The URL can be used to link to this page

Browse Search

Home My WebLink About20000156.tiff of •12• uO ofi: 75 FAX 1370 3134 6.0 "ELD PLANNING ''JuUI NNW UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY' Case Number_ __ Application Fee: __._ — Zoning District_ _ Receipt Number I Date Aoplicatior Checked By: Planner Assigned to Case: 8E COMPLETED BY APPLICANT: (Print or ,type only except for required signatures). 1 (we), the undersigned, hereby requests the Department of Planning Services to administratively review his application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL L}ESC Ip'TION: _ _io,, � `/, Sit rwN/ rQ �9�y - l �� ‘fti�/ �{� � ;If atlditfonal space .s required, �ttac1 an additions{ sheet of this dame Size.) 4,rr,s/o PARCEL NUMBER: ‘ 2�,S 1 elCJ ," f _(12 doga rIwrnbsr!Curti c^i X 1,7,.or cb ;nod in Assessors Office.) . NAME OF PROPOSED UD SUB[9IVi5iON P.��C4 EXISTING ZONING /4/2 .E‘14 re (.5- HAN E F ZONE CASE _.5"Z OTAL o 045-• TOTAL AREA (acres) OF COMMON OPENSPACE 'r 1 1 TOTAL AREA(AC S) LOT SIZE AVERAGE 6v• 51 MINIMUM Te 2,5.-L__.NO. OF PROPOSED LOTS �,� - ' `TILITIES: WATER: NAME 2e 171 0,___ SEWER= NAME 0,1 -- Se i GAS: NAME L. r• PHONE; NAME 'r' —• ELECTRIC: NAME ifs._ - 1 DISTRICTS: SCHOOL: NAME FIRE: NAME 4C_IL ��n Sc-, 7/r PHONE 36" 3 - 997--/ 33ADDRE ER5 NAME 1� t�, PHONE __AeS _ ADDRESS hE1L.ELL • RTY i' 1 A_ R„ PROPCED F ' c". ---i3 . _ _67 2 1 F HOME TELEPHONE: 3 3 h 23:--6'4(21 NAME: r C/? G • n �, - BUS. TELEPHONE:__ aia3 -ill ii— l i r? ADDRESS HOME TELEPHONE: NAME. -- BUS.TELEPHONE: ADDRESS: - --�---- APPWCANT_OR .iUTHQ. IZZ A N l'if dlieLent than Aocvi NAME: L l n r, f'ic r, HOME TELEPHONE__ ADDRESS: / a SUS,TELEPHONE.3O,3- /jy 7,4 74) en_3e,-- - T P R i Q NNEER(S)AN_ -s-_c' 1 R • HT NAME: -� C.•- fe j a6— _ ADDRESS' rte_ I Signature: Own��prized Agent - ( -. 7-44, I —A:7 •,71-f0,-- QGa.�vL r /)/ / 22 2000-0156 PUD FINAL PLAN The Peaks Mtn View No. 527 (fka Fir Avenue PUD) LicQ/\\ ado ba$, 1 99 LEEBURG&ASSOCIATES 707 1111w111O,"Avenu Suite 207 ... .. ... .. .. Boulder,Colorado0304 3 ��yy�,�p03-442-2428 GA�IT 303-444-8325 Fax /^ Linn T.Leeburg 303--947-079191 Cellular 1��1/Yq/ PUD FINAL PLAN The Peaks @ Mtn View TABLE OF CONTENTS October 8, 1999 I. Letter of Transmittal/Letter of Agency II. Warranty Deed III. Weld County Treasurer Certificate of Taxes Due IV. Improvements Agreement - Roadway, Utilities and Landscaping V. Improvements Agreement - Off Site Dust Mitigation VI. Financing Statement/Budget/Construction Schedule VII. Certified List - Property Owners within 500 Feet VIII. Certified List - Mineral Owners/Leasees IX. Specific Development Guide X. Change of Zone Plat XI. Final Plat XII. Roadway Plat XIII. Water Line Plat XIV. Drainage Plan XV. Landscape Plan XVI. Irrigation Plan XVII. Contract Documents and Specifications for Landscape Development Plans and Associated Work `( ( I( 7 itROLLIN CONSULTING 303-772-1338 i.)99 December 16, 1999 Weld County Public Works Department Re: Drainage Report and Run-off Calculations For The Peak @ Mtn. View subdivision Rollin Consulting has been retained by Karen Libin to provide a drainage plan and run- off calculations for a proposed subdivision in a portion of the southeast quarter of Section 5, Township I North, Range 68 West of the 6th P.M. Weld County, Colorado. The name of the subdivision is The Peaks @ Mtn. View. The site is bounded on the north, west and south by farm ground and on the east by Fir Avenue and Carmacar Ranchettes. The site is currently fallow farm ground. The site consists of 40.015 acres. The proposed development is to place five lots sized from 8.6 acres to 4.8 acres on the 40 acres. The development will be 5 houses with appurtenant outbuildings There will be a 650' gravel road half way across the site from east to west. The road will have borrow ditches which will flow to Fir Avenue. Currently the drainage sheet flows from the southwest to the northeast collecting in the borrow ditch along the west side of Fir Avenue. After development the runoff will sheet flow in the same manner as it has historically except in the immediate area of the houses and outbuildings and where the road intercepts the flow. The flow that is intercepted by the road will be returned to the same ditch that it has historically entered to. The flow from the area of the buildings will flow away from the buildings and will return to the same area that it historically reached. Attached please find a copy of the calculations for the 5-year and 100-year storms calculated using City of Longmont criteria. Based on these calculations the increase in flow between the historic and developed condition are so minor we request that no detention be required. Respectfully, ''F ull, Rollin Constitting ' .11:':- :fir?,, !, I F '1 12 , K4L ;w � Ken Rollin:i: cS'1 n ;'l EiC�`� 99-518-001 peak •lliiih1 �iii,11O .1. 15775 N. 95th St. • Longmont,CO 80501 DRAINAGE REPORT CALCULATIONS FOR PEAKS @ MTN. VIEW SUBDIVISION WELD COUNTY, COLORADO DESIGN CONCEPT 1. Calculate the 5 year and 100 year historic runoff for the site. 2. Calculate the 5 year and 100 year developed runoff for the site . 3. Compare results to determine if detention is required. DESIGN DATA Design reference - City of Longmont Storm Drainage Criteria Manual (LSDCM) Design storms - Minor storm - 5 year Major storm - 100 year Runoff quantities calculated using the Rational Method Rainfall Intensities (I)taken from Figure 502 LSDCM Time of concentration (To) =ti+ t1 for developed runoff (TO =ti + t1 for historic runoff Runoff coefficients and basin imperviousness taken from Table 601, LSDCM HISTORIC RUNOFF CALCULATIONS Basin Area (A) Total basin area=40.015 acres Runoff Coefficient"C" from Table 601 LSDCM C5 =0.10 C100 = 0.40 Time of concentration (Ta) s= 1.34% L == 500' C5 = 0.10 v = 0.55 ft/sec t =ti +ti t; = 1.8 (1.1 - 0.1) 'IL /31s= 36.51 minutes tL = L/60v= 988/ 60x.55 =29.94 minutes To = 66.45 min. use 60 min. Rainfall intensities I from Figure 502 LSDCM for T = 60 minutes 15 = 1.50 inches/hour 1100 = 3.01 inches/hour Runoff Quantities (Q) Q= CIA Q5 =(0.10) (1.50) (40.015) =6.00 CFS Qioo= (0.40) (3.01) (40.015) =48.18 CFS DEVELOPED RUNOFF CALCULATIONS Area of site Total 40.015 acres 100.00% Building 0.574 acres 1.43% Gravel Road 0.422 acres 1.05% Pasture 39.019 acres 97.51 % Composite "C" values C5 = (0.0143 x0.85) + (0.0105 x 0.25) + (97.51 x 0.10) = 0.1123 C100 = (0.0143 x 0.90) + (0.0105 x 0.93) + (0.97.51 x 0.40) = 0.4097 To_. Time of concentration (Te) s= 1.34% L== 500' C5 = 0.10 v= 0.55 ft/sec to =ti +t1 t; = 1.8 (1.1 - 0.1) ilL /ails=36.51 minutes tL =L/ 60v = 988/60x0.55 = 29.94 minutes To = 66.45 min. use 60 min. Rainfall Intensities For To= 60min. 15 = 1.50 Iwo=3.01 Runoff Quantities Q Q = CIA Q5=(0.1123) (1.50) (40.015) =6.74 CFS Quo =(0.4097) (3.01) (40.015)=49.35 CFS The Q5 developed runoff is 0.74 CFS greater than the historic runoff. The Q1oo developed runoff is 1.16 CFS greater than the historic runoff. Therefore we request that detention not be required. LEEBURG & ASSOCIATES 707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0(303) 442-2428 October 8, 1999 Mr. Eric Jerman Planner Department of Planning Services Weld County, Colorado 1400 North 17th Avenue Greeley, CO 80613 Re: The Peaks @ Mtn View (No. 527) Dear Mr. Jerman: Enclosed herewith are the Final Plan & Plat for The Peaks @ Mtn View PUD. The Weld County Board of County Commissioners granted a Change of Zone from A (Agricultural) Zone District to PUD (Planned Unit Development Zone District to create 5 E(Estate) zoned lots on September 15, 1999. Also enclosed is a check in the amount of$535.00 for Final Plan Application Fee. Final Plan & Plat recording fee will be tendered upon Plat approval. I believe, serving as agent for the Owner, Ms. Karen Libin, that the proposed PUD Final Plan is in compliance and meets all criteria as set forth in the Change of Zone Proceedings. Prompt review, processing, and approval is respectfully requested. Thank you for your consideration. Please advise if questions arise or additional information is required. Sincerely, Lirtn-T` / Enclosure ai 557 Rider Ridge Drive Longmont, Colorado 80501 April 28, 1999 TO WHOM IT MAY CONCERN: I am Please be advised that-s a'e designating Mr. Linn T. Leeburg, dba km-burg& Msociates, 707 Hawthorn, Boulder,CO 80304 (303-442-2428), as eedt agent to represent de in the Planned Unit Development application for the"The Peaks @ Mountain View" (&a Fir Avenue PUD). I have a contract with the owners, Tom L and* The PUD is top be located in Lot B, SE 'A, S5; R68W, TIN, Weld County, Colorado. You may contact us at the above address or Ms. Karen Libin, 703 Walnut Street, Boulder, CO 80302 (303-444-3177). Very truly yours, e `71'7 J..1 Tom L. Russell Mar I; ssell Karen!: in Margaret Russell to purchase the property. The owners .. agree to cooperate in obtaining approval of the PUD in ways necessary as may be required by the county. Treasurers Certificate Taxes Due The Peaks @ Mtn View Report Date: 10/01/99 02:20PM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 13723 SCHEDULE NO: R7434198 ORDER NO: ASSESSED TO: VENDOR NO: RUSSELL TOM L&MARGARET I LEEBURG&ASSOCIATES 557 RIDER RIDGE DR LONGMONT,CO 80501 LEGAL DESCRIPTION: PT SE4 5 1 68 LOT B RE 2150 (1.42D) PARCEL: 