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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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850115.tiff
RESOLUTION RE: APPROVE AMENDMENT TO FINAL PLANNED UNIT DEVELOPMENT PLAN, BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING - BEEBE DRAW LAND COMPANY, LTD. 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 23rd day of December, 1985 , at the hour of 9 :00 a.m. in the Chambers of the Board for the purpose of considering an Amendment to the Final Planned Unit Development Plan for Beebe Draw Farms and Equestrian Center, First Filing, and WHEREAS , said Final P.U.D. Plan concerns the following described real estate, to-wit: Sections 3 , 4 , 5 , 8 , 9 and 10 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board 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 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. On July 2 , 1985 , the Board of County Commissioners approved the original Planned Unit Development Plan because the application met the required criteria of the Weld County Zoning Ordinance. b. The amended Final Planned Unit Development Plan conforms to the approved Planned Unit Development district. c. The uses, building and structures permitted shall be compatible with the existing or future 850115 Page 2 RE: AMEND FINAL PUD PLAN - BEEBE DRAW development of the surrounding area as permitted by the existing zoning, and with future development as projected by the Weld County Comprehensive Plan. d. The amended Tinal Planned Unit Development Plan conforms with the performance standards outlined in Section 33 .3 of the Weld County Zoning Ordinance, subject to conditions as listed below. e. The Tinal Planned Unit Development Plan is not located in an overlay district area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Final Planned Unit Development Plan on the hereinabove described parcel of land be, and hereby is, approved subject to the following conditions : 1 . The applicant submitting Improvements Agreements According to Policy Regarding Collateral for Improvements for a) Access Roads and b) Improvements within the Planned Unit Development approved by the Board of County Commissioners prior to recording the Final Planned Unit Development Plan plat. 2 . The following notes being placed on the Final Planned Unit Development Plan plat: a. The uses permitted in this Planned Unit Development are R-1 (single family dwelling) , R-3 (attached dwelling units of two or more but not more than six dwelling units per legal lot) , recreational uses as described in the application material on file with the Department of Planning Services, and oil and gas production facilities. b. All dwelling units, the indoor and outdoor arenas, stadiums, and the clubhouse shall be located a minimum of three hundred feet from oil and gas drill sites and production facilities. c. The Central Weld County Water District shall provide the water supply to the Planned Unit Development district. The water supply system shall be provided consistent with the requirements of Section 8-10 , -et seq. , of the Weld County Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. Page 3 RE: AMEND FINAL PUD PLAN - BEEBE DRAW d. The applicant, developer and/or homeowners association shall provide and maintain all roads internal to the Planned Unit Development District. She roads internal to the Planned Unit Development District -shall remain private and must comply with design standards listed in -Sections 8-1 , et seq. , and 8-2 , et seq. , of the Weld County Subdivision Regulations_ e. Additionally, the Beebe Draw ≥±'-arms and Equestrian Center Property Owners Association and Weld County shall comply with the Road Maintenance -and Improvements Agreement regarding impacts to Weld County Roads signed on April 3 , 1985 . f. The applicant, developer and/or property owner shall be limited to fifty -single family residential building permits per year until -such time that Item #13 of the approved Road Maintenance and Improvements Agreement dated April 3 , 1983 , has been -completed to -the satisfaction of the Board of County Commissioners. The above and foregoing Resolution wa-s, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. BOAl2D OF COUNTY COMMISSIONERS ATTEST: ®p' ^ WELD LOUNTY, LOLORADO Weld County therk and -Recorder and Clerk to the Board acq ine J son, Chairman EXCUSED BY: y Gene 12. Brantner, Pro Tem Deputlf APPROVED AS TO FORM: C.W. Kirby EXCUSED Gordon E. Lacy :-/ Co rrEy Attorne�� HEARING CERTIFICATION DOCKET NO. 85-88 -RE: AMENDMENT TO FINAL PLANNED I1NIT DEVELOPMENT PLAN - BEEBE DRAW FARMS -AND EQUESTRIAN CENTER, FIRST FILING A public hearing was conducted on December 23, 1985, at 9:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary -Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby _certify that pursuant to a notice dated November 13, 1985, and Auly published November 21, 1985, in the Johnstown -Breeze, a public hearing was conducted to consider an amendment to the Final Planned Unit Development Plan for -Beebe Draw Farms and Equestrian Center, First Filing. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. Morris Lurk, general partner of Beebe Draw Land Company, stated that recommended Conditions #1, #2, #4 and #5 have been complied with and requested that those Conditions -be deleted. Ms. Dunn stated that the Planning staff has no problem with those Conditions being deleted. No public comment was made concerning this request. Commissioner Kirby moved to approve the amendment to the -Final Planned Unit Development Plan requested for Beebe Draw Farms and Equestrian Center, First Filing, subject to Conditions #3 and #6 only. Commissioner Yamaguchi seconded the motion -which carried unanimously. This Certification was approved on the 30th day of December, 1985. APPROVED: BOARD OF COUNTY COMMISSIONERS „1 ATTEST: 9 d WELD COUNTY, COLORADO fr Weld County Clerk and Recorder 61::11.-rt \ \ \r{i\o„,_and Clerk to the Bo d cqune Joh.s.n, Chairman By: �,�/ � EXCUSED DATE OF NEARING Deputy 7 aunty C k Gene R. Brantner, Pro-Tem C.WiR rby/4/ EXCUSED DATE OF HEARING Gordon E. -Lacy v � n Fra�nk�Yamagu�hi ; r TAPE #85-108 DOCK-ET #85-88 LHR 2220 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DECEMBER 23, 1985 9:00 A.M. DOCKET # 85-88 CHANGE FINAL PUD PLAT - BEEBE DRAW LAND CO. , LTD. DOCKET # DOCKET # PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attendi-ng. NAME ADDRESS HEARING 2-_TTENUING G\x 7�1 00 Mo, 80-0 63.44461-6 6:-/'.i ' r/ 4-_,A - f �ctz_ /6p? — tl 6-2..CJA np yI �/6n G� • ii'L(-( � �"�'� / ( 1-4/Z- 172 4 UhFw. ✓. NOT 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 following proposed change to a 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 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 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. 85-88 Beebe Draw Land Company, Ltd. 1551 Larimer Street Denver, Colorado 80202 DATE: December 23, 1985 TIME: At or about 9:00 A.M. REQUEST: Amendment to Final Planned Unit Development Plan - Beebe Draw Farms and Equestrian Center First Filing LEGAL DESCRIPTION: Sections 3, 4, 5, 8, 9 and 10, Township 3 North, Range 65 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: November 13, 1985 PUBLISHED: November 21, 1985, in the Johnstown Breeze Affidavit of Publication STATE OF COLORADO) County of Weld) ss. Paul Massey of said County of Weld being duly sworn,say that I am publisher of Platteville Herald that the same is a weekly newspaper of general circulation was printed and published in the town of P1Rtt Rill lie in said county and state: that the notice of adver- tisement,of which the annexed is a true copy has been published in said weekly newspaper for oneata.; x weeks: that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publica- tion of said notice and in the newspaper proper - Legal-Notice Greeley,Colorado. and not in a supplement thereof: that the first Pursuant to the toning laws of the publication of said notice was contained in the State of Colorado and the Weld - APPLICANT - County Lenmg Ordinance, public • Beebe Draw Land Company,Lm.issue of said newspaper bearing the date, the hearing will be held in the • - 1551 Latimer Street Chambers of 1M.Board of county - t?}gyu,Colorado/9303 12 date of Dec. A.D.• 19 85 Commissioners of Weld County, - ' Colorado,Weld County Centennial DOCKET NO.'151_e and the last publication thereof. in the issue of Center,91510th Street,First Floor, .Greeley, Col , at the time DATE: December 33,1955 said newspaper,bearing date,the_12 day of specified. Alt persons in any. manner Interested IA the following 'TIME: At or about 9:00 A.M. December . 19 8ljlhat the said - proposed Change%a Final Planned Unit Do elepne nt Plan are remiss- REQUEST: AmengmenF-fo Final ted to attend and may be heard. ` Pleased Unit Development Plan PIAttRVillR HP^A ir3 Should the applicant or any Beebe Draw Farms and Equestrian has been published continously and uninter- - interested party Center First Filing paaty4cant tat pre- ruptedl\' during the period of at least fifty-two sence of a court reporter to make a- LEGAL DESCRIPTION: consecutive weeks next rior to the first issue record tl the proceedings, In P waill be to-the ing record which Y sections 3, 4, n 9 W 10, thereof containing said notice or advertisement keptwillou during the hearing,the Tovmship3 North,Range 65 West of above referred to: and that said newspaper was Clerk tO the Board's Office can be the 6th P.M., Weld County, said contacted for a list Of court raper- Colorado at the time of each of the publications of tars in the ante.If a court reporter + ' notice duly qualified for that purpose within the Is obtained; clerk to the Board's • BOARD OF COUNTY meaning of an act entitled, "An Act Concerning Office shall be advised in writing of COMMISSIONERS Legal Notices. Advertisements and Publications - such action at least five days prior WELD COUNTY,COLORADO.. to the hearing.The cost of engaging and the Fees of Printers and Publishers thereof. a court reporter shall be borne by By; MARY ANN FEUERSTEIN and to Repeal all Acts and Parts of Acts in Con- the requesting party. COUNTY CLERK RECORDER filet with the Provisions of this Act" approved BE IT ALSO KNOWN that the text AND CLERK TO THE BOARD April 7. 