HomeMy WebLinkAbout20042416.tiff LANNED 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).
I(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: 5ee /414,14 c-4 et) t7oc cg, /soJ /2/G111 ,:w Ov✓ ?et/ o/--> € &Pet)
(If additional space is required, attach an additional sheet of this same size or a campy of,the
PARCEL NUMBER: / y7 Q -7.1 a f JZQ 4,1 (12 digit number-found on TAX I.D. or obtained at the Assessor's
Office) /
NAME OF PROPOSED PUD SUBDIVISION //&841/7 /k1*2V6 ?,&w'CA
EXISTING ZONING '-l/o rr7 <c es/ e 4ROPOSED ZONING 7>u b c/c) .
TOTAL ACREAGE 3 9. 697 OVERLAY DISTRICTS
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual) *eC/,</G
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING: ///
NAME 576i✓aSo,',asw, zograi-s .reveLvizzed/ 1 I C PHONE 303 6)/9-05-,,C)
ADDRESS 3pr/o S Nec C.orwte idr /.4e6.41,04,O, to Sfod 21
NAME PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT (if different than above,''�)/
NAME .��FFC9E5&V )6/i 05- 0 0,e) y</ v' 1.(47/yfoal:c(303715 — 756r?
ADDRESS�jOyC 5• n/euJ(caebc Wry G.vteeyc1-o40 $ci)J7
HOME TELEPHONE (303)%7--€776 7 BUSINESS TELEPHONE('X73)6/9-COS' G7
* If agent is different from the property owner, please submit written documentation from the property owner
authorizing said agent to represent the owner.
7
O ner or Authorized Agent
EXHIBIT
14
2004-2416
E. WAYNE WENTWORTH, P. E.
CIVIL ENGINEERING DESIGN
March 4, 2004
Ms . Sheri Lockman, Planner
Department of Planning Services
Weld County Administrative Offices
1555 N. 17th Avenue
Greeley, CO 80631
RE: Nesting Crane Ranch PUD Change of Zone Application
Dear Ms . Lockman:
Herewith transmitted is the application for the subject project and
all of the supporting information that we understand, from meeting
and phone conversation with you, needs to be submitted with the
application.
The submittal packet consists of:
Change of Zone Application
Legal description of the property
A letter from a Certified Professional Landman addressing the
mineral rights
An Affidavit Of Interest Owners Minerals and/or Subsurface
A Change of Zone Plat
A memorandum addressing the Specific Development Guide
A copy of the receipt showing the taxes have been paid
A copy of a quit claim deed showing all interest in the land
and the minerals being transferred to Stenerson, Olson and
Lowrey Development, LLC, the applicants .
,e^ A certified list of all land owners within 500 feet
202 MAIN STREET, SUITE 3 • LONGMONT, CO 80501-5915 . (303) 772-1177 • FAX (303) 772-8553
Page 2
Ms . Lockman
A Change of Zone Landscaping Plan
A copy of the CDOT highway access permit for the property
A copy of an extension letter from the Long' s Peak Water
District concerning commitment for service .
As a part of this application, the developers are requesting that
the County reopen Eastland Road to public use for use as an
emergency access only. We believe that the county has the
authority to do so, based on our research and research by the
developers' legal counsel .
The road would be built by the developer to fire department
standards and maintained by the Nesting Crane Ranch PUD Homeowners'
Association.
If you have any questions, or require additional information,
please feel free to contact us at your convenience.
Sincerely,
c-,
E. W e Wentworth, P.E.
for Stenerson, Olson & Lowrey Development, LLC
nccovl.ewu
E. WAYNE WENTWORTH, P. E.
CIVIL ENGINEERING DESIGN
March 4 , 2004
Ms . Sheri Lockman, Planner
Department of Planning Services
Weld County Administrative Offices
1555 N. 17th Avenue
Greeley, CO 80631
RE: Nesting Crane Ranch PUD Change of Zone Application
Dear Ms . Lockman:
Enclosed you will find the responses and current changes made to
satisfy the sketch plan comments made by Weld County staff in your
letter following the sketch plan review process .
The site under review is currently zoned R-1 Low Density
Residential (see Book 646, Rec . # 1567619, May 11, 1971) .
The location of the property is south of and adjacent to State
Highway 66 , 1/2 mile east of Weld County Road 1. The site
does not contain any improvements .
The Planned Unit Development (PUD) Change of Zone Plan
proposes a development of nine lots on the 39 . 64 acres with
the lots ranging in size from 2 . 5 acres to 5 . 8 acres . It is
the intention of the developers to follow the estate zoning
requirements set forth in the County regulations . The
proposal contains the required open space acreage on outlots
A, B and C (15 . 79%) . The lots are large enough to dedicate
the required area for a second future septic system.
Adherence to Chapter 22 :
Goal 1- "Preserve prime farmland for agricultural
purposes . . . . " The land is presently zoned R-1 Low Density
Residential . The developers are proposing to drastically
reduce the number of lots to only nine .
Goal 2- Requires adequate facilities and services . This
is all addressed in the specific development guide .
202 MAIN STREET, SUITE 3 • LONGMONT, CO 80501.5915 • (303) 772.1177 • FAX (303) 772.8553
Page 2
Ms . Lockman
Goal 3 - "Discourage urban-scale residential development . . . . "
Again, we refer to the fact that the present zoning of the
property would allow for a much higher density than the
developers are requesting.
The developers have been in contact with the Longs Peak Water
District and are working on all required service agreements .
Please see commitment letter in application packet .
The developers own 10 shares of Starbird Ditch Company and 5
shares of Big Thompson water. The ditch water will not be
used on this property due to logistics involved with having to
pump, etc. The property will have no agricultural basis to
it . The Big Thompson water will be turned over to the water
district which will provide all potable and irrigation water.
Each home will have a fire sprinkler system to satisfy Moun-
tain View Fire Protection Districts requirements . We have
discussed this with the fire district and will have this
requirement in the Nesting Crane Ranch PUD covenants . Design
of the water lines, street layout, hydrant locations, etc .
will be provided to the Fire District for review prior to
submittal for final plat .
The final plat plans will show two designated septic system
areas per the County Health Department requirements .The second
absorption field envelope shall be preserved in a manner that
will allow for its future use. All septic system envelopes
shall meet all setback requirements . There will not be any
irrigation ditches on the property. Language for the
preservation of the second absorption fields envelope will be
placed in the covenants . Language will indicate that
activities such as landscaping and construction activities
shall be prohibited in the absorption field envelopes .
The developers are requesting that the County open Eastland
Road to the public for an emergency access only to satisfy the
Fire District' s requirement on length of cul-de-sacs . The
alignment we are proposing meets their codes . We have met
with the Fire District and reviewed the plans with them. The
emergency access will be gated in some manner and a knox box,
required by the Fire District for their use, will be placed at
the property line at the emergency access point .
The equestrian trail has been eliminated from this proposal .
There will not be a retention pond on the site . The drainage
design will incorporate a detention pond that will meet the
county' s requirements for releasing at historic rates .
Page 3
Ms . Lockman
There are no electric transmission lines on this site.
The lots have been numbered sequentially and the minimum lot
size is 2 . 5 acres .
In conclusion, we have addressed all of the comments that arose
during the sketch plan review.
If you have any questions or require additional information, please
feel free to contact us at your convenience.
Sincerely,
E. Wayne Wentworth, P.E.
for Stenerson, Olson & Lowrey Development, LLC
nncov2.eww
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT CDOT Permit No.
401123
State Highway No/Me/Side
Pt fee 66A/039.440/R
Date of transmittal I Region/Section/Patrol Local Jurisdiction
100.00 12/19/2001 04/01/09 Weld County
The Permittee(s); Applicant; Ref No. 2001
Kimberly Stenerson&Jamie Pearson SAME
6364 Clearview Road
Boulder, CO 80303
303-494-4638
is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in
accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location:
The access is to be located on State Highway 66,a distance of 2,345 feet east from Mile Post 39 on the south/right side.
