HomeMy WebLinkAbout20010978.tiff Todd Hodges Design, LLC
Owl Creek Acres
PUD CHANGE OF ZONE APPLICATION
Specific Guide
Prepared for:
Affordable Country Homes, LLC
C/o: Brian hegwood
2337 10th Street, #0
Greeley, Colorado 8063 I
Prepared by:
Todd Hodges Design, LLC
24 12 Denby Court
Fort Collins, Colorado 80526
Submitted: June 28, 2000
2001-0978
EXHIBIT
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 1 r
Todd Hodges Design, LLC
TABLE OF CONTENTS
I . Change of Zone Application Sheet
2. Authorization Letter
3. Letter of Support
4. Response to Staff Sketch Plan Comments
5. Specific Development Guide
G. List of Surrounding Property Owners
7. List of Mineral Owners
8. FEMA Map
9. Soils Map
10. Water Service Agreement
I I . Preliminary On-Site Improvements Agreement
1 2. Preliminary Covenants
13. Preliminary Drainage Report (attached)
14. Landscape Plan (attached)
15. Change of Zone Plat (attached)
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 •.rax (561) 828-8059
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 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: Lot B RE-2016,pt. SE '/ 16-06-64
(If additional space is required, attach an additional sheet of this same size, or a copy of the deed)
PARCEL NUMBER: 0801 16 000070 (12 digit number-found on TAX I.D. or obtained at the
Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION Owl Creek Acres PUD
EXISTING ZONING Agriculture PROPOSED ZONING PUD AG,Estate&Open
Space
TOTAL ACREAGE 76 Acres,more or less_OVERLAY DISTRICTS none
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual)_Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Affordable Country Homes. LLC c/o: Brian Hegwood_PHONE
ADDRESS 2337 10th Street. #C Greeley, Colorado 80631
NAME PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT(if different from above*)
NAME TODD HODGES DESIGN,LLC c/o: Todd Hodges
ADDRESS 2412 Denby Court Fort Collins. Colorado 80526
HOME TELEPHONE NA BUSINESS TELEPHONE (9701207-0272
* if agent is different from the property owner,please submit written documentation from the
property owner authorizing said agent to represent the owner.
iS g�e: o or Authorized Agent
Affordable Country Homes,LLC
�-, Wo: Brian Reined
1337 le Sheet,MC
Grwloy,Colorado 10631
To Whom It May Concern:
Please he advised that I. Brim Hegweod hereby authorize Mr. Todd Hodges of Todd
Hodes Design. LLC, to represent me an my endeavor to subdivide Lot B of RE-2016.
located in the SE 416-06.64 west of the 6*P.M.,Weld County,Colorado.
Affordable Cam ores LLC
ea: Brim Hegwood
SUBCRIBED TO AND SWORN TO BEFORE ME BY BRIAN HE WOOD ON
NOVEMBER IS A71999.
� h�
NOTARY /
1\f1'COMMISSION EXPIRES /Op /'a?Otl/ % = LINDA S. F 1
a MYERS eras
Response to Department of Planning Services &
Referral Agency Sketch Plan Comments
Owl Creek Acres PUD
The following statements are intended to address each of the specific County regulations, goals and
policies as outlined in the February 8, 2000 letter from the Weld County Department of Planning
Services.
COMPLIANCE WITH THE WELD COUNTY COMPREHENSIVE PLAN:
A.Goal 1 — "Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." — The proposed configuration has been designed to preserve the prime
agricultural soils and production area through a 33.86 acre lot zoned PUD Agricultural. The subject
parcel is 76 acres in size and is primarily classified as "irrigated land non prime" on the Important
Farmlands of Weld County map. The Weld County Comprehensive Plan indicates in A.Goal 9 that 80
acres is considered the minimum lot size needed to retain a viable farming operation. This parcel is
slightly less than 80 acres and contains a mixture of prime and non prime soils. Rather than take
"prime"farmland out of production, the proposal strives to preserve the prime soils and production
areas that exist on the site.
A.Goal 3— "Discourage urban-scale residential, commercial and industrial development which is not
located adjacent to existing incorporated municipalities" — This application proposes a non-urban
subdivision consisting of six PUD Estate zoned residential lots and one 33.86 acre lot zoned PUD
Agricultural. Although this proposal is not located adjacent to an existing incorporated municipality, it is
located in close proximity to other existing residential development as well as other recently approved
Weld County subdivisions of similar scale and density. Additionally, the proposal uses techniques that
are supported by Weld County to ensure efficient and orderly development, the preservation of productive
farmland and the preservation of passive open space for the enjoyment of the citizens of Weld County.
Furthermore, the intent of the Weld County Planned Unit Development Ordinance #197 states that the
PUD "is intended to allow an alternative method for property owners and developers to apply flexibility
in developing land. This flexibility is generally not possible under the normal application of the Zoning
and Subdivision Ordinances. " Section 1.1 of the Weld County PUD Ordinance #197 also states
"Encourage innovations in residential, commercial and industrial development so that the growing
demands of the population may be met by greater variety in type, design and layout of buildings and by
the conservation and more efficient use of open space in the development."
A.Policy 4.1.8 — "Utilize techniques such as easements, clusters, building envelopes and setbacks to
minimize the impacts on surrounding agricultural land when conversion to another use occurs."— The
proposed configuration "clusters" the six Estate zoned lots on the southern portion of the property as is
encouraged by A.Policy 4.1.8. The building envelope on the seventh lot is intended to serve as a
residential building site for the owner of the PUD Agricultural zoned lot The location of the building
envelope on Lot 7 was chosen to utilize the farmland as a buffer to ensure compatibility with the Estate
zoned lots. The proposed building envelope will ensure that the typical agricultural outbuildings and
equipment associated with agricultural production are not located adjacent to the Estate zoned lots.
Irrigation of the agricultural land was also a determining factor in the building envelope location, as this
location utilizes the existing farm road and will ensure the greatest productivity due the shape and
topography of the property. Compatibility will be further addressed by including Weld County's "Right
to Farm"covenant on the plat.
1
A.Policy 6— "Weld County will encourage developers and utility providers to deliver urban services
prior to development." — Referral comments from the Weld County Department of Public Health and
Environment indicate that "The application has satisfied PUD Ordinance No. 197 in regard to water and
sewer service. " In accordance with the Health Department referral, primary and secondary leach-field
envelopes will be delineated on the plat and language restricting building on the leach-field envelopes
will be included in the homeowners association covenants.
In addition to the aforementioned Sections of the Weld County Comprehensive Plan, this proposal also
complies with the Planned Unit Development Goals and Policies of the Comprehensive Plan. These
Goals and Policies are specifically addressed in the Specific Development Guide included in this
submittal.
This proposal is in complete compliance with the Weld County Comprehensive Plan.
STREET/UTILITY/ACCESS STANDARDS:
P.Goal 2 - The landscape plan includes the interior road cross-section including width and depth of
roadway, type of surface and right-of-way, in accordance with the standards of Section 10, Design
Standards of the Weld County Subdivision Ordinance. The applicants surveyor will be in contact with
the Colorado Division of Transportation to determine the existing right-of-way and proposed
reservation,if any.
The internal road is proposed to be named Owl Lane. A stop sign will be installed per the Weld County
Public Works Department requirements. Also, please note that the plat has been amended to include a
bus stop and central mailbox area.
Section 2.1 — The proposed agriculturally zoned Lot 7 will utilize an access from the proposed internal
road. No additional accesses from State Highway 392 are proposed. The existing oil, gas and
agricultural access shall be retained for its existing uses_ The reason for the location of the building
envelope on Lot 7 has been previously addressed under A.Policy 4.1.8.
The applicant fully intends to cooperate with the Galeton Fire Protection District to ensure adequate fire
protection for the proposed subdivision. Additionally, under Duties of the Department of Planning
Services Section 6.4.2.2 of the Planned Unit Development Ordinance #197, referral agencies "...shall
respond within twenty-one (21) days after the application is mailed. The failure of any agency to respond
within twenty-one (21) days may be deemed as a favorable response. "
Section 2.6— The landscape plan clearly delineates utility easements in accordance with Section 10.6 of
the Weld County Subdivision Ordinance.
OPEN SPACE/LANDSCAPING:
Section 2.5 & PUD.Policy 4.2—Section 6.3.5.2.7 of PUD Ordinance #197 requires 15% common open
space for all PUD's containing a residential element and further specifies that "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 Ordinance and the MUD Ordinance have been met."
2
This PUD application proposes 15.58 acres of common open space contiguous to the six PUD Estate
zoned lots, or 21% of the total acreage of the PUD. The applicant has reconsidered the private airstrip
and common hanger originally proposed in the Sketch Plan application and has decided to eliminate this
portion of the proposal. Therefore, this proposal exceeds the requirements of Section 2.5 and PUD.
Policy 4.2.
Furthermore, Section 2.5 of PUD Ordinance #197 allows for an agricultural outlot to contribute toward
meeting "...the intent of the Common Open Space requirement. " Although this proposal does not contain
an 80 acre agricultural outlot, the 33.86 acre lot zoned PUD Agriculture will adjoin and complement the
21% common open space to give the impression of even greater open space from within and adjacent to
the subdivision.
PUD.Policy 4.3—Perpetual maintenance of all commonly owned areas and facilities will be specifically
addressed in the homeowners association covenants. In accordance with A.Goal 8 of the Weld County
Comprehensive Plan, the water rights associated with the property will be retained by the PUD
Agricultural lot for continued agricultural uses such as for pasture and hay production. Open space
areas will be planted with native grass species. The proposed landscaping will be native, drought
tolerant species, which will be maintained as necessary.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES:
Section 2.3 — No variances from the normal Bulk Requirements are contemplated at this time. Any
proposed variations will be specified in the PUD Final Plan as required by Section 2.3.
OG.Policy 1.1—The Weld County and State of Colorado requirements pertaining to oil and gas facilities
have been adequately addressed through the two hundred foot (200') "no-build" radius as delineated on
the plat and specified in the homeowners association covenants.
A.Goal 7 and A.Policy 7 — As previously stated, the proposed configuration has been designed to
preserve the prime agricultural soils and production area through a 33.8 acre lot zoned PUD
Agricultural. Additionally, the Weld County "Right to Farm" covenant will be placed on the plat.
PUD.Policy 4.1 — The applicant has reconsidered the private airstrip and common hanger originally
proposed in the Sketch Plan application and has decided to eliminate this portion of the proposal, also
eliminating some potential incompatibilities in the process. However, the applicant does reserve the right
to construct a common agricultural structure within the open space, should the homeowners association
determine the need for such a structure exists. Such a structure would be subject to any applicable Weld
County building permits.
Additionally, in accordance with PUD.Policy 4.1, the proposal has been designed to ensure compatibility
and harmony with existing and planned uses within and adjacent to the development. By preserving the
prime ground for continued agricultural production, the proposal ensures compatibility with surrounding
agricultural uses. Also, as stated earlier, the location of the building envelope on Lot 7 was chosen to
utilize the farmland as a buffer to ensure compatibility with the Estate zoned lots. The proposed building
envelope will ensure that the typical agricultural outbuildings and equipment associated with agricultural
production are not located adjacent to the Estate zoned lots.
3
^ DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION IMPROVEMENTS:
Section 12 — A completed preliminary improvements agreement addressing road construction and
maintenance, open space landscaping and maintenance, utility extension and signage is included in this
submittal. Additionally, the Weld County Public Works Department referral dated December 13, 1999
indicates that the on-site improvements agreement, which was submitted with the Sketch Plan application
is adequate to complete the project.
ENVIRONMENTAL CRITERIA:
Many of the concerns pertaining to settlement and/or expansion of soil and bedrock outlined in the
Colorado Geological Survey's referral letter of December 8, 1999 will be addressed through the
requirements of the Weld County Department of Building Inspection. In accordance with the Building
Inspection Department referral dated November 22, 1999, all foundations for principle dwellings or
structural steel accessory buildings will be engineered in accordance with the geotechnical report
prepared by Terracon. Additionally, grading will be minimized and effective erosion and sediment
control measures will be utilized during all phases of construction.
