HomeMy WebLinkAbout20032466.tiff .� r , l►�r� - RannlrJ
Todd Hodges Design, LIE
Substantial Change Application
Non-Urban Development
(specific guide)
Prepared for:
Cattail Creek Group, LLC
C/0 George Dullard
304 Immigrant Trail
Windsor, Colorado 80550
Prepared by:
Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, Colorado 80537
Submitted: EXHIBIT
April 20, 2003
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign(a)earthlink.net
2003-2466
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540- Fax#(970) 304-6498
APPLICATION FOR SUBSTANTIAL CHANGE
Application Fee Receipt Number Case Number
Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
Legal Description: Lot C. RE-2637,pt. SW4 09-06-66 Total Acreage: 161.34+/- Zoning Agriculture
Parcel No: 0805 09 000055 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office).
Case number under which you are requesting the substantial change: PZ-613
FEE OWNERS OF PROPERTY
NAME Cattail Creek Group, LLC Go Georne DuBard PHONE(970)690-6963
ADDRESS 304 Immigrant Trail,Windsor, Colorado 80550
Applicant or Authorized Agent: Todd Hodges Design. LLC do Todd A. Hodges Phone#(970) 207-0272
Address: 2412 Denby Court City/State/Zip Code Fort Collins, CO 80526
I hereby state that all statements and plans submitted with the application are true and correct to the best of my
knowledge.
31/ 7/0f
Signature: er or Authorized Agent
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.
7(O.?
Georg DuBard, Managing Partner date
r^•
RESOLUTION OF THE MEMBERS AND MANAGERS OF
CATTAIL CREEK GROUP LLC
A Colorado (USA)Limited Liability Company
This special meetingn of the Members O02 an DuBanI, eanagers mber/m er acattail Greek tedd aup LsLCChaair of
Company')was held on May /3 , George
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 the
of the Company, to act on behalf of the Company and to undertake all activities necessary on
Company's behalf for the purchase and sale of the following real 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 upon motion duly made,seconded and unanimously approved it was:
RESOLVED, that George P. DuBard is hereby authorized to take all actions necessary
for the Company's benefit for the purchase and sale of the above-referenced real property.
� C /4C6Z 1 g7
ohn A. Sher r.,Member/Manager Nathan A.Mielke,Member/Manager
�`— in .
rdon R.Shepardson,Memb /Manager George .DuBard,Member/Manager
nr Todd Hodges Design, LLC
Individuals living on lots created through the Recorded Exemption process are not
affected by the maintenance and aesthetic guidelines typical of lots within a Subdivision.
This subdivision will be affected by such controls outlined in the Covenants and Home
Owners Association, to be presented to the County Attorney at the time of Final Plat.
These Covenants and the Home Owners Association will benefit the area and ensure an
aesthetically pleasing development and the elimination of on-site nuisance conditions.
The applicant is working with the Division of Wildlife to design a fence to allow for free
movement of wildlife and for security. The applicant will work with the Division of
Wildlife on site to determine the most environmentally sensitive method of fencing prior
to submitting the Change of Zone application. The applicant has placed a conceptual
fenced yard on an attached map. It is important to realize this illustration is not a final
design, however, it is intended to be used for concept only. Each lot owner will have the
opportunity fence a portion of their property for children and domestic pet safety. Fence
material is defined in the Covenants. Excerpts from the Covenants are included in
application materials. The attached illustration is for concept purposes only and does not
stipulate the final location of building footprints, septic fields and replacement fields or
the play yards.
Buffering and Screening
In the Board of County Commissioners' Resolution, it is noted the"uses and buildings or
structures within the Planned Unit Development will not be adequately buffered and
screened to make their appearance and operation harmonious with the surrounding uses".
In addition, the Board of County Commissioners noted "there was not an adequate buffer
zone or buffer area, also referred to as a transition zone between the proposed site and
surrounding uses."
Please refer to the section in this letter titled, "Common Open Space Designation" for
explanation of how adjacent properties will be screened from this property, and vice
versa. The revised internal road alignment, increased lot sizes, placement of a plant
material screen, and proposed fence construction mitigates concerns raised at the Change
of Zone Board of County Commissioner's hearing in 2002.
Incompatible Surrounding Land Uses
The Board of County Commissioners noted, "the density, design, and location of land
uses within the Planned Unit Development are not compatible with surrounding uses."
More specifically, the Board of County Commissioners referred to the Coal Bank
Creek/Draw/Drainage area and the buffering of the previous Lots 1 — 8 from the property
located to the immediate west. Catttail Creek PUD proposes to be harmonious with
adjacent properties and the draw area in the following manner:
• A seventy-five foot wide buffer between the residence to the west and the back lot
line of the proposed Lots 6-8. This buffer will be planted with a combination of
deciduous and evergreen trees and shrubs. The sizes of these proposed trees was
discussed previously. The irrigation of this area is discussed in a section to
follow.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(a)gwest.net
Todd Hodges Design, LLC
• A seventy-five foot wide buffer between the residence to the west of Lots 6 — 8
and Lot 9.
• Lots 1 through five have been extended east to the property line, incorporating
flood plain area. The dimension of the flood plain area is approximately 50 to 75
feet wide and runs along the eastern property boundary. This area is specified and
enhanced with a 200 foot setback from the seep/draw area. Future building
activity within this area is prohibited and specified as so on all recorded plats and
in the Covenants. Access to this area is limited to owners of Lots 1 through 5
based on private ownership.
• The Board of County Commissioners further noted, "the proposed use could
attract persons to the steep slopes and riparian areas of Coalbank Creek which
could alter the integrity and character of the area." The applicant's representative
has been in contact with Mr. Larry Rogstad with the Colorado Division of
Wildlife to discuss the viability of fencing for safety and wildlife movement.
Future applications will address how these two important factors will be handled.
In addition, the Home Owner's Association and restrictive covenants will address
"No-Trespassing" areas.
Access and Internal Road Design
The access to the internal road has been moved east by approximately 400 feet. Access
will still occur from Weld County Road 70. The length of the internal road has been
reduced from approximately 1,400 feet to 1,000 feet in length.
r
B. Within the concept of rehearing the previously denied application.
1. Is there newly discovered evidence that the applicant could not have
discovered with diligent effort at the time of the original application?
Domestic and Irrigation Water
The Resolution also states, "the development, as designed, would not be compatible with
the existing or future development of the surrounding area as permitted by the existing
Zone District and with future development as projected by the Comprehensive Plan or
master plans of affected municipalities." The Board of County Commissioners moved to
deny the request for the Change of Zone in part due an appeared incompatibility and lack
of water as an outcome of public testimony.
Public testimony at the Change of Zone hearing indicated North Weld County Water
does not have the capacity or interest in serving this development. North Weld County
Water District has the capacity and interest in serving this development. Evidence to
support this statement has been included with the application packet.
Public testimony at the Change of Zone hearing indicated illegal water diversion
activities were occurring on the site. Attached is a report prepared by Mr. Doug Seely
from Rocky Mountain Consultants/Tetra Tech. This report indicates the legal right to
water associated with this property.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(;ywest.net
Todd Hodges Design, LLC
Irrigation water for each residential lot and the open space areas will be delivered through
an easement on open space between Lots 5 and 6 for the benefit of Lots 1 through 5.
Irrigation water for the open space areas as well as Lots 6 through 8 will be through the
existing ditch.
Irrigation water for the building envelope of Lot 9 will be delivered by the existing
southern line.
Closing Remarks
In closing, the Cattail Creek Group, LLC has met and exceeded requirements outlined in
the County Code to justify a Substantial Change hearing. The Cattail Creek Group, LLC
would respectfully request that upon determination of Substantial Change, the re-
application process begin at the Change of Zone phase rather than repeating the Sketch
Plan phase. Information beyond typical application materials for the Substantial Change
hearing have been provided to expedite this process. These items include the Traffic
Impact Study and support materials, information from North Weld County Water
District and the State Division of Water Resources and support materials, and a new
GeoTechnical Report based upon the new design.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(tegwestnet
r miti6
PUBLIC WORKS DEPARTMENTH STREET
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 30632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000,EXT. 3750
FAX: (970)304-6497
•
WI 1 C.
COLORADO
September 13, 2002
Matthew J. Delich, P.E.
2272 Glen Haven Drive
Loveland, CO 80538
Re: PZ-613 Cattail Creek, WCR 70 Road Improvements Agreement
Dear Matt:
This is in response to your memorandum of August 28,2002, and to document our telephone conversation of
September 10, 2002.
I agree with your methodology in determining 27%to be the cost allocation for the Cattail Creek development.
r
Roadway stabilization consisting of additional aggregate base course treated with chemical additives is an
appropriate roadway improvement given the level of traffic anticipated at the build out of Cattail Creek. The
cost for material and placement for one mile is approximately$50,000.
Your cost share contemplated stabilizing 0.8 of a mile from the Cattail Creek access east to WCR 31. Because
we anticipate Cattail Creek will generate 40%of its trips west to WCR 29, and because the County would
stabilize the entire mile, the cost share should include the entire mile. Therefore,the cost share for the
development would be ($50,000 X 27%) $13,500. It is my understanding you agree.
This proposal meets the roadway improvements agreement requirement for the change of zone hearing. The
final agreement to be submitted to the Board of Weld County Commissioners for approval will be required with
the final plat application materials.
rSincerely
Drew Scheltinga P. E.
Engineering Division Manager
PC: John Shepherdson, Cattail Creek Group LLC
Todd Hodges/Ann Johnson,Todd Hodges Design
Sheri Lockman,Planning
File PZ-613
M:\W PFILES\DREW\Panning PZ-613 WCR70ageemenLwpd
'--... MEMORANDUM - Q.P. R�-.."9,,e .,
i° r0; 4\N J.O.:-ccp
CO co TO: John Shepherdson, Cattail Creek Group LLC S 22 I ,
`• n Todd Hodges, Todd Hodges Design . . f
Oo I. A
Drew Scheltinga, Weld County Public Works °
a o
CC co
0 o FROM: Matt Delich `S/OiVAtt`_
U a
• X DATE: May 17, 2002
a
O LL
SUBJECT: Cattail Creek Development - Traffic impact study
w (File: 0229ME01)
0
J
w (.
The Cattail Creek Development is a nine lot planned unit
> N development proposed in Section 9-6-66 in Weld County. Figure 1
o coo shows the location of the Cattail Creek Development. As indicated
z W on Figure 2, eight lots will access WCR70 from a cul-de-sac. A
> o
single lot, on a parcel that cannot readily be connected to the cul-
2 o de-sac will have a driveway access to WCR70. Weld County Road 70 and
z i,i Weld County Road 29 are gravel roads. Drew Scheltinga, Weld County
a C7 Public Works Department, has indicated that the traffic impact study
N Cl- for Cattail Creek Development should determine whether the future
N traffic will exceed the 200 vehicle per day (vpd) volume threshold.
CV A volume greater than 200 vph on a gravel road will require
mitigation to provide dust suppression. Typically, the mitigation
takes the form of paving the subject road. The determination of the
future traffic volume must consider current counts, site generated
traffic, and traffic generated from recorded exemptions in the area.
Recorded exemptions are land divisions that have been approved by
Weld County. These land divisions may be occupied by a dwelling unit
at some time in the future. No further approvals are required for
recorded exemptions, therefore, it must be assumed that a dwelling
unit can and will be constructed. In addition, concern was expressed
regarding the separate access to WCR70 from the single lot.
W Daily traffic counts were obtained on May 6 and 7, 2002, at the
locations shown on Figure 3. Raw traffic count data is provided in
C. z Appendix A.
= w The Cattail Creek Development will generate approximately 80
al
Vz daily trip ends from the cul-de-sac and 10 daily trip ends from the
z single lot. The trip distribution for the site generated traffic is
nz shown on Figure 4. The trip distribution is based upon the location
W O of employment attractions using information contained in the "North
O a Front Range Regional Transportation Plan," and in consideration of
the road system in the area. Figure 5 shows the assignment of the
• 0site generated traffic on the key unpaved public roads in the
z immediate area of the Cattail Creek Development.
a
5 �F- An additional component of future traffic on the key unpaved
W go public roads in the area is that which is attributed to the recorded
I a exemptions . Research at the Weld County Planning Department
I— a indicated that there was one recorded exemption in section 9-6-66 and
I— ¢ one recorded exemption in section 16-6-66. These are the recorded
'"Q H exemptions that would contribute traffic to the key unpaved roads in
G the area. Other recorded exemptions in the area are either built or
would have little impact on the key unpaved public roads in the area of the
Cattail Creek Development. Traffic from the recorded exemptions that are
built are reflected in the current traffic counts. Traffic from the
unbuilt recorded exemptions are shown in Figure 6.
These two components of the future traffic were added to the current
counts to get a future daily traffic forecast for the key unpaved roads in
the area of the Cattail Creek Development. This is shown on Figure 7. The
daily traffic volumes shown on Figure 7 indicate that no segments of the
key unpaved roads will exceed the 200 vpd threshold. Therefore, no dust
suppression treatment is necessary for WCR70 or WCR29.
As indicated on the site plan (Figure 2) , eight lots will access
WCR70 via a cul-de-sac and one lot will access WCR70 via a driveway. The
building envelope for the single lot is not near the cul-de-sac that serves
the eight lots that are clustered. From an operations perspective, the
cul-de-sac and the single lot driveway intersections with WCR70 will
operate acceptably.
It is concluded that no unpaved road segments in the area of the
Cattail Creek Development will exceed the 200 vpd mitigation threshold.
Connecting the single lot to the cul-de-sac does not appear to be feasible.
The separate driveway and cul-de-sac intersections with WCR70 will operate
acceptably.
N
EATON
GREAT WESTERN R.R.
pi IH
r (iii
Cattail
Creek
NvaPrY
14111/4 O
sfe
WC R70
rn
Q_' v
SH392
D
6V� TON NO
RTyFRN R R.
SCALE: T"=4000'
SITE LOCATION Figure 1
r.
I
-- _ ' a
;" N
•
•
,,
r 1
1 s
i Lot9
\\:,
t441g4t4x.
_ S ££
R!,
Y's Lot$�.., '�t
3 5 1 .',. '44, S;
-:". Y• liLotC t .7y ,, r
L ,A lLot 5 S •'` iu 5tf `
r ,f F. •,e4t '` e
, ti - Lock k
IF;t1_,.. _-4 4-•-� �r'en•Spa
'',.[Lot 3, :r �� '�t t
@ zyt
fw i. ,i s ,`, Lot2 ' Sr?'
