HomeMy WebLinkAbout20000479.tiff (�,,1 APPLICATION FLOW SHEET
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COLORADO
APPLICANT: Robert Winter, Winter Knolls PUD CASE #: S-51O
REQUEST: Planned Unit Development Final Plan Application
LEGAL: Lot A of RE-1694, pt of the NW4 of Section 14, T6N, R67W of the 6th P.M., Weld
County, Colorado
LOCATION: South of and adjacent to WCR 70, approximately/ mile east of WCR 21
PARCEL ID #: 080714000021 ACRES: 9.91 acres
Date By
Application Received 10/18/99 JAC
Application Completed 10/18/99 JAC
Referrals listed 10/21/99 JAC
Design Review Meeting (PUD) n/a
File assembled /c `= }
Letter to applicant mailed c `" _
Referrals mailed ,C
Chaindexed
Vicinity map prepared
Field check by DPS staff ///./P //it
Administrative Review decision: O1917L� i/ Iy/02 -111(
Jl'' Date Y By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared /O/?S
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts
Zoning PUD
Airport Yes_ No_x_
Geologic Yes No_x_
Flood Hazard Yes_x_ No
Panel#080266-0605D
2OOO-0479
� ti P.U.D Final Plan
wokAdministrative Review
COLORADO
CASE NUMBER: S-510
PLANNER: Julie A. Chester
APPLICANT: Robert Winter, Winter Knolls PUD
ADDRESS: 33652 WCR 21, Windsor, CO 80550
REQUEST: Final Plat for a PUD for 4 Estate Zoned lots with 1.62 acres Open Space
LEGAL DESCRIPTION: Lot A of RE-1694, pt of the NW4 of Section 14, T6N, R67W of the 6th
P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 70, approximately 1/2 mile east of WCR 21
ACRES: 9.91 acres PARCEL # 080714000021
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 7.4
of the PUD Ordinance.
2. The request is in conformance with Section 7.4.3. of the PUD Ordinance., as
follows:
a. Section 7.4.3.1--That the proposal is consistent with the COMPREHENSIVE
PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable,
and any IGA in effect influencing the PUD.
1) A. Goal 1 states, "Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture". The proposal is
a marginal agricultural property of approximately 10 acres which is split from
the farm by the Winter, Wacker and Matthews irrigation ditch and has been
subdivided through the Recorded Exemption process. The U.S.D.A. Soils
map designates this parcel as prime farmground, however due to the size of
this parcel it is difficult to farm.
2) PUD. Policy 4.1 states, "the design of a Planned Unit Development (PUD)
should ensure compatibility and harmony with existing and planned uses on
adjacent properties within the PUD. Surrounding land use activities at this
location include one rural residential home and agricultural activities. This
proposal appears to be compatible with surrounding uses.
3) UGB. Goal 2 states, "to concentrate urban develc lent in or adjacent to
existing iicipalities or the 1-25 Mixed Use Ltsvelopment area, and
maintain urban growth boundary areas that provide an official designation
between future urban and non-urban uses. This proposal lies approximately
one mile outside of the urban growth boundary areas of the Towns of
Windsor and Severance. This proposal is for four estate lots and is
consistent with the definition of non-urban scale development as defined in
the Weld County PUD Ordinance.
b. Section 7.4.3.2--That the USES which would be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District contained in
Section 2 of this Ordinance. All of the Performance Standards have been
addressed prior to Administrative Review of the Final Plan.
c. Section 7.4.3.3--That the USES which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by the
COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities.
The uses which would be allowed on the subject property by granting the final plat
will be compatible with the surrounding land uses.
d. Section 7.4.3.4--That adequate water and sewer service will be made available to
the site to serve the USES permitted within the proposed PUD in compliance with
the Performance Standards in Section 2 of this Ordinance. Adequate water and
sewer service can be made available to the site to serve the uses permitted within
the proposed zone district. Domestic water and water for fire protection shall be
provided by North Weld County Water District. Each lot for the proposed minor
subdivision shall have an Individual Sewage Disposal System (ISDS) installed per
the Weld County Health Department requirements and specifications.
e. Section 7.4.3.5-- That STREET or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the
traffic requirements of the USES of the proposed PUD Zone District. The
Improvements Agreement has been completed and accepted by the Public Works
Department and Weld County Attorney's office, which covers collateral for Private
Road Maintenance, Public Road Maintenance and Landscaping. The Improvements
Agreement will be scheduled before the Board of County Commissioner's for final
approval.
f. Section 7.4.3.7--That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. The site does not lie within any
overlay district identified by the maps officially adopted by Weld County. The
proposed rezoning does not contain the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extraction to any greater extent than under
the present zoning of the property. The Weld County Building Inspection
Department requires engineered foundations for the residential structures designed
by an engineer or architect licensed by the State of Colorado. A Geotechnical
engineering report with engineered blueprints are required for the foundation and
structure of any residential structure.
g. Section 7.4.3.8--If compatibility exists between the propc d USES and criteria
listed in the Det pment Guide, and the Final Plan exactly conforms tc the
Development Guide. The proposed PUD Final Plan USES are compatible with the
criteria listed in the Developmental Guide. The PUD Final Plan exactly conforms
to the Developmental Guide.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
a. The plat shall include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
b. The applicant shall obtain approval of the Restrictive Covenants for the Winter PUD
Final Plan from the Weld County Attorney's Office and be ready for recording in the
Office of the Clerk and Recorder.
c. The applicant shall demonstrate recording information of all easements which
are shown on the plat. (Planning)
d. Evidence that the Colorado Division of Water Resources has approved the Water
Supply Information Summary which shall be submitted to the Department of
Planning Services. (Planning).
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat
as notes prior to recording:
a. The Final Plat allows for four(4) Estate zoned lots and an Open Space lot consisting
of 1.62 acres. The Change of Zone allows for Estate uses (4 lots) which shall
comply with the Estate Zone District requirements as set forth in Section 36 of the
Weld County Zoning Ordinance. The common open space shall be owned and
maintained in accordance with Section 6.3.5 of the Planned Unit Development
Ordinance (Ordinance 197). (Dept. of Planning Services)
b. Water service shall be provided by the North Weld County Water District. (Health
Dept.)
c. The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department, and The Weld
County Department of Planning Services. (Planning)
d. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Planning)
e. Outdoor storage shall be screened from public rights of ways, and adjacent
properties. (Planning)
f. An individual sewane disposal system, is required for each Dposed home. Each
system shall be ir. .Iled according to the Weld County Individual Sewage Disposal
Regulations. (Health Dept.)
g. Silt fences shall be maintained on the downgradient portion of the site during all
phases of construction on all lots in the development. (Health Dept.)
h. The open space maintenance shall include removal of manure in a manner that will
prevent nuisance conditions and will not allow runoff. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies,
insect pests or pollutant runoff. (Health Dept.)
i. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
j. The maximum permissible noise level shall not exceed the residential limit of 55
db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health
Dept.)
k. The site shall be developed in accordance with the recommendations contained in
the Geologic and Mineral Evaluation prepared by Jeff Couch, TEAM Engineering,
Inc. (Dept. of Planning Services)
I. Any signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance Design Standards. (Dept. of
Planning Services)
m. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
n. Approval of this plan may create a vested property right pursuant to Section
90 of the Weld County Zoning Ordinance.
o. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD
Ordinance.
3. The Final Plat shall be submitted to the Department of Planning Services for recording
within 30 days of approval by the Department of Planning Staff. (Planning)
/ if (17/r
Julie A. Ckester
Lead Planner
(ita DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FM 17TH(970)
17TH
1555 N. 1 AVENUE GREELEY, COLORADO 80631
C.
COLORADO
October 25, 1999
Robert Winter
33652 WCR 21
Windsor, CO 80537
Subject: S-510 - Request for approval of a Planned Unit Development Final Plan Application on a
parcel of land described as Lot A of RE-1694, part of the NW4 of Section 14, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Winter:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for
Thursday, December 9, 1999, at 10:00 a.m. This meeting will take place in the Weld County Planning
Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Severance and Windsor Planning Commissions for their review and comments.
Please call the town of Severance at 970-686-1218 and the town of Windsor at 970-686-7476, for
information regarding the date, time and place of the meeting and the review process.
It is recommended that you and/or a representative be in attendance at each of the meetings described
above in order to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please feel free to call me.
Sincergly,
/r)/
fGCGci/ �/. ( ic'1�
June Chester
Planner
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY: 1
Case Number 6-- 5") t_> Application Fee: `_, 33 • c r
Zoning District •j_p LA, Receipt Number
Date_LL c` /.-. i ),j Application Checked By: -:1
Planner Assigned to Case: _L At__
BE COMPLETED BY APPLICANT. (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
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 DESCRIPTION: Lot
11 or Kecdai J xeAf/t/4 /iii. OW - 88- ?- aIi9�
(If additional space is required, attach anadditional sheet of this same size.)
