HomeMy WebLinkAbout20041343.tiff PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
/(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: A portion of the South Half of Sec. 10,T1 N, R67 West of the 6th P.M., Weld County, Colorado
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 146910000012 (12 digit number-found on TAX I.D. or obtained at the Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION: Distant Thunder P.U.D.
EXISTING ZONING AG PROPOSED ZONING P.U.D. Zoning
TOTAL ACREAGE 81.25± OVERLAY DISTRICTS None
-^BROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual) Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME John W.Zadel PHONE (970)539-1083
ADDRESS 4200 WCR Fort Lupton, CO 80621
NAME n/a PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT(if different than above *)
NAME Intermill Land Surveying, Inc.
ADDRESS 1301 N. Cleveland Ave., Loveland, CO 80537
HOME TELEPHONE BUSINESS TELEPHONE (970)669-0516
` ?o\ Co35-gT)S
* If agent is different from the property owner, please submit written documentation from the property owner authorizing
said agent to represent the owner. yc it.ri€42-MILC@alfacsr,'JE
nature: O r or Authorized Agent
EXHIBIT
2004-1343
P-4728
May 02, 2002
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO. 80631
JOHN W. ZADEL DISTANT THUNDER P.U.D.
To Whom It May Concern:
The following is supporting written material for the Planned Unit Development (P.U.D.)Change of Zone Application
Questionnaire for the above referenced proposed P.U.D. situate in the South Half of Section 10,Township 1 North,
Range 67 West of the 6Th. P.M., Weld County, Colorado.
This proposal is for a 8115 +/-acre Planned Unit Development,which is,situate approximately East and adjacent to
Weld County Road 19, 1/4 mile North of Weld County Road 10. This P.U.D.proposal will be a covenant-controlled
development consisting of 9 single-family residential lots(zoned P.U.D.). The residential lots will average
approximately 3.4 acres in size with a traditional wood framed house of one and two stories. The P.U.D. will provide
approximately 48.65k acres of Open Space(No residences shall be allowed on the Open Space Lot.)owned and
maintained by the Homeowners Association.
5.3 REQUIREMENTS FOR SUBMITTAL AS PER P.U.D. ORDINANCE 197
5.3.1 See attached application form and application fee($2,000.00).
5.3.2 Not applicable with this proposal.
5.3.3 See attached certified list of adjacent property owners within 500 feet.
5.3.4 See attached certified list of mineral owners of this property.
5.3.5 See attached Change of Zone Plat.
5.3.6 Please revert to Section 6 of this outline(Specific Development Guide).
Outlined below is response to the Sketch Plan Comments as well as the referral agency comments as received and or
prepared by the Department of Planning Services.
ADHERENCE TO CHAPTER 22 OF THE WELD COUNTY CODE,COMPREHENSIVE PLAN, GOALS
AND POLICIES
A. GOAL 1. "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of
agriculture." The USDA Soil Conservation Service and Colorado State University Cooperative Extension Service
designated this land as "Irrigated land,Not Prime"and"Other". This is based on a generality due to the soil types,
location and the ability to be irrigated. This particular piece of ground is approximately 81.25 acres in size,which does
not lend itself to a larger scale agricultural productivity. At this size, it becomes more expensive to plant,maintain,
fertilize, irrigate and cultivate due to the cost break in larger and/or bulk activities. We feel that by subdividing this
ground, the overall best use for this property is achieved for both the fanning community and the future inhabitants of
Weld County. With the size of the lots proposed, the future owners are still able to participate in small agricultural
activities such as hay,pasture,gardening and 4-H type projects. This still fosters the agricultural value and knowledge
of future"farmers"in the community.
A. Goal 3 "Discourage urban-scale residential,commercial,and industrial development that is not located adjacent to
existing incorporated municipalities."The proposal contains only 9 single-family residential lots that classifies as non-
urban scale development.
P. GOAL 2. Requires adequate facilities and services to assure the health,safety,and general welfare of the present
and future residents of Weld County. All utilities including water,electric and phone are all existing and/or adjacent to
the property and will provide adequate service to this development. The Weld County Sheriff's Department shall
service this development as it has serviced this area in the past. Since there are only nine single family residential lots
within this development, there should be no need for additional officers to maintain the same level of safety and
protection for the future owners and residents of this development. Please refer to the attached Water Supply
Information Summary regarding water service.
SECTION 27-2-210 -Please see the attached documents assuring commitment of water availability. All lots shall be
serviced by Central Weld County Water District.
SECTION 27-2-176 -All lots shall use Individual Sewage Disposal Systems, (ISDS). This has been approved by the
Weld County Department of Public Health and Environment. Two alternatives for 12,000 square foot leach fields are
shown on the Plat. All information regarding the preservation of the secondary absorption fields shall be placed in the
covenants. Please see the attached Zone Change Plat annotating the approximate locations of Primary and Secondary
Absorption Systems. Areas designated for leach fields shall remain free from obstruction and shall be expressed in the
development covenants to insure the future use and protection of the second absorption field envelope. The covenants
should state that activities such as landscaping(i.e. planting of tress and shrubs)and construction (i.e. auxiliary
structures,dirt mounds,etc.)are expressly prohibited in the designated absorption field site.
Please see the attached agreement letter from the Weld RE-8 School District addressed to John Zadel regarding cash
amount for each Estate lot and payment arrangements.
STREET/UTILITY/ACCESS STANDARDS
SECTION 27-6-50 -of the Weld County Code states" Adjacent roadways shall be designated to meet the full typical
section specified in the Weld County Transportation Plan and Chapter 24 of this Code."
An additional 10 feet of right-of-way will be dedicated along the west line of the subdivision. Please see the attached
Zone Change Plat for further detail on the Bus pull off lane and associated easements and/or rights of way dedication
pertaining thereto.
A paved bus-pullout lane will be designed incorporating the use of a mail kiosk. The pullout lane shall be designed
with consideration to the high-speed traffic along Weld County Road 19. Refer to attached road plan and profile for
more information.
The internal road right-of-way for this proposal is 60' in width with a radius of 65 feet for the cul-de-sac as requested
by the Ft. Lupton Fire Protection District as shown on the Plat.
The cul-de-sac roadway has a 50-foot radius as per the request of the Ft. Lupton Fire Protection District to allow for
adequate turn around space for emergency equipment.
All addresses shall be clearly indicated at the entrance of each Lot as per the request of the Weld County Sheriff's
Office to better service the development.
The proposed name for the internal roadway shall be Distant Thunder Road. A stop sign as well as a street sign shall
be placed at the entrance of the roadway. Please see the attached Zone Change Plat for the roadway configuration and
name as well as the location of the subdivision monument sign. All permanent signs and sign structure shall be
delineated on the plat and require building permits.
SECTION 24-6-60—of the Weld County code dictates utility easement standards for county subdivisions. These
standards are strictly enforced by the Weld County Utility advisory Committee, requiring a minimum width of twenty
(20)feet apportioned equally on side and rear lot lines within the development, and a minimum of fifteen(15)feet
allocated along front lot lines. Future submittals shall include the delineation of utility easements on each lot as
required.
LANDSCAPING/OPEN SPACE/HOMEOWNERS ASSOCIATION
Section 22-2-190.2.b(PUD. Policy 4.2)states that a planned development that includes a residential use should
provide common open space free of buildings, streets,driveways or parking areas. This proposal will contain
approximately 47.59 acres of private open space. The open space will be limited to use by the occupants and residence
of the P.U.D. as well as be owned and maintained by the proposed Homeowner's Association. This particular open
space is adjacent to a number of existing tree rows along the South side of the property for esthetic purposes,wildlife
habitation,as well as a natural buffer/screening from adjacent activities to the South. Small easements will also be
dedicated for landscaping and signage near the entrance of the internal road. However, these small areas are not
calculated into the required open space needed for this development.
Landscaping shall be less than 3.5 feet high at maturity if it is located within the site distance triangles.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 22-5-50.A.2.a(O.Policy 1.1)No portion of the open space in located in a flood plain, seep areas,geological
fault areas,and other areas having natural features of public interest.
Section 22-2-60.G.1(A.Goal 7) The layout of the nine proposed lots is anticipated to add a quality of distinction,as
the balanced arrangement of this proposal will pull together the random feel of the existing structures. Occupants shall
be aware that oil and gas processing and storage operations are in the vicinity.
The future occupants of this PUD will be made aware that the agricultural uses of the surrounding land shall not be
considered nuisances so long as they are operated within the law in a non-negligent manner. "Weld County's Right to
Farm" shall be incorporated into the Distant Thunder PUD covenants and subsequent plats.
Please see attached a letter regarding no interest in annexation to the City of Dacono.
Section 22-5-100.B.1 (OG.Policy 1.1)Please see the attached agreement regarding mineral owners as well as a copy of
the letter sent to all people with mineral interests.
Section 27-2-40 of the Weld County Code states that Bulk Requirements(minimum setback,offset, lot size,height of
buildings and lot coverage) in the PUD zone district may be varied from the requirements of a specific zone district.
The size of lots 1,7 and 8 are smaller than the required minimum size of 2.5 acres for the(E)Estate Zone District,
however, we are requesting a variance for lot size since overall densities are met in relation to septic requirements. No
other variances are requested.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
SECTION 24-9-10 Lists subdivision improvements that are the responsibility of the property owner/developer to
complete. Please see attached Preliminary Improvements Agreement.
ENVIRONMENTAL CRITERIA
The Colorado Geological Survey had a few concerns regarding subsurface conditions for this site. As stated in their
referral,these conditions can be overcome by engineered foundations and septic systems. The other concern,wetlands
at the North end of Lot 3,will be examined to ensure compliance with Section 404 of the Clean Water Act. We are
requesting that soils analysis be conducted at the final platting stage. Due to the cost of soils drilling and reports,and
as indicated within the C.G.S. referral stating that present conditions would not preclude development,we would like to
postpone soils work until approval of this Change of Zone.
The Department of Army, Corp. of Engineers had concerns regarding the excavation or discharges of dredged or fill
material into water of the United States, which may include a ephemeral,intermittent and perennial streams,lakes,
ponds or wetlands. There is a small wetland area along the North boundary of Lot 3. Considering the size of Lot 3 and
that the majority of the wetland is in the open space portion of the PUD, we feel that we will have no problem
complying with the provisions included in Section 404 of the Clean Water Act. A 200-foot restrictive setback from the
wetlands area is proposed. This Setback restricts the disturbance of soil and the introduction to new vegetation.
The Platte Valley Soil Conservation District had a few concerns regarding the limitations of the predominant soils
found on the property. These concerns can be overcome by engineered foundations and septic systems. A note shall be
placed on the Landscape Plan regarding notification of the local NRCS office in an effort to maintain grasses and
grazing management.
The Department of Building Inspection had a few concerns.Each building shall require an engineered foundation based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer.
A 50'off-set from the center line of a Panhandle Eastern Pipe Line Company Gas Line Easement to remain free from
all types of permanent structures and plantings has been dclaminated on the plat for the purpose of an access and
maintenance easement from the gas line.
The easement will be identified on all plats to eliminate risk of any structure being built over the gas line.
6. DEVELOPMENT GUIDE REQUIREMENTS
Major Components of the Development Guide
6.3.1 Component One-Environmental Impacts
Noise and Vibration -No noise or vibration is anticipated,other than normal occurrences,within in this development.
The Homeowners Association shall have the ability to site and address(within their power)any complaints of noise or
vibration within this P.U.D.