' ,9
r `',is..
,,� �bUliding. 1
envelope ' ! ILot tt .2-- k 1
Weld County Road 70
Scale: I "=COO'
SITE PLAN Figure 2
rn
N
N
Adik&
Site
41 89
WCR70
Daily
RECENT DAILY TRAFFIC Figure 3
N
Al&
Site
10% 60%
WCR70
TRIP DISTRIBUTION Figure 4
Nalk
3taiSite
9 5a
WCR70
N
N
Daily
SITE GENERATED DAILY TRAFFIC Figure 5
N
N
O
Site
2 12
WCR70
%alDaily
DAILY TRAFFIC FROM RECORDED EXEMPTIONS Figure 6
as
N
a
N
d'
U
ch
HSite
52 127 KI 155
WCR70
ini
co
1-
Daily
TOTAL DAILY TRAFFIC FORECAST Figure 7
CATTAIL CREEK PUD FENCING EXHIBIT MAP \
Western Split Roil Fence, 3—Rail
Vinyl Fence or approved equal.
10' Utility Easement
\\ \--Building Envelope Line
4 00 t A O, • • '<
N Proposed Leach \ (gross)
' Field Envelope
„ �\ \ �I -
\ \' ./..' ,
Acres
LA
ta
fn 3\ .
o Proposed Leach
\ Field EnvelopeWestern Split Rail Fence, 3—Roil
\\ Vinyl Fence with wire attached m
for Child or Pet containment. Im\ (Approximately 0.5 Acres in size) 3
\ \ Ig
\ \ 7.Building Envelope Line J
20' Utility Easement
--- - o - - - _
S89'35'16"W' ,
Weld County Road 70
NOM NOTE:
This exhibit map is for graphic purposes only and is
not intended to reflect size, type or location of
proposed residence or driveway. It is soley for the
\ht:51 EA5f benefit of delinlating fence options and/or ideas.
,42
SOUTH
Prepared By:
is 715 I INTERMILL LAND SURVEYING,INC.
i" b so bo 110 200 1301 North Cleveland Avenue
922 ; I" - 100' Loveland,Colorado 80537
May 9, 2003 (970)669-0516
According to Colorado law you must commence any legal action based on this survey within three
years after you discover such defect. In no event, may ony action based upon any defect in this
survey be commenced more than ten years from the date of the certification shown hereon.
APPENDIX A
i.eather Rooky Mountain Counts, _L_.
=_ ed Cherry2 5 _-.-
a. 2.
'5th : Phone 7303) 641-0445 Fax (303) 85'-9191_ rile T.D. : _R70E 229
Street name :CR 70 EAST OF Cg 29 1241-4.14 LN2-EB Page
4"... egi Combined Tues. Combnuad
.: ..: ,.� n - - --... ?.'5. .... - m - r
12:1'5 2 I ' 1 1 0 ` 1 0 0
12:34: 0 ! 0 I 0 0
I
'ei:(5 p 00 ` 6 -
01:Se0 I ` - 0 - - C:
01:45 • I 1 I 0 0 • i 0
02:00 - U j - 0 , _ 0 - I
02:15 6 0 0
30 0 i ' 2 2 0 j 0
02:45 1 , « 1 . 2 0 0 I 0
03:00 4 1 - 0 4 I 0 4 0 ..
03:15 0 ' 0 ' 0 0 0 ' i 0
03:30 0 ' 0 4 I 0 - I 0
03:45 1 ' 0 1 0 0 ' I 0
04:00 1 . 0 : ' 1 0 • 0 0
04:15 3 • 1 ' a 0 - 0
04:30 4 1 . ' I 0
5 0 0 . i 0
04:45 0 ` 0 ' 0 0 I
05:00 0 . 0 „0 0 « 0 0
05:15 1 0 ' 1 1 1 ' 2
05:30 1 1 . 2 0
0 0
05:45 0 0 ' 0 1 " 0 ' 1
06:00 - 1 . 0 0 • 0 . 0
06:15 1 ' 0 ' 1 0 ' 0 0
06:30 0 ' 0 - 0 0 - 0 - 0
06:45 1 0 ' 1 0 4 0 ' 0
07:00 0 1 ' 1 0 `
07:15 1 • I 4 2 7 3
07:30 1 •. 1 * 0 . 1 1
07:45 1 . 0 . . . 4
00:00 0 ' 0
0 . 0 • 0
00:15 1 - 0 . 2 4
08:30 0 ' 1 - 3 . 3 6
08:45 U . 0 • 1 . 3
69:00 0 • 0 ` ' 1 0 1
09:15 0 s 0 ) tr2 . 4
03:3(1 0 0 ' 0 ' 1 • 1
09:45 0 0 • 0 . U . 0
10:00 0 ' 0 • 0 ' 1 1
/ 40:15 0 ' 0 ' 0 ' 0 . 0
1:30 0 ' 0 • 0 ,
0:45 0 0 « 0 ' I 0 0
11:00 0 ' 1 . 0 I 0 ' 00
11:15 0 . 0 • U 0 ' I 0 0
I 1
11:30 0 ' 0 • 0 1 • 2
11:45 0 ' 0 ' 0 0 1 -
Totals 0 32 0 20 0 52 17 0 20 0 37
Day Totals 32 20 52 17 20 37
9 Total .09 61.52 .0% 36.4% 45.9% .0% 54.0% .0%
Peaks 02:15 02:15 02:15 08:15 07:45 07:45
Volume 9 6 15 0 7 14
F.H.F. .56 .75 .62 .66 .58 .58
r
N'ea ber Rocky ?tour.tain __
100 __ ,_-- t_ _ _ GO:.
20a 4 Ft.. CC £0621 5t4z a 2 -.,
Other Phone (303) 641-0445 Fax (3031 057-9191 File CR29 Ck'O
Street name :0(4 29 59:i/T0 OF CR 70 LN1=SB 1.2=NU Pane .
'''cegl. Tues. Combined Wed. Combined
1 2 1 2
:.N.
riTin ._ . . _. i c .r] 0 .a t C. 0
12:15 I ' I * 0 C I 0 2 2
12:30 I . 1 . _ 0 1 1 0 1
12:45 « . , .
101:13 2 ! . 2 - 4 0 0
(1:30 3 1 43 0 . i 0 - c .
01:45 0 ) 0 C' 0
02:00 2 I ' 3 2 ' 1 3 '
02:15 2 r 1 1 0 I 0 0
02:30 1 i ' 0 I 1 0 0 I
02:15 0 I - 0 1 * 0 0 * 1 0 * t `
93:00 - 0 I ' 2 1 2 0 +
03:15 1 I ` 1 I * 2 0 ' I 0
33:30 3 I ' 1 I 4 0 '
•
03:45 0 1 + 1 0 * i 0 ' .
04:00 1 . 0 1 0 • I 0 «
04:15 ' 1 " 0 4 1 0 I 0 4 1 .
04:30 ' 1 ' 3 ' 4 0 ' i 0 '
04:45 1 0 . 1 0 ' 0 ' 1
05:00 2 ' 2 ' 4 0 ' 1 '05:15 • 1 . 1 . 3 1 0
05:30 2 1 ' 3 0 0 «
05:45 * 3 * . 1 . 0 .
09:00 ' 0 ' 0 . 0 1 * 0 -
06:1 1 0 1 0 * 1
06:30 4 2 ' 1 * 3 1 "
06:45 t 1 ' 0 * 1 1 ' 1 *
07:00 . 1 • 2 3 1 4 0 ' 1 *
07:15 * 0 * 1 1 ' 4
07:30 ' 0 * 0 + 0 3 ' 1 4 *
07:45 ' 0 4 0 * 0 4 * 2 6 *
08:00 0 4 0 * 0 0 * 0 0
00:15 ' 1 ' 0 A 1 4 ' 3 ' 7 '
08:30 1 , ' 1 * 2 1 1 ,. 2 '
00:45 0 ' 2 ' 2 1 * 0 1
00:00 1 ' 0 ` 1 1 " 0 * 1 *
09:15 0 * 1 * 1 2 4 3
09:30 1 ' 0 1 1 ' 3
09:45 0 * 1 4 1 0 0 0 '
10:00 0 ' 0 ' 0 2 * 1 " 3 *
.x.10:15 0 ' 0 * 0 1 2 * 3
3:30 0 0 * 0 3 * 2 5
.0:45 0 * 0 ' 0 0 * 1 * 1 '
11:00 0 * 0 ' 0 3 + 1 * 1 4
11:15 0 0 ' 0 0 ' 2 '
11:30 0 * 0 * 0 0 * 0 ' I 0 '
11:45 1 * 0 1 0 ' 0 ' 1 0 '
Totals 0 30 0 33 0 71 36 1 27 3 63 4
Day Totals 38 33 71 37 30 67
Total .0% 53.5% .0% 46.4% 53.7% 1.4% 40.3% 4.4
Peaks 01:00 01:15 01:15 07:30 12:0U 07:30 12:00 07:30 12:00
Volume 8 7 15 11 1 6 3 17 4
F.H.F. .66 .58 .62 .68 .25 .5 .37 .60 ._
�r
. Rocky runts,
o_a,. '. Fort r- 31621 Start a[e: 5'O1'0002
Other : Phone (303) 641-0445 Fax (303) 857-9191 ?Ile _.D. : CR29140900
Street name :CR 20 NORTH OF !T 70 lv'1SD U42=1,10 Paae 1
,�"+ea Moo. Combined Tues. Combined
^t .. - I • 2 I 1!3C
12:11 - 1 t + 0 . 0 4 t 0 *
12:30 ' 0 1 • 0 I 4 0 0 4 I 0 0 -
12:45 . . 1 4
' i 0 _ C .
I 0 0
00:45 ' - 3 : 00 .
02:0; 0. 0 ) 0 . 0 t 0 0
O
•2:15 i ' I - 4 0 0 • 0
.
I
02:35 - 0 i . 0 I • 0 0 • i 0 0 '
0_:45 7 4 2 i ,.4 0 0 1 0 .
033:00 0 i 0 I ' 0 0 - 0 0 '
03:15 - 1 ! 2 I ' 3 0 0 • 0 •
03:30 4 2 I ' 1 I * 3 0 - 0 0 '
03:45 2 I ' t] ' 2 0 0 ' 0
04:00 1 I 1 ` 2 0 0 0 .
04:15 ' 1 I • 1 • 2 0 ' I 0 - 0 -
04:30 1 ' 2 3 0 •
04:45. ' 1 3 0 ' I 0 0
' I 0 0
05:00 • 1 - 0 • 1 0 - 0 ' 1
05:15 0 • 1 . 11
0 I 1
05:30 1 ' 0 0 . 1 1
05:45 2 * 1 0 ' 1 1
06:00 ' 1 • 1 : - 2 0 • 0 ' 0
06:15 ' ' 0 • 2 0 ' 0 - 0
06:30 • 4 ' 6 1 • 3 • 4
06:45 ' 2 • 0 • 2 1 . 0 1
07:00 • 1 • 2 ' 3 3 • 6 . 9
07:15 . 1 ' 0 * 1 3 • 1 • 4
07:30 ' 1 • 1 ' 2 1 * 1
07:45 ' 0 1 4 1 1 0 • I
06:00 • 0 ' 2 1 • 3 ' 4
00:15 • 0 • 1 • 1 2 2 • 'I
08:30 • 1 + 0 1 2 • 0
00:45 ' 0 ' 0 * 0 0 . 0 - 0
09:00 • 0 • 0 * 0 0 * . 2
09:15 . 0 . 0 ' 0 2 . 0 2
09:35 ' 0 • 0 ' 0 3 ' 1 4
09:45 • 1 ' 0 . 1 0 ' 1 • 1
10:00 - 0 ' 0 4 0 1 ' 0 ' 1
,.30:15 • 0 . 0 . 0 1 • 1 '
:30 0 ' 0 0 1 * 0 ' 1
.:45 • 0 ' 1 1 1 0 ' 1
11:00 0 • 0 ' 0 0 • 1 . 1
11:15 ' 0 0 . 0 1 . 2 ' 3
11:30 0 ' 0 0 1 • 1 '
11:45 ' 1 • 0 ' 1 3 • 2 ' 5
Totalr 0 41 0 33 0 74 30 0 29 0 59 0
Day Totals 41 33 74 30 29 59
4 Total .0% 55.4% .0% 44.5% 50.0% .0% 49.1% .01
Peaks 05:45 05:45 05:45 06:30 06:30 06:30
Volume 7 14 8 10 18
P.ILF. .87 .43 .58 .66 .41 .5
n'aat^e: 2,oky Mountain Counts, LLC.
x 1106 Ci:err. Court _ Code : 00000000017.
Lupton, 33'_ Start ..e: 70 /q __
Other Phone (303) 641-0445 Fax (303) 857-9191 File 1.0. ('1370
e0Street name :CI<Tu 70Tues.
WEST OF CR 29 iM=WB I,NZ=EFi WCk`9�
lime
Combined Wed. 1 Combined
32:00
.
12:30 ' ) • ' 0 0 0 0 ) 0 0
:45 . a . I . 0 1 I 0 1 I 0 2
^.+;.::0 0 _ 0 0 0 0 0 0
01:15 0 . 0 0 0 - i.
01:30 _ 2 ! . 0 0 0 0 ..
011:45 0 ..
02:0u 1 1 ' C i • 0 0 0 I 0 .
02:15 - 0 I . 0 * 0 0 0 ' 0 •
02:30 0 1 _ 0 0 0 ' 0 • 0 .
0;::15 0 1 . 0 0 0 0
03:U:0 . i t 1 0 0 0 0 -
2 0 ' 0
03:15 _ 2 0 , . 0 -
03:30 . 5 • 0 - . 2 0 0 0
5 0
03:45 . 1 4 1 . 0 0
04:00 ' 1 . 0 2 0 0 . 0
04:15 1 0 1 0 0 4 0
04:30 0 * 0 • 0 1 0 0 0
;4:45 1 1 0 1 . 1
2
05:00 0 . 0 ! , 0 0 . 1 1
*
0
05:15 . 1 • 1 0 0
05:30 0 . . 2 0 ' 0 ' 0
0
05:45 . 1 . 0 0 0 ' 0 0
1 0 0
06:00 0
06:15 . 00 . . 0 ' 0 ' 0
06:30 0 0 . 0 0 . 1 1
0 0 ' 0 0
06:45 - 0 0 .