Access to Provide Service to:
Single-Family Detached Housing 9 Each 100.00 %
Other terms and conditions:
See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
• Only one access is allowed for this parcel.
• The existing westmost access shall be removed.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By Date Title
(r)
;:Nun the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation In Longmont at 303-
442-4382 at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept i to a .nditions.
Permltt
(x) Date
0/- OQ-02
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By
^n Date(of issue)
I( J _ Title
(X, {�j to 0.3L1_ I/29/oz Assistant Access Manager
Copy Ql trbutlon: Required: Make copies as necessary for Previous millions ere obsolete and
t.Region Local Authority Inspector may net 1 8/98
2.Applicant MICE Patrol Traffic Engineer CDOT Form e1e1 B/98
3.Stat Access Section
Nesting Crane Ranch Legal
Parcel I
The W1/2 W1/2 NE 1/4 of Township 3 North, Range 68 West of the 6th P.M.,
I Section 30, Weld County, Colorado, Excepting therefrom that portion deeded to
the Department of Highways, State of Colorado by Deed recorded May 17, 1960 in
`, Book 1558 at page 165, described as follows:
A tract or parcel of Land, No. 12 of Grantee's Project No. 50054 (5) in the N1/2 of
the NE 1/4 of Section 30, Township 3 North, Range 68 West, of the 6th P.M.,
Weld County, Colorado, said tract or parcel being more particularly described as
follows:
Beginning at a point on the east line of Section 30, Township 3 North, Range 68
West, from which the NE corner of Section 30 bears N 0°12' West, a distance of
33.0 feet;
1. Thence along the east line of Section 30, North 0°12' West, a distance of 33.0
feet to the NE corner of Section 30;
2. Thence along the north line of Section 30, South 89°15' West, a distance of
2,652.6 feet to the NW corner of the NE 1/4 of Section 30;
3. Thence along the west line of the NE 1/4 of Section 30, South 0°14' East, a
distance of 53.0 feet;
4. Thence North 89°23' East, a distance of 89.9 feet;
5. Thence North 88°48' East a distance of 2,562.9 feet, more or less, to the point of
beginning.
Together with five (5) acre foot units of water as allocated by the Northern
Colorado Water Conservancy District and all of grantor's rights in and to the
Starbird Lateral Ditch Company.
LAND consultants
Land use • Analysis • Negotiation • Development
* * * MEMORANDUM * * *
TO: Honorable Chairperson and Members of the Weld County Planning Commission
SUBJ: Nesting Crane Planned Unit Development
FROM: LAND consultants, Michael B. McDonough, AICP • = )
DATE: March 4, 2004
It is with great pleasure that we present the Nesting Crane Planned Unit Development to you as it
interfaces with the Eight Major Components of Development Guide. We have presented each
component as it is stated in Chapter 27 of the Weld County Land Development Code and have
provided our response, where required, in italics. We have striven to address each and every
applicable criterium in a positive manner in an attempt to ensure that the proposed development will
be a proud and attractive addition to Weld County. These are our responses:
Sec. 27-6-30. Major components of development guide.
The development guide consists of eight (8) major components of the PUD development, as follows:
I. Environmental impacts. 5. Common open space usage
2. Service provision impacts. 6. Proposed signage.
3. Landscaping elements. 7. MUD impacts.
4. Site design. 8. Intergovernmental agreement impacts.
Sec. 27-6-40. Component One - Environmental Impacts.
It is the intent of Component One to identify and isolate any possible impacts the proposed use may
have upon the environment on the site, as well as on neighboring sites. The applicant hereby
submits (in italics) an explanatory statement as to how the PUD development will plan for and
accommodate the following impacts:
1. Noise and vibration. The only noise and vibrations will be present during the construction period.
Upon completion of construction, there will be no noise or vibration evident on the site.
2. Smoke, dust and odors. This impact is typically associated with non-residential uses. There are
none of these on the site.
3. Heat, light and glare. These impacts are typically associated with non-residential uses except for
glare. Assuming the use of solar collectors, buildings will be oriented to eliminate any glare
associated with their use.
436 Pratt Street • Longmont, Colorado 80501 • 303-776-3147
•
4. Visual/aesthetic impacts. We anticipate that dedication of open space along the State Highway 66
frontage and establishment of carefully designed landscaping will create a positive impact by the
project. Protective covenants will be drafted in such a way as to ensure that all buildings will meet
the architectural review criteria. This will ensure that all buildings are built in accordance with
locally accepted architectural design principles.
5. Electrical interference. There are no electric transmission lines in or near this development.
6. Water pollution. All runoff will be contained within the site for enough time for siltation to have
taken place and the water is to be engineered to be released at historical rates. Septic systems are
planned for sanitary sewer collection and treatment.
7. Wastewater disposal. Planned are septic systems for the nine residences.
8. Wetland removal. N/A
9. Erosion and sedimentation. During the construction phase all erosion and sedimentation will be
controlled through the use of siltation fencing. After construction, all common open areas will be
landscaped to minimize erosion and sedimentation.
10. Excavating, filling and grading. It is intended that the engineering will minimize cut and fill
requirements.
11. Drilling, ditching and dredging. N/A
12. Air pollution. Fugitive dust will be eliminated through treatment by regular watering trucks
throughout the construction period.
13. Solid waste. Solid waste will be dealt with in the covenants requiring containment and
concealment of all solid waste until the day of pick-up.
14. Wildlife removal. There is no evidence of wildlife or migratory patterns on the site.
15. Natural vegetation removal. Most of the natural vegetation is sage and native grasses which will
be retained in all areas not planted with lawns or common open space areas where xeriscaping
techniques will be encouraged
16. Radiation/radioactive material. There will be no impacts from radiation or radioactive
materials.
17. Drinking water source. Longs Peak Water District is the potable water supplier.
18. Traffic impacts. Using the most liberal IIL trip generation factor for residential uses of 10 trips
per day, this development will generate only 90 trips per day.
Sec. 27-6-50. Component Two - service provision impacts.
It is the intent of Component Two to ensure that service provisions to the site have been adequately
planned for and are available to serve the site now and into the future. The applicant hereby submits
an explanatory statement as to how the PUD development will plan for and accommodate the
following impacts:
1. Schools. According to Scott Toillion—planner for the St. Vrain Valley School District— the pupil
generation factors for single family homes in Weld County are .35 for elementary, .l4 for middle
school, and.17 for high school. This development will contain 9 residences which will generate
3.15 elementary school students, 1.26 middle school students, and 1.53 high school students. The
developers are in negotiations with the school district for a cash-in-lieu arrangement.
2. Law enforcement. Law enforcement will be provided by the Weld County Sheriff.
3. Fire protection. Fire protection will be provided by the Mountain View Fire Protection District
whose nearest station is in Mead.
4. Ambulance. Ambulance service will be provided by Primerica under contract with Weld County.
5. Transportation (including circulation and roadways) - A description of the functional
classification, width and structural capacity of the street and highway facilities which provide access
to the PUD Zone District. If the street or highway facilities providing access to the PUD Zone
District are not adequate to meet the requirements of the proposed district, the applicant shall supply
information which demonstrates the willingness and financial capability to upgrade the street or
highway facilities in conformance with Sections 22-3-615 through i2-3-19J),.of this Code. This shall
be shown by submitting, with the PUD application, a separate improvements agreement describing
the proposed road improvements and method of guaranteeing installation of said improvements in
conformance with the County policy on collateral for improvements. The agreement shall be used
for the purposes of review, evaluation and compliance with this Section. Traffic from the Nesting
Crane PUD will route from the interior street directly onto State Highway 66. CDOT has issued a
permit for this access(copy included with application). The permit does not require any improvements
to Highway 66, such as turn lanes, accel-decel lanes, etc. The interior street will be designed to Weld
County Public Works Department specifications.
