The URL can be used to link to this page

Browse Search

Home My WebLink About921098.tiff RESOLUTION RE: GRANT FINAL P.U.D. (PLANNED UNIT DEVELOPMENT) PLAN AND SITE SPECIFIC DEVELOPMENT PLAN FOR LIND LAND COMPANY 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, a public hearing was held on the 18th day of November, 1992, at 10:00 a.m. for the purpose of hearing the application of Lind Land Company, 361 71st Avenue, Greeley, Colorado 80632, requesting a Final P.U.D. (Planned Unit Development) Plan and Site Specific Development Plan for a parcel of land located on the following described real estate, to-wit: Part of the NE* of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Gary Tuttle, and WHEREAS, Section 28. 14 of the Weld County Zoning Ordinance provides standards for review of such a Final P.U.D. , and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: a. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. The Town of Windsor and the City of Greeley have reviewed the request and found no conflict with their interests. b. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its September 10 meeting. c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. d. The P.U.D. Plan site is not located in an Overlay District Area. PL0867 921098 FINAL P.U.D. PLAN - LIND LAND COMPANY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Lind Land Company for a Final P.U.D. (Planned Unit Development) Plan and Site Specific Development Plan on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the P.U.D. Plan plat, the Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 2. Prior to the sale of lots, the applicant shall submit evidence to the Department of Planning Services staff that the covenants approved by the Weld County Attorney's Office have been recorded. 3. The following notes shall be placed on the P.U.D. Plan plat prior to recording: a. The uses permitted within the P.U.D. Plan shall consist of those uses allowed by right and accessory uses of the R-1 (Residential) Zone District, except for noncommercial junkyards. The following uses from the A (Agricultural) Zone District will also be allowed. ( 1) Buildings for the protection of livestock not exceeding 1500 square feet ( 2) Grazing of livestock ( 3) Oil and gas production facilities b. Uses allowed in the A (Agricultural) Zone District and the R-1 (Residential) Zone District are listed in Ordinance 89-A through 89-U amended as of June 11, 1992. For further clarification, the following uses are examples of uses not allowed in the P.U.D. : ( 1) Hospitals ( 2) Nursing Homes ( 3) Rehabilitation Center ( 4) Preschools ( 5) Childcare Centers ( 6) Private Schools ( 7) Commercial uses ( 8) Industrial uses ( 9) Home Businesses (10) Dog Kennels (11) Animal Boarding Facilities This list is not all inclusive and is intended to assist lot owners and potential buyers in understanding uses that are appropriate within the P.U.D. 921098 FINAL P.U.D. PLAN - LIND LAND COMPANY PAGE 3 c. Accessory structures totalling more than 3, 000 square feet shall be a Use by Special Review. d. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. e. All lots within the P.U.D. Plan, shall comply with the requirements of the Windsor-Severance Fire Protection District. f. All streets within the P.U.D. Plan are private and shall be built according to the approved plans. All streets within the P.U.D. Plan shall be maintained by the homeowners association, lot owner, and/or developer. g. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. h. Little Thompson Water District shall provide domestic water to the residential uses. i. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. j . The maximum building height shall be 40 feet. k. The minimum setback requirement shall be 20 feet. 1. The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. m. A qualified soils and foundation engineer shall both design and supervise the construction of all residential building foundations. n. Two animal units will be allowed per lot. Animal unit bulk requirements shall be as follows: (1) one horse equals one unit; (2) one cow equals one unit; (3) one llama equals one unit; (4) two sheep or goats equal one unit; (5) four rabbits equal one unit; (6) four chickens, ducks, or other poultry equal one unit; and (7) swine shall not be permitted within the P.U.D. Plan. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. 921098 FINAL P.U.D. PLAN - LIND LAND COMPANY PAGE 4 o. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: (1) The architectural control committee has approved the plans for the single family dwelling and/or accessory structure. (2) The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan. 4. Prior to recording the P.U.D. Plan plat, the applicant shall submit evidence that the requirements of the Windsor Severance Fire Protection Dictrict have been met. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D. , 1992. pi t, , °) y BOARD OF COUNTY COMMISSIONERS ATTEST: 4. AV .4 t' "W WELD CO NTY, COLORADO Weld County Clerk to the Board rge Ke edy, Chairman BY: L 1'l_(' t / _ EXCUSED DATE OF SIGNING (AYE) Deputy C rk to the Board Constance L. Harbert, Pro-Tem APPROVED AS FORM: / C. W. Kirb • > County Attorney Gor tend to_e_t .) W. H. Webster 921098 HEARING CERTIFICATION DOCKET NO. 92-64 RE: A FINAL PLANNED UNIT DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT PLAN - LIND LAND COMPANY A public hearing was conducted on November 18, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated October 12, 1992, and duly published October 15, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Lind Land Company for a Final Planned Unit Development Plan and Site Specific Development Plan. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Ms. Swanson said she received a letter of referral, dated August 20, 1992, this morning from the Windsor Severance Fire Department, which states the three hydrants are acceptable, but the dynamic water pressure is too low. Gary Tuttle represented the applicant and stated they met with the Windsor Severance Fire Protection District in September and all requirements were agreed upon. He noted the date of the abovementioned letter was August. Mr. Tuttle asked if that condition could be met prior to the recording of the plat. The Board agreed to add a Condition of Approval to that effect. Mr. Tuttle said there are a total of 47 acres, which will consist of 18 lots. Water will be provided by Little Thompson Water District, with individual septic systems to be installed. The road are to be maintained privately, and covenants will be in effect. There will be 177 open space, with horse facilities on site. There will be only one access off of Weld County Road 17. The safety issues for the acceleration and deceleration lanes are resolved, with a looped road in the subdivision. There was no public testimony offered concerning this matter. Commissioner Lacy said the memo regarding the improvements agreement from Mr. Morrison to Brian Grubb, Planning Department, stated ". . .streets within the P.U.D. may be approved as completed by the County." He clarified the County is not completing the streets; however, they are approving the completion of the streets. Ms. Swanson said Tom Hellerich, Attorney representing the applicant, provided agreements at a separate meeting which included partial maintenance by the County. Commissioner Lacy questioned whether there would be any maintenance by the County. Ms. Swanson said the County would not be maintaining the streets, and she submitted a draft agreement, which is not complete, to the Board. Mr. Morrison clarified that his memo's intent was to state the streets will be approved by the County as completed. On behalf of Commissioner Kirby, Mr. Tuttle explained that the acceleration and deceleration lanes are part of the improvements agreement, and they will be built when the first roads are put in before construction. In response to questions of Commissioner Harbert, Mr. Tuttle said he does not think a certificate of occupancy would be issued until the lanes are completed and inspected, and he explained the procedure of completion. He confirmed for Commissioner Kirby that the roads will be done before housing construction begins. In response to a question from Commissioner Webster, Mr. Tuttle said the surrounding roads 921098 ��' ri- RE: HEARING CERTIFICATION - LIND LAND COMPANY PAGE 2 have a 50' right-of-way, with paving being 20' to 22' wide, and a 60' right-of-way, with the cul-de-sac to be 100' wide. Commissioner Lacy noted the emergency lane on the south side also. Mr. Tuttle said there are actually three ways in and out of the subdivision. Commissioner Lacy moved to approve the request of Lind Land Company for a Final Planned Unit Development Plan and Site Specific Development Plan, with the addition of Condition of Approval #4 concerning the requirements of the Windsor Severance Fire Protection District, and based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 23rd day of November, 1992. �/V ✓� APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO Weld County Clerk o the Board By: cC1�(� l ,c �e G rge Ken dy, hairman Deputy Cler to the Boa EXCUSED DATE OF APPROVAL Constance L. Harbert, Pro-Tem TAPE #92-38 C. W. Kirb DOCKET #92-64 Goryl PL0867 W. . { e ster 921098 EXHIBIT INVEP.gTORY CONTROL SHEET Case 0Idj31kS[ — Cz Exhibit Submitted By Exhibit Description 9 'D/c • A. P9_,. „„iY kr (�} m.i - r� {-'t'X . -X�r<W'/! o.r,.,c.Lc-S °l5 B. S4- C 4 0/ cVic�%_) C. I9-ten wv�.i , L-h..,,N�n,�.�a.w,�._. �X�.rfrri ek,v-2 •• L�.av�-r,� J ., tok D. C k1Y,YL L) )'1 o-t-uc e_ f a wr D t 5 E. . "`y � v� Y �,� ke-e ,,... 10/44 5 11A4 �. C 1 11F. :1-1/ 11A4-," b A5 h.uto (A..1±rn.., AA" 1 ama_.ex Pon. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 92109'3 NOT I C E The Board of County Commissioners of Weld County, Colorado, on November 18, 1992, conditionally approved a Site Specific Development Plan and Final Planned Unit Development Plan for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Lind Land Company 361 71st Avenue Greeley, Colorado 80632 LEGAL DESCRIPTION: Part of the NE; of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A Final Planned Unit Development Plan SIZE OF PARCEL: 47 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK C� TO THE BOARD. �Vlu0.02 /C / ! < PdL.. Deputy Cl-k to the Board PUBLISHED: November 25, 1992, in the Windsor Beacon The Bear* of County Com apne a of Will Cady. Colorado. on N.,.Sir It AFFIDAVIT OF PUBLICATION ite wnfic DevebpmewW a Site Special D Planned Plan and Final Planned Unit Development Plan for the STATE OF COLORADO properly and purpose Seated SS below. Conditional approval of this plan creates a vested COUNTY OF WELD prosody right pursuant to Adds ES of Title 24. C.R.S., as I, KEITH HANSEN, of said County of Weld,being duly amended,for a period of three years• sworn,say that I am publisher of APPLICANT: Lind Land Company.361 71st Avenue, 'WINDSOR BEACON Greeley,Colorado BO6 LEGAL DESCRIPTION:Part of a weekly newspaper having a general circulation in said the NE114 of Section B, Township 5 North,Range 67 County and State, published in the town of WINDSOR, West of the 6th P.M.,Weld in said County and State; and that the notice, of which County,Colorado the annexed is a true copy, has been published in said TYPE AND INTENSITY OF weekly for __successive weeks, that the notice APPROVED USE: A Final Planned Unit Development Plan was published in the regular and entire issue of every number of the paper during the period and time of SIZE O«F PARCEL:47 acres, publication, and in the newspaper proper and not in a more less supplement, and that the first publication of said notice Fall abide�f as the terms condtions pproval veil sN was in said paper bearing the date of the in a forfeiture of the vested 2411-day 1 proPdyrif //1/L . _' day of /1,4-✓ A.D., 19 q)— and BOARD OF COUNTY the last publication bearing the date of the COMMISSIONERS, WELD COUNTY.COLORADO day of , A.D., 19_ and BY: DONALD D.WARDEN, that the said WINDSOR BEACON has been published CLERK TO THE BOARD continuously and uninterruptedly for the period of 5 BY:SHELLY K.MILLER,Deputy consecutive weeks, in said County and State, prior to the Clerk to the Board date of first publication of said notice, and the same is a PvWlsMed la the Windsor newspaper within the meaning of an Act to regulate Dana en Neeaefaar Be. S. printing of legal notices an advertisements, approved May 18, 1931,and all prior cts ar as in force. ' P LISHER Subsc 'b d and sworn to before me this_Zez day of *ULM 19 111.--- • OTARY PUBLI My commission expires 1 2 ) /' T 4" . 921098 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 Final P.U.D. Plan and Site Specific 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 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. DOCKET NO: 92-64 APPLICANT Lind Land Company 361 71st Avenue Greeley, Colorado 80632 DATE: November 18, 1992 TIME: 10:00 a.m. REQUEST: A Final Planned Unit Development Plan and Site Specific Development Plan LEGAL DESCRIPTION: Part of the NE* of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles south of the Town of Windsor; west of and adjacent to Weld County Road 17 and south of Weld County Road 60 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: October 12, 1992 PUBLISHED: October 15, 1992 in the Windsor Beacon � xrl 1617-) 921098 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD rS I, KEITH HANSEN, of said County of Weld, being duly Paso se sive reset sworn,say that I am publisher of IS Sate of cobrem w=2,wayy Weld Cowy Zoning a.Yf. •public hearing edl s•held N WINDSOR BEACON the Chambers of the Board at County Conmissionere of WS oAT@/Motna tt,tMg County,Colorado,Weld Ceuyt a weekly newspaper having a general circulation in said Centennial center,en tM :00o�, Street,First Floor,Greatly, County and State, published in the town of WINDSOR, Colorado.Nth°tae•pedfad. REQUEST:A Final Planned in said County and State; and that the notice, of which All persons In any manner UM pavalopmsM man and Site Interested In the Final P.U.D. Specific DeveloprreniPlan the annexed is a true copy, has been published in said Plan and Site Specific weekly for _successive weeks, that the notice Development Plan are LEGAL DESCRIPTION: Pan rMWreaed In aAeM•nd mry Ina of the NE 1/4 of Section 5, was published in the regular and entire issue of every hard. Township 5 North,RanEs 67 number of the paper during the period and time of West of the 6th P.M.,Weld Should the applicant or any County,Colorado publication, and in the newspaper proper and not in a interested party desire thesupplement, and that the first publication of said notice pesmes ol a court reporter a LOCATION:Approximately 2 make • record of the miles south of the Town of was in said paper bearing the date of the poceedings.M addition to the Windsor;west of and adjacent aped record which will be kept to Weld County Road 17 and S a of Q�c 'm/z_e,� , A.D., 19 9v and during the hearing,the Cork to south a went Court'Road 60 1-d Y the Boards office shall be the last publication bearing the date of the ' sets°in wtteq°Iad'Wien BOARD OF COUNTY N least Mrs days prior to the COMMISSIONERS, WELD hearing.The cost of engtfl a COUNTY,COLORADO day of , A.D., 19_ and coon reporter seala borne W that the said WINDSOR BEACON has been published IM repuesXrd Wt' BY:WE DONALD Y. LERDEN, BE IT ALSO KNOWN that the WELD COUNTY CLERK TO continuously and uninterruptedly for the period of 5 THE BOARDted and,r consecutive weeks,in said County and State, nor to the Weld p welled Planning Br.eNy Neneon.Depory Clerk date of first publication of said notice, and the same is a Commission may be examined a the Board in the dime of the Clerk to M• newspaper within the meaning of an Act to regulate Board of Cwaty t4tb11•Md In tee Wiedear printing of legal notices an advertisements, approved Commasioners,located le de seadptt din odadan ftL on. May 18, 1931,and allprior is ter as in force. 0tCoh Stty reet,Third Ce Rear, / / 915 10th sa.el, war. Orseay,Colorado. DOCKET NO:0244 APPLICANT: Lind Land i. ' P USHER Cetaeay,$61 71st AvS. IC oreYg.Qeieteb OIr Subscri a d sworn to before me this 3p day of AC: 19 'z NOTARY PUBLIC My commission expires �7 2, / 9 9t • 921099 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-64, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 28th day of October, 1992. aL Deputy Clerko the Board Martin Lind 1469 44th Avenue Greeley, Colorado 80634 Thomas P. and Elizabeth M. Schmerge 7754 Weld County Road 60 Windsor, Colorado 80550 Eric Furuseth and Heidi Ann Aas 7680 Weld County Road 60 Windsor, Colorado 80550 Frank L. and Kathie N. Platt 28607 Weld County Road 17 Windsor, Colorado 80550 Garry A. and Kathleen E. Weinmeister 28649 Weld County Road 17 Windsor, Colorado 80550 Zeiler Farms 820 Foote Court Loveland, Colorado 80537 Bruce J. Thornton 1507 Peterson Street Ft. Collins, Colorado 80521 Randy R. and Karen E. Burkhart 29098 Weld County Road 17 Windsor, Colorado 80550 Nevine and Annette L. Glassgow 1210 Ida Drive Loveland, Colorado 80537 Elmer E. Lundvall Jackie Moore 3490 W. 49th Avenue Greeley, Colorado 80634 p� 92109pp Ralph W. Gause 809 W. 11th Street South Newton, Iowa 50208 P.O.BOX 758—GREELEY,COLORADO 80832 Raymond H. Frank Box 56 Briggsdale, Colorado 80611k d jillli,. Dwight W. Gause CQ�� 36913 33rd Avenue South Q Auburn, Washington 98002 .41 laelk n Q ' m Gary A. Jeffers and Marilee A. Jeffers n 1634 27th Avenueis,:,,,, x Greeley, Colorado 80631 Ora p . .. e3 —I Lowell L. Gause i7;: . ( m 1601 W. 13th Street South R1 �^ Q1 Newton, Iowa 50208 :4; ! D a1 33 a "_ ,'. O Buddy Baker 1429 Larimer Street Denver, Colorado 80202 Aeon Energy Company 405 Urban Street, #302 z c a Lakewood, Colorado 80228 '~ 8 or. O cr.es,r z O Lind Land Company y r7 361 71st Avenue m x Greeley, Colorado 80632 � o Gary Tuttle c X (_ Tuttle Applegate, Inc. C y • n 11990 Grant Street p Suite 410 - Denver, Colorado 80233 n C° o o rn Thomas Hellerich, Attorney 'J "' 630 Greeley National Plaza / Greeley, Colorado 80631 eri1it1 araL r , • I 921098 ' 66otz6 c;. • p 4 I-_ 666"` 14, C,+ Vf it _ 2 Q cv c5 N .3 -.g ow L7 C00� C z- 0 c� -9 H¢ d • vxo • za14 F40 z Cu Wo-cc ¢tea 0 CC irdre CO t �iti F O F Y 2 0 • O JPd SE90B OOVNOlOO‘A3133bD—�REX&t j • r4..4, . ;',..•• \ 1 Ii.!..•:c,.;V•••••• ,..- • :. !,:.-'-'.:. :7:7 17.—... *.'".-!! _-.% ,?:. (1. r. .. .. . .. ,..: ,..... ....... ..,.. nr4 _b •••;•J' .;,'Z' • Lti b is ,- io,..1; 7 C.:. i .e.2.• L., :' 4r4• .,.. .`.t« ., • .r (z] ;. W } t 43 aG m E'• Q .o y- P 0 cc W co q i•a a� p 1 EN �\ cn;� ay az.re I.4(4 ril 41..7O4 Vi VI W U 11'241 -I I-4 .� ?+ - —.44 N a a d E4E4o 2S-.. �� 2 Cr) ( -t. .;.5 73 r `.) . . a =2 o • 4 ,, H Y Y ,i a cc 51 aq•to.e . o9.,'it I 40),(:). .. L!IL ),OO ::, , ..e-- st P„..1. # .A.:,, ul , ,„,„, 0: „4:r1.44;c4i. .s:j ,,,, •I r L£909 OCV601OO'A313310-84L X08'O'd L£908 OaVFlO1OO'A3133ki�J—�8 L X08'O'd. AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD molds OP PUIllUD BEAM I, KEITH HANSEN, of said County of Weld, being duly Th. ws Cn" pnnns sworn,say am publisher that I ofblish Commission will hold ■ . WM hang on Soptiana 15,1902,at at900 WINDSOR BEACON pan. oa q q d a WOO Developerisnt Plan and a a weekly newspaper having a general circulation in said Memel UM Oeseleprm Plan ter the prepeny County and State, published in the town of WINDSOR, dasorlbed below.Anna in said County and State; and that the notice, of which d the Lagoa fl Steam vested prnpsny right the annexed is a true copy, has been published in said owned I Cando Us, weekly for_/ successive weeks, that the notice APPLICANT: Lind Land was published in the regular and entire issue of every omen number of the paper during the period and time of LEGAcite NiSN Pat publication, and in the newspaper proper and not in a cite Nx NEd dlbWotre, supplement, and that the first publication of said notice T yob Co�iwatlfto.PL. y was in said paper bearing the date of the TYPE AND INTENSITY OF p�us c 7 day of att i 6E.5't , A.D., 199'- and the last publication bearing the date of the LOcAT'ION:APPma innell It Mos nude dthe Tonal day of Slam west of Weld A.D., 19_ and CoMy AM T end d that the said WINDSOR BEACON has been published MMM Ihdd continuously and uninterruptedly for the period of 5 SIZE:47 acne,more of consecutive weeks,in said County and State, prior to the ass. date of first publication of said notice, and the same is a nape swing nil be newspaper within the meaning of an Act to regulate ftaM hhelld,.tle OMIllf printing of legal notices a d advertisements, approved OefamaisamastMay 18, 1931,and all pi ac far as in force. Rea FirstMold Often Cerawielel Men C15 oloranthdo : Colorado. Comments or t---- objections related to the Wove request should be LISHER submitted In writing to the Weld County Dpwmmd a3��t. Planning Services, 016 worn to before me this day Tenth C Colornt,ado 10131; of Ceti, uS 19 �{y before the above date l 21O1-y presented the public: hewing on SeptwtWr 16, MIL NOTARY PUBLIC,7 ' available for public c My commission expires el- / %- 'c . bopaalon hi the Denman d Planning Swvma,Room SOS, Weld County Centennial Center, 916 Tenth Street, Greeley, Cando 90691-Phone -969./000.13Mdan 4100. Judy ywmpthl,Chnnio t Weld Planning ConaPaned le Se.9N9ier • Senn et Afloat Sy, • test • '1 SEP 1.14 Inc I I Wald County Via U 98 npr . .. .. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMI`S'SION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY ICplmffs±6NEi ': 39 Moved by Richard Kimmel that the following resolution with the ithiiiitients to Condition of Approval Number 1, be introduced for passage byjt)h ;.;!Ol"d' Cdunty Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-326 NAME: Lind Land Company ADDRESS: 361 71st Avenue Greeley, CO 80632 REQUEST: A Final P.U.D. Plan and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; west of and adjacent to Weld County Road 17 and south of Weld County Road 60. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (P.U.D. ) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. The Town of Windsor and City of Greeley have reviewed the request and found no conflict with their interests. - The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its September 10th meeting. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. The P.U.D. Plan site is not located in an Overlay District Area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning staff's recommendation for approval is conditional upon the following: )(Ho : a 921098 RESOLUTION, S-326 Lind Land Company Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. Two weeks prior to the Board of County Commissioners' Hearing: a. The applicant shall submit evidence that the site has been evaluated by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act. b. The applicant shall submit evidence that the requirements of the Weld County Engineering Department and Windsor Severance Fire Protection District have been met. c. The applicant shall demonstrate that the requirements of the Weld County Engineering Department, outlined in the memo dated September 30, 1992, have been met. 2. Prior to recording the P.U.D. plan plat, the Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 3. Prior to the sale of lots, the applicant shall submit evidence to the Department of Planning Services staff that the covenants approved by the Weld County Attorney's Office have been recorded. 4. The following notes shall be placed on the P.U.D. plan plat prior to recording: The uses permitted within the P.U.D. Plan shall consist of those uses allowed by right and accessory uses of the R-1 (Residential) zone district, except for noncommercial junkyards. The following uses from the A (Agricultural) zone district will also be allowed. Buildings for the protection of livestock not exceeding 1500 square feet. Grazing of livestock Oil and gas production facilities Uses allowed in the A (Agricultural) zone district and the R-1 (Residential) zone district are listed in Ordinance 89-A through 89-U amended as of June 11, 1992. For further clarification, the following uses are examples of uses not allowed in the P.U.D. : Hospitals Nursing Homes Rehabilitation Center Preschools Childcare Centers Private Schools 921098 RESOLUTION, S-326 Lind Land Company, Page 3 Commercial uses Industrial uses Home Businesses - Dog Kennels - Animal Boarding Facilities This list is not all inclusive and is intended to assist lot owners and potential buyers in understanding uses that are appropriate within the Planned Unit Development. Accessory structures totalling more than 3,000 square feet shall be a use by Special Review. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. All lots within the P.U.D. Plan, shall comply with the requirements of the Windsor-Severance Fire Protection District. All streets within the P.U.D. Plan are private and shall be built according to the approved plans. All streets within the P.U.D. Plan shall be maintained by the homeowners association, lot owner, and/or developer. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. Little Thompson Water District shall provide domestic water to the residential uses. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. A qualified soils and foundation engineer shall both design and supervise the construction of all residential building foundations. Two animal units will be allowed per lot. Animal unit bulk requirements shall be as follows: one horse equals one unit; one cow equals one unit; one llama equals one unit; two sheep or goats equal one unit; four rabbits equal one unit; four chickens, ducks, or other poultry equal one unit; and swine shall not be permitted within the P.U.D. plan. 921099 RESOLUTION, S-326 Lind Land Company Page 4 Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: The architectural control committee has approved the plans for the single family dwelling and/or accessory structure. The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Judy Yamaguchi Shirley Camenisch Bud Clemons 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, Sharyn Ruff, Recording Secretary for 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 October 6, 1992. Dated the 6 o •ctober, 1992. Sharyn . Ruff Secretary 921033 7.1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING - r` C ' October 6, 1992 Page 4 1--, ' rrv` 15 r•' ?. 7? Kevin Kinne , Vice-President, Platte Valley Airpark, expla�d this qde t' is to provide add 'onal hangar facilities. As demand dicta s they was to provide facilities like angars and buildings for shops d tools. This airpark appeals to the hobbyi with home built aircraft its that can be assembled. Shirley Camenisch asked if ese structures.--Would be permanent. The applicant explained all structures would eet Unifarm Building Code. The Chairperson asked if there wayany e in the audience who wished to speak for or against this application. ?No on wish to speak. / Bud Clemons moved AmenQedCase Number USR-530, for Platte Valley Airpark, be forwarded to the Boa9rd of County Commissioners wi the Planning Commission's recommendation for approval. Tom Rulon seconded the otion. The Chairp on asked the secretary to poll the membe of the Planning Commissi for their decision. Richard Kimmel - yes; Jean Ho an - yes; Tom Rulon e yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud C ons - yes. Mopton carried unanimously. CASE NUMBER: S-326 (continued from September 15 , 1992, regular meeting) . NAME: Lind Land Company REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; south of Weld County Road 60 and west of Weld County Road 17. Tom Hellerich, representative, Lind Land Company, asked the Planning Commission members if they had any questions about the changes to this application. Jean Hoffman gave an overview as to why the case had been continued. Brian Grubb summarized the changes in the requests of the applicant from the previous meeting. All requirements regarding building size and location are covered in staff' s comments . Tom Hellerich asked that wording on Page 2 "prior to scheduling before the Board of County Commissioners" , be changed to read " Two weeks prior to the Board of County Commissioners' hearing" . The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 921998 g)cu l on i SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING October 6, 1992 Page 5 Richard Kimmel moved Case Number S-326, Lind Land Company, be forwarded with the amendment on wording regarding scheduling, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Bud Clemons seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. Meeting adjourned at 3: 34 p.m. Respectful subm 4,te , Sharyn uff Secretary 921O9a SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Page 3 Jack Eckstine, applicant, exp ained the amendment to this Use by Special Review would help broaden the use of the property so renting--the property would be easier. The Chairman asked if ere was anyone i -the audience who wished to speak for or against this applicacbpn. No one fished to speak. \ Richard Kimmel moved Case Number Amend SR-894, Jack and LaVonne Eckstine, be forwarded to the Board of County Cpi11nia, oners with the Planning Commission's recommendation for approval. }a+i(Rulon sehonded the motion. The Chairman asked the creretary to poll the melgbers of the Planning Commission for their decision. ichard Kimmel - yes; Jean I4b.ffman - yes; Tom Rulon - yes; Judy Yamaguchi yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons - y Motion carried. CASE NUMBER: S-326 ADDRESS : 361 71st Avenue, Greeley, CO 80632 REQUEST: A Final P.U.D. Plan and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; west of and adjacent to Weld County Road 17 and south of Weld County Road 60. Gary Tuttle, representative, Lind Land Company, explained their plan had changed a bit from the original application. Minor changes such as a loop road at the entrance, access of back lots to stay internal, a park/picnic area with a shelter for the residents, possibly tennis courts , a perimeter bridle paths for horses, and extensive landscaping at the entrance area. Jean Hoffman wanted her concerns to be a matter of record regarding Weld County Road 17. Gary Tuttle explained there would be acceleration and deceleration lanes 300' to 400' feet from the entrance. Jean Hoffman also wanted to know if the Town of Windsor annexed this property in the future would the open spaces in the development become public. Gary Tuttle said the Homeowner' s Associated would own the open space. Gary Tuttle stated his concerns regarding the Conditions of Approval. He wanted them to be reworded to read "prior to the hearing" not "prior to scheduling" . Brian Grubb asked for a 10 minute recess to confer with the applicant. When the meeting was readjourned Brian Grubb explained a fax was received regarding accessory structures. The request for 10,000 square foot accessory structures is a significant change from the original application. The applicant was told 1,500 square foot structures were a Use by Right in the R-1 (Residential) zone district. Any structures that would house boats, recreational vehicles, etc. , would need to be built within the residential envelope as shown on the plat. Extensive discussion followed. 921098_ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Page 4 Bud Clemons had concerns about the number of animals in such a small area and stated the animal conversion tables need to be consistent. Lee Morrison said the purpose of a Planned Unit Development was to allow imagination and creativity in setting something like this up. In essence they are creating their own zone. Martin Lind, applicant, explained that with the conversion tables in this application they are imposing their own restrictions and asking for far less than what they really could have. Brian Grubb suggested they keep the accessory buildings located in the building envelopes shown on the plat marked "R" not "H" . If the applicant does not want to do this might have to go back through the referral agencies because this is too much of a change in the original application. Bud Clemons moved, Case Number S-326, Lind Land Company, be postponed until October 6, 1992, to give the applicant time to work out all the changes. He stated there are too many uncertainties, questions, last minute requests, and the possibility of having to notify referral agencies again. He wants to see this application cleaned up. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - no; Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - no; Juliette Kroekel - no; Shirley Camenisch - yes; Bud Clemons - yes. Motion to postpone carried. Martin Lind explained that timing is extremely important in real estate. There are building envelopes designated, the application is patterned after other similar applications that work. No postponement is required here. Brian Grubb said he shares Bud Clemons' concerns but suggested these issues could be worked through. He suggested the application could proceed and list accessory structures over 1500 square feet as a Use by Special Review instead of a Use by Right. Lee Morrison explained the decision to postpone could be overturned if one of the Commission members that voted for the motion to postpone would move to reopen the discussion. The Chairman asked, three times, if any of the members who voted "yes" wanted to retract their vote. No one changed their vote. Martin Lind asked the Planning Commission to please proceed with the hearing. He would accept a recommendation for denial instead of the postponement. Lee Morrison said technically the Planning Commission tabled these issues so no further proceedings were necessary or required. Martin Lind stated he felt this was an irresponsible action by the Board. Respectfully ubmit d, Sharyn Ruff 921°98 Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Lind Land Company Case Number: S-326 Submitted or Prepared Prior to Hearing At Hearing 1. Application X 2. Application plat 8 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral response, dated September 11, 1992 X from Russell Legg, Larimer County Planning 12. Referral response, dated September 8, 1992, X from James Soule, Colorado Geological Survey 13. Planning Commission field check X 14. Referral response, dated September 3, 1992, X from U.S. Army Corps of Engineers 15. Referral response, dated September 8, 1992, X from Barry Dykes, Little Thompson Water District 16. Referral response, dated September 4, 1992, X from Janet Carpenter, Town of Windsor 17. Referral response, dated September 14, 1992, X from Dave Lafferty, Great Western Railroad 18. Referral response, dated August 21, 1992, X from Jim Raines, Weld County School District RE-4 19. Referral response, dated August 25, 1992, from X John Pickle, Weld County Health Department 20. Referral response, dated August 28, 1992, from X Larry Abston, Panhandle Eastern Pipeline Company 21. Referral response, dated August 27, 1992, from X Ed Jordan, Weld County Sheriff's Office 921098 X J-m i INVENTORY OF ITEMS, S-326 Lind Land Company Page 2 Submitted or Prepared Prior to Hearing At Hearing 22. Memo, dated September 15, 1992, from X Lee Morrison, Weld County Attorney' s Office (Improvements Agreement) 23. Memo, dated September 15, 1992, from Lee X Morrison, Weld County Attorney's Office '- (Covenants) I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on October 9, 1992. Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Ci±Lday of rc14cti_19 9, SEAL / a 171 0 ARY PUBLIC C,My Commission Expires /. —9 921098 LAND-USE APPLICATION SUMMARY SHEET Date: September 8, 1992 CASE NUMBER: S-326 NAME: Lind Land Company ADDRESS: 361 71st Avenue, Greeley, Colorado 80632 REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the N2 NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; south of Weld County Road 60 and west of Weld County Road 17. SIZE OF PARCEL: 47 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this P.U.D. Final Plan are listed in Section 28.13 of the Weld County Zoning Ordinance. The Department of Planning Services staff has received responses from the following agencies: 1. Windsor School District. 2. Weld County Health Department. 3. Panhandle Eastern Pipeline Company 4. Weld County Sheriff's Office. The following agencies have not responded: 1. Weld County Engineering. State of Colorado Geological Survey. 3. State of Colorado Oil and Gas Conservation Commission. 4. Windsor Severance Fire Protection District. 5. Great Western Railroad. "6.. Little Thompson Water District. 7. Western Area Power Association. Town of Windsor. 9. Larimer County. -'I'6. U.S. Army Corps of Engineers. �1 Greeley Soil Conservation District. -rt_Lti4Jucl,I 921098 Date: September 15, 1992 CASE NUMBER: S-326 NAME: Lind Land Company ADDRESS: 361 71st Avenue Greeley, CO 80632 REQUEST: A Final P.U.D. Plan and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; west of and adjacent to Weld County Road 17 and south of Weld County Road 60. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28 .9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (P.U.D. ) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. The Town of Windsor and City of Greeley have reviewed the request and found no conflict with their interests. The P.U.D. Plan conforms to the approved P.U.D. District. The Utility Coordinating Advisory Committee reviewed and conditionally approved the P.U.D. utility plan at its September 10th meeting. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. The P.U.D. Plan site is not located in an Overlay District Area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning staff's recommendation for approval is conditional upon the following: 921095 RECOMMENDATION, S-326 Lind Land Company, Page 2 1. Prior to scheduling this request before the Board of County Commissioners: a. The applicant shall submit evidence that the site has been evaluated by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act. b. The applicant shall submit evidence that the requirements of the Weld County Engineering Department and Windsor Severance Fire Protection District have been met. c. the applicant shall submit evidence that the covenants have been approved by the Weld County Attorney's Office. 2. Prior to recording the P.U.D. plan plat, the Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 3. Prior to the sale of lots, the applicant shall submit evidence to the Department of Planning Services staff that the covenants approved by the Weld County Attorney's Office have been recorded. 4. The following notes shall be placed on the P.U.D. plan plat prior to recording: The uses permitted within the P.U.D. Plan shall consist of those uses allowed by right and accessory uses of the R-1 (Residential) zone district, except for noncommercial junkyards. The following uses from the A (Agricultural) zone district will also be allowed. Buildings for the protection of livestock not exceeding 1500 square feet. Grazing of livestock Oil and gas production facilities Uses allowed in the A (Agricultural) zone district and the R-1 (Residential) zone district are listed in Ordinance 89-A through 89-U amended as of June 11, 1992. For further clarification, the following uses are examples of uses not allowed in the P.U.D. : Hospitals Nursing Homes Rehabilitation Center Preschools Childcare Centers Private Schools 921093 RECOMMENDATION, S-326 Lind Land Company, Page 3 Commercial uses Industrial uses Home Businesses Dog Kennels Animal Boarding Facilities Accessory Structures (other than for livestock) This list is not all inclusive and is intended to assist lot owners and potential buyers in understanding uses that are appropriate within the Planned Unit Development. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. All lots with the P.U.D. Plan, shall comply with the requirements of the Windsor-Severance Fire Protection District. All streets within the P.U.D. Plan are private and shall be built according to the approved plans. All streets within the P.U.D. Plan shall be maintained by the homeowners association, lot owner, and/or developer. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. Little Thompson Water District shall provide domestic water to the residential uses. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. A qualified soils and foundation engineer shall both design and supervise the construction of all residential building foundations. 921098 RECOMMENDATION, S-326 Lind Land Company, Page 4 Two animal units will be allowed per lot. Animal unit bulk requirements shall be as follows: one horse equals one unit; one cow equals one unit; one llama equals one unit; two sheep or goats equal one unit; four rabbits equal one unit; four chickens, ducks, or other poultry equal one unit; and swine shall not be permitted within the P.U.D. plan. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: The architectural control committee has approved the plans for the single family dwelling and/or outbuilding. The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan. 921093 92-102 PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. 1`) DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures. ) I ( , the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: SEE ATTACHMENT A (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED PUD SUBDIVISION WTNDSONG RANCH EXISTING ZONING PUD NO. OF PROPOSED LOTS 1 .5 TOTAL AREA (ACRES) 47 LOT SIZE: AVERAGE 1 '8ACRFs MINIMUM 1 .1 ACRES UTILITIES: WATER: NAME ITTTIF THOMPSON WATER DISTRICT SEWER: NAME TNDTVIDIIAI SEPTIC GAS: NAME PART IC SFRVTCF COMPANY PHONE: NAME II S WEST ELECTRIC: NAME pounRF 1/AI I FY RFA _ DISTRICTS: SCHOOL: NAME WINDSOR SCHOOL DISTRICT RE-4 FIRE: NAME tnmcnP SEV€RANrG FTRF PROTE TION DISTRICT DESIGNER'S NAME TUTTLE APPLEGATE. INC. PHaND{lnl)a52_6611 ADDRESS 11990 GRANT STREET: SUITE 410 NORTHGIFNIL CO RO2R3 ENGINEER'S NAME TUTTLE APPLEGATE. INC PHONI003)4s2-6611 ADDRESS 11990 GRANT STREET: SUITF 410 -NORTHGLENN, CO 81)223 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME I TNfI I ANA COMPANY PHONE (303) 356 3611 ADDRESS 361-71ST AVENIIF GRFFI FY. CO ROFR2 NAME PHONE ADDRESS NAME o � yT�l ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) AUG 2 4 VG NAME Weld C011M PMMM:1M ADDRESS HOME TELEPHONE # BUSINESS TELEPHONE # I hereby depose and state under the penalties of perjury that all Statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) SS STATE OF COLORADO) ��S gna ure: e A t orfzed Agent Martin Lind, Lind Land Corn n imecto,49e Subscribed and sworn to before me this 241.1" day of /Y �E-._' h�' 9a (4,40.1.0 A'. .I/8Vt,d sforAiiyir / NOTARY PUBLIC ;g�X /./ My Commission expires -02-3 - GJLF a ti1/gLkG if of Cna�a 921093 ATTACHMENT A DESCRIPTION PART OF THE TOWNSHIP FIVE (5)NOR H. RT ANGE SR IIXTYNE -SEVEN SECTION WEST EIGHT THE),sing PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER (NE COR) OF SAID SECTION EIGHT (8) AND CONSIDERING THE EAST LINE OF SAID SECTION EIGHT (8) AS BEARING NORTH 00'00'00" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89'25'28" WEST (SOUTH 8724'21" WEST MEAS.). 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'00'40" EAST, 1,401.55'; THENCE SOUTH 89'55'34" WEST, 1 ,838.07 FEET; THENCE SOUTH 88'59'15" WEST, 266.25 FEET (265.16 FEET MEAS.) TO A POINT ON THE EAST RIGHT OF WAY UNE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID RIGHT OF WAY UNE THE FOLLOWING FOUR COURSES; NORTH 35'51'34" EAST, 848.50 FEET (NORTH 35'51'17' EAST, 834,11 FEE' MEAS.); THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIUS iS 1,392.7 AND WHOSE LONG CHORD BEARS NORTH 56'10'24" EAST, 966.92 FEET (NORTH 58'09'42' EAST, 966.73 FEET MEAS.); THENCE NORTH 76'29'24" EAST (NORTH 76'28'12" EAST MEAS.), 307.00 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 1,950.1 FEET AND WHOSE LONG CHORD BEARS NORTH 71'41'16" EAST, 331.82 FEET (NORTH 71'10'53" EAST, 359.48 FEET MEAS.) TO THE NORTH UNE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID UNE NORTH 89'24'36" EAST, 190.4 FEET (NORTH 89'24'21" EAST, 172.96 FEET MEAS,) TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 47.04 ACRES, MORE OR LESS AND IS SUBJECT TO ANY RIGHT OF' WAY OR EASEMENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OF LAND. 921999 STATE OF COLORADO S S CERTIFICATE OF TAXES D 0/it COUNTY 0 .JELD I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in the office, on the following described property, to-wit: TR NO. PARCEL :?.60514$$ .._`25_x'7 VT NE.4 8 5 / BEG f:3#:39D S W 30' FROM NE COk l rat 1 2r J' S1401 .55 ' t 7i'T 5 t: r' 5Y (' 5 •1 ( •'lY' NAME �:xs..t:)ti',:�74#:3�.)()GC)�_i' SEC 3#.��I), ;�'l+3 :1...3::>:3,.{�':� ' .ac3�I?..�•�'(xl :..c5.a:.,�:..,t, ..:I:ND €''A1 'I'TI"I TO PT ON €::: R/W I...N OWRR I4i;:31`yI)s:I. 'E:: 848. 50' AT A CURV VENDOR A CHORD BEARS NS6I)1.0'E 966.92' N76D29 '1 ' 307' N0. T T'IT'LE:: APP€...EGATE Lrl/647 THENCE AT A CURVE: I...ONG CF'ICORI) BEARS N71.D41, 'E:: y— ♦•t 331 .82 ' 9 21: ! '1 1- `.�,�.. 1.Qs:. f,I#s•r I?,�.._� '1.-. 190.4 ' TO 1.:�€:.�.�� (,_:.n!,:sR,.kl'til';) EXCEPT-` 1 TAXES C AX€".S $13'4":.,82 TOTAL AMOUNT DUE:: € (:3F' THIS PARCEL..- T. $0.00 TAX AUTHORITY €_EVY TAX TAX AUTHORITY LEVY TAX s.;.t;:::'s...I? COUNTY 22..1;.57 ::37,,28 SCHOOL.. DIST Ir+:Ia'4 47..'f40 78.,75 NR:k WATER 1 .000 1 .66 WINDSOR SEVER F 1 .627 2.70 AIMS ,TLJN:i:oFi COL 5.993 9. 9'5 WINDSOR LIBRARY 1. ..078 :1. .,79 WEST (3Rl:I::I._€: ' SO .4:I.1, .69 This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. FRANCIS M. LOUSTALET 9"1(}9S 1.991. TAXES PAID $1:32.92* TREASURER OF WELD COUNTY By DEPUTY �J G1 c 9(e- t ryJ f -.�.y, .6t {� • i - WINDSONG RANCH PUD TRAFFIC IMPACT STUDY Introduction This study is intended to address the access requirements for the approved WindSong Ranch PUD. The information contained in this report serves as a basis for design criteria selected in roadway geometry for both County Road 17 and the subdivision streets on the project site. • Methodology The design criteria used in this report is based on the Colorado Department of Transportation (CDOT) State Highway Access Code and AASHTO. Traffic counts for County Road 17 were furnished by the Weld County Department of Engineering. Traffic warrants were determined using CDOT criteria. Design Criteria The access from Windsong Ranch is located approximately 900 feet south of the Great Western Railroad crossing on County Road 17. The access serves anO•t estate type PUD. County Road 17 is considered an arterial roadway and has a posted speed limit of 45 mph in the area. There have been some accidents at the railroad crossing from vehicles not being able to see trains until they are on the crossing. This concern is considered to be separate from the access design of the local street and is being addressed by a joint signalization project to be done by the PUC, Weld County, the Developer, and Great Western Railway. The location of the access to WindSong Ranch is based on maintaining adequate sight distance to the south. The county road slopes downward toward the north at approximately a 3% to 4% grade with some rolling hills that lead to unsafe sight distances towards the south end of the property. The proposed access location was moved to the north to increase this distance and allow safe access onto the property. Weld County supplied a one day traffic count for County Road 17 that showed 908 vehicles per day in both directions, with no counting done for peak hour. AASHTO policies generally state the hourly traffic design rate used should be the 30th highest hourly volume of the year (30HV). The average rural arterial uses a design rate of 15% of the ADT or 70 DHV in this case. The maximum hourly volume by this standard is rated at 25% of the ADT (114 DHV directional). -1- 921099 ti --- : R 67 W .5>1 32 Soo1-‘-.A-.--.. ‘y �� 3k...__________ • r < ,„,--.---------),/lj 2 \ \ \ ', :, c-:::‘,,T ,,, 4.....c, T 5 N �,9 4920 411 7� \a\'�� / 6 /7,.,----,0*----- 1 \ \ C; \ ,}' '':: if--N) ( UV; '\' \\ h - ,� � c A \v i�&ti *es V `'cb I 1lt�$ u� 11�r \ N • �\ . 4891 y < ► SITE . ah ®� ,i . - \: , \ \ 1 '.I \ '4, \ :.\ -\\\ ')t ___,N.\, $6\(7-::.;.,'cl rs >.-\V7::: ? f,Th,__, NLI—,\ ,• ---.- . %.\-.\\\-:0\\N \N. \\ li .t. , ,-N \\C-- , tX, Li. : \_\ �`� \ �)y f ��i �_�.. _=''fib--� �� ' U-��` � ? ��/C 0958 4995 ;i6e HWY 34 . 5G I� W li-N, \ \ - ( 17 • Soso 18 X5015 16, C) WINDSONG RANCH' -==°° •1'2000' N mail is APPLEGATE. INC VICINITY MAP ttcr , ail. .