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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: TT WA/II4 33"9 " lc1 Lod C, "RE - 302-
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 0 LI 5 3 33 0 0 0 0_1_ (O (12 digit number-found on TAX I.D. or obtained at the Assessor's
Office)
NAME OF PROPOSED PUD SUBDIVISION 'P.LL.D. -Tht. 5htre,
EXISTING ZONING A fleU_klvr0-A PROPOSED ZONING ESICUA-Q,
^ TOTAL ACREAGE 135 ± OVERLAY DISTRICTS 1.1Dnt
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual) Sp�Ctc-,C,
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Lox'ct 0.1 O Su\2t r X21r�tr3 PHONE Q \-33 1D-2134
ADDRESS -"(\3 SlW-kA. Skcytt\ Tart C .\\\ C0 BOS24
NAME PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT (if different than above `)
NAME
ADDRESS
HOME TELEPHONE BUSINESS TELEPHONE
If agent is different from the property owner, please submit written documentation from the property owner
authorizing said agent to represent the owner.
et/1
lath /1 /)-f7 z u�.D
ure: Owner of Authorized Agent
U EXHIBIT
14
2003-1202
Mar 23 03 11 : 39p Me_Lmers 970-221 -3334 p. 2
March 21, 2003
Weld County Planning Department
1555 N. 17`s Avenue
Greeley, CO 80631
Attn: Weld County Planning Commission
RE: Subject PZ-1007—Response to Colorado Water Resource requirements for well
permits.
This letter is to clarify a change that will be made to the above referenced PUT) in order
to comply with State well requirements. Please reference the State's response to the
Change of Zone submittal for this PUD.
We will be dropping the development from six estate lots to five estate lots. This change
will be accomplished by simply erasing the property line between Lots 5 and 6 and
creating one large lot at the end ofthe cul de sac which will hereafter be called Lot 5.
Plcasc refer to the attached drawing for clarification.
With the Planning Commissions approval, we will make this change on the Final Plat
map and would still request an Administrative Review at Final Plat.
In addition to the above, we would like for the Commission to note that when rural wale'
becomes available to these properties, we would like to apply to divide Lot 5 into two
lots at that time and supply the lot with rural water. This extra lot is intended for the use
of family members who may need assistance and need to live near us;therefore,we
would like to keep our options open for a future lot.
At this time we are submitting this letter as a solution to the current well objections.
Sincerely,
/Wee.
Lance and Juice Meiners
Mar 23 03 11 : 40p Mey[9ers 970-221 -3334 p. 3
The Shire P .U .D . -
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February 14, 2003
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: PUD: The Shire
To Whom It May Concern:
Please accept the attached submittal as a Change of Zone application for the above
referenced PUD. We would like to request at this time, an administrative review of the
final plat when such conditions for the final plat have been met and submitted.
If you have any questions regarding this application, please contact us at 970-221-3334.
Thank you for your consideration.
Respectfully submitted,.
Lance and Julee Meiners
713 Sitka Street
Fort Collins, CO 80524
EXHIBIT
1 _
THE SHIRE PLANNED UNIT DEVELOPMENT
CHANGE OF ZONE
TABLE OF CONTENTS
Change of Zone PUD Application
Affidavit of Interested Land Owners Surface Estate
Affidavit of Interest Owners Minerals and/or Subsurface
Change of Zone Plat
Engineered Road Design
Engineered Drainage Plan
Specific Development Guide
Landscape Map
Additional Information:
Explanation of State Engineer's requirements for wells
Correspondence with Sheriff's Office, Nunn Fire Protection, RE-9
Correspondence from Applicable Utility Companies
Correspondence to Union Pacific Railroad's Agent
Property Tax Certificate
The Shire's Homeowners' Association Proposed Bylaws and Covenants
The Shire Planned Unit Development
Specific Development Guide
For Change of Zone
Component One—Environmental Impacts
A. Noise and Vibration—As this PUD will be for residential use only, noise and
vibration will not impact this area or surrounding areas with the possible
exception of the short term construction of homes.
B. Smoke, Dust and Odors—The design and water allowance for these lots limits the
future owners' use to domestic use; thus eliminating the probability of smoke,
dust or excessive odors.
C. Heat, Light and Glare— It is unexpected that residential lots will create any heat,
light or glare issues.
D. Visual/Aesthetic Impacts —This PUD will enhance the countryside along WCR
100 by creating areas of vegetation, trees and cultivated yards as well as providing
a neighborhood look without interrupting the agricultural uses and beauty of the
land.
E. Electrical Interference—The necessary electrical lines will be located in
easements as defined on the enclosed map. There is no expected impact with
electrical interference in regard to radio, aerial or migration activities.
F. Water Pollution—The PUD will implement drainage control and septic systems in
compliance with Weld County regulations. No water pollution impact is
expected.
G. Waste Water Disposal—Please refer to Engineer's report.
H. Wetland Removal —Wetland Removal does not apply to this PUD as no wetlands
exist on the property.
I. Erosion and Sedimentation—Erosion controls and reseeding methods will be used
during and after construction.
J. Excavating, Filling and Grading—Normal excavation shall occur during
infrastructure installation and construction of homes. Construction activities shall
be in accordance with standard procedures as well as Weld County Public Works
regulations.
K. Drilling, Ditching and Dredging—These impacts do not apply to this
development.
L. Air Pollution—Pollution should not be a factor for this development. Only
residential development and agricultural uses will occur.
M. Solid Waste—This impact does not apply to this development.
N. Wildlife Removal—We are not anticipating the need for any type of wildlife
relocation. Certain wildlife will relocate due to the development of the property.