1921, and all amendments thereof, and and maps so certified by me Weld BY:.Mary Reiff, particularily as amended by an act approved, COuntyplenfdag Cotmltl$Nna MeY _ DEPUTY March 30. 1923, and an act approved May 13. be examined in the office of the 19 Clerk to the Board of County BATED: November 13, 1955 Commissioners,located In the Weld County Centennial Center, Published in the Platteville Herald aci eblisher 2�—//�Pu< 915 10th Street, Third Floor, on.December 12, 1985. Subscribed and sworn to before me this !/ E{ day of 2'Y` /I A.D., 19 gE ti L-ve ,LAk, i✓i q Notary 1°ublie ft is / ie�YgN �'jI g7 616, i+q My commission expires I!/1J 1d AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 1 55 COUNTY OF WELD ) I, Clyde Briggs, do solemnly swear that I 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, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said NOTICECounty of Weld for a period of more than fifty-two consecutive weeks prior to the Pursuant to the zoning laws of first publication of the annexed legal notice the State of CZoning and the or advertisement; that said newspaper has Weld County Zoning Ordinance, Center, 915 10th Street. Third the chambers or thebBo Board or been admitted to the United States mails as Floor, Greeley, Colorado. County Commissioners of Weld ' DOCKET NO. 85-86 second-class matter under the provisions tit Centennial I Center,915d Co10th the Act of March 3, 1879, or talc Street, First Floor, Greeley, APPLICANT amendments thereof, and that said Colorado, at the time specified. Beebe Draw Land Company. All persons in any manner Ltd. newspaper is a weekly newspaper duly interested in the following 1551 Latimer Street qualified for publishing legal notices and proposed change to a Final Denver, Colorado Planned Unit Development Plan - 80202 advertisements within the meaning of the are requested to attend and may be regrd.DATE:December 23.1985 laws of the State of Colorado. Should the applicant or any TIME: At or about 9:00 A.M. That the annexed legal notice or advertise- interested party desire the • methwas published inthe regular and presence of a court reporter to REQUEST: Amendment to Final entire issue of every number of said weekly make a record of the pro- Planned Unit Development Plan ceedings,in addition to the taped — Beebe Draw Farms and newspaper for the period of ...1.. consecu- record which will be kept during Equestrian Center First Filing the hearing,, the Clerk to the live insertions; and that the first Board's Office can be contacted LEGAL DESCRIPTION: Sections publication of said notice was in the issue of for a list of court reporters in the 3, 4, 5, 8. 9 and 10. Township 3 area. If a court reporter is North, Range 65 West of the 6th said newspaper dated /IV. A.U. Il' obtained,the Clerk to the Board's P.M.. Weld County. Colorado Office shall and that the last publication of said notice of such a be advised in writing tion at least five'days BOARD OF COUNTY was in the issue of said newspaper dated prior to the hearing. The cost of COMMISSIONERS engaging a court reporter shall WELD COUNTY„ A.D. 19 be borne by the requesting party. COLORADO In witness whereof I have hereunto set BE IT ALSO KNOWN that the BY: MARY ANN my hand this ...2..Z. day of „rid text and maps so certified by the FEUERSTEIN Weld County Planning Com- COUNTY CLERK AND A.D. 19€5 mission may be examined in the RECORDER AND CLERK office of the Clerk to the Board of " TO THE BOARD Cd in n the Weld County Centennial BY: Mary Reiff, Deputy DATED: November 13. 1985 /4" Publisher • PUBLISHED: November 21, 1985. In the Johnstown Breeze Subscribed and sworn to before me, a Notary Public in and for the County of Wel State of Colorado, this . ,g- day of ' .. .. Al). 19 3.... Notary Public My commission expires 2 Scv.l❑ GC ,. JoHJ...n, -- / _ r NOT 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 following proposed change to a 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 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 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. 85-88 Beebe Draw Land Company, Ltd. 1551 Larimer Street Denver, Colorado 80202 DATE: December 23, 1985 TIME: At or about 9:00 A.M. REQUEST: Amendment to Final Planned Unit Development Plan - Beebe Draw Farms and Equestrian Center First Filing LEGAL DESCRIPTION: Sections 3, 4, 5, 8, 9 and 10, Township 3 North, Range 65 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: November 13, 1985 PUBLISHED: November 21, 1985, in the Johnstown Breeze /7)O9/8/7 / DEPARTMENT OF PLANNING SERVICES tocil (( PHONE(303)356-4000 EXT.4400 ro 915 10th STREET GREEL.EY,COLORADO 80631 vID €. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on December 3, 1985 at 1:30 p.m. to review a request for approval of an amendment to a Final Planned Unit Development Plan, First Filing, from Beebe Draw Land Company, Ltd. , on a parcel of land located in Sections 3, 4, 5, 8, 9, and 10, T3N, R65W of the 6th P.M. , Weld County, Colorado, containing 1208 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 December 3, 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. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by November 21, 1985. Received by: Date: ROCKYM. UNTAUN ENERGY December 18 , 1985 IN 4'"' "p D Board of County Commissioners ij1 9165 Weld County Centennial Center �� . / S 915 10th Street .r_ *he n.: . Greeley, Colorado 80631 K Attention: 14s . Mary Ann feuerstein ,s,i- Gentlemen: Re: -Beebe Draw Land -Company, Ltd . Amendment to Final PUD Weld County, Colorado Pursuant to your notice regarding th-e above-captioned subject, plea-se be advised that -Union Pacific Land -Resources Corporation (UPLRC) , a subsidiary of the Union Pacific Corporation, -owns mineral rights (including sand and gravel) in and underlying the following-described lands : Township 3 North, Range 65 West Section 3 : NE1/4 , W1/2SE1/4 Section 5 : All Section 9 : All All of these lands are included in -Beebe Draw Farms -Manned Unit Development Plan for an equest-rian center first filing. While the mineral potential of these lands is largely unknown, we have specifically identified 'coal deposits . There- fore, the request of the applicant, Beebe Draw Land Company, Ltd. , is of concern to us because it 'could preclude future development of -our coal deposits . In this connection, we call your attention to Colorado Revised Statute 34-1-305 dealing with the preservation of commercial mineral deposit-s for extraction. We have attended several public hearings in the past -regarding this rezoning request and have voiced out concern relative to this matter . Bo.20[A ExirnD'i 4 Board of County Commis-sign-ers Desembsr 18 , 1985 Page Two We have been unsuccessful in our attempts to reach a satisfactory arrangement with Beebe Draw Zand Company, Ltd. to serve our mutual interests . Therefore, in order to protect our mineral right-s covering the above-described lands , sae must object to the applicant ' s rezoning request and ask the Weld County Commissioners to deny said request based upon the Colorado Revised :tatut-e 34-1-3D5 . Very truly yours, S. Z. Whits Land Supervisor SLW:TMD 2683B EXHIBIT L INVENTORY ET /CONTROL SHE Case e �,/ -UJGfl-� ?C/P A-61- Exhibit Suhnnitted ByD /J Exhibit Description % (//A. -O £il /L Cd, ��, /l ..2.Z ?CC-ee�%etade B. k- ' 424 /r•D• / �O// y .aez.r e nt, �9-/i �G . AzerrYl//12's'/J,y/4721;;v E. X247.-27.-77.4 eiZe9 G 1- ! l/T/JJlQ�t6 ��/ iii71,G F. ge4 X/'GG ,.U✓T(s 7724-6e' Z.2/ 4gis® O �J H. ter/ y I. J. K. L. M. N. O. Summary of the Weld County Planning Commission Meeting December 3, 1985 Page 3 The Chairman asked Mr. Gumma if he had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff. He stated he had and sees no problem with them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and Development Standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Doug Graff moved Case Number USR-706:85:51 for Tony and Katie Gumma for a Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Don Johnson. 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 - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Amended S-247:85:10 APPLICANT: Beebe Draw Land Company, Ltd. REQUEST: Amendment to a final Planned Unit Development Plan, First Filing LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in T3N, R65W of the 6th P.M. , Weld County Colorado. LOCATION: Approximately 6 miles east of Platteville; east of Weld County Road 39 and south of Weld County Road 38. APPEARANCE: Morris Burke, General Partner, Beebe Draw Land Company, Ltd. , represented the applicants. He stated most of the changes are to the internal roads. Some of the lot sizes have changed, and instead of having 214 lots they will now have 195 lots. They have eliminated three cul-de-sacs and added a through street to enable better traffic flow through the Planned Unit Development. Some of the utility easements have been changed and these have been approved by the Weld County Utilities Coordinating Committee. cif/1/8/7 IC Summary of the Weld County Planning Commission Meeting December 3, 1985 Page 4 The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Burk if he had reviewed the recommendations and conditions as outlined by the Department of Planning Services staff. He stated he has and has no objections to anything stated. The Chairman asked that reading of the recommendations and conditions as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of the proceedings. MOTION: Lydia Dunbar moved Lase Number S-247:85:10 for Beebe Draw Land Company, Ltd. , for an amendment to a final Planned Unit Development Plan, First Filing 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 the testimony of the applicant. 