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Home My WebLink About931192.tiff RESOLUTION RE: DISMISS SITE SPECIFIC DEVELOPMENT PLAN AND PUD (PLANNED UNIT DEVELOPMENT) FINAL PLAN FOR DAVID AND KAYLEEN HUNT, C/O BRIAN GRUBB 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 17th day of November, 1993, at 10:00 a.m. for the purpose of hearing the application of David and Kayleen Hunt, c/o Brian Grubb, 1300 30th Street ltE2-32, Boulder, Colorado 80303, requesting a Site Specific Development Plan and PUD (Planned Unit Development) Final Plan for a parcel of land located on the following described real estate, to-wit: Part of the NW,' and part of the SW'y of Section 15, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on November 17, 1993, the Board deemed it advisable to continue said matter to December 15, 1993, at 10:00 a.m. , and WHEREAS, at the hearing on December 15, 1993, the applicant was represented by Tom Hellerich, Attorney, and Brian Grubb, and WHEREAS, Section 28. 14 of the Weld County Zoning Ordinance provides standards for review of such a PUD Final Plan, and WHEREAS, the Board of County Commissioners determined, due to the proper zoning being denied for said property, that this request shall be dismissed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of David and Kayleen Hunt, c/o Brian Grubb, 1300 30th Street #E2-32, Boulder, Colorado 80303, requesting a Site Specific Development Plan and PUD (Planned Unit Development) Final Plan on the above referenced parcel of land be, and hereby is, dismissed. PL0922 931192 ac, /L ; A/G /]/'/�L PUD FINAL PLAN - HUNT, C/0 GRUBB PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: �a to WELD COUNTY, COLORADO Weld County Clerk to the Board (�/ijz •.40__Aatb y‘ Constance L. Harbert, Chairman �,f e4 i 161L 2Gt.C.L�t � 4 BY: l 9 DeputliClerk to the Board W. Webster, /Pro-Tem APP D AS TO FORM: !. �, !/(�2 George. Baxt r County Attorney Da e a / Barbara J. Kirkme r 931192 HEARING CERTIFICATION DOCKET NO. 93-84 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN - DAVID AND KAYLEEN HUNT, C/O BRIAN GRUBB A public hearing was conducted on December 15, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated October 11, 1993, and duly published October 14, 1993, in the Windsor Beacon, a public hearing was conducted on November 17, 1993, to consider the request of David and Kayleen Hunt, c/o Brian Grubb, for a Site Specific Development Plan and Planned Unit Development Final Plan. At said hearing on November 17, 1993, said request was continued to December 15, 1993, at which time Lee Morrison, Assistant County Attorney, made this a matter of record. Mr. Morrison stated this request cannot be considered since the Change of Zone application for the applicants' property was denied; therefore, this matter should be dismissed. Commissioner Kirkmeyer moved to dismiss the request of David and Kayleen Hunt, c/o Brian Grubb, for a Site Specific Development Plan and Planned Unit Development Final Plan based on the advice of Mr. Morrison. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 20th day of December, 1993. //// APPROVED: A ATTEST: I Y if J#4' BOARD OF COUNTY COMMISSIONERS ��lll/// WEL COUNTY, COLORADO Weld County Clerk to the Board � ate I d �� By: r� i- �L .Constance larbert, Chairman Deputy aerk to the Board f W. . Webster, Pr -Tem TAPE 1193-47 /Georg . Baxt r DOCKET 1193-84 Dale K. all PL0922 Barbara J. Kirkme er O 931192 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF DECEMBER 1993: DOCKET 1/93-83 - CHANGE OF ZONE FROM A TO PUD, DAVID AND KAYLEEN HUNT, C/O BRIAN GRUBB DOCKET #93-84 - PUD FINAL PLAN, DAVID AND KAYLEEN HUNT, C/O BRIAN GRUBB DOCKET II DOCKET II PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING it ,/±„, v, , f U ,t f 3 76,/& w%i r 3 / �� 3 , 3 m *lit 4iu/ f; ci,-WNb (A )0c2i di 67 Si') Api 15,0 CLMU' r�<,: ---.3\-5.44'� � - ct�_ - x,1-3 /l tii(i.LiC/n. c�� vO/ Ye '-k!r /e,� 1 iCla/ z /c 7 -51 C/C 1-1 j_/ 26 �/ ,4!� it r7) l..-)' <1;-7 --)17:3 tr- 9 c,��L .33.s/a'e23/ G � 2 --13 `- - Y7( 2,it,. sz�.t i c /. 371 w(if7D 6 1'(0 'Li45- s 3 / 93 nY /41//0,...,‘ind./5-g7f ileAtM Sief e0 ,%.914:5;i17 r---7 ff /r 1//JS-/ tvC,' 3) (rroo7., 6, I >3— Yy .'-�� Z/4{,j 2 2% /�%/Yw.: ,e,47ze _ /rG 7}- f J r'- .S-- Y 931191 DWAINE D . KURTZ 33693 WCR 31 GREELEY COLO . 352-20'3' -; TO; WELD COUNTY COMMISSIONERS 12/15/93 ' - ' WELD COUNTY CO . RE; HUNTER 'S VIEW ESTATES, P .U .D . CHANGE OF ZONE AND FINAL PLAT f I DO NOT SUPPORT THIS APLICATION FOR ZONE CHANGE ON LAND ACROSS WCR .31 , EAST OF MY PROPERTY . THE CREATIVE ENTREPRENEUR EFFORT TO DESIGNATE AS MARGINAL LAND ACCORDING TO THE LENGTH OF AN IRRIGATION PIPE SYSTEM WOULD BE A DETRIMENTAL PRECIDENT IN ZONING OF WELD COUNTY . IF THE WIND DRIFT OF THE SPRINKLER IRRIGATION SYSTEM BEING USED AS A BASIS FOR THIS REZONING WERE TO INVADE THE RIGHTS OF THESE PUD OWNERS, COULD ANOTHER 100 FEET OR 100 YARD RADIUS BE DRIED UP AND THEREFORE BE DECLARED MARGINAL AGRICULTURE LANDS AND SUITABLE FOR DEVELOPMENT? THE FUTURE WOULD INCLUDE THE OPTION BY THE LAND OWNER OF LOT 9 , CURRENTLY IRRIGATED, TO BUILD A RESIDENCE BY SHORTENING OR REDUCING THE ARC OF THE SYSTEM ALLOWING ADDITIONAL DEVELOPMENT AND POTENTIALLY OTHER SUBDIVIDING TO FOLLOW ON LOT 9 . HARDLY THE ZONING SCENARIO I ENVISION FOR RURAL WELD COUNTY . THE ADJACENT " ESTATE TYPE PARCELS TO THE WEST" REFERRED TO IN THE APPLICATION INVOLVE 60 ACRES WITH 5 HOMES . THIS IS NOT A HIGH DENSITY USE THAT WOULD FACTOR IN JUSTIFYING PROPOSED USE OF ADJACENT AGRICULTURE LAND WITH LOT SIZES OF 1 .`f TO 3 .4 ACRES . P . 1 of 2 fxh/bi7L 9C:1192 'de : /744; a60-2-y.) r NO EVIDENCE OF ACCESS TO IRRIGATION WATER IS INDICATED FOR THE BENEFIT OF INDIVIDUAL LOTS OR THE COMMONS AREA . THIS IS DETRIMENTAL TO A DENSITY OF USE THAT INCLUDES "ANIMALS AND LIVESTOCK" WITH "CORRALS BARNS , AND OUT BUILDINGS" . THE DEVELOPER MUST CONVEY WATER RIGHTS FOR ACREAGES OF THIS TYPE AND PROVIDE FOR IRRIGATION ACCESS AND USE TO BE C❑NSISTANT WITH RESIDENTIAL USE IN THIS AREA OF THE COUNTY . I DO NOT BELIEVE "DRYLAND" ACREAGES FOR RESIDENTIAL DEVELOPEMENT IS THE HIGHEST AND BEST USE OF THE PROPERTY . YOU WILL ALSO NOTE ACCESS TO THE SOUTH DEVELOPMENT MUST CROSS THE GAS PIPE LINE TO GREELEY WITH NO ALTERNATE ACCESS AVAILABLE . THE NOTHERN DEVELOPMENT REQUIRES ACCESS TO THE HIGH SPEED AND HIGHER DENSITY TRAFFIC OF WCR 31 . NEITHER ACCESS IS FOR THE BENEFIT OF THE POTENTIAL OWNERS OR THE PUBLIC . THE SITE PRESENTS NO UNIQUE FEATURES , EXCEPT AS CREATED BY THE OWNER , TO ALLOW FOR PUD ZONING CONSIDERATION . AGRICULTURE USE TO THE SOUTH SHOULD BE IDENTIFIED AS CATTLE FEED LOTS WITH RECOGNITION OF THE CONFLICT BETWEEN RESIDENTIAL ZONING AND THIS ADJACENT AGRICULTURE USE . I RESERVE RIGHTS FOR COMMENT ON CHANGES MADE IN THE APPLICATION , IF , ANY SINCE THE DENIAL BY THE PLANNING COMMISSION . I REQUEST DENIAL OF THE PUD APPLICATION FOR HUNTER ' S VIEW ESTATE . /� DWAINE 0 KU P .P of 2 9,:1132 MEMORAnDUM To Clerk to the Board Dme November 16 1993 COLORADO From Cr' g Thompron, Ci+rranr Planner C1� Subject Cas,.s S 3C3 a.ed Z 483 Please include the enclosed correspondence in the Hunter's View Estate files. Mr. Powell's letter was forwarded after recent conversation with the applicant and staff, and stemmed from comments made by the applicant during the Planning Commission meeting. During the Planning Commission meeting, the applicant indicated they wanted a residence to be located on the large lot, Lot 9. The initial referral from Eaton School District RE-2 indicated the school district did not want residences located on Lot 9. It was staff's interpretation of the application no residence was desired by the applicants on Lot 9. Staff's recommendation to the Planning Commission indicated no residence shall be allowed on Lot 9. This portion of the recommendation is based on the submitted application and the Eaton School District referral. ykl bi f T CEO: t3dCc�(s) 9192 _ __ -, BOARD OF EDUCATION EATON SCHOOL DISTRICT RE-2 ADMINISTRATION WELD COUNTY Mary Lou Carsten, President 36 Cottonwood • P.O. Box 8 • Eaton, Colorado 80615 William E. Powell,Superintendent (303) 454-3402 Richard Johnson,Asst.to Supt. Keith McIntyre,Vice-President Manuel Jimenez. Princ. H.S. Margaret Schafer, Secretary Richard Johnson.Asst. Princ. H.S. Kenneth Sudduth, Princ. Middle School Russell Meeker,Treasurer Oren Nero, Princ. Eaton Elem. Jan Kreps, Vice-Secretary Walter Jeffers, Princ. Galeton Elem. Dennis Herzberg.Athletic Director November 15, 1993 TO: Greg Thompson, Weld County Planning Dep ent FROM: William E. Powell, Superintendent Liu g1") SUBJECT: Summary of phone conversation notes from Tuesday, November 9, 1993 As per our telephone conversation today regarding the Hunters Estate project, following are notes I took last Tuesday in a conversation I had with Brian Grubb. You requested me to send you a copy of my notes. Brian Grubb [786-1661] (re: called Supt regarding the Hunters Estate project -- Brian wanted to know if Greg Thompson from Weld County Planning Office had called Supt-- Brian had not called -- Brian wanted to know if the Supt and Board thought there was to be a house put on lot 9-- Supt indicated he remember lot 9 to be designated as agriculture, and the other 8 lots were to be designated PUD -- Brian tried to plant the idea that a house was to be built on all 9 lots, based on preliminary drawings, including the large circular section designated as agriculture-- Brian indicated Dave Hunt was going to transfer development rights to the home owners for 30 years -- after 30 years lot 9 could be developed as the Weld County Planning Board would then approve -- Supt indicated this explanation was not given to the Board at the meeting with Dave Hunt, and this is a new interpretation put on the explanation of the 9 lots -- Brian says that the Weld Planning staff is under the impression that the town of Greeley and the RE-2 School Board both do not want any houses on lot 9—the Supt indicated that was the impression that RE-2 has, and he could not speak for the town of Greeley-- Brian is trying to argue that all 9 lots were to have at least one house built on them, including lot 9 the number of lots evidently is going to be negotiated down by the Weld Planning Commission, and Brian wants the schools to say they agree with 9 lots with 9 houses, so that the number negotiated down will not hurt the project economically -- the Supt indicated he would be glad to speak with Greg Thomspson from the Weld Planning Office if he calls, and the Supt will tell Greg that the schools do not want to jam up the housing project, however, the Board was under the clear impression that the large circular lot 9 was going to be undeveloped and be designated as agriculture -- Brian said even if it is designated as agriculture, it still is eligible for one house). 0 .. 1.7..‘ NOV 17 1993 11•Maid PnutltY plennin9 MEMBER OF NORTH CENTRAL ASSOCIATION SINCE 1914 9x.132 Rider & Woulf, P.C. ATTORNEYS AT LAW -. . . . .__ Steven R. Rider Ilil� I iI i .!f • •' '•' r. •••.-1 j BRANCH OFFICES Francis W. Woolf Beverly L Edwards 11246 E.Mississippi Ave. = 518 N. Nevada Ave., Suite 303 Jeffery O.McAnallen Aurora, CO 80012 - - - - - Colorado Springs, CO 80903 - David R. Luffy 303/750-2303 719/634-4877 Charles S. Unfug Fax. No. 752-0946 Fax. No. 634-1902 Christine J. Law Nora E. Roth The Greeley Building Of Counsel: 710 11th Ave., Suite 120 Michael L Pederson November 16, 1993 Greeley, CO 80631 303/353-0524 Fax.No.353-0945 Weld County Planning Weld County Commissioners Department Centennial Building North Greeley County Office Greeley, Colorado 80631 Complex Greeley, Colorado 80631 Re: Hunter's View Estates; Request of Change of Zone from A (Agricultural) to PUD (Planned Unit Development) Dear Sir or Madam: We represent a number of neighbors of this proposed development, who are opposed to it. One of the neighbors, Judge Donald A. Carpenter, who lived across the street from the proposed development, died this weekend. His funeral is scheduled for 11:00 a.m. Wednesday, November 17, 1993 . This is in conflict with the hearing before the County Commissioners on this matter which is scheduled to begin at 10:00 a.m. that same day. His widow, Doris Carpenter, and many neighbors who knew him well., are in mourning. Mrs. Carpenter and the neighbors had planned on appearing in opposition to the Hunter's View Estates PUD. Under the circumstances, we would request that the consideration of the Hunter's View Estate Re-Zoning and PUD be tabled until the next scheduled meeting of the County Commissioners. If you have any comments or questions with regard to this matter, please do not hesitate to contact me. Sincerely, RIDER & WOULF, P.C. Gree y Office (2y`/ arles S. Unfug Attorney at Law CSU:ddg cc: Brian Grubb, Hunter's View Estates RWP:84Bxam x1/2/i6/7L C'G,. �L� L� GCC if 92:1192 November 16 , 1993 , 0 Weld County Board of County Commissioners 915 Tenth Street Greeley , CO 80631 Subject : S-343 and Z-483 for Hunter ' s View Estates Dear Commissioners : On behalf of the task force , I would like to express some concerns regarding the above mentioned cases . The task force and the Board have discussed the need for consistency in the process , and it appears that the way this proposal is being handled could jeopardize the consistency and integrity that exists . Dave Hunt submitted a sketch plan application to the Planning Staff back in the spring of this year. The planning staff , the Health Department and Engineering as well as outside referral agencies all reviewed the proposal and found that the project either met or could meet their criteria. Dave proceeded to prepare an application for a Change of Zone and a Final Plan based on the favorable recommendation from the staff and more than a dozen referral agencies . He submitted those applications to the Planning Commission in September . All the referral agencies responded to the Change of Zone and Final Plan with a recommendation for approval or conditional approval . Dave has agreed to meet all of the conditions . The planning staff ' s recommendation was for approval . According to the staff , the project is consistent with the Weld County Comprehensive Plan , the Zoning Ordinance and the Weld County Subdivision Regulations . There is not.hinn else that a developer can do. It appeared that all of the criteria had been met. However , when the proposal was presented to the Planning Commission , they were heavily influenced by some surrounding property owners that are against any type of development in Weld County . In a split decision , the Planning Commission recommended that the case be denied . The Board is scheduled to hear the Hunter 's View Estates case in the month of November . The task force members have concerns about the precedent that may be set in the event that this proposed development is denied . If a project meets all of the adopted criteria then on what basis may it be rejected? "7. Si erely , ert e "s yiiy-/- G- c /0LJ.