As previously stated, referral comments from the Weld County Department of Public Health and
Environment indicate that "The application has satisfied PUD Ordinance No. 197 in regard to water and
sewer service."
According to FEMA Flood Insurance Rate Map Community Panel #080266 0635C, this proposal is not
located within the floodplain. Additionally, the Weld County Public Works Department referral dated
December 13, 1999 indicates that the primary historical drainage plan and drainage calculations meet
the requirements for the drainage portion of the PUD as submitted.
This proposal is very compatible with the existing surrounding uses and recently approved residential
Weld County subdivisions in close proximity. This proposal allows for the clustering of six residential
units while allowing for the preservation of productive agricultural land and passive open space. By
allowing more than a total of five units, the flexibility of the PUD process allows for an overall, more
desirable design with upgraded infrastructure than a five unit proposal with a gravel road. The PUD
process makes the use of paving versus gravel and the cluster design for added open space to be feasible.
SUMMARY:
The responses to the Sketch Plan Comments are intended to address the concerns that Weld County staff
and referral agencies expressed in the review of the Sketch Plan application. Minor changes to the
design as delineated on the new drawings and new reports should address all the concerns that were
listed.
The PUD application process was created to allow for more flexibility in the subdivision process than
the standard subdivision processes offer. The PUD application process allows for more creative
solutions to the growing concerns that we all have pertaining to the rate of development along the
Colorado Front Range. This proposal offers solutions to those concerns while allowing the property
owners to exercise their rights as private property owners in Weld County, Colorado.
4
Specific Development Guide
Owl Creek Acres PUD
Change of Zone Application
The intent of the Weld County PUD Ordinance #197 states "The Planned Unit Development
(PUD) is intended to allow an alternative method for property owners and developers to apply
flexibility in developing land This flexibility is generally not possible under the normal
application of the Zoning and Subdivision Ordinances."
The general concept of this proposal is to create a seven lot Planned Unit Development (PUD)
that consists of six 4 acre PUD Estate zoned lots, one 33.9 acre PUD Agricultural zoned lot and
15.6 acres of common open space. It is the intent of the applicant to create a non-urban scale
subdivision that provides single-family residential lots while preserving a large amount of
common open space and the most agriculturally productive portion of the property. The
proposed land uses include single-family residential uses, passive and active open space,
recreational opportunities for the property owners and continued agricultural production. The
architectural style of the residential structures will be left to the discretion of the individual lot
owners with standard limitations that will be specifically outlined in the covenants. The
structures within the PUD will include single-family dwellings and accessory structures, which
will adhere to the setback, offset and other applicable requirements of the Weld County Zoning
Ordinance. This proposal is compatible with the surrounding land-uses, architectural style,
character and zoning. The applicant wishes to establish a small, non-urban neighborhood
consisting of residential and agricultural uses, which are consistent and compatible with the uses
T• on surrounding properties. The applicant plans to live within the proposed PUD and therefore
takes great pride in the design and maintenance plans for the property.
Section 1.1 of the Weld County PUD Ordinance #197 states "Encourage innovations in
residential, commercial and industrial development so that the growing demands of the
population may be met by greater variety in type, design and layout of buildings and by the
conservation and more efficient use of open space in the development". This proposal addresses
the growing demand for this type of residential opportunity, while at the same time achieving
several goals of the Weld County Comprehensive plan including preservation of open space and
farm ground
This application proposes to utilize the Specific Development Guide option as outlined in Section
6.2.1 of the Weld County PUD Ordinance #197. The following information is intended to
address the eight major components of the PUD Development as outlined in Section 6.3 of the
aforementioned ordinance.
6.3.1 Component One-Environmental Impacts:
6.3.1.2.1.1—Noise and Vibration
6.3.1.2.1.2—Smoke,Dust and Odors
6.3.1.2.1.3—Heat,Light and Glare
6.3.1.2.1.4—Visual/Aesthetic Impacts
6.3.1.2.1.5—Electrical Interference
6.3.1.2.1.6—Water Pollution
1
This proposed residential uses and continuation of existing agricultural uses should not have any
negative impacts to the above listed environmental concerns on this property or on adjacent
properties. In a referral response dated December 15, 1999, the Weld County Department of
Public Health and Environment indicated that the initial impact plan included in the Sketch Plan
submittal "...adequately addresses all potential impacts as required by section 4.2.5.14 of the
PUD Ordinance. " Additionally, appropriate measures to mitigate any potential construction
impacts will be utilized during all phases of construction. The applicant is willing to address any
specific concerns that staff or referral agencies may have pertaining to the listed environmental
impacts.
6.3.1.2.1.7—Waste Water Disposal
This proposal addresses the wastewater disposal on the site through the use of individual sewage
disposal (septic) systems. In accordance with the referral response from the Weld County
Department of Public Health and Environment,primary and secondary leach-field envelopes will
be delineated on the plat and language restricting building on the leach-field envelopes will be
included in the homeowner's association covenants. The Health Department also indicated in its
referral response that "The application has satisfied PUD Ordinance No. 197 in regard to water
and sewer service. "
63.1.2.1.8—Wetland Removal
This proposal does not remove any existing wetlands.
,.�• 63.1.2.1.9—Erosion and Sedimentation
63.1.2.1.10—Excavating,Filling and Grading
6.3.1.2.1.11—Drilling,Ditching and Dredging
The design of the proposed PUD and the drainage plan requires minimal grading on the site.
There will not be any drilling or dredging on the property. Erosion will be kept to a minimum in
accordance with the drainage plan. Additionally, effective erosion and sediment control
measures will be utilized during all phases of construction.
63.1.2.1.12-Air Pollution
6.3.1.2.1.13—Solid Waste
6.3.1.2.1.14—Wildlife Removal
6.3.1.2.1.15—Natural Vegetation Removal
This proposal does not have a negative impact to the above listed environmental issues. This
proposal will increase the amount of vegetative cover in the open space areas and on each lot,
therefore providing more cover for wildlife in the area.
6.3.1.2.1.16—Radiation/Radioactive Material
To the applicant's knowledge, there are no radioactive materials located on this site. Radon
mitigation, if necessary, can be done on a lot by lot basis during the design and construction of
each individual residence.
r1/4
2
6.3.1.2.1.17—Drinking Water Source
The proposed potable water source for this development is water taps from the North Weld
County Water District Section 6.3.2.2.1.9 of the Weld County PUD Ordinance#197 requires "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 is
sufficient to meet the requirements of the USES within the PUD Zone District" Included in the
application materials is such a "will-serve" letter from Mr. Don Posselt, Manager of the North
Weld County Water District, as well as a tap service agreement as required by the Department
of Planning Services' referral letter. Additionally, the Weld County Department of Public
Health and Environment indicated in its Sketch Plan referral response that "The application has
satisfied PUD Ordinance No. 197 in regard to water and sewage disposal."
6.3.1.2.1.18—Traffic Impacts
The December 13, 1999 Sketch Plan referral from the Weld County Public Works Department
indicates that, due to the non-urban nature of this proposal, there should be very little impact to
the traffic and therefore does not require a Traffic Impact Analysis. As outlined in the Colorado
Department of Transportation Sketch Plan referral comments, the proposed PUD will also
adhere to access permit and access location requirements.
6.3.2 Component Two—Service Provision Impacts:
6.3.2.2.1.1—Schools
The Platte Valley Weld RE-7 School District referral response indicates that the District is
currently formulating policies on land dedication/cash in-lieu. The applicant has contacted the
School District and proposes that, once such School District policies are in place, the impact to
the school system will be mitigated with a cash-in-lieu fee, to be paid at the time of application
for individual residential building permits. Additionally, the proposed configuration has been
revised to delineate a centrally located school bus pick-up area.
6.3.2.2.1.2—Law Enforcement
63.2.2.1.3—Fire Protection
6.3.2.2.1.4—Ambulance
This proposal should have a minimal impact to the above service providers. The applicant fully
intends to cooperate with the Weld County Sheriff's Office, the Galeton Fire Protection District
and the Weld County Ambulance Service to ensure that any impacts are mitigated. The applicant
has been in contact with the Galeton Fire Protection District and based on those conversations
the plan has been modified to provide a well for fire protection use only. The well is to be located
in a central area to the proposed lots and will be either hooked to a hydrant or have an overhead
pipe for filling a tanker truck. The proposed location of the fire protection apparatus is shown on
the landscape plan. The individual lots shall have address numbers in a visible location to meet
the criteria of the law enforcement agency and the ambulance service. Additionally, under Duties
of the Department of Planning Services Section 6.4.2.2 of the Planned Unit Development
Ordinance #197, referral agencies "...shall respond within twenty-one days after the application
is mailed The failure of any agency to respond within twenty-one (21) days may be deemed as a
favorable response. "
3
The review of this proposal by the public service providers will ensure that impacts are mitigated,
if necessary.
6.3.2.2.1.5—Transportation
6.3.2.2.1.6—Traffic Impact Analysis
The roadways within this proposal are designed to meet and exceed the minimum requirements of
Section 10 of the Weld County Subdivision Ordinance and the Public Works Department The
roadway construction and materials are listed within the preliminary on-site improvements
agreement, which is a part of this submittal.
Additionally, as previously stated in Section 63.1.2.1.18 — Traffic Impacts, the December 13,
1999 Sketch Plan referral from the Weld County Public Works Department indicates that, due to
the non-urban nature of this proposal, there should be very little impact to the traffic and
therefore does not require a Traffic Impact Analysis. As outlined in the Colorado Department of
Transportation Sketch Plan referral comments, the proposed PUD will also adhere to access
permit and access location requirements.
6.3.2.2.1.7—Storm Drainage
The storm drainage for the PUD has been addressed in the drainage plan and statement, which is
included as part of the submitted application materials (see attached plan). Additionally, the
Weld County Public Works Department referral dated December 13, 1999 indicates that the
primary historical drainage plan and drainage calculations meet the requirements for the
drainage portion of the PUD as submitted with the Sketch Plan application. The drainage report
has been amended to address the minor changes to the site design, which are based on Weld
County staff and referral agency comments.
6.3.2.2.1.8—Utility Provisions
6.3.2.2.1.9—Water Provisions
As previously stated, utilities are available for this proposal. The proposed potable water source
for this development is water taps from the North Weld County Water District. Costs for
construction of the utilities to service this proposal are included within the preliminary
improvements agreement. Section 63.22.1.9 of the Weld County PUD Ordinance#197 requires
"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 is
sufficient to meet the requirements of the USES within the PUD Zone District." Included in the
application materials is such a "will-serve" letter from Mr. Don Posselt, Manager of the North
Weld County Water District, as well as a tap service agreement as required by the Department of
Planning Services'referral letter.
The Weld County Department of Public Health and Environment indicated in its referral
response that "The application has satisfied PUD Ordinance No. 197 in regard to water and
sewer service."
6.3.2.2.1.10—Sewage Disposal Provisions
The individual lots will utilize individual sewage disposal (septic) systems for sewage disposal.
All of the lot sizes exceed the requirements of the Weld County Health Department A septic
permit will be applied for with each individual residential building permit. In accordance with
4
the referral response from the Weld County Department of Public Health and Environment,
primary and secondary leach-field envelopes will be delineated on the plat and language
restricting building on the leach-field envelopes will be included in the homeowner's association
covenants.
The Health Department indicated in its referral response that "The application has satisfied
PUD Ordinance No. 197 in regard to water and sewer service."
6.3.3 Component Three—Landscaping Elements:
6.33.2.2—Landscape Plan
6.3.3.2.3—Treatment,Buffering and/or Screening
Included in the application materials is a proposed landscape plan that shows the existing and
proposed landscape elements within this proposal. The proposed landscaping is placed to
enhance the property while protecting the views of the neighbors to the east. The proposed
landscape species were chosen for their suitability with the location and climate. The applicant
is working with the Agricultural Extension Office for a suitable grass species for this site. The
open space will be seeded with the appropriate selection based on the site visit and
recommendation of the Extension Agent. No screening is necessary on this site. The open space
on the east side of the property will also act as a buffer between the residential uses of this
proposal and the existing agricultural uses to the east.
