HomeMy WebLinkAbout20060165.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION •
FOR PLANNING DEPARTMENT USE DATE RECEIVED: !0!y /or
RECEIPT#/AMOUNT# /$ CASE #ASSIGNED: Us$K..- Ps-30
APPLICATION RECEIVED BY PLANNER ASSIGNED:
I AM 1 0 0
Parcel Number t) '7 ( �) - C - {r- (7 (0 it 5__ (,
(12 digit number-found on Tax I.D.information obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
�j�grrz,e n NE
es-rmTgS ,information,
1 14 ,4O kec ever P IMF - I3736ic3R , 9`70)
Legal Description p� T E y $-') - Vi Lot 6 9s' Section ge, Township -) North, Range(07 West
Flood Plain: Zone District:t5fi7 fL , Total Acreage: I I: 511 , Overlay District:
Geological Hazard: , Airport Overlay District:
FEE OWNER(S) OF THE PROPERTY:
Name: C"feerese C',r npm (i UirvC� '-ruz-t- `�- Macy I 01,rl5an Iiv.rVcj � rus+
Work Phone# J Home Phone#303-3tq-37 L3 Email Address:
Address: -75(c l e ray -C roil
City/State2ipCode Fcnr*\- . n , (°C' SCI I to
Name:
Work Phone# Home Phone# Email Address:
Address:
City/State/Zip Code
Name:
Work Phone# Home Phone# Email Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: l COsr\ tYk" 'CV)\3',e Q , Mar 4 n Work Phone#C('70 (02 1143 Home Phone# 97(%-U,a/-(i
(p i2I th Email Address:
Address: \OI '7 6 y 392
City/State/ZipCode 1./3‘r-\ , C0 c65 F.;
PROPOSED USE: 2006-0165
&rhoe / !1nn,e Chu lae5
11 EXHIBIT
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
— be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation. ./ f
SignaturtOwner or Authorized Agent?` ,_iDate Signature: "Wrier or Authorized Ag frit Date
} ti, �.esz lC r )(:). C ,n q���
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SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW QUESTIONNAIRE
1. We are looking to relocate our residence and our home business. The property has so
much potential for both. We have been looking to move and relocate our residence
because developers are eager to consume our property for commercial development so
naturally our farm stead will be dozed down. We are exhausted at looking for properties
to relocate that could possibly work for us economically affordable, location, and
practical reasons. We have a custom haystacking and retrieving business since 1990. We
are seasonal and agricultural based. Which means, we have hay equipment and the local
farmers hire us to stack and retrieve the hay on their farm's, We have been up front and
-honest with Mary and George Carlson as owners of newly established Prairie Ridge
Estates. They have no problem With-us living there or see any future problems it could
have.We are
2. The property of Lot 1; Prairie Ridge Estates, previous owner was a sheep feeder and
there are existing buildings on the property. Unfortunately the way the sheep barn is
designed to feed sheep and the unique engineered weight bearing poles in the barn, it is
not practical for estate use. Estate use limits livestock on property, and one can not
remove any poles for equipment storage in the existing barn or feed a lot of livestock.
We are looking at putting up 2 sheds to store our hay equipment in so the property
doesn't look so cluttered on the Estate subdivision. Our business is quiet on location as
residance, it is just driving to and from our local area farmers in the summer months.
3. Prairie Ridge Estates is zoned Estates including Lot 1; It is exempted from buildings
and regulations because it was the original farm stead. The number of buildings is
unusual for an estate lot and the appearance of the buildings are already established. The
Carlson's have also made note of it in the covenants and included that Lot 1 is exempted
from the building requirements, regulations, and appearance and has the Right to Farm.
We are asking to put up sheds. No matter where we place the shed, it will not abstruct
any one else's view now or in the future. It will not hinder any of the other lots the view
of the whole front range, because the views are all to the south and west of the estate
properties. We can also let you(determine the color;so it is more blending with the
location. We are also considering making them look more attractive by adding
accessories to enhance the look of a machine storage shed. In fact, we are concidering
placing one of the sheds in front of the existing sheep shed to hide the appearance of the
unusual looking barn. We respect the estate regulations, zoning, other land and property
owners rights, values, privacy, appearance, as well as ours. We also have an appreciation
for the land, location, and surrounding neighbors and farmers.
4. Prairie Ridge Estates is surrounded with agriculture and a farming community. It
would not change any of its natural surroundings. It will enhance the Lot 1 for it's
existing farm stead and yet respect the estate zoning regulations.
5.a.and b. We are a family of 4 living in the residence. As you know, farming is usually a
family operation. We are no exception, we all help during the season. We only have one
employee that helps us during the busy season. Honestly, the equipment is gone off the
premises long hours during the summer months.
c. Haystacking and Retrieving is agriculturally based. We do not have set hours, we work
long hours during the summer months of hay season,and retrieve hay during the winter
months for local farmers, feeders, and dairies. We try not to work on the holidays.
Basically, it is just home base and all our work is done off the property,k_is just the
matter of driving in and out of the Lot 1. Lot 1 is located in the best location for us
------ ----
because it is right off Weld County Road 84. Our hay equipment can easily go in and
out of Lot 1 behind the house and the sheds to park without ever driving on the estate
drive or any of the other estate properties, or even drive in the estate paved entrance. So
we would have no reason to ever drive through the estate subdivision and it would not
disturb or interfere with any other estates values. The local neighboring agricultural
community will probably make more noise for the estates than us. They will not even
know we are there.
d. We are looking at putting up two pole barn sheds on the site for storage of our
machines. Because our equipment is so big, we are looking at 50' by 1f0' sheds_with 18'
side walls, with as low as we can go with a pitch of the roof It is just as important for us
to keep our expensive machines covered because they are a huge investment. As well as
appearance of the property not looking cluttered. We are forced from our previous
location with numerous sheds. Lot 1 was originally the homestead of the farm and the
Prairie Estates. Honestly, we know there are buildings on the existing property, but
unfortunately the sheep shed is not very practical or engineered by design for much of
anything or its appearance, especially in an estate zoning. There are large and beautiful
trees and landscape so you cannot see the other buildings from the North, Sough, East, or
West. Respectfully it will not interfere with anyone else's view now or in the future.