Most of the wildlife will stay or frequent the development due to the size of the
lots and retained agricultural acreage. Exotic or endangered species are not
present on this site.
O. Natural Vegetation Removal —Minimal disturbance of the natural vegetation will
be necessary during construction. Areas that are disturbed will be reseeded after
construction is complete.
P. Radiation/Radioactive Material —These impacts do not apply to this development.
Component Two—Service Provision Impacts
A. Schools—This development is within the RE-9, Ault School District. Please see
attached letter. This amount will be paid in full upon final plat approval.
B. Law Enforcement—The development will be served by the Weld County
Sheriffs Department. Please see the enclosed correspondence as verification for
meeting their requirements.
C. Fire Protection—This development will be served by the Nunn Fire District.
Please see the attached correspondence as verification for requirements.
D. Ambulance—Ambulance service will be provided by Weld County Ambulance.
The Nunn Fire District as well as Air Life of Greeley will provide additional
emergency service. Only minor impact, if any, shall occur regarding Ambulance
Service. Law Enforcement, Fire Protection and Ambulance services are on an as-
needed basis.
E. Transportation (Internal Roadways)— In compliance with Weld County Public
Works, please refer to plat for engineered roadway and cross section. The
internal roadway will meet Weld County's paved requirements and maintenance
will be adopted by the county. Also, please note on plat the increased right of
way to 40 feet for WCR 100. The current right of way is 30 feet. An additional
10 feet has been added to the south side of WCR 100 to accommodate Weld
County Public Works requirements. Ten feet will need to be added to the north
side of the road.
F. Traffic Impact—According to comments received from Weld County Public
Works. "This development will introduce approximately 70 additional vehicle
trips per day to the roadway system. A traffic count taken 05-23-02 yielded 673
AADT. The additional residential traffic added to the roadway system will not
have enough impact to require off-site roadway improvements. A traffic study
will not be required."
G. Storm Drainage—Per Weld County Public Works requirements, we are
submitting a stamped, signed and dated engineer's report. Please see enclosed.
H. Utility Provisions—Please see enclosed statements from applicable utility
companies.
I. Water Provisions—Well water will serve the lot owners' needs. All 6 lots will be
served by individual wells. Each lot will be allowed 3,000 square feet of
watering, and up to two horses or the equivalent under the proposed well permits.
The proposed wells will be located the required 600 feet apart. Approximate
expected drilling depth is 700 feet and will access the Laramie-Fox Hills Aquifer.
Correspondence regarding the State's requirements is enclosed.
J. Sewage Disposal Provisions— Individual septic systems will be installed for each
lot per regulations of the Weld County Health Department at the time construction
is approved. In response to the specific concern expressed by the Health
Department that Lots 2 and 3 may require engineered septic systems, this
information will be disclosed to prospective buyers prior to the sale of either lot.
Component Three—Landscaping Elements
A. Landscaping will take advantage of the natural vegetation of the site, as it
currently provides adequate erosion control. A street sign will identify the
entrance to the PUD. A balled and burlap (or equivalent) tree will be placed on
either side of the entrance of the PUD, taking care not to obstruct traffic views
and maintaining compliance with required sight triangles. One of the following
trees will be selected, depending on availability: Marshall Seedless Ash,
Patmoore, Honey Locust, or Austrian Pine. Please refer to Landscape Map for
locations.
B. Buffering or screening between properties or other land uses are not planned for
this PUD.
C. Maintenance for above mentioned trees will be the responsibility of the Home
Owner's Association. However, once established, the trees should not require
regular maintenance outside of disease control or severe weather conditions.
D. On-site improvements will not apply to this PUD
E. Please refer to section C. The only landscaping outside of natural vegetation and
individual homeowner's yards will be the two previously mentioned trees.
Component Four—Site Design
A. This site does not contain any unique features.
B. By rezoning this PUD, we will be creating desirable and convenient residences.
This is an appropriate use for the property and increases the value of the property.
Rezoning will also preserve the majority of the area for agricultural purposes.
C. Because of the location of this property and surrounding development this
rezoning will be compatible with the surrounding area. The PUD will contain
estate properties as outlined in Section 23-3-400. Conflicts between land uses
will not apply as all properties will adhere to the estate zoning requirements as
well as The Shire Homeowners' Association Bylaws and Covenants, please see
enclosed.
D. The surrounding area is also agricultural with scattered residences. This
arrangement will be compatible with this PUD. No land use conflicts are
anticipated. Additionally, the 100+ acres, set aside as an agricultural outlot, will
ensure the agricultural setting of the area.
E. This PUD is not located within a flood hazard, geologic hazard or airport overlay
District.
Component Five— Common Open Space Usage
Section 23-1-90 Definitions: If a cluster development is proposed on agricultural lands,
the land shall be used or capable of being used for agricultural production such as
farming and ranching operations for the next forty (40) years.
A 100+ acre agricultural outlot has been designated for this PUD. Maintenance will be
retained by the owners of the agricultural outlot. This agricultural outlot satisfies the
PUD requirements and eliminates the need for common open space.
Component Six—Sign age
A stop sign and a street sign will be placed appropriately within the development. Please
refer to the engineered road design.
Additionally, a sign noting a directory of the residences as outlined by the sheriff's
department will conform to Weld County Code 27-6-90 and will be maintained by the
The Shire's Homeowners' Association (please see The Shire's Homeowners' Association
Bylaws).
