HomeMy WebLinkAbout20013076.tiff BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
October 31, 2001
Application for Change of Zone,#557
by Colorado Elk Ranch, L.L.L.P.
Applicant's Response to Planning Staff and Planning Commission Concerns
regarding Standards and Conditions for Approval [Weld County Code Sec. 27-6-
120(D)(5)[
Consistency with Intergovernmental Agreements, Sec. 27-6-120(D)(5)(a)
STAFF: Staff stated that the site is not within (i) a county recognized Urban Growth
Boundary or(ii) an approved intergovernmental agreement urban growth boundary and,
therefore, its conversion from agricultural land to urban-scale residential development
should be discouraged.
PLANNING COMMISSION: Minutes of the hearing indicate that there was confusion
about the Town of Ault's intentions for this property, thus a reluctance to approve a
rezoning that might be inconsistent with the Town's plans.
RESPONSE: The following evidence, which was not available for Planning Commission
consideration, clearly indicates the Town's intent that this property develop at the
proposed density in the Town's UGA.
See Tab 1:
Ault's Land Use and Development Plan Map, completed June, 1999
Ault's Urban Growth Boundaries, finalized February, 2001
Ault's Coordinated Planning Agreement, approved by Ault August 14, 2001
Letter from Mayor Stanley D. Cass,June 28, 2001
Consistency with Weld County Comprehensive Plan, Sec. 27-6-120(D)(5)(a)
STAFF: Staff suggests that this property is "prime" farmland and should be preserved
pursuant to A. Goal 1.
RESPONSE: The property is expensive to farm, is not highly productive and does not
allow the farmer to make an adequate living. Continued farming of the entire property
does not promote economic health, which is the objective of A. Goal 1.
EXHIBIT
1 NI
2001-3076
CDz.4557
See Tab 2:
Letter from tenant farmers, Gary Boxberger and Bruce Griffith, Sept. 21, 2001
Compatibility with Existing or Future Development, Sec. 27-6-120@)(5)(c)
STAFF: Staff stated that the residential uses are not compatible with the adjacent
agricultural uses or the feedlot.
PLANNING COMMISSION: Some Planning Commission members stated general
concerns about compatibility.
RESPONSE: The feed lot is a relatively small operation, hidden from view, with no
discernable animal odor. The building sites in the development are on large lots buffered
from the agricultural uses by common open space areas and setbacks (see Site Plan
attached). Nonetheless, notice of the potential impacts of agricultural uses, including feed
lots, will be given to purchasers prior to a sale, and as a part of the sales contract and the
covenants for the property. Several of the adjacent neighbors find no conflict between
residential uses and the existing agricultural uses. For added assurance, the covenants
architectural guidelines, maintenance obligations for both the Homeowners Association
and the lot owners, and restrictions regarding trash procedures, pets, temporary structures
and vehicle storage. Development in accordance with Ault's plans for its Urban Growth
Area also indicates compatibility with future development.
See Tab 3:
Site Plan
Feed lot map and data
Photograph - view of feed lot from property
Evaluation of odor emissions, MFG, Inc., Sept. 20,2001
Neighborhood petition in support
Petition of Ault businesses in support
Excerpts from the Notice to Prospective Purchasers, Addendum to Purchase
Contract and Declaration of Covenants, Conditions and Restrictions
See also Tab 2:
Letter from tenant farmers, Gary Boxberger and Bruce Griffith, Sept. 21,
2001
Water and Sewer in Compliance with Performance Standards, Sec. 27-6-120(D)(5)(d)
Sec. 27-2-176 Performance Standard for Sewer
PLANNING COMMISSION: Minutes of the hearing indicate concern that there be a
Homeowners' Association to manage the individual septic systems.
RESPONSE: The applicant has always intended to form a Homeowners Association with
these duties. The formation documents have now been prepared, together with a
Declaration of Covenants, Conditions and Restrictions which requires the Homeowners
Association to manage the installation, inspection, service, maintenance and replacement,
if necessary, of each septic system and prevents landscaping and construction in the
septic envelopes. The management duties of the Homeowners Association will be funded
by assessments against the lots, with enforcement rights granted to Weld County. Notice
of the covenant provisions shall be given to all purchasers. In addition, the Department of
Public Health and Environment approved the project's density, lot sizes and percolation
test results and recommends approval of individual septic systems with primary and
secondary septic envelopes, subject to standards conditions that have been accepted by
the applicant.
See Tab 4:
Memorandum from Department of Public Health and Environment, May 25,2001
Letter from Davis, Miller& Wohnrade Civil Engineers, Inc., October 17, 2001
See also Tab 3:
Excerpts from the Notice to Prospective Purchasers, Addendum to Purchase
Contract and Declaration of Covenants, Conditions and Restrictions
Sec. 27-2-210 Performance Standard for Water
STAFF: At the time of the Planning Commission hearing, the Division of Water
Resources had not yet responded to the County referral.
RESPONSE: The Department of Public Health and Environment states that the
application has satisfied the Weld County Code in regard to water service. The North
Weld County Water District has committed to provide water service and has entered into
a Water Service Agreement with the applicant. The Division of Water Resources has
responded to the County referral. The applicant is not aware of any outstanding concerns.
See Tab 4:
Memorandum from Department of Public Health and Environment, May 25, 2001
Water Service Agreement, May 29, 2001
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Adequacy of Street and Highway Facilities, Sec. 27-6-120(D)(5)(e)(f)
Streets
STAFF: Planning Services requested that the applicant construct curb, gutter and sidewalks.
PLANNING COMMISSION: One Planning Commission member stated that urban-scale
development needs to have urban-scale services.
RESPONSE: Performance Standards for the PUD Zoning District do not contain requirements
for curb, gutter or sidewalks, nor has the County required these improvements in recently
approved similar residential developments (e.g. Soaring Eagle Ranch and Moriah Estates).
Ault has reviewed the plans and has not requested curbs, gutters or sidewalks. The
Homeowner's Association will be responsible for the maintenance of all internal streets. The
applicant believes that such "urban-style" improvements would detract from the development's
rural character, which makes it an ideal transition between the urban uses in Ault and the
agricultural uses in the County.
See Tab 3:
Excerpts from Declaration of Covenants, Conditions and Restrictions
Highways
STAFF: While there was no discussion by the Planning Commission, the Department of Public
Works requested consideration of a left turn bay on State Highway 14 to Weld County Road 37
and a CDOT access permit for its installation.
RESPONSE: The Traffic Impact Study concluded that all intersections will operate at a Level
of Service "A" with no improvements to the existing roadways, both in the short term (2005)
and long term (2020) future. The Ault Town Board accepted the conclusions of the study.
CDOT concurs with all assumptions, procedures and conclusions of the study. Weld County
Engineering Manager, Drew Scheltinga, has agreed to remove any condition regarding
construction of a turn lane.
See Tab 5:
Excerpts from Traffic Impact Study,July 31, 2000
Letter from CDOT,June 18, 2001
Memorandum from Drew Scheltinga, Engineering Manager, October 26, 2001
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Other Items — Cross Cut Lateral
PLANNING COMMISSION: Two Planning Commission members asked questions about the
lateral, one regarding child safety and one regarding how to prevent the collection of debris.
RESPONSE: The City of Thornton has requested no planting near the ditch, maintenance and
cleaning of the grate, and that notice regarding agricultural activities be given. The applicant
has committed to implement all requests of the City of Thornton.
See Tab 6:
Photograph -view of cross cut lateral on property
Letter from Farm Operations Coordinator, City of Thornton,July 3, 2001
Letter from applicant, August 23, 2001
See also Tab 3:
Excerpts from the Notice to Prospective Purchasers, Addendum to Purchase
Contract and Declaration of Covenants, Conditions and Restrictions
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II. Applicant's Statements of Compliance with remaining Standards and Conditions for
Approval [Weld County Code Sec. 27-6-120(D)(5)]
Consistency with Weld County Comprehensive Plan, Sec. 27-6-120(D)(5)(a)
The applicant believes that numerous applicable goals and policies of the Comprehensive Plan
support approval of this proposal.
See Tab 7:
Statement of Compliance with Comprehensive Plan Goals and Policies
Conformance with Performance Standards, Sec. 27-6-120(D)(5)(b)
This project complies with all applicable Performance Standards for the PUD Zoning District
in Chapter 27, Article II of the Code.
Overlay Districts, Commercial Mineral Deposits, Soil Conditions, Sec. 27-6-120(D)(5)(g)
The property is not within a Flood Hazard or Geologic Hazard Overlay Zoning District, does
not have commercial mineral deposits or, soil conditions that present moderate or severe
limitations for the construction of homes [See Sec. 23-2-40(B)(5)].
Consistency of Zone, Uses and Project Description, Sec. 27-6-120(D)(5)(h)
The applicant is requesting a change of zone to the PUD District to allow its development as
low density, estate-type residential lots surrounded by open space for hay production and
recreational use by the residents. The PUD District allows the flexibility necessary for creation
of the plan's unique layout and design. The proposed uses are particularly appropriate at the
edge of Ault's Urban Growth Boundary and the design, which achieves a rural feel and
character, aids in the transition between the urban style and density of the Town and the
agricultural uses in the County. The applicant is providing adequate and economical public
and private services in compliance with the PUD District Performance Standards, and has
complied with the intent of Ault's Development Plan Update and the County's Comprehensive
Plan.
See Tab 8:
Conceptual Development Guide, updated September, 2001
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-1 LAND USE SUMMARYEstate I
Residential I ESTATE RESIDENTIAL 910 AC
Estate Up to 1 unit per acre,gross density
Residential Open
Space I Low DENSITY RESIDENTIAL 525 AC
o Industrial `�
Up to 3 units per acre,gross density
on `'N J MEDIUM DENSITY RESIDENTIAL 130 AC
ul
Up to 5 units per acre,gross density
Estate HIGH DENSITY RESIDENTIAL 15 AC
Residential Up to 10 units per acre, gross density
Low Density COMMERCIAL 21.0 AC
Residential
Office, Retail,and Highway Oriented Development
Medium INDUSTRIAL 160 AC
Density Low Density Agriculture,Industrial,and Warehouse Development
Residential Residential
PUBLIC 70 AC
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edi tmr Public COMM ,r Highway 14 1 I�GHT OF WAYS 110 AC
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7-26-01
COORDINATED PLANNING AGREEMENT
This Coordinated Planning Agreement is made and entered into effective as of the_day
of, , 2001, A.D., between the County of Weld, State of Colorado, whose address is
915 10th Street, P. O. Box 758, Greeley, CO 80632, hereinafter called the "COUNTY," and the
TOWN OF AULT, a Colorado Municipal corporation, whose address is 201 1" Street, P.O. Box
1098, Ault, CO 80610, hereinafter called the "MUNICIPALITY."
RECITALS
A. The COUNTY exercises governmental authority regulating land use, growth and
development in its unincorporated areas, which areas include lands surrounding the
MUNICIPALITY; and
B. The MUNICIPALITY exercises governmental authority overthe same matters within
its municipal boundaries, and annexations, and is able to provide municipal services and facilities
for efficient and desirable urban development; and
C. In Title 29,Article 20, Colorado Revised Statutes,the General Assembly of the State
of Colorado has granted broad authority to local governments to plan for and regulate the
development and use of land within their respective jurisdictions; and
D. In said Title 29, Article 20, Colorado Revised Statutes, the General Assembly has
further authorized and encouraged local governments to cooperate and contract with each other
for the purpose of planning and regulating the development of land by the joint and coordinated
exercise of planning, zoning, subdivisions, building, and related regulatory powers; and
E. Existing and anticipated pressures for growth and development in areas surrounding
the MUNICIPALITY indicate that the joint and coordinated exercise by the COUNTY and the
MUNICIPALITY of their respective planning, zoning, subdivision, building and related regulatory
powers in such areas will best promote the objectives stated in this agreement.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein set forth, the parties agree as follows:
1. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will move toward greater coordination in
the exercise of their land use and related regulatory powers within unincorporated areas
surrounding the MUNICIPALITY. The objectives of such efforts are to accomplish the type of
development in such areas which best protects the health, safety, prosperity, and general welfare
of the inhabitants thereof by reducing the waste of physical, financial, and human resources which
result from either excessive congestion or excessive scattering of population, and to achieve
maximum efficiency and economy in the process of development. However, any action taken
pursuant to this Agreement that pertains to any land within the municipality,for incorporated areas,
and within the County, for unincorporated areas, is subject to final approval by the governing body
of the municipality or county, respectively.
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2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
2.1 Development. Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an amendment
to a plat or a down-zoning, neither of which creates any additional lots and except for a
Recorded Exemption or Subdivision Exemption. Existing agricultural uses,which are lawful
uses, either as uses by right under the Weld County Zoning Ordinance, as amended, or
as legally existing non-conforming uses, are also exempt from the definition of
"Development".
2.2 Non-Urban Development. Developments comprised of nine (9) or fewer
residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County
Code, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth
corridors. Non-Urban Development shall also include land used or capable of being used
for agricultural purposes and including development which combine clustered residential
uses and agricultural uses in a manner that the agricultural lands are suitable for farming
and ranching operations for the next forty (40) Years. Non-Urban Development on public
water and septic systems may have a minimum lot size of one(1) acre and an overall gross
density of two and one-half (2%) acres per septic system. Non-Urban Development
proposing individual, private wells and septic systems shall have a minimum lot size of two
and one-half (21/2) acres per lot.
2.3 MUNICIPAL Referral Area. The area located outside of but within three
miles of the MUNICIPALITY's municipal boundaries.
2.4 Urban Development. Developments exceeding nine(9)lots and/or located
in close proximity to existing PUD's, subdivisions, municipal boundaries or urban growth
corridors and boundaries. All Urban Development shall pave the internal road systems of
the developments. Urban Development requires services such as central water, sewer
systems (including permitted septic systems), road networks, park and recreation facilities
and programs, and storm drainage.
2.5 The Urban Growth Area is hereby established and shall consist of all lands
so designated on the map attached hereto and referred to herein as "Exhibit A,"
EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries.
