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Home My WebLink About911286.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) FOR HARRISON RESOURCE CORPORATION, C/O CRAIG HARRISON 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 23rd day of October, 1991, at 10:00 a.m. for the purpose of hearing the application of Harrison Resource Corporation, c/o Craig Harrison, 760 Whalers Way, 1/A200, Fort Collins, Colorado 80525, requesting a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) , for a parcel of land located on the following described real estate, to-wit: Part of the NE,' of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Craig Harrison, and WHEREAS, Section 28.8 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, 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 28.5 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.8 of the Weld County Zoning Ordinance as follows: A. The proposal is consistent with the Weld County Comprehensive Plan. The proposed PUD District is located within the urban growth boundary area of the Towns of Windsor and Severance. Representatives of the Towns of Windsor and Severance have reviewed the request and found no conflicts with their interests. The uses permitted by the PUD District will be compatible with the future development as projected by affected municipalities. The PUD District and plat notes insure compatibility with existing uses on adjacent properties and within the PUD. B. The uses allowed in the proposed PUD District will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. PL0847 911286 I'k08 cc_ . Pi. APPS r1�E Page 2 RE: COZ - HARRISON RESOURCE CORP C. North Weld County Water District will provide domestic water service to the PUD District. Individual sewer disposal systems will be used to serve the residential block and public sewer will be used to serve the commercial block of the PUD District. D. Weld County Road 74 and State Highway 257 will provide access to the PUD District. Off-site road improvements for the commercial block of the PUD District shall be determined upon submittal of a PUD plan. E. No overlay districts, special soil conditions, or commercial mineral deposits are known to be located on the subject site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Harrison Resource Corporation, c/o Craig Harrison for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) , on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Uses allowed in the PUD District are identified by block and shall comply with uses allowed in the Weld County Zoning Ordinance for C-1 (Neighborhood Commercial) , C-2 (General Commercial), R-1 (Low Density Residential) , and A (Agricultural) Districts, unless otherwise stated on the PUD District plat or Plan plat. 2. All streets within the PUD District are private and shall be built to County standards. The private road system proposed as part of a PUD plan is subject to review by the Engineering and Planning Departments and approval by the Board of County Commissioners. All streets within the PUD District shall be maintained by the homeowners association or developer. 3. Off-site road improvements for commercial uses shall be evaluated and determined upon submittal of a PUD plan. 4. North Weld County Water District shall provide the domestic water supply to the residential and commercial uses. 5. Individual sewer disposal systems shall provide adequate sewer to the residential uses. The commercial uses shall be served by a public sewer system. 6. An animal unit bulk requirement for various species of livestock and a domestic animal requirement shall be established as part of the A (Agricultural) and R-1 (Low Density Residential) PUD plan submittal. 911286 Page 3 RE: COZ - HARRISON RESOURCE CORP 7. No off-site advertising or directional signs are permitted in the commercial block of the PUD District. 8. Installation of utilities shall comply with Section a-16 of the Weld County Subdivision Regulations. 9. Maximum building height shall be 40 feet. 10. No outside storage will be allowed in the commercial block of the PUD District. 11. No home business, commercial use, or noncommercial junkyard will be allowed in the agricultural and residential block of the PUD District. 12. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations. 13. All PUD plans shall comply with the requirements of the Windsor- Severance Fire Protection District, Windsor School District (RE-4) , Oil and Gas Conservation Commission, and Sheriff's Department. The above and foregoing Resolution was, on motion duly made and seconded, adopted by a following vote on the 23rd day of October, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, OLORADO Weld County Clerk to the Board Gord.io ' a y, airman BY: 7T;talc-- � i,✓: ��f t / —�.---�,� Deputy Clerk to the Board Ge6�rnne4y, ro-Tem APPROVED AS TO FORM: �1—,rcxGG� li4 -1 Constance L. Harbert r ,‘ ,; County Attorney C. W. Kirby /Bk. l�, /e)11 �) W. H. Webster 911286 HEARING CERTIFICATION DOCKET N0. 91-53 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - HARRISON RESOURCE CORPORATION, C/0 CRAIG HARRISON A public hearing was conducted on October 23, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated September 16, 1991, ,and duly published September 19, 1991, in The New News, a public hearing was conducted to consider the request of Harrison Resource Corporation, c/o Craig Harrison for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) . Lee Morrison, Assistant County Attorney, made this a matter of record. Rod Allison, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Craig Harrison, applicant, gave a brief overview of his plans, and he submitted a petition of support from the surrounding property owners into the record as Exhibit F. Mr. Harrison also spoke on the covenants, approximately twenty pages, for Valley View Ranch. Commissioner Webster questioned whether this plan was for the final subdivision. Mr. Allison said it was final, and the covenants provide further evidence for the PUD to carry that out. Commissioner Kirby mentioned the twenty-year limit on the covenants. Mr. Harrison said a consent of 75% would be needed to void the covenants. He also said all parcels passed the septic testing done by the Health Department. There was some discussion concerning the access, design standards, and maintenance of the driveways, and creation of a law enforcement authority, which will be finalized in the Final PUD. Mr. Allison said Condition of Approval #2 clarifies the roads will be privately maintained according to County standards. Janet Lind, Scott Jefferson, and Janice Cawley, also representing other surrounding property owners, stated concerns about the proposed subdivision. Stan Liss, representing Amigo Farms and Northern Front Range Farms, spoke in support of Mr. Harrison's plans. In response to Ms. Cawley's concerns, Mr. Allison said Mr. Harrison has been working with the Health Department, and they see no problem with the groundwater being contaminated by the septic system. Mr. Harrison said he has been working with Mr. Jefferson concerning his feedlot, which will have to cease cattle feeding once occupancy permits have been issued in the proposed subdivision. He said it will probably be two more seasons before this is completed. Mr. Harrison also said the Town of Windsor is supporting his plans. Commissioner Kennedy moved to approve the request of Harrison Resource Corporation, c/o Craig Harrison for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) , based on the recommendation 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 carried unanimously. 911286 ' P1c3 `f ) GG �� Page 2 RE: HEARING CERTIFICATION - HARRISON RESOURCE CORP This Certification /was approved on the 28th day of October, 1991. �/v di APPROVED: ATTEST: � BOARD OF COUNTY COMMISSIONERS WELD COUNT CO ORADO Weld County Clerk Ur Board f ;/ BY: (117-4%' -'-�Y-�/�i�-, Gord y, an beputy Clerk to the Boar Ge ge Ken edy, Pro-Tem TAPE X191-29 & 91-30 Constance L. 1[arb rt DOCKET 091-53 /��'!°',``� C. W. K by PL0847 i� ,� q C// J p/� \ W. H. Webster 911286 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone 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. APPLICANT DOCKET N0. 91-53 Harrison Resource Corporation c/o Craig Harrison 760 Whalers Way, #A200 Ft. Collins, Colorado 80525 DATE: October 23, 1991 TIME: 10:00 A.M. REQUEST: Change of Zone from A (Agricultural) to a Planned Unit Development (P.U.D. ) LEGAL DESCRIPTION: Part of the NE4 of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: September 16, 1991 PUBLISHED: September 19, 1991, in The New News ExhAtuk E v C011. - . ern 07 Y( STATE OF COLORADO 1 • 1s.s. %1 COUNTY OF WELD ) �� T, David B. Reynolds, being duly sworn, - says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and 19, 1991 • a.ninterruptedly • published therein, Septemx' during a period of at least fifty-two consecutive weeks prior to NOTICE the first publication of the annexed Pursuant to the zoning laws°Weld State of Colorado_and t a.he ubnc notice; that said newspaper is a CowW ZIA be held >n g newspaper •within the meaning of th@ ,Chambers of the Board of ComtY act of th@ G 1 Assembly of the Colomredo�Weld e n li Centennra� be h Street,aL the State of Colorado,, entitled "An Act 7:w:1'4i:2re s o nanyg g cnteerestein thefollowingto regulate the printin of le al Chan¢e ZoneanOt1Ces and adverbs@ments, " and to attend and mayamendments thereto; that the notice hsh"on`iia the appncaaesig. the of which the annexed is a rimed tnteresed of yareurt Leer to ey p Preeen record o[the PrpCeed`�prd Copy taken from said newspaper, .was ;�Adfnon to the �d,uine the published in said newspaper and in neeriNgwi° w kept goara'a The Clerk to tics hear°ffi shall be advised 'case ting the regular and entire issue of such action at leasThe �t of P�gtogtnecoe�nr poLLehr shall be every number thereof , enra,engaging the ret�uestO k. athat the !!!!!!!!!!!! wtBied by s onnsi Once a week tOr I Cor oL�jde ofsuccessive weeks; that said notice raof CountyldCotLiurg Center, was so published in said newspaper Weld Coal . Resource proper and not in any supplement G[eeleqC° °' Tnra Ploor, Girbet '+fi NO.915E thereof , and that the first riouAPPLICatl�oaT•cto Craig ..,... publication of said notice as )WW lesColorado Ystame 1991 aforesaid, was on the per` lo`9M' ronl _la day of ', 19 "I l)iu a elanneafpnft latiiiiieii P U.D.)�I' • � IUPITON: Part ofSection 6, T°wnsNOa 67 Colorado 6and tl� last on the �,L day ofP, . wty�ue ana �r,�` '1C IpCATION: ei 74, q J adlaCent to Weld ComtY Lo State I I west of and adjacent 19 H ph'"267 BOARD-Ogr.01i COMMISSION..,_ WELD COLTNIT,S012nui 1C: P-C-"-- .. TY 7/b. CI.EIlE TO BOARD BY: ShellyWiTHEl16, �,Dy°Pub' Subscribed and sworn to b@for@ D�� °ePte 1919°t me this ��`day Of ,�/v o�%o,..<�--�^ , k ey/.4u og 124.-0-14------. My OPrrt^t ss,irt ^' s 1 �v':` gi I n ii'').... CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, for Docket #91-53, was placed in the United States mail, postage prepaid, addressed to the following surrounding property owners. DATED this --on day of De-Savo , 1991. Pind &C)Deputy ler o toard HARRISON RESOURCE CORPORATION C/0 CRAIG HARRISON 760 WHALERS WAY, #A200 FORT COLLINS, CO 80525 TOM E AND ANNETE A LEAZER 2801 DUNBAR AVENUE FORT COLLINS, CO 80526 AMIGO FARMS, INC 1200 CAROUSEL, SUITE 100 WINDSOR, CO 80550 JOY A JEFFERSON 35 MARTIN LANE ENGLEWOOD, CO 80110 PETER C AND NANCY D HYLAND 2515 FALCON ROAD FORT COLLINS, CO 80526 PINEDA AND SONS, INC 35065 WELD COUNTY ROAD 19 WINDSOR, CO 80550 K & M COMPANY 3201 SHORE ROAD FORT COLLINS, CO 80524 LUCILLE P STOCKOVER 39 WARD DRIVE, SUITE 201 GREELEY, CO 80634 LUANA M SIMMONS 2930 SILVERWOOD DRIVE FORT COLLINS, CO 80525 COLORADO LAND SERVICES (A COLORADO GENERAL PARTNERSHIP) 5411 GUNBARREL CIRCLE LONGMONT, CO 80503 21_1?at"; 11 I� al, 'i1� 70 Ns 1 "!I a • ! N I'ilti O I a Alt He -4 /� � W� ti '. li„J n c'` .. . ,,i; t o ! r(4 11/ G I - O ral COO Z LLJ know `Q i4.1 w x _..owl '" CI n CO CAP) F-- v a o 6O CC CC Zw'- CI.. V. CUa a..a U6O C*.U a W In FAR. W u1 O CL.ww O CC �` a O CO CI _ 0 I- --.....„. o „SO Y Of W U j•O JPt, 01 4ht ��o� L2 a1 _ _.:Jj zeeos oavumeta.),Jy9-3go-'e4c%O6'O'd PETITION IN SUPPORT OF PLANNED UNIT DEVELOPMENT (Valley View Ranch) We, the undersigned, being the owners of lands located within a two (2) mile radius of Valley View Ranch, a proposed Planned Unit Development (the "Project") , having reviewed the plans of the Project, do hereby request that Weld County approve the Project. w N ADDRESS DATE f i � • /2919 gefi•Lna, • /J _ 7/40, !L% 3e.(' forms- 7"eorms-7"e cl'c( . / 7 / /.-7/444 l J.. U :J L. ,� L11 Al,u� T.'.' G ca/U • /J t�SS! 1/w U c S ' / L' " `r Pr) (ADC( Cr (JO tral-ir 35`aos" 147 0s7 0401,. - S- 9/ 7737 O-,c-P 7 -2_ 8—/6 2/ ��., aR o I AsAn_hok r ,-.(0yl,)± u n - (BAvcSk �'�O� �c `704 0 �d40) rt J -105kk A EXHIBIT ,fig in 6- mot('S 3 oF. 01 .kaki `l itch 1 4� .� t - C) pry, - 04ONyl ROY GovernorO R v' , `ta O'I JERState Engineer IS A SON * 4t .L Tv!876/ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303]866-3589 August 28, 1991 if G 11 Mr. Rod Allison SEP 3 1991 Weld County Planning Department Weld Cou 915 10th Street mY Planning Greeley, CO 80631 Re: Valley View Ranch, Case Number Z-463 Section 5, T6N, R67W Water Division 1, Water District 3 Dear Mr. Allison: We have reviewed the above referenced proposal to establish a ten unit P.U.D. located north of Windsor at the corner of State Highway 257 and Harmony Road. The North Weld County Water District has been designated as the source of water, and a verbal commitment for service has been received from Mr. Lyle Nelson (356-3020) of the District office. Since the District confirms adequate water resources to serve this development, we recommend approval. Sincerely, W CO c William C. McIntyre Senior Professional Engineer WCM/clf:vview cc: Alan Berryman, Division Engineer Bruce DeBrine cal 1 ,7p- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 3, 1991 Page 2 Richard Kimmel moved Case Number USR-954, Colorado Engineering Experiment Station, Inc. , be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by LeAnn Reid. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Don Feldhaus - yes ; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried. CASE NUMBER: Z-463 APPLICANT: Harrison Resource Corporation REQUEST: A Change of Zone from A (Agricultural) to a P.U.D. District. LEGAL DESCRIPTION: Part of the NE4 of Section 5 , T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257, and south of and adjacent to the Town of Windsor. Craig Harrison, applicant, thanked Rod Allison for all the help on this P.U.D. process . He displayed exhibits of the proposal and explained the creative concepts of open space loops. There will be an 1800 square foot minimum for all the homes , with a 3 car garage mandatory (for storage) . Ten trees , 3 of which will be evergreens , of a 3" caliber will be planted on each proposed site. This will help fill the barren look of new projects . He explained he went door to door with this proposal before coming before the Planning Commission, to ensure that surrounding property owners had no objections . Jean Hoffman questions the letter about tax revenue from Sheriff Jordan, Weld County Sheriff' s office, enclosed in the package the Planning Commission received. Craig Harrison explained that he sent a rebuttal further explaining the cost of the lots alone would be $30.00 a square foot and the Sheriff' s Office was figuring $60.00 a square foot for the ground and the house. He felt this situation could be remedied once this confusion was addressed. Jean Hoffman asked if the private driveways proposed would create too much of a problem with upkeep. Craig Harrison explained that he is trying to keep lot costs down and let individual users put in the utility connections and driveways onto each proposed lot. Jean Hoffman asked if he thought potential buyers would be willing to do this. Craig Harrison said yes. Bud Clemons asked if mail carriers would deliver since the driveways would be privately owned. Craig Harrison said he had not spoken with the Postal Service, but he thought in similar cases mail was delivered in a cluster of mailboxes located out on the County road. After discussion about the internal roadway system for the P.U.D. , Rod Allison explained the County had minimum standards for roads but not for driveways . 011 954•77 Exhiki C SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 3, 1991 Page 3 Jean Hoffman asked about the livestock issue. She wanted to know about the design of the outbuilding units. Craig Harrison explained an architectural committee will have to sign off on any proposal. Rod Allison read into the record the change from the word "septic" to "sewer" in Condition of Approval #5. The Chairman asked if there was anyone in the audience who wished to speak for or against the application. Scott Jefferson, surrounding property owner, said he had moved to the country to be in the country. He has concerns about police protection. This proposal will affect his cattle feeding operation. Shirley Camenisch wanted to know if this proposal would help the feed and tack store they own and operate. Scott Jefferson said yes. Rod Allison explained the cattle feeding operation had been operating in accordance with an amended Special Use permit. Shirley Camenisch asked how many cattle they fed. Scott Jefferson said 1,500 head. Rod Allison reviewed Condition #5 of the amended Special Use permit. Craig Harrison responded to Scott Jefferson' s comments saying they had been neighbors for 4 years, and that he raises cattle also. He explained when the property was purchased the Jefferson' s acquired a Special Use permit for the horses. This P.U.D. application would benefit Scott Jefferson' s feed and tack store located nearby. The expanded use for cattle had been no problem until this P.U.D. was put into motion. He said the Town of Windsor liked this proposal. The vote at the Windsor Planning Commission meeting had been unanimous. The Chairman asked Rod Allison to read the Planning staff's recommendation into the record. Jean Hoffman moved that Case Number Z-463 , Harrison Resource Corporation, c/o Craig Harrison be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Judy Yamaguchi seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Jean Hoffman - yes ; Judy Yamaguchi - yes; LeAnn Reid - yes; Don Feldhaus - yes ; Shirley Camenisch - yes; Bud Clemons - yes. Mo ried unanimously. Meeting adjourned at :53 p.m. e pectf lly sub ' to , Sha n u s �w Secretary "� - e' � iry d6144, BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-463 NAME: Harrison Resource Corporation, c/o Craig Harrison ADDRESS: 760 Whalers Way, #A200 Ft. Collins, CO 80525 REQUEST: A Change of Zone from A (Agricultural) to a Planned Unit Development (P.U.D. ) LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257. 