- Denver,Colorado 00233 -. _,__ _ INIIaV_LL11 The ITE trip generation information would indicate there would be six to eight trips generated per day for each lot on the PUD. This would translate to an approximate total of 100 trips per day accessing County Road 17. The AASHTO policies for rural arterials indicates the 30HV standard would vary between 12% to 18% for most roadways in rural settings. Assuming an average for this PUD would indicate 30HV, traffic would range from 17 to 26 trips per day. The location of the PUD would not favor destinations either to Windsor or Greeley, therefore, the directional volume turning either right or left is estimated to be a 50% split for this report. This would give a range of 9 to 13 DHV peak hour turning rate for the subdivision. Future development in the area will probably increase the ADT rate of County Road 17 which in turn will change the traffic warrants required on this particular access. It is assumed the access patterns from the PUD will not change significantly in the future. The design DHV for future traffic patterns would have to increase to approximately 1,300 ADT to require additional improvements on this road. The design of any acceleration or deceleration lane cannot be completely based on traffic warrants. There are pubic safety considerations that need to be considered, regardless of the numbers used. One of the major considerations in this particular access is the fact this stretch of roadway is noted for having high speed traffic that does not necessarily obey the posted speed limit. Therefore, one of the design considerations needs to make allowance for public safety and provide safe traffic lanes for turning vehicles. The consideration for a left turn deceleration lane would partially consider safe sight distance for north bound vehicles. This particular access has a sight distance of over 1,000 feet to the south. This would allow a vehicle traveling the speed limit sufficient time to brake and stop. At present, it would appear there is safe stopping distance for entrance. The construction of a left turn deceleration lane into the PUD would require major reconstruction of the entire county road plus the railroad crossing. The taper lengths and the required lane lengths would require a minimum of 1,200 feet of taper to reroute through traffic plus an additional 450 feet of deceleration lane. The entire frontage of the PUD is 1,600 feet. There is a relatively steep fill area on the east side of the county road requiring additional ROW acquisition. The conflict with the railroad would make construction of these facilities prohibitive in cost with little increase in public safety. The construction of right turn acceleration and deceleration lanes for the PUD does not meet traffic warrants. There is adequate room to construct some facilities, plus the public safety issues would seem to require provisions for these lanes. The standards set for this PUD require meeting AASHTO standards. Based on the traffic warrants, it would meet these standards without installing these improvements. -2- 92109s Based on the AASHTO policies, there should be provision for public safety allowing safe entrance and exit from the PUD. Safety in this particular case would involve providing adequate lane length for vehicle storage for right turns into and from the entrance. Conclusions and Recommendation The following conclusions and recommendations are offered for design standards on the WindSong Ranch PUD access to Weld County Road 17. 1. The 30HV peak design hour volume should be set at 70 DHV for purposes of this project. Although there will be future increases in traffic, there would have to be a 40% increase in peak traffic volumes to require additional improvements. This type of increase should not be seen for quite some time and thus should not be required in this design. 2. The 30 DHV for the WindSong Ranch PUD accessin8 Weld County Road 17 should be set at approximately 11 DHV. This is based on using policies set by AASHTO for rural arterial roadways. This is a directional value which would indicate a peak DHV of 22 trips for an 18 lot PUD. This is deemed to be a reasonable value for design purposes. 3. A left turn deceleration lane on Weld County Road 17 is not required based on the traffic warrants set by CDOT. Graph 4.7.4 attached to the report shows the volume of traffic generated by this PUD would not warrant these improvements. Future traffic patterns that reached the 100 DHV level or higher would still not warrant these improvements, assuming the 11 DHV design value for WindSong Ranch remains constant. 4. A right turn acceleration lane onto Weld County Road 17 is not required by the traffic warrants set by CDOT. Graph 4.7.3 attached to this report shows the volume of traffic generated by this PUD would not warrant these improvements. However, there is a consideration for the acceleration required for climbing up the hill to the south. There are also safety considerations. 5. A right turn deceleration lane from Weld County Road 17 to the PUD is not required by the traffic warrants set by CDOT. Graph 4.7.2 attached to this report shows the volume of traffic generated by this PUD would not warrant these improvements. However, given the location of the access, there are safety factors that must be considered. • 6. It is recommended that a right turn deceleration lane be constructed on Weld County Road 17 with a total length of 300 feet including a taper with a 13:1 ratio. The lane width will be 12 feet with a shoulder width of 4 feet. 7. It is recommended a right turn acceleration lane be constructed on Weld County Road 17 with a total length of 400 feet including a taper with a 13:1 ratio. The lane width will be 12 feet with a shoulder width of 4 feet. 91093 -3- 4.7.4 Deceleration Lanes for Left Turning Vehicles a. A speed change lane for left turning movements,is required for any access according to graph 4.7.4 when the DHV values of the highway single lane and the DHV of left turns intersect at a point on or above the curve for the posted speed. b. Where the DHV of the left turn into the access is less than 12 DHV and the inside lane volume exceeds 250 DHV on 45 to 55 MPH highways or 400 DHV on 25 to 40 MPH highways,a left turn lane may be required due to the high traffic volumes or other unique site specific safety considerations. c. When the access volume meets or exceeds 30 DHV for 25 to 40 MPH highways,or 25 DHV on 45 to 55 MPH highways,a left turn deceleration lane is required. GRAPH 4.7.4 400 { : !f }} L.I . 1 .41 300 •N• N 11 t 11 1 i 11 ; u z aleot 1 1 ;. 1:. 1 ' W < .. f. 1 1 a W 200, �r. ....i ! b fp'r$lo M, 1 1 ! 1. 1 5-t1 __ , f sit a rouM.i H I '• n 100 :41: 11.'1 1 a W , ! __ rossML .� . :I t :i 1. _ ' 1 .« :i::-.1 ».« , I x - i1411::: :1 t 1: . 1 II:: ,11,14 .�.itt 0 5 ,. 10 "' 15 . .,,20 25 I.L.L. 35 DHV OR AVERAGE PEAK HOUR VOLUME OF VEHICLES TURNING LEFT INTO ACCESS 32 921093 4.7.3 Acceleration Lane for Right Turning Vehicles a. A speed change lane for right turning acceleration movements is required for any access according to graph 4.7.3 when the DHV values of the highway single lane and the DHV of right turns intersect at a point on or above the curve for the posted speed. b. A right turn acceleration lane may be required for any access where a high traffic volume on the highway and lack of gaps in traffic make use of an acceleration lane necessary for vehicles to enter the highway traffic flow through the use of merging techniques. c. A right turn acceleration lane is not normally required when the posted speed is less than 40 MPH. However,an acceleration lane may be required where necessary for public safety and traffic operations based upon site specific conditions. d. Where the DHV of the right-turn movement out of the access is less than 15 DI-IV for speeds of 45 MPH and above,or less than 30 DHV for a speed of 40 MPH,no acceleration lane is required unless specifically necessary due to safety considerations. GRAPH 4.7.3 1 .l r i-. 1'•.1..---I-F..{-₹aril L i_: 4 - r .-..4... "i "Ii 1 i t —... 1 + I i 1 -. _ 7 i !1 I .44 4001 { jMT+ 11 1, f' • 1i i 1: < +T ' i ii:E:+. .t ♦. :Ej +T ill'. .':l. .I• ::� .:it ii.:.;: z O 300 H+ +i+ I 1+1.1 .. >u 6 S :I! 1 u 0 Er 10 15 25 30 35 40 45 DHV OR AVERAGE PEAK HOUR VOLUME OF VEHICLES TURNING RIGHT OUT OF ACCESS 31 921099 4.7.2 Deceleration Lanes for Right Turning Vehicles a. A speed change lane for right turning deceleration movements is required for any access according to graph 4.7.2 when the DHV values of the highway single lane and the DHV of right turns intersect at a point on or above the curve for the posted speed. b. Where the DHV of the right turn into the access is less than five DHV and the outside lane volume exceeds 250 DHV on 45 to 55 MPH highway,or450 DHV on a 35 to 40 MPH highway,or 600 DHV on a 25 to 30 MPH highway,then a right turn lane may be required due to high traffic volumes or other unique site specific safety considerations. c. When the access volume meets or exceeds 25 DHV with a highway posted speed of 25 to 40 ' MPH or 20 DHV above 40 MPH,a right turn deceleration lane is required. GRAPH 4.7.2 et soo l • ■ 4 •■iii I } 400 = 7 j `� • {{ j 4.; ,' 1 ' Il11 � ' I ;1 Li Zf W 1{1{ +"4 • f•, 1 11 I � 11 , ,I , 4: 111.4., • ,." I J 4 !11 1' t 1. .1I '1 , I .441.1 I I ;1 I�. r] 2*;+ I ' :. 1.... I .. W _. Z 300 i�t ..1,\•1•••• ~ .. ... .. ..{ 1, 1 I ' } 1 CN i 3I 1 ... ZI, g 700 ti+.... a• .... 2$I0$64t. . ... . . . ... .. ..... r■Mr 100' . s 4. .r. 0 5 10 15 20 25 DHV OR AVERAGE PEAK HOUR VOLUME OF VEHICLES TURNING RIGHT INTO ACCESS 30 921099 SUMMARY OF TRIP GENERATION RATES Land Use/Building Type Planned Unit Development ITE Land Use Code 270 Independent Variable—Trips per Dwel Ling Unit Average Number Average Size of Trip Maximum Minimum Correlation of Independent Rate Rate Rate Coefficient Studies Variable/Study Average Weekday Vehicle Trip Ends 7.9 10.0 6.2 6 389 Peak A.M. Enter 0.5 0.9 0.2 3 222 Hour Between Exit 0.5 1.0 0.3 3 222 of 7 and 9 Total 0.8 1.9 0.6 5 390 Adjacent P.M. Enter 0.5 1.0 0.2 3 222 Street Between Exit 0.4 1.2 0.2 3 222 Traffic 4 and 6 Total 0.8 1.8 0.6 5 390 Peak A.M. Enter 0.5 0.9 0.2 3 222 ( Hour Exit 0.5 1.0 0.3 3 222 of Total 0.8 1.9 0.6 5 390 Generator P.M. Enter 0.5 1.0 0.2 3 222 Exit 0.4 1.2 0.2 3 222 Total 0.8 1.8 0.6 5 39Q Saturday Vehicle Trip Ends 8.0 9.9 6.3 2 209 Peak Enter Hour of Exit Generator Total Sunday Vehicle Trip Ends 7.0 8.3 5.8 2 209 Peak Enter . Hour of Exit Generator Total , Source Numbers 6, 11, 13, 16, 26 ITE Technical Committee 6A-6—Trip Generation Rates • Date: 921093 ATT.F PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Commission expires Legal Description: Wind Sonq Ranch PUD. Part of the NE/4 of SPrtinn R. T5N, R67W, of the 6th p.m. , Weld County, Colorado 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 feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. /Gary J. Tuttle The foregoing instrument was subscribed and sworn to before me this j day v , 1991->-; WITNESS my hand and official seal. • \ Notary Pub c My Commission Expires: My Commission Expires 925..093 September 9, 1994 PLANNED UNIT DEVELOPMENT PLAN NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION // LIND. MARTIN 1469 44TH AVFNIIF RRFFIFY R06W4 0957-08-000-029 SCHMERGE, THOMAS P. & FIT7ARFTH nl 2754 IJCR_60 ITUDSOP 80550 0957 08 000 027 AAS ERIC FURUSETH & HEIDI ANN 7680 WCR 60 WINDSOR 80550 0957-08-000-030 PLATT, FRANK L. & KATHIE N 28607 WCR 17 WINDSOR 80550 0957-08-000-031 WEINMEISTER, GARRY A. & 28649 WCR 17 WINDSOR 80550 0957-08-000-025 KATHI FEN F ZEILER FARMS 820 FOOTE COURT LOVELAND 80537 0957-07-000-008 THORNTON, BRUCE J. 1507 PETERSON ST. FT. COLLINS 30521 0957-05-000-027 BLACKMAN, KHNUY K. BURKHART, KAREN E. 29098 WCR 17 WINDSORi,80550 0957-04-000-030 GLASSGOW, NEVINE & ANNETTE L. 1210 1DA DR. LOVELAND 80537 0957-04-000-027 LUNDVALL, ELMER E.-1/3 int. 3490 W 49TH AVE. GREELEY 80634 0957-09-000-008 MOORE, JACKIE -1/3 int. GREELEY 80634 921093 ATT.G PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: Wind Song Ranch PUD, Part of the NE/4 of Section 8, T5N, R67W, of the 6th p.m. , Weld County, Colorado 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 lessees of mineral owners on or under the parcel of land under 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. Gary d1 Tuttle The foregoing instrument was subscribed and sworn to before me this day of , 199 WITNESS my hand and official seal. Notary Pftklic My Commission Expires: My Commission Expires September 9, 1994 921099 ATTACHMENT B PLANED UNIT DEVELOPMENT PLAN OWNER(S) AND/OR LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE. RALPH W. GAUSE RAYMOND H. FRANK 809 WEST 11TH STREET SOUTH BOX 56 NEWTON, IOWA 50208 BRIGGSDALE, CO 80611 DWIGHT W GAUSE GARY A. JEFFERS , 36913 33RD AVENUE SOUTH MARILEE A. JEFFERS AUBURN, WASH. 98002 1634 27TH AVENUE GREELEY, CO 80631 LOWELL L. GAUSE 1601 WEST 13TH STREET SOUTH BUDDY BAKER NEWTON, IOWA 50208 1429 LARIMER STREET DENVER, CO 80202 LORY W. GAUSE (NO STREET ADDRESS GIVEN) AEON ENERGY COMPANY LYNNVILLE, IOWA 50153 405 URBAN STREET #302 LAKEWOOD, CO 80228 DOROTHY J. GAUSE (NO ADDRESS GIVEN) CLARA E. GAUSE (NO ADDRESS GIVEN) 921098 DOYLE, KLEIN, OTIS,FREY, HELLERICh ..c LAZAR ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 DENVER METRO HENRY C.FREY AFFILIATED NATIONAL PLAZA (303)659-7576 THOMAS E.HELLERICH 822 7th STREET ROGER A.KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 August 21, 1992 Mr. Brian Grubb Mr. Chuck Cunliffe Weld County Planning Services 914 Tenth Avenue Greeley, CO 80631 RE: WindSong Ranch Lind Land Company Gentlemen: As you are aware, I represent the applicant in the above- referenced matter. Pursuant to our phone conversation of August 20, 1992 , this letter shall serve to advise you that the operation and maintenance of the internal roads on the WindSong development, will be provided and paid for through the homeowner' s association and will be incorporated into the covenants. Further, the development agreement will be modified to reflect this change, and that the County will not be accepting any dedication of the internal roads. Also, as I have indicated, the changes that Lee Morrison and I have discussed, are more of a housekeeping nature, and will not change the actual use of the property from the uses and restrictions set forth in the covenants now submitted. I, therefore, do not believe that there are any changes that will be made, that will make any difference to any referral agency. I am, therefore, asking on behalf of the applicant that this matter be scheduled and included on the agenda for September 15, 1992 . Very—tr uly yours, THOMAS E. HEL ERICH Attorney at Law TEH: cjm a cc: Lee Morrison Martin Lind AUG 2 1 1992 1 Weld County Planning 921098 45zero9 T'!TTLE APPLEGATE INC 852 P02 AUG 21 '92 08:19 WINDSOR FIRE DEPARTMENT 728 Main Street •Windsor,Colorado 80550 •(303)686-2626 :.ugust 20, 1992 Mr. Brian Grubb Weld County Planning Lept. 915 10th Street Greeley, CO 80631 Res Fire Protection Study, Windsong Ranch PUD Dear Mr. Grubb: The Department has reviewed the subdivision plan of July 28, 1992, which in - clpdes the location of three fire hydrants. ,411e have also reviewed the water Q,-a 1 Lttl+H T •„ Watet Distr tt on August 7, flow information � gus . y�,�`�-. i 1992 _...: :::•..: ...,::•:' r,.:,. • •' n. i11 V'f0 WNtiilsif?k'.'L+. ,.•J,rE ti :r 'i:. r. We find the thr6e4131ari nts;6o kaecept le,ibtltr•tb ;tynami:e water pressure .e. :: to be too low. .� r!erFure ,�• ajjstpa<. �i�i�:fy�'r -},Q0.1f'�p�s at So psi. We will coo ra eit3t' •,. Pe Ce. ;�•�!��"i. n�;t� tFtieY1�8�tlkr;Y._: �o,�mggt this criteria. _nir. ::^ �!!i' %'r!Nti Y:{717,.5• i 1..:N!: :'+•i--...i( n.r.:.r::..=.• :i.n:.',[1�i%:'7,•:„ Erf 7.•. Mr.:.�7t7tre:f:.e .:.3C_ t 'y.ilci: fy i!'La^.... .. ..y:::......• � 4•..o.ri1...?i8��i p�piL,..rx)).(; ..:. •ae;�;. :: ' -";51;117.4v,.�.HG:'/...� .L'i•. 'try>il4.dlt:••:J.:..,a"(Jya(i•rb lFl:[J.I:.:.•A�:[p•::..... 'y1f ..}:rs F'"`;if�•Jr.'.7..yn.. Sincerely: ..:i.41'f N,��d !:..1 Ake"!1•, . ?flr Bob Winter Development Reviewer Aug 2 1 1992 Weld County Planning 921093 AUG 21 ' 92 8:20 4522759 PAGE. 002 aMOMMIk ama c _ • Mar. TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development August 21, 1992 Weld County Clerk for the Board of Commissioners 915 Tenth Street Greeley, CO 80631 ATTN: Ms. Shelley Miller RE: Pre-advertisement for Public Hearing on Land Use Application Dear Ms. Miller: At the request of the Lind Land Company, we are requesting a pre- advertisement of the September 30th Board of County Commissioners hearing for the WindSong Ranch Planned Unit Development. The following reasons for this request are given below: 1 . We feel the conditions of the approved PUD rezoning have been satisfied within the last 30 days. 2 . The PUD tract size of 54 acres is one that requires less review time for Weld County staff and other appropriate reviewing agencies. 3. Prior meetings between Tuttle Applegate, Inc. , Weld County Department of Planning Services, other approving agencies, and utility companies have provided good direction and guidance for the final design and submittal of the WindSong PUD plans to Weld County. 4 . The upcoming fall 1992 construction season can be used to construct most public improvements and infrastructure prior to inclement weather. We hope the above information will be of assistance and this request can be scheduled for the next Board of Commissioners meeting. Thank you for your consideration. Sincerely, TUTTLE APPLEGATE, INC. Robert VanDop RV/cr cc: File #92-102 Martin Lind, Lind Land Company Weld County Department of Planning Services 921998 11990 Grant Street, #410 Telephone. (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development August 13, 1992 Mr. Chuck Cunliffe, Planning Director Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Windsong Final Plan PUD Application (Completion Items ) Dear Mr. Cunliffe: After our meeting of Thursday, July 30, 1992, our office has been able to gather the majority of the information you requested on your sixteen point completion list of July 30, 1992 . Please refer to this list. Responses are as follows : ITEM 1 - Utility Plans completed with all utility representative signatures shown. (Attached with this submission - Ten ( 10 ) copies) . ITEM 2 - PUD Final Plan (attached with this submission, 25 copies ) . ITEM 3 - Affidavit of Interest Owners, Surface Estate (attached, notarized; one ( 1 ) original, 24 copies ) . ITEM 4 - Affidavit of Interest Owners, Mineral (attached, notarized; one ( 1 ) original, 24 copies) . ITEM 5 - One ( 1 ) Soils Report with Colorado Geological Survey information for this site is complete. A check for $490. 00 was submitted July 31, 1992 . (One ( 1 ) copy attached with addendum) . ITEM 6 - The improvement agreements, protective covenants/ restrictions are presently being reviewed by Mr. Lind's attorney, Mr. Tom Hellrich. It is my understanding the final details/revisions necessary will be resolved between the owner' s attorney and Mr. Lee Morrison, Weld County Attorney. ITEM 7 - See PUD Final Plan prepared by King and Associates (see Item 2 ) . ITEM 8 - See Item 6 (to be resolved between owner's attorney and Weld County Attorney) . ITEM 9 - A soils report with percolation data has been completed and is attached with this submission ( five (5 ) copies attached) . ITEM 10 - We have been in contact with Bob Winter of Windsor/Severence Fire District and supplied him with information on test flows undertaken by the Little Thompson Water District (see correspondence attached) . 921093 11990 Grant Street, #410 Telephone: (303 ) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 Mr. Chuck Cunliffe Weld County Planning August 13 , 1992 Page 2 ITEM 11 - The PUD Final Plat has been signed by the surveyor. Mr. Drew Scheltinga notified our office that engineer sealed documents were not required until final approval is granted from the Weld County Engineer. ITEM 12 - The street drawings were revised which resolves the geometry & cross sections needed. (Three (3 ) revised sets of plans attached) . ITEM 13 - See Item 2 above. PUD Final Plat shows 20 feet wide roadway dedication to Weld County to accommodate accel/decel lanes. ITEM 14 - The traffic report with design conclusions is shown. (Three (3 ) copies attached) . ITEM 15 - See Item 2 . PUD Final Plan shows easements. ITEM 16 - Attached is correspondence to Mr. Scheltinga referencing the railroad crossing. We are requesting more information from Great Western Railroad represented by David Lafferty, General Manager. Two items which we discussed at our meeting on July 30, 1992 have been included on the Final PUD Plat - see bottom left corner (REF: School Impact Fee; Secondary access to cul de sac via) . We hope the above information and the enclosed documents meet with your approval and that the WindSong Ranch Final PUD application is accepted by the Weld County Department of Planning Services. Thank you again for your time and consideration. Cordially, TUTTLE APP GATE, INC. Robert VanDop RV/cr Encs. cc: File #92-102 Martin Lind, Lind Land Company Tom Hellrich, Attorney fet 3t.3.03\ c alime AMEM • TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development August 4, 1992 Mr. Barry Dykes Operations Manager Little Thompson Water District 307 Welch Avenue Berthoud, CO 80513 RE: Flow test results, WindSong Ranch Dear Barry: Would you please forward a copy of the flow test results for the 6 inch main at WindSong Ranch to Bob Winter of the Windsor/Severance Fire Protection District. After discussing the fire hydrant locations with Bob he requested this information. Your assistance in this matter would be appreciated. Would you also send a copy of the flow test results to our office as well. Thank you. Sincerely, TUTTLE APPLEGA , INC.QI tl—Robert VanDop RV/cr cc: Bob Winter File# 92-102 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 9Z1095 - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development July 24 , 1992 Weld County Clerk for the Board of Commissioners 915 Tenth Street Greeley, CO 80631 ATTN: Ms. Shelley Miller RE: Pre-advertisement for Public Hearing on Land Use Application Dear Ms . Miller: At the request of the Lind Land Company, we are requesting a pre- advertisement of the September 9th Board of County Commissioners hearing for the WindSong Ranch Planned Unit Development. The following reasons for this request are given below: 1 . We feel the conditions of the approved PUD rezoning can be satisfied within a 30 to 40 day review period. 2 . The PUD tract size of 54 acres is one that requires less review time for Weld County and the appropriate review staff . 3 . Preliminary meetings between Tuttle Applegate, Inc. , the approving agencies, and utility companies have provided good direction and guidance for the final design and submittal of final plans to Weld County. 4 . The upcoming fall 1992 construction season can be used to construct most public improvements and infrastructure prior to inclement weather. We hope the above information will be of assistance and this request can be scheduled for the next Board of Commissioners meeting. Thank you for your consideration. Sincerely, TUTTLE A PLEGATE, INC. • ✓ter. •JJ Robert Van Dop RV/cr cc: File #92-102 Martin Lind, Lind Land Company 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 C 0(1 t- am) 921093 Martin Lind Post Office Box 1727 Greeley, Colorado 80632 July 24, 1992 Board of County Commissioners 914 10th Avenue Greeley, Colorado 80631 Re: WindSong Ranch Greeley, Colorado Gentlemen: I, Martin Lind, applicant for WindSong Ranch P.U.D. plan state that all costs associated with the pre- advertisement will be paid for by myself. M ti Li d 921099 qZ - loZ or e TUTTLE APPLEGATE, INC. l iern Kg, Consultants for Land and Resource Development April 3, 1992 Mr. Drew Scheltinga County Engineer Weld County P. O. Box 1948 Greeley, Colorado 80632 RE: Windsong Ranch-County Road 17 Railroad Crossing Dear Drew: Thank you for meeting with us at the proposed Windsong Ranch PUD. Based on our meeting with Dave Lafferty of the Great Western Railroad and Jack Baier of the PUC, it is my understanding that Weld County will be responsible for making the actual application to the PUC for the moneys involved for the improvements. This letter is an official request on behalf of Martin Und, the developer, for Weld County to make the proposed improvements at County Road 17 with the following cost sharing provisions. Participant Percentage Public Utilities Commission 60.0 Great Western Railroad 20.0 Weld County 10.0 Windsong Ranch 14,0 Total Participation 100.0 It is my understanding the Great Western Railroad will prepare the cost estimates for the labor and equipment necessary to construct the crossing signals. Mr Lafferty gave us the impression the costs would be close to the $30,000 range. 