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 - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Z-423:85:9 APPLICANT: Allan W. Smith REQUEST: Change of Zone from R-1 (low density residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in SE} SE} of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Greeley; west of Fern Avenue on East 18th Street. APPEARANCE: Allan W. Smith, property owner and applicant, stated this is a request for an aqua culture farming operation, but the property is zoned Residential—One and the farming operation does not fit into this type of zoning. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amend S-247:85:4 r .- , NAME: Beebe Draw Land Company, Ltd. DEC 6 1985 ADDRESS: 1551 Larimer Street, Denver, CO 80202 REQUEST: Amendment to a Final Planned Unit Development PlahL.L . coL.o, LEGAL DESCRIPTION: A tract of land in Sections 3, 4, 5, 8, 9, and 10, all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 6 miles east of Platteville; east of Weld County Road 39 and south of Weld County Road 38. 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 28.5 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.3.2 of the Weld County Zoning Ordinance as follows: — The proposal is consistent with the Weld County Comprehensive Plan. On July 2, 1985, the Board of County Commissioners approved the original Planned Unit Development Plan because the application met the required criteria of the Weld County Zoning Ordinance. - The amended Final Planned Unit Development plan conforms to the approved Planned Unit Development district; - The uses, building, and structures permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with future development as projected by the Weld County Comprehensive Plan; - The amended 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 is not located in an overlay district area. Beebe Draw Land Company, Ltd. Amended S-247:85:4 December 3, 1985 Page 2 This recommendation is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities reviewing the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The applicant addressing the specific concerns and recommendations of the Weld County Engineering Department prior to recording the Final Planned Unit Development Plan plat. 2. The applicant addressing the specific concerns and recommendation of the Weld County Reorganized School District RE-1. 3. The applicant submitting Improvements Agreements According to Policy Regarding Collateral for Improvements for a) Access Roads and b) Improvements within the Planned Unit Development approved by the Board of County Commissioners prior to recording the Final Planned Unit Development Plan plat. 4. Prior to the issuance of any residential building permits, a law enforcement authority shall be in place and operating according to state law. 5. The applicant addressing the specific concerns and recommendations of the Panhandle Eastern Pipeline Company prior to recording the Final Planned Unit Development Plan plat. 6. The following notes being placed on the final Planned Unit Development Plan plat: A. The uses permitted in this Planned Unit Development are R-1 (single family dwelling) , R-3 (attached dwelling units of two or more but not more than six dwelling units per legal lot) , Recreational uses as described in the application material on file with the Department of Planning Services, and oil and gas production facilities. B. All dwelling units, the indoor and outdoor arenas, stadiums, and the clubhouse shall be located a minimum of 300 feet from oil and gas drill sites and production facilities. Beebe Draw Land Company, Ltd. Amended S-247:85:4 December 3, 1985 Page 3 C. The Central Weld County Water District shall provide the water supply to the planned unit development district. The water supply system shall be provided consistent with the requirements of Section 8-10 et. seq. of the Weld County Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. D. The applicant, developer and/or homeowner's association shall provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District shall remain private and must comply with design standards listed in Section 8-1 et seq. and 8-2 et seq. of the Weld County Subdivision Regulation. E. Additionally, the Beebe Draw Farms and Equestrian Center Property Owners Association and Weld County shall comply with the Road Maintenance and Improvement Agreement regarding impacts to Weld County Roads signed on April 3, 1985. F. The applicant, developer and/or property owner shall be limited to fifty (50) single family residential building permits per year until such time that Item #13 of the approved Road Maintenance and Improvements Agreement dated April 3, 1985, has been completed to the satisfaction of the Board of County Commissioners. Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Lydia Dunbar Doug Graff Lynn Brown Don Johnson Louis Rademacher Ann Garrison Paulette Weaver Jack Holman Beebe Draw Land Company, Ltd. Amended S-247:85:4 December 3, 1985 Page 4 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 December 3, 1985, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 4th of December, 1985. tbol,.l. .ko Qood Bobbie Good Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number/ ydf�VI/fJ �/O /111 / „ ` Submitted or Prepared Prior to Hearing At Hearing 4Et1. Application d Pages (% 2. Application p, _ 'cation plat(s) /1 page(s) L' 3. - DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPSS Mineral Owners Mailing List�J V 7. DPS Maps Prepared by Planning Technician 1, 8. DPS Notice of Hearing i/ 9. DPS Case Summary Sheet 10. DPS Field Check / // 11. ///9-IS /7' n-1C/tlYkol 7YOn. CanisJ 1$ IL -Stint' 2. S; �j , nt' u 11 b ) �ivJ,cR , i-Kk.f / ✓. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the L2 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further cern that ,these items wew_forwarded to the Clerk to the Board's office on e', 19 rL, 4 -,___ Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 1." DAY OF ZyLey 19 B 4 , SEAL \\ ' N0tl'ARY PUBLIC //EAR„3,i 6 MS: COMMISSION EXPIRF£ My Commission Expires Feb. 13, 1989 „-- / F P - rot ro is II p M m o � H Pi. . . is 8 l OW a I U N L tO W ¢ OW w� N Zi F., ;N I p'.D u. zDS t.,, a f ' D HN k7 IM - s La F 0 _. .I II-A! ”2.i 1R I V]O i`cr c)rrr 0' ¢O z? 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Osn U .. � CI LTJ z o cn H -o U H 70 0 zai 1 cc W coLoo - W W x a s n • PS FOrM-X7)71, ' N f a -X. d X P. as • Y 1883.44415 "`"+'tj 8`nsmt RECEIPT a o v1 W m 43 LL w Z N yF3,�'i�". 6 O`O rl we > W FOtEi p _ 3 cu o� 1� S U o�'" m 2 " ^ U p z? G G]a >, ' w � g 2 O U 1 $ iii h ry LLa� as d s$WH ..DMF mO ill I�6 0 -0 ! iufth r I I • .1 1 -❑ ❑ h ti 11 U W E ,' I. liii__ _ _ _ __ _ ______— P$Farm3BI . .hlty 1199'447-WE _J 0 ¢ >+ M fcr D 9 Rl zw o o r s W >¢ H �7 N K� O H H a+ op u"rs- Ocr u. z D W G rIL__ g9 fit P1 o4 W CC 0 Z O m -5 I .. u. $ RI Fpm 3811,4041183.447845 "a7/r<�� IC RETWWAECEIPT BEEBE DRAW LAND COMPANY, LTD. 1551 LARIMER.SUITE 2706 DENVER, COLORADO 80202 PHONE 620-0967 November -4, 19855 NOV j 81985 Department of Planning Services 2; 915 10th Street Greeley, CO 80631 Gentlemen: The accompanying Planned Unit Development Plan Application is a request for approval of proposed changes in some of the lots and roads in the PUD Final Plan approved by the Weld County Commission on July 24, 1985, but which has not been recorded yet. The changes are: 1. A reduction in the number of lots from 214 to 19( by omitting 1f lots. 2. An increase in the size and change of shape of several 2fthe remaining lets. 3. Several small road changes: a) The extension of "Stoneleigh Lane South" to the South line of Filing One to provide better traffic and emergency vehicle circulation in the future filing on the south. b) The -moving of a cul-de-sac from the south side of "Beebe Draw Farms Parkway" -to "Le-dyard Road South" because several of the effected lots had a road on both sides. c) Turning "Ledyard Road North" to the west to eliminate two cul-de-sacs and improve the lot layout and size. d) Turning the original "Ledyard Road North" to the southeast to _connect to "Essex Road South" and changing the name to "Essex Road North" . Two of the lot changes were necessitated by slight revisions in future oil and gas well locations because of an operator's farm out. As long as those changes are needed, we want to make the others becaus-e they improve the plat. Other than the changes in some utility easements because of lot shape changes, the few changes in the Road and -Drainage -Flans, and the changes in the 1-ot numbering, none of the other referral agency approvals should be effected. Department of Planning Services November 4, 1985 Page Two We -will submit revised plans directly to the County Engineering Department, the LaSalle Fire District, the Central -Weld Water District, the Union REA and Mountain Bell , and will discuss the changes with them to be certain that there are no adverse effects or comments. We would appreciate anything else that can be done to assist us in getting on the Planning and Zoning adgenda for Dec. 3, 1985. We are simultaneously requesting pre-advertising by the County Commission for their Dec. 11, 1985 adgenda. Sincerely, BEtE DRA LAND