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 28.5 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 28.7 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan. The proposed P.U.D. District is located within the urban growth boundary area of the Towns of Windsor and Severance. Representatives of the Towns of Windsor and Severance have reviewed the request and found no conflicts with their interests. The uses permitted by the P.U.D. District will be compatible with the future development as projected by affected municipalities. The P.U.D. District and plat notes insure compatibility with existing uses on adjacent properties and within the P.U.D. The uses allowed in the proposed P.U.D. District will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. - North Weld County Water District will provide domestic water service to the P.U.D. District. Individual sewer disposal systems will be used to serve the residential block and public sewer will be used to serve the commercial block of the P.U.D. District. fxhibllc 6 RESOLUTION, Z-463 Harrison Resource Corporation Page 2 Weld County Road 74 and State Highway 257 will provide access to the P.U.D. District. Off-site road improvements for the commercial block of the P.U.D. District shall be determined upon submittal of a P.U.D. plan. No overlay districts, special soil conditions, or commercial mineral deposits are known to be located on the subject site. These determinations are based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commissions' recommendation for approval is conditional upon the following notes being placed on the amended P.U.D. District plat prior to recording. 1. Uses allowed in the P.U.D. District are identified by block and shall comply with uses allowed in the Weld County Zoning Ordinance for C-1 (Neighborhood Commercial) , C-2 (General Commercial) , R-1 (Low Density Residential) , and A (Agricultural) Districts, unless otherwise stated on the P.U.D. District Plat or Plan Plat. 2. All streets within the P.U.D. District are private and shall be built to County standards. The private road system proposed as part of a P.U.D. plan is subject to review by the Engineering and Planning Departments and approval by the Board of County Commissioners. All streets within the P.U.D. District shall be maintained by the homeowners association or developer. 3. Off-site road improvements for commercial uses shall be evaluated and determined upon submittal of a P.U.D. plan. 4. North Weld County Water District shall provide the domestic water supply to the residential and commercial uses. 5. Individual sewer disposal systems shall provide adequate sewer to the residential uses. The commercial uses shall be served by a public sewer system. 6. An animal unit bulk requirement for various species of livestock and a domestic animal requirement shall be established as part of the A (Agricultural) and R-1 (Low Density Residential) P.U.D. plan submittal. 7. No off-site advertising or directional signs are permitted in the commercial block of the P.U.D. District. Q -)Q- RESOLUTION, Z-463 Harrison Resource Corporation Page 3 8. Installation of utilities shall comply with Section 8-16 of the Weld County Subdivision Regulations. 9. Maximum building height shall be 40 feet. 10. No outside storage will be allowed in the commercial block of the P.U.D. District. 11. No home business, commercial use, or noncommercial junkyard will be allowed in the agricultural and residential block of the P.U.D. District. 12. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations. 13. All P.U.D. plans shall comply with the requirements of the Windsor-Severance Fire Protection District, Windsor School District (RE-4) , Oil and Gas Conservation Commission, and Sheriff's Department. Motion seconded by Judy Yamaguchi. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Judy Yamaguchi LeAnn Reid Don Feldhaus Shirley Camenisch Bud Clemons Bud Clemons expressed appreciation for the preliminary recommendation furnished by the Planning staff. He suggested that staff give the Planning Commission an overview each time due to new Planning Commission members who might not have knowledge to what has gone on previously. It is helpful to be able to review of the historical facts with each application. Jean Hoffman thanked Scott Jefferson, surrounding property owner, for appearing and expressing his thoughts. 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. 01 917 RESOLUTION, Z-463 Harrison Resource Corporation Page 4 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 September 3, 1991. Dated the rd of S t b , 1991 C =12C1- Sharyn F. Ruff Secretary q11 op . INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Harrison Resource Corporation Case Number: Z-463 Submitted or Prepared Prior to Hearing At Hearing 1. Application 33 Pages X 2. 1 Application plat 2 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. Field Check, 1 page, dated August 14, 1991, X Jean Hoffman 12. Memo, 1 page, dated August 16, 1991, Drew X Sheltinga 13. Memo, 1 page, dated August 16, 1991, Wes Potter X 14. Letter, 1 page, dated August 12, 1991, Evan X Hooper 15. Letter, 1 page, dated June 27, 1991, Evan Hooper X 16. Memo, 1 page, dated August 12, 1991, Ed Jordan X 17. Memo, 1 page, dated August 16, 1991, Janet X Lathrop 18. Memo, 1 page, dated, August 14, 1991, Barbara X Gomez 19. Letter, 1 page, dated August 14, 1991, Dave Vohs X 20. Letter, 1 page, dated August 9, 1991, John X Schurer 21. Memo, 1 page, dated August 20, 1991, Dwayne X Newman 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 December 7, 1990.a7 gr912, Principal Planner STATE OF COLORADO ) COUNTY OF WELD ) /;01\ JBVERIBED AND SWORN TO BEFORE ME THIS /Q day of 19Q/I. �� i. U ),�E4pt %,":" , S�EAh ARI� :L C • . , My Commission Expires v° p "es i 15, 1994. 01 1 cwgr E_xildsi N EXHIBI"T�"INVENTORY CONTROL SHE' �Case CZ CC SCE Can Exhibit Submitted By Exhibit Description A. pL.(10►nr� _afar()in rb 1 4ilittSL Subrn B. P. n C�rrvru��cn RescLu t6n c -econyneteOLJ tt c. aulla D. Stair Pica. - ni-Ulan 16151 . Rec4ornalencintiOk c� Q Fkar4 E. (UAL cad cb F. /41/1/ fib /Je/k6;-- J G. H. I. J. K. L. M. N. 0. p. Q. R. S. T. U. V. W. X. Y. Z. .r. °","R 'o LAND-USE APPLICATION SUMMARY SHEET Date: August 27, 1991 CASE NUMBER: Z-463 NAME: Harrison Resource Corporation ADDRESS: 760 Whalers Way, #A200 Ft. Collins, CO 80525 REQUEST: A Change of Zone from A (Agricultural) to a P.U.D. District. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in Section 28.7 of the Weld County Zoning Ordinance. P.U.D. DISTRICT FACTS LEGAL DESCRIPTION: The proposed P.U.D. District is located in part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: The proposed P.U.D. District is located south of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257, and south of and adjacent to the Town of Windsor. SIZE: The proposed P.U.D. District is approximately 88 acres in size. USES: The proposed P.U.D. District uses are C-1 (Neighborhood Commercial) , C-2 (General Commercial) , R-1 (Low Density Residential) , and A (Agricultural) . Additional plat notes may regulate uses within the proposed P.U.D. District. DENSITY: Ten lots are proposed for single family dwellings. The lots average 7.8 acres. The commercial area is approximately 10 acres in size. Lot creation occurs at the P.U.D. plan application stage. ACCESS: One residential and one commercial access are proposed to Weld County Road 74. One combined residential and commercial access and one additional residential access are proposed to State Highway 257. WATER: The domestic commercial and residential water supply will be provided by the north Weld County Water District. Some historical water rights with the large parcel will be used to irrigate the P.U.D. District. SEWER: Septic systems are proposed for lots with single family dwellings. Public sewer is proposed for commercial development. LAND USE APPLICATION SUMMARY SHEET Harrison Resource Corporation Z-463 STREET: Streets within the P.U.D. District shall be privately built and maintained to County standards. No off-site road improvements are proposed for lots with single family dwellings. Off-site road improvements for the commercial area shall be evaluated when a final P.U.D. plan is submitted. POLICE PROTECTION: The Sheriff's Department is requesting a law enforcement authority. SCHOOL DISTRICT: The proposed P.U.D. District is located in the Windsor School District (RE-4) . FIRE PROTECTION: The proposed P.U.D. District is located in the Windsor- Severance Fire Protection District. POSSIBLE ISSUE: The application is proposing to provide access to lots one through nine by providing two, 100 to 200 foot long private roads. Lots 3, 4, 5, and 6 as proposed, would access to a gravel road by a flag pole lot configuration several hundred feet in length (please refer to P.U.D. District plat map) . It would be the responsibility of the lot owner to build a driveway several hundred feet to the private road. The County Planning Staff has a concern with this type of access because the driveways could be over 800 feet in length to a building site and there are no minimum standards for building driveways. Although up front development costs are increased, building one private road from Weld County Road 74 and one private road from State Highway 257 appears to be a more efficient road system than several driveways. The County Engineering Department also has concerns about the long driveways (please see County Engineers memo dated August 16) . Referral comments have not been received from Geological Survey. s or,R, i v1•. . . 1 "--- -`-� ' � R . ' --`"/-t.�� c. --� -r , A _ . 1 n"'-li,Iii. 1�is il 104. .. T9N. \ aIJ tt . .�,\ b .�.. I _ I4:1 : ;' ra :. p 102... ¢ a f - t•W ._!.. a_r • • Ek •xr e� is So - �1• .. 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Np A\ F~ R v • �A b*d••• 3l VIM . x ;ti rYi. ,F N. 1' M '�. • Iri''' .. h 4. Iiiiiii lb" - ' ' R -1 tit r, �. _ -_ . ' '' p,AI' IIII1 1 til 7 • /` A e F f R ! , 4 : Mb r9 ' i . u' !311 » •• r� i „ ' "' a ....-0 ii. i '�� - -. • ":,-5.'" ! W< • y'� ₹ s c.. ... .. . .• I - , t -n L reiviiiltill I ! ii 4 . , .. £ 1 .i . _ ...,-., N •M. • �:q, }^. }; • ^.«� q r a n t1t *;:::'..4.4.Q....?..; ' 4.,.i d hk } " • nt", yw. " r ., h w eft r"ir'`�%F vp .4'A.i^`$''tt J .n, :i+•. ^ a 04'if{ t' '' ; � t• x g • • i I.t 1 'Ksa. K'tt 3 ''\. k• v t•.:',..‘.0"— i :17. h �.' '.. L,. •N h ii. FF t t� 1,-; t. V... ,.., I I,., 7 �� 291 I h)\ j 257 \\ O _.� ,� . / „ . , \ �.. i? frINI 1 11 \0� . _ �1 - j I. ,) -•-• ; �' / �� / i� A •I is _ 1 i � _S. .1 �� J 9yo C\.. P , � i� 11 \ / �\\ / �p 3 t X33 31 j 1 / // 1 .� � •� � - �� - � / _ �ip ; zi\ 900 �,I - I /III ! L �� _ �1 � 1`r.s Thompson l/ I4 Lake / \ _ � i w11 I a1 ,' • � � , r L. , • l \ _ Fti j I q1 -'� �� 5I i , iI'i • I re ' (1/ i ( , i (-) �' 1 -. , II. _ Iy Lakr an.a 7 i. l r 'll. rt,,. na , J i ', I� ( I - f LI ^ .. o '� i � J ,•J • ., �.�. 8 _ ,n — / \ '9,) i* ` � .n„i 257 . . / — �J i �� (5-,--;) / _ C 7 �0 8 ceio , 4 9 A m N 0 0° "I MQ -0 a d , • _. • ,i PJt JJ • • �._ , • Avery ��j�0o N _� . - - FIELD CHECK FILING NUMBER: S-317 DATE OF INSPECTION: June- 25, 1991 APPLICANT' S NAME: Harrison Resource Corporation REQUEST: A Planned Unit Development (Agricultural, R-1, C-1, and C-2) uses. LEGAL DESCRIPTION: Part of the E2 NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to Highway 257, south of and adjacent to the Town of Windsor. LAND USE: N Weld County Road 74, agricultural production, Amended USR- 735 (cattle feedlot, horse stable) . E Agricultural production, 2 residences. S Agricultural production, 2 residences. W Agricultural production, 2. residences. • ZONING: N Windsor Planned Unit Development (Commercial and Industrial) A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Existing access to the parcel is from State Highway 257 . State Highway 257 has a total future right-of-way of 150 feet. Weld County Road 74 is located north and adjacent to the subject parcel. Weld County Road 74 is a paved county arterial road with a total right-of-way of 100 feet. Existing improvements on the parcel include a single family house, a metal shed, 3 additional outbuildings , livestock pen, and an irrigation ditch lateral system. The lateral system runs from north to south across the parcel. A small lateral branches off to the east, north of the existing improvements . The property slopes gently from the north to south. The livestock pen drains to the southwest. The balance of the 87 acre parcel is used for agricultural production. 1,7 ‘)‘)---- 'Principal Planner "q REFERRAL LIST NAME: Harrison Resource Corporation CASE NUMBER: Z-463 REFERRALS SENT: August 2, 1991 REFERRALS TO BE RECEIVED BY: August 16, 1991 COUNTY TOWNS and CITIES X Attorney - PLAT ONLY Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office Dacono X Sheriff's Office _Eaton X Engineering Erie _Housing Authority _Evans _Airport Authority Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City . X Division of Water Resources Gilcrest X Geological Survey - MONEY DELIVERED _Greeley Department of Health Grover X Highway Department Hudson Historical Society Johnstown _Water Conservation Board Keenesburg _Oil and Gas Conservation Commission _Kersey (NO OBJECTIONS-SEE SKETCH PLAN) La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead _Brighton F-3 Milliken _Eaton F-4 _New Raymer _Fort Lupton F-5 Northglenn Galeton F-6 Nunn Hudson F-7 Platteville_ Johnstown F-8 X Severance_ La Salle F-9 Thornton Mountain View F-10 - X Windsor _Milliken F-11 Nunn F-12 COUNTIES_ Pawnee F-22 Adams_ _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corp of Engineers X Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration Western Hill F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. _Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission X Greeley • X Mr. James R. Raine Longmont School District RE-4 _West Adams P.O. Box 609 Windsor, CO 80550 COMMISSION/BOARD MEMBER X Jean Hoffman 01._44?5?-' ' OF_cot �� 0 O,P n O, ROY R. ROMER * *w, /o " � JOHN W. BOLD GOVERNOR * " ( + d DIRECTOR * /876 ♦.- x •vv c• i^r 1 I , +t COLORADO GEOLOGICAL SURVEY• � , ti(( DEPARTMENT OF NATURAL RESOURCES` f 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET I DENVER, COLORADO 80203 PHONE (303)866-2611 August 22 , 1991 WE-92-0001 Mr. Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Proposed Valley View Ranch P.U.D. Dear Mr. Allison: At your request and through Mr. Craig Harrison of Harrison Resource Corporation, proponent of the project referenced above, we have, in accordance with Senate Bill 35 (1972) , reviewed the materials submitted for and made a field inspection on August 21, 1991, of this proposed P.U.D. The following comments summarize our findings. (1) Because of probable variability of soils and surficial materials over the project area, we recommend that each structural foundation be designed after an individual soils and foundation investigation. A qualified soils and foundation engineer should both design and supervise the construction of all building foundations. (2) For reasons similar to (1) , septic systems should be individually designed. Variability in percolation rates should be expected from place to place on the property and it may be necessary, in some cases, to construct engineered septic systems. The number of lots proposed, considering the amount of common open space, should be compatible with septic. (3) A shallow perched ground-water table probably exists in places on the property, and seasonally (spring and summer) this condition might cause problems for structures with below grade space (basements) . The soils and foundation engineer in (1) should investigate this condition coincident with the soils and foundation investigation for each structure. GEOLOGY O , �..: STORY OF THE PAST... KEY TO THE FUTURE Mr. Rod Allison August 22 , 1991 Page 2 Generally, as discussed in the submitted supporting documents, this appears to be a well thought out project which is compatible with surrounding land uses. The geology-related constraints indicated above are entirely surmountable, but may result in somewhat higher than ordinary house construction costs for individual lot purchasers. Sincerely, pp mes M. Soule gineerirg Geologist cc: Mr. Craig Harrison O .e 4,, FIELD CHECK n FILING NUMBER: Z-463 DATE OF INSPECTION: V - / / 7 PRINCIPAL PLANNER: PLANNER: Rod Allison APPLICANT'S NAME: Harrison Resource Corporation REQUEST: A Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway 257, and south of �and adjacent to the Town of Windsor. LAND USE: N /7Gw<G(y /Low P( �cU /) I /Pc't v7/u�c� Q ��✓ rvi C�E e0 s vi atk a _ W �a 1 U% �aAjtal d / ' kevi „ � ZONING: N A (Agricultural) Amended USR ,735, and Town of Windsor) 4C11 E A (Agricultural) 4 e S A (Agricultural) et. N W in ie �A'�� airet W A (Agricultural) COMMENTS' Autz— cern-X_O Y //, � p pht�. o�L c�iu et-4 Gn z ajecALAd o rnrafiax± f G'o . i ,--.,r_ i �+,, AUG i 1991 1 j a ` fir. t� mEMORAnDum Wilk Rod Allison, Planning August 16, 1991 7e Data Drew Scheltinga, County Engineer COLORADO From Change of Zone - Harrison Resource Corp. Z-463 subject: I have no objection to the proposed change of zone. As indicated in the application on page 7, in the section titled "Transportation" , when the commercial area is developed, improvements to Weld County Road 74 will be required. It is not reasonable to estimate what those improvements might be at this time. Therefore, requirements for detailed traffic study and improvements, should be included in the PUD process. I do not agree with the proposed method of access to the residential sites. There should be a single, private drive and utility easement extending to the furthest lot to be served. This is a minor issue that should not affect the zoning decision, and can be addressed during the PUD review. V411 \ , DS/mw:pr.mrw cc: Commissioner Harbert Planning Referral File - Harrison Resource Corp. , Z-463 01a' g7q f ce MEMORAnDum WilkTo Weld County Planning Date August 16. 