There is a ditch going through the north side by the road, so no future house building
views would interfere where the location of new buildings would be built. We are asking
for your understanding and consideration of a variance or special revue. We are willing
to take any advice or recommendations to make the improvements look attractive and
enhance the existing property.
e. We will probably only have a few household pets. A small house dog and a couple of
farm cats.
f. Two Kenworth Trucks, Retriever Truck, Two stackwagons, pick-up and trailer will be ( i "m)Tu"/'
going in and out of the site. They do not all run everyday at one time. Basically, the
stackwagons do stack in the summer months and parked for the winter months. Retriever
trucks occasionally retrieve in the summer and more in the winter months. There are
days no equipment is going anywhere due to weather conditions, seasonal, or lack of
business. The average weight of the trucks is 250001bs, stackwagons average of
15,0001bs, retriever is 15000Ibs. At any given day only two would leave the property. It
is not like they go in and out a million times a day either. They usually only leave once in
the mourning and return in the evening or late afternoon.
g. Poudre Fire Authority is the fire protection for the estates with fire hydrants in the
estates.
h.North Weld Water District supplies water to the existing domestic property. We will
not increase the demand of water supply or abuse any waste to water supply. There is
some irrigation if we want to rent water from the north poudre ditch for the pasture out of
the cactus hill ditch.
i, There is a 1500 gallon tank septic system with a leach field. We will not increase any
unusually large amounts of waste or affect the septic system.
j. Storage of hay equipment, parts, tools, vehicles, and miscellaneous items.
6. The existing property has mature evergreen, willow, and cottonwood trees. The trees
are placed to hide the other buildings. There are no trees in the front of the house for a
front range view of the foothills or in the front of the sheep shed. The rest of the property
is planted to pasture with a hay cover crop.
8. Storm water drainage is already planned to go to the estate retaining pond.
9.It will take as long as the construction takes to be built.
10.There will be no stockpile or wastes on this site.
Thank you for letting us share our concerns and appreciation for the use of special
review.
•
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION: n
Business Name: fl &(� in }1a <A art Hr‘r Pe-k -v, „r Phone: 9'l0 (o ?(: -2143
New nddiress
Address: IN. 15 )l Loki 3 92 (1 cocio Cark n, City, ST, Zip: y4;ry sor e i-(w5(G
1II FA.Co1 ir5 CO ?0534
Business Owner: itP„, n U, ebocid, Q. RAG t( n Phone: q70 - (o 8(r .7I
Home Address: l 017'3 Ow <qa City, ST, Zip: IAl„vX r.I Co X 65.50
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
fSneA 'AiA ec 33(4,C)) (6C 1Uin0Ycor 9"70•(At, 2037
a'leloiny IC)nr,ry 0.\gain -294170 ux'(c 15 Q7r7- GA, d9RG
('nAy t✓anett WO(ithrikc3 )7-23(\ (OCR 17 W'r1A -,(,r 9'70 (08(0 553 ?
Business Hours: 8�' 00 > 6 (,(> Days: (n G a d.
Type of Alarm:;None) Burglar Holdup Fire Silent Audible
Name and address of Alarm Company:
Location of Safe:
***..,****************************«.__._**************************************************************************************_****
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: ;2 r7 t, Location(s):
Is alcohol stored in building? CO Location(s):
Are drugs stored in building? N o Location(s):
Are weapons stored in building? N O Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs
of interest. Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical:401 e n xd -4n 3*;1; {y
Gas Shut Off: FO I ♦k
Exterior Water Shutoff: In *he lei 1. A-r 3,cccJ or s-lierI- aeces;
Interior Water Shutoff: ; n 4-1'6 Ut, l;41 ir5he'cO ( nln,,, fl1rxn 'Cula c r,+ lcns )
-12-
•
DECLARATION OF COVENANTS
AND RESTRICTIONS
FOR
PRAIRIE RIDGE ES'T'ATES
ARTICLE I
PREAMBLE
Declarant is the owner of that certain real property described as Lot B of Second Amended
Recorded Exemption #18;3; being part of the NE 1/4 of Section 8, Township 7 North, Range
67 West of the 6th PM,Weld County, Colorado,described on Exhibit"A"hereof(The
Property).The Property has been platted as Prairie Ridge Estates simultaneously with this
declaration. This planned community contains less than 20 units and is not subject to any
development rights and therefore is not subject to the Colorado Common Interest Ownership
Act except for sections 3833-3-105,38-333-to6 and 38-33.3-107.
Declarant desires to develop The Property for residential purposes. Declarant deems it desirable
to subject the Property-to the covenants, conditions and restrictions set forth in this Declaration
in order to preserve the values of the individual lots and to enhance the quality of life for all
owners of such lots.
Declarant therefore declares that all of The Property is and shall be held,transferred,sold,
conveyed and occupied subject to the terms, restrictions,limitations,conditions,covenants,
obligations,liens,right of ways,and easements which are set forth in the Declaration, all of
which shall run with The Property and shall ensure to the benefit of,and be binding upon,all
parties having a right,title,or interest in The Property or a portion thereof,and such person's
heirs, grantees,legal representatives, successors and assigns.
Any restrictions or regulations not addressed specifically shall be in accordance Weld County
Zoning and minor subdivision regulations.
Weld County's Right To Farm:
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 extensively used for agriculture. Persons moving into a rural area
must recognize and accept there are drawbacks, including conflicts with long-standing
agricultural practices and 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,these features which attract urban dwellers to rural Weld County would
quickly be gone forever.