Component Seven—MUD Impact
According to 26-1-20, "the MUD area covers approximately 12,800 acres with
approximate boundaries at WCR 1 on the west, WCR 11 on the east, State Hwy 66 on the
north, and WCR 20 on the south." This PUD is unrelated to this MUD development.
Component Eight—Intergovernmental Agreement Impacts
This PUD is unaffected by IGA, UGB and MUD impacts and overlay districts.
OFFICE OF THE SHERIFF
�. :y�aaia•..
9 ."1
1
\
Ed Jordan
October 21, 2002
Lance and Julee Meiners
713 Sitka Street
Fort Collins, Colorado 80524
Dear Mr. and Mrs. Meiners,
I have reviewed your response to the sheriff's office concerns with your PUD. You have addressed these
concerns with the exception of the permanent signage which we discussed. This sign should be a graphical
presentation of your sub-division placed at the entrance of the sub-division. I am sorry that I was not more
clear about this request. My of the names Fairhaven Drive, Silver Leaf Drive, or Graywood Lane will be
fine for your street name.
Please call me if you have further questions or concerns. Thanks for working with us to improve our
communities.
Sincerely,
Kenneth E. Poncelow
�r phone �ot`Jexsa�on Wvkh Ken on Feb °r`t I i lc°31 1hc,
roaA name u)-\\ be. Shkre. 'Ron- \ . asN
Greeley Office, 910 10th Avenue, Greeley, CO 80631, (970)356-4015 or 1-800-436-9276, FAX (970)
North Jail Complex, 2110 O Street, Greeley, CO 80631., (970) 356-4015, FAX
Ft Lupton Sub-Station, 330 Park Avenue, Ft Lupton, CO 80621, (303) 857-4334, FAX l
October 18, 2002
Mr. Ken Poncelow
Sheriff's Office
910 10'h Avenue
Greeley, CO 80631
Re: Attached proposal to address concerns with Meiner's PUD
Dear Mr.Poncelow,
Following our phone conversation, I am sending this letter as a proposal to address the following
concerns. In your response to our original sketch plan you mentioned the following:
A. Bus pull out and shelter—We have addressed the pull out with RE-9 and have
proposed a pull out/turn lane from WCR 100 that should meet the district's
needs. Please see the attached map as a preliminary draft. Since the need for a
shelter has yet to be determined, we propose that the building of a shelter become
the responsibility of the Home Owner's Association.
B. Mail distribution—We propose to locate the mailboxes along the internal
roadway of the PUD so residents do not have to cross a county roadway to obtain
their mail.
C. Names of streets-There is only one street to be named. We would like to
propose any of the following names. Please notify us of any that are
unacceptable and we will not use them. Fairhaven Drive, Silver Leaf Lane,
Crestview Drive, or Graywood Lane.
D. Permanent Signage—As this is only a six lot PUD and not a subdivision, we will
not be placing a sign at the entrance. It will be marked by the street sign.
E. Roadways—Due to county requirements,the internal roadway to the PUD will
be paved and consequently adopted by the county for all future maintenance.
F. There will be a Home Owner's Association and we will notify the sheriff's office
of a contact name and phone number for future communication. Until that is
determined,please feel free to contact us at anytime at our home, 221-3334.
G. Oil or Gas Wells—There are no oil or gas wells on this property.
If these proposals meet your concerns,please indicate by signing and faxing this letter to us at
970-221-3334 and we will proceed in making the above changes to our PUD plans. Please
contact us with any questions or concerns,we appreciate your time and help.
Sincerely,
K
Lance and Julee Meiners
713 Sitka Street
Fort Collins, CO 80524
970-221-3334 phone/fax
Ken Poncelow, Sheriff's Office
NUNN FIRE PROTECTION DISTRICT
487 LOGAN AVE, P.O. BOX 250
NUNN, CO 80648-0250
PHONE 970/897-2329
FAX 970/897-2659
JAN. 6,2003
TO WHOM IT MAY CONCERN:
THE NUNN FIRE DEPARTMENT IS AWARE OF THE PURPOSED SUBDIVISION
THAT THE MEINERS WISH TO DO. THIS PROPERTY IS LOCATED IN THE NUNN
FIRE PROTECTION DISTRICT.
THEY HAVE BEEN ADVISED THAT THEY NEED A WELL FOR FIRE
SUPPRESSION ON THEIR PROPERTY. THE WELLS IN THIS AREA DO NOT
SUPPLY ENOUGH WATER TO MEET THE DEMANDS THAT WE REQUIRE FOR
FIRE SUPPRESSION. THE PROPERTY THAT IS OWNED BY THE MEINERS IS
-� LOCATED CLOSE ENOUGH TO THE TOWN OF NUNN THAT ALL OF THE
WATER NEEDED FOR FIRE SUPPRESSION WOULD BE BROUGHT TO THE FIRE
ON TANKERS FROM NUNN.
NUNN FIRE CURRENTLY HAS TWO FIRE ENGINES THAT HAVE 500 GALLON
TANKS ON THEM FOR THE INITIAL FIRE ATTACK. WE ALSO HAVE TWO
TANKERS THAT WOULD BRING WATER TO THE FIRE. ONE IS A 4700 GALLON
TANKER,THE OTHER IS A 3000 GALLON TANKER. THEY ARE CARRYING
THREE PORTABLE TANKS THAT WOULD BE DROPPED AT THE FIRE SCENE SO
THEY CAN IMMEDIATELY RETURN TO THE CITY FOR MORE WATER WITH
THE AMOUNT OF WATER THAT WE CAN BRING IN WITH US TO A FIRE, A
WELL WOULD NOT PRODUCE ENOUGH OF A WATER SUPPLY FOR US TO EVEN
CONSIDER USING IT. IF THE FIRE IS EXTREMELY LARGE WE CAN ALSO
MUTUAL AID FIRE TANKERS IN FROM TWO OTHER NEIGHBORING FIRE
DEPARTMENTS.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS MATTER PLEASE
FEEL FREE TO CALL DEBBIE SHIPPS, FIREFIGHTER/ SECRETARY AT 970/381-
4402, OR ALVAN stuns NUNN FIRE CHIEF AT 970/897-2406.