Smoke,Dust and Odor-Reseeding shall take place after construction in order to limit blowing dust. Erosion control
and dust control methods will be used during and after construction to limit blowing dust. No smoke or odors are
anticipated being a problem within this development other than what is created due to agricultural activities.
Heat, Light and Glare-We feel that these particular impacts are not applicable to this development. This
development is of like development within the area. It is generally at the same elevation as the surrounding areas
therefore it will not be on top of a hill to cause problems such as glare from windows or bright lights that can be seen
for miles. Individual homes shall use standard illumination which will limit the extent of a possible lighting nuisance.
Home illumination standards can be addressed through the restrictive covenants of the P.U.D.
Visual/Aesthetic Impacts-This development will be compatible with surrounding development in that it will contain
relatively the same densities and style of home and out buildings. Utility lines will be underground. Landscaped areas
along with open space will give this development a rural atmosphere which will fit well with residential and agriculture
activities in the area. We feel that this proposal will enhance the immediate area instead of creating negative visual or
aesthetic impacts.
Electrical Interference-This particular impact should not be a problem within this P.U.D. Typical household
appliances are expected such as cordless phones, garage door openers and cellular phones.
Water Pollution- Septic systems shall be installed per Health Department regulations, which will dismiss and/or
minimize any ground water contamination.
Waste Water Disposal-Each lot will contain an individual sewage disposal system as installed per Weld County
Health Department regulations and/or specifications.
Wetland Removal-This site has one small wetland area along the North boundary of proposed Lot 3.There is no plan
in place to remove the wetland. Rather the applicant would like to leave the wetland as is. Due to the size of Lot 3,the
wetland will not interfere with any of the proposed improvements for this site.
Erosion and Sedimentation -Erosion control and reseeding methods will be used during and after construction. The
restrictive covenants will address animal units per lot and the practice of grazing to minimize erosion problems as well
as dust control.
Excavating,Filling and Grading-Normal excavation shall occur during infrastructure installation and the
construction of homes. Construction activities shall be in accordance with standard procedures as well as Weld County
Public Works regulations.
Drilling,Ditching and Dredging-These impacts do not apply to this development.
Air Pollution-This should not be a factor for this development. Only residential development will occur,therefore
pollution, which can be associated with heavy commercial,or industrial uses will not be present.
Solid Waste-This impact does not apply to this development.
Wildlife Removal -Currently, we are not proposing any type of wildlife relocation program. Certain wildlife will
relocate on their own due to the development of this property. Much of the wildlife will stay or frequent the
development due to the proposed acreage of the lots and the amount of open space to be retained. Exotic or endangered
species are not present on the site.
Natural Vegetation Removal -Minimal disturbance of the natural vegetation shall be enforced during construction.
Areas that are disturbed shall be reseeded after construction is completed.
Radiation/Radioactive Material -These impacts do not apply to this development.
Drinking Water Source-Domestic water shall be supplied by Central Weld County Water District. Please see
attached letter received from the Water District.
Traffic Impacts-The low density proposed for this development should have minimal impact on the surrounding
County and State road systems. Adequate County roads are adjacent and/or available to this development. Public
Works, in a referral response received August 31, 2001. indicated that the developer will not be required to submit a
Traffic Impact Study.
6.3.2 Component Two-Service Provision Impacts
Schools-This proposed development would be within the Weld County School District (RE-8). We feel that with the
9 lots proposed for this development,a minimal impact will occur regarding the school district. A referral was received
from the school district and they had no conflicts with this development. Please see attached letter regarding school
district impact fees and agreement.
Law Enforcement-This P.U.D. will be served by the Weld County Sheriffs Department for protection and safety.
We are assuming that no additional patrols will be needed for the additional 9 lots proposed.
Fire Protection-The Ft. Lupton Fire Department will serve this development. It is our intent to meet the Fire District's
needs for fire hydrant placement,and Residential Sprinkler Plans. Please see the attached letter regarding fire hydrant
placement. Construction shall comply with all codes as adopted by the Weld County Board of Commissioners.
Ambulance-Ambulance service will be provided by Weld County Ambulance. The Ft. Lupton Fire Department as
well as Air Life of Greeley will provide additional emergency service. Again,we feel that with the additional 9 lots
proposed, minor impact shall occur regarding Ambulance service. Law Enforcement, Fire Protection and Ambulance
services are based on an as needed basis.
Transportation - Weld County Road 19 is adequate in classification,width and structural capacity to handle the
minimal traffic impact as proposed with this development. Public Works has indicated that the existing roads can
support the expected increase in traffic.
Traffic Impact Analysis-Public Works, in a referral response received August 31, 2001, indicated that the developer
would not be required to submit a Traffic Impact Study.
Storm Drainage. See attached Drainage Plan and Study. The natural drainage for this site generally flows east to west
to the existing barrow ditch along Weld County Road 19. The terrain is relatively flat consisting of 0%to 3%slopes.
The steeper terrain takes place mid way on the property. New drainage facilities will consist of minor rerouting of
immediate historical drainage patterns utilizing barrow ditches along with installation of culverts under the proposed
road and/or driveways as required. Due to the soil types, area of open space and the size of the proposed lots, it is not
believed to impact the existing drainage significantly. Slight increase in runoff is expected due to channelization and
increased imperviousness due to new construction. However, the increase would appear to be insignificant.
We recommend storm water continue to flow overland to the west utilizing new and existing barrow ditches. Due to
the size of the lots, area of the open space,and the expected slight increase in storm water runoff,we do not anticipate
the need for additional detention facilities. Standard barrow ditches along the proposed road should be adequate to
carry all runoff. All structures should be raised above surrounding grade a minimum of two(2)feet to prevent flooding
due to irrigation and storm water.
Utility Provisions. Please see attached letters from Public Service(Electric)and Central Weld County Water District
(Domestic Water). Quest (Telephone) is in the process of supplying a will serve letter and contract. We will submit
their letter as we receive it.
Water Provisions. Please see attached letter from Central Weld County Water District. Central Weld County Water
District shall provide public water for this development. There is an existing water main within Weld County Road 19.
This development will be required to tie into this water main and extend it into the subject property to service all lots.
Each lot shall have an individual tap.
Sewage Disposal Provisions. The Health Department has indicated that an individual on lot septic system will be
adequate for the type of use and size of the proposed development. The nine(9) residential lots will install engineered
individual on lot septic systems per Weld County Health Department regulations and/or specifications.
6.3.2 Component Three-Landscaping Elements
Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into native
grasses in the attempt to preserve water,yet give the development a mature agricultural and natural look. Evergreen
and Ash trees exist within the open space to the South, not only for esthetic purposes but also as a buffer or natural
screening between this development and the uses to the South. We are proposing an entrance sign for this
development. A few evergreen trees will be planted at the entrance of the subdivision for esthetic purposes.
No treatment for the perimeter is proposed with this development other than what exists or is shown on the Landscape
Plan.
Landscaping proposed for this development will be virtually maintenance free. Native grasses will be used for Open
Space ground cover which will require no watering other than Mother Nature. Evergreen trees will be used which also
require little to no additional watering once the tree has been established. As mentioned previously, numerous
evergreen and ash trees exist along the South boundary,which are established and require no additional watering. The
developer/landowner will be responsible for the care of the native grasses and trees until such time the Homeowner's
Association is in place and can assume the responsibilities of the care and maintenance.
Please see the attached improvements agreement.which contains the cost and planting schedule for said landscaping
elements.
6.3.4 Component Four-Site Design
Please revert back to the beginning of this narrative that identifies consistencies and compatibility's as it relates to the
Comprehensive Plan and the existing uses surrounding this development.
This development does not fall within an Overlay District as identified by maps officially adopted by Weld County.
6.3.5 Component Five- Common Open Space Usage
Approximately 47.6 acres will be provided for private open space for the use of the inhabitants of this development.
This area will be private and not available for public use but should be viewed as open space provided to the public to
ensure continued agricultural activities and enhance visual impacts of the development. The open space will be owned
and maintained by a Homeowner's Association that will be established before any lots are sold.
6.3.6 Component Six-Signage
We are proposing an entrance sign for this development. Please see attached Landscape Plan for location and size. A
stop sign along with a street name sign will be erected at the entrance of the P.U.D.
6.3.7 Component Seven-M.U.D. Impact
This proposed P.U.D. does not apply to an M.U.D.
6.3.8 Component Eight-Intergovernmental Agreement Impacts
This proposed P.U.D. does not fall within an Intergovernmental Agreement area.
As always, if you should have any questions,concerns or desire additional information regarding this Planned Unit
Development Change of Zone submittal,please feel free to call me at (970)669-0516.
Sincerely,
INTERMILL LAND SURVEYING,INC.
Steve Stencel
Project Manager
Intermill Land Surveying
-Registered in Colorado&Wyoming-
"�� 1301 N. Cleveland Ave. �...
Loveland, Colorado 80537
(970) 669-0516
Fax: (970) 635-9775
E-mail: intermill@gwest.net
September 9, 2003
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Attention: Chris Gathman, Planner
Subject: PZ-600, Zadel Change of Zone
Dear Chris;
As per our telephone conversation on September 8, 2003, the following is an itemized
response and status for outstanding items that you brought to my attention.
I. Executed Agreements:
A. Dacono Annexation Agreement:
• Attached hereto is a copy of the agreement signed by Dacono.
John Zadel has not signed this agreement yet due to the sewer and
density issues as per the referral from Tetra Tech RMC. John is in
the process of meeting with the City of Dacono to discuss these
issues.
B. Kerr McGee Surface Use Agreement:
• Attached hereto is a copy of the draft Surface Use Agreement.
John is in the process of getting the final signed agreement from
Kerr McGee, which I will forward to you as soon as I receive it.
C. KP Kaufman Surface Use Agreement:
• John Zadel has been trying to negotiate with KP Kaufman for
approximately 2 years now. This is the main reason for the delay
of the Zone Change. John has hired an attorney in an effort to
resolve the situation with KP Kaufman and has had no luck so far.
John simply cannot get a response from KP Kaufman.
2. Irrigation for entrance landscaped areas:
A. John Zadel will purchase bulk water from Central Weld County Water
District to irrigate the entrance area. A temporary meter will be rented
from the water district and connected to the fire hydrant near the entrance
of the subdivision when watering is needed. Watering will continue until
the landscaping is mature and regular watering is not needed.
3. Animal Units allowed within the subdivision and open space:
A. This issue will be better addressed within the covenants at Final Platting.
John will utilize the Estate Zoning bulk requirements for animal units as
follows: "One per acre not to exceed eight (8) animal units per lot". This
will apply to the single-family lots as well as the large open space area.
4. Wetland area:
A. I am in the process of setting up a meeting with Terry McKee with the
Army Corps of Engineers. We feel this wetland area is so small (less than
1 acre) that any type of mitigation or protection will not be needed. This
wetland area was created due to a leak in a water service line. The line
has since been repaired and the wetlands area is decreasing.
I hope this clarifies some of your concerns regarding this Change of Zone application. I
will forward any information on to you as I receive it. Please feel free to call me at (970)
669-0516 with any questions or concerns.
Sincerely;
INTERMILL LAND SURVEYING, INC.