921093 11990 Grant Street,#410 Telephone: (!Q9)452-0511 Denver,Cdoredo 50233 FaUnle: 003)452-2750 Mr. Drew Scheltinga County Engineer Weld County April 3, 1992 Page 2 If we can be of any service in helping you with the application documents to the PUC, please do not hesitate to call. We look forward to working with you. Cordially, TUTTLE 7ade- Mike APPLEGATE, INC. Applegate, P. . CMA/cr cc: File #92-102 Martin Lind 921©99 - a - a - a - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development September 8, 1992 Mr. Brian Grubb Weld County Planning Department 915 Tenth Avenue Greeley, CO 80631 RE: WindSong Ranch; Referral Comments for Planning Commission Meeting Dear Brian: The week before last we picked up the packages for the referral agencies and both hand delivered or mailed them to everyone. Last week on September 2 we began contacting all these agencies to encourage them to respond to you by September 8 or at the latest by September 9 . Below is a list of the agencies and the status of their response based on direct telephone calls to them. . . . Weld County Health Department - Completed and Returned . . . County Sheriff - Completed and Returned . . . County Engineering - Drew has given our plans a brief review and he believes there will be no significant changes on the plans. He says he is quite busy for the next several days and probably will not give the plans a complete review until later in the week. He expects any changes will be quite minor. He said he would try to call you today. . . . Colorado Geological Survey - Jim Soule will be reviewing the package today and forward preliminary comments to you. He mentioned that at a later date he will actually visit the site and confirm his comments. . . . Oil and Gas Commission - They sent their comments on September 4, 1992 . . . . Windsor Fire Department - Being a totally volunteer organization, these people are very difficult to reach and it is even harder to get a letter from them. On August 28, 1992 , we had meeting with them and the Water District to determine a course of action for adequate fire protection. The Fire District is satisfied that a portion of their water needs can be supplied through the hydrants. The remainder will be provided by a pool of water in the stormwater detention ponds. These ponds will be made impermeable and a dry hydrant will be installed. We will try to contact Bob Winter and have him call you. �C iiV ASEP 09 1992 921093 I‘ ll yy C 11990 Grant Street, #410 Telephone: (303 ) 45yyz-oilt yp�onning Denver, Colorado 80233 Facsimile: (303 ) 452-2759 Mr. Brian Grubb Weld County Planning Department September 8, 1992 Page 2 . . . Panhandle Eastern Pipeline Company - Sent a letter to you on August 28, 1992 . . . . Windsor School District - Their review is complete and they returned a comment to you. . . . Great Western Railway Company - They have reviewed and sent a letter to you on September 5, 1992 . . . . Little Thompson Water District - Barry Dykes returned from vacation on September 8. He will review the materials today and mail a letter today. . . . Western Area Power Administration - Dave Griffith will call you today. . . . Town of Windsor - The Planning Commission recommended approval at their regular meeting. . . . City of Greeley - Their Planning Commission meets to discuss the site plan on September 25 so they have no new comments now. . . . Greeley Soil Conservation District - Dwayne Newman will call you today. . . . Corps of Engineers - Reviewed on September 3 and their comments have been mailed. Larimer County Planning Department - Russ Legg will return from vacation on September 9 and we will contact him regarding the referral. Many of these agencies do not bother sending you a response if they have no problem with the case. We expect you may get more referral responses because of our telephone work. We believe we have all the questions addressed and resolved at this point and we look forward to the September 15 , 1992 Planning Commission meeting. Cordially, TUTTLE APPLEGATE, INC. Gar . Tuttle GJT r cc: File #92-102 Martin Lind, Lind Land Company 9121.099 DR me.By r/4ge,,cA 0 = I Y e DECLARATION OF PROTECTIVE COVENANTS Deco /fit SEP 0 3 1992 AND RESTRICTIONS OF WINDSONG RANCH A PLANNED COMMON INTEREST COMMUNITY Weld County Planning WELD COUNTY, COLORADO THIS DECLARATION, made on the date hereinafter set forth by Lind Land Company, a Colorado Corporation ("Declarant") RECITALS: WHEREAS, the Declarant desires to create within the Properties, described in Exhibit "A" , a planned common interest community, the name of which is Windsong Ranch P.U. D. Planned Common Interest Community, with permanent bridle paths, a riding arena, a natural park and other common areas for the benefit of the community; and WHEREAS, the Declarant desires to provide for the preservation of the values and amenities in the community including the maintenance of the bridle paths, riding arena, natural park and other common areas; and, to this end, desires to subject said Properties to the covenants, restrictions, easements, charges and liens hereinafter set forth which are for the benefit of said Properties, and each Owner therein, his or her heirs, successors, personal representatives, grantees, and assigns; and WHEREAS, it is desirable, for the efficient preservation of the values and amenities in the community, to create an entity which has the obligation and powers of maintaining the common area and facilities, of administering and enforcing the covenants and restrictions and of collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused to be incorporated under the laws of the State of Colorado, as a non-profit corporation, the WINDSONG RANCH HOMEOWNERS ASSOCIATION, for the purpose of exercising the duties, functions and responsibilities as herein set forth. NOW, THEREFORE, the undersigned Declarant declares that the Properties are and shall be held, transferred, sold, conveyed and occupied subject to the restrictions, limitations, uses, covenants, conditions, charges and liens hereinafter set forth, and that they shall run with the land and be binding on all parties having any right, title or interest in the said Properties or any part thereof, their heirs, successors and assigns, and that they shall inure to the benefit of the Association and of each Owner therein. 1 921099 ARTICLE I Definitions Section 1.01. Submission of Real Estate. (a) Declarant hereby declares that all of the real estate described in Exhibit A shall be held or 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 estate and be binding on all parties having any right, title or interest in the real estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Owner thereof. Additionally, Declarant hereby submits the real estate to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33 . 3-101 et seq. , Colorado Revised Statutes, as it may be amended from time to time (the "Act") . In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. Section 1.02 . Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the plat or map shall have the meanings specified or used in the Act. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to the WINDSONG RANCH HOMEOWNERS ASSOCIATION. (b) The "Properties" shall mean and refer to all that real estate described in Exhibit A attached hereto and by reference made a part hereof, Weld County, Colorado, and such additions thereto, as may hereafter be brought within the jurisdiction of the Association pursuant to Article II hereof. (c) "Unit" or "Lot" shall mean and refer to any Lot or Unit shown upon any recorded P.U.D. Plat of the Properties which is described by a Lot or Unit number and which is not a part of the Common Areas as hereafter defined; however, it shall not include outlots which are generally designated by letters. Any time an outlot, or any portion thereof, is added to or combined with a Lot, it shall thereafter be governed by all provisions of the Declaration relating to Lots. (d) "Owner" shall mean and refer to the recorded Owner, whether one or more persons or entitles, of the fee simple title to any Lot intended for residential purposes situated within the Properties. (e) "Common Areas" shall mean and refer to those areas shown 2 9:1099 on any recorded P.U. D. Plat of the properties, or improvements thereon, which are dedicated to or acquired by the Association for the common use and enjoyment of the Owners including the bridle paths and certain outlots. "Common Areas" shall also include any other land from outside the Properties dedicated or acquired for such purposes. (f) "Assessments" shall mean all monies due the Association from Owners as duly assessed by the Board of Directors of the Association in accordance with this Declaration, and the Association' s Articles and Bylaws. ARTICLE II Names; Description of Real Estate and Properties The name of the Planned Community is WindSong Ranch P.U. D. Planned Common Interest Community and covers the real estate set forth in Exhibit A and is located in Weld County, Colorado. Section 2 .01. Number of Units. The number of Units is 18 . The Declarant reserves to rights to create additional Units. Section 2 .02 . Identification of Units. The identification number of each Unit or Lot is shown on the plat or map and Exhibit B of this Declaration. Section 2 .03 . Unit Boundaries. The boundaries of each Unit are located as shown on the plat or map. Section 2 .04. Additional lands may become subject to this Declaration upon petition of the Owner thereof and upon approval in writing of Lind Land Company; however, after Lind Land Company has relinquished all interest in the Architectural Control Committee under Article VI , Section 6 . 01, written approval shall be by the Association. In the event properties are added, they shall then be a part of the scheme of this Declaration and subject to the jurisdiction of the Association and be thereafter deemed as included in the definition of "Properties" . ARTICLE III The Association Section 3 .01. Authority. The business affairs of the Planned Community shall be managed by the Association, a Colorado nonprofit corporation. The Association shall be governed by its bylaws, as amended from time to time. Section 3.02 . Powers. (a) The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the 3 921093 Association. Unless otherwise provided, the Association in managing the business affairs shall follow the provisions of Sections 38-33 . 3-306 through 38-33 . 3-310 . Notice of any meeting of the Association shall be given to all Unit Owners by regular mail not less than 14 days prior to the meeting. (b) The Association may assign its future income, including its rights to receive Common expense assessments, only by the affirmative vote of the Unit Owners of Units to which at least 51 percent of the votes in the Association are allocated, at a meeting called for that purpose. Section 3 .03 . Declarant Control . The Declarant shall have all the powers reserved in Section 38-33-3 . 303 (5) of the Act to appoint and remove officers and members of the Executive Board. Section 3.04 . Owners shall be Members. Every Owner shall be a member of the Association and such membership shall be appurtenant to the Unit giving rise to such membership, and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon sale or transfer of Owner' s interest in said Unit and then only to the transferee of said Unit Section 3. 05. Voting Rights. There shall be one vote for each Unit owned; however, when more than one person or entity is the Owner of a Unit, their vote shall be exercised as they among themselves determine. The Association has the right to suspend the voting rights of an Owner if the Assessment against his Unit remains unpaid for thirty days after the due date referred to in Article V, Section 5. 04 , and for a period not to exceed sixty days for any infraction of its published rules or regulations. ARTICLE IV Property Rights in Common Areas Section 4.01. Owners ' Easements of Enjoyment. Every Owner or his tenants shall have a right and easement of enjoyment in and to the Common Areas which right and easement shall be appurtenant to and shall pass with the title to every Unit subject to the following provisions: (a) The right of the Association to suspend such easement of enjoyment in and to the Common Areas if (1) an Assessment against an Owner' s Unit remains unpaid for thirty days after the due date referred to in Article V Section 5. 04 ; and if (2) a member of the family, a guest or an invitee of an Owner or his tenant is found guilty by the Association of any infraction of its published rules or regulations, which suspension may not exceed sixty days; (b) Such rules and regulations as may be adopted from time to time by the Board of Directors of the Association; 4 92-1.093 (c) The right of the Association to charge fees for use of the Common Areas and to limit the number of guests of members; (d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility provided the instrument of dedication or transfer is executed by two-thirds of the Owners. (e) The right of the Association to borrow money for the purpose of improving the Common Areas and facilities, and in aid thereof, to encumber said property with the provision that the rights of the holder of any encumbrance shall be subject to the rights of the members of the Association as stated herein while such encumbrances is current and not in default. Section 4 .02 . Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas to members of his family or his tenants who reside on his Lot. Section 4 .03 . Use Restoration. The use of the Common Areas shall be subject to the following restrictions. (a) No use shall be made of the Common Areas which will in any manner violate the statutes, ordinances, rules or regulations of any governmental authority having jurisdiction over the Common Areas; (b) No activity shall be conducted on any part of the Common Areas which will permanently deny free access to such areas unless an instrument is recorded which is executed by two-thirds of the Owners wherein the property is legally described and its intended use is set forth with some particularity. ARTICLE V Covenant for Assessments Section 5.01. Creation of Association Lien and Personal Obligation to pay Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual and special Common Expense Assessments. Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Unit Owner at the time when the assessment or other charges became or fell due. The personal obligation to pay any past due sums due the Association shall not pass to the successor in title unless expressly assumed by them. 5 921098 The Common Expense Assessments of the Association shall be a continuing lien upon the Unit against which each such assessment is made. A lien under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Security Interest on the Unit recorded before the date on which the Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental assessments or charges against the Unit. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the Association' s lien except that sale or transfer of any Unit pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association' s lien as provided in the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof. Section 5.02 . Purpose of Assessments. The assessments levied by the Association through its Executive Board shall be used for the purposes of promoting the health, safety, and welfare of the residents in the Common Interest Community and for administration, management and maintenance of all common areas and common improvements, internal roads including snow removal and all upkeep including the items set forth in Section 38-33 . 3-307 of the Act. Section 5. 03 . Uniform Annual and Special Assessments. Common expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Exhibit B of this Declaration. Annual and Special Assessments shall be set at a uniform amount for all Units within the Properties; except, (1) there shall be no Assessment against Units owned by Lind Land Company within the Properties for which a marketing effort has yet to be commenced and (2) Lind Land Company Units for which a marketing effort has previously commenced shall be assessed at one-third of the uniform amount. Lind Land Company Units for which a marketing effort is commenced hereafter (which Units may be marketed in phases of fewer Units than are contained in a filing or subdivision) shall become subject to an Assessment at one-third of the uniform amount for the calendar month following the commencement of a marketing effort for such Units, and then only on a pro rata basis for the remainder of the calendar year. Special Assessments shall be set at a uniform amount for all Units within the Properties except only for Units owned by Lind Land Company for which a marketing effort has yet to be commenced. 6 921098 Section 5.04 . Determination of Annual Assessments. The Common Expense Assessment shall be made on an annual basis against all Units and shall be based upon the Association' s advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments may be collected in the manner as determined by the Board of Directors. Common Expense Assessments shall begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. At least ninety days prior to the end of each calendar year, the Board of Directors of the Association shall determine by budget the amount of the total Assessment necessary to pay those expenses to be incurred by the Association in the following calendar year pursuant to the provisions of these covenants, and they shall divide that sum among the Units as above provided. The Association shall then give written notice of the budget thereof to each Owner by ordinary mail pursuant to Section 38-33 . 3-303 of The Act. Simultaneously with the determination of the Assessments, the Board of Directors shall establish a "due date" for the payment of said annual Assessment, and said due date shall be specified in said notice of Assessment. The due date shall be a time no sooner than thirty days after said notice to Owners is mailed. As an alternative, the Board of Directors may determine that said annual Assessments may be paid on an installment basis of semi-annually, quarterly or monthly and set "due dates" for each such installment with the first due date being no sooner than thirty days after said notices of Assessment to the Owners are mailed. Said notices of Assessments shall specify the appropriate due dates. Section 5.05. Special Assessment - Procedure. In addition to the annual Assessments authorized herein, the Association may levy special Assessments for items or expenses of a special or one- time nature, including without limitation, the defraying, in whole or in part, the cost of construction of a capital item on the Common Areas, unexpected repair or replacement of a capital item, including fixtures and personal property related thereto; provided that, any such Assessment shall have the assent of a two-thirds vote of the members at a meeting to be held as hereafter provided. The procedures set forth in Article III of the Bylaws of the Association for special meetings shall be adhered to for such a meeting, except as follows: (a) Voting shall be in person or by proxy as provided by the Act; however, legal entities may designate a representative who is a principal thereof for voting purposes (ex. , an officer, a partner or a venturer of a Unit Owner) ; and (b) The quorum at the first meeting called for this purpose shall be equal to 50% of the number of Units then within the 7 921.099 Properties; and (C) If a quorum is not obtained at the first meeting, a second meeting may be called for a date no later than sixty days following the first meeting, and at said second meeting the quorum requirement shall be half that required for the first meeting; and (d) Should a lack of quorum require subsequent meetings, the sixty day requirement shall continue, but the quorum requirements shall be halved for each such meeting; and (e) Once a quorum is obtained, the quorum requirements shall not be further reduced for subsequent meetings considering the same proposed special Assessment. Once a special Assessment has been approved, the Board of Directors shall establish a due date(s) therefor and provide for the notices as required in Section 5. 04 above; and further, the Board of Directors may permit installment payments over a period of years not exceeding five years. Section 5.06. Effect of Non-Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, shall bear interest at the rate as determined by the Executive Board and the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessments charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Unit. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Section 5.07 . Working Fund. The Association or Declarant shall require the first Owner of each Unit (other than Declarant) to make a non-refundable payment to the Association in an amount equal to one-sixth of the annual Common Expense Assessment against that Unit in effect at the closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the sale by Declarant of each Unit, as aforesaid, and shall be maintained for the use and benefit of the Association. Such payment shall not relieve an Owner from making regular payments of assessments as the same become due. Upon the transfer of his Unit, an Owner shall be entitled to a credit from his transferee for any unused portion of the aforesaid working fund. 8 921098 Section 5. 08. Assessment Certificate. The Association shall, upon demand and upon payment of a reasonable fee not to exceed $25. 00, furnish to any person in interest a certificate in writing, signed by an officer of the Association, indicating the then current status of the annual and special Assessments. Once issued, such certificate shall be conclusive evidence of the facts stated therein. ARTICLE VI Architectural Control Committee Section 6.01. Composition, Appointment and Removal . There shall be an Architectural Control Committee (A.C.C. ) presently composed of three members namely . Such members may be removed at any time by Lind Land Company (LLC) and in the event of such removal or the death, incapacity or resignation of any one of such members, LLC shall have absolute authority to appoint a successor who in like manner may be removed at any time by LLC. Also LLC may designate a person to serve on either Committee during the temporary absence of any one of such members. Furthermore, LLC may at any time in its sold discretion increase the A. C.C. Committee to five members and therefore decrease the number to not less than three. The removal of members, the appointment of successor members, the designation of temporary members and the increase or decrease in the number of members for either Committee shall be accomplished by the execution of an appropriate instrument by LLC and the filing of it with the Association. LLC may, by instrument in recordable form, relinquish all interest in the A.C. C. by recording it in the Weld County records, and thereafter the aforementioned powers relating to the Committees shall be exercised by the Association. Section 6. 02 . Review by A. C. C. No structure, whether residence, accessory building, antenna, flagpole, fence, wall , sign, house numbers, mailbox, exterior lighting, or other improvement shall be constructed or maintained upon any Unit, outlot or upon any of the Common Areas, and no alteration or repainting of the exterior of a structure shall be made unless complete plans, specifications, and Unit plans, therefor, showing the exterior design, height, building material and color scheme thereof, the location of the structure plotted horizontally and vertically, the location and size of driveways, fencing, walls and windbreaks, and the grading plan shall have been submitted to and approved in writing by the A.C. C. Section 6.03 . Procedures. The A.C.C. may charge a fee not exceeding $75. 00 for the review of each set of residential or accessory building plans and specifications submitted. Such charge shall be paid by the person submitting such plans and specifications for approval and the plans and specifications shall 9 X3"•1393 be deemed not submitted until the fee is paid. A quorum at any meeting of the A.C.C. shall consist of at least three members thereof and any decision shall be reached by a majority vote. The A.C.C. 