I
Agricultural users of the land should not be expected to change their long—established
agricultural practices to accommodate the intrusions of urban users into rural areas. Well run
agricultural activities will generate off-site impacts,including noise from tractors and equipment:
roads; slow-moving farm vehicles on rural roads; dust from animal pens, fieldwork, harvest,and
gravel roads; odor from animal confinement,silage,and manure smoke from ditch burning; flies
and mosquitos; 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. roz,C.RS.,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.
Weld County covers a land area of over 4,000 square miles in size(twice the state of Delaware)
with more than 3,70o 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 ravel roads,no matter often they are bladed,will not provide
the same kind of surface expected of a paved road. Snow removal priorities mean that roads
from subdivisions to arterioles 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 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.
Children are exposed to different hazards in the country than in an urban or suburban setting.
Farm equipment and oil field equipment,ponds and irrigation 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 II
DEFINITIONS
General:The words and terms defined in this Article shall have the meanings herein set forth
unless the context indicates otherwise.
Association: Shall mean and refer to the Prairie Ridge Estates Homeowners Association, a
Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The
2
members of the Association shall be Lot Owners as defined herein.
Common Areas: Shall refer to all real Property or interest therein owned by the Association and
easements and rights of way for the common use and enjoyment of the Owners,together with
and including, but not byway of limitation, Carlson Court,utilities, and utility easements.
Declarant: Shall mean and refer to Mary F.Carlson Revocable Living Trust and George B.
Carlson Revocable Living Trust, their successors and assigns.
Developer: Shall mean George and Mary Carlson,their successors and assigns.
Developer Responsibilities: Shall refer to the road constructed pursuant to specifications requited
by Weld County known as Carlson Court.
Lot or Parcel : Shall mean any one of the nine building sites shown on the map of the The
Pmperty as shown on exhibit A or upon any subsequent recorded remapping of a portion of The
Property.
Property Owner or Owner or Homeowner: Shall mean and refer to each record owner,whether
one or more persons or entities,of the fee tide to any Residential Lot,but whether such title
interest shall be sole,joint,common,by the entireties,or fractional, and notwithstanding any
applicable theory of the mortgage,shall not mean or refer to the mortgagee unless and until such
mortgagee has acquiteti fee simple tide to the Lot pursuant to foreclosure or a proceeding in lieu
of foreclosure.
The Property:Shall be the same as defined in Exhibit A.
ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
The Property:The Property which is,transfet t ed,sold,conveyed and occupied subject to these
Covenants consists of nine Lots of approximately ten to twelve acres and all of which is located
in Weld County, Colorado and is more particularly described and depicted on the Final Plat
Map, Exhibit A.
ARTICLE IV
MEMBERSHIP IN THE ASSOCIATION
Lot Owners as Members: Every Lot Owner shall be a Member of the Association. Status as a
3
Lot Owner is the sole qualification for membership.
Termination of Ownership Status: Rights to a membership and status as a Member terminates
upon termination of status as a Lot Owner. Upon sale or other conveyance of the Lot Owner's
interest in such I,ot, the selling or conveying I,ot Owner or Lot Owner's shall be relieved of
liability for assessments levied from and after the date of such sale;provided,however, that no
such sale or assignment shall relieve a Lot Owner of liability arising prior to the date of such sale
or assignment is consummated. Acceptance by a purchaser or assignee of such sale or
assignment evidences such purchaser's or assignee's assumption of personal liability for all
Assessments arising from and after the date such sale or assignment is consummated. A sale or
assignment of a lot owner's interest shall be deemed to have occurred for all purposes of these
Covenants and Agreement upon delivery of deed or document of assignment,or upon recording
in the Public Records an instrument of conveyance of such interest.
No Avoidance by Non-Use: No lot owner may avoid the obligations of membership during the
period of ownership by renunciation or abandonment of such Lot Owner's I"nit,or any other act
of abandonment or renunciation.
Voting Rights: Ownership of each Lot shall carry with it one vote. If more than one person
holds an interest in any Lot,all such persons shall be Members:however, the vote for such Lot
shall be exercised as they among themselves shall determine,but in no event shall more than one
vote be east with iespect to any Lot. If any Owner,including Declarant,has a recorded title
interest in more than one Lot,that Owner shall have a voting right with respect to each such Lot
in which he has an ownership interest. The Association shall hold meetings with respect to the
election of Board members and officers and for the purpose of presenting,discussing and
approving budgets and such manner of other business as determined by the Lot Owners and
bylaws. Written notice of annual, regular and special meetings of the Association shall be
delivered in person or by mail to each Lot Owner of record in the manner and at such times as
prescribed by the Bylaws.
ARTICLE V
DUTIES OF THE ASSOCIATION
The Association,for the benefit of the Members,shall provide directly or through suppliers,the
following on a basis which does not discriminate between or among any individual Members or
classes of Members,and which does not give priority to any individuals or groups.
General Duties:Operation,maintenance and repair of any fixtures,structures,mailboxes,
conduits,pipes,signs, landscaping and related facilities now or hear after constructed.
Garbage and Trash Removal:Owners shall coordinate garbage and trash removal with one
removal service in order to minimize heavy truck traffic.
4
Security Services: If deemed necessary by affirmative vote of the Association,procurement of
security services for the protection of the Lot units.
Cash Basis: All business of the Association shall be on a cash basis and it shall not pledge or lien
its assets on borrowings or otherwise.
Operating Fund:The Association shall maintain a Capital Reserve Operating and Maintenance
Fund.
Determining Assessments:Assessments shall be made no less frequently than annually and shall
be based upon a budget adopted not less frequently than annually by the Association.
Assessments shall be apportioned equally among all Lots within the subdivision.
