HomeMy WebLinkAbout20033172.tiff •
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/� September 10,2003 '-
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Weld County Commissioner's
915 10th
Greeley, CO 80631
Re: Docket#:2003-67
Cattail Creek Group,LLC/George DuBard
Dear Commissioner's:
Once again,we are writing with our plea regarding the above change of zone. We had written you 919/2002,and
thank you for reconsidering we,as property owner's,as you did then.
As you can see there have been no substantial change in the facts and circumstances regarding this application. The
same amount of row home(parade of homes)! All of the issues that we listed in our 2002 letter still remain the
same,no paved road,eight homes,not compatible to our area,ruining good farm ground,mineral rights,school
safety,additional traffic, water concern,and dangerous area for children close to green space,no place for their
animals if buyer's were to want them and who would control the homeowner's association.
The is a group of developers that are in need of financial assistance and I don't think that we should have to
accommodate them by thinking this is going to work,only to their financial benefit. I could see this change taking
place if it were being a hardship for a lifetime farmer that could no longer make his financial needs and was going to
make him loose his farm that had been for generations,but this is not the case.
We are asking that you take all concerns of this outlining area into consideration again,and hope that this can be
finalized and not always in the back of everyone's mind.
Th ou,
�r `41-aWilliam (Bill)and Barbara Perusek
34024 WCR 29
Greeley,CO 80631
Enc.
C. EXHIBIT
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2003-3172
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PRELRI:NARY LANDSCAPE PLAN
FOR
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SCHOOLS 14265 Weld County Road 70
Eaton
ELEMENTARY: Eaton $845 000
JUNIOR HIGH: Eaton
SENIOR HIGH: Eaton
INCLUSIONS 161 .43 Acres
180 Shares of Woods Lake Mutual Irrigated cropland with pivot, a
Irrigation Company, 3 3/4 Shares
Larimer-Weld Irrigation Company, and building site and the potential of
additional lateraleral shards, irrigation pie, future development. Close location to
concrete ditch, gated irrigation pipe,
mineral rights, surveys and engineering three major cities, great views, easy
UTILITIES access and Eaton school system. Call
REA Rick or Doug for more details!!
North Weld Water
Septic Marketed by:
Propane Rick Koentopp 970-222-4841 rit THE
Doug Miller 970-481-9444 GROUP
DIRECTIONS Broker Associates/Partners INC.
The Group,Inc. Real Estate
Weld County Road 70 at Weld County (970)221-0700 Office ir Real Estate
,.- 401 W.Mulberry St.
Road 29, between Highway 392 and Fort Collins,Co 80521
Weld County Road 74
Information in this brochure is from sources believed to be reliable,but is not guaranteed.
Distances and measurements are approximate and are subject to correction.
Price $845,000
180 Shares-Woods Lake Mutual Irrigation Co.
Delivery 1 1/2- 1 3/4 Acre Ft Per Share
Value= $1,200 per Share
Larimer/Weld 3.75 Shares
River Water to supply Woods Lake
Value included in Wood Lake Mutual Shares $216,000
Irrigation Pivot $75,000
Concrete Ditch $15,000
Gated Irrigation Pipe $6,300 Estimated
161.43 Acre @ $3,300 per = $532,719
Mineral Rights Lease $1,000-1,500 per year
Crop Lease
101-103 Acre under pivot $150 per Acre
35-38 Acre Flood Irrigate $125 per Acre
Development Potential on Approximately 44 Acres
With 8-4 acre parcels and the balance in Irrigated green belt areas—
Submittal for approval in progress Through Weld County
September 19, 2002
Weld County Commissioner's
915 10`"
Greeley, CO 80631
Re: Case Number: PZ-613
Cattail Creek Group, LLC
Dear Commissioner's:
Attached you will find a copy of our letter that was sent to Weld County Department of Planning
Services as we wanted to share our concerns prior to the above case on 09/17/2002 at 1:30 p.m.
We just wanted you to know that we were just devastated as to how the case was handled from
the word go. We want to make this short but hope you will understand that we weren't listened
to, we were hurried through, one landowner was unable to speak and it just seemed that their
mind was made up and it really didn't matter as to what we had to say regarding:
1. safety on the road gravel, room enough for bus turnaround, open space being in flood
plane and stated by planning services that it would be able to put a very stable fence
because of flood plane, screening of neighbor's to west and possibly the east.
2. water concern; whether it be irrigation or North Weld Water. They are saying that they
have plenty of irrigation water; they are saying that they are bringing 8inch water line
from 392 to their development (at the expense of who99999). We are now at a 2inch line
and all of a sudden they can have an 8inch line!
3. the development is not compatible to the area. We are taking farm ground and turning it
into a strip housing (8 homes), two outbuildings per acre, two additional vehicles
(motorized or not?) outside of what will be parked in a 2 or 3 garage home-does it fit?