146705400015 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 10/01/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 1303- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 87.05 Land 13635 3950 SCHOOL DIST RE1J 49.635 196.05 Exempt 0 0 NCW WATER 1.000 3.95 Improve 0 0 LEFT HAND WATER 0.000 0.00 -- -- MTN VIEW FIRE(BOND 0.878 3.47 Total 13635 3950 WELD LIBRARY 1.449 5.72 MOUNTAIN VIEW FIRE 7.817 30.88 82.817 327.12 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunt t my hand and seal this 10/01/99. TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY / C ��j�/S P.O.Box 458 C/J !i[/ Greeley,CO 80632 (970)353-3845 ext 3290 Mine? I Twn? I BIkjLot I Condo?I Mr-lle?I Sales? I❑ Account © Owner NamelA I _— R7434198 RUSSELL TOM L 8 MARGARET I X t-= ;- Year District 557 RIDER RIDGE DR " ''°`-"`"" '"` ' Legal Description LONGMONT CO 80501 PT SE4 51 68 LOT B RE 2150 i 1999 1303 (1.42D) Apr Dist St A arcel Number Sequence 16 1457054000150015 r rho ter '� '( h'i5 ©( i� YAtCt YPe letr_5•s .rt ( tirYl,v k,:., 'I 1 as Er3' i' , ' Agricultural BACode • Map No -- - � •�1432 i Business Name l,', I " I n ,1,. , r ,, -"t,a f= ❑ Name ❑ Tax Items ❑ Protest(I) ` ' ❑ Situs ❑ PrelSuc ❑ Mobile Aut ❑ Personal(P ❑ Mobile ❑ Remarks ❑ Value ❑ Oil and Gas ❑ Tract ❑ Tax Sale Current Year Prior Version Go To Imaging ❑ Railroads ❑ Condo III Spec As Prior Year I Ne(x)t Version Abatement ❑ Block Mines ❑ Control ❑ Next Year Clerk's Doc's Property Card ❑ Sales ❑ Sibling ❑ History Update Clear Exit ❑ Misc(M) ❑ Flags Improvements Agreement (Road/Utilities/Landscaping) The Peaks @ Mtn View IMPROVEMENT AGREEMENT FOR PRIVATE ROAD,UTILITIES & LANDSCAPE IMPROVEMENTS THIS AGREEMENT, made and entered into this day of ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County",and k ar rn Leib hereinafter called"Applicant". WITNESSETH: WHEREAS,Applicant is the owner of or has a controlling interest in the following described property in the County of Weld,Colorado: Lot B,Recorded Exemption No. 1467-5-4-RE 2150,according to the Plat recorded April 8, 1998 as Reception No.2605235,being a portion of the southeast quarter of Section 5,Township 1 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado. W REAS, a final subdivi ion/PUD plat of said property, to be known as Me PP%k-,S ,*/,r View Pw has been submitted to the County for approval; and WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted Subdivision Improvement Agreement guaranteeing the construction of the public improvement and landscaping shown on plans,plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion,are listed in Exhibits"A"and"B"of this Agreement. NOW,THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements and landscaping listed on Exhibit"A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. • 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A:which is attached hereto and made a part hereof by this reference,according to the construction schedule set out in Exhibit"B"also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas,electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 12/95 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any • and all liability loss and damage county may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability,loss or damage is caused by,or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or,in its absence,the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B",but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicated which of the five types of collateral prefered 3 Revised 12/95 to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 100%of the total value of the improvements as set forth in Section 6.0 and exhibits"A" and "B". 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 12/95 8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100%of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 5 Revised 12/95 8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans.. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Revised 12/95 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of 15%of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revised 12/95 BOARD OF COUNTY COMMISSIONERS • WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: I0. (titl� Subscribed and sworn to before me this fit day of IC , 19 99 My Commission expires: Not ublic M.OT ARsi:vti `n�, 'UBLA zoo my Cona Evils 051161t0os M:FORM\APRIVATE.DB 8 Revised 12/95 a// EXHIBIT"A" Name of Subdivision: 774' 5 G/77 Filing: /�! / / / �r / �2 Location: .S �y/ �S 77.- aC o a -'o-1bT/' / +/")#24, Aro onAEZ/Sc �xP/n Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19_� recorded on , 19 , in Book , Page No. , Reception No. the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street gradinge/Gv,/gyp.--f/S/#4P2 +c( 1 2 99/S Street base Street paving Curbs, gutters.& culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage. Sanitary sewers Sanitary sewers Trunk& forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply& storage Water mains-Includes Bore/f4rr) 7≤/Sr.r " 14.465 7 a 21aD Fire hydrants ft 1/.39r8 Survey& street monuments&boxes Street lighting Street name signs/A9 c( 3 /75 P /000 Fencing requirements Landscaping/Sh y“-ay f'/sDo0 Park improvements Road Culvert Grass Lined Swale Telephone _S-De, Gas to Sod J Electric a S-0om Water Transfer SUB-TOTAL 73023 6 >L 9 Revised 12/95 Engineering and Supervision Costs /0.0620 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 3° 3 3 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". (In corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Date: , 19 4TL /O// t 10 Revised 12/95 /EXHIBIT"B" Name of Subdivision: / P 134 S 9 //'/,7/4,e'. cc" Filing: / /` /� / / / Location: J'C�// S S 7-7V;(-494)(4-'o;a / 1: •/!l, ;2071:6"D ra'�e/ en/A , /fIF z/S0 Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvementsshown on the final subdivision plat of Subdivision, dated , 19 ,Recorded on , 19 , in Book Page No._ , Reception No. , the following schedule. All improvements shall be completed within O/7e years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading ,, Street basjr-...41/stn.3'...eAiditrr///ir✓irq /2 -3/-99 Street pa ng Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Jm'1/{rrPi 5p,--� �P-3YaAs /L-3/-99 Fire hydrant /Z-3/-99 Survey& street monuments & boxes Street lighting // Street name signs// -s 3—/-00 Fencing requirements S"—3/-99 Landscaping/S.1 /ey/.c4IY 6-- 31-99 Park improvements Telephone Gas Z.—/—OG Electric z_ —/—oD Water Transfer Sub-Total ro g fv t/,o 1 se r /D -97,- ISy L! S 4 l s/411 /e 4/E - c y Revised 12/95 d/1/1/"4/4/�FT Improvements Agreement (Offsite) The Peaks @ Mtn View 1C COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Karen L. Libin (Peaks at Mountain View PUD), hereinafter called "Libin," and WHEREAS,Libin has been granted a Weld County Planned Unit Development for five residential lots on 40 acres, in Section 5, Township 1 North of Range 68 West of the 6th PM. WHEREAS, the PUD generates an increase in vehicle traffic, and WHEREAS,the existing County roads that serve the PUD will require increased maintenance and improvement due to the increase in vehicle traffic, and WHEREAS, the County and Libin have reviewed maintenance and improvements proposals put forth by Libin, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said PUD. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Libin agree as follows: 1. Term: The term of this agreement shall be from the date first written above to and until Peak Lane, a portion of Fir Avenue south of Peak Lane and all of Spruce Drive is paved. 2. Location: The county roads which serves said PUD are Spruce Avenue, Fir Avenue, Mountain View Street,and Pikes Peak Street,all within Carmacar Ranchettes Subdivision. 3. Improvement and Maintenance to the Peak Lane portion of Fir Avenue south of Peak Lane and all of Spruce Drive- A. The County shall be responsible for general maintenance, including grading and snow removal. B. The County shall prep and grade said roads prior to the applicant applying dust suppression chemicals. C. Libin will apply dust suppression chemicals on said roads, as needed, as determined by Department of Public Works, no less than twice a year. 4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. „1 planning Dept. SEP 16 1999 bRECE VVF Road Maintenance and Improvements Agreement page 2 5. Indemnification: To the extent authorized by law, Libin agrees to indemnify, save, defend, and hold harmless County from any and all liability incurred as a result of acts, omissions, or failures to act by Libin in his performance of the duties set forth in this Agreement on those portions of said roads described in this Agreement. The term liability includes, but is not limited to, any and all claims, damages, and court awards, including costs, expenses, and attorneys' fees, incurred as a result of any act or omission by Libin and its employees. 6. Modifications and Breach: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed,waived, or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto,or waiver of, a breach by any other party,whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. 7. Non-Assignment: This Agreement shall not be assignable without prior written consent of County or Libin, whichever is the non-assigning party. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board BY: BY: Dale K. Hall, Chair Deputy County Cleric KAREN L. LIBIN BY: TITLE: Owners m:\wpriies\agreemen6road.pig I I i0 ! // • /4 /3 /2 4 D O �' 03 `l 3 2 7 6 5 4 (3 Carmacar ...$VIEW STI 5 Ranchettes /T ' /* PS +6 70) 2 • y lb ? q /3 /2 r f 5048 ` . s !j 5 / /59 z • B a . 13AK SI I 7 e / / O s to 9 7 ,• 6 3 4 J 7 6 5 3 5028 4 Ia_ 503��I_.��._:Villa_R..��W.� `Zj o • o 0Olt g • Z — 218 vie( o tr, t 41 Or NP" LAND ESTATES L Financing Statement/Construction Estimate/Construction Schedule The Peaks @ Mtn View PUD FINAL PLAN The Peaks @ Mtn View Financine Statement October 8, 1999 The Peaks @ Mtn View PUD shall be financed and funded view the following services: • Planning, PUD Application, Engineering, Surveying, and Plan &Plat Preparation - Owner Funding • Land Purchase - Owner Funding via Land Purchase Contract • Site Development & Subdivision Improvements Agreement between Weld County and Owner - Construction Loan & Letter of Credit Construction Estimate As summarized on the Subdivision Improvements Agreement Roadway, Utility, and Landscape Improvements including Engineering and Supervision are estimated to total $101033. 1 PUD FINAL PLAN The Peaks @ Mtn View Construction Schedule October 8, 1999 Estimated Start Date Estimated Completion Date • PUD Final Plan Approval Mid November 1999 • Roadway December 1, 1999 December 31, 1999 • Water Mains/Hydrants December 10, 1999 December 31, 1999 • Entryway, Landscaping, December 15, 1999 May 31, 2000 Irrigation Systems, Equestrian Walking Path • Electric Feeders, January 1, 2000 February 1, 2000 Transformers • Natural Gas Mains January 1, 2000 February 1, 2000 • Telephone Feeders January 1, 2000 March 1, 2000 2 Specific Development Guide The Peaks @ Mtn View The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 The Development The Peaks @ Mtn View is a Planned Unit Development (PUD) in southwestern Weld County, Colorado approximately 2 miles northeast of the Town of Erie. The 40 plus acre equestrian oriented project will offer 5 highly desirable residential building sites ranging from 4.8 to 8.6 acres in size. Perimeter open space, commonly available to all lots, possibly offering a pathway amenity and buffer, comprises about 7.2 acres. This proposed low density living environment will be controlled and managed via a Homeowners Association with an Architectural Control Committee and an appropriate Declaration of Covenants, Conditions & Restrictions (CC&R's). The Peaks @ Mtn View is sited to afford stellar views of Longs Peak, the Indian Peaks Wilderness and Boulder's Flatirons. Ready access to Boulder and Longmont is available from its close proximity to Colorado Highway 52 and to Denver, Loveland, Fort Collins, Greeley via the North I-25 corridor. Location Approximately one-half mile northwest of Weld County Roads 12 and 5, immediately west of Carmacar Ranchettes. South of Colorado Highway 52 approximately one-half mile. Size 40.015±acres with 5 lots being 5.564 (Lot 1), 7.490 (Lot 2), 5.320 (Lot 3), 4.756 (Lot 4) and 8.627 (Lot 5) acres in size and 7.181 acres of open space (17.95%). Legal Descripton A portion of the. SE 1/4, S5, TIN, R68W, Weld County, Colorado more particularly known as Lot B of Recorded Exemption 1467-5-4-RE 2150. Zoning Present - Agricultural Proposed- 5 Lot, Residential PUD (Estate) Utilities & Services 3 Water: Lefthand Water District Sewer: Individual Septic Gas: KN Energy Telephone: U.S. West Electric: United Power School: St. Vrain Valley School District RE-1J Fire: Mountain View Fire Protection District Law Enforcement: Weld County Sheriff's Department Ambulance: Tri-Area Ambulance Service Access: Egress via privately maintained Peak Lane to Fir Avenue to Spruce Drive or Mountain View Street to Weld County Road 5 to Colorado Highway 52 or Weld County Roads 8, 10 or 12 to Interstate 25. Legal Status The parcel is owned by Karen Libin, 435 Reese, Box 1631, Lyons, CO 80540. The proposed Listing Company for the lots at The Peaks @ Mtn View will be K L Realty, 1531 Broadway, Boulder, CO 80302, (303) 444-3177, with marketing planned for Fall, 1999 and sales and closings subsequent to Final Plan &Plat approval, infrastructure development (i.e., roadway, utilities, signage, etc. and formation of the Homeowners Association, etc.). 4 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Following are explanatory statements addressing how the Peaks @ Mtn View will address the following impacts: Component One - Environmental Impacts (6.3.1) The small scale, low density nature of the development, by definition, strives to generate minimal environmental impacts both internally and externally. A. Noise & Vibration (6.3.1.2.1.1): Except during authorized construction, gardening and mowing, no offensive or detrimental noise or vibration generating activities will be permitted that would negatively affect lot owners or the adjacent neighbors and the general public. Control responsibility shall lie with the Homeowners Association and/or the Architectural Control Committee. The speed limit on Peak Lane shall not exceed 25 miles per hour. B. Smoke, Dust &Odors (6.3.1.2.1.2): All fireplaces will be natural gas fired or electric. No exterior fires (except barbeque fires within appropriate containers) shall be permitted unless specifically authorized by the Homeowners Association and appropriate governmental jurisdictions. No conditions which create a fire hazard or which are in violation of fire prevention regulations shall be allowed. Appropriate landscaping, including natural grass vegetation will be required on all lots and open space. Appropriate surface treatment and a 25 mph speed limit on Peak Lane will prevail to minimized fugitive dust. Any off-site dust mitigation measures mandated by Weld County will fall under the provisions of a Road Maintenance & Improvements Agreement signatory by the Weld County Board of County Commissioners and the Owner. 5 Composting of yard/animal refuse will be encouraged. Manure shall be periodically removed or incorporated into the soil on a regular basis to mitigate odors and insect and pest propagation. Gardening and mowing may generate some dust. C. Heat, Light &Glare (6.3.1.2.1.3): No reflective window coating, metal foil, or any substance or material which acts as a reflector of heat or light will be allowed within the development. Any exterior lighting installed shall be indirect or of such controlled focus or intensity as not to disturb the residents of adjacent properties. No street lighting is planned. D. Visual/Aesthetic Impacts (6.3.1.2.1.4): This low density development encourages high quality construction. The perception of individual design elements on each individual lot represent subjective values in the eye of the beholder. Nonetheless, it is safe to say the visual character of the development will be consistent and harmonious with all adjacent properties and represents improvement in many cases. Weld County controls and Homeowner Association Covenants will demand mature landscaping, underground utilities, sheltered satellite dishes and veiled storage. Building envelopes are designed to preserve vistas and view planes internal and external to the project. New two story residences will impact the western view somewhat from residences in Carmacar Ranchettes. The PUD will also be within site lines of a residence to the west and of one to the north. In the Change of Zone Proceeding, building envelopes on Lots 1 and 2 were move westward as an accommodation to Fir Avenue residents and all envelopes were reduced in size to not exceed 25% of the total lot size. Architecture controls will insure congruence of finishes, colors, materials and amenities. Building height shall not exceed 35 feet. No building, fence, barn, corral, paddock or other permanent structure will be permitted without written approval of the Architectural Control Committee. No on-street parking will be allowed and all mobile equipment (including disabled), supplies, equipment, etc. must be completely sheltered from eye level view. Notwithstanding the foregoing; during periods of construction, not to exceed twelve (12) months, temporary structures and equipment shall be allowed upon the individual lots, but not on Peak Lane. Landscaping and grasses shall be maintained and periodically mowed or grazed to present an aesthetically appropriate presence. Xeriscape landscaping and/or grasses will be utilized upon the open space. The open space will encourage equestrian/walking uses and will border Lots 1-5. Total open space will be 7.181 acres (17.9% of the total PUD). 