's approval or disapproval, as required by any provision of this Declaration, shall be in writing, and any approval shall expire in one year if construction has not by then commenced; furthermore, the A. C. C. may impose any conditions it considers advisable on any approval or on the use or maintenance of any improvement. Any plans and specifications submitted and not approved or disapproved as aforesaid within thirty days shall be deemed disapproved. the A.C. C. shall maintain written records of all applications submitted to it and all actions it may have taken, and a copy of such plans, specifications, and Lot plans as finally approved, shall be retained by the A.C.C. Section 6.04 . A. C. C. ' s Discretion and Non-Liability. The A.C.C. shall exercise its best judgment to see that all improvements and construction within the Properties conform to and harmonize with existing surroundings and structures ; however, the A.C.C. has caused to be prepared a "Site and Building Design Guidelines" booklet for WindSong which will be supplemented and amended from time to time and the most recent version thereof shall serve as the primary yardstick against which plans and specifications submitted shall be measured. The A.C.C. , or its duly authorized representatives, shall not be liable in any manner for any action taken or failure of action in these premises. Section 6.05. Waiver. The A. C.C. may, at its discretion, waive any provision of this Article VI of this Declaration in the event it finds a practical difficulty or unnecessary hardship. Section 6.06. Review by A.C.C. No landscaping of any nature or type shall be undertaken with respect to any Unit, outlot or Common Area unless a detailed drawing of the general plan therefor with specifications has been previously submitted to and approved in writing by the A.C.C. Section 6.07 . Storage and Trash. All equipment, garbage cans, service yards, wood piles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of Bridle Paths, neighboring Units and streets. All rubbish, trash or garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. All vegetation throughout the entire property, with the exception of trees, shrubs. Yuccas and other landscaping plants shall be limited to 12 inches in height. ARTICLE VII Development Rights and Other Special Declarant Rights Section 7 .01. Development Rights and Special Declarant 10 971.099 Rights. The Declarant reserves the following Development Rights and other Special Declarant Rights for the maximum time limit allowed by law: (a) the right to complete or make improvements indicated on the plats or maps; (b) the right to maintain sales offices, management offices and models in Units or on the Common Elements, but only (insert limitations in number, size, location and relocation) ; (c) the right to maintain signs on the Unit to advertise the Unit; r1 IA)/� F, Tr an,. � Iti' , rJ e' er)E{7 (d) the right to use, and to permit others to use, easements through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant' s obligations under the Act and this Declaration; and (e) the right to appoint or remove any officer of the Association or any Director during the Declarant Control Period consistent with the Act. Section 7 . 02 . Limitations on Development Rights and Special Declarant Rights . Unless sooner terminated by a recorded instrument signed by the Declarant, any Development right or Special Declarant Right may be exercised by the Declarant for the period of time specified in the Act. ARTICLE VIII Allocated Interests Section 8.01. Allocated Interests. The undivided interest in the Common Elements, the Common Expense liability and votes in the Association allocated to each Unit are set forth in Exhibit B. Section 8.02 . Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows: (a) the undivided interest in Common Elements, on the basis of 1/18 ; (b) the percentage of liability for Common Expenses, on the basis of 1/18 ; (c) the number of votes in the Association, on the basis of 1/18. One vote per Unit. 11 97,1093 ARTICLE IX Land Use Restrictions Section 9. 01. Use and Occupancy Restrictions. Subject to the Development Rights and Special Declarant Rights reserved by the Declarant, the following use restrictions apply to all Units and to the Common Elements: Section 9. 02 . County Regulations. Zoning ordinances, rules and regulations of the County of Weld, State of Colorado, are considered to be a part hereof, and to any extent that these covenants might establish minimum requirements which conflict with the minimum requirements established by said zoning ordinances, rules and regulations, the most restrictive shall apply Section 9 . 03. Residential Purposes Only. All Units in the Properties, except those specifically designated by Lind Land Company, shall be for residential purposes only and no building shall be erected or placed on any Lot other than one private single-family dwelling, together with a private garage and such outbuildings as are customarily appurtenant to such a dwelling. An "outbuilding" , as the word is used herein, is intended to mean an enclosed covered structure not directly attached to the dwelling which it serves. Section 9.04. No Business Activity-Nuisance. No trade or business activity shall be conducted, carried on or practiced on any Lot or in any residence or dwelling constructed thereon; , ,, however, until such time as all of its Units within the Properties have been sold, Lind Land Company may authorize the existence of - a real estate sales office therein. Drilling for water and pumping,,, and disposal thereof are not prohibited. No Owner of a Unit shall suffer or permit any residence or dwelling erected thereon to be used or employed for any purpose that will constitute a nuisance in law or that will detract from the residential value of said Unit or the other Units in the Properties. Section 9.05. Animals. An Owner may keep animals and livestock upon a Parcel for recreational purposes, 4-H projects and for use by the Owner' s immediate family, subject to the following restrictions and limitations: (a) Unless specifically waived in writing by the Architectural Control Committee, no boarding of animals will be allowed, no houses will be allowed and no more than three (3) animal units may be kept or maintained on land units 1, 16, 17, 18, and no more than three (3) animal units may be kept or maintained on any other land unit. One (1) horse, will equal one (1) animal unit, one (1) cow unit will equal (1) animal unit, and one (1) llama will equal one (1) animal unit. Two (2) sheep, two (2) goats, or one (1) sheep and one (1) goat will equal one (1) animal 12 92,1093 unit, and four (4) rabbits or four (4) chickens, four (4) of any other kind of poultry or birds will equal one (1) animal unit. Any off-spring of the foregoing will not be considered in determining the total number of animal units on a parcel until such off-spring attains one (1) year of age. (b) Each land unit shall at all times be maintained in a clean and sanitary condition. net AI72A � // / /41 J (c) No land unit shall be overgrazedan F and the cha₹abter of the Parcel shall not be changed by the grazing of animals and livestock. (d) All animals and livestock shall be cared for in a humane and husbandlike manner. (e) Corrals, barns and other outbuildings may be erected and maintained for the animals and livestock, provided that the structures are first approved in writing by the Architectural Control Committee. (f) All animals and livestock shall be confined, by a fence approved in writing by the Architectural Control Committee, to that portion of a land unit that is not in the open space easement. (g) Household pets such as dogs and cats shall be permitted on any land unit, provided that said pets shall remain under the control of their owner at all times by voice control or physical restraint and shall not be allowed to chase livestock or wildlife. Household pets may not be kept, bred or maintained on land unit for commercial purposes. No more than two (2) adult dogs and two (2) adult cats shall be kept on any one (1) land unit. Any offspring of dogs and cats over six (6) months of age shall be considered in determining the total number of dogs and cats maintained on a land unit. (h) No person owning, keeping or possessing a dog within the Planned Community shall permit his dog to bark and/or howl continuously for a period in excess of ten ( 10) minutes between the hours of 11: 00 P.M. , and 6: 00 A.M. , or for a period in excess of twenty (20) minutes between the hours of 6: 00 A.M. , and 11: 00 P.M. , if such barking or howling is audible at the boundary of the land unit upon which such person resides. Such person shall be entitled only two (2) written notices of violation issued by the Association before being required to remove the dog from the land unit or enclosing it in a structure from which such barking and/or howling cannot be heard. The issuance of a third written notice within a one year period made by or on behalf of the Association shall require the removal of the dog from the land unit or the placement of the dog in a completely enclosed structure from which such noise shall not be audible from adjacent land units. 13 ?91098 Section 9. 06. Foundations-Engineering. No plans shall be submitted nor shall any construction be commenced on any building until soil tests have been made by a soil engineer on the Lot on which the building is to be erected and proper footings and foundation to be used are designed by a licensed engineer. All downspouts from gutters must have an extension or a splash block at the bottom, carried out from the wall of the residence at least five (5) feet to provide positive drainage away from the building; said extensions or splash blocks are to be installed simultaneously with the downspouts. Section 9 .07 . Building Approval , Permits and Completion. Plans, specifications and Unit drawings showing location of all buildings must be approved in writing by the Architectural Control Committee and all applicable building code permits and approvals must be obtained before any construction is commenced. The construction of any buildings must be completed within eighteen (18) months of the date of Architectural Control Committee approval, and no dwellings shall be occupied unless and until a Certificate of Occupancy has been obtained from the building department. Section 9 .08. Square Footage, Height, Set Back Requirements. Any residence erected wholly or partially on any of the Lots shall contain a minimum living area in the main structure, exclusive of garages, basements, porches or terraces, as follows: single level - 1800 square feet; bi-level - 2 , 000 square feet; multi-level - 2, 200 square feet; and two story - 2 , 200 square feet. All residences, including outbuildings, shall have wooden shingle roofs, unless otherwise approved by the Architectural Control Committee. A garage shall be required, and shall be at least twenty (20) feet deep and twenty-five (25) feet wide, and contain a minimum of 500 square feet. Garage doors shall not open toward the street except with the consent of the Architectural Control Committee. No building shall be erected or maintained on any Lot nearer than forty (40) feet from the front property line of said Lot and no building shall be erected or maintained on any Lot nearer than twenty-five (25) feet from any side or rear property line, or nearer than forty (40) feet from any side street property line. If any dispute arises as to what constitutes a front, rear or side line, the decision of the Architectural Control Committee shall be final ; however, said decision must be consistent with any ruling of the County of Weld. Section 9 . 09. Tanks. No tanks which extend above the ground shall be erected, placed or permitted upon any Lot. Section 9 .10. Storage and Trash. All equipment, garbage cans, service yards, wood piles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from 14 911.093 view of Bridle Paths, neighboring Lots and streets. All rubbish, trash or garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. All weeds must be cut back to a maximum height of twelve (12) inches. Section 9 . 11. Temporary Structures. No structure of a temporary character nor any trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. Section 9. 12 . Signs. The construction or maintenance of billboards, "for rent" or "for sale" signs larger than six (6) square feet and posterboards or advertising structures of any kind on any Lot in the Properties is prohibited, except on outlots and on Lots belonging to First Capitol Corporation. Section 9 . 13. No Campers and Trailers. No campers, mobile homes, trailers or other similar recreational equipment, and no tractors, horse trailers, commercial equipment, or similar vehicles shall be kept or maintained on any Lot or on any street in the Properties unless specifically permitted in writing by the Architectural Control Committee. Section 9 . 14. No Drilling or Mining. No oil or gas drilling, oil or gas development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Unit, nor shall oil or gas wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Unit. No derrick or other structure designated for use in boring for oil or natural gas shall be erected, maintained or permitted on any building Lot. Section 9 . 15. Septic Tanks . Unless otherwise approved by the Architectural Control Committee, no septic tank or field system shall be nearer than forty (40) feet to any side Unit line of any Unit. Section 9 . 16. Trees and Garden Area. The general plan of landscaping for each Unit referred to in Article II , Section 2 . 02 hereof, shall include assurance satisfactory to the Architectural Control Committee that at least two (2) evergreen trees with a minimum height of eight (8) feet and at least two (2) deciduous trees with a minimum caliper of one inch shall be planted within nine (9) months after the residence is constructed. No tree or trees, whether now or hereafter grown upon any part of the subject property, shall be cut down without prior written approval of the Architectural Control Committee, provided however, that this restriction shall not apply unless such tree is more than two (2) inches in caliper as measured one foot above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees within the Properties. A family garden not to exceed 1, 000 square feet is permissible, but 15 921098 no additional ground shall be broken for farming purposes. Section 9. 17 . Domestic Water Wells. Individual domestic wells are prohibited. Section 9 . 18. Surface Water. All surface drainage, whether offsite or onsite, shall be permitted to freely pass through all Units as required in order to reach its natural destination. All natural drainage ways shall be maintained in their existing conditions and/or capacity. No primary or secondary structures, fences or other obstructions will be allowed within the 100 year flow limits as shown on file with Weld County. Any rechannelization or regrading of Lots shall be such that the historic with the adjacent property owners. Section 9. 19. Natural Park. Outlots shown on the plat of Windsong Ranch are not intended for use by the general public, but rather dedicated to and is to be maintained by the Association as a natural park and Common Area for the exclusive use and benefit of the members of the Association. Section 9 .20. Bridle Path Restrictions. Bridle paths as shown on the plats of the Properties are not intended for use by the Association for the exclusive use and benefit of the members of the Association. It is therefore the duty and the obligation of the Association to repair and maintain the Bridle Paths; and in the course thereof, the Association shall have the right and obligation to trim and cut branches from trees and bushes on adjacent Lots to the extent that they overhang or interfere in any way with the intended use of the Bridle Paths. The deed or dedications for the Bridle Paths are subject to utilize and drainage easements, and motorized vehicles shall be excluded therefrom except as may be reasonably necessary for construction, maintenance and repair of said utility and drainage easements or for general development work by Lind Land Company. No fencing or any other objects except utility or drainage use shall in any way obstruct the Bridle Paths or interfere with their intended use by equestrians. Section 9 .21. Antennas. No exterior radio, short wave, television, satellite dish, or other type of antenna shall be installed unless approved by the Architectural Control Committee. Satellite dish requests must be submitted with a landscaping plan displaying proper screening from adjacent units. Section 9. 22 . Amendment of Land Use Restrictions. The right to amend, alter, or modify any part of this Article except as to the provision of Section 9 . 17 , is hereby expressly granted to the Architectural Control Committee for a period ending December 31, 1995. Thereafter, such right can only be exercised by members of the Association as provided in Article XI, Section 11. 02 below. 16 921098 Section 9 .23 . Fences. Within one (1) year from the date an Owner acquires a parcel from the Declarant, such Owner shall cause to be professionally installed, a green-tinted three (3) rail, tenon-jointed pole fence along the entire front boundary of such Owner' s Parcel . If any Owner desires to install any fence within one hundred fifty (150) feet of the front boundary of any Parcel, such fence shall be of the type and nature described above and shall be approved in writing by the Architectural Control Committee. All fences installed by an Owner along the front boundary, or within 150 feet of the front boundary, shall be left in its natural condition and no Owner shall paint or otherwise alter the natural condition of the fence. No Owner of a Parcel shall fence any portion of his Parcel within the Open Areas. For the purposes of this provision, the "front" of each Parcel shall be that portion of the Parcel adjoining a county road or the Private Road. In the event the Owner of a Parcel fails to install the fence as described in this Section 9 . 23 within one (1) year from the date the Owner acquires the Parcel from the Declarant, the Association shall have the right, but not the obligation, to install such fence along the front of such Owner' s Parcel and impose a Reimbursement Assessment upon such Parcel for the payment thereof. For purposes of this provision, the Owner of such Parcel shall be deemed to have granted a licenses and easement to the Association to enter upon such Owner ' s Parcel for the purpose of installing such fence. Section 9.24 . Nuisance. Nothing shall be done or permitted on any land unit which is or may become a nuisance. No obnoxious or offensive activities shall be conducted on any land unit. Recreational use of all-terrain vehicles, motorcycles, snow mobiles and similar vehicles or equipment on a land unit shall be kept to a minimum. ARTICLE X Easements and Licenses Section 10. 1. Recording Data. All easements and licenses to which the Unit is presently subject are recited in Exhibit A. In addition, the Unit may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration. Section 10. 02 . Developer' s Reservations. An easement right- of-way is reserved over and across dedicated outlots and the Bridle Paths by and in favor of Lind Land Company for purposes of developmental work which shall include the right to erect temporary buildings and fences to store any and all materials which easement and right of way shall terminate and expire at such time as Lind Land Company relinquishes its interest in the Architectural Control Committee as provided in Article VI , Section 6 . 01 above. 17 9:31098 ARTICLE XI General Provisions section 11. 01. Enforcement. The conditions, covenants, restrictions and reservations contained in this Declaration shall run with the land, and be binding upon and inure to the benefit of the Owners of every part and parcel of the Properties, including outlots and the Common Areas. These conditions, covenants, restrictions and reservations may be enforced as provided hereinafter, and pursuant to all the rights and powers granted by the Act, by each Owner, as well as by the Architectural Control Committee or the Association with each of the latter two acting for themselves and as trustee on behalf of the Owners. Each Owner, by acquiring an interest in the property, shall be conclusively deemed to appoint irrevocably the Architectural Control Committee and the Association as the Owner' s trustees for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained (e.g. , if a structure is built without prior approval or if irrigation exceeds the limits set by this Declaration) shall give to the Association, the Architectural Control Committee and to the Owners, or any of them, the right of bringing proceedings in law or equity against the party violating any of the said covenants, conditions, restrictions, and reservations, to enjoin the party from so doing, to cause any such violation to be remedied, and to recover damages, including attorneys fees, resulting from such violation. In addition, violation of any such covenants, conditions, restrictions and reservations shall give to the Architectural Control Committee, acting as the trustees, the right to enter upon the premises and abate, remove, modify or replace at the expense of the Owner thereof any structure, thing or condition that may exist thereon contrary to the extent and meaning of the provisions hereof; provided, however, that nothing contained herein shall give the right to enter upon the premises of any Owner without due process of law. Every act, omission of act, or condition which violates the covenants, conditions, restrictions and reservations herein contained shall constitute a nuisance and every remedy available in law or equity for the abatement of public or private nuisances shall be available to the Owners, Architectural Control Committee and the Association. All such remedies shall be cumulative and not exclusive Any expenses, including attorney fees, incurred by the Architectural Control Committee or the Association by virtue of this Section, shall become an Assessment against such Owner, and the Association may proceed according to the provisions for collecting Assessments as set by this Declaration of Covenants. In any legal or equitable proceeding to enforce the provisions hereof or to enjoin their violation, the party or parties against 18 9,7,1099 whom judgment is entered shall pay the attorneys ' fees of the party or parties for whom judgment is entered in such amount as may be fixed by the court in such proceedings, and such attorney fees may be assessed as above provided. The failure of the Owners, Architectural Control Committee or the Association to enforce any of the conditions, covenants, restrictions or reservations herein contained shall in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions or reservations, and the Owners or the Architectural Control Committee shall not be liable therefor. Any enforcement action or abatement proceeding under this Section shall be deemed timely taken or filed if commenced with three years of first notice to the party enforcing these covenants unless a shorter time is established by law. Section 11. 02 . Duration and Amendment. The covenants and restrictions of this Declaration shall be in effect until , after which time said covenants shall be automatically extended for successive periods of ten (10) years. Subject to the provisions of Article X Section 10. 03 above, the covenants and restrictions of this Declaration may be amended prior to , by an instrument signed by not less than eighty percent (80%) of the Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Owners. Any such amendment shall be duly recorded. Section 11.03 . Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the party who appears as Owner on the records of the Association at the time of such mailing. Section 11. 04 . Severability. Invalidation of any provision of these covenants or restrictions by judgment or court order shall not affect any other provision which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned, Lind Land Company, Corporation, herein, has hereunto set its hand and seal this day of , 1992 . LIND LAND COMPANY By: President 19 921098 ATTEST: Secretary STATE OF COLORADO) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 1992 , by Martin Lind, as President, and as Secretary of Lind Land Company, a Colorado corporation. Witness my hand and official seal . My commission expires: Notary Public 20 97,1099 ATT.C IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this day of , by and between the County of Weld. State of Colorado. *sting through Ito board of County Coaaiasioner•, hereinafter called 'County', end Lind Land Ceriune hereinafter celled *Applicant*. VITWESSE'M: WHEREAS, Applicant is the owner of er hes • controlling interest In the following described property in the County of Weld. Colorado: SEE EXHIBIT C WHEREAS, • final subdivision plat of said property, to be known as Vint. Snnc Du-1:h has been submitted to the County for approval and WHEREAS. Section 11.1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the Councy until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which ieprovesents, along with a time schedule for completion, are listed in Exhibits 'A' and '1' of this Agreement_ NOW, THEREFORE. IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 fnelneerint Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit 'A' which is attached hereto and made a part hereof by this reference. be Professional 1.1 Engineer ired and engineering •Surveyor registered) in t performed a The the State of Colorado, and shall conform to the standards and criteria established by the County for -public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.1 Applicant shall furnish drawings and cost estimates for roads within the subdivision co the County for approval prior to the letting of any construction contract. Reform acceptance of the roads within the subdivision by the County. Applicant shall furnish one set of reproducible 'as-built' drawings and a final statement of construction cost to the County. 