07:00 . 1 . 0 1 0 0 0
07:15 1 * 0 0 ` 0 0
07:30 . 0 0 . 1 0 • 0 0
07:45 • 0 . 0 . 0 0 . 0 0
0 08:00 . 1 . 0 . 1 0 1 10
0 ' 0
00:15 , 0 . 0 0
08:30 . 0 . 0 0 ' 0 0
08:45 . , . 2 ' 0
0 0 0 0 ' 0 0
09:00 0 •
09:15 . 0 . 00 0• 0 ' 0 1 ' 0 10
1
09:30 4 0 . 0
09:45 • 0 . 0 • 0 0 0 ' 0 -' 0
10:00 .. 0 4 0 . 0 0 ' 0 1
,,,0"• 10:15 . 1 0 1 1 • 0 0
10:30 0 0 . 0 0 0
10:45 C . 0 . 0 1 0 0
0 0 ' 0 0
11:00 . 0 . 0 •
0 0 ' 0 0
11:15 . 0 0 .
0 0
11:30 . 0 0 . ' 0 0
0 0 ' 0 0
11:45 ' 0 .
0 0 0 1 0 0
Totals 0 23 0 7 0 30 6 1 3 1 9
Day
Totals 23 7 30 7 4 11
3 Total .0% 76.6% .0% 23.3% 54.5% 9.0% 27.2% 9.0%
Peaks 03:00 12:45 03:00 08:30 12:00 04:00 12:00 07:45 12:00
Volume 9
P.H.F. .45 .25 .55 .37 .25 .25 .25 .37 .25
CHURCH & Associates, Inc.
ENGINEERS & GEOLOGISTS
ENGINEERING GEOLOGY REPORT FOR
PROPOSED CATTAIL CREEK P.U.D.
PART OF SECTION 9,
TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M.
WELD COUNTY, COLORADO
Prepared for:
CATTAIL CREEK, LLC.
C/O TODD HODGES DESIGN, LLC
1269 NORTH CLEVELAND AVENUE
LOVELAND, COLORADO 80537
JOB NO. 15255-L MARCH 18, 2003
DENVER 4501 Wadsworth Boulevard Wheat Ridge,CO 80033 CASTLE ROCK 303 660 4358
303.463.9317 Fax:303.463.9321 EVERGREEN 303.816.1455
LOVELAND 970.663.2124
TABLE OF CONTENTS
SCOPE 1
PROPOSED DEVELOPMENT 1
SILL CONDITIONS 1
INVESTIGATION
SITE GEOLOGY 2
MINERAL RESOURCES 3
GEOLOGIC HAZARDS 4
GEOLOGIC IMPACTS ON DEVELOPMENT 4
LIMITATIONS 5
LIST OF REFERENCES 6
FIGURE 1 -VICINITY MAP
FIGURE 2 - SITE PLAN AND LOCATION OF EXPLORATORY BORINGS
FIGURE 3 -AREA GEOLOGY
FIGURE 4-MAP OF SAND, GRAVEL AND QUARRY AGGREGATE RESOURCES
FIGURE 5 - SOIL SURVEY MAP
FIGURE 6-LOGS OF EXPLORATORY BORINGS
FIGURE 7 THROUGH 9- SWELL-CONSOLIDATION TEST RESULTS
FIGURES 10-GRADATION TEST RESULTS
SCOPE
As requested, we have conducted this engineering geology report for the subject site. The
purpose of our investigation was to identify site conditions regarding area suitability for the proposed
development as requested by the Weld County Planning Department.
PROPOSED DEVELOPMENT
The 161±-acre parcel is located in part of Section 9, T. 6 N., R. 66 W. of the 6th P.M. It is
proposed to divide the parcel into 8 rural-residential lots of approximately 4.00±acres and one lot of
approximately 114± acres, as presented on Figure 2. Domestic water is to be supplied by public
water. Sewer services are to be constructed on-site for each individual residence. A paved roadway is
proposed to access the 8 lots.
SITE CONDITIONS
The site is located approximately 6 miles east of Windsor, east of County Road 29 on the
north side of County Road 70, The eight 4-acre lots are located at the southeast part of the property.
This part consists of an irrigated, plowed field with slopes approximately 1% to 3% general to the
east. A southward flowing drainage way with a delineated 100-year floodplain is located along the
east boundary. Water was flowing in the drainage during this investigation. A concrete lined ditch is
located between the 114-acre lot and the 4-acre lots.
INVESTIGATION
This investigation was conducted by means of a site reconnaissance and test hole
observations conducted on March 3 and 6, 2002 by the author of this report, a Professional Geologist
as defined under House Bill 1574. Readily available maps and literature by the Colorado Geological
Engineering Geology Report
Job No. 15255-L
Page 2
-- Survey and US Geological Survey were also reviewed for this preliminary evaluation. Refer to the
attached List of References.
SITE GEOLOGY
The area lies in the Colorado Piedmont Section of the Great Plains Physiographic Province.
The Colorado Piedmont is an elongated trough situated adjacent to the Front Range. As mountain
uplifting occurred in Laramide times, increased stream energies at the foot of the mountains resulting
in erosion and scouring, creating the Piedmont. The site also lies in the Denver Basin, a thick
accumulation of Mesozoic sediments, which have been producers of fossil fuels.
The referenced geologic map indicates Quaternary Age eolium (Qe) underlies the west side
and Quaternary Age Piney Creek Alluvium (Qpc) underlies the east side of the property, as presented
on Figure 3. Qe is described as wind-blown clay, silt and sand. The Qpc is described as sandy to
gravelly alluvium, deposited by water. Claystone and sandstone of the upper Cretaceous Laramie
Formation (KI) was encountered in the borings underlying 7 feet to 20 feet, or more, of the surficial
soil, No outcrops of the KI were observed on the property, The rock encountered in the test holes was
severely weathered to firm. A swell test of weathered claystone, or shale, indicates a low swell
potential. There were no faults, folds or other structural features observed in the field or delineated
on the referenced maps in this area.
Surficial soils encountered in the test holes consisted, primarily, of 6 feet to 9 feet of loose to
very loose silty sand with sandy silt underlain to 7 feet to 20 feet, or more, by gravelly sand underlain
to the maximum depths explored of 20 feet by weathered and firm claystone with sandstone. The
silty sand is moist to wet, loose to very loose and compressible having low strength characteristics.
The gravelly sand is moist to wet, dense and having moderate strength characteristics,
The Soil Conservation Service (SCS) maps indicate 2 general soil types; Kim loam and Olney
Engineering Geology Report
Job No. 15255-L
Page 3
fine sandy loam. Kim loam is described as mixed alluvium and parent (bedrock) material. Olney fine
sandy loam is described as mixed outwash. The SCS maps indicate moderate erosion potential in the
Kim loam and low erosion potential in the Olney fine sandy loam. The SCS tables suggest slight
limitations in the Kim and Olney fine sandy foams for building site development and sanitary
facilities. Preliminary percolation tests provided in a report by Northern Colorado Geotech, Project
No. 034-01, dated August 30, 2001 indicates percolation rates which would support the "slight
limitation" category for sanitary facilities for the 3 sites tested.
Free groundwater was encountered in all 5 test holes at depths ranging from 5.0 feet to 9.6
feet, as indicated on Figure 6. Free water encountered in the borings is perched on relatively
impervious weathered rock. The groundwater appears to flow generally from the west to the east.
Maximum seasonal groundwater levels were not determined during this investigation, however, are
expected to rise during irrigation and wet seasons. Existing groundwater conditions are at levels in
some areas which will effect basement-level construction, onsite waster water system (OWS)
placement and roadway construction.
MINERAL RESOURCES
Colorado Geological Survey (CGS) Special Publication 5-B, referenced geologic map and test
hole data from this report were reviewed as the primary references for the preliminary evaluation of
sand, gravel and quarry aggregate resources and field verified by the geologist. The CGS publication
indicates that the east side of this parcel lies in terrace deposits (T) with a probable aggregate
resource (4) rating, as presented on Figure 4. Part of this area lies in a 100-year floodplain. Minimal
gravel was encountered in the test holes. Due to the poor quality of aggregate and relatively small
size of the deposit, it is our opinion that aggregate resources encountered on the property do not meet
quality/quantity standards for being economically commercial deposits. Three oillgas wells and tank
Engineering Geology Report
Job No. 15255-L
Page 4
batteries are located on the property.
GEOLOGIC HAZARDS
Environmental Geology 6 of the Colorado Geological Survey indicates very gentle to
moderate slopes exist on the property. Our observations indicated no signs of active or past
movement due to unstable slopes. Based on this information, it is our opinion that there are no
geologic hazards caused by gravity on the property. Man-made activities, such as deep excavations,
may create conditions, which could result in gravity-caused geologic hazards.
GEOLOGIC IMPACTS ON DEVELOPMENT
The interaction of the proposed development and the geology of the site will depend on the
types of structures proposed and specific geologic influences. The primary structures to be built are
building foundations, paved roadway and onsite wastewater systems (OWS).
POT MTh TIONS- The upper silty sand and sandy silt exhibits low to very low bearing
characteristics. Shallow groundwater, which may interfere with basement-level construction, also
exists in some of the proposed building areas. Foundation depths should be limited to provide a safe
buffer between potential high groundwater and floors. Dewatering methods may also be useful in
lowering groundwater, allowing lower foundation levels. Foundation subgrades may require a
stabilizing layer of gravel or other methods to improve bearing support. Site-specific geotechnical
investigations are recommended for each structure to determine soil strengths, swell potentials,
groundwater levels and make recommendations for design and construction.
ROADWAYS It is our understanding that the proposed interior roadway is to be paved. A
geotechnical investigation is recommended for the roadway so that the pavement structure can be
designed for the appropriate soil, groundwater and traffic conditions. The high groundwater and very
Engineering Geology Report
Job No. 15255-L
Page 5
loose to loose soil conditions often result in pavement subgrades that may not be able to be stabilized
with conventional compaction methods. Subgrades for paved roadways must be relatively non-
yielding in order to compact the base course and asphalt layers. Various methods, which may consist
of soil replacement, chemical stabilization, or geogrid/geotextile placement, may be required to
provide a stable subgrade for paving.
ONSITE WASTEWATER SYSTEMS (OWS) Preliminary percolation tests provided in a report by
Northern Colorado Geotech indicates percolation rates of 12, 20 and 45 minutes per inch (MPI) at
the 3 locations tested. Groundwater levels and high as 5 feet were encountered for this investigation
and are expected to rise during irrigation and wetter seasons. Four feet of separation is required from
maximum seasonal groundwater to the bottoms of the drain fields. Mounding of drain fields is a
common method to accommodate shallow groundwater conditions. Site-specific percolation
investigations for OWS are required by the County Health Department prior to issuance of a building
permit. Engineered systems will be required where groundwater separation requirements cannot be
met with existing conditions.
GEOLOGIC HAZARDS- The site observations and referenced map did not indicate signs of
geologic hazards caused by gravity, such as landslides, debris flows, rock fall, or unstable or
potentially unstable slopes. Man-made activities could produce conditions, which may result in
hazardous conditions, if not carefully planned. No geologic hazard mitigation is anticipated for this
site. Excavations for foundations, utilities and other structures may need to be protected from caving.
Refer to OSHA standards for the appropriate protection methods.
LIMITATIONS
This study was preliminary in nature and did not include an extensive exploration program for
the presence of oil, natural gas, uranium or other mineral resources. Based on existing maps,
Engineering Geology Report
Job No. 15255-L
Page 6
—. literature and field data potential sand, gravel and quarry aggregate resources are not believed to exist
in economic quantities or quality. Although no geologic or soil hazards appear to exist in the present
condition, site-specific geotechnical and onsite wastewater investigations should be conducted for
each lot.
If we can be of further service in discussing the contents of this report, or to conduct site-
specific investigations, please call.
CHURCH&Associates, Inc. 40.\V-
ppOFFssl l�prr
_t ir: t yy ..'"•Nt�,r
iii, •J 0 V
Thomas W. Finley,C.P.G� a \\n1r G
3 copies sent
LIST OF REFERENCES
Colton, Roger B., 1978, Geologic Map of the Boulder-Fort Collins-Greeley Area, Colorado: U.S.
Geological Survey Map I-855-G
Johnson, Erin J., and Himmelreich, John W. Jr., 1998, Geologic Hazards Avoidance or Mitigation:
Colorado Geological Survey Information Series 47
Leafgren, Doug, 2001, Preliminary Geotechnical Engineering Report — Proposed Shepardson PUD-
Weld County Roads 20 and 29, Weld County, Colorado, Northern Colorado Geotech Project No.
034-01
Rogers, W.P., Ladwig, L.R., Hombaker, A.L., Schowchow, S.D., Hart, S.S., Shelton, D.C., Scroggs,
D.L., and Soule, J.M., 1979, Guidelines and Criteria for Identification of Land-Use Controls of
Geologic Hazard and Mineral Resource Areas, Colorado Geological Survey Special Publication 6
Schowchow, S.D, Shroba, R.R., and Wicklein, P.C., 1974, Atlas of Sand, Gravel, and
Quarry Aggregate Resources Colorado Front Range Counties: Colorado Geological Survey Special
Publication 5-B
Shelton, D.C., Rogers, W.P., 1987, Environmental and Engineering Geology of the Windsor Study
Area, Larimer and Weld Counties, Colorado, Colorado Geological Survey Environmental Geology 6
Tweto, Ogden, 1979, Geologic Map of Colorado: U.S. Geological Survey
, 1980, Soil Survey of Weld County (Northern part, Southern part), Colorado: U.S.
Department of Agriculture Soil Conservation Service
PROPOSED CATTAIL CREEK P.U.D. SCALE
PART OF SECTION 9, 1 : 50,000
T. 6 N., R. 66 W. OF THE 6TH P.M. k
WELD COUNTY, COLORADO N
I
y I
J u T.6N.
\ Lake u
e<>
6 ��_ A 5 /� V � � A 4918 •1 A
1 A � 1499
1
\,4in �`9M J�J�
c---,, 4846
'���'SITE
I
L.o COUNTY ROAD 70 • . !` e� __ _
P • i
a .
is l \ 17 1 15 l
--�� z ' , v �;� �� �I cl! v B. \Laka
1 �� �� ?� CJ Cam( �hOp ...