6 In response to Fir Avenue Homeowners' concerns, the intersection of proposed Peak Lane and Fir Avenue has been relocated south 125 feet from that location originally proposed on the Change of Zone Plat to minimize auto headlight intrusion into existing Fir Avenue dwellings. A stone sign and landscaping will identify the entrance to The Peaks @ Mtn View and will compliment the transition from Carmacar Ranchettes. Trees along Peak Lane will compliment and frame views of Longs Peak and the Indian Peaks. The owner agent, via correspondence to the Weld County Department of Planning Services dated September 9, 1999, (copy following) has committed to specifically exclude mobile homes and manufactured homes as USES within The Peaks @ Mtn View. E. Electrical Interference (6.3.1.2.1.5): Except for law enforcement, fire and medical service providers, garage door openers, cellular telephones and citizen band radios, no electronic or radio transmitters will be allowed on the site. F. Water Pollution (6.3.1.2.1.6): No wells for the production of water, oil or natural gas shall be dug or operated within the development except upon the authorization of the Homeowners Association and the appropriate governmental jurisdictions. No mining occurs presently, nor is anticipated in the future. G. Waste Water Disposal (6.3.1.2.1.7): The site slopes slightly from southwest to northeast at 2 to 5% grade. Storm water runoff coefficients will increase very slightly from current non-irrigated agricultural uses because of residential and ancillary development on the 5 lots and installation of a gravel surfaced roadway (Peak Lane). No storm water retainage basin will be required. Runoff will largely be absorbed by the soils with minor runoff migrating to the existing earthen borrow ditch along the west side of Fir Avenue. Storm water drainage calculations will be included with the Storm Water Drainage Plat prior to Final Plan & Plat recording. Sewage disposal will be via individual septic systems on the respective lots. H. Wetland Removal (6.3.1.2.1.8): No wetlands exist on the site. 7 I. Erosion& Sedimentation (6.3.1.2.1.9): Landscaping and natural grasses will minimize wind and sheet water erosion. Negligible sedimentation in the Fir Avenue borrow ditch is expected. As indicated in G. above a Storm Water Drainage Plat and calculations will be included in Final Plan &Plat submittals prior to recording. J. Excavating, Filling &Grading (6.3.1.2.1.10): The site is very flat. Two existing abandoned, shallow irrigation laterals, one of which is concrete lined, will be removed and/or filled. Minor filling and grading associated with construction of Peak Avenue will occur. Normal excavation associated with home/outbuilding construction, septic systems, equestrian pathways, the access road and underground utilities is expected. Surplus spoil will be stockpiled and/or reused for landscaping. K. Drilling, Ditching or Dredging (6.3.1.2.1.11): See F and J. above. Normal soils drilling and testing associated with foundation and septic design and construction will be required. No dredging will occur. Ditching for the installation of underground utilities will be required and joint trench installations and/or plowing will be encouraged. L. Air Pollution (6.3.1.2.1.12): See B, J and K above. M. Solid Waste (6.3.1.2.1.13): See B and G above. Construction and household solid waste removal will be via private waste removal service providers, contractors or lot owners. N. Wildlife Removal (6.3.1.2.1.14): Not required. Native grasses will be planted on the open space to provide habitat for small mammals and birds. Sturdy, tightly closed containers for household refuse will be mandated by the CC&R's to rebuff pests. O. Natural Vegetation Removal (6.3.1.2.1.15): Negligible-- all vegetation being either agricultural products or weeds and grasses. P. Radiation/Radioactive Removal (6.3.1.2.1.16): 8 None, however, radon mitigation measures will be considered relative to home design and construction. Q. Drinking Water Source (6.3.1.2.1.17): Potable water will be supplied by Left Hand Water District. See Development Guide, Component Two - Service Provision Impacts, (6.3.1.2.1.9), following. R. Traffic Impacts (6.3.1.2.1.18): See Development Guide, Component Two - Service Provision Impacts (6.6.2.2.1.6), following. 9 The Peaks @ Mtn View Case Number Z-527 In the course of the Change of Zone proceedings before the Weld County Planning Commission, public concern was expressed regarding the USE of modular, manufactured, and mobile homes on the subject site. Planning Staff, at that proceeding stated that mobile homes were not allowed within the E (Estate) Zone District. The applicants' agent subsequently, in the proceeding, stated that consideration would be given to excluding such USES. It is, therefore, planned in the course of preparation and submittal of the PUD Final Plan &Plat for The Peaks @ Mtn View and its attendant Specific Development Guide and in the preparation of the required Declaration of Covenants, Conditions & Restrictions (CC&R's), that the subject PUD further restrict USES above and beyond those stated in the Weld County Zoning Ordinance dated October 12, 1997, Section 36 to specifically, exclude those USES outlined in Section 36.2.1.2, Manufactured Home per Legal Lot, as defined in the Ordinance, Definitions, Section M, page 10-13. This planned action is brought forth for consideration of the Department of Planning Services and the Board of County Commissioners to respond to the expressed concerns of adjacent property owners and to help insure the creation of an attractive, quality living environment within and adjacent to the proposed The Peaks @ Mtn View Planned Unit Development. Respectfully submitted, Linn T. Leebj Dated September 9, 1999 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Two - Service Provision Impacts (6.3.2) A. Schools (6.3.2.2.1.1): The PUD lies within the St. Vrain Valley School District, RE1J. Students will attend Erie Elementary School or the Erie Middle/Senior High Schools. Potential area growth could eventually mandate attendance elsewhere per St. Vrain Valley School District letter of September 2, 1998. The District's impact formula results in an additional 3.3 students incidental to this 5 lot project. An agreement (copy attached) has been executed with the School District which includes a "cash-in lieu of land dedication fee"of$427 per lot, payable either by the developer or owners prior to building permit issuance. Bus transportation will be required, and adequate space away from traffic lanes for waiting, loading and unloading will exist at the intersection of Fir Avenue and Peak Lane. B. Law Enforcement (6.3.2.2.1.2): The proposed PUD will be served by the Weld County Sheriff's Department. C. Fire Protection (6.3.2.2.1.3): The proposed PUD will be serviced by the Mountain View Fire Protection District. Two hydrants will be required on Peak Lane to satisfy spacing and access requirements. A Fire Flow Field'Test was performed May 11, 1999 which indicates available fire flow of 1,565 gallons per minute (gpm) at 20 psig at Weld county Road 5 and Spruce Drive. If pressure drop calculations indicate greater than 1,500 gpm at the hydrants on Peak Lane, maximum building size will be 4,800 gross square feet (gsf), and the structures will not be sprinkled. Should those calculations result in less than 1,500 gpm, building sizes will be limited to 3,600 gsf or sprinkler systems will be mandated if larger. Per Mountain View Fire Protection District letter of June 9, 1999, (copy attached), "After installation is complete a flow test will be required to determine water supply for fire protection." 10 D. Ambulance (6.3.2.2.1.4): The ambulance service provider for the area is Tri-Area Ambulance Service. A formal "Petition for Inclusion" must be tendered to Tri-Area before service can be initiated (see attached). E. Transportation (Circulation &Roadway) (6.3.2.2.1.5): Access to the PUD is directly from unpaved Fir Avenue (60 feet R.O.W.) which runs along the west side of Carmacar Ranchettes subdivision. Direct routes through Carmacar are Mountain View Street and Spruce Drive, both unpaved, which lead from Weld County Road 5. Access within The Peaks @ Mtn View will be via an unpaved curvilinear, privately maintained roadway (Peak Lane) approximately 750 feet in length. Its 60 foot right-of- way and construction will comply with Weld County standards and those of the Town of Erie as the PUD lies within 3 miles of the Town's incorporated limits. Both lane widths will be 12 feet,respectively, with 4 foot wide shoulders. The single cul-de-sac will have a driven radius of 50 feet within a 65 foot right-of-way radius. Peak Lane will intersect Fir Avenue at 90 degrees with a standard stop sign and street sign. The intersection with Fir Avenue is placed to minimize auto headlights shining into existing houses within Carmacar. The speed limit shall be 25 mph. No parking will be allowed on the road, shoulder or within the right-of-way of Peak Lane. Peak Lane is planned for installation late Fall-early Winter 1999, under the provisions of an Improvement Agreement between Weld County and the Owner. F. Traffic Impact Analysis (6.3.2.2.1.6): Given the low density of adjacent Carmacar Ranchettes, the low additional traffic impact of this proposed 5 lot residential PUD, and the fact that Fir Avenue and this PUD are essentially at a"dead-end"from a vehicular flow perspective, waiver of a Traffic Impact Analysis by the Weld County Public Works Department is respectfully requested. (Note: Per telephone conversation with Don Carroll, May 13, 1999; No Traffic Impact Analysis is required.) G. Storm Drainage (6.3.2.2.1.7): See Component One - Environmental Impacts, G - Waste Water Disposal. A Storm Water Drainage Study prepared by a licensed professional engineer in the State of Colorado will