2.0 RSehts of-VRY and Fasenents: Before commencing ingsh the elaconsre dconstruction)of own improvements herein agreed upon, Applicant expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed co the County end the documents of conveyance shall be furnished to the County for recording. 3.0 r^^struction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit 'A' which is attached hereto and • schedule part heeof by this referee, ac outrin Exhibit 'S' also attached cording ier to construction end mad* a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the Count for such s public v er • suivision Is ed within three of an incorporated community pr po located in ech' L i ei C/ 3 J C Weld County or located in any adjacent county, the Applicant shall be required to install fepray.aente in accordance with the requirements and standards that would exist If the plat were developed within the corporals limits of that community. If the incorporated community hos not adopted such requirements and standards at the time the subdivision Is proposed, the requirements end standards •f the Casty shall be allured to. If both the Incorporated community and the County have requirements end standards, those requirements ad standards that are more restrictive shall apply. 31 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of tost results to the County. ' 3.3 At all times during said construction, the County shall have the right to test and Inspect or to require testing and inspection of astute' and work at Applicant's expense, Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. ).4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. ).5 Said subdivision Improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing In Exhibit '5'. The Board of County Commissioners, st its option. may grant •n extension of the time of completion shown on Exhibit 'g' upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as • rmoult of all suits, sctione or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with ell reasonable expenses and attorney fsss incurred by County in defending such suit. action or claim whether the liability, loss or damage is caused by. or •rises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall s•intain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 gaff-Site Improvements Reimbursement Procedure: The subdivider, applicant. or owner say be reimbursed for off-site road improvements as provided in this section when it has been determined by the bard of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the use• of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off•slte improvements. • 5.2 The off-site improvements agreement shall contain the following: - The legal description of the property to be served. - The name of the owner(*) of the property to be served. - A description of the off-rite improvements to be completed by the subdivider, applicant, or owner. • The total cost of the off-site improvements. • The total vehicular trips to be gene##### at build'wt by the subdivision, •r rosu►dlvielen, es specified by the 1Tt Trip Generation Manual, or by special study approved by the Maid of County Commissioners. • A time periN for completion of the off•elte Improvements. The terms of reimbursement. • The current address of the person to be roimb during the term of the agreement. • Any off-site improvemente agreement shall be wide In conformance with the Veld County policy on collateral for improvements. 5.) If the subdivider, applicant. or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the bard of County Commissioners that vehicular traffic from • subdivision or resubdivision will use a read improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, spplicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of leprovements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final wbdivlslun or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of • subdivision or resubdtvision using the road improvements constructed under a prior improvement agreement will be based upon a pro rats share of the total trip impacts associated with the number and type of dwelling units and square footage and typo of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes In the Col Construction Cost Index used by the Colorado Division of Highways ' The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road Improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the bard of County Commissioners based upon the need for further off-site rood improvements. 5 6 The report entitled 'RIP GENERATION 'Third Fdition 19821 of the institute of Transportation Engineers shall normally be used for calculating • reasonable pro rata share of the road improvement construction costs for all subdivisions or reaubdivisions. A special transportation study shall be used for lad uses not listed in the lit Trip Generation Manual. Any question about the number of trips • subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-cite improvements agreement, entered Into between the subdivider and the county, is ten years fro. the data of execution of.a contract for road improvements. 5.1 This provision is not Intended to create mny cause of action against Veld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and In no way is Veld County to be considered • guarantor of the monies to M reimbursed by the subsequent subdividers, applicants, or wars. 6.0 cantina assuivants In Coll 1• 6.1 The value of all collateral submitted to Veld Cunt/ wt bra equivalent to 1001 of the value of the iprwese ts se is *Ingenue. A show it t is Agrnnt. Prier to final ►let approval, oho *politest al s which of the five typos et sell 1 he prefers to ►o utilised to secure the iprwornte subject to final approval by do lend at County Commissioners and the ion of this Agreement. &stiptdte cell 1 shell be submitted and the plat reserdod within sit (f) months et the ►teal plat approval. If acaptsble sell 1 has at been submitted within ale (I) months then the final flat approval and all pratiatnsq approvals shell awtasatually empire. AA ppliaamt say request that the County intend the final flat approval prov/M/ gbe teat estimates are updated end the development plans aro revised to comply with all current Canty standards, militias aid regulationa. The improvements shall be eoepletsd within one (1) year otter the final Plat approval (net one year after acceptable vitiators' is submitted) unless the applicants) requests that this Agrasent M renewed at least thirty (30) days prior to its opiratiam and further provides that eat sstiestea for the resaining iprevernta are updated and roll 1 is provided in the amount of 1001 of the vela if the Iprovements tsmsining to M coupletsa. If iprovarnts are not cosplstmd and the agreement not renewed within these time frame. the County, at its discretion. say sake dasand on all or a parties it the collateral and ids sup to see that the improvements us mode. 6 2 The applicant say oboes* to provide for a phased development by roue et designating filings et a Planned Unit Development Plan or final Plot Subdivision. The applicant would need only to provide collateral for the iprevarnts in each tiling as approved. The County will place icttsna en these portions of the property that ore met d by all 1 which will prohibit this conveyance at time property or the immense of building permits until moll 1 is provided or until improvements In pl a et s d approved ll 1,w swot me • the uquirsmesta ter a *aquavit ter 6.) The applicant intends to develop in accordance with Exhibits 'A' and .g.. 7.0 jaecovenants Cuaratlhss: The five types if collateral listed below ere acceptable to Vold County subject to final approval by the bard of County Coat isionors. 7,1 An irrevocable Letter of Credit from • federal or State licensed financial institution on a fors approved by Weld County. The letter of credit shell state at least the following: The Latter of Credit shall be In an mount equivalent of 1001 of the totsl value of the improvements es set forth in fettles 6.0 and exhibits 'A' and '16. • The Latter of Credit shall provide for payment upon deaand to Veld County if the developer has not parforsd the obligations specified in the 1provaments Agreesent and the issuer has been notified of such default. The applicant say draw Eros the Latter of Credit in accordance with the provisions of this policy. 9 - The issuer of the Latter of Credit shall guarantee that at ell tires the unrelated portion of the letter of Credit shall be equal to a minimum of 1001 of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreesent (1.0. , streets, severs, water mains and landscaping, etc.). The issuer of the letter of Credit will sign the Improvesents Agreement acknowledging the agreemant and its coat estimates. • The Latter of Credit shall specify that 1ST of the total latter of Credit amount cannot be drawn upon and will remain available to Veld County until released by Veld County. . The Utter •f Credit shell specify the 'Al date of proposed eepiratien of the latter of Credit shall be either the date of release by Veld County of the final 151, or one year fres the date of Final Plat approval, whichever occurs first. Said 1 shell stipulate that. In any event. the latter of Credit shall remain in full farce and effect until otter the board has received sixty (60) days written notice res the issr of Said notlu shall e latter of Credit of the pending ea► e sent by certified moll to the Clerk to the hoard of Coaty Commissioners. 7.2 T •r1LC, bead upon all or some of the proposed development or other property exceptable to the board of County Commissioners provided that the following aro submittal: • In the event property within the proposed development is used as col leteral, an appraisal is required of the property in the proposed development by a disinterested N.A.I. member of the Amer icon Institute of teal Estate Appraisers indicating that the value of the property encumbered In its current degree of development is sufficient to cover 1001 of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. • In the event property ether than the property to be developed has been accepted es collateral by Weld County, then en appraisal is required of the property by a N.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current scat* of development la sufficient to cover 1001 of the cost of the improvements as set forth I me Improvents Agreement plus all costs of sale of the property. A title insurance policy Insuring that the Trust Deed creates • valid encumbrance which is senior te all ether liens and encumbrances. • A building permit hold shall bo placed on the encumbered property. 7.J Lotter Agreameol that provides at least the following: • The cash in escrow is at least equal to 1001 of the amount specified in the Improvements Agreement. The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement end for no other purpose and will not release any portion of such funds without prior approval of the bard. • The escrow agent will be • Federal or State licensed bank or financial institution. • If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County. shall release any remaining escrowed funds to the County. 7,4 A grety bomj given by a corporate surety authorized to do business in the Scots of Colorado in an amount equivalent to 1001 of the value of the improvements as specified in the Improvements Agreement. 7.5 A lash dtoosit made with the County equivalent to 1001 of the value of the improvements. R'.0 grouter for Release of Collateral" Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance rich approved plans and specifications documenting the following: 8'..l The Engineer or his representative has made regular on-sits inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8. 2 Test results must be submitted for all phases of this project as par Colorado Department of Nighwey Schedule for minimum materials sampling, testing and inspections found in CD011 Materials Manual. l .A.--.,nit' plans shah; be n.ca:: :.4 at the Glee the letter t 4,sa .rg re ,a of collateral is subettted The tags' shall certify that the project 'as built' is in roved substantial that any materialth dev chop lane end specifications as ape leer. received prior approval free the County builder. 8'.A The Statements •f Substantial Cosrpilance must be accompanied, if appropriate, by • letter of acceptance of maintenance end raspenatbiltty by the appropriate utility ceepeny, special district Sr town for any utilities. 8. S A letter must be eubeittad from the appropriate fire Authority indicating the fire hydrants are in place in accordance with de approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flew 8. d The requirements in 1.0 thru 1.5 shall be rtad is the final construction plans. 8..7 following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the for partial maintenance by the County, the applicant(e) may request release of the collateral for the project or portion of the project by the Beard. This action will be taken at a regularly scheduled public retie; of the board. 8. I The request for release of collateral shall be accompanied by 'warranty Collateral' in the emeunt of 101 o1 the value of the lsprovesont• as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity. special district or utility company. 8.., he warranty collateral shall to released to the applicant upon final acceptance by the board of County Commissioners for full maintenance under Section 5.1 herein. 9..0 public Sites and Doan Soarya: When the board of County Commissioners, pursuant to a rezoning. subdivision or planned unit davelopsent, requires the dedication. development and/or reservation of arias or sites other than subdivision streets and utility easements of • character. extent and location suitable for public use for parks. greenbelts or schools, said actions shall be secured in accordancewith of the following if alternatives, or as specified in the PUD plan, tiny: y be d 9. 1 acreage of the Veld County Subdivision n Regulations according to The required shell be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or • school district, end shall be maintained by the County or school district. :9.2 The required acreage es daterstned according to Section 1.15.1 of the Veld County Subdivision Regulations say be reserved through deed restrictions as open area, the maintenance of which shell be • specific obligation in the deed of each lot within the subdlvislon. 9. 3 In lieu of land, the County may require a payment to the County la an amount equal to the market veld at that time of final plat submission of the required acreage as determined according to Section 1.15•S. Such value shall be determined by competent collected la c appraiser l choseal n jointly by the board and the App deposited in an escrow account to be expended for parks at • toter date. 10,0 sa r■ d Assiena: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, dull be deemed a covenant running with the land heroin described, and shall be binding upon the successors in ownership of maid land. n9,2 IN WITNESS WHEREOF. the parties hereto have cawed this Abreement to M •secured en the day and year first above written. MAD Or Carl C0INISEI0NELS VW cowry, maw° ATTEST: Veld County Clerk to A. board DT: Deputy Clerk to the board Af(YDVED AS TO F0tM: County Attorney APPLICANT: Lind Land Company IT: (title) 1f EubaeriMd and sworn to bolos r tills � 4y •f My commission expires. Notary Public `l a in94 • t'JIIIIBIT 'Ae Naga of Subdtvtatnn: kUA Sono Rdpch Piling! First — hoeationfart of the NI/1. Srctlon A. TSIL 2A2N Laid Nona, Intending to be legally bound. the under,Lgned Applicant hereby agrees to provide throughout this subdivision and u shove en the aubdivislon ttnal plat dated , 19_, recorded on , IS__ In Book Page Nu. Reception No. the [allotting improvements. (Leave spaces blank whet. they do not apply.) Estimated jmprOYamanrg Malt lit fenstr„rrion rd.ir Street gradint LS $15,000 Street bane ,L,eel vevina �nl"I• Wll l�`IHb 12311 S7tMn -. .— furbe suttria and veal __ ytnrn sever 1scilltira $rtentlnn sonde L.S. 15,0OO pitch improvement, $ubsurCaus dial,uige anharY sswert Trunk end forced lines Ma1na Larersls (bnuse onna nd) gn-sits aawagp faruitiee pn-sire water aupnly and 'terms lister_Reins 1.5. $ 26,000 tire hrdranta Included shove ,3urveY h a[reet monument• b bona - • ......Dire.t lighting Ilr..t name signs C.A. S 150 fencing remulteu.ule land■capinc Ent ante L.}y'. 1 1U.UUU yark Smprovomontg Oul1ul B I„S, 930400 Railroad fro,cfag lOt L.S. I8be io Engineering and Supervision Costs 62 10149 (testing, inspection, se-built plans and work in addition to preliminary and final plat; supervision or actual construction by contractors) TOTAL ESTIMATED COST Of IMPROVISES?, AND SUPERVISION $ 179,299 --_, The shove Smprovomcnts aholl be constructed in auuucdance with all County requirements end apecificationa, and ocntormsnce with U,la pruvl.lun shall be determined solely by Weld County, or Lea duly authorised agent. Said improvements shall be completed according to the construction schedule sat out in Inhibit "1e, Signature of Applicant Lind Land Company (It cutporation, to he signed by President and attested um by Secretary, together with corporate seal.) Data: , 19__ 9 =SIT 'S' Page of subdivision: M1ndSonq lynch PUP Filing, ;fret _ leeatton: Part of the AL o, Section 8, TSN, RS7W, Weld County Intending ra he legally bound, the undersigned Applicant hereby *tree* to rnnetruct the improvements shown on the final subdivision plat nt MindSong Ranch PUD Subdivision, dated , 19_, Retarded on _,. ,_. , 19 iu gook , Pegs Po. , Reception Na. ., _ , the following schedule. All improvement■ shall he en.pleted within hive years from the data of approval of the final plat, Construction of the improvements listed in Exhibit 'A" shall he completed as follows: (Leave spaces blank where they do net apply.) Isprvvemente lime fnr completion Itreet.gading Et& tool Street bong nab 19w3 Strait_paving ._ 'lint luw3 g idewelll —` - 'UPS 1993 Storm sever feri]itles ;intentinn oonds lung 1043 pitch imorovemeuts ;nh 1643 Suksut fece_drlingg. Sanitary severe "— Trunit,nd forced linen Mains —. _. . . lateral• (house connected) fln•aite Stites. fecilltlst DD•altr water nudely and %Lutist Water mains -Feb. 199J Fire hydrants Feb. 199J Survey & street wouunen.e i twxet June 1993 Strste lishtlne 'treat nabs +isne 1J ne �Q Fencing reuultw.wnta uv�Q 1a1,deceuing Set (k.t. 1193 Tetk lmnsvaoeute 50r of lot sales �^ (!ri lc Path S0S of lot salts - g§_.. -_._--,Sous She County, at its option, and upon the request by the Applicant, may grant en . .. inn of time for completion for any particular impruve.eute shown shows, upon a showing by the Applicant that the above schedule cannot be met. Signature of Applicant (It corporation. to be signed by President and attested to by Secretary, together with corporate seal.) Oats: ._.__.. , 19 10 q,9Ic?e, - _. ._ . gX1111bIT C. DESCRIPTION PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHT (8), TOWNSHIP FTVE (5) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER (NE COR) or SAID SECTION EIGHT (6) AND CONSIDERING THE EAST UNE OF SAID SECTION EIGHT (5) AS BEARING NORTH 00'00'00' WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'25'26' WEST (SOUTH 89'24'21' WEST MEAL), .30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'00'00" EAST, 1.401.55'; THENCE SOUTH 89'55'34" WEST, 1,838.07 FEET; THENCE SOUTH 88'39'15' WEST, 286.24 FEET (263.16 FEET MEAL) TO A POINT ON THE EAST RIGHT OF WAY UNE OF THE GREAT WESTERN RAILROAD; THENCE ALCNG SAID RIGHT OF WAY UNE THE FOLLOWING FOUR COURSES; NORTH 3851'34' EAST, 848.30 FEET (NORTH 35'51'12 EAST, 534.11 FEE" MEAL); THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 1,392.7 AND WHOSE LONG CHORD BEARS NORTH 58'10'24" EAST, 966.92 FEET (NORTH 51F0Y'47' EAST, 966.73 FEET MEAS.); ( THENCE NORTH 76'29'24' EAST (NORTH 76'28'12" EAST MEAS.), , 307.00 FEET; THENCE ALONG A CURYE TO THE LEFT WHOSE RADIUS IS 1,950.1 FEET AND WHOSE LONG CHORD BEARS NORTH 71'41'16' EAST, 331.82 FEET (NORTH 71'10'53" EAST. 359.40 FEET MEAS.) TO THE NORTH UNE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID UNE NORTH 89'24'36" EAST, 190.4 FEET (NORTH 89'24'21' EAST. 172.96 FEET MEAS,) TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 47.04 ACRES, MORE OR LESS AND IS SUBJECT TO ANY RIGHT OF WAY OR EASEMENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OP LAND. ‘j , ( 073 REFERRAL LIST NAME: Lind Land Company CASE NUMBER: S-326 REFERRALS SENT: August 21, 1992 REFERRALS TO BE RECEIVED BY: September 4, 1992 COUNTY TOWNS and CITIES Attorney _Ault Iliv X Health Department _Brighton Extension Service Broomfield _ Emergency Management Office _Dacono �� X Sheriff' s Office _Eaton No X Engineering Erie Housing Authority _ _ Evans _Airport Authority _Firestone Building Inspection Fort Lupton - Frederick STATE _- Garden City Division of Water Resources Gilcrest ` X Geological Survey ` X Greeley _Department of Health Grover _Highway Department _Hudson Historical Society _ _ Johnstown Water Conservation Board _ _ Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 _Longmont Berthoud F-2 Mead _ Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn Fort Lupton F-5 Nunn _ Galeton F-6 _Platteville Hudson F-7 - Severance _ _Johnstown F-8 Thornton La Salle F-9 X Windsor Mountain View F-10 _ Milliken F-11 COUNTIES _ Nunn F-12 _Adams _Pawnee F-22 _Boulder Platteville F-13 X Larimer _ _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 X US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service -R--Windsor/Severance F-17 ____Federal Aviation Administration _Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton \ _Central Colo. Water Conservancy Dist. Fort Collins X Panhandle Eastern Pipe Line Co. X Greeley \ Tri-Area Planning Commission _Longmont `r X Windsor School District ____West Adams X Great Western R.R. X Little Thompson Water District COMMISSION/BOARD MEMBER X Western Area Power Assoc. X Jean Hoffman pc: Tuttle Applegate 921099 82 or 9 ayomobood99. i. �:Fr-P• I 19 �: P I! Fer 41 NEAR 45 5 COS . ° i s. . . xx ,-..Ri tIIE! :3L R.„a. .ita76: .. . s�ll Q MIPMMIFINI 1 °l - •,� ss .a . tl x7 i _e - 0 Mh 1 ..1. . k.ii z...: 1 li .:• • 4 a• • nr l,, 72. .. -IA c- �. :a .. ISI : _.�V ,� •h1ik1JA5L _, A „.. !his� -- - - - : :. - - - -\-- - s IiiihwarIrl• \'• •,IA Mw,l 68 T 6�N. ! ®z.o • :t.. •� _ �i� ' s }*L. i� LuceaNE ° L � liMileT��a I • 1 1wrrsunr TO cru.s.r> ..r-• �' �"�.ps zs zl 'IHee ^ zs " Sce�ix° • Sae• •• •66. . . . r I\..z ; - (� I, j iu.,. in , • , �. Al I ,L1% ® •� ell /fernh;11111Tri;Irtilir � [ ' • Imo'+ Vy. . . . It'Sc - - - - • frp\; %-rte. xt Y .. ��.1•05e�, 1 r 62• .a, !ee �`� al la•Ez � iL '+1 t°Frus.V I - ' xn58 •zovur.uIII_ i !I1ImFT `\`��j�`�},E7�d', 59C• r:. ; I S et' {t 4114141 "•"41 Si 2200 Ira. i ...mot` mt4fr- UJIUL T.5N eig littiti;LS o 54. . . . Jt_rIrntt2 ° lik-Nik.: \ . 44c 1.4 I. Fizct !Correction � � • n.ro I ° fIrsJ!KflFPí; ' ••4 nog 7 \ Rv l }2, • C S! Mara'gr`l. M'Lllt[N I a % J ,f p•,(; 1, . 'II `_ . . .:°:I— - - - - - - - ��8 ! •N;` iY"-•_--%4l. n •I< • ;»[. try. - O�� l .1 ! I�i• i' EST(L S • ,. I • '•• zt ! YrwM :. •" I. M"•' � ! - i __ __i•:: :: ::7::, � • I` ® re ] .• _ -f' .' ../ • . .,°. _._-_ - • z+ .,..Ic••. xat °I • z< ,I; a 192 � •,• E° zf w • u ! 'n• 1 F ,, O;LoiuT•!•• I '• °PI G°n� ( ' I e ,i rf% S' }1 `� '• E°t Off oi_ r' .. :.e .:- - - - =�- "J / 32 9 o eras 1 — » oo (P 33� oo ra Q N \ X60 i j 4 499x V M aso � � �ess 49P0 1 I I 411E o° 5, j 4900 ll\ y_ m 3 ,, , .. „. 4vsaN \ �� Y 6 11 Oklahoma Kesrrooir 7 Il or _ pk 484 •9ao___,59_qc— : [VCR -4 — r • •p 11 Oklahwna )�ti T' � \ H Schl 4 il- ( moo il:, ..„, , i. E. too „., 3 07 air tea . \f- ,:„..... • c9Ill ue. Roof i li ; \ V I vya J \ l/ I \ o ' x959 •• • 49ti4 , on •1 X5000 5011111)4• • 7- 4 _ 5000 N r. —,,,, -1:e s----L � hS • 5050. I 17 3 < , K 49,0 • 18 316 16 ,, o o QO Officer '4N, p0 I \\ Kt rpm t, HM 16i rr r m . _ 4859 __— . .. P • V`pV� i 493 \ �,,, 3 o ../.— J' A 1098 Ig a 4,I c z a V ra. icr `F 4 1 t ., it �' qs t ••/ pn Y^ „7,,,,,,,,,,71.4774„,K r g'n N M19k � .. ... t x 't hr,'. X + ; x y 53'. .... I1 Ip11' ` .v X Y i a • J„ , i; �_; # 050 i � ' �� -\ • .. x D '11 1 N. : ,.."t ^3 4 N. r ;:i x x. t FA \ l y Sr r Z. 404 rk .a114'` s ' ' a4. ' '+Gar» .. , yh '. N.li Sir , . a , ,, it „,, ... .. .. . 41/4, .. , t , i. ,t.›,.., , ,. . . f[�Ja x- '} Sr t}. fA• ° :mow 415 . ';' 4", ‘4r V t • 1 J,,. j •r L LtISTyc:'' � ': ° 921098 DEPARTMENT OF PLANNING SERVICES PHONE(303)35&4000,EXT.4400 vc"'1 915 10th STREET \ - L GREELEY,COLORADO 80831 e0, COLORADO b F,� . `_ .- i 9, August 21, 1992 ice . ' CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. Jam- We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. j- lle'assee refer fe/ to the enclosed letter. (\-�[i 5� Signed: //r' �"6 / / 4 .. Agency: iL J pp2I \°�,�„\ Date: 7077 1 - r sEP 1 4 1992 !