..
TO WINDSOR — �� ' _ - — — .
\ , ' - HIGHWAY 392 -Well' "Re e/pg ��
�(� 1 fteow tau
C.J� L\ 4� -,,r5
_
II J) i 20 ..-1 ) A 21 �. 22 \ •`�
R.66W.
VICINITY MAP
JOB NO. 15255-L FIGURE 1
PROPOSED CATTAIL CREEK P.U.D. SCALE
PART OF SECTION 9 1" = 600'
T. 6 N., R. 66 W. OF THE 6TH P.M.
WELD COUNTY, COLORADO
\
t
siLt
;r
N
LOTS v 100-YEAR
114.56 t ACRES -- ' FLOODPLAIN
• • .. 4 W5,, --
V........ .
IN
iS� , 1 I TH4
APPROXIMATE LOCATION OF TH-5 ■ "1
OIL/GAS WEL ,
HEADS i 1 \v t
N TH-3
Y 4 i � C TH2
ii I
w fi tss 41 04i
Lj I '1 ; It AC ? BRIDGE
..--,_.WELD--COUNTY-ROAD-70
TH-I •
DRAWING BASED ON PRELIMINARY PLAT BY INTERMILL LAND SURVEYING
PROJECT NO. P-02-5081, DATED 1-17-03
SITE PLAN AND LOCATION OF
JOB NO. 15255-L EXPLORATORY BORINGS FIGURE 2
PROPOSED CATTAIL CREEK P.U.D. SCALE
PART OF SECTION 9, 1 : 50,000
T. 6 N., R. 66 W. OF THE 6TH P.M.
WELD COUNTY, COLORADO
N
I
T 7 -7-\ 1 uDeT
I "),. lig Z. ake l
Wands 1�F:
Lake i Nix 49/8
RM 2 -. (1499%
M 828 B
(1 72
IA SITE
® fie aeis I
1� '� ... \•'`• (14681\CD` Neff
Lake /\
i , �J t
� I 392
• /
KEY
QE - QUATERNARY EOLIUM, WIND-BLOWN CLAY, SILT AND GRANULES
QPC- QUATERNARY PINEY CREEK ALLUVIUM, SANDY TO GRAVELLY ALLUVIUM
O - DEFLATION BASIN
BASED ON USGS MAP I-855-G
r
AREA GEOLOGY
JOB NO. 15255-L FIGURE 3
PROPOSED CATTAIL CREEK P.U.D. SCALE
PART OF SECTION 9, 1 :37,500
T. 6 N., R. 66 W. OF THE 6TH P.M.
WELD COUNTY, COLORADO
N
I
. I:�
Wood• Lake .....j/N�/�
e.
y ,
Na
SITE o•
J1 ,1 � 9 \Thia,--1:-<NTN:i_j___ ___,.:_,.. .fi
\,... ._,,i77 1^�� 1•'_4 �r\s
e-
KEY
V - VALLEY FILL DEPOSITS
4 -PROBABLE AGGREGATE RF"RCE
BASED ON: ATLAS OF SAND, GRAVEL a QUARRY RESOURCES - COLORADO FRONT RANGE COUNTIES
COLORADO GEOLOGICAL SURVEY SPECIAL PUBLICATION 5-B (1974)
MAP OF SAND, GRAVEL & QUARRY AGGREGEATE RESOURCES
JOB NO. 15255-L FIGURE 4
PROPOSED CATTAIL CREEK P.U.D. y SCALE
,,, PART OF SECTION 9,
1" - 2000'
T. 6 N., R. 66 W. OF THE 6TH P.M. i
WELD COUNTY, COLORADO N
I
r sL
4 '"
rt 3z i.
I .':'3S 32 •. 47 52 !� fa r?
32
,s 4 ? 33 rk3 °- •s::24
I34 \33 33 .1 x t
47
3
ti<: ,F, sm8 b
sn
b 1 t 32 -SITE ; i.,
32 8 p
6� 47 9 32
33 32 ' - 32
3e '
65 i ; -fib
33 \
- - 47 16 S If3
KEY
32 -KIM LOAM - I% TO 3% SLOPES, MIXED EOLIAN AND PARENT MATERIAL
33 -KIM LOAM -3% TO 5%SLOPES. MIXED EOLIAN AND PAINT SEDIMENT
46 - OLNEY FINE SANDY LOAM, MIXED OUTWASH
SOIL SURVEY IS BASED ON USDA SOIL SURVEY OF WELD COUNTY, COLORADO
SOIL SURVEY MAP
JOB NO. 15255-L FIGURE 5
) ) ) .
TH-1 TH-2 TH-3 TH-4 TH-5
o 7
.'] W12 7/12 6/12 2/12 6/12
5 — 'WC WC A .'• WC-23.5 WC-Ito 5
DD=9a LL=27 - j. _a_ -200-55
I 3 PI=NP 7
20/12 50/12 4 18/12 20/12 -4- 6/12
10 WC=14.1 WC=21.9 WC-120 WC-11.1 1
DD-110 00-.125
28/12 1W12
E 15 1
72
50/11 50/10 EGG
20 WC=23.7 20
DD=105
EXPLANATIONS: '.. FALLINGFI 6/12 INDICATES THAT 6 BLOWS OF A 140 POUND HAMMER FALLING 30 INCHES WERE
REQUIREDTO DRNE A 2.5 INCH OA.SAMPLER 12 INCHES )
® TOPSOIL . SAND,SLIGHTLY GRAVELLY TO GRAVELLY,
WET,DENSE,LIGHT BROWN
1 INDICATES DEPTH TO FREE WATER AND THE NUMBER OF DAYS AFTER DRILLING THE
- MEASUREMENT WAS TAKEN
SAND,SILTY,SLIGHTLY CLAYEY,MOIST TO ® WEATHERED CLAYSTONE WRH
9• WET,VERY TO LOOSE, BROWN TO SANDSTONE,
TO
��MEDIUM TO FIRM,
Z- UGHT BROWN AR
NOTES: 1. THE EXPLORATORY BOWNGS WERE DRILLED ON 3303 USING A 4-INCH
DIAMETER CONTINUOUS FLIGHT AUGER POWERED BY CME 45B DRIWNG RIG.
' CLAYSTONE WITH SANDSTONE,MOIST, 2. FREE WATER WAS ENCOUNTERED AT THE TIME OF DRILLING AS SHOWN.
FIRM TO HARD,DARK GREY TO OLIVE 3. WC- WATER CONTENT(%) DO-DRY DENSITY(PCF)
-200-PERCENT OF FlNES PASSING THE NUMBER 200 SIEVE.
LL-LWUID OMIT PI-PLAWRCTTY INDEX
NP-NOT POSSIBLE
LOGS OF EXPLORATORY BORINGS
JOB NO.15255-L FIGURE 6
•
2
I !
a
-1
0
z F
.m Ii
I I I
3
LL
CONSOLIDATION UNDER CONSTANT
PRESSURE DUE TO WETTING
I I I I I
I
s
-6 I ! jI
I
-7
-8
ICI
I
I ! I 1 I l
.Ocn
! ' j
9
; I iF l I
-io
U
11 I F
1 II I I
-12
„
-13
I
F
14
0.1 1 10 100
APPLIED PRESSURE - ksf
Sample of Silty Sand From TH-1 @ 3'
Natural Dry Unit Weight = 99 PCF
Natural Moisture Content = 27.1 %
JOB NO. 15255-L SWELL-CONSOLIDATION TEST RESULTS FIGURE 7
8
7
I l
6
I
5
FJ 4 1
1 1 !
i I
I
C„-4 EXPANSION UNDER CONSTANT 2 PRESSURE DUE TO WETTING
t l 'I l ! I I
� ! t !
I I I ' it III
it I � I
-2
� , illl I I I III, I
O _3
4
(.)
-5
6
i I
j
0.1 1 10 100
APPLIED PRESSURE - ksf
Sample of Claystone from TH-3 @ 19'
Natural Dry Unit Weight= 108 PCF
Natural Moisture Content = 23.7 %
JOB NO. 15255-L SWELL- CONSOLIDATION TEST RESULTS FIGURE 8
.-.
g
L.
7
6
I
ICI
5
II II I' II I I �
O q
O-i3 I 4
w I I I 1
NO MOVEMENT UNDER CONSTA
NT
2 ! PRESSURE DUE TO WETTING
I
1 \ II I III
III
p 4"..„.7)(
I
i ' I
1 it
.o III
en 3 I I l
0 _q I I I
O I I I I I
U
I !
III '
, ! I
I
j ! j I
II I I ! ! � � � I
1 ,
I I 1
I I ! !`
1
I III II 1 ,
-8
0.1
I
10�
100
APPLIED PRESSURE - ksf
Sample of Clayey Sand from TH-4 @ 9'
Natural Dry Unit Weight = 126 PCF
Natural Moisture Content = 12.4 %
JOB NO. 15255-L SWELL - CONSOLIDATION TEST RESULTS FIGURE 9
r.
CHURCH & Associates, Inc.
Engineers & Geologists
Denver,Colorado 303-463-9317
Evergreen,Colorado 303-816-1455
Castle Rock,Colorado 303-660-4358
Loveland,Colorado 970-663-2124
Gradation Test Results
#200 #100 #50 #30 #16 #8 #4 3/8" 3/4" 1-1/2" 3"
100.0 L
4 I It 1 I o
90.0 t' �I 9 I
80.0 20
I / Il I #, j
70.0 r 30
I I IItt
a 60.0 I i ti` 4 {I 1 40 z
iI
le
50.0 j ! I e
La' G III h 50 Y
W 40.0 , !, il o.
I 30.0 k h --� I i I� L 1. I I '
' j II I 70
I '
zo.o F ' ! &
[ j 1 b— , 1--N 80
o.o I I I r I 'III
1 III 1 90
0.0 ! @ 3 I b I 'I I 'I II' Ii loo
0.01 0.1 1 10 100
Diameter or Particle in Millimeters
DESCRIPTION: SILT, VERY SANDY, CLAYEY, VERY MOIST,
VERY LOOSE,BROWN
GRAVEL 3% HOLE/SAMPLE TH-4
SAND 41% DEPTH 4'
FINES 56% LIQUID LIMIT 27
MOISTURE 23.8% PLASTICITY INDEX NP
DRY DENSITY(pet) N/A
DATE: 3-17--03
JOB NAME: Cattail Creek, LLC
r JOB NUMBER: 15255-L FIGURE 10
03/26/2003 09:54 6613229954, BONANZA CREEK OIL CO PAGE 02/03
BONANZA CREEK, OIL COMPANY, LLC
370/CalglnM Aremee
ilakseaficlA CA H}0!
P.O.an71/7I Of a'001.37LIlN
1249.78
S.&s.#M C4 LI,HO Cells MI
I 16371
Cells em.su,oers
March 19,2002
Mr.George DnBard 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 Mr.DuBard,
After reviewing the proposed Cattail Creek PUD,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.
Smurel
Patrick A.Graham
Vice President—Rocky Mountain Region
) ) )
a
O N
d 01
_ N C e uNr..ra
CATTAIL CREEK P.U.D. s
ar u. taw-r e a• "9111111C.�.aktilliti 'li riL'�"�"w"r n
.r.MIL •
.
.. ............... V
N
•. ..r.r..w.. N
• •.•.r..S...al W
•
�} ��
atisivl;l y •
�ItJ� -.fits a . ..un
v.
•
ii. A7 U
W't�44w.. 'I} Y - at.F .w. .r•(Vs--
'/E2 zit: 1 + &:.1. * ..._...r_.
II! 1/4jest. • INNS rwaa•as ar
MIL
ass a xi .oJ1 c ��sr+tr `react—vannor
jig ... .>. • ...�. a, D
' :1num
' .frY•wI W art INN la u.
L �e� /4"
S7x:+ ��,'' ..rS Q. t`:w ` :T.;_c: 5,k ) L:. tf }L � i�T: op
ti
sa.�.o ,i .
ti •t 34-1T..- - fir
g ....... __ •• - �. tr t I i S. V t'.
• • mg DWI/LS4 sewf Ihra i i ' .
rvnctanu LAND saut,11NDL. tNo. __ ..#yam s_Wm 4.. • qat
r o 4 l
IO
We.1t T
i.•�G.wY... Gw'V.O.•.S 4/G dle/6 K. NA 4.-
m
w
m
W
r.
CERTIFICATE OF MAILING
I hereby certify that the letters regarding the Open House regarding Cattail Creek PUD
Substantial Change Application was mailed on April 16, 2003 to the following:
Booth Land&Livestock Co Michael&Debra Page
P.O. Box 72 14379 Weld County Road 70
Lucent, CO 80646 Greeley, CO 80631
Carpenter Enterprises William&Barbara Perusek
14953 Weld County Road 70 34024 Weld County Road 29
Greeley, CO 80631 Greeley, CO 80631
Michael Erbes R H Farms, Inc.