6.3.3.2.4—Maintenance Schedule for Landscaping Elements
r-. 6.3.3.2.5—On-site Improvements Agreement
6.3.3.2.6—Evidence of Water
Plants will be maintained, on a weekly basis until established. Dead or dying material will be
replaced at the earliest planting time possible. The plant species chosen are drought tolerant and
will do very well with minimum irrigation once established. The proposed plant materials will be
irrigated as necessary by truck. The irrigation water for this property will be retained by the
33.86 acre PUD Agriculturally zoned lot for continued agricultural uses. The on-site
improvements agreement includes the landscaping elements and is part of this submittal package.
6.3.4 Component Four—Site Design:
6.3.4.2.1.1—Unique Features
There are not features unique only to this property.
6.3.4.2.1.2—Rezoning Consistent with Comprehensive Plan
The Weld County Comprehensive Plan directs the County to provide a process to subdivide
agriculturally zoned property. This application proposes a seven lot, non-urban scale
subdivision that has minimal impact on the service providers of the area and is consistent with
the existing surrounding land uses. The proposal is located in close proximity to other existing
residential developments as well as other recently approved Weld County subdivisions of similar
scale and density. This proposal allows for efficient and orderly development of the area and the
protection of passive open space for the existing and future citizens of Weld County
5
/"• In accordance with Comprehensive Plan A.Goal 1, the proposed configuration has been designed
to preserve the prime agricultural soils and production area through a 33.8 acre lot zoned PUD
Agricultural. The subject parcel is 76 acres in size and is primarily classified as "irrigated land
non prime"on the Important Farmlands of Weld County map. The Weld County Comprehensive
Plan indicates in A.Goal 9 that 80 acres is considered the minimum lot size needed to retain a
viable farming operation. This parcel is slightly less than 80 acres and contains a mixture of
prime and non prime soils. Rather than take "prime"farmland out of production, the proposal
strives to preserve the prime soils and production areas that exist on the site.
It is the intent of the property owners to comply with the Weld County Comprehensive Plan, Weld
County Zoning Ordinance, Weld County Subdivision Ordinance, and Planned Unit Development
Ordinance#197.
6.3.4.2.1.3—Compatibility of uses allowed within the PUD Zone District
The proposed configuration "clusters" the six Estate zoned lots on the southern portion of the
property as is encouraged by A.Policy 4.1.8 of the Weld County Comprehensive Plan. The
building envelope on the seventh lot is intended to serve as a residential building site for the
owner of the PUD Agricultural zoned lot. The location of the building envelope on Lot 7 was
chosen to utilize the farmland as a buffer to ensure compatibility with the Estate zoned lots. The
proposed building envelope will ensure that the typical agricultural outbuildings and equipment
associated with agricultural production are not located adjacent to the Estate zoned lots. Access
to the proposed building envelope is to be from an existing farm road on the western boundary of
the property. The proposed zoning is consistent with the land use tables in the Zoning
Ordinance, with the exceptions of 1. no swine and 2. ten alpacas allowed per acre on both the
agricultural and estate lots. The animal units are also discussed in the preliminary covenants.
Compatibility will be further addressed by including Weld County's "Right to Farm" covenant
on the plat.
6.3.4.2.1.4—Compatibility with Surrounding Land Uses
The surrounding land uses include agricultural and residential uses similar to the uses proposed
by this application. The proposed design for six PUD Estate lots, one PUD Agricultural lot and
open space takes into consideration the existing uses of the surrounding properties, as well as,
the site advantages and limitations. The design allows for a buffer between uses by means of
both active and passive open space. The architecture within this proposal will be compatible
with the surrounding structures. As previously stated, this proposal does not take "prime"
farmland out of production or limit the ability for continued agricultural production on this site
or adjacent properties. Lot seven will remain Agriculturally zoned allowing for continued
production and other Uses by Right in the Agricultural Zone District, as listed in the Weld
County Zoning Ordinance
Compatibility will be further addressed by including Weld County's "Right to Farm" covenant
on the plat.
6.3.4.2.1.5—Overlay Districts
This proposal is not located within any of the overlay districts, as identified by the maps officially
adopted by Weld County. Please refer to the F.E.M.A. map included in this packet.
6
6.3.5 Component Five—Common Open Space:
This proposal is consistent with, and will maintain compliance with, Sections 63.5.2.1 through
6.3.5.2.5 of the Weld County Planned Unit Development Ordinance#197.
63.5.2.7-15% Common Open Space Minimum
This proposal provides for 15.58 acres of common open space, which equals 21% of the total
project acreage. The proposed size and uses of the common open space greatly exceeds the
requirements of the PUD Ordinance for this area and meets the more stringent requirements for
Urban Scale Development located within the Mixed Use Development Area. The use of the open
space includes passive and active uses.
In addition to the 21% common, usable open space as defined in Section 2.5 of the Weld County
PUD Ordinance #I97, the 33.86 acre PUD Agricultural zoned lot enhances the impression and
appearance of even greater open space.
6.33.3.2—Ownership of Common Open Space
6.3.5.3.2.1—Construction of Open Space
6.3.5.3.2.2—On-Site Improvements Agreement
The common, usable open space will be owned and maintained by the homeowners association in
perpetuity. The construction of the open space amenities is minimal and is mainly vegetation. An
on-site improvements agreement is a part of this submittal and includes the proposed
improvements to the common open space.
6.3.6 Component Six—Signage:
This proposal shall comply with the sign standards, as set forth in Sections 6.3.6.3 and 63.6.4 of
the Weld County Planned Unit Development Ordinance #197. A stop sign to be installed at the
entrance to Highway 392 will be included in the on-site improvements agreement to meet the
requirements of the Weld County Public Works Department. No monument signs are proposed at
this time. It is understood that monument signs require a building permit and if a sign is
proposed in the future will be subject to zoning and building permit requirements.
6.3.7 Component Seven—M.U.D. Impact:
This proposal is not located within the MUD. Boundary, as delineated in the Weld County
MUD. Ordinance or the Comprehensive Plan. There is no M.U.D. impact.
63.8 Component Eight—Intergovernmental Agreement Impacts:
This proposal is not located within any approved intergovernmental agreement boundaries.
This proposal has met or exceeded all the criteria for approval of a Planned Unit Development
Change of Zone application in Weld County, Colorado. This proposal uses innovative design
techniques to create a non-urban development that provides an alternative lifestyle for existing
and future citizens of Weld County, while preserving agricultural ground and passive open
space for generations to come.
7
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of
by and between the County of Weld, State of Colorado, acting through its Board of
County Commissioners, hereinafter called County", and Affordable Country Homes
LLC hereinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the
following described property in the County of Weld, Colorado: Owl Creek Acres PUD
located in the SE/4 16-06-64 of the 6th P.M, Weld County, Colorado.
WHEREAS, a final subdivision/PUD plat of said property, to be known as
EDEN'S RESERVE PUD has been submitted to the County for approval; and
WHEREAS, of the Weld County Subdivision Ordinance
provides that no final plat shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the
public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements, along with a time schedule for completion, are
listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the
acceptance and approval of said final plat, the parties hereto promise, covenant and agree
as follows:
1.0 Engineering Services: Applicant shall fiamish, at its own expense,
all engineering services in connection with the design and construction of
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, and shall conform to the standards and criteria established by
the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited
to, surveys, designs, plans and profiles, estimates, construction
supervision, and the submission of necessary documents to the County.
Revised 12/95
EXHIBIT
1 9
Preliminary
EXHIBIT "A"
Name of Subdivision Owl Creek Acres PUD
Filing:
Location: Pt. SE/4 16-06-64, located north and adjacent to SH 392&approx. '/4 mile west of WCR 55
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated
Recorded on in Book ,Page No. , Reception No._
,the following improvements.
(Leave spaces blank where they do not apply.)
IMPROVEMENTS NUMBER OF UNITS UNIT COST TOTAL COST
Street grading 1500 cu/yds $1.00 $1500.00
Street base 201 tons $8.50 $1709.00
Street paving 652 tons $28.00 $18,256.00
Curbs,gutters and culverts
Sidewalk
Storm sewer facilities
Retention ponds
/-. Ditch improvements
Subsurface drainage
Sanitary sewers
Truck and forced lines
Mains
Laterals(house connected) ��—
On-site sewage facilities
On-site water supply and storage 900 linear ft. $8.50 $7640.00
Water mains—includes Bore
Fire hydrants(Well for fire protection) 1 $10,000.00 $10,000.00
Survey, street monuments&boxes
Street lighting
Street name signs 2 $50.00 $100.00
Fencing requirements
Landscaping _$4500.00
Park improvements(bus stop) $500.00
Road culvert 1 __--.---_ $2000.00 $2000.00
Grass Lined Swale
Telephone 900 linear ft. $7000.00
Gas
Electric 900 linear ft. _ _._._ $7000.00
Water Water Transfer
SUB-TOTAL TT' --$59,715.00
•
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
T8—
a. DECLARATION is made as of this day of kPR.11/20Q0 ,
by Brian Hegwood hereinafter referred to as "Declarant." '
RECITALS
A. Declarant is the owner of an 76 acre tract of land more
or less located in Weld County, Colorado. The Tract (hereinafter
called the "Property") consists of all of the land shown on the
subdivision plat entitled Owl Creek kcres recorded among the
real property records of Weld County, Colorado in Book 1615 at
Reception No.255715 on July 11 , 1997. Declarant intends to
develop the property as a planned community of single family
residential homes.
•
B. Declarant desires to subject the Property, and the lots
located- therein (the "Lots") to the Covenants, Conditions: and
Restrictions set forth below which are for the purpose of
protecting the value and desirability of the Property and the Lots;
for. the purpose of distributing among the Lot Owners the cost of
maintaining and operating the Common Areas located within the
property, and any improvements constructed thereon; to provide for
an association as a vehicle to perform certain functions for the
benefit of owners of property which may become subject to this
declaration; to define duties,, powers and rights of the
association; and to define certain duties, powers and rights of
owners of property which may become subject to this declaration
with respect to the association and with respect to the functions
undertaken by the association. •
C. Declarant, for itself, its successors and assigns, hereby
declares that all property which becomes subject to this
declaration in the manner hereinafter provided, and each part
nereof, shall, from the date the same becomes subject to this
Declaration, be owned, held, transferred, conveyed, sold, leased,
merited, hypothecated, encumbered, used, occupied, maintained,
,1Etered and improved subject to the covenants, conditions,
Restrictions, limitations, reservations, exceptions, equitable
cgrvitudes and other provisions set forth in this declaration, for
the duration thereof all of which are declared to be part of,
pursuant to, and in furtherance of a common and general plan of
development, improvement, enhancement and protection of the
property. The provisions of this declaration are intended to and
shall run with the land and, until their expiration as set, shall
bind; be a charge upon and inure to the mutual benefit of (a) all •
of the property which becomes part of the association and each part
or parcel thereof; (b) declarant and its successors and assigns;
(c) the association and its successors and assigns; and (d) all
persons having or acquiring any right, title, or interest in any
. property which becomes part of the association area or any part or
parcel thereof or any improvement thereon and their heirs, personal
representatives, successors and assigns.
EXHIBIT
I ' o
D. Declarant hereby submits the real estate identified above
to the provisions of the Colorado Common Interest Ownership Act,
Sections 36-33.3-101 (The Act) , et. seq. Colorado Revised Statutes,
as it may be amended from time to tine. In the event The Act is
repealed, the Act, on the effective date of this Declaration, shall
remain applicable.
ARTICLE I
DEFINITIONS
Section 1. "Architectural Review Committee" shall mean the
committee that is formed by Article Seven of these covenants.
Section 2. "Articles of Incorporation" shall mean the
Articles of. Incorporation of the Association, as the same may from
time to time be amended.-
"Section 3, "Association" shall mean and be referred to
Rangeview Ranches Community Association, Inc. , a Colorado
corporation, not-for-profit, its successors and assigns.
