HomeMy WebLinkAbout20082497.tiff 026 RESOLUTION
RE: APPROVE REQUEST CONCERNING REVIEW OF CONDITIONS OF APPROVAL#2.J
AND#2.K FOR CHANGE OF ZONE, PZ#1116-A BETTER JOB, INC., C/O TROY AND
ANGELA HAUER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on May 30, 2007, the Board of County Commissioners approved the
application of A Better Job, Inc., do Troy and Angela Hauer, for Change of Zone, PZ#1116, from
the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for three(3)
lots with E(Estate)Zone uses,with the exception that two(2)cattle per acre be allowed(Lone Tree
Estates PUD), for property which is described as Lot C of Recorded Exemption #3846; being part
of the NW1/4 of Section 27, Township 7 North, Range 65 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS,the request to the Board of County Commissioners for review of Conditions of
Approval #2.J and #2.K for Change of Zone, PZ #1116, was submitted by Troy Hauer, 38515
County Road 41, Eaton, Colorado 80615, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Department of Planning Services and, having been fully informed, finds that this request shall be
approved.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Troy Hauer to delete Conditions of Approval #2.J and #2.K,
and insert a new Condition of Approval #2.J to state, "A shared access and maintenance
agreement shall be recorded and delineated on the plat for all three lots," for Change of Zone,
PZ#1116, be, and hereby is, approved.
111111 It in
9583026 10/08/2008 03:31P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2008-2497
PL1895
RECONSIDER CONDITIONS OF APPROVAL#2.J AND #2.K FOR PZ#1116 - A BETTER JOB,
INC., C/O TROY AND ANGELA HAUER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
_ k. , WELD COUNTY, COLORADO
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._William H. Jerke, Chair
Weld County Clerk to the B rd r
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BY:
De y Cle to the Board
Willis . Garcia
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Date of signature: I ICS
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3583026 10108/2008
2 of 2 ft 0.00 D 0.00 sieve Moreno Clerk& Recorder 2008-2497
PL1895
MEMORANDUM
VICTO: Board of County Commissioners September 10, 2008
COLORADO FROM: Jacqueline Hatch-Drouillard
SUBJECT: Reconsideration of PZ-1116 Lone Tree Estates
The Department of Planning Services is in receipt of a request from Troy Hauer dated August
13, 2008 requesting that PZ-1116 be reconsidered. PZ-1116 is for Lone Tree Estates a three
lot PUD with Estate Use with the exception that two cattle per lot be allowed.
Background information PZ-1116:
Legal Description: Lot C of RE-3846 Pt NW4 of Section 27, T7N, R65W of the 6th P.M.,
Weld County, CO.
Parcel number: 0709 27 200044
Location: East of and adjacent to CR 43; and approximately 1/2 mile north of CR
76
BOCC Approval: Conditionally approved by the Board of County Commissioners on
May 30, 2007.
Acres: 24.7 +/-
The applicant is requesting that the following Development Standards letter J and K (number 10
and 11) be deleted and staff is recommending that a new letter J (number 10) be added.
Letter J (#10)
A Homeowners' Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities, and other facilities,
along with the enforcement of Covenants. Open space restrictions are permanent.
Letter K (#11)
The Homeowners Association shall be responsible for replacing all dead, or dying, plant
material in the open space.
New Letter J (#10)
A shared access and maintenance agreement shall be recorded and delineated on the plat for
all three lots.
The Department of Planning Services and the County Attorney are in support of these changes.
The Department of Planning Services requests that a corrected Change of Zone plat be
submitted for recording with the changes outlined above.
Staff has also reviewed the proposed access and maintenance agreement and are in support of
the document. I have attached a copy of the draft access and maintenance agreement.
2008-2497
DECLARATION OF EASEMENT,MAINTENANCE PROVISIONS
AND RESTRICTIONS
LONE TREE ESTATES PLANNED UNIT DEVELOPMENT
PREAMBLE
THIS DECLARATION is made this day of , 2008 by A Better
Job, Inc., a Colorado corporation, hereinafter referred to as "Declarant".