�"etld Count;Planning 921098 JFeO 0,10 COnelk m �i OI ROY R. ROMER * A��Y/2 'f JOHN W. ROLD GOVERNOR * DIRECTOR 87 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE(303)866-2611 September 8 , 1992 WE-93-0001 Mr. Brian Grubb, County Planner Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Proposed Windsong Ranch P.U.D. , Nr. Windsor (S-326) Dear Mr. Grubb: At your request and in accordance with S.B. 35 (1972) , we have reviewed the materials submitted for the proposed residential subdivision referenced above. We have not made a field inspection of the site yet, as we customarily do, because of the extraordinarily large number of such review requests which we have received lately. If, after field inspection, we have additional comments to make about the proposal, we will correspond with you again about it. This response was requested in a 'phone call this morning from Mr. Gary Tuttle of Tuttle Applegate, Inc. , Denver, who represents the proponent, Lind Land Company. The following comments summarize our findings. (1) From our experience in nearby subdivisions with comparable lot densities, the most serious geologic constraint to construction on these lots will be adverse soil conditions and the proper control of on-lot drainage, both from the lots themselves and runoff from subdivision roads. Because of this, we strongly recommend that each building site have an individual soil and foundation investigation and that a qualified soils and foundation engineer design and supervise the construction of all building foundations. (2) The use of the individual on-lot septic sewage-disposal systems appears to be feasible from the percolation-test data presented. However, it is possible that percolation rates may vary considerably on some individual lots from those indicated. This variation probably is caused by variation in bedrock lithology and thickness of its derived residuum. Because of this, we recommend that each lot be tested to determine the most suitable location for and design of its septic system. For the smaller lots (ca. 1 acre) , it may be advisable to consider a "collector" or common septic system for several lots with the leach field placed r 5t()) " • 3E 141992 GEOLOGY [�� P _. STORY OF THE PAST... KEY TO THE FUTURE Weld C0uetvPlannhl9 lots Mr. Brian Grubb September 8, 1992 Page 2 Generally, we have no serious objection to approval of this proposal at this time. However, the suggested conditions of approval indicated above should be followed and made a condition of approval of the P.U.D. Sincerely, p James M. Soule Engineering Geologist cc: Mr. Gary Tuttle (via "FAX") 921093 ( FIELD CHECK a FILING NUMBER: S-326 DATE OF INSPECTION: 0 - 2 K- ft APPLICANT'S NAME: Lind Land Company/Windsong Ranch CURRENT PLANNER: Brian A. Grubb REQUEST: P.U.D. Final Plan LEGAL DESCRIPTION: Part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; west of Weld County Road 17 , and south of Weld County Road 60. LAND USE: N S /pipdi it'' /171 40 ,41 11 itAtil ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) , COMMENTS: `'2 ..t`�.,e e -t> 5" c e+e y . 't4 ,t.'(e x.,.:, a,-e. w ia C ! ".,me ' g --./`x.t ilY i ! A e-OZ, . ..&.,,.c 7 Li 1'1- 1.-c-, 72n-, I e",---21- � wet ' y a, / .-a A ''''c- , c,.,,�ze. , .. �t,,1� J .„te;47y ° . `' l--`'� '"%A"1,4✓ `'(.. ..!✓G(A i .L GL•- a- ,1 C A_Q ? //tiart/C r.-(# /fi C4_e.�' Pr but-r... _C.4- t.A'J f , %L:.d4 . 17. , /I , _ �� ` ACC ES Td CVCLh e 49D �D 4N P e ,'d 5 :.; 7//a Af24'. T/7,9C//.$' 511av l3E fa -op et::: c Ej:? E_QU/Aalb ,t/7 /9cces / she pULD clic-ego- 4. /gz50 , il78- Jv /c) EGA v/I ti 7/1/ 5 ,1A'e« fj PPtA e s ra e E fl r 7f/e O // JE7CG Ed/6 C OF //lei_/9 end A9� / 1) '2j 60 , Thic le/'' ( /°o / el 0 4/ 2 60. 79E-QuAre ?�eflribi 46 e- 15 e O,f/c- e /✓, y> ff/ N Po 11167/C .4 / /V & s lie O4/ G .,VDU +",i cs/--'.4.1 ≥.',.=0 1/1/(/ atel/c-JV O f 690pE/2T y 7) 1/4 ` Dom_ rc•`r 54 cc of 4015 f! p✓,/ rzc 4,77 T G./4/6 . 9210 w$T O a DEPARTMENT OF THE ARMY F CORPS OF ENGINEERS,OMAHA DISTRICT ?S =` TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 of m LITTLETON,COLORADO 80123-6901 xvro \\" N 4`m ARE=o"'°` September 8, 1992 Mr. Brian A. Grubb Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Grubb: Reference is made to Case Number X-326, Lind Land Company PUD Windsong Ranch, located in Section 8, Township 5 North, Range 67 West, Weld County, Colorado. Prior to any work at this site the property should be evaluated for Waters of the United States which includes wetlands. Any wetlands should be properly delineated and mapped. This office should be contacted prior to any work in wetlands or other Waters of the United States for proper Department of the Army permits pursuant to Section 404 of the Clean Water Act. Please see the attached list of Environmental Consultants that may assist wetland delineations and mapping. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference ID #199280427. Sincerely, Tim . C Project Manager Enclosure LI SEP 0 y 1992 C..3 — Weld Count+Planning 921093 �ti 6 `D PARTMENT OF PLANNING SERVICES \ PHONE(303)358-a000,EXT.4a00 J1UC ^L ^� O 91510th STREET r11^� 1! pr 1119 C ¼>. GREELEY,COLORADO 80631 COLORADO -'LLOL63Lg August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately" 2 miles; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992 , so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2 . We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . >< Please refer to the enclosed letter. Agency: Date: \ C} �e . 921099 ENVIRONMENTAL CONSUL 'VT$ - This list is not compiled to endors- any specific consultant DAVID L. BUCKNER STEPHEN G. LONG PATRICK H. MURPHY STEVE VIERT ESCO Associates Cedar Creek Associates, Inc. P.O. Box 18775 916 Willshire Avenue Boulder, CO 80308 Fort Collins, CO 80525 (303) 447-2999 1303) 493-4394 Home: 493-1893 JANE BUN/N, PhD JANICE MCKEE Natural Science Associates Wetland Ecology & Associates 3010 Regis Avenue 5745 Arrowhead Boulder, CO 80303 Greeley, CO 80634 (303) 499-5014 (303) 339-9351 DAVID COOPER DAVID MEHAN Department of Environmental Sciences Wright Water Engineers Colorado School of Mines 2490 W. 26th Avenue Golden, CO 80401 Suite 100A (303) 499-6441 Denver, CO 80211 (303) 480-1700 JEFFEREY L. DAWSON Project Scientist ER/K OLGEIRSON, PhD Woodward-Clyde Consultants 305 Emerson Street Stanford Place 3, Suite 1000 Denver, CO 80218 4852 S. Ulster Street Parkway (303) 733-8121 Denver, CO 80237 (303) 694-2770 LAURANNE RINK Telex 501285 (Woodward DVR) Aquatic & Wetland Consultants Aquatic & Wetland Construction Company STEVEN DOUGHERTY Siena Square ERO Resources Corporation ' 2060 Broadway, Suite 255 1740 High Street Boulder, CO 80302 Denver, CO 80218 (303) 442-5770 (303) 320-4400 FAX (303) 442-8133 FAX (303) 320-4491 MIKE SAVAGE SCOTT ELLIS, PHIL HACKNEY& 464 West Sumac Ct. TED BOSS Louisville, CO 80027 ENSR (303) 666-7372 1716 Health Parkway Fort Collins, CO 80524 RANDY SCHROEDER (303) 493-8878 Greystone Development Consultants 5990 Greenwood Plaza Boulevard LOREN HETTINGER, PhD Suite 104 Dames & Moore Englewood, CO 80111 1125 Seventeenth St., Suite 1200 (303) 850-0930 Denver, CO 80202-2027 (303) 294-9100 PETER SMITH Stoneman Landers, Inc. DAVID JOHNSON 11480 Cherokee Street, #L Western Resource Development Denver, CO 80030 711 Walnut Street (303) 280-0048 Boulder, CO 80302 (303) 449-9009 BRUCE D. SNYDER Engineering-Science, Inc. DEBORAH KEAMMERER 1700 Broadway, Suite 900 Stoecker-Keammerer & Associates Denver, CO 80290 Ecological Consultants (303) 831-8100 5858 Woodbourne Hollow Road Boulder, CO 80301 (303) 530-1783 921098 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 ID 91510th STREET GREELEY,COLORADO 80631 C. COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17 , and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. )( We do not h a a Comprehensive Plan, but we feel this request 'is is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ` ar ) �, c Agency: t tkt c , tl r'J Date: !_ . SEp 0 y 19Ve tortiviAtit DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17 , and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. — We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. t i Signed: Y _ t ti,z2 _ �z_L- Agency: C_� <c-r "/ i c- �� V��"1 Date: `27/47 f2— S---'-� u—__ \SçSEP1UJ 1992 Weld County Planning 921098 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 I 915 10th STREET GREELEY,COLORADO 80631 VI C. � SE �I , r COLORADO P - iy91 Weld County Planning August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles ; west of Weld County Road 17 , and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. X We have reviewed the re5luest and find no conflicts with our interests. 'Is 7o.- A--7 CreSS,nc S`is-,a- / / 7/ /6 -�p//O ed ncaJ •ey iT' i 4. A formal recommendation Ls under consideration and will be .tea submitted to you prior to: ^ (ud 5. /9 P1 ase er to the enclosed letter. / / / Signed: Agency: & Yr 11.6Secid Date: 921098 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 hiDe 91510th STREET GREELEY,COLORADO 80631 AUG 2 1 1992 COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles ; west of Weld County Road 17 , and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. - We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please r er to the enclosed letter. /7 � /J SignedC .-� \p I ELt4 Agency: kii �LK , Date: 7 (2-- AUG 2 5 1992 Weld County Planning 921099 411 it it' mEmORAnDUm Wi`p 0 Brian A. Grubb To Weld County Planning Dete p,tt st 25, 1992 COLORADO , Env 7/J�,..,,Lfc. From John S. Pickle, M.S.E.H. , Directorironmental Health Subject: Case Number: S-326 Name: Lind Land Company Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Fugitive dust shall be controlled on this site. 2. A Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. It is the policy of this Division not to recommend for approval of any lot size less than one (1) acre which will utilize an Individual Sewage Disposal System. 4. The Division requires that this facility utilize existing public water supply. 5. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/lam-1748 ir0-SAWN _ AuG_2 5 19921 Weld County Planning 921099 44.btarits 9 it, -"tie evAseco fe,...1.4,______ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4060,EXT.4400 �`\ 915 10th STREET ` GREELEY,COLORADO 80631 ti O � or" __, COLORADO 6� c�. August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles ; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. _Jylease refer f to the enclosed letter. Signed: � /1 S ' Agency: �/� JI��I�Lic-cl —` Date: Qy y7 "._— r 't'( SEP 1992 �� 111 921098 anitHt>\\c, DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17 , and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. X Please refer to the enclosed letter. t. Signed: � � Agency: Panhandle Eastern P. Date: 8-28-9 AUG 3 1 1992 G5 P3llcic Ctvit1+0935 PANHANDLE EASTERN PIPE LI_ COMPANY 635 No. 7th Brighton, Colorado 80601 (303) 659-5922 August 28 , 1992 Weld County Dept . of Planning Services 915th 10th Street -Room 342 Greeley , CO. 80231 Attn: Brian A. Grubb, Current Planner RE: Case Number S-326 , Planned Unit Development - Lind Land Co. Dear Mr . Grubb: Please find attached a copy of our as-built map , which hi-lights Panhandle Eastern' s pipeline , 14-10-075-1422-4" , located in or near the property described as part of of the Northeast Quarter of Section 8 , Township 5 North, Range 67 West , Weld County , Colorado . Panhandle does not foresee any conflicts with this request , however, before approval is given we request that a Representative of Lind Land Company , and all contractors involved in the construction of this project , contact us prior to plans of construction. At that time, we may discuss their plans and interpret the following stipulations . Panhandle Eastern maintains a 50-foot wide right-of-way on all pipelines and will not allow any building within that easement area . Utility lines , streets , sidewalks , and driveways may be installed at approximate right angles to the pipeline herein authorized, provided, however , that all utilities cross under our pipeline with a minimum clearance equal to the diameter of the larger utility or 18" , whichever is greater . No paved or traveled portion of any street , sidewalk , driveway , road, alley, or curbing will be placed substantially parallel to and within fifteen ( 15 ' ) feet of the pipeline , provided adequate working space is available on the other side of the pipeline . 921093 In the event a proposed crossing with road or utility , please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro Denver) , or 1-800-922-1987 Outside the Metro area) , with two ( 2) business days notice , and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces . We will be more than happy to work with everyone involved, however , it must be noted that if for any reason our lines must be moved, it will be at the expense of the developer or the person or persons asking for this movement . If additional information is needed, please call me direct at 654- 9222 , or long distance at ( 303) 659-5922 , ext . 222 . Sincerely , Larry Abston Area Supervisor attachments xc : file 921099 - •SGOTvs 4'' L` 4 — - - — �� j� W 4 K W 'it W I d' W R a I 1 N ¢ v. — N *02 a m In S * r Cos O I O N � 6 - O • ID -re) i at rn` o .600`a� �° u1 b K 2 rn OD i in ;o - a* 6 `�� • Oh 00 N ._ : .eo1 eI O O O ��I a°' •Ab I p # i i hA % Ik I k O mm c • a '�1 ii 19 11'03 1 i Na A N e1� 1,0it O N F' co ti b i W Q ✓ 4 04 cn In • i s� I o zp - 1 J K. • 'I I Cu F- 7 W W . I 'f(/ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 CO COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. 7/We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pi- _e efer to the enclosed letter. {� Aenc E: 1FF C' ilccij / \\ Signed: ,�� _��► g Y� Date: (y ' 7 AUG 3 1 NV Weld Cccnt!Planning 921099 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80831 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 15, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Planned Unit Development Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Lind Land Company LEGAL DESCRIPTION: Part of the N2 NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Planned Unit Development Plan. LOCATION: Approximately 2 miles south of the Town of Windsor; west of Weld County Road 17, and south of Weld County Road 60. SIZE: 47 acres , more or less . The public hearing will be held 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 September 15 , 1992. 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 80631 - Phone - 356-4000, Extension 4400. Judy Yamaguchi, Chairman Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) t'me y August 28, 1992. Received by: / 1J Date: g4--- 92 1O99 DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000,EXT.4400 915 10th STREET VI GREELEY,COLORADO 80631 C COLORADO August 24, 1992 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-326 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 15, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Lind Land Company FOR: Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the N2 NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of the Town of Windsor; west of Weld County Road 17, and south of Weld County Road 60. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Brian A. Grubb, Current Planner. 921098 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-326 for Lind Land Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 24th day of August, 1992. 921098 SURROUNDING PROPERTY OWNERS AND/OR INTEREST/SUBSURFACE ESTATE OWNERS Lind Land Company S-326 Martin Lind 1469 44th Avenue Greeley, CO 80634 Thomas P. and Elizabeth M. Schmerge 7754 Weld County Road 60 Windsor, CO 80550 Eric Furuseth and Heidi Ann Aas 7680 Weld County Road 60 Windsor, CO 80550 Frank L. and Kathie N. Platt 28607 Weld County Road 17 Windsor, CO 80550 Garry A. and Kathleen E. Weinmeister 28649 Weld County Road 17 Windsor, CO 80550 Zeiler Farms 820 Foote Court Loveland, CO 80537 Bruce J. Thornton 1507 Peterson Street Ft. Collins, CO 80521 Randy R. and Karen E. Burkhart 29098 Weld County Road 17 Windsor, CO 80550 Nevine and Annette L. Glassgow 1210 Ida Drive Loveland, CO 80537 Elmer E. Lundvall Jackie Moore 3490 W. 49th Avenue Greeley, Co 80634 Ralph W. Cause 809 W. 11th Street South Newton, IA 50208 921098 SURROUNDING PROPERTY OWNERS AND/OR INTEREST/SUBSURFACE ESTATE OWNERS Lind Land Company S-326 Raymond H. Frank Box 56 Briggsdale, CO 80611 Dwight W. Cause 36913 33rd Avenue South Auburn, WA 98002 Gary A. Jeffers and Marilee A. Jeffers 1634 27th Avenue Greeley, CO 80631 Lowell L. Cause 1601 W. 13th Street South Newton, IA 50208 Buddy Baker 1429 Larimer Street Denver, CO 80202 Aeon Energy Company 405 Urban Street, #302 Lakewood, CO 80228 921095 • 4 DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 915 10th STREET GREELEY,COLORADO 80831 COLORADO August 25, 1992 Lind Land Company 361 71st Avenue Greeley, CO 80632 Subject: S-326 - Request for a P.U.D. Final Plan on a parcel of land described as part of the N2 NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Lind: I have scheduled a meeting with the Weld County Planning Commission for September 15, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley and the Town of Windsor Planning Commissions for their review and comments . Please call Greg Fleebe, in Greeley, at 350-9782 and Janet Carpenter, in Windsor, at 686-7476, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to September 4, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than September 4, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 921098 Lind Land Company, S-326 August 25 , 1992 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Brian A. Grubb Current Planner BAG/sfr pc: Bob Van Dop Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 921098 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # S - 3740 THE SIGN WAS POSTED BY: tRober+ VO1/ re to k.:4 $ :QO, NAME OF PERSON POSTING SIGN \Q h dt SIGNATURE OF APPLIC STATE OF COLORADO ) ) ss. COUNTY OF WELD ) vd `� SUBSCRIBED AND SWORN TO ME THIS DAY OFT\ )e-Aph.'I P4w.\as-.L , 19 9 :).- . SEAL NOTARY PUBLIC My Commission Expires --- MY COMMISSION EXPIRES eptembsr 9, 1994 t� LAST DAY TO POST SIGN IS: 5er t �[ , 19 92.---. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 921095 tip MEMORAf®urn Brian GrubbSeptember 15, 1992 To Department of Planning_Se ,visas_Se._. COLORADO From Lee D. Morrison, Assistant Weld County Attorney son;ect Improvements_ Agreement - Windsong Ranch _. The applicant has submitted an Improvements Agreement according to Policy Regarding Collateral for Improvements . It appears that this is proposed to cover the internal improvements as well as the external improvements (the acceleration/deceleration lanes on the public road accessing the development) . I think it will probably be necessary to have two separate Agreements because the acceleration/deceleration improvements will be made part of the county road system but the internal improvements will not be maintained by the County. The following comments, therefore, are addressed toward the internal improvements . I would recommend changing paragraph six heading to read: in the "Approval of Streets by County: " . . . . The last sentence of 6 I would suggest be amended to read as follows : "Upon compliance with the following procedure by the applicant, streets within the PUD may be approved as completed by the County. " Paragraph 6 . 01 should be amended to read as follows : "If desired by the County, portions of the street improvements may be placed in service to the public when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions . " Paragraph 6 . 03 is recommended to read as follows : "Upon completion of construction of streets within the PUD and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners preliminarily approve them as completed. Not sooner than nine months after preliminary approval of streets, the County Engineer shall, upon request of the applicant(s) , inspect the subject streets, and notify the applicant( s) of any deficiencies . The County Engineer shall inspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to this Agreement, he may recommend final approval of the streets . Upon receipt of a positive unqualified recommendation from the County Engineer for final approval of the streets within the PUD, the Board of County Commissioners may give final approval of said streets, but such approval shall not constitute an acceptance for maintenance by the Board of County Commissioners . 921093 TO: Brian Grubb RE : Improvements Agreement - Windsong Ranch DATE: September 15, 1992 Page 2 I would recommend an additional paragraph 6 . 04 which would read as follows : "It is currently contemplated that all construction, repair and maintenance, including snow removal, on the streets within the PUD will be the responsibility, initially of the Lind Land Company, and then the Windsong Ranch Homeowners Association. This shall not preclude application to the Board of County Commissioners for the acceptance of the dedicated streets for county maintenance at some time in the future. However, until such time as the Board of County Commissioners, by formal resolution, expressly accepts those streets for county maintenance, the Board of County Commissioners shall have no obligation to maintain, build or repair, or provide snow removal on said streets . " The other change to the Agreement would be to the exhibits which would take the external improvements out of this Agreement. 1 .P \ ; / / /l7 4!M7 Z e D. Morrison Assistant Weld County Attorney LDM\db pc: Tom Hellerich 9w1Q99 *-1V(t MEMORAI1DUM To Brian Grubb, _ Date_ September 15, 1992 O Department of Planning Services COLORADO Ft°"-- Lee D. Morrison, Assistant Weld County Attorney subject: Covenants Windsong Ranch The following are my comments with respect to the draft by Tom Hellerich dated September 3, 1992 , of the Covenants for Windsong Ranch. This draft has made substantial progress towards correcting the deficiencies I noted with respect to the first draft submitted along with the application. Mr. Hellerich is receiving a copy of this Memo at the same time that you are and I am not certain how many of these issues are major. With respect to the fourth WHEREAS clause, I am assuming that the actual incorporation of the homeowners association has not yet occurred, but you may wish to ask for evidence that it has occurred prior to the conclusion of the Land Use Process . Section 2 . 01 : This section identifies the number of units within the planned common interest community. It should be made clear that any approval of these Covenants does not waive any county land use requirements concerning further platting of the property. Section 5 . 02 : I would suggest that it be made clear that maintenance of internal roads is included within the purpose of the assessment in line six. Stylistically, I would suggest checking the placement of commas in the extended sentence in Section 5 . 02 . Section 5 . 03 : I question whether special priority is allowed under the statute for the developer' s property, particularly CRS Sections 38-33 . 3-207 (2) and 38-33 . 3-315(2) . Section 9 . 04 and 9 . 17 : I assume these sections are to be read together to mean that an irrigation well is acceptable but not residential wells . Section 9 . 14 : The Covenants purport to restrict oil and gas development and other mining activities . This kind of restriction, given that the minerals are not owned by the developer only gives a false sense of security. The County by its regulation cannot be in a position of absolutely prohibiting those activities under recent Colorado Supreme Court case law. The only way Section 9 . 14 can be effective is if the mineral owners were signatures to the Covenants . The last item is the question of whether the Covenants should include the authority under the State Planned Unit Development Law which would specifically allow the County to step in and place 921098 7 TO: Brian Grugg, Planning Department RE: Covenants Windsong Ranch DATE: September 15, 1992 Page 2 liens on the properties where the homeowners have failed to adequately care for certian common areas . That this provision is probably enforceable even in the absence of the Covenants and it is not absolutely necessary to include them in the Covenants . It should be made clear that the fact the County Attorney' s Office has reviewed these Covenants does not mean that potential purchasers can rely on this office' s review of the Covenants rather than seeking their own counsel to evaluate the Covenants . The purpose of our review is principally to see that there is not a conflict created between the Covenants and the PUD process and to assure that there is adequate provision for a homeowners organization which can maintain the common areas of the development. The developers should not represent that the County Attorney' s Office has reviewed the covenants and that potential purchasers need not review them or consult with their own attorney. r / / r,„,7 ,{, Lee D. Morrison Assistant Weld County Attorney LDM\db pc: Tom Hellerich 321093 i r at 13 O6" O)269 PLANNING COMMISSION SUMMARY ITEM: Weld County Referral PROJECT: Final Planned Unit Development (PUD) Review APPLICANT: Lind Land Company LOCATION: Approximately Two Miles South of the Town of Windsor; West of Weld County Road 17 and South of Weld County Road 60 EXISTING COUNTY ZONE: PUD PLANNING COMMISSION HEARING DATE: September 22, 1992 PLANNING COMMISSION FUNCTION: To make a recommendation to the Weld County Planning Commission on development conformance with the City of Greeley's Comprehensive Plan. PROJECT OVERVIEW: Preliminary PUD Final PUD Number of Lots 17 18 Total Acreage 47.0 47. 