THANK YOU,
DEBBIE SHIPPS
FIREFIGHTER/ EMT
NUNN FIRE PROTECTION DISTRICT
Highland Schools Weld Re-9
209 W First Street Ault, Colorado 80610 (970)834-1345 Branch Office(970)834-1185
Educational
Excellence October 22, 2002
Through
Community
Unification
Lance & Juice Meiners
713 Sitka Street
Fort Collins, CO 80524
Dear Lance & Julie Minors,
I received your letter dated October 18, 2002, regarding in-lieu payments for six
lots that you are wanting to subdivide.
In order for the district to be insured that it receives its money through the in-lieu
process we must collect the $759.00 fee amount for each property before we can
write out a receipt that shows the interest of the district being met. The reason that
I require this to be done is that when the county receives notification from us
through the receipt that you present to them that you have met all the requirements
set forth by the district there is no recourse for us to be able to collect unpaid fees
in the future. If there is no legal mandate to require sub dividers in the future to
pay us the fee because they have satisfied all county requirements for a recorded
exemption, the district in most cases will never be paid.
I truly am sorry that I cannot make exceptions to this, but, if I were to do this, I
would not collect from most people who know there is no legal obligation on their
part to pay at that time because they already have the recorded exemption
approved by the county.
In response to your question regarding the most favorable stop for a bus stop at the
six lot PUD that you plan to develop in the future, I have passed this information
on to the transportation department for their analysis. They will review your plans
and make a physical observation of the property and advise me as to what would
be best concerning a bus stop.
If you have any questions please give me a call.
Sincerely,
Neld " Sp A ,
Dennis M. Scheer, Ed. D
Superintendent of Schools
October 18, 2002
Mr. Dennis Scheer
Superintendent of Schools
209 West First Street
Ault, CO 80610
Re: Attached Planned Unit Development Proposal
Dear Mr. Scheer,
As we discussed on the phone earlier today, I am sending this letter to outline our plans for
accommodating RE-9 needs in relation to the development of this property. Please refer to the
map for clarification and note hand written changes are to be added at final plat.
RE-9 requires in-lieu payment of$759 per dwelling unit. There will be six sellable lots within
this PUD. Lots 1-4 are intended for sale while Lots 5 and 6 will be kept for family use. Due to
the stage of development we are currently in,we would like to request that we pay RE-9 $3804
for lots 1,2,3,4 and 6. This amount would be due and payable on the later of either August
20,2003 or 90 days following the final plat approval for the PUD.
We would also like to request that we pay for Lot 5 when it is developed as we are not planning
to develop this lot until a family need arises such as parents or grandparents moving near us for
assistance. I understand that recordkeeping for this request is cumbersome and would likely end
up being on our honor. I also understand that it is likely the in-lieu payment per dwelling amount
will increase by the time we develop Lot 5. We are committed to informing RE-9 ourselves at
such time as development takes place.
In addition to the above,there is the question of a bus pull out for the PUD. We are proposing a
pull out/turn lane into the PUD from WCR 100. Please refer to map for draft. Again, we are
committed to working for the benefit of children attending RE-9 schools and will adjust this offer
if necessary.
If this proposal seems agreeable to you,please indicate by signing below and faxing to 970-221-
3334 and we will proceed according to the above. Thank you for considering our proposal.
Sincerely,
Lance and Julee Meiners
713 Sidra Street
Fort Collins, CO 80524
970-221-3334
Dennis Scheer, Superintendent of Schools,RE-9
ACCOUNT# R1023602 REAL ESTATE PROPERTY TAX NOTICE WELD COUNTY TREASURER pr.
PARCEL# 045333000016 2002 TAXES DUE IN 2003 P.O.BOX 458 (4&r
TAX DISTRICT 0915 GREELEY,CO 80632-0458
54013 COLOftP°o
TAX AUTHORITY TAX LEVY TEMP TAX CREDIT GENERAL TAX VALUATION ACTUAL ASSESSED
WELD COUNTY 20.056 47.12 LAND 8,113 2,350
WELD LIBRARY 3.249 7.64
WEST GREELEY SOIL 0.414 0.97
SCHOOL DIST RE9 35.287 82.92
NUNN FIRE 3.248 7.63
AIMS JUNIOR COL 6.316 14.84
TOTAL NET LEVY->68.570 161.12
MESSAGES
GRAND TOTAL 161.12
Citizens who are 65 as of January I,2003 and who have
owned and occupied their homes as their primary residence
for 10 years may be eligible for the Senior Property Tax
Exemption. Please contact the Assessor's Office at
(970)353-3845 to request an application.
Individuals currently receiving the exemption do not need
to apply.
SB 25-In absence of State Legislative Funding,
- LEGA[ •ESC 1 TI•N•F -• E TY Un ai• ri wear taxes:
'NW4 33-9-67 LOT C REC EXEMPT RE-3092 EXC UPPR RES(1.14R) ;:Conrad Treasl�refs Otace immediateq if• a number appears abmre.