PARCEL NUMBER: 0 S 0 7 I i 0 0 0 0 2_ 1 (12 digit umbe found on Tax I.D. or obtained in Assessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION W14 1'e( Knolls P. ti, 0 •
EXISTING ZONING P. ii. D. CHANGE OF ZONE CASE
NUMBER Z - SI er
TOTAL AREA (ACRES) 7. 1/ TOTAL AREA(acres) OF COMMON OPENSPACE 1. 6l
NO. OF PROPOSED LOTS II LOT SIZE: AVERAGE I 'Z MINIMUM 1.7t
UTILITIES: WATER: NAME QI0ft4f(!j "ifIj Coil f4/ ff 1 $ Ira 1
SEWER: NAME POO - IS S /
GAS: NAME iU(�IrL Sf'ilL(e Cry &0t(f/(!a4
PHONE: NAME 4 •j L/{(t (c ��rm�tTthti/CaTodJ
ELECTRIC: NAME ik(' Sindlie ~(,� Qt CoIo(€tdO
( � ur
DISTRICTS: SCHOOL: NAME ��fll Ccria � e 7 �l
FIRE: NAME W1/1ditr - 5Veruere Fife fag:WIN Qstt!(f
ENGINEERS ,/A ME --ea let i i?C. Tt'ff(t fO�Cti1— PHONE ?le - (1)- f'ol )
ADDRESS //Y 1 1 S ree Yt 0fOP. PHONE
f
SURFACE FEE (PROP RTY OWNE_RSOF AREA PR POSED FOR PUD FINAL PLAN:
NAME: Min 7 Ja €1 /i . V mr HOME TELEPHONE: 110-Gr c0 31
ADDRESS: 3Wb?Z WCR 'l Winds Co ?e BUS. TELEPHONE:
NAME: 1 HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than abovj
NAME: / HOME TELEPHONE:
ADDRESS: N1/4 BUS. TELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME:
ADDRESS: NM-
..7
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'--i-1 7-2 Z--? (
—Signature: Owner uthorized Agent
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From Section # 7.3 of the Weld County PUD Ordinance Comments Check
7.3.1 A recorded Change of Zone plat which delineates the
proposed USES.
7.3.2 A copy of a certificate of title issued by a title insurance
company or an attorney's opinion of the title which shall
set forth the names of all owners of property included in
the PUD Final Plan. The list shall include all mortgages, ✓
judgements, liens, easements, contracts, and
agreements of record in Weld County which shall affect
the property in the PUD Final Plan. If the attorney's
opinion or certificate of title discloses any of the above,
the holders or owners of such mortgages, judgements,
liens, easements, contracts, or agreements shall be
required to join in and approve the application before the
PUD Final Plan shall be acted upon.
7.3.3 A certificate of title or an abstract of title covering all Nit pt''
PUBLIC dedications. When the applicant is to dedicate
land for schools, roads, parks, or other PUBLIC
purposes, a letter of intent from the appropriate PUBLIC
agencies stating that the dedicated lands will be
accepted.
7.3.4 A warranty deed or other suitable document ready to ,, \\ m
record which deeds to the appropriate PUBLIC body all 1.14 N.;o wV
lands other than STREETS which are to be held for or
used for PUBLIC purposes. The warranty deed or
suitable document shall be recorded prior to the
recording of the Final Plat.
7.3.5 Certificate from the County Treasurer showing no
delinquent taxes special assessments on the property of
the proposed PUD Final Plan.
7.3.6 Certificate from a qualified engineer in the State of
Colorado responsible for the design of the utilities.
1
7.3.7 Copies of all deed restrictions, including those required
S
by the Board of County Commissioners to govern the S
future USE of all land in the PUD, covenants, grants of C) g
easements or restrictions to be imposed upon the USE of
the land, BUILDINGS and STRUCTURES.
7.3.8 An Improvements Agreement according policy regarding 5 t
1-112 k
collateral for improvements. This form is provided by the
Department of Planning Services. The applicant will SQa�s YS
complete this form showing the improvements that the 1
applicant is required to construct and the type of f;r.e.�^'f'`
collateral which will guarantee installation of
improvements. Improvement Agreements shall comply
with Sections 12 and 13 of the Subdivision Ordinance.
7.3.9 Evidence from the appropriate jurisdiction stating that the
street and/or highway facilities providing access to the
property are adequate in functional classification, width, pco ✓
and structural capacity to meet the traffic requirements of
the USES of the proposed zone district.
7.3.10 A separate off-site road improvements agreement 0 \A—
proposal. The off-site road improvement proposal shall
describe, in detail, the type of off-site road improvements �^�����'�y
to determine if the requirement for STREET or highway C U
facilities will be adequate in functional classification, U!
width, and structural capacity to meet the traffic
requirements. The method of guaranteeing the
installation of off-site road improvements shall be
described as part of the agreement. The method of
guarantee shall conform with Weld County's policy
regarding Collateral for Improvements.
7.3.11 A PUD construction schedule showing the approximate 15-1,) ✓
dates when construction of the development is proposed
to start and finish. This shall describe the stages in
which the development will be constructed, and the
number of BUILDINGS or STRUCTURES, and the
amount of COMMON OPEN SPACE to be completed at
each stage.
2
7.3.12 A statement describing the method of financing for the
development. The statement shall include the estimatedIpWL, ,1•SI
construction cost and proposed method of financing of /
the street and related facilities, water distribution system,
sewage collection system, flood plain protection, storm UIJ�
drainage facilities, and such other facilities, as may be
necessary.
7.3.13 A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of property (the
surface estate)within five hundred (500) feet of the
property subject to the application. The source of such
list shall be the records of the Weld County Assessor, or
an ownership update from a title or abstract company or
attorney, derived from such records, or from the records
of the Weld County Clerk and Recorder. If the list was
assembled from the records of the Weld County
Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application
submission date.
7.3.14 A certified list of the names and addresses of mineral
owners and lessees of mineral owners on or under the
parcel of land being considered. The source of such list
shall be assembled from the records of the Weld County
Clerk and Recorder, or from an ownership update from a
title or abstract company or an attorney derived from
such records.
7.3.15 A statement indicating that the proposed PUD Final Plan
is in compliance and meets all criteria as set forth in the
Change of Zone. The statement should demonstrate a
detailed description of the USES on site and demonstrate
how the Development Guide has been followed and
adhered to.
7.3.16 A Final Plan plat map in compliance with Section 9.2 of . tami
this Ordinance. r ab
3
7.3.17 A Landscape Plan in compliance with Section 9.3 of this Jl�
Ordinance.
7.3.18 A Utility Map in compliance with Section 9.4 of this 01'1'11'11 (0�h
Ordinance.
4
TEAM
engineering
October 7, 1999
Ms. Julie A. Chester
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
RE: P.U.D. Final Plan for Winter Knolls P.U.D.
Dear Julie:
The following information is provided to assist with your review of the P.U.D.
Final Plan for the Winter Knolls P.U.D. located in the Northwest Quarter of
Section 14, Township 6 North, Range 67 West of the 6th P.M., Weld County,
Colorado. The numerical sections correspond to the submittal list itemized in the
Application Requirements for a P.U.D. Final Plan as shown on pages 20 and 21
of the Planned Unit Development Submittal Checklist as follows:
1. A completed application form signed by the property owner is attached.
2. A recorded Change of Zone Plat for Zoning Case Z-518 is attached.
3. A commitment of Title Insurance prepared by Transition Title Insurance
Company as Commitment No. 8046850W is attached.
4. The above mentioned "Commitment for Title Insurance" includes the
proposed street dedication area identified as Winter Way.
5. No public land dedication or conveyance other than public streets is
proposed as part of this project. No conveyance documents will be
required.
6. A certificate from the County Treasurer showing no delinquent taxes or
special assessments are due on the property within the proposed Final
Plan is attached.
114 East 5th Street Loveland, CO 80537
Office. 970-613-2040 • Fax: 970-613-2038 • Toll-free: 1-888-404-3612
Ms. Julie A. Chester
Department of Planning Services
October 7, 1999
Page Two
7. A Utility Plan for water line extension is provided with this information.
The Utility Plan is stamped by a Colorado Registered Professional
Engineer.
8. No deed restrictions are proposed as part of this project. A copy of the
proposed covenants is attached. Proposed easements are shown on the
Final Plat.
9. Exhibit A and Exhibit B from the Weld County Improvements Agreement
Policy Regarding Collateral for Improvements (Private Road Maintenance)
are attached.
10. A copy of the response to the Change of Zone Request by Donald Carroll
dated 10-9-98 is attached. Winter Way is to be a gravel, local roadway
connected to Weld County Road 70.
11. An off-site road improvements agreement is not required. Off-site road
improvements are not included as part of this development.
12. A P.U.D. construction schedule is attached. All work is to be completed
as a single phase.
13. A Letter of "Credit" No. J43 12 1243826 is provided by Farm Credit
Services. Financing for public improvements will be provided by Farm
Credit Services. A construction estimate is included with this letter.
14. A certified list of adjacent property owners is attached.
15. A certified list of mineral owners and lessees is attached.
16. A statement indicating that the proposed P.U.D. Final Plan is in
compliance with the approved Change of Zone is attached.
17. Twenty-five copies of the Final Plat prepared by King Surveyors, Inc. are
attached.
18. Twenty-five copies of a Final Plan and Landscape Plan prepared by Team
Engineering, Inc. are attached.