be submitted with the Detailed Development Guide and required submittals for the Planned Unit Development Final Plan and Plat. 11 H. Utility Provisions (6.3.2.2.1.8): Utility easements to be shown on the Final Plat will provide not less than 15 feet front lot width and not less than 20 feet side and rear lot width. All open space shall be available for utility installations, as well as the Peak Lane right-of-way. Water - See Section I. below. Sewer- See Section J. below Electric: Contact has been initiated with United Power, Inc. and a"Request for Electric Service"has been tendered (copy attached). Power is available in Carmacar Ranchettes and no capacity problems are anticipated. Electric lines will be underground with pad mounted transformers located in the Peak Lane right-of-way and/or platted utility easements. Joint trenching with other utilities will be encouraged. Design work is underway by United Power with installation of main feeders, taps, and transformers planned for Winter 1999-2000 and service laterals as lot owners' request. Natural Gas: Contact has been initiated with KN Energy, Inc. Natural gas is available in Carmacar Ranchettes and no capacity problems are anticipated. Natural gas lines will be underground and joint trenching with other allowed in The be encouraged. No propane tanks (except barbeque) will be Peaks @ Mtn View. A Gas Main Extension Agreement will be executed with K N Energy, Inc. Design work is underway by KN Energy with installation of mains planned for Winter 1999-2000 and services as lot owners' request. Telephone: Contact has been initiated with U. S. West Communications. Service is available adjacent to the site and no problems are anticipated. Telephone lines will be underground and joint trenching with other utilities will be encouraged. Design work is on hold pending Final Plat approval, electric design, and assignment of street addresses. No decision has yet been made regarding whether the Owner/Developer will pay for telephone service up front or whether individual customers will pay for same under U. S. West's Tariff Provisions. Construction will be scheduled accordingly. Cable TV: Contact has been initiated with Comcast. Service is available in Park Lane Estates. No problems are anticipated and joint trenching with other utilities will be encouraged. Design work is underway by Comcast. Facilities will be installed at Comcast's cost (not Owner/Developer or lot owners) as lot owners' request. 12 Satellite dishes will be allowed within the proposed PUD if screened from eye level view. 1. Water Provisions (6.3.2.2.1.8): Contact has been initiated with Left Hand Water District. Adequate capacity appears to exist via an 8" line extension at the owner/developer's cost from Fir Avenue. The extension will be installed according to Left Hand and Weld County specifications. Two fire hydrants will be required, spaced not more than 500 feet apart. The hydrants will be located in the Peak Lane right-of-way. Five tap applications and associated fees have been tendered to Left Hand Water District (5 @ $25.00 each). A Subdivision/Multiple Tap Service Agreement (copy attached) has been executed between Left Hand Water District and the Owner. Left Hand Water District will require 40% of the Plant Investment Fees in the amount of$10,470 to be paid within 10 days of Final Plat approval. Two Fire Hydrant Fund Fees totaling $2,000 will also be paid to Left Hand Water District upon Final Plat approval. The remainder of Plant Investment Fees, Raw Water or Raw Water Transfer Fees &Tap Purchase Fees will bee paid by lot purchasers prior to tap activation. All water mains, hydrants, and meter pits will be located underground and planned for installation Winter 1999-2000 with service laterals as lot owners' request.. J. Sewage Disposal Provisions (6.3.2.2.1.10): Sewage disposal will be provided via private septic systems on the 5 individual lots at lot owners expense. The systems will be designed and constructed to meet all applicable rules and regulations set forth by the Weld County Health Department, including necessary soils testing and reports. Installation will be at lot owners cost and as building permits are approved. A"Preliminary Geotechnical Investigation &Percolation Test Results & Septic System Recommendations"report dated March 3, 1999, by CDS Engineering, Loveland, CO, Project Number 99-9860 is available for perusal upon request. 13 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Three - Landscape Elements (6.3.31 See Landscape Plan, dated July 17, 1999 &Irrigation Plan dated September 26, 1999, as prepared by Peaceful Valley Studios. A. Intent (6.3.3.1): The intent of the Landscape Plan for The Peaks @ Mtn View is to insure that the landscaping and aesthetics of the site are compatible with and complementary to those of surrounding land uses and that the site will afford an attractive, inviting living environment for those inside the PHD. Goals of this Plan include: • Adopt a rural, open space theme • Provide a"sense of place"external and internal to The Peaks @ Mtn View • Provide an esthetically pleasing, inviting, transition from the adjacent Carmacar Ranchettes to the PUD • Project a crisp, rural, equestrian image which focuses on the stellar views available of Longs Peak, the Flatirons and the Indian Peaks • Provide an open space, natural buffer around The Peaks @ Mtn View • Minimize maintenance demands and water usage Concepts of this Plan include: • A stone entry and landscape statement - Owner/Developer responsibility to install — Homeowner Association responsibility to maintain • "Clustering" of landscaping elements 14 • A tree lined view corridor along Peak Lane - Homeowner Association responsibility to install and maintain • A possible equestrian/walking path within the perimeter common open space as a key amenity, depending upon market needs and the marketing plan developed to sell the lots. Owner/Developer responsibility to install — Homeowner Association responsibility to maintain • A minimum, within 3 years of Certificate of Occupancy, of not less than 10 mature trees will be required on each lot. An area surrounding an individual residence both front and side shall be fully landscaped within 12 months of issuance of Certificate of Occupancy. All landscaping must be approved by the Architectural Control Committee. The owners shall plant appropriate ground cover, dry land or native grasses on the remainder of the lots. • Xeriscaping and low maintenance (once established) materials and natural grasses • Low emittance and drip irrigation techniques • Through the efforts of the Homeowners Association: 1) encouraging residents to utilize sprinkling systems"off-sun" hours to minimize evaporative losses and 2) mandating not less than 10 mature trees on each of the 5 lots within 3 years. B. Landscaping Compatibility (6.3.3.2.3): See foregoing Section Intent, Goals & Concepts (6.3.3.1). C. Landscape Maintenance Schedule (6.3.3.2.4): See included Maintenance Specifications as prepared by Peaceful Valley Studios, September 26, 1999. All plantings will be specified to require minimal supplemental irrigation once established. Periodic fertilizing, watering and care will, however, be required for approximately the first three years subsequent to installation. The Homeowners Association will insure appropriate common area landscape maintenance occurs. The stone entryway and landscaping will require minimal maintenance and will be kept in good order (cleaning, weeding, repair and maintenance) by the Homeowner Association. Similarly, maintenance of the open space and equestrian trail/pathway (if constructed) will be the responsibility of the Homeowners Association. D. Landscape Improvements Agreement (6.3.3.2.5): A Landscape Improvements Agreement will be submitted with the Final Plan & Plat, executed between Weld County and the Owner/Developer. 15 E. Landscape Irrigation (6.3.3.2.6): See included Irrigation System Specifications,Design &Materials as prepared by Peaceful Valley Studios, September 26, 1999. Potable water, provided by Left Hand Water District through an 8" distribution line in Peak Lane will provide irrigation water. Service to the irrigation system will be taken from the domestic water supply to either Lot 1 or Lot 2 and metered via a"subtraction"meter with appropriate crediting arrangements to reimburse the lot owner incorporated in the CC&R's for The Peaks @ Mtn View. The Homeowners Association will insure common area landscape irrigation occurs. 