0 Average Lot Size 2.3 Acres 1.6 Acres Minimum Lot Size 2. 0 Acres 1. 04 Acres Density of Lots 2.6/Acre 2.8/Acre Common Open Space 8. 0 Acres 9.88 Acres (17%) (21%) Water Little Thompson Water District Sewer Individual Septic Fire Windsor Severance Fire District 1. The property is located outside the Greeley 1986 Comprehen- sive Plan Long-Range Expected Growth Area. The parcel is located within the three-mile area of influence of the City of Greeley. Therefore, by virtue of Section 19-7 of the Charter of the City of Greeley and the 1987 Weld County Comprehensive Plan Policy of referring land-use proposals for review and comment to any jurisdiction within three miles of the proposal, the proposal is within the purview of the Greeley Comprehensive Plan. 921098 2. It is the practice of the City of Greeley Planning Commission to review Weld County requests that are outside of the City's Long-Range Expected Growth Area principally for conformance with the City's Comprehensive Plan policies. Detailed design specifications are not reviewed for conformance with City standards. LAND USES OF ADJOINING PROPERTIES: North - Great Western Railroad Tracks, Agriculture, Mobile Home South - Power Lines, Agriculture, Dairy East - Agricultural Land West - Great Western Railroad Tracks, Agriculture, Mobile Home with Barn ZONING CLASSIFICATION OF ADJOINING PROPERTIES: Agricultural BACKGROUND: The proposed development is for a large-lot, rural residential subdivision designed for horse owners with a 7.3 acre open space plus an equestrian trail surrounding the development. On July 1, 1985, the Weld County Commissioners adopted new regulations that govern the subdivision of land within unincorporated portions of Weld County. In response to and in conjunction with those standards, the Greeley Planning Commission adopted Resolution 7, 1985. This resolution addresses the City's review procedure for Weld County recorded exemptions that are referred to the City. Although the current application is for a final PUD subdivision and not a recorded exemption, the principles in Resolution 7, 1985, are expressed in terms of "any subdivision. " The resolution directs the City of Greeley Planning staff to ensure that the following standards are forwarded to the Weld County Planning Department: 1. Appropriate right-of-way should be dedicated; 2 . The overall gross density on any subdivision should not exceed one dwelling unit per 20 acres within the area outside of the 2010 Growth Ring (the 1970 Comprehensive Plan designation for the long-range growth area) and should not exceed one dwelling unit per 10 acres within the 2010 Growth Ring; and 3 . The appropriate setbacks under the applicable zone should be maintained with the subdivision. Planning Comm. Summary 2 WCR Rezone from A to PUD 921098 Density standards were suggested in Resolution 7, 1985, to encourage: 1. Development within urban areas where services are provided. 2 . Cluster development so as to preserve agricultural lands and to accommodate future potential urban development. On April 14, 1992 the Greeley Planning Commission found that the proposal is not in conflict with the Greeley Comprehensive Plan since the Comprehensive Plan does not address subdivisions outside the Long Range Expected Growth Area. The Greeley Planning Commission further requested that the County consider the policies presented in Resolution 7, 1985, and attempt to realize the spirit and intent of those policies in its deliberation. The Weld County Commissioners subsequently approved the preliminary PUD as proposed. The applicant is now seeking approval to a final PUD plan that is basically the same as the preliminary PUD. KEY ISSUE: Does the proposal comply with the City of Greeley Comprehensive Plan? ANALYSIS: The City of Greeley's Comprehensive Plan does not directly address the issue of subdivisions located outside of the LREGA. Therefore, the proposal is not in conflict with it. ADMINISTRATIVE REVIEW TEAM: The Administrative Review Team did not review this request. PLANNING STAFF RECOMMENDATION: 1. Find that the proposal is not in conflict with the Greeley Comprehensive Plan. - 2. Request that the County consider the policies presented in Resolution 7, 1985, and attempt to realize the spirit and intent of these policies in its deliberation. Planning Comm. Summary 3 WCR Rezone from A to PUD I 921093 .s-- = a - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development September 8, 1992 Mr. Brian Grubb Weld County Planning Department 915 Tenth Avenue Greeley, CO 80631 RE: WindSong Ranch; Referral Comments for Planning Commission Meeting Dear Brian: The week before last we picked up the packages for the referral agencies and both hand delivered or mailed them to everyone. Last week on September 2 we began contacting all these agencies to encourage them to respond to you by September 8 or at the latest by September 9. Below is a list of the agencies and the status of their response based on direct telephone calls to them. . . . Weld County Health Department - Completed and Returned . . . County Sheriff - Completed and Returned . . . County Engineering - Drew has given our plans a brief review and he believes there will be no significant changes on the plans. He says he is quite busy for the next several days and probably will not give the plans a complete review until later in the week. He expects any changes will be quite minor. He said he would try to call you today. . . . Colorado Geological Survey - Jim Soule will be reviewing the package today and forward preliminary comments to you. He mentioned that at a later date he will actually visit the site and confirm his comments. . . . Oil and Gas Commission - They sent their comments on September 4, 1992 . . . . Windsor Fire Department - Being a totally volunteer organization, these people are very difficult to reach and it is even harder to get a letter from them. On August 28, 1992, we had meeting with them and the Water District to determine a course of action for adequate fire protection. The Fire District is satisfied that a portion of their water needs can be supplied through the hydrants. The remainder will be provided by a pool of water in the stormwater detention ponds. These ponds will be made impermeable and a dry hydrant will be installed. We will try to contact Bob Winter and have him call you. �C � V SEP 0 9 1992 92109'9 11990 Grant Street, #410 Telephone: (303 ) 45g)a66i 1" Planning Denver, Colorado 80233 Facsimile: (303 ) 452-2759 Mr. Brian Grubb Weld County Planning Department September 8, 1992 Page 2 . . . Panhandle Eastern Pipeline Company - Sent a letter to you on August 28 , 1992 . . . . Windsor School District - Their review is complete and they returned a comment to you. . . . Great Western Railway Company - They have reviewed and sent a letter to you on September 5, 1992 . . . . Little Thompson Water District - Barry Dykes returned from vacation on September 8. He will review the materials today and mail a letter today. . . . Western Area Power Administration - Dave Griffith will call you today. . . . Town of Windsor - The Planning Commission recommended approval at their regular meeting. . . . City of Greeley - Their Planning Commission meets to discuss the site plan on September 25 so they have no new comments now. . . . Greeley Soil Conservation District - Dwayne Newman will call you today. . . . Corps of Engineers - Reviewed on September 3 and their comments have been mailed. . . . Lorimer County Planning Department - Russ Legg will return from vacation on September 9 and we will contact him regarding the referral. Many of these agencies do not bother sending you a response if they have no problem with the case. We expect you may get more referral responses because of our telephone work. We believe we have all the questions addressed and resolved at this point and we look forward to the September 15, 1992 Planning Commission meeting. Cordially, TUTTLE APPLEGATE, INC. Gar . Tuttle GJT r cc: File #92-102 Martin Lind, Lind Land Company 921099 8PC7 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD 'tom do maw I, KErrH HANSEN, of said County of Weld, being duly The WS cern pearl's sworn,say commiesee eel held a that I am publisher of qtly ben,on tees Smaaaw Moat m110I WINDSOR BEACON pa hw the papa Fl areDow u___p a and Si Planed UM osLbartant.. a weekly newspaper having a general circulation in said Pion ,er the ,.open; County and State, published in the town of WINDSOR, desoribeil Sled APProMI in said County and State; and that the notice, of which esm re vested property seht the annexed is a true copy, has been published in said pasteCdedde . ( weekly for_ successive weeks, that the notice AnPucAMT: LIM last was published in the regular and entire issue of every areawnumber of the paper during the period and time of LEGAL ousurT ttpen publication, and in the newspaper proper and not in a swat winnows si, supplement, TY4 RPM 515 1 PY.I pp t, and that the first publication of said notice WeNICIAMACelersell. was in said paper bearing the dare of the OF • P1101102ED UM and I r.2 7 day of ailHit , A.D., 19 q and the last publication bearing the date of the 2"sr'oa'dr°I To'1 day of A.D., 19_ and . oast west et Weld v°M°S And 17.sad sad that the said WINDSOR BEACON has been published continuously and uninterruptedly for the period of 5 Sat n awe.mere er I consecutive weeks,in said County and State,prior to the data of first publication of said notice,and the same is a The p l uusag will wI newspaper within'the meaning of an Act to regulate SW lit tieWskt County Hearing I printing of legal notices d advertisements, approved Corpordeeleasit May 1.8, 1931,and all far as in force. Ramon,First Floor,Weld County CenlwWs Cwesr,I Ce Tama 8boe1, one or e Commons us e64- — / s wlr�related should be I r LUSHER sesntawd In*ding as the i Well Ora osp.mn..al Planning SeMass, Ste Subeai d and sworn to before me this 3/,Qt- day Teeth Street,Room 342, of el-,e l ie.S r 19 9 — efore t eaerese soot; • 3 pre me above pu or L ?V hewingpresented s the quells l oL \ V V a en s.pmwe.141 ' NOTARY PUBLIC Capin el I�set public My commission expires q-' / %—9 S . aapeol.haw orpwaran m diming Swwoss.Room 342, Weld Coumy Centennial Ceder, ale Temh Street, Greeley. Caddo We -Phoes -2e4Maa.EmaalwtMOa. Judy Yempuwd,Caren Weld Planning Published Si the Windsor- Beam ea August 2T.I Idea. - T 1 �" SEP Y i 77 �. • Weld County neet095 I DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4600 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles ; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. X We do not h a Comprehensive Plan, but we feel this request is is not) compatible with the interests of our town for the following reasons : 3. x We have reviewed the request and find no conflicts with our interests. OD 4. A formal recommendation is under consideration and will be Q submitted to you prior to: !� 5. Please refer to the enclosed letter. Signed:��.. Agency: \1 \b_ nyc Z r Y �l r�J Date: MIQ21 SEP 0 y 199e Weld County Planning E"`"t DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT TRFLAKES PROJECT OFFICE 9307 STATE HWY 121 LITTLETON.COLORADO 801236901 September 8, 1992 Mr. Brian A. Grubb Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Grubb: Reference is made to Case Number X-326, Lind Land Company PUD Windsong Ranch, located in Section 8, Township 5 North, Range 67 West, Weld County, Colorado. Prior to any work at this site the property should be evaluated for Waters of the United States which includes wetlands. Any wetlands should be properly delineated and mapped. This office should be contacted prior to any work in wetlands or other Waters of the United States for proper Department of the Army permits pursuant to Section 404 of the Clean Water Act. Please see the attached list of Environmental Consultants that may assist wetland delineations and mapping. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference ID #199280427. Sincerely, Tim . C Project Manager Enclosure ll u1r'1�"1 f SEP 0 y 19922 tip `Veb!Co t,Manning 9 loss recH, vc, " D. PARTMENT CF PLANNING SERVICES ^i -� PHONE(303)3584003,EXT.4400 '� n ""� W 91510MSTAtET ^ AG is L GREELEY,COLORA008063t 1111 I ig e COLORADO ='Gr »3 L9 August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8 , T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately' 2 miles; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be ` submitted to you prior to: //5 . T. Please refer to the enclosed letter. Signed: c-S") � � 2 Agency: C Date: CE 4. I s 1.o ENVIRONMENTAL CONSUL ITS- This list is not compiled to endor any specific consultant DAVID L. BUCKNER STEPHEN G. LONG PATRICK H. MURPHY STEVE VIERT ESCO Associates Cedar Creek Associates, Inc. P.O. Box 18775 916 Willshire Avenue Boulder, CO 80308 Fort Collins, CO 80525 (303) 447-2999 (303) 493-4394 Home: 493-1893 JANE BUN/N, PhD JANICE MCKEE Natural Science Associates Wetland Ecology & Associates 3010 Regis Avenue 5745 Arrowhead Boulder, CO 80303 Greeley, CO 80634 (303) 499-5014 (303) 339-9351 DAVID COOPER DAVID MEHAN ' Department of Environmental Sciences Wright Water Engineers Colorado School of Mines 2490 W. 26th Avenue Golden, CO 80401 Suite 100A (303) 499-6441 Denver, CO 80211 (303) 480-1700 JEFFEREY L. DAWSON Project Scientist ERIK OLGEIRSON, PhD Woodward-Clyde Consultants 305 Emerson Street Stanford Place 3, Suite 1000 Denver, CO 80218 4852 S. Ulster Street Parkway (303) 733-8121 Denver, CO 80237 (303) 694-2770 LAURANNE RINK Telex 501285 (Woodward DVR) Aquatic & Wetland Consultants Aquatic & Wetland Construction Company STEVEN DOUGHERTY Siena Square ERO Resources Corporation 2060 Broadway, Suite 255 1740 High Street Boulder, CO 80302 Denver, CO 80218 (303) 442-5770 (303) 320-4400 FAX (303) 442-8133 FAX (303) 320-4491 MIKE SAVAGE SCOTT ELLIS, PHIL HACKNEY& 464 West Sumac Ct. TED BOSS Louisville, CO 80027 ENSR (303) 666-7372 1716 Health Parkway Fort Collins, CO 80524 RANDY SCHROEDER (303) 493-8878 Greystone Development Consultants 5990 Greenwood Plaza Boulevard LORENHETTINGER, PhD Suite 104 Dames & Moore Englewood, CO 80111 _ 1125 Seventeenth St., Suite 1200 (303) 850-0930 Denver, CO 80202-2027 (303) 294-9100 PETER SMITH Stoneman Landers, Inc. DAVID JOHNSON 11480 Cherokee Street, #L Western Resource Development Denver, CO 80030 711 Walnut Street (303) 280-0048 Boulder, CO 80302 (303) 449-9009 BRUCE D. SNYDER Engineering-Science, Inc. DEBORAH KEAMMERER 1700 Broadway, Suite 900 Stoecker-Keammerer & Associates Denver, CO 80290 Ecological Consultants (3031 831-8100 5858 Woodbourne Hollow Road Boulder, CO 80301 (303) 530-1783 921093 DOYLE, KLEIN,OTIS, FREY,HELLERICH & LAZAR ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 DENVER METRO HENRY C.FREY AFFILIATED NATIONAL PLAZA (303)659-7576 THOMAS E.HELLERICH 822 7th STREET ROGER A KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 October 2, 1992 Weld County Attorney's Office P. O. Box 1948 Greeley, CO 80632 Attention: Lee D. Morrison Assistant Weld County Attorney RE: WindSong Ranch P.U.D. Covenants Dear Lee: I have reviewed your memorandum of September 15, 1992 , and have revised the covenants for the WindSong project. In particular, I have revised Sections 5.02 , 5.03 , 9 .04 and 9. 17 according to your request. A revised version of the covenants are included herewith. I am also forwarding a copy of the revised covenants to the Department of Planning Services, attention Brian Grubb. In the event there are any further questions, please contact me at your earliest possible convenience.7truly yours, THOMAS E. HELLERICH Attorney at Law TEH:cjm Encl. cc: Martin Lind Brian Grubb 0 OCT 0 2 1992 t:5 - Weld County Planning A0 ! ; mEmoRAnDum WilkBrian nrubb �-Planning ` ate September 30_ 1992 COLORADO From Drew Srhel tinga Subject: Windsong Ranch Final PUD S-326 I have reviewed the application materials and have the following comments: PUB Plat---the plat is not clear that there is a 20 foot dedication of additional right-of-way adjacent to WCR 17. The dimension at the southeast corner of the property is 30 feet, and there is no line demarking the additional right-of-way along outlot A. The surveyor's certification is needed on the original document. Improvements Agreement--Weld County will not be accepting the internal streets for maintenance. Therefore, Sec 6, Acceptance of Streets for Maintenance by the County, should be eliminated from the agreement. Grading and Drainage Plan--This sheet is labeled three of eight and should be included in the set of plans. The drainage report has the proper information for sizing and describing the release structures from the detention ponds. However, those details are not in the plans and should be included on the grading and drainage plan. It is my understanding, from reading the drainage report, improvements will have to be made to the detention pond dams. That information should be included on the Grading and Drainage Plan as well. Basic dimensions for the drainage swells should be included on the Grading and Drainage Plan. Road Plan and Profile--The entrance island has a taper on the west end of 3.3 to 1 which is too abrupt a transition. The AASHTO design standards (page 878) indicate the taper rate should vary between 8 to 1 and 15 to 1. The entrance island geometry should be revised. Certifications by a registered professional engineer are necessary on the drainage report, traffic impact study and all plans. All the information previously requested has been supplied. The above comments deal with technical additions and clarifications that should not affect the scheduled Planning Commission Hearing for October 8, 1992. DS/pds:mgrubb2 cc: Commissioner Webster File S-326 OCS 0 1 1992 Weld CousdY Flannin9�, lir*IPIHH\ DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 1119 915 10th STREET GREELEY,COLORADO 80831 Cie COLORADO August 21, 1992 CASE NUMBER: S-326 TO WHOM IT MAY CONCERN: Enclosed is a PUD Final Plan application from Lind Land Company for a proposed Planned Unit Development. The parcel of land is described as part of the NE4 of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of the Town of Windsor approximately 2 miles; west of Weld County Road 17, and south of Weld County Road 60. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 4, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it to Aa* .w Cc•-4.t with our Comprehensiv°enj�j,,lan for the following reasons. Gtec cy Cs..? P1.. does 40T adds s.6d.�s7.hs ). . +.cl e..}s;de of 6,1 2..1. Ex pecftd Grow+S Arec, 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signe � Agency: / L' �J ('� Date: g Z3 f Z L) "1�"1��L it it I .. I SEP 2 3 1992 1 Weld County Planning 921033 ala Samna lena TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 1, 1992 Mr. Brian Grubb QCr 0 Weld County Planning Department 814110 am- isy 915 Tenth Street 814110 1 Greeley, Co 80632 "gyp/,4444 Dear Brian: We are sending via King and Associates a revised plat for WindSong PUD which includes all staff comments of September 15, 1992 . Also I have enclosed a Typical Lot Layout at 1 ' = 50" scale to better define the PUD\Landscape Plan. We have also contacted the Army Corps of Engineers and have determined what wetlands exist on the site and they are shown on the enclosed plans which accompany this letter. We have been in contact with Bob Winter of the Windsor Severance Fire Protection District. He will forward your office a letter before October 6th stating that WindSong Ranch PUD meets the requirements of the Fire District. We hope this information will be of assistance to the Department and the Weld County Planning Commission in their upcoming meeting of Tuesday, October 6, 1992 so that a recommendation for approval will be granted for this project. Sincerely TUTTLE APPLEGATE, INC. Bob VanDop By/cr Encs. cc: File #92-102 Martin Lind, Lind Land Company 92:1033 11990 Grant Street, #410 Telephone: (303 ) 452-6611 Denver, Colorado 80233 Facsimile: ( 303 ) 452-2759 G ly'Lamy� for- ar'� gr�� . �M N / •a a � oir•) rk� lane�1 ¶' Hor U qe f acccsborl' 1 CotiRAV T • I Ivv►'ld ''y H (4,, sat max mon- MAk , . s� Jeriey .._ 1 ' ono �,lau►e. 121�tuo" 1 -, i \ 1 ULM", unit or I3 r,ata.460R1(no Ina*I) I 1 01 R f i so id b RT — u c(jp ) ittiocki t 1.----. b' Mtn.5o' U hai 4". at _ P ......•».. *led pow way TYPICAL LOT LAYOUT SCALE .50. WtiufSon 1 Rnnci. TUTTTUTTLE APPLEGATE, INC. 1.033 n M tw ew I.r....o...k...r �32� "4 11990 Grant Street, Suite 410 °)2"102 Denv452er,Colorado 00233 (303) -6611 10-(-q 2. aatia MOO Mmi TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development September 28, 1992 Mr. Terry McKee Army Corps of Engineers Re: Wetlands Delineation, Windsong Ranch, Weld County Dear Terry: We are working on a piece of property which has already been referred to you by Weld County. Enclosed is a copy of your standard response and a vicinity map. The land is now in dry land wheat and we wish to develop residences on the property in two acre lots. The ground is hilly and there is a swale at the western end. Formerly the farmer on the adjacent uphill land irrigated and this owner captured the irrigation waste water by building four check dams across the swale. I do not know how long this practice continued. Some five to ten years ago the uphill farmer ceased irrigating and this owner breached the check dams and tried to farm closer to or in them. The present wheat farmer ignores the swale area and it has grown up in a variety of plants. Our master plan for the housing project keeps houses out of this swale(open space outlot) although we do need to cross the upper end of the swale with a road. Enclosed is a map showing the road and swale area. From the topo you can see the remnants of the check dams. Knowing the land's history, the dams did retain water and the pond areas were saturated for more than seven continuous days. Hydrology indicates the swale may be wetlands. We visited the site. The remnants of the breached dams are high and are classified as uplands. Pond 1 is covered with 90% brome and 10% thistle which makes us think that at sometime in the past this land may have been pastured. An 18 inch hole was dug in the middle of the swale and the dry soil revealed no mottling. Ponds 2 and 3 are covered by a plant community of thistle ( 70% ) , dandelion (5%) , goosefoot (5% ) , plantain (5% ) , and rush (5%) . The 18 inch hole revealed mottling in the damp soil. Pond 4 contained the same plants in addition to cattails. We did not bother to dig a hole. Worksheets are enclosed. Based on this analysis, we determine that Pond 1 is an upland site and Ponds 2,3, and 4 are wetland sites. This wetland is non- adjacent to any stream and is 0.89 acres (38, 725 sq.ft. ) in size. The construction of detention pond #1 will involve placing a pipe in the gully where the dam is breached and filling this section 92f.093 back up to the grade of the dam top. Also we will cut in the drainage ditch into the pond from the eastern hill side. No wetlands will be filled. We do not believe a nation wide 404 permit is required for this work. Please confirm or modify this wetland delineation and our determination of no permit in writing. Cordially; TUTTLE APPLEGATE, INC a Ga y J. Tuttle encl: cc: 92-102 Martin Lind 102wet1. ltr 32 .093 DEPARTMENT OF THE ARM �2t01 .3-•. \"1-YIN-'% CORPS OF ENGINEERS.OMAHA DISTRICT IN IND GI Pe TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 I/i, n U TLETON.COLORADO 90123.6901 Mnr ro �'` 11ONOF October 14, 1992 Mr. Gary J. Tuttle Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, Colorado 80233 Dear Mr. Tuttle: Reference is made to the proposed construction of a detention pond located in Section 8, Township 5 North, Range 67 West, Weld County, Colorado. This letter is to inform you that the proposed activity, assigned number 199280532, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, RECEIVED OCT 1 6 1992 Timo T. Car Project anger _- -•. ---- - bif r 921095 Pi as.lo7 Hello