Ms. Julie A. Chester
Department of Planning Services
October 7, 1999
Page Three
19. Ten copies of a Utility Plan prepared by Team Engineering, Inc. are
attached.
In addition, a Final Plan Drainage Report and Plan is included with the submittal
package.
Please review this material at your earliest convenience and feel free to contact
me at (970) 613-2040 if you need additional information.
Sinc r X
if
ff ch, P.E.
m Engineering, Inc.
Cc: Bob and Janet Winter
PLANNED UNIT DEVELOPMENT FINAL PLAN
DRAINAGE REPORT
FOR
WINTER KNOLLS P.U.D.
Prepared for:
Robert J. &Janet A. Winter
33652 WCR 21
Windsor, CO 80550
(970) 686-2037
October 6, 1999
Prepared by:
Jeffrey W. Couch, P.E.
TEAM Engineering, Inc.
114 East 51" Street
Loveland, CO 80537
(970) 613-2040
Planned Unit Development Final Plan
Drainage Report
For Winter Knolls P.U.D.
A. Introduction
This report is prepared as part of a Planned Unit Development Final Plan
for the proposed Winter Knolls P.U.D. The intent of this report is to identify
existing drainage patterns and determine any impacts to these patterns which
may be created by the proposed development as required by Component Two —
Service Provision Impacts, Paragraph G "Storm Drainage" of the Weld County
PUD Development Guide Requirements.
B. Site Description
The Winter Knolls P.U.D. is proposed to subdivide 9.909 acres of irrigated
farm ground into four (4) residential tracts averaging 1.82 acres each. The
project is located along WCR 70 approximately one-half mile east of WCR 21
and almost directly half way between Windsor, Colorado and Severance,
Colorado. (See Figure 1 — Vicinity Map.) The property is more specifically
described as Lot A of Recorded Exemption No. 0807-14-2-RE 1694 located in
the Northwest Quarter of Section 14, Township 6 North, Range 67 West of the 6th
Principal Meridian, Weld County Colorado.
As cultivated farm ground, the proposed site is typically bare except during
the growing season. No structures currently exist on the site. Adjacent parcels
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for one-half mile around the subject site are also vacant, cultivated fields used for
crop production.
The specific site is composed of Kim Loam soils with slopes between one
(1) and three (3) percent. These soils are suitable for residential development
and septic systems. The site is unique because it is elevated approximately ten
(10) feet above adjacent parcels. (See Figure 2 — Site Cross Section.) It is also
unique because, unlike adjacent parcels which are irrigated by gravity ditch
systems, irrigation water for this parcel needs to be pumped via a pipeline. The
distinct irrigation patterns can be seen on aerial photos of this area. (See Figure
3 —Aerial Photo— Crop Pattern.)
C. Historic Drainage
The terrain in this area generally slopes from east to west towards the Law
Ditch and Great Western Railroad. Runoff also generally runs from east to west
except where redirected by irrigation ditches. Off-site drainage flows are as
shown on Figure 4 — Historic Drainage Patterns.
Off-Site Flows
Historically, flows from the major drainage basins run away from this site
and have no impact on the subject parcel. Flows from the north and east run
towards WCR 70 and are conveyed by a roadside ditch along the north side of
2
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WCR 70 around this parcel. Flows from the west and south also run away from
this property.
A small parcel adjacent to the property does drain towards this site;
however, a collection ditch is typically "pulled" yearly by the neighboring farmer
which diverts irrigation and stormwater flows along the east boundary line. This
parcel is shown as "Area A" on Figure 4.
On-Site Flows
Flows from the 9.909 acre parcel generally run from east to west.
Historically, this runoff sheet flows from the field into the adjacent irrigation ditch.
No negative impacts are evident from this drainage pattern.
D. Proposed Drainage
Off-Site Flows (Eastern Area)
Flows from this triangular shaped basin are typically influenced by
cultivation patterns. A waste ditch provided by the adjacent property owner is
temporary and primarily used to collect waste irrigation flows during the growing
season. In order to protect this project's eastern boundary, a permanent channel
is proposed. The design of this grass-lined channel is shown in appendix A.
Off-Site Flows (WCR 70)
Runoff from WCR 70 is developed ONLY from the roadway adjacent to
this project. The roadside ditches will be maintained. An 18" culvert will be
3
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added at Winter Way to allow these flows to continue to flow from east to west
and discharge at the same location at the west edge of the site.
On-Site Flows
No overlot grading is anticipated as part of this project. Lots 2, 3 & 4 are
left undisturbed and will sheet flow from east to west along historical paths.
Lot 1 will be collected by the roadside swale along the east side of Winter
Way. These flows will be directed to the north to the 18" culvert under Winter
Way.
E. Conclusion / Recommendations
1. The addition of four (4) single family residences and roadways will
increase historic flows from this site. The amount of increase is
minimal due to the low density of this project and is summarized in
Appendix B.
2. This property is not located within a major drainageway or within
defined floodplain or floodways.
3. Off-site flows generally run away from this site. A triangular basin
which generates a small amount of runoff will be diverted southerly
via a permanent grass-lined channel.
4
4. Flows from WCR 70 adjacent to this site are collected by roadside
ditches and continue to flow from east to west. Existing discharge
point is maintained.
5. The interior lots will create a small increase in runoff from this site.
Existing irrigation systems are adequate to convey this runoff to
adjacent fields. No restrictions are existing on downstream ditches.
5
List of Figures
Figure 1 Vicinity Map (1" = 2,000')
Figure 2 Site Cross Section
Figure 3 Aerial Photo— crop Patterns
Figure 4 Historic Drainage Patterns (1" = 2,000')
Figure 5 Proposed Drainage Patterns
Appendix A Off-Site Flow Calculation
Appendix B On-Site Runoff Increases
/9,1n4fix 4- / 23 Twc7
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—+ III ROBERT J.&JANET A.WINTERS gi'f _--1 i i!i N
,R1
WINTER KNOLLS P.U.D. -y i
N FINAL PLAN V C M ' I
..—A—...
OVERALL GRADING AND DRAINAGE PLAN n a
WINTER KNOLLS P.U.D.
Statement of Compliance
The proposed Winter Knolls P.U.D. Final Plan submittal is in strict compliance
with the specific Development Guide and information approved as part of
Change of Zone Number Z-518.
The information provided as part of the Final Plan has not substantially changed
from the information provided and approved as part of the Change of Zone. All
goals and requirements of the Weld County Comprehensive Plan have been met.
All conditions outlined in the Change of Zone Administrative Recommendations
have been addressed by the Final Plan materials.
WINTER KNOLLS P.U.D.
PRELIMINARY CONSTRUCTION ESTIMATE
TOTAL
ITEM QUANTITY UNIT COST AMOUNT
A. Grading/Site Preparation
1. Topsoil Stripping (Right-of-way Areas) 500 CY 1.00 500.00
2. Excavation (Roadway) 500 CY 2.00 1,000.00
3. Embankment (Roadway) 300 CY 2.00 600.00
Grading/Site Preparation Subtotal $2,100.00
B. Utility
1. 6"X 6" Tapping Sleeve& Valve 1 EA 2,750.00 2,750.00
2. 6"Waterline (PVC C-900 DR18) 100 L.F. 20.00 2,000.00
3. 6"X 6" Tee w Thrust Block 1 EA 750.00 750.00
4. 6" Fire Hydrant Assembly w Thrust Block 1 EA ' 2,200.00 2,200.00
5. 6"X 4" Increaser 1 EA 400.00 400.00
6. 4"Waterline (PVC C-900 DRIB) 420 L.F. 15.00 6,300.00
7. 2" Blow-off Assembly 1 EA 1,500.00 1,500.00
8. Corporation Stop 4 EA 100.00 400.00
9. Curb Stop 4 EA 100.00 400.00
10. '4"Waterline (Type K Copper) 250 L.F. 6.00 1,500.00
11. 'I.."Tapping Saddle 4 EA 100.00 400.00
12. 6"Gate Valve w Valve Box 1 EA 600.00 600.00
Utilities Subtotal $19,200.00
C. Roadway
1. Soil Sterilization 2,000 Sq.Yd 1.00 2,000.00
2. Aggregate Base C ourse (Class 6) 700 Tons 7.00 4,900.00
3. Storm Drain (18") 80 L.F. 40.00 3,200.00
4. Flared End Section (18") 2 EA 150.00 300.00
5. Seeding (Right-of-ways) 2 Acre 250.00 500.00
6. Subgrade Preparation 2,000 Sq.Yd 1.00 2,000.00
Roadway Subtotal $12,900.00
D. Landscape
1. Trail Material (Crusher Fines) 250 Ton 4.00 1,000.00
2. Gazebo 1 EA 3,000.00 3,000.00
3. Tree (Fir) 13 EA 400.00 5,200.00
4. Tree (Deciduous) 2 EA 400.00 800.00
5. Seeding (Open Space) 2 Acre_ 500.00 1,000.00
Landscape Subtotal $11,000.00
Winter Knolls P.U.D. ��
Summary of Costs
A. Grading/Site Preparation $ 2,100.00
B. Utility 19,200.00 p \
C. Roadway 12,900.00
D. Landscape 11,000.00 u o
Total $45,200.00
WINTER KNOLLS P.U.D.