3. PLANNING COORDINATION. This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to C.R.S. § 29-20-105(2).
Following the execution of this Agreement by both parties, COUNTY Development approvals in
the MUNICIPALITY's Referral area will be processed and determined in accordance with the
following:
3.1 Referral. The COUNTY will refer all proposals for Development within the
MUNICIPAL Referral Area to the MUNICIPALITY for its review and recommendation. Such
referral will include at least a copy of the written Development proposal and preliminary
COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one(21)
days for the MUNICIPALITY to review same and furnish its recommendations to COUNTY
staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does
1
not respond within such time,COUNTY staff may proceed with its recommendation, but any
MUNICIPALITY comment or recommendation received on or before the Thursday next
preceding the meeting of the Board of County Commissioners or Planning Commission at
which the matter will be considered will be transmitted to the Board or Commission. If the
MUNICIPALITY submits no comment or recommendation the COUNTY may assume it has
no objection to the proposal. If the MUNICIPALITY submits recommendations, the
COUNTY will either include within its written decision the reasons for any action taken
contrary to the same or furnish such reasons to the MUNICIPALITY by a separate writing.
3.2 Development Outside Urban Growth Area. To the extent legally possible
the COUNTY will disapprove proposals for Urban Development in areas of the MUNICIPAL
Referral Area outside the Urban Growth Area. In reviewing proposals for Non-Urban
Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning
and subdivision ordinances, and, where appropriate, the MUD Plan.
3.3 Development in Urban Growth Area. The following shall apply to
proposed Development in the Urban Growth Area:
(a) Upon receipt of any proposal for Development of property then
currently eligible for voluntary annexation to the MUNICIPALITY, the COUNTY will,
in writing, notify the proponent of the opportunity for annexation and notify the
MUNICIPALITY of the proposal. The COUNTY will not consider such proposal for
Development unless the applicant or its predecessor has submitted a complete
annexation petition and been denied said annexation by the MUNICIPALITY Board
or electorate for a substantially similar development on the same property within the
preceding 12 months. The COUNTY may consider such a proposal if, after a period
of seven months from the date of filing of a complete annexation petition pursued
in good faith by the applicant or its predecessor, the MUNICIPALITY has failed to
approve or deny such annexation.
(b) The MUNICIPALITY will consider the extension of sanitary sewer
service to property in the Urban Growth Area, subject to its rules and regulations,
which include provisions requiring a written contract for extraterritorial service and
the construction of new mains and other facilities necessary to serve the property
with costs assessed in accordance with the MUNICIPALITY'S rules and regulations.
MUNICIPALITY agrees to give notice of any proposed change in said rules and
regulations to COUNTY 21 days prior to adoption.
(c) If the MUNICIPALITY provides municipal water service to property
within its boundaries, it will provide water subject to its current rules and regulations.
MUNICIPALITY agrees to give notice of any proposed change in said rules and
regulations to COUNTY 21 days prior to adoption. Where water furnished by the
MUNICIPALITY is received in whole or in part from an outside water provider such
as a water district under a Water Service Agreement dated June 25, 2001, the
MUNICIPALITY shall exercise its obligations under this agreement consistent with
the terms of the Water Service Agreement. The MUNICIPALITY will negotiate in
good faith with the water provider to explore ways in which the extension of water
service outside MUNICIPALITY boundaries can be coordinated so as to achieve the
purposes stated in Section 1 above while still recognizing the rights and obligations
of the water provider and its constituents.
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(d) In recognition of the availability of public water within the Urban
Growth Area as indicated in paragraph (c) above, the COUNTY will require public
water as a condition of approval of any subdivision, rezoning or planned unit
development and will not approve such Development until the applicant obtains a
written contract for same with the MUNICIPALITY,orwater service from North Weld
County Water District, if the MUNICIPALITY cannot provide water. This Agreement
shall be prima fade evidence of the availability of municipal water within the
meaning of§32-1-203(2.5)(a), C.R.S.
(e) The COUNTY will not grant any waiver of current Municipal street
standards for any Development without the consent of the MUNICIPALITY and will
consider identifiable impacts on the MUNICIPALITY'S road system resulting from
such Development on the same basis as in-COUNTY impacts.
(f) To the extent legally possible, as determined by the COUNTY, the
COUNTY will deny proposals for Non-Urban Development in the Urban Growth
Area. Nothing in this subsection shall restrict the COUNTY from approving the
division of ownership parcels located in the Urban Growth Area having residential
improvements served by septic systems, regardless of the size of resulting lots.
Furthermore, the County shall not be restricted from allowing the expansion of
legally existing non-urban uses provided adequate protection for future urban uses
is included in any such approval.
(g) If any MUNICIPALITY recommendation of disapproval of a
Development proposal is based upon a conflict or incompatibility between proposed
uses in the Development and anticipated MUNICIPALITY zoning classification for
the property,the COUNTY will not approve same unless the applicant demonstrates
(i) that no such conflict or incompatibility will reasonably occur, (ii) that suitable
mitigation measures to be imposed by the COUNTY as conditions of approval will
eliminate or adequately mitigate adverse consequences of incompatibility or conflict,
or(iii) that the MUNICIPALITY'S anticipated zoning classification of the property is
unreasonable because of existing or planned uses of adjacent property. The
MUNICIPALITY shall be given notice of, and may appear and be heard at any
hearing or other proceeding at which the COUNTY will consider such issues.
(h) The parties anticipate that ¶ 3.3 (e)-(g) will be addressed in more
detail if a Mutually Acceptable Plan is considered and adopted for the UGA or the
referral Area.
(i) The COUNTY shall require that all storm water detention facilities
in subdivisions approved within the UGA shall be designed to detain the storm water
runoff from the fully developed subdivision from a 100-year storm and release the
detained water at a quantity and rate not to exceed the quantity and rate of a 5-year
storm falling on the undeveloped site.
3.4 Mutuality of Impact Consideration. The parties recognize that decisions
by one party regarding development may impact property outside of each particular
jurisdiction. The parties agree that those jurisdictional boundaries will not be the basis for
giving any greater or lesser weight to those impacts during the course of deliberations.
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3.5 Referrals to County. The MUNICIPALITY will refer proposals for
Development which lie within 500 feet of any property in unincorporated Weld County to the
COUNTY for its review and recommendation. Such referral will include at least a copy of
the written Development proposal. The MUNICIPALITY will allow not less than twenty-one
(21) days for the COUNTY to review same and furnish its recommendations to
MUNICIPALITY. If the COUNTY submits no comment or recommendation the
MUNICIPALITY may assume it has no objection to the proposal. If the COUNTY submits
recommendations, the MUNICIPALITY will either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the COUNTY
by a separate writing. Where the DEVELOPMENT is proposed as part of an annexation of
more than 10 acres, the provisions of this section shall be deemed satisfied by compliance
by the MUNICIPALITY with the Notice and impact statement provisions of the most current
version of the Municipal Annexation Act then in effect. If any COUNTY recommendation of
disapproval of a Development proposal within 500 feet of any property in unincorporated
Weld County is based upon a conflict or incompatibility between proposed uses in the
Development and existing or anticipated zoning classification for the property, to the extent
legally possible the MUNICIPALITY will not approve same unless the applicant
demonstrates (i) that no such conflict or incompatibility will reasonably occur, or (HO that
suitable mitigation measures to be imposed by the MUNICIPALITY as conditions of
approval will eliminate or adequately mitigate adverse consequences of incompatibility or
conflict. The COUNTY shall be given notice of, and may appear and be heard at any
hearing or other proceeding at which the MUNICIPALITY will consider such issues.
4. ANNEXATION.
4.1 The MUNICIPALITY will give serious consideration to all petitions for
annexation of lands within the Urban Growth Area and will consider, in any determination
to annex such properties, without limitation, the following factors: (i)the extension of one
or more municipal services to the area would place an unreasonable economic burden on
the existing users of such services or upon the future residents or owners of property in the
area itself; (ii)the area is not reasonably contiguous in fact to the MUNICIPALITY's existing
boundaries, and its annexation would result in disconnected municipal satellites.
4.2 The MUNICIPALITY will not annex properties located outside the Urban
Growth Area unless such property is both eligible for annexation and is necessary to the
MUNICIPALITY for municipal purposes such as utilities.
4.3 To the extent legally possible the MUNICIPALITY will annex the full width of
each COUNTY road right of way contiguous to newly annexed property unless such road
serves primarily COUNTY properties rather than existing or newly annexed Municipal
properties, in which case the MUNICIPALITY will annex none of such COUNTY road right
of way.
4.4 Notwithstanding any provision hereof to the contrary,the MUNICIPALITY is
not obligated to annex any property within a Development approved by the County after
the execution of this Agreement by both parties which does not conform to the County
Urban Growth Standards, unless a waiver or modification of such standards was granted
by the COUNTY and approved by the MUNICIPALITY.
5
•
4.5 Nothing in this Section 4 shall be construed to limit the MUNICIPALITY from
annexing any land within the Urban Growth Area, regardless whether such annexations are
involuntary or result in disconnected municipal satellites.
4.6 In determining off-site improvements to be constructed by proponents of
in-MUNICIPALITY Development, the MUNICIPALITY will consider identifiable impacts on
the COUNTY road system resulting from such Development on the same basis as in-
MUNICIPALITY impacts.
5. IMPLEMENTATION OF AGREEMENT. Following the mutual execution of this
Agreement each party will promptly enact and implement such amendments to its existing
regulations as may be necessary to give effect to the provisions of Sections 3, and 4. Each party
shall have sole and exclusive discretion to determine such measures and any new ones enabling
it to perform this Agreement. Each party's land use regulations as referred to herein are
ordinances whose amendment requires certain formalities, including notice and public hearings.
The mutual covenants in this section and elsewhere to implement this Agreement promptly are
given and received with mutual recognition and understanding of the legislative processes involved,
and such covenants will be liberally construed in light thereof.
6. MISCELLANEOUS PROVISIONS.
6.1 Severability. Should any one or more sections or paragraphs of this
Agreement be judicially determined invalid or unenforceable,such judgment shall not affect,
impair or invalidate the remaining provisions of this Agreement,the intention being that the
various sections and paragraphs are severable; provided, however, that the parties shall
then review the remaining provisions to determine if the Agreement should continue, as
modified, or if the Agreement should be terminated.
6.2 Enforcement Either party may seek specific performance or enforcement
of this Agreement in a Court of competent jurisdiction, but neither party shall have any claim
or remedy for damages arising from an alleged breach hereof against the other, nor shall
this agreement confer on either part standing to contest a land use decision or action of the
other except as a breach of this agreement. This agreement is not intended to modify the
standing the parties may possess independent of this agreement. This Agreement is
between the MUNICIPALITY and the COUNTY and no third party rights or beneficiaries
exist or are created hereby.
6.3 Termination. This Agreement will continue in effect until June 30, 2003.
The parties shall review the Agreement in June, 2003, and in June of each succeeding
year to determine if the Agreement should continue in effect for the period of a year
thereafter. The parties may terminate this Agreement at any time if a mutually acceptable
Comprehensive Land Use Plan for the MUNICIPALITY referral area or growth area is
developed and implemented by both parties
6.4 Amendment Upon the request of either party, this Agreement shall
be subject to amendment according to the same procedures as the original adoption
(requiring the written consent of the amendment by both parties); provided, however, that
changes in the Urban Growth Area defined in ¶2.5 herein may occur by resolution of the
MUNICIPALITY concurred in by the COUNTY when the change is a deletion to the UGA
or an addition of property which (a) was in common ownership and contained within a
common legal description with property previously included in the UGA; or (b) directly
6
•
adjacent to and contiguous with property previously contained within the UGA and capable
of being served by MUNICIPAL services, including water or sewer, within a reasonable
period of time.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first above written.
COUNTY OF WELD, by and through the
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By:
, Chair
ATTEST:
Weld County Clerk to the Board By:
, Pro Tern
By:
Deputy Clerk to the Board By:
By:
By:
.ik\ TOWN OF AULT, COLORADO
.O:01N OE '
SEALStan C ss, Ma or
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AO
Bv: /niacin-4 ,c�,.S L, •
Patricia Lesh, Town Clerk
7
•
EXHIBIT B
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TOWN OF AULT N
URBAN GROWfi1 BOUNDARIES AND MUNICIPAL REFERRAL AREA
NTS
1 Frtrt SbeH G O Bu 109! O,iC. 2121/01
TOWN Of AULT URBAN GROWTH BOUNDARIES tP& °'a""' ° ` °"°" `i/
Ault CO 806 10 2a....----..—,....a,7_,
ANO MUNICIPAL REFERRAL AREA ,a,..
Town of
AULT
201 First Street • P.O. Box 1098 •Ault, Colorado 80610 • (970) 834-2844 • Fax (970) 834-2199
June 28, 2001
Weld County Department of Planning Services
Attn: Mr. Chris Gathman
1555 N. 17th Avenue
Greeley, CO 80631
Ref: Case No. Z-557
Dear Mr. Gathman:
Even though the Town of Ault has previously stated our views on the Weld County
Referral for Mikal Torgerson, I do want to clarify one other point regarding zoning of the
area in question. When we updated our Comprehensive Plan in 1999, we identified that
area specifically to be most suited for"Estate-sized" residential dwellings/lots. We made
this distinction because of the topography situation making city sewer service
impractical. Our position on this point has not changed.
Sincerely,
‘ �'C.
Stanley D. Cat
Mayor
cc: Mikal Torgerson
AUnique Little Town
September 21, 2001
To Weld County Commissioners:
We have a farm lease on the Stark Farm with Ric Hansen. This last summer, 2001, we
found the property to be very difficult and expensive to farm. The ground soaks up the
water so fast that it is very difficult and costly to flood irrigate. We lease many farms for
growing hay and this is the least profitable farm we lease. We do not consider the Stark
Farm to be good farm ground.
We were on the farm irrigating most mornings and evenings, all summer long, and did
not notice a smell from animals in the feedlot.
^q /� 0 R
\ Q Bruce Griffith
Gary Bo rger
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.
I
WELD COUNTY SUBDIVISIONS WITH NEARBY CATTLE OPERATIONS
CATTLE
DEVELOPMENT STATUS OF ALLOWED NUMBER
NAME APPROVAL OPERATIONS OF ANIMALS ACREAGE
IN VICINITY
Change of zone from 4,000
Stark Farm A to PUD for 90 acres USR-744 12
pending (Approved 7/30/86)
Change of zone from
Soaring Eagle Ranch A to PUD for 382 Cactus Hill 100,000 170
acres approved
5/10/00
Dairy 2,000 240
Belmont Farms Under construction
SUP-136 17,500 73
Casa Loma Under construction
Mountain View 20,000 80
C e
View of USR 744 feed lot, looking
NE from rear lot line of nearest lot
(approx. 600 feet SW of
intersection)
�1. f
-: . sue'
_ K u
!}
M MFG. Inc.