//z- ' ,8a1-� 9 .1192 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD-EIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE-MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (AC SS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # THE SIGN WAS POSTED BY: sgIANI e j NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS,,h4 DAY OF f 151,4+ , 19 -l3 . T, t SEAL *4.. .... _: 1-": ft 4)}4RAL-pk-C99 c TARY PUBLIC MY COMMISSION EXPIRES 6 ] Pq r. LAST DAY TO POST SIGN IS: f\ ( , 19 qs . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. zY17/L7// F 931192 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING October 5, 1993 Page 5 David Hunt, applicant, said several State organizations are encouraging water conservation. The center-pivot sprinkler uses 60% less water than flood irrigating. Brian Grubb said he did not have any objections to the Department of Planning Services' staff comments. He also said there were no objections or concerns from the referral agencies except the Eaton School District and the City of Greeley who were both concerned about the future building on proposed Lot 9. Richard Kimmel moved Case Number Z-483, David and Kayleen Hunt, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval due to the fact this is in the Overlay District. Motion seconded by Ron Sommer. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ron Sommer - yes; Juliette Kroekel - no; Shirley Camenisch - no; Marie Koolstra - no; Bud Clemons - no; Judy Yamaguchi - no. Motion denied. Bill O'Hare arrived at 11:50 a.m. CASE NUMBER: S-343 APPLICANT: Hunter' s View Estates, c/o Brian Grubb REQUEST: A Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the NW4 and SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31. Brian Grubb provided a similar presentation as the above case with added information about the size of the proposed homes (2,000 sq. ft.) and the option to allow Lot 9 a buildable agricultural site. Ron Sommer moved Case Number S-343, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Motion seconded by Bill O'Hare. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ron Sommer - yes; Juliette Kroekel - no; Bill O'Hare - yes; Shirley Camenisch - no; Marie Koolstra - no; Bud Clemons - no; Judy Yamaguchi - no. Motion denied. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer 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: S-343 j NAME: David and Kayleen Hunt, c/o Brian Grubb ) ADDRESS: 1300 30th Street #E2-32, Boulder, CO 80303 REQUEST: A Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 28.13 of the Weld County Zoning Ordinance as follows: The proposed PUD Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the proposed PUD District and plans of affected municipalities. The Town of Eaton found no conflicts with their interests, and the City of Greeley noted this proposal does not conflict with their Comprehensive Plan. The PUD Plan conforms to the proposed PUD District. The Utility Board reviewed and conditionally approved the PUD utility plan at its September 23 meeting. The proposed PUD plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. Portions of the PUD plan site is located in the A-P Airport Overlay District Area. Structures associated with this development shall conform to the regulations of this overlay district. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Exh/>1)/ �. 0 9:1192 RESOLUTION, S-343 David and Kayleen Hunt, c/o Brian Grubb Page 2 The Planning Commission' s recommendation for approval is conditional upon the following: 1. Prior to recording the PUD plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The entrance and exit to the Planned Unit Development shall be designed to meet the needs of the Eaton School District. 2. The following notes shall be placed on the PUD plan plat: The uses permitted within the PUD Plan consist of E (Estate) and A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. All lots within the PUD Plan shall comply with the requirements of the Eaton Fire Protection District. All streets within the PUD Plan are private and shall be built to County Standards. All streets within the PUD Plan shall be maintained by the homeowners association, lot owners, and/or developer. Installation of utilities shall comply with Section 10 of the Weld County Subdivision Ordinance. North Weld County Water District shall provide domestic water to the residential uses. Sewer service shall be provided by individual septic systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be 20 feet. Drilling for oil and gas within the PUD Plan shall be limited to Lot 9. Fifty feet of right-of-way from the centerline of Weld County Roads 70 and 31 shall be reserved for future arterial roadway use. 92,1.192 RESOLUTION, S-343 David and Kayleen Hunt Page 3 Passive portions of a radon mitigation system shall be submitted with an application for a building permit. No permanent disposal of wastes shall be permitted at this site. Fugitive dust shall be controlled on this site. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. - Individual sewage disposal systems are required for the proposed homes and shall be installed according to the Weld County Individual Sewage disposal Regulations. Individual Sewage Disposal System permits shall be finalized and approved by an Environmental Protection Specialist within one year of the application date. All construction activities that disturb more than five acres shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. An Air Pollution Emission Notice and/or Emissions Permit is required for construction activities disturbing more than 25 acres and can be obtained from the Air Pollution Control Division, Colorado Department of Health. Both on-site roads shall be graveled four inches deep to a width of 20 feet, with three foot graveled shoulders on each side. Borrow pits shall be next to the graveled shoulders, and 60 feet of right-of-way shall be reserved. Cul-de-sacs shall be constructed according to county standards. There shall be a paved approach with a 50 foot radius where both on-site roads intersect the county road. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations in the PUD Plan, and shall submit the information when a building permit is applied for. Lots 1, 2, 3, 4, 5, 6, 7, and 8 shall have animal units equivalent to Estate zoning. Lot 9 shall have animal units equivalent to agricultural zoning. Lot 9 shall not have any residential structures located upon it. The areas of open space shall not be allowed to be built upon, nor shall any livestock be allowed. 9.:1,192 RESOLUTION, S-343 David and Kayleen Hunt Page 4 Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. Prior to releasing a building permit, the lot owner shall provide evidence to the Department of Planning Services' staff that the architectural control committee has approved plans for a single family dwelling and/or outbuilding. 3. The plat and covenants shall be submitted within 15 days of approval. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Juliette Kroekel Ron Sommer Shirley Camenisch Bill O'Hare Marie Koolstra Bud Clemons Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 5, 1993. Dated the 5 h of October, 1993. • \ Sharyn . Ruff Secretary 9Z1192 ADDITIONAL COMMENTS David and Kayleen Hunt S-343 The City of Greeley indicated they would like to see the two northern-most lots removed from the development, and the density of the development be decreased. 9Z1192 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: David and Kayleen Hunt Case Number: S-343 Submitted or Prepared Prior to Hearing At Hearing 1. Application 31 pages X 2. 2 Application plats X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 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. Eaton Fire Protection District referral response dated September 29, 1993. X 12. Army Corps of Engineers referral response dated September 20, 1993 X 13. Town of Eaton referral response dated September 7, 1993 X 14. Weld County Sheriff's Office referral response dated September 7, 1993 X 15. North Weld County Water District referral response dated September 7, 1993 X 16. Weld County Engineering Department referral response dated September 13, 1993 X 17. Weld County Health Department referral response dated September 15, 1993 X 18. Colorado Geological Survey referral response dated September 16, 1993 X 19. Colorado Oil and Gas Conservation Commission referral response dated September 21, 1993 X 20. City of Greeley referral response dated September 21, 1993 X &h,h,I / 9‘,1192 INVENTORY OF ITEMS David and Kayleen Hunt S-343 Page 2 21. Eaton School District RE-2 referral response dated September 22, 1993 X 22. Planning Commission sign posting certificate dated September 23, 1993 X 23. Envelope sent to applicant indicating insufficient address X 24. Letter to applicant returned due to insufficient address X 25. Letter from surrounding property owner recommending denial X 26. Letter from Jeff Harbert, New Cache La Poudre Irrigation Company, requesting opportunity to review the case X 27. Exhibit A, case Z-483, residents objecting who reside within 500 feet X 28. Exhibit B, case Z-483, residents objecting who reside beyond 500 feet X 29. Exhibit C, case Z-483, surrounding property owner concerns X 30. Exhibit D, case Z-483, Eric Hoff letter X I hereby certify that the 30 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on October 8, 1993. Current Plan r STATE OF COLORADO COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS day of Crbeet1/4 19 Z3. SEAL PUBLIC My Commission Expires 02-3-?‘ 901192 EXHIBIT INVENTORY CONTROL SHEET Case .5393 4._ ii-tee /QLGrti ,g en tz5"-z Zn /zt.C'9b) Exhibit Submitted By Exhibit Description P-(49 uisf- f ar aCG /0/ A. /Aye?I 744citer pel ieec% O/ Q,4: //ea:et-en /6/s B. /'/�trn//� / $6r# //712/779y 0 /k/275 /dLr C. //GL/7/711)9 afihMI S3/ev' 456 l4.I_/Fee Cc771711ef- ek // D. eZerk A the ,(3eti,d Akitez- ‘17( //ear-my /1/4. E. % n Cell )12)21s.S'4in 5&,fl/r] mr/ C /'44r/nl /14 F. nCcrr, . 56-# oar- PDX- ettrczyt el C. . eel"✓/zio /ett.r efro0S/fl7 Sa+.J%1LJ �6w �ZLer /'e -11-45 //i� Can .i?tt zcc Il/C H. C'harie.5 S, 16'P/4 %rs`,2� Eby Sitrnz /x 9 /fat I64 tars) 0(40,,,,,.x- �O/��.t tLik- a yn- ` ,� 0- Akan L.Corw� edi III/71. 1A)Alb . eig, 6 ,,rtctes et toy, UU ( ' 1 3J• Ae«A, f aAz5- gmAciet IIIK. Chit_ o e)1 &m(ziucaQ , L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 9:1192 4711; • OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 WII'DFAX(303)352-0242 C P O BOX 758 OGREELEY,COLORADO 80632 COLORADO October 11, 1993 David and Kayleen Hunt c/o Brian Grubb 1300 30th Street, #E2-32 Boulder, Colorado 80303 Dear Mr. Grubb: Your application for a Planned Unit Development Final Plat has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NW'-, and part of the SWa of Section 15, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by November 12, 1993. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Constance L. Harbert, Chairman CH:ld cc: Weld County Department of Planning Services I/we, 'y1'��/ Qu,. £r.j QA,(Ak+' iG/ )!!r'J , do hereby request the Board of County CossionersJto review the a ove mentioned application. AA �i Brian Grubb 1300 30th Street #E2-32 Boulder, Colorado 80303 Phone (303) 786-1661 October 6, 1993 Department of Planning Services o E 7 Attention: Chuck Cunliffe L Id _- Weld County Administrative Offices OCT 0 6 1993 1400 North 17th Avenue Greeley, Colorado 80631 Weld County Planning Subject: S-343 and Z-483 Dear Mr. Cunliffe: On behalf of David and Kayleen Hunt, I request that the Department of Planning Services Staff forward the above cases to the Weld County Board of County Commissioners as soon as possible to be scheduled for the next available hearing. Sincerely, Brian Grubb A L-t c�rq-w" MLA—Id. FAY D palEF1 J lnlh 921192 FIELD CHECK FILING NUMBER: S-343 DATE OF INSPECTION: September 10, 1993 APPLICANT' S NAME: David and Kayleen Hunt/Hunter' s View Estates REQUEST: Site Plan Review Final Plat. LEGAL DESCRIPTION: Part of the NW4 and Part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31. LAND USE: N Irrigated crops, rural residence E Irrigated crops, rural residences, feedlot S Rural residences, lake, small feedlot, irrigated crops W Irrigated crops, rural residences, pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Major ditch on the east side of Weld County Road 31, along the site of proposed southern residence portion of the Planned Unit Development. Areas proposed for residences are sprinkler corners. There is one residence currently on the southern residential area, as shown on the plat. The ditch forms the southern boundary of property. Ground slopes from north to south. P Greg Thompson Current Planner 3O1192 LAND-USE APPLICATION SUMMARY SHEET Date: September 27, 1993 CASE NUMBER: S-343 NAME: David and Kayleen Hunt, c/o Brian Grubb ADDRESS: 1300 30th Street E2-32, Boulder, CO 80303 REQUEST: Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the NW4 and SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31. SIZE OF PARCEL: 93.235 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 28.13 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Oil and Gas Conservation Commission 2. City of Greeley 3. Colorado Geological Survey 4. Weld County Health Department 5. Weld County Engineering Department 6. North Weld County Water District 7. Weld County Sheriff's Office 8. Town of Eaton 9. U.S. Army Corps of Engineers 10. Eaton School District RE-2 The Department of Planning Services' staff has not received referral responses from: 1. Greeley Soil Conservation District 2. Colorado Division of Wildlife 3. Eaton Fire Protection District 4. Greeley #2 Canal The Department of Planning Services' staff has not received any objections from surrounding property owners. 3(11.92 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 EY N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, October 5, 1993, at 9:00 a.m. for the purpose of considering a Planned Unit Development Final Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: David and Kayleen Hunt LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Planned Unit Development Final Plan. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31. SIZE: 93.235 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 5, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by September 9, 1993 Received by:i(p Q1,,,_ Cje Date: (v' aW1192 '' 1...t.. -- V •G -_ �9 a. ra •i 9 I � 1 .LA.�• ' • .. 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O w I4 07 }� i .. x Fi"P ` ,,₹ y p ni e . e Y ,kS*- - j 4í .!tH i. .t. 4 - , iti. y Mn y3. • . yYy *t . i L t, .4 t # 3 1• ,fe.� .p ,�, $Ex'tl i. ''f',1,...;:;,-:/. t :9Y . }₹} ::fir x •i day, ₹ teat ' k.'.. »A ' 4 i j S ;• . _ µ • •• t ,ay d _ Y ';:"4. 'i-';f{ FML • ,fff i Y 3,3; ` S }} > ` k. A 6 t f35 os = r _ /6 xg (-,--;---2,).'yy.. n ; i Vii•'14••••'L 4 . 3 .. z• ia. ' [. e. i rt -z �i , . .I fit' • r • a # .,;... . f d.r r at rK axe a 1, :t Y 3 3 d.; , Y2 is dir • ^. ; :. - of - . . i 41 • s ₹ ',.• - u ...4., • f:-'w", fr ': ,t' �..-� ,eta CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-343 for David and Kayleen Hunt in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 8 day of September, 1993. LQA 9:1192 r SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS David and Kayleen Hunt S-343 Franklin R. Johnson Jr. 15470 Weld County Road 70 Greeley, CO 80631 Natalie Sena c/o Johnson Sena Farm 15470 Weld County Road 70 Greeley, CO 80631 Douglas and Sonia Burron 15374 Weld County Road 70 Greeley, CO 80631 Burman Chevrolet Company 15741 Highway 392 Greeley, CO 80631 James and Lucille Stockover 39 Ward Drive #201 Greeley, CO 80634 Dwaine and Nancy Kurtz 33693 Weld County Road 31 Greeley, CO 80631 Wayn and Judith Leusink 33751 Weld County Road 31 Greeley, CO 80631 Scott and Janice Rapp 33838 Weld County Road 31 Greeley, CO 80631 William and Rosella Monson 33877 Weld County Road 31 Greeley, CO 80631 R.H. Farms Incorporated 12315 Weld County Road 72 Eaton, CO 80615 Harold and Joyce Anderson/Ernest Nelson 15295 Weld County Road 70 Greeley, CO 80631 931192 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS David and Kayleen Hunt S-343 Page 2 Donald Carpenter 14953 Weld County Road 70 Greeley, CO 80631 Carpenter Enterprise 14953 Weld County Road 70 Greeley, CO 80631 Joseph and Elain Hoff 34251 Weld County Road 31 Greeley, CO 80631 931192 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of pBra�t * WINDSOR BEACON WIL CM iwn WWI B�MO goraeb.ri"r9,Toos,a 9:�o a weekly newspaper having a general circulation in said .m. tor im i mo .unon County and State, published in the town of WINDSOR, considering Development Rog Plat for. in said County and State; and that the notice, of which the pop.nY • the below. Approvalot . the annexed is true copy, has been published in said nod pry.ass of the oa•ro +wr•'tav weekly for _successive weeks, that the notice pCularaao t.a. was published in the regular and entire issue of every APPLICANT: David and number of the paper during the period and time of Pat publication, and in the newspaper proper and not in a PTIOlt LEGAL PAW end Pi■t of We supplement, and that the first publication of said notice SW4 of Section 15.TSN was in said paper bearing the date of the County,Colaredo. TYPE AND INTENSITY OF Q day of ilgirte,.,. e.,t , AD., 19 %3and PROPOSED & eDmMopntsm the last publication Bearing the date of the LOCATION: t of Weld County Food 70 and day of A.D., 19_ and a wcotm 170 and that the said WINDSOR BEACON has been published SIZE: Sen an s...mole or continuously and uninterruptedly for the period of 5 The public hearing wig be consecutive weeks,in said County and State, prior to the Mid In the weld county date of first publication of said notice, and the same is a CRoom First H wety newspaper within the meaning of an Act to regulate Comm, lion Floor.Grin County Centennw .ntsr, printing of legal notices an advertisements, approved 916 T.mh Street,Greeley, Colorado. Comments or May 18, 1931,and all prior is ar as in force. ab req related to l the ty above request ed Would be csi Planning Swat 1400 N. submitted Codor in wm_ In9 tot e 17th Avenue, Breeley. Colorado e0W1.betas Me a' P LISHER above&de or tM public .mine on Opobrti 199, Subscri d a d sworn to before�me this i day Copts at IS rW •n w' available for public of +..p.� 19 7—'z N.17th Avenue,0531Ohone - , VS . _ /1 rX ; co 9099 1-^1 //�I iLN-f NOTARY PUBLIC „ilia activ, RBxty My commission expires -,� -e� 2-.1 Jl�� . BeeteeS fit:m•pr•t / Beale ei or.w•t a,1MLr - ECEIVE ' CT 0 5 1993 D • Weld County Plemid0 931192 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. O17RAAVENUEO631 GREELEY, COLORADO80631 COLORADO DATE: September 3, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-343 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, October 5, 1993, at 9:00 a.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: David and Kayleen Hunt FOR: A Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 931192 DATE: October 5, 1993 CASE NUMBER: S-343 NAME: David and Kayleen Hunt, c/o Brian Grubb ADDRESS: 1300 30th Street 1/E2-32, Boulder, CO 80303 REQUEST: A Planned Unit Development Final Plan. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Southeast of Weld County Road 70 and Weld County Road 31 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 28.13 of the Weld County Zoning Ordinance as follows: The proposed PUD Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the proposed PUD District and plans of affected municipalities. The Town of Eaton found no conflicts with their interests, and the City of Greeley noted this proposal does not conflict with their Comprehensive Plan. The PUD Plan conforms to the proposed PUD District. The Utility Board reviewed and conditionally approved the PUD utility plan at its September 23 meeting. The proposed PUD plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. - Portions of the PUD plan site is located in the A-P Airport Overlay District Area. Structures associated with this development shall conform to the regulations of this overlay district. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 931192 RECOMMENDATION, S-343 David and Kayleen Hunt Page 2 1. Prior to recording the PUD plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The entrance and exit to the Planned Unit Development shall be designed to meet the needs of the Eaton School District. 2. The following notes shall be placed on the PUD plan plat: The uses permitted within the PUD Plan consist of E (Estate) and A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. All lots within the PUD Plan shall comply with the requirements of the Eaton Fire Protection District. All streets within the PUD Plan are private and shall be built to County Standards. All streets within the PUD Plan shall be maintained by the homeowners association, lot owners, and/or developer. Installation of utilities shall comply with Section 10 of the Weld County Subdivision Ordinance. North Weld County Water District shall provide domestic water to the residential uses. Sewer service shall be provided by individual septic systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be 20 feet. Drilling for oil and gas within the PUD Plan shall be limited to Lot 9. Fifty feet of right-of-way from the centerline of Weld County Roads 70 and 31 shall be reserved for future arterial roadway use. Passive portions of a radon mitigation system shall be submitted with an application for a building permit. 931192 RECOMMENDATION, S-343 David and Kayleen Hunt Page 3 No permanent disposal of wastes shall be permitted at this site. Fugitive dust shall be controlled on this site. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. - Individual sewage disposal systems are required for the proposed homes and shall be installed according to the Weld County Individual Sewage disposal Regulations. Individual Sewage Disposal System permits shall be finalized and approved by an Environmental Protection Specialist within one year of the application date. All construction activities that disturb more than five acres shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. An Air Pollution Emission Notice and/or Emissions Permit is required for construction activities disturbing more than 25 acres and can be obtained from the Air Pollution Control Division, Colorado Department of Health. Both on-site roads shall be graveled four inches deep to a width of 20 feet, with three foot graveled shoulders on each side. Borrow pits shall be next to the graveled shoulders, and 60 feet of right-of-way shall be reserved. Cul-de-sacs shall be constructed according to county standards. There shall be a paved approach with a 50 foot radius where both on-site roads intersect the county road. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations in the PUD Plan, and shall submit the information when a building permit is applied for. Lots 1, 2, 3, 4, 5, 6, 7, and 8 shall have animal units equivalent to Estate zoning. Lot 9 shall have animal units equivalent to agricultural zoning. Lot 9 shall not have any residential structures located upon it. The areas of open space shall not be allowed to be built upon, nor shall any livestock be allowed. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. 331192 RECOMMENDATION, S-343 David and Kayleen Hunt Page 4 Prior to releasing a building permit, the lot owner shall provide evidence to the Department of Planning Services' staff that the architectural control committee has approved plans for a single family dwelling and/or outbuilding. 3. The plat and covenants shall be submitted within 15 days of approval. 9a1192 ADDITIONAL COMMENTS David and Kayleen Hunt S-343 The City of Greeley indicated they would like to see the two northern-most lots removed from the development, and the density of the development be decreased. 931192 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO September 3, 1993 David and Kayleen Hunt c/o Brian Grubb 1300 30th Street Boulder, CO 80303 Subject: S-343 - Request for approval of a Planned Unit Development Final Plan on a parcel of land described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Grubb: 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 Tuesday, October 5, 1993, at 9:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, September 23, 1993, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton and Greeley Planning Commissions for their review and comments. Please call Gary Carsten (Eaton) , at 454-3338 and Hank Epstein (Greeley) , at 350-9783 for information regarding the dates, times and places of these meetings and the review processes. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to September 20, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than September 25, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the 931192 Brian Grubb S-343 Page 2 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. 