6. A. Traffic impact analysis prepared by a registered professional engineer competent in traffic
engineering shall be provided by the developer, unless specifically waived by the Department of
Public Works. This requirement has been specifically waived by the Weld County Department of
Public Works.
7. Storm drainage - All development within a PUD Zone District shall adhere to the storm drainage
design and technical criteria regulations in Section 24-7-130 of this Code. The historic stormwater
drainage patterns "' and runoff amounts will be maintained. The developer will be required to submit
a detailed engineering study, from a Colorado licensed engineer, that shows both the undeveloped
and developed drainage patterns. The drainage study shall track the route of off-site discharge until it
reaches a natural drainage course such as a creek or river. Off-site discharge shall not damage
downstream property, roads or bridges. The developer will be required to mitigate any downstream
impacts caused by said development. The stormwater drainage study may be waived by Public
Works based upon the proposed impacts and intensity of the PUD. A preliminary drainage report and
plan have been prepared for the site that maintains the historic stormwater drainage patterns per
county requirements. A final report and drainage plan will be submitted with the PUD Final Plat
process.
8. Utility provisions - A description and statement from the representative of the provider of the
utilities which demonstrates that there are adequate utility provisions available to serve the
development. This information has been provided.
9. Water provisions - A description of the water source and system and a statement from the
representative of the provider of the water system which demonstrates that the water supply quality
and quantity are sufficient to meet the requirements of the uses within the PUD Zone District. This
information has been provided.
10. Sewage disposal provisions—All nine residences will be provided with separate septic systems.
11. Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical
section specified in the County Transportation Plan and Chapter 24 of this Code. Improvements may
include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks,
for example. Required improvements may also include the acquisition of right-of-way and
construction easements that will be dedicated to the public. Improvements attributed to the
development shall be consistent with the direct impact a particular development has on the County
road system as determined by a professional transportation study. The road improvements
agreement and roadway construction plans shall be considered by the Board of County
Commissioners. (Weld County Code Ordinance 2001-1) Please see Item 5 above.
Sec. 27-6-60. Component Three -Landscaping Elements.
A. Intent. The intent of the landscape plan is to ensure that the landscaping and aesthetics of the site
are compatible to that of surrounding land uses and that the site will provide and maintain an
increased sense of place for those inside of the development. The landscape plan shall provide clear
and supported information both by written statements and graphic representations. The information
will provide an ample quantity and variety of the ornamental plant species which are regarded as
suitable for this climate. Landscape treatment will be balanced with both evergreen and deciduous
plant material with sufficient use of upright species for vertical control. Plant
material selection will be reviewed for adaptability to physical conditions of the site plan.
B. Duties of the Department of Planning Services. The Department of Planning Services will be
responsible for evaluating the landscaping elements of the PUD for compatibility with Chapters 22,
23, 24 and 26 of this Code. The Department of Planning Services will utilize the development guide
for evaluating all landscape issues associated with the proposed change of zone. The applicant shall
submit the following information:
1. A landscape plan in accordance with Section 27-9-30 of this Chapter. This information has been
provided.
2. A statement which describes any proposed treatment, buffering or screening between uses,
buildings or structures in order to achieve compatibility, and a statement which describes the
proposed treatment of the perimeter of the PUD, including materials and techniques used, such as
screens, fences, walls, berms and other landscaping. Please see landscape plan.
3. A maintenance schedule for all landscaping elements on site, delineating the care, management
and maintenance of the proposed landscaping. Please see landscape plan.
4. A proposed on-site improvements agreement for the proposed landscaping shall be submitted to
the Department of Planning Services. Please see landscape plan.
5. The applicant shall submit evidence that there is adequate water to sustain and maintain the
landscaping proposed in the landscape plan. In determining whether available water resources are
adequate to sustain and maintain the proposed landscaping, the Department of Planning Services
may require the applicant to submit written assurance of such adequacy from a water resource
professional or agronomist. Please see letter from water district.
Sec. 27-6-70. Component Four - site design.
A. Intent. The intent of Component Four is to ensure that the PUD is established with consideration
to the site's advantages and limitations, as well as the Planned Unit Development-Development
Guide Requirements Sec. 27-6-70 compatibility of the development to adjacent sites. The design of
the site should consider all existing features, both natural and man-made, to determine those inherent
qualities that give the site and the surrounding area its character.
B. Duties of the Department of Planning Services. The Department of Planning Services and
Department of Public Works will evaluate site design based upon Chapters 22, 23, 24 and 26 of this
Code. The development guide will provide an explanatory statement as to how the PUD
development will adequately accommodate unique site factors for the site and the surrounding area.
The following information shall be provided:
1. A statement describing any features unique to the site, such as topography and irrigation ditches.
The property gradually slopes east to west. There are no other unique features.
2. A statement which demonstrates how the proposed PUD rezoning is consistent with the goals and
policies of Chapter 22 of this Code. The property is proposed to be rezoned from RI—single family
residential to Planned Unit Development with the intent of following standards for estate zoned lots.
3. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be
compatible within the PUD Zone District. In addition, a detailed description of how any conflicts
between land uses within the PUD Zone District are being avoided or mitigated and can comply with
the performance standards. The uses within this PUD district will be nine upscale residences. As
such, compatibility will be assured We anticipate no conflicts.
4. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be
compatible with land uses surrounding the PUD Zone District, including a detailed description of
how any conflicts between land uses surrounding the PUD Zone District will be avoided or
mitigated. The nearest development is to the west consisting of single family residences on minimum
one acre lots. We anticipate no conflicts in either use or compatibility.
5. If the proposed change of zone is located within a Flood Hazard, Geologic Hazard or Airport
Overlay District, as identified by maps officially adopted by the County, the applicant shall submit
information which documents how the applicant intends to meet the requirements of the County
Supplementary Regulations concerning floodplain and/or floodway, geological hazard and/or airport
overlay districts. This application is for apiece of property which is not located in a Flood Hazard,
Geologic Hazard nor Airport Overlay District.
Sec. 27-6-80. Component Five - Common Open Space Usage.
A. Intent. Common open space is an essential community asset and an important component of a
development's design. Common open space attempts to preserve ecologically important
environments, provides attractive views and space for recreational activities and buffers the
development from other land uses. The intent of Component Five is to ensure that each development
provides an appropriate amount and type of open space within the site.
B. Open Space Regulations. Common open space is intended to establish a sense of community and
increase the quality and uniqueness of each site. Open space provides enjoyable space while
adequately buffering various uses.
1. Common open space restrictions will be permanent and not for a period of years.
2. The homeowners organization will be established before any residences are sold.
3. Membership in the organization is mandatory for each residence owner.
4. The homeowners organization is responsible for liability insurance, taxes and maintenance of
open space and recreational and other facilities.
5. The organization will have the power to levy assessments which can become a lien on individual
premises for the purpose of applying the cost of operating and maintaining common facilities.