I
Steve Stencel
Project Manager
Cc: John Zadel
AGREEMENT "�
THIS AGREEMENT is made and entered into this /7'tlay of
2003, by and between JZM, LLC, hereinafter referred to as "Owner,"and the CITY F DACONO,
a municipal corporation of the State of Colorado, hereinafter referred to as"Dacono"or"City".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County,
Colorado, with a street address of 4200 Weld County Road 19, Ft. Lupton, CO 80621, and more
particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by
reference (such property is hereinafter referred to as "the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the City, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono
and the Towns of Firestone and Frederick(the"ICPA"); and
WHEREAS, Owner has submitted to Weld County an application for approval of a large-
lot residential subdivision to be located on the Property, which application is pending under Weld
County Case No. S-600; and
WHEREAS, as a condition of any such approval, and pursuant to the ICPA, the Owner is
obligated to execute an annexation agreement with the City; and
WHEREAS, the parties by this agreement desire to set forth their understanding with
respect to annexation of the Property to the City; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the City. Except as expressly provided for herein to
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the City of Dacono Municipal Code, development
1
regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended,
C.R.S. §31-12-101 et seq. This Agreement shall not be construed to preclude further agreements
concerning annexation of the Property to the City or the provision or financing of municipal
services to the Property.
3. Annexation. Owner shall apply for and consent to the annexation of the Property to
the City when requested in writing by the City Council, so long as the Property is eligible for
annexation to the City. The Owner will also sign an annexation petition, or a petition for
annexation election, when requested by the City Council, and will vote for annexation to the City if
an annexation election relating to the Property is held. The City agrees it will not make any request
to Owner under this Paragraph sooner than four years from the date of execution of this Agreement,
unless sooner permitted pursuant to Paragraph 5.
4. Property to he Annexed. The Property the Owner shall annex to the City pursuant to
this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by
reference, or such portion thereof as the City may request. To facilitate any requested annexation of
a portion of the Property, Owner hereby consents to the division of the Property for annexation
purposes only, to the extent such consent is required by C.R.S. §31-12-105(1). Owner shall execute
additional evidence of such consent upon request by the City.
5. Failure to Annex. Appointment of Attorney-in-Fact. In the event Owner fails to
annex the Property to the City as required by this Agreement the City may, at is sole option and
without otherwise limiting its legal rights, bring an action at law or equity, including an action for
specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves,
their successors, transferees, heirs, and assigns hereby irrevocably appoint the City Administrator of
Dacono as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or
petition for annexation election, for voting in any annexation election, and for executing any and all
other documents determined by the City to be necessary for annexation of the Property to the City.
The City Administrator shall exercise the powers under this appointment only upon written request
of the City Council, and only if the Owner and/or its successors, transferees, heirs and assigns have
not signed a petition for annexation within thirty (30) days after receipt of a written request made
pursuant to Paragraph 3. This power of attorney is granted and intended to be valid for the longest
period of time permitted by state statute. In the event the state statute is amended to shorten the
validity of this power of attorney to a period of less than five years, the City may exercise this
power of attorney at any time prior to the expiration of the validity thereof, even if within the four-
year waiting period set forth in Paragraph 3. The City may also require annexation of the Property
at any time in the event the Property is used for purposes other than a large-lot residential
subdivision as the same is proposed or may be approved by Weld County under Case No. S-600.
2
6. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S.
§31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and
assigns to annex the Property to the City under the terms hereof.
7. Annexation Documents. When requested by the City, Owner shall provide at its
expense a legal description, annexation petition, annexation maps, surveys, newspaper publications,
and other reports and documents determined by Dacono to be necessary to accomplish the
annexation of the Property to the City. Dacono shall prepare the annexation impact report.
8. Plat Note. Owner shall include on any subdivision plat for the Property a note
stating as follows: "The property platted herein is subject to that certain Agreement regarding
annexation to the City of Dacono which is recorded at Reception No. [Reception No of this
Agreement will he inserted] of the records of the Weld County Clerk and Recorder. Such
Agreement provides that the property platted herein may be annexed to the City of Dacono."
9. J egislative Discretion. The Owner acknowledges that annexation of the Property is
subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this
Agreement is intended or shall be construed to require the City to annex the Property or to initiate
any annexation proceedings relating to the Property.
10. No Other Annexation. Under no circumstances shall the Property be annexed to
another municipality without the prior written permission of the City Council, which may be
granted or denied in the sole and absolute discretion of the City.
11. Covenants to Run with J.and/Rinding Effect. This Agreement and all covenants
herein touch and concern the real property described in Exhibit A and shall be covenants running
with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the
City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be
recorded with the County Clerk of Weld County, Colorado, at Owner's expense.
12. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative,
governmental, or police powers to promote and protect the health, safety, and welfare of the City
and its inhabitants.
13. Severahility. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, portion, or provision held to be invalid.
3
14. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
15. Amendment. This Agreement may be amended only by mutual agreement of the
City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all
persons or entities having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
16. Fntire Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises, terms, or obligations other than those contained herein, and this Agreement
supersedes all previous communications, representations, or agreements, either verbal or written,
between the parties.
17. Owner. As used in this Agreement,the term "Owner"shall include any of the heirs,
successors, transferees or assigns of Owner, which include, but are not specifically limited to,
owners of individual lots within the proposed subdivision of the Property. All such parties shall
have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if
they were the original parties thereto.
18. Amendments to i.aw. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such City ordinance,
resolution, regulation, or policy, and the parties agree such amendments or revisions shall be
binding upon Owner.
19. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below. Either party by notice
so given may change the address to which future notices shall be sent.
Notice to City: City of Dacono
512 Cherry Street
P.O. Box 186
Dacono, CO 80514
4
•
With copy to: Light, Harrington&Dawes, P.C.
1512 Larimer Street, #550
Denver, CO 80202
Notice to Owner: JZM, LLC
4200 Weld County Road 19
Ft. Lupton, CO 80621
20. Governing l.aw. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
21. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
CITY OF DACONO
By: ` /fa ane C/= a•1.--42O1.... -
Wade Carlson, Mayor
ATTEST:
RTC4 Cam„ ltd (-
NElliot4City Clerk
5
OWNER:
JZM, LLC
By:
John Zadel, Manager
ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF )
The above and foregoing signature of John Zadel as Manager of JZM, LLC was
subscribed and sworn to before me this day of , 2003.
Witness my hand and official seal.
My commission expires on:
(SEAL)
08/13,7003 2 56 PM[kkh]F\Company Shared FoklerelDecono AmmWymMZedel.doc
6
EXHIBIT A
Legal Description
7
GRIFFITHS, TANOUE, LIGHT, HARRINGTON & DAWES, P.C.
ATTORNEYS AT LAW
WRITER SQUARE OFFICE TOWER TEL.(303)298-1601
1512 LARIMER STREET,SUITE 550 FAX(303)298-1627
DENVER,COLORADO 80202 E-MAIL kharrington@g:llaw.com
KATHLEEN KELLY HARRINGTON
November 14, 2001
John Zadel, Manager
JZM, LLC
4200 Weld County Road 19
Ft. Lupton, CO 80621
Re: Annexation Agreement— Weld County Case No. S-600
Dear Mr. Zadel:
Pursuant to our discussion earlier today, enclosed is a revised agreement concerning future
annexation of your property located in unincorporated Weld County. I have made the changes we
discussed, and have also revised Paragraph 8 to clarify that the plat note will refer to the reception
number of this agreement.
Please attach the legal description for this property as Exhibit A,and return the agreement to the City
after it has been executed. Once it has been approved by the Dacono City Council we will send it to
the Weld County Clerk and Recorder for recording,and we will provide you with a copy of the fully-
executed and recorded agreement.
If you have any questions, please contact me.
Sincerely,
GRIFFITHS, TANOUE, LIGHT
HARRINGTON & DAWES, P.C.
By: knit.ty, '► 1
Kathleen Kelly Harringtoi
cc: Karen Cumbo, City Administrator
Sherry Albertson-Clark, City Planner
111401/12 12 Ikkhl F Cowan,\ Shared Folders\Daaono\Annea,:\pmlvadel Iv viol
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2001, by and between JZM, LLC, hereinafter referred to as "Owner,"and the CITY OF DACONO,
a municipal corporation of the State of Colorado,hereinafter referred to as"Dacono"or"City".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County.
Colorado, with a street address of 4200 Weld County Road 19, Ft. Lupton, CO 80621, and more
particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by
reference(such property is hereinafter referred to as "the Property");and
WHEREAS, the Property is located within the Urban Growth Area of the City, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono
and the Towns of Firestone and Frederick(the"ICPA"); and
WHEREAS, Owner has submitted to Weld County an application for approval of a large-
lot residential subdivision to be located on the Property, which application is pending under Weld
County Case No. S-600;and
WHEREAS, as a condition of any such approval, and pursuant to the ICPA, the Owner is
obligated to execute an annexation agreement with the City; and
WHEREAS, the parties by this agreement desire to set forth their understanding with
respect to annexation of the Property to the City;and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the City. Except as expressly provided for herein to
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the City of Dacono Municipal Code. development
1
regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended,
C.R.S. §31-12-101 et seq. This Agreement shall not be construed to preclude further agreements
concerning annexation of the Property to the City or the provision or financing of municipal
services to the Property.
3. Annexation. Owner shall apply for and consent to the annexation of the Property to
the City when requested in writing by the City Council, so long as the Property is eligible for
annexation to the City. The Owner will also sign an annexation petition, or a petition for
annexation election, when requested by the City Council, and will vote for annexation to the City if
an annexation election relating to the Property is held. The City agrees it will not make any request
to Owner under this Paragraph sooner than four years from the date of execution of this Agreement
unless sooner permitted pursuant to Paragraph 5.
4. Property to be Annexed. The Property the Owner shall annex to the City pursuant to
this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by
reference, or such portion thereof as the City may request. To facilitate any requested annexation of
a portion of the Property, Owner hereby consents to the division of the Property for annexation
purposes only, to the extent such consent is required by C.R.S. §31-12-105O). Owner shall execute
additional evidence of such consent upon request by the City.
5. Failure to Annex; Appointment of Attorney-in-Fact. In the event Owner fails to
annex the Property to the City as required by this Agreement the City may, at is sole option and
without otherwise limiting its legal rights, bring an action at law or equity, including an action for
specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves.
their successors, transferees, heirs, and assigns hereby irrevocably appoint the City Administrator of
Dacono as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or
petition for annexation election, for voting in any annexation election,and for executing any and all
other documents determined by the City to be necessary for annexation of the Property to the City.
The City Administrator shall exercise the powers under this appointment only upon written request
of the City Council, and only if the Owner and/or its successors, transferees, heirs and assigns have
not signed a petition for annexation within thirty (30) days after receipt of a written request made
pursuant to Paragraph 3. This power of attorney is granted and intended to be valid for the longest
period of time permitted by state statute. In the event the state statute is amended to shorten the
validity of this power of attorney to a period of less than five years, the City may exercise this
power of attorney at any time prior to the expiration of the validity thereof, even if within the four-
year waiting period set forth in Paragraph 3. The City may also require annexation of the Property
at any time in the event the Property is used for purposes other than a large-lot residential
subdivision as the same is proposed or may be approved by Weld County under Case No. S-600.
2
6. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S.
§31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and
assigns to annex the Property to the City under the terms hereof.
7. Annexation Documents. When requested by the City, Owner shall provide at its
expense a legal description, annexation petition, annexation maps, surveys, newspaper publications,
and other reports and documents determined by Dacono to be necessary to accomplish the
annexation of the Property to the City. Dacono shall prepare the annexation impact report.