Section 4. "Association Fences" shall mean the fences
located or to be located on perimeter fencing easements adjacent to
the subdivision or in the interior of the project within utilities
easements shown on the subdivision plat. The precise locations of
the Association Fences shall be as determined by Declarant.
Section 5. "Association Maintenance Areas"shall mean any
area designated by the Declarant in this Declaration as
"Association Maintenance Area", which is maintained by the
Association.
Section 6. "Assessment" shall mean and rotor to any
assessment levied, charged, or assessed against an Owner in
accordance with the provisions of this Declaration.
Section 7. "Board" shall mean the Executive Board of the
Issociation.
Section 8. "Bylaws" shall mean and refer to the duly
adopted Bylaws of the Association, as the same may from time to
time amended.
Section 9. "Common Area" shall refer to all real property
' and Improvements owned or leased by the Association which shall
include, by way of example but without limitation, private roads,
private storm drainage detention facilities, parking areas and
walks owned by the Association. Said arias are intended to be
devoted to the common use and enjoyment of owners and are not
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dedicated for use by the general public except as indicated in this
Declaration. The common area shall be owned by the Association at
the time of the conveyance of the first Lot as described in the
Preamble alluded hereto and incorporated herein by this reference.
Section 10. "Declaration" shall mean the covenants,
conditions, and restrictions, and all other provisions herein set
forth in this entire document, as the same may from time to time be
amended.
Section 11. "Exterior Association Fence" shall mean and
refer to any fence located or to be located on perimeter utility
easements adjacent to the subdivision.
Section 12. "Interior Association Fence" shall mean and
refer to any fence located or to be located on the interior of the
Project within utility easements shown on the• subdivision plat.
Section 13. "Lot" shall mean and refer to any numbered area
of land shown as such upon any recorded final filing plat required
by Weld County, Colorado. "Lot" shall also mean a "Unit" as
defined in C.R.S. Sec. 36.33-103(30) as originally enacted or
subsequently amended.
Section 14. "Maintenance Funds" shall mean the accounts
into which the Board shall deposit monies paid to the Association
and from which disbursements shall be made in the performance of
the functions of the Association.
Section 15. "Member" shall mean the person or, if more than
one, all persons collectively who constitute the owner of a site. •
Section 16: "Mortgage" shall mean and refer to a mortgage,
deed of trust, or other similar security instrument held or owned
by a Mortgagee which encumbers any Lot.
Section 17. "Mortgagee" shall mean and refer only to a
Mortgagee under a Mortgage or a beneficiary under a deed of trust
or similar security instrument. No person shall be deemed a
Mortgagee until written notice of such interest has been given to
the Association together with the name and address of the
Mortgagee.
Section 18. "Notice and Hearing" shall mean a written
notice and public hearing before the Board of Directors or a
tribunal appointed by the Board, in the manner provided in the
Bylaws.
Section 19, "owner" shall mean the person, including
Declarant, or, if more than one, all persons collectively, who hold
fee simple title of record with site, including Seller's under
executory contracts of sale and excluding buyers thereunder. It
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also shall include any grantee, transferee, heir, successor,
personal representative, executor, administrator, devisee, and
assign of any owner but shall not refer to any mortgagee as herein
defined, or other person or entity having an ownership interest in
any Lot merely as security for the performance of an obligation,
unless such Mortgagee has acquired title pursuant to foreclosure or
any recording in lieu of foreclosure.
Section 20. "Person" shall mean an individual, corporation,
partnership, association, trust, or other legal entity, or any
combination thereof.
Section 21. "Road(s) " shall mean a public right of way as
shown on the plat which shall be privately maintained by the
association.
Section 22. "Single Family" shall have the same meaning as
that term is defined -in the zoning ordinances of Weld County,
Colorado as of the date of the recording of this Declaration or as
amended in the future by the governing body of Weld County,
,Colorado.
• ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO
The real property which is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located
in Weld County, Colorado and is more particularly described in the
Recitals and represents the subdivision which is the subject of -
this Declaration.
ARTICLE III
ASSOS.IATION STRUCTURE AND FORMAT
Section 1 - Organization. The Association is a nonprofit,
nonstock corporation organized and existing under the laws of
Colorado, charged with the duties and vested with the powers
prescribed by law and set forth in the Articles of Incorporation
and Bylaws, as such may be amended from time to time, provided that
the Articles of Incorporation and Bylaws shall not for any reason,
be amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration.
Section 2 — Membership.
(a) Basis. Membership shall be appurtenant to the
Lot giving rise to such membership, and shall not be assigned,
transferred, pledged, hypothecated, conveyed or alienated in
any way except as provided in the Declaration, Articles of
Incorporation or Bylaws.
i
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r
r .
(b) Member's Rights and Duties. Each Member shall have
the rights, duties and obligations set forth in this
Declaration, the Articles of Incorporation or Bylaws.
(c) Voting Rights. The Association shall have one (1)
class of voting membership:
class A: Class A members shall be all Owners of
Lots as defined in Article I, section 14. Class A Members
shall be entitled to one (1) vote for each Lot owned.
(d) Exercise of Vote. class A Membership shall be
appurtenant to and may not be separated from record ownership
of a Lot, and such membership shall automatically transfer to
the new Owner upon any sale, transfer, or other disposition of
a Lot subject to the provisions of this Declaration and any
Supplements thereto. There shall not be more than one (1)
Class A Member for any Lot within the Project. Upon transfer,
sale, or other disposition of all or some of the fee interest
in a Lot, the then owner shall automatically become the Class
A Member with respect to such Lot. The vote for any
Membership, which is held by more than one (1) person may only
be exercised by one (1) person, or if the Owner is a
corporation, by an officer of such corporation. A written
notice subscribed to by all of such persons or by such
corporation, as the case may be, designating one (1) of such
persons or an officer of such corporation as the person
entitled to cast the vote with respect to such Lot shall be
delivered to the Secretary of the Association prior to the
start of any annual or special meeting of the Association.
without this written notice, the vote for the Membership shall
not be counted.
Section 3 - Executive Board.
(a) Composition. The number of Directors shall be as
provided in the Articles of Incorporation and Bylaws.
(b) Extent of Power.
(1) The Executive Board shall have all powers for
the conduct of the affairs of the Association which are
enabled by law or the Declaration of Covenants or the
Articles of Incorporation and its Bylaws which are not
specifically reserved to Members and the Declarant by
said documents.
(2) The Executive Board shall exercise its powers
in accordance with this Declaration of Covenants,
Articles of Incorporation and its Bylaws.
5
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ARTICLE IV
DUTIES AND POWERS OF ASSOCIATION
Section 1 - General Duties and Powers of As.sOCiation. The
Association has been formed to further the common interests of the
Members of the Association. The Association, acting through its
Executive Board or Persons to whom the board has delegated such
powers, shall have the duties and powers hereinafter set forth and,
in general, the power to do anything that may be necessary or
desirable to further the common interests of the Members of the
Association, to maintain, improve and enhance the Association
fencing, both interior and exterior, to maintain the roads and
adjacent rights of way within the Property.
Section 2 - Duty to Accept Property and Facilities Transferred
by Declarant. The Association shall accept title to any
Improvements, including the Association fencing, both interior and
exterior, together with private roadways and private storm drainage
facilities, transferred to the Association by Declarant,. together
with the responsibility to perform any and all of the functions set
forth in this Declaration in connection therewith, provided that
such functions are not inconsistent with the terms of this
Declaration. Except as otherwise specifically approved by
resolution of the Board of Directors, no property or interest in
property transferred to the Association by Declarant shall impose
upon the Association any obligation to make monetary payments to
Declarant or any affiliate of Declarant, including, but not limited
to, any purchase price, rent, charge or fee. The property or
interest in property transferred to the Association by Declarant
shall not impose any unreasonable or special burden on the
Association other than the normal burdens of ownership of property.
Section 3 - Duty to Manage and Care for Property. The
Association shall manage, operate, care for, maintain, repair, and
replace the Association fences, whether interior or exterior,
roads, private storm drainage facilities and keep the Association
in a neat, attractive and desirable condition.
Section 4 - Duty to Pay Assessments. The Association shall
levy and collect assessments as elsewhere provided in this
Declaration.
Section 5 - Duty to Prepare Budgets. The Association shall
prepare budgets for the Association as elsewhere provided in this .
Declaration.
Section 6 - Duty to Provide Audit. The Association may provide
for an annual independent audit of the accounts of the Association.
If required by a Government Mortgage Agency such audit may be an
independent audit. Copies of the report of the audit will be :made
available to any Member who requests a copy of the same upon
payment of such Member of the reasonable cost of copying the same.
6
t
erection 7 - Power to Adopt Rules and Regulations. The
Association may adopt, amend, repeal and enforce ruins an::
regulations a-b may be deeme n3'-ec ssary or-desirable with respect to
the interpretation and implementation of this Declaration, the
operation of the Association, and the use of any property within
the project. Any such rules and regulations shall be reasonable
and uniformly applied and copies will be available upon request and
payment of the reasonable expense of copying the same. Each Member
shall comply with such rules and regulations and shall see that
Related Users comply with such rules and regulations. Such rules
and regulations shall have the same force and effect as if they
were set forth in and were part of this Declaration. In the event
of conflict between the rules and regulations and the provisions of
this Declaration, the provisions of this Declaration shall prevail.
Section 8 - Power to Enforce Declaration and Rules and
Regulations. The Association shall have the power to enforce the
provisions of the Association Declaration and of its rules and
regulations and shall take such action as the Executive Board of
the Association deems necessary or desirable to cause such
d compliance by each Member of the Association and each Related User.
Without limiting the generality of the foregoing, the Association
shall have the power to enforce the provisions of this Declaration
and of rules and regulations of the Association by any one or more
of the following means: (a) "by entry upon any property within the
Association Area (when a bona fide emergency exists) , without
liability to the Owner thereof, for the purpose of enforcement or
causing compliance with this Declaration or rules and regulations
of the Association; (b) by commencing and maintaining actions and •
suits to restrain and enjoin any breach or threatened breach of the
provisions of this Declaration or the rules and regulations of the
Association, by mandatory injunction or otherwise; (c) by
commencing and maintaining actions and suits to recover damages for
breach of any of the provisions of this Declaration or the 'rules
and regulations of the Association; (d) by suspension, after notice
and hearing of the voting rights of a Member of the Association
during and for up to sixty (60) days following any breach by such
Member or a Related User of such member of this Declaration or such
rules and regulations, unless the breach is a continuing breach, in
which case such suspension shall continue for so long as such
breach continues; (e) by levying and collecting, after notice and
hearing a Reimbursement Assessment against any member of the
Association for breach of this Declaration or such rules and
,' regulations by such Member or a Related User of such member; and
(t) by levying and collecting, after notice and hearing as defined
in this Declaration, reasonable and uniformly applied fines and
penalties, established in advance in the rules and regulations of
the Association, from any Member of the Association for breach of
or failure to comply with this Declaration or such rules and
regulations by such Member or a Related User of such member.
Section 9 - Power to Provide Special Services for Members.
The Association shall have the power to provide services to a
Member or group of members. Any service or services to a Member or
group of members shall be provided pursuant to an agreement in
writing, or through one or more special service contract(s) , which
shall provide for payment to the Association by such Member or
group of Members of the reasonably estimated costs and expenses of
the Association of providing such services, including a fair share
of the overhead expenses of the Association, and shall contain
reasonable provisions assuring that the obligation to pay for such
services shall be binding upon any heirs, personal representatives,
successors and assigns of the Member or group of Members and that
the payment for such services shall be secured by a lien on the
property of the Member or group of members.
Section 10 - Power to Employ Managers. The Association shall
have the power to retain and pay for the services of a Manager or
Managers to undertake any of the management or functions for which
the Association has responsibility under this Declaration to the
extent deemed advisable by the Association, and may delegate any of
its duties, powers or functions to any such manager. Any contact .
or agreement with any such Manager shall be terminable by the
Association for cause on no more than thirty (30) days' prior
written notice, and shall be terminable by the Association without
cause and without payment of a termination fee on no more than
ninety (90) days' prior written notice. Any such contract or
agreement shall be for a term of no more than one (1) year but may
be subject to renewal for succeeding terms of no more than one (1)
year each. Notwithstanding any delegation to a Manager of any
duties, powers or functions of the Association, the Association and
its Executive Board shall remain ultimately responsible for the
performance and exercise of such duties, powers and function. Any
agreement cr contract with a Manager may contain any other
provisions which may be required to be contained therein by any
Government Mortgage Agency.