6. If the organization established to own and maintain common open space, or any successor
organization fails to maintain the common open space in reasonable order and condition in
accordance with the approved PUD final plan, the following action may be taken:
a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners
of the properties within the PUD that have a right of enjoyment of the common open space, and any
unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105, C.R.S.
b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified
within thirty(30) days or any extension thereof, the Board of County Commissioners, in order to
preserve the values of the properties within the PUD and to prevent the common open space from
becoming a public nuisance, may enter upon said common open space and maintain the same for a
period of one (1)year. Said entry and maintenance shall not vest in the public any rights to use the
common open space except when the same is voluntarily dedicated to the public by the owners and
accepted by the Board of County Commissioners. Before the expiration of said one-year period, the
Board of County Commissioners shall hold a public hearing to consider the necessity of continuing
such maintenance for a succeeding year. Notice of the hearing shall be given, in writing, not less
than thirty(30) days and not more than sixty (60) days prior to this hearing to the organization
normally responsible for the maintenance of the common open space and to the owners or residents
of the PUD. If the Board of County Commissioners determines that such organization is not ready
and able to maintain said common open space in reasonable condition, the Board may continue to
maintain said common open space during the next succeeding year, and shall be subject to a similar
hearing and determination in each year thereafter.
7. MI PUDs containing a residential element shall provide for a fifteen percent (15%) common open
space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard
will be considered and may be approved by the Department of Planning Services staff as long as the
intent of this Chapter and Chapter 26 have been met. This development is providing 15.79%
common open space.
8. MI PUDs may apply for a greater density and have reduced common open space when applying
the cash-in-lieu alternative listed herein.
a. In lieu of the preservation of land for common open space and subject to the discretion of the
Board of County Commissioners, the applicant has the option of paying to a public entity approved
by the County an amount equal to a proportionate share of the market value of the overall property
under development consideration at the time of the final plat<or dedicating an equal number of
acres at a different site Such public entity shall possess the authority to hold land for public
purposes. Should the developer select to purchase land for reduced on-site common open space, the
land shall be purchased within the MUD area, or an alternative site designated by the Board of
County Commissioners. Such alternative sites shall include, but not be limited to land preservation
activities and trail easements outlined in regionally accepted master plans.
b, The required acreage may be determined according to the overall common open space
requirement reduction. Such open space shall be dedicated to a public agency for one (1) or more
essential public purposes. Any area so dedicated shall be approved by the proper public agency and
shall be maintained by the public agency. The required acreage as determined may be reserved
through deed restrictions as open area, the maintenance of which shall be ensured by specific
obligations in the deed of each lot within the subdivision.
c. The required acreage shall be determined according to Appendix 26-E. Land shall be dedicated to
a public agency for one (1)or more essential public purposes. This option does not provide a
complete elimination of common open space within the proposed development. This option does
provide a reduced amount of common open space based upon the site features of the applicant site.
Individual site features shall also be taken into consideration by the Department of Planning Services
upon review of the application.
d. Any area so dedicated shall be approved by the proper public agency and shall be maintained by
the public agency. A written agreement to this effect shall be provided to the Department of
Planning Services at the time the sketch plan application is submitted. The agreement shall indicate
the agency's readiness and ability to accept the land dedication or conservation easement. A brief
statement regarding the maintenance of the property shall also be provided. Failure to provide this
information may result in the Department of Planning Services inability to process the review of the
sketch plan application on the subject site.
•
e. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be
determined by a land appraiser with the minimum qualifications of a Certified General Appraiser
through the Colorado State Board of Real Estate Appraisers. An appraiser with additional
qualifications of a MAI or an ARA is desirable. The applicant shall be responsible for all fees
associated with the appraisal. Payment shall be made according to the following formula: The
anticipated average retail lot value for all lots in the development/phase shall be multiplied by the
percentage of common open space the development is proposing to eliminate.
f. The amount collected shall be deposited in a segregated account upon recording the final plat in
the Department of Planning Services.
g. The amount collected shall be expended within ten (10) years from the collection date for
common open space, parks, wildlife preserves, riparian areas, trails or other lands to be preserved.
h. Performance standards and bulk standards of the proposed zoning district shall be adhered to.
C. Duties of the Department of Planning Services.
1. The Department of Planning Services will be responsible for evaluating the open space usage of
the PUD for compatibility with Chapters 22, 23, 24 and 26 of this Code, if applicable.
2. The applicant shall provide a statement detailing how any common open space will be owned,
preserved and maintained in perpetuity. As needed, the Planning Commission or its representative
shall compare the development to date with the approved construction plan to determine compliance,
as follows:
a. The construction and provision of all common open space, public utilities and recreational
facilities as shown in the application materials and all subsequent plans shall proceed at a rate which
is no slower than the construction of residential, commercial or industrial buildings and structures.
b. The applicant shall submit an on-site improvements agreement setting forth a plan providing for
the installation, permanent care and maintenance of open spaces, recreational areas and commonly
owned facilities and parking lots. The same shall be submitted to the County Attorney and shall not
be accepted until approved as to legal form and effect. (Weld County Code Ordinance 2001-1)
Sec. 27-6-90. Component Six - Signage.
A. Intent. Signage has become an increasing issue in the County. While signs serve as important
directional, informational and advertising tools, the clustering of signs may obscure the
landscape and confuse and distract drivers. The following signage controls are intended to protect
and preserve the visual corridors of the roadways within the County while preventing the obstruction
of traffic visibility and confusion from improperly placed and designed signs. These provisions
control the magnitude, placement and number of signs in the PUD Zone District.
B. Duties of the Department of Planning Services.
1. The Department of Planning Services staff shall insure that the intent of this Chapter is
carried out through the following sign regulations:
a. Sign district regulations in Subsection C below.
b. Sign construction standards in Subsection D below.
c. Design provisions and requirements in Subsection E below.
d. Nonpermitted signs in Subsection F below.
e. Nonconforming signs in Subsection G below.
2. The Department of Planning Services staff shall supply to the applicant written findings
regarding nonadherence to the sign regulations of this Chapter.
C. Sign District Regulations.
1. Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of
this Code, if applicable.
2. No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced,
structurally or otherwise altered in the MUD area without first obtaining a building permit from the
Department of Planning Services.
3. No sign shall be erected at or near the intersection of any road or driveway in such a
manner as to obstruct free and clear vision of motorists or at any location where, by reason of the
position, shape or color, it may interfere with, obstruct the view of or be confused with any
authorized traffic sign, signal or device. Signs located at an intersection will be outside of the
•
sight distance triangle. Signs which could potentially affect vehicle traffic shall be reviewed
by the Department of Public Works and the Colorado Department of
Transportation, if applicable.
4. No sign other than traffic control signs except as expressly allowed by state statute and permitted
by the Colorado Department of Transportation shall be erected, constructed or maintained
within, over or upon the right-of-way of any County, state or federal road or highway within the
County.
5. MI signs and components, including supports, braces and anchors, shall be of sound
structural quality and shall be kept in a state of good repair with a clean and neat appearance
throughout the County. If signs are not maintained as described, the Director of Planning or an
authorized representative shall have the right to order the repair or removal of any sign which is
defective, damaged or deteriorated, or has defects which may include holes, cracks, rotted, loose or
missing materials or parts of the sign.
D. Sign Construction Standards.
1. All letters, figures, characters or representations maintained in conjunction with, attached
to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
2. Any operable or removable parts of a sign such as a service opening cover or changeable
mechanically affixed lettering, logo, insignia or message shall be securely fastened or be
provided with safety chains or hinges.
3. Signs shall be constructed to prevent potential hazards to the public.
4. All permanent signs and sign structures in the County shall be designed and constructed in
accordance with the Uniform Building Code quality standards as adopted by the County. All
electrically illuminated signs shall be designed and constructed to conform with the electrical code
as adopted by the County. All signs and sign structures shall be also designed and constructed
to comply with the design standards set forth in this Chapter.
E. Design Provisions and Requirements for Signs in the PUD Zone District.
1. The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs
in the development. Such standards shall be included as part of any site plan and included in the
covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any
logo, type of illumination and location shall be set out in such standards.
2. The standards shall be such that signs constructed or maintained under the standards will comply
with the sign regulations of the County in the PUD Zone District, and shall be for the purpose of
assuring harmony and visual quality throughout a project.