Liability Insurance:A policy or policies insuring the Board,the Association,the Members, and
the Association's employees against any liability to the public or to the Members, incident to the
ownership of any property or interest owned or maintained by the association,and including the
personal liability of the members,with respect to the easements,and exhibit A.
Legal and Accounting: Legal and accounting services as the Board deems necessary or desirable
in connection with operation of the Association or enforcement of the provisions hereof.
Lot Irrigation: One share of North Poudre Irrigation Co.water will be deeded to the Prairie
Ridge I Iomeowners Association to be used by individual Lot Owners as determined by the
Association. One member of the Association will be the designated contact for North Poudre
Irrigation matters as per North Poudre Irrigation's request. The share is conveyed without any
warranty whatsoever with respect to thc delivery of water or thc fact that thc same can be used for
lot irrigation purposes. Irrigation of each individual Lot shall be the sole responsibility of the
individual Lot Owner and is not to be a part of the Homeowner's Association maintenance
responsibilities. The existing irrigation system installed on the nine Prairie Ridge Estates lots
will be used to distribute water to the various lots as desired by the Homeowners with
concurrence of the Association. One share of North Poudre Water, in and of itself,is not
adequate for extensive irrigation of any one lot. The Developer does not warrant nor represent
that said water share will guarantee the Lot Owners any specific quantify of water. However,if
the Association determines excess water will be available during the current year to rent or Ictise,
individual lot owners will be notified of the amounts available and the costs. Should any Lot
Owner desire to rent or lease or purchase shares of North Poudre Irrigation Co.the I.ot Owner
will have access to the irrigation system to deliver the additional water. This Lot Owner will
pay the yearly fees for any additional shares purchased and pay the proportional increased cost of
any additional maintenance on the water system. Should any Lot Owner choose not to
participate in the irrigation system and object to surface pipes on said Lot,the owner shall have
the right to bury said pipe and reconnect the system in a manner to insure original water flow at
the Lot Owner's expense.
Easement Maintenance: The Association shall maintain at common expense entryway signage,
5
lighting, mailboxes, a dedicated right of way known as Carlson Court,buried conduit and
pipelines as necessary for the supply of electrical.water,natural gas services to the extent such
services am available and such conduits and pipelines am not installed or maintained directly by a
utility service company or governmental entity and only if and when it becomes economically
feasible to install same as determined by affirmative vote of not less than 75% of Unit Owners,
and telephone service to a point on or adjacent to each parcel to enable the Unit Owner to
arrange at his or her expense for separately metered service to his or her parcel.
Other Association Requirements: Any other materials,supplier,labor,services, maintenance,
repairs,structural alterations,insurance, taxes or assessments which the Association is required
to secure or pay for pursuant to the terms of these Covenants or by law or which in the discretion
of the Board shall be necessary or proper for its operation or the enforcement of these Covenants;
prodded,however,that if any such materials,supplies,labor,services,maintenance,repairs,
structural alterations,insurance,taxes or assessments are provided for the benefit of some but not
all Lots,the cost thereof shall be specially assessed to the Owners of the benefitted Lots.
Operating Fund: The Association shall maintain a Capital Reserve Operating and Maintenance
Fund as set forth in Article VII.
ARTICLE VI
ASSOCIATION POWERS
Exclusive Power: Except as expressly otherwise provided herein, the duties of the Association
enumerated in Article V shall be exclusively performed by the Association,and any duty to be
performed or right to be exercised by the Association,as enumerated therein,shall not be
performed by any Owner individually without the written consent of the Association. The
Association shall have the exclusive right and obligation to contract for all goods,services and
insurance payment which is to be made from the Maintenance Fund and assessed pro rata to all
Unit Owners as common expense. The Association shall have a reasonable right of entry upon
all Lots to determine compliance with and to enforce the provisions hereof.
Proicct Management: 'l he Association shall have the power to contract with third party
Contractors to provide the management services required to be performed by the Association.
I Jtility Services: The Board shall have the right to permit the provision of any goods or services
from any public utility or public utility company and such contract or arrangement shall constitute
performance on the part of the Board of its obligation with respect to such goods or services
until such time as the contract or arrangement is terminated. '1'o effectuate the foregoing,the
Board may grant such utility easement as maybe required,over,along, across,under and
through Exhibit A for the provision of such utility service.
Right to Cure Owners'or Additional Property Owners'Defaults: Where any Owner or
6
Additional Property Owner has an obligation hereunder to perform any act of maintenance,
preservation,construction,alteration or repair on such Owner's Dwelling Unit or with respect to
any improvements,to any landscaping or with respect to any Forestry Management duties
imposed upon Property Owners pursuant rules and regulations promulgatal by the Architectural
Control Committee, and such Owner fails to perform such work within thirty(30)days after
notice of the need to perform the same and demand for such performance from the Association
(or fails to commence to perform such work and diligently proceed to complete the same where
completion cannot be accomplished with said thirty(30)day period), then the Association shall
have a right to enter upon the Lot to perform the work for the account of the delinquent Owner
or Additional Property Owner. All costs and expenses incurred in connection therewith shall be
assessed against the delinquent Owner as a Special Assessment hereunder,or shall be paid by
the Additional Property Owner on receipt of an invoice for such work.
Maintenance of Roads: Normal maintenance of the Carlson Court roadway will be at the
expense of the Association. No Lot Owner nor the Association shall have the right to obstruct
the roadway except as permitted,if at all. Nothing shall prevent the Association from providing
snowplowing services for such streets at Association expense if approved by affirmative majority
vote of the Association.
ARTICLE VII
MAINTENANCE FUND: ASSESSMENTS
A Capital Reserve and Maintenance Fund shall be maintained through the assessment of each
Lot for payment of common expenses. An initial reserve assessment per Lot not to exceed one
hundred dollars($ioo.00) shall be collected for the calendar year 2005, and thereafter shall be
determined on June 1st of each year commencing June r,2006,by determining the actual costs
for the preceding year plus fifteen percent(15%). Nothing shall prevent the icsrriation from
altering these procedures or declaring special assessments from time to time as deemed
necessary.