PAYMENT DUE DATE AMOUNT
•
FIRST HALF FEB 28,2003 80.56
SECOND HALF JUN 16,2003 80.56
FULL PAYMENT APR 30,2003 161.12
PROPERTY LOCATION:
Make Checks Payable To:
MEINERS LANCE E B&JULEE K WELD COUNTY TREASURER
POST DATED CHECKS ARE NOT ACCEPTED
713 SITKA ST If you have sold this property,please forward this statement to
the new owner or return to this office marked"property sold."
FORT COLLINS,CO 80524 THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND
THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR
TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS
NOTICE FOR YOUR RECORD.
RETAIN TOP PORTION FOR YOUR RECORDS
ice.
•
NOTE TO COUNTY: The following is a draft of the proposed covenants and byL, for the Homeowners'
Association,and has not been reviewed by a legal source.
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION OF PROTECTIVE COVENANTS is made this day of
, 2003, by Lance and Julee Meiners, declarants.
RECITALS
Declarants own real property in Weld County, Colorado, described on Exhibit A (the"Property";
and
Declarants desire to establish standards covering the use and occupancy of the individual Parcels
on the Property. These Protective Covenants are established to insure the lasting beauty, value,
and enjoyment of such Parcels and the Residual Land.
DECLARATION
NOW, THEREFORE, Declarants publish and declare that in addition to the ordinances of Weld
County, Colorado, the following terms, covenants, conditions, restrictions, reservations,
limitations, uses and obligations are established as Protective Covenants for the benefit of
Declarants, the Owners of the Parcels, and the owners of the Agricultural Lot. These Protective
Covenants shall be both a burden and benefit to the Parcels for the benefit of Declarants, the
Owners of the Parcels, the owners of the Agricultural Lot, their respective heirs, personal
representatives, grantees, successors, or assigns.
Membership in the Association shall be an appurtenant to ownership of a Parcel described in
Exhibit A and may not be separated from such ownership. Membership shall pass by operation
of law upon the sale or other transfer of any Parcel subject to these Declarations. Voting rights
in the Association shall be exercised in accordance with these Protective Covenants and the
Articles of Incorporation and Bylaws of the Association. Voting rights shall be based upon
Ownership Units. Each Ownership Unit shall have one vote on matters brought before the
members of the Association. When more than one person or entity is a record title Owner of a
parcel, each Owner shall be a member of the Association; however, even if there are multiple
Owners, there shall be only one vote with respect to each Ownership Unit. Fractional voting will
not be allowed.
The Association shall be responsible for collecting and disbursing Assessments and
administering and enforcing the Protective Covenants established by this Declaration.
DEFINITIONS
"Access Street"means Shire Road as set forth on the Final Plat recorded in the real property
records of Weld County, Colorado on 2003 at reception number
(the "Plat").
"Parcel"means each of parcels 1 through 6 of the Property that constitutes the
Development described on the Plat. The term "Parcel" does not include the Agricultural Lot.
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"Agricultural Lot"means the parcel of approximately 103.42 acres that is dedicated to satisfying
the requirement for this type of development. It will remain agricultural and is prohibited from
residential development for a period of 40 years from the approval of the Final Plat.
"Association"means The Shire's Association, Inc., the non-profit corporation formed by
Declarants to maintain any improvements within or related to the provisions of these Protective
Covenants.
"Owner"means the record Owner or Owners, whether one or more persons or entities, of any
Parcel. The term "Owner" shall not include the owner of the Agricultural Lot unless specifically
so stated.
"Ownership Unit"means the single voting rights per parcel regardless of the number of record
Owner(s).
PROTECTIVE COVENANTS
Land Use and Building Type. No Parcel shall be used for any purpose other than as a location
for one single family residence or accessory buildings and structures. All buildings and
structures will be contained within the building envelopes as shown on the final plat. All one-
story residences shall have a minimum of 1,600 square feet. All two-story residences shall have
a minimum of 2,200 square feet. Square footage shall include enclosed floor area and exclude
carport, garage or open porches. Any basement area that is more than 70% below ground level
shall be excluded from the calculation of square footage and from the determination of the
number of stories in a residence. No buildings other than the single-family residence and
accessory buildings or structures described above shall be erected, placed, or permitted to remain
on any Parcel.
Temporary Residence. Except as provided below, no temporary residence structures shall be
permitted. No trailer, motor home, tent, camper, basement or accessory building may be used on
a Parcel as a temporary or permanent residence, except that an Owner may utilize a pickup
camper, camper, tent, motor home, or the basement of a partially completed residence as a
temporary residence for a period not to exceed eighteen (18) months during the construction of
the permanent residential structure.
Refuse and Rubbish. Refuse, rubbish, garbage, trash, and other wastes shall be kept within
sealed containers and shall not be allowed to accumulate on any Parcel. All refuse or waste
containers shall be kept in a neat, clean, and sanitary condition. All refuse, rubbish, garbage, and
trash shall be disposed of in a sanitary manner, off of the Parcel. No Parcel nor any driveway,
access, or easement area shall be used as a dumping ground for any waste or rubbish.
Nuisance. No activity which may constitute a nuisance shall be permitted on any Parcel. Pets
not restricted to the confines of an Owner's Parcel shall be considered a nuisance. There shall be
no persistent loud or excessive noises which interfere with the right of the Owners of adjoining
parcels to the quiet enjoyment of their Parcels. No firearms may be discharged on the Parcels.
Machines, farm implements, tractors, or other equipment and inoperative automobiles which are
on a Parcel for 90 days or more and are readily visible from the outside of the Parcel shall be
deemed a nuisance.