1991 COLORADO From Wes Potter. Director. Environmental Protection Services \IIO� Subject:Case Number: Z-463 Name: Harrison Resource Corporation CC 1. A preliminary study of soils and geologic conditions at the site, including percolation data from separate sites in this subdivision, is required before this Division can evaluate this proposal. WP/cs-316 \, ��; 1 �„1 01 a C"Rt' STATE OF COLORADO DIVISION OF HIGHWAYS t �A �t P.O. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 x''S,,:_O.1O° ' OF d` g<OV 7 �� _FL AUG 1 1991 b ._____ .______ -A-t Weld Co. , S.H. 257 Weld Couaty Planning Valley View Ranch Change of Zone to P.U.D. , SW Corner S.H. 257 & C.R. 74 August 12, 1991 Mr. Rod Allison, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 , Dear Mr. Allison: We have reviewed the Harrison Resource Corporation application for change of zone for the Valley View Ranch project, and our comments on the development remain the same as in our letter of June 27, 1991. A copy of that letter is attached. It is recognized that there has been a Lot added on the southern portion of the development, and that access for that Lot is to be a shared access with four other Lots. The addition of another dwelling to the shared access does not cause the need for speed change lanes for the access. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, ��° is t C/ Evan A. Hooper,/Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G.E. Sisson T File O1 . .C q` . STATE. OF COLORADO DIVISION OF HIGHWAYS Q'H T OF\ P.O. Box 850 " "�'^" Greeley, Colorado 80632-0850 �/�`Fa (303) 353-1232 June 27, 1991 770.7��ygi c-. F7 Weld Co. , S.H. 257 l�rIS) Valley View Ranch QtiC 13 1991 � PUD Sketch Plan Mr. Rod Allison, Planner L Lt _ SW Cor. S.H. 257 & Weld f Planning F�i/�l3Coin-Ty 'P��n 9 Weld Co. Rd. 74 County 914 Tenth Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the application from Harrison Resource Corporation regarding the Valley View Ranch proposal , and we have the following comments: Projected traffic on S.H. 257 indicates the need for a 150 foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property is apparently 50 feet west of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. The single access to the state highway from Lots 5, 6, 7 and 8 will require an Access Permit to be issued by this office. There will not be any requirements for speed change lanes for that access with the level of construction and traffic indicated. The point of that access appears to be in a reasonable location given the physical dimensions of the property. The existing access to the single family dwelling on Lot 9 may remain as it now exists without the need for an access permit. At such time that Lot 10 is developed commercially, it will be necessary to reassess whether the need exists for a commercial access to the state highway, and the configuration of that access. At this time, it seems reasonable that a joint commercial/residential access allowing right in, right out only movements could be shared with the residents of Lot 9. The change in use of Lot 10 would definitely trigger the need for an Access Permit. If any new utility lines or connections are proposed within the state highway right of way, Mr. Henry Rangel of this office should be contacted at 350-2111 regarding the need for a Utility Permit. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very ly yours, C./ /�7L' A r' _am 6/ Evan A. Hooper, Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost R. Sherriff File al ric ", c ,,,.; .. yr rNc_9 !,.�\I INTER - OFFICE MEMORANDUM, . \ r i t;;, T0: Rod Allison, Principal Planner t �. a ��;ka`° co% FROM: Sheriff Ed Jordan Q. "r DATE: August 12, 1991 t~tnr=- -:,(-:-,--' .1 RE: Valley View Ranch S 7 a—,L i\2 1.1 1 ti LL- _ ..�__y Wela Cos my a idnning I sent an earlier memorandum about this project on June 24 , 1991 . There were no conflicts with our interests at that time. However, the conditions in the most recent proposal have changed. The earlier proposal proposed the same number of homes but with a 2500 square foot minimum. The square footage in the most recent proposal has been reduced to 1, 800 square feet. The developer, however, indicates the value of these homes would remain in the $125,000 to $250,000 range as was initially indicated. Current construction estimates are approximately $60 per square foot while the developer is indicating about $70 . I believe the developer' s value estimates are overstated which translates into lower assessed valuations . Using current construction cost estimates of $60 per square foot, the value of an 1,800 square foot home would be approximately $108,000 . Using uniform estimate formulas developed in conjunction with the Director of Finance, the likely estimated tax revenue for Sheriff ' s services would be $930 annually at build-out. We programmed 10 hours of neighborhood education activity, 14 hours of major case investigation, and 14 hours of call response service totalling 38 hours annually. At present cost, this level of service would cost $1, 026 . This exceeds projected revenues and does not include any margin for additional services, including the Jail, that may be necessary. Based on the latest analysis, I recommend that approval for this development be contingent upon the establishment of a Law Enforcement Authority. el 49R:. 830-8?-0?9 ['n DEPARTMENT OF PLANNING SERVICES l07 PHONE(303)3564000,EXT.4400 ip1 I 91510th STREET AUG 1 9199t GREELEY,COLORADO 80631 C. UWald County Planning COLORADO August 2, 1991 CASE NUMBER: Z-463 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. The parcel of land is described as part of the NE4 of Section 5, T6N, 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 and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway 257, and south of and adjacent to the Town of Windsor. 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 August 16, 1991 so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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. Signe Agency: Date: /7/ O 01 .s �-� cgs (fill kil DEPARTMENT OF PLANNING SERVICES lirnit PHONE(303)3564000,EXT.4400 ' ter„ 91510th STREET e i ��:`�'�[,�� GREELEY,COLORADO 80631 o,,, ,,i-A__D.6,...:iti;_ilCOLORADO ` August 2, 1991 CASE NUMBER: Z-463 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. The parcel of land is described as part of the NE4 of Section 5, T6N, 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 and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway 257, and south of and adjacent to the Town of Windsor. 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 August 16, 1991 so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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. ,/C 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:�i T(J)/r9 �ynkn Agency:Tt`1[i5�j Cl �E.:.IJ��LI � Date: $�-I 4 -eki i 08/14/91 09:09 KODAK COLORADO BLDG C-29 P.03 WINDSOR FIRE DEPARTMENT 728 Main Street •Windsor,Colorado 80550•(303)686-2626 August 14, 1991 AUG 1 '; 1'" " 'I• Weld County l i'innini) Rod Allison Dept. of Planning Services Rod, In reviewing the Change of Zone Application (Case Number Z-463) the following are recommendations by our department. 1. Road surfaoe shall be in accordance with county requirements. (excluding private driveways) 2. Road dimens ,q`}-y�, shall be in acordance with county requirements. (exclud�i!fE'�: .k'$�' ; aFriri►jaf,,,twe)�' 3. Cul-de. ,a.C,s,are 't01„.1jpp,, 9'&Ahem*? fee,'G Sn ,¢iameter- 4. A firijha .~nt w434p.a till. �f3 ,I 44e40, M be installed d.; •• 3 b0 GP at the lit cc, i'on i . 22,,76'+ *Xr ct location to be detelnl4411`1: Y,..the..a .e._ IL.y;hJ< r::; . . :.•:.1•'r• }I" ,.. kr�r. If you have ,. 4287 . ry p:iGMg'.. Thank you Dave Vohs Chi.ef , Windsor Fire Dept. AUG 14 ' 91 9: 02 3036860482 PAGE . 003 ≥.'! .372.574.-p ROY ROMER �NT p', JERIS A. DANIELSON Governor I, State Engineer * * \# " 4 */876/ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303]866=3589 August 9, 1991 L 711-11[35771F-7 Mr. Rod Allison Weld County Planning Department �� AUK r 1991 915 10th Street 1 y Greeley, CO 80631 t ` 2. - Re: Valley View Ranch, S-317 NE1/4, Sec. 5, T6N, R67W, 6TH PM Dear Mr. Allison: We have reviewed the above referenced proposal to create ten rural single-family residential lots on a 92.06 acre parcel. The North Weld County Water District has been designated as the source of water; however, no letter of commitment for service has been submitted. Information available in our files indicates that the District may have sufficient water resources to serve this development. We have no objection to the proposal and recommend approval. If you have any questions, please contact me. Sincerely, Je kAdvrr SG.R,t AA/ John T. Schurer, P.E. Senior Water Resources Engineer JTS/clf:valleyv.wpf cc: Alan Berryman, Division Engineer 0-,74 r,,,,,._, , ,,,,, ,.0 „......._,,r,,, DEPARTMENT OF PLANNING SERVICES 1 r+1 Ic-)� Yi&fli PHONE(303)3564000,EXT.4400 �J 2 �-•Il-"` 91510th STREET NOG 2 ' 1991 in 80631 wilgC. ,nleid Gaun1Y Pi9nnin9 COLORADO August 2, 1991 CASE NUMBER: Z-463 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. The parcel of land is described as part of the NE4 of Section 5 , T6N, 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 and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway 257 , and south of and adjacent to the Town of Windsor. 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 August 16, 1991 so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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. L./ 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 /le\tter. / / Signed< / l e jr/(,/Z r-/ytdin Agency: (,V -eel /) ...2,4 /�� Date: / / (/�/- SURROUNDING PROPERTY OWNERS INTEREST OWNERS, MINERALS AND/OR SUBSURFACE ESTATE HARRISON RESOURCE CORPORATION Z-463 Tom E. and Annette A. Leazer 2801 Dunbar Avenue Fort Collins, CO 80526 Amigo Farms, Inc. 1200 Carousel, Suite 100 Windsor, CO 80550 Joy A. Jefferson 35 Martin Lane Englewood, CO 80110 Peter C. and Nancy D. Hyland 2515 Falcon Road Fort Collins, CO 80526 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 K & M Company 3201 Shore Road Fort Collins, CO 80524 Lucille P. Stockover 39 Ward Drive, Suite 201 Greeley, CO 80634 Luana M. Simmons 2930 Silverwood Drive Fort Collins, CO 80525 Colorado Land Services (A Colorado General Partnership) 5411 Gunbarrel Circle Longmont, CO 80503 cal i '254— ,or (��ryrY`�� 1 STATE OF COLORADO ) \k_i��)s,s, AUG 2 ? 1991 1COUNTY OF WELD ) __,-_ _ V.F^ ,l oy '.'j r?t,w.,4.... David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and _ uninterruptedly , published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado,, entitled "An Act NOTICE OF PUBLIC HEARING to regulate the printing of legal The Weld County nst Planting Commission will a public notices and advertisements, " and hearing on Tuesday,conduct 3, 1991, at 1:90 p.m. to review a amendments thereto; that the notice r nest for approval of a e P.U.D. from A ( -1 C-1,)to Of which the annexed is a printed uses. he parcel clans p C-3) uses. The pared o) land la copy taken from said newspaper, was �on Tel x97710 of a �gN P.M., Weld County, Colorado, published in said newspaper, and in containing 89 acres, more or less. The propertyis located south of the regular and entire issue of andaljaeerdtoWeldComityRoad every number thereof 71• west of and adjacent to a Colorado Highway 757, and Bondi 1 of and adjacent to the Town of Windsor. once a week for —The public nearing to be held by the Weld County Planning successive weeks; that said notice Commission for the consideration of the above referenced ep was so published in said newspaper will be ducted m ther {vteld County Commissioners Hearing proper and not in any supplement Ce�nLnnialstCentteer, 915 thereof , and that the first Street, or ob jections relate w Comments publication of said notice as the above requestshould be submitted m witting to the Weld aforesaid was on the County Department of Planning Services, 915 Tenth Street, Boom Greeley, Colorado 806ffi lA '� q More the above da@ or presented 7 day of �t.l,t� ` 19 1 I at the public hearing on. Y r 1 Copies of the application are available for public inspection in the Department of Planning Service' Room 319, Weld County and the last on the day of Centennial Center 915 Tenth Street Greeley, Colorado - Phone (�""�u�'' I 19 q Bud CO,Ext -Vine Extension 400.Chairman Weld Planningw Comadssion V97),(4) o - (1w) tlm by � .f 11r New Nerve Subscribed and sworn to before me this ,(� day of a'75 �c-c.r / , 1922e. J/ rr�>,,:,q,_ti5�' `'"' 01 s‘ MyCommis,inr, • 1.11 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 91510th STREET 111 ipG REELEY,COLORADO 80631 C. COLORADO August 2, 1991 Harrison Resource Corporation 760 Whalers Way, #A200 Ft. Collins, CO 80525 Subject: Z-463 - Request for a Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses on a parcel of land described as part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Harrison: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for September 3, 1991, 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 location within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Windsor and Severance Planning Commissions for their review and comments. Please call Janet Lathrop in Windsor at 686-7476 and Bobbi Haas in Severance at 356-4000, ext 4289 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 August 23, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than August 24, 1991. 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-o£-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. c� p 40: ,54," Harrison Resource Corporation Z-463 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Aza: Rod Allison Principal Planner .; er7t.e ,... I LAND-USE APPLICATION SUMMARY SHEET Date: August 27 , 1991 CASE NUMBER: Z-463 NAME: Harrison Resource Corporation ADDRESS: 760 Whalers Way, #A200 Ft. Collins, CO 80525 REQUEST: A Change of Zone from A (Agricultural) to a P.U.D. District. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in Section 28.7 of the Weld County Zoning Ordinance. P.U.D. DISTRICT FACTS LEGAL DESCRIPTION: The proposed P.U.D. District is located in part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: The proposed P.U.D, District is located south of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257 , and south of and adjacent to the Town of Windsor. SIZE: The proposed P.U.D. District is approximately 88 acres in size. USES: The proposed P.U.D. District uses are C-1 (Neighborhood Commercial) , C-2 (General Commercial) , R-1 (Low Density Residential) , and A (Agricultural) . Additional plat notes may regulate uses within the proposed P.U.D. District. DENSITY: Ten lots are proposed for single family dwellings . The lots average 7.8 acres. The commercial area is approximately 10 acres in size. Lot creation occurs at the P.U.D. plan application stage. ACCESS: One residential and one commercial access are proposed to Weld County Road 74. One combined residential and commercial access and one additional residential access are proposed to State Highway 257 . WATER: The domestic commercial and residential water supply will be provided by the north Weld County Water District. Some historical water rights with the large parcel will be used to irrigate the P.U.D. District. SEWER: Septic systems are proposed for lots with single family dwellings. Public sewer is proposed for commercial development. LAND USE APPLICATION SUMMARY SHEET Harrison Resource Corporation Z-463 STREET: Streets within the P.U.D. District shall be privately built and maintained to County standards. No off-site road improvements are proposed for lots with single family dwellings. Off-site road improvements for the commercial area shall be evaluated when a final P.U.D. plan is submitted. POLICE PROTECTION: The Sheriff's Department is requesting a law enforcement authority. SCHOOL DISTRICT: The proposed P.U.D. District is located in the Windsor School District (RE-4) . FIRE PROTECTION: The proposed P.U.D. District is located in the Windsor- Severance Fire Protection District. POSSIBLE ISSUE: The application is proposing to provide access to lots one through nine by providing two, 100 to 200 foot long private roads. Lots 3, 4, 5, and 6 as proposed, would access to a gravel road by a flag pole lot configuration several hundred feet in length (please refer to P.U.D. District plat map) . It would be the responsibility of the lot owner to build a driveway several hundred feet to the private road. The County Planning Staff has a concern with this type of access because the driveways could be over 800 feet in length to a building site and there are no minimum standards for building driveways. Although up front development costs are increased, building one private road from Weld County Road 74 and one private road from State Highway 257 appears to be a more efficient road system than several driveways. The County Engineering Department also has concerns about the long driveways (please see County Engineers memo dated August 16) . Referral comments have not been received from Geological Survey. FIELD CHECK FILING NUMBER: S-317 DATE OF INSPECTION: June- 25, 1991 APPLICANT' S NAME: Harrison Resource Corporation REQUEST: A Planned Unit Development (Agricultural, R-1, C-1, and C-2) uses. LEGAL DESCRIPTION: Part of the E2 NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to Highway 257 , south of and adjacent to the Town of Windsor. LAND USE: N Weld County Road 74, agricultural production, Amended USR- 735 (cattle feedlot, horse stable) . E Agricultural production, 2 residences . S Agricultural production, 2 residences . W Agricultural production, 2. residences . • ZONING: N Windsor Planned Unit Development (Commercial and Industrial) A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS : Existing access to the parcel is from State Highway 257 . State Highway 257 has a total future right-of-way of 150 feet. Weld County Road 74 is located north and adjacent to the subject parcel. Weld County Road 74 is a paved county arterial road with a total right-o£-way of 100 feet. Existing improvements on the parcel include a single family house , a metal shed, 3 additional outbuildings , livestock pen, and an irrigation ditch lateral system. The lateral system runs from north to south across the parcel. A small lateral branches off to the east, north of the existing improvements . The property slopes gently from the north to south. The livestock pen drains to the southwest. The balance of the 87 acre parcel is used for agricultural aroduction. / i /i °rincical Planner REFERRAL LIST NAME: Harrison Resource Corporation CASE NUMBER: Z-463 REFERRALS SENT: August 2, 1991 REFERRALS TO BE RECEIVED BY: August 16, 1991 COUNTY TOWNS and CITIES X Attorney - PLAT ONLY _Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office Dacono X Sheriff' s Office _Eaton XEngineering _Erie _Housing Authority _Evans _Airport Authority _Firestone Building Inspection _Fort Lupton Frederick _ STATE _Garden City ' X Division of Water Resources Gilcrest X Geological Survey - MONEY DELIVERED _Greeley Department of Health _Grover • X Highway Department _Hudson _Historical Society _Johnstown _Water Conservation Board Keenesburg _Oil and Gas Conservation Commission _Kersey (NO OBJECTIONS-SEE SKETCH PLAN) La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ _Berthoud F-2 _Mead _Brighton F-3 _Milliken _Eaton F-4 _New Raymer _Fort Lupton F-5 _Northglenn _Galeton F-6 _Nunn _Hudson F-7 Platteville Johnstown F-8 X Severance _ La Salle F-9 _Thornton Mountain View F-10 - X Windsor _ _Milliken F-11 Nunn F-12 COUNTIES _ _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corp of Engineers X Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hill F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ _Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission X Greeley X Mr. James R. Raine _Longmont School District RE-4 _West Adams P.O. Box 609 Windsor, CO 80550 COMMISSION/BOARD MEMBER • X Jean Hoffman CA4 „r. FIELD CHECK // FILING NUMBER: Z-463 DATE OF INSPECTION: /`1 7 PRINCIPAL PLANNER: PLANNER: Rod Allison APPLICANT'S NAME: Harrison Resource Corporation REQUEST: A Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway 257, and south of and adjacent to the Town of Windsor. r l 4if LAND USE: N �� w<� /L r ()� Nem,-ni /Cx / h/u�GZ� e(�v-wi E n t�.