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Home My WebLink About850082.tiff RESOLUTION RE: APPROVE FINAL PLANNED UNIT DEVELOPMENT PLAN - MARTIN ESTATES PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of October, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of considering the Final Planned Unit Development Plan submitted by Martin Estates Planned Unit Development, c/o John Martin, 147 South Denver, Fort Lupton, Colorado 80621 , and WHEREAS , said Final P.U.D. Plan concerns the following described real estate, to-wit: Part of the S1, Section 12 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 28 .5 of the Weld County Zoning Ordinance. 2 . The request is in conformance with Section 28 . 3 . 2 et seq. of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. On December 26 , 1984 , the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance. b. The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located. o pL693& 350082 Page 2 RE: FINAL PUD PLAN - MARTIN ESTATES c. The uses, buildings, and structures permitted shall 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 plans of affected municipalities. d. The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35 . 3 of the Weld County Zoning Ordinance, subject to conditions as listed below. e. The Final Planned Unit Development Plan conforms with Section 50 , Overlay Districts of the Weld County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Final Planned Unit Development Plan on the hereinabove described parcel of land be, and hereby is, approved subject to the following conditions: 1 . Prior to recording the Final Planned Unit Development Plan Plat , the following notes shall be placed on the plat stating that: a. Weld County does not maintain the streets within Martin Estates Planned Unit Development. b. With the exception of Lot 23 , which shall access onto Weld County Road 37 , no lots within Martin Estates Planned Unit Development shall access directly on to Weld County Road 37 or Weld County Road 10 . c . No lot or any part of the property shall be used for used car lots , car sales or storage, wrecking business or junk yards. d . No overgrazing or other use of the land shall be permitted in such a way as to present a continuous dust storm potential . For example, if land is plowed and harrowed without immediate reseeding or planting or most of the vegetation is destroyed by animals or otherwise bared over an area of one-half acre or more , said area shall be considered a dust storm potential. Page 3 RE: FINAL PUD PLAN - MARTIN ESTATES e. No weeds or tumbleweeds or other obnoxious vegetation shall be permitted. Papers, trash or rubbish or other obnoxious materials shall not be allowed to blow over on the neighbors ' property. 2 . Article V, Section 1 . of the Declaration of Covenants, Conditions and Restrictions of Martin Brothers Homeowners Association shall be amended to read as follows : "The Martin Brothers Homeowners Association, any Owner, or the Board of County Commissioners of Weld County, at the Board' s discretion, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner or by the Board of County Commissioners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. " 3 . Prior to recording the Final Planned Unit Development Plan plat, the applicant shall record the Declaration of Covenants , Conditions and Restrictions of Martin Brothers Homeowners Association as amended. 4 . The applicant shall satisfy the concerns expressed by Panhandle Eastern Pipeline Company in its letter dated December 12 , 1984 . 5 . Prior to recording the Final Planned Unit Development Plan Plat, the applicant shall meet the requirements set forth in Section 11-1 , Improvements Agreement, of the Weld County Subdivision Regulations . 6 . The applicant shall obtain written comments from the Fort Lupton Fire District addressing any requirements for providing minimum fire protection to the subdivision. Page 4 RE: FINAL PUD PLAN - MARTIN ESTATES The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D. , 1985 . �/�j BOARD OF COUNTY COMMISSIONERS ATTEST:` ' 1 W WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board a ine J nson, Chairman tiStallt BY: (n ' ,:.?.tic t a ,ene R. Br wtner, Pro-Tem De uty County C erk APPROVED A TO FORM: C.W. Xi b , C//1 G d . Lack County Attorney Frank Yamaguc HEARING CERTIFICATION DOCKET NO. 85-66 RE: FINAL PLANNED UNIT DEVELOPMENT PLAN - MARTIN ESTATES PLANNED UNIT DEVELOPMENT A public hearing was conducted on October 9, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro—Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1985, and duly published September 5, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the Final Planned Unit Development Plan of the Martin Estates Planned Unit Development. Lee Morrision, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and answered questions of the Board. Burl Van Buskirk, realtor with J.L. Sears and Company, came forward to represent the applicant. He requested that the Board waive the requirement that open space be set aside, since the five-acre lot size will result in open space. Mr. Van Buskirk also requested that Lot 23 be exempted from Condition 1. (B) . During the ensuing discussion, John Martin came forward to answer questions of the Board concerning the covenants for this Planned Unit Development. Mr. Morrison and Mr. Allison explained that various convenants could be enforceable by the Board if they were placed as notes on the plat. (Tape Change #85-87) Commissioner Kirby moved to delete Conditions 6 and 7 and place as notes on the plat certain conditions addressing roads, dust, junk, weeds and wind. The motion was seconded by Commissioner Brantner and carried unanimously. Doyle Jackson, Dave Peters and Elizabeth Donahue came forward to state objections to this proposal. Following considerable discussion about the various issues which were raised, Commissioner Kirby moved to delete Condition #3. Seconded by Commissioner Brantner, the motion carried unanimously. Commissioner Lacy moved to amend Condition #l. (A) to allow access for Lot 23 onto Weld County Road 37. The motion, seconded by Commissioner Brantner, carried unanimously. Chairman Johnson reviewed the notes which had been recommended to be added to the plat, including that the source of water is to be from wells in the Laramie-Fox Hills Aquifer. Commissioner Brantner moved to approve the Final P.U.D. Plan for Martin Estates Planned Unit Development, with the various amendments to the Conditions. Commissioner Kirby seconded the motion and it carried unanimously. ti _ This Certification was approved on the 14th day of October, 1985. APPROVED: n d- • BOARD OF COUNTY COMMISSIONERS ATTEST:1111 U/v v &IWt4AZ&rL1 WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J- ..ueli John on Chairman By:-\jUJJ-I1l-4 zi 5eputy County Cle ene R. Bran ner, ,Pro-Tem i C.W. Kirb}L— Co Y � Fr . Yamaguchi TAPE #85-86 & #85-87 DOCKET #85-66 MR 2224 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 9, 1985 DOCKET # 85-67 - MARC & AUDREY MINNIS - USR, PRIVATE AIRSTRIP DOCKET # 85-50 - WINCE FREY - USR, MOTOCROSS RACE TRACK FACILITY DOCKET # '85-66 - MARTIN ESTATES - FINAL PUD PLAN DOCKET # 85-75 - CARL & LAVONNE GIRARDIN - USR, ACCESSORY STRUCTURE OVER 1,500 SQUARE FEET PLEASE write or print legibly your name, address and the HOC ; (as tested wove) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ENDIN:G PC- 4- . Yts . l 4 o R-1-6 R-1-6dei 4tgB3 W Ct2 37 MAvSI I1/J Est47 0 ,.4c._ ( x.12 /77 ; k). <,. M 'NO 77/62-4,7641. /h'7 -<1:- %d?% 27{7:€0-a r/l4/ /A.�.t�' J.L !+ E/, 3 A 3c,',es 1/�sa� . 1 (Jge-G �,i,A / /) �%ft7L /&h' Arc , FORTztai en- 729 /e7Zef 24'? u J /> G-7 111111 (C' 9 �! S-7 }J 0 17a.O /4DhSa1'- (1e L-, r/ D EXHIBIT INVENTORY CONTROL SHEET Case J�ilZa[i T ' z�� Yo 7C/0 Exhibit Suhnitted By Exhibit Description �3 A. it 1'114,,'71ZG?v, ,�P12 <P1,910#724Val. o et B. �/J��UJ9li 2'r au i"' Q r ��A!?✓J11�'%lLuc oCs�c, C. 747 CO nn 7- D. St 4e'.a, .C' zri•/- i74-‘,77 7-sec' E. F. G. H. I. J. K. L. M. N. 0. N 0 'T I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Final Planned Unit Development Plan are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-66 Martin Estates Planned Unit Development c/o John Martin 147 South Denver Fort Lupton, Colorado 80621 DATE: October 9, 1985 TIME: 2:00 P.M. REQUEST: Final Planned Unit Development Plan LEGAL DESCRIPTION: Part of the Si, Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: August 28, 1985 PUBLISHED: September 5, 1985, in the Johnstown Breeze AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 I ss Pursuant to the zoning et COUNTY OF WELD 1 ow „if r k4 I, Clyde Briggs, do solemnly swear thiit 1 am publisher of The Johnstown Breeze; that the same is a weekly' newspaper printed, in whole or in part, and published in the County of Weld State of Colorado, th% Fr i and has a general circulation therein; that umt Spurt plan Ng said newspaper has been published regrtqrxl tostwid-aaff rrry DP continuously and uninterruptedly in said horn► " County of Weld for a period of more than ins rcir r tM. fifty-two consecutive weeks prior to the pia of a�d�wrtlsaa cowl first publication of the annexed legal notice mab ct or advertisement;ent; that said newspaper has I«�rleh � been admitted to the United States mails as itifailleSni»,- second-class matter under the provisions of the Act of March 3, 1979, or any tided for att*k.at'0Arflfled court amendments thereof, and that said 1 reporters in ar+a. It s court newspaper news pap is a weekly t r duly ran la the Clerk ip` p r" ° s ru qualified for publishing legal notices and action €30 advertisements within the meaning of the laws of the State of Colorado. :mtg. That the annexed legal notice or advertise- ItE , pyyy:that She - ment was published in the regular and uray ,tan roglW by entire issue of every number of said weekly Commis- ton may be emirhlnsd In the newspaper for the period of ./.... consecu- ofAt:a6efthaClerktothe ot live insertions; and that the first b first m publication of said notice was in the issue if rtt e.Ny, said newspaper dated VS— A U. 1`.J..S.