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 contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Si cerely, Greg ompso Current Planner 931192 REFERRAL LIST NAME: David and Kayleen Hunt CASE NUMBER: S-343 REFERRALS SENT: September 3, 1993 REFERRALS TO BE RECEIVED BY: September 17, 1993 COUNTY TOWNS and CITIES Attorney _Ault .Health Department _Brighton _Extension Service _Broomfield Emergency Management Office Dacono v/ X Sheriff's Office '' X Eaton X Engineering ____Erie _Housing Authority Evans _Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest X Geological Survey 1—R Greeley _Department of Health Grover _Department of Transportation - Hudson Historical Society _Johnstown _ _Water Conservation Board Keenesburg X Oil and Gas Conservation Commission Kersey X Division of Wildlife La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer X Eaton F-4 Northglenn _Fort Lupton F-5 - Nunn Galeton F-6 _Pierce _Hudson F-7 Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 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-2 /FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 4/ X US Army Corps of Engineers _ _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills 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 North Weld Water District _Longmont • X RE-2 Eaton School District West Adams X Greeley #2 Canal P.O. Box 104 COMMISSION/BOARD MEMBER Lucerne, CO 80646 X Ron Sommer 931192 Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Subject: Hunter's View Estates, Final Plan To whom it may concern: The New Cache La Poudre Irrigation Company has reviewed the Hunter's View Estates proposal and has no concerns at this timef.We understand that the Department of Planning Services will send us a copy of the final planand the change p application d this proposal st we will have one more opportunity to review and comment on before final approval. Sincer ly, " -1(.7114- J f Harbert ( superintendent) A5ecvr:l -rev; c e o. /c'i 'ha e cd (1-e. ti in .93 4.ft:, 74w"Y tM,o� }� N ea/ fa be Co h g.'olevdr / I ar\ PIXTTr SEP 1 1993. ci f j Weld County Planning 931192 DWAINE D . KURTZ 33693 WEIR 31 GREELEY COLD . 352-2044 TO; WELD COUNTY PLANNING COMMISSION WELD COUNTY CO . RE; HUNTER 'S VIEW ESTATES CHANGE OF ZONE AND FINAL PLAT I 00 NOT SUPPORT THIS APLICATION FOR ZONE CHANGE ON LAND ACROSS WCR .31 EAST OF MY PROPERTY . THE CREATIVE ENTREPRENEUR EFFORT TO DESIGNATE AS MARGINAL LAND ACCORDING TO THE LENGTH OF AN IRRIGATION PIPE SYSTEM WOULD BE A DETRIMENTAL PRECIDENT IN ZONING OF WELD COUNTY . IF THE WIND DRIFT OF THE SPRINKLER IRRIGATION SYSTEM BEING USED AS A BASIS FOR THIS REZONING WERE TO INVADE THE RIGHTS OF THESE PUD OWNERS, COULD ANOTHER 100 FEET DR 100 YARD RADIUS BE DRIED UP ON THIS SPRINKLER AND THEREFORE BE MARGINAL AGRICULTURE LANDS AND SUITABLE FOR DEVELOPMENT? THE FUTURE WOULD INCLUDE THE OPTION OF THE LAND OWNER OF LOT 9 , CURRENTLY IRRIGATED, TO BUILD A RESIDENCE BY SHORTENING OR REDUCING THE ARC OF THE SYSTEM ALLOWING THAT ADDITIONAL DEVELOPMENT AND POTENTIALLY OTHER SUBDIVIDING TO FOLLOW . HARDLY THE ZONING SCENARIO I ENVISION FOR RURAL WELD COUNTY . THE ADJACENT " ESTATE TYPE PARCELS TO THE WEST" REFERRED TO IN THE APPLICATION INVOLVE 60 ACRES WITH 5 HOMES . THIS IS NOT A HIGH DENSITY USE THAT WOULD FACTOR IN JUSTIFYING PROPOSED USE OF ADJACENT AGRICULTURE LAND WITH LOT SIZES OF 1 .4 TO 3 .`k ACRES . 9311.92 NO EVIDENCE OF ACCESS TO IRRIGATION WATER IS INDICATED FOR THE BENEFIT OF INDIVIDUAL LOTS OR THE COMMONS AREA . THIS IS DETRIMENTAL TO A DENSITY OF USE THAT INCLUDES "ANIMALS AND LIVESTOCK" WITH "CORRALS BARNS, AND OUT BUILDINGS" . THE DEVELOPER MUST CONVEY WATER RIGHTS FOR ACREAGES OF THIS TYPE AND PROVIDE FOR IRRIGATION ACCESS AND USE TO BE CONSISTANT WITH RESIDENTIAL USE IN THIS AREA OF THE COUNTY . I DO NOT BELIEVE "DRYLAND" ACREAGES FOR RESIDENTIAL DEVELOPEMENT IS THE HIGHEST AND BEST USE OF THE PROPERTY . YOU WILL ALSO NOTE ACCESS TO THE SOUTH DEVELOPMENT MUST CROSS THE GAS PIPE LINE TO GREELEY WITH NO ALTERNATE ACCESS AVAILABLE . THE NOTHERN DEVELOPMENT REQUIRES ACCESS TO THE HIGH SPEED AND HIGHER DENSITY TRAFFIC OF WCR 31 . NEITHER ACCESS IS FOR THE BENEFIT OF THE POTENTIAL OWNERS OR THE PUBLIC. THE SITE PRESENTS NO UNIQUE FEATURES, EXCEPT AS CREATED BY THE OWNER, TO ALLOW FOR PUD ZONING CONSIDERATION . I REQUEST DENIAL OF THE PUD APPLICATION FOR HUNTER 'S VIEW ESTATE . (.; ._.. DWAINE D KURTZ`-' //*/�� DEG VE il OCT 0 41993 Wald County Planning Xt '''\ 931192 \ti) ECEI►�VE Dgerkeimotir 1 PLANNING SERVICES ' ONE(303)353-3845, EXT. 3540 K� Y ADMINISTRATIVE OFFICES C. Weld County ' 8 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 3, 1993 David and Kayleen Hunt c/o Brian Grubb 1300 30th Street Boulder, CO 80303 Subject: S-343 - Request for approval of a Planned Unit Development Final Plan on a parcel of land described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Grubb: 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 Tuesday, October 5, 1993, at 9:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, September 23, 1993, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton and Greeley Planning Commissions for their review and comments. Please call Gary Carsten (Eaton) , at 454-3338 and Hank Epstein (Greeley) , at 350-9783 for information regarding the dates, times and places of these meetings and the review processes. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to September 20, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than September 25, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the 91192 Brian Grubb D t C V E S-343 Page 2 V2f p 6 1993 Weld County Planning 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. 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 contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Si cerely, Greg ompso Current Planner 331192 at"- _ hY 1 ,' ! f V t4 a`, $5, c ES \\ %p +�R C en u en 4.10 d .O 0 0 . V (I) C7 O W 0 ,O CJ � o .-+ Mcr) O W $4 M O LU U C7 + LL (} 0 ZW Q C J co o O az 0 Fs. V I- awI -b t" 4 doow 03oa ` `14,- �U THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # S - 3y 3 THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE APPLICANT � STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF \la..11. yJ l , 19 Q s SEAL .. •yam (1.‘ AUELIG;•o �;. ' N TAR PUB C MY COMMISSION ER ZaES k\k,Nwitint.3.1 ( 1^1�`� LAST DAY TO POST SIGN IS: lA„() 4 Y�'.4"T 'u� I , 19g3. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 931192 s? it apt, EATuN SCHOOL DISTRICT h..-2 BOARD OF EDUCATION WELD COUNTY ADMINISTRATION Mary Lou Carsten. President 36 Cottonwood • P.O. Box 8 • Eaton, Colorado 80615 William E. Powell,Superintendent (303) 454-3402 Richard Johnson,Asst.to Supt. Keith McIntyre.Vice-President Manuel Jimenez, Princ. H.S. Margaret Schafer, Secretary Richard Johnson,Asst. Princ. H.S. Kenneth Sudduth, Princ. Middle School Russell Meeker.Treasurer Oren Nero, Princ. Eaton Elem. Jan Kreps,Vice-Secretary Walter Jeffers, Princ. Galeton Elem. DE C " Director September 22, 1993j.t SEP 2 4 1993 . 11 TO: Weld County Department of Planning Services liMCounty FROM: William E. Powell, Superintendent SUBJECT: Application from David and Kayleen Hunt for a Change of Zone The Eaton RE-2 Board of Education has met with Mr. Hunt on two occasions to talk about the proposed Hunter's View Estates on WCR 31 and WCR 70. The Board has directed the Superintendent to relay to the Department the Board's views regarding this matter. The Eaton RE-2 Board of Education understands that there will be more and more development of housing projects along the Front Range, including Weld County, and including the Eaton RE-2 School District. The school board is concerned that such housing developments will put more and more pressure on available classroom space. The Board is not opposing the development of Mr. Hunt as long as the following items are clearly understood: 1. Lot 9 is shown as a large area that is being farmed and is being irrigated by a large circular watering system. Mr. Hunt told the Board that Lots 1-8 are PUD, and Lot 9 is Agriculture zoned. Mr. Hunt assures the school board that Lot 9 is not intended now nor is it intended at any time in the future to be developed with houses. The school board does not want lot 9 develooed into houses: it wants lot 9 to remain agriculture zoned. 2. The Board is concerned where the main entrance into the housing development is shown on the drawings. It is on a steep slope of a hill which will make it hazardous for school buses loading or unloading children. The Board requested Mr Hunt to make sure that any entrancetexit to the housing development be de ned so t he main entrance is perpendicular to WCR 31. and not a slanted main entrance way. A school bus can enter and leave a perpendicular entrance way safer than a slanted entrance way. Mr. Hunt assured the Board he would comply with this request and that he would make a large, safe pull off area for a school bus, and that the main entrance will be perpendicular to WCR 31. The Board voted to support the housing development if the above concerns are addressed. If additional information is needed, please feel free to contact this office. / 7cerely, z_ZZC C IJCAJC �, William E. Powell Superintendent cc: Board of Education • Mr. David Hunt MEMBER OF NORTH CENTRAL ASSOCIATION SINCE 1914 9J1192 COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley "Wig September 16, 1993 SEP 2 1 1993 ci 'haft Greg Thompson, Current Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Greg: Case No's. Z-483 and S-343 Hunt Chance of Zone and PUD Final Plan Thank you for the referrals for the Hunt change of zone and PUD final plan. Because the submittals do not appear to have changed since the March 1993 sketch plan submittal, the City of Greeley's comments will be substantially the same. I will, however, try to clarify some of the points which were discussed in the Greeley Planning Commission April 27 meeting. In April, the Planning Commission found that the proposal is not in conflict with the City of Greeley's Comprehensive Plan but that it does not meet the intent of Resolution 7 , 1985. Resolution 7 was specifically adopted to address the recorded exemption referrals which were being received by the Planning Department beginning in 1985. However, it has been discussed by the Planning Commission that Resolution 7 may also apply to other subdivision requests within three miles of the City of Greeley. It is still the Planning Commission's position that "the overall gross density on any subdivision not exceed one dwelling unit per 20 acres within the area outside of the 2010 Growth Ring. " Therefore, the following recommendations of the Planning Commission will remain: 1. Either the number of acres in the project should be increased or the number of dwelling units should be decreased so that the density ratio does not exceed one unit per 20 acres. 2 . The northernmost two lots should be deleted from the plan. Note: The original minutes of the Greeley Planning Commission referred to the "odd sizes" of the northernmost two lots. According to staff members who were present at that meeting, concern also centered around the fact that the two northernmost lots did not appear to be integrated into the overall project. 931192 Greg Thompson September 16, 1993 Page Two 3 . The possibility of an agricultural easement affecting all the lots and agricultural parcel should be explored. Note: The agricultural easement concept is intended to give control over the use of the agricultural lot to all property owners of the other lots of the PUD. 4. Fifty feet of right-of-way from the centerline of Weld County Roads 70 and 31 should be dedicated (or reserved) for future arterial roadway use. Note: Although Weld County Road 70 does not appear to warrant the reservation for a proposed arterial, it is the policy of the City' s Public Works Department to set aside roads on section lines for potential arterials in the future; therefore, we would still ask that both roads have additional right-of-way dedicated or reserved. We appreciate the opportunity to comment, as always. Please let me know if you have any questions. Veery� /truly yours,CI)Lanell J. Adler Planner II kb cc: Planning Commission 931192 . p (e7 -13 ( DEPARTMENT OF PLANNING SERVICES SEP 2 4 PHONE (303) 353-3845, EXT. 3540 1�3 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O Weld County Planning GREELEY, COLORADO 80631 COLORADO RECEIVED SEP - "I 1993 September 3, 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: COLO.OIL&GAS C0NS.C0MM. Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 A>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://e,4,1 ) ,%,....„2:;"4 Agency: Coax. OIL- (jAs Cews _ Co, .. . Date: SEP 7, " 1993 931192 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY oc'co, Division of Minerals and Geology i Cr -, Department of Natural Resources , 1 313 Sherman Street, Rm. 715 *taus Denver,Colorado 80203 Phone(303)866-2611 Roy Romer FAX(303)866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director September 16, 1993 WE-94-0006 Mr. Greg Thompson Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Hunter's View PUD Dear Mr. Thompson: We have reviewed the materials submitted on the above referenced PUD as well as the general and engineering geology of the site. There appear to be no geology-related problems associated with this proposal which will not be adequately dealt with in the process of foundation investigations. As always, we recommend that the passive portions of a radon mitigation system be incorporated into design so that it is available if needed. Yours very truly, ,,,g7 Jeffrey L. Hynes Senior Engineering Geologist JH:B:\hd 0 SEP 2 0 1993 a M4+4 P-,.yty Planning 9.31192 mEmoRAnDum W in a Greg Thompson, Current Planner Weld County Planning September 15, 1993 To Date COLORADO Jeffrey L. Stoll, Director, Environmental Health il`� From C/ Subject: Case Number: S-343 Name: Hunt, David and Kayleen Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. No permanent disposal of wastes shall be permitted at this site. 2. Fugitive dust shall be controlled on this site. 3. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 4. An I.S.D.S. Evaluation on any existing septic systems will be necessary, prior to issuing the required septic permits on the existing systems. 