BACKGROUND OF DECLARATION
A. Declarant is the owner of property more particularly described as follows:
Lot C of Recorded Exemption No. 0709-27-2-RE3846,being part of the NW '/, of
Section 27, T7N, R65W of the 6th P.M., County of Weld, State of Colorado.
B. Declarant intends to subdivide said property as illustrated by the Final Plat of Lone
Tree Estates, a Planned Unit Development("P.U.D.").
C. The P.U.D. shall contain Lot 1, Lot 2, and Lot 3, as so illustrated therein.
D. Lot 2 of the P.U.D. shall have direct access to and from County Road 43. Access to
and from County Road 43 for Lot I and Lot 3 of the P.U.D. shall be by means of an
easement over and across a portion of Lot 2 as described herein.
DECLARATION
NOW, THEREFORE, the Declarant with this Declaration states that the real property
described in the above background statement is and shall be held, transferred, sold,
conveyed and occupied subject to the declared easements, rights and obligations
hereinafter set forth.
I. Background Statements. The foregoing background statements are incorporated
herein by this reference.
Page 1 of 6
2. Declaration of Easement
2.1. Declarant hereby declares, creates and grants, in perpetuity, a non-exclusive
access, drainage and utility easement over and across the Easement Premises
described in Exhibit A and depicted in Exhibit B for the benefit of Lot 1 and its
owners, their respective successors, assigns and personal representatives, and
their invitees for ingress and egress to and from County Road 43, for any
necessary connections to gas, electricity, water, sewer or other utilities, and for
any and all purposes and uses that will not unreasonably interfere with or be
inconsistent with the rights hereby granted to the owners of the other lots in the
P.U.D.
2.2. Declarant hereby further declares, creates and grants, in perpetuity, a non-
exclusive access, drainage and utility easement over and across the Easement
Premises described in Exhibit A and depicted in Exhibit B for the benefit of Lot
3 and its owners, their respective successors, assigns and personal
representatives, and their invitees for ingress and egress to and from County
Road 43, for any necessary connections to gas, electricity, water, sewer or other
utilities, and for any and all purposes and uses that will not unreasonably
interfere with or be inconsistent with the rights hereby granted to the owners of
the other lots in the P.U.D.
2.3. Declarant hereby further declares that the owner(s) of Lot 2 of the P.U.D., their
successors, assigns and personal representatives, and their invitees shall have the
right to use and enjoy the Easement Premises for access and egress and any and
all purposes and uses that will not unreasonably interfere with or be inconsistent
with the rights hereby granted to the owners of Lot 1 and Lot 3 of the P.U.D.
Declarant for itself and its successors and assigns hereby reserves the right to
grant rights in the Easement Premises to other parties and to expand the use of
the Easement Premises.
2.4. Declarant is cognizant of the merger doctrine concerning its present ownership of
both the dominant and servient estates as described by the easement interests
granted herein. It is Declarant's express intent that the easement interests
encumbering Lot 2 for the benefit of Lot 1 and Lot 3 of the P.U.D. described
herein shall not merge with Declarant's present fee interest in said lots, but rather
shall be separate from Declarant's present fee interest, shall run with the land and
shall be appurtenant to Lot 1 and Lot 3 in perpetuity.
Page 2 of 6
3. Maintenance
3.1. The costs of repair,maintenance, clearing, trash removal, snow plowing, street
lighting,utility charges, property taxes, insurance and other expenses of upkeep
and preservation of the Easement Premises shall be shared, as follows:
Party Share
Owner of Lot 1 33 1/3 %
Owner of Lot 2 33 1/3 %
Owner of Lot 3 33 1/3 %
Routine repairs, including repair or replacement of concrete and paving(if any),
clearing, trash removal, grading and snow plowing will be conducted by the
owner of Lot 2, or by appropriate outside person(s), contractor(s)or entity(ies) of
said owner's choice, from time to time as deemed necessary by said owner in the
exercise of its reasonable discretion in accordance with paragraph 3.3.