3. Final development plans shall not be approved until the sign standards have been
approved by the Department of Planning Services.
4. All signs in development complexes shall be designed and constructed of materials which
harmonize with the architecture of the site on which the sign is located. Generally, the use of sign
materials the same as or similar to the main building materials used on-site shall be found to
provide the required level of design harmony. Design harmony is produced by adhering to the
following:
a. Marquee, canopy, overhead canopy, under-canopy, projecting or wall signs shall be
mounted at least fourteen (14) feet above any driveway and at least nine (9) feet above any
walkway over which they are erected. The top line of these signs shall not be higher than the top
of the wall, roof eaves or parapet line of the building to which they are attached.
b. Detached signs shall not be located in the visual sight triangle.
c. Off-site detached signs shall have a minimum setback of twenty-five (25) feet and a
minimum offset often (10) feet from the right-of-way.
d. On-site identification signs shall have a minimum setback of fifteen(15) feet and a
minimum offset of ten (10) feet from the right-of-way.
e. Detached signs shall have surrounding landscaping which extends a minimum of three (3)
feet from all sides of the sign base.
•
f. The minimum spacing between signs shall be six hundred (600) feet.
g. Signs within the MUD area or urban development node shall adhere to the sign
regulations in Chapter 26 of this Code.
F. Non-permitted Signs in the PUD Zone District.
1. Roof signs where any sign is mounted and supported wholly upon or over the roof of any
structure. For purposes of these regulations, surfaces with slopes less than seventy-five percent
(75%)from horizontal shall be considered to be roof surfaces.
2. Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed
shall not be used as a sign structure for any signs within the PUD Zone District.
3. Attention-attracting devices are prohibited, including mechanical or electrical appurtenances
such as revolving beacons or flashing signs, which are designed to compel attention. This shall not
apply to banners used as temporary signs to announce or promote events of civic interest, provided
that such banners are attached top and bottom (or two [2] sides) to permanent posts or buildings
erected for another purpose, and provided that a building/sign permit is obtained.
4. All temporary signs as allowed in Chapter 23 shall be removed within ten (10) days
after the event promoted.
5. Signs or components of signs that change physical position or light intensity by any
movement or rotation of the physical sign or components which make up the sign or which
give the visual impression of movement or rotation.
G. Nonconforming Signs. Every legally established sign in existence on the effective date of these
regulations within the PUD Zone District may continue in existence subject to the following:
1. A sign shall not be altered structurally or moved unless it is made to comply with the provisions
of these regulations. The changing of the movable parts of an existing sign that is designed for
such changes, or the repainting or reposting of display matter, shall not be deemed a structural
alteration.
2. The lawful use of a sign existing on the effective date of these regulations, although such sign
does not conform to the provisions hereof, may continue; but if such nonconforming use is
discontinued for a period of six (6) months or more, such sign shall not be used until it has been
made to conform with the provisions of this Chapter.
3. Any sign which has been damaged by fire, wind, explosion or natural disaster to the
extent that fifty percent (50%) or more of the construction value or replacement cost of the sign
before it was damaged shall be deemed to have been totally destroyed and the sign shall not be
restored except in conformity with this Chapter. My sign which has been damaged to an
extent less than fifty percent (50%) of the construction value or replacement cost of the sign
before it was damaged may be restored to the condition which it existed previously
as a nonconforming use prior to its damage. (Weld County Code Ordinance 2001-1)
Any signs permitted in this development shall comply with all Weld County requirements regulating
same. Intended is one entry-way sign which will be a ground sign no taller than 6'in height set in a
landscaped base and constructed in accordance with the currently adopted version of the Uniform
Building Code and all applicable construction standards adopted by Weld County. The sign will be
set back a minimum of fifteen (15)feet and have a minimum offset of ten (10)feet from the right-of-
way so as not to obstruct vision in the required sight distance triangle. The sign will be maintained
by the homeowner's association. The sign may be illuminated by indirect lighting aimed to ensure
no interference with vehicular traffic. The size, colors, materials, styles or lettering, appearance of
any logo, type of illumination and location shall be set forth in standards accompanying the
submittal of the final plat and final development plans.
Sec. 27-6-100. Component Seven - MUD Impact.
A. Intent. The MUD area has been developed to provide high quality development in an urban
corridor area within the County and therefore, development in the MUD area is driven by the
intensity of the use and the impacts of the use on adjoining neighbors and the community.
B. Duties of the Department of Planning Services. When an application is proposed for the MUD
area, additional standards will apply. These standards are intended to carry out the intent and goals
of Chapter 26 of this Code. The Department of Planning Services will review all PUD proposals for
development inside of the MUD area in conjunction with the applicable standards set forth in
Chapter 26.
Sec. 27-6-110. Component Eight - intergovernmental agreement impacts.
A. Intent. Efficient and orderly land development directs PUD developments to locate where urban
services exist or can more easily be provided, such as in close proximity to municipalities and within
the MUD area. Currently, the County and many municipalities are cooperating in joint planning
efforts to achieve a consistent vision for land surrounding municipal boundaries. This coordination is
achieved through intergovernmental agreements. We have talked to the City of Longmont Planning
Department and they have no objection to this proposal. They will indicate as such in their referral
response letter.
B. Duties of the Department of Planning Services. When an application is proposed in an area
included in an intergovernmental agreement, additional standards and criteria for review will apply.
These standards are intended to carry out the intent and goals of the intergovernmental agreement
with the affected municipality. The Department of Planning Services will review PUD proposals for
development influenced by an intergovernmental agreement area in conjunction
Review Criteria For Change of Zone
a. That the proposal is consistent with any intergovernmental agreement in effect influencing the
PUD and Chapters 19,22,23,24 and 26 of this Code.
.— b. That the uses which would be allowed in the proposed PUD will conform with the performance
standards of the PUD Zone District contained in Article II of this Chapter.
c. That the uses which would be permitted shall be compatible with the existing or future
development of the surrounding area as permitted by the existing zoning, and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
d. That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal
system in compliance with the performance standards in Article II of this Chapter.
e. That street or highway facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the uses of the
proposed PUD Zone District.
f In the event the street or highway facilities are not adequate,the applicant shall supply information
which demonstrates the willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Section of Chapters 22, 24 and 26 of this Code, if
applicable. This shall be shown by submitting with the POO district application a separate proposal
for on-site and off-site improvement agreements. This proposal shall describe, in detail, the type of
on-site improvements in compliance with Section 24-9-10 and off-site road improvements in
compliance with Section 24-9-20 of this Code, to determine if the requirement for street or highway
facilities providing access to the property has been satisfied. The method of guarantee shall conform
with the County's policy regarding collateral for improvements.
g. That there has been compliance with the applicable requirements contained in Chapter 23
regarding overlay districts, commercial mineral deposits and soil conditions on the subject site.
h. Consistency exists between the proposed zone district, uses and the specific or conceptual
development guide. We believe that this proposal meets or exceeds all of the above criteria.