Section 11 - Power to Engage Employees, Agents and
Consultants. The Association shall have the power to hire and
discharge employees and agents and to retain and pay for legal and
accounting services as nay he necessary or desirable in connection
with the performance of any duties or the exercise of any powers of
the Association under this Declaration.
Section 12 - General Corporate Power@. The Association shall
• -have all of the ordinary powers and rights of a Colorado
corporation formed under the Colorado Nonprofit Corporation Act,
including, without limitation, entering into partnership and other
agreements, subject only to such limitations upon such posers as
may be set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association. The Association shall
alao havo tha po❖er to do any and all lawful things which may be
authorized, required or permitted to be done under this Declaration
8
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or the Articles of Incorporation and Bylaws of the Association and
to do and perform any and all acts which may be necessary or
desirable for, or incidental to, the exercise of any of the express
powers or rights of the Association under this Declaration and the
Articles of Incorporation and Bylaws of the Association.
ARTICLE V
COVENANT FOR A._$$SSMENTS
Section 1 - General. The Association shall have the power to
levy Assessments against the Lots and the Owners thereof, and each
Owner, and, if more than one (1) person, all such Persons, jointly
and severally, by acceptance of the deed to a Lot, whether or not
it shall be expressed in any such deed, shall be deemed to covenant
and agree expressly in any such deed to pay all such Assessments in
the manner and for the purposes provided herein. Subject to the
provisions hereof, the Board shall have the power and authority to
determine all matters in connection with Assessments, including the
power and authority to determine where, when, and how Assessments
shall be paid to the Association, and each Owner shall comply with
such determination.
Section 2 - Method of Assessment. All Assessments shall be
levied by the Association against Lots and collected and disbursed
by the Association. The Executive Board shall fix the amount of
the Assessments as provided hereinafter and set the date or dates
such Assessments shall become due.
Section 3 - Relationship of the Association Lien to Mortgages.
Except as provided in C.R.S. Sec. 38-33.3-316 as originally enacted
or as subsequently amended by the Colorado Legislature, the lien of
the assessments provided for herein shall be subordinate to the
lien of any First Mortgage, including any executory land sales
contract wherein the Administrator of Veterans Affairs (Veterans
Administration) is the seller, whether such contract is owned by
the Veterans Administration or its assigns, and whether such
contract is recorded or not. The lien of such assessments shall be
superior to any homestead exemption or other exemption as is now or
may hereafter be provided by Colorado or Federal law. The
acceptance of a deed to land subject to this Declaration shall
constitute a waiver of the homestead and any other exemption as
against said assessment lien. Sale or transfer of any Lot shall
not affect the liens for said charges except that sale or transfer
of any Lot pursuant to mortgage foreclosure or any proceeding in
lieu thereof, including a deed in lieu of foreclosure or
cancellation or forfeiture of an executory land sales contract
shall extinguish the lien of such charges as to payments which
become due prior to such sale, transfer, cancellation or forfeiture
of executory land sales contract. No sale, transfer, cancellation
or forfeiture of executory land sales contract shall relieve such
Lot from liability for any such charges thereafter becoming due or
9
from the lien thereof; provided, however, that in the event of
foreclosure of a First Mortgage or the taking of a deed in lieu
thereof, such First Mortgagee shall not bee liable for unpaid
assessments or other charges which accrue prior to the acquisition
of title to the Lot in question by such First Mortgagee except to
the extent C.F.S. Sec. 38-33.3-316 grants a superior priority to
liens of the Association in relationship to a first mortgage.
motion 4 - General Assessments.
(a) Purpose. The General Assessment shall be used
exclusively to promote the welfare of the owners and, by way
of example but not by way of limitation, to improve, maintain
and operate the Common Area and facilities, including funding
of an adequate reserve fund for maintenance,, repair,
replacement of the Association fencing &hether interior or
exterior for the subdivision, for landscaping of areas
adjacent to Lots within the Project, to maintain any
sprinkling system necessary for landscaping for private
'roads or private storm drainage facilities, to pay any water
or electrical assessments incurred to provide those services,
to provide for external signage for the subdivision, and to
pay annual insurance costs necessary to the Association, all
tax liabilities assessed by any federal, state or local tax
authority relating to obligations of the Association, any
water or electrical assessments to the Association charged by
entities who deliver those services, any private road snow
removal costs to the Association for snow removal authorized
by the Executive Board, as well as any professional fees
incurred by the Association. .
(b) Basis for Assessment. For General Assessment
purposes all Lots shall be assessed at one hundred percent
(100%) of the General Assessment rate. The Developer
anticipates that the first General Assessment shall be
One Hundred Dollars and no cents( 100.00) per year.
The Developer reserves the right to increase or decrease the
General Assessment for the first year of operation of the
Association, and the amount listed above is an estimate based
on current budget projections of the Developer for operating
the Association.
(c) Date of Commencement of General A.Lgssments. The
General Assessments shall commence on the first day of the
' =month following the conveyance of a Lot to any purchaser other
than the Declarant.
Section 5 - Budget Process. to determine the amount required
to be raised by General Assessments for any fiscal year, the
Executive Board shall prepare an Annual Budget for such fiscal year
showing, in reasonable detail, the various matters proposed to be
covered by the Budget, the estimated costs and expenses which will
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be payable, and the estimated income and the funds which will be
available in that fiscal year, and the estimated total amount of
money required to be raised by the General Assessment to cover such
costs and expenses and to provide a reasonable reserve. The total
amount of money required to be raised by the General Assessment for
such fiscal year shall be the amount as determined by the Board
necessary to satisfy the costs and expenses of fulfilling such
functions and obligations of the Association in the coming fiscal
year, including the payment of debts from prior fiscal years,
providing reasonable reserves, and providing a reasonable carry-
over reserve for the following fiscal year. Within thirty (30)
days after adoption of any proposed budget for the common interest
community, the Executive Board shall mail, by ordinary first-class
mail, or otherwise deliver a summary of the budget to all the Lot
Owners and shall set a date for a meeting of the Lot Owners to
consider ratification of the budget not less than fourteen (14) nor
more than sixty (60) days after mailing or other delivery of the
summary. Unless at that meeting a majority of all Lot Owners
present at the meeting, in person or by proxy, rejects the budget,
the budget is ratified, whether or not a quorum is present. In the
event the proposed budget is rejected, the periodic budget is
rejected, the periodic budget last ratified by the Lot Owners must
be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board.
Section 6 - Supplementary Assessments. In the event that the
Board shall determine, at any time or from time to time, that the
amount of the General Assessment is not adequate to pay for the
costs and expenses of fulfilling the Association's obligations
hereunder, one or more Supplementary Assessments may be made for
the purpose of providing the additional funds required. To
determine the amount required to be raised by each Supplementary
Assessment, the Board shall revise the annual budget for such
fiscal year or prepare a new budget, a copy of which shall be
furnished to any Owner, or on request, to any Mortgagee. Based on
such revised or new Budget, the Board may make a Supplementary
Assessment for such fiscal year against each Lot, the amount of
which shall be determined by the Board as provided in Section 5 of
this Article, including the notice to owners and owners meeting for
ratification.
Section 7 - Special Assessments. special Assessments may be
made for the purposes of raising funds for capital improvements and
for any other Association purpose for which General Assessments may
:not or have not been made. Whether to make a Special Assessment
and the amount thereof per Lot shall be determined by the Board;
provided that no Special Assessment shall be valid unless approved
by a .maiority vote of the Members present and voting in person or
by proxy at any Annual Meeting of the Members of the Association or
at any Special Meeting thereof called_for the purpose or
considering such Soec.i.l Assessment.
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Section $ - Reimbursement Assessments. The Executive Board of
the Association may, subject to the provisions hereof, levy an
Assessment against any Member if (a) the willful or negligent
failure of the Member or Related User of the Member to comply with
this Declaration, the Articles of Incorporation, the Bylaws of the
Association, rules and regulations adopted by the Association, or
guidelines or rules adopted by the Association Architectural Review
Committee have resulted in the expenditure of funds to cause such
compliance, or (b) if a member or a Related User of the Member
shall fail to pay any fines or penalties established in the rules
and regulations of the Association for breach of or failure to
comply with this Declaration or such rules and regulations. Such
Assessments shall be known as Reimbursement Assessments. The
amount of the Reimbursement Assessments shall be due and payable to
the Association thirty (30) days after notice to the Member of the
decision of the Executive Board of the Association that thee
Assessment is owing.-_
Section 9 - Time for Payments• The General Assessment for
each Lot shall be payable, subject to Section 11 of this Article V,
in one (1) installment with that payment being due on or before
March 1 of each year. Special and Supplementary Assessments shall
be _payable as provided in the resolutions authorizing the same.
All installments of General, Supplementary, and Special Assessments
shall be due and payable without notice or demand, and all
Assessments shall be paid without any setoff or diminution of any
kind. Any Assessment or installment thereof or other amount
�^ payable pursuant to this Section or under the Articles of
Incorporation or its Bylaws which is not paid when due shall bear
interest from the delinquency date until paid at the maximum rate
permitted by law for interest as provided in Colorado Revised
States Sec. 38-33 .3-315(2) or any subsequent amendment thereto or
such lesser rate as the Board shall determine and/or may be subject
to a late charge as may be set and uniformly applied by the Board.
All payments on account shall be first applied to interest and late
charges and then to the Assessment payment due.
Section 10 - Lien for Assessments another Amounts. The
Association shall have a lien against each Lot to secure payment of
any Assessment and other amounts due and owing to the Association
with respect to that Lot which shall be created and enforced as
provided in Colorado Revised Statutes Sec. 3R-33.3-316 or any
subsequent amendment thereto.
Section 11 - working Capital. The Association shall require
that the first Owner of a Lot other than Declarant who purchases
—. that Lot from Declarant to make a contribution of working capital
to the Association which shall be One Hundred and no/100 Dollars
($100.00) , which sum shall be held by the Association as and for
working capital. Such payment shall not relieve an Owner of an lot
from making the regular payment of assessments for lots as the same
become due. The amount collected as working capital shall not
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later be refunded to the original Owner upon the sale or transfer
of a Lot. No Owner shall be entitled to interest on any amount
a rovided as working capital to the Association. The provisions of
this Section II shall not apply to the Declarant or any successor
in interest to the Declarant. Upon transfer of any Lot, an Owner
shall be entitled to reimbursement from the purchaser for the
working capital contribution which has been allocated to that Lot.
Section 12 - Est000el Certificate. Upon payment of a
reasonable fee and upon written request of any Owner, or First
Mortgagee, of any person with any right, title or interest in a Lot
or intending to acquire any right, title, or interest in a Lot, the
Association shall furnish a written statement stating for the
amount of any Assessments, if any, due or accrued and then unpaid
with respect to such Lot and the amount of the Assessments for the
current fiscal period of the Association payable with respect to
the Lot, which statement shall, with respect.to the party to whom
it is issued, be conclusive against the Association, for all
purposes, that no greater or other amounts were then due or accrued
and unpaid.
Section 13 - No Abatement. No diminution or abatement of
.Assessments shall be allowed or claimed for any reason including,
without limitation, from the making of repairs or improvements to
the Common Area or from any action taken to comply with any law,
ordinance, or order of a governmental authority.
Section 14 - Rights of First Mortgagees. Any First Mortgagee
of a Lot within the Project may jointly or severally pay any tax or
other charge which is in default and which may have become a charge
or a lien against any common area of the Association, and any First
Mortgagee may jointly or severally pay any overdue premium on
hazard insurance policies or secure new hazard insurance coverage
on the lapse of any such policy, upon common area of the
Association, and any First Hortgagee(s) making such payments shall
be entitled to immediate reimbursement therefor from Rangeview
Ranches Community Association.