COMPANY, LTD. t'Mor is Burk, General Partner 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 Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Beebe Draw Farms ant Equestrian Center. Revisions to previously approved but unrecorded First Filing. See Attached Plat and Legal (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION Beebe Draw Farms and Equestrian Center EXISTING ZONING PUD PROPOSED ZONING Same TOTAL AREA (ACRES) 1170.40 NO. OF PROPOSED LOTS 193 LOT SIZE: AVERAGE 2.4 acres MINIMUM 1.507 acres UTILITIES: WATER: NAME Central Wel-d County Water District SEWER: NAME Individual Septic Systems GAS: NAME Propane PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME RE -1 Gilcrest FIRE: NAME LaSalle Fire District DESIGNERS' NAME -ARIX PC 356-3930 ADDRESS P.U. Box 2021, Greeley, CU PHONE ENGINEERS' NAME ARIX, A Protessional Corporation 356-J930 ADDRESS P.U. Box 2021, Greeley, CU PHONE FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME Legal Title: Beebe Draw Cattle Co. , a Limited Partnership ADDRESS 1551 Larimer Street, Denver, CO- BI202 PHONE NAME ADDRESS Equity Owner pursuant to Contract Tor ueea -pHoN2 Jan 31, 1983 NAME Beebe Draw Land company, no. , a Limited Partnership ADDRESS 1551 Larimer Street, Denver, CO BU2U2 _PHONE t 2U-09b/ I hereby depose and -stag under the penalties of perjury that all statements, proposals' anti/or -plans submitted with or contained within this application are true and correct to the best of my knowledge. BEEBEpDRAW LAND -COMPANY, LTD. By Morri Burk, General Partner COUNTY OF WELD ) STATE OF COLORADO ) Y Sign Joe ner of Authorized Agent Subscribed and sworn to tefore me this 3-7L.\_ day of 1ftp\i ., w`„e , i,� , 19 It SEAL -� ,� NOTARYPUBLI ��� �� My commission expires: (/)/.2 7(ci-s7 104-79-026 WCDPS-78-1 Planne-d Unit Development Plan AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Beebe Draw Farms and Equestrian tenter First Filing -as amended STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is -a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (-500) feet of the -property 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 app ication submission date. ill rycm O(�Aith ANn COMPANY I Tn. ByMorrts lurk, General Partner The Ioregoing instrument was subscribed and sworn to before me this day .^4 w` p`w— , 19S-5. WITNESS my hand and official seal. My Commission expires: h /A11 ( ,�� S vP%d\r"\[ik-5-- Pub_im Planned Unit Development Plan NAMES OF OWNERS OF PROPERTY WIT-UIN 500 FEET Please _print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION II Jerrol4 J. Wardell 182:53 Welid County Rd. 32 62121307900006 and Anne c Wardell P1Btteville, CO RnE51 f212131Rnnnnn2 6212131800-0001 6911131 Rnn11n13 621-21319000010 6919112000OnoR n MINERAL OWNERS Amend S-247:85:10 Beebe Draw Land Company, Ltd. Aristocrat Angus Ranch Ben Houston, Cenral Partner Route 2, Box 76-A Platteville, CO 80651 Upland Industries Corporation 110 North 14th Street, #1000 Omaha, NE 68102 Machii-Ross Petroleum Co. 3420 Ocean Park Blvd. #3070 Santa Monica, CA 90405 Vessles Oil & Gas Company 600 South Cherry, #1220 Denver, CO 80222 Amoco Production Company ATTN: Pam Staley 1670 Broadway Denver, CO 80201 n Surrounding Property Owners Amend S-247:85:10 Beebe Draw Land Company, Ltd. Carl A. and Virginia Jepsen 20121 Weld County Road 42 La Salle, Colorado 80645 The Farmer's Reservoir and Irrigation Co. 80 South 27th Avenue Brighton, Colorado 80601 Beebe Draw Cattle Company 1551 Larimer Suite 2706 Denver, Colorado 80202 Jerrold J. and Anna E. Wardell 18253 Weld County Road 32 Platteveile, Colorado 80651 Date: December 3, 1985 CASE NUMBER: Amend S-247:85:40 NAME: Beebe Draw Land Company, Ltd. ADDRESS: 1551 Larimer Street, Denver, CO 80202 REQUEST: Amendment to a Final Planned Unit Development Plan LEGAL DESCRIPTION: A tract of land in Sections 3,4,5,8,9, and 10, T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 6 miles east of Platteville; east of Weld County Road 39 and south of Weld County Road 38. 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 28.5 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.3.2 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. On July 2, 1985, the Board of County Commissioners approved the original Planned Unit Development Plan because the application met the required criteria of the Weld County Zoning Ordinance. - The amended Final Planned Unit Development plan conforms to the approved Planned Unit Development district; - The uses, building, and structures permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with future development as projected by the Weld County Comprehensive Plan; - The amended 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 is not located in an overlay district area. This recommendation is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities reviewing the request. Beebe Draw Land Company, Ltd. Amended S-247:85:4 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant addressing the specific concerns and recommendations of the Weld County Engineering Department prior to recording the Final Planned Unit Development Plan plat. 2. The applicant addressing the specific concerns and recommendation of the Weld County Reorganized School District RE-1. 3. The applicant submitting Improvements Agreements According to Policy Regarding Collateral for Improvements for a) Access Roads and b) Improvements within the Planned Unit Development approved by the Board of County Commissioners prior to recording the Final Planned Unit Development Plan plat. 4. Prior to the issuance of any residential building permits, a law enforcement authority shall be in place and operating according to state law. 5. The applicant addressing the specific concerns and recommendations of the Panhandle Eastern Pipeline Company prior to recording the Final Planned Unit Development Plan plat. 6. The following notes being placed on the final Planned Unit Development Plan plat: A. The uses permitted in this Planned Unit Development are R-1 (single family dwelling) , R-3 (attached dwelling units of two or more but not more than six dwelling units per legal lot) , Recreational uses as described in the application material on file with the Department of Planning Services, and oil and gas production facilities. B. All dwelling units, the indoor and outdoor arenas, stadiums, and the clubhouse shall be located a minimum of 300 feet from oil and gas drill sites and production facilities. C. The Central Weld County Water District shall provide the water supply to the planned unit development district. The water supply system shall be provided consistent with the requirements of Section 8-10 et. seq. of the Weld County Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. Beebe Draw Land Company, Ltd. Amended S-247:85:4 Page 3 D. The applicant, developer and/or homeowner's association shall provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District shall remain private and must comply with design standards listed in Section 8-1 et seq. and 8-2 et seq. of the Weld County Subdivision Regulation. E. Additionally, the Beebe Draw Farms and Equestrian Center Property Owners Association and Weld County shall comply with the Road Maintenance and Improvement Agreement regarding impacts to Weld County Roads signed on April 3, 1985. F. The applicant, developer and/or property owner shall be limited to fifty (50) single family residential building permits per year until such time that Item #13 of the approved Road Maintenance and Improvements Agreement dated April 3, 1985, has been completed to the satisfaction of the Board of County Commissioners. LAND-USE APPLICATION SUMMARY SHEET Date: November 26, 1985 CASE NUMBER: Amended S-247:85: 10 NAME: Beebe Draw Land Co. , Ltd. ADDRESS 1551 Larimer Street, Denver, Colorado 80202 REQUEST: Amendment to a Final Planned Unit Development Plan, First Filing LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 6 miles east of Platteville; east of Weld County Road 39 and south of Weld County Road 38 SIZE OF PARCEL: 1,170.40 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 28.3.2 of the Weld County Zoning Ordinance. On November 21, 1985, the Utility Coordinating Advisory Committee approved all amendments to utility easements as proposed by the applicant. The County Engineering Department also reviewed and approved restructuring of internal roads as well as the storm retention accommodations. The Department of Planning Services has received no objections to this proposal. FIELD CHECK FILING NUMBER: Z-412:84:13 DATE OF INSPECTION: October 15, 1984 NAME: Beebe Draw Cattle Company REQUEST: A Change of Zone form Agricultural to Planned Unit Development LEGAL DESCRIPTION: parts of Sections 3, 4, 5 and 10; all of Section 8, 9, 16 and 17, all in T3N, R65W of the 6th P.M. , Weld County, Colorado LAND USE: N Agricultural production E Milton Reservoir, Agricultural Production S Agricultural Production W Agricultrual Production ZONING: N Agriculture LOCATION: approximately 6 miles east of E Agriculture Platteville; east of Weld County Road 39 and S Agriculture south of Weld County Road 38 W Agriculture COMMENTS: The subject site adjoins Weld County Road 32 to the south, Weld County Road 39 to the east, and Weld County Road 38 to the north. All of these roads are gravel or sand base and could provide access to the property. The topography on the subject site is mainly broadly rolling sand-hills. There are several oil and gas production facilities located on the subject site (oil well, tank battery, heater, treater, separator) . The Platte Valley Canal and Evans Number 2 Ditch are located in the northeast corner of the subject site. BY: fini Gcs... R d Allison, Current Planner II RA:rg REFERRAL