4. homeowner's association that will be in charge of what is done with the 30+ open space
area—and no covenant agreement written up yet and was told that they wanted to wait
until meeting with commissioners —does that not leave the door wide open. It was
recommended by one planner to them to have them written up by 10/02/02 but it was not
voted on. It was stated by the manager of the Cattail Creek Group that pretty much
summed it up that they really didn't care what the owner's did with the open space once
it was sold! Also, if folks are coming to live in the country the eye catcher is equine
(where are they going to be)
5. mineral rights —manager has been talking with oil company to have sites capped how can
that happen so quickly to make area more appealing to development.
6. posting of zone change— it was sure unusual that there was going to be a first hearing and
none of us were notified-mistakes can happen and no notices were sent out. It was stated
that a notice was posted of the hearing to be held in August and also stated that it is very
common for no one to see the signs as they get knocked down. no sign of second hearing
was seen either. But, now a sign is up and staying up for the 10/02/02 just seems a little
unusual.
I know you hear hundreds of hearings and pleas but we are asking that you take into
consideration our many concerns and that we be given a fair chance to present our case to all of
you.
Thank you so much, t, it )
Bill and Barb Perusek, 34024 WCR 29, Greeley, CO 80631
September 5, 2002
Bill Gerke; Mike Geile; Glenn Vaad; David Long; Rob Masden; Mike Miller
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
CASE NUMBER: PZ-613, Cattail Creek Group, LLC
Public Hearing, Tuesday, September 17th, 2002 at 1:30 pm
Dear Planning Board:
We live at 34024 WCR 29 and know that this is an area of high agricultural use and this is
certainly not home site area. We are on North Weld Water and by the time the water reaches our
home the pressure is very limited. We have wonderful neighbors and we all know when to water
to make everyone have enough water to set by. We have been contacted by the manager of
Cattail Creek Group, LLC and he stated that there will be an eight inch water line installed and
that there are plenty of water taps. We request to see this in writing.
We have been notified by your department of the above mentioned hearing and we have
concerns and requests that we do not approve of the Change of Zone for the following reasons:
Section 27-2-20, Access standards — The internal roads be curb, cutter and paved, with the entry
way large enough for school buses to exit off WCR 70 for the safety of children. The school
buses should not be aloud to turn north onto WCR 31 as it is a blind corner. The entire WCR 70
must be paved from WCR 31 to WCR 29 because it is heavily traveled at this time, even though
a traffic count was done stating only 41 vehicles traveled in that area, which is not true. The
traffic will not only use WCR 31 but also WCR 29. The stop sign at WCR 29 is very unsafe
because of not being visible all directions and high speed vehicles on WCR 29.
Section 27-6-120.6c —Cattail Creek Group is making the board feel this development would be
compatible or fit into the exiting area. I would recommend that all the board explore the area
because this is not true because there are no subdivisions or one acre home site in miles.
Section 27-6-120.6.d— It would be very difficult to install sewage disposal system because of the
water table sometimes being only down three feet. With the slope of the ground we would say it
would be very unsafe with the flow going towards Coal Creek Ditch and the homeowner's down
stream would have unsafe water and it would create health hazards. We don't know where City
of Greeley comes into the picture but the only way to handle sewage would to tap on to their line
—which might be several miles away.
Section 27-6-120.6.g — We would have an interest in the minerals located under the property
since we do have a share, we would want this to be protected. (, \
Page Two
We have a very big concern to fire protection and rates. We would request that fire hydrants be
put along WCR70 and WCR 31 to protect the neighborhood.
The 30 ± acres of open space behind the homes would be very unsafe for children as in years
past that ditch has a very high flow of water and we won't have dry years forever.
We would appreciate you taking the time consider our concerns.
Sincerely,
William A. "Bill" Perusek
34024 WCR 29
Greeley, CO 80631
Barbara A. "Barb" Perusek
34024 WCR 29
Greeley, CO 80631
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS SEPTEMBER 24, 2003 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-
OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW
IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE
DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST
PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT
WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY.
I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR SCH-23 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person`Posting Sign
'2�C7rIL 4 /C /` 1�� f'I
Signature 6f Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of , 2003.
WITNESS my hand and official seal.
L ,2:4k> ..Lik
Notary Public q
My Commission Expires: / "v2Q ' 2D1)Y"
EXHIBIT
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MORE INFORMATION CALL ' '4' ' 4 T,, ''
--� ' ` ..- WELD COUNTY DEPARTMENT OF ,, ' ' '• --. . :
}, ,' PLANNING SERVICES AT 4
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EXHIBIT
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Criteria for determining a Substantial
Change has occurred :
Weld County Code Compliance
• 2-3-10 Criteria 1: Has the land use application
substantially changed? (e.g., substantial changes in lot
size or density,.in internal or external roads, or, in the
case of a rezoning, in the uses proposed.)
• Eight four-acre lots
• Lot configuration around internal road
• Road position
. Landscaping and buffering
• Lot line extension
• 2-3-10 Criteria 4: Within the concept of a rehearing the
previously denied application, is there newly discovered
evidence that the applicant could not have discovered
with diligent effort at the time of the original
application?