8. Plat Note. Owner shall include on any subdivision plat for the Property a note
stating as follows: "The property platted herein is subject to that certain Agreement regarding
annexation to the City of Dacono which is recorded at Reception No. [Reception No. of this
Agreement will be inserted] of the records of the Weld County Clerk and Recorder. Such
Agreement provides that the property platted herein may be annexed to the City of Dacono."
9. Legislative Discretion. The Owner acknowledges that annexation of the Property is
subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this
Agreement is intended or shall be construed to require the City to annex the Property or to initiate
any annexation proceedings relating to the Property.
10. No Other Annexation. Under no circumstances shall the Property be annexed to
another municipality without the prior written permission of the City Council, which may be
granted or denied in the sole and absolute discretion of the City.
11. Covenants to Run with LandBinding Effect. This Agreement and all covenants
herein touch and concern the real property described in Exhibit A and shall be covenants running
with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the
City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be
recorded with the County Clerk of Weld County, Colorado, at Owner's expense.
12. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the City's ordinances or resolutions,or as a waiver of the City's legislative.
governmental, or police powers to promote and protect the health, safety, and welfare of the City
and its inhabitants.
13. Severability. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any lam of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, teen, portion, or provision held to be invalid.
3
14. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
15. Amendment. This Agreement may be amended only by mutual agreement of the
City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all
persons or entities having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
16. Entire Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises, terms, or obligations other than those contained herein, and this Agreement
supersedes all previous communications, representations, or agreements, either verbal or written_
between the parties.
17. Owner. As used in this Agreement,the term "Owner" shall include any of the heirs.
successors, transferees or assigns of Owner, which include, but are not specifically limited to.
owners of individual lots within the proposed subdivision of the Property. All such parties shall
have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if
they were the original parties thereto.
18. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such City ordinance.
resolution, regulation, or policy, and the parties agree such amendments or revisions shall be
binding upon Owner.
19. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below. Either party by notice
so given may change the address to which future notices shall be sent.
Notice to City: City of Dacono
512 Cherry Street
P.O. Box 186
Dacono, CO 80514
4
With copy to: Griffiths, Tanoue, Light, Harrington&Dawes, P.C.
1512 Larimer Street, #550
Denver, CO 80202
Notice to Owner: JZM, LLC
4200 Weld County Road 19
Ft. Lupton, CO 80621
20. Governing Law. The laws of the State of Colorado shall govern the validity.
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
21. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
CITY OF DACONO
By:
Wade Carlson, Mayor
ATTEST:
Nancy Elliott, City Clerk
5
OWNER:
JZM,LLC
!fit
By: � t�
ohn Zadeager
ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF
The above and foregoing signature of John Zadel as Manager of JZM, LLC was
subscribed and sworn to before me this day of , 2001.
Witness my hand and official seal.
My commission expires on:
(SEAL)
11/10/2001 13:03 PM(AAA]F:\Company Shared Folders\Daamo AnnexUenn\Zadeldoc
6
EXHIBIT A
Legal Description
7
WELD COUNTY SCHOOL DISTRICT RE-8
Fort Lupton Public Schools
301 Reynolds Street
303-857-3219 Fax Fort Lupton, CO 80621 303-857-3200
November 21, 2001
John Zadel
4200 WCR 19
Fort Lupton, CO 80621
RE: Agreement for Cash Payment in Lieu of Land Dedication
Distant Thunder P.U.D.
Dear Mr. Zadel:
Enclosed is a draft of an Agreement for Cash Payment in Lieu of Land
Dedication between the Distant Thunder P.U.D. and Weld County School District
Re-8. Basically, I have used the same agreement document that our attorney
draft and that we have used with a couple other developers.
Please let me know if you have any changes that you would like us to
consider.
If you have any questions, please do not hesitate to give me a call at (303)
857-3210.
Sincerely,
Edward J. Mei r
Director of Business Affairs and Auxiliary Services
Enclosure.
esorere A COMMUNITY WHICH BELIEVES EDUCATION IS A SHARED RESPONSIBILITY
AGREEMENT FOR CASH PAYMENT IN LIEU OF LAND DEDICATION
THIS AGREEMENT FOR CASH PAYMENT IN LIEU OF LAND DEDICATION
("Agreement") is entered into this day of , 2001 between WELD
COUNTY SCHOOL DISTRICT RE-8 ("District") and DISTANT THUNDER P.U.D.
("Developer"). This Agreement is made with respect to the following facts.
RECITALS
A. Developer owns the Property identified on Exhibit A hereto which Developer is
seeking to subdivide into approximately 10 parcels to be known as the Distant Thunder P.U.D.
B. Additional school sites and land areas will be necessary to serve the new
development. The parties have agreed that suitable school sites and land areas are not present
within the subdivision. In lieu of a dedication of land by the Developer to the District for a
school site, the District has recommended that the Developer pay the District a per parcel fee of
$939 ("Land Fee") to be used to purchase school sites, to fund capital outlays, and for such other
purposes permitted by law.
C. The District has informed the Developer that the District will not object to the
Developer's subdivision request subject to covenant 3 below, provided that the Developer agrees
to pay the Land Fee according to the terms of this Agreement.
F. The District and Developer are entering into this Agreement as provided by
C.R.S. § 30-28-133(4)(a) and applicable law for the purposes of setting forth their agreement as
to the payment of the Land Fee.
COVENANTS
IN CONSIDERATION of the Recitals and the mutual terms and conditions hereinafter
set forth, the District and Developer agree as follows:
1. Developer shall deliver a copy of this Agreement to the Weld County Department of
Planning Services ("Weld County") in advance of any final action by Weld County 1 concerning
Developer's subdivision application for the Property. Developer agrees that the Land Fee shall
permanently vest and shall be due and payable immediately upon final approval of the
subdivision plat by Weld County. Developer agrees that this Agreement shall be considered part
of the final plat for the subdivision, notwithstanding that the Agreement may not be referred to or
cited in the final plat. In no event shall the Developer record the approved final plat for the
subdivision until full payment of the entire Land Fee has been made to the District.
2. Developer shall make payment to the District for the Land Fee for each parcel in the
subdivision no later than seven (7) days following final plat approval by Weld County. In the
event the District has not received full payment of the Land Fee by said deadline, the District
shall provide written notice of nonpayment to Weld County and to the Developer. If the District
has not received full payment of the Land Fee from the Developer within seven (7) days of
Developer's receipt of the written notice, Developer agrees that final approval of the subdivision
shall be rescinded without further notice to the Developer and without further action by Weld
County. Nothing herein shall preclude the District or Weld County from taking additional action
to rescind the subdivision approval or from obtaining appropriate legal relief. Developer agrees
that the Weld County Commissioners shall have the right, but not the obligation, to pursue legal
relief in the event the Developer fails to comply with the terms or covenants of this Agreement.
3. The parties recognize that the Land Fee provided herein may not be sufficient to provide
adequate educational opportunities to residents of the new subdivision. Nothing herein shall be
construed to limit or waive the District's right to demand or receive bonded indebtedness or an
increase in taxes to be paid by the owner(s) of the Property, nor shall the Property be exempt
from any such tax or levy. The District shall not be precluded from obtaining any other fee or
payment which is authorized by law for building improvements or for educational or school
purposes from the Developer or its successors or assigns, including but not limited to any
purchaser of a parcel located within the Property.
4. The Developer enters this Agreement voluntarily, with full understanding of the data,
facts and reasons the District has identified for requesting payment of the Land Fee, and after an
opportunity to review all laws, which might apply to this Agreement and the District's authority
to demand, receive, and spend the fees. The Developer agrees that the Land Fee is appropriate
and that it forever waives for itself, successors and assigns, including any purchaser of a parcel
located within the Property, any and all rights to challenge the reasons, data and facts on which
the Land Fee has been determined, the adequacy of the nexus between the Land Fee and the
projected impacts of the subdivision upon the District, the legality of this Agreement, or the
District's authority to request, receive, or spend the Land Fee.
5. This Agreement shall have no force or effect in the event the Weld County
Commissioners fail to give final approval to the subdivision plat for the Property.
6. In the event that Developer proposes to amend the plat or replats Distant Thunder P.U.D.
following receipt of final approvals as provided in paragraph 5 such that the density of
development increases, the Developer shall provide written notice to the District at the time it
submits such request to the Weld County Department of Planning Services, and the District may
request a supplemental Land Fee as necessary or appropriate to provide adequate educational
opportunities to the additional students anticipated because of the amendment or replatting.
7. Miscellaneous.
(a) Entire Agreement. This Agreement constitutes the entire agreement
between the parties hereto and supersedes all prior and contemporaneous agreements.
representations and understandings of the parties regarding the subject matter of this Agreement.
No supplement, modification or amendment of this Agreement shall be binding unless executed
in writing by the parties hereto.
(b) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
2
one and the same instrument. Facsimile transmission of an executed counterpart of this
Agreement shall be acceptable and construed as the actual original execution counterpart of this
Agreement.
(c) Assignment. This Agreement shall be binding upon and shall inure to the
benefit of the parties and their respective successors and assigns.
(d) Authority. John Zadel represents and warrants, in his individual capacity
and on behalf of Distant Thunder P.U.D.,that Distant Thunder P.U.D. has taken all action legally
necessary or appropriate to authorize this Agreement as a binding legal obligation of Distant
Thunder P.U.D., and to authorize him to sign this Agreement on the company's behalf.
(e) Notices. All notices and other communications under this Agreement
shall be in writing and shall be given by registered or certified mail (postage prepaid and return
receipt requested), by facsimile transmission (with confirmation of successful transmission) or
by overnight courier service (which obtains a receipt evidencing delivery) and shall be addressed
as follows:
If to Developer:
John Zadel
Weld County Road 19
Fort Lupton, CO 80621
Fax No.: 970-353-5865
If to District:
Weld County School District RE-8
Attention: Stephen Morrison, Superintendent
301 Reynolds Street
Fort Lupton, Colorado 80621
Fax No.: 303-857-3219
With a copy to:
Christopher E. Gdowski
Semple, Miller&Mooney, P.C.
The Chancery Building, Suite 1308
1120 Lincoln Street
Denver CO 80203
Fax No.: 303-861-9608 or 303-832-8418
_ or such other address as any party may designate to the other parties hereto in accordance with
the aforesaid procedure. All notices and other communications shall be deemed to have been
given three (3) days after deposit in the United States mail, upon receipt if sent by facsimile
transmission, or one(1) day after deposit with an overnight courier service, as the case may be.
3
(0 Governing Law. This Agreement shall be construed in accordance with
the laws of the State of Colorado.
(g) Recovery of Litigation Costs. If any legal action or proceeding is brought
for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Agreement, the successful or
prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred
in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The parties intend that in addition to all other legal and equitable remedies available, injunctive
relief and the remedy of specific performance may be utilized in the event of the breach of this
Agreement.
(h) Construction. When the context in which words are used in this
Agreement indicates that such is the case, words utilized shall include masculine, feminine,
neuter, singular and/or plural, as the context admits or requires. This Agreement shall not be
construed more strongly against any party regardless of who was more responsible for its
preparation.
EXECUTED as of the day and year first above written.
Al [EST: WELD COUNTY SCHOOL DISTRICT RE-8
By:
Secretary, Board of Education President, Board of Education
DEVELOPER: DISTANT THUNDER P.U.D.