LIST APPLICANT: Beebe Draw Land Company, Ltd. CASE NUMBER: Amend S-247:85: 10 Referrals Hand Carried by Morris Burk NO SR NR NO SR NR County Attorney X X Union REA Weld County Health Dept. li X Mountain Bell X Engineering Department County Extension Agent Office of Emergency Mngmt State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X X LaSalle Fire Protection District X Central Weld Water District NO=No Objection SR=Specific Recommendations NR=No Response '; Rl Ms. Gloria Dunn To Planning nDe artment C) te November 19, 1985 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Subject. Beebe Draw Farms The Weld County Engineering Department has reviewed the re-arrangement of the Building Lots to accommodate storm runoff and retention area for the 50-year Flood Storage Level . We find no conflicts with the Beebe Draw Farms and Equestrian Center First Filing at this time. DRC/bf xc: Edward C. Endicott ARIX NOV 2 01985 Weld CO. lanaine 6nmriussion Surrounding Property Owners Amend S-247:85:10 Beebe Draw Land Company, Ltd. Carl A. and Virginia Jepsen 20121 Weld County Road 42 La Salle, Colorado 80645 The Farmer's Reservoir and Irrigation Co. 80 South 27th Avenue Brighton, Colorado 80601 Beebe Draw Cattle Company 1551 Larimer Suite 2706 Denver, Colorado 80202 Jerrold J. and Anna E. Wardell 18253 Weld County Road 32 Platteveile, Colorado 80651 < < MINERAL OWNERS Amend S-247:85:10 Beebe Draw Land Company, Ltd. Aristocrat Angus Ranch Ben Houston, Genral Partner Route 2, Box 76-A Platteville, CO 80651 Upland Industries Corporation 110 North 14th Street, #1000 Omaha, NE 68102 Machii-Ross Petroleum Co. 3420 Ocean Park Blvd. #3070 Santa Monica, CA 90405 Vessles Oil & Gas Company 600 South Cherry, #1220 Denver, CO 80222 Amoco Production Company ATTN: Pam Staley 1670 Broadway Denver, CO 80201 DEPARTMENT OF PLANNING SERVICES i'lPI-(ONE(303)356-4000 EXT. 4400*, i/� �p 915 10th STREET `i r+'�� CREEL EY,COLORADO 80631 r „1 sic SA # ''g " ® COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on December 3, 1985 at 1:30 p.m. to review a request for approval of an amendment to a Final Planned Unit Development Plan, First Filing, from Beebe Draw Land Company, Ltd. , on a parcel of land located in Sections 3, 4, 5, 8, 9, and 10, T3N, R65W of the 6th P.M. , Weld County, Colorado, containing 1208 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 December 3, 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. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by November 21, 1985. I Received by: \ !s 7,71,&;,..e4-4,z-2 Date: /// IC III I :� \ s p3 , J./1/ f,- 4.a - - - p 5 �� I - . 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IGI.i I 1 • 1 r/ � 1� • � ,= 1 ff `�' -7,1)j It: • I , - - - - - -a i...� ( / J LCCIOWI[. • �ag. ..A......••. 7..- -.,-.-.....,....=. .1S-7...ta ,. . __ _____,_._„__,_______... .......---.4,34In 1 P . .I " s l' -1 I/ /,I to I IAR 1 -AD'S ...-- I ros o.r'‘. UTILITY SERVICE STATEMENT FOR PLANNED UNIT DEVELOPMENT PLAN (FINAL) n NAME OF SUBDIVIDER OR DEVELOPER {30E; Paw 1,44.0LOrneAnr/ Name of PUD lac - • ltn1S ,c��o F� g() q}nl C„avr2- �j Fisr div6 Agent/Owner 14;6-21'n� j amts, �.1.4w Name & Address /SC/ L r--/al L ciaNIVa. iJ. SD-2d2 ELECTRIC UTILITY COMPANY OlLhthJ QfcFA 2 b (Name) ,/ (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) WATER'. LQivrrtAz. vtiet-a v✓/4T_?d Qi$1nrG AppTO � ���<'� i) od �l �^�e�-� ' % (" (Name) (Title) Dat Subject to Disapproved by �y (Name) (Title) (Date) SEWER Sereare Wiz' "Mk nialm,t,≤ Tza NO&LOont Lac, ved by me) (Title) (Date) Subje-ct to Disapproved by (Name) " " (Title) (Date) TELEPHONE COMPANY MDONiYh,J ea- Approved by 2,„,, ,24,,/,,,* (tvvt{G,t: iv f/�r7ta�/Ga% /-14-b'5 (Name) (Title) l (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY INO,ViQoele /eoPi1M2 iNvcP Led Tt /3y lhne ownM?a &' roved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date FIRE DISTRICT L4 S4ae : mu 52itQm-e Siker Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) UTILITY SERVICE STATEMENT -FOR PLANNED UNIT DEVELOPMENT PLAN (FINAL) NAME OF SUBDIVIDER OR DEVELOPER Name of RUD Agent/Owner Name & Address ELECTRIC UTILITY COMPANY Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) WATER Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) SEWER Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT Approved by � (Name) (Title) (D te) Subject to ,t4 Disapproved by (Name) (Title) (Date) BEEBE DRAW LAND COMPANY, LTD. 1551 LARIMER, SUITE 2706 DENVER.COLORADO 80202 PHONE 620-0967 November 4, 1985 Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: The accompanying Planned Unit Development Plan Application is a request for approval of proposed changes in some of the lots and roads in the PUD Final Plan approved by the Weld County Commission on July 24, 1985, but which has not been recorded yet. The changes are: 1. A reduction in the number of lots from 214 to 19tby omitting 0 lots. 2. An increase in the size and change of shape of several of the remaining lots. 3. Several small road changes: a) The extension of "Stoneleigh Lane South" to the South line of Filing One to provide better traffic and emergency vehicle circulation in the future filing on the south. b) The moving of a cul-de-sac from the south side of "Beebe Draw Farms Parkway" to "Ledyard Road South" because several of the effected lots had a road on both sides. c) Turning "Ledyard Road North" to the west to eliminate two cul-de-sacs and improve the lot layout and size. d) Turning the original "Ledyard Road North" to the southeast to connect to "Essex Road South" and changing the name to "Essex Road North". Two of the lot changes were necessitated by slight revisions in future oil and gas well locations because of an operator' s farm out. As long as those changes are needed, we want to make the others because they improve the plat. Other than the changes in some utility easements because of lot shape changes, the few changes in the Road and Drainage Plans, and the changes in the lot numbering, none of the other referral agency approvals should be effected. Department of Planning Services November 4, 1985 Page Two We will submit revised plans directly to the County Engineering Department, the LaSalle Fire District, the Central Weld Water District, the Union REA and Mountain Bell , and will discuss the changes with them to be certain that there are no adverse effects or comments. We would appreciate anything else that can be done to assist us in getting on the Planning and Zoning adgenda for Dec. 3, 1985. We are simultaneously requesting pre-advertising by the County Commission for their Dec. 11, 1985 adgenda. Sincerely, BEE E DRA LAND COMPANY, LTD. \ VVI"6 Mor is Burk en r G e al Partner 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 Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Beebe Draw Farms and Equestrian Center. Revisions to previously approved but unrecorded First Filing. See Attached Plat and Legal (If additional space is requited, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION Beebe Draw Farms and Equestrian Center EXISTING ZONING PUD PROPOSED ZONING Same TOTAL AREA (ACRES) 1170.40 NO. OF PROPOSED LOTS 193 LOT SIZE: AVERAGE 2.4 acres MINIMUM 1.507 acres UTILITIES: WATER: NAME Central Weld County Water District SEWER: NAME Individual Septic Systems CAS: NAME Propane PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME RE -1 Gilcrest FIRE: NAME LaSalle Fire District DESIGNERS' NAME ARIX PC 356-3930 ADDRESS P.O. Box 2021, Greeley, CO PHONE ENGINEERS' NAME ARIX, A Protessional Corporation 356-3930 ADDRESS P.U. Box 2021, Greeley, CO PHONE FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME Legal Title: Beebe Draw Cattle Co. , a Limited Partnership ADDRESS 1551 Larimer Street, Denver, GO- 80202 PHONE NAME ADDRESS Equity Owner Pursuant to contract for Ueea -?I{@N.e Jan .ii, 19d3 NAME Beebe Draw Lana Company, Ltd. , a LSmitea partnership ADDRESS 1551 Larimer street, Denver, CO 602112 PHONE 620-0961 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. BEEBEpDRAW LAND COMPANY, LTD. By Morri,5T' Burk, General Partner COUNTY OF WELD ) \ \ri STATE OF COLORADO ) Aid) Lif Authorized Agent -- Subscribed and sworn to before me this 1�7 day of \�1`v1 ,, ,,,/ J( . 1..._ , 19 S�J. L SEAL NOTARY PUBLIu My commission expires: l .a7� $7 104-79-026 WCDPS-78-1 Planned Unit Development Change of Zone AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Beebe Draw Farms and Equestrian Center First Filing - as Amended STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. BEEBE DRAW LAND COMPANY, LTD. t v vv By M Iris Burk, General Partner The foregoing instrument was subscribed and sworn to before me this 7T —,,_ day of c\s ( not ."127, 1A„,.. 19£ - WITNESS my hand and official seal. My Commission expires: h7fit/ Notary Public 1 --c� ��°�' FIRST FILING MINERAL AND/OR SUBSURFACE INTEREST OWNERS Beebe Draw Cattle Co. Beebe Draw Land Co. , Ltd. 1551 Larimer, #2706 Denver, CO 80202 Aristocrat Angus Ranch Ben Houston, General Partner Route 2, Box 76-A Platteville, CO 80651 Upland Industries Corporation 110 North 14th St. , #1000 Omaha, NE 68102 LESSEES Machii- Ross Petroleum Co. 3420 Ocean Park Blvd. , #3070 Santa Monica, CA 90405 Vessels Oil & Gas Company 600 South Cherry, #1220 Denver, CO 80222 Amoco Production Company Attn: Pam Staley 1670 Broadway Denver, CO 80201 BEEBE DRAW FARMS AND EQUESTRIAN CENTER COVENANTS I jl Il Revised 1414005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEEBE DRAW FARHS AND EQUESTRIAN CENTER THIS DECLARATION, made on the date hereinafter set forth by BEEBE DRAW LAND CO. , LTD. , hereinafter referred to as "Declarant", WITNESSETH; WHEREAS, Declarant is the owner of certain property in said County of Weld, State of Colorado, which is more particularly described as: SEE EXHIBIT A ATTACHED (Filing 1 ) 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 parties having any right, 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 1 DEFINITIONS Section 1- "Association" shall mean and refer to Beebe Draw Farm Property Owner's 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 exluding 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 hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 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, in Filing 1, at the time of the conveyance of the first lot is described as follows: 1. The roads, right-of-ways, utility and recreational easements. 