5. Individual sewage disposal systems are required for the proposed homes and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The Division requires that this facility utilize existing public water supply. 7. Individual Sewage Disposal System permits must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 8. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 9. An Air Pollution Emission Notice and/or Emissions Permit is required for construction activities disturbing more than twenty-five (25) acres and can be obtained from the Air Pollution Control Division, Colorado Department of Health. JLS/343.S O E 1.� �+�! sEP 1 6 1993 11 wow reunty Planning 931192 rt4e--- ::-NH DEPARTMENT OF PLANNING SERVICES "Ripe PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES . GREELEY, N. ORA O AVENUE 140 COLORADO ENU COLORADO September 3, 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with -our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. c --- Please � refer " tom the enclosed lleetttte-r-. • Signed: 1Qaw,.A.�s' ac.,,ta Agency: (MLml47 �S�./ 1�--- Date: g- iO- q3 / 931192 mEmORAnDum Greg Thompson 7o planning Date September 19, 1999 COLORADO From Donald Carroll En• "neering FQ Subject: David and Kayleen Hunt S-343 I visited the location at Weld County Road (WCR) 70 and WCR 31 and have the following comments: The applicant is indicating that the roads will be graveled with a width of 20' , 3' gravel shoulders on each side, borrow pits and a 60' right-of- way. All streets will be maintained by the homeowners association. Cul- de-sacs at both ends will be constructed according to county standards with a minimum of 65' radius right-of-way and 55' radius to the edge of the gravel surface. We are recommending that both of these roads have a 4" depth of gravel. Also, I would like to see a paved approach at both Whitetail Place and Mallard Court with a 50' radius. These approaches keep from dragging gravel out onto the asphalt mat and also from breaking down the edge of the asphalt road. cc: Commissioner Baxter File S-343 mgreg13.pds ott IVE SEP 1 4 1993 ►9k rei nnajPlanning 931192 • DEPARTMENT OF PLANNING SERVICES PHONE (303)3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Will C. 1400 N 17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 3, 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the 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. Agency: Atte.thi 4/.47.,0 / 7- Date: 9793 c SEP 91993 Weld Pnunty Planning 931192 �• DEPARTMENT OF PLANNING SERVICES PHONE (303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO September 3 , 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17 , 1993 so that we may give full consideration to your recommendation. Please call Crag Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above . 1, We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: i� w Agency: r v7� .. • • T1 g / Date: SEP S 993 Weld County Plapa°99 1192 fiat DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 IWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO September 3, 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, TEN, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V 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 e enclosed letter. TOWN OF EATON igned: • Agency: 223 First Street P. O. Box 946 Date: Q/79'S Eaton, Colorado 8061 SEP b 1993 Web!rnunty Planning 931192 ti 4T °F DEPARTMENT OF THE ARMY t,'�s"n'�r, 4� g1W 4 4` CORPS OF ENGINEERS,OMAHA DISTRICT �� 2 TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 ' Qtt M LIT e r- .#, TLETON,COLORADO 801 23-6901 r ' - F r+ns m w ATTENTION OF September 20, 1993 ....Nina of R't • Mr. Greg Thompson Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Thompson: _ This concerns your case number Z-483, Hunters View Estates, located in Section 15, Township 6 North, Range 66 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. Reference is made to a September 15, 1993 wetlands determination conducted by Mr. Terry McKee of this office. During Mr. McKee's site visit, it was found that no wetlands exist at this site. This letter is to inform you that the proposed activity, assigned number 199380609, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any further questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Timo y . Car y Project ager nEC IVE SEP 221993 Weld County Planning 931192 retp DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WilDe N. 17TH AVENUE GREELEY,140 COLORADO NU COLORADO September 3, 1993 CASE NUMBER: S-343 TO WHOM IT MAY CONCERN: Enclosed is an application from David and Kayleen Hunt for a Planned Unit Development Final Plan. The parcel of land is described as part of the NW4 and part of the SW4 of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is southeast of Weld County Road 70 and Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. - - n 'Please �referr to the enclosed letter. Pripet /J�� j Signed: kW/a � � " `� Agency: CG7 72tu� r z4- , �My Date: _. L9 ' 93 QEC V Y OCT 0i1993 ! Weld CounW Plonnlne 91192 PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. 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: The W2 NW4 of Section 15, and all that part of the W2 of the SW4 of Section 15 lying north of the No. 2 Canal of the New Cache La poudre Irrigation Company, all in T6N, R66W of the 6th P.M. Weld County, Colorado (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED PUD SUBDIVISION Hunter's View Estates EXISTING ZONING A (Agricultural) NO. OF PROPOSED LOTS 9 TOTAL AREA (ACRES) 93-235 LOT SIZE: AVERAGE 10 36 MINIMUM 1.4 acres+ UTILITIES: WATER: NAME North Wild Qimty Water• District SEWER: NAME Individual Septic Systems GAS: NAME Public Service/Greeley Gas PHONE: NAME U.S. West ELECTRIC: NAME public Service DISTRICTS: SCHOOL: NAME Weld panty School District RE-2 Eaton FIRE: NAME Eaton Fire Protection District DESIGNER'S NAME Brian Gcvbb PHONE 786-1661 ADDRESS 1300 30th Street, 2_32 llholrjer. Cnlorado8 30.. _--- ENGINEER'S NAME peRaP'a& Short PHONE 356-3101 P ADDRESS 1231 8th Avenue Greeley, Colorado 80631 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME DNvid and ICaylein Hint PHONE 356-0224 ADDRESS 13610 Wild Chanty Rend 31 Greeley, Colnradn 80631 NAME PHONE ADDRESS NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME Rrian ("nth ADDRESS 13nn 3nth Gtrne1 #H'7-37 Houlder, lbl HOME TELEPHONE q 786-1f,F1 BUSINESS TELEPHONE W I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) SS STATE OF COLORADO) Signature: Owner or Authorized Agent sr 19 43 Subscribed and sworn to before melds day of �C. \/lh�/2.t: !../Ai C,,,„(7I/5.E A-/ NOTARY PUBLIC // My Commission expires PAMELA S. LUCKLR0IH, NO!fl'Y I'UUUU MY COMMISSION EXPIRES JULY 28, 1994 931192 r � POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , L2stvl!L �✓• /jU n f (name) , the undersigned, of 334/0 (✓G/t 3 // 6rmely Co. gdZJ / (address) , County of 1/e (�/( /State of (�0/0.-a aZ' /, , here- by constitute, make and appoint et-ian G, 1,6AJ (name) , of /300 3o lire•r /7/�/ g, -32 �l/5oH r •� / 90307 . (address) , County of /fie«/,e4 , State of ( _ rot cot ___-__, my true and lawful attorney- in-fact, for the following purpose : To represent me in the matter/of the foregoing attached application for a - C4'olle or/ 4 (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the _ !�J p— 1 ,, �rlu�✓� KO' " (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board. Subscribed and sworn to before me this _ day of 1415 _ opp____ 0 t. • reed (\ , No ry Public tiL'. ti c mj di a J y�11�KLy�� lQ . *P4y .... o+sion expires : _._ _ fir CG 804-79-012 931192 _ - " VIEW HUNTER'SESTATES • i • -:-.‘'-',7:7 am _ • k„w _ .. • CC • • 1.11•Irrie . hr sr .:....„4...haves^..' .. PEVEIPPriEtir ..) qy • . � L Oil �� R p y A yy Wie 19 gr aV .. ?J 3 6 }L rt rt� f NN ",-:" 4. PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356.4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. 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: The W2 11W4 of Section 15, and all that Part of the 172 of the S(4 of Section 15 lying north of the Na. 2 (anal of the New Cache la Parke Irrigation Company, all in T6N, R66W of the 6th P.M. Weld Canty, Colorado (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED PUD SUBDIVISION minter's View Estates EXISTING ZONING A (Agricultural) NO. OF PROPOSED LOTS 9 TOTAL AREA (ACRES) 93 235 LOT SIZE: AVERAGE 10.36 MINIMUM 1.4 acrrs+ UTILITIES: WATER: NAME teeth Weld Chanty Water District SEWER: NAME individual Septic Svstais; GAS: NAME Public Senn ce/(lreel ev (as PHONE: NAME Rs. West ELECTRIC: NAME A hl' c--^^ DISTRICTS: SCHOOL: NAME Weld (runty Srhnnl District RE-2 Eaton FIRE: NAME Raton Fire Prntai£n District DESIGNER'S NAME Brian Grubb PHONE 786-1661 ADDRESS 1300 30th Stmt. OR2-32 Boulder. Colorado 80303 ENGINEER'S NAME MoRae and Mont PHONE 356-3101 ADDRESS 1231 8th Avenue frsw1Q. Colorado 80631 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME revid and Raylean Amt PHONE 156-0224 ADDRESS 11610 Wald f.i,ty Rnad 31 Creel es. (hlnra&, 80631 NAME PHONE ADDRESS NAME PHONE _ ADDRESS rc £ di FFe ve) NAME Erin nn,hh ADDRESS lino 111th at,mt pe7-12 pn,l £Y,1nnrin 8!11O1 HOME TELEPHONE # 2a6 1661 BUSINESS TELEPHONE N I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) SS STATE OF COLORADO) Signature: Owner or Authorized Agent Subscribed and sworn to before me is St day of 19 �3• 9,21zZtvii 7 NOTARY PUBLIC My Commission expires PAMELA S.LUCKEROTH,NOWAHY YUbLiC MY COMMISSION EXPIRES JULY 28, 1994 931192 Hunter's Yew .Mates Change of Tone and Hnal flat This application is submitted by David and Kayleen Hunt of 33610 Weld County Road 31, Greeley, Colorado. The subject property is described as the W2 NW4 and that part of the W2 SW4 lying north of the Greeley#2 Canal, all in Section 15, 16N R66W of the 6th P.M. Weld County Colorado. The property is located approximately 1/2 mile north of Highway 392 on Weld County Road 31 which is a paved road. The Hunt's wish to develop the property in a comprehensive manner to include estate, residential and agricultural uses. This is a 93.235 acre tract of land with a variety of physical conditions. There is a center-pivot sprinkler system on the W2 NW4. This sprinkler irrigates (half circle) approximately 66 acres. The balance of the parcel is minimally irrigated using flood irrigation techniques. This parcel also includes approximately 18.707 acres in the W2 5W4 lying north of the ditch outside of the arc of the sprinkler. It is possible to irrigate most of this 18.707 acres but is very difficult and not cost effective. There is one single family dwelling on the property which is on the southwest side of the sprinkler circle on what is, proposed Lot 2. This is the Hunt residence. This home has access to Weld County Road 31 to the West. There are two existing accesses on the north side of the property from Weld County Road 70. One access is on the far east side and the other is approximately 300'east of Weld County Road 31. The property slopes generally to the south towards Neff Lake. All of the proposed lots will have views of the mountains and several of the lots will have views of at least one of the lakes. The concept of this PUP is to develop the entire 95 acres in a manner that maximizes the agricultural efficiency of the existing farming operation while creating several large lots that will have reasonable protection from the potential for incompatible development. This parcel is unique in that it has views of two lakes. The design, layout, height restrictions and landscaping restrictions of this development are set up to afford each of the lots the best view possible. Some homes will be limited to a single story to protect mountain and lake views within the development (see final plat) while landscaping areas are designated and height limitations placed on berms and plant materials. There are several reasons that we feel tha PUD procedure is necessary in this situation. The first reason is that if we were to apply for an estate zoned subdivision, we would not be allowed to include the 66 irrigated acres as a lot because it exceeds the maximum lot size permitted in that zone district. Yet we would like to include the 66 acres so that the uses may be more limited than what is allowed in the agricultural zone district. Sy limiting the 66 acres generally to crop production and animal grazing we are creating a buffer zone for the proposed residences. The proposed residences on the south side of the property will be protected by lakes to the south and east and by irrigated cropland to the north. The lots on the northwest corner of the propety will be protected by irrigated cropland to the south and east and several estate type parcels to the west. These buffer zones will insure the long term cpmpatibiility of the development with the 6/23193 9:47 AM page! 931192 Hunter's Vim States Manna of Zone- and Final Plat neighborhood and insure the long term value of the lots. It is not our desire to create a development that will be in conflict with the agricultural nature of the area. The architectural style of the homes will be such that they will be sensitive to the landscape,the neighborhood and the view of people traveling on highway 392. No reflective materials will be allowed on any structure although any structure consistent with the vernacular will be considered by the architectural review committee. The use of colors will not be limited except that no high-intensity colors will be permitted. Fencing