By:
Zadel
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing Agreement for Cash Payment in Lieu of Land Dedication was
aclarowledged before me this day of , 2001, by a;
_ President of the Board of Education and as the Secretary of the Board of
Education of the Weld County School District RE-8.
Witness my hand and official seal.
4
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Agreement for Cash Payment in Lieu of Land Dedication was
acknowledged before me this day of , 2001, by John Zadel for Distant
Thunder P.U.D., as the Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
kj2wmk/fortheal/cashlieuagm
5
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
DISTANT THUNDER P.U.D.
ARTICLE I—PREAMBLE
Declarant is the owner of that certain real property situate in Weld County, Colorado,described on
Exhibit"A" hereof(the property). The Property has been platted as DISTANT THUNDER P.U.D.
simultaneously with this declaration.
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 fort in the Declaration, all of which shall run with the Property and
shall inure to the benefit of,and be binding upon,all parties having and right,title,or interest in the
Property or and portion thereof,and such person's heirs,grantees,legal representatives,successors and
assigns.
Any restrictions or regulations not addrecced specifically shall be in accordance with Weld County Estate
Zoning, i.e.,number and type of animals allowed on each lot,home occupations,etc.
ARTICLE II—DEFINITIONS
2.1 General:The words and terms defined in this Article shall have the meanings herein set forth
unless the context clearly indicates otherwise.
2.2 Association: Shall mean and refer to DISTANT THUNDER P.U.D. Homeowner's Association, a
Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The
members of the Association shall be Lot Owners as defined herein.
2.3 Common Areas: Shall refer to all real Property or interests 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 by way of limitation,the road Distant Thunder Road,utilities,and utility
easements.
2.4 Developer: Shall mean JZM,LLC.,owner of the Property,their successors and assigns.
2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required
by Weld County known as Distant Thunder Road.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain, repair,and replace the road after the Developer has installed
such facility.
Developer shall plant non-weed natural vegetation in the right of way adjacent to Distant
Thunder Road.
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The Association shall maintain and replace non-weed vegetation after the Developer has planted
such vegetation and said Association has assumed responsibilities.
2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of
the Property described on Exhibit"A"and owned by the"Owner",with the exception of any
"Common Area". No Lot shall hereafter be subdivided except by Declarant..
2.7 Road and Utility Easements: Shall mean and refer to the road Distant Thunder Road and all
utility easements presently existing on the Property or subsequently constructed by the Declarant
on the tracts or parcels of the property. "Roads"and"Utility Easements" shall not include
private driveways or utility extensions constructed by individual Owners to provide access and
utilities to dwellings or other structures located upon such Owner's lot of the Property.
2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a
residence for a single family.
2.9 Subdivision: Shall mean and refer to DISTANT THUNDER P.U.D.
Other terms may be defined in specific provisions contained in the Declaration and shall have the
meaning assigned by each such definition.
ARTICLE HI—USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The
primary residential building must include as a part thereof,a garage,or if a garage is not
included as a part of the residence,then a separate garage structure shall have similar
architectural design and exterior design and appearance consistent with that of the residence
accommodated thereby.
3.1.1 Size: The dwelling space of the residence,exclusive of the garage and open porches,
shall contain a minimum of 1,800 square feet for one-story homes and 2,400 square feet for two
story homes of finished non-basement living space. The maximum height of the residence and
any accessory building is not to exceed thirty(30)feet.
3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted.
3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry,stone,
stucco,or material with a stucco-like appearance. Any vinyl or aluminum sided houses
will not be allowed.
3.2 Accessory Buildings: No more than three(3)accessory buildings in addition to the garage with a
maximum square footage of 5,000 sq.ft. total,which are well constructed and neat of
appearance, must be approved by the ARC. No buildings with a Quonset type appearance are
permitted.
3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting, i.e
barbless wire fencing,wire fencing,natural wood(unpainted),chain link,vinyl, and livestock
panels are allowed.
3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors
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and machinery not being used for maintenance of the lot or other applicable use common on a
small rural lot,and unlicensed vehicles of any kind will not be permitted on the lots,except in
enclosed storage buildings.
3.5 Right of Way and Easements: The area known as Distant Thunder Road is an Access,Utility,
Drainage and Irrigation Easement and is to remain open space;free of buildings,fences,trees,or
shrubs. The developer will ce d non-weed vegetation in the right of way;and thereafter,the
Association will assume responsibility of the maintenance of said right of way. Easements and
non-buildable areas for the installation and maintenance of utilities and drainage facilities are
reserved as shown on the Plat.
Within these easements, no structure,planting or other materials shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of utilities,which
may change the direction of flow of drainage in the easements. If any landscaping or structure is
installed which violates such requirements in the right of way or easements and drainage areas,
the Association may give the Owner written notice to remove such landscaping or structure. If
the Owner fails to remove the landscaping or structure within thirty(30)days of receipt of notice,
the Association my have such work done at the expense of the Owner of the lot. If the work is
done by the Association at the Owner's expense,the Owner shall pay for such work within ten
(10)days after notice is given in writing to the Owner as to the cost of such work. In the event of
failure to pay within that time and if the Association thereafter incurs any attorney's fees and
costs in collecting such amount from the Owner,all such attorney's fees and costs incurred shall
likewise by a debt owed by the Owner to the Association. The easement area of each lot and all
improvements on it shall be maintained continuously by the Owner of the lot.
3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and
remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this
requirement,the Association shall have the right to plant and maintain non-weed vegetation and
remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for
reasonable attorney's fees and costs incurred by the Association in collecting such charges.
3.7 Maintenance of Individual Sewage Disposal Systems(Septic Systems): Primary and secondary
septic absorption field envelopes shall be preserved and/or protected in a manner that will allow
for the proper function of said systems. Activities such as landscaping(i.e.,planting of trees and
shrubs)and construction(i.e.,auxiliary structures,dirt mounds/berming)are expressly prohibited
in the designated absorption field envelopes. It is the responsibility of each individual lot owner
to acquire further information regarding the proper care and maintenance of septic system
absorption fields. This material and/or information can be found at The Weld County
Department of Public Health and Environment.
3.8 Pasturing of Lots: It is not intended that the area around the residential building area is to be
used as feed pasture. The area outside of the residential building area is intended for pasture for
animal exercise space,riding area and minor supplement to the main food source of bailed hay
and commercially produced feed. The pasture shall be divided into a minimum of one(1)acre
areas to maintain the ground cover and alternating animal units within each area as vegetation
occurs as next specified. Ground cover within one area should be allowed to grow to a height of
four(4)to six(6)inches high and not be allowed to be foraged to less than one and one-half
inches(1 1/2")high.
3.9 Manure Handling Plan: The individual lot owner shall be responsible for maintaining the
property as a healthy environment for both humans and animals. The lot owner may maintain an
area to compost manure that would be confined and screened within an area 12 ft. x 12 ft. x 6 ft.
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high.Disposal of excess manure may be handled communally by the owners of each Lot. It is
intended that the owner of each Lot will negotiate with a local farming establishment that may
want the waste for agricultural purposes.
3.10 Nuisances: No noxious or offensive activities shall be carried on upon any lot,nor shall anything
be done thereon which may become an annoyance or nuisance to the entire neighborhood.
3.11 Recreational Vehicles: No trailer, motor home,camper unit,boat or similar recreational vehicle
shall be parked on Distant Thunder Road.
3.12 Private Drives: During construction of private drives to individual lots from Distant Thunder
Road, individual lot owners must permanently install a fifteen(15) inch culvert in the drainage
ditch directly adjacent to Distant Thunder Road and place house numbers that are clearly visible
from the road at the primary lot entrance.
3.13 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department,Division of Wildlife,
Fort Lupton Fire Protection District and the Weld County Planning Department.
3.14 Oilfield Production: If Oil/gas production facilities become present within said Subdivision,
oil/gas vehicles have the right to access their production facilities within the subdivision without
interference by lot owners.
3.15 Right to Farm Covenant: Weld county is one of the most productive agricultural counties in the
United States. The rural areas of Weld County may be open and spacious,but they are
^ intensively used for agriculture. Persons moving into a rural area must recognize there are
drawbacks,including conflicts with long-standing agricultural practices and lower level of
services than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;dust from
animal pens,fields work,harvest,and gravel roads;odor from animal confinement,silage,and
manure; smoke from ditch burning;flies and mosquitoes;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.
Weld County covers a land area of over 4,000 square miles in size(twice the size of the state of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses,including law enforcement,ambulance,and fire.
Fire protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies.
County gravel roads, no matter how often they are bladed,will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads
within subdivisions are of the lowest priority for the public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent
to municipal services.
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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.
ARTICLE IV—THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and
administered by the Article of Incorporation and Bylaws of the DISTANT THUNDER P.U.D.
Homeowner's Ascnriation and by this Declaration. In the event of a conflict between the
provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association,
the terms of this Declaration shall be controlling.
4.2 Membership: Each owner of a lot,upon becoming an owner, shall be a member of the
Association and shall remain a member for the period of their ownership. If more than one
person has an ownership interest in a lot,each person will vote that portion of a lot equal to the
portion of ownership.
4.3 Examination of Books by Mortgagee: The holder of any recorded first mortgage or deed of trust
on a lot in the subdivision will,upon request be entitled to:
(A): Inspect the books and records of the Association,
(B):Receive an annual financial statement of the Association after the end of each
calendar year,
(C): And written notice of all meetings to the Association and shall be permitted to
designate a representative to attend all such meetings.
4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the
applicable provisions of this Declaration,and to govern,manage,maintain, repair,administer,
and regulate DISTANT THUNDER P.U.D.and to perform all of the duties required of it. Not
with standing the above,the Association shall not be empowered or entitled to use hazard
insurance proceeds for loss to the common areas improvements for other than repair,
replacement,or reconstruction of such improvement.
4.5 Association Responsibilities: The maintenance and operation of Distant Thunder Road and all
common areas shall be the responsibility and the expense of the Association,and the costs
therefor shall be a common expense of all the lot owners. The Developer shall initially install the
gravel road,Distant Thunder Road,and shall initially seed the areas disturbed by construction of
said Distant Thunder Road:thereafter,the costs of maintaining,repairing,and replacing the
right of way area and the roadway of Distant Thunder Road shall be borne by the Association.
4.6 Formula for 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. The assessments shall be apportioned equally among all lots within the Subdivision.
Each owner,by the acceptance of a conveyance of a lot shall be obligated to pay his share of such
expenses whether or not his lot is improved. If a new annual assessment is not adopted. an
assessment shall be presumed to have been adopted in the amount of the last prior assessment.
4.7 Bases Upon Budget: Assessments shall be based upon the budget,which shall be established by
the Broad of Directors at least annually,which budget shall be based upon the cash requirements
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deemed to be such aggregate sum as the Board of Directors of the Association shall from time to
lime determine is to be paid by all of the lot owners to provide for the payment of all expenses
growing out of or connected with the maintenance,repair,operation,additions,alterations and
improvements of and to Distant Thunder Road and the common open space as well as
Landscaped areas,which sum may include,but not be limited to,expenses of management;taxes
and special assessments unless separately assessed;premiums for insurance;repairs and
renovations;wages;water charges;legal and accounting fees;expenses and liabilities incurred by
the Association or any of its agents or employees on behalf of the lot owners under or by reason
of this Declaration and the Articles of Incorporation and Bylaws of the Association;for any
deficit remaining from a previous reserve,working capital and sinking funds as well as other
costs and expenses relating to Distant Thunder Road and the common areas,which shall be
funded by the regular annual or monthly payments rather than special assessments.