4900 Pearl Eosi Circle
Suite 300W
Boulder, CO 80301-6118
303/447-1823
Fox: 303/447-1836
G
consulting
scientists and
engineers
September 20, 2001
Mr. Ric Hansen
P.O. Box 158
Timnath, CO 80547
Re: Weld County Odor Evaluation
Dear Mr. Hansen:
Pursuant to your request MFG, Inc. has evaluated odor emissions near an animal
feeding operation located in Weld County, Colorado near the town of Ault.
Various techniques for odor measurement include the human nose and a
scentometer. Odor must be detectable by the human nose to warrant the use of a
scentometer. The Colorado Air Pollution Control Division and County Health
Departments typically designate the Barnebey—Sutcliffe Scentometer for the
determination of the intensity of an odor. As described by the Barnebey& Sutcliffe Co.,
the scentometer is used to determine the order of magnitude intensity of an odorant in air.
It is essentially a rectangular, clear plastic box containing two chambers of activated
carbon, two nasal ports for sniffing, two %2" diameter air inlets (one for each activated
carbon bed), and six odorous-air inlets covering a range of diameters. The odorous-air
inlet hole used to produce the dilution indicates the approximate concentration of the
field odor.
Mr. Jim Kienholz of MFG, Inc. conducted the evaluation. Mr. Kienholz has a
B.S. in civil engineering from Colorado State University and has previously been
certified by the Colorado Department of Public Health and Environment to determine and
grade odor emissions in accordance with Regulation No. 2 of the Colorado Air Pollution
Control Commission.
On the morning of September 13, 2001 at 9:15 AM, Mr. Kienholz accompanied
by Mr. Hansen evaluated the odor emission from an animal feeding operation. The odor
assessment was conducted northeast of Ault, Colorado at the location of a development
currently being proposed by Mr. Hansen. A cattle feedlot is situated in the northeast
quadrant of the intersection of County Road 37 and County Road 84, while Mr. Hansen's
property is located in the southwest quadrant. According to Mr. Hansen, the feedlot is
California • Colorado . Idaho • Massachusetts • Montano . New Jersey • PennsvIs only • Texas . Washington
Mr. Ric Hansen
September 20,2001
Page 2
permitted for 4,000 cattle (4,000 animal units). Approximately 90 percent of the
available pen space was occupied but the actual head of cattle was not estimated. The
first odor measurement location was conducted at the road intersection. Winds were
generally calm but an occasional gentle breeze from the southeast was measured at an
average speed of 1 mile per hour. The temperature was 71 degrees Fahrenheit. The nose
did not detect any odor emissions from the cattle. However, a mild odor from silage was
discernable. Two other odor measurements were attempted at locations near the north
end of the feedlot along County Road 37 and near the east end of the feedlot along
County Road 84. The nose did not detect an odor emission at either location; therefore,
the scentometer was not required.
If you have any questions or if we can provide any additional services, please
contact me at your convenience at 303-447-1823.
Respectfully,
MFG, Inc.
Jim Kienholz
Project Manager
SEP-20-01 THU 03:10 PM FP.X NO. P. J7
September 20, 2001
Board of County Commissioners
Weld County, Colorado
Re: Stark Farm PUD
Dear Commissioners:
At the hearing next week, please consider the opinions of the neighboring
property owners and residents signing below. Ric Hansen has explained his
plans to us and we have no objections. The project seems to be well
thought out. Certainly, the landscaping and seeding Mr. Hansen plans to do
will prevent some blowing dust and dirt if maintained by a Homeowner's
Association.
Mr. Hansen's plans appear to be right in line with the Town of Ault's plans
for this area to be residential development.
f�A NUS t(t,P / 7f g&• Cvcre R7 %/f a/0
3/l5:a I kr R (AZ( �
o
0(11 . _ /98'3 C 46 81 (LW.
�C� - 9)423 2 c-a-2 31 & &acs
SEP-20-01 THU 0d:10 P11 min ,Yu. r. JO
•
September 20, 2001
TO: WELT)COUNTY COMMISSIONERS
The undersigned business owners and operators in Ault, Colorado, would like to express their
support for the Stark Farm rezoning. Residential development is appropriate for this property
because of its closeness to the Town and it's being in the urban growth area for Ault. Also, new
homes and families can only strengthen the local economy by increasing the customer base for
personal services and shopping and generating the need for additional commercial and business
development.
SIGNATU `S: BUSINESS NAME AND ADDRESS:
K- 25 CC t..91 tg►JC6
WI i1UJ ( `6 S, ftut r
z\drngti ,42,-71:37.1f/c„,, ,,„20//
fif,,,,, _�
/t.: U L�.-,-e ,7-n G At
2/5 /sf 51— a /EA—
A e ztT A e.--L-50�
1,0 /-.>r z+ eyt uti�
/
. i 7://:
c)
-92:4744/1-e1/5 &Q-74( -
_____ 1 3 io„,-, r co
5
September 20, 2001
TO: WELD COUNTY COMMISSIONERS
The undersigned business owners and operators in Ault, Colorado,would like to express their
support for the Stan(Farm rezoning. Residential development is appropriate for this property
because of its closeness to the Town and it's being in the urban growth area for Ault. Also, new
homes and families can only strengthen the local economy by increasing the customer base for
personal services and shopping and generating the need for additional commercial and business
development.
SIGNATURES: BUSINESS NAME AND ADDRESS:
act isr 7 /4
(u04 ) 7a , c7)
z nOM S K / / e/p L-r'in.m
/R i� Sr 4J., A-7 CO
/OG r sG' sit lug-- Co -
__. \TohA.( 411 el Cr 141-
r 7"- 19ca (4) C
JR(s lgk *' 7 s
a 413 rS
•
e
Zooz
a i a 7L1Gu y 2 Se
/*Alm}, -oj�i, - &UM)
Ifgc / 6#. wlit -
SEP-20-31 THU 33: 10 an =. yC, °, 3e
•
September 20, 2001
TO: WELD COUNTY COMMISSIONERS
The undersigned business owners and operators in Ault, Colorado, would like to express their
support for the Stark Farm rezoning. Residential development is appropriate for this property
because of its closeness to the Town and it's being in the urban growth area for kilt. Also, new
homes and families can only strengthen the local economy by increasing the customer base for
personal services and shopping and generating the need for additional commercial and business
development.
SIGNATURES: BUSINESS NAME AND ADDRESS:
2;_tid41--ear• rivi.its' ,v 60)01 3 f ic4:
SEP-20-01 THU 03110 P11 rnn ivu, r, JO
September 20, 2001
TO: WELD COUNTY COMMISSIONERS
The undersigned business owners and operators in Ault, Colorado, would like to express their
support for the Stark Farm rezoning. Residential development is appropriate for this property
because of its closeness to the Town and it's being in the urban growth area for Ault. Also, new
homes and families can only strengthen the local economy by increasing the customer base for
personal services and shopping and generating the need for additional commercial and business
development.
SIGNATURLS: BUSINESS NAME AND ADDRESS:
53 /t O<46-
d
o �Qw woexcekg- Rex /2v z 4 t ( o fOEt
NOTICE TO PROSPECTIVE PURCHASERS
OF SPECIAL CONDITIONS RELATED TO
DEVELOPMENT AND USE OF PROPERTY
IN
STARK FARM P.U.D.
COLORADO ELK RANCH, LLLP, a Colorado limited liability limited partnership
("the Owner"), is the Owner of the real property legally described on Exhibit A, attached
hereto and incorporated herein by reference.
The Owner submitted to the Board of County Commissioners of Weld County ("the
County") and the County approved a subdivision plat for development of the Property
identified as STARK FARM, recorded at Reception No. of the Weld County
Clerk and Recorder's records ("the Property").
There are special conditions related to the development and use of the Property. All
purchasers of the Property are hereby notified of the following_
1. Surrounding Agricultural Uses and Wildlife. Weld County is one of the
most productive agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they
are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with longstanding agricultural practices and a
lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the
way of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of Weld County and the distances
which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterioles may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions are of the
lowest priority for public works or may be the private responsibility of the homeowners.
Service in rural area, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in Weld County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power
for pumps and center pivot operations, high speed traffic, sand bun, puncture vines, territorial
farm dogs, and livestock present real threats to children. Controlling children's activities are
important, not only for their safety, but also for their protection of the farmer's livelihood.
Parents are responsible for their children.
2. Feed Lot. Owners are hereby notified that a confined animal feeding operation
(USR-744) for a maximum 4,000 head of cattle is located directly north and east of the
intersection of Weld County Roads 37 and 84. Off-site impacts that may be encountered
include noise from trucks, tractors, and equipment; dust from animal pens; and odors from
animal confinement, silage, and manure.
3. Maintenance of Irrigation Ditch. The cross-cut lateral traverses from the
northwest corner southeasterly to the southeast corner of the Property as shown on the Plat.
The Declarant shall install a steel grate at the point in which the crosscut lateral goes under
Weld County Road 37. The grate shall cover the opening of the tile, including the full
dimension of the inlet and the ditch. The grate shall have spacing between the rods of not
more than ten (10) inches. The Association shall be responsible for maintenance and
cleaning of the grate as reasonably necessary and required by the crosscut lateral ditch rider
during the period of time that water is flowing in the lateral. A two or three rail fence shall
be installed along the north side of the boundary of the property owned by the cross-cut
lateral. The Declarant shall construct and install a fence and, once installed, the Association
shall be responsible for maintenance, repair, replacement, and improvement of the fence as
reasonably required by the ditch rider for the cross-cut lateral. Activities along the lateral,
including the burning of weeds, ditch maintenance and cleaning, as well as ditch rider
responsibilities will continue notwithstanding the development of the Common Interest
Community. Such activities shall be performed at the ditch company's discretion and on its
schedule.
2
4. Roads and Streets. Weld County shall not maintain roads or streets in this
development. Maintenance of the streets shall be the responsibility of the STARK FARM
Homeowners Association. Failure to maintain streets may result in a lien being placed on
these lots.
5. Soil Conditions. Expansive soils may be present in this area and engineered
footing and foundation plans will be required for construction on these lots. Depth to
groundwater is not known; rising groundwater levels should be anticipated during the
irrigation season. Site specific testing at the building sites on these lots should be conducted
to determine soil and groundwater conditions and specific foundation requirements.
Perimeter drains should accompany all sub-grade construction.
COLORADO ELK RANCH, LLLP,
a Colorado limited liability limited
partnership
BY:
Ric Hansen, General Partner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2001, by Ric Hansen, General Partner of COLORADO ELK RANCH, LLLP, a
Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
3
ADDENDUM
TO
PURCHASE CONTRACT
THIS ADDENDUM is attached to and incorporated in that certain Residential
Contract to Buy and Sell Real Estate dated , made and entered into
between COLORADO ELK RANCH LLLP, a Colorado limited liability limited
partnership ("the Seller"); and
("the Buyer"). All purchasers of lots within STARK FARM P.U.D. ("the Common
Interest Community") are hereby notified of the following:
1. Surrounding Agricultural Uses and Wildlife. Weld County is one of the
most productive agricultural counties in the United States, ranking fifth in total market value
of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with longstanding agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of Weld County and
the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterioles may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility
of the homeowners. Service in rural area, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in Weld County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities are important, not only for their safety, but also for their
protection of the farmer's livelihood. Parents are responsible for their children.
2. Septic Systems. Sewage treatment on each Lot within the Common Interest
Community shall be by an on-site, individual septic tank/leach field system ("the Septic
System"). Each Septic System shall be approved by the Weld County Department of
Health and Environment. After installation of the approved Septic System, the as-built
plans, showing by metes and bounds the distance properly tied to the Residence of the
location of the inspection access for sludge measuring, location of all out-flow lines from
the Residence to the Septic System, access to the Septic System for sludge removal, leach
fields, and valves for switching leach fields, where installed, shall be filed with the
Architectural Control Committee. The Architectural Control Committee shall inspect the
as-built plans as to completeness and satisfaction as to form and certification of accuracy
and shall submit the as-built plans to the Board of Directors to be maintained in its
permanent records. The Septic System shall be designed to provide for reasonable access to
measure and check sludge build-up in the Septic System. Stark Farm Homeowners
Association ("the Association") is granted an easement over and across each Lot for the
purpose of inspection, service, maintenance, and replacement of the Septic System. the
Association shall annually cause a qualified person possessing a Class D Sewage Treatment
Plant Operator's License issued by the Colorado Department of Health and Environment to
inspect each Septic System. The cost of such inspection shall be included in as a Common
Expense to be assessed equally against all Lots and collected by the Association as a
Common Expense Assessment. If a Septic System is constructed with rotating leach fields,
the Association inspector shall rotate (switch) the leach fields at the time of the annual
inspection. Following the annual inspection, the Association shall contract and/or otherwise
provide for each Septic System., as needed, to be pumped and the sludge disposed of in
accordance with applicable Health Department regulations. The cost of the sludge removal
shall be assessed as a Special Assessment against the Lot for which the sludge is removed.
the Association inspector shall further conduct such other inspection and tests as shall be
2
reasonably recommended and/or required by the Septic System manufacturer and the Weld
County Health Department to ensure proper and continued operation of the Septic System.
In the event repairs or replacement of the Septic System are required to ensure its proper
operation, the Association shall contract for and/or provided such repairs or replacement,
the cost of which shall be assessed against the Lot upon which the repairs or replacement
were performed as a Special Assessment. Activities such as landscaping (planting of trees
and shrubs) and construction (auxiliary restructures, dirt mounds, etc.) are expressly
prohibited in any designated absorption field site.
In the event the Association shall fail to maintain any one or more of the Septic
Systems within the Common Interest Community in accordance with the terms of this
Article XV, then the County may serve written notice upon the Association setting forth
the manner in which the Association has failed to maintain the Septic Systems in a
reasonable condition, and said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof and shall state the date and place of
a hearing thereon, which shall be held within fourteen (14) days of the notice. At such
hearing, the County may modify the terms of its original notice as to the deficiencies and
may give an extension of time within which they shall be cured. If the deficiencies set
forth in the original notice, or in the modification thereof, are not cured within said thirty
(30) days or any extension thereof, the County, in order to preserve and protect the
taxable values of the Lots and to prevent the Septic Systems from becoming a public
nuisance and public liability, may undertake to maintain the Septic Systems for a period
of one (1) year. Before the expiration of said year, the County, upon its initiative or upon
the written request of the Association, shall call a public hearing, upon notice to the
Association, at which hearing the Association shall show cause why such maintenance by
the County shall not continue for a succeeding year. If the County shall determine that
the Association is ready and able to maintain the Septic Systems in a reasonable
condition, Weld County and/or the Town shall cease to maintain the Septic Systems at
the end of said year. If the County shall determine the Association is not ready and able
to maintain the Septic Systems in a reasonable condition, Weld County and/or the Town
may, in its discretion, continue to maintain the Septic Systems during the next succeeding
year, subject to a similar hearing and determination in each year thereafter. All costs and
expenses incurred by the County for maintenance of a Septic System shall be paid by the
Owner of the Lot upon which the Septic System is located, and any unpaid amount shall
become a tax lien upon the Lot owned by the delinquent Lot Owner. The County shall
file a notice of such lien in the office of the Clerk and Recorder of Weld County upon the
Lot affected by such lien and shall certify such unpaid assessment to Weld County
Treasurer for collection, enforcement, and remittance in the manner provided by law for
the collection, enforcement, and remittance of general property taxes.