ARTICLE VIII
ENFORCEMENT POWERS OF THE ASSOCIATION
Each Annual Assessment and each Special Assessment shall be separate,distinct and personal
debts and obligations of the Member against whose Unit or i hits the same are assessed and
shall be immediately due when made and notice thereof delivered to the Member by mail or
hand delivery. In the event of a breach of any covenant rule or regulation of the Association or
default or defaults in payment of any Annual or Special Assessment in addition to any other
remedies herein or by law provided,the Association may enforce each such obligation as follows:
Section r. Suit at Law or in Equity. The Association may bring a suit at law for unpaid
7
'ssessments or damages or in equity or enjoin a breach of these Covenants. Each such action
must be authorized by a majority vote of the Board of Directors. Any judgment rendered in any
such action shall include,a sum for reasonable attorney's fees.
Section z. Lien. Upon determination of the existence of a default in payment or assessment or
breach or any Covenant,the Board may deliver written notice to the defaulting Member,stating
the date and the amount of the delinquency. If such delinquency is not paid within ten(to)days
after delivery of such notice, the Board may,but is not required to,lien the Unit of such
delinquent Member by filing a Notice of Assessment and Lien Statement("Lien Statement")
with the Clerk and Recorder which shall be a valid lien. All Members waive the right to claim or
assert a homestead exemption as against any such claim of lien. Such claim of lien shall state(i)
the name of the delinquent Member, (2) a legal description of the Dwelling Unit against which
claim is made,and(3) that the claim of lien is made by the Board pursuant to these Covenants
and agreement in an amount equal to the delinquency stated in the claim. The lien so claimed
shall immediately attach as of the due date of the Assessment,subject to perfection by
recordation of the statement of lien in the Records. Each default shall constitute a separate basis
for a lien. Any such default whether or not recorded as a lien shall constitute a lien in accordance
with the provisions of C.R.S.38-33.3-3j6 and may be foreclosed in the manner provided by law for
the foreclosure of a Mortgage. In such action, reasonable attorney's fees shall be awarded to the
prevailing party.
Section 3. Interest. Any such delinquent Assessments shall bear interest at the lesser rate of two
percent(z%)per month or the maximum rate allowable by law,from the date of delinquency
until the date the Assessment is paid in full, such amount to be added to the judgment recovered
by exercise of the rights set forth in Article VIII, Sections t and z, above.
ARTICLE IX
RIGHTS UPON FORECLOSURE
In the event a Mortgage or its nominee succeeds to the interest in a Dwelling Unit or Parcel
through foreclosure(whether judicial or non judicial)or by deed or other conveyance in lieu of
foreclosure,such Mortgage or its nominee shall be a Member of the Association and subject to
all burdens and benefits thereof.
ARTICLE X
CONSTRUCTION OF IMPROVEMENTS
No work improvement,grading;excavation,landscaping,fencing, tree or shrub planting or
removal shall be undertaken upon any Lot or Lots by or on behalf of a Unit Owner without the
prior written approval of the Architectural Control Committee in conformity with the Design
Guide, Exhibit"C"attached,given as provided in Article XII hereof: and in no event shall any
8
structure or improvement of any kind whatsoever be undertaken or permitted outside of the
Building Envelope on each Lot. No mobile homes shall be permitted at any time. All final
construction plans,drawings,and specifications for any structure or improvements whatsorver to
be erected on or moved to any Lot,and the proposed location thereof on any Lot or Lots, the
construction material,the roots and exterior color schemes,any later changes or additions after
initial approval thereof,and any remodeling,reconstruction,alterations or additions thereto on
any Lot shall be subject to the Prairie Ridge Estates Design Guidelines(Exhibit"B"hereto)
and shall be first submitted to the Architectural Control Committee for its approval in writing
before any such work is commenced.
ARTICLE, XI
RESTRICTIONS ON USE
I se: Each Lot shall be used as a single family residence. No noxious or offensive trade or
activity shall be carried on upon any Lot, nor shall anything be done thereon which may, in the
opinion of the Association,be or become an annoyance or nuisance to the neighboring Owners or
residents. For the purposes hereof,leasing or renting of the Dwelling Units for residential
purposes shall not constitute a commercial use or enterprise notwithstanding the provisions of
hotel or resort-type services in connection with such leasing or renting.
Vehicles: No trucks, tractors,trail bikes, recreational vehicles,motor homes,snowmobiles,
campers,trailers,boats or boat trailers or vehicles other than passenger vehicles or utility trucks
with a capacity of one and one-half tons or less and no commercial vehicles shall be parked,
stored or in any manner kept in open view on any easement or any Lot within Prairie Ridge
Estates except in a closed approved garage. A construction trailer used to shelter equipment
during a period of continuous active construction not to exceed six consecutive months is
exempt from these restrictions.
Excavating: No excavation shall be made except in connection with improvements approved as
herein provided. Upon completion of such construction,exposed openings shall be backfilled
and disturbed ground shall be graded and landscaped so that the drainage to adjacent lots is
restored to the original condition and grade.
No signs: No signage of any kind shall be displayed for public view on or from any lot,except
signs associated with the sale of the dwelling units or lots.
Animals and pets: Animals and livestock will be controlled primarily by the Weld County Code
Section 23-1-9o,Table 23-rB for E(Estate)Zoning.The administration of the Weld County
Code will be by the Homeowners Association. Swine will not be allowed. Livestock may be
kept on any lot provided that a corralled area,a fenced pasture and an enclosed barn are provided
for them upon the lot. Under no circumstances shall overgrazing,as determined by the
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Association,be allowed. The keeping of poultry is discouraged. Other animals and livestock
must be approved in writing by the Association. All cats must be spayed or neutered. Dogs
must be kept undcr direct owner control at all times, and not allowed to run at large.