4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner for
any common expense caused by the misconduct of such lot owner, in which event such expense
may be assessed exclusively against such owner. The Association shall have the right to impose
a lien for any such special service charge or charges due to misconduct that are not paid when
due; said lien shall include court costs and reasonable attorney's fees incurred by the Association
in collecting said charges.
4.9 Assessments: The amount of the common expenses and misconduct charges assessed against
each lot shall be the personal and individual debt of the owner thereof. No owner may exempt
himself from liability for contribution towards the common expenses by waiver of the use or
enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings
in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and
charges acquired prior to the date hereof. The Association shall have the authority to take
prompt action to collect any unpaid assessment which remains unpaid for more than sixty(60)
days from the due date for payment thereof. In the event of default in the payment of an
assessment,the lot owners shall be obligated to pay interest at the rate of eighteen percent(18%)
per annum on the amount of the assessment from due date thereof,together with all expenses,
including attorney's fees,incurred together with such late charges as are provided by the Bylaws
or rules of the Association. Suit to recover a money judgment for unpaid assessments shall be
maintainable without foreclosing the lien described below and such suit shall not be,or construed
to be,a waiver of lien.
4.10 Creation of Lien and Foreclosure: All assessments together with any special assessment or other
fee,cost or charges which and Owner is obligated to pay,shall be a debt of such Owner to the
Association on the date when each installment thereof becomes due. In the event of the default of
any Owner in the payment of any installment,such amount,and any subsequently acquiring
unpaid assessments,together with interest thereon and together with all costs which may be
incurred by the Association in the collection of such amount,together with reasonable attorney's
fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances.
except only for tax and special assessment liens on the lot in favor of any governmental assessing
entity, and all sums unpaid on a mortgage or deed of trust of record,including all unpaid
obligatory sums as may be provided by assessment setting forth the amount of such unpaid
indebtedness,the amount of the acquired interest lien shall be signed by one of the officers of the
Accnciation on behalf of the Association and may,but is not required to,be recorded in the office
of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be
effective from the due date of the assessment until all sums,with interest and other charges
thereon, shall have been paid in full. Such lien may be enforced by the foreclosure of the
defaulting owner's lot by the Association in like manner as a mortgage on real property upon the
recording of the above notice of lien. In any such proceedings,the owner shall be required to pay
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the costs,expenses,and attorney's fees incurred for filling the lien,and in the event of
foreclosure proceedings,all additional costs,all expenses and reasonable attorney's fees incurred.
The owner of the lot being foreclosed shall be required to pay the Association any assessment or
special service charge whose payment becomes due for the lot during the period of foreclosure,
and the Association shall be entitled to receiver during foreclosure,and the Association on behalf
of the member owners, shall have the power to bid on the lot at foreclosure or other legal sale and
to acquire and hold, lease,mortgage,vote the votes appurtenant to,convey or otherwise deal with
the same upon acquiring title to such lot.
4.11 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved
of the obligation for payment of assessments arising thereafter attributable to the lot,as of the
date of the recordation of the deed transferring such lot to the subsequent purchaser. The Owner
transferring,and the purchaser of the transferred lot, shall be jointly liable for payment of all
assessments and any related interest,costs and attorney's fees attributable to the lot acquired
through the date of such recordation,and the lien for recovery of the same shall remain in force
against such lot.
4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration,in
the event of any default on the part of an owner under any mortgage or deed of trust which
entitles the holder thereof to foreclose the same,any sale under such foreclosure, including the
delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and
owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to
the time such mortgagee receives a deed to a lot.
4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31,
2002,whichever occurs first,the Declarant may appoint and remove the officers and members of
the Board of the Association.
ARTICLE V—GENERAL PROVISIONS
5.1 Durations: Subject to the provisions of Section 5.3 of this Article,this Declaration shall remain
in full force and effect, shall run with the land and shall be binding on all persons having any
interest in any lot in the Subdivisions for a period of twenty(20)years from the date this
Declaration is recorded and thereafter shall be automatically extended for successive periods of
ten(10)years unless an instrument signed by the majority of the then owners of lots in the
Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part.
5.2 Amendments: This Declaration,or any portion thereof,may be amended or revoked at any time
by an instrument in writing signed by the owners of at least sixty-six percent(66%)of the lots in
the Subdivision and one hundred percent(100%)of the holders of recorded mortgages or deeds
of trust. Any amendment shall be effective only upon the recordation of the written amendment
or ratification thereof containing the necessary signatures of lot owners and encumbrance
holders. No amendment to this Declaration may be made which conflicts with any of the laws of
the state of Colorado,or ordinances of Weld County. No amendment shall effect any rights of
Declarants unless approved in advance by and consented to by Declarants in writing.
5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not
be deemed to impair or affect in any manner the validity,enforcement or effect of the remainder
of this Declaration and,in such event,all of the other provisions of this Declaration shall
continue in full force and effect as if such invalid provision had never been included herein.
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5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the
invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant
or provision hereof This Section 5.4 may be pleaded as a full bar to the maintenance of any such
action or arbitration brought in violation of the provisions of this Article.
5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived
by reason of any failure to enforce the same, regardless of the number of violations or breaches
which may occur.
5.6 Captions: The captions herein are inserted only as a matter of convenience and for reference and
in no way define, limit or describe the scope of this Declaration nor the intent of any provision
hereof.
5.7 Constriction: The use of the masculine gender in this Declaration shall be deemed to include the
feminine and neuter genders,and the use of the singular shall be deemed to refer to the plural,
and vise versa,when the context so requires.
5.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to a
member of the Association shall be sufficient if sent by United States Mail, sufficient postage
prepaid,to the latest address given by such member to the Secretary of the Association. In such
event,notice shall be deemed effective three(3)days after such deposit into the United States
mail. Notices may also be given by certified or registered mail,or by hand delivery. If hand
delivered,notice shall be effective on the date that delivery is accomplished. If sent by registered
or certified mail,notice shall be deemed effective three(3)days after deposit into the United
States mail, sufficient postage prepaid.
11113 A L rT
IN WITNESS WHEREOF,the undersigned being Owner(s)or Mortgagee(s)of lots in DISTANT
THUNDER P.U.D. executed this Declaration the date and year indicated below.
JZM,LLC.
By: John W. Zadel
State of Colorado)
)SS
County of Weld )
The foregoing Declaration of Covenants, Conditions and Restrictions for DISTANT THUNDER P.U.D.
Acknowledged before me this day of , 20 ,by JZM,LLC.,
John W.Zadel.
Witness my hand and official seal.
My commission expires:
Notary Public
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE) -
20 ,by and
THIS AGREEMENT,made and entered into this day of —.
between the County of Weld, State of Colorado, acting through its Board of Coun
o rCounty Commissioners,
hereinafter called"County," and l•Z M , LAX.. �(3-4\-..-•o(3-4\-..-• �'d�lhereinafteryl o
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado: '1 r � 1� J��
A rorlr;o� o-F E Li0, i-t° 1p ..c i o✓� It - 1 - 1n Y�t 63
Co oros.1O. ( pert, or}-i-c GL.ztk 6GrIP-bon) .
•
WHEREAS, a Final Subdivision/Planned Unit Development (PUD)plat of said property, to be
II has been submitted to the
lmownas_ 42A-c) ��Jv�¢,r' �•V•D•
County for approval,and
WHEREAS,relevant Weld County Ordinances provide that no Subdivision Final Plat,Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on
plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,
or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and
"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
_ 1.2 The required engineering services shall consist of, but not be limited to, surveys,
desig is,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
Revised MOO
l MA.WPFILFSApeessa RWVATe
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a fmal statement of construction cost to the County.
2.0 Riehts-of-Wav and Easements: Before commencing the construction of any improvements
herein agreed upon.Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B" which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.7 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas,electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
Revised WOO
2 MAWPFnLrsucreem^thAPIavAIE
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of the County or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence ofthe County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage,and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.1 County may,at its option,issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion ofthe construction of streets within a Subdivision orPlannedUnit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s)of
any deficiencies. The County Engineer shall reinspect the streets after notification
from the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
Revised MO
3 M:\WfUZS 4IrtemlMPRIVATR
7.0 General Reouirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval(not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty (30) days
prior to its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One-
Hundred percent (100%) of the value of the improvements remaining to he
completed. If improvements are not completed and the agreement not renewed
within these time frames,the County, at its discretion,may make demand on all or
a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
Revised 03/00
4 MAWPFILESApnemMAPRIVATE
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat
approval, whichever occurs first. Said letter shall stipulate that, in any
event,the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers(M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
Revisal 03100
5 Maw PPR.Ps'WpeeaaMAPM'ATE
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3. 4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the projector aportion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (CDOT)
Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project"as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
Haven WOO6 M:IWPRll2SWRree^atVaRNATE
A letter d om the riate Fire Authority ng e 9.5 hydrants neplacetin accordancepwith the approvedlan Thelettertshall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character,extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the
dedicated td appropriatehall be maintained
school
district, for one of the above purposes. Any area so
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Ordinance,maybe reserved through deed restrictions as open area,the maintenance
of which shall be a specific obligation in the deed of each lot within the Subdivision
or Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined accordingto the Weld County Subdivision Ordinance. Such value shall
be determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
T personal representatives,successors and assigns of t e Applicant,and upon
recording
shall be
County, shall be deemed a covenant running with the land herein described,
binding upon the successors in ownership of said land.
Revised ado
', MAWIT0,ESAgrtaaaNVRIVATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of .20
My Commission expires:
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
M. J. Geile,Chair
Glenn Vaad, Chair Pro-Tem
ATTEST:
David E. Long
Weld County Clerk to the Board
Robert D.Masden
BY:
Deputy Clerk to the Board William H.Jerke
APPROVED AS TO FORM:
County Attorney
Raised 03/00
8 M:\WPP .ESA4nmanAPANATE
•
EXHIBIT"A"
Name of Subdivision 11 II
or PlannedUnit Development: Dt51w*t T\-.avnc .r V'.U.D.
Filing: r4 IA
Location: A por-;o.--. 4 4-La. S. V . pc 5eet_4-..A0n t0- 1- b� , Weld (oOlelti CO.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do
not apply)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street grading Street base 3 to
31 000.00
Tw.'H. ...ede.wc1 P tt. O 5
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains (includes bore) * 1).00 t.F 5400 . 0 0
Fire hydrants $ V b0.%0 _Sncl. $ '1000 .00
Survey and street monuments and boxes if tsoo.0o 1.15 1.600 .Oo
Street lighting
Street name signs & Z a0.oO Each $ 1.50 . 00
Fencing requirements
Landscaping ( includwa re--sM4 v-t) I ?boo.00 LS LI 24o0.00
Park improvements
Road culvert $ 1500.00 t.4. * ISo0.0o
Grass lined swale
Telephone $ 600.00 re LA- '-1500.00
Gas
Electric * to00.00 Ter 1et4- 4 Sqoo.00
Water transfer
SUB-TOTAL: $ �o t zho.00
Engineering and Supervision Costs $ 1,940.00
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual
-- construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ot1150.OD
9 Revised MOO
N:WITHLssngettnoMP IVATE
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By:
Applicant
Applicant
Date: , 20
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
Revised 03/001.0M:1WPF1LE aMPRIVATE
DISTANT THUNDER PUD
PROPERTY DESCRIPTION:
A portion of the South Half of Section 10, Township 1 North, Range 67 West of the 6th
Principal Meridian, County of Weld, State of Colorado being more particularly described
as follows;
Beginning at the West Quarter corner of said Section 10; thence South 00°00'21" East
69.85 feet to the POINT OF BEGINNING; thence along the West line of the Southwest
Quarter of said Section 10 South 00°00'21" East 1251.88 feet to the Southwest corner of
the Northwest Quarter of said Southwest Quarter; thence along the North line of the
South Half of said Southwest Quarter of said Section 10 North 89°53'17"East 2653.68
feet to the Northeast corner of the Southeast Quarter of said Southwest Quarter; thence
North 89°53'07" East 168.87 feet; thence North 00°06'29"West 1256.95 feet; thence
South 89°47'06" West 2820.50 feet to said West line of said Southwest Quarter and the
POINT OF BEGINNING.