ARTICLE VI
MORTGAGEE'S RIGHTS
Section 1 - Notice to Mortgagee. Each holder of a first deed
of trust on any Lot shall, upon written request by such holder to
the Board, receive any of the following:
(a) Copies of budgets, notices of assessments, insurance
certificates, or any other notices or statements provided
under this Declaration by the Association to the owner of the
Lot covered by the deed of trust; ;
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(b) Any audited or unaudited financial statements of the
Association within ninety (90) days following the end of any
fiscal year, which are prepared for the Association and
distributed to the Owners subject to the limitation that the
Association shall not be required to provide an audited
financial statement to any owner or mortgagee unless the
holder of the first mortgage requests either an audited or
unaudited financial statement from the Association;
(c) Copies of notices of meetings of the Owners and the
right to be represented at any such meetings by designated
representative;
(d) Notice of the decision of the Owners or the
Association to make any material amendment to this Declaration
(as defined in Federal National Mortgage Association Lending
Guide) , the Bylaws, or the Articles of Incorporation of the
Association;
(e) Notice of substantial damage to or destruction of
any residence or any part of the Common Area;
(f) Notice of commencement of any condemnation or
eminent domain proceedings with respect to any part of the
Common Area or any Lot within the Project;
(g) Notice of any default of the holder's Owner which
is not cured by the Owner within thirty (30) days after the
giving of notice by the Association to the Owner of the
existence of the default;
(h) The right to examine the books and records of the
Association at any reasonable time;
(i) Notice of any lapse, cancellation or material
modification of any insurance policy or fidelity bond
maintained by the Association.
Section 2 - Actions Requiring Both Member and First Mortgagee
Approval. Notwithstanding anything to the contrary set forth in
this Declaration, the Association shall not:
(a) unless it has obtained the prior written consent of
at least sixty seven percent (67%) of all classes of Members
and 67% of First Mortgagees of Lots (based upon one vote for
-- each First Mortgage owned) :
(1) by act or omission, change, waive, or abandon
any scheme of architectural control, or enforcement
thereof, as set forth in this Declaration, regarding
the design or maintenance of the Lots, improvements
thereon or the Common Area;
(2) fail to maintain full current replacement cost
fire and extended insurance coverage on the Common Area,
or
(3) use hazard insurance proceeds for Common Area
property losses for purposes other than to repair,
replace, or reconstruct such property; or
(4) by act or omission, seek to abandon,
partition, subdivide, encumber, sell, or transfer
any common property owned, directly or indirectly, by
the Association for the benefit of the Owners (excluding
the granting of easements for public utilities or other
purposes consistent with the intended use of such common
property) ; or
(5) effectuate any decision to terminate
professional management-and assume self-management of the
Properties;
(6) any change in the voting method;
(7) change the method of determining the
obligations, assessments, dues, or other charges which
may be levied against an Owner;
(8) change the method of determining or the amount
of reserves for maintenance, repair and replacement of
the common areas;
(9) change or alter in any respect the required
insurance coverages or fidelity bonds;
(10) change the Association or owner responsibility
for maintenance and repair of the common area, lots, lot
improvements or residences;
(11) seek to expand or contract the project subject
however to the Special Declarant's right of expansion
and development rights set forth within this Declaration;
(12) change the boundaries of any lot;
(13) change the interests in the general common
areas;
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(14) alter this Declaration with respect to leasing •
of residences or the composition of any right of first
refusal or similar restructure or the right of any Lot
owner to sell, transfer, or convey a lot;
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(15) alter any provision within the Declaration,
Articles of Incorporation, or Bylaws which is for the
express benefit of a first mortgage holder or eligible
insurer or guarantor of first mortgage of a Lot within
the project;
(16) make a decision by the owners Association to
establish self management when professional management
had been required previously by an eligible mortgage
holder; .
(17) attempt a termination for reasons other than
substantial destruction or condemnation.
Section 3 - Rights of First Mortgagees to Pay Assessments.
Etc. Any First Mortgagee of a Lot within the Project may jointly
or severally pay any tax or other charge.which is in default and
which may have become a charge or a lien against any common
property of the Association, and any First Mortgagee nay jointly or
severally pay any overdue premium on hazard insurance policies or
secure new hazard insurance coverage on the lapse of any such
policy upon any common area of the Association, and any First
Mortgagee(s) making such payments shall be entitled to immediate
reimbursement therefor from the Association.
ARTICLE VIII
KIC'HTS RESERVED BY DECLARANT
Section 1 - Special Declarant Rights. Declarant hereby
reserves the right from time to time until the Turnover Date, to .
perform the acts and exercise the rights hereinafter specified (the
"Special Declarant Rights") . Declarant's Special Declarant Rights
include the following:
(a) Completion of Improvements. The right to complete
improvements indicated on Plats and Maps filed with the
Declarant.
(b) Sales Manaaement and Marketing. The right to
•maintain sales offices, management offices, signs
advertising the project and models.
(c) Construction Easements. The right to use easements
through the Common Elements for the purpose of making
improvements within the project
(d) Control of Association and Executive Board. The
right to appoint or remove any officer of the Association or
any Executive Board member.
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(e) Amendment of Declaration. The right to amend this
Declaration in connection with the exercise of any Development
Rights.
Section 2 - Additional Reserved Rights. In addition to the
Special Declarant Rights set forth in Section 1 above, Declarant
also reserved the following additional rights (the "Additional
Reserved Rights") :
(a) Dedications. The right to establish from tine to
time, by dedication or otherwise, utility and other easements
for purposes, including but not limited to, streets, paths,
walkways, drainage, recreation areas, parking areas and
conduit installation areas and to create other reservations,
exceptions and exclusions for the benefit of and to serve the
Lot owners within the project.
(b) Use Agreements. The right to enter into, establish,
•execute, amend and otherwise deal with contracts and
agreements for the use, lease, repair, maintenance or
regulation of parking, which may or may not be a part of the
project for the benefit of the Lot Owners and/or the
Association.
(c) Other Rights. The right to exercise any Additional
Reserved Right created by any other provision of this
Declaration.
Section 3 - Rights Transferrable. Any Special Declarant Right
or Additional Reserved Right created or reserved under this Article
for the benefit of Declarant may be transferred to any Person by an
instrument describing the rights transferred and recorded in Weld
County. Such instrument shall be executed by the transferor
Declarant and the transferee.
Section 4 - Expansion Rights. Declarant expressly reserves
the right to subject all or any part of the Property described in
"Exhibit A" attached hereto and hereby incorporated by reference
(the "Development Property") to the provisions of this Declaration
•upon the substantial completion of the improvements on the
Development Property. The consent of the existing Lot Owners or
Mortgagees shall not be required for any such expansion, and
Declarant may proceed with such expansion without limitation at its
sole option.
Section 5 - Development and Withdrawal Rights. Declarant
expressly reserves the right to construct additional Units, Common
Elements and Limited Common Elements (the "Additional
Improvements") to subdivide Units and to convert Units into Common
Element on all or any portion of the Property reserved for future
development in the Declaration or on the Map. Declarant may
exercise its Development Rights on all or any portion of the
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reserved Property in whatever order of development Declarant, in
its sole discretion, determines. If all or any part of the
Development Property is submitted to this Declaration, this right
to reserve property for future development shall apply to such
property as well. Declarant expressly reserves the right to
withdraw all or any portion of the Property that is reserved for
future development in the Declaration or on the Hap from the
project by recording a document evidencing such withdrawal in the
office of the Clerk and Recorder of Weld county; provided, however,
that no portion of the Property may be withdrawn after a Lot in
that portion of the Property has been conveyed to a Purchaser. The .
property withdrawn from the project shall be subject to whatever
easements, if any, are reasonably necessary for access to or
operation of the project. Declarant shall prepare and record in
the office of the Clerk and Recorder of Weld County whatever
documents are necessary to evidence such easements.
Section 6 - Amendment of the Declaration. If Declarant elects
to ' submit the Development Property, or any part thereof, or
Additional Improvements, to this Declaration, or to subdivide or to
convert Units at such time as construction of the improvements on
the Development Property or the Additional Improvements are
' substantially complete, Declarant shall record an amendment to this
Declaration reallocating the Allocated Interests so that the
Allocated Interests appurtenant to each Unit will be apportioned
according to the total number of Units submitted to the
Declaration. The Allocated Interests appurtenant to each Unit in
the project, as expanded, shall be based on the total number of
Lots within the project, as expanded, and/or on such other
information as Declarant shall reasonably determine is relevant to
the reallocation.
The amendment to this Declaration shall contain, at a minimum,
the legal description of the Development Property, or a part
thereof, or a description of the property on which the Additional
Improvements being submitted to this Declaration are located and a
schedule of the Allocated Interests appurtenant to the Units in the
project as expanded.
Section 7 - Amendment of the Man. Declarant shall,
contemporaneously .with the amendment of this Declaration, file an
amendment of the Map showing the location of the Additional
Improvements constructed on the Development Property. The
,amendment to the Map shall substantially conform to the
requirements contained in this Declaration.
-. Section S - Interpretation. Recording of amendments to this
Declaration and Map in the office of the Clerk. and Recorder of Weld
County shall automatically;
(a) Vest in each existing Lot Owner the reallocated
Allocated Interests appurtenant to the Lot; and
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(b) Vest in each existing Mortgagee a perfected security
interest in the reallocated Allocated Interests appurtenant to
the encumbered Lot.
Upon the Recording of an amendment to this Declaration, the
definitions used in this Declaration shall automatically be
extended to encompass and to refer to the Property, as expanded.
The Development Property, or any part thereof, or the Additional
Improvements, shall be added to and become a part of the Property
for all purposes. All conveyances .of Lots after such expansion
shall be effective to transfer rights in all Common Elements as
expanded, .whether or not reference is made to any amendment to this
Declaration or the Map. Reference to this Declaration and the Map
in any instrument shall be deemed to include all amendments to this
Declaration and the Map without specific reference thereto.
Section 9 — Maximum Number of Lot.j. The maximum number of
Lots in the project shall not exceed 200 Lbts or the maximum number
of Lots allowed by any governmental entity having jurisdiction over
the Property, pursuant to any development plan for the Property and
the Development Property. Declarant shall not be obligated to
.expand the project beyond the number of Lots initially submitted to
this Declaration. •
Section 10 - Construction. The buildings, structures and
types of improvements to be placed on the Property or the
Development Property or any part thereof shall be a quality equal
to the improvements previously constructed on the property, but
need not be of the same size, style or configuration. The
improvements may be located anywhere on the Property reserved for
future development or on the Development Property.
Section 11 - Construction Easement. Declarant expressly
reserves the right to perform warranty work, repairs and
construction work and to store materials in secure areas in Lots
and in Comment Elements, and the future right to control such work
and repairs, and the right of access thereto, until its completion.
All work may be performed by -Declarant without the consent or
approval of any Lot Owner or Mortgagee. Declarant has such an
easement through the Common Elements as may be reasonably necessary
for the purpose of discharging Declarant's obligations and
exercising Declarant's reserved rights in this Declaration. Such
easement includes the right to construct underground utility lines,
pipes, wires, conduits and other facilities across the land not
designated as reserved for future development in this Declaration
or on the Map for the purpose of furnishing utility and other
. s=ervices to buildings and improvements to be constructed on the
property so reserved for future development. Declarant's reserved
construction easement includes the right to grant easements to
public utility companies and to convey improvements within those
easements anywhere in the Common Elements not occupied by an
improvement containing Living Units.
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section 12 - Reciprocal Easements. If all or part of the
Development Property is not submitted to this Declaration, or if
property is withdrawn from the Project ("Withdrawn Property") :
(a) The Owner(s) of the Development Property and/or
Withdrawn Property shall have whatever easements are necessary
or desirable, if any, for access, utility service, repair,
maintenance and emergencies over and across the Project; and
(b) The Owner(s) in the Project shall have whatever
easements are necessary or desirable, if any, for access,
utility service, repair, maintenance and emergencies over and
across the Development Property and Withdrawn Property.