2. The greenbelt areas, riding trails, recreational areas and common open spaces. 3. The Equestrian Center facilities. 4. The water recreation facilities, which will be constructed on leased land. 5. The Entrance Gate House. 6. The Association Headquarters. Note 1 = The Association will maintain a contract, as Cooperator, with The Platte Valley Soil Conservation District which will provide greenbelt management policies to prevent erosion and protect the existing environment. Note 2: Property Owners to have priority on use of Equestrian Center Facilities and a discount of 20% on all -charges. They must, however, obey all rules and regulations of the Equestrian Center. 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 the Beebe Draw Land Co. , Ltd, its successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easement of Enjoyment. There will be several additional plats filed and recorded corresponding to the approval of the master sketch plan. There may be a maximum of 700 properties in the total of all plats. There will be additional greenbelt and recreational areas in each of the addional plats. All of the property owners owning tracts in any of the plats will have equal ownership and rights to all of the common greenbelt and recreational areas, and any improvements placed thereon, regardless of which plat boundary the area is in. 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 admission and other fees for the use of any recreational facility situated upon the Common Area; (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which an assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any 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 dedication, or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3 or- each class of 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 ownership 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 of such lot shall be excercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Lot ownership shall be limited to two (2) individuals unless individuals are of the same immediate family. If a lot is owned by a corporation, no more than four (4) individuals specifically designated by that corporation, shall be entitled to the use of the common areas. 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 end be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a ) When the total votes oustanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) On January 1L 2015. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the properties, hereby covenants, and each owner of any lot by contracting to purchase the lot or by acceptance of a Deed therefore, whether or not it shall be so expressed in such contract for Deed, or 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 assessments to be established and collected as hereafter 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 his successors in title unless expressly assumed by them. Section 2• Purpose of Assessments. The assessments levied by the Associaton shall be used exclusively to promote recreation, health, safety, and the welfare of the residents in the Properties and for the improvement and maintenance of the roads and 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, either by contract or Deed or by Deed, the maximum annual assessment shall be Three Hundred Sixty Dollars ($360. 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 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 (2/3) of the total of all votes of both classes of 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 Assessment for Capital Improvements• In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, 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 assent of 75% of the total of all votes of each class of 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 30 days nor- more then 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast 75X of all of the total votes of both classes 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 the required quorum at the preceding meeting. No such subsequent meeting shall beheld more than 6Q) days following the preceding meeting. Section 6- Date of Commencement of Annual Assessments: Due Dates. 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 periods. Written notice of the annual assessment shall be sent of 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 certificate 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 7 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 six (6) percent per annum. The Association may bring an action of law against the Owner personally obligated to pay the same, or foreclose the lien against the property. 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. Section 6- Subordination of the Lien to Mortgage- The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of and Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 9• Uniform Rates 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 10. WELD COUNTY POWERS UNDER ZONING ORDINANCE NOT SUPERSEDED BY THESE COVENANTS. If the Association or any successor orgainzation fails to maintain the recreational easements, and other portions of the Common Area listed in numbers 2, 3 and 4 or Article I, Section 4, of this Declaration in reasonable order and condition ir, accordance with the approved PUD Plan the following action may be taken ; The Board of County Commissioners may enter upon the property described in this section and maintain the same following service of written notice and a hearing, all pursuant to Weld County Zoning Ordinance, Section 28. 6. 6 or its successor regulations and Colorado Revised Statute, S24-67-105(6), as amended. The cost of such maintainence by the Board shall be paid by the owners of the properties within the PUD that have a right of enjoyment of the recreational easements and other portions of Common Area listed in numbers 2, 3, and 4 of Article I, Section 4 of this Declaration and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105 of the Colorado Revised Statutes, as amended. ARTICLE V ARCHITECTURAL CONTROL NOW THEREFORE, in consideration, of the acceptance hereof by the several purchasers and grantees (his, her, their, or its heirs, executors, administrators, personal representatives, successors and assigns, and all persons or concerns claiming by, through or under such grantees) of deeds to tracts in said tract of land, said Declarant hereby declares to and agrees with each and every person who shall be or become owner of any said Lots, in addition to the ordinances of the County of Weld, State of Colorado, shall be end are hereby bound by the covenants set forth in these presents and that the property described in these restrictions shall be held and enjoyed subject to and with the benefit and advantage of the following restrictions, limitations, conditions and agreement, to wit; Section 1- Intent. It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property. Restrictions are kept to a minimum while keeping in constant focus the right of the property owners to enjoy their property in attractive surrounding free of nuisances, undue noise, and danger'. Further, it is intended that the natural environment be disturbed as little as possible. Section 2. Architectural Control Committee. An Architectural Control Committee of three persons is hereby created. Said Committee shall exist and exercise the controls herein provided for a period of twenty ( 20) years from the date hereof. it shall consist of three members who shall be appointed by the Board of Directors of the Property Owner's Association. Should any member of said Committee die, move away from Weld County, become unable to serve on said Committee, or resign, a successor shall be appointed by the Board of Directors of the Property Owner's Association. A member of the Architectural Control Committee can be removed and replaced by the Board of Directors for failure to properly perform their duties. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. Section 3• Permits- (a) The approval of the Architectural Control Committee must be secured in writing before any building or structure can be started on any lot. (b) A building permit and a septic tank permit must also be obtained from Weld County and a copy of each filed with the Architectural Control Committee prior to constructions of any structure. (c) All construction must be completed within six (6) months of approval and permitting, or from the starting date of construction, unless an extension is secured from the Architectural Control Committee for valid reasons. Section 4• Building Standards and Setbacks• (a ) All buildings will be set back a minimum of fifty (50) feet from all lot lines with the exception of a paddock and or stable building which must be fifty (50) from sidelines and may be es close as twenty (20) feet from rear lines if rear lot lines abutt a greenbelt area. (b) Any detached garage must be set back at least five (5) feet from front line of main dwelling. (c) No outbuildings or accessory buildings will be permited unless connected by roof to main building except, for a stable and or paddock covering no more than 5% of the lot and located in the rear of the house, or a storage building of no more than 10' x 12' which has an exterior finish of the same materials and colors as the main dwelling. (d) No structure of tempory character, trailer, tent, recreational vehicle, shed, barn or other outbuilding, shall be used on any lot at any time as a permanent residence. (e) The minimum size of the main dwelling shall be as follows: Ranch : The ground floor area of the main structure exclusive of the one story, open porches, garages and walled patios, shall be not less than 1, 240 sq. ft. for a one story dwelling. Two Story: The first floor area of a two story dwelling shall be at least 800 sq. ft. The second story shall be at least 800 sq. ft. at grade unless it has a full basement. If so, then the second story shall have a minimum of 600 sq. ft. The square footage does not include porches, garages and walled patios. Tri-level : Two levels above grade shall be not less than a . total of 1600 sq. ft. (i. e. 900 sq. ft. ground floor and 700 sq. ft. second floor) . Bi_level : Ground floor area, exclusive of one story open porches and garages, shall not be less than 800 sq. ft. making the total square footage shall not be less than 1600 sq. ft. on both levels. (f) No buildings shall be more than two (2) stories above grade. (g) All exterior materials, finishes and colors must be approved by the Architectural Committee and must be submitted for approval at least two (2) weeks prior to use. (h ) The exterior of each dwelling or structure located in the PUD shall be maintained in good repair. Painted or stained exteriors shall be properly maintained. (i ) Each lot shall have only one ( 1 ) dwelling unit and no lot shall be subdivided for smaller home sites. (j ) No mobile homes or residential trailers shall be permitted on any lot at any time. (k ) No subordinate or ancillary use by special review other than those permitted in the PUD zone shall be allowed. (1 ) No building can be constructed within 300 ft. of an oil or gas well or production facility. Section 5: Landscaping. (a ) The area around all dwellings shall be adequately landscaped and maintained to provide a neat appearance. (b) Landscaping plans must be approved by the Architectural Control Committee at the time that the Building Permit is issued. (c) Within six (6) months of completion of main dwelling a minimum of 15 trees shall be planted on the lot. Two-thirds (2/3) shall be evergreens of which two-thirds (2/3) shall be a minimum of 5' in height. At lease two-thirds (2/3) of deciduous trees shall be a minimum of 10' in height. (d ) Dead trees shall be replaced during the next planting season. (e) Other residential landscaping that is to be irrigated shall be limited to an area no greater than 5X of the lot adjacent to the house except landscaping within walled or fenced patio areas. Section 6- Refuse and Rubbish- Rubbish, garbage or other waste shall be kept in tightly closed containers and disposed of in a manner approved by the Association. No trash, litter, or junk shall be permitted to remain exposed upon the premises and visible from public roads or adjoining or nearby premises, except that materials intended for construction may be stock-piled for not more than six months. It is illegal to keep or store upon any premises used for residential purposes within the zoned areas of Weld County a motor vehicle which is inoperable, unlicensed, or is being junked, dismantled, wrecked, unless said vehicle is located within any enclosed building. This ordinance will apply in this PUD. No unhoused maintenance equipment can be parked anywhere within the P. U. D. Section 7• Easements• Easements for installation and maintenance, utilities, roadways, driveways, and other such purposes incident to the development of the property are reserved as described or shown on the recorded plat. Such easements shall be kept clean and readily accessible. Section 8• Nuisance. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No motorized vehicles (other than maintenance vehicles) will be allowed off roads. This specifically includes motor bikes, dirt bikes, and all recreational off-road vehicles. Owners will be assessed for any damages caused to any common greenbelt areas by use of any motorized vehicle of any type. Section 9. Fences. (a ) No perimeter fencing of any homesite will be permitted. (b) Property owners may fence with decorative, privacy fencing or walls a maximum of 5% of the total lot area adjacent to or around the main dwelling. (c) An additional 5% of the lot area may be fenced for a corral or paddock. (See Section 4. (c) and Section 8. (a) . (d) Types and designs of fences must be approved by the Architectural Control Committee, prior to installation. Section 10. Animals. (a ) Domestic pets may be kept for pleasure, but not for business purposes. For the purpose of this regulation, those animals or birds with hooved, webbed, or scaled feet shall not be considered domestic pets. (b) Dogs must be under the owners' control at all times. (c) Horses may be kept within the PUD as regulated by Section 4. (a), Section 9. (a), and Section 9. (c) . No grazing of any animals on homesites, trails or greenbelts will be allowed at any time. (See NOTE 1 : Article I : Section 4. ) Private stables are allowed, but must conform to setback requirements and architectural control. Any animals kept on the lot must be in the corral or paddock area unless being ridden. Only one horse per acre shall be kept on a permanent basis on any lot. It will be the responsibility of each individual lot owner with a horse or horses to dispose of manure before it becomes a fly or odor problem and to control dust in his paddock area. (d) No lot in any filing of the PUD shall be used for raising animals for commercial purposes, and any animal raised for sale or food shall be considered in this regulation as not being a domestic pet. (e) The number of horses and domestic pets shall be in accordance with Weld County regulations. Section 11. Signs. No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than 1-1/2 square feet advertising the property for• sale or rent, or signs used by a builder to advertise the property during the construction and sales period. Section 12• Driveways. Culvert pipes to cross road ditches or swales to gain access to individual lots must meet county road and bridge requirements. Section 13. Water and Sewage. Water will be furnished by the Developer. Individual sewage disposal systems shall comply with the requirements of the State of Colorado and Weld County Health Department. State law prohibits privies and outhouses. Section 14• Terms of Covenants- These covenants and restrictions are to run with the land and shall remain in full force and effect for twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten ( 10) years unless an instrument signed by 75% of the then owners of the lots has been recorded, changing said covenants in whole or part. Section 15• Declarant May Assign• Declarant may assign any and all of its right, powers, obligations and privileges under this instrument to any other corporaiton, association or person. ARTICLE VI 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, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an owner to enforce any covenant or restriction herein contained 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 way affect any other provisions which shall remain in full force and effect. Section 3• Amendment. 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, if approved by the Weld County Commission, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the lot owners and approval by the Weld County Commission. Any amendment must be recorded. Section 4' FHA/VA APproval• As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration : Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 19 By: Declarant STATE OF COLORADO County of Weld The foregoing instrument was acknowledged before me this day of , 19 , by Witness my hand and official seal. My commission expires Notary Public COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of April , 1985 , by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County, " and BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION, a Colorado perpetual non-profit corporation, hereinafter called "Owner, " and BEEBE DRAW LAND COMPANY, LTD. , a Colorado Partnership, hereinafter called "Developer, " WITNESSETH: WHEREAS, Developer has applied to the County for approval of a Planned Unit Development, Case No. Z - 412:84 : 13 , for recreational, residential and oil and gas development uses on land located on parts of Sections 3 , 4 , 5 , and 10 , and all of Sections 8 , 9 , 16 , and 17 , all in Township 3 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the Planned Unit Development will generate additional traffic on the access road and other nearby roads, and WHEREAS, the existing County roads which provide access to the Planned Unit Development will require increased maintenance and improvements to adequately serve traffic, and WHEREAS, Developer has offered to accept certain road maintenance and improvement actions. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the County, the Developer, and the Owner mutually agree as follows: 1 . Primary access to the Planned Unit Development shall be via Weld County Road 32 from the town limits of Platteville to Weld County Road 39 and via Weld County Road 39 to the Planned Unit Development entrance located at a point south of Weld County Road 36 , a distance of approximately 8 miles. 