Said parcel contains 81.25 acres, more or less and is subject to all existing easements
and/or rights of way of record.
Parcel Number— 146910000011
Owners Name—John W. Zadel
EXHIBIT"B"
'— Name of Subdivision
or Planned Unit Development: DM-a-4 `T1^.viAtediv— V.3.D
Filing: 44 a rr II ff
Location: A per110vn }) 51�L cci SPX A'�On 10-1- 10-1 . Atka Co,✓') , CO,
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within ', years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit "A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading ,�ry
Street base 7°03
Street paving Air;\ Zoo 3
Curbs. gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains Ia r i Z°03
Fire hydrants To..e.,wy 7a 0'3
Survey and street monuments and boxes '3-o.n icsei /1=4 j 1093
Street lighting
Street name signs l`n°-cc,1--. Zo03
Fencing requirements
Landscaping Art / Mo..r 7,003
Park improvements
Road culvert F-aw-Qc r7 2003
Grass lined swale feb, in za03
Telephone s ,iori
Gas
Electric PtbNwy / MactAn toot
Water Transfer
SUB-TOTAL: ( c4ivnEa1-tc.4 Coot ktconIt N\o.y t003
Revised WOO
11 N:\WPPILEStA;aematSPRIVATE
The County, at its option, and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
Bv:
Applicant
Applicant
Date: ,20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Revised 03/00
j7 M:\WPFI ens..•..•-nnrwvere
P-4728
May 02, 2002
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO. 80631
JOHN W. ZADEL DISTANT THUNDER P.U.D.
To Whom It May Concern:
The following is supporting written material for the Planned Unit Development(P.U.D.)Change of Zone Application
Questionnaire for the above referenced proposed P.U.D. situate in the South Half of Section 10,Township 1 North,
Range 67 West of the 6Th. P.M., Weld County, Colorado.
This proposal is for a 81.25 +/-acre Planned Unit Development,which is, situate approximately East and adjacent to
Weld County Road 19, 1/4 mile North of Weld County Road 10. This P.U.D. proposal will be a covenant-controlled
development consisting of 9 single-family residential lots(zoned P.U.D.). The residential lots will average
approximately 3.4 acres in size with a traditional wood framed house of one and two stories. The P.U.D. will provide
approximately 48.65±acres of Open Space(No residences shall be allowed on the Open Space Lot.)owned and
maintained by the Homeowners Association.
5.3 REQUIREMENTS FOR SUBMITTAL AS PER P.U.D. ORDINANCE 197
5.3.1 See attached application form and application fee($2,000.00).
5.3.2 Not applicable with this proposal.
5.3.3 See attached certified list of adjacent property owners within 500 feet.
5.3.4 See attached certified list of mineral owners of this property.
5.3.5 See attached Change of Zone Plat.
5.3.6 Please revert to Section 6 of this outline(Specific Development Guide).
Outlined below is response to the Sketch Plan Comments as well as the referral agency comments as received and or
prepared by the Department of Planning Services.
ADHERENCE TO CHAPTER 22 OF THE WELD COUNTY CODE,COMPREHENSIVE PLAN,COALS
AND POLICIES
A. GOAL 1. "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of
agriculture." The USDA Soil Conservation Service and Colorado State University Cooperative Extension Service
designated this land as"Irrigated land, Not Prime"and"Other". This is based on a generality due to the soil types,
location and the ability to be irrigated. This particular piece of ground is approximately 81.25 acres in size,which does
not lend itself to a larger scale agricultural productivity. At this size, it becomes more expensive to plant,maintain,
fertilize, irrigate and cultivate due to the cost break in larger and/or bulk activities. We feel that by subdividing this
ground,the overall best use for this property is achieved for both the fanning community and the future inhabitants of
Weld County. With the size of the lots proposed,the future owners are still able to participate in small agricultural
activities such as hay,pasture,gardening and 4-H type projects. This still fosters the agricultural value and knowledge
of future"farmers" in the community.
A. Goal 3 "Discourage urban-scale residential,commercial,and industrial development that is not located adjacent to
existing incorporated municipalities."The proposal contains only 9 single-family residential lots that classifies as non-
urban scale development.
P. GOAL 2. Requires adequate facilities and services to assure the health, safety,and general welfare of the present
and future residents of Weld County. All utilities including water,electric and phone are all existing and/or adjacent to
the property and will provide adequate service to this development. The Weld County Sheriffs Department shall
service this development as it has serviced this area in the past. Since there are only nine single family residential lots
within this development, there should be no need for additional officers to maintain the same level of safety and
protection for the future owners and residents of this development. Please refer to the attached Water Supply
Information Summary regarding water service.
SECTION 27-2-210 -Please see the attached documents assuring commitment of water availability. All lots shall be
serviced by Central Weld County Water District.
SECTION 27-2-176 -All lots shall use Individual Sewage Disposal Systems, (ISDS). This has been approved by the
Weld County Department of Public Health and Environment. Two alternatives for 12,000 square foot leach fields are
shown on the Plat. All information regarding the preservation of the secondary absorption fields shall be placed in the
covenants. Please see the attached Zone Change Plat annotating the approximate locations of Primary and Secondary
Absorption Systems. Areas designated for leach fields shall remain free from obstruction and shall be expressed in the
development covenants to insure the future use and protection of the second absorption field envelope. The covenants
should state that activities such as landscaping(i.e. planting of tress and shrubs)and construction(i.e. auxiliary
structures, dirt mounds, etc.)arc expressly prohibited in the designated absorption field site.
Please see the attached agreement letter from the Weld RE-8 School District addressed to John Zadel regarding cash
amount for each Estate lot and payment arrangements.
STREET/UTILITY/ACCESS STANDARDS
SECTION 27-6-50 -of the Weld County Code states" Adjacent roadways shall be designated to meet the full typical
section specified in the Weld County Transportation Plan and Chapter 24 of this Code."
An additional 10 feet of right-of-way will be dedicated along the west line of the subdivision. Please see the attached
Zone Change Plat for further detail on the Bus pull off lane and associated easements and/or rights of way dedication
pertaining thereto. fns �}�j
t �J , T r4
2>
A paved bus-pullout lane will be designed incorporating the use of a mail kiosk. he pullout ane shall be designed
with consideration to the high-speed traffic along Weld County Road 19. Refer to attached road plan and profile for
more information.
The internal road right-of-way for this proposal is 60' in width with a radius of 65 feet for the cul-de-sac as requested
by the Ft. Lupton Fire Protection District as shown on the Plat.
The cul-de-sac roadway has a 50-foot radius as per the request of the Ft. Lupton Fire Protection District to allow for
adequate turn around space for emergency equipment.
All addresses shall be clearly indicated at the entrance of each Lot as per the request of the Weld County Sheriff's
Office to better service the development.
The proposed name for the internal roadway shall be Distant Thunder Road. A stop sign as well as a street sign shall
be placed at the entrance of the roadway. Please see the attached Zone Change Plat for the roadway configuration and
name as well as the location of the subdivision monument sign. All permanent signs and sign structure shall be
delineated on the plat and require building permits.
SECTION 24-6-60—of the Weld County code dictates utility easement standards for county subdivisions. These
^ standards are strictly enforced by the Weld County Utility advisory Committee,requiring a minimum width of twenty
(20)feet apportioned equally on side and rear lot lines within the development,and a minimum of fifteen(15)feet
allocated along front lot lines. Future submittals shall include the delineation of utility easements on each lot as
required.
LANDSCAPING/OPEN SPACE/HOMEOWNERS ASSOCIATION
Section 22-2-190.2.b (PUD. Policy 4.2)states that a planned development that includes a residential use should
provide common open space free of buildings,streets,driveways or parking areas. This proposal will contain
approximately 47.59 acres of private open space. The open space will be limited to use by the occupants and residence
of the P.U.D. as well as be owned and maintained by the proposed Homeowner's Association. This particular open
space is adjacent to a number of existing tree rows along the South side of the property for esthetic purposes,wildlife
habitation,as well as a natural buffer/screening from adjacent activities to the South. Small easements will also be
dedicated for landscaping and signage near the entrance of the internal road. However,these small areas are not
calculated into the required open space needed for this development.
Landscaping shall be less than 3.5 feet high at maturity if it is located within the site distance triangles.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 22-5-50.A.2.a(O.Policy 1.1)No portion of the open space in located in a flood plain,seep areas, geological
fault areas,and other areas having natural features of public interest.
Section 22-2-60.G.1(A.Goal 7) The layout of the nine proposed lots is anticipated to add a quality of distinction,as
the balanced arrangement of this proposal will pull together the random feel of the existing structures. Occupants shall
be aware that oil and gas processing and storage operations are in the vicinity.
The future occupants of this PUD will be made aware that the agricultural uses of the surrounding land shall not be
considered nuisances so long as they are operated within the law in a non-negligent manner. "Weld County's Right to
Farm"shall be incorporated into the Distant Thunder PUD covenants and subsequent plats.
Please see attached a letter regarding no interest in annexation to the City of Dacono.
Section 22-5-100.B.1(OG.Policy 1.1)Please see the attached agreement regarding mineral owners as well as a copy of
the letter sent to all people with mineral interests.
Section 27-2-40 of the Weld County Code states that Bulk Requirements(minimum setback,offset,lot size, height of
buildings and lot coverage) in the PUD zone district may be varied from the requirements of a specific zone district.
The size of lots 1,7 and 8 are smaller than the required minimum size of 2.5 acres for the(E)Estate Zone District,
however, we are requesting a variance for lot size since overall densities are met in relation to septic requirements. No
other variances are requested.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS
SECTION 24-9-10 Lists subdivision improvements that arc the responsibility of the property owner/developer to
complete. Please see attached Preliminary Improvements Agreement.
ENVIRONMENTAL CRITERIA
The Colorado Geological Survey had a few concerns regarding subsurface conditions for this site. As stated in their
referral,these conditions can be overcome by engineered foundations and septic systems. The other concern,wetlands
at the North end of Lot 3,will be examined to ensure compliance with Section 404 of the Clean Water Act.We are
requesting that soils analysis be conducted at the final platting stage. Due to the cost of soils drilling and reports,and
as indicated within the C.G.S. referral stating that present conditions would not preclude development,we would like to
postpone soils work until approval of this Change of Zone.
