has satisfied
Condition of Approval 1A.
Sincerely,
Gent C
Unh..d States Department at wwcmwre
ANRCS
Matra Rasmus;Conernbon Sank. 070-3568007,aide-OFFICE
Greeley Field Ma. 970.351-0392-FAX
4302 W 9'"Street Rd www.m.rr�.ueda-6uv
Greeley,CO 80634-1317 ' •
Gjml. 4&esco.uem.6ow
• FAX Cover Sheet
From: Jon Wicks Date: September 27, 2002
District Conservationist
• NRCS-Greeley Field Office
To: Cattail Creek Group do George DuBard
Fax: (970)674-1630
Pages (including this one): 3
COMMENTS:
Attached are the requested seeding recommendations for the acreage you were preparing
to seed to grass. I have developed 2 mixes for you to consider. The mixes include the
same species of native grasses, however, the"reclamation'mix may allow you to establish
a stand more quickly.
I commend your use of native grasses on this project. Although establishing a native
grass stand may initially require more maintenance In mowing or controlling weeds, the
reduced water/ferblizer/maintenance requirements of native grasses over the long run will
make it worth the wait. The native grasses will also add natural beauty and enhance the
wildlife characteristics of the area.
If you have any questions, or need further information,give me a call at(970)356-8097,x3.
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This mix Is based on Range Seeding(550)specifications for native grass seedings on loamy soils. Such a mix is much
like you would find on the typical Conservation Reserve Program(CRP)native grass seeding I Weld County. Native
taligrass spades(Indierhgrass,Snkchgass)have been used in place of some of the short-to raid grass species In the
mix to potentially add to the wildlife end aesthetic value of the grass stand.
Variety SPECIES ppe lx of PI. Rate Planned Re9u�
•100% Mixture Per Acre Acres Seeding
Winer Sidaoats Gramm 4.5 30- 1.4 30.0 42.0
•
Arriba Western Whsetgrass _ 8.0 20 1.6 30.0 48.0
Holt bndiangrass 5.0 • 20 1.0_ 30.0 30.0
Wedowee SwHohgrass 2.5 20 0.5 30.0 15.0
Hachita Blue Gram. 1.5 10 0.2 30.0 8.0
.0—. 100 4.8 1410
The following wildflowerflegume species could be added to the above seed mix to emance the aesthetic values and/or
Improve the wid'de habitat value of the seeding.
Variety SPECIES PLS Lbs/Ac.
Ladek Alfalfa 02 to 0S
Naive _ Prairie Coneflower . 0.2
Native Pwple Pralriedover 0.1
Native Yellow Sweet Clover 0.1
Note: There are numerous species of native wildflowers and legumes which can be added to the seed mix to enhance
the wildlife/aesthetic hetic values,and the above species are just a small sample of Mesa. Check with your seed dealer for
details on avalable species.
-
Compiled by Jon Wicks,District Conservationist
Natural Resources Conservation Service,Greeley,CO
•
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•
This mix is based on Critical Area Seeding(342)specifications for reclamation purposes,on loamy soils. The same
mix Is used as under the Range Seeding(550)recommendation,however,additions seed is provided in order to
achieve quicker overali establishment of the grass stand.
Vane PIS %of PLS Rate Planned Total PLS
h SPECIES LhalAcre Sixtus Per Ann Acres Required for
12 100% Seeding
finer Sideoats drams 9.0 30 2.7 30.0 81.0
Antba Windom Wheatgrass 18.0 20 3.2 30.0 98,0
Halt Indlahgr ass 10.0 20 2.0 30.0 60.0
Maclean Switchgrass 4.6 20 0.9 30.0 27.0
Wichita Slue Grams 8.0 10 0.3 30.0 9.0
100 9.1 273.0
•
The foilowing w ildiloWelegtxne species could be added to the above seed mix to enhance the aes0ie0c values and/or
imps the wildlife habitat value of the seeding:
Variety SPECIES PLS Lbs/Ac.
Ladak Alfalfa 0.2 to 0.5
Native Pr'*1e Coneflower 0.2
•
Native Purple PrairIeclover 0.1
Native Yellow Sweet Clover 0.1
Nob: There we numerous species of native wildflowers and legumes which can be added to the seed mix to enhance
the wildlife/aesthetic values,and the above species are Just a email sample of-these. Check with your seed dealer for
details on available species.
•
Compiled by Jon W icke,District Conservationist
Natural Resources Conservation Seivice,Greeley,CO
--- -- Todd Hodges DeSlgn, LLC
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PUD Sketch Man
2412 Den lip Ct. • Fort Collins. Colorado 80526 • (970) 207-0272 •fttx (561) 828-8059
email: toddhodgesdesignCearthlink.net
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Report Date: 12/04/2003 12:54PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8765900
'ASSESSED TO:
CATTAIL CREEK GROUP LLC
PO BOX 68
WINDSOR, CO 80550
LEGAL DESCRIPTION:
PT 9-6-66 LOT C AMD REC EXEMPT RE-2637 (1.45R)
PARCEL: 080509000055 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 2,320.44 46.41 0.00 2,366.85 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 12/04/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0226-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 536.71 AGRICULTUR 92,269 26,760
SCHOOL DIST RE2 46.678 1,249.10
NCW WATER 1.000 26.76 TOTAL 92,269 26,760
NWC WATER 0.000 0.00
EATON FIRE 9.000 240.84
AIMS JUNIOR COL 6.316 169.01
WELD LIBRARY 3.249 86.94
WEST GREELEY CONSERVATION 0.414 11.08
TAXES FOR 2002 86.713 2,320.44
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)353-3845 ext. 3290
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