CONSTRUCTION SCHEDULE
Stripping/Grading 11-18-1999
Utility/Water 11-25-1999
Roadway/Culverts 12-01-1999
Roadway Surfacing 12-08-1999
Landscaping Spring 2000
All improvements are to be completed in one phase.
t•1P-
` MEMORANDUM
ITO: Julie Chester, Lead Planner DATE: December 1,1999
C FROM: Donald Carroll, Engineering Administrator
SUBJECT: S-510; Robert Winter, Winter Knolls PUD
COLORADO
Mr. Winter has submitted a new Improvements Agreement According Policy Regarding Collateral for
Improvements (Private Road Maintenance) dated November 23, 1999. Three items on Exhibit A have been
changed from the previous agreement. It appears the access culvert has changed as the road culvert item was
previously 40 linear feet and is now 80 linear feet. The grass lined swale was changed to 1300 linear feet from
1500 due to the culvert adjustment. I have no conflict with either of these items. Engineering and supervision
costs changed from $2,000.00 to $2,500.00. All three transportation items appear to be adequate to complete
the project.
cc: S-510
planis
.J C,ountV Planning Dep
U 3 1999
I Q RECEIVED
OCT 2 6 1999
Weld Coun4cReferral
lisp Co October 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number 5-510
PUD
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado,
Location South of and adjacent to WCR 70, approximately '/2 mile east of WCR 21
Parcel Number 0807 14 000021
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature t j� f! Date ,I — I O - ctl
Agency t�j _ ( oKban
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
REFERRAL LIST
NAME: Robert Winter;Winter Knolls PUD CASE NUMBER: S-510
REFERRALS SENT: October 25, 1999 REFERRALS TO BE RECEIVED BY: November 15, 1999
COUNTY TOWNS and CITIES
_X Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
_X Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority _Firestone
_X Building Inspection Fort Lupton
_X Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
West of 1-25(Loveland) Lochbuie
_X East of 1-25 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
_Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 _Pierce
Eaton F-4 Platteville
Fort Lupton F-5 _X Severance
Galeton F-6 Thornton
Hudson F-7 _X Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
X_Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-4 _X Greeley
_XWinter/Wacker Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
rit ` MEMORANDUM
ik TO: Julie Chester, Lead Planner DATE: November 10, 1999
Fes'FROM: Donald Carroll, Engineering Administrator ",
SUBJECT: S-510; Robert Winter, Winter Knolls PUD
COLORADO
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Weld County Planned Unit Development and Subdivision Ordinance (173-E, Minor Subdivision)
Standards. Our comments and requirements are as follows:
COMMENTS:
My memo of October 9, 1998, required the applicant to supply a final storm water drainage report. The
calculations in this report have been reviewed and it meets the requirement for the drainage portion of the PUD.
The typical road cross section has been modified to reflect six inches of Class VI aggregate base course which
meets the requirements.
The applicant is elevating the driveway onto WCR 70 to provide adequate site distance in both directions. This
was a requirement from my July 31, 1997, memo.
REQUIREMENTS:
The applicant has prepared an Improvements Agreement According Policies Regarding Collateral for
Improvements (Privately Maintained Road). I have reviewed the unit costs and quantities for the transportation
portion of Exhibit A, all items appear to be adequate to complete the project. All other items and costs associated
with Exhibit A shall be verified by the Department of Planning Services.
In Exhibit B, the applicant states that all items will be completed between November, 1999, and January, 2000.
Please contact Weld County Public Works Department when this site is under construction.
All lots shall utilize an internal road system with no direct access to WCR 70.
cc: S-510
plan5s
Get..
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a�j i'inrt 18 1999tzr- raf
0Ct 8 9 1999
__ i `'14e'Id Coun41Rl ferral
Y
COctober 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
•
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD •
•
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67 •
West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately '/ mile east of WCR 21
Parcel Number 0807 14 000021
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑7 We have reviewed the request and find no conflicts with our interests.
VJ See attached letter.
Comments:
Signature S ear-&&• 41- Date ( t i I till
Agency kji) 4L PUk,4t4 ,16 wl 1
•>Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
WIN' S.
Town of Windsor
301 Walnut Street •Windsor; Colorado 80550 • 970-686-7476 • Fax: 970 686-7180
�ILI
November 18, 1999
Julie Chester, Planner
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Subject: Winter Knolls PUD
Dear Ms. Chester:
The Town of Windsor Planning Commission has reviewed this request and recommends
approval of this recorded exemption subject to the following requirements:
1) The applicant shall dedicate additional right-of-way along the entire length of the
north property boundary to bring the south half of WCR 70 up to the Town's Rural
Minor Collector standard of fifty feet (50') from centerline (one hundred feet (100')
total).
2) Per Weld County Health Department requirements, a setback line from the Winter,
Wacker and Matthews Irrigation Ditch pertaining to individual sewage disposal
systems may need to be delineated on the plat.
Thank you for the opportunity to review this proposal.
Sincerely,
ceiStg)eirkAr
Scott Ballstadt
Senior Planner
pc: Robert G. Frank, Chairman, Windsor Planning Commission
Robert Winter, applicant
Item No.6
TO: Windsor Planning Commission
FROM: Scott Ballstadt, Senior Planner h
VIA: Joseph P. Plummer, AICP, Director of Planning'-
DATE: November 11, 1999 ��
SUBJECT: WELD COUNTY REFERRAL—PLANNED UNIT
DEVELOPMENT (PUD) FINAL PLAN-WINTER
KNOLLS PUD-MR ROBERT WINTER
LOCATION: South of and adjacent to Weld County Road 70;
approximately %2 mile east of Weld County Road 21
LAND USE PLAN
DEPICTION: Very Low Density Single Family Residential
RECOMMENDATION: Recommend conditional approval of the PUD Final Plan to
the Weld County Department of Planning Services.
DISCUSSION:
The applicant, Mr. Robert Winter, is requesting approval of a Planned Unit Development
Final Plan application in order to create four(4)new home sites.
The subject property is located within the Town's Community Influence Area and is
depicted as Very Low Density Single Family Residential on the Town's Land Use Plan
map. The Windsor Comprehensive Plan states that the Very Low Density Single Family
Residential land use depiction provides for "...single-family residential detached homes at
very low densities at a maximum density of one dwelling unit per acre." However, all lots
containing individual sewage disposal systems require a minimum lot size of two and one-
half(2%) acres. Therefore, the proposed lot sizes are inconsistent with the Town's Land
Use Plan map, however, the subject property is located outside the Town's Growth
Management Area.
The subject property is not included on the Town's Circulation and Transportation Plan
Map, however, Weld County Road 70 is depicted as a Rural Major Collector %x mile west of
this location. Engineering and planning staff have determined that an appropriate
classification at this location is Rural Minor Collector.
Thereiore, based upon the aforementioned information, staff recommends that the Planning
Commission forward a recommendation of approval of the PUD Final Plan with the
following conditions:
(1) The applicant shall dedicate additional right-of-way along the entire length of the
north property boundary to bring the south half of WCR 70 up to the Town's Rural
Minor Collector standard of fifty feet (50') from centerline (one hundred feet (100')
total).
(2) Per Weld County Health Department requirements, a setback line from the Winter,
Wacker and Matthews Irrigation Ditch pertaining to individual sewage disposal
systems may need to be delineated on the plat.
pc: Mr. Robert Winter, applicant
Ms. Julie Chester, Weld County Planner
MEMORANDUM
TO: Julie Chester, W.C. Planning DATE: November , $'99
FROM: Trevor Jiricek, W.C. Health Department *3
•
COLORADO CASE NO.: S-510 NAME: Winter, Robert and Janet
The Weld County Health Department has reviewed this proposal. Our staff have also observed the
proposed site.
The application has satisfied PUD Ordinance No. 197 in regard to water and sewer service. Water
will be provided by the North Weld County Water District and sewer will be provided by septic
systems.
The preliminary plat map provided in the submitted materials does not designate two leachfield sites
on each lot as we requested in our comments for the change of zone. We recommend that the plat
be amended to demonstrate two leachfield sites. The unused leachfield site be preserved in a manner
that would allow for future use as a leachfield site. We recommend that this be stated in the
developments covenants. We have conducted a cursory review of the proposed covenants and did
not find any reference to preserving these areas. As a result,we recommend that language be placed
into the covenant that restricts activities in the unused leachfield site. Specifically, activities such
as landscaping, i.e. the planting of shrubs and trees, and construction, i.e. auxiliary structures, dirt
mounds,etc. should be expressly prohibited in the designated leachfield sites. The covenants should
encourage maintaining these areas in grass.
Our recommended conditions for this PUD final plan are as follows:
1) The development shall obtain water service from the North Weld County Water District.
2) A Weld County Septic Permit is required for each proposed septic system. Each system shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
3) The "Right to Farm" covenant shall be placed on the plat.
4) In the event that 5 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and the Environment.
5) During development of the site, all land disturbance shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Department of Public Health and Environment, a fugitive dust control plan must
be submitted.