14099 Weld County Road 70 12315 WCR 72
Greeley, CO 80631 Eaton, CO 80615
Haythom Brothers Allen&Dawn Skoglund
P.O. Box 4 34556 Weld County Road 29
Eaton, CO 80615 Greeley, CO 80631
Gary&Wendy Jurgensmeier Bryan White
34416 Weld County Road 29 4126 W. 15th Street
Greeley, CO 80631 Greeley, CO 80634
MC Construction CO
1138 N. 11th Avenue
Greeley, CO 80631 �~ 74/
Patrick& Claire McNear
34499 WCR 31
Greeley, CO 80631
Michael Miller
2650 64th Avenue
Greeley, CO 80634
Jon Scott Moser
34824 County Road 29
Greeley, CO 80631
Gene Oblander
34645 Weld County Road 31
Greeley, CO 80631
r
OTIS, COAN & STEWART, LLC C
• Attorneys And Counselors At Law
G. Brent Coen
gbcoan®acslaw.corn
April 16, 2003
Allen&Dawn Skoglund
34556 Weld County Road 29
Greeley, CO 80631
RE: Open House regarding Cattail Creek PUD Substantial Change Application
Dear Mr. and Ms. Skoglund:
Please accept this letter as an invitation to an open house to discuss the Cattail Creek PUD
Substantial Change Application. We are holding the open house in an attempt to open
discussions and answer any questions you may have with regard to the above mentioned
application. The open house will be held on Tuesday, April 29, 2003 from 6:00 to 7:30 p.m. at:
Old Town Hall of Severance
Frances Brownell Park/Old Town Hall Park
336 1° Street
Severance, Colorado
The Old Town Hall is located across the street from Bruce's Bar. We look forward to seeing you
at the open house. Thank you.aSinc ely,
G. Brent an
/gh
r`
The Doyle Building, 1812 56th Avenue,Greeley,Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
CERTIFICATE OF MAILING
I hereby certify that the letters regarding Additional Information Regarding Cattail Creek
PUD Substantial Change along with the referenced attachments were mailed on May 9,
2003 to the following:
Booth Land&Livestock Co
P.O. Box 72 Michael&Debra Page
Lucern, CO 80646 14379 Weld County Road 70
Greeley, CO 80631
Carpenter Enterprises
14953 Weld County Road 70 William&Barbara Perusek
Greeley, CO 80631 34024 Weld County Road 29
Greeley, CO 80631
Michael Erbes
14099 Weld County Road 70 R H Farms, Inc.
Greeley, CO 80631 12315 WCR 72
Eaton, CO 80615
Haythorn Brothers
P.O. Box 4 Allen& Dawn Skoglund
Eaton, CO 80615 34556 Weld County Road 29
Greeley, CO 80631
Gary& Wendy Jurgensmeier
34416 Weld County Road 29 Bryan White
Greeley, CO 80631 33877 County Road 31
Greeley, 80631-9379
MC Construction CO
1138 N. 11th Avenue
Greeley, CO 80631
Patrick& Claire McNear
34499 WCR 31
Greeley, CO 80631
Michael Miller
2650 64th Avenue
Greeley, CO 80634
Jon Scott Moser
34824 County Road 29
Greeley, CO 80631
Gene Oblander
34645 Weld County Road 31
Greeley, CO 80631
C/ CS OTIS, COAN & STEWART, LLC
Attorneys And Counselors At Law
G.Brent Coen
gbcoan®ocalaw.com
May 9, 2003
Allen&Dawn Skoglund
34556 Weld County Road 29
Greeley, CO 80631
RE: Additional Information Regarding Cattail Creek PUD Substantial Change
Dear Mr. and Ms. Skoglund:
Thank you to those who attended the Cattail Creek PUD open house held at Old Town Hall in
Severance on Tuesday, April 29, 2003. We had 10 people attend the open house and we believe
that the changes made to the proposed Cattail Creek PUD were generally well received by those
in attendance. Some of those attending the open house asked questions about the architectural
standards for construction within the proposed PUD. Therefore, I am enclosing with this letter
copies of relevant portions of a draft declaration of Covenants, Conditions and Restrictions for
the Cattail Creek PUD. Please submit any proposed modifications and/or concerns you may
have about the restrictions on use or minimum architectural standards to my office in writing for
consideration by Cattail Creek Group, LLC. I am also enclosing with this letter a copy of the
traffic study that may answer some of the questions that were asked at the open house about
expected traffic patterns and volumes associated with the planned PUD.
We sincerely appreciate your willingness to discuss the Cattail Creek PUD substantial change
application with us. We hope the open house was productive and that it helped you understand
the nature of the proposed application. If'you have any suggestions about the project that my
client should consider, please do not hesitate to send those suggestions to my office. We
sincerely want to consider all suggestions and/or proposed modifications to the proposed PUD
that would assist in integrating said PUD into the neighborhood.
Thank you for your time at the public open house if you were able to attend and thank you for
taking the time to review the enclosed documents and for providing any comments, questions or
concerns that you may have associated with the proposed Cattail Creek PUD application.
Sin ely,
rent oan
The Doyle Building, 1812 56th Avenue,Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
prior to commencing any onsite work, the Architectural Review Committee shall famish notice of
noncompliance to the Owner. Upon such notice, the Owner shall immediately cease all work other
than is required to bring the Improvements into compliance. If the Owner fails to immediately cease
all such work, or fails to bring the Improvements into such compliance within a reasonable period of
time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall
have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights
and remedies include but are not limited to the following:
a. Injunctive Relief. The Architectural Review Committee and the Association
may seek appropriate injunctive relief in order to compel the Owner to cease
all work and bring the Improvements into compliance or authorize the
Architectural Review Committee or the Association to undertake all steps and
actions, on the Owner's behalf and expense. Said expense shall be a personal
obligation of the Owner and a charge and lien against said Owner's Unit as
with Assessments as provided herein.
b. Damages,Costs,and Attorney Fees. The Architectural Review Committee
and the Association may recover from the Owner all damages, costs, and
attorney fees suffered or incurred in connection with the existence or remedy
of any Improvements found by a court of competent jurisdiction to be in
noncompliance with this Declaration, the Architectural Design Standards or
approved plans, as applicable. Said damages, costs, and attorney fees shall be
a personal obligation of the Owner and a charge and lien against said Owner's
Lot as with Assessments as provided herein.
Section 7. Authority to Hire,Assess Costs,and Raise Funds. The Architectural Review
Committee has the authority to hire or retain such professionals or other persons as it deems neces-
sary for the purposes described herein. The Architectural Review Committee shall also have the
power to require the Owner submitting matters to it for approval to pay reasonably necessary costs
of the submission prior to their review and as a necessary condition thereof. Any excess funds shall .
be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if
prepayment is insufficient.
Section 8. Records. The Architectural Review Committee shall maintain written records
of all applications submitted to it and all actions taken thereon.
Section 9. Restrictions on Use. Use and enjoyment of each Unit shall be subject to the
following restrictions and such additional restrictions as are adopted by the Owners holding not less
than seventy-five percent (75%) of the votes possible to be cast under this Declaration:
a. Land Use. No Unit or portion thereof shall be used for any purpose other
than a Single Family residence. No group housing or board and care homes
shall be permitted.
22
x
b. No Further Subdivision. No Unit or any building shall be further subdivided
or separated into smaller units by any Owner, and no portion less than all of
any such Unit or building or any easement or other interest therein shall be
conveyed or transferred by an Owner, provided that this shall not prohibit
deeds of correction, deeds to resolve boundary line disputes, and similar
corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any
Unit, nor shall any thing be done thereon which may become an annoyance to
the neighborhood. No annoying light, sound, or odor shall be emitted from
any Unit onto any other Unit(s)which can be considered offensive or intrusive
to other Unit Owners or occupants.
d. Temporary Structures. No structures of a temporary character such as
trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings
shall be used on any Unit at any time as a residence either temporarily or
permanently.
e. Accessory Buildings. No accessory buildings, storage barns, or sheds shall
be constructed or moved onto any Unit without written consent of the
Architectural Review Committee. Said structures shall not be unreasonably
prohibited so long as full consideration is given to architectural integration of
materials, colors, and placement on the property.
f. Move and Set Structures. All structures within the Project shall be new
construction and no previously erected building, structure, or Improvement
shall be moved and set upon any Unit from any other location. Modular
homes, factory-built homes, and mobile homes are not permitted. Exceptions
may be made for prefabricated storage buildings with written approval of the
Architectural Review Committee.
g. Signs. No sign of any kind shall be displayed to the public view on any Unit
except as specifically permitted by the Association.
h. Oil, Gas, and Mining. No oil drilling, oil development operations, oil
refining, quarrying, or mining operations of any kind shall be permitted upon,
in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral
excavations, or shafts be permitted upon any Unit. No derrick or other
structures designed for use in boring for oil or natural gas shall be erected,
maintained, or permitted on any Unit.
Animals, Livestock and Poultry. No animals, livestock, or poultry of any
kind shall be raised, bred, or kept on any Unit, except for dogs, cats, or other
23
r
household pets, provided that they are not kept, bred, or maintained for any
commercial purposes and do not constitute a nuisance. No more than two (2)
dogs and two (2) cats may be kept on any Unit. Notwithstanding the
foregoing,the Association may adopt Rules and Regulations permitting horses
on the property subject to the Ordinances of Weld County. Animals shall not
be permitted to roam onto other Units. No animals shall be allowed on the
Common Elements except in strict compliance with Rules and Regulations
adopted by the Association. The Owners of a Unit shall be responsible for
any damage or injury caused by any animals owned or kept by the Owners.
Without limiting the foregoing,continuous and/or frequent barking or howling
by dogs is hereby defined as a nuisance.
j. Garbage and Refuse Disposal. No Unit shall be used or maintained as a
dumping ground for rubbish,trash, or garbage- Trash,garbage, or other waste
shall not be kept except in sanitary and secure containers. All containers shall
be kept in a clean and sanitary condition and shall not be kept in public view
except during the scheduled day of pick up.
k Storage of Materials. Storage of materials shall be done in accordance with
the following provisions:
(i) No occupant or Owner of any Unit shall store or permit to be stored
or to accumulate, upon any Unit, any debris, any piles of manure, piles
of dirt, machinery or equipment or any part thereof, old or rusted
pieces of metal, rubber or any type of junk, or other miscellaneous
items unless concealed from public and neighbor views within an
enclosed structure.
(ii) Storage of building materials is permitted only to facilitate continuous
building projects in progress. Unit Owners shall supervise and assure
secure storage of all building materials during construction to prevent
damage to other structures or littering throughout neighborhood as a
result of heavy winds.
(iii) No tanks for the storage of gas, fuel, oil or other flammable materials
shall be erected, placed, or permitted above or below the surface of
any Unit. Any firewood pile shall be screened and located within the
confines of a privacy fence approved by the Architectural Review
Committee.
1. Hazardous Activities. No activities shall be conducted on any Unit which
are or might be unsafe or hazardous to any person or any property. No
firearms shall be discharged upon any Unit and no open fires shall be lighted
24
x
or permitted on any Unit except in a contained barbecue unit while attended
and in use for cooking purposes or within an interior approved fireplace. No
burning of trash, leaves, or other materials shall be allowed. The storage of
any type of explosive devices, compounds, chemicals, or materials is
prohibited.
m. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair. No more than two of the following may be parked on
a Lot except in an enclosed building: motor vehicles, motor cycles, motor
homes, campers, trailers, recreational vehicles, tractors and equipment. All
of the above must be operable and, if applicable, properly licensed. No
tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except as
set forth above nothing else shall be parked or stored on a Lot except in and
enclosed building unless specifically permitted by Rules and Regulations
adopted by the Association. No motor vehicles, motor cycles, motor homes,
campers,trailers,recreational vehicles,tractors,and equipment shall be stored
or parked for more than 72 hours on any street within the Project. No
tractor-trailer or semi-truck shall be allowed at any time on any street in the
Project except for delivery of materials during construction or moving vans,
while being used to move personal property to or from a Lot. Nothing
contained herein shall prevent the Owner or Owners of any Lot from storing
any of said vehicles(except tractor-trailers or semi-trucks)in a garage on their
Lot. No automotive repairs shall be done on any street, or Lot which may be
seen from the view of adjacent properties. The restrictions set forth above
shall not restrict the parking of trucks or other commercial vehicles for a
reasonable time upon a Lot, which vehicles are necessary for the construction
of a building on said Lot.
n. Antennas. No exterior radio antennas,television antennas, or other antennas
may be erected unless approved in writing by the Architectural Review
Committee. Any facility for the transmission or reception of audio or visual
signals shall be kept and maintained, to the extent reasonably possible,
underground or within an enclosed structure. Notwithstanding the foregoing,
neither the restrictions nor the requirements of this Section shall apply to
those antennas (which may include some satellite dishes and other devices)
that are specifically covered by the Telecommunications Act of 1996, as
amended from time to time. As to antennas which are specifically covered by
the Telecommunications Act of 1996, as amended, the Committee shall be
empowered to adopt rules and regulations governing the types of antennas
that are permissible hereunder, and to the extent permitted by the
Telecommunications Act of 1996, as amended, establishing reasonable, non-
discriminatory restrictions relating to appearance, safety, location, and
,—. maintenance.
25
•
o. Home Occupations/Businesses. The conduct of a home occupation or
business within the Project is prohibited unless the following requirements are
met: home occupations or businesses must be conducted inside the residence
and not occupy more than fifteen percent (15%) of the total floor area of the
residence. Home occupations or businesses must be conducted only by the
residents of said dwelling with no nonresidents employed at the residence. No
retail sales shall be conducted on the Lot or in public view. Home
occupations or businesses must be conducted within the scope of the zoning
ordinances of Weld County. Customer visits must be limited to an occasional
frequency. Customer parking must be in the driveway or immediately in front
of the residence. There shall be no evidence of a home occupation or business
from the outside of the residence.
p. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot
and dog runs must first be approved by the Architectural Review Committee.
q. Maintenance and Repair of Landscaping and Improvements:
Maintenance and repair of landscaping and Improvements shall be subject to
the following provisions:
(1) Each Owner shall provide prudent and regular exterior maintenance
upon each Unit including painting, repairs and/or replacement of
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass and other landscaping, fences, walks, driveways and other
surfaces, and all other exterior Improvements to maintain the value of
said property. Owners shall comply with mandatory landscaping
requirements as set forth in the Architectural Design Standards
adopted by and available from the Architectural Review Committee.
Unit Owners shall not allow weeds or other unsightly vegetation on
unimproved Units to exceed twelve inches in height. •
(ii) Failure to maintain: In the event an Owner of any Unit in the Project
shall fail to maintain the premises and the Improvements thereon as
provided herein, the Association or the Architectural Review
Committee, after Notice to the Owner and a reasonable opportunity
for the Owner to perform all necessary work, may undertake such
work on behalf of and at the Owner's expense. Any such expense
shall be reimbursed to the Association or Architectural Review
Committee within thirty(30) days of the furnishing of Notice to such
Owner that such reimbursement is owed, together with costs of
collection thereof; attorney fees,and interest thereon. Said obligation
shall be a personal obligation of the Owner and a charge and lien
against each Owner's Unit as provided herein for Assessments.
26
A
r. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of this Declaration shall be binding on non-Owner occupants
without exception.Property Owners who lease their property shall be required
to furnish to lessees copies of this Declaration along with a written lease
referencing this Declaration; leasing or being absent from the property shall
not release property Owners from liabilities and responsibilities described
herein.
s. Water and Sewer. No individual water supply system or sewage disposal
system shall be permitted on any Unit unless it is in compliance with all state
and county health regulations and approved by the Weld County Department
of Public Health and Environment. All dwellings must attach to a public
water source. Leach fields must be designed by a licensed engineer. Space
for two septic systems must be reserved and maintained by each lot owner.