will be limited to the use of solid woods including cedar, redwood and pressure treated lumber as well as finish masonry materials. Each lot will be allowed to have animals on the property in a manner consistent with the requirements of the Estate Zone District, or 1 animal unit per acre as long as the owner maintains one acre of irrigated pasture for each animal unit and has the appropriate screened corrals approved by the architectural review committee and constructed. Shelter for animals will be reviewed by the architectural control committee. Each lot may have one accessory structure strictly for sheltering animals and for livestock related equipment, not to exceed 1200 square feet. This is much more restrictive than the requirements of the Estate Zone District which allows up to 3,000 square feet of accessory structure, The idea is that accessory structures should not be allowed to equal or dominate the single family dwellings within the subdivision. There will be no outside storage of equipment, boats, recreational vehicles or automobiles. Each dwelling will be required to have a minimum 20'x20' garage. All garages will be attached to the main dwelling by at least ore common wall. If the owner has a recreational vehicle then he will be required to construct an attached R.V. garage. The uses allowed on Lot 9 will be the same as those allowed in the Estate Zone District except that the number of animal units allowed will be 4 per acre. Other uses allowed on agriculture zoned property by the Weld County Zoning Ordinance will be allowed on Lot 9 only after a Special Review Permit is approved by the Board of County Commissioners. In other words,the uses allowed on Lot 9 shall be the same as those in the Estate District. Any uses not allowed in the Estate Zone District but are allowed in the Agricultural Zone District may be allowed only as a use by special review. All construction must be approved by the Architectural Review Committee. There will be two areas of open space totaling approximately 2.8 acres. These areas are either wetlands or have the potential to be wetlands. No wetlands will be disturbed because of the development. This open space will only be used as a visual amenity for the residents of Hunter's View Estates and the responsibility of maintaining that open space in accordance with all County, State and Federal regulations will be that of the Homeowner's association. Based on a conversation with Terry McKee of the Army Corps of Engineers, we believe that no wetlands permits will be required. 6123/93 9:47 AM page2 9131192 Hunter's View iiistases Change of Zone and Rini flat Corrals will be limited to 10,000 square feet and dust shall be controlled by providing a sprinkling system. All areas not covered by a structure or a corral shall be seeded with adaptive grasses. The parcels need not be irrigated unless there is livestock on site. Pasture shall not be overgrazed to the point that grasses become less than 2"tall or less than 60% coverage. The site slopes gently so that soil erosion from water should be minimal. It is the opinion of the applicant that this proposal is consistent with the Urban Growth area goals and policies of the Weld County Comprehensive Plan. The subject parcel is within the Urban Growth Boundary of the City of Greeley. The City of Greeley Planning Commission has indicated that the sketch plan submitted was not in conflict with their comprehensive plan. The other technical issues raised by the planning commission will be addressed in the section of this application that responds to all of the referral responses to the sketch plan. The source of water will be a 2 inch line and a 3 inch line from North Weld County Water District. We have been in contact with the water district and they have indicated that a tap will be available for each lot as long as the districts conditions are met. There should be no problem meeting their requirements. The soil types are Wiley-Colby-Weld, Kim loam 1-3 percent slopes, and Kim loam,3-5 percent slopes. The potential for urban development in these soil types is listed as fair to good. More detailed information is attached. There are no oil or gas production facilities on the property. Oil and gas production will be allowed on Lot 9. Each lot will be served by an individual septic system. The Hunt residence already has a tap for natural gas. During conversations with Greeley Gas and Public Service, we have found that the ebeting tap may be adequate to serve the rest of the development. Access to natural gas is an unusual amenity for rural subdivisions and we intend to pursue aquiring hook-ups for each lot. All interior roads will be gravel roads, with a width of 20' plus 3' of shoulder on each side, plus borrow pits with a 60' total right-of-way. The size and type of fill and aggregate will be determined by county standards. All streets will be maintained by the homeowners association as will be outlined in the covenants. Cul-de-sac construction will be consistent with county standards with a minimum 65' radius right-of-way and 55' radius to the edge of the graveled surface. The lots range in size from 1.4 to 3.4 acres with lot 9 being 66 acres more or less. No more than 107 of any lot will be covered with impermeable surfaces. Therefore the lots should be more than capable of handling the runoff that is created on site. The 40'setback requirement for dwellings along the no. 2 canal will insure that there is adequate distance between the dwellings and the canal to absorb any runoff created. 6/23/93 9:47 AM page3 931192 Hunter's Yens Estates Change of Zia and Final flat No overlay districts affect the site. The property is not in a geologic hazard zone, a flood hazard zone or located on a commercial mineral deposit The surrounding land uses within 1/2 mile are as follows: o a small dairy approximately 1/4 mile to the south o four single family residences to the west o two single family residences the the northeast o irrigated cropland and a small lake to the east o Greeley#2 Canal and Neff lake to the south The Construction schedule will be determined by the approval date. If this application is approved some time in July or August,then the improvements will be made within 6 months. If the project receives final approval in September or thereafter,then the improvements will be constructed by August of 1994. The improvements included are: 1. construction of two access roads 2. burying the utilities such as water, gas,electric, and phone 3. constructing the entrance signage and 4. planting the entrance landscaping The estimated cost for all of the improvements is $30,000. The improvements will be paid for by the property owner. Homes will be constructed on an individual basis as the lots are sold. Response to Sketch Plan Referrals letter dated May 11, 1993 from Planning Staff The Weld County Engineering Department commented that the entrance,internal road and cul-de-sac's need to be designed to county standards. All of those items have been engineered and are shown on the final plat and other supporting drawings. The internal roads will be dedicated to the public but will be maintained by the Homeowner's Association as prescribed in the attached covenants. North Weld County Water District said in their letter (written by Thomas Ullman of TEC) that the existing 2" line in Weld County Road 31 and the existing 3" line in Weld County Road 70 will be adequate to serve the proposed development unless fire flows are required. I have spoken with Don Cadwallader,fire chief of the Eaton Fire Protection District and he indicated that a fire hydrant for fighting fires directly is not required. However, a hydrant for filling up the pumper truck and the tanker truck is desired. North Weld County Water District routinely installs this type of hydrant at the end of a line. There will be a hydrant on the north end of the property as well as the south end for the purpose of filling trucks. The Oil and Gas Conservation Commission had concerns that there may be an existing lease on the property. There is no oil or gas lease currently on the property. The applicant desires to allow drilling only on lot 9 (70 acres±-). In reality this does not restrict potential drilling operations any more than the setback requirments for oil & gas drilling. There is virtually no place on the smaller lots where drilling could take place without being too dose to a dwelling. 6/23/93 9:47 AM page4 931192 Hunter's Kew estates Chanl ae of pone and hnal Plat The Army Corp of Engineers merely stated that there is any dredging or filling of wetlands then a permit will be required. As has been stated in previously, there will be no dredging or filling of any wetlands. Those areas are being set aside as open space that will be maintained by the Homeowner's Association in accordance with all applicable County, State and Federal regulations. The City of Greeley has indicated that 50' of right-of-way from the center line of Weld County Roads 70 and 31 should be reserved. Reserving 50'from the center line of Weld County Road 31 is acceptible. However, WCR 70 is a gravel road designated as a County local (60'total r.o.w.) which will only be used by the farming operation. Therefore,the applicant feels that the requirements of the County are adequate and that 30'from the center line is adequate. Regardless, the applicant is willing to comply with the recommendation of the City of Greeley. The City of Greeley also had concerns about the average density exceeding one unit per 20 acres. This is in reference to Resolution 7. 1985 which was drafted and adopted in response to the number of recorded exemption appications that were being reviewed by the city. The Greeley Planning Commission did not want to review every recorded exemption application sent to them so they adopted Resolution 7 so that the planning staff would have the authority to make a recommendation. It is the opinion of the applicant that the resolution does not, nor was it intended to apply to Planned Unit Developments or Subdivisions. Finally, the City of Greeley recommended that the two northern lots should be deleted because of their "odd size". We think that the planning commission was referring to the shape of the lots because the size is consistent with the size of the southern lots. The shape of all of the lots is in conformance with the subdivision regulations of Weld County. We would be happy to respond to the concerns of the City of Greeley upon further clarification. If further information is required, please call the numbers listed on the application form. We would prefer that you call Brian Grubb first at 786-1661 since the property owner is in the middle of the busy season. 6/23/95 9:47 AM page5 931192 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Legal Description: The W2 NW4 and that mart of the W2 SW4 lying north of the no. 2 canal of the New Cadre La Pate Irrigation Cbmpany, all in Section 15, T6N, R66W of the 6th P.M. Weld County Colorado STATE OF COLORADO ) ) SS COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The fore ing ins rurument was subscribed and sworn to before me this 4Q day , 19 WITNESS my hand a• : o 'cial seal. r IJ A- , p7A �iY'•. I ' G o = Notary P`• is My= issipFr'pt. res:01)0,611WtaX 9,31192 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: Toe W2 NW4 and that part of the W2 9.44 lying north of the no. 2 canal of the New Cade La Poudre Irigation Company, all in Section 15, T6N, R66W of the 6th P.M. Weld County Colorado STATE OF COLORADO ) SS COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under consideration as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. dehe foregoi instrument was subscribed and sworn to before me this lQ day of r11933, WITNESS my hand and official '>tal.p : • • 11-'-', ...11-'-', ...p UBL1C:' �j'•., ••' c Notary ublic ` My Commission Expires: nOVifhit `„,2'1r f `95" 931192 DRA Prop.Dy i. /P l e_fic Dab =1019D em DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF HUNTER'S VIEW ESTATES A PLANNED COMMON INTEREST COMMUNITY WELD COUNTY, COLORADO THIS DECLARATION, made on the date hereinafter set forth by David Hunt ("Declarant") RECITALS: WHEREAS, the Declarant desires to create within the Properties, described in Exhibit "A" , a planned common interest community, the name of which is Hunter's View Estates, Planned Common Interest Community, for the benefit of the community; and WHEREAS, the Declarant desires to provide for the preservation of the values and amenities in the community including the maintenance of the roads, natural areas and other common areas; and, to this end, desires to subject said Properties to the covenants, restrictions, easements, charges and liens hereinafter set forth which are for the benefit of said Properties, and each Owner therein, his or her heirs, successors, personal representatives, grantees, and assigns; and WHEREAS, it is desirable, for the efficient preservation of the values and amenities in the community, to create an entity which has the obligation and powers of maintaining the common area and facilities, of administering and enforcing the covenants and restrictions and of collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused to be incorporated under the laws of the State of Colorado, as a non-profit corporation, the HUNTER'S VIEW ESTATES HOMEOWNERS ASSOCIATION, INC. , for the purpose of exercising the duties, functions and responsibilities as herein set forth. NOW, THEREFORE, the undersigned Declarant declares that the Properties are and shall be held, transferred, sold, conveyed and occupied subject to the restrictions, limitations, uses, covenants, conditions, charges and liens hereinafter set forth, and that they shall run with the land and be binding on all parties having any right, title or interest in the said Properties or any part thereof, their heirs, successors and assigns, and that they shall inure to the benefit of the Association and of each Owner therein. 