6) In accordance with the Regulations of the Colorado Air Quality Control Commission any
Winter, Robert
November 8, 1999
Page 2
development that disturbs more than 5 acres of land must incorporate all available and practical
methods which are technologically feasible and economically reasonable in order to minimize
dust emissions.
If you have any questions, please call me at extension 2209.
tj\s510
fit e3& 414;W:3
tea►.[�
Weld County Referral
0 October 25, 1999
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately '/: mile east of WCR 21
Parcel Number 0807 14 000021m „r
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
•
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
1" See /_attached-letter etrnt�xv-xTli
Comments: 4attr a4 d A G>(r aeo _ ,L& ei +t-6 rs yiuicd
Signature r Date lj fT
Agency L.t9t>SG� 1
ee:d County Plann!;rg L :p
+Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO. 80631 •?(970)353-6100 ext.3540 0(970)304-6498 fax
rin+,, .,8 1999
RECHNtri-irt
Nov-05-99 04 : 22P Re-4 District Office 9706865280 P _ 01
N0V 11999
Kit
Weld County Referral
October 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M.,Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately % mile east of WCR 21
Parcel Number 0807 14 000021
The application is submitted to you for review and recommendation. My comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Li We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
/aweLIP YIP /vase
Comments:
ie a 24 4--14,611
Signature � Date /(75—(g f
Agency i
*Weld County Planning Dept. *1555 N. 17th Ave. Greeley, CO. 80631 0(970)353-3100 ext.3540 0(970)304-6496 fax
ist;::-
Weld r is,cii()
County Referral
iiiipt October 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD •
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately % mile east of WCR 21 •
•
Parcel Number 0807 14 000021
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to.the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signat Hui L Date
71)
Agency SrI,ti,NYo:»'- i ;c12 pp.x'E E.L2e 1 , _� I-,
+Weld County Planning Dept. . 1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Q '6 Windsor-Severance
Fire Protection District
Ms. Julie A. Chester
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
RE: P.U.D. Final Plan for Winter Knolls P.U.D. CIS:? '5`''C"5
Dear Julie:
After review of the final plans for Winter Knolls two items were not on the plans that are�V
relatively important to the fire protection of the subdivision. It was discussed with Mr.
Winter that if the hydrant could not produce the required fire flow of l 00gpm @ 20psi
buildings would need to be sprinkled or an alternative means of water supply will be
considered. Mr. Winter meet with us on site and described the electric well used for
irrigation during the growing season. We were shown the operation of the well and
worked on some plans for a fill site at the entrance of Winter Way. This location and
brief description should be shown on the map. In addition to the location of the fill site a
detail of the construction will be required as well.
I have already talked with Mr. Winter and he stated that the above-mentioned items were
supposed to be on the plans but were missed by his drafter I am expecting revised
drawings directly from him. I will be sure to let you know when I receive them.
Jason M St 7k
L._ /.r -,//7 -erc
Fire Prevention Technician
Windsor-Severance Fire Protection District
ph 970.686.9596 tx 970.686.9621 .2, 728 Main Street I Windsor,Colorado 80550
Weld County Referral
C. October 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately 1/2 mile east of WCR 21
Parcel Number 0807 14 000021 y
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
ti
1 fir' d)/> lofl / lG� /'�79o>>_-) iri
Comments:
�
Signature /MA, � Date /11A
11—7/77
Agency
—gym
:•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Kicii(91;:s.:, veld County PLnnir,g C ^k
}� pkd County Referral
IIwo % a
COctober 25, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Robert Winter; Winter Knolls Case Number S-510
PUD
Please Reply By November 15, 1999 Planner Julie Chester
Project Planned Unit Development Final Plan Application
Legal Lot A of RE-1694, part of the NW4 of Section 14, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 70, approximately '/z mile east of WCR 21 I.
Parcel Number 0807 14 000021
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
11 We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: O;v;sic,,, Cori cflrw9 Were pKrrviso6) i,,, i‘./,eifQr S.rA ore'; Pi .,'( c",
Qc>(1r ". S1c,,P O1 4L p)cr„i ri)j fr^-cr°ti5
U
Signature �� --7
Date lul'1.7I )
Agency � : r.St r (-3 1 0\,t e
•:•Weld County Planning Dept. ••1555 N. 17th Ave.Greeley, CO. 80631 4•(970)353-6100 ext.3540 •8(970)304-6498 fax
MEMORANDUM
TO: Julie Chester, Current Planner DATE: October 9, 1998
FROM: Donald Carroll, Engineering Administrator vib
SUBJECT: Z-518; Robert and Janet Winter •
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
Due to the size of the PUD, Weld County Public Works Department will waive the requirement for a Traffic Impact
Analysis in Step#2 of the PUD process, Change of Zone.
A Storm Water Drainage Permit was submitted at the sketch plan stage (S-419). This was reviewed and was
signed and stamped by a professional engineer We have no conflict with the submittal.
REQUIREMENT:
At the sketch plan stage, it was requested that the typical cross section reflect six inches of Class 6 material as
stated in my memo dated July 1, 1997.
All lots will utilize an internal road system with no direct access to WCR 70.
The applicant has agreed to elevate the driveway onto WCR 70 to provide adequate sight distance to the east, see
my memo dated July 31, 1997.
cc: Z-518
Weld County Planning Dept.
pan1a OCT 12 1998
RECEIVED
AFFIDAVIT OF INTEREST OWNERS :SURFACE ESTATE
Legal Description: Let /i of A17ch/ &enrtif/e/1 - XE/eH
Part of MP 111“ Sec. IV, T /v R(7VV, Of tie OPM,
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached
list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification
Number assigned by the Weld County Assessor of the owners' of property (the surface estate)within five
hundred (500) feet of the property under consideration. This list was compiled from the records of the
Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from
such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the
records of the Weld County Assessor shall have been assembled within thirty days of the application's
submission date.
Fame/ ID ore/ - lV - eoo - o22
Signature
eal
10
PUD CHANGE OF ZONE: NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type:
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION#
_Re6rt ,k , ef A, Widir 33662 Wa 21 0,P1 -li-0D0 - 017
Wiluisor CO 10S5?) 1 y - DDa oZ0
0,Fa7-/y- vac-021
_Est ey Rutz tz - - 1107 Veilltu f 51r'et
___._.. 61,W1 Co OM M•eoe - 017
Gut L , 111// /0 '/ 7 WTI? 70 03'87 -11 . 000~038
VI pi-
s rl Co io1s0 0gc7- 1l - 0O - N3
.•feigy R. 4 vtck, L. LaisL1 loYg7 W(, /O .. —_.
Winkel j co fcSSO 0,x'o 7- Il 000 - C,37
11
AFFIDAVIT OF INTERES- OWNERS: MINERALS AND SURFACE ESTATE
Legal Description: lot /T of broth" L&M/a1�1 tw /Co, ere! e- 111i71
7/
14 of At AIQJ % Sec. /9,, TIN, t61e / of 614 fit
THE UNDERSIGN .D, being first duly sworn, states that to the best of his or her knowledge the attached
list is a true and r :.curate list of the names, addresses, and the corresponding Parcel Identification
Number assigned k the Weld County Assessor of the owners' of minerals on the subject property under
consideration. Thi list was compiled from the records of the Weld County Assessor, or an ownership
update from a title r - abstract company or attorney, derived from such records, or from the records of the
Weld County Clerk nd Recorder. The list compiled from the records of the Weld County Assessor shall
have been assemt Ad within thirty days of the application's submission date.
Poke/ 0107 - /y- oar - o?Z
Signature
ua%it'1/4±/� '� . � ' -Li)toralled Cyst? lei Gem own r/�3 re cods
a I l//r .Tq Tomah; ,
12
PUD CHANGE OF ZONE: NAMES OF MINERAL OWNERS AND LESSEES ON SUBJECT PROPERTY
Please print or type
ADDRESS, TOWN/CITY,
NAME STATE , ND ZIP CODE
2S � :104-e f f £ Ra kei f T Wide/ 33 6.5-2 hkfl/
bilm for Ca 0a,Sco
Zs% IToe'eph I/ 84 T, Scl,NO'
co % _ Wi/Gur 1?a fa Es faie //a7 Wwfnai Sfieef
Windscy / Co 05750
13
Report Date: 10/06/99 09:29AM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#: 13839
SCHEDULE NO: R0352795 ORDER NO:
ASSESSED TO: VENDOR NO:
WINTER ROBERT J&JANET A ROBERT J WINTER
33652 WELD CO RD 21
WINDSOR, CO 80550
LEGAL DESCRIPTION:
23368-C PT NW4 14 6 67 BEG N4 COR SEC S0D55'W 1025.30' N32D41'W 156.04'TO CURVE (R=275'C/A=
10D50'CHORD=N38D06'W 51.92')52' N43D31'W 81.78'TO CURVE(R=170'C/A=42D57'
CHORD=N64D59'W 124.49') 127.45' N86D28'W 152.61'S88O07'W 74.69'TO CURVE(R=65'C/A=77D49'
CHORD=N52D57'W 81.66')88.29' N14D03'W 192.32'TO CURVE(R=145' C/A=25D22'CHORD= N01 D21'W
63.71')64.23' N11 D19'E 70.89' N12D42'E 44.46' N25D45'E 96.78'TO CURVE(R=75'C/A=55D07'
CHORD=N53D19'E 69.41')72.16' N80D53'E 99.38'TO CURVE(R=67'C/A-=75D59' CHORD=N42D53'E
82.48')88.85' N04D54'E 117.48' E356.56'TO BEG LOT A REC EXEMPT RE-1694(.25R)
PARCEL: 080714000021 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 10/06/1999 0.00
ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0430-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 22.038 27.34 Land 4272 1240
SCHOOL DIST RE4 50.222 62.27 Exempt 0 0
NCW WATER 1.000 1.24 Improve 0 0
NWC WATER 0.000 0.00
WINDSOR SEVER FIRE 3.149 3.90 Total 4272 1240
AIMS JUNIOR COL 6.253 7.75
WINDSOR LIBRARY 2.638 3.27
WEST GREELEY SOIL 0.414 0.51
85.714 106.28 - 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 TREASURER'S 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 {.mm aha and seal this 10/06/99.