16 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Four- Site Design (6.3.4) A. Intent (6.3.4.1): In considering various design, lot layout, building envelope, access and landscaping issues, numerous alternatives have been reviewed. The site is a flat, dryland agricultural parcel currently planted in winter wheat. Minimal relief exists across the land and slopes of 2% to 5% prevail, generally to the northeast. A single large cottonwood tree exists at the west edge of the property in the northwest quadrant. The tree will be retained. The Leyner Cottonwood Extension Ditch traverses the south edge of the site and two parallel unused irrigation laterals bisect the west half of the parcel in a north-northwesterly direction. The main ditch will not be impacted and the laterals will be abandoned, removed and/or covered. The parcel is dominated by stellar vistas of the Front Range to the southwest, west and northwest as the parcel is slightly higher in elevation than adjacent lands. Surrounding uses and view planes include: • Open fields to the south for about 1/4 mile, then views of the Park Lane Subdivision. This view is veiled, however, at eye level by the Leyner Cottonwood Extension bank. No particular impact is or will be prevalent when viewing the PUD from the south. • Open fields, scattered development, the Town of Erie, the Boulder Valley, the Flatirons and Back Range to the southwest. Minimal view impacts will exist upon development when viewed from the southwest. • The rear of a house and a large storage/equestrian arena directly to the west which encumbers that view plane. The house and arena are situated on an agricultural site.. This development will be seen from the rear of the house some 1/4+mile away. • Delightful views of Longs Peak and the Indian Peaks to the northwest across an open field. Negligible impact will be perceived when viewed from the northwest. 17 • Looking north, an oil well and storage tank, a house and outbuildings immediately adjacent to the site and scattered farms and houses down the Boulder Creek drainage to Longmont and beyond. The view plane from the north will be impacted only slightly, essentially only from the immediately adjacent house. • Northeasterly, easterly and southeasterly vision is dominated by Carmacar Ranchette. Residents along Fir Avenue will be impacted by low density development on the 5 lots as they look to the west. An attractive stone entry sign, landscaping, and new buck rail/split fence will be visible looking westward from residences along Fir Avenue. Peak Lane will be tree lined, framing and complimenting Longs Peak and Indian Peaks views. Building envelopes are designed to minimize visual obstruction from Camacar and within The Peaks @ Mtn View as much as practicable. Building envelops have been reduced to not more than 25% of each lot and Lots 1 and 2 envelopes moved westward in response to Fir Avenue homeowners' requests. The Intent of the Site Design is to: • Capture mountain vistas from the site. • Protect mountain vistas from Carmacar Ranchettes as much as practical. • Create an attractive, rural, equestrian oriented development. • Screen, enclose and veil eye level views of equipment, stored materials, etc., as viewed from both within and external to the PUD. • Provide an open space amenity surrounding the site for use by lot owners for equestrian and walking purposes. B. Unique Site Features (6.3.4.2.1.1): See foregoing Intent (6.3.4.1) C. Comprehensive Plan (6.3.4.2.1.2): In response to the Sketch Plan previously submitted, Weld County Planning Staff expressed concerns that the original Fir Avenue PUD for 8 residential lots represented "urban scale development and" - - - is not located within a municipality's comprehensive plan area, nor does it fall within a municipality's urban growth boundary." (See correspondence dated September 28, 1998, RE-468 from Mr. Ben Patton, Department of Planning Services.) As a result, this PUD Change of Zone &Final Plat Application for The Peaks @ Mtn View (flea Fir Avenue PUD) has been down-sized to 5 proposed lots. Consideration 18 under Section 5 of the Weld County PUD Ordinance 197 dated January 26, 1998 is respectfully requested. D. Uses Allowed Within Zone District (6.3.4.2.1.3): The proposed PUD Zone District will provide 5 building sites for single family housing, gardening and minor livestock activities (horses and llamas). The individual lot sizes proposed in the Development Guide range from 5- to 9- acres allowing construction of residences, utility buildings for animals/equipment and appropriate grazing and exercise areas for allowable livestock. Livestock will be limited to horses, llamas, household pets, and 4H animals. Covenant controls to prevent overgrazing will be enforced by the Homeowners Association. Outbuildings and animal enclosures must be approved by the Architectural Control Committee. E. Uses Allowed and Compatibility With Surrounding Uses (6.3.4.2.1.4): The areas surrounding this PUD include a mixture of residential housing on large lots, dryland and irrigated farming, stock grazing and stock impoundment. The"Right to Farm" covenant will be stated in the PUD's CC&R's and incorporated on all pertinent land use plats. Residents will be made aware of historical agricultural use of lands surrounding The Peaks @ Mtn View, that agricultural uses may change to other types of uses and that neighbors' longstanding practices and rights to protect their livelihood shall be protected. Any perimeter fencing of lots will be at the option of and expense of individual lot owners and/or The Peaks @ Mtn View Homeowners Association subject to the CC&R's and the approval of an Architectural Control Committee. The proposed development will be compatible with surrounding land uses. F. Flood Hazard, Geologic Hazard, Airport Overlay District (6.3.4.21.5): None. 19 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Five - Common Open Space Usage (6.3.5) A. Intent (6.3.5.1): Common open space is an essential element for creating an attractive living environment within The Peaks @ Mtn View and for providing a buffer with surrounding neighbors and land uses. Perimeter open space around the development which is accessible from all 5 lots totals 7.181 acres or 17.9% of the 40 plus acre parcel. Walking, biking, running and horseback riding will be encouraged. No motorized vehicles will be allowed, except for occasional mowing and maintenance. The open space will be 25 feet in width along the east, north and west sides of the PUD. The Homeowners CC&R's will encourage users to stay within the common open space area. Open space along the southern boundary widens and incorporates the maintenance travelway for the Leyner Cottonwood Ditch (LCD). Mutually agreeable usage, liability and maintenance provisions will be negotiated between LCD and the owners, the elements of which will be included in the CC&R's. B. Open Space Regulations (6.3.5.2.): Consistent with Planned Unit Development Ordinance 197, permanent common open space managed and owned by the Homeowners Association will be a part of this PUD. The Homeowners Association will be established before any residence are sold and membership is mandatory for each owner. The Association shall assume responsibility for liability insurance, taxes, and maintenance of the open space. C. On-Site Improvements Agreement (6.3.5.3.2.2.): An On-Site.Landscape Improvements Agreement is being submitted with the Final Plan and Plat. 20 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Six - Signage (6.3.6) Signage shall include a standard stop sign and 2 street signs (Peak Lane and Fir Avenue) on Peak Lane at its intersection with Fir Avenue. Two standard 25 mph speed limit signs will be installed approximately midway on Peak Lane, one for westbound traffic and one for eastbound traffic. Small residential address signs will be allowed as well as standard real estate sales signs or placards. Entry signage for The Peaks @ Mtn View will be incorporated into the Site Design and Landscape Plan elements. 21 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Seven - Mixed Use Development (MUD) Impact (6.3.7) Not Applicable 22 The Peaks @ Mtn View DEVELOPMENT GUIDE (6.3) (Specific) October 8, 1999 Component Eight - Intergovernmental (Agreement Impacts) (6.3.8) Not Applicable 23 St. Vrain Valley School District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 MEMORANDUM DATE: October 1, 1999 \ d TO: Linn T. Leeburg FROM: Scott Toillion, Planning Specialist RE: Cash-in-lieu agreement - The Peaks @ Mtn. View Thank you for providing the information on this development. Enclosed is the standard agreement for Weld County development proposals which identifies the cash-in-lieu requirements. This development would be required to pay $427 per single-family unit prior to the issuance of a building permit. The note to be placed on the plat is as follows: "No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". Please review the agreement to make sure the ownership information is correct. We will also need from you the legal description which could be labeled and attached as Exhibit A. Once this agreement and its requirements are implemented the District concerns would be satisfied. Please let me know any questions you may have. cc: Ken Kirkland, Assistant Superintendent for Auxiliary services Ben Patton, Weld County Department of Planning Services EXiQT 1 "Prrollonro - fur only ()Winn" AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 1999, between the St. Vrain Valley School District RE-1J ("School District") and Karen Libin ("Developer"). WHEREAS, Developer has brought forward a development proposal to Weld County within the School District boundaries known as the The Peaks @ Mtn. View located in a portion of the Southeast Quarter of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado, depicted on Exhibit A and desires to develop the property for residential purposes (the property and development are hereinafter collectively