‘ ., � and that the last publication of said notice APPLICANT was in the issue of said newspaper dated EM MA edMn A.D. 19 147'Bdrdh , a Dane i In witness whereof t have hereunto set Fort Lupton, Colorado my hand_th s /� day of .C'- t' } 1 A.D. Lrl. .S DATE October 9, toil `E Fl�,Y Piennsd 7IPW. C n ;�L `owint IPl1ON # Publisher tM. SactlanT1 Subscribed and sworn to before me, a NRLD Notary Public in and for the County of W tate of ColoradoJhis .2/ day of B`/ MARY CC A.D. 19.c• �•s / rxk...,./-/'�7'-c: d1GO-� -DATED• August „�6� Notary Public PUBLISHED:September 6,1966, In the Johnstown Breeze _ My commission expires - 14<v C.,,,- .a June 14, 1987, 7 `-._nh Paris' _rue. Jor,u.h...n, C ,,.'-.4 DATE: August 28 , 1985 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 9th day of October, 1985 , at 2 : 00 P.M. Docket No. 85-66 - Final PUD Plan , Martin Estates Planned Unit Development OFFICE OF THE LE TO THE BOARD BY: i'/GCG ' Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO iLt /(/ i 7 t//j Summary of the Weld County Planning Commission Meeting August 20, 1985 Page 2 The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the number of cases already scheduled for the September 3, 1985, meeting and why so many cases have needed to be continued lately. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. CASE NUMBER: S-249:85:6 (continued from August 6, 1985) ]r APPLICANT: Martin Brothers a REQUEST: A Final Planned Unit Development Plan LEGAL DESCRIPTION: Part of the Sc' of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of Ft. Lupton, west of Weld County Road 37. APPEARANCE: Burl Van Buskirk, Realtor, Sears and Company Realtors, reported they have met with the Weld County Utilities Coordinating Advisory Committee and they recommended a change to one of the roads in the subdivision which overlapped a Panhandle Eastern right-of-way. This has been corrected and they have complied with the requirements of the Weld County Engineering Department. They are now ready for final approval of the Planned Unit Development Plan. The roads within the subdivision will be public roads that are privately maintained. Lee Morrison reported the County Attorney's office has concerns about the covents. The covenants appear to create a homeowner's association, while in reality it is not creating one. John Martin, property owner, reported the ditch company has no interest in the lake because they do no have a right-of-way. When they did use the lake it leaked and they are now in the process of getting a deed for this land. The Chairman called for discussion from the members of the audience. Richard Donahue, surrounding property owner, objected to this request because there is no -common open space in the area that surrounds their property, and people are riding horses on the roads, etc. There is no sewer system and the septic tanks in their subdivision (Martin Subdivision) arc causing trouble because of the sandy soil conditions in the area. They do not want the possibility of their taxes being raised because the homes in this area will be more expensive. There are erosion problems in the area if it is overgrazed. There will be more traffic in the area and therefore, more dust problems. And who will take care of their roads when the new people move into the area? Also, some of the property owners in Martin XNIBi7 e Summary of the Weld County Planning Commission Meeting August 20, 1985 Psge 3 Subdivision are having problems with their wells, and he is afraid a greater use of water in the area will create more problems. John Martin explained the roads in the Martin Subdivision were built by the developers to County standards and the County is suppose to take care of them. Tape 215 - Side 1 The Chairman asked Rod Allison to read the recommendations and conditions of the Department of Planning Services staff into the record. John Martin asked that #2 of the Additional Comments be removed as this condition has been met. MOTION: Paulette Weaver moved Condition #6 be amended to read as follows: "Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the concerns of the Weld County Attorney's Office regarding subdivision covenants including compliance with Section 35.3.8 of the Weld County Zoning Ordinance." and Condition #7 to read "Prior to recording the Final Planned Unit Development plan plat, the applicant shall satisfy the concerns of the Weld County Attorney' s Office including compliance with Section 35.3.8 of the Weld County Zoning Ordinance the formation of an entity functioning as a homeowner's association to maintain and provide repair of the roads as well as any common space within the development." Motion seconded by Jack Holman. AMENDMENT: Paulette Weaver moved Condition 1'•3 be amended to read as follows: Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the requirements set forth in Section 35.3 roads and common open space, of the Weld County Zoning Ordinance." Motion seconded by Jack Holman. Summary of the Weld County Planning Commission Meeting August 20, 1985 Page 4 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. MOTION: Jack Holman moved Condition #3 be amended to read as follows: "Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the requirements set forth in Section 35.3, Roads and Common Cpen Space, of the Weld County Zoning Ordinance. It is the intent of the Planning Commission that the applicant provide common open space according to Section 8-15 of the Weld County Subdivision Regulations." Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Doug Graff - no; Paulette Weaver - yes; Bill McMurray - no; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried with five voting for the motion and two voting against the motion. Tape 215 - Side 2 MOTION: Jack Holman moved Condition #4 be amended to read the applicant and/or owners shall construct all roads as shown on the final Planned Unit Development plat. The construction of the subdivision road network shall be approved by the Weld County Engineering Department prior to the issuance of any residential building permits. Motion seconded by Bill McMurray. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - No, because he has been involved in situations in which someway a building permits gets issued under circumstances where it should not have been issued. A house gets built; you don't have all the proper improvements, and somebody has a lot of expense out on it. Then you are coming back trying to get a certificate of Summary of the Weld County Planning Commission Meeting August 20, 1985 Page 5 occupancy, and trying on the other hand to get the rest of your improvements started or done. There is a potential for a lot of problems down the road. What happens if somebody comes in a buys a lot at the end of a cul-de-sac; he wants to start buidling there. None of the lots ahead of this property has been sold and the developer does not want to put in and complete the road. The property owner is trying to start a building, and there are real conflicts involved. Lydia Dunbar - yes; Paulette Weaver - no; Bill McMurray - yes; Louis Rademacher - no; Jack Holman - yes; Sharon Linhart - yes. -Motion is denied with four voting against the motion and three voting for the motion. MOTION: Bill McMurray moved Case Number S-249:85:6 for Martin Estates Planned Unit Development for a Final Planned Unit Development Plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and amended by the Planning Commission and the testimony heard by the members of the Planning Commission. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - yes; Lydia Dunbar - yes; Paulette Weaver - No, because she feels this proposal definitely, among other things, does not meet the requirements and performance standards for common open space and for adequate water and sewer provisions. Bill McMurray - yes; Louis Rademacher - yes; Jack Holman - No, he agrees with Paulette. He feels this type of development, where they are not supplying the water and sewer service, is one of the things that goes against the County's Comprehensive Plan. Sharon Linhart - No, she also feels there have not been adequate provisions -made for a Planned Unit Development. Motion carried with four voting for the motion and three voting against the motion. CASE NUMBER: USR-694:85:38 APPLICANT: Marc C. and Audrey H. Minnis REQUEST: Use by Special Review permit for a private airstrip LEGAL DESCRIPTION: Part of the Si.. NE1 of Section 13, TIN, P68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 11/2 miles south of Dacono; west of Weld County Road 13 and north of Weld County Road 8. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resol1Yit9oti-,bie4htroudced for passage by the Weld County Planning Commission. it Resolved by [he Weld County Planning Commission that the application cr: P CASE NUMBER: S-249:85:6 AUG 1985 NAME: Martin Estates Planned Unit Development �xREELEY, COLO, ADDRESS: c/o John Martin, 147 S. Denver, Ft. lupton, CO 80621 REQUEST: Final Planned Unit Development Plan LEGAL DESCRIPTION: Part of the Sz, Section 12, T1N, R66W of the 6th F.M. , Weld County, Colorado LOCATION: Approximately three (3) miles southeast of Ft. Lupton; west of Weld County Road 37. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.3.2 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. On December 26, 1984, the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance; - The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located; The uses, buildings, and structures permitted shall 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 plans of affected municipalities. - The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35.3 of the Weld County Zoning Ordinance, subject to conditions as listed below; and The Final Planned Unit Development Plan conforms with Section 50, Overlay districts of the Weld county Zoning Ordinance. EXii/Bi7 B Martin Estates S-249:85:6 August 20, 1985 Page 2 These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the Final Planned Unit Development plan plat, the following notes shall be placed on the plat stating that: (A) Weld County does not maintain the streets within Martin Estates Planned Unit Development; and (B) No lots with Martin Estates Planned Unit Development shall access directly on to Weld County Road 37 or Weld County Road 10. 2. Prior to scheduling the Final Planned Unit Development Plan before the Board of County Commissioners, the applicant shall satisfy the concerns expressed by Panhandle Eastern Pipeline Company in its letter dated December -12, 1984. 3. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the requirements set forth in Section 35.3, Roads and Common Open Space, of the Weld County Zoning Ordinance. It is the intent of the Planning Commission that the applicant provide common open space according to Section 8-15 of the Weld County Subdivision Regulations. 4. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall meet the requirements set for the in Section 11-1, Improvements Agreement, of the Weld County Subdivision Regulations. 5. Prior to scheduling the Final Planned Unit Development Plan before the Board of County Commissioners, the applicant shall obtain written comments from the Fort Lupton Fire District addressing any requirements for providing minimum fire protection to the subdivision. 6. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the concerns of the Weld County Attorney's Office regarding subdivision covenants including compliance with Section 35.3.8 of the Weld County Zonin} Ordinance. Martin Estates S-249:85:6 August 20, 1985 Page 3 7. Prior to recording the Final Planned Unit Development plan plat, the applicant shall satisfy the concerns of the Weld County Attorney's Office including compliance with Section 35.3.8 of the Weld County Zoning Ordinance the formation of an entity functioning as a homeowner's association to maintain and provide repair of the roads as well as any common space within the development. Motion seconded by Doug Graff. Vote For Passage Against Passage Doug Graff Paulette Weaver Lydia Dunbar Jack Holman Bill McMurray Sharon I.inhart Louis Rademacher The chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 20, 1985, and recorded in Book No IX of the proceedings of the said Planning Commission. Dated the 22nd day of August 1985. oo C\o®a Bobbie Good Secretary ADDITIONAL COMMENTS MARTIN ESTATES S-249:85:6 1 . In a telephone conversation on August 16, 1985, representative of the Town of Fort Lupton indicated that its Planning Commission took no position because the subject site was located outside of its comprehensive planning area. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number S- ',21/9 S : 6 Submitted or Prepared Prior to Hearing At Hearing 1. Application 42 Pages X 2. / Application plat(s) / page(s) X X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician / 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. e. ��tyf'12'r /c? )d4tic,1" ltrrrJf S'Sni 12. 2 , 1'Aaleqi' (0y.— ?L —Oe - ' 13. 'FL H�+cr ceFel,.:� Ir 0� )' p �'/�j/r% j S,,. :f� jZ,��r 14. fl i-e 4- `/ f//:w- Vek.it\Ch;4 to t-1 s !r) G et% 5'/Ilks ; SH4 n._.i ire2 g/a 2/11 - 15. 16. 17. 18. 19. 20. I hereby certify that the /1 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further ertify that these items were forwarded to the Clerk to the Board's office on Ez5; ` 2. 19 . 464- Current Planner STATE OF COLORADO ) COUNTY OF WELD1 IA ) A p SUBSCRIB~'D AND SWORN TO BEFORE ME THIS t,j - DAY OF oak' 19 laS , SEAL Welk.) NOTARY PUBLIC rx f'iBi i My Commission Expires May 27, 1989 MY COMMISSION EXPIRES Date: August 20, 1985 CASE NUMBER: S-249:85:6 NAME: Martin Estates PUD ADDRESS: c/o John Martin, 147 S. Denver, Ft. Lupton, CO 80621 REQUEST: Final Planned Unit Development Plan LEGAL DESCRIPTION: Pt. S1 of Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles southeast of Ft. Lupton; west of Weld County Road 37. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.3.2 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. On December 26, 1984, the Board of County Commissioners approved the subject Planned Unit Development District because the application did meet the required criteria of the Weld County Zoning Ordinance; - The Final Planned Unit Development Plan conforms to the Planned Unit Development District in which it is proposed to be located; - The uses, buildings, and structures permitted shall 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 plans of affected municipalities. - The Final Planned Unit Development Plan conforms with the Performance Standards outlined in Section 35.3 of the Weld County Zoning Ordinance, subject to conditions as listed below; and - The Final Planned Unit Development Plan conforms with Section 50, Overlay districts of the Weld county Zoning Ordinance. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. Martin Estates S-249:85:6 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. Prior to recording the Final Planned Unit Development plan plat, the following notes shall be placed on the plat stating that: (A) Weld County does not maintain the streets within Martin Estates Planned Unit Development; and (B) No lots with Martin Estates Planned Unit Development shall access directly on to Weld County Road 37 or Weld County Road 10. 2. Prior to scheduling the Final Planned Unit Development Plan before the Board of County Commissioners, the applicant shall satisfy the concerns expressed by Panhandle Eastern Pipeline Company in its letter dated December 12, 1984. 3. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the requirements set forth in Section 35.3.2, Common Open Space, of the Weld County Zoning Ordinance. do, ?per /a/d.cl4_ 4. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall meet the requirements set for the in Section 11-1, Improvements Agreement, of the Weld County Subdivision Regulations. 5. Prior to scheduling the Final Planned Unit Development Plan before the Board of County Commissioners, the applicant shall obtain written comments from the Ft. Lupton Fire District addressing any requirements for providing minimum fire protection to the subdivision. 6. Prior to recording the Final Planned Unit Development plan plat, the applicant shall satisfy the concerns of the Weld County Attorney's Offices regarding subdivision covenants. — 7. Prior to recording the Final Planned Unit Development Plan plat, the applicant shall satisfy the concerns of the Weld County Attorney's Office regarding an owners association or some entity responsible for road maintenance within the subdivision. ADDITIONAL COMMENTS MARTIN ESTATES S-249:85:6 1. In a telephone conversation on August 16, 1985, representative of the Town of Ft. Lupton indicated that its Planning Commission took no position because the subject site was located outside of its comprehensive planning area. 2. The Ft. Lupton Fire District representative signed the utility sheet acknowledging service could be made available. However, no formal referral comments have been received by the staff. The Planning staff is requesting written comments from the fire district because the fire protection proposed is less than the minimum fire safety requirements setforth in Section 8-10 C; Fire Safety Requirements of the Weld County Subdivision Regulations. LAND-USE APPLICATION SUMMARY SHEET Date: July 25, 1985 CASE NUMBER: S-249:85:6 NAME: John & Jim Martin ADDRESS: 147 S. Denver Avenue, Ft. Lupton, CO 80621 17576 Highway 52, Ft. Lupton, CO 80621 REQUEST: A Final Planned Unit Development Plan LEGAL DESCRIPTION: Pt. Sz of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles southeast of Ft. Lupton, west of Weld County Road 37. SIZE OF PARCEL: 123 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review is listed in Section 28.3.2 of the Weld County Zoning Ordinance. To date, the Colorado Geological Survey, Division of Water Resources, Weld County Engineering Department, Farmer's Reservoir and Irrigation Company, and Panhandle Eastern Pipeline Company have returned specific recommendations. Please refer to their enclosed comments for further information. The referral entities not checked off on the referral list have not commented. i FIELD CHECK FILING NUMBER: Z-414:84: 15 DATE OF INSPECTION: September 9, 1984 NAME: John Martin REQUEST: A Change of Zone from Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S1, Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Three miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10 LAND USE: N Pasture and large scale turkey operation to the northeast E Rangeland and residence S Martin estates and Sunny Acres (both developed subdivisions) W Dryland farming/pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the proposed Planned Unit Development (PUD) is from Weld County Road 37, Sunrise Lane, Martin Street, and Weld County Road 10. The subject site is in dryland wheat farming and pasture. There are no improvements on the site. There is a knoll in the center of the site with the slope being to the south, north, and west. The Subdivisions to the south are predominately rural residential in nature. The Speer Canal forms the western boundary of the site. Drainage could be a problem in the northwest corner of the subdivision. BY: 4,11m„R es R. Mayerl C rrent Planner JRM:rjg DANIEL, MCCAIN -& BROWN ATTORNEYS AT LAW FORT LUPTON BANK BUILDING ORREL A.DANIEL 601 - 4TH STREET TELEPHONE LEONARD H. MCCAIN FORT LUPTON, COLORADO 80621 FORT LUPTL N 857-2777 EDWARD A.BROWN BRIGHTON 659-0731 T. WILLIAM WALLACE MARGARET R. BRUBAKER July 2, 1987 Mr. Lee D. Morrison 'JUL 061987 , Assistant County Attorney Office of County Attorney - P.O. Box 1948 WELD C- Greeley, Colorado 80632b` N' -. Dear Lee: This is to authorize you to remove the comma following the word "roads" in Line 5, Section 4 of Article II of the Covenant Agreement of Martin Brothers. 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V ,. #•• 1 r " i sr s x 1 It \, a -r z+, a . .�„ s ..1�''kY• R `"- ,t j'Il Y �,:F,.',d } ;...t;ynY, I 5 r _ a `w 4, b 1 i s x f 4y `� ppdr ',4 f(-2- d' 5.. 74. ' 'V , Jf,' t� �t , : 1 ZW •'# err ✓Y.( ' {�: i �1�Y } Y a . a '.i 5r k g ycr r < 14. � . fry xti �. .. � ��, 4 - `'1 }��, // ' y �, t 'A*=.c.r. :'. Py� r - � t71ra4 C REFERRAL LIST APPLICANT: John Martin NUMBER: S-249:85:6 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 26, 1985 NO SR NR NO SR NR County Attorney X X Farmer's Reservoir & Irr. c/o Manual Montoya X Weld County Health Dept. 80 S. 27th Avenue Brighton, CO 80601 X X Engineering Department X City of Ft. Lupton County Extension Agent ATTN: Bob Crumb 330 Park Avenue X Office of Emergency Mngmt Ft. Lupton, CO 80621 X X State Engineer Soil/`�" 14e-✓ X Bill McMurray Division of Water Resources Hell obit. Planning Commission Member 1313 Sherman St. , Room 818 P.O. Box 161 Denver, CO 80203 Brighton, CO 80601 _ State Highway Department X Brighton Soil 1420 2nd Street Conservation District Greeley, CO 80631 60 South 27th Avenue Ft. Lupton, CO 80621 Colorado Department of Health Water Quality Control Division X Ft. Lupton Fire Dist. 4210 East 11th Avenue ATTN: Fire Chief Denver, CO 80220 1121 Denver Avenue Fort Lupton, CO 80621 _ City of Greeley Planning Department X X Panhandle Eastern Pipeline 919 7th Street Rocky Mountain Region Greeley, CO 80631 635 N. 7th Avenue P.O. Box 127 _ Tri Area Planning Commission Brighton, CO 80601 P.O. Box 363 Frederick, CO 80530 X Colorado Geological Survey 1313 Sherman St Room 715 ATTN: Julia Turney Denver, CO 80203 NO=No Objection SR=Specific -Recommendations NR=No Response REFERRAL LIST APPLICANT: John Martin NUMBER: S-249:85:6 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 26, 1985 NO SR NR NO SR ' NR County Attorney X X Farmer's Reservoir & Irr. c/o Manual Montoya !