�
TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY C,/a�, e '<X�'°/n rLL
P.O. Box 458
Greeley,CO 80632
(970)353-3845 ext.3290
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. : 8046850W
1. Effective Date: April 30, 1999 at 7:00 A.M.
2 . Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy $TBD $TBD
Proposed Insured:
To Be Determined
B. ALTA Loan Policy $TBD $TBD
Proposed Insured:
To Be Determined
Exam Fee $250. 00 *
* To Be Credited towards Premium
3 . The estate or interest in the land described or referred to in this
commitment and covered herein is fee simple and title thereto at the
effective date hereof vested in:
Robert J. Winter and Janet A. Winter, as joint tenants
4 . The land referred to in this commitment is described as follows:
Lot A of Recorded Exemption No. 0807-14-2-RE1694, recorded March
1, 1995 in Book 1482 as Reception No. 2428336, being a part of the
NW1/4 of Section 14 , Township 6 North, Range 67 West of the 6th
P.M. , County of Weld, State of Colorado.
TRANSNATION TITLE INSURANCE COMPANY
By Wanda L. Calhoon
Authorized Signature
Issued: May 18, 1999
WLC/TLF/jd
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8046850W
SCHEDULE A - Continued
REQUIREMENTS -
The following are the requirements to be complied with prior to the
issuance of said policy or policies. Any other instrument recorded
subsequent to the date hereof may appear as an exception under Schedule B
of the policy to be issued. Unless otherwise noted, all documents must
be recorded an the office of the clerk and recorder of the county in
which said property is located.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT
ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS
COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR
OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE
COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED
HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE:
IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES
PRICE EXCEEDS $100, 000.00, THE SELLER MUST COMPLY WITH THE
DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 .5 (NONRESIDENT
WITHHOLDING) .
NOTE:
EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND
A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK
AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT
CONFORM.
A. An accurate legal description of that portion of the subject
property to be conveyed is to be delivered to and approved by
Transnation Title Insurance Company. The legal description for
that portion of the subject property to be insured will be amended
accordingly.
B. Partial Release by the Public Trustee, releasing subject property
from the lien of:
Deed of Trust from Robert J. Winter and Janet A. Winter to the
Public Trustee of the County of Weld for the use of Farm Credit
Bank of Wichita to secure $105,300. 00 dated April 2, 1993 recorded
April 5, 1993 in Book 1376 as Reception No. 2327590.
Page 2
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8046850W
SCHEDULE A - Continued
REQUIREMENTS
C. Partial Release by the Public Trustee, releasing subject property
from the lien of:
Deed of Trust from Robert J. Winter and Janet A. Winter to the
Public Trustee of the County of Weld for the use of Joseph Schmidt
and Betty J. Schmidt to secure $170, 000.00 dated December 29 , 1975
recorded January 2, 1976 in Book 756 as Reception No. 1677948 .
NOTE: Modification Agreement changing various terms of the
deed of trust above, recorded April 5, 1993 in Book 1376
as Reception No. 2327592.
D. Deed from Robert J. Winter and Janet A. Winter to grantee(s) to be
determined.
NOTE: This commitment is subject to such other and further
requirements as may be necessary when the name or names
of the grantee are disclosed to the Company.
E. Deed of Trust from borrower(s) to be determined to the Public
Trustee of the County of Weld for the use of lender to be
determined to secure amount to be determined.
Page 3
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8046850W
SCHEDULE B
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public
records.
2 . Easements, or claims of easements, not shown by the public
records.
3 . Discrepancies, conflicts in boundary lines, shortage in area,
- encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4 . Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
Note: The above exception will not appear on policies where
closing and settlement has been performed by the company.
6. a. Taxes due and payable; and any tax, special assessments, charge
or lien imposed for water or sewer service, or for any other
special taxing district.
b. Any and all unredeemed tax sales, if any.
Note:Upon receipt of a Certificate of Taxes Due evidencing that
there are no existing open tax sales, the above exception 6b will
not appear on the policy to be issued hereunder.
Note:
PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION
MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY
TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF
SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY
ASSESSOR.
Page 4
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8046850W
SCHEDULE B - Continued
EXCEPTIONS
7 . Rights of way, whether in fee or easement only, for county roads
30 feet wide on each side of section and township lines as
established by Order of the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86 at Page 273 .
8 . Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded December 4, 1923 in Book 132 at Page 419.
9. _ New Black Hollow Ditch, John Law Seepage Ditch, Sorreles Ditch,
and Consolidated Law Ditch, and any and all rights of way
therefore as evidenced by Maps and Statements filed in the office
of the Clerk and Recorder of Weld County, in which the specific
location of said ditches are not defined.
10. Undivided one-half interest in all oil, gas and mineral rights, as
reserved by William Rutz, Sr. and Katharine Rutz in the Deed
recorded April 8, 1964 in Book 511, as Reception No. 1433372, and
any interests therein or rights thereunder.
11. Undivided one-half interest in and to all oil, gas and other
minerals and mineral rights, which are now owned by the grantors,
as reserved by Joseph Schmidt and Betty J. Schmidt, in the Deed
recorded January 2, 1976 in Book 756, as Reception No. 1677947,
and any interests therein or rights thereunder.
12 . Right of way, whether in fee or easement only, for placing,
constructing, operating and maintaining an electric line or system
and appurtenances, granted to Poudre Valley Rural Electric
Association by Robert J. Winter and Janet A. Winter by instrument
recorded October 23 , 1978 in Book 848 as Reception No. 1770491, in
which the specific location of the easement is not defined.
13 . Oil and gas lease between Wilma Winter and Kenneth Winter and
Amoco Production Company dated August 22, 1978, recorded October
31, 1978 in Book 849 as Reception No. 1771415, and any interests
therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded September 1, 1983 in Book
1006 as Reception No. 1939048 .
Page 5
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8046850W
SCHEDULE 8 - Continued
EXCEPTIONS
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Mission Oil
Corporation, recorded February 27, 1985 in Book 1059 as
Reception No. 2000170.
14 . Oil and gas lease between Robert J. Winter and Janet A. Winter and
Oilcom Corporation dated December 15, 1982 , recorded February 8,
1983 in Book 988 as Reception No. 1916849, and any interests
therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Mission Oil
Corporation, recorded February 27, 1885 in Book 1059 as
Reception No. 2000170.
15. Right of way, whether in fee or easement only, for the
transmission, distribution, or both, of electricity and for the
transmission of communication signals, granted to Public Service
Company of Colorado by Robert J. Winter and Janet A. Winter by
instrument recorded January 13 , 1989 in Book 1221 as Reception No.
02167873 , in which the specific location of the easement is not
defined.
16. Easements and rights of way as shown on Map of Ault-Fort St. Vrain
Transmission Line recorded August 16, 1989 in Book 1241 as
Reception No. 02188638 and on PSC Ault-Fort St. Vrain 230KV Map
recorded October 9, 1990 in Book 1278 as Reception No. 02229626.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784 .
(c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book
1229 as Reception No. 2175917 .
(d) Public Service Company of Colorado, recorded November 9, 1981
in Book 952 as Reception No. 1874084.
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919757 .
Page 6
ISSUED BY
TRANSNATION Trn,r.INSURANCE.'.,u IPANY COMMITMENT FOR TITLE INSURANCE
Transnation
TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable
consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A, in favor of the proposed
Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in
Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies
committed for shall be issued,whichever first occurs, provided that the failure to issue such policy or policies is not the fault
of the company.
IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to
be hereunto affixed; this instrument,including Commitment,Conditions and Stipulations attached, to become valid when coun-
tersigned by an Authorized Officer or Agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
v�s�q
s aut INro tt%
Attest:. /j�iy�q �GA ft:1:::j
g By:
Sccrelary 4
*•••• Resident
Owoltk
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. Tithe proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
1. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committal for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate exceptions
shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the
form of policy or policies committed for in favor of the proposed Insured which arc hereby incorporated by reference and
arc made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
PA 3
Amerkan Land Tills Association Commitment-19GG
Cover Page
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DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTION
qp � WINTER KNOLLS P.U.D.
t�V
ARTICLE I—PREAMBLE
Declarant is the owner of that certain real property situate in Weld County, Colorado, described
on Exhibit "A" hereof (The Property). The Property has been platted as Winter Knolls P.U.D.
simultaneously with this declaration.