referred to as the "Project'); WHEREAS, the Developer acknowledges that the Project will have an impact upon the School District due to the predictable increase in the number of school age children who will reside in the Project and be attending school within the high school feeder attendance boundaries serving the Project and due to the consequential increase to the School District in the cost of providing and maintaining adequate educational facilities to serve the future residents of the Project; and WHEREAS, the Developer desires to mitigate a portion of such costs by paying a cash in lieu of land dedication fee for school purposes ("In-Lieu Fee") which would be reasonably necessary to serve the Project and the future residents thereof, as provided herein; and WHEREAS, the School District in reliance upon the Developer's obligations hereunder is willing to forebear from recommending against approval of the Project on the basis of inadequacy of school sites. THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this Agreement,the parties agree as follows: 1. f ilvose and Intent It is recognized that the Project will create an additional need for new schools or the expansion of existing schools in order to adequately provide for the educational needs of elementary, middle school, and senior high school students who are expected to reside in the Project in the future. The purpose of this Agreement is to provide for the payment of In-Lieu Fees prior to the issuance of the building permits. 2. pgtermination of Land Dedication or In-Lieu Fee Reauirements. The parties acknowledge that it is reasonable to determine the expected demand the Project will have on the need for school sites and, therefore, the amount of In-Lieu Fees, by the method provided in this Agreement. 2.1 School District Planning Standards The School District's planning standards, as of the date of this Agreement, related to: (i) student yields for each school age level for single-family dwelling units; (ii); facility enrollment capacities, and (iii) school site acreage requirements (collectively referred to as the "School Planning Standards"), are set forth on Exhibit B, attached to and incorporated into this Agreement. Exhibit B illustrates how the School Planning Standards would be applied to this project for 5 new single-family lots to determine the land dedication or In-Lieu Fee requirements, based upon the fair market value of land. The Developer and the School District agree that these School Planning Standards, land dedication requirements and the fair market value of the land identified on Exhibit B are reasonable and shall apply to the Project as currently submitted to the School District. In the event of future revisions of the Project, including, without limitation, final or future platting within the Project different from or beyond those currently being submitted for approval, the School District, at its option, may require that its then current School Planning Standards and land values be applied to such areas. If such adjustments result in additional land dedication requirements or In-Lieu Fees for the Project, they shall be modified and conveyed or paid as provided below in section 3. 2.2 j.and Dedication or In-Lieu Fee. Prior to or at the time the Developer submits any Page- 1 of 5- 10/1/99 proposed development plans (including any revisions to previously approved plans) for the Project to the relevant local governmental entity that has planning jurisdiction over the Project, the Developer will meet with the Superintendent of the School District or a designee for the purpose of determining whether the School District desires the dedication of any land for schools within the Project,consistent with the School Planning Standards. In the event the dedication of sites or land areas is not deemed feasible or in the best interests of the School District, as determined by the Superintendent or designee, the School District may require that the developer pay to the School District an In-Lieu Fee per the planning standards indicated in Section 2.1 and Exhibit B. For the 5 units proposed in the current development plan, the In- Lieu Fee requirement will be applied and not a land dedication requirement. 2.3 Computation of In-Lieu Fees The In-Lieu Fee shall be computed as indicated in Section 2.1 and Exhibit B. In the event the governmental entity with jurisdiction over this property has adopted a land dedication/cash-in-lieu ordinance, the In-Lieu Fee shall be computed using the then- current land valuation applied by the governmental entity with jurisdiction over this property as of the time the In-Lieu Fee is paid. 3, Time of Payment The time for payment of the In-Lieu Fee, as required under this Agreement, shall be determined as follows: In-Lieu Fees shall be paid prior to the issuance of residential building permits for the Project. The fees shall be made payable to the St. Vrain Valley School District RE- 1J at the District Offices located at 395 South Pratt Parkway, Longmont, Colorado 80501-6499. The District shall issue a receipt which will document to the County that the Cash-in-lieu requirements have been met. 4. Application of Funds. The School District agrees that any amounts received under this Agreement from the Developer will be used for capital facilities planning, site acquisition and development or school facility capital outlay purposes within the senior high school feeder attendance area boundaries that include the Project. The time for and nature, method, and extent of such planning or construction shall be within the sole discretion of the School District. 5. Separate Obligations. The Developer acknowledges and agrees that the provisions of this Agreement are separate and distinct from and in addition to other requirements set forth or imposed by any local governmental entity with planning jurisdiction over the Project. 6. Term This Agreement will be effective as of the date set forth above and shall remain in effect through December 31, 2020, unless terminated earlier by the written agreement of the parties. 7. Sucre. snrs and Assians Bound This Agreement and each term, provision, covenant, restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and inure to the benefit of, all successors, transferees, trustees, grantees, owners, and assigns of any rights, title, or interest in any portion, residential lots, or parcels of the Project. 8. Fntirety of Agreement. This Agreement is the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, terms, conditions, representations, and discussions, whether oral or written, which may have been made by the parties, or their representatives, concerning the matters set forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have not made any promise, representation, or warranty whatsoever,whether express or implied,written or oral, not contained herein, concerning the subject matter hereof, to induce the execution of this document. 9. Assignment, The Developer may assign any of its rights or obligations under this Agreement to any subsequent owner of all or any portion of the Project or any right, title, or interest therein in accordance with this section. Upon any assignment hereof,the assignee shall become liable for the payments provided for herein and for the performance of all other agreements, terms, conditions, and Page-2 of 5 - 10/1/99 covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with respect to that portion of the Project. No assignment shall be effective to release the assignor from liability hereunder unless the assignee of this Agreement assumes and undertakes in writing to keep, observe, and perform all of the agreements, terms, conditions, and covenants contained herein and provides a verified copy of such assumption and assignment to the School District. Under any such assignment in accordance with this section, the assignor shall be released from liability under this Agreement to the extent of that portion of or interest in the Project assigned. 10. Attorneys' Fees and Costs. Each party shall bear its own attorneys' tees and costs incurred in the negotiation of this Agreement. 11. Amendment or Waiver No charge, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in writing signed by the parties hereto. 12. Partial Invalidity. If any of the terms, provisions, covenants, restrictions, or conditions of this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid, unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions, covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect. 13. Venue and Applicable Law Any action arising out of the provisions of this Agreement shall be brought in the Boulder County District Court and the construction and effect of the terms and agreements contained herein shall be governed by the laws of the State of Colorado. 14. Enforcement 14.1 Restrictive Covenant to Run with the Land. This payment of any In-Lieu Fee required under this Agreement shall be a precondition to the issuance of a building permit for any residential development on any portion of the Project. This obligation shall constitute a restrictive covenant that runs with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right, title, or interest in all or any portion of the Project. A plat note shall be added which identifies the following: "No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". 