( X Weld County Health Dept. 80 S. 27th Avenue Brighton, CO 80601 X X Engineering Department X City of Ft. Lupton County Extension Agent ATTN: Bob Crumb 330 Park Avenue X Office of Emergency Mngmt Ft. Lupton, CO 80621 X X State Engineer $u r4) X Bill McMurray Division of Water Resources kidd C Planning Commission Member 1313 Sherman St. , Room 818 P.O. Box 161 Denver, CO 80203 Brighton, CO 80601 State Highway Department X Brighton Soil 1420 2nd Street Conservation District Greeley, CO 80631 60 South 27th Avenue Ft. Lupton, CO 80621 Colorado Department of Health Water Quality Control Division X Ft. Lupton Fire Dist. 4210 East 11th Avenue ATTN: Fire Chief Denver, CO 80220 1121 Denver Avenue Fort Lupton, CO 80621 City of Greeley Planning Department X X Panhandle Eastern Pipeline 919 7th Street Rocky Mountain Region Greeley, CO 80631 635 N. 7th Avenue P.O. Box 127 Tri Area Planning Commission Brighton, CO 80601 P.O. Box 363 Frederick, CO 80530 X Ft. Lupton School District RE-8 Dr. Harlan Else X X Colorado Geological Survey 301 Reynolds 1313 Sherman St Ft. Lupton, CO 80621 Room 715 ATTN: Julia Turney Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 — 10th Street, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Meld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: That part of the South one—half of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado lying Easterly of the Speer Canal ; EXCEPT MARTIN SUBDIVISION and EXCEPT parcels Lengthy legal more fully described on plat . (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED P.U.D. SUBDIVISION MARTIN ESTATES P.U.D. EXISTING ZONING P.U.U. PROPOSED ZONING P.U.U. TOTAL AREA (ACRES) 123 NO. OF PROPOSED LOTS 23 LOT SIZE: AVERAGE 5 acres +— MINIMUM 4.9 acres UTILITIES: WATER-t NAME Individual Wells • SEWER:- NAME Individual Septic Systems GAS: NAME Propane until Natural Gas is Available PHONE: NAME Brighton DISTRICTS: SCHOOL: NAME Fort Lupton _ FIRE: NAME Fort Lupton Fire Protection District DESIGNERS' -NAME ADDRESS PHONE ENGINEERS' NAME Ray Bayer, Ayres Associates ADDRESS 17 N. 12th Ave. , Brighton 80601 PHONE 659-1157 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME James Martin DBA Martin Bros ADDRESS 17576 HWY 52, Ft. Lupton, CO 80621 PHONE 857-4733 NAME John Martin, DBA Martin Bros. ADDRESS 147 S. Denver Ave. , Ft . Lupton, GO 80621 PHONE 857-2471 NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Si h ture: Owner of A horized Agent Subscribed and sworn to before me this ;A%\ day of (I ii(v'.) , 19 L 5 . SEAL • NOT/ RY PUBLIC (- My commis'si'on expires: HII ) I S74 €04-79-026 WCDPS-78-1 ' C MAILING LIST John and Jim Martin S-249:85:6 Phillip T. and Carol J. Pfannebecker 4122 Sunrise Lane Brighton, Colorado 80601 J. B. and Carol J. Comer 4092 Sunrise Lane Brighton, Colorado 80601 Ronald M. and Dorothy L. Russell 4062 Sunrise Lane Brighton, Colorado 80601 Richard E. and Barbara L. Miller 17960 Weld County Road 10 Brighton, Colorado 80601 James A. and NancyAnne Nolan c/o Kassler and Company P.O. Box 2450 Denver, Colorado 80202 William D. and Dora A. Adams 4093 Weld County Road 37 Brighton, Colorado 80601 Dayle L. and Lee Ann Jackson 4123 Weld County Road 37 Brighton, Colorado 80631 Mike A. and Margaret I. Romero 4120 Martin Street Brighton, Colorado 80601 Thomas M. and Patricia A. Meyers Route 1 , 4080 Martin Street Brighton, Colorado 80601 Glen and Virginia R. Van Deveren 17835 Weld County Road 10 Brighton, Colorado 80601 Lester 0. and Charlotte A. Dewier 4061 Sunrise Lane Brighton, Colorado 80601 C Mailing List John and Jim Martin S-249:85:6 Page 2 Wilburn D. and Yvonne E. Owens 4091 Sunrise Lane Brighton, Colorado 80601 Larry F. and Pamela K. Spies 4121 Sunrise Lane Brighton, Colorado 80601 Richard M. and Elizabeth A. Donahue 4119 Martin Street Brighton, Colorado 80601 Dennis J. and Laura M. Diller 17765 Weld County Road 10 Brighton, Colorado 80601 Harold and Neva Grimes 17605 Weld County Road 10 Brighton, Colorado 80601 Carl L. and Iva M. Maguire 4753 Weld County Road 37 Fort Lupton, Colorado 80621 Haold D. and Theodosia A. Anderson 2851 Birch Denver, Colorado 80207 Joseph G. and Shirley J. Ianelli 3915 Whitman Street Denver, Colorado 80212 Beatrice Doyle Pilkington 25 Cherry Street Denver, Colorado 80220 Duane A. and Betsy S. Addy 3995 Cottonwood Lane Brighton, Colorado 80601 Robert S. and Carrie E. Carson 3965 Cottonwood Lane Brighton, Colorado 80601 C. Mailing List John and Jim Martin S-249:85:6 Page 3 Rick A. and Judy K. Calhoun 3965 Cottonwood Lane Brighton, Colorado 80601 Gerald W. Powell 3996 Cottonwood Lane Brighton, Colorado 80601 Leroy L. and Sharon M. Gil 3966 Cottonwood Lane Brighton, Colorado 80601 Dan C. and Jo Ann Steward 4154 Weld County Road 37 Brighton, Colorado 80601 ( C DEPARTMENT OF PLANNING SERVICES (� PHONE(303)356-4000 EXT.4400 915 10th STREET 1,, ii (71/i GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 6, 1985 at 1:30 p.m. to review a request for approval of a Final Planned Unit Development Plan from John and Jim Martin on a parcel of land described as Pt. S1 of Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado, containing 123 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 6, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by July 19, 1985 gi) Received by: Date: - / )(L.,' ( MAILING LIST S-249 Jim & John Martin Mineral Owners Energy Minerals Corp . Weeks Energy Minerals Corp . 1000 Security Life Building Denver , CO 80202 c/ mEmORAnDUm . Elk Rod Allison To Planning Department Date July 29, 198 COLORADO From Drew L. Scheltinga, County Engineer subject: Martin P.U.D. I examined the drainage situation at the site. This P.U.D. is to be developed around an existing residential area that does not have road ditches , culverts , or a point to discharge drainage. If the new development included these features and directed drainage to the existing houses moreharmwould be done than good. I recommend all ditches and culverts be eliminated and the roads simply be flat bladed. Since the County will not be maintaining these roads and the other residential roads in the area are flat bladed, this would seem to be acceptable. D ,,--„,,,„ U ,!!j' 2G1985 U Weld Co. Planning Commission • DLS/bf mEmORAnDUm Rod Allison WIIDc. To Plannino Department Date July 221,1 5\ COLORADO From Drew L. Scheltinga, County Engineer subject: Martin PUD We have reviewed the material submitted and have the following comments : 1. No drainage information has been supplied. A detail contour map will not be necessary but we need information on how the storm drainage will be handled, where it will be discharged and how much. 2. Elizabeth Street between Road 10 and the P.U.D. needs to be included in this recording or the mannerin which it was dedicated as a right-of-way indicated on the plat. 3. A portion of Lot 1 is shown within the right-of-way of Road 10. I don't think we mean to subdivide the right-of-way. 4. The dedication on the plat reads , "dedicates to the public all ways and other rights-of-way " The Declaration of Streets and covenants, conditions and restrictions reads, "(streets) have not been dedicated to the public and shall remain private property;" . The streets should be public right-of-way. They can still be maintained by an owners' association as opposed to the county. A note should be placed on the plat that Weld County does not maintain the streets. • DLS/bf M '985 Weld Co. Flaoning Commission PANHANDLE EASTERN PIPE LINE COMPANY P. 0. BOX 127 BRIGHTON, COLORADO 80601 July 17, 1985 Mr. Rod Allison Current Planner II Weld County Planning Commission 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison: Please find enclosed a copy of our as-built map which shows our pipe line # 16-10-075-351-1611, in the highlighted area of the South Half of Section 12, Township 1 North, Range 66 West, of the 6th Principal Meridian, Weld County, Colorado. On December 12, 1984, Robert Clair sent you a cover letter on this same section of land. Our position is the same as it was then. I have enclosed a copy of that letter and referral when it was case number Z-414:84:15. I also high- lighted Ayres Associates utility plan map where our line is located. If you should have any questions, please call me at (303)- 659-5922, ext. 11241 . Sincerely, Ken J. Neff Right-of-Way Representative Enclosures KJN/pm xc: KJN/File File PANHANDLE EASTERN PIPE LINE COMVANY o, 0. BOX ,2, BRIGHTON, COLORADO 80601 December 12, 1984 Mr. James R. Mayerl Current Planner Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Dear Mr. Mayerl : Please accept this letter as reply to your 11/21/84 referral received in our office 12/10/84. Panhandle has one major concern and that involves the culdesac proposed on the west end of Arjie Street, which hubs the access to lots #2, #3, €4, and #5 of the Martin Brothers P.U.D. We do not have a problem with roads traversing parallel to us, provided a 10' area is maintained between the pipeline and extreme edge of the roadway. The drawing we received with reference file #12-1N6-30L illustrates the radius of the culdesac lying over the pipeline. Perhaps we could meet with the developer and,with a minor change, work out something which would be acceptable for both of us. Under the terms of our Right-of-Way Grant dated 12/18/79, recorded in book 900, Rec. 1821571, the following clause was incorporated: "Grantor to have the right to construct and maintain utility lines, streets, sidewalks, and driveways which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all underground utility lines cross under said pipe line. No paved or traveled portion of any street, side- walk, driveway, road, narking area, alley or curbing will be placed substantially paralled to and within ten feet of the pipe line. Also, Panhandle maintains a 50 foot wide right-of-way and will not allow any building within that easement area. In the _event of a proposed crossing with a road or