ACCOUNT# R4774286 REAL ESTATE PROPERTY TAX NOTICE^
PARCEL# 120730000044 2003 TAXES DUE IN 2004 WELD COUNTY TREASURER
44 Ott k
TAX DISTRICT 2340 P-O.80X 46e tan
duplicate GREELE,CO 1002-049e 74,_
TAX •,UTHO'ITV T•X LEVY TEM'TAX CRE.IT
WELD COUNTY 22.038 0.564 120.46 LAND 19,342 5,610
WV 'IBRARY 3.249 18.23
SC LDISTREIJ 40374 226.50
NCW WATER 1.000 5.61 V
SVW WATER 0.243 1.36
MOUNTAIN VIEW FIRE 7.817 4345 r
MTN VIEW FIRE(BOND 0.300 1.68
ST VRAIN SAN 4.925pA I 4.32
TOTAL LEVY NET LEVY—>79.382 .44532
The value of your property for 2004 will not&ant ham
GRAND TOTAL 44532 the tt s*urn en dais tat entice unless tke Assessor'; 1
a�ap�� offer suds you a notice of value m May. Propertyownus
"'^•Q may appeal lens m hw postmarked Mao Juste 4 2004,
Rr 1 4 by or by appearing the Assessesoffre from May 3 to Juste
Yap �y� I,2004. P
WATER FEES ON THIS ACCOUNT
SB 25-In absence of State Legislative Funding,
your School General Fund mill levy would have been 65.601
25624-A W2W2NE4 30 368(75R) WELD
FIRST HALF FEB 29,2004 722.66
SID.IIA6E_ JUN I.5,2004
4____ PAYMENT APR 30,2014 44532
PROPERTY LOCATION:WELD f/
flake Checks Payable Tor
OLSON&LOWREY DEVELOPMENT LW WELD COUNTY TREASURER
3040 S NEWCOMBE WAY POST OATEDCHECICS ARE NOT ACCEPTED
n you have sold this OnANN Y please famm d nee statameoa to
Doe new moor or mourm ta Ws Sloe macd'psoperoy=Mr
LAKEWOOD,CO 80227
TINE OFFICE IS REQUIRED BY LAW TO SEC
THE TAX NOTICE TO TIE OWNER OF RECORD- W YOUR
`., TAXES ARE PAM BY A MORTGAGE COMPANY KEEP THIS
NOTICE FOR YOUR RECORD.
RETAIN TOP PORTION FOR IUDM MBXfl&
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS
p_ KAHN
FAX 303-413-1003
JEFFREY J.KAHN lTLill L.7 C1L �HII/�I Mailing address:
IOHN W.GADDIS A PROFESSIONAL CORPORATION POST OFFICE BOX 978
BRADLEY A.HALL ATTORNEYS AND COUNSELORS
LONGMONT,CO 80502-0978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK Street address:
ANTON V.DWORAK SECOND FLOOR
ADELE L.REESTER 515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD
areester@blglaw.com
May 3, 2004
Board of County Commissioners
Weld County
P.O. Box 458
Greeley, Colorado 80632
Re: Nesting Crane Ranch
Dear Commissioners:
This Firm represents Stenerson Olson &Lowrey Development, LLC (Developer), which is
applying for a Change of Zone for the development of Nesting Crane Ranch. The matter is set
for a hearing on June 15, 2004.
Nesting Crane Ranch is proposing to utilize Eastland Road in the Seamore Heights subdivision
as an emergency access point to the development. Eastland Road was vacated by the Board of
County Commissioners (Board); however, there is still an easement along the road. The County
has acknowledged this easement. The Developer is requesting that the Board open the access
along the easement so that Eastland Road may be utilized as an emergency access for Nesting
Crane Ranch.
Yours truly,
BERNARD,LYONS, GADDIS & KAHN,
a Professional Corporation
By e
Adele L. Reester
cc: Jeff Olson
Jacqueline Hatch
Lee Morrison, Esq.
G'\CLIENTS\S\STENK\L-SD 05.03.04.DOC 5/3/04
Weld County Planning Department
GREELFY nEFICE
DANIEL F.BERNARD
BERNARD LYONS
RICHARD N.LYONS,II ♦ 7j ��� MAY �' (l ll'�/FAX 303-413-1003
JEFFREY J.KAHN GADDIS & KAHN
JOHN W.GADDIS n ading address:
BRADLEY A.HALL A PROFESSIONAL CORPORATION K�l r � ICE BOX 978
STEVEN P.JEFFERS ATTORNEYS AND COUNSELORS �r LONGMONT,CO 80502-0978
WENDY SLEE RUDNIK
Street address:
ANTON V.DWORAK
SECOND FLOOR
ADELE L.REESTER
515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD
areester@blglaw.com
May 3, 2004
Jacqueline Hatch
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: Nesting Crane Ranch
Dear Ms. Hatch:
This Firm represents Stenerson Olson& Lowrey Development, LLC (Developer), which is
applying for a Change of Zone for the development of Nesting Crane Ranch. The matter is set
for a hearing on June 15, 2004.
On April 26, 2004, you requested that the Developer submit a signed agreement with the ditch
company regarding use of the ditch water for irrigation of the property. While the Developer has
water rights in the ditch, it is a lateral ditch and the Developer has chosen not to utilize these
water rights for irrigation purposes and is not seeking to reopen the ditch. There is no
requirement that a property owner utilize a lateral ditch for irrigation. Instead, the Developer will
be purchasing water taps from the Longs Peak Water District. Therefore, there is no need for the
Developer to enter into an agreement with the ditch company.
This should satisfy the County's concerns about this item for the Change of Zone. If you have
any questions, please give me a call.
Yours truly,
BERNARD,LYONS, GADDIS & KAHN,
a Professional Corporation
By ea.(Jl-_ ��--
Adele L. Reester
cc: Jeff Olson
G:\CLIENTS\S\STENK\L-HATCH 05.03.04.OOC 5/3/04
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS & KAHN FAX 303-013.1003
JEFFREY J.KAHN
, JOHN W.GADDIS Mailing address:
A PROFESSIONAL CORPORATION POST OFFICE BOX 978
BRADLEY A.HALL ATTORNEYS AND COUNSELORS
STEVEN P.JEFFERS LONGMONT,CO 80502-0978
WENDY SLEE RUDNIK
ANTON V.DWORAK Street address:
ADELE L.REESTER SECOND FLOOR
515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD Alf May 7, 2004 weld l;rroa t IaRrElrAg [e a ire"hot
Jacqueline Hatch NAV f71 ,0 2004
Weld County Department of Planning Services 1555 N. 17th Avenue C C
C -D
Greeley, Colorado 80631
Re: Nesting Crane Ranch
Dear Ms. Hatch:
I understand that the County needs additional information regarding the lateral ditch on the
development property and any downstream users.
William Sipe is the ditch rider who turns ordered irrigation water into the development's lateral
ditch, as well as the other users upstream from the subject property. He confirmed that Nesting
Crane Ranch is the last user on the lateral ditch. The development's use or non-use of the lateral
ditch will have no effect on any other users because there are no other users downstream.
If you have any questions,please let me know.
Yours truly,
BERNARD, LYONS, GADDIS & KAHN,
a Professional Corporation
By (LitilLee-
Adele L. Reester
cc: Jeff Olson
G:\CLIENTS\S\STENK\L•HATCH 05.07.04.D0C 5/7/04
'RFD-Q4TOKaIt COPE
DO TA Dkwllatri
STENERSON, OLSON & LOWREY DEVELOPMENT, LUC-caAD°M"'t ,"t "TAIT
ARTICLES OF ORGANIZATION
Pursuant to §7-80-203, Colorado Revised Statutes (C.R.S.), the individual named below
causes these Articles of Organization to be delivered to the Colorado Secretary of State for filing
and states as follows:
FIRST 2.6031302174 C
$ 106.00
Name of Limited Liability Company SECRETARY OF STATE
09-19-21153 15:33:09
The name of the Limited Liability Company is:
Stenerson, Olson & Lowrey Development, LLC
SECOND
Duration
The period of duration will be perpetual.
THIRD
Purpose
The limited liability company is organized for any legal and lawful purpose pursuant to
the Colorado Limited Liability Company Act.
FOURTH
Registered Agent
The address of the initial registered office of the limited liability company is 3040 South
Newcombe Way, Lakewood, Colorado 80227, and the name of its initial registered agent at such
address is Jeffrey Olson.
FIFTH
Business Address
Address of the principal place of business: 3040 South Newcombe Way, Lakewood,
Colorado 80227.