3. Feed Lot. Owners are hereby notified that a confined animal feeding
operation (USR-744) for a maximum 4,000 head of cattle is located directly north and
3
east of the intersection of Weld County Roads 37 and 84. Off-site impacts that may be
encountered include noise from trucks, tractors, and equipment; dust from animal pens;
and odors from animal confinement, silage, and manure.
4. Maintenance of Irrigation Ditch. The cross-cut lateral traverses from the
northwest corner southeasterly to the southeast corner of the Property as shown on the
Plat. The Colorado Elk Ranch LLLP shall install a steel grate at the point in which the
crosscut lateral goes under Weld County Road 37. The grate shall cover the opening of
the tile, including the full dimension of the inlet and the ditch. The grate shall have
spacing between the rods of not more than ten (10) inches. the Association shall be
responsible for maintenance and cleaning of the grate as reasonably necessary and
required by the crosscut lateral ditch rider during the period of time that water is flowing
in the lateral. A two or three rail fence shall be installed along the north side of the
boundary of the property owned by the cross-cut lateral. The Colorado Elk Ranch LLLP
shall construct and install a fence and, once installed, the Association shall be responsible
for maintenance, repair, replacement, and improvement of the fence as reasonably
required by the ditch rider for the cross-cut lateral. Activities along the lateral, including
the burning of weeds, ditch maintenance and cleaning, as well as ditch rider
responsibilities will continue notwithstanding the development of the Common Interest
Community. Such activities shall be performed at the ditch company's discretion and on
its schedule.
THIS ADDENDUM executed by the parties hereto as of the day and year first above
written.
SELLER:
COLORADO ELK RANCH, LLLP,
a Colorado limited liability limited
partnership
BY:
Ric Hansen, General Partner
BUYER:
4
NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION.
CHECK WITH 173E HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS,AND RESTRICTIONS
FOR
STARK FARM P.U.D.
(a Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR STARK FARM P.U.D. is made and entered into this day of
2001, by COLORADO ELK RANCH, LLLP, a Colorado limited liability limited partnership
("the Declarant").
RECITALS
A. The Declarant is the owner of that certain real property located in the County
of Weld, State of Colorado legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Real Estate").
B. The Declarant desires to create a Common Interest Community on the Real
Estate, pursuant to the Colorado Common Interest Ownership Act, Section 38-33.3-101, et
seq., Colorado Revised Statutes, as it may be amended from time to time ("the Act"), in which
portions of the Real Estate will be designated for separate ownership and the remainder of
which will be owned by an Association of Lot Owners.
C. STARK FARM HOMEOWNERS ASSOCIATION (a Colorado nonprofit
corporation) has been incorporated under the laws of the State of Colorado for the purpose of
exercising the functions herein set forth.
ARTICLE I. SUBMISSION OF REAL ESTATE
The Declarant hereby publishes and declares that the Real Estate shall be held, sold,
conveyed, transferred, leased, subleased, and occupied subject to the following easements,
covenants, conditions, and restrictions which shall run with the Real Estate and shall be
binding upon and inure to the benefit of all parties having any right, title, or interest in the
1
Section 2: Trash Collection. The Association, acting through its Board, shall have the
right to require that any trash collection within the Common Interest Community be
performed by one company and that trash be collected from all Lots by such company on the
same day of each week. The Board shall select the trash company based on competitive bids.
At the option of the Association, the cost of trash collection shall be paid by each Owner
directly to the trash collection company, and in such event, the Association shall have no duty
to assess the cost of trash collection as a Common Expense. Nothing herein contained shall
be construed to prohibit an Owner from personally disposing of trash from his Lot. This
section shall not apply to a contractor during the construction of a Residence or other
improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and other
construction materials from the Lot either personally or by contracting with a trash collection
company. The trash collection company may remove trash, rubbish, debris, and other
construction materials from the Lot during the construction of the Residence as often as the
contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them from
animals.
Section 3: Mineral Extraction. No mining or extraction of oil, gas, gravel, or other
minerals shall be permitted on any Lot.
Section 4: Resubdivision. No Lot may be further subdivided without the approval of
the Architectural Control Committee. This provision shall not be construed to prohibit or
prevent the dedication or conveyance of any portion of a Lot as an easement for public
utilities.
Section 5: Restrictions on Leasing. No Lot Owner shall lease his or her Residence to
any group of people other than a "single family" as defined in Article II hereinabove nor shall
any lease be for a period of less than thirty (30) days. All such leases shall be in writing and
shall contain a covenant by the tenant or tenants that their use and occupancy of the
Residence pursuant to the terms of the lease are subject to the terms and conditions set forth
in this Declaration and that such tenant will abide by the terms contained herein as well as all
Rules and Regulations promulgated by the Association.
Section 6: Household Pets. No animals other than dogs, cats, or other household pets,
as the same may be defined and determined by the Association, or horses if approved by the
Association, may be kept on a Lot. Dogs, cats, and other household pets shall not be boarded,
kept, bred, or maintained for any commercial purposes. No more than two (2) dogs and no
more than a total of three (3) adult dogs and adult cats may be kept on any Lot (one dog and
two cats; or two dogs and one cat; or three cats). Dogs and cats shall not be considered adults
23
until they are six (6) months old. Household pets shall be subject to all Rules and Regulations
adopted by the Association and all governmental ordinances or laws applicable to the
Common Interest Community. Dogs shall at all times be confined by fence, leash, or under
voice command. Each Owner of a pet shall be responsible for the prompt clean up and
removal of such pets excrement from his or her Lot and the Common Elements.
Section 7: Use of Common Elements. All use of the Common Elements shall be
subject to the terms and provisions of the Documents and shall be governed by the Rules and
Regulations adopted by the Association. No damage or waste shall be committed to the
Common Elements by Lot Owners, their families, tenants, guests, and invitees.
No motor-driven, engine-powered, or other mechanically propelled vehicle, including,
by example and not limitation, automobiles, trucks, motorcycles, all-terrain vehicles, and
snowmobiles, may be used or operated within or upon any of the Common Elements, except
in the event of an emergency or by the Association for maintenance purposes.
Section 8: General Prohibition. No use shall be made of an Owner's Lot which will in
any manner violate the statutes or rules and regulations of any governmental authority having
jurisdiction over the use of said Owner's Lot.
Section 9: Maintenance of Lots and Improvements. Owners of Lots shall keep or
cause to be kept all buildings, fences, and other structures and all landscaping located on their
Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste
shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and
shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping
ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition
and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall
be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots.
Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall
be stored or permitted to remain on any Lot unless screened from view from other Lots and/
from the streets, except for reasonable storage during construction.
Section 10: Nuisance. Nothing shall be done or permitted on any Lot which is or may
become a nuisance. No obnoxious or offensive activities or commercial businesses or trades
shall be conducted on any Lot, except home occupations as defined and permitted by the
applicable zoning resolution of the governmental entity having jurisdiction over the Common
Interest Community.
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Section 11: Temporary Structures. No structure of a temporary character, including,
by example and not limitation, trailers, converted trailers, shacks, sheds, basements, tents,
garages, or accessory buildings, shall be used on any Lot as a Residence, temporarily or
permanently.
Section 12: Storage of Vehicles. Boats, campers, snowmobiles, all-terrain vehicles,
trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup
trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on any
street, Lot, or Common Element, except within fully-enclosed garages, or properly screened if
approved by the Architectural Control Committee. For purposes of this provision, any
disassembled or partially disassembled car or other vehicle or any car or other vehicle which
has not been moved under its own power for more than one (1) week shall be considered an
inoperative automobile subject to the terms of this Section.
Section 13: Discharge of Weapons. No person shall discharge, fire, or shoot any gun,
pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including
BB guns and pellet guns, within the Common Interest Community. Notwithstanding the
foregoing, the discharge of firearms or weapons by any member of any law enforcement
agency in the course of such member's official duty shall not be deemed a violation of this
provision.
Section 14: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in
disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous
conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such
Owner.
ARTICLE XL DRAINAGE
Section 1: Acknowledgement. The soils within the state of Colorado consist of both
expansive soils and low-density soils which will adversely affect the integrity of the
Residence if the Residence and the Lot on which it is constructed are not properly maintained.
Expansive soils contain clay minerals which have the characteristic of changing volume with
the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils.
The addition of moisture to low-density soils causes a realignment of soil grains, thereby
resulting in consolidation and/or collapse of the soils. All Residences shall have engineered
footings and foundations.
25
(g) To install any gravel beds in a manner which will assure that water will
not pond in the gravel areas, whether due to nonperforated edging or due
to installation of the base of the gravel bed at a lever lower than the
adjacent lawn.
(h) To maintain the gutters and downspouts which discharge water into
extensions or splash blocks by assuring that(i) the gutters and downspouts
remain free and clear of all obstructions and debris; (ii) the water that
flows from the extension or the splash block is allowed to flow rapidly
away from the foundation and/or slabs; and (iii) the splash blocks are
maintained under sill cocks.
(i) To recaulk construction joints opening up between portions of the exterior
slabs and garage slabs in order to thereby seal out moisture.
Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to the
Residence, any outbuilding, concrete slab, driveway, sidewalk, or other improvement on any
Lot caused by, resulting from, or in any way connected with soil conditions on any Lot.
ARTICLE XII. SURROUNDING AGRICULTURAL
USES AND WILDLIFE
Weld County is one of the most productive agricultural counties in the United States,
ranking fifth in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
27
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
pie way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C.RS., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of Weld County and the distances
which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterioles may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility of the homeowners.
Service in rural area, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in Weld County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities are important, not only for their safety, but also for their protection of the
farmer's livelihood. Parents are responsible for their children.
ARTICLE XIII. STREETS
Section 1: Initial Construction. The Declarant shall construct and install all streets
within the Common Interest Community.
Section 2: Maintenance. Once constructed, all streets shall be maintained, repaired,
and improved by the Association.
28
Section 3: Maintenance by Weld County. In the event the Association fails to
maintain, repair, or improve the roads and streets within the Common Interest Community as
required by Weld County, Colorado, then the County shall have the right, but not the
obligation, to maintain repair, and improve roads and streets within the Common Interest
Community and to assess the costs of such maintenance and repair against the Lots within the
Common Interest Community pursuant to and in accordance with Article VIII, Section 5, of
this Declaration.
ARTICLE XIV. MORTGAGEE PROTECTION
Section 1: Introduction. This Article establishes certain standards and covenants
which are for the benefit of the holders, insurers, and guarantors of certain Security Interests.
This Article is supplemental to, and not in substitution for, any other provisions of the
Declaration, but in the case of conflict, this Article shall control.
Section 2: Notice of Actions. The Association shall give notice to each Mortgagee
and Insurer of(and each Lot Owner hereby consents to and authorizes such notice):
(a) Any condemnation loss or any casualty loss which affects a material
portion of the Common Interest Community or any Lot in which there is a
First Security Interest held, insured, or guaranteed by such Mortgagee or
Insurer, as applicable.
(b) Any delinquency in the payment of Common Expense assessments owed
by a Lot Owner whose Lot is subject to a First Security Interest held,
insured, or guaranteed by such Mortgagee or Insurer, as applicable, which
remains uncured for a period of sixty (60) days.
(c) Any lapse, cancellation, or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgagees as specified in Section 4 of this Article.
(e) Any judgment rendered against the Association.
29
utility services to the Common Interest Community, including, by
example and not limitation, water, sewer, gas, electricity, cable television,
and other services which may become available to the Common Interest
Community at any time in the future.
(c) The granting of permits, leases, licenses, or concessions for not more than
three (3)years.
ARTICLE XV. SEPTIC SYSTEMS.
Sewage treatment on each Lot within the Common Interest Community shall be by an
on-site, individual septic tank/leach field system ("the Septic System"). Each Septic System
shall be approved by the Weld County Department of Health and Environment. After
installation of the approved Septic System, the as-built plans, showing by metes and bounds
the distance properly tied to the Residence of the location of the inspection access for sludge
measuring, location of all out-flow lines from the Residence to the Septic System, access to
the Septic System for sludge removal, leach fields, and valves for switching leach fields,
where installed, shall be filed with the Architectural Control Committee. The Architectural
Control Committee shall inspect the as-built plans as to completeness and satisfaction as to
form and certification of accuracy and shall submit the as-built plans to the Board of Directors
to be maintained in its permanent records. The Septic System shall be designed to provide for
reasonable access to measure and check sludge build-up in the Septic System. The
Association is granted an easement over and across each Lot for the purpose of inspection,
service, maintenance, and replacement of the Septic System. The Association shall annually
cause a qualified person possessing a Class D Sewage Treatment Plant Operator's License
issued by the Colorado Department of Health and Environment to inspect each Septic System
The cost of such inspection shall be included in as a Common Expense to be assessed equally
against all Lots and collected by the Association as a Common Expense Assessment. If a
Septic System is constructed with rotating leach fields, the Association inspector shall rotate
(switch)the leach fields at the time of the annual inspection. Following the annual inspection,
the Association shall contract and/or otherwise provide for each Septic System., as needed, to
be pumped and the sludge disposed of in accordance with applicable Health Department
regulations. The cost of the sludge removal shall be assessed as a Special Assessment against
the Lot for which the sludge is removed. The Association inspector shall further conduct such
other inspection and tests as shall be reasonably recommended and/or required by the Septic
System manufacturer and the Weld County Health Department to ensure proper and
continued operation of the Septic System. In the event repairs or replacement of the Septic
System are required to ensure its proper operation, the Association shall contract for and/or
provided such repairs or replacement, the cost of which shall be assessed against the Lot upon
34
which the repairs or replacement were performed as a Special Assessment. Activities such as
landscaping (planting of tees and shrubs) and construction (auxiliary restructures, dirt
mounds, etc.) are expressly prohibited in any designated absorption field site.