Declarant desires to develop The Property for residential purposes. Declarant deems it desirable
to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in
order to preserve the values of the individual lots and to enhance the quality of life for all owners
of such lots.
Declarant therefore declares that all of The Property is and shall be held, transferred, sold,
conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants,
obligations, liens, right of ways, and easements which are set forth in the Declaration, all of which
shall run with The Property and shall inure to the benefit of, and be binding upon, all parties
having a right, title, or interest in The Property or a portion thereof, and such person's heirs,
grantees, legal representatives, successors and assigns.
Any restrictions or regulations not addressed specifically shall be in accordance with Weld County
Planned Unit Development Zoning.
ARTICLE II—DEFINITIONS
2.1 General: The words and terms defined in this Article shall have the meanings herein set
forth unless the context dearly indicates otherwise.
2.2 Association: Shall mean and refer to the Winter Knolls P.U.D. Homeowner's Association,
a Colorado Nonprofd Corporation established pursuant to Article IV of this Declaration.
The members of the Association shall be Lot Owners as defined herein.
2.3 Common Areas: Shall refer to all real Property or interest therein owned by the
Association and easements and rights of way for the common use and enjoyment of the
Owners, together with and including, but not by way of limitation, the road, Winter Way,
utilities, and utility easements.
2.4 Developer. Shall mean Robert J. and Janet A. Winter, owners of The Property, their
successors and assigns. •
2.5 Developer Responsibilities: Shall refer to the road constructed pursuant to specifications
required by Weld County known as Winter Way.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain, repair, and replace the road after the Developer has
installed such fadlity.
Developer shall plant non-weed vegetation on the right of way adjacent to Winter Way.
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I Illlll 111111111111111111111111111 littlulkalltIot27408 90 R 45000 0.00 4Weld County C003:
The Association shall maintain and replace non-weed vegetation after the Developer has
planted such vegetation.
2.6. Lot: Shall mean and refer to any parcel or plot of land located within the exterior
boundaries of The Property described on the Exhibit "A" and owned by the "Owner", with
the exception of any"Common Area". In the event, however, that the Owner divides a lot
into smaller lots by complying with and satisfying the applicable rules, regulations and
ordinances of the County of Weld and State of Colorado, each such resulting smaller
parcel will then constitute a "Lot"for the purpose of these covenants.
2.7 Road and Utility Easements: Shall mean and refer to the road Winter Way and all utility
easements presently existing on The Property or subsequently constructed by the
Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall
not include private driveways or utility extensions constructed by individual Owners to
provide access and utilities to dwellings or other structures located upon such Owner's lot
of The Property.
2.8 Single Family Dwellings: Shall mean an independent structure designed and occupied
as a residence for a single family.
2.9 Subdivision: Shall mean and refer to Winter Knolls P.U.D.
2.10 Other terms may be defined in specific provisions in the Declaration and shall have the
meaning assigned by each such definition.
ARTICLE III—USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling.
The primary residential building must include as a part thereof, a garage, or if a garage is
not included as a part of the residence, then a separate garage structure shall have
identical architectural design and exterior design and appearance consistent with that of
the residence accommodated thereby.
3.1.1 Size: The dwelling space of the residence, exclusive of the garage and open
porches, shall contain a minimum of 1,400 square feet of finished non-basement
living space. The maximum height of the residence and any accessory building
is not to exceed thirty(30) feet.
3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be
permitted without prior written approval of the Developer.
3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry,
stone, stucco or material with a stucco-like appearance. Any vinyl or aluminum
sided houses must be approved by the Developer or Homeowner's Association.
3.2 Accessory Buildings: No more than two (2) accessory buildings in addition to the garage
with a maximum square footage of 3,000 sq. ft. total, which are well constructed and neat
of appearance, shall be permitted. No buildings with a Quonset type appearance are
permitted.
3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting,
i.e., barb or barbless wire fencing, wire fencing, natural wood (unpainted), chain link and
vinyl are allowed.
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3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties.
Tractors and machinery not being used for maintenance of the lot or other applicable use
common on a small rural lot, and unlicensed vehicles of any kind will not be permitted on
the lots, except in enclosed storage buildings.
3.5 Right of Way and Easements: The area known as Winter Way is right of way and is to
remain open space; free of buildings, fences, trees or shrubs. The Developer will seed
non-weed vegetation in the right of way; and thereafter, the Association will assume
responsibility of the maintenance of said right of way. Easements and non-buildable
areas for the installation and maintenance of utilities and drainage facilities are reserved
as shown on the Plat. Within these easements, no structure, planting or other materials
shall be placed or permitted to remain which may damage or interfere with the installation
and maintenance of utilities, which may change the direction of flow of drainage in the
easements. If any landscaping or structure is installed which violates such requirements
in the right of way or easements and drainage areas, the Association may give the Owner
written notice to remove such landscaping or structure. If the Owner fails to remove the
landscaping or structure within thirty (30) days of receipt of notice, the Association may
have such work done at the expense of the Owner of the lot. If the work is done by the
Association at the Owner's expense, the Owner shall pay for such work within ten (10)
days after notice is given in writing to the Owner as to the cost of such work. In the event
of failure to pay within that time and if the Association thereafter incurs any attomey's
fees and costs in collecting such amount from the Owner, all such attorney's fees and
costs incurred shall likewise be a debt owed by the Owner to the Association. The
easement area of each lot and all improvements on it shall be maintained continuously by
the Owner of the lot.
3.6 Maintenance of Lots: The Owner of each lot shall plant and maintain non-weed
vegetation and remove any trash or other debris. If an Owner fails to maintain their lot in
accordance with this requirement, the Association shall have the right to plant and
maintain non-weed vegetation and remove any trash or other debris solely at the lot
Owner's expense. The Owner shall be liable for reasonable attomey's fees and costs
incurred by the Association in collecting such charges.
3.7 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall
anything be done thereon which may become an annoyance or nuisance to the entire
neighborhood.
3.8 Recreational Vehicles: No trailer, motor home, camper unit, boat or similar recreational
vehicle shall be parked on Winter Way.
3.9 Private Drives: During construction of private drives to individual lots from Winter Way,
individual lot owners must permanently install an eighteen (18) inch culvert in the
drainage ditch directly adjacent to Winter Way.
3.10 Compliance: Each lot owner shall maintain compliance at all times with the requirements
of the Weld County Public Work Department, Weld County Health Department, Division
of Wildlife, Windsor-Severance Fire Protection District and the Weld County Planning
Department.
3.11 Oilfield Production: Oilgas production vehicles have the right to access their production
facilities within the subdivision without interference by lot owners.
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3.12 Right to Farm Covenant: Weld County is one of the most productive agricultural counties
in the United States. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must
recognize there are drawbacks, including conflicts with longstanding agricultural practices
and lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off-site impacts, including noise from tractors
and equipment, dust from animal pens, field work, harvest, and gravel roads; odor from
animal confinement, silage, and manure, smoke from ditch burning, flies and mosquitoes;
the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
Ditches and reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation water to fields which is
essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the
state of Delaware) with more 3,700-miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols
of the county and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to
emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind
of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Snow removal for roads within subdivisions are of the lowest priority for the public works
or may be the private responsibility of the homeowners. Services in rural areas, in many
cases, will not be equivalent to municipal services.
Children are exposed to different hazards in the country than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of the
farmer's livelihood.
ARTICLE IV—THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be govemed and
administered by the Article of Incorporation and Bylaws of the Winter Knolls P.U.O.
Homeowner's Association and by this Declaration. In the event of a conflict between the
provisions of the Declaration and the Articles of Incorporation of the Bylaws of the
Association, the terms of the Declaration shall be controlling.
4.2 Membership: Each owner of a lot, upon becoming an owner, shall be a member of the
Association and shall remain a member for the period of ownership. If more than one
person has an ownership interest in a lot, each person will vote that portion of a lot equal
to the portion of ownership.
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4.3 Examination of Book by Mortgagee: The holder of any recorded first mortgage or deed of
trust on a lot in the subdivision will, upon request, be entitled to:
(A) Inspect the books and records of the Association.
(B) Receive an annual financial statement of the Association after the end of each
calendar year.
(C) And written notice of all meetings to the Association and shall be permitted to
designate a representative to attend all such meetings.
4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the
applicable provisions of this Declaration, and to govern, manage, maintain, repair,
administer, and regulate the Winter Knolls P.U.D. and to perform all of the duties required
of it. Not withstanding the above, the Association shall not be empowered or entitled to
use hazard insurance proceeds for loss to the common areas improvements for other
than repair, replacement, or reconstruction of such improvement.
4.5 Association Responsibilities: The maintenance and operation of Winter Way and all
common areas shall be the responsibility and the expense of the Association, and the -
costs therefor shall be a common expense of all the lot owners. The Developer shall
initially install the gravel road, Winter Way, and shall initially seed the areas disturbed by
construction of said Winter Way; thereafter, the costs of maintaining, repairing, and
replacing Winter Way within the right of way shall be bome by the Association.