SIXTH
Initial Managers
Management of Stenerson, Olson & Lowrey Development, LLC shall be vested in
Managers rather than members and the name and business address of the initial Managers of the
Stenerson, Olson & Lowrey Development, LLC is as follows:
Jeffrey Olson
3040 South Newcombe Way
Lakewood,Colorado 80227
Jeffrey Lowrey
25 Coral Place
Greenwood Village, Colorado 80111
SEVENTH
The name and mailing address of the individual who caused this document to be
delivered for filing, and to whom the Secretary of State may deliver notice if filing of this
document is refused, is:
Michael J. Tauger,Esq.
5445 DTC Parkway, Suite 520
Englewood,Colorado 80111
2
TABLE OF CONTENTS
ARTICLE I-DEFINITIONS 5
ARTICLE II-ORGANIZATION 6
2.1 Formation and Name 6
2.2 Principal Place of Business; Registered Agent 7
2.3 Purposes 7
2.4 Duration of Company 7
2.5 Conflict Between Articles of Organization and this Agreement 7
2.6 Membership Interest 7
ARTICLE III—MANAGEMENT OF THE COMPANY g
3.1 Managers 8
3.2 Regular Meetings 8
3.3 Special Meetings 8
3.4 Notice 8
3.5 Participation by Electronic Means 8
3.6 Quorum and Manner of Acting 9
3.7 Organization 9
3.8 Presumption of Assent 9
3.9 Informal Action by Managers 9
3.10 Vacancies 9
3.11 Compensation 9
3.12 Removal of Managers 10
3.13 Resignations 10
3.14 Specific Powers of Farh Manager 10
3.15 Operations 11
3.16 Limitation of Liability 11
3.17 Limitation on Powers of the Members 12
3.18 Liability of Managers to Members and the Company—Indemnification 12
3.19 Insurance 12
ARTICLE IV-CAPITAL CONTRIBUTIONS AND UNITS 12
4.1 Capital Contributions 12
4.2 Member's Units 13
4.3 Rights of Units 13
4.4 Preemptive Rights 13
4.5 Additional Capital Contributions 13
4.6 Remedies 13
4.7 Loans 14
4.8 Representations and Warranties of Members 15
ARTICLE III
MANAGEMENT OF THE COMPANY
3.1 Managers. The business and affairs of the Company shall be managed by the
Managers (the "Managers")of the Company. There shall be initially at least one Manager and at
all times there shall be no less than one, nor more than seven Managers. Managers need not be
Members of the Company, or residents of the State of Colorado, and shall be elected at the
Annual Meeting of Members or any adjournment thereof. Managers shall hold office until the
next succeeding Annual Meeting of Members, and until their successors shall have been elected
and shall qualify. The Managers may increase or decrease the number of Managers by
resolution. The initial Managers shall be Jeffrey Olson and Jeffrey Lowrey.
3.2 Regular Meetings. A regular, annual meeting of the Managers shall be held at
the same place as, and immediately after, the Annual Meeting of Members, and no notice shall
be required in connection therewith. The Annual Meeting of the Managers shall be for the
purpose of the transaction of such business as may come before the meeting. The Managers may
provide by resolution, the time and place, either within or without the State of Colorado, for the
holding of additional regular meetings without other notice than such resolution.
3.3 Special Meetings. Special meetings of the Managers may be called by or at
the request of any Manager. The person or persons authorized to call special meetings of the
Managers may fix any place whatsoever as the place for holding any special meeting of the
Managers called by him or her or them.
3.4 Notice. Written Notice of any special meeting of Managers shall be given as
follows:
a. By mail to each Manager at his or her business address at least three days
prior the meeting; or
b. By personal delivery, fax or telegram at least 24 hours prior to the meeting
to the business address of each Manager, or, in the event such notice is given on a Saturday,
Sunday or holiday, to the residence address of each Manager. If mailed, such notice shall be
deemed to be delivered when deposited in the United States Mail, so addressed, with postage
thereon prepaid. If notice be given by fax, such notice shall be deemed to be delivered when
such notice is actually faxed, and, if such notice be given by telegram, such notice shall be
deemed to be delivered when the telegram is delivered to the telegraph company. Any Manager
may waive notice of any meeting. The attendance of a Manager at any meeting, shall constitute
a waiver of notice of such meeting, except where a Mier attends a meeting for the express
purpose of objecting to the transaction of any business because a meeting is not lawfully called
or convened. Neither the business to be transacted at, nor the purpose of, any regular or special
meeting of the Managers need be specified in the notice or waiver of notice of such meeting.
3.5 Participation by Electronic Means. Managers or any committee designated by
such managers may participate in a meeting of Managers or committee by means of conference
8
telephone or similar communications equipment, by which all persons participating in the
meeting can hear each other at the same time. Such participation shall constitute presence at the
meeting.
3.6 Quorum and Manner of Acting. A quorum at all meetings of the Managers
shall consist of the number of Managers then holding office, but a smaller number may adjourn
from time to time without further notice, until a quorum is secured. The act of the majority of
the Managers present at the meeting at which a quorum is present shall be the act of the
Managers, unless the act of a greater number is required by the laws of the State of Colorado.
3.7 Organization. The Managers shall elect a Chairman to preside at each meeting
of the Managers. The Managers shall elect a Secretary to record the discussions and resolutions
of each meeting.
3.8 Presumption of Assent. A Manager of the Company who is present at a meeting
of the Managers at which action on any Company matter is taken shall be presumed to have
assented to the action taken unless his or her dissent shall be entered in the minutes of the
meeting or unless he or she shall follow his or her written dissent to such action with the person
acting as the Secretary of the meeting before the adjournment thereof or shall forward such
dissent by registered mail to the Managers of the Company immediately after the adjournment of
the meeting. Such right to dissent shall not apply to a Manager who voted in favor of such
action.
3.9 Informal Action by Managers. Any action required or permitted to be taken
by the Managers, or a committee thereof, at a meeting may be taken without a meeting if a
consent in writing, setting forth the actions so taken, shall be signed by all the Managers, or all
the committee Members entitled to vote with respect to the subject matter thereof.
3.10 Vacancies. Any vacancy occurring in the number of Managers may be filled
by the affirmative vote of a majority of the remaining Managers, though less than a quorum of
the Managers. A Manager elected to fill a vacancy shall be elected for the unexpired term of his
predecessor in office, and shall hold such office until his or her successor is duly elected and
shall qualify. Any Manager position to be filled by reason of an increase in the number of
Managers shall be filled by the affirmative vote of a majority of the Managers then in office, or
by an election at an annual meeting, or at a special meeting of Members called for that purpose.
A Manager chosen to fill a position resulting from an increase in the number of Managers shall
hold office only until the next election of Managers by the Members.
3.11 Compensation. By resolution of the Managers, and irrespective of any
personal interest of any of the Managers, each Manager may be paid his expenses, if any, of
attendance at each meeting of the Managers, and may be paid a stated salary as Manager or a
fixed sum for attendance at each meeting of the Managers or both. No such payment shall
preclude any Manager from serving the Company in any other capacity and receiving
compensation therefore.
9
3.12 Removal of Managers. Any Manager or Managers of the Company may be
removed at any time with or without cause, at a special meeting of the Members specifically
called for such purpose, and by a majority vote of the Membership Interest of Members of the
Company present at such special meeting, so long as a quorum is present at such special meeting
as set forth in Article V.
3.13 Resignations. A Manager of the Company may resign at any time by giving
written notice to the remaining Managers of the Company. The resignation shall take effect
upon the date of receipt of such notice, or at any later period of time specified therein. The
acceptance of such resignation shall not be necessary to make it effective, unless the resignation
requires it to be effective as such.