Garbage and trash: No lot shall be used or maintained as a dumping ground for rubbish. All
trash,garbage or other waste receptacles shall be maintained in good,clean condition and
(except on collection days)in a location not visible from any other lot. In interest of keeping road
damage to a minimum from heavy trash trucks all owners will use the same trash company.
Parking and auto repair: No resident shall park any automobiles on any street or lot except
within garages,or driveways. No work of automobile or vehicle repair shall be performed on any
lot in any areas visible from any other lot or mad.
Maintenance of buildings: Each owner of each lot shall maintain the building or buildings upon
each lot such Owner owns, including walkways and paving, in good condition, making all
appropriate repairs and i placements as often as the same shall become necary.
No subdivision: No lot shall be subdivided or utilized for more than one home site without
prior approval of the Association,and applications for such approval shall not be favored in the
absence of extreme hardship or exit aordinary circumstances.
No lien of easement or of association property: No unit owner shall cause or permit the entryway
road easement,nor any item of association owned personality to be subject to any lien or charge
of any nature whatsoever except that a first mortgage or deed of mist or secondary financing may
be placed upon a unit owner's property,which encumbrance shall be subject to the terms and
provisions of these covenants.
Lot One: Lot One is exempt from certain applications delineated in the Covenants and
Restrictions for Prairie Ridge Estates. Improvements and certain accessories are considered
non-conforming due to being in place on Lot One prior to the establishment of Prairie Ridge
Estates. Any new construction or appearance altering changes to Lot r will be submitted to the
Architectural Control Committee for integration along the guidelines of the Covenants and
Restrictions of Prairie Ridge Estates.
ARTICLE XII
ARCHITECTURAL CONTROL COMMITTEE
Composition of architectural control committee: Three persons shall be appointed to act as a
architectural control committee to perform the functions set forth herein. Each appointee must
be qualified to serve on the architectural control committee by virtue of experience,interest or
training and shall serve without compensation. The appointees may but need not to be unit
owners. The Declarant shall make all necessary appointments and removals to the architectural
10
control committee,until the Declarant surrenders the appointment right or no longer owns a
unit whichever occurs first. After such time the association shall make all necessary
appointments and removals to the architectural control committee.
Addresses of architectural control committee members: The address of the architectural control
committee shall be at the address of the principal office of the association. The current record of
the names,qualifications and business addresses of the members of the architectural control
committee shall be kept there. The architectural control committee shall meet at the convenience
of the members thereof and as often as necessary to transact its business,acting on the majority
vote. Applicants for architectural control committee action may,but need not,be given an
opportunity to be heard in support of their applications.
Applications,standards of review and action by architectural control committee: Applications for
architectural control committee approval,the standards by which such applications shall be
reviewed shall be controlled by the Design Guide. The architectural control committee shall not
have the authority to approve any applications for projects that would include significantly
different designs or materials from those permitted in the Design Guide without amending the
Design Guide. A true and correct copy of the Design Guide shall be maintained at all times at
the office of the association and each owner shall be entitled to a copy thereof upon written
request and payment of the copying costs.
Mechanism of approval: When an application is made to the architectural control committee for
any improvement of a lot,a signed and dated written certificate evidencing majority vote of the
architectural control committee is requested before commencing construction of any
improvements on the lot.
No design responsibility: Neither the architectural control committee nor any member or agent
thereof shall be responsible in any way for any defects in any plans or specifications submitted
revised or approved in accordance with the foregoing provisions,nor for any structural or other
defects in any work done according to such plans and specifications.
Limitations: Notwithstanding anything to the contrary herein contained,any work performed
upon any lot which required the prior approval of the architectural control committee shall be
deemed approval unless an action to enjoin or abate the same has been commenced by delivery of
written notice to the owner by the architectural control committee or by the board of directors
within one hundred eighty( i8o)days of the date when the architectural control committee or
board of directors acquires actual knowledge or notice of the commencement or performance of
such work.
ARTICLE XIII
DAMAGE TO OR DESTRUCTION OF BUILDINGS
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Reconstruction: In the event of damage or destruction by fire or other casualty affecting a
building, the owner or owners thereof shall,within six(6)months thereafter either:
(a) diligently commence to rebuild the same in accordance with the terms hereof,or
(b) clear and level the lot, removing all wreckage, debris and remains of the building or
buildings therefrom and leaving the same in a level,clean condition.
Revisions: Upon reconstruction,the building shall be rebuilt substantially in accordance with the
original plans and specifications thereof;provided,however,that the exterior appearance thereof
shall substantially resemble the appearance in form and color prior to such damage and
destruction. Notwithstanding the foregoing, however, the owner of such damaged building
may reconstruct or repair the same in accordance with new or changed plans and specifications
with the prior written consent of the architectural control committee.
ARTICLE XIV
INSPECTION AND AUDIT OF BOOKS AND RECORDS
Any member may,at any reasonable time and at such member's own expense,inspect the books
and records of the association and, in addition,cause an audit or inspection to be made of the
books and records of the association, and the association shall furnish to each member a copy of
the audit of its books and records performed by a certified public accountant.
ARTICLE XV
AMENDMENT
The provisions of these covenants may be amended by an instrument in writing,signed and
acknowledged by seventy five percent(75%)of all property owners. Admendments which
purport to relieve the Owners from the duty to maintain Common Elements(Carlson Court)
will require written consent from the Board of County Commissioners.
ARTICLE XVI
ATTORNEYS' FEES
In any action to enforce the provisions hereof,whether legal or equitable,the prevailing party shall
be entitled to reasonable attorney's fees as fixed by the court.
ARTICLE XVII
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SEVERABILITY
The provisions hereof shall be deemed independent and severable,and the invalidity or partial
invalidity or unenforeeability of any one provision thereof shall not affect the validity or
enforceability of any other provision hereof.