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Fences. Each Owner shall erect and maintain a two-rail fence along inc., perimeter of each Parcel
that adjoins the Access street. This fence shall be identical on each Parcel and, except for
driveway access, shall be a continuous structure along the perimeter of the Access Street. Other
fences may be installed and maintained by Owners, at their own expense, on individual Parcels
with the approval of the Association. No fence around or along the perimeter of any Parcel shall
be erected using barbed wire, chain link or metal panels. No privacy fence or hedge shall extend
the entire length of any side of any Parcel, but an Owner may erect a segment of privacy fencing
or hedge to obstruct the view of the residence from the residences on other Parcels. All posts on
any perimeter fence shall be treated, wood posts. Smooth wire, electric wire and woven or sheep
wire may be used for perimeter fences except for the perimeter adjoining the Access Street.
Lights. Small exterior lights near the entrances to the residence and at ground level along the
driveways and sidewalks shall be permitted. Exterior lighting that is designed or allowed to
remain on from sundown to sunrise shall be permitted at the approval of the Association.
Animals. Large animals such as, but not limited to,horses, cattle, sheep, goats, llamas, and
alpacas which are kept for recreational or hobby purposed, but not commercial purposes, shall be
permitted. Small domestic pets such as, but not limited to, dogs, cats, fowl kept for recreational
or hobby purposes shall be permitted on all Parcels. Stocking rates must be in compliance with
current Weld County and State regulations. Animals shall be under control so as to not be a
nuisance to other Owners or the owners of the Agricultural Lot and shall be provided adequate
maintenance, food and shelter. Pets not restricted to an Owner's Parcel shall be deemed a
nuisance. Any dog that regularly barks continuously for more than fifteen minutes outside of an
enclosed building shall be deemed a nuisance.
Drainage Pattern. Declarants and all Owners shall be prohibited from constructing or storing
anything in any drainage easement depicted on the Plat or in any way disrupting or changing the
drainage pattern as initially designed and installed on the Property per the County approved
storm water drainage plan.
Driveways. All driveways providing access from the Access Street to the interior of a Parcel
will be installed in a location approved by the Association. The area of the driveway within the
Access easement shall be properly compacted and shall have a driving surface containing
adequate road base consistent with the Access Street. The Association will not maintain
individual Parcel driveways.
ASSESSMENT AND ENFORCEMENT
Obligation for Assessment. Declarants establish as a covenant governing each Parcel within
Exhibit A, responsibility on the part of each Owner to pay all Assessments imposed by the
Association to meet the Association's Improvement or Maintenance Expenses. Each Owner, by
acceptance of Parcel ownership shall be bound by this covenant and agrees to pay all
Assessments imposed by the Association. There shall be one Assessment per Parcel.
Assessments shall be established by the Association at its annual meeting, to be held in the
month of January of each year, commencing with the year 2004. Assessments are payable
within sixty days following mailing of a Notice of Assessment or at such other intervals as may
be set by the Association from time to time. The Association shall prepare and mail a statement
for each Assessment to the record title Owner of each Parcel. Assessments shall be a personal
obligation of each person or entity in record title to a Parcel as well as a lien upon the Parcel
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assessed. Assessments may be collected by an action of law against intr. Owner(s) or through
foreclosure.
Assessments shall be based upon the Association's cash requirements to provide for payment of
Maintenance or Improvement Expenses. The amount of the Assessment to be paid by each
Parcel owner shall be determined by dividing the total amount of the Assessment by the number
of Parcels. The resultant amount shall constitute the Assessment per Parcel.
Notice of Lien/Foreclosure. All payments are to be made to the Association. Unpaid
Assessments shall bear interest at the rate of 12% per annum, compounded annually, until paid.
If any person or entity liable for an Assessment shall fail or refuse to pay an Assessment when
due, the Assessment will constitute a lien on the real property titled to such Parcel. The
Association may record a Notice of Lien and enforce collection of such lien by foreclosure. The
lien shall attach from the date of recording. The lien of the Association shall be prior to all other
liens and encumbrances, recorded or unrecorded, affecting the Parcel, except: (a) taxes, special
assessments, and special taxes levied by any political subdivision or municipal corporation of the
state; (b) other state or federal taxes which are a lien on the Parcel and which have a priority by
law over all other recorded encumbrances; and (c) the lien of a mortgage or deed of trust of
record.
To evidence such lien for unpaid Assessments, the Association shall prepare a written Notice of
Lien setting forth the amount, the name and mailing address of the record Owner(s) of the Parcel,
and the legal description of the Parcel. The Notice of Lien may be signed by the president of the
Association or the Association,s attorney and shall be recorded in the office of the Weld County,
Colorado Clerk and Recorder. The Association shall send a copy of the Notice of Lien to each
mortgagee of record. The lien may be enforced by an action in foreclosure commenced within
two (2) years following recording of the Notice of Lien. A mortgagee may,but shall not be
required to, pay any unpaid Assessments. Whether or not foreclosure proceedings are
commenced, the record Owner(s) of the Parcel shall be required to pay the amount of any
delinquent Assessment, interest, fees incurred by the Association for preparing and filing the
Notice of Lien, and all costs and expenses of the foreclosure proceedings, including attorney fees
and Court costs. The delinquent record Owner(s) of a Parcel shall continue to be obligated to
pay any Assessments which become due and owing during the period of the foreclosure. In
connection with any foreclosure proceedings, the Association shall be entitled to the appointment
of a receiver, without notice and without the posting of a bond. The Association may bid on the
property at the foreclosure sale and may acquire, hold, lease, mortgage, or convey any Parcel
acquired through foreclosure.