utility,notification of 48 hours is .to be given to Panhandle so the line may be properly located to elim- inate accidents that can occur from foreign forces. Thank you very much for giving us the opportunity to respond to this referral , and if you have any further questions please do not hesitate to contact us . Very truly yours, e6— Robert J . Clair Right-of-Way Supervisor r l NIMPr Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 July 29, 1985 Mr. Rod Allison, Current Planner Weld County Colorado Department of Planning Services 915 loth Street Greeley, CO 80631 RE: Case Number S-249:85:6 Martin Estates P.U.D. Dear Mr. Allison: The covenants attached to this application has an item which is titled "Dust", This item states "We agree not to overgraze our land, . . ." and it continues to list other conditions. We would like to see a grass stubble height mentioned. Most grasses require a 2 inch or more stubble height for maintenance of the plant. On these lot sizes its best to confine animals to small lots and feed them throughout the. year. Only limited grazing and exercise should be allowed on the larger grass unit. Sincerely, O,61-ak *• Robert L. Warner, President Board of Supervisors I5a11,j7ifr�CCCti�� 19," '-�J 11 vv5 Weld Co. Planning Commission CONSERVATION - DEVELOPMENT - SELF GOVERNMENT THE rARMERS RESERVOIR & IRRIGATION CO. 80 S. 27TH AVENUE BRIGHTON, COLORADO 80601 July 15, 1985 Planning Department 915 10th Street Greeley Colo_80631 Attn: Mr . Rod Allison Re: Martin Estates P.U.D. Dear Rod: The Farmers Company has had problems with developments changing the historical sheet flows either by volume, quantity, or quality of the water into our canals. We feel that the burden of proving the development does not injure or change the operation of the canal is that of the developer. Please find enclosed a copy of the "Design Review Process and Design Criteria for Facilities. " This same review process is required for any of the Farmers Company canals that may be affected by development. If you have any questions regarding this matter please do not hesitate to call (659-7373) . Sincerely, Farmers Reservoir and Irrigation Company Manuel Montoya Tech. cc: FRICO Board Hydro_Triad • J'JL 17 1985 1\ Weld Co.?balsa tow's' re DEPARTMENT OF PLANNING SERVICES ( PHONE(303)3564000 EXT.4400 rt tot\ aril 915 10th STREET GREELEY,COLORADO 80631 O • CASE NUMBER S-249:85:6 COLORADO July 9, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from John & Jim Martin for a A Final Planned Unit Development Plan. The parcel of land is described as Pt. S1 of Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Ft. Lupton, west of Weld County Road 37 and north of Weld County Road 10. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 26, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. v We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. lea a refer to the enclosed LL letter. Q Signed: y Agency:(pr / ate: 0 — d S� Pte/ �� /f. Rod Allison I f Current Planner II Of, i9ED I 1N Id Co. PlaoninO CUfQnSStOQ ci Public Service Public Service Company of Colorado Platte Valley Division P.O. Box 158 Brighton,Colorado 80601 June 114, 1985 Weld County Planning Commission Greeley, CO 80631 Gentlemen: Public Service Company of Colorado will serve the electric power to Martin Subdivision. The property is located in Section 12, Township 1 North, Range 66 West. If you have any questions , I can be reached at 857-6661 . Sincerely, Antonio Trujillo District Representative Platte Valley Division AT:gg a Mountain Bell Greeley, Colorado June 24, 1985 Burl Van Buskirk 140 Denver Avenue Fort Lupton, Colorado 80621 Dear Sir: Mountain Bell will provide telephone facilities to the subdivision in Fort Lupton known as Martin Brothers P.U.D. in accordance with our rates and tariffs on file with the Colorado Public Utilities Commission. If you have any further questions please, call me on 339-2093. Sincerely, datiika Sue Skaley Assistant Manager DSDC PANHANDLE EASTERN PIPE LINE COMPANY P. O. BOX 121 BRIGHTON, COLORADO 80601 August 21, 1985 Mr. Rod Allison Current Planner II Weld County Planning Commission 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison; We received Ayres Associates plat map, file number 12-1N6-32L on August 19, 1985. Investigation was made by us of Argie Street, which has been moved to meet our specifications. If you should have any questions, please call me at our Brighton Office collect, 659-5922, ext. #241 . Sincerely. 771, Ken J. Neff Right-of Way Representative KJN/pm xc: KJNeff File LUG 221985 [1 Weld eo. Planning Ilmunissinn Pt 13 + of FORT Le,,_ Qttp of fort lap ton 38 COUNTY OF WELD 18 y . • 130 S. McKINLEY AVENUE FORT LUPTON ;303) 857-6667 :_..J PO. BOX 148 DENVER METRO (303) 893-5404 FT LUPTON, CO 80621 GREELEY METRO(303)3569225 COEORA00 August 19, 1985 Mr. Rod Allison WELD COUNTY PLANNING 915 10th Street Greeley, CO 80631 RE: CASE NUMBER S-249:85:6, Jim and John Martin Dear Rod: This case was reviewed by the Planning Commission at its August 13, 1985 meeting and it was determined that this area will not fall within our Master Plan. The Planning Commission, therefore, recommended that this application be returned without comment. If you have any questions, please contact me. Since y, ifitg— o ert S. Crumb Director of Public Works RSC/t ' o \-V1 AUG 211985 Weld Co. Planning Cummissioo JJ • DEPARTMENT OF PLANNING SERVICES tiltet. .( V PHONE(303)356-4000 EXT.4400 915 10th STREET qr, OREELEY,COLORADO 80631 w cpc M Pyj,N h !f l CASE NUMBER S-249:85:6 �/ At/kr COLORADO July 9, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from John 6 Jim Martin for a A Final Planned Unit Development Plan. The parcel of land is described as Pt. S1 of Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of' the parcel of land for which this application has been submitted is approximately 3 miles southeast of Ft. Lupton, west of Weld County Road 37 and north of Weld County Road 10. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of nailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. • Check the appropriate boxes below and return to our address listed above. Please reply by July 26, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Ple efer to the enclosed letter.Signe Q ie/ et.„, Agency: ic://ce(Q 'Date: k= )Q`p?f /cite (7 eel ,a) „,__.- . Rod Allison Current Planner II MAILING LIST S-249 Jim & John Martin Mineral Owners Energy Minerals Corp. Weeks Energy Minerals Corp . 1000 Security Life Building Denver, CO 80202 J`C)1'F (i(')1 O WE-86-0002 t w of_cot At,„,].)o „% as,-pi v, $ OI RICHARD D. LAMM * -7:1� o * JOHN W. ROLD GOVERNOR DIRECTOR * /876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 July 24, 1985 Mr. Rod Allison Weld County Department of Planning Services 915-10th Street Greeley, Colorado 80631 Dear Mr. Allison: Re: Martin Brothers Subdivision We have reviewed the plat, Soil Conservation Service information, and previous Martin Estates zoning change. We have not received a geologic report or water availability report that meets the requirements of Senate Bill 35. We cannot complete our review nor recommend approval of this application, until a geologic report has been complete for this development. Sincerely, Julia E. Turney Engineering Geologist ct JET-86-006 � ,y _Li _____ J Weld Co. Plammg Cumnnssiul, GEOLOGY STORYOFTHEPAST... KEYTOTHEFUTURE THE rARMERS RESERVOIR & IRRIGATION CO. 80 S. 27TH AVENUE BRIGHTON, COLORADO 80601 July 15, 1985 Planning Department 915 10th Street Greeley Colo_80631 Attn : Mr _ Rod Allison Re: Martin Estates P.U.D. Dear Rod: The Farmers Company has had problems with developments changing the historical sheet flows either by volume, quantity , or quality of the water into our canals. We feel that the burden of proving the development does not injure or change the operation of the canal is that of the developer. Please find enclosed a copy of the "Design Review Process and Design Criteria for Facilities. " This same review process is required for any of the Farmers Company canals that may be affected by development_ i If you have any questions regarding this matter please do not hesitate to call (659-7373) _ Sincerely, Farmers Reservoir and Irrigation Company k Manuel Montoya Tech. cc: FRICO Board Hydro_Triad rte-!CE \, ,, ;, 17 1985 Weld to. Pl000�g t`,lun►nlss'on rnErnoRAnDUrh 1111De. Rod son To PlanninninaDepartment Date July 22 198 COLORADO From Drew L. Schel ti nga, County Engineer Subject: Martin PUD .— — We have reviewed the material submitted and have the following comments : 1. No drainage information has been supplied. A detail contour map will not be necessary but we need information on how the storm drainage will be handled, where it will be discharged and how much. 2. Elizabeth Street between Road 10 and the P.U.D. needs to be included in this recording or the mannerin which it was dedicated as a right-of-way indicated on the plat. 3. A portion of Lot 1 is shown within the right-of-way of Road 10. I don' t think we mean to subdivide the right-of-way. 4. The dedication on the plat reads , "dedicates to the public all ways and other rights-of-way " The Declaration of Streets and covenants, conditions and restrictions reads , "(streets) have not been dedicated to the public and shall remain private property;" . The streets should be public right-of-way. They can still be maintained by an owners ' association as opposed to the county. A note should be placed on the plat that Weld County does not maintain the streets. DLS/bf O85 85 Weld Co. pp. Commission oFCOt \y RICHARD D. LAMM JERIS A. DANIELSON Governor y `� � O i - ��o, *; State Engineer * 2 */876* OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 26, 1985 Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Martin Estates PUD Dear Mr. Allison: We have received the final plan for the above referenced subdivision. We earlier commented on this proposal on December 14, 1984. These comments are still applicable. Potential lot purchasers should be informed of required well depths as wells this deep will be quite expensive. Sincerely, H/lv-i Hal D. imps n, P.E. Deputy State Engineer HDS/JRH:ma/5158H C --- .; :'j 3i PJ°IA Cn uL.,l:1°I ttII Ils''O, PANHANDLE EASTERN PIPE LINE COMPANY P. 0. BOX 127 BRIGHTON, COLORADO 80601 July 17, 1985 Mr. Rod Allison Current Planner II Weld County Planning Commission 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison: Please find enclosed a copy of our as-built map which shows our pipe line // 16-10-075-351-16", in the highlighted area of the South Half of Section 12, Township 1 North, Range 66 West, of the 6th Principal Meridian, Weld County, Colorado. On December 12, 1984, Robert Clair sent you a cover letter on this same section of land. Our position is the same as it was then. I have enclosed a copy of that letter and referral when it was case number Z-414:84: 15. I also high- lighted Ayres Associates utility plan map where our line is located. If you should have any questions, please call me at (303)- 659-5922, ext. #241 . Sincerely, Ken J. Neff Right-of-Way Representative Enclosures KJN/pm xc: KJN/File File • \-----.. I vr (6<e‘1) DOUGAN RESERVOIR 12 `° 1 9� V I I GFiizt 7.2•2012-5-: G `O [,S. 7;/-(6. L—...,.,_ o-°% /In. l&"" • tpe 14, y v t o 1 \ 90°0/'35"�' — 102757• 44°47 08" ) \ ..' 