ARTICLE XVIII
BINDING EFFECI
The terms,convenants and conditions herein contained shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. The provisions hereof shall constitute
covenants running with the land,burdening and benefiting each and every part of the property
and every interest therein. In addition,the provisions hereof shall be enforceable in equity as
equitable servitudes upon the land and as covenants in an agreement between owners. The
failure to enjoin a breach or previous breach shall not prevent an action or damages upon any
subsequent breach. Each owner,each mortgage,and each beneficiary of any trust deed by
acceptance of a conveyance which is subject to these covenants and restrictions waives the right
to assert defenses of waiver,estoppel,or desuetude with respect to any failure to enforce a prior
breach.
ARTICLE XIX
INTERPRETATION AND NON-WAIVER
The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform
plan for the development and operation of. Failure to enforce any provision the cof shall not
amstitute a waiver of the right to enforce said provision or any others provisions hereof. In any
conflict between the terms of these restrictions and the terms of the Development Guide,
deemed"more restrictive",the restriction which prevents the greatest variety and intensity of use
shall be deemed to be more restrictive.
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Dated this day of , 2005.
The George B.Carlson Revocable Living Trust
and the Mary F. Carlson Revocable Living Trust
By George B. Carlson,Trustee By Mary F. Carlson,Trustee
STATE OF COLORADO
COUNTY OF DOUGLAS} SS
The foregoing insturment was acknowledged before me this day of , 2005,
by Mary F.Carlson and George B. Carlson,as trustees on behalf of the George B. Carlson
Revocable Living Trust and the Mary F. Carlson Revocable Living Trust,a living trust,duly
organized and existing under the laws of the State of Colorado.
Whitness my hand and official seal.
My commission expires
}
Notary Public
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EXHIBIT B
PRAIRIE RIDGE ESTATES DESIGN GUIDE
i. Protective Covenants
This document shall be called"The Design Guide" to be used as a set of guidelines
for all improvements to the community known as"Prairie Ridge Estates" as legally described in
Exhibit A as established by the"Declaration of Covenants and Restrictions for Prairie Ridge
Estates"in Weld County,Colorado and in accordance with the Bylaws for Prairie Ridge
Homeowners Association,Inc.a Colorado nonprofit corporation.
2. Purpose of Covenants
It is the intention of the Prairie Ridge Homeowners Association, Inc. to maintain a
high quality,clean, safe,uniformly well maintained and desirable semi-rural residential
neighborhood. Therefore,the Association adopts this design guide to control improvements
and structures permitted by this Design Guide.
3. Covenants
A. Site Consideration
The Architectural Control Committee will review each plan for a building in relation to
the specific characteristics of its parcel and its surroundings. The Basic objective is to achieve
compatibility of the building and other improvements with the parcel in relation to its immediate
surroundings and within the Building Envelope on each Lot The site consideration review is,
in summary,specific to the parcel itself.
The location of the main building and outbuildings shall be based on the following:
t. Setback requirements as defined by these Guidelines.
2. Natural and proposed final grade contours.
3. Presence of vegetation,trees,shrubs,and other vegetation.
4. Driveways and off street parking.
5. Appearance of buildings from open space,roads,and other lots will be important
criteria
6. Architectural design shall result in masses that are generally parallel to natural
terrain. If building masses are perpendicular to natural contours,buildings will
accommodate the natural terrain through use of stepped foundation elevations.
j. Site grading and drainage shall minimize required natural grade alterations.
Drainage from lots shall not cause soil erosion nor shall there be excessive
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_ drainage to,or impediment of drainage flows from,adjacent lots.
8. Site grading of a parcel shall not cause cut or fill on adjacent lots, roads,
driveways or open spare.
B. Main Building
Residential Structures
Unless otherwise specifically described herein the term'building"shall refer to the
residential building on the parcel. Only one(i)residential structure shall be
allowed on each parcel. No residential structure shall be occupied prior to receipt
of a Certificate of Occupancy issued by Weld County.
2. Setback Requirements
The following minimum setbacks shall be required in Prairie Ridge Estates:
a. Front Setback ioo feet
b. Side Setbacks 25 feet
c. Rear Setback too feet
The Architectural Control Committee reserves the right to require setbacks other
than set forth preceding if needed to achieve aesthetic or functional harmony with
other objectives of the Design Guidc.
3. Building Size
The minimum finished floor area for the principal residential building is≥000
square feet. Minimum finished floor area for a two story or multi-level
building is 3000 square feet. At least i600 square feet for a two story or multi-
level building must be on the main floor. Minimum square footage requirements
exclude garages,decks,porches,unattached structures and basements.
4. Building I Ieight
No building shall exceed forty(40)feet in height measured from the highest
ground level adjacent to such building to the highest point of the ridge line of
such building. The restriction will be reviewed by the Architectural Control
Committee on a rase-by-case basis. Should unusual topographic features exist on
a specific site,modification to the height limitation may be acceptable.
5. Building Design
Design of the building shall be in compliance with all provisions of the building
codes which are in effect at the time of construction. Designs which are identical
to other homes in Prairie Ridge Estates are prohibited. The exterior of each
home must have a unique appearance. Identical floor plans may be allowed but
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must be approved by the Architectural Control Committee. If identical floor
plans are to be approved,the exterior elevations must be entirely different in
design,character, materials,and the like. Any such identical floor plans shall only
be approved if they have entirely different elevations.
6. Roof
The roof pitch shall be consistent with the architectural style of the proposed
building. the minimum roof pitch allowed on a major roof form is 4:iz. The
pitch of lesser elements such as porches,dormers, etc. may be lower if consistent
with the design. The maximum roof pitch of a major roof form shall not exceed
12:12.