14.2 j ien and Foreclosure. Any payments required under this Agreement shall be a continuing lien upon the Project. If not paid as required hereunder,the School District may bring an action at law or in equity against the Developer, its successors, and assigns or may foreclose the lien against the Project subject to the obligation. 14.3 Fnforcement Fees and Costs. Time is of the essence of this Agreement. If any payment is not made as required herein, the School District may commence an action for legal and equitable remedies without further notice or demand. In the event it becomes necessary for either party to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose any lien created hereunder,the substantially prevailing party in any such enforcement proceeding shall be entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys'fees and costs. 15. Recording of Agreement. A copy of this Agreement may be recorded in the offices of the County Clerk and Recorder of the County where the property is situated. Page-3 of 5- 10/1/99 16. Notices Any notice required or permitted by this Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. If given by mail, notice shall be effective three days after it has been deposited in the United States mail depository, certified with return receipt requested, with sufficient postage for delivery, and, unless a new address is designated in writing hereafter, addressed as follows: St. Vrain Valley School District RE-1J Attention: Assistant Superintendent for Auxiliary Services 395 South Pratt Parkway Longmont, Colorado 80501-6499 Developer: Karen Libin 1531 Broadway Boulder, CO 80302 17. Authority The person signing on behalf of the Developer represents that he or she is authorized to act on behalf of the Developer for purposes of executing this Agreement, and that Developer is in good standing, and is authorized to do business, in Colorado. 18. ,Severability, Each provision of this Agreement shall be severable. If any provision is held invalid, contrary to or in conflict with any law or regulation by a tribunal with competent jurisdiction, remainder of this Agreement shall remain in effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. SCHOOL DISTRICT: ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J By: Assistant Superintendent for Auxiliary Services STATE OF COLORADO ) SS COUNTY OF BOULDER ) The foregoing was subscribed and sworn to before me this day of 1999, by as Assistant Superintendent for Auxiliary Services for the St. Vrain Valley School District RE-1J. Witness my hand and official seal. My Commission Expires: Notary Public Page-4 of 5-10/1/99 DEVELOPER: By: ea& STATE OF COLORADO ) ) SS COUNTY OF WELD ) it/ The for ing was bs ribed nd sworn to befo me ihi f " day of tere4la- -2 1999 by _ as _ of the fitness my hand and official seal. M ommission Ix i s:_ o v wWr p Art / ri Notary P li 1 tr'� 'UBU - 9.: r' OF COvcr' fay Comm.Expires 06126/1003 Page-5 of5-10/1/99 ExhiL. 1 School Pla,. .ag The Peaks @ Mountain view Standards And Calculation of In Lieu Fees Single Family School Planning Standard Number Projected Student Site Size Acres of Developed Of Student Facility Standard Land Land Cash-in-lieu Units Yield Standard Acres Contribution Value Contribution Elementary 5 0.35 525 10 0.03 $25,100 1 .75 Middle Level 5 0.14 750 25 0.02 $25,100 0.7 High School 5 0.17 1200 40 0.03 $25,100 0.85 Total 3.3 0.09 $25,100 $2,134 Single Family Student Yield is .66 _ $427 Per Unit 10/1 /99 ouNTgj& MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 illlel (303) 772-0710• FAX (303)651-7702 e. heW bra //h June 9, 1999 Mr. Ben Patton Weld County Planning Department 1555 North 17th Avenue_._ Greeley,CO 80631 Dear Mr. Patton: I have reviewed the submitted material pertaining to the change of zone for the Peaks at Mountain View P.U.D. (Case Number: Z-527). The Fire District does not object to the proposed zone change. Final utility plans showing the location of fire hydrants and water main sizes will need to be submitted to the Fire District for review and approval. After installation is complete a flow test will be required to determine the available water supply for fire protection. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, c ,._Cf- - ?A-0-C\ LuAnn Penfold Fire Marshal LMP/Ip cc: Tom Russell, 557 Rider Ridge Drive,Longmont, CO 80501 Linn T.Leeburg, 707 Hawthorn Avenue,Boulder,CO 80304 project file file 1906.09.99 Slalon 6 Station] St1097ation W 2 StationBox J .O. on 4 Station 5 P.O.90.40 Station 1 P.O.9os 5]5 P.O.Box 11 10911 pobON Run P.O.801 669 9119 gmo t.COBd. Long ont 130 Briggs 100 Sc,Forest St. Long 0501 C Longmont,CO 299 . 8 8500.CO Road Lafayette. COCA Erie,CO 80516 Oaeo10.CO 80514 80501 80504 Mead.COrA 80542 NMot.CO 80544 NpuNrq,y MOUNTAIN VIEW FIRE PROTECTION DISTRICT p Administrative Office: 9119 County Line Road • Longmont, CO 80501 (303)772-0710•FAX(303)651-7702 VIEW May 11, 1999 Mr. Linn T. Leeburg 707 Hawthorn Avenue, Suite 207 Boulder, CO 80304 RE: Hydrant Test • Dear Mr. Leeburg The hydrant located at WCR 5 and Spruce Drive was tested today at 10:02 am. The following readings were taken: Static pressure: 147 pounds per square inch Flow pressure: 57 pounds per square inch Picot Reading: 60 pounds per square inch These readings result in an available fire flow of 1565 gallons per minute at 20 pounds per square inch. I have included a copy of the calculations for your information. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: LuAnn Penfold, Fire Marshal Station 1 Station 2 Station 3 Station 4 Staten 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Hun P.C. ox�66 100 So.Box 40 St. LmgmonL CO Longmont,CO 299 Palmer Ave. 9500 Meet Road Lafayette,CO Ede. BO 80616 100Oac So.008t St. 80501 90504 Mead,CO 80542 Niwot,CO 90644 80026 Hydrant Flow Calculations Location of Tested Hydrant: WCR 5 and Spruce Drive Date of Test: 5/11/99 Time of Test: 1002 Hydrant Outlet Coefficient: _0.9 ! Hydrant Outlet Size: 2.5 V Static Pressure: 147 psi Residual Pressure: 57 psi Pitot Pressure: 60 psi Pumper Outlet Coefficient: 1 Calculated Flow: 1300 gpm @ 57 psi Available Fire Flow: 1585 gpm t 20 psi Instructions for Inclusion Of Real Property into Tri-Area Ambulance District 1. A Petition for Inclusion must be executed before a notary public by 100% of the owners of the real property to be included into the District. 2. An accurate legal description of the real property to be included into the District must be attached to the fully executed Petition for Inclusion. 3. The fully executed Petition for Inclusion must be filed with the District at the following address: Tri-Area Ambulance District 204 Oak Street P.O. Box 708 Frederick, CO 80630-0708 (303)833-4824 4. Upon receipt of the Petition for Inclusion, the Board of Directors of the District will set a public hearing at which the Board will consider the petition. 6. At such public hearing, upon approval of the Petition, the Board will issue an Order of Inclusion, which will be filed with the Weld County District Court with a request that the District Court Judge issue a final Order of Inclusion. 6. Upon issuance of the Order of Inclusion by the Weld County District Court Judge, the Order will be recorded with the Weld County Clerk and Recorder, and the Inclusion will be effected. PETITION FOR INCLUSION In the matter of Tri-Area Ambulance District, Weld County, Colorado TO THE BOARD OF DIRECTORS OF DISTRICT: The undersigned Petitioner(s), being the fee owner(s) of 100% of the real property hereinafter described, hereby pray(s) that such property be included within the Tri-Area Ambulance District, as provided by law, and for cause, state(s): 1 . That such property is capable of being served with facilities of District 2. That assent to the inclusion of such property in District is hereby given by the undersigned, who constitute(s) the fee owner(s) of 100% of such property. 3. That there shall be no withdrawal from this Petition after consideration by the Board, no shall further objections be filed thereto by the Petitioner(s). 4. That the inclusion of such property into District shall be subject to any and all terms and conditions established by the Board and accepted by Petitioner(s), and to all duly promulgated rules, regulations and rates of District. 5. That the property owned by Petitioner(s) and sought to be included in District is accurately described as follows: See Exhibit A Attached hereto and incorporated herein by this reference. PETITIONER(S) Namq// e& 'L . Name: Name: Name: STATE OF CO RADO ) ss, COUNTY OF - ) The F eAgoin instr nt as cknowed ed re me /, � ' :' / this.!_�.�-- day��- , 1 � by - - Notary Public -I/ / /,� .e'k) AO"�•_r+nRr �,�� My Commission Ex• r--: AT,_O1-AR i4, 4 , 4 cL\ jF 1,\\OFCOV__— My Comm.Expires 06/26/2003 EXHIBIT A (Property Description) Lot B, Recorded Exemption No. 1467-5-4-RE 2150, according to the Plat recorded April 8, 1998 as Reception No. 2605235, being a portion of the southeast quarter of Section 5, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, within and encompassing The Peaks @ Mtn View PUD at approximately 5401 Fir Avenue, Carmacar Ranchettes, Erie, CO 80516. 24 Hello