3.14 Specific Powers of Each Manager. The provisions set forth in this Article in no
manner limit the power or authority of each Manager to act on behalf of or by the Company, or
transact business on behalf of the Company as provided by the Act. Without limiting the rights
and powers given each Manager under the Act or otherwise by this Agreement, each Manager
shall have the following specific powers in furtherance of the business of this Company:
3.14.1 To use the Company's capital, loan proceeds, revenues, or income
for the payment of any and all costs and expenses of the Company's business and activities, and
in connection therewith, to execute and deliver all checks, drafts, and other orders for the
payment of Company obligations.
3.14.2 To make all financing decisions required to be made by the
Company relating to its business or businesses.
3.14.3 To enter into, execute and deliver(i) all deeds, assignments, notes,
deeds of trust, mortgages, leases, receipts, releases, discharges, and other instruments and
documents deemed by the Managers to be necessary or appropriate for the conduct of the
Company's business or businesses on behalf of the Company, or for the performance or exercise
of the Managers' duties or powers under this Agreement, and pursuant to the Act, and (ii) all
other instruments of any kind or character relating to the affairs of the Company or its business
or businesses, whether like or unlike the foregoing.
3.14.4 To incur indebtedness and other obligations on behalf of the
Company and furtherance of the Company's business or businesses; the power to incur
indebtedness shall include the power to borrow money, to execute promissory notes, and, if
securities required therefore, to mortgage, deed, entrust, pledge, or subject all or any portion of
the assets of the Company or of the business on behalf of the Company, to any security device, to
obtain replacements of any Deed of Trust or any other security device, to prepay, in whole or in
part, refinance, increase, modify, consolidate or extend any Deed of Trust or other security
device.
3.14.5 To acquire and enter into any contract or insurance which the
Managers deem necessary or appropriate for the protection of the Company, for the conservation
10
of the Company and/or business assets, or for any purpose convenient and beneficial to the
Company.
3.14.6 To employ or cause to be retained agents from time to time to
render the type of services generally needed in the operation and management of the business of
the Company, including, but not limited to, accountants, attorneys, engineers, architects,
contractors, insurance brokers and real estate brokers, on such terms and for such compensation
as the Managers shall determine to be reasonable and in the best interest of the Company.
3.14.7 To determine the appropriate accounting method or methods to be
used by the Company.
3.14.8 To purchase, lease or otherwise acquire, improve, develop,
manage, maintain and operate and to sell, lease, trade or otherwise dispose of such real and
personal property as may reasonably be necessary or incidental to the Company's business.
3.14.9 To execute, acknowledge and deliver any and all instruments to
effectuate the foregoing and to take all such action in connection therewith as a Manager shall
deem necessary or appropriate.
The above enumeration of powers shall not require the exercise of any such power by any
Manager except in his, her or their sole discretion or as otherwise required by this Agreement. A
Manager shall not be liable to the Company or any Member for any act or omission performed or
omitted by it in good faith pursuant to the authority granted to it by this Agreement, except for
fraud,willful misconduct or gross negligence.
3.15 Operations. The day to day operation and management of the affairs of the
Company, including the management of its rights, duties and obligations in respect of the
business, shall be the obligation and responsibility of the Managers. The Managers, however,
shall not be required to manage the business or businesses of the Company, but may select either
a Manager or Managers, a Member or a non-affiliated third party to provide this service. The
Managers shall devote themselves to the Company's business to the extent it is necessary for the
efficient carrying on thereof, without any fee or compensation therefore, except for a
management fee or salary to be paid only in the event a Manager or Managers are responsible for
the management of the business or businesses of the Company. Such management fee or salary
will provide for, among other items, reimbursement of actual expenses including, without
limitation, out of pocket expenses incurred in connection with the day to day of the Company's
business and reasonably allocated overhead. If such fee is paid to a Manager or Managers, it
shall be in an amount not in excess of the fee that generally would be charged by a non-affiliated
third party for similar services.
3.16 Limitation of Liability. The Managers do not in any way guarantee the return of
any Member's Capital Contribution or a profit for the Members from the Company's business.
Neither the Company nor any of the Members shall have any rights by virtue of the Articles of
Organization, this Operating Agreement or any applicable law in or to the other business
11
ventures of the Managers or to the income, gains, losses, deductions and credits derived
therefrom by the Managers.
3.17 Limitation on Powers of the Members. Unless authorized to do so by this
Operating Agreement or by the Managers, no Member, agent, or employee of the Company shall
have any power or authority to bind the Company in any way, to pledge its credit or to render it
liable for any purpose.
3.18 Liability of Managers to Members and the Company—Indemnification. The
Managers shall not be liable to the Members because any taxing authorities disallow or adjust
any deductions or credits in the Company income tax returns. Furthermore, the Managers shall
not have any personal liability for the repayment of Capital Contributions of the Members. In
addition to any indemnification contained in the Articles of Organization, the doing of any act or
the omission to do any act by the Managers, the effect of which may cause or result in loss or
damage to the Company, if done in good faith and otherwise in accordance with the terms of this
Agreement, shall not subject the Managers or the Managers' successors and assigns to any
liability. The Company will indemnify and hold harmless the Managers and the Managers'
successors and assigns from any claim, loss, expense, liability, action or damage resulting from
any act or omission in connection with Company affairs, including, without limitation,
reasonable costs and expenses of litigation, except where the same is due to or arising out of the
fraud,bad faith or gross negligence of the Managers.
3.19 Insurance. The Company may maintain in force at all times for the protection of
the Managers such insurance as the Managers believe warranted for the operations being
conducted.
Lb/[CGs 1/:tll .311.1t3/WIWI JIFF I ryN r4Wt ai
18.3 Further Instruments. The Members hereunder shall from time to time execute
and deliver such further instruments as any other Member or its counsel may reasonably request
to effectuate the intent of this Agrwnrcnit.
18.4 Captions. Any titles or captions of articles or sections contained in this
Agreement are for convenience only, and shall not be deemed part of the context of this
Agreement.
18.5 Investment Intent. In acquiring an ownership interest in the Company, each
Member warrants and represents to the other MsaJ s that it is acquiring such ownership interest
for its own account for investment and not with a view to its sale or distribution. Each Member
recognizes that his, her or its investment is highly speculative and involves substantial risks
wherein the Member could lose his,her or its entire investment.
The undersigned execute this signature page to the Operating Agreement of Steverson,
Olson & Lowrey Development, LLC awl agree to all of the terms and provisions contained
therein.
MEMBERS:
Je O
Jeffey Lowrey
29
SEP-26-2003 FRI 03:51 PM TEAM LENDING CONCEPTS FAX NO. i2U4685UU9 P. U2
18.3 Further Instruments. The Members hereunder shall from time to time execute
and deliver such further instruments as any other Member or its counsel may reasonably request
to effectuate the intent of this Agreement.
18.4 Cantons. Any titles or captions of articles or sections contained in this
Agreement are for convenience only, and shall not be deemed part of the context of this
Agreement
18.5 Investment Intent. In acquiring an ownership interest in the Company, each
Member warrants and represents to the other Members that it is acquiring such ownership interest
for its own account for investment and not with a view to its sale or distribution. Each Member
recognizes that his, her or its investment is highly speculative and involves substantial risks
wherein the Member could lose his,her or its entire investment.
The undersigned execute this signature page to the Operating Agreement of Steverson,
Olson & Lowrey Development, LLC and agree to all of the tams and provisions contained
therein.
MEMBERS:
1Currb if A.S neon
ey wrey
29
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STATE ' �_ RADO
/
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
STENERSON, OLSON & LOWREY DEVELOPMENT, LLC
(COLORADO LIMITED LIABILITY COMPANY)
FILE # 20031302174 WAS FILED IN THIS OFFICE ON September 19, 2003
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
Dated: September 19, 2003
IiSeitlia: 4..64;040 -) I
SECRETARY OF STATE
I Luni
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