1 • ' 858.49 I it i ' :I ``I —_ 1 i 93°3225" I 1 ,----2 / / 13 ' 7 I i I 551 BB°2557] 55 ' I js 99.63 5 1 i /4 70 — � 1 075- lab-e" lx a i 1 i PANHANDLE EASTERN PIPE LINE COMvANY B. 0. BOX ,37 BRIGHTON, COLORADO 80607 December 12, 1984 Mr. James R. Mayerl Current Planner Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Dear Mr. Mayerl : Please accept this letter as reply to your 11/21/84 referral received in our office 12/10/84. Panhandle has one major concern and that involves the culdesac proposed on the west end of Arjie Street, which hubs the access to lots #2, -3, =4, and =5 of the Martin Brothers P.U.D. We do not have a problem with roads traversing parallel to us , provided a 10' area is maintained between the pipeline and extreme edge of the roadway. The drawing we received with reference file #12-1N6-30L illustrates the radius of the culdesac lying over the pipeline. Perhaps we could meet with the developer and,with a minor change, work out something which would be acceptable for both of us. Under the terms of our Right-of-Way Grant dated 12/18/79 , recorded in book 900, Rec. 1821571, the following clause was incorporated: "Grantor to have the right to construct and maintain utility lines, streets, sidewalks , and driveways which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all underground utility lines cross under said pipe line. No paved or traveled portion of any street, side- walk, driveway, road, parking area , alley or curbing will be placed substantially paralled to and within ten feet of the pipe line. Also, Panhandle maintains a 50 foot wide right-of-way and will not allow any building within that easement area. In the event of a proposed crossing with a road or utility, notification of 48 hours is • 'to be given to Panhandle so the line may be properly located to elim- inate accidents that can occur from foreign forces . Thank you very much for giving us the opportunity to respond to this referral , and if you have any further questions please do not hesitate to contact us . Very truly yours, Robert J . Clair Right-of-Way Supervisor RJC/qw nI 1 I Lin 1 6 0 075 07 12' \I I - __a 35' 4 I 16—IO-075-359-12 ot q. A W LO Eli -1 \ \ • o n \ r I __ I 0,3 ci CO r 0 o1 CO \----------N•:I ,rTh o dS `\ CO I aO 1.---. 14y ,x - ---__• I N -- - --- - 1 X I IN_____,--- -- / ' I c n ° z ti z rrl "' / (.11.. ‘I x//55 C -/N65W-N :I'j' f �:.;as 4s '• .�hp"'b.`r -} � n{y J ' A'+'- .;: u. ' ,ja_>. . ._ _ . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MARTIN BROTHERS PLANNED UNIT DEVELOPMENT THAT WHEREAS, Martin Brothers, a Partnership, hereinafter referred to as "the Declarant" is the owner of that certain parcel of real property located in Weld County, Colorado, known as MARTIN BROTHERS PLANNED UNIT DEVELOPMENT, and being here- inafter referred to as "the property" , and WHEREAS, Declarant desires to create and maintain said real property as a quality residential district; WHEREAS, Declarant desires good neighborhood appearance, peace and quietness , all of which is of value and which can only be enjoyed if all owners refuse to do, or refuse to permit certain acts relating to the use of said property. Therefore , all owners of the aforesaid property, for themselves , their heirs, successors, assigns and personal representatives , do hereby agree to comply with all the covenants herein set forth, during the period of these covenants . . Noncompliance by any owner will be cause for refusal of building permit or such owner will be subject to a decree of specific performance and payment of attorney fees and costs of any legal action necessary to enfcrce these covenants . • I . Definitions Section A. "Owner" shall mean and refer to the record owners, whether one or more persons or entities of a fee simple title to any Lot which is part of the Property, including con- tract sellers or owners but excluding those having such interest merely as security for the performance of an obligation. Section B. "Property" shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereinafter be brought within the jurisdiction of these covenants . Section C. "Lot" shall mean and refer to any plot of land shown on any recorded subdivision map of the Property. Section D. "Committee" shall mean and refer to the Ar- chitectural Control Committee, hereinafter further defined and organized. II. Protective Covenants , Building Restrictions and Architectural Control Committee 1 . Land Use. No Lot shall be used except for single-family residential purposes . No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling and private garage, attached or detached, and customary utility buildings related to residential use . 2 . Building Size. We agree not to build and not to permit or employ others to build homes on our property with less than 1 , 000 square feet of first floor area if without a basement and, if with a basement or a two-story, the home must have no less than 800 square feet of first floor area. 3 . Basement Homes . No person or persons shall live in, or permit others to live in, basement homes erected on the pro- perty. Basement homes shall mean dwellings wherein only the basements are ready for occupancy and the first floor area is not complete or ready for occupancy. 4 . Mobile Homes , Trailers. It will not be allowed to park house trailers, mobile homes , including double wide mobile homes, on said property or to use trailers for dwelling pur- poses while parked on said property. - 2 - 5 . Locations of Improvements . No person or persons shall build nearer than sixty (60) feet from the center of the road or the rear of the property, or nearer than forty (40) feet of the side property lines . 6 . Neighborhood Appearance - Materials - Permitted Uses . No noxious or offensive activity shall be carried on upon any Lot, nor may anything be done which may be or may become a nuisance or annoyance to the neighborhood. No Lot shall be used for dumping ground for trash, rubbish, or other waste, nor as a parking or storage area for vehicles or materials of any kind, other than personally owned automobiles of the owner , and except for a reasonable term while a structure on said premises is under construction. All property and premises shall be kept in a clean and sanitary condition at all times. No unsightly materials or any used car parts , used machinery parts , or used lumber and other unsightly materials shall be allowed on said property within sight of the street. No inoperable automobiles or machinery shall be parked for a period of more than 30 days and no unsightly machinery or vehicles shall be parked on the land which will detract from the beauty of the area as seen from the front yards and the front streets . Cars and pickup trucks in running order are not to be considered unsightly . No buildings , additions , or fences made out of used materials shall be allowed unless used materials are immediately painted or covered within 30 days . There are to be no buildings con- structed with tar paper roofing or rolled roofing . There is to be no building constructed of metal unless it has baked on colored finish. 7 . Work Uncompleted - Temporary Structures. No temporary structure may be started on the property unless completed within one year from the date construction is started. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. 8 . Junk Yards. No lot or any part of the property shall be used for used car lots , car sales or storage, wrecking business or junk yards . 9 . Feed Lots . No part of the property shall be used for feed lots . 10 . Animals . There shall not be allowed more than four (4) animals per acres on said property, dogs included, except as stated below, except hogs which will have a limit of two (2) per lot or combination of lots comprising a building site . Except for laws governing the area, there will be no limit on the number of chickens and rabbits , or on animals under eight weeks old, or on animals , or business enterprises or hobbies which in no way create unhealthy or unpleasant conditions for the neighbors or which in no way damage the neighbors ' lawns , or which do not detract from the peace and quietness of the area. A building or shelter will be provided for all grazing or nongrazing animals unless kept within the home . 11 . Barking Dogs . Except for dogs which bark only in the presence of strangers, intruders , or trespassers, no barking dogs shall be allowed on said property . Dogs which bark longer than ten minutes, continuously, without any of the above reasons, shall be considered undesirable. 12 . Trespassing. No children, or any animals or birds , such as pigeons , owned by us or under our control , shall be allowed to trespass on the land of others in the area, without the express consent of those upon whose land the children or animals are trespassing. - 3 - 13 . Breeding. No breeding of animals shall be allowed on the aforesaid property unless the breeding areas are shielded. from the view of the neighbors. 14 . Heatlh . No unhealthy conditions will be allowed or maintained on the property which might spread disease, bad odors , dust, or harm the health of neighbors . For example; dead animals, smelly rotten vegetables, stagnant odorous water, sloppy overcrowded animal pens with wet manure several inches deep, remaining on the aforesaid land seven days or more, shall be considered in violation of this covenant . On the other hand, animal pens with customary care and cleanliness are to be ac- cepted. 