+,-`-� /Lea.-L CO ,.2 5'7 I u w na, VvLA: 5 a C it t /Ler"-i"J , ' N`—L"•-1-.,,.ARC 4- "A-1-"L ZONING: N A (Agricultural) Amended USR 735, and Town of Windsor) E A (Agricultural) , Lt F S A (Agricultural) J,, . ; W A (Agricultural) u J COMMENTS i go'�'�� a/C-c-A— ( 3 — _ Ct-�� fic .�'O -"&c" C a--vim U[.�� ! �) �7 / "1---,,‘„/„2,4., t tiJi 4 ' /7 7 2 2 CI AUG :9:31 , ;� ; Date: September 3, 1991 CASE NUMBER: Z-463 NAME: Harrison Resource Corporation, c/o Craig Harrison ADDRESS: 760 Whalers Way, #A200 Ft. Collins, CO 80525 REQUEST: A Change of Zone from A (Agricultural) to a Planned Unit Development (P.U.D. ) LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257. 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 28.5 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 28.7 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan. The proposed P.U.D. District is located within the urban growth boundary area of the Towns of Windsor and Severance. Representatives of the Towns of Windsor and Severance have reviewed the request and found no conflicts with their interests. The uses permitted by the P.U.D. District will be compatible with the future development as projected by affected municipalities. The P.U.D. District and plat notes insure compatibility with existing uses on adjacent properties and within the P.U.D. The uses allowed in the proposed P.U.D. District will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. North Weld County Water District will provide domestic water service to the P.U.D. District. Individual septic systems will be used to serve the residential block and public sewer will be used to serve the commercial block of the P.U.D. District. Weld County Road 74 and State Highway 257 will provide access to the P.U.D. District. Off-site road improvements for the commercial block of the P.U.D. District shall be determined upon submittal of a P.U.D. plan. RECOMMENDATION, Z-463 Harrison Resource Corporation Page 2 No overlay districts, special soil conditions, or commercial mineral deposits are known to be located on the subject site. These determinations are based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services staff recommendation for approval is conditional upon the following notes being placed on the amended P.U.D. District plat prior to recording. 1. Uses allowed in the P.U.D. District are identified by block and shall comply with uses allowed in the Weld County Zoning Ordinance for C-1 (Neighborhood Commercial) , C-2 (General Commercial) , R-1 (Low Density Residential) , and A (Agricultural) Districts, unless otherwise stated on the P.U.D. District Plat or Plan Plat. 2. All streets within the P.U.D. District are private and shall be built to County standards. The private road system proposed as part of a P.U.D, plan is subject to review by the Engineering and Planning Departments and approval by the Board of County Commissioners. All streets within the P.U.D. District shall be maintained by the homeowners association or developer. 3. Off-site road improvements for commercial uses shall be evaluated and determined upon submittal of a P.U.D. plan. 4. North Weld County Water District shall provide the domestic water supply to the residential and commercial uses. 5. Individual sewer design systems shall provide adequate sewer to the residential uses. The commercial uses shall be served by a public sewer system. 6. An animal unit bulk requirement for various species of livestock and a domestic animal requirement shall be established as part of the A (Agricultural) and R-1 (Low Density Residential) P.U.D. plan submittal. 7. No off-site advertising or directional signs are permitted in the commercial block of the P.U.D. District. 8. Installation of utilities shall comply with Section 8-16 of the Weld County Subdivision Regulations. CA .c 05r RECOMMENDATION, Z-463 Harrison Resource Corporation Page 3 9. Maximum building height shall be 40 feet. 10. No outside storage will be allowed in the commercial block of the P.U.D. District. 11. No home business, commercial use, or noncommercial junkyard will be allowed in the agricultural and residential block of the P.U.D. District. 12. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations. 13. All P.U.D. plans shall comply with the requirements of the Windsor-Severance Fire Protection District, Windsor School District (RE-4) , Oil and Gas Conservation Commission, and Sheriff's Department. 611 HARRISON RESOURCE CORPORA TION / Now HCb VIII GC cur Ipo y �nap r 'em"1/4"0"" 4a 4 o-pai it dw . I�t�ak 44 ow VALLEY VIEW RANCH A Quality Rural Living Environment REQUEST FOR P.U.D. DISTRICT ZONING July 31, 1991 Marketing and Information of Front Range Water and Land Resources 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525 (303)-226-4100 C)1 99" TABLE OF CONTENTS • Narrative Explanation Section A • Application Form Section B • Names of Property Owners Within 500 Feet Section C • Affidavit of Mineral Ownership Section D • Initial Draft of Protective Covenants Section E • Plat Map Section F • Vicinity Map Section G 911.? ", SECTION A Narrative Explanation - .911753"; HARRISON RESOURCE CORPORATION r or YOU!Land And Nalural Resource Invesimenls July 31, 1991 Mr. Rod Allison Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Valley View Ranch P.U.D., Change of Zone Dear Mr. Allison: Please find enclosed our Planned Unit Development District Change of Zone Application. Also enclosed please find checks for $750.00 as an application fee, $10.00 for the Change of Zone Recording Plat Fee, and 30 additional packages for the project. The goals and objectives of our Valley View Ranch project are as follows: Goals and Objectives of the Valley View Ranch: ♦ To create a quality rural living environment that will complement the existing land use in the surrounding area. ♦ To emphasize the magnificent mountain views and view of the Poudre River Valley to the South - and West. ♦ To provide an open space trail connection between the home sites to allow for walking, exercise, and horseback riding. ♦ To build a quality project that will enhance the quality of life in the area, due to its visibility from both Harmony Road and State Highway 392. ♦ To provide for future commercial uses at the intersection of Harmony Road and State Highway 257. ♦ To fulfill a need requested by a large number of people looking for a country living environment of 3 to 15 acre homesites in the North Windsor area. ♦ To balance the needs of Weld County, the neighborhood, the market place, and the physical characteristics of the land, while remaining economically feasible. The following comments are in regards to different details to our proposed P.U.D. located north —_ of Windsor at the corner of State Highway 257 and WCR 74, also known as Harmony Road: Marketing and Information of Front Range Water and Land Resources 760 Whalers Way-Suite P200. Fort Collins. Colorado 80525 (303)-226-4100 ••4- ': Valley View Ranch P.U.D. Page 2 1. Map and Application Form: See Attachment. 2. General Plan: Harrison Resource Corporation is the owner of approximately 88 net acres which are also known as Lot "A" and Lot "B" of Amended Recorded Exemption #0807-5-1-RE465, recorded November 16, 1987 in Book 1176 as Reception No. 2121314. The reason we are applying for a P.U.D. District Zone is in order to combine 2 zoning types within 1 property, being approximately 10 acres for future commercial development, and 78 acres for low-density residential. The 10 acre commercial zoning will preserve, for future commercial use, the strategic location of the Harmony Road/State Highway 257 intersection, which is the only major intersection for three miles in all directions. The residential portion of the P.U.D. will consist of ten residential home sites, one of which has the existing farmstead included. The P.U.D. will utilize the uniqueness of a ridge with a south west slope running through the property, and encourage the use of passive solar in construction. All homesites are oriented with a westward mountain view. This property is geographically one of the last properties east of Fort Collins that offers both a mountain view and view of the Poudre River Basin simultaneously. The name Valley View Ranch was established because of this magnificent view. In the residential area, architectural types will be single-family homes, up to 2 1/2 story construction. A minimum of 1,800 to 2,000 square feet will be established to create large homes with quality environment in the entire subdivision. It is anticipated that the value of the homes will range between $125,000 and $250,000. Within the residential lots, a building envelope of approximately 1 to 1'/z acres will be created where the home and any associated out-buildings will have to be built within. This concept will protect the view from the different lots so that another lot owner could not build in front of the view. A Homeowners Association governed by restrictive covenants will be created and managed by the homeowners. There will also be an Architectural Control Committee that will be established with the project. Some water rights that have historically been used on the property shall be deeded to either the Homeowners Association or to a form of water-users association, and will allow for the irrigation of lots 1, 2, 3, 4, 5, 6 and 11. It is anticipated that the early flood water rights, the carrying rights, and one share of reservoir water will be deeded to this organization and then pro-rated out to those lots. When the commercial uses develop on lot 11, then that property will cease to be irrigated with irrigation water, and its water proportion will be turned over to the rest of the organization. Irrigation of landscape within the final commercial portion will be by domestic water supply. - In regards to livestock on the property, within the covenants, livestock restrictions shall be established. It is anticipated that those restrictions will allow up to a maximum of six total animal units on lots 1, 2, 3, 4, 7, 8, 9, and 10. Lots 5 and 6 will cad ?Fr, Valley View Ranch P.U.D. Page 3 allow up to 10 animal units. These animal units will be either one horse, one cow, or — one llama per animal unit. In regards to sheep, two sheep will equal one animal unit. In regards to rabbits or chickens, four will equal one animal unit. Swine will not be allowed in the project. No commercial activities whatsoever, such as the boarding of animals, will be allowed in regards to livestock. There will also be limits on domestic animals like dogs and cats, of 2 adults of each type per lot. Until commercial activity takes place on lot 11, animals may be kept with a limit of 6 animal units. Lots 1, 2, 3, 4, 5 and 6 will allow full grazing of the lots. Lots 7, 8, 9, 10, and 11 will only allow animals to be confined to a paddock area, containing no more than 1/2 an acre. This concept should result in a "green" natural look on the balance of the lots not being grazed. It is anticipated that within the commercial portion of the P.U.D. will be a neighborhood service center and/or small business/office park, including the possibilities of auto repair, and other service oriented business. No outside storage will be allowed. It is anticipated that uses under both Weld County C-1 and C-2 zoning will be allowed. 3. Weld County Comprehensive Plan: In reviewing the policies of the Weld County Comprehensive Plan dated September 22, 1987, I feel that the Valley View Ranch Project meets the goals and policies of Weld County. _ (a) Agricultural Goals: The project will create a preservation of agricultural use in the county by establishing large lots that will mostly be irrigated with irrigation water. The project also is not being developed on prime agricultural lands, or mineral resource lands. Valley View Ranch also meets the goal of encouraging development adjacent to existing incorporated municipal lands and meets the agricultural goals of locating commercial use along existing highways which would not disrupt travel. (b) Urban Growth Boundary Goals: The project is located adjacent to existing municipal lands, while meeting the goal of maintaining the rural character of the area. It also meets the goals of compatible land uses surrounding the project, in that there are approximately 15 to 20 like-kind properties within a one mile diameter of the project. (c) Commercial and Residential Goals: Valley View Ranch preserves a very strategic intersection, at Harmony Road and Highway 257, for future commercial uses. In regards to residential goals, the project utilizes public services of the North Weld County Water District, which serves domestic water in the area. It also provides quality housing for Weld County residents and — promotes efficient and cost effective delivery of public facilities, including the transportation network. e • Valley View Ranch P.U.D. Page 4 (d) Planned Unit Development Goals: Valley View Ranch does combine uses of — two or more zoning districts. The project encourages creative approaches to land development, with its open space trail which links all the residential lots together for enjoyment, trail riding, or exercise within the project. It also takes advantage of the efficiencies and cost effectiveness of using the existing public water supply, supplied by the North Weld County Water District lines, and the main paved road transportation systems of Harmony Road and State Highway 257. (e) Other Goals and Policies: Concerning other goals and policies of different - agencies, the project has received initial information from the Towns of Windsor, Severance, the Windsor School District, the Weld County Sheriff, the US Army Corp. of Engineers, the Colorado Oil and Gas Commission, the State Highway Department, Weld County Road Department, the Windsor/Severance Fire Protection District, and the Weld County Health Department. In reviewing these responses, there were very few changes proposed. We therefore conclude that these agencies feel the project is within the scope of Weld County goals and policies. 