Declarant shall prepare and record in the office of the Clerk
and Recorder of Weld County whatever documents are necessary to
evidence such easements. Such recorded easement(s) shall specify
that tha Owners of the Development Property and the Withdrawn
Prdperty and the' Owners in the Project shall be obligated to pay a
proportionate share of the cost of the operation and maintenance of
any easements utilized by either one of them on the other's
property upon such reasonable basis as the Declarant shall
establish in the easement(s) . Preparation and recordation by
Declarant of an easement pursuant to this Section shall
conclusively determine the existence, location and extent of the
reciprocal easements that are necessary or desirable as
contemplated by this Section.
Section 13 - Termination of Expansion and Development Rights. •
The expansion and development rights reserved by Declarant, for
itself, its successors and assigns, shall expire twenty (20) years
from the date of recording this Declaration, unless the expansion
and development rights are (1) extended as allowed by law or (ii)
reinstated or extended by the Association, subject to whatever
terms, conditions and limitations the Executive Board may impose on
the subsequent exercise of the expansion and development rights by •
Declarant. Upon the expiration or other termination of the
expansion and development rights, any Lot then subject to
Development Rights shall become Common Elements.
Section 14 - Transfer of Expansion and Development Riahts.
Any Special Declarant Right or Additional Reserved Right created or
reserved under this Article for the benefit of Declarant may be
transferred to any Person by an instrument describing the rights
transferred and recorded in Weld County. Such instrument shall be
executed by the transferor Declarant and the transferee.
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ARTICLE VII
GENERAL PROVISION:
Section 1 - Nuisances. No nuisance shall be permitted to
exist or operate upon any property so as to jeopardize property
values or to be detrimental to the well-being of any other Member
of the Association.
Section 2 - Lots and Buildings. No lot shall be used except
for residential purposes. No building shall be erected, altered,
placed, or permitted to remain on any lot other than one detached
family dwelling unit not to exceed two stories in height together
with private garage and/or accessory buildings. The ground floor
area of the main residence structure, exclusive of open porches and
garages, shall not be less than 1300 square feet. The floor area
for any Tri-level style residence shall not be less than 1500
square feet. No homes- or permanent structures or homes of a
preconstructed nature shall be permitted without prior approval of
the Architectural Control Committee. The gross floor area of
accessory building shall not be larger than 1600 square feet per
building.
No building shall be located on any lot nearer than 50 feet to
the front lot line, or nearer than 15 feet to any side street line.
No building shall be located nearer than 15 feet to an interior lot
line, except that no side yard shall be required for a garage or
other permitted accessory building located 25 feet or more from the
minimum building setback line. No dwelling shall be located on any
interior lot nearer than 25 feet to the rear lot line. For the
• purpose of this covenant, eaves, steps, and open porches shall not
be considered as a part of a building, provided, however, that this '
shall not be construed to permit any portion of a building on a lot
to encroach upon another lot.
Section 3 - Easements. Easements for installation and
maintenance of utilities and drainage facilities are reserved as
shown on the recorded plat. Within these easements, no structure,
planting or other material, shall be placed or permitted to remain
which damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage
channels in the easements, or which nay obstruct or retard the flow
of water through drainage channels in the easements. The easement
area of each lot and all improvements in it, shall be maintained
continuously and by the owner of the lot, except for those
improvements for which a public authority or utility company is
, responsible.
Section 4 - Nuisance. No noxious or offensive activity shall
be carried on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the
neighborhood. Tractors and machinery not being used for
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maintenance of the lot and unlicensed vehicles of any kind will not
be permitted on the lots, except in an enclosed storage building.
No structure of a temporary character, trailer, basement,
tent, shack, garage, barn or other outbuilding, shall be used on
any lot anytime as a residence, either temporarily or permanently.
No sign of any kind shall be displayed to the public view on
any lot except one professional sign of not more than five )
square feet. One sign of not more than five (5) square feet
advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and sales
period.
Section 5 - Animals. Livestock or Poultnv_. Owners may keep
animals on their property as long as they are kept in a humane
manner and not for any commercial purposes,) not to exceed one (1)
animals unit per acre.. Animal unit equivalents equals one (1) cow,;
one (1) horse, one (fh swine, two (2) sheep,T en(10)Alpaca ten
(10) poultry, and ten (10) rabbits. When pasture shows signs of
overgrazing, the Architectural Control Committee has full authority
to tell owners to remove animals from pasture. _ )so grass and
erosion problems do not occur. This is for all 'owners' best
interests.
Section 6 - Enforcement. Enforcement shall be by proceedings
at law or equity to restrain violations or to recover damages.
Section 7 - Fencing. -
Side lot line
'fences may be split cedar 3-rail fences as well as 4-wire barbless
fencing. No other fencing shall be erected without approval of the
Architectural Control Committee.
Section 8 - Architectural_ Control Committee. Until such time
as all lots are sold and homes are constructed the Committee shall
consist of Brian Hegwood After such time the new Committee will
be nominated and erected.' The Architectural Control Committee
proposes to maintain a high quality of life and living.
These covenants, restrictions and conditions shall run with
and bind the property.
Section 9 - Membership of Architectural Review Committee.
Members of the Association Architectural Review committee may, but
shall not necessarily be, members of the association. Members of
. " the Association Architectural Review Committee shall be appointed
within ninety (90) days after the date of the Notice of activation.
Members of the Association Architectural Review Committee may be
removed at any time by the Executive Board of the Association and
shall serve for such term as may be designated by the Board or
until resignation removal by the Board. The number of members of
the Committee shall be designated in the Bylaws of the Association.
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$&4tion 12_=_/erminaticn and Amendment of Declaration. This
Declaration shall continue in effect until and unless terminated as
provided in accordance with the provisions of C.R.S. Section 38-
22.3-218 as originally enacted or as subsequently amended by the
Colorado Legislature.
Unless terminated as provided above each and every provision
of this Declaration shall run with and bind the land for a term of
twenty (20) years from the date of recording of this Declaration,
after which time this Declaration shall be automatically extended
for successive periods of ten (10) years each unless terminated by
the vote, by written ballot, members holding at least seventy-five
percent (75%) of the voting power of the members of the Association
at duly constituted meetings of the members. The termination of
this Declaration shall be effective upon the recording of a
Certificate, executed by the President or a Vice-President and the
Secretary or an assistant Secretary of the Association stating that
this Declaration has been terminated by the vote of Members as
provided herein.
,Amendment of Declaration by Declarant, Until the site subject
to. this Declaration has been conveyed by Declarant by Deed recorded
iii the Office of the Clerk and Recorder of Weld County, Colorado,
any of the provisions, covenants, conditions, restrictions and
equitable servitudes contained in this Declaration may be amended
or terminated by Declaration by the recordation of a written
instrument, executed by Declarant, setting forth such amendment or
termination.
Amendment of Declaration by M tubers. Except as otherwise
provided in this Declaration, and subject to provisions elsewhere
contained in this Declaration requiring the consent of Declarant or
others, any provision, covenant, condition, restriction, or
equitable servitude contained in this Declaration may be amended or
repealed at any time and from time to time upon approval of the
amendment or repeal by members of the Association holding at least
seventy-five per cent (75%) of the voting power of the Association
President in person or by proxy at duly constituted meetings of the
members. The approval of any such amendment or repeal shall be
evidenced by the certification by the members to • the Board of
Directors of the Association of the votes of members. The
amendment or repeal shall be effective upon the recordation in the
office of the Clerk and Recorder of Weld County, Colorado, of a
certificate, executed by the President or Vice-President and the
Secretary or an Assistant Secretary of the Association setting
forth the amendment or repeal in full and certifying that the
amendment or repeal has been approved by the members.
Articles and Bylaws. The Articles of Incorporation and
Bylaws may be amended in accordance with the provisions set forth
in such instruments, or in the absence of such provisions, in
accordance with applicable provisions of the Colorado Nonprofit
Corporation Act.
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Severability. Invalidation of any of these covenants or
listrictions by judgment or Court order shall in no way affect or
mit any other provisions which shall remain in full force and
effect.
Waiver. No provision contained in this Declaration shall be
deemed to have been abrogated or waived by reason of any failure to
enforce the same, irrespective of the numbers of violations or
breaches which may occur.
Owner's Right to Examine. Each _Tot owner shall have the right
to examine the books and records of the Association at any
reasonable time.
Conflicts of Provisions. In case of any conflict between this
Declaration, the Articles of Incorporation or Bylaws of the
Association this Declaration, the Articles of Incorporation shall
control.
Recistration by Owner of Mailing Address. Each owner shall
register a mailing address with the Association, and except for
monthly statements and other routine notices, all other notices or
demands intended to be served upon an Owner shall be sent by either
registered or certified mail, postage prepaid, addressed to the
name of the Owner at such registered mailing address. All notices,
demands, or other notices intended to be served upon the Executive
Board of the Association shall be sent by certified mail, postage
prepaid, to the office of the Association at such address is as
identified by the Association in writing to each owner.
IN WITNESS WHEREQL, Declarant has executed this Declaration on
the 11 thDkY of April ,2000. •
Declarant
STATE OF COLORADO ) ridn HegWO
SS
COUNTY OF WELD
The above and foregoing was subscribed and sworn to before me
this 11 th DAY of April ,2000 By:Brian Hegwood
WITNE 't Iffy hand edd 'official tea
l. _� - - •
Note ublic
Hy commis lres:d2/o y o J
0
Approved by record owners as of this 11 day of April
2000.
Affordable Country Homes LLC
BY:
Brian Hegwood
STATE OF COLORADO )
SS
COUNTY OF WELD ) •
The above and foregoing was subscribed and sworn to before me
this 11 th day of . April 12000,by Brian Hegwood
f N:INV.. my hand and official seal.
A, 4/
Notary Pu is �{(/'�-i ,..�
My commission expires: /�2 J9 // Io3
v
25
Preliminary
DRAINAGE PLAN REPORT
For
HEGWOOD PUD
SKETCH PLAN
PREPARED FOR:
Todd Hodges Design, LLC
4119 Granby Court
Fort Collins, Colorado 80526
PREPARED BY:
Boden Engineering, LLC
1311 South Pratt Parkway
Longmont, CO 80501
Phone: (303)651-0300
Fax: (520)222-4456
October 1999
REVISED May 2000
EXHIBIT
ENGINEER'S CERTIFICATION
- I hereby certify that this report for the Preliminary Drainage Design concerning the
Hegwood Property Sketch Plan was prepared by me or under my direct supervision in
accordance with the City of Longmont Storm Drainage Criteria Manual.
_ w e!S9
:eke,
- 3000/
Michael W. Boden
SIONALt = Registered Professional Engineer
State of Colorado No. 30007
TABLE OF CONTENTS
Introduction
Intent 1
Design Reference 1
Existing Drainage Conditions 1
Developed Drainage Conditions 2
Conclusions 2
APPENDIX A
Drainage Calculations
Detention Calculations
Figure 501
Figure 502
Figure 601
Figure 602
Figure 603
Table 601
Historic Drainage Plan— 11 x 17 attached
Drainage Plan(Developed) — 11 x 17 attached
HEGWOOD PROPERTY
SKETCH PLAN DRAINAGE PLAN REPORT
For
TODD HODGES DESIGN, LLC
Introduction
The Hegwood Property is located in the southeast quarter of Section 16, Township 6 North,
Range 64 West, Weld County, Colorado. More specifically,the site is located on the north side of
State Highway 392 and west of Weld County Road 55. The property is bounded on the north by
the center section line, bounded on the west by the center section line, and bounded on the east by
Owl Creek.
The development of this site consists of ultra low-density residential development of 7 developed
lots, 1 agricultural (undeveloped) lot, and a proposed airstrip on roughly 75.3 acres total property
area. Access to the proposed site is from State Highway 392.
Intent
The intent of this report is to provide a drainage study in accordance with Section 10.12 of the'
Weld County Subdivision Ordinance 173-E for the request for Sketch Plan concerning this
_ property. This report is revised from the original report dated October 1999. Revisions have
been made to the configuration of the lots from the previous report.