All activities such as landscaping and construction are expressly prohibited in
any designated absorption field site.
t. No Violation of Law. Nothing shall be done or kept in or on any portion of
the Project by a Unit Owner or occupant which would be in violation of any
statute, rule, ordinance, regulation, permit, or validly imposed requirement of
any governmental body having jurisdiction over the Project. The Association
shall have no duty or obligation to enforce any such statute, rule, ordinance,
regulation, permit or validly imposed requirement.
u. Fencing. No fencing of any type shall be constructed by any Lot Owner on
any Lot within the Project without prior approval in writing by the
Architectural Review Committee. All fencing, except dog runs, shall
reasonably match the fencing installed on the Common Elements.
v. No Imperiling of Insurance. Nothing shall be done or kept in or on any .
portion of the Project which might result in an increase in the premiums with
respect to insurance obtained for all or any portion of the Project or which
might cause cancellation of such insurance, except with the prior written
consent of the Architectural Review Committee.
w. Architectural Design Standards. The minimum Architectural Design
Standards for the Project are set forth in Exhibit B attached hereto and made
a part hereof. The Architectural Review Committee has the power and
authority to make additional requirements for any residential construction or
reconstruction within the Project. The Architectural Review Committee may
modify or amend the Architectural Design Standards so long as such
modifications and amendments are consistent with this Declaration. During
27
x
the period of Declarant's reserved Rights, the minimum standards set forth
in Exhibit B cannot be altered without Declarant's approval:
x. Underground Lines. All electric, television, telephone, and other lines
running from any property line of a Lot to a residence or other structure shall
be placed underground.
y. Trash Burning. Trash, leaves,and other similar materials shall not be burned
within the Project.
z. Drainage. No Owner shall change the topography or drainage pattern of a
Lot including, not by limitation, any drainage easement areas, from the
topography or drainage pattern established by the Declarant unless such
change is approved by the Architectural Review Committee. Any Owner who
in any way materially modifies the topography or drainage pattern of a Lot
without such consent shall be liable for any and all damages stemming
therefrom, and may be required to return such topography or drainage
patterns to their original state. If any Owner fails to fully abide by this
provision, the Association or the Architectural Review Committee, after
Notice to the Owner and a reasonable opportunity to perform all necessary
work restoring drainage patterns, may undertake such work on behalf of and
at the Owner's expense. Any such expense shall be reimbursed to the
Association or Architectural Review Committee within thirty(30) days of the
furnishing ofNoticeto such Owner that such reimbursement is owed,together
with costs of collection thereof, attorney fees, and interest thereon. Said
obligation shall be a personal obligation of the Owner and a charge and lien
against each Owner's Lot as provided herein for Assessments.
Section 10. Waivers;No Precedent. The approval or consent of the Architectural Review
Committee or any representative thereof, or of the Board of Directors, to any application for
architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny
approval or consent by the Committee or any representative thereof, or by the Board of Directors,
as to any application or other matters whatsoever as to which approval or consent may subsequently
or additionally be required. Nor shall any such approval or consent be deemed to constitute a
precedent as to any other matter.
ARTICLE XII
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of First
Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or
28
ARTICLE XIV
WELD COUNTY'S RIGHT TO FARM
Section 1. Rural Weld County. Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Section 2. Agricultural Uses. Agricultural users of the land should not be expected to
change their long-established agricultural practices to accommodate the intrusions of urban users into
a rural area. Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch
burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use
of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation to fields which is essential to farm
production. Section 35-3.5-102, Colorado Revised Statutes, provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
Section 3. Rural Services. Weld County covers a land area of over four thousand
(4,000) square miles in size(twice the size of the State of Delaware) with more than three thousand
seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude
of the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the County and the distances which must be traveled may delay
all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are
of the lowest priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient than urban dwellers.
• Section 4. Parental Supervision. Children are exposed to different hazards in the County
than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation
31
x
•
ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
ARTICLE RV
GENERAL PROVISIONS
Section 1. Restriction on Declarant Powers. Notwithstanding anything to the contrary
herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or
permissible extent of such rights or powers as restricted under the Act. Any provision in this
Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such
provision as a whole but shall be adjusted as is necessary to comply with the Act.
Section 2. Enforcement. Except as otherwise provided in this Declaration,the Executive
Board, Declarant, Architectural Review Committee, or.any Owner shall have the right to enforce, by
a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive
Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce
any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the
provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter.
Section 3. Registration of Mailing Address. Each Owner and each security interest
holder, insurer, or guarantor of a security interest, shall register their mailing address with the
Association. All notices, demands, or other notices intended to be served upon the Board of
Directors or the Association during the period of Declarant control shall be sent by registered or
certified mail, postage prepaid, do Cattail Creek Group, LLC, P.O. Box 68, Windsor, CO 80550,
unless such address is changed by the Association during the period of Declarant control. Subsequent
to the termination of the period of Declarant control, the Association shall notify the Owners of a
different address for notices.
Section 4. Limitation on Liability. The Association, Board of Directors, Architectural
Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be
liable to any person for any action or for any failure to act unless the action or failure to act was not
in good faith and was done or withheld with malice.
Section 5. No Representations or Warranties. No representations or warranties of any
kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents
and employees, in connection with any portion of the community, or any Improvement, or their
physical condition,zoning,compliance with applicable laws, fitness for intended use,or in connection
r
32
EXHIBIT B
TO
DECLARATION OF
COVENANTS,CONDMONS AND RESTRICTIONS FOR
CATTAIL CREEK
MINIMUM ARCHTILCTURAL DESIGN STANDARDS
Section 1. Architectural Styles. It is the intent of these guidelines to insure a high quality,
aesthetically pleasing neighborhood. The homes should have a diversity of architectural styles and
be compatible with the neighborhood as a whole. The Architectural Review Committee shall have
the authority to deny any building plan for any reason including that the plan is not compatible with
the neighborhood for aesthetic or other reasons.
Section 2. Minimum Square Footage and Building Height The ground floor finished
area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than one
thousand, five hundred (1,500) square feet for a one-story residence and not less than one thousand
(1,000) square feet for the first floor of a two-story residence. The total square footage minimum
for the main floor and upper floors of a multi-level residence shall not be less than one thousand, eight
hundred (1,800) square feet. The maximum building height of any residence constructed shall be
thirty-five (35) feet measured from the top of the foundation to the crest of the highest roof line
(excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be from-six-twelve (6/12)
to twelve-twelve (12/12).
Section 4. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Stone, brick or stucco shall be required for a minimum of forty percent (40%) of the
first floor facade of the front elevation of the residence
b. The roofing material to be utilized upon buildings in the subdivision shall be approved
by the Architectural Review Committee. No wood roofs or shingles shall be allowed.
c. Foundation walls shall not be exposed more than twelve (12) inches above grade.
d. All fascia on residences shall be a minimum of eight (8) inches.
4-
1.2
e. All soffits on residences shall be a minimum of twelve (12) inches except that where
brick adjoins the soffit, the soffit shall be a minimum of eight (8) inches.
f. All plumbing vents shall be located on the back portion of the residence.
Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING
COLORS,MUST BE APPROVED BY the Architectural Review Committee PRIOR TO CONSTRUCTION.
Section 6. Setbacks. All structures shall be constructed such as to meet the buiding setbacks
required by Weld County, Colorado.
Section 7. Site Grading. Exterior grading shall be adequate for drainage away from the
buildings and adjacent buildings.
Section 8. Paved Areas. Hard-surfaced private driveways and parking areas are required.
Concrete is the preferred surface for private driveways and parking areas. If alternative materials are
proposed, they must be submitted to and approved by the Architectural Review Committee prior to
construction.
Section 9. Garages. Each residence must have an attached garage of not less than twenty-
two feet by twenty-two feet (22' x 22').
Section 10. Accessory Buildings. All accessory buildings shall be subject to Architectural
Review Committee approval as set forth in the Declaration. Each Lot may have up to two (2)
accessory buildings. One building shall be a storage building which shall not exceed twelve feet by
twelve feet (12' x 12'). The maximum size of the other building may not exceed the maximum size
permitted by Weld County, Colorado.
1.3
PUBLIC WORKS DEPARTMENT
• 1111 H STREET
P.O. BOX 632
GREELEy, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970)356-4000,EXT. 3750
wineFAX: (970)304-649T
COLORADO
September 13,2002
Matthew L Delich,P.E.
2272 Glen Haven Drive
Loveland,CO 80538
Re: PZ-613 Cattail Creek, WCR 70 Road Improvements Agreement
Dear Matt:
This is in response to your memorandum of August 28,2002, and to document our telephone conversation of
September 10, 2002.
I agree with your methodology in determining 27%to be the cost allocation for the Cattail Creek development.
•
Roadway stabilization consisting of additional aggregate base course treated with chemical additives is an
appropriate roadway improvement given the level of traffic anticipated at the build out of Cattail Creek. The
cost for material and placement for one mile is approximately$50,000.
Your cost share contemplated stabilizing 0.8 of a mile from the Cattail Creek access east to WCR 31. Because
we anticipate Cattail Creek will generate 40%of its trips west to WCR 29, and because the County would
stabilize the entire mile,the cost share should include the entire mile. Therefore,the cost share for the
development would be ($50,000 X 27%)$13,500. It is my understanding you agree.
This proposal meets the roadway improvements agreement requirement for the change of zone hearing. The
final agreement to be submitted to the Board of Weld County Commissioners for approval will be required with
the final plat application materials.
,_Sincerely
Drew Scheltinga P.E.
Engineering Division Manager
PC:John Shepherdson,Cattail Creek Group LLC
Todd Hodges!Ann Johnson,Todd Hodges Design
Sheri Lockman,Planning
File PZ-613
MAW PflIFStDREW tPlanning1PZS t3 WCR7W geemrnLwpd
•
A^
m MEMORANDOM PFpo AEcsa
m o: wr
U
CO c, TO: John Shepherdson, Cattail Creek Group LLC eie' =a' 1
Todd Hodges, Todd Hodges Design 4• C31..)G" f
eo co Drew Scheltinga, Weld County Public Works -o '
U I--
FROM: Matt Deiich �G
CD
DATE: May 17, 2002
CI LL
SSuBZECT: Cattail Creek Development - Traffic impact study
w (File: 0229ME01)
0
-J•> N The Cattail Creek Development is a nine lot planned unit
m development proposed in Section 9-6-66 in Weld County. Figure 1
O CO shows the location of the Cattail Creek Development. As indicated
w O on Figure 2, eight lots will access WCR70 from a cul-de-sac. A
a r single lot, on a parcel that cannot readily be connected to the cul-
S rn de-sac will have a driveway access to WCR70. Weld County Road 70 and
z Li w z Weld County Road 29 are gravel roads. Drew Scheltinga, Weld County
C7 o Public Works Department, has indicated that the traffic impact study
w a for Cattail Creek Development should determine whether the future
cm traffic will exceed the 200 vehicle per day (vpd) volume threshold=
cat A volume greater than 200 vph on a gravel road will require
mitigation to provide dust suppression. Typically, the mitigation
�^ takes the form of paving the subject road. The determination of the
future traffic volume must consider Current counts, site generated
traffic, and traffic generated from recorded exemptions in the area.
Recorded exemptions are land divisions that have been approved by
Weld County. These land divisions may be occupied by a dwelling unit
at some time in the future. No further approvals are required for
recorded exemptions, therefore, it must be assumed that a dwelling
unit can and will be constructed. In addition, concern was expressed
regarding the separate access to WCR70 from the single lot.
W Daily traffic counts were obtained on May 6 and 7, 2002, at the
locations shown on Figure 3. Raw traffic count data is provided in
a z Appendix A.
W
I Z The Cattail Creek Development will generate approximately 80
V z . daily trip ends from the cul-de-sac and 10 daily trip ends from the
= single lot. The trip distribution for the site generated traffic is
-a shown on Figure 4. The trip distribution is based upon the location
z
o of employment attractions using information contained in the "North
Q a Front Range Regional .Transportation Plan," and in consideration of
the road system in the area. Figure 5 shows the assignment of the
• a site generated traffic on the key unpaved public roads in the
z immediate area of the Cattail Creek Development.
t
F- An additional component of future traffic on the key unpaved
W as public roads in the area is that which is attributed to the recorded
I U exemptions . Research at the Weld County Planning Department
aindicated that there was one recorded exemption in section 9-6-66 and
one recorded exemption in section 16-6-66. These are the recorded
OC I— exemptions that would contribute traffic to the key unpaved roads in
the area_ Other recorded exemptions in the area are either built or
would have little impact on the key unpaved public roads in the area of the
Cattail Creek Development. Traffic from the recorded exemptions that are
built are reflected in the current traffic counts. Traffic from the
unbuilt recorded exemptions are shown in Figure 6.
These two components of the future traffic were added to the current
counts to get a future daily traffic forecast for the key unpaved roads in
the area of the Cattail Creek Development. This is shown on Figure 7. The
daily traffic volumes shown on Figure 7 indicate that no segments of the
key unpaved roads will exceed the 200 vpd threshold. - Therefore, no dust
suppression treatment is necessary for WCR70 or WCR29.
As indicated on the site plan (Figure 2) , eight lots will access
wCR70 via- a cul-de-sac and one lot will access WCR70 via a driveway. The
building envelope for the single lot is not near the cul-de-sac that serves
the eight lots that are clustered. From an operations perspective, the
cul-de-sac and the single lot driveway intersections with WCR70 will
operate acceptably. •
It is concluded that no unpaved road segments in the area of the
Cattail Creek Development will exceed the 200 vpd mitigation threshold_
Connecting the single lot to the cul-de-sac does not appear to be feasible.
The separate driveway and cul-de-sac intersections with WCR70 will operate
acceptably.
n
EATON
GREAT WESTERN R.R.
•
Cattail
Creek
ce
a Al
WCR70
co
N
St-I392
Av1 Nis-roivae eaNRR
SCALE: 1=4000'
SITE LOCATION Figure 1
-- u _
N
•
•
•
1
t
3 Lot9 1
1
'
"`/ r.