Flat roof designs shall be considered on an individual basis. In order to achieve
an interesting character,expansive roof areas shall be"broken"by varied elevations,
heights, and/or other elements such as dormers,clerestory,or ridge line breaks,
etc.
Roof materials shall be premium grade composition, stone coated steel, tile,slate,
or concrete tile,with the material color being approved by the Architectural
Control Committee.
Roof vents and flashing shall be painted to match the permanent roof color or the
trim color,whichever lessens the visual impact.
;. Siding
Exterior siding may be of cedar or redwood wood,brick, stone,stucco, adobe
board,exterior insulation and finish systems,architectural concrete or synthetic
stone. The use of exterior siding materials must be consistent with the
architectural design. Masonry veneers shall be consistent on all elevations: stone
and brick shall not be used on the exterior of the same building. All exterior finish
materials must be approved by the Architectural Control Committee.
8. Colors
All colors and color combinations shall be approved by the Architectural Control
Committee. Repainting when existing color shade is changed shall require
approval by the Architectural Control Committee. All projections including,but
not limited to,chimney flues,vents,gutters,down spouts, utility boxes,porches,
railings,and exterior stairways,shall closely match the permanent color of the
surface from which they project or they shall be of color approved by the
Architectural Control Committee.
9. Miscellaneous
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a. Foundations. No more than 12 inches of exposed concrete may be visible
on any elevation.
b. Garages. "There shall be a minimum space for three vehicles in each
garage and a maximum of five fully enclosed garage space for each
residence.
c. Windows. Window frames shall be painted a color consistent with the
design characteristics of the building. Window design shall be consistent
with architectural design characteristics of the building in size,
proportions,detail and placement on die elevation. Windows may not be
tinted with any material which is considered for the committee to detract
from the overall design of the building.
d. Elevation Treatments Architectural design shall incorporate a consistent
level of architectural interest throughout and use of walkout or garden
basements,architectural features such as cantilever,window projections,
roof elements, decks,etc.shall be used in such a manner to add contrast
to elevation plane.
e. All designs shall be in compliance with existing building codes.
C. Out Buildings
t. All buildings other than the main residence on a parcel should conform to the
basic features of the main residence as described in Section(b)except for size requirements set
forth therein. Materials used in construction of out buildings will be subject to Association
approval.
2. All out buildings must be approved by the Architectural Control Committee,and
will follow the standard approval pt()CUSS required for the residential structure.
3. A maximum of two(2)outbuildings, in addition to the Residential Structure,
shall be allowed. No quonset type buildings are allowed. No temporary housing or trailers
shall be allowed on any lot.
D. Other Improvements
i. Driveways and private lanes. All driveways and private lanes shall be
constructed entirely of bituminous material,concrete surface,or CDOT class 6 aggregate or
other material as approved by the Architectural Control Committee. Private driveways arc
limited to a maximum width of 18 feet at the street intersection and shall be constructed to
specifications which consider vehicle loads such as trash trucks and moving vans. Driveway
design and layout shall be approved by the Architectural Control Committee.
2. Culverts. Culverts used as part of a driveway,private lane,or other landscaping
improvements shall be sized for the drainage quantities expected to pass through them. The
ends of such culverts shall be cut on a diagonal to match final slopes: these ends shall be treated
with rock or stone rip rap or with wood, stone or concrete retaining walls to prevent erosion of
the slope and channel. All culverts,if required,will be installed at owner expense and meet any
18
additional requirements as specified by Weld County.
3. House address numbers. There shall be no more than one set of house address
numbers posted at the street/driveway entrance for each residence. The numerals must be at
least six inches in height on a contrasting background material and shall be approved by the
Architectural Control Committee.
4. Antennas. All TV, radio or special communication antennas and aerials
including satellite dishes,shall be reviewed for approval by the Architectural Control Committee
and in no event shall be visible from the roadway or from the residence located on another parcel.
5. Exterior mechanical equipment. All exterior mechanical equipment or tanks
shall be incorporated into an architectural element of a dwelling or out building or otherwise
concealed from open view as approved by the Architectural Control Committee.
6. Accessory structures. Accessory structures shall be architecturally compatible
with the dwelling. Dog runs or enclosures for other pets shall be approved by the Architectural
Control Committee.
/• Exterior lighting. Exterior lighting shall be subdued and shall not create an
infringement on adjoining dwellings or properties and shall be approved by the Architectural
Control Committee.
8. Parking areas. All driveways and parking bays shall be reviewed for approval
by the Architectural Control Committee.
9. Landscaping. Landscaping plans shall be submitted to the Architectural
Control Committee for approval. Plans shall depict fences,decks,dog runs,sod seeded areas,
retaining walls,sprinkler system plans and species of nursery materials and any additional items
to be used. Sodding, seeding and planting shall be installed during the growing season
immediately following occupancy.
ro. Awnings. Awnings shall be permitted only upon approval by the
Architectural Control Conunittec.
n. Statues, sculptures,birdbaths and fountains are allowed if approved by the
Architectural Control Committee.
B. Future improvements. Future improvements or modifications that alter or
affect the exterior appearance of an existing dwelling,outbuilding or yard must be submitted for
approval by the Architectural Control Committee. A partial,sample list but not limited to:
Room, porch, or garage additions to main residence.
Barns.
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Repainting.
Decks or patio extensions and deck/patio covers.
Frcc standing flag poles.
14. Fences. All fencing must be approved by the Architectural Control
Committee and must be in keeping with the character of Prairie Ridge Estates. Fencing shall be
installed in compliance with the approved fencing detail for the subdivision. In addition,fences
along the Cactus Hill lateral for lots one through six must be at least 25 feet from the ditch
centerline and must not be of vinyl construction. This is per North Poudre Irrigation
Company's request in order to maintain the ditch. Each homeowner shall be responsible for
maintaining fencing on that homeowners parcel.
THESE GUIDELINES ARE SUBJECT TO CHANGE
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