3.2. The costs of all such expenses shall be billed by the owner of Lot 2 to the owners
of Lot I and Lot 3 in the shares provided herein, and shall be paid within ten (10)
days of receipt of the invoice. In the event an invoice is not paid within 30 days
after the same is due, the amount shall bear interest at the rate of twelve percent
per annum until the same is paid. If an owner shall fail or refuse to pay any such
invoiced amount within said 30 days,such failure shall be considered a default
on the terms of this maintenance provision. The amount of such unpaid invoice
shall constitute a lien upon the defaulting owner's lot, and upon the recording of
notice thereof, such lien shall be constituted upon the defaulting owner's lot prior
to all other liens and encumbrances,recorded or unrecorded, except taxes and
special assessments thereon or thereafter levied by any political subdivision or
municipal corporation of this state and any other state or federal taxes which by
law are a lien on the interest of that party prior to pre-existing recorded
encumbrances thereon. Such lien may be enforced by foreclosure in like manner
as mortgages upon real property. In addition to the right of foreclosure, the
owner of Lot 2 shall be entitled to initiate legal proceedings against the
defaulting lot owner to collect all amounts due hereunder. In any such legal
action or foreclosure, the defaulting owner shall be required to pay all of the
costs and expenses of such proceedings, the costs, expenses and attorney's fees
for filing a notice of claim of lien and all reasonable attorneys' fees incurred in
connection with such foreclosure
3.3. The owner of Lot 2 shall act in a reasonably diligent manner in maintaining and
repairing the Easement Premises. The standard for maintenance and repair for
the Easement Premises to be followed by the owner of Lot 2 shall be comparable
Page 3 of 6
to the standards of maintenance and repair followed in other typical residential
estate zone developments of comparable size within Weld County.
3.4. The following terms and conditions shall govern with respect to repair and
maintenance: (i)the costs and contractor to perform such work in excess of one
thousand dollars ($1,000.00), shall be agreed upon in advance among the owners
of Lots 1,2 and 3, and the costs thereof shall be invoiced in the proportions as set
forth above, and (ii) if the owner of Lot 2 shall fail to properly maintain the
Easement Premises as hereinabove provided, the owners of Lot 1 and Lot 3 upon
written agreement shall have the right, but not the obligation, to maintain and
repair the Easement Premises upon 15 days prior written notice to the owner of
Lot 2 of their intent to do so. Thereupon, the owners of Lot 1 and Lot 3 may
expend such monies as may be required to properly maintain the Easement
Premises and may invoice the owner of Lot 2 as set forth above.
4. Enforcement Provisions
4.1. The lot owners will not use the Easement Premises in a manner inconsistent with
the others' rights of access and use thereof. The lot owners may not plant trees
or shrubs upon the Easement Premises, park vehicles on the Easement Premises,
or place or store any equipment or materials or place or construct any structures,
whether temporary or permanent, on the Easement Premises.
4.2. In the event of violation of the terms of this Declaration of Easement and
Maintenance Provisions by a lot owner, the other owner(s)may give written
notice to the owner in violation at the last known address of such owner. Such
owner shall have 24 hours to remove or correct the violation. If the violating
owner fails to do so, any of the other owners may remove or correct the violation,
if possible, and that owner or owners shall be entitled to reimbursement for all
expenses incurred in conjunction with remedying the violation. Injunctive relief
shall also be available in the event of violation(s)or threatened violation(s) of
this Declaration.