Wit
1 .ii
y y 1 ,}c`y. T w
\t° t}ti pen 5 .
—�� ATst\
s !'
Lot.2..: Ar;, it
�'xt 1 y 1Lt4z, YA
budding .r 4 T .
N.
Weld County Road 70
Scale: I "=COG
Figure 2
SITE PLAN
N
as-
� N
Site
41 89
� i ■ i
WCR70
m
Daily
RECENT DAILY TRAFFIC Figure 3
� N
Site
10% - 60%
H _
WCR70
N
TRIP DISTRIBUTION Figure 4
N
intSite
9 54
WCR70
N
■
Daily
--SITE GENERATED DAILY TRAFFIC Figure 5
ce
NJ
Site
2 12
WCR70
Daily
DAILY TRAFFIC FROM RECORDED EXEMPTIONS Figure 6
N
a
c+7
Site
52 127 155
WCR70
CD
CD
r
Daily
TOTAL DAILY TRAFFIC FORECAST Figure 7
APPENDIX A
4.
ii
•'N O
t:ii ti
C',`1g •
. 0.r,O
p.[i el"
..
I
u
aa In
i' -' ur
..1 LI -lao OCO<..00000O0OOCOOO0.IONC,C,OC)[n..,.4R 0- nn_. .,e..C OOO ON C- em
'Libra, .. .In
n: c.
•" 414 • + , 11 [ „ 4 W 4 1 + 4114 { 1 . > . II • • 114 14444444 4 I4 . 4 f•
'L' O
O
N
1+1 .0000CIOC>CI OO 000000000..0.4000•-.O0 NH•+N O41nyO[Jnl➢.iO OO0 ONO $ III hN
1 O n
,[i 0
_
•111 [ 11III1 . , , , , , 44 . 14414 . 14 Y 4Y + 41 , i . s • . 4 , , . a 44 ♦ a
O
( 01
P
r- vO()O[YOC>O(JOp0OOOOO OOO JNGn0O0OOt1GNCNr1N.aN^_.p OG OOpQ.{O... IC
)• VI M n NOV
.1 CO •
In1n
O
41't ni•. 1. •1 1 C
1. m.
I .$�N^`
,
t.
3
0 ri mj0
4 41-4
L1'� us,r•
L n 1:,5
:.. il� .0100:{.LION0 ONNNONv-1,-,4100•'Iel ON.,O.I.iN(H.1. -.00 OOC O0O0,OOON n0N
II -1 0-41.0
it L n I N, N 'An CI O 0 0
10 rl Al
14 .1 , 4 ♦ I „ 111 , . 1 • 444 . 44 . 44 ♦ 4 . 1 144 ,. { 44 •
• y:e
$ :I:y ..__._, ..
F
l .20.-100000.♦0 PIN,.+O(IOo.., 0o0,.C,00 0141+.-Io,O.-.0 0000 oce'o.-1000r n 000
N
( a: N m 00
N .4 4 . 11 . 144 . . 4 i 4. 111 , . . 4. 444 . 4 . 4 ♦ , , 4 ♦ . • 4 . 444 , • , . 10 Y
O
0 •O[JOp:.....0..40".o.-,00.♦,n14O0,..J...-4 O,r,y O-I00O0000000CCCON „ Ci01N re..5h n, CJ, LJ
en.a. o
6.
11')11 r4 I . 4 •. I I • , 44 • - 4 , ♦ 4444 . • . . • • 44 a 44 , 4 . . . 4444 , 1 ♦ . 4 . 440 w
0
INC-•
•
0
- I' CO
A
C`0
rr a 11 11 a I
C n
, v ,, .,
'Y, ay • erne.0On.^,ulC:aar.OOq VI avl0+10.0000Al Cv,c.[ 00 o m 01,0.YC':::ccn,YC0;,oml+� is
..-; ,: r0,,r , otcl1O..n•t o.,nl-[C..un,.0...n•.C..n a . 0•,;ow0-4n-0- 14 n.,.,-0-.1- . , 0 ;] e .
m i ,. I:... .. a... . .. .. O 1111. .. 1111 .. .... .. .. .... .. .. .. 1111 .. .... .... ..
a . ape, N(ir4.,.,.I.:..(JOI;+•+- I..II1 .4 an m n mr'v.n v-rr r 00 c>4 ec 0 C,///•. '0.4a.... in 00 • t
.1.111' it f,.1.J.4,11,:)(50,•0:50 CQp OOC 000 O 0O 0O0 C OOO0 OC C.C.00 CO H,,-t •4 Y'J4
?later $ cl:y Mountain Co::ncs. LW.
For, '-04on. CC 00622 File
Dace: 25/0'/_00:
Other : Phone (203) 641-0445 Fax (3031 057-9191 Pile I.D. : Ca;
Sfr..er enma ,C7. 70 WET .F Ss 29 LNlawn 1.142—Ell +x f.R29
9e.:" Tues. _ -
au Combinedred 1
::-„= ` n .' 'r A: a s-, 19 A.I i CS 1 _ Cec.Slaed
12:00 - . �.j0.. A.H. ?_li_ FL .i.3.
72:15 • - C 0 j0 0 0 ..:40
12:34 0 0 1 0 0 ' 0 0
_2:45 •• 0 0 1 1 0 2
01:•5 0 ; 0 I .. 0 0 - ; a ' I
01:30 . 0 0 I Si0
01:4_ - c i • 0 C - 0 ..
02:00 I . 0 1 1 - 0 • I 0 0 .
0_:15 a i 0 1 • 0 - I 0 0 ,
02:30 0 0 • 0 0 • I 0 0 .
0 0 • 0
03::00 0 I - 1 i 0 0 0 0
03:15 2 1 0 • 2 0 • 0 - 0
03:30 5 • 0 • 2 0 • 0 • 0 •
03:45 1 1 5 0 0 - 0 •
04:00 1 • 0 • 1 0 • 0 _ 0
0 - 0 •
04:1.5 1 • 0 0
1 0 04:30 0 00 1 •
0 1,.1:45 1 1 •
0 • 1 •
115:00 0 0 02 0 - 1 1 •
05:15 1 1 , 0 0 - 0 .
05:30 0 . 0 . 0 0 ' 0 0
09:45 1 - 0 • 0 0 0 .
06:00 0 • 1 • 1 0 • 0 • 0 •
06:15 0 . 0 0 ' 0 - 1 0
06:30 0 • 0 0 0 - 1 ' 1 ,
0 0
06:45 0 • 0 - 0 0 '
07:00 1 0 • 0 0 0 0
1 0
07:15 1 . 0 ' 0 0
07:20 0 0 0 0 - •
0; 1 0 0 , fl
07:45 0 . 0
00:00 0 • 0 3 • 0 • 0 '
00:15 0 -. 00 • 1 p 1 • I
00:30 0 - 0 0 0•0 0 •
08:45 0 . 0 • 0 0 • 0 -
0 0
09:00 0 . 0 • 0 ` 0 •
09:15 0 • 0 •
0 0 • 0 • 0 •
09:30 0 . 0 . 0
0 I • 0 • 1 .
�\ 09:45 0 0 • 0 0 0 ; 0
10:00 0 0 . 0 1 0 1 .
1 • 0 • 1 •
10:15 I 0
1 0
10:30 0 00 0 -
10:45 0 0 - 0 1 • 0 1 •
0 0 •11:0,1 0 0 0 o • 0 •
11:15 0 0 0 0 • I •t a ' 0 '
11:30 • 0 - 0 • 0 0 .
0 0 ' I 0 '
11:45 4' 0 0 4 0 0 1 I 0 9
0 •
toto1r a 23 0 1 0 30
Day Total^ 23 7 d 1 J j 9
20 ' 4 11
2 Total .U1 76.69 .01 23.31 54.59 9.01 27.22 9.04.
Peaks 03:00 12:45 03:00 08:30 12:00 04:00 12:00 07:45 12:00
volume 9 2 11 3 1 1 1 3 0.11.k .45 .25 .55 .37 .25 .25 .25 .37 •`-
/am,
:ea= nrr - — Rocky F'•, -[a::. ts• -
OE C1t4rr Coact 5_:9 C 0000:11070^(:'__
ri_�__ --- - -- ape__ - _17e: - --
c!...v : Phone (303: 641-0445• Fax (303) 857-9191File L0. : CR29NC87C_
Street same :CR. 29 NORTH OF CR 70 1241=S9 LII2-N9 ?acre 1
A4,7::: IYu. 1 o Cc.bined Due8_ :ombtaea
"- ,75•�E .R _:.:!. 10..14. ?.;• 5407 A.M.
: 2 r
12:15 - -1 I ` 0 : • 1 0 - t 0 -
12:30 ' 0 1 • 0 I 0 0 - I - r,. • I 0 -•
- . - 0 , -
00 - C - 1 0 - -
0 1 - 0 1 - 0 0 • 1 -
0 _ • i U •
01:4C - 3 , 0 0 • ' 0 •
02:0: 0 1 ' 0 i • 0 0 r 0 i 0 -
02:15 I I 3 I + 4 0 ' 1 0 0
02:30 - a 1 + 0 1 0 0 0 • 0
fl2:45 2 i 2 1 4 0 ` 0 0
03:04.. 0 1 0 4 0 0 - 0 • i 0 -
03:25 • 1 I 2 • 3 0 • 0 0 •
03:34 2 1 3 0 0 • -
03:45 _. 2 • 0 + 0 • 0 0
04:00 1 - 1 ' 0 0 • 0
04:15 1 • 1 0 ' , 0 0 -
04:30 1 2 • 3 0 • I 0 • 0 •
04:45 1 3 0 0 0 -
05:00 1 - 0 + 1 0 • 0 ' 0 •
05:15 0 • 1 • I 1 0 • I •
05:30 0 0 • 0 • 1 0 -
05:.15 4 0 • 1 • 1
06:00 - 1 • 0 • 0 ❑ •
06:15 U 0 • 0 • 0
06:3U 2 4 6 1 3 4 •
06:45 2 0 , - 2 1 0 1
07:00 1 ` 2 • 3 3 - 6 • 3 •
07:15 1 0 1 3 • 1 4 '
07:30 1 • 1 • 2 1 • 1 +
07:45 0 A I ' 1 1 a 0 1 +
98:00 2 • 0 1 • 3 ' 4
00:15 0 1 1 2 4 •
08:30 1 0 ' 1 2 ' 0
00:45 0 0 0 0 • U II •
00:00 0 - 0 • 0 0 • 2 • -
::15 0 • 0 a 0 2 • 0 • 2
09:30 U • 0 • 0 3 • 1 - 4 •
-:.I 5 1 ' 0 • 1 0 • 1 ' 1 +
, :00 0 + 0 • 0 1 0 *
:15 0 • 0 0 1 1 •
_0:30 - C • 0 ` -0 1 • 0 - -
10:45 0 • 1 - 1 1 • 0 +
12:00 0 • 0 • 0 a - 1 1
I1:15 0 0 • U 1 • 3
11:30 0 - 0 • 0 1 - 3 '
11:45 1 ` 0 1 3 • 5
'F:+ralc 0 41 0 33 0 "74 30 0 20 0 59 0
Day totals 41 33 74 30 29 59
2 Tutal -01 55.43 .08 44-54 50.8s -0% 49.14 _04
Peaks 05:45 05:45 05:45 06:30 06:30 06:30
Volum0 2 2 14 8 10 18
P.0i.1. .87 .43 .58 .66 ..11 .5
r
1 -4n, Jsa.i_Ywr', ' COJCOOOC OODOOOOC : -COp'OD06DOCCDOCJO:ana+.' •I- 11
C a0..,-4'I U U'`.•C N O C J v J J A p,[.C.V'NN!+ ri-?W!+:J W NIINt.I,• •'1,•IJ N'JI•. , l t L.,., 11.•2 n w t'
• I C. Gal-�Oa.Ww O' I Y„ T�t ••p•, aWY 0�': ^i i•.••-•O a.!•r•C.•IJ•.•0..'J•,.C a t•1.0 cr., � ryhily
•1 :1 ANC'-+Ott'^✓i 0 N O N C tI CO O U'O 0^•JiJ:n LACn0:a Cl+0 y.p•A O EP C N 0 Mp lr 04'p v., ts0 , c,e.• re
5't
.-b r,1L E1
Y u r,
a C:0.i W
i)a N
i
0.1v
p C - - . . • . II . I . , a • 1 . 11 . t , • . 4 t • e.
O
3 wm.• •u o g
. w g
pCC •+O00000C DYp wCw Y000 G�Y4J Y.)uNwl:wuur O W•..OOY..I.-•t.:,WN.+ • I ♦ .1
C.
•
0 I
PP p . . . • . . . . . 14441 V 44 . 1fati t'• • t 4 . . . . , . t1 . • 4444 ta , ttt 1•.
O K W .I I )
TW
U
GJV' .:. 400000 OCOYO.+DIJ.•C000wNOw OON-•IJN CWu O•"W V N O Co..N JIJ 1. - I } •
:PI! C
:1.6 '°
0 • I . . 4 . . . . It a 44 , 4 • I -
a
o IY
O - Wry II
O y IV'
a,La to i a t a ri i'C
a.,La Ul •.0000006r+Yr.4'til'aNO00.•VYW.•p Vita F:Lw la C...0 WN PI.•In
r I:•OI)
JAI to 1:
I
A ,[� I I
It I VIi lu
d'IA:1.J Y
it
Nil, O
0 NY 0 0
CO, LiO'I CI
3'.\,I
IJ IJ
u :I. r'
w I)
CYO "A M000WOUYN''ONw.--,1 Wraf N•-'Grr'0-'0000000000301!10302.OOOp•�, .4
W
Li pr
V w-1 II, tC
.. 14
{i_'C , .• 144 . 41 • . . tt r 44414 . 1I . . t t n..DO••
__..._.. _._...._.._. 1
O a
-1 o
14 N
N1,0 0 DONY..tNF•oYDao0.•WONT+NCYNI+OCOOYDOC00000000Y4op00o0 'IY •
na as
c
,41.0 c. 1,4 . 4 . 4 4 '• I I .t 4 t . • • O'+N0`
0
V .I'O
CCI'Ir 41' - 7C '4.9(II:II
0.10 WOO(.aYwNWWOI+U.'.'4a_:0[1-..w1JWuu.I+0uu a00.000000OOW0:1OLIC:COC' SJ Par l.*
P. He 6
0 .1, W
n: J I il
II
Y
I 2-
.a'a<
N.
d ,
Ilp.
v Todd Hodges Design, LLC
Introduction
This outline serves the purpose of defining how the applicant has met the intent of established
criteria for such hearing. The Board of County Commissioners moved to deny the request for
the Change of Zone (PZ-613) due to the potential for incompatibility as an outcome of public
testimony, potential lack of irrigation and domestic water as an outcome of public testimony, and
buffering adjacent properties as an outcome of public testimony. A Public Open House was held
in late April. The Certificate of Mailing and a copy of the letters mailed to Surrounding Property
Owners is included herein. Suggestions were positive and have been incorporated into this
application. A follow-up response to the Surrounding Property Owners is also included herein
with a Certificate of Mailing.