4.6 Lot Irrigation: Irrigation of each individual lot shall be the sole responsibility of the
individual lot owner and is not to be a part of the Homeowner's Association maintenance
responsibilities.
4.7 Formula for Determining Assessments: Assessments shall be made no less frequently
than annually and shall be based upon a budget adopted not less frequently than
annually by the Association. The assessments shall be apportioned equally among all
lots within the Subdivision. Each owner, by the acceptance of a conveyance of a lot shall
be obligated to pay his share of such expenses whether or not his lot is improved. If a
new annual assessment is not adopted, an assessment shall be presumed to have been
adopted in the amount of the last prior assessment.
4.8 Bases Upon Budget: Assessments shall be based upon the budget, which shall be
established by the Board of Directors at least annually, which budget shall be based upon
the cash requirements deemed to be such aggregate sum as the Board of Directors of
the Association shall from time to time determine is to be paid by all of the lot owners to
provide for the payment of all expenses growing out of or connected with the
maintenance, repair, operation, additions, alterations and improvements of and to Winter
Way and the common areas, which sum may include, but not be limited to, expenses of
management; taxes and special assessments unless separately assessed; premiums for
insurance; repairs and renovations; wages; water charges; legal and accounting fees;
expenses and liabilities incurred by the Association or any of its agents or employees on
behalf of the lot owners under or by reason of this Declaration and the Articles of
Incorporation and Bylaws of the Association; for any deficit relating to Wi^ter Way and
the common areas, which shall be funded by the regular annual or monthly payments
rather than special assessments.
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4.9 Assessments for Other Charges: The Association shall have the right to charge a lot
owner for any common expense caused by the misconduct of such lot owner, in which
event such expense may be assessed exclusively against such owner. The Association
shall have the right to impose a lien for any such special service charge or charges due
to misconduct that are not paid when due; said lien shall include court costs and
reasonable attorney's fees incurred by the Association in collecting said charges.
4.10 Assessments: The amount of the common expenses and misconduct charges assessed
against each lot shall be the personal and individual debt of the owner thereof. No owner
may exempt himself from liability for contribution towards the common expenses by
waiver of the use or enjoyment or by abandonment of his lot. An owner's loss of lot by
foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such
owner's liability for assessments and charges acquired prior to the date hereof. The
Association shall have the authority to take prompt action to collect any unpaid
assessment which remains unpaid for more than sixty (60) days from the due date for
payment thereof. In the event of default in the payment of an assessment, the lot owners
shall be obligated to pay interest at the rate of eighteen percent (18%) per annum on the
amount of the assessment from due date thereof, together with all expenses, including
attorney's fees, incurred together with such late charges as are provided by the Bylaws or
rules of the Association. Suit to recover a money judgement for unpaid assessments
shall be maintainable without foreclosing the lien described below and such suit shall not
be, or construed to be, a waiver of lien.
4.11 Creation of Lien and Foreclosures: All assessments together with any special
assessment or other fee, cost or charges which an Owner is obligated to pay, shall be a
debt of such Owner to the Association on the date when each installment thereof
becomes due. In the event of the default of any Owner in the payment of any installment,
such amount, and any subsequently acquiring unpaid assessments, together with interest
thereon and together with all costs which may be incurred by the Association in the
collection of such amount, together with reasonable attorney's fees shall constitute the
basis of a lien on such lot superior to all other liens and encumbrances, except only for
tax and special assessment liens on the lot in favor of any governmental assessing entity,
and all sums unpaid on a mortgage or deed of trust of record, including all unpaid
obligatory sums as may be provided by assessment setting forth the amount of such
unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of
the officers of the Association on behalf of the Association and may, but is not required
to, be recorded in the office of the County Clerk and Recorder of Weld County, Colorado.
Such lien shall attach and be effective from the due date of the assessment until all
sums, with interest and other charges thereon, shall have been paid in full. Such lien
may be enforced by the foreclosure of the defaulting owner's lot by the Association in like
manner as a mortgage on real property upon the recording of the above notice of lien. In
any such proceedings, the owner shall be required to pay the costs, expenses, and
attorney's fees incurred for filing the lien, and in the event of foreclosure proceedings, all
additional costs, all expenses and reasonable attorney's fees incurred. The owner of the
lot being foreclosed shall be required to pay the Association any assessment or special
service charge whose payment becomes due for the lot during the period of foreclosure.
and the Association shall be entitled to receive during foreclosure, and the Association on
behalf of the member owners, shall have the power to bid on the lot at foreclosure or
other legal sale and acquire and hold, lease, mortgage, vote the votes appurtenant to,
convey or otherwise deal with the same upon acquiring title to such lot.
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4.12 Liability Upon Transfer. Any owner who sells a lot in good faith and for value shall be
relieved of the obligation for payment of assessments arising thereafter attributable to the
lot, as of the date of the recordation of the deed transferring such lot to the subsequent
purchaser. The Owner transferring, and the purchaser of the transferred lot, shall be
jointly liable for payment of all assessments and any related interest, costs and attorney's
fees attributable to the lot acquired through the date of such recordation, and the lien for
recovery of the same shall remain in force against such lot.
4.13 Mortgage Foreclosure: Not withstanding any of the terms of provisions of this declaration,
in the event of any default on the part of an owner under any mortgage or deed of trust
which entitles the holder thereof to foreclose the same, any sale under such foreclosure,
including the delivery of a deed in the lieu to such mortgagee, shall be made free and
clear of all then due and owing assessments. No mortgagee shall be liable for any
unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot.
4.14 Board and Officers of Association: Until all lots have been sold by Declarant or December
31, 2001, whichever occurs first, the Declarant may appoint and remove the officers and
members of the Board of the Association.
ARTICLE V—GENERAL PROVISIONS
5.1 Durations: Subject to the provisions of Section 5.3 of this Article, this Declaration shall
remain in full force and effect, shall run with the land and shall be binding on all persons
having any interest in any lot in the Subdivision for a period of twenty (20) years from the
date this Declaration is recorded and thereafter shall be automatically extended for
successive periods of ten (10) years unless an instrument signed by the majority of the
then owners of lots in the Subdivision has been recorded agreeing to change or terminate
the Declaration in whole or part.
5.2 Amendments: This Declaration, or any portion thereof, may be amended or revoked at
any time by an instrument in writing signed by the owners of at least sixty-six percent
(66%) of the lots in the Subdivision and one hundred percent (100%) of the holders of
recorded mortgages or deeds of trust. Any amendment shall be effective only upon the
recordation of the written amendment or ratification thereof containing the necessary
signatures of lot owners and encumbrance holders. No amendment to this Declaration
may be made which conflicts with any of the laws of the State of Colorado, or ordinances
of Weld County. No amendment shall effect any rights of Declarants unless approved in
advance by and consented to by Declarants in writing.
5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall
not be deemed to impair or affect in any manner the validity, enforcement or effect of the
remainder of this Declaration and, in such event, all of the other provisions of this
Declaration shall continue in full force and effect as if such invalid provision had never
been included herein.
5.4 Disclaimer No claim or cause of action shall accrue in favor of any person in the event of
the invalidity of any covenant or provision of this Declaration or Declaration to enforce
any covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the
maintenance of any such action or arbitration brought in violation of the provisions of the
Article.
5.5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated or
waived by reason of any failure to enforce the same, regardless of the number of
violations or breaches which may occur.
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5.6 Captions: The captions herein are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope of this Declaration nor the
intent of any provision hereof.
5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to
include the feminine and neuter genders, and the use of the singular shall be deemed to
refer to the plural, and vise versa, when the context so requires.
5.8 Notices: Notices required or permitted by this Declaration shall be made in writing.
Notice to a member of the Association shall be sufficient if sent by United States Mail,
sufficient postage prepaid, to the latest address given by such member to the Secretary
of the Association. In such event, notice shall be deemed effective three (3) days after
such deposit into the United States Mail. Notices may also be given by certified or
registered mail, or by hand delivery. In hand delivered, notice shall be effective on the
date that delivery is accomplished. If sent by registered or certified mail, notice shall be
deemed effective three (3) days after deposit into the United States Mail, sufficient
postage prepaid.
IN WITNESS WHEREOF, the undersigned being Owner(s) or Mortgagee(s) of lots in Winter
Knolls P.U.D. executed this Declaration the date and year indicated below.
By: Date: _ !‘,/•_ C' '
obert J. Winter wner
By: Ct1..e l? Lr.Cac _ t . G
Date:
Ja t A. Winter, Owner
State of Colorado )
County of Weld )
Oki( eb
The foregoing Declaration of Covenants and Re -OW* oils P.U.D. Subdivision
Acknowledged before mie this day of/ - by ?S 6 f 7 is
�t /�...r f/t �� .;� � YNTHIA - �'
Witness my hand and official seal c, A. SIMON
My commission expires: _ It ,////'
4,4
Not Public V/
8
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EXHIBIT A
Legal Description
Lot A of Recorded Exemption No. 0807-14-2-RE 1694 located in the Northwest
Quarter of Section 14, Township 6 North, Range 67 West of the 6th Principal
Meridian, Weld County, Colorado.
Hello