4.3. Each owner, upon request of any of the other owners,will certify from time to
time to any person designated that there are no breaches of this Declaration, or, if
the certifying owner believes that breaches may exist, then such owner shall
specify, in detail,the nature of the breach(es). If any owner fails to respond to
such request within 20 days of the date of the request, such failure to respond
shall be deemed a violation of the terms of this Declaration which shall entitle
the requesting owner to the remedies set forth in paragraph 4.2.
Page 4 of 6
4.4. This Declaration and the terms,conditions and provisions hereof may be
enforced through legal action by any of the owners and their respective
successors, assigns and personal representatives; and in the event legal or
administrative suits or proceedings are brought against any owner for the purpose
of such enforcement, the prevailing owner or owners shall recover from the non-
prevailing owner or owners all costs associated therewith, including,but not
limited to,reasonable attorneys' fees.
4.5. The owner of Lot 2 shall maintain reasonable books and accounts showing and
reflecting the costs and expenses of the maintenance and repair of the Easement
Premises. All such books and records shall be available for inspection by the
owners of Lot I and Lot 3 at any reasonable,mutually agreeable time following a
request to view same.
4.6. The owner of Lot 2 shall provide- and be reimbursed for in the proportions
described above-premiums for liability insurance against claims for bodily
injury, death or property damage occurring on, in or about the Easement
Premises.
5. Rights and Obligations of Successors
The terms of this Declaration shall be binding upon and inure to the benefit of the
owners of Lots 1, 2 and 3 of Lone Tree Estates and their respective successors,
assigns and personal representatives, and the burdens and benefits hereof shall run
with the land and shall be appurtenant thereto.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day of
, 2008.
Declarant
A Better Job, Inc., a Colorado corporation,
By:
Troy Hauer, President
And:
Angie Hauer, Secretary
Page 5 of 6
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, 2008,by TROY HAUER AND ANGIE HAUER, as President
and Secretary, respectively, of A Better Job, Inc., a Colorado corporation.
WITNESS my hand and seal.
Notary Public
(Seal)
My commission expires:
Page 6 of 6
4R �
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Troy Hauer Custom Homes, Inc.
38515 WCR 41
Eaton, Colorado 80615
(970) 302-0401 (970) 834-9050
August 13, 2008
Weld County Commissioners,
We have sincerely appreciated your continued attention to our Lone Tree PUD.
As you know as part of the zoning process for the PUD we were required to develop a
Home Owners Association to maintain any common interests. After discussing this with
our attorney it was suggested that because of the size of the community—only 3 lots—
and the extent of the common areas-which includes only the maintenance of the private
cul-de-sac--an association may be more problematic than practical.
As our council, Brent Coan has suggested that we create a shared access and maintenance
easement agreement. Mr. Coan has discussed this in detail with Kim Ogle and Bruce
Barker. After discussions with your staff we all agree that the easement is a better fit for
this "glorified RE". As instructed we have changed our cul-de-sac from an outlot to a
private portion of lot 2, and as an easement for the benefit of lots 1 and 3. Specifically,
we have revised our final plat to reflect these changes and have developed a recorded
document that defines the maintance agreement between the parcels.
These changes were all done and agreed upon by our attorney and your staff as part of
our administrative review as requested. However, we have recently realized a snag in the
process. It has been brought to our attention that our zoning development standards need
to be amended as they include language describing a HOA.
We have been directed by your attorney to request consideration to amend development
standards numbers 10 and 11 as referred to in our recorded zoning plat. We would like to
strike the language referring to the HOA and replace it with standards including the
shared access and maintenance agreement. As directed by your attorney we believe this
can be accomplished as an agenda item in your general business meeting. We are
requesting to be placed on that docket for this consideration as soon as your schedule
permits so that we may record our final plat as it is fully corrected and being circulated
among your staff for approval.
As this has been an issue of legalities discussed between the county attorney and Mr.
Coan we would request that Mr. Coan's presence be allowed during the meeting to
clarify our proposal.
Again we sincerely appreciate your help and attention to our project.
Best Regards,
Troy Hauer
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