4. Use Compatibility: Much thought and effort has been put into the planning of the Valley View Ranch project to make sure that uses will be compatible within the P.U.D. district. In trying to create a buffer between the commercial and residential uses of the property, an existing ridgeline and elevated irrigation ditch are being utilized to divide the two uses. All of the commercial zoned portion will basically result in a northeasterly drop in elevation, whereas the majority of the residential part of the zoning will have a southwesterly drop in elevation, towards the mountains. Also, the commercial and residential entrances to the project are separated in order to avoid joint use or conflict of activities. The following performance standards shall be incorporated in the project: (a) Compatibility: In reference to the residential portion, the architectural control committee shall make sure that buildings are created with harmony of the existing area. Landscape shall be incorporated in the building envelopes and the setbacks shall be controlled due to the building envelope concept. When appropriate, the Architectural Control Committee shall issue approval letters for buildings and structures built within the P.U.D. These letters shall be submitted to the Weld County Planning Department prior to an individual receiving a building permit within the P.U.D. (b) Common Open Space: There will be an approximate 20 to 30 foot wide by 1'h mile long open space area which will create a loop-shape within the project, giving access to each residential parcel. This property shall be owned and maintained by the Homeowners Association. Valley View Ranch P.U.D. Page 5 (c) Water and Sewer Provisions: The project will utilize a domestic mountain water supply, which will be delivered to the project via the North Weld County Water District. This domestic water will be used for the domestic and commercial use. For residential use, county approved septic systems will be used. According to soil testing on the adjacent property, the properties are very suitable to county approved septic systems. The Weld County minimum lot size for septics is 1 acre. This project has an average lot size of 7.8 acres, — with the smallest lot being approximately 3 net acres and the largest lot being approximately 17 acres. By having these large lot sizes, the properties will contain sufficient alternative sites for septic. (d) Circulation: Regarding vehicular circulation, the project has received preliminary evaluations from the Weld County Engineer and the State Highway Department. Both of these organizations feel that the plans meet their goals and objectives after certain conditions have been met. As to pedestrian circulation, all homesites will be connected with the openspace loop, which will allow children to go from house to house without utilizing a public roadway. (e) Buffering and Screening: Since the goal of buffering and screening would be to divide the two different zone uses, the project has taken advantage of the tall ridge line and elevated irrigation dike to divide the two types of land uses. (f) Setbacks: With the concept of building envelopes, all residential homes would be located at least 100 feet off existing roadways, with the majority of the homesites being over 500 feet off existing roadways. (g) Injury to Water Rights: The developer is very familiar with water rights and has established the open space trail along the existing irrigation ditches so that adjoining neighbors can also access these areas for maintenance and delivery of the existing irrigation ditches. Some of the historical water rights which are connected with the property will be deeded to either the Homeowners Association or a form of water users association. These water rights will be utilized by a portion of"the homeowners in the project, where the use is practical. 5. Compatibility with Surrounding Properties: The Valley View Ranch P.U.D. has been designed to be compatible with land uses surrounding the P.U.D. district. When you look at the vicinity map, which is attached to this proposal, you will see this project is consistent with approximately 15 to 20 homes and acreages within a 1 mile radius of the property. If you extend that radius to 1'h miles, you also arrive at two single _ family subdivisions on approximately 1 acre lot sizes. The goal Valley View Ranch is to create a uniform division of smaller parcels of land, while preserving the agricultural character of the surrounding area. Since the surrounding properties are either in residential or agricultural uses, it is believed that there are no conflicts 0 .t � « Valley View Ranch P.U.D. Page 6 between land uses surrounding the P.U.D. district. Some neighbors of the Valley View Ranch have been contacted about our project, and positive comments have been received. 6. Proposed Residential and Commercial Uses: Although final engineering or surveying has not been completed on the property, it is anticipated that 10 lots will be implemented in the approximately 78 acres residential area. That will equate to an average lot size for the 10 residential lots of 7.8 acres. It is anticipated that the project will offer a variety of lot sizes from 3 acres up to 17 acres. The lot divisions will be engineered to take advantage of natural contours and historical irrigation patterns in order for the larger lots to utilize some irrigation water. The typical residential use is conceived to be single family dwellings with minimum square footages between 1,800 and 2,000 feet. It is assumed that the majority of the lots will have outside facilities for livestock, subject to the limitations which were described in paragraph 2. An architectural control committee will be in charge of making sure that all buildings and structures are built within harmony of the design criteria of the project. In regards to the commercial P.U.D. portion of the property, at this time it is not known exactly what type of commercial use will be in that area, but it is contemplated that it could be a mixture of a small office park, small community center, and/or convenience stores as the future unfolds in that area. It is not intended that there will be any industrial uses taking place on the property. No outside storage will be allowed. During the interim stage on the commercial zoning, it is intended that the hay fields will continue to be farmed at the comer of County Road 74 and State Highway 257. No landscape, other than vegetation cover of hay, will be integrated into the commercial property now because no specific plans for location of structures have yet been established. It is anticipated that when a final commercial plat will be approved, a landscape plan will be approved at that time. Some large pines have been planted at the corner of Harmony Road and 257. _ 7. Private Open Space: Residentially, given the fact that there will only be 10 home sites within approximately a 78 acre parcel, much of the 78 acres will remain open space, but will be private from both the standpoint of ownership and maintenance. The protective covenants will require proper maintenance of each lot. A 20 to 30 foot wide open space loop trail will surround all lots, giving each lot private access to a 11/2 mile walking/horseback trail immediately adjoining each parcel. The Homeowners Association will be responsible for maintenance of the trail system and of the entrance areas to the project. On the commercial portion, when a final plat is obtained, it is anticipated that the open space and landscape within the commercial _ area will be formulated. Since the project will only have 10 residential homes, no school sites or fire and sheriff facilities would be needed within the project. The school district will be receiving an impact fee. The fire department has requested that a fire hydrant be installed at the corner of Harmony Road and Highway 257. 01 A+ C5,R Valley View Ranch P.U.D. Page 7 8. Domestic Water Supply: The P.U.D.'s source of water and type of system will be a connection into the existing North Weld County Water District lines which are on the north and east side of the property. A 12 inch line is located on the NE corner of the property, and smaller service lines are on the North and East side of the property. North Weld County Water District has indicated that 9 water taps are available without additional line work. When any commercial project would take place, it is anticipated that line extensions from the 12" line will take place. In discussions with the Windsor Fire Department, a fire hydrant will be installed by the developer at the north west comer of the 257 and Harmony Road intersection for the residential portion. When the final commercial plat is filed, fire protection and facilities will be formulated at that time. An existing domestic water tap presently serves the existing home on lot 10. 9. Sanitary Sewer System: In regards to the residential portion of the P.U.D., County approved septic systems will be the sanitary sewer system used. It is anticipated that at the point in the future where sanitary sewer lines will be installed in the surrounding areas, that the commercial portion of the property will then tie in to those lines. At present, those lines are approximately 2'h miles south in the city of Windsor area. According to the Soil Conservation Service soil survey, soils within the project are good for county approved septic systems. Weld County minimum lot size for septic systems is 1 acre. It is felt that since the average lot size is 7.8 acres, with a minimum of 3 acres, county approved septic systems will be sufficient for the project. Soil testing on 30 acres adjoining the project has met county standards for septic. Additional testing is being prepared for presentation to the County Health Department. 10. Transportation: According to replies from the Colorado State Highway Department and the County Engineers Department, the two existing roadways will provide adequate transportation needs for the residential portion of the project. The State Highway Department has asked that an additional 25 feet be reserved for future right-of-way expansion. The county has asked that an additional 20 feet be reserved for future roadway expansion. Both these requests will be met. Both the County Engineer and the State Highway Department have indicated that when any future commercial uses would take place, improvements to the existing road system would be evaluated at that time. The State Highway Department further stated that it seems reasonable that a joint commercial/residential access allowing right-in and right-out only movements could be shared together with resident of lot 10. Pursuant to the information by the State Highway Department and the County Engineer, it is believed that no upgrades to the existing street facilities would be needed until a commercial use would take place on lot 11. Entry to lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 will be by two private joint-use entrances, from both Harmony Road and Highway 257. The first 100-200 feet of both these entries shall be constructed by the applicant to be approximately 18-20 feet wide and Valley View Ranch P.U.D. Page 8 have a gravel base. If requested by the County Engineer, a culdesac shall be - constructed at the end of the joint-use private access roads. Private driveways to the lots will split off the end of the joint access roads. The joint-use portion of the entryways will be maintained by the Homeowner's Association, and once the private - drives start, they will be maintained by the individual homeowners. The concept is to make two entrances and to create a feeling of privacy for the lot owners. The entrance to the existing house in Lot 10 will be by the existing driveway from Highway 257. 11. Soil Survey: The applicant has contacted the Colorado Geological Survey for - evaluation of the property. In phone conversations with Survey personnel, it appears that the project would meet their rules and regulations. According to soil testing that was done on an adjacent parcel of land, which was a portion of the historical farm there, the soil types are suitable for all uses allowed in the proposed zone. 12. Commercial Mineral Deposit: The Colorado Oil and Gas Conservation Commission _ has responded that they have reviewed the request and find no conflicts with their interests. Also, according to Weld County Planning staff comments dated July 16, 1991, the property is not located in an overlaid district or commercial mineral deposit area. The previous owner of the farm has stated that two oil wells were drilled on the property, but both were deemed dry holes. 13. Flood Hazard Areas: According to the flood hazard maps of the county, this property is not located within a flood hazard area. _ 14. Geological Hazard Area: According to Weld County maps, the property is not located within a geological hazard area. _ 15. Re-Zoning Sign: The applicant will abide by the rules and regulations in regards to the posting of the sign. 16. Certified List of Land Owners Within 500 Feet: See attachment. 17. Certified List of Mineral Owners: According to title commitment number 8025509C- 3 dated November 10, 1987, provided by Transamerica Title Company, two mineral reservations appear in regards to the mineral rights. One is to Lucile P. Stockover and William M. Stockover, whose address is City Route 17, 20 St. Rd., Greeley, Colorado, dated March 30, 1966; and the other reservation was a sale of minerals to Helen P. MacPherson, dated December 19, 1958. No address was attached to the MacPherson deed. Copies of the mineral reservations are attached to the package. 9-1 .q< _ Valley View Ranch P.U.D. Page 9 18. Additional Information: (a) Weld County Schools: Weld County Schools has requested an impact fee of $463.13 per residential unit. This is acceptable to the applicant. The school — district is sending a letter to the applicant stating that it would be acceptable to them to have this fee paid as each individual home building permit is obtained from the county. This would then provide the impact fee as each lot is developed. In regards to requests of a school bus pick-up and drop site, conversations with Dave Sullivan have resolved that no improvements would be necessary in regards to school bus pick-up and drop-off. (b) Windsor Fire District: The district is recommending the installation of a fire hydrant at the intersection of State Highway 257 and County Road 74. The fire — hydrant rate should be a minimum of 1,000 gallons permitted. This request will be implemented, and a fire hydrant will be purchased and installed by the applicant. It is also requested that the private access roads be built to support — emergency vehicles. A condition in the covenants will require that adequate road base be maintained on the private access roads to support emergency vehicles. (c) Covenants: An initial draft of the covenants of the Valley View Ranch Home Owners Association is attached, which describes many of the items requested by _ the Planning Staff in their July 16, 1991 letter. Thank you for reviewing this proposal for change of zoning. Please feel free to contact - me with any questions you may have. Sincerely, Craig Harrison, President _ Harrison Resource Corporation hae Enclosures valleyvw\vv6.pud SECTION B Application Form 0 4 4 .ri - _ PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Ylennl..� Services, 915 10th Street, Room 342, Gx_eley, Colorado PHONE: 356-4000 Ext. 4400 •• FOR PLANNING DEPARTMENT USE ONLY: CASE N0. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required Signatures.) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Lot "A" and "B" of Amended Recorded Exemption Number 0807-5-i-RE465, being a portion of the NE 1/4 of Section 5, Township 6N, Range 67 West of the 6th P.M., Weld County, Colorado. (If additional apace is required, attach an additional sheet of this same size.) NAME OF PROPOSED PUb SUBDIVISION Valley View Ranch EKISTING ZONING Agriculture NO. OF PROPOSED LOTS 11 TOTAL AREA (ACRES) 88 LOT SIZE: AVERAGE 8 MINIMUM 3 UTILITIES: HATER: NAME North Weld County Water District SEWER: NAME Septic .._ CAS: NAME Propane PHONE: NAME US West Communications ELECTRIC: NAME Poudre Valley REA DISTRICTS: SCHOOL: NAME Windsor FIRE: NAME Windsor DESIGNER'S NAME Harrison Resource Corporation PHONE 226-4100 ADDRESS jaWh4lers Way. AA200, Ft. Collins, CO 80525 FlICINEERTS NAME Final Engineer not selected PHONE ADDRESS T.E.C. and Intermill Land Survey have completed initial work. FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME Harrison Resource Corporation PHONE 226-4100 ADDRESS 760 Whalers War. IA200, Ft. Collins, CO 80525 '— NAME PHONE ADDRESS NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME Craig Harrison ADDRESS 760 Whalers Way, 9A200, Fort Collins, CO 80525 HOME TELEPHONE / 221-4010 BUSINESS TELEPHONE i• 226-41D0 I hereby depose and state under the penalties of perjury that all ste4ements, proposals, end plane submitted with or contained within this application ¢rui'•and correct to the best of ay knowledge. COUNTY OF WELD ) tc�•r 1•.. ) SS ' tit .•1` STATE OF COLORADO) • C-,r �j n uthorfaed////A��gent -�•• ` -- Subscribed and sworn to before me this .'SC'ift- day of '..Li 19 NOTARY PUBLIC °11 .75;Cib Hy Commission expires 07- 09 - of ..,- _. ..:'.a SECTION C Names of Property Owners Within 500 Feet 9 1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Lot B of Amended Recorded Exemption No. 0807-5-1-RE465, recorded Subject Property March 4, 1988 in Book 1187 as Reception No. 02132904, being a part of the NE1 of Section 5, Township 6 North, Range 67 west of the 6th P.M. , County of Weld, State of 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. �tF INSUp,�.�'t ;s Transamerica Title Insurance Company o�TORAT Er.`_'). , // fti re Y-;&.chetie-ru•LOy) :�bAY 23' Th`e foregoing instrument was subscribed and sworn to before me this 3.lst .day July , 1991 , by Margaret A. Stephenson, Assistant .'144tdCounty Manager of Transamerica Title Insurance Company • / 0424110S 'ply hand and official seal. . : Pbikt- elnmission expires: . .. 1/4.r J/Comilslasalax Doc 9, 1994 Notary Public ,.. r My Commission Expires : - - 1/ ._ Application No. / NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR'S PARCEL - STATE AND ZIP CODE IDENTIFICATION # Effective as of July 18, 1991 at 7:00 A.M. L Tom E. Leazer & Annette A. Leazer 2801 Dunbar Ave. , 080705000041 Fort Collins, CO 80526 Amigo Farms, Inc. 1200 Carousel, Suite 100 070532000038 Windsor, CO 80550 ' Joy A. Jefferson 35 Martin Lane 070532000037 Englewood, CO 80110 i.. Peter C. Hyland & Nancy D. Hyland 2515 Falcon Road 080705000055 — Fort Collins, CO 80526 5. Pineda and Sons, Inc. 35065 Weld County Road 19 080704000001 Windsor, CO 80550 6^ K & M Company 3201 Shore Road 070533000004 Fort Collins, CO 80524 Transamerica Title Insurance Company n By 1148 4._-J2tY� �._..� .,' SECTION D Affidavit of Mineral Ownership 04 , AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE _ Application No. Lot B of Amended Recorded Exemption No. 0807-5-1-RE465, recorded Subject Property March 4, 1988 in Book 1187 as Reception No. 02132904, being a part of the NE1/4 of Section 5, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of 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 „S tract company or an attorney. ° 114U 1,1. .,......:. •., ; `. Transamerica Title In urance Company %A Y 23'ti. ' • _ (, ......;The`foregoing instrument was subscribed and sworn to before me this iIIT31st day of July , 19y1. WITNESS my hand and official seal. My Commission Expires: //�� c�rCCC,� ,i�-rn- 4A-yv---- WC,OMMISSIOI/EOBSOM le Wig_ Notary Public ..- ', Q l��^i-�,=-) • AU `: • 01 .12p,, Application No. MINERAL OWNERS AND ADDRESSES : ._ Lucille P. Stockover 39 Ward Drive - Suite 201 Greeley, Colorado 80634 1/2 Luana M. Simmons 2930 Silverwood Drive Fort Collins, Colorado 80525 1/4 COLORADO LAND SERVICES (a Colorado general partnership) 5411 Gunbarrel Circle Longmont, Colorado 80503 1/4 MINERAL LESSEES: NONE. Effective date : July 18 , 1991 at 7 :00 A.M. JDS Transamerica Title Insurance Company BYLnial C atiY -CI 74:71241.. 