The procedural guide for a Substantial Change Hearing specifies that one of four defined
scenarios must be met to qualify for a Substantial Change hearing. Two of the four listed
scenarios illustrate the criteria this particular application has met. These scenarios, coupled with
details on how the application has been substantially changed from the initial application, are
described below. Criteria scenarios are listed in bold-face type. The explanation of how each
scenario has been met follows each criteria scenario.
A. Within the concept of a new application, the facts and circumstances of which are
substantially changed from the initial application).
1. Has the land-use application substantially changed? (eg, substantial changes
in lot size or density, in internal or external roads, or, in the case of a
rezoning, in the uses proposed)
Lot Sizes
The lot sizes and common open space designation have been substantially changed from
the original Change of Zone application. The internal road design and access point have
also been modified.
The lot sizes have been increased from one acre to four acres in size. This 400% lot size
increase, coupled with the lot arrangement have changed substantially from the previous
proposal. The previous proposal illustrated eight one-acre lots in a row configuration in
the original application materials (PZ-613). The original plat and the revised plat are
attached to application materials. Both plats have been reduced and attached herein. The
lots have been reconfigured based upon public testimony and Board of County
Commissioners comments and resolution. Lots one through eight are now four acres in
size. Public testimony dictated one acre lots arranged in a row formation were not
compatible with surrounding land uses. The applicant has rearranged Lots 1 through 8
around the internal road. The lot sizes for Lots 1 through 8 are also similar in size to
those in the immediate vicinity.
The ninth lot and respective building envelope have not substantially changed in size or
configuration.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(igivest.net
� r
Todd Hodges Design, LLC
Lots 1 through 5 have been extended east to the property line, incorporating flood plain
area. This area is specified and enhanced with a 200 foot setback from the seep/draw
area. Building activities shall not occur within this setback area and shall be noted as
such on all recorded plats and in the Covenants.
The access to the internal road has been moved east by approximately 400 feet. Access
will still occur from Weld County Road 70. The length of the internal road has been
reduced from approximately 1,400 feet to 1,000 feet in length. The Traffic Impact
Report and approval from the Department of Public Works has been included. The
impact to Weld County Road 70 will not change due to this application. The applicant is
proposing the internal road be paved. The applicant is still in agreement with the
proportional share of improving Weld County Road 70 as outlined in support materials
provided with this application.
Common Open Space Designation
Section 27-6-80.B.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, Cattail Creek PUD will provide common open space in
the following manner:
• Lots 1 — 8 will each have "no-build" areas to encompass the lower draw 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 size.
This acreage is 53.869% of the total area covered by Lots 1 — 8 and 11.168% of
the entire site.
• Open space is also accomplished by 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
as well as three acres north of the proposed Lot 5. This common open space area
is 7.9 acres, or 4.456% of the total site. The 75 foot wide buffer will be planted in
a mixture of deciduous and coniferous trees. The minimum sizes of trees to be
planted exceed the standard minimum and is the result of discussions with
adjacent property owners at the April Open House meeting.
• The two components described above total 25.2 acres, or 15.642% of the total site
area.
• All open space areas will be planted in a dryland or native species mix.
Future owners of the property included in this Subdivision will be notified of the Weld
County Right to Farm and the uses allowed in the Agricultural Zoned district of
unincorporated Weld County. Individuals living in the vicinity of this property are living
in an agricultural area of unincorporated Weld County. Many of the existing small
acreage residential lots in the area were created through the Recorded Exemption process.
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (561)613-8775
email: toddhodgesdesign(a?gwest.net
._.._.._. . .
p Todd Hodges Design, LLC
May 16, 2003
Ms. Sheri Lockman, Planner
Weld County Planning Department
1555 North 17s'Avenue
Greeley, Colorado 80634
RE: Cattail Creek, PZ-613, located on Lot C of Recorded Exemption, RE-2637, in part of the
SW4 09-06-66 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Lockman:
Attached you will find an application for a Substantial Change Hearing for the aforementioned
land use application. The attached narrative follows criteria outlined for submitting the
Substantial Change application.
Submitted herein are items above what is required for this particular land use application. This is
due to the applicant's wish to proceed with a Change of Zone hearing rather than the Sketch Plan
should the Substantial Change determination be made. These additional items include an
updated Geology Report, Traffic Study, North Weld County Water District information, Public
Open House Information, and Bonanza Oil and Gas approval.
Your kind consideration of this request is appreciated.
Sincerely,
&n'no
Anne Best Johnson, AIC
Todd Hodges Design, LL
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • lax: (561)613-8775
email: toddhodgesdesign(a)gwest.net
Weld County Treasurer
Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all
property taxes, special assessments and prior tax liens attached to this (these) account(s).
Current year's taxes are due but not delinquent.
Signed: 1(.- ( Date: ;—)1 �01 3
r
r.
Report Date: 03/21/2003 12:43PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8765900
r% 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 0.00 0.00 0.00 2,320.44
TOTAL TAXES 2,320.44
GRAND TOTAL DUE GOOD THROUGH 03/21/2003 2,320.44
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 SOIL 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.
e^ P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext.3290
TETRA TECH RMC
May 12, 2003
Mr. George DuBard
Cattail Group, LLC
304 Immigrant Trail
Windsor, CO 80550
Re: Raw Water Supply System Evaluation
Dear Mr. DuBard:
Pursuant to our proposal dated January 17, 2003, I have completed my evaluation of the proposed
raw water supply system at the Cattail Creek P.U.D. This evaluation is based upon my site
inspection of the property and delivery facilities and also upon information provided by Mr. John
Shepardson and your contracted planner, Todd Hodges Design. This letter report provides a
summary of my observations and conclusions.
OVERVIEW
The subject Cattail Creek P.U.D. is located in Section 9, Township 6 North, Range 66 West of the 6th
P.M.,Weld County, Colorado. The property includes a total of nine lots, eight of which are
residential lots of approximately four acres each and one that is approximately 115 acres within
which 103 acres is irrigated by a center pivot sprinkler system(see Figure 1). The gross area of the
entire property is about 161 acres. It is proposed to irrigate the property with native water rights that
have historically been utilized for irrigation purposes on these same lands. It is proposed to improve
the existing irrigation delivery system to provide a means of delivering water directly from Woods
Lake to the proposed Cattail Creek residential lots. The proposed improvement includes
approximately 700 lineal feet of new pipeline that will connect an existing system of canals and
pipelines.
WATER RIGHTS
Cattail Creek Group, LLC owns 180 shares of stock in the Wood Lake Mutual Water& Irrigation
Company(WLMWIC) and 3.75 shares of stock in the Larimer&Weld Irrigation Company. These
shares were acquired from Shepardson Farm and historically irrigated the Cattail Creek property. It
.-� is proposed to utilize 20 shares of WLMWIC for irrigation of the residential lots and the remaining
160 shares will be utilized to irrigate approximately 103 acres of land under the center pivot.
19O0 5.Sunset Street Suite I-F Longmont.CO 80501
Tel 303.7725282 Fax 303.665.6959
www.ttrmc.com
MTh TETRA TECH RMC
Mr. George DuBard
May 12,2003
Page 2
The Wood Lake irrigation system includes two irrigation laterals (East Lateral and South Lateral) as
shown on the attached Figures 1 and 2. Catttail Creek Group, LLC owns 40 shares of stock in the
East Lateral and 140 shares of stock in the South Lateral. During times when maximum deliveries
are being made through each lateral, Cattail Creek would be allowed to run a maximum of 40 shares
of WLMWIC through the East Lateral and 140 shares of WLMWIC through the South Lateral. The
40 shares of ownership in the East Lateral is more than adequate to convey 20 shares of WLMWIC
to the proposed residential lots. The following table summarizes the share ownership in WLMWIC
and ditch laterals.
Cattail Creek Group
Total Residential Center Pivot
Lots Irrigation
Wood Lake Mutual Water&Irrigation 180 shares 20 shares 160 shares
Wood Lake East Lateral 40 shares 40 shares -
Wood Lake South Lateral 140 shares - 140 shares
Larimer&Weld 3.75 shares 0.50 shares 3.25 shares
Historical records of water deliveries from the Wood Lake system are limited and a detailed analysis
of the expected yield of the water rights has not been performed. However, it is our understanding
that the original allocation of Wood Lake shares was performed such that a single share of
WLMWIC was adequate to irrigate a single acre of land by means of flood irrigation. Utilizing this
general assumption, 20 shares of WLMWIC should be adequate to irrigate 20 acres of land growing a
typical agricultural crop such as alfalfa or corn. The eight proposed residential lots have a gross area
of approximately four acres each. It is estimated that an average of three acres per lot will be
irrigated in addition to 7.2 acres of open space area, resulting in a total irrigated area of 31.2 acres at
the residential area of Cattail Creek. The resulting ratio in WLMWIC shares to irrigated acreage is
0.64 shares per acre(20 shares/31.2 acres=0.64 shares per acre). The proposed residential lots at
Cattail Creek will require irrigation water for purposes of maintaining the growth of native grass at
each lot and within the open space areas. The irrigation water requirement for maintaining native
grass is much lower than that for a typical agricultural crop. An irrigation application of 3.0 feet is
typical for most agricultural crops irrigated by means of flood irrigation. Therefore, it is expected
that the irrigation water supply in the amount of 0.64 shares per acre should provide about 1.9 feet of
application, which is an adequate supply for irrigation of native grass in the residential area of Cattail
Creek.
It is proposed to utilize 160 shares of WLMWIC to irrigate approximately 103 acres of land under
the center pivot sprinkler on the Cattail Creek property. The160 shares of WLMWIC and 140 shares
in the South Lateral should provide a more than adequate water supply for the irrigation of typical
agricultural crops under the center pivot, including corn, alfalfa, and other crops.
n
TETRA TECH RMC
n Mr. George DuBard
May 12, 2003
Page 3
DELIVERY SYSTEM
Water has historically been delivered to the Cattail Creek property through both the East and South
Laterals of the Wood Lake irrigation system. It is proposed that future deliveries to the center pivot
are made through the South Lateral,just as they have been during the last two irrigation seasons. It is
proposed that future deliveries to the residential lots are made through the East Lateral. Deliveries
into the East Lateral are made through a pumping facility located at the south end of Wood Lake.
Water flows by gravity from reservoir storage into a pump sump located near the southeast abutment
of the dam. Two vertical turbine pumps are mounted within the sump and discharge into the East
Lateral. The combined capacities of the two pumps exceed the capacity of the East Lateral; the
pumping system includes redundancy that improves the reliability.
From the pump system to Weld County Road (WCR) 29, the East Lateral is a concrete lined open
channel that travels in a southeast direction for a distance of approximately 3,800 feet. At the west
side of WCR 29, the lateral transitions into an underground pipeline that continues under the road
and toward the east. The pipeline then travels in a southward direction to an existing concrete
control structure. From this point, it is proposed to install approximately 700 lineal feet of new 10-
inch diameter pipeline. The new pipeline will convey water from the control structure to an existing
10-inch diameter pipeline as shown on the attached Figures 1 and 2. From this point, the existing
pipeline will convey water to an existing concrete lined irrigation channel that is located along the
west edge of the proposed residential lots. The new pipeline will bypass the concrete control
structure located at the downstream end of the proposed new pipeline.
The raw water supplied to the concrete lined channel along the west edge of the residential lots will
be utilized to flood irrigate the residential properties and open space areas. It is emphasized
however, that an independent sprinkler system using potable water sources will be utilized to irrigate
any turf grass immediately surrounding the residential structures. It is recommended that the
residential lots be graded such that adequate drainage is provided away from all structures including
homes, garages,barns, and septic systems. For lots 5 through 8, the raw water will be delivered
directly from the existing concrete irrigation channel to the property. For lots 1 through 4, the water
will likely be conveyed from the concrete channel through the open space area,between lots 5 and 6,
and into a new irrigation lateral traversing the west side of lots 1 through 4. It is important that
adequately sized culverts are installed at each driveway and under the access road to ensure proper
drainage and conveyance of irrigation and storm water.
TETRA TECH RMC
/`, Mr. George DuBard
May 12, 2003
Page 4
SUMMARY
The Cattail Creek Group, LLC owns 180 shares of Wood Lake Mutual Water& Irrigation and 3.75
shares of Larimer&Weld Irrigation Company. Shepardson Farm previously owned these water
rights. The water yielded from these water rights has historically irrigated the lands within the
subject Cattail Creek P.U.D. It is proposed to utilize 20 shares of WLMWIC and a raw water
irrigation system to irrigate the proposed residential lots within Cattail Creek. Approximately 700
feet of newly constructed pipeline will be installed in order to deliver the water directly from the East
Lateral of the Wood Lake Mutual Water& Irrigation system to the proposed residential lots. The
water rights and proposed delivery system will provide an adequate irrigation system to maintain the
growth of native grasses at the proposed residential lots.
The remaining 160 shares of WLMWIC will be utilized to irrigate 103 acres under the center pivot
sprinkler on the Cattail Creek property. The water delivered to the center pivot will made through
the South Lateral and it is expected that these water rights will provide an adequate irrigation water
supply for the growth of agricultural crops.
The water rights will be used only on lands historically irrigated with these same shares and
therefore,no expansion of use of these water rights will occur as the result of the Cattail Creek
development.
If you have questions or require additional input,please contact me.
Sincerely,
Tetra Tech RMC
Douglas C. Seely, P.E.
Water Resources Engineer
Attachments
cc: Anne Best Johnson(6 originals, 24 copies)
G:\4542_00 I.dcs\Report\Letter_Rep3.doc
Hello