15 . Dust. No overgrazing or other use of the land shall be permitted in such a way as to present a continuous dust storm potential. For example, if land is plowed and harrowed without immediate reseeding or planting or most of the vegetation is destroyed by animals or otherwise bared over an area of one-half acre or more, said area shall be considered a dust storm poten- tial . 16 . Weeds and Wind. No weeds or tumbleweeds or other ob- noxious vegetation shall be permitted. Papers , trash or rub- bish or other obnoxious materials shall not be allowed to blow over on the neighbors ' property. 17 . Noise , Hazards , and Other Uses . No noisy animals or birds, or noisy industrial or noisy commercial activities, or industrial or commercial work which creates obnoxious smog , bad odors and objectionable noises shall be allowed on the property. These covenants , however, are not intended to eliminate agricultural activity, or other activities that do not damage the neighbors. It is understood that the zoning will remain agriculture unless modified by a majority of the owners . 18 . Minerals Extraction. No mining or extraction of miner- als shall be permitted on any Lot. 19 . Fences. All fences and structures at the intersections shall conform to County regulations to prevent obstruction of usual safety sight lines . 20 . Architectural Control . No building shall be erected, placed or altered on any building Lot, nor shall any wall, fence or other enclosure , be located thereon, until construction plans and specifications , including exterior colors for painted and stained surfaces, plot plan and roadways have been submitted to and have been approved by the Control Committee, as to quality of workmanship and materials , harmony of design with surrounding structures , exterior colors , and location with respect to topo- graphy and grade . 21 . Membership to Committee . The Architectural Control Committee is composed of John T. Martin, James I . Martin and Burl Van Buskirk, 604 1st Street, Fort Lupton, Colorado 80621 . A majority of the Committee may designate a representative to act for it in the event of death or resignation of any number of the Committee, the remaining numbers shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative shall be entitled to any com- pensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instru- ment to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers or duties . 22 . Procedure. The Committee ' s approval or disapproval as - 4 - required in these covenants shall be in writing or indicated on the builder ' s set of plans and specifications . In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof , approval will not be required and the related covenants shall be deemed to have been fully complied with. 23 . Covenants to Run with the Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1 , 1994 , at which time said covenants shall be automatically extended for successive periods of five (5) years , unless by vote of two- thirds (2/3) of the then owners of the Lots it is then agreed to change said covenants in whole or in part. These Protective Covenants may be modified in whole or in part at any time by a duly written and recorded instrument executed by two-thirds (2/3) of the then record owners of the Lots , based on one vote for each of the lots in the subdivision. 24 . Periods of Enforceability . If the parties hereto, or any of them, or their heirs or assigns , shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real pro- perty, situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or per- sons violating any such covenant, and either to prevent him or them from so doing or to recover damages or other dues for such violation. 25 . Invalidation. Invalidation of any one of these coven- ants by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF , the parties hereto set their hands and seals the day and year hereinafter written. DATED this day of , 1985 . MARTIN BROTHERS, a Partnership John T. Martin James I . Martin STATE OF COLORADO ) ss . COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1985 by John T . Martin and James I . Martin, Partners of MARTIN BROTHERS, a Partnership . Witness my hand and official seal . My Commission expires: Notary Public DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MARTIN BROTHERS HOMEOWNERS ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by Martin Brothers , of the County of Weld, Colorado, hereinafter together referred to as "Declarant" . Declarant is the owner of certain property in the County of Weld, State of Colorado, which is described as : Lots 1 through 23 , MARTIN BROTHERS PLANNED UNIT DEVELOPMENT, Weld County, State of Colorado NOW THEREFORE , Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any rights, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Martin Brothers Homeowners Association, its successors and assigns . Section 2 . "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of •a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3 . "Properties" shall mean and refer to that certain real property hereinbefore described, and such addi- tions thereto as may hereafter be brought within the jurisdic- tion of the Association. - 2 - Section 4 . "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners . The Common Area to be owned by the Association at the time of the con- veyance of the first lot is described as follows: 1. The roads, rights-of-ways, and utility and drainage easements . Section 5 . "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6 . "Declarant" shall mean and refer to Martin Brothers, their successors and assigns . ARTICLE II PROPERTY RIGHTS Section 1. Owner' s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions : (a) the right of the Association to charge reasonable fees for the use of any facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the common areas by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for an infraction of its published rules and regulations ; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members . No such dedi- cation or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by the holders of two-thirds (2/3rds) of the total votes allocated to Class A - 3 - and Class B members has been recorded. Section 2 . Delegation of Use. Any owner may delegate, in accordance with the By-Laws , his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1 . Every Owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from owner- ship of any Lot which is subject to assessment. Section 2 . The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members . The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member (s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership ,on the happening of either of the following events, which- ever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on five (5) years . - 4 - ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 . Creation of the Lien and Personal Obligation of Assessments . The Declarant, for each Lot owner within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges , and (2) special assessments for capital improvements , such assess- ments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney' s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made . Each such assessment, together with interest, costs and reasonable attorney' s fees , shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to their successors in title unless expressly assumed by them. Section 2 . Purpose of Annual Assessments . The annual assessments levied by the Association shall be used exclusively for the improvement and maintenance of the Common Area. Section 3 . Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Three Hundred and No/100 Dollars ($300 .00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a - 5 - vote of the membership . (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3rds) of the total votes allocated to Class A and Class B members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4 . Special Assessments for Capital Improvements . In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assess- ment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruc- tion, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the as- sent of two-thirds (2/3rds) of the total votes allocated to Class A and Class B members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5 . Notice and Quorum for Any Action Authorized Under Sections 3 and 4 . Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of - 6 - the required quorum at the preceding meeting. No such subse- quent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6 . Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis . Section 7 . Date of Commencement of Annual Assessments ; Due Date. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors . The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certi- ficate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8 . Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Associa- tion may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the pro- perty. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. - 7 - Section 9 . Subordination of the Lien to Mortgages . The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. However, the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No voluntary sale or transfer shall relieve such Lot from liability for any assessments there- after becoming due or from the lien thereof. ARTICLE V GENERAL PROVISIONS Section 1 . Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reserva- tions, liens and charges now or hereafter imposed by the pro- visions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein con- tained shall in no event be deemed a waiver of the right to do so thereafter. Section 2 . Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3 . Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years . This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners , and thereafter by an instrument signed by not less than seventy- five percent (75%) of the Lot Owners . Any Amendment must be recorded. - 8 - Section 4 . Annexation. Additional residential property and Common Area may be annexed to the Properties with the con- sent of two-thirds (2/3rds) of the total votes allocated to Class A and Class B members . IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1985 . MARTIN BROTHERS a Partnership John T. Martin James I . Martin STATE OF COLORADO ) ss . COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1985 by John T. Martin and James I. Martin, as Partners of Martin Brothers, a Partnership. Witness my hand and official seal . My Commission expires : Notary Public COVENANTS WE, THE UNDERSIGNED OWNERS OF MARTIN ESTATES, IN THE COUNTY OF WELD, STATE OF COLORADO, DESIRE NEIGHBORHOOD APPEARANCE, PEACE -AND QUIETNESS, ALL OF WHICH 1S OF VALUE TO US AND WHICH CAN ONLY BE ENJOYED IF EACH OF US REFUSE TO DO, OR REFUSE TO PERMIT CERTAIN ACTS RELATING TO THE USE OF SAID PROPERTY. THEREFORE, ALL OWNERS OF THE AFORESAID PROPERTY, FOR THEMSELVES, THEIR HEIRS, SUCCESSORS, ASSIGNS AND PERSONAL REPRESENTATIVES, DO HEREBY AGREE TO COMPLY WITH ALL THE COVNENATS HEREIN SET FORTH, DURING THE PERIOD OF THESE COVENANTS. FURTHER, IT IS AGREED THATTHESE COVENANTS AND RESTRICTIONS SHALL BE BINDING AND SHALL RUN WITH THE LAND UNTIL JAN. 1 , 1994. NONCOMPLIANCE BY ANY OWNER WILL BE CAUSE FOR REFUSAL OF BUILDING PERMIT OR SUCH OWNER WILL BE SUBJECT TO A DECREE OF SPECIFIC PERFORMANCE AND PAYMENT OF ATTORNEY FEES AND COSTS OF ANY LEGAL ACTION NECESSARY TO ENFORCE THESE COVENANTS. INVALIDATION OF ANY OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL IN NO WAY AFFECT ANY OF THE OTHER COVENANTS AND ALL OTHER COVENANTS SHALL REMAIN IN -FULL FORCE AND EFFECT. JUNK YARDS: We agree not to use any part of the property for used car lots, car sales or storage, wrecking business, or junk yards. FEED LOTS: We agree not to use said property for feed lots. We agree not to allow more than four (4) animals per acre on said property, dogs included, except as stated below, except hogs which will have a limit of two (2) per lot or combination of lots comprising a building site. Except for laws governing the area, there will be no limit on the number of chickens and rabbits, or on animals under eight weeks old, or on animals, or business enterprises or hobbies which in no way create unhealthy or ' unpleasant conditions for the neighbors or which in no way damage the neighbors ' lawns, -or which do not detract from the peace and quietness of the area. A building or shelter will be provided for all grazing or nongrazing animals unless kept within the home. BASEMENT HOMES: We agree not to live in, or permit others to live in, basement homes erected on our property. Basement homes shall mean dwellings wherein only the basements are ready for occupancy and the first floor area is not complete or ready for occupancy. TRAILERS - BUILDING SIZES - MATERIALS: We agree not to park house trailers, mobile homes, including double wide mobile homes, on said property or to use trailers for dwelling purposes while parked -on said property. We agree not to build and not to permit or employ others to build homes on our prop- erty with less than 1 ,000 square feet of first floor area if without a basement and, if with a basement or a two-story, the home must have no less than 800 square feet of first floor area. LOCATIONS OF IMPROVEMENTS: We agree not to build nearer than sixty (60) feet from the center of the road or the rear of the property. We agree not to build nearer than forty (40) feet of the side property lines. COVENANTS Page 2 NEIGHBORHOOD APPEARANCE: We agree not to pile, any unsightly materials or to leave any used car parts, used machinery parts, or used lumber and other unsightly materials on said property within sight of the street. We agree not to store or leave parked on said land any nonoperable automobiles or machinery for a period of more than 30 days or to park any unsightly machinery or vehicles on the land which will detract from the beauty of. the area as seen from the front yards and the front streets. Cars and pickup trucks in running order are not to be considererd unsightly. We agree not to build buildings, additions, or fences out of used materials unless used materials are immediately painted or covered within 30 days. There are to be no buildings constructed with tar paper roofing or rolled roofing. There is to be no building constructed of metal unless it has baked on colored finish. WORK UNCOMPLETED: We agree not to start any main structures on our tract unless we are able to complete said sturcture within one year from the date construction is started. DOGS: Except for dogs which bark only in the presence of strangers, intruders, or trespassers, we agree not to allow barking dogs on said property. Dogs which bark longer than ten minutes, continuously, without any of the above reasons, shall be considered undesirable. TRESPASSING: We agree not to allow our children, or any animals or birds, such ❑s pigeons, owned by us or under our control, to trespass on the land of others in the area, without the express consent of those upon whose land the chidlren or animals are trespassing. BREEDING: We agree not to allow the breeding of animals on the aforesaid property unless the breeding areas are shielded from the view of the neighbors. HEALTH: We agree not to cause, allow to continue or maintain conditions on our property which might spread disease, bad odors, dust, or harm the health of our neighbors. For example: dead animals, smelly rotten vegetables, stagnant odorous water, sloppy overcrowded animal pens with wet manure six inches deep, remaining on the aforesaid land seven days or more, shall be considered in violation of this covenant. On the other hand, animal pens with customary care and cleanliness are to be accepted. DUST: We agree not to overgraze our land, or otherwise cause land to be bared in such a way as to present a continuous dust storm potential. For example, if hind is plowed and harrowed without immediate reseeding or planting or most of the vegetation is destroyed by animals or otherwise bared over an area of one-half acre or more, said area shall be considered a dust storm potential. WEEDS AND WIND: We agree not to create conditions favorable to tumbleweeds, other obnoxious vegetation, or to pile papers or rubbish in such away that obnoxious materials could blow over on the neighbors' property. NOISE, HAZARDS, AND OTHER USES: We agree not to harbor noisy animals or birds, to engage in noisy industrial or noisy commercial activities, or to engage in industrial or commercial work which creates obnoxious smog, had odors and objectionable noises in the area. These covenants, however are not intended to eliminate agricultural activity, commercial activity COVENANTS Page 3 or other activitics that do not damage the neighbors. Any time before or on December 31. , 1984, these covenants can be changed, added to, amended, or made void with the unanimous consent of all property owners. After December 31 , 1984, the consent of the two thirds of all property owners shall he required to change any of these covenants. Read, agreed to, and approved this clay the day of 1984. State of Colorado ) County of Weld The within and foregoing instrument was acknowledged before me this day of 1.984, by: Witness my hand and official seal. • My Commission Expires: Notary Public ; Planned Unit Devblopment Change of Zone AFFIDAVIT OF INTEREST OWNERS SQRUACr ) STATE Application No. Subject Property Martin_Estates P.U.D. STATE OF COLORADO ) ) ss. I COUNTY OF WELD ) THE UNDERSIGNED, being first duly :sworn, states that to the best of his or her ; nowledge 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 subject to the application. 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 (30) days of the application submission date. Burl Van Buskirk Tie foregoing/J instrument was subscribed and sworn to before me this /S �� day A, n ipm_ am . 19frby, WITNESS my hand and official seal. MY Commission Ex ire My Crnnmisriun expires; P sMarth4, 190J •' ••.°i,cz, Notary Public 0 l' C.0`' • '.� .... r . r � , PA e 2 r NAMES OF OWNERS OF PROPERTY WITHIN „imp FEET Assessor' s Parcel Address Identification 4 Name 1471-12-0-00-030 Martin Brothers 604 1st St. Fort Lupton, Colorado 80621 1471-13-0-00-004 Pilkington, Beatrice Doyle 25 Cherry St. Denver, Colorado 80220 1471-13-1-02-001 Addy, Duane A. & Betsy S. 3995 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-02-002 Carson, Robert Smith & Carrie Esther &Calhoun, Rick A. & Judy K. 3965 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-01-001 Powell, Gerald W. 3996 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-01-002 Gil, Leroy L. & Sharon M. 3966 Cottonwood Lane Brighton, Colorado 80601 1473-07-0-00-005 Steward, Dan C. & Jo Ann 4154 WCR $37 Brighton, Colorado 80601 • . rt II� NAMES OF OWNERS OF PROPERTY WITHIN�b00��y FEET i Assessor' s Parcel I Identification I Name Address 1471-12-4-01-001 Pfannebecker, Philip t. & Carol J. 4122 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-002 Comer, J.B. & Carol J. 4092 Sunrise Lane Fort—Lupton,__Cnlorado 80621 ri'Ligar, ere) 4060( 1471-12-4-01-003 Russell, Ronald M. & Dorothy L. 4062 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-004 Russell, Ronald M. & Dorothy L. 4062 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-005 Miller, Richard E. & Barbara L. 17960 WCR #10 Brighton, Colorado 80601 ' 1471-12-4-01-006 Nolan, James Allen & NancyAnne %Kessler & Company P.O. Box 2450 Denver, Colorado 80202 1471-12-4-01-007 Adams, William D. & Dora Ann 4093 WCR #37 Brighton, Colorado 80601 1471-12-4-01-008 Jackson, Dayle L. & Lee Ann 4123 WCR #37 Brighton, Colorado 80601 1471-12-4-02-001 Romero, Mike A. & Margaret I. 4120 Martin St. Brighton, Colorado 80601 1471-12-4-02-002 Meyers, Thomas M. & Patricia A. Rt. 1, 4080 Martin St. Brighton, Colorado 80601 1471-12-4-02-003 Van Deveren, Glen & Virginia R. 17835 WCR #10 Brighton, Colorado 80601 1471-12-4-02-006 Dowler, Lester 0. & Charlotte A. 4061 Sunrise Lane Brighton, Colorado 80601 1471-12-4-02-007 Owens, Wilburn D. & Yvonne E. 4091 Sunrise Lane Brighton, Colorado 80601 ' 1471-12-4-02-008 Spies, Larry F. & Pamela K. 4121 Sunrise Lane Brighton, Colorado 80601 1471-12-4-00-008 Donahue, Richard M. & Elizabeth A. 4119 Martin St. Brighton, Colorado 80601 1471-12-4-00-009 Diller, Dennis J. & Laura M. 17765 WCR #10 Brighton, Colorado 80601 1471-12-4-00-006 Crimes, Harold & Neva 17605 WCR #10 Fort Lupton, Colorado 80621 1471-12-4-00-002 Donahue, Richard M. & Elizabeth A. 4119 Martin St. Brighton, Colorado 80601 1471-12-0-00-040 Maguire, Carl L. & Iva M. 4753 WCR #37 Fort Lupton, Colorado 80621 1471-12-0-00-008 Anderson, Harold D. & Theodosia A. 2851 Birch Denver, Colorado 80207 I 1471-12-0-00-007 Ianelli, Joseph G. ' & Shirley J. 3915 Whitman St. Denver, Colorado 80212 1 I i Hello