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EXHIBIT A
TO
DECLARATION OF PROTECTIVE COVENANTS
(Description of Planned Unit Development, The Shire)
A tract of land situate in the Northwest '/ of Section 33, Township 9 North, Range 67
West of the 6`h P.M., Weld County, Colorado which bears North 87'13'13" and with all
bearings contained herein relative thereto is contained within the boundary lines which
begin at the Northwest corner of said Section 33 and run thence along the west line of the
said Northwest 'A S00* 02' 45"E 1367.64 feet; thence S00*01'28" 1367.08 feet; thence
S88*00'29"E 2681.70 feet; thence N00*47'48"W 2699.80 feet; thence N87*13'13"W
992.83 feet; thenceS00*30'12"E 1356.86 feet; thence N87*37'23"W 999.38 feet; thence
N00*12'45"W 1363.52 feet; thence N87*13'13"W 661.67 feet to the point of beginning,
containing 134.94 acres more or less and being subject to all easements and rights-of-way
in place or are now of record or are shown on this plat.
BYLAWS
OF
THE SHIRE'S HOMEOWNERS' ASSOCIATION, INC.
ARTICLE 1: OFFICES
The initial principal office of the corporation shall be at a location designated in the Articles of
Incorporation. Thereafter, the principal office shall be designated by the current president. The
principal office shall be located within Weld County, Colorado.
ARTICLE 2: MEMBERS
2.1 Annual Meeting. The annual meeting of the members shall be held during the month of
January at a time and location, within Weld County, Colorado, to be determined by the
President of the Association, beginning with the year 2004. Failure to hold the annual
meeting as designated shall not affect the validity of any corporate action taken nor effect
a dissolution of forfeiture of the corporation.
2.2 Special Meetings. Special meetings of the members may be called by the President for
any purpose. Special meetings shall be called by the President at the request of not less
than twenty-five percent(25%) of the members of the corporation entitled to vote at the
meeting.
2.3 Place of Meetings. The President may designate a location within Weld County,
Colorado, as the place for any annual meeting or special meeting called by the President.
2.4 Meetings by Telecommunication. Any or all members may participate in an annual or
special meeting by any means of communication by which all persons participating in the
meeting may hear each other. A member participating in a meeting through
telecommunication is deemed to be personally present.
2.5 Notice of Meetings. Notice stating the date, time and place of the meeting, and, in the
case of a special meeting, the purpose for which the meeting is called, shall be delivered
to each member of record entitled to vote at such meeting not less than ten nor more than
60 days before the date of the meeting. Notice shall be in writing and shall be provided
by(a) United States mail addressed to the member's current address as shown on the
corporation's records, (b) by private carrier or express delivery company, (c)by personal
delivery, or(d) by telegraph, teletype, or electronically transmitted facsimile. Notice
shall be deemed given three (3) days following the date mailed or sent pursuant to (a),
(b), and (d) or when received pursuant to (c). Notice shall be given at corporate expense.
A written waiver of notice may be signed by the member entitled to such notice whether
signed before, at, or after the date or time stated in the waiver. All such written waivers
of notice shall be filed with the corporate records. Failure to comply with the bylaw shall
not invalidate any action taken at an annual or special meeting at which a quorum is
present and voting.
2.6 Closing of Transfer Books or Fixing of Record Date. For the purpose of determining
members entitled to notice or to vote at any meeting of the members or in order to make a
determination of members for any other proper purpose, the President may provide that
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the membership record books shall be closed for any stated period not exceeding 50 days.
Alternatively, the President may fix in advance a date as the record date for determination
of eligible members, which date is not more than 50 nor less than 10 days prior to the
date on which the particular action requiring the determination of members is to be taken.
When a determination of members entitled to vote at any meeting of members has been
made as provided in this section, the determination shall apply to any adjournment of the
meeting.
2.7 Voting Record. At least ten days before each meeting of members, the officer or agent
having charge of the membership record books shall make a list of the members entitled
to vote at the meeting, arranged in alphabetical order. The list shall reflect the address of
each member. The list shall be kept on file at the principal office of the corporation and
shall be open to inspection by any member during usual business hours. The list shall
also be produced and kept open at the time and place of the meeting and shall be subject
to inspection by any member, member's agent, or attorney for any purpose germane to
the meeting during the whole time of the meeting or any adjournment. The original share
membership record books shall be prima facie evidence as to the identity of the members
entitled to examine the membership record books or to vote at any meeting of members.
Failure to comply with this section shall not invalidate any action taken at any meeting.
2.8 Membership. Membership in the Association shall be appurtenant to and may not be
separated from ownership of a parcel of real property described in Exhibit A to the
Declaration of Protective Covenants for The Shire's Owners' Association, Inc. recorded
in the Office of Weld County, Colorado Clerk and Recorder. There shall be one
Ownership Unit for each parcel described in Exhibit A to the Declaration of Protective
Covenants. Voting rights shall be based upon Ownership Units. Each Ownership Unit
shall have one vote on matters brought before the membership of the Association. When
more than one person or entity is a record title Owner of a Parcel, each Owner shall be a
member of the Association; however, even if there are multiple Owners, there shall be
only one vote with respect to each Ownership Unit. Fractional voting will not be
allowed.
Upon transfer of ownership of a parcel subject to such Declaration of Protective
Covenants, the member effecting such transfer shall advise the President of the
Association of such fact. The Association may charge a fee, not to exceed $50 for such
transfer. At the time of transfer, the President shall provide the transferring member
with a statement of the current assessment amount and may collect from the transferring
member or the transferee any current assessments outstanding.