2 . Other nearby roads are Weld County Road 39 from the Planned Unit Development entrance south of Weld County Road 36 to Weld County Road 44 , a distance of approximate 4 . 5 miles; Weld County Road 38 from Weld County Road 39 to Weld County Road 43 . 3. Commencing with the completion of the Planned Unit Development entrance road from Weld County Road 39 to the equestrian center, and after the recording of the final plat for the first phase of the PUD, Owner agrees to maintain the roadway surface of unpaved portions of access and nearby roads , including: Weld County Road 32 from Weld County Road 35 to Weld County Road 39 , Weld County Road 39 from Weld County Road 32 to Weld County Road 40 , and Weld County Road 38 from Weld County Road 39 to Weld County Road 43 , an aggregate distance of approximately 8 .0 miles . Maintenance of the roadway surface will consist of regular grading to keep the surface reasonably smooth without large washboards or potholes , so that it can comfortably be driven at 40 m.p.h. ; to keep the road shaped to drain, and to keep the ditches open and free of debris. Gravel will be placed as required to maintain an adequate road surface. Owner represents that he is an independent contractor and not an employee or agent of the County. Owner agrees to identify to County an individual responsible for Owner' s maintenance functions under this agreement. County will notify the responsible individual by telephone, with written follow-up, concerning any observed deficiencies in the maintenance program. 4. Owner agrees to provide an adequate dust abatement program on the approximately 8 .0 miles of unpaved road for which he provides maintenance. Water, asphaltic emulsions, waste oil or commercially available chemicals may be used to control dust. Owner is responsible for using materials and methods not inconsist with any federal, state, or local laws, rules or regulations pertaining to hazardous materials, health or environmental protection. 5 . Owner agrees to provide snow removal adequate to allow two lanes of passage for passenger cars on the approximately 8 . 0 miles of unpaved road for which he provides maintenance. 6 . County agrees to furnish, at designated sources, suitable material for gravel replacement on the approximately 8 .0 miles of unpaved road for which Owner provides maintenance. Owner shall be responsible for delivery of material to the work location. County will load material if loading equipment is reasonably available. Owner can use his own equipment, at his expense, to load material. 7 . Indemnator, Owner, hereby agrees to indemnify Indemnitee, County, from any and all liability, loss, or damage 2 Indemnitee may suffer as a result of claims, demands, costs, or judgments against it arising out of maintenance work performed by the Owner pursuant to this Agreement. Owner will provide performance guarantees as more fully set forth in a separate document which will set forth the requirements for financial guarantees for improvements to be made by Developer and work to be performed by Owner. Owner will provide insurance against personal injury and property claims covering County and Owner for claims arising out of the terms and conditions for road maintenance in this Agreement in the amount of $1 ,000 ,000 .00 and require similar insurance from any subcontractor, provided that such coverage shall indemnify County only to the extent of County's liability under this agreement and not in excess of Colorado statutory limits on governmental liability. Performance guarantees for both the maintenance and construction of this project will be provided in a manner not inconsistent with the Weld County policy regarding collateral for improvement prior to the first filing of the final PUD plat. 8 . County agrees to maintain, repair or replace culverts, signs, markers, and other roadway appurtenances on the approximately 8 . 0 miles of unpaved road for -which Owner provides maintenance , except for repairs required as a result of Owner' s maintenance operation for which Owner will be responsible. 9. Developer agrees to pave the access road to the Planned Unit Development, as defined in paragraph 1 above. The project shall include necessary earthwork, base work, utility relocation, right-of-way acquisition, drainage structures rehabilitation, and surfacing to provide a paved roadway 24 feet in width, with gravel shoulders 8 feet in width. Design standards shall reflect the AASHTO and Colorado Department of Highways standards in effect at the time of the project, with horizontal and vertical alignment based on a design speed of 55 m.p.h. and pavement sections based on an average daily traffic volume of 5 ,300 vehicles consisting of 53% passenger cars, 36% pickup trucks, 8% single unit trucks, and 3% combination trucks, and a directional split of 60% in the peak direction with a regional adjustment factor of 1 .5 . 10 . Developer agrees to initiate action to accomplish paving of the access road at such time as there - are 100 dwelling units with Certificates of Occupancy in the Planned Unit Development. Paving, including engineering, construction, and opening for traffic, shall be completed within 360 days from date of initiation. 3 11 . All construction and materials shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways, with reference to the edition current at the time project is initiated. County shall review and approve the construction plans prior to construction and shall have the same authority as the Engineer, as defined in the specifications for the project, to inspect construction. 12 . Costs of the paving project shall be apportioned between Developer and County as follows: Developer' s County' s Share Share Side ditch, culvert, and 100% 0% driveway replacement Design Engineering 100% 0% Earthwork, grading, paving 100% 0% Drainage structures 0% 100%1 repair/replacement Utility relocations 100% 0% Utility easements 0% 1008 Right-of-Way 0% 100%2 Traffic control devices 0% 100% Inspection by design engineers 100% 0% Developer agrees to bid and contract for the work. Costs of work items, which are the responsibility of County which have not been separately contracted for or performed by the County, will be billed by Developer to County and County will pay Developer. County shall be responsible for payment of costs due in future fiscal years only if funds are appropriated and are otherwise available for the services and functions which are described herein. If construction and financing is to be performed through a statutory district, work shall be done in accordance with the 1Developer shall bear the cost of this item only to the extent that it might have to extend or relocate a culvert due to road width and to the extent that it is necessary to maintain current flow capacity. Any enlargement or new construction shall be at2the total expense of the County. Developer shall be responsible for cost of acquisition of right-of-way only if it is not possible to meet minimum design standards within the existing 60-foot right-of-way. 4 • statute, provisions of this paragraph to the contrary notwithstanding. 13. Upon completion and acceptance of paving of the access road, Owner shall be relieved of all road maintenance, dust abatement, and snow removal responsibilities defined in paragraphs 3, 4 , and 5 above with the sole exception of Weld County Road 38 from Weld County Road 39 to Weld County Road 43 . Owner will enter into a separate agreement with County for maintenance of Weld County Road 38 . Upon completion and acceptance of paving of the access road and execution of an agreement for maintenance of Weld County Road 38 , this Agreement shall be void. 14 . If, prior to the completion of the construction of the access road pavement, Weld County issues zoning or U.S.R. approval for any other residential, commercial , or industrial development, or any expansion of any agri-businesses, that will be using as access any of the approximate 8 miles of County roads paved at the expense of the Developer, the County, to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the roads involved compares to the Beebe Draw Farms and Equestrian Center PUD ' s projected use of the roads. 15 . It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms and that it be binding upon the Owner and Developer and their heirs, successors , and assigns, and on this Board and future Boards to the fullest extent permitted by law. Should this Agreement, or any portion thereof, be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time, this contract shall be construed as one-year contract with automatic annual renewals. 17 . The addresses of the parties are as follows: Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 Beebe Draw Farms and Equestrian Center Property Owners Association c/o Morris Burk, General Partner 1551 Larimer, Suite 2706 Denver, CO 80202 5 Beebe Draw Land Company, Ltd. c/o John B. Houtchens Attorney at Law 1007 Ninth Avenue Greeley, CO 80631 It shall be the obligation of the parties to notify each other of any change of address, registered agent, or change of ownership. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. ATTEST:\ p%�,Uj / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Boar B y' lHI .(YrNi21-41r— CChai n B a�x�rn«, (l�� De uty Clerk ATTEST: BEEBE D AW FARMS AND EQUESTRIAN CENTER P PEATY OWNERS ASSOCI ION By: By: + ads ATTEST: BEEBE W D COMPANY, LTD. By: By: &iw. 9aswc 6 /9/ (711-e Sf' cliG //`cal 7A/fcc l a e .P. KKK- 6 7 r ti '+1.t� br . p_4 it(4... al l 1 0 c` ye 1.• �_, r t w 1 rT. °i� tt.t4:14 H; : ilr141 46%04'4' lit aAced yt 9 g50/7-C f6 t�k Yy 83-d//3 .- .. �r..m-. •_ i'rw'.ivx ':.}Mil4•.<in' nµQ..r.,.. • <IC /3 iA x w 1 _ i } / / / -r
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