1 931192 ARTICLE I Definitions Section 1.01. Submission of Real Estate. (a) Declarant hereby declares that all of the real estate described in Exhibit A shall be held or sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real estate and be binding on all parties having any right, title or interest in the real estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Owner thereof. Additionally, Declarant hereby submits the real estate to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33 . 3-101 et seq. , Colorado Revised Statutes, as it may be amended from time to time (the "Act") . In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. Section 1.02 . Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the plat or map shall have the meanings specified or used in the Act. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to the HUNTER'S VIEW ESTATES HOMEOWNERS ASSOCIATION, INC. (b) The "Properties" shall mean and refer to all that real estate described in Exhibit A attached hereto and by reference made a part hereof, Weld County, Colorado, and such additions thereto, as may hereafter be brought within the jurisdiction of the Association pursuant to Article II hereof. (c) "Unit" or "Lot" shall mean and refer to any Lot or Unit shown upon any recorded Plat of the Properties which is described by a Lot or Unit number and which is not a part of the Common Areas as hereafter defined; however, it shall not include outlots which are generally designated by letters. Any time an outlot, or any portion thereof, is added to or combined with a Lot, it shall thereafter be governed by all provisions of the Declaration relating to Lots. (d) "Owner" shall mean and refer to the recorded Owner, whether one or more persons or entitles, of the fee simple title to any Lot intended for residential purposes situated within the Properties. (e) "Common Areas" shall mean and refer to those areas shown on any recorded Plat of the properties, or improvements thereon, 2 931192 which are dedicated to or acquired by the Association for the common use and enjoyment of the Owners including certain outlots. "Common Areas" shall also include any other land from outside the Properties dedicated or acquired for such purposes. (f) "Assessments" shall mean all monies due the Association from Owners as duly assessed by the Board of Directors of the Association in accordance with this Declaration, and the Association' s Articles and Bylaws. ARTICLE II Names; Description of Real Estate and Properties The name of the Planned Community is Hunter' s View Estates Planned Common Interest Community and covers the real estate set forth in Exhibit A and is located in Weld County, Colorado. Section 2.01. Number of Units. The number of Units is 9. The Declarant reserves to rights to create additional Units. Section 2 .02. Identification of Units. The identification number of each Unit or Lot is shown on the plat or map and Exhibit B of this Declaration. Section 2 .03. Unit Boundaries. The boundaries of each Unit are located as shown on the plat or map. Section 2 .04. Additional lands may become subject to this Declaration upon petition of the Owner thereof and upon approval in writing of David Hunt; however, after David Hunt has relinquished all interest in the Architectural Control Committee under Article VI, Section 6. 01, written approval shall be by the Association. In the event properties are added, they shall then be a part of the scheme of this Declaration and subject to the jurisdiction of the Association and be thereafter deemed as included in the definition of "Properties" . ARTICLE III The Association Section 3.01. Authority. The business affairs of the Planned Community shall be managed by the Association, a Colorado nonprofit corporation. The Association shall be governed by its bylaws, as amended from time to time. Section 3.02. Powers. (a) The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Association. Unless otherwise provided, the Association in managing the business affairs shall follow the provisions of 3 931192 Sections 38-33 . 3-306 through 38-33 . 3-310. Notice of any meeting of the Association shall be given to all Unit Owners by regular mail not less than 14 days prior to the meeting. (b) The Association may assign its future income, including its rights to receive Common expense assessments, only by the affirmative vote of the Unit Owners of Units to which at least 51 percent of the votes in the Association are allocated, at a meeting called for that purpose. Section 3.03. Declarant Control. The Declarant shall have all the powers reserved in Section 38-33-3 . 303 (5) of the Act to appoint and remove officers and members of the Executive Board. Section 3.04. Owners shall be Members. Every Owner shall be a member of the Association and such membership shall be appurtenant to the Unit giving rise to such membership, and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon sale or transfer of Owner's interest in said Unit and then only to the transferee of said Unit Section 3.05. Voting Rights. There shall be one vote for each Unit owned; however, when more than one person or entity is the Owner of a Unit, their vote shall be exercised as they among themselves determine. The Association has the right to suspend the voting rights of an Owner if the Assessment against his Unit remains unpaid for thirty days after the due date referred to in Article V, Section 5. 04, and for a period not to exceed sixty days for any infraction of its published rules or regulations. ARTICLE IV Property Rights in Common Areas Section 4.01. Owners' Easements of Enjoyment. Every Owner or his tenants shall have a right and easement of enjoyment in and to the Common Areas which right and easement shall be appurtenant to and shall pass with the title to every Unit subject to the following provisions: (a) The right of the Association to suspend such easement of enjoyment in and to the Common Areas if (1) an Assessment against an Owner's Unit remains unpaid for thirty days after the due date referred to in Article V Section 5. 04 ; and if (2) a member of the family, a guest or an invitee of an Owner or his tenant is found guilty by the Association of any infraction of its published rules or regulations, which suspension may not exceed sixty days; (b) Such rules and regulations as may be adopted from time to time by the Board of Directors of the Association; 4 931192 (c) The right of the Association to charge fees for use of the Common Areas and to limit the number of guests of members; (d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility provided the instrument of dedication or transfer is executed by two-thirds of the Owners. (e) The right of the Association to borrow money for the purpose of improving the Common Areas and facilities, and in aid thereof, to encumber said property with the provision that the rights of the holder of any encumbrance shall be subject to the rights of the members of the Association as stated herein while such encumbrances is current and not in default. Section 4.02 . Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas to members of his family or his tenants who reside on his Lot. Section 4.03. Use Restoration. The use of the Common Areas shall be subject to the following restrictions. (a) No use shall be made of the Common Areas which will in any manner violate the statutes, ordinances, rules or regulations of any governmental authority having jurisdiction over the Common Areas; (b) No activity shall be conducted on any part of the Common Areas which will permanently deny free access to such areas unless an instrument is recorded which is executed by two-thirds of the Owners wherein the property is legally described and its intended use is set forth with some particularity. ARTICLE V Covenant for Assessments Section 5.01. Creation of Association Lien and Personal Obligation to pav Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual and special Common Expense Assessments. Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Unit Owner at the time when the assessment or other charges became or fell due. The personal obligation to pay any past due sums due the Association shall not pass to the successor in title unless expressly assumed by them. 5 931192 The Common Expense Assessments of the Association shall be a continuing lien upon the Unit against which each such assessment is made. A lien under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Security Interest on the Unit recorded before the date on which the Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental assessments or charges against the Unit. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the Association's lien except that sale or transfer of any Unit pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association' s lien as provided in the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof. Section 5.02 . Purpose of Assessments. The assessments levied by the Association through its Executive Board shall be used for the purposes of promoting the health, safety, and welfare of the residents in the Common Interest Community for administration, management and maintenance of all common areas and common improvements, maintenance of all internal roads including snow removal and to pay for all upkeep, repair and maintenance of all items set forth in Section 38-33 . 3-307 of the Act. Section 5.03. Uniform Annual and Special Assessments. Common expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Exhibit B of this Declaration. Annual and Special Assessments shall be set at a uniform amount for all Units within the Properties. Special Assessments shall be set at a uniform amount for all Units within the Properties except only for Units owned by David Hunt for which a marketing effort has yet to be commenced. Section 5.04. Determination of Annual Assessments. The Common Expense Assessment shall be made on an annual basis against all Units and shall be based upon the Association' s advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments may be collected in the manner as determined by the Board of Directors. Common Expense Assessments shall begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. At least ninety days prior to the end of each 6 931192 calendar year, the Board of Directors of the Association shall determine by budget the amount of the total Assessment necessary to pay those expenses to be incurred by the Association in the following calendar year pursuant to the provisions of these covenants, and they shall divide that sum among the Units as above provided. The Association shall then give written notice of the budget thereof to each Owner by ordinary mail pursuant to Section 38-33 . 3-303 of The Act. Simultaneously with the determination of the Assessments, the Board of Directors shall establish a "due date" for the payment of said annual Assessment, and said due date shall be specified in said notice of Assessment. The due date shall be a time no sooner than thirty days after said notice to Owners is mailed. As an alternative, the Board of Directors may determine that said annual Assessments may be paid on an installment basis of semi-annually, quarterly or monthly and set "due dates" for each such installment with the first due date being no sooner than thirty days after said notices of Assessment to the Owners are mailed. Said notices of Assessments shall specify the appropriate due dates. Section 5.05. Special Assessment - Procedure. In addition to the annual Assessments authorized herein, the Association may levy special Assessments for items or expenses of a special or one- time nature, including without limitation, the defraying, in whole or in part, the cost of construction of a capital item on the Common Areas, unexpected repair or replacement of a capital item, including fixtures and personal property related thereto; provided that, any such Assessment shall have the assent of a two-thirds vote of the members at a meeting to be held as hereafter provided. The procedures set forth in Article III of the Bylaws of the Association for special meetings shall be adhered to for such a meeting, except as follows: (a) Voting shall be in person or by proxy as provided by the Act; however, legal entities may designate a representative who is a principal thereof for voting purposes (ex. , an officer, a partner or a venturer of a Unit Owner) ; and (b) The quorum at the first meeting called for this purpose shall be equal to 50% of the number of Units then within the Properties; and (c) If a quorum is not obtained at the first meeting, a second meeting may be called for a date no later than sixty days following the first meeting, and at said second meeting the quorum requirement shall be half that required for the first meeting; and (d) Should a lack of quorum require subsequent meetings, the sixty day requirement shall continue, but the quorum requirements shall be halved for each such meeting; and 7 931192 (e) Once a quorum is obtained, the quorum requirements shall not be further reduced for subsequent meetings considering the same proposed special Assessment. Once a special Assessment has been approved, the Board of Directors shall establish a due date(s) therefor and provide for the notices as required in Section 5. 