Design Reference
The City of Longmont Storm Drainage Criteria Manual (Based upon the Boulder County Storm
Drainage Criteria Manual) provides the drainage design criteria for this report. Since all basins
are less than 100 acres in area,the Rational Method was used to calculate storm flows. The values
for runoff coefficients C, and rainfall intensities I, were taken from the City of Longmont Storm
Drainage Criteria Manual for the anticipated future land use. The 2-year and 5-year storm events
were used for calculations involving the minor storm and the 100-year event was used for the
major storm. The required detention pond volume was calculated using the Equation Detention
Method with a release rate equal to the rate of the 5-year historic flow from that portion of the
property being developed.
Existing Drainage Conditions
Historically,this property drains generally from the north west to the south east and is split into 1
on-site drainage basin and 1 off-site drainage basin:The flow from the on site drainage basin
_ sheet flows south east to the to the east and south property lines. The majority of the flows are
collected in Owl Creek via a combination of sheet flows and an existing drain culvert.
Off-site drainage from the west adjacent property is generally collected in a waste irrigation ditch
on the west property boundry which flows south, discharged into the borrow pit on the north side
of State Highway 392, and discharged into Owl Creek. Due to existing topography along the west
boundary of the property, the majority of these flow may never reach the subject property
however, for the purposes of this report, the off site flow will be considered.
Drainage Report— l-IegN i Property
May 2000
Page2of2
a
Developed Drainage Conditions
Drainage from the proposed developed area will be directed from each individual lot to the
proposed access roadway borrow ditch or to graded earth swales at the rear of the lots. These
flows will be directed to a proposed detention pond at the south west corner of the property and
discharged to Owl Creek. Release from the detention facility will be released at the historic 5-
year rate for that portion of the property that will be developed.
Conclusion
The proposed development will not adversely affect the existing drainage patterns surrounding
the site. Developed runoff from the property will be detained in a proposed detention pond and
eleased at the historical 5-year rate of 7.1 cfs maximum.
A copy of the historical drainage plan, proposed drainage plan, and drainage calculations follow
for your review.
APPENDIX A
I I I I I I I I I I I I I I I I I I I
) ) )
Drainage Calculations(Based upon Rational Method)
HEGWOOD PROPERTY(SKETCH PLAN)
Boden Engineering, LLC
Longmont, Colorado .
By: Mike Boden,P.E.
5/28/00
C Intensities Q(cfs)
_
Basin ID I Point I Area(ac.) 2 year I 5 year 1 100 year Flowlength(ft) I Ti I Tt I Tc 2 year I 5 year 1100 year 2 year I 5 year 100 year
HISTORIC
A(2 Year) 75.3 0.05 2751 34 28 62 1.0 ! I 3.8
A(5 Year) 75.3 0.10 2751 35 28 63 1.7 12.8
A(100 Year) 75.3 ` _ 0.40 2751 24 28 52 - 3.2 ! 96.4
OS(2 Year) 10 0.05 700 37 10 47 1.4 0.7
OS(5 Year) 10 0.10 700 35 10 45 j 2.1 I 2.1
OS(100 Year) 10 0.40 700 26 10 36 3.9 L _.I 15.6
DEVELOPED
A T41.6 0.30 0.35 0.60 1394 18 2.2 2.8 5.5 27.5 40.8 137.3—
•
Notes:
1. Ti: Calculated by Figure 601 for first 400 ft.-(Historic Flows Only)
2. Tt: Calculated by L/60V where V(velocity)is obtained from Figure 602 for flowlegth minus first 400 ft. (Historic Flows Only)
3. Tc: Developed-U180+10, Historic-Ti+Tt
4. C: From Table 601
5. I: Intensities from Figure 502(Zone 1)
Assumptions:
Basin A(Historic):Average slope= 1%, Clayey Soil, Minimum Tillage Cultivation,
Basin B(Historic):Average slope= 1%, Clayey Soil, Minimum Tillage Cultivation,
Basin C(Historic):Average slope= 1%, Clayey Soil, Minimum Tillage Cultivation,
CALCULATION SHEET
Detention Calculations
Hegwood Property •
Boden Engineering, LLC
5/28/00
Detention
V=KA Equation 1201 -City of Longmont Storm Drainage Manual
• A= 75.3 Area of Basin(See Drainage Plan)
I= 5% Table 601 &Figure 603(Assume 1/2 unit per acre)
K100= 0.005 Equation 1202-(1.781-0.0021^2-3.56)/1000
K10= 0.003 Equation 1203-(0.951- 1.90)/1000
V100= 17352 cu.ft. 100 Year Storage Volume
V10= 9348 cu.ft 10 Year Storage Volume
V100= 0.3983acft
V10= 0.2146 ac ft
O Max= 7.1 cfs Maximum release based upon the 5 year historic release for the areas of Historic
Basin A being developed(12.8 cfs x(41.6 ac/75.3 ac))
_ BOULDER C NTY
STORM DRAINAGE CRITERIA MANUAL FIGURE 501
RAINFALL ZONES
SCALE
10 5 0 IOMILES
— I
I: 500,000
\
LARIMER o
COUNTY % $—
COUNO
Mg 3 LYON
I- V ALLP LIII 7 L
` o WELD
.: E*.::::::::::::::::::::.
COUNTY
.
M•
GRAND ••• •
COUNTY
26
J
.� _ .� AFAY T
.. ... ....... .. _� ADAMS
II LOUT COUNTY
o
g c$ �.
o GILPIN e
COUNTY JEFFERSON 5
COUNTY
•
WRC ENG. I REFERENCE:
Base map from USGS map for State of Colorado, Rev 1980
_5n9_
csOULDER COUNTY
STORM DRAINAGE CRITERIA MANUAL FIGURE 502
_ _ TIME-INTENSITY-FREQUENCY CURVES ZONE I
110:0 l -=_. _ , - , -_ _-_,..-_77,4:_-_-____---=-4-_ -- _ --
1
-- -r-
-_
}_ __ a I I 1 _ --- - -
I 1 _ 1 =-� ---- -
-
so _I 1 —
_
-
-
_ z _ - I
5.0 w
- _ - j
� _�-
1
_._
• SCE
r:=
- II
-- -
--\---_ _-2--- ._. _ =Y�:_
NM-
-a 0 ---__ _
_ - _- T'IJIE=0F�C0NCE NTRATION• t� MINUTES-? ,
- 1 --,-- -_ _}__- _ l I 1
WRC ENG. REFERENCE: WRC TM-1 NOV. 1983
-510-
BOULDER ``` :' FIGURE 601
STORM DRAlr AGE cnrERaA WANUAL
0��� 4,.,. W .m:. ^ F FLOW
500 an...... •uSu . T _ - _ - j ,0
snuwwuu/ • n•nw�.■ Nr
•wH•/••w•H■• - 1 t
•w••\n•—n• . .-. T
■■.■■■■•■www• - 1 i
goo •wN■N■w■■■ .__. .. n � je. .p
•wnou\\\w - r Ia
\wn/N•w•••N ,-
ouN■•w•/ �► r
•wnuuw\ . . u 1,
I- •H■•■■■■w••n - -w 300 izi
LL. •wN•N■wwn ___. . I
._
Z �w�nunuaN 1.T. ....._ ..r. �I/n•Nw�-
_
z •n\•\N\w•• r T + I t co
M 200 �nNN Nn : _-+ • 40 1...
�M•\��� i l.'. . -.. -S-- C F I 2
1
o. I a
■wn••••w•www -- y.'.'•
100 ■w•N■•■wnn\•% ,Z:Z.- r .....__. __._"-_ - W
30 2
—
•wH••Nw/•M7II• •��I\•NN• I-
••\•/N/\NNIif _ ,
•w■\\\NwM� t - 0-� I t
•w\\•nom !.I! - �" — ,-'-/. I --
iniiiii•wiiii\/Ir ay,--- - - -- wC-ea.lT '
•w•un\wH•.aa .• �.�.,�
■HnuNw■-..JAI••. _•
__. -_-- •nn••��
■w...nrn s•%alrw•�_._ _ �.w■� 0:.95= p
.w.. ...::.-_...- __
•w1 �rwls.w•■. -- 1
•�__.:■••�in• _. ± I l
THE ABOVE CURVE . _- - _ OF THE FOLLOWING EQUATION:
fi , I.8 (ii - '
where: ti = inittci fi-e t-m-_ c,ln '
S = sloe_ o= `.-i
— Cs = ru:,of t : r:° 5 year frequency (Table 601)
L = 1e -
— Notes: I. The . - - , r: v. th the Rational
Me - 02.
2. The et- - E used for
distinces c' 500•,
WRC ENG. (REFERENCE: '1..7z ;_-, Sit-m Drainage Criteria Manual" DRCOG,
Denver, Co!bredo 1969
BOULDER COUNTY I FIGURE 602
STORM DRAINAGE CRITERIA MANUAL
TRAVEL TIME VELOCITY FOR RATIONAL METHOD
- 50
30
3
O
z 20 Ic T.
w r = A.
0 44i
4-CC A.
J
Ill r a. 2y n
a 10 ire �� 3 3
2 . W` �� Jra aI' eo
tila o e t
a J=c e� ve A. y
O 5 Q.
P. y W 3e v
N 4 43 V a 3
a -b V 4v O
— =Wr ? h i co 1/4�
COU) 3 4 oee a 0 e' �`,
M it. Q. i rW rW
O a` O ce
¢ a 2 o Cs' oT
Fw- A. 444, f f
Q 40
,Wo
1 4
.5 A 1
.1 .2 .3 .5 1 2 3 5 10 20
VELOCITY IN FEET PER SECOND
WRC ENG, REFERENCE: "Urban Hydrology For Small Watersheds" Technical
Release No. 55, USDA, SCS Jan. 1975.
B..ULDER COUNTY I FIGURE 803
STORM DRAINAGE CRITERIA MANUAL
RESIDENTIAL HOUSING DENSITY
vs
IMPERVIOUS AREA
60
TEST AREA LOCATIONS
0
0 ARAPAHOE COUNTY •••• r
0 LITTLETON /
40
O
C
Z 30
0
> 20
cc
a 0
2
10
LOW DENSITY MEDIUM DENSITY
0
0 1 2 3 4 5
HOUSING DENSITY-UNITS PER ACRE
WRC ENG. REFERENCE: USDCM, DRCOG Revised 6-1-84
4fi s
LiULDER COUNTY
- STORM DRAINAGE CRITERIA MANUAL I TABLE 8O1
-
RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS
RUNOFF COEFFICIENTS
LAND USE OR PERCENT FREQUENCY
SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100
Business:
Commercial Areas 45 .87 .87 .88 .89
Neighborhood Areas 70 .60 .65 .70 .80
Residential :
Single-Family Figure-603 .40 .45 .50 .60
— Multi-Unit (detached) 50 .45 .50 .60 .70
Multi-Unit (attached) 70 .60 .65 .70 .80
1/2 Acre Lot or Larger Figure-603 .30 .35 .40 .60
Apartments 70 .65 .70 .70 .80
Industrial :
Light Areas 80 .71 .72 .76 .82
— Heavy Areas 90 .80 .80 .85 .90
Parks, Cemetaries 7 . 10 . 10 .35 .60
Playgrounds 13 .15 .25 .35 .65
Schools 50 .45 .50 .60 .70
Railroad Yard Areas 40 .40 .45 .50 .60
— UndeveloEed Areas:
Historic Flow Analysis 2 (see "Lawns")
Greenbelts,. Agricultural
—
Offsite Flow Analysis 45 .43 .47 .55 .65
(when land use not defined)
Streets:
Paved 100 .87 .88 .90 .93
Gravel 13 .15 .25 .35 .65
Drives and Walks 96 .87 .87 .88 .89
Roofs 90 .80 .85 .90 .90
Lawns , Sandy Soil 0 .00 .01 .05 .20
—
Lawns, Clayey Soil 0 .05 .10 .20 .40
— NOTE: The Rational Formula coefficients do not apply for larger basins where
the time-of-concentration exceeds 60 minutes.
WRC ENG. REFERENCE: USDCM DRCOG Rev. May 1, 1984
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