. Irrigation Water Legality
Site Design :
Substantial L'ATTAn, (.-R K P. U.D.
Et'i m & CRRC' YC h5 -
Change ruin.w. ,R •
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Criteria for determining a Substantial
Change has occurred :
Weld County Code Compliance
• 2-3-10 Criteria 1: Has the land use application
substantially changed? (e.g., substantial changes in lot
size or density, in internal or external roads, or, in the
case of a rezoning, in the uses proposed.)
• Eight four-acre lots
• Lot configuration around internal road
• Road position
• Landscaping and buffering
• Lot line extension
• 2-3-10 Criteria 4: Within the concept of a rehearing the
previously denied application, is there newly discovered
evidence that the applicant could not have discovered
with diligent effort at the time of the original
application?
• Irrigation Water Legality
Cattail Creek PUD
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Before Substantial Change
pctuarr
Todd Bodges Design. LLC
1269 North Cleveland Ave. r '
Loveland, Colorado 80537 as '4 --
970-6 13-8556
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EXHIBIT
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DIVISION OF WATER RESOURCES
41161SY WATER COMMISSIONER
Water District Three
1400 Hwy 287 N.
Fort Collins.CO 80624
484-1828
4-16-2003
Dirtmaster The Works Inc.
33681 WCR 13
Windsor, CO 80550
To Whom It May Concern:
I inspected the areas of concern, spelled out in my letter dated 10-14-2002,on 4.11-2003
with David Hekit. The pond was lined with an approved Inner to prevent groundwater
from being exposed, a headgate was Stalled from the wooden diversion box to prevent
water being diverted out of priority and the outlet pipe in the 2cd diversions box was
cemented shut to prevent water from being diverted away from the La Grange Seepage
Ditch.
Everything that was asked for in my previous letter was done and there is no further
action needed. I appreciate your taking care of these concerns in a timely manner.
Thank yo
George Varra, water commission Dist. 3
l0 39tid tibdVA 394039 G3t'_;786 tE :Et E99L/GO/eo
-4/accecy irrigation ur ureetey, tile. 2-7-00
651 "0" Street Date
P.O. Box 307
GREELEY, CO 80632
970-351.7930 County WELD
State CO
LAST NAME OR COMPANY NAME FIRST I INITIAL
JOHN SHEPARDSON
ADDRESS
P.O. BOX 68 WINDSOR, CO 80550
The undersigned purchaser(sometimes called Buyer) hereby agrees to buy from Valley Irrigation of Greeley, Inc. the merchandise,
equipment, and materials, installation and construction work and other items listed below upon the terms and conditions
stated herein and agrees to pay the total amount due under this contract at ,
City County Stale
QUANTITY SIZE DESCRIPTION UNIT PRICE AMOUNT
1678' 12" 80// PVC INSTALLED FROM (4 1 /2' DEPTH) EXISTING
CLAY TILE LINE TO S.E. 6.07' 10,185.46
1 1611 STEEL SURGE TANK TO DUMP INTO NEW CONCRETE DITCH 375.00
1 1211 EPDXY DRESSER COUPLER 130.00
1 12" 45 DEGREE ELBOW 89.40
10,779.86
ADDITIONAL BACKHOE & LABOR
DIG APPROX. 250' (a 5 1 /2' DFFP AND JAY
500' THRU WATER
6 ADDITIONAL HOURS - BACKHOE, OPERATOR
& 2 HELPERS 660.00
INSTAI L CONCRFTF - THRUST RIOCK AT 45 DEGREE ELBOW 60.00
11 ,499.86
THIS CONTRACT IS SUBJECT TO TERMS AND CONDITIONS SHOWN BELOW AND ON REVERSE SIDE.
ILAND OWNER: SOLD BY:
TERMS AND CONDITIONS
1. PAYMENT & LIEN: THIS CONTRACT IS SUBJECT TO ACCEPTANCE BY VALLEY IRRIGATION OF GREELEY, INC. AT ITS OFFICE IN GREELEY,
COLORADO. THE TOTAL AMOUNT OF THIS CONTRACT SHALL BE DUE AND PAYABLE ON OR BEFORE THE 10TH DAY OF THE MONTH FOLLOWING THE
DATE OF INVOICE,UNLESS OTHER CONTRACTUAL TERMS HAVE BEEN AGREED UPON IN ADVANCE IN WRITING. ANY SUMS NOT SO PAID WILL BE IN
DEFAULT. A LATE CHARGE OF P/2% PER MONTH WILL BE IMPOSED ON ALL PAST DUE AMOUNTS. THE EXISTENCE OF ANY DEFECT WHICH VALLEY
IRRIGATION OF GREELEY, INC. MAY BE OBLIGATED TO CORRECT UNDER THE "WARRANTY' PROVISIONS OF THIS CONTRACT WILL NOT EXCUSE
PAYMENT OR JUSTIFY DELAY IN THE PAYMENT OF ANY AMOUNT DUE HEREUNDER.
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