In the event the Association shall fail to maintain any one or more of the Septic
Systems within the Common Interest Community in accordance with the terms of this
Article XV, then the County may serve written notice upon the Association setting forth
the manner in which the Association has failed to maintain the Septic Systems in a
reasonable condition, and said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof and shall state the date and place of
a hearing thereon, which shall be held within fourteen (14) days of the notice. At such
hearing, the County may modify the terms of its original notice as to the deficiencies and
may give an extension of time within which they shall be cured. If the deficiencies set
forth in the original notice, or in the modification thereof, are not cured within said thirty
(30) days or any extension thereof, the County, in order to preserve and protect the
taxable values of the Lots and to prevent the Septic Systems from becoming a public
nuisance and public liability, may undertake to maintain the Septic Systems for a period
of one (1) year. Before the expiration of said year, the County, upon its initiative or upon
the written request of the Association, shall call a public hearing, upon notice to the
Association, at which hearing the Association shall show cause why such maintenance by
the County shall not continue for a succeeding year. If the County shall determine that
the Association is ready and able to maintain the Septic Systems in a reasonable
condition, Weld County and/or the Town shall cease to maintain the Septic Systems at
the end of said year. If the County shall determine the Association is not ready and able
to maintain the Septic Systems in a reasonable condition, Weld County and/or the Town
may, in its discretion, continue to maintain the Septic Systems during the next succeeding
year, subject to a similar hearing and determination in each year thereafter. All costs and
expenses incurred by the County for maintenance of a Septic System shall be paid by the
Owner of the Lot upon which the Septic System is located, and any unpaid amount shall
become a tax lien upon the Lot owned by the delinquent Lot Owner. The County shall
file a notice of such lien in the office of the Clerk and Recorder of Weld County upon the
Lot affected by such lien and shall certify such unpaid assessment to Weld County
Treasurer for collection, enforcement, and remittance in the manner provided by law for
the collection, enforcement, and remittance of general property taxes.
The terms and provisions of this Article XV may not be amended, except upon
written approval of the County.
35
ARTICLE XVI. MANAGEMENT PLAN
Section 1. Use of the Common Elements. The Common Elements shall be passive
open space.
Section 2. Runoff, Wind and Water Erosion, Noxious Weeds, and Pests. Runoff,
wind and water erosion, noxious weeds, and pests shall be controlled in accordance with
rules and regulations of Weld County.
Section 3. Plants and Animals. Owners of Lots in the Subdivision will be
permitted to have domestic pets so long as such pets are under the direct control of the
Owner. Plants to be introduced to the Common Elements are described and designated in
the landscape plan approved by Weld County ("the Landscape Plan"). No animals
presently inhabit the Common Elements. Any plants to be removed from the Common
Elements are described and designated in the Landscape Plan.
Section 4. Compliance with Management Plan. It is the responsibility of the
Association to ensure compliance with this Article. To the extent the Association fails to
perform its obligations under this Article, Weld County may perform the Association's
duties and responsibilities and assess the cost thereof as a tax against the Lots.
Section 5. Landscaping. All landscaping shall be installed within the Common
Elements and maintained in accordance with the following:
A. Common Elements disturbed by grading operations will be reseeded with a
native seed mixture.
B. Landscape improvements shall be designed to minimize water use and shall
make every reasonable effort to minimize the public and private cost of
maintenance.
C. Landscape shall not contain artificial plant materials and shall remain
natural.
F. Landscaping shall be kept and maintained in a safe, clean, and attractive
condition and good state of repair in compliance with all governmental
laws.
36
•
G. The Association shall remove at its own expense, any rubbish of any
character whatsoever which accumulates on the Common Elements.
H. During the course of any landscaping work on the Common Elements,
including additions, alterations or repairs thereto, such work shall be
conducted in a manner which does not interfere with the use and possession
of Lots, and all landscaping and construction materials and equipment shall
be stored and operated in a neat and orderly fashion. Upon conclusion of
any such work, all excess landscaping materials, equipment, and excess
debris shall be promptly removed from the site.
I. Trees shall not be planted closer than four feet to any gas or electric line
and no closer than ten feet to any water or sewer line. Shrubs shall not be
planted closer than four feet to any water or sewer line. Tree planting shall
be coordinated with the Public Service Company. Locations of all utilities
shall be verified in the field prior to planting.
J. Landscaping in the Common Elements shall be installed by the Declarant
and maintained by the Homeowner's Association.
K. Declarant shall ensure that the landscape plan is coordinated with the plans
done by other consultants so that the proposed grading, storm drainage, or
other construction does not conflict nor preclude installation and
maintenance of landscape elements.
L. To the maximum extent reasonably feasible, topsoil that is removed during
construction activity shall be conserved for later use on areas requiring
revegetation and landscaping.
ARTICLE XVII. FEED LOT
Owners are hereby notified that a confined animal feeding operation (USR-744)
for a maximum 4,000 head of cattle is located directly north and east of the intersection
of Weld County Roads 37 and 84. Off-site impacts that may be encountered include
noise from trucks, tractors, and equipment; dust from animal pens; and odors from animal
confinement, silage, and manure.
37
ARTICLE XVIII. MAINTENANCE OF IRRIGATION DITCH
The cross-cut lateral traverses from the northwest corner southeasterly to the
southeast corner of the Property as shown on the Plat. The Declarant shall install a steel
grate at the point in which the crosscut lateral goes under Weld County Road 37. The
grate shall cover the opening of the tile, including the full dimension of the inlet and the
ditch. The grate shall have spacing between the rods of not more than ten (10) inches.
The Association shall be responsible for maintenance and cleaning of the grate as
reasonably necessary and required by the crosscut lateral ditch rider during the period of
time that water is flowing in the lateral. A two or three rail fence shall be installed along
the north side of the boundary of the property owned by the cross-cut lateral. The
Declarant shall construct and install a fence and, once installed, the Association shall be
responsible for maintenance, repair, replacement, and improvement of the fence as
reasonably required by the ditch rider for the cross-cut lateral. Activities along the
lateral, including the burning of weeds, ditch maintenance and cleaning, as well as ditch
rider responsibilities will continue notwithstanding the development of the Common
Interest Community. Such activities shall be performed at the ditch company's discretion
and on its schedule.
ARTICLE XIX. GENERAL PROVISIONS
Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate
proceedings at law or in equity against those persons or entities violating or attempting to
violate any covenant, condition, or restriction herein contained. Such judicial proceeding
shall be for the purpose of removing a violation, restraining a future violation, for recovery of
damages for any violation, or for such other and further relief as may be available. Such
judicial proceedings may be prosecuted by an Owner, by the Architectural Control
Committee, or by the Association. In the event it becomes necessary to commence an action
to enforce this Declaration, the court shall award to the prevailing party in such litigation, in
addition to such damages as the Court may deem just and proper, an amount equal to the costs
and reasonable attorney's fees incurred by the prevailing party in connection with such
litigation. The failure to enforce or to cause the abatement of any violation of this Declaration
shall not preclude or prevent the enforcement thereof or of a further or continued violation,
whether such violation shall be of the same or of a different provision of this Declaration.
Section 2: Duration. This Declaration shall run with the land, shall be binding upon
all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect
in perpetuity unless amended or terminated as provided in the Act.
38
MEMORANDUM
TO: Chris Gathman, W.C. Planning DATE: May 25, 2001
FROM: Pam Smith, W.C. Department of Public Health and
COLORADO Environment
CASE NO..: Z-557 NAME: Mikal Torgerson/Stark Farm
The Weld County Department of Public Health and Environment has reviewed this proposal. A
member of our staff has also observed the site.
The application has satisfied Chapter 27 of the Weld County Code in regard to water service. Water
is proposed to be provided by the North Weld County Water District. A letter of availability from
North Weld County Water District has been provided in the application materials.
The application has not satisfied Chapter 27 of the Weld County Code in regard to sewer service.
Sewer will be provided by individual sewage disposal systems. The overall density of one septic
system per 4.28 acres meets the current Department policy. However, Outlot A is designated for
future development according to the Change of Zone Plat. Therefore, excluding Outlot A, the overall
density of the development is one septic system per 2.52 acres. Lots 20,37, and 38 are less than
1 acre in size. Although the overall density meets the current Department policy, because not all
lots are a minimum of 1 acre, the development does not met current Department policy. The
Department requests that Lots 20,37, and 38 be increased to a minimum of 1 acre each.
The site is within 1 mile of the Town of Ault and it appears that a portion of the site lies in the Urban
Growth Boundary Area of the Town of Ault. The proposed development is north-east of the
irrigation ditch (outside the Urban Growth Boundary Area) and is urban scale in nature.
The initial impact plan submitted in the application materials appears to address all impacts as
required by Section 27-6-40 of the Weld County Code.
A review of the percolation tests performed (random across the site) by Foundation and Soils
Engineering, Inc. dated November 25, 1998 indicate most of the site is suitable for conventional
septic systems. The Economic Feasibility Study of Sewage Disposal states that(3) 1400 square foot
absorption field envelopes have been designated on each lot. The Department requests that they
be combined into 2 larger envelopes. Based on the provided scale, the septic envelopes for Lot 36
will not meet the 100 foot setback to the irrigation ditch. The Department requests that septic
envelopes for Lot 36 be relocated to meet the 100 foot setback to the irrigation ditch. Care will be
required in locating the septic systems on Lots 19 and 37 to meet the 100 foot setback to the
irrigation ditch (envelopes currently just meet the setback).
The Department recommends that primary and secondary septic system envelopes be required on
any proposed plat. The Department also recommends that the envelopes be preserved in a manner
that will allow it's future use in the development covenants. Specifically, the development covenants
should address activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e. auxiliary structures, dirt mounds, etc.) should be expressly prohibited in the designated septic
envelopes.
The Department recommends approval with the following conditions:
1. Water service shall be obtained from the North Weld County Water District.
2. A Weld County Septic Permit is required for each proposed septic system and shall be installed
according to the Weld County Individual Sewage Disposal System Regulations. Each septic
system shall be designed for site-specific conditions, including but not limited to maximum
seasonal high groundwater, poor soils, and shallow bedrock.
3. Lots 20. 37, and 38 shall be increased to a minimum of 1 acre each.
Mikal Torgerson/Stark Farm .
CASE NO.: Z-557
Page 2
4. The three (3) 1400 square foot absorption field envelopes that have been designated on each
lot shall be combined into 2 larger envelopes.
5. The septic envelopes for Lot 36 shall be relocated to meet the 100 foot setback to the irrigation
ditch.
6. Primary and secondary septic system envelopes shall be designated on each lot. Septic system
envelopes should meet the required setbacks as described in the Weld County Individual
Sewage Disposal System Regulations.
7. Language for the preservation and/or protection of the second absorption field envelope shall
be placed in the development covenants. The covenants shall state that activities such as
landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt
mounds, etc.) are expressly prohibited in the designated absorption field site.
8. The applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and the Environment, if required. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project.
9. During development of the site, all land disturbance shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions. at the request of the
Weld County Health Department, a fugitive dust control plan must be submitted.
10. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and practical
methods which are technologically feasible and economically reasonable in order to minimize
dust emissions.
11. If land development creates more than a 25 acre contiguous disturbance, or exceeds 6 months
induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice, and apply for a permit from the Colorado Department of Public Health and
Environment.
12. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be
placed on any recorded plat.
O.4PAM\PIannmglcnzonelz557- ,wPD
BMW CIVIL ENGINEERS 9704612665 P. 02
# PAik
MW
Davis, Miller $ Wohnrade Civil Engineers, Inc. 1435 W. 29"Street, Loveland,Cobrado 80538
Phone:970461-2661, Fax:970-461-2665
October 22, 2001
Mr. Chns Gathman
1555 North 17th Avenue
Greeley, CO 80631
RE: Stark Farm, PUD, Change of Zone Application
Weld County, Colorado
Project No. STI(; 0016.00
Dear Mr. Gathman:
I write this letter to you and the Weld ounty board o I Commissioners on behalf of my
client, Bighorn Development. I wish to onvey that, to t e best of my knowledge, the use
of individual sewage disposal systems (s ptic.systems) f r the proposed Stark Farm, PUD
_ is both adequate and appropriate.
The high failure rate for pome on-site s tern s' in the past has contributed to a low opinion
of the technology by s me individuals. Septic system failures occur due to at least one
of the following: poo design, const uction, or maintenance. However, a properly
designed, constructs , and maintain d system offers an affordable, reliable, and
environmentally sound means of providin on-site wastewater management.
Individual sewage disposal systems (1505 or septic systems) are a frequently
misunderstood waste treatment syste . A septic system is a method of dealing with
household wastewater in areas where pu lic sewers are not readily available. The standard
type of septic system involves a septic nk(to hold wastewater from toilets and drainpipes
until solids settle out in the tank), and a ystem of pipes that distribute the remaining liquid
waste underground over a large area (lea h field)where the wastewater percolates through
the soil, which helps to)filter the water. he goal is to make sure that this filtration though
the soil Is sufficient to clean the wastew ter before it reaches drinking water well sources
or surface waters.
In a report dated November 25, 1558, Foundation $ Soils Engineering, Inc. (now known
as Scott Cox $ Associates) demonstra d the feasil1ility of ISDS systems for the Stark
Farm, PUD, site. The leach field env lopes show, on the Change of Zone Plat are
consistent with the standards set forth the soils engineer and Weld County. Each lot
has access to primary and secondary I ach field envelopes of 2 100 square feet each.
Leach fields of adjacent lots will be no cl ser than 30 feet to each other and 100 feet to
any well or irrigation ditch/pipe. These features mee all of the criteria of Weld County for
acceptable septic system configuration.
i
DMW CIVIL ENGINEERS 9704612665 P. 03
Because of the shallowness of existing gravity flow sewer in the Town of Ault, many options
for wastewater management have been considered. In an Economic Feasibility Study of
Sewage Disposal, dated February 8, 200 I , Davis, Miller and Wohnrade Civil Engineers, Inc.
evaluated many of these alternatives. Of all the possible options for wastewater
management on the Stark Farm, PUD site, the use of individual sewage disposal systems
(septic systems) was shown to be most appropriate. The maintenance for the systems is
infrequent and inexpensive. The technology for such systems is also a proven one with a
long history of performance. It is estimated that approximately 25%of homes in the United
States use such a wastewater management system.
Based on all available information, it is our opinion that the use of septic systems would be
both an adequate and appropriate method for sewage management for the Stark Farm,
PUP. We recommend that Weld County and its Board of Commissioners approve the use
of such systems for this low-density project.