2.9 Quorum/Majority Vote. A majority of the outstanding Parcel owners entitled to vote,
represented in person or by proxy, shall constitute a quorum at a meeting of members. If
a quorum is present, the affirmative vote of a majority of the Parcels represented at the
meeting and entitled to vote on the subject matter shall be the act of the members. Once
a quorum has been established so that the meeting is duly organized, the members present
may continue to transact business until adjournment, notwithstanding the withdrawal of
enough members to leave less than a quorum.
In the election of a President, the candidate for President receiving the highest number of
votes cast in favor of his/her election is elected, even if a candidate did not receive a
majority vote for the position.
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2.10 Adjournment. If less than a quorum of the outstanding of the outstanding Parcel owners
entitled to vote are represented at the commencement of a meeting of the members, a
majority of the Parcel owners so represented may adjourn the meeting for a period not to
exceed 60 days for any one adjournment, without further notice being required. At an
adjourned meeting at which a quorum is represented, any business may be transacted
which might have been transacted at the meeting as originally noticed.
2.11 Proxies. A member may vote by written proxy executed by the member or by the
member's duly authorized attorney in fact. All proxies must be filed with the President
of the corporation before or at the time of the meeting. No proxy shall be valid more than
11 months from the date of its execution , unless specifically provided in the proxy.
2.12 Voting of Parcel Owners. All Parcels must be owned by members in their own right. No
Parcel held by the corporation in treasury or in a fiduciary capacity shall be voted at any
meeting or counted in determining the total number of outstanding Parcels at any given
time.
Parcels standing in the name of another corporation may be voted by such officer, agent,
or proxy as the Bylaws of such corporation may prescribe, or in the absence of such
provision, as the Association of this corporation may determine.
Parcels held by an administrator, executor, guardian, or conservator may be voted by
such fiduciary, either in person or by proxy, without a transfer of the ownership units into
the name of the fiduciary. Parcels held by a trustee may be voted in person or by proxy,
but no trustee shall be entitled to vote prior to transfer of the Parcel into the name of the
trustee or the trust itself.
Parcels standing in the name of a receiver may be voted by the receiver, and Parcels held
by or under the control of a receiver may be voted by the receiver without transfer into
the receiver's name if authority to do so is contained in an appropriate order of the court
by which such receiver was appointed.
A member whose Parcel is pledged shall be entitled to vote until the Parcel has been
transferred into the name of the pledgee, after which time the pledgee shall be entitled to
vote.
Parcels standing in the name of two or more persons (i.e. registered in the names of joint
tenants or tenants in common or in the name of a partnership or multiple persons in a
fiduciary capacity) shall be voted as follows:
(a) If only one person votes, such vote shall be binding;
(b) If two or more persons vote, the act of the majority shall be binding;
2.13 Informal Action by Members. Any action required or permitted to be taken at a meeting
of the members may be taken without a meeting if consent in writing setting forth the
action taken shall be signed by all of the members entitled to vote with respect to the
subject matter. Written consents may be signed in counterparts. The effective date of the
action taken may be any date specified in all the written consents. Written consents shall
be filed with the corporate records. The consent shall have the same force and effect as a
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unanimous vote of the members and may be stated as such in any document filed with the
Secretary of State.
ARTICLE 3: OFFICERS &AGENTS
3.1 General. The officers of the corporation shall be President and Treasurer. The
Association may appoint such other officers, including assistant officers and agents as it
may consider necessary. All such persons shall be chosen in the manner and hold their
offices under the terms and conditions and with such authority and duties as may be
determined by the Association. No salaries shall be paid any officer. Any one person
may hold any two or more offices.
All officers must be natural persons of the age of eighteen years or older.
3.2 Election and Term of Office. The officers shall be elected by the Association at the
annual meeting. If the election of officers is not held at such meeting, the election shall
be held as soon as practicable. Failure to effect annual election in accordance with this
Bylaw shall not invalidate the authority of any officer.
3.3 Resignation. Any officer may resign at any time by giving written notice to the President
or the corporation. Such resignation shall take effect at the time specified in the notice.
The Associations acceptance of such resignation shall not be necessary to make it
effective. Notice of resignation may also be provided by the officer to the Secretary of
State.
3.4 Removal. Any officer may be removed by the Association at any time, with or without
cause.
3.5 Vacancies. A vacancy in any office, however occurring, may be filled by the Association
for the remaining portion of the term.
3.6 President. The President shall be a director of the corporation. The President shall have
general and active control of the corporate business and general supervision of its
officers, agents, and employees, and shall preside at all meetings of the members.
Treasurer. The Treasurer shall be the principal financial officer of the corporation and
shall have the care and custody of all funds and other intangible property of the
corporation and shall invest, manage or deposit the same in accordance with the
instructions of the Association. The Treasurer shall:
• Receive and give receipts for moneys paid to or for the account of the corporation
and pay out of funds on hand all bills, payrolls, and other debts of the corporation.
• Have other powers and perform other duties as may be prescribed by the
Association or President
• Perform all other duties incident to the office of the Treasurer.
• Upon request, make such reports to the Association as may be required.
ARTICLE 4: MISCELLANEOUS
4.1 Fiscal Year. The fiscal year of the corporation shall be a calendar year.
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4.2 Amendments. The Association shall have power to make, amend and repeal the
corporation's Bylaws at any regular meeting or at any special meeting called for that
purpose.
The undersigned officer of the corporation certifies that these Bylaws were adopted by the
corporation on the day of , 2003.
Lance Meiners, President
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