3/4 Q SECTION E Initial Draft of Protective Covenants __. Pi.17q,;7qFo - - DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH THIS DECLARATION is made this day of , 1991, by HARRISON RESOURCE CORPORATION, a Colorado corporation ("the Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of that certain real property located in the County of Weld, State of Colorado, legally described as follows ("the Property"): Lot"A" and"B"of Amended Recorded Exemption Number 0807-5-1-RE465,being a portion of the NE 1/4 of Section 5, Township 6N, Range 67 West of the 6th P.M., Weld County, Colorado. WHEREAS, the Declarant desires to establish certain standards covering the Property by means of protective covenants to insure the lasting beauty, value, and enjoyment of the Property; to this end and for the benefit of the Property and the Owners thereof, the Declarant desires to subject the Property to the easements, covenants, conditions, restrictions, charges, and liens hereinafter set forth. NOW, THEREFORE, the Declarant hereby publishes and declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the Property and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Property or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE I. DEFINITIONS - Section 1: "Approval" or "Consent" shall mean securing the prior written approval or consent as required herein before doing, making, or suffering that for which such approval or consent is required. Section 2: "Architectural Control Committee" shall mean and refer to the committee established to review and approve plans for the construction of improvements on Lots as set forth in Article VI of this Declaration. Section 3: "Articles of Incorporation" shall mean the Articles of Incorporation of Association, as the same may from time to time be amended. Section 4: "Assessment"shall mean and refer to any assessment levied, charged, or assessed against an Owner and/or his Lot in accordance with the provisions of this Declaration. Section 5: "Association" shall mean and refer to Valley View Ranch Association, a Colorado nonprofit corporation, its successors and assigns. 1 Section 6: "Board" shall mean and refer to the Board of Directors of the Association. Section 7: "By-Laws" shall mean and refer to the duly adopted By-Laws of the Association, as the same may from time to time be amended. Section 8: "Common Area(s)" shall mean and refer to all open space easements and the improvements presently located or subsequently constructed thereon, which are designated on Exhibit "A" for the common use and enjoyment of all Owners. The Common Areas are not dedicated for the use by the general public. The Common Area easements shall be conveyed by the Declarant to the Association, prior to the conveyance of the first Lot to an Owner. Section 9: "Common Expenses" shall mean and refer to the actual cost to the Association of the following: repair, maintenance, renovation, and improvement of the Common Area; management and administration of the Association; legal and accounting fees; insurance premiums; wages; expenses and liabilities incurred by the Association pursuant to or by reason of this Declaration; the payment of any deficit from a previous period; and the creation of a reasonable reserve fund. It shall be mandatory for the Association to establish out of the annual assessment an adequate reserve fund for maintenance, repair, and replacement of those elements of the Common Area that must be replaced on a periodic basis. Section 10: "Declarant"shall mean and refer to Harrison Resource Corporation,a Colorado Corporation, or any person or entity that purchases all or a portion of the Property with the intent to develop and sell the Property in more than one parcel if such person or entity assumes in writing the obligations of the Declarant under this Declaration. Section 11: "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for the property shown on Page 1 and all properly adopted amendments thereto. Section 12: "First Mortgagee" shall mean and refer to an institutional lender who holds either a first deed of trust or a first mortgage on a Lot. Section 13: "Lot" shall mean and refer to each individual lot of the Property intended to be sold, transferred, or conveyed as a separate parcel by the Declarant, as designated on the Plat. Section 14: "Member" shall mean and refer to each person who has an ownership interest in a Lot. Section 15: "Mortgage" shall mean and refer to a mortgage, deed of trust, or other similar security instrument held or owned by a Mortgagee which encumbers any Lot. Section 16: "Mortgagee" shall mean and refer to a Mortgagee under a Mortgage or a beneficiary under a deed of trust or similar security instrument. For the purpose of this Declaration, no person shall be deemed a Mortgagee until written notice of such interest has been given to the Association, together with the name and address of the Mortgagee. Section 17: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, but excluding those having such interest merely as a security for the — performance of an obligation. In the event a Lot is sold by what is commonly known as an ca 1 i 2 installment land contract or contract for deed, the purchaser under such contract shall be the "Owner" for purposes of this Declaration and the seller shall be considered to have an interest in the Lot which is the subject of the contract as security for the performance of the contract by the purchaser. Section 18: "Plat" shall mean and refer to the Plat of the property shown on Exhibit "A". Section 19: "Property" shall mean and refer to that certain real property situated in the County of Weld, State of Colorado, legally described on Exhibit "A". Section 20: "Residence" shall mean and refer to a single-family residential dwelling constructed or to be constructed on a Lot. Section 21: "Single-family" shall mean and refer to any individual or group of persons related by blood or marriage or any unrelated group of not more than three (3) persons living together in a Residence. ARTICLE II. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1: Membership. Every Owner of a Lot shall become a Member of the Association upon acquisition of said Lot. Membership shall be appurtenant to, and may not be separated from, ownership of the Lot. Membership shall pass by operation of law upon the sale of such Lot,which sale may be by deed or by installment land contract. Section 2: Votive. Each Owner shall have one (1) vote for each Lot owned. When more than one person or entity holds a beneficial interest in a Lot as a joint tenant, tenant in common, or otherwise, all such persons shall be Members of the Association, but shall be considered as only one (1) Owner for voting purposes. Section 3: Association Rules and Regulations. The Association shall have the right and the power, through its Board of Directors, to adopt such reasonable rules and regulations as it, in its sound discretion, shall determine from time to time necessary to regulate and govern the use of the _ Common Areas; provided, however, that said rules and regulations shall not be discriminatory. ARTICLE III. OWNER'S RIGHTS Section 1: Obligations of the Association. The association, subject to the rights of the Members set forth in this Declaration, shall be responsible for the maintenance, repair, renovation, management, and control, for the benefit of the Members of the Common Area and all improvements thereon and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. Section 2: Owners' Rights. Every Owner of a Lot shall have a nonexclusive right and easement in and to all of the Common Areas,which shall be appurtenant to and shall pass with the title to each Lot. An Owner's right and easement of enjoyment in and to the Common Areas shall not be exercised in any manner which substantially interferes with the rights of any other Owner with respect thereto and shall be subject to the following: (a) The right of the Association to charge reasonable fees and Assessments to meet the estimated Common Expenses. (b) The right of the Association to suspend the right of any Owner to use the Common Areas for any period during which the Common Expenses assessed against such Owner's Lot remain unpaid. (c) The right of the Association to adopt reasonable rules and regulations to govern the use of the common areas. Section 3: Delegation of Use. Any Owner may delegate his right to use the Common Areas to the members of his family, his guests, invitees, and tenants subject to this Declaration, the — Articles of Incorporation and By-Laws of the Association, and any rules or regulations adopted by the Association. Section 4: Restriction of Use. No motor-driven, engine-powered, or other mechanically propelled vehicle, including, by example and not limitation, automobiles, trucks, motorcycles, all- terrain vehicles, and snowmobiles, may be used or operated within or upon any of the Common - Areas, except in the event of an emergency or for maintenance purposes. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including BB guns and pellet guns, within the Common Area. ARTICLE IV. ASSESSMENT FOR COMMON EXPENSES Section 1: Personal Obligation of Owners for Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay all Assessments imposed by the Association to meet the estimated Common Expenses. Assessments for the estimated Common Expenses shall be due annually or at such other intervals as may be set by the Association from time to time. The Association shall prepare and deliver by mail to each Owner a statement for the annual Assessment for Common Expenses. Section 2: Amount of Assessment. The amount of the Assessment for the estimated Common Expenses which shall be paid by each Owner shall be determined by dividing the aggregate sum the Association reasonably determines to be paid by all Owners by the total number _ of Lots within the Property, and the Owner of each Lot shall pay his proportionate share of such aggregate sum. -- Section 3: Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment shall be Two Hundred Fifty Dollars ($250) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment may be increased effective January 1 - of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index for the Denver/Boulder region (published by the Department of Labor, Washington, D.C.) for the preceding month of July. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment may be increased above that established by the Consumer Price Index formula by a vote of the Members for the next succeeding two (2) years, and at the end of each such period of (2) years, for each succeeding period of two (2) years, provided that any such change shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this — purpose. The limitations hereof shall not apply to any change in the maximum and basis of the Assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under this Declaration and the Articles of Incorporation. (c) The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum. Section 4: Special Assessments for Capital Improvements. In addition to the annual Assessments authorized above, the Association may levy, in any assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of the capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such — Assessment shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5: Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of the Members shall constitute a quorum. If the required quorum is not present, another meeting may be called, subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6: Uniform Rate of Assessment. Both annual and special Assessments must be fixed at a uniform rate for all Lots. Section 7: Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area by the Declarant to the Association. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar - year. The Board of Directors shall fix the amount of the annual Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the - Board of Directors. Section 8: Exempt Property. All properties dedicated to and accepted by a local pubic authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Colorado shall be exempt from the Assessments created herein, except no land or improvements devoted to residential use shall be exempt from said Assessments. The — Declarant shall have the right to use the common areas and will be exempt from said assessments. cq�. ..`, ! e 5 ARTICLE V. LIEN FOR NONPAYMENT OF ASSESSMENTS Section 1: Effect of Nonpayment of Assessments. Remedies of the Association. It shall be the duty of each Owner to pay his proportionate share of all Assessments made by the Association pursuant to this Declaration. Unpaid Assessments shall bear interest from the date due until paid at the rate of eighteen percent (18%) per annum. In addition, any Owner who fails to pay an Assessment when due ("the Defaulting Owner") shall be obligated to pay to the Association on demand all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent Assessment. The total amount due from a Defaulting Owner, including unpaid Assessments, interest costs, and attorney's fees, shall constitute a lien on the Defaulting Owner's Lot prior to all other liens and encumbrances, recorded or unrecorded, except (a) taxes, special assessments, and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this state and other state and federal taxes which, by law, are a lien on the interest of such Owner prior to the preexisting recorded encumbrances thereon; and (b) all sums unpaid on a First Mortgage. The lien for unpaid Assessments herein created shall be prior to and superior to any homestead exemption or other exemption under or by virtue of any law of the United States or State of Colorado now existing or hereafter enacted; and each Owner, by acceptance of a deed to a Lot, expressly waives and releases any such homestead right or exemption, but only with respect to the Assessment lien. Any First Mortgagee who obtains title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure will acquire such Lot, free and clear of any claim or lien for unpaid assessments which accrue prior to the date the First Mortgagee would be entitled to receive a deed from the public trustee, sheriff, or other foreclosing agent, regardless of whether the First Mortgagee actually obtains or records such deed. Section 2: Evidence of Lien. To evidence such lien for unpaid Assessments, the Association shall prepare a written notice setting forth the amount, the name of the Defaulting Owner, and a description of the Defaulting Owner's Lot. Such notice shall be signed on behalf of the Association by an officer of the Association and shall be recorded in the records of the Clerk and Recorder of Weld County, Colorado. Such lien may be enforced by foreclosure by the Association of the Defaulting Owner's Lot in like manner as mortgages on real property. The lien provided herein shall be in favor of the Association and for the benefit of all Owners. In any such foreclosure, the Defaulting Owner shall be required to pay all costs and expenses of such proceedings; the costs, expenses, and attorney's fees for filing the notice of claim of lien; and all reasonable attomey's fees incurred in connection with such foreclosure. The Defaulting Owner shall also be required to pay to the Association any Assessments due and owing during the period of foreclosure, and the _ Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to bid on the Lot at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. Any encumbrancer holding a lien on a Lot may, but shall not be required _ to, pay any unpaid Assessments due and owing with respect thereto; and upon such payment, such encumbrancer shall have a lien on such Lot for the amount paid of the same rank as the lien of his or its encumbrance. Section 3: Personal Obligation to Pay Assessments. Assessments made by the Association against each Owner shall be the personal and individual debt of the Owner at the time the Assessment is made. Suit to recover a money judgment for unpaid Assessments, interest, costs, expenses, and attomey's fees shall be maintainable without foreclosing or waiving the lien securing the same. No Owner may exempt himself from liability for such contribution toward the Common Expenses by waiver of the use and enjoyment of the Common Area or by abandonment of his Lot. 6 01 .q r Section 4: Liability of Grantee. Except for a First Mortgagee who acquires title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure as provided in Section 1 hereinabove, the grantee of a Lot shall be jointly and severally liable with the grantor for all unpaid Assessments against the Lot assessed and due prior to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that upon written request and payment of a reasonable fee established by the Association not to exceed Twenty Dollars ($20), any such prospective grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid Assessments, if any,with respect to the subject Lot; the amount of the current Assessment; the period covered by the current Assessment; the date the current Assessment comes due; and the statement shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with by the Association within ten (10) days of the receipt, by way of certified mail return receipt requested, of such request, then the grantee shall not be liable for, not shall the Lot be conveyed subject to, a lien for any unpaid Assessments against the subject Lot as of the date of the request for statement of indebtedness. ARTICLE VI. ARCHITECTURAL CONTROL - Section 1: Architectural Control Committee. (a) Membership. The Architectural Control Committee shall consist of three (3) persons. So long as the Declarant is the Owner of one (1) or more Lots, the Declarant shall appoint the members of the Architectural Control Committee. At such time as the Declarant is no longer the Owner of one (1) or more Lots within the Property, then the members of the Architectural Control Committee shall be appointed by the Board of Directors from among the members of the Association. (b) Term. Each member of the Architectural Control Committee shall serve at the pleasure of the person or entity appointing such member. In the event of the death or resignation of any member of the Architectural Control Committee, the person or entity that appointed such — member shall appoint a successor. (c) Decisions. All decisions of the Architectural Control Committee shall be by a majority vote of those members of the Committee present at a meeting at which a quorum is present. A majority of the members of the Architectural Control Committee shall constitute a quorum. (d) Compensation. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this Declaration. (e) Delegation. The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer, or other professional person who is qualified to pass on the issues raised in the application. The Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. 0 ",517 (0 Non-liability. No member of the Architectural Control Committee shall be liable to the Association or to any Owner or member for any loss, damage, or injury arising out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of the Architectural Control Committee. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or other governmental rules and regulations applicable to the Property. Section 3: Control. No construction, alteration, addition, modification, decoration, redecoration, or reconstruction of any building, fence,wall, structure, or other improvement within the Property shall be commenced or maintained until the plans and specifications thereof shall have been approved by the Architectural Control Committee. Section 4: Submission. Each application for approval shall include the following: (a) Two (2) complete copies of a site plan of the Lot. The site plan shall show the following information with a minimum scale of one (1) inch on the plans for each one-hundred (100) feet of actual distance on the Lot. (i) Finished elevation of the improvement. (ii) A building footprint with dimensions from front, rear, and side property - lines of the Lot. (iii) Driveways and walkways located on the Lot. (iv) Any existing structures on the Lot. (v) Location of improvements with respect to utility lines and facilities. (b) Two (2) complete sets of construction plans and specifications. Said plans and specifications shall include the following minimum information: (i) Floor plans of all levels of any Residence, which plans shall contain sufficient detail to describe the elements of the floor plan design. (ii) Total square footage for each level of any Residence. (iii) Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form and material, window locations, siding material, and door placement. - (iv) A written description of the materials to be used in the roof and exterior walls of the structure. C1-@ .r, 8 (v) The size, type, and material to be incorporated in any fencing to be located on the Lot. _ (vi) The color of any paint or stain to be applied to the improvements. Section 5: Rules and Guidelines. The Architectural Control Committee may issue rules setting forth procedures for the submission of plans for approval and may also issue guidelines setting forth the criteria that the Architectural Control Committee will use in considering plans submitted to it for approval. Section 6: Review of Plans and Specifications. The Architectural Control Committee shall consider and act upon any and all requests submitted for its approval. The Architectural Control Committee shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated will comply with this Declaration, will serve to preserve and enhance the values of Lots within the - Property, and will maintain a harmonious relationship among structures, vegetation, topography, and the overall development of the Property. The Architectural Control Committee shall consider the quality of workmanship, type of materials, and harmony of exterior design with other Residences located within the Property. Should the Architectural Control Committee fail to approve or disapprove the plans and specifications submitted to it by an Owner of a Lot within thirty(30) days after complete submission of all required documents, the plans shall be resubmitted to the Architectural Committee by certified mail,return receipt requested,with a copy to Declarant, by certified mail, return receipt requested and in the event that the Architectural Committee fails to approve or disapprove any plans and specifications as herein provided with thirty (30) days after such resubmission to the Architectural Committee and Declarant by certified mail, the same shall be deemed to have been approved, as submitted, and no further actions shall be required provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or are inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration. Section 7: No Waiver of Future Approval. The approval by the Architectural Control Committee of any proposal or plans and specifications for any work to be done on a Lot shall not be deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans, specifications, drawings, or other matter subsequently or additionally submitted for approval by the same Owner or by another Owner. Section 8: Construction. Construction of a Residence or other structure approved by the Architectural Control Committee shall commence within three (3) months after approval of the plans and specifications, and the Owner shall thereafter proceed diligently with such construction. - The exterior of any such structure shall be completed within nine (9) months of the date of commencement of construction. The Architectural Control Committee may grant an extension of the foregoing time periods for good cause and when such extension is requested by the Owner. - Upon approval of plans and specifications for the construction of a Residence on a Lot, the Architectural Control Committee shall have the right to require the Owner of the Lot to deliver to the Architectural Control Committee a reasonable amount not to exceed Two Hundred Fifty Dollars ($250) to be held by the Architectural Control Committee as a clean-up deposit ("the 01 `;),q< 9 Deposit"). The Deposit shall be returned to the Owner within thirty (30) days after the Residence has been completed and all excess debris removed from the Lot. If the exterior of the Residence is not completed within nine (9) months after the date of commencement of construction, then the Owner shall forfeit the Deposit. (Forfeiture of the Deposit based upon the failure to complete construction of the Residence within the time permitted shall not limit any right which the Association may have to enforce the terms of this Declaration.) If the Residence is completed within nine (9) months of commencement of construction, but all excess debris has not been removed from the Lot within such time period, then the Architectural Control Committee shall have the right, but not the obligation, to enter upon the Lot and remove such excess debris and deduct the cost of such removal from the Deposit. The balance of the Deposit, if any, shall be returned to the Owner within thirty (30) days after all excess debris has been removed from the Lot. Section 9: Landscaping. Within three (3) months after the issuance of a certificate of occupancy for the Residential Dwelling, the Owner shall submit two (2) complete copies of a - landscape plan to the Architectural Control Committee. The landscape plan shall show the location of any trees, shrubs, grass, or other landscaping on the Lot at the time of application and all trees, shrubs, grass, and other landscaping proposed to be installed on the Lot. The landscape plan shall show a minimum of 1/2 acre being landscaped around the main house which shall include a minimum of ten trees three inches in diameter or greater, of which the majority will be pines and the balance will be deciduous. The Architectural Control Committee shall review the landscape plan to determine whether the proposed landscaping is compatible with landscaping installed or proposed on other lots within the property, whether the proposed landscaping will maintain a harmonious relationship within the Property, and whether the proposed landscaping will serve to preserve and enhance the values of Lots within the Property. Should the Architectural Control Committee fail to approve or disapprove the landscape plan within thirty (30) days after a completed landscape plan is submitted to the Architectural Control Committee, then the plans shall be resubmitted to the Architectural Control Committee by certified mail return receipt requested with a copy to Declarant by certified mail return receipt requested and in the event the Architectural Control committee fails to approve or disapprove the landscape plans within thirty (30) days after such resubmittal, such approval shall not be required. All landscaping shown on the landscape plan shall be installed on the Lot by the Owner within one (1) year after issuance of a -_ certificate of occupancy for the Residential Dwelling constructed on the Lot. Prior to completion of the landscape plan, each Owner is responsible for maintaining his Lot, including keeping the Lot free of debris, trash, and weeds. Large portions of the Lot may be maintained in their native state, _ subject to the approval of the Architectural Control Committee. If the Owner fails to submit the landscape plan to the Architectural Control Committee within three (3) months after the issuance of a certificate of occupancy for the Residence constructed on the Owner's Lot or if the landscape plan submitted by the Owner is not acceptable to the Architectural Control Committee, then the Association shall have the right, but not the - obligation, to enter upon the Lot and install such landscaping as the Architectural Control Committee deems appropriate consistent with the landscaping on other Lots within the Property. If the Owner fails to install all landscaping shown on an approved landscape plan within one (1) - year after the issuance of a certificate of occupancy for the Residential Dwelling constructed on the Lot, then the Association shall have the right, but not the obligation, to enter upon the Lot and install the landscaping shown on the landscape plan. In the event the Association installs — landscaping on a Lot pursuant to the terms of this provision, the Owner shall reimburse the 10 cal_.—n . Association for all costs and expenses incurred in installing such landscaping within ten (10) days after notice from the Association of the costs incurred by the Association in installing such landscaping. If the Owner fails to reimburse the Association for the costs of installing the - landscaping as herein provided, such costs shall become an unpaid assessment, which may be collected by the Association in the same manner as all other assessments pursuant to Article V of this Declaration. Section 10: Use Restrictions and Building Type. No building or other structure shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) single-family - Residence per Lot, with attached or detached garage, and other appurtenant structures, including buildings for storage and livestock. Section 11: Temporary Structures. No structure of a temporary character, including, by example and not limitation, trailers, mobile homes or modular construction, converted trailers, campers, shacks, basements, tents, garages, or accessory buildings, shall be used on any Lot temporarily or permanently. Metal garages and outbuildings may be constructed on a Lot provided the Committee, in its sole and absolute discretion, determines that the appearance and quality of construction of the proposed metal garage or outbuilding are such that it will not detract from the value of the remaining Lots, and that it is adequately screened with landscaping. Section 12: Driveways. All driveways shall be built and maintained in order that emergency vehicles could ingress to each home. Section 13: Utilities. All utilities must be underground unless otherwise approved by the Architectural Committee. Section 14: Building Size. No Residence shall be erected, altered, or permitted to remain on any Lot of the Property unless the ground floor area thereof, exclusive of basements, open porches, and garages, is not less than eighteen hundred (1,800) square feet for a single-story Residence and a total of twenty-one hundred (2,100) square feet for a multi-level Residence. The square footage of basements, walk-outs, and garden levels shall not be included in determining the square footage of a multi-level Residence. For purposes of this provision, the terms 'basement, "walk-out," and "garden levels" shall mean any level, a portion of which is constructed below the ground elevation. - Section 15: Building Setbacks. All structures except fences must be set back from all property lines a minimum of 30 feet unless otherwise approved by the Architectural Committee. Section 16: Garages. Each Residence shall include an attached or detached garage having space for not less than three (3) vehicles. Section 17: Fences. Within one (1) year from the date the Owner acquires a Lot from the Declarant, the Owner shall cause to be professionally installed, a three (3) rail, pole, green treated fence along the entire boundary as shown on Exhibit " ". The rails constituting a part of the fence shall be attached to the posts by utilizing pegs rather than nails and shall otherwise comply with the requirements of the Committee. If an Owner desires to install any fencing within one hundred-fifty feet of the front boundary of any Lot, such fence shall be of the type and nature .01 . „7,1 it described above and shall be approved by the Committee. Lot owner cannot fence any of the common area easements. Section 18: Clotheslines. Any clothesline to be installed on the Property must be approved by the Architectural Control Committee and must be retractable. Section 19: Antennas. Antennas under fifty feet in height and adequately screened satellite dishes will be allowed but their location and screening must be approved by the Architectural Committee. Section 20: Storage of Vehicles. Boats, campers, recreational vehicles, snowmobiles, all- terrain vehicles, motor homes, trailers, machines, semi-tractors, tractor trailers, trucks (except standard pick-up trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on any Road, Lot, or Common Area, except within fully-enclosed garages or within fully- screened, fenced areas approved by the Architectural Control Committee. For purposes of this - provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which has not been moved under its own power for more than one (1) week shall be considered an inoperative automobile subject to the terms of this Section 20. Horse trailers, tractors and other farm maintenance equipment may be stored outside. Section 21: Maintenance of Lots and Improvements. Each Owner shall keep or cause to be kept all buildings, fences, and other structures located on his Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary manner. No - Lot shall be used or maintained as a dumping ground for such materials. All containers shall be kept in a neat clean, and sanitary condition and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Lot unless screened from view from other Lots and from the streets, except for reasonable storage during construction. All lot owners shall control noxious weeds and keep lots in a neat and orderly manner. Section 22: Nuisance. Nothing shall be done or permitted on any Lot which is or may become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be conducted on any Lot, except home occupations as defined and permitted by the zoning resolution of Weld County, Colorado, or other governmental entity having jurisdiction over the Property. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will create an eyesore. No _ substance, thing, or material which emits foul or obnoxious odors, except livestock, or causes any noise that might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding Lots shall be permitted on any Lot. Section 23: Animals. An Owner may keep animals and livestock upon a Lot for recreational purposes and for use by the Owner's immediate family subject to the following restrictions and - limitations: (a) In the case of lots 1, 2, 3, 4, 7, 8, 9, and 10, no more than six animal units will be kept - or maintained on any Lot. On lots 5 and 6, no more than ten animal units will be kept or 0 i nr . „ 12 _ maintained on any Lot. One horse will equal one animal unit, one cow will equal one animal unit, one lama will equal one animal unit. Any off-spring will be classified as one animal unit after it reaches one year old. Two sheep will equal one animal unit, four rabbits or four chickens will equal one animal unit. (b) The Lot shall at all times be maintained in a clean and sanitary condition. (c) No Lot shall be overgrazed and the character of the Lot shall not be changed by the grazing of animals and livestock. (e) 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 by the Committee. Corral or paddock areas shall be built of steel or wood. (f) All animals and livestock shall be confined to the Owner's Lot by a lawful fence approved by the Committee. In the case of lots 7, 8, 9, and 10, animals shall be confined to a paddock area of no more than 1/2 acre in size. Owners shall prevent dust in these areas. (g) An Owner may not keep, breed or maintain any animals or livestock for commercial purposes. (h) Household Pets. Household pets such as dogs and cats shall be permitted on any lot provided that said pet shall remain in the control of its owner at all times, by voice control or physical restraint, and shall not be allowed to chase livestock, chase wildlife, or make excessive noises. Household pets may not be kept, bred, or maintained on any lot for commercial purposes. No more than two adult dogs and two adult cats shall be kept on any one lot. An adult animal is six months or older. (i) Under no circumstances may hogs or pigs be maintained on any Lot. A variance or modification on the number of animals and livestock of any one species which may be kept upon a Lot may be granted for good cause shown by the written approval of the Owners of seventy-five percent (75%) of the Lots and by the Declarant if the Declarant owns any Lots within the Property. Section 24: Damage or Destruction of Improvements. In the event any Residence or other - structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Residence or other structure is not to be rebuilt, all - remaining portions of the damaged structure, including the foundation and all debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the Residence or other structure. Section 25: Storage Tanks and Containers. No elevated tanks of any kind shall be erected, placed, or permitted to remain on any Lot unless such tanks are screened from view from other - Lots and from the streets by fencing or landscaping in a manner approved by the Architectural 13 01 : ...C>:Q` . Control Committee. All air conditioning, refrigeration, cooling, heating, or other mechanical equipment or system which is located outside of a Residence or other structure on a Lot shall be screened from view from other Lots and from the streets by fencing or landscaping approved by - the Architectural Control Committee. Section 26: Signs. No sign of any character shall be displayed or placed upon any Lot,with - the following exceptions: (a) one (1) sign per Lot of not more than six (6) square feet in total area advertising a Lot for sale shall be permitted on any Lot; (b) the Declarant or Association shall have the right to place permanent signs at the entrances to the Property, identifying the development; (c) until such time as the Declarant is no longer the Owner of a Lot, the Declarant or his agents shall have the right to place one or more signs on the Property, without limitation of size, offering the Property or Lots of the Property for sale; and (d) additional signs may be permitted if approved by the Architectural Control Committee. Section 27: Trash Collection. The Association, acting through its Board of Directors, shall have the right to require that any trash collection within the Property be performed by one company and that trash be collected from all Lots by such company on the same day of each week. The Board of Directors shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the duty to assess the cost of trash collection as a Common Expense. Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash from his Lot. This Section 26 shall not apply to a contractor during the construction of a Residential Dwelling or other improvements on a Lot. The Contractor may dispose of trash, rubbish, debris, and other construction materials from the Lot either personally or by contracting with a trash collection company. The trash collection company may remove trash, rubbish, debris, and other construction materials from the Lot during the construction of the Residential Dwelling as often as the contractor deems appropriate. Section 28: Color. All Dwellings and other structures constructed on any Lot shall be stained or painted earth-tone colors as approved by the Architectural Control Committee. Section 29: Roof. The roof of each Residence shall have a minimum 6/21 pitch and a minimum overhang of twelve (12) inches. Section 30: Culverts. The Owner of each Lot shall install culverts in locations required for - the irrigation return water and irrigation flows of all of the Lots. Section 31: Resubdivision. No Lot may be further subdivided without the approval of the - Architectural Control Committee. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. Section 32: Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow,bow and arrow, slingshot, or other firearm or weapon whatsoever,including BB guns and pellet guns, within or upon any Road, Lot, or Common Area. Notwithstanding the foregoing, the - discharge of firearms or weapons by any member of any law enforcement office in the course of such member's official duty shall not be deemed a violation of this provision. °1 ,`7�` , 14 Section 33: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in disturbing the peace of others by violent,tumultuous,offensive,disorderly,or obstreperous conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such Owner. ARTICLE VII. DRAINAGE Section 1: Acknowledgement. The soils within the States of Colorado consist of both expansive soils and low-density soils which will adversely affect the integrity of the Residence if the Residence and the Lot on which it is constructed are not properly maintained. Expansive soils — contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. Section 2: Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the Residence constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the Residence. Section 3: Grading. Each Owner of a Lot shall maintain the grading and drainage patterns of the Lot. Section 4: Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Property. Easements for installation and maintenance of utilities and irrigation and drainage facilities are reserved as shown on the plat of the Property on Exhibit"A". Within these easements, no structure, plantings or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area located upon each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which public authorities or utility companies are responsible. Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to the improvements constructed on any Lot caused by, resulting from, or in any way connected with soil conditions on any Lot. ARTICLE VIII. INSURANCE Section 1: Insurance. All insurance, other than title insurance, carried in connection with the Common Area, shall be governed by the provisions of this Article VIII. Section 2: Insurance Requirements Generally. The association shall obtain and maintain in full force and effect at all times certain casualty, liability, and other insurance as hereinafter — provided. All such insurance shall be obtained, to the extend possible, from responsible companies duly authorized and licensed to do business in the State of Colorado. cn� 1. ^;a 15 To the extent possible, the casualty,property, and liability insurance shall: (i) provide for a waiver of subrogation by the insurer as to claims against the Association, its directors, officers, employees, agents, and members; (ii) provide that the insurance cannot be canceled, invalidated, or suspended on account of the conduct of the Association, its officers, directors, employees, and agents; (iii) provide that the policy of insurance shall not be terminated, canceled, or substantially modified without at least thirty (30) days' prior written notice to the Association; and (iv) provide for a standard Mortgagee's clause in favor of all First Mortgagees. Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practice and which shall be consistent with the requirements of any First Mortgagees. Any loss falling within the deductible portion of a policy shall be borne by the Association and collected through annual or special assessments. The cost and expense of all insurance obtainable by the Association shall be paid out of Association funds collected by Assessments. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policy is sufficient to make any necessary repairs or replacement of insured property which may be damaged or destroyed. Section 3: Common Area Public Liability and Property Damage Insurance. The Association shall obtain and maintain comprehensive general liability insurance,including non-owned and hired automobile liability coverage, owned automobile liability coverage (if there are any owned automobiles), personal injury liability coverage covering liabilities of the Association, its officers, directors, employees, agents, and members arising in connection with ownership, operation, maintenance, occupancy, or use of the Common Area and any other area of the Association is required to restore,repair, or maintain pursuant to this Declaration,with bodily injury liability limits not less than One Million Dollars ($1,000,000) for each occurrence and One Million Dollars ($1,000,000) aggregate. Each policy shall include a "severability of interest" endorsement. Section 4: Workmen's Compensation and Employer's Liability Insurance. The Association shall obtain and maintain workmen's compensation and employer's liability insurance as may be necessary to comply with applicable laws. Section 5: Association Fidelity Insurance. the Association shall also maintain adequate fidelity coverage, if available at reasonable cost, to protect against dishonest acts on the part of directors, officers, agents, and employees of the Association and all others who handle, or are responsible for handling, funds of the Association. Such fidelity bonds shall (i) name the Association as an obligee; (ii) be written in an amount equal to at least one hundred fifty percent (150%) of the estimated annual Assessments; (iii) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee" or similar expression; and (iv) provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premiums) without at least fifteen (15) days' written notice to the First Mortgagees and the Association. Section 6: Notice Upon Loss. In the event that there shall be any damage, destruction, or loss to the Common Areas, which damage, destruction, or loss exceeds the lesser of (i) a material - portion of the Common Areas; or (ii) the sum of Ten Thousand Dollars ($10,000), then notice of such damage, destruction, or loss shall be given by the Association to all First Mortgagees with respect to such damage, destruction, or loss to the Common Areas. All such notices shall be forwarded within ten (10) days after the occurrence of such event. 01 16 Section 7: Other Insurance. The Association may obtain such additional insurance coverage against such additional risks as it shall determine to be appropriate. - ARTICLE IX. DAMAGE OR DESTRUCTION Damage to Common Area. In the event of damage or destruction to all or a portion of the Common Area due to fire or other disaster, the insurance proceeds shall be applied by the Association to the reconstruction and repair of the Common Area unless seventy-five percent(75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. If the insurance proceeds with respect to such Common Area damage or destruction are insufficient to repair and reconstruct the damaged or destroyed Common Area, the Association shall present to the Members a notice of special assessment for the approval by the membership in accordance with Article IV, Section 4. If such assessment is approved, the Association shall make such assessment and shall proceed to make such repairs or reconstruction. If such assessment is not approved, or if seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise, then the insurance proceeds shall be used for the future maintenance of the Common Area. If an assessment is approved, the assessment to each Owner and Lot shall be in the same percentage as provided for the payment of annual assessments. Such assessment shall be due and payable as provided by resolution of the Board of Directors, but not sooner than thirty (30) days after written notice thereof. The assessment provided for herein shall be a debt of each Owner and a lien on his Lot thereon and may be enforced and collected by foreclosure proceedings in the courts. Upon approval of seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees, the insurance proceeds with respect to such Common Area damage or destruction may be distributed to the Owners, provided that any such distribution shall be made by check payable jointly to each Owner and the First Mortgagee, if any, of such Owner's Lot. _ ARTICLE X. CONDEMNATION Condemnation. If, at any time, all or any part of the Common Area shall be take or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Article shall apply: (a) Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "Condemnation Award," shall be payable to the Association. (b) Complete Taking. In the event that all of the Common Areas are taken or condemned or sold or otherwise disposed of, in lieu of or in avoidance thereof, the Condemnation Award shall be apportioned among the Owners in the same percentages as provided for the payment of annual assessments, and payment of said apportioned amounts shall be made payable to each Owner and the First Mortgagee of his Lot jointly. (c) Partial Taking. In the event that less than the entire Common Area is taken or condemned or sold or otherwise disposed of, in lieu of or in avoidance thereof, the condemnation award shall first be applied by the Association to the rebuilding and replacement of those improvements on the Common Area damaged or taken by the condemning public authority, unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. Any surplus of the award or other portion thereof not used for rebuilding and replacement shall be used by the Association for the future maintenance of the Common Area. r 1. 17 In the event seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree to distribute the proceeds of any partial taking, such proceeds shall be apportioned among the Owners in the same percentages as provided for the payment of annual assessments, and payment of said apportioned amounts shall be made payable to each Owner and First Mortgagee of his or her Lot jointly. - ARTICLE XI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner, by the Architectural Control Committee, or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court shall award to the prevailing party in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the cost and reasonable attorney's fees incurred by the prevailing party in connection with such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. _ Section 3 Duration. This Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect for a period of thirty (30) years from and after the date hereof, after which period this Declaration shall automatically be extended for additional periods of ten (10) years each unless the Owners of seventy-five percent(75%) of the Lots and seventy-five percent (75%) of the First Mortgagees shall elect, in writing duly filed, to terminate this Declaration at the end of said specified period; in which case, this Declaration shall cease to be and shall be of no further force or effect. Notwithstanding the foregoing, the provisions of the Declaration pertaining to the maintenance, repair, and renovation of the Roads shall not expire, but shall be perpetual unless specifically released by the -- Board of County Commissioners of Weld County or a municipality should the Property be annexed to such municipality at future date. Section 4: Amendment. This Declaration may be altered or amended in whole or in part at any time the then record Owners of seventy-five percent (75%) of the Lots so elect through a duly written and recorded instrument;provided,however,that this Declaration may not be amended - without the written consent of the Declarant, so long as the Declarant owns a Lot within the Property. - Section 5: Limitations on the Association. Unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees have given their written approval, the association shall not be entitled to: 0.1 .. , a 4 18 Say.. ...x. (a) Fail to maintain fire and extended coverage insurance in insurable Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). (b) Use hazard insurance proceeds for losses to any Common Area for other than the repair, replacement, or reconstruction of such Common Areas. (c) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the Common Area (the granting of easements for public utilities and for other public purposes consistent with the intended use of the Common Area by the Association shall not be deemed a transfer within the meaning of this clause). The sale of any Lot with a common area easement shall not be deemed a transfer for purposes of this paragraph. (d) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner. (e) By act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or exterior appearance of any building — or other structures, the maintenance of the Common Area, or the upkeep of lawns and planting within the Property. Section 6: Management of the Common Areas. The Association may obtain and pay for services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management,operation,and maintenance of the Common Areas;provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 7: Rights of First Mortgagees. First Mortgagees may,jointly or singly, pay taxes or other charges which are in default nd which may or have become a charge against the Common Area and/or other Association property and may pay overdue premiums on hazard insurance policies or secure new hazard insurance on the lapse of such a policy for such Association property, and First Mortgagees making such payments shall be owed immediate reimbursement therefor for the Association. Section 8: Notice of Default. The Association may at its option provide each First Mortgagee with written notice of any default in the performance of any obligations under these covenants by its mortgagor which is not cured within thirty (30) days. The Association may also send to each First Mortgagee a copy of any notice of lien provided for herein. Section 9: Reservation to Add Additional Properties. The Declarant hereby expressly reserves the right to bring additional real property adjacent to the Property("Adjacent Properties") within the scheme of this Declaration. The addition of Adjacent Properties to the scheme of this Declaration shall be made by filing of record in the office of the Clerk of Recorder of Weld County, Colorado, of one or more supplements to this Declaration, reciting (a) that this Declaration is amended by adding thereto as "the Property" the Adjacent Properties to be embraced within this 19 _ Declaration; and (b) that the provisions of this Declaration shall govem the Adjacent Properties. In no event shall such supplements to this Declaration revoke or modify the covenants, conditions, or restrictions established by this Declaration with respect to the Property, except to the extent that the Adjacent Properties shall become part of the Property as herein provided. No consent or approval of any supplement or supplements shall be required of any Owner of a Lot or any person or entity having a lien against all or any portion of the Property, and such consent and approval is hereby expressly waived by such persons and entities. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of -- the day and year first above written. HARRISON RESOURCE CORPORATION, a Colorado corporation By: Craig Harrison President valleyvw\vv.cov "I i ", - 20 SECTION F Plat Map SECTION G Vicinity Map Hello