If you have any questions or concerns about this or other aspects related to the
engineering for this project, please do notl hesitate to call me at the number above.
çk
DAVIS, MILLER 4 WOIINRADE CIVIL ENGINERS, INC.
'
Jade P. Miller, P.E.
• Proje4t Engineer
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WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the 29th day of
May 2001 , by and between the North Weld County Water
District, acting by and through the North Weld County Water District Enterprise
(hereinafter "District") and Ric Hansen, (hereinafter "Developer), of Stark Farm,
(hereinafter "Development").
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the State
of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage of
and distribution of potable water within Weld County and Larimer County, Colorado; and
WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services for the Development known as Stark Farm P.U.D.; and
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1 .1 The District shall furnish a customary supply of water for a total of Sixty six
(66) residential water taps. The District shall furnish 70% of an Acre-Foot (228,000
gallons) of water per tap per annual water year.
1 .2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking water
regulations. No promise or guarantee of pressure is made by the District or is to be
implied from anything contained herein.
1 .3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces;
(2) Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water
\VSERVERWSERSSUBOIVISIONSISTARK FARM\WATERSERVICEAOREEMENTORJFT(05-21.01).OOC
system, which interruption or reductions are temporary, and in the sole opinion of the
District, necessary.
1.4 The District shall install and own a meter vault at each individual lot.
ARTICLE 2
COSTS AND EXPENSES
2.1 The Developer shall pay the full portion of the construction for water lines
within the Development (or that exclusively serve the Development) that will serve the
individual taps. The District must approve engineering and construction plans of all water
lines before construction. Once the District has approved the final water line construction
and installation, in accordance with all District policies and engineering requirements, the
District will conditionally accept the water lines by issuance of a conditional acceptance
letter (see Exhibit "A"). One year after conditional acceptance of the water lines, subject
to final approval by the District, Developer shall dedicate ownership of the water lines to
the District. The Developer may use the District's existing water lines to serve the
individual taps, if the District determines in its sole discretion, that the water line may be
accessed and has available capacity and pressure to serve the Development.
2.2 The District may be constructing substantial offsite infrastructure
enhancements. A portion ofthoco onhanoomontc will bo attributable to tho Dovolopmont
and an Infractructuro Enhancomont Fee will bo charged to tho Developer. The District
shall require the Developer to construct the off-site infrastructure and pay for engineering
design and inspection fee of $35,000. The $35,000 engineering fee shall be paid in full
within 30 days of the county approval of this development. If payment is not received
within 30 days, this contract shall be null and void. The Developer will be responsible for
constructing an eight-inch diameter water line from the intersection of WCR 88 and WCR
37 to the subdivision and provide for ties to the Districts existing lines. Such line shall be
constructed according to the Districts' standards and specifications. The District will pay
$1 ,000 per tap that utilizes such line. Once construction is completed the District will
utilize the line for 45 existing taps and shall pay $45,000 to the developer. If any
additional taps are set within three years from the substantial completion of the water line,
that utilize water from such line an additional $1 ,000 per tap will be paid to the developer;
with a total maximum reimbursement amount of $85,000 for both existing and new taps.
2.3 No residential water tap service will be provided to any lot or residential
water tap until the full tap fee has been paid. The total tap fee shall be as determined and
defined by the District and based upon charges then in effect. Developer understands
that the amount of the tap fee is subject to change or modification of amounts at the sole
discretion of the Board. However, As part of the consideration for this Agreement and
commitment, the Developer shall also be required to pay the Plant Investment Fee portion
of the "Tap Fee" which shall be determined by the proposed number of lots within the
\.SERVERW SESS SUBDIV ISIONSSTARK FAR6MW ATERSERVICEAGREEMENTDRY"T(05$21-01).DCC
Development times the Plant Investment Fee then in effect. Said payment shall be a
lump sum paid to the District prior to commencement of construction of water lines that
will serve the Development. The Development will be constructed in phases and the
above referenced payment will be paid per phase by multiplying the number of lots per
phase times the Plant Investment Fee then in effect. It is anticipated that there will be two
(2) phases: Phase one totals 38 lots; Phase two totals 28 lots. Construction of these
phases is not required to be sequential, but the phasing will be coordinated with the Weld
County planning process so that individual lots in any phase will not be available for sale
or for construction of improvements prior to full payment of the Plant Investment Fee for
that phase. No portion of the Plant Investment Fee shall be returned or refunded once
established by the District and paid by the Developer, even if the number of lots in the
Development is later decreased or unsold.
2.4 The Developer shall provide the District with security to secure the
installation and warranty of water lines for the Development during the one-year
conditional acceptance period. Said security shall cover 25% of all costs for construction
of said water lines which shall be released at the expiration of the one-year warranty
period and upon full acceptance of the water lines by the District. The type of security to
be accepted shall be at the sole discretion of the District which will normally be a letter of
credit, certificate of deposit, or bond.
2.5 During the one-year warranty period the Developer will be responsible for
any repairs or maintenance of the Development water line improvements. All such repairs
and/or maintenance shall be in accordance with the District policies and engineering
requirements and shall be reviewed and approved by the District prior to any repairs or
maintenance being effected except in emergency situations.
2.6 Prior to water service being provided at or for any lot, the lot owner shall be
required to complete the District's tap application form and pay all costs, expenses and
fees as well as dedicate water, if required, in accordance with the policies and procedures
of the District at the time of any tap application.
ARTICLE 3
EASEMENT AND RIGHT-OF-WAY
3.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute the attached form Easement and Right-of-Way Agreement
(Exhibit "B") with the specific locations, widths, size of pipeline(s) and descriptions to be
determined all of which shall be satisfactory to the District, at its sole discretion. This
Agreement is conditional upon execution and recording of the Easement and Right-of-
Way Agreement, and until such Easement and Right-of-Way Agreement is finalized to the
satisfaction of the District and recorded, District shall not be required to provide any
services of any type.
\SERVERWSERS\SUBOIVISIONSSTARK FARbnWATERSERVICEAGREEMENTOPnFT(0521-01).COC
3.2 In addition to execution of the attached Easement and Right-of-Way
Agreement, any plats submitted for approval to any governmental authority shall provide
and indicate the location of the easements and rights-of-way as provided in this
Agreement. Said plans and plats must be approved by the District prior to any final
approval by any governmental authority.
ARTICLE 4
TERM
4.1 This Agreement shall be subject to the approval by Weld County of the final
plat of the Development or the withdrawal of the Development presently being processed
for consideration of approval by Weld County, or if Ault annexes this property. If this
Agreement is terminated due to these reasons, the terms and conditions of this
Agreement shall be considered null and void.
4.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
4.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
\\SERVES\USERSISUBDIVISIONSSTARK FA %fWATERSERVICEAGREEMENTOR4!T(0521-01).DOC
DEVELOP `/
L %)`-4nS eLl
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By:,O� . �r�i 4 By: if l v`
Sec er` tary President
ASERVEFNUSERS\SUSOIVISIONS\ST.WK FARATWATERSERVICEAGREEMENTOMFT(05-21-01).DOC
STATE OF COLORADO
) ss.
COUNTY OF LP A )
The foregoing instrument was acknowledged before me this 3D`+` day of
Mc" , aco c , by R.,_ Nc-n-ssen
Developer.
Witness mylhand and official seal. MY COMMISSION EXPIRES AUGUST 29, 2002
My copopvg&res:
o:'•
soi'ARV
Notary Public ioilfc OF STATE OF COLrdll)tho )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 29th day of
May 2001 , by Gary E . Simpson as
President and Robert Arnbrecht as Secretary of North Weld
County Water District.
Witness my hand and official seal.
MY COMMISSION EXPIRES AUGUST29,2002
My commission expires:
` `,,,Optl llrnU„r
\� tke
, •
:` 4O1ARY Notary Public
m•-0
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'"ragrwlun`.`„
msERVEmus ERS\SUBDNtSICNSISTTRK FAAMW ATERSERVICEAGREEMENTDWFT(05-21-01).DOC
a
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Traffic Impact Study
STARK FARM
N
Weld County, Colorado
I
N
U
Prepared For:
M. Torgenson Architects
211 Jefferson
Fort Collins, CO 80524
•:
I
N
N
Prepared By:
Eugene G. Coppola P.E.
P. O. Box 260027
Littleton, CO 80163
303-792-2450
.0o ii GEORGE
2
July 31, 2000 J(,`�;P ots E �lk�;
:b•.33
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VI. CONCLUSIONS
Based on the analyses and investigations described above, the following can be
rconcluded:
• Stark Farm will add minor traffic to the adjacent street system. Numeri-
cally, 30 morning peak hour trips, 39 afternoon peak hour trips, and 373
trips per day can be anticipated.
• In the short-term, no roadway improvements are needed to adequately
serve the combination of Stark Farm traffic at build-out and background
traffic.
• No improvements are needed to accommodate the anticipated growth
in background traffic between the short-term and long-term time frames.
• All intersections will operate at level of service 'A' in both the short-term
and long-term with this development fully built. This represents very
acceptable operating conditions.
• The proposed internal street system appears fully capable of serving
the Stark Farm residential development.
In summary, the current street system is capable of providing very acceptable oper-
aating conditions in the vicinity of the Stark Farm development for the foreseeable
future.
I
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• 23
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region 4 QT
1420 2nd Street r�
Greeley,Colorado 80631
(970)353-1232
Weld County, SH 14(off)
Stark Farm
W of WCR 37/S of WCR 84
E of Ault
June 18,2001 •
Gene Coppola
PO Box 260027
Littleton, CO 80163-0027
RE: Stark Farm
Dear Gene:
I am writing to confirm our recent conversation about the above reference project. Key points discussed are as follows:
• CDOT reviewed the traffic impact study and concurred with the assumptions,procedures, and conclusions
contained in the study.
• Based upon the study, CDOT does not require the installation of an eastbound to northbound left turn lane
at the Weld County Road(WCR) 37 intersection.
I hope this letter clarifies CDOT's position on this matter. Simply stated, CDOT is not requiring any improvements to
the state highway system as a result of this proposal.
Sincerely,
Gloria Hice-Idler
Assistant Access Manager
(970) 350-2148
xc: file
FROM :GENE COPPOLA FAX NO. :303-792-5990 Oct. 26 2001 12:01PM P2
OCT-26-01 FBI 11 :11 AN HELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
MEMORANDUM
`Cs
40 tit 1 ' VIIII‘S° TO: Chris Guthman, Planning DATE:October 26, 2001
FROM: Drew SchelUnga, Engineering Manager ;
0 SUBJECT: Z-557,Stark Farm
COLORADO
On October 23,2001,1 received the attached letter from Gene Coppola,Traffic Engineer,for the
Stark Farm project. Mr Coppola has clarified issues regarding the left turn lane on SH 14 required
by the Engineering Division.
Mr. Cupola's traffic distribution is based on existing c tterns which is appropriate. The
numbekF of left trans given this analysis does not warrant left m lane.
The Colorado Department of Transportation,in a letter red(Tune 18,2001, indicted they agree
with Mr. Coppola's study and that a left turn Mane is not essary.
Based on the above information, the Engineering Division agrees with removing any condition
requiring construction a left turn lane on SH 14. I!)
•
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FROM :GENE COPPOLA FAX NO. :303-792-5990 Oct. 23 2001 01:38PM P2
Tel: 303-792-2450 EUGENE G. COPPOLA P.E. F.O.eox 260027
Fax: 303-792-5990 Littleton,CO 80163-0027
October 23, 2001
Mr. Drew Scheltinga P.E.
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758 I
RE: Removal of condition to build an eastbound left turn lane on SH 14 at WCR 37
Stark Farm
Dear Drew:
I
The County has attached a condition of approval to the above!proj ct requiring construction
-- of an eastbound left turn lane on SH 14 at WCR 37. Per yest4rday's telephone
conversation, I am writing to further documrint and confirm the'tra c distribution used in the
traffic study and request that the condition be removed. The distri ution used in the study
remains valid for the following reasons:
1. It is based upon current traffic patte sat the SH 14—WCR 37 intersection and
represents the preferred route of cu rent drivers.
2. The route in the traffic study is direct whereas the other route requires more than
three-quarters of a mile of out of direction travel. I
3. A travel time savings of about 60 seconds plus delay resulting from the traffic
signal at the U.S. 85 —SH 14 intersectioki is realized using the preferred route.
4. The route will remain viable in the future and will not bea adversely impacted by
the U.S. 85 Access Control n. i
5. CDOT has re iewed the Sta Farm traffic study and c flours with the
assumptions, procedures, arid conclusions contained i the study. CDOT is not
requiring construction of the gastbound left turn lane or. SH'14 at WCR 37. A
- copy of a letter from COOT is attached.
II
FROM :GENE COPPOLA FAX NO. :303-792-5990 Oct. 23 2001 01:38PM P3
In summary, the site traffic distribution used in the study is based on current traffic activity
and the most efficient travel route. Both of these methods for determining travel patterns are
consistent with widely accepted traffic engineering practices.
When we discussed the above facts, you felt that the condition requiring installation of the
left turn lane could be removed once the support documentation provided in this letter was
received. Your quick action is requested. Hopefully, it's not too late for the Commissioners
to receive the recommendation that the condition be removed, prior to the October 31
meeting. I
Please fax (303-792-5990) or email c'egc2000@aol.com)confirmation that the condition will
be removed, at your earliest conveni I nce. Do not hesita e to call if you have any questions
and thank you for your assistance.
Sincerely,
Vodinituou
•
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FARM MHNAGE'IENT
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July 3, 2001
Mikal Torgerson
211 Jefferson St.
Ft. Collins, CO 80524
Re: CrossCut Lateral Issues
Mr. Torgerson:
This letter is to address the issues for the CrossCut Lateral and proposed development on
the "Stark" farm. The CrossCut Lateral traverses from the Northwest corner,
southeasterly to the Southeast corner of the Northeast 1/4 of Sec. 12, T 7, R66. All
located in Weld County, Colorado near the town of Ault.
The first and most important issue surrounding this development is the question of actual
ownership of the CrossCut Lateral. In some instances along the ditch,the Company
actually owns the land that the ditch encompasses. In other areas, there is only an
easement in which the Lateral travels. The CrossCut Lateral would like to have this issue
clarified by having your company research the abstract and determine the actual
ownership of the property where the Lateral travels.