The Department of Anny. Corp. of Engineers had concerns regarding the excavation or discharges of dredged or fill
material into water of the United States:which may include a ephemeral, intermittent and perennial streams,lakes,
ponds or wetlands. There is a s all wetland area along the North boundary of Lot 3. Considering the size of Lot 3 and, }
that the majority of the wetland open space portion of the PUD, we feel that we will have no problem 3 L n�{ t. }Cv.
complying with the provisions included in Section 403 of the Clean Water Act. A 200-foot restrictive setback from the
wetlands area is proposed. This Setback restricts the disturbance of soil and the introduction to new vegetation. T7
The Platte Valley Soil Conservation District had a few concerns regarding the limitations of the predominant soils
found on the property. These concerns can be overcome by engineered foundations and septic systems. A note shall be
placed on the Landscape Plan regarding notification of the local NRCS office in an effort to maintain grasses and
grazing management.
The Department of Building Inspection had a few concerns.Each building shall require an engineered foundation based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer.
A 50'off-set from the center line of a Panhandle Eastern Pipe Line Company Gas Line Easement to remain free from
all types of permanent structures and plantings has been delaminated on the plat for the purpose of an access and
maintenance easement from the gas line.
The easement will be identified on all plats to eliminate risk of any structure being built over the gas line.
6. DEVELOPMENT GUIDE REQUIREMENTS
Major Components of the Development Guide
6.3.1 Component One-Environmental Impacts
Noise and Vibration -No noise or vibration is anticipated,other than normal occurrences,within in this development.
The Homeowners Association shall have the ability to site and address(within their power)any complaints of noise or
vibration within this P.U.D.
Smoke,Dust and Odor-Reseeding shall take place after construction in order to limit blowing dust. Erosion control
and dust control methods will be used during and after construction to limit blowing dust. No smoke or odors are
anticipated being a problem within this development other than what is created due to agricultural activities.
Heat,Light and Glare-We feel that these particular impacts are not applicable to this development. This
development is of like development within the area. It is generally at the same elevation as the surrounding areas
therefore it will not be on top of a hill to cause problems such as glare from windows or bright lights that can be seen
for miles. Individual homes shall use standard illumination which will limit the extent of a possible lighting nuisance.
Home illumination standards can be addressed through the restrictive covenants of the P.U.D.
Visual/Aesthetic Impacts-This development will be compatible with surrounding development in that it will contain
relatively the same densities and style of home and out buildings. Utility lines will be underground. Landscaped areas
along with open space will give this development a rural atmosphere which will fit well with residential and agriculture
activities in the area. We feel that this proposal will enhance the immediate area instead of creating negative visual or
aesthetic impacts.
Electrical Interference-This particular impact should not be a problem within this P.U.D. Typical household
appliances are expected such as cordless phones,garage door openers and cellular phones.
Water Pollution-Septic systems shall be installed per Health Department regulations, which will dismiss and/or
minimize any ground water contamination.
Waste Water Disposal -Each lot will contain an individual sewage disposal system as installed per Weld County
Health Department regulations and/or specifications.
Wetland Removal-This site has one small wetland area along the North boundary of proposed Lot 3.There is no plan
in place to remove the wetland. Rather the applicant would like to leave the wetland as is. Due to the size of Lot 3,the
wetland will not interfere with any of the proposed improvements for this site.
Erosion and Sedimentation -Erosion control and reseeding methods will be used during and after construction. The
restrictive covenants will address animal units per lot and the practice of grazing to minimize erosion problems as well
as dust control.
Excavating,Filling and Grading-Normal excavation shall occur during infrastructure installation and the
construction of homes. Construction activities shall be in accordance with standard procedures as well as Weld County
Public Works regulations.
Drilling,Ditching and Dredging-These impacts do not apply to this development.
Air Pollution -This should not be a factor for this development. Only residential development will occur,therefore
pollution,which can be associated with heavy commercial,or industrial uses will not be present.
Solid Waste-This impact does not apply to this development.
Wildlife Removal -Currently. we are not proposing any type of wildlife relocation program. Certain wildlife will
relocate on their own due to the development of this property. Much of the wildlife will stay or frequent the
development due to the proposed acreage of the lots and the amount of open space to be retained. Exotic or endangered
species are not present on the site.
Natural Vegetation Removal -Minimal disturbance of the natural vegetation shall be enforced during construction.
Areas that are disturbed shall be reseeded after construction is completed.
Radiation/Radioactive Material -These impacts do not apply to this development.
Drinking Water Source -Domestic water shall be supplied Central Weld County Water Dt trict. Please see
attached letter received from the Water District.
Traffic Impacts-The low density proposed for this development should have minimal impact on the surrounding
County and State road systems. Adequate County roads are adjacent and/or available to this development. Public
Works, in a referral response received August 31, 2O01, indicated that the developer will not be required to submit a
Traffic Impact Study.
6.3.2 Component Two-Service Provision Impacts
Schools-This proposed development would be within the Weld County School District(RE-8). We feel that with the
Slots proposed for this development,a minimal impact will occur regarding the school district. A referral was received
from the school district and they had no conflicts with this development. Please see attached letter regarding school
district impact fees and agreement.
Law Enforcement-This P.U.D. will be served by the Weld County Sheriff's Department for protection and safety.
We are assuming that no additional patrols will be needed for the additional 9 lots proposed.
Fire Protection-The Ft.Lupton Fire Department will serve this development.It is our intent to meet the Fire District's
needs for fire hydrant placement, and Residential Sprinkler Plans. Please see the attached letter regarding fire hydrant
placement. Construction shall comply with all codes as adopted by the Weld County Board of Commissioners.
Ambulance- Ambulance service will be provided by Weld County Ambulance. The Ft. Lupton Fire Department as
well as Air Life of Greeley will provide additional emergency service. Again, we feel that with the additional 9 lots
proposed, minor impact shall occur regarding Ambulance service. Law Enforcement. Fire Protection and Ambulance
services are based on an as needed basis.
Transportation -Weld County Road 19 is adequate in classification,width and structural capacity to handle the
minimal traffic impact as proposed with this development. Public Works has indicated that the existing roads can
support the expected increase in traffic.
Traffic Impact Analysis-Public Works, in a referral response received August 31, 2001, indicated that the developer
would not be required to submit a Traffic Impact Study.
Storm Drainage. See attached Drainage Plan and Study. The natural drainage for this site generally flows east to west
to the existing barrow ditch along Weld County Road 19. The terrain is relatively flat consisting of 0%to 3%slopes.
The steeper terrain takes place mid way on the property. New drainage facilities will consist of minor rerouting of
immediate historical drainage patterns utilizing barrow ditches along with installation of culverts under the proposed
road and/or driveways as required. Due to the soil types, area of open space and the size of the proposed lots, it is not
believed to impact the existing drainage significantly. Slight increase in runoff is expected due to channelization and
increased imperviousness due to new construction. However, the increase would appear to be insignificant.
We recommend storm water continue to flow overland to the west utilizing new and existing barrow ditches. Due to
the size of the lots,area of the open space, and the expected slight increase in stone water runoff,we do not anticipate
the need for additional detention facilities. Standard barrow ditches along the proposed road should be adequate to
carry all runoff. All structures should be raised above surrounding grade a minimum of two(2)feet to prevent flooding
due to irrigation and storm water.
Utility Provisions. Please sec attached letters from Public Service(Electric)and Central Weld County Water District
(Domestic Water). Quest (Telephone)is in the process of supplying a will serve letter and contract. We will submit
their letter as we receive it.
Water Provisions. Please see attached letter from Central Weld County Water District. Central Weld County Water
District shall provide public water for this development. There is an existing water main within Weld County Road 19.
This development will be required to tie into this water main and extend it into the subject property to service all lots.
Each lot shall have an individual tap.
Sewage Disposal Provisions. The Health Department has indicated that an individual on lot septic system will be
adequate for the type of use and size of the proposed development. The nine(9) residential lots will install engineered
individual on lot septic systems per Weld County Health Department regulations and/or specifications.
6.3.2 Component Three-Landscaping Elements
Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into native
grasses in the attempt to preserve water,yet give the development a mature agricultural and natural look. Evergreen
and Ash trees exist within the open space to the South, not only for esthetic purposes but also as a buffer or natural
screening between this development and the uses to the South. We are proposing an entrance sign for this
development. A few evergreen trees will be planted at the entrance of the subdivision for esthetic purposes.
No treatment for the perimeter is proposed with this development other than what exists or is shown on the Landscape
Plan.
_ „„
Landscaping proposed for this development will be virtually maintenance free. Native grasses will be used for Open
Space ground cover which will require no watering other than Mother Nature. Evergreen trees will be used which also
require little to no additional watering once the tree has been established. As mentioned previously,numerous
evergreen and ash trees exist along the South boundary,which are established and require no additional watering. The
developer/landowner will be responsible for the care of the native grasses and trees until such time the Homeowner's
Association is in place and can assume the responsibilities of the care and maintenance.
Please see the attached improvements agreement. which contains the cost and planting schedule for said landscaping
elements.
6.3.4 Component Four-Site Design
Please revert back to the beginning of this narrative that identifies consistencies and compatibility's as it relates to the
Comprehensive Plan and the existing uses surrounding this development.
This development does not fall within an Overlay District as identified by maps officially adopted by Weld County.
6.3.5 Component Five-Common Open Space Usage
Approximately 47.6 acres will be provided for private open space for the use of the inhabitants of this development.
This area will be private and not available for public use but should be viewed as open space provided to the public to
ensure continued agricultural activities and enhance visual impacts of the development. The open space will be owned
and maintained by a Homeowner's Association that will be established before any lots are sold.
6.3.6 Component Six-Signage
We are proposing an entrance sign for this development. Please see attached Landscape Plan for location and size. A
stop sign along with a street name sign will be erected at the entrance of the P.U.D.
6.3.7 Component Seven-M.U.D. Impact
This proposed P.U.D. does not apply to an M.U.D.
6.3.8 Component Eight-Intergovernmental Agreement Impacts
This proposed P.U.D. does not fall within an Intergovernmental Agreement area.
As always, if you should have any questions, concerns or desire additional information regarding this Planned Unit
Development Change of Zone submittal,please feel free to call me at(970)669-0516.
Sincerely,
INTERMILL LAND SURVEYING,INC.
Steve Stencel
Project Manager
Ft. Lupton
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FT. LUPTON, CO 80621 OFFICE 303-857-4603
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November 28, 2001
John W.Zadel
4200 Weld County Road 19
Fort Lupton, Colorado 80621
303-857-2928
RE: Distant Thunder P.U.D.-Located as part of the'Y:section 10
TIN R67N of the 61°P.M. Weld County,Colorado
Dear Mr. Zadel:
Based on our discussion the Fire District will require two(2)fire hydrants located between lot 8 and
lot 9 and between lot 5 and lot 6. In addition a two-(2)inch sprinkler supply line will need to be
available just inside of the property line for further connection to each house. The residential
sprinklers will need to be stipulated on the final plat as a requirement to each house.
After further review it was found that the proposed 65 feet radius at the end of the cult-a-sac is
adequate for fire equipment turn around.
If you are in agreement to the terms as specified,please sign this letter and return to my office.
Please provide the Fire District with an updated drawing identifying the location of the fire
hydrants and the two-(2)inch water supply line stub-outs to each lot.
If you have any questions or concerns, please contact my office at 303-857-4603.
Sincerely,
Lary Richardson I agree to the requirements listed above.
Fire Marshal
Fort Lupton Fire Protection District 1�a- rz-i �oliG�
Zad
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