Once that has been determined, a survey of the actual location of the Lateral as it
currently exists needs to be flagged and pinned. In old abstracts the width of the actual
ownership or easement is not defined. Therefore, the CrossCut has asserted in the past,
along with other area ditch companies, a 25-foot width. This would be measured 12.5
feet on either side of the centerline of the Lateral. No planting of any trees, shrubs, or
other type of ornamentals is to be planted within that right-of-way or ownership.
Another area of importance to the Lateral is the issue of potential debris, and children,
entering the Lateral and plugging or being pulled into the tile that goes under Weld
County Road #37. The Lateral would require a steel grate be installed at that point. The
grate needs to cover the opening of the tile, including the full dimension of the inlet and
ditch. The grate is to have spacing between the rods of not more than 10 inches. The
future Home Owners Association would then be responsible for the maintenance and
cleaning of said grate once per day when water is flowing in the Lateral. The CrossCut
Lateral ditchrider would check said grate during normal ditch operations, but not take the
place of the Homeowner's Association responsibilities.
Another issue that the Lateral would like to see addressed is the North side of the
surveyed boundary. Along that side of the Lateral, where the development is to take
place, a definite line between the ditch ownership and the lot lines is advised. This can
be accomplished by installing a two or three rail, split rail type fence. Definitely a
deterrent, yet not something that will hinder or take away from the style of the
development. The Lateral would suggest to put in two gates at the sites located on the
plans where future street crossings may be installed. This would allow for ease of access
by the Lateral as well as the homeowners association. A six-foot chain link fence was
suggested, but we believe that is more of a liability rather than a safety factor.
As a final requirement by the Lateral to the Homeowners Association and or developers
of the Stark Farm; it is advised and required to notify the potential homeowners of the
Weld County's Right to Farm Law. There is a feedlot across the road that will remain in
operation as well as numerous other agricultural activities that will continue. These
activities may occur at any time of the day or night. Lateral activities include burning of
weeds, spraying of weeds, ditch maintenance and cleaning, as well as the ditchrider
responsibilities will not be curtailed or changed due to the introduction of homes in the
area. All appropriate precautions will be performed to notify area landowners of the
activities taking place, but they will be performed on the Laterals schedule.
Thank you for your time in addressing these issues. If you have any further questions or
comments please feel to reach me at the Thornton Farm Management Office. The phone
number is 970-834-2785.
Sinc ely,
. Foss
Farm Operations Coordinator, City of Thornton
President, CrossCut Lateral
CC:Rod Weimer
Crosscut Lateral Notebook
00G-13-61 20:19 PM p „_
August 23, 2001
Weld County Planning Department
1555 North 17"Ave.
Greeley, Colorado 50631
Dear Sirs:
I am writing regarding the letter from the Cross Cut Lateral Ditch Company dated July 3•
2001 outlining their suggestions for my property that Is presently submitted for a PUD
Change of Zone. We have endeavored In every respect to be compatible with the
surrounding land uses and features in our land planning end architecture. Therefore,
we tufty intend to Implement the measures suggested by the Cross Cut Lateral Ditch
Company In their letter. We will work out the specific fence design and operational
details with the ditch company and the county planning staff before we finalize designs.
Sincerely,
Ric Hansen
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STATEMENT OF COMPLIANCE WITH
COMPREHENSIVE PLAN
GOALS AND POLICIES
Sec. 22-1-110 and 120 Existing and Future Land Use The goal to comprehensively plan for
orderly urbanization without burdening County taxpayers is achieved by (i) locating this
development in the Urban Growth Area established by Ault, (ii) requiring the residents to pay the
cost and maintenance of essential services (water, septic systems, streets, storm water facilities,
common areas) through a Homeowners Association, and (ii) the likelihood that relatively high
property tax revenue, in relation of law enforcement requests of the County, will be generated.
A. Policy 1.1 Approximately one-third of the development's acreage will be preserved as
common open space and portions utilized for hay production as long as economically feasible in
an effort to preserve some of the land in agriculture, supplement the Homeowners Association
budget, and contribute to the rural character.
A. Policy 3. This development's location within the Town's Urban Growth Area with minimal
service costs to the County meets the intent of this policy to achieve an orderly conversion of
land use in harmony with the Town's growth plans without burdening the taxpaying public. The
intent of the goal to minimize use incompatibilities is met by incorporating setbacks,
landscaping, open space areas and buffers into the design.
A. Policy 4.1.8 This development's design utilizes state-of-the-art planning techniques to
minimize the impact on surrounding agricultural land. See discussion of A. Policy 1.1 and A.
Policy 3.
A. Goal 6. The applicant's extension of public water facilities will improve the delivery of
service to numerous other uses.
A. Goal 7. The residential uses will not hinder the operational efficiency or productivity of
adjacent agricultural uses.
A. Goal 8. The water resources currently associated with the land will be retained for irrigation
of the common open space and any hay crops.
UGB. Policy 1. "The County recognizes that municipalities can and should plan their own
futures in terms of the nature and rate of growth." This proposal is consistent with Ault's
Development Plan Update, complies with the criteria of Ault's Coordinated Planning Agreement
with the County, and has the support of the Ault Town Board.
UGB. Policy 2. This land use proposal adheres to the intent of the Comprehensive Plan and all
referral responses received.
UGB. Goal 3. In furtherance of this goal, the County and Ault have coordinated land use
planning on matters affecting orderly development within the terms of the Coordinated Planning
Agreement. This proposal complies with the criteria contained in the Coordinated Planning
Agreement.
UGB. Goal 4. The common open space within the development will allow limited farming of
hay, wildlife movement and will maintain viewsheds from within the project and from
neighboring properties.
PUD. Policy 1. This application complies with numerous goals and policies of the
Comprehensive Plan regarding agriculture, urban growth boundaries and planned unit
developments.
PUD. Goal 2. This development's unique lay out, amenity designs, landscaping, buffers,
setbacks, open space and architectural guidelines will combine to create a distinct neighborhood
identity with rural character.
PUD. Goal 3. Adequate public services and facilities (i.e. water, sewer, storm drainage, streets,
common areas) are available for the development and will be provided.
PUD. Goal 4. The maintenance of all roads, septic systems, storm water facilities and open
spaces shall be provided and paid for by the residents through the Homeowners Association.
PUD. Policy 4. Compatibility with existing and planned uses on adjacent properties is discussed
under Sec. 27-6-120(D)(5)(c). The development includes common open space areas, free of
buildings, streets and driveways, which are easily accessible and useable for open space and
recreation. The residents, through the Homeowners Association will maintain all common areas
and facilities without any contribution from the County.
PUD. Goal 5. In addition to the installation of all public services and common facilities, the
development will pay all applicable fees and charges imposed by the County in the review and
construction process.
P. Goal 1. As described in PUD. Goal 3. and 4. above, cost effective and efficient delivery of
public facilities will be achieved.
P. Goal 2. Adequate pubic facilities and services will be provided in compliance with all
regulations to assure the health, safety and welfare of the residents.
Conceptual Development Guide, updated September, 2001
M1orgerson
Component One - environmental impacts.
1. Since this project is residential, we do not anticipate any significant noise
or vibration to be generated.
2. We do not anticipate that this project will generate any significant smoke,
dust or odors. Notice of the potential for off-site dust or odors will be given
to all prospective residents of the project prior to and as a part of the
purchase contract and within the covenants governing the development.
3. There will be no heat or glare. The development will utilize down-
directional street lighting with the lowest possible wattage allowable under
County regulations.
4. Any development of agricultural land will have some impact on
surrounding properties in terms of changing the aesthetics of the landscape.
We have buffered the homes with a great deal of open space, so we expect
the development to be visually pleasing and compatible with the surrounding
area.
5. This project will not generate any electrical interference.
6. There are no water features on the property. Native grasses or hay crops,
produced in compliance with accepting farming practices, will be planted in
the open space areas. All storm drainage will flow to on-site detention areas
which provide water quality.
7. All homes will utilize permitted individual septic systems to be inspected
and maintained by the Homeowners Association.
8. The site in question does not have any wetland areas.
9. The proposed development will maintain native grasses or hay in all open
spaces. All construction activities will follow erosion-control practices as
required by the County.
10. Over lot grading will be kept to a minimum.
11. There will be no drilling or dredging done as a part f this project.
12. Residential development generally does not create air pollution.
13. The Declaration of Covenants, Conditions and Restrictions include trash
collection provisions and require all trash receptacles to have tie-down lids.
14. There will be no wildlife removal done as a result of this development.
15. The site is used for farming has limited native or natural vegetation.
16. There is no known radiation or radioactive material on this site.
17. Potable water will be provided by the North Weld County Water District
pursuant to a Water Service Agreement.
18. The Traffic Impact Study concludes that all intersections will operate
acceptably with no improvements to the road system.
211 Jefferson
Fort[olkm,CO 80524
970.416.1431
1.888.416.7431
Fax:970.4163435
Finail:mikol@archita.com
http://wwvachilexcam
Component Two - service provision impacts.
1. There is sufficient capacity in the Ault public schools to accommodate the additional
students to be generated by this development. All applicable school impact fees will be
paid.
2. Law enforcement will be provided by Weld County.
3. Fire protection will be provided by the Ault Volunteer Fire Department.
4. Ambulance service will be provided by the Ault Volunteer Fire Department.
5. A cross section of the streets internal to the development has been submitted.
Construction will be done by the applicant; ongoing maintenance and repair will be the
responsibility of the Homeowner's Association. The applicant will also install four foot
gravel shoulders on Weld County Road 37 from State Highway 14 to the development's
access points.
6. A Traffic Impact Study was completed and submitted.
7. All relevant storm drainage issues are addressed in the engineering reports and
plans submitted.
8. Adequate water and sewer utilities will be provided. See No. 9 and 10 below.
9. Water will be provided by the North Weld County Water District pursuant to Water
Service Agreement.
10. Each residence will be serviced by a permitted individual sewage disposal system.
A letter from the applicant's engineer regarding the adequacy of septic systems has
been submitted.
11. Although the Traffic Impact Study concluded that no improvements to the existing
roadways were required because of this development, the applicant will install four foot
gravel shoulders on Weld County Road 37 from State Highway 14 to the development's
access points at the request of the Department of Public Works.
Component Three - landscaping elements.
The applicant proposes to plant native dry land grasses or hay for production in all
common open space areas which will be maintained by the Homeowner's Association.
Ownership of the water rights of one well on the property will be transferred to the
Homeowner's Association for the purpose of irrigating the open space.
Component Four - site design.
1. The site sits on top of a slight knoll just northeast of the Town of Ault. There is an
irrigation ditch which runs from the northwest corner of the site to the southeast corner
of the site. The project is designed around the irrigation ditch, which is the dividing line
between the development and the out lot to the south.
2. The applicant has submitted a Statement of Compliance with Comprehensive Plan
Goals and Policies.
3. The applicant is requesting a change of zone to the PUD District to allow its
development as low density, estate-type residential lots surrounded by open space for
hay production and recreational use by the residents. The PUD District allows the
flexibility necessary for creation of the plan's unique layout and design.
4. The proposed uses are particularly appropriate at the edge of Ault's urban growth
area and the design, which achieves a rural feel and character, aids in the transition
between the urban-style and density of the Town and the agricultural uses in the
County. Potential conflicts are mitigated by the provision of setbacks, large common
open space areas and notices given to residents.
5. The development is not located within a Flood Hazard, Geologic Hazard or Airport
Overlay District.
Component Five - common open space usage.
1. The Declaration of Covenants, Conditions and Restrictions provides for permanent
restrictions on the common open space.
2. The Homeowners' Association will be organized before any residences are sold.
3. The Declaration of Covenants, Conditions and Restrictions provides that
membership in the Homeowner's Association is mandatory for each residence owner.
4. The Declaration of Covenants, Conditions and Restrictions provides that the
Homeowner's Association is responsible for liability insurance, taxes and maintenance
of open space areas.
5. The Declaration of Covenants, Conditions and Restrictions provides that the
Homeowner's Association is authorized to levy assessments which can become a lien
on individual lots for the purpose of funding the cost of operating and maintaining the
common open space areas.
6. The Declaration of Covenants, Conditions and Restrictions includes enforcement
provisions consistent with the County's requirements.
7. This residential has reserved approximately one-third of its area as common open
space, exceeding the County's requirement to preserve 15%.
8. The applicant has not applied for a greater density or a reduced amount of common
open space.
Component Six - signage.
Signage for the development will processed under the applicable County regulations
and shall comply with all requirements regarding permitting, site distances, construction
standards and design.
Component Seven - MUD impact.
This development is not located in a MUD area.
Component Eight - intergovernmental agreement impacts.
This development is within the boundaries of the Urban Growth Area adopted by the
Town of Ault and the Urban Growth Area to be established by the Cooperative Planning
Agreement between Ault and Weld County. The development is consistent with Ault's
Development Plan Update and Map and complies with all standards for development in
the Urban Growth Area contained in the Cooperative Planning Agreement.
MEMORANDUM
TO: Chris Gathman, W.C. Planning DATE: September 18, 2001
COLORADO FROM: Pam Smith, W.C. Department of Public Health anf;G
Environment
CASE NO.: Z-557 NAME: Mikal Torgerson/Stark Farm
The Weld County Department of Public Health and Environment has reviewed the revised plans received in this
office May 29, 2001 (revised plans have the same date as the original). In response to concerns in the
Department's May 25, 2001 comments the applicant has revised the plans as follows:
1. Lots 20,37, and 38 have been increased to a minimum of 1 acre in size.
2. The(3) 1400 square foot absorption field envelopes have been combined into 2 larger envelopes.
3. Septic envelopes for Lots 19, 36 and 37 have been relocated to meet the 100 foot setback to the
irrigation ditch.
The Department recommended that primary and secondary septic system envelopes be required on any
proposed plat. These envelopes have been designated on the proposed Change of Zone Plat submitted to this
office May 29, 2001.
All other condition of approval stated in the referral comments dated May 25, 2001 should remain and are
reiterated below:
1. Water service shall be obtained from the North Weld County Water District.
2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according
to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be
designed for site-specific conditions,including but not limited to maximum seasonal high groundwater,poor
soils, and shallow bedrock.
3. Language for the preservation and/or protection of the second absorption field envelope shall be placed in
the development covenants. The covenants shall state that activities such as landscaping(i.e.planting of
trees and shrubs)and construction(i.e.auxiliary structures,dirt mounds,etc.) are expressly prohibited in
the designated absorption field site.
4. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the construction phase of the project.
5. During development of the site,all land disturbance shall be conducted so that nuisance conditions are not
created. If dust emissions create nuisance conditions, at the request of the Weld County Health
Department, a fugitive dust control plan must be submitted.
6. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that
disturbs more than 5 acres of land must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize dust emissions. sarames
7. If land development creates more than a 25 acre contiguous disturbance,or exceeds 6 months in duration, F-
the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice,and
apply for a permit from the Colorado Department of Public Health and Environment. m 1O
= lam
8. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on
any recorded plat. W
rN'wuoh8'OvaN3d
, ,, MEMORANDUM
/
ft & lit TO: Chris Gathman, Planning DATE: October 26, 2001
WIN FROM: Drew Scheltinga, Engineering Manager r, ,.
O SUBJECT: Z-557, Stark Farm Weld County
IannlnB Dept.
• `L62r \
COLORADO
RECEIVED
On October 23, 2001, I received the attached letter from Gene Coppola, Traffic Engineer, for the
Stark Farm project. Mr Coppola has clarified issues regarding the left turn lane on SH 14 required
by the Engineering Division.
Mr. Cappola's traffic distribution is based on existing traffic patterns which is appropriate. The
number of left turns given this analysis does not warrant a left turn lane.
The Colorado Department of Transportation, in a letter dated June 18, 2001, indicated they agree
with Mr. Coppola's study and that a left turn lane is not necessary.
Based on the above information, the Engineering Division agrees with removing any condition
requiring construction a left turn lane on SH 14.
EXHIBIT
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lCoz 4557
FROM :GENE COPPOLA FAX NO. :303-792-59% Oct. 23 2001 01:22PM P2
Tel. 303-792-7450 �EUGENE G. COPPOLA P.E. P.O.Box 260027
Fax: 303-792-5990 Littleton,CO 80163-0027
October 23, 2001
Mr. Drew Scheltinga P.E.
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
RE: Removal of condition to build an eastbound left turn lane on SH 14 at WCR 37
Stark Farm
Dear Drew:
The County has attached a condition of approval to the above project requiring construction
of an eastbound left turn lane on SH 14 at WCR 37. Per yesterday's telephone
conversation, I am writing to further document and confirm the traffic distribution used in the
traffic study and request that the condition be removed. The distribution used in the study
remains valid for the following reasons:
1. It is based upon current traffic patterns at the SH 14—WCR 37 intersection and
represents the preferred route of current drivers.
2. The route in the traffic study is direct whereas the other route requires more than
three-quarters of a mile of out of direction travel.
3. A travel time savings of about 60 seconds plus delay resulting from the traffic
signal at the U.S. 85 - SH 14 intersection is realized using the preferred route.
4. The route will remain viable in the future and will not be adversely impacted by
the U.S. 85 Access Control Plan.
5. COOT has reviewed the Stark Farm traffic study and concurs with the
assumptions, procedures, and conclusions contained in the study. COOT is not
requiring construction of the eastbound left turn lane on SH 14 at WCR 37. A
copy of a letter from CDOT is attached.
FROM :GENE COPPOLA FAX NO. :303-792-5990 Oct. 23 2001 01:23PM P3
In summary, the site traffic distribution used in the study is based on current traffic activity
and the most efficient travel route. Both of these methods for determining travel patterns are
consistent with widely accepted traffic engineering practices.
When we discussed the above facts, you felt that the condition requiring installation of the
left turn lane could be removed once the support documentation provided in this letter was
received. Your quick action is requested. Hopefully, it's not too late for the Commissioners
to receive the recommendation that the condition be removed, prior to the October 31
meeting.
Please fax (303-792.5990) or email (egc2000@aol.com) confirmation that the condition will
be removed, at your earliest convenience. Do not hesitate to call if you have any questions
and thank you for your assistance.
Sincerely,
GE0R6f�°''vy.
Eugene G. Coppola P.E. ••'isrE'•.upe'�S
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Live at River Ridge for all the reasons you live in Colorado—big natural open spaces with lakes,
trees, and next to the Poudre River. Live in Ridge West at River Ridge for those incredible
mountain views.
Ridge West at River Ridge is located within minutes of Ptarmigan Golf Course and Country Club,
Interstate 25, and the town of Windsor. Yet it is far enough out to be buffered from the highway
noise and stray golf balls. With over 200 acres of private open space and next door to over 100
acres of Colorado wildlife ground containing the Poudre River and many excellent fishing lakes,
you'll he able to find your jogging, walking, biking, and fishing activities right outside your back
door.
Ridge West also is very unique because of its steep rolling terrain which allows for walkout
basements and virtually unobstructed views from almost all of our lots.
Ridge West is a covenanted community with safeguards for the discriminating buyer, including
minimum square footage requirements and architectural control. Come view our lots, and we're
sure you will see why many local builders plan to build their own homes at River Ridge West.
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Lot 36 SOLD $69,000 Lot 75 SOLD $75,000
Lot 37 SOLD $70,000 Lot 76 SOLD $74,000
Lot 38 SOLD $68,000 Lot 98 SOLD $85,00
Lot 39 SOLD $69,000 Lot 99 SOLD $85,000
Lot 42 SOLD $72,000 Lot 100 SOLD $85,000
Lot 43 SOLD $72,000 Lot 101 SOLD $99,000
Lot 44 SOLD $71,000 Lot 102 SOLD $99,000
Lot 46 SOLD $73,000 Lot 103 SOLD $99,000
Lot 51 SOLD $70,000 Lot 105 SOLD $99,000
Lot 52 SOLD $70,000 Lot 106 SOLD $99,000
Lot 53 SOLD $69,000 Lot 107 SOLD $99,000
Lot 54 $135,000 Lot 110 SOLD $90,000
Lot 61 SOLD $85,000 Lot 111 SOLD $88,000
Lot 67 SOLD $74,000 Lot 112 SOLD $85,000
Lot 68 $78,000 Lot 113 $85,000
Lot 69 SOLD $78,000 Lot 114 SOLD 585,000
Lot 70 SOLD $78,000
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ARCHITECTURAL GUIDELINES ^ r
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RIDGE WEST P.U.D. 'II
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COMMUNITY ASSOCIATION a ,�
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(Spring 1999) t!
These guidelines have been prepared pursuant to the rv' 1
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Architectural Control provisions,Article VIII(Section 4), 'f'44
of the Declaration of Covenants, Conditions, and i , 41
Restrictions for Ridge West P.U.D. Community Ni,,
Association and are intended to assist the applicant in rh�
preparing plans for submittal to the Architectural ti"'
Control Committee. Notwithstanding these guidelines, ;� r,�,t
the applicant must meet the requirements of the ',i Faf
Declaration as well as the objective, standards, and ht t
criteria contained in Articles VIII and IV of the }
Declaration.
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These are guidelines and not absolutes. The Ridge West 'ell
P.U.D. is receptive to a range of architectural variations, li r'i
provided that compatibility of style, detailing, and color %1'a P tY h g ".lb.�
are achieved. The Architectural Control Committee is t}i, `Vi
intent on preserving the quality of appearance and �'
property values, and this involves the avoidance of ,i,t .,,,
repetitive design and encouragement of complementary a 4,
variety. 1," faa
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ARCHITECTURAL GUIDELINES CONTINUED
ITEM: GUIDELINES-SINGLE FAMILY:
Design Scheme Traditional—Contemporary
Height Maximum of 30ft. or 35 ft. with greater than 6:12 roof pitch.
Height measured from top of foundation.
Setbacks a) Front yard: 25 ft. minimum (encourage greater) unless proven limitation
due to lot topography.
b) Side yard: 10-ft. minimum.
Square Footage a) One-story: 2,000-s.f. minimum, except Lots 1-6 and 35-41
having 1,700-s.f. minimum.
b) Two-story: 2,500-s.f. minimum.
Roof Materials Heritage II, "25-yr." asphalt shingle with raised ridge.
Color: earth tones only (e.g., gray, brown, or green). Higher quality material
allowed by special review.
Roof Slope Minimum of 6:12.
Overhangs Minimum 12 inches.
Fences 1. All fencing along lot lines must be three-rail, tenon-joint, "green"- treated
(equal to 2.4 retention) lodge pole pine. Domed top post 48 inches to top of
post. Post diameter 5 inches, rail diameter 3.5 inches. Wire mesh backing is
allowed to be unscreened on back and side yards, but must be screened by
one of the methods spelled out in section four if visible from or facing the
street or the closest neighboring house.
Residents may install dog runs in their back or side yards provided they comply
with the following:
2. Dog runs may not be any farther forward of the house than the mid point of
said house.
3. Dog runs may have a maximum size of 1000 square feet.
4. Dog runs that are visible from the street must be screened from the street
and the closest neighboring house by one of the following options.
A. A privacy fence as per the attached details.
B. 5' - 15' coniferous trees or shrubs spaced such that they provide a
complete visual screen. Such shrubs must be installed as soon as
possible, but no later than six months, and maintained in perpetuity. In
the event of a die off. Plants must be replaced as soon as possible, but
no later than six months after the death of the plant.
C. Custom privacy wall which must be approved by the architectural
control board.
Sidewalk Four-foot detached to be initially installed by developer as per Final Plans.
Mailboxes Semi-individual mailbox per each two lots, located flush with the back of curb
and all the same(call Ridge West Homeowners Association for order). Height
from bottom of mailbox to surface of street to be 38 to 46 inches. Installed by
first builder with 50 percent of cost reimbursed by adjoining lot owner.
ARCHITECTURAL GUIDELINES CONTINUED
Landscaping To be prepared by landscape design professional, showing locations
and type of fencing, all planting bed locations, sod and seed locations,
edging and mulch types, storage, play areas, decks, etc. Shrubs,
minimum 5-gallon. Lot trees, minimum two (2) shade of 1 3/4-inch
caliber with at least one (1) in the front yard and one (1) in the rear
yard. Street trees, two (2) shade of 1 3/4-inch caliber. Sod for area
between back of curb and sidewalk. Front yard to be sod. Consistent
with city-approved Final Landscaping Plan.
Playground equipment to be located from rear and side lot lines a
minimum distance equal to the tallest height of the equipment but not
less than 5 ft. Storage sheds to be attached to the house or located
adjacent to rear lot fence but not taller than said fence.
Antennas and Antennas are to he located in the attic space, and satellite dishes over
Satellite Dishes 18 inches in diameter must be approved by Architectural Committee.
No satellite dishes are allowed on front elevation.
Rear Elevations Not more than 25-ft. width along any three-story elevation to exclude
architectural relief such as bay window, deck, chimney, roof gable,
height reduction, corner extending 4-ft. minimum, or other design
element providing architectural relief acceptable to the Architectural
Control Committee.
Masonry Stone, brick, or stucco. Wrap outside corners a minimum of 2 ft. on
lower and upper walls. A minimum of 30 percent of the first-floor,
street-facing elevation walls shall be masonry if obtainable. The area
to determine the 30 percent will include all door and window areas but
not roof area. Encourage repeating same material within rear
elevation. Homes that are all stucco shall use more than one color or
include a rock or brick feature.
Siding Masonite or wood lap siding with a maximum of 6-inch exposure.
(Grooved siding, vertical, board and batt O.K.) No T1-11.
Trim 1x4 minimum at the windows (all around).
1x4 minimum at the corners.
1x10 at the floor changes where appropriate.
1x4 to 1x10 at the top of the siding adjacent to the soffit where
appropriate.
1x8 or 1x10 at the bottom of the siding above the foundation where
appropriate.
Fascia 1x8 minimum with a 1x4 trim, shingle mold, or gutter.
ARCHITECTURAL GUIDELINES CONTINUED
Exterior Vents To fit exterior design.
Plumbing and Locate on the back side of the ridge facing the street where practical.
Furnace Vents Painted to match roof color.
Colors Subtle, traditional, earth-tone colors to blend with the character of the
neighborhood. All exterior railing to match trim or siding color.
Windows Double hung/casement or slider, wood primed or vinyl clad, or vinyl.
Rear Decks a) One-story deck: support posts to be minimum of 6 inches in width.
b) Two-story deck: support posts to be minimum of 12 inches in
width.
c) Color: stained the same color as house and/or trim (excluding
floor).
Completion Completed construction within two years of lot purchase. Completed
landscaping within 12 months of certificate of occupancy.
Items That Need Storm doors; basketball hoops; playhouse; dog runs and enclosures;
Approval electric dog fences; playground equipment; swing sets; signs; house
numbers; clothes lines; site lighting; window air conditioners; swamp
coolers; firewood storage; change in color scheme; RV, boat, and
additional vehicle parking; storage sheds; and landscape plan revisions.
Variances Variances from these guidelines may be granted on a case-by-case
basis. The intent of these guidelines is to provide a high-quality custom
look with a great deal of variety. If additional high-end features are
added such as brick or stone on all elevations or pillars, etc., then
variances may be considered.
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ATfLT-PIERCE FIRE DEPARTMENTP. O. BOX1060�clue AULT. CO 80610
September 5, 2000
Re: Stark Farm subdivision.
With hydrant spacing of no more than 501) ft between hydrants and residential sprinkler s•:s:ems_
the Ault Pierce Fire Department would have no objection to the Stark Farm subdivision_
David Janssen
Chief. Ault Pierce fire department.
tithe1.1
M;(ftv- MEMORANDUM
TO: Board of County Commissioners
COLORADO FROM: Chris Gathman, Planner
SUBJECT: Recommended revisions to Z-557 (Stark Farm) resolution
* Planning staff recommends the following revisions to the Z-557 resolution:
1) Item G3 (page 3) should be deleted (and remaining items renumbered).
2) Item G6 (page 3) should be deleted (and remaining items renumbered).
3) The following condition should be added as item G6 (page 3): "The term "Outlot A"
shall be removed from the parcel to the south of the Cross-Cut Lateral Ditch and
shall be replaced with "not included in this PUD."
4) The following statement should be added as item G7 (page 4): "The southern
boundaries of Lots 35, 36 and 37 shall be amended so that they are outside of the
easement/right-of-way for the Cross-Cut Lateral Ditch. Lots 35, 36 and 37 shall
remain a minimum of 1 acre in size."
Item 2H.20 (page 7) shall be modified from "compiling" to "complying".
6) The following condition should be added as item 5D (page 9): "The applicant shall
provide evidence to the Department of Planning Services that the Plant Investment
Fee portion of the "Tap Fee" and engineering fee have been paid per the applicant's
agreement with the North Weld County Water District."
7) Condition 4-I (page 8) should be removed. (Per October 26, 2001 memo from
Drew Scheltinga - Public Works).
t. EXHIBIT
SERVICE.TEAMWORK,IN I EGRIIY.()CAI.I TY j . f
C,;z 557
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