04 above; and further, the Board of Directors may permit installment payments over a period of years not exceeding five years. Section 5.06. Effect of Non-Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, shall bear interest at the rate as determined by the Executive Board and the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessments charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner' s Unit. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Section 5.07 . Working Fund. The Association or Declarant shall require the first Owner of each Unit (other than Declarant) to make a non-refundable payment to the Association in an amount equal to one-sixth of the annual Common Expense Assessment against that Unit in effect at the closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the sale by Declarant of each Unit, as aforesaid, and shall be maintained for the use and benefit of the Association. Such payment shall not relieve an Owner from making regular payments of assessments as the same become due. Upon the transfer of his Unit, an Owner shall be entitled to a credit from his transferee for any unused portion of the aforesaid working fund. Section 5.08. Assessment Certificate. The Association shall, upon demand and upon payment of a reasonable fee not to exceed $25. 00, furnish to any person in interest a certificate in writing, signed by an officer of the Association, indicating the then current status of the annual and special Assessments. Once issued, such certificate shall be conclusive evidence of the facts stated therein. 8 931192 ARTICLE VI Architectural Control Committee Section 6.01. Composition, Appointment and Removal. There shall be an Architectural Control Committee (A.C.C. ) presently composed of three members namely David Hunt, Kayleen Hunt and Brian Grubb. Such members may be removed at any time by David Hunt and in the event of such removal or the death, incapacity or resignation of any one of such members, David Hunt shall have absolute authority to appoint a successor who in like manner may be removed at any time by David Hunt. Also David Hunt may designate a person to serve on either Committee during the temporary absence of any one of such members. Furthermore, David Hunt may at any time in its sold discretion increase the A.C.C. Committee to five members and therefore decrease the number to not less than three. The removal of members, the appointment of successor members, the designation of temporary members and the increase or decrease in the number of members for either Committee shall be accomplished by the execution of an appropriate instrument by David Hunt and the filing of it with the Association. David Hunt may, by instrument in recordable form, relinquish all interest in the A.C.C. by recording it in the Weld County records, and thereafter the aforementioned powers relating to the Committees shall be exercised by the Association. Section 6.02. Review by A.C.C. No structure, whether residence, accessory building, antenna, flagpole, fence, wall, sign, house numbers, mailbox, exterior lighting, or other improvement shall be constructed or maintained upon any Unit, outlot or upon any of the Common Areas, and no alteration or repainting of the exterior of a structure shall be made unless complete plans, specifications, and Unit plans, therefor, showing the exterior design, height, building material and color scheme thereof, the location of the structure plotted horizontally and vertically, the location and size of driveways, fencing, walls and windbreaks, and the grading plan shall have been submitted to and approved in writing by the A.C.C. Section 6.03. Procedures. The A.C.C. may charge a fee not exceeding $75. 00 for the review of each set of residential or accessory building plans and specifications submitted. Such charge shall be paid by the person submitting such plans and specifications for approval and the plans and specifications shall be deemed not submitted until the fee is paid. A quorum at any meeting of the A.C.C. shall consist of at least three members thereof and any decision shall be reached by a majority vote. The A.C.C. ' s approval or disapproval, as required by any provision of this Declaration, shall be in writing, and any approval shall expire in one year if construction has not by then commenced; furthermore, the A.C.C. may impose any conditions it considers advisable on any approval or on the use or maintenance of any 9 931192 improvement. Any plans and specifications submitted and not approved or disapproved as aforesaid within thirty days shall be deemed disapproved. the A.C.C. shall maintain written records of all applications submitted to it and all actions it may have taken, and a copy of such plans, specifications, and Lot plans as finally approved, shall be retained by the A.C.C. Section 6.04. A.C.C. 's Discretion and Non-Liability. The A.C.C. shall exercise its best judgment to see that all improvements and construction within the Properties conform to and harmonize with existing surroundings and structures; however, the A.C.C. has caused to be prepared a "Site and Building Design Guidelines" booklet for David Hunt which will be supplemented and amended from time to time and the most recent version thereof shall serve as the primary yardstick against which plans and specifications submitted shall be measured. The A.C.C. , or its duly authorized representatives, shall not be liable in any manner for any action taken or failure of action in these premises. Section 6.05. Waiver. The A.C.C. may, at its discretion, waive any provision of this Article VI of this Declaration in the event it finds a practical difficulty or unnecessary hardship. Section 6.06. Storage and Trash. All equipment, garbage cans, service yards, wood piles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Units and streets. All rubbish, trash or garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. All vegetation throughout the entire property, with the exception of trees, shrubs, Yuccas and other landscaping plants shall be limited to 12 inches in height. ARTICLE VII Development Rights and Other Special Declarant Rights Section 7 .01. Development Rights and Special Declarant Rights. The Declarant reserves the following Development Rights and other Special Declarant Rights for the maximum time limit allowed by law: (a) the right to complete or make improvements indicated on the plats or maps; (b) the right to maintain sales offices, management offices and models in Units or on the Common Elements. (c) the right to maintain signs on the Unit to advertise the Unit; 10 931192 (d) the right to use, and to permit others to use, easements through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration; and (e) the right to appoint or remove any officer of the Association or any Director during the Declarant Control Period consistent with the Act. Section 7.02 . Limitations on Development Rights and Special Declarant Rights. Unless sooner terminated by a recorded instrument signed by the Declarant, any Development right or Special Declarant Right may be exercised by the Declarant for the period of time specified in the Act. ARTICLE VIII Allocated Interests Section 8.01. Allocated Interests. The undivided interest in the Common Elements, the Common Expense liability and votes in the Association allocated to each Unit are set forth in Exhibit B. Section 8.02. Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows: (a) the undivided interest in Common Elements, on the basis of 1/9; (b) the percentage of liability for Common Expenses, on the basis of 1/9 ; (c) the number of votes in the Association, on the basis of 1/9. One vote per Unit. ARTICLE IX Land Use Restrictions Section 9.01. Use and Occupancy Restrictions. Subject to the Development Rights and Special Declarant Rights reserved by the Declarant, the following use restrictions apply to all Units and to the Common Elements: Section 9.02. County Regulations. Zoning ordinances, rules and regulations of the County of Weld, State of Colorado, are considered to be a part hereof, and to any extent that these covenants might establish minimum requirements which conflict with the minimum requirements established by said zoning ordinances, rules and regulations, the most restrictive shall apply 11 931192 Section 9.03. Residential Purposes Only. All Units in the Properties, except those specifically designated by David Hunt, shall be for residential purposes only and no building shall be erected or placed on any Lot other than one private single-family dwelling, together with a private garage and such outbuildings as are customarily appurtenant to such a dwelling. An "outbuilding", as the word is used herein, is intended to mean an enclosed covered structure not directly attached to the dwelling which it serves. Section 9.04. No Business Activity-Nuisance. No trade or business activity shall be conducted, carried on or practiced on any Lot or in any residence or dwelling constructed thereon; however, until such time as all of its Units within the Properties have been sold, David Hunt may authorize the existence of a real estate sales office therein. No Owner of a Unit shall suffer or permit any residence or dwelling erected thereon to be used or employed for any purpose that will constitute a nuisance in law or that will detract from the residential value of said Unit or the other Units in the Properties. Section 9.05. Animals. An Owner may keep animals and livestock upon a Parcel for recreational purposes, 4-H projects and for use by the Owner's immediate family, subject to the restrictions and limitations set forth on the Plat and: (a) Each land unit shall at all times be maintained in a clean and sanitary condition. (b) No land unit shall be overgrazed and the character of the Parcel shall not be changed by the grazing of animals and livestock. (c) All animals and livestock shall be cared for in a humane and husbandlike manner. (d) Corrals, barns and other outbuildings may be erected and maintained for the animals and livestock, provided that the structures are first approved in writing by the Architectural Control Committee. (e) All animals and livestock shall be confined, by a fence approved in writing by the Architectural Control Committee, to that portion of a land unit that is not in the open space easement. (f) Household pets such as dogs and cats shall be permitted on any land unit, provided that said pets shall remain under the control of their owner at all times by voice control or physical restraint and shall not be allowed to chase livestock or wildlife. Household pets may not be kept, bred or maintained on land unit for commercial purposes. 12 931192 Section 9.06. Building Approval, Permits and Completion. Plans, specifications and Unit drawings showing location of all buildings must be approved in writing by the Architectural Control Committee and all applicable building code permits and approvals must be obtained before any construction is commenced. The construction of any buildings must be completed within eighteen (18) months of the date of issue of the Building Permit, and no dwellings shall be occupied unless and until a Certificate of Occupancy has been obtained from the building department. Section 9.07. Storage and Trash. All equipment, garbage cans, service yards, wood piles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Lots and streets. All rubbish, trash or garbage shall be regularly removed from the property, and shall not be allowed to accumulate thereon. All weeds must be cut back to a maximum height of twelve (12) inches. Section 9.08. Temporary Structures. No structure of a temporary character nor any trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. Section 9.09. Septic Tanks. Unless otherwise approved by the Architectural Control Committee, no septic tank or field system shall be nearer than forty (40) feet to any side Unit line of any Unit. Section 9. 10. Trees and Garden Area. The general plan of landscaping for each Unit referred to in Article II, Section 2 . 02 hereof, shall include assurance satisfactory to the Architectural Control Committee that at least two (2) evergreen trees with a minimum height of eight (8) feet and at least two (2) deciduous trees with a minimum caliper of one inch shall be planted within nine (9) months after the residence is constructed. No tree or trees, whether now or hereafter grown upon any part of the subject property, shall be cut down without prior written approval of the Architectural Control Committee, provided however, that this restriction shall not apply unless such tree is more than two (2) inches in caliper as measured one foot above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees within the Properties. A family garden not to exceed 1, 000 square feet is permissible, but no additional ground shall be broken for farming purposes. Section 9.11. Domestic Water Wells. Individual domestic wells are prohibited. Section 9. 12. Surface Water. All surface drainage, whether offsite or onsite, shall be permitted to freely pass through all Units as required in order to reach its natural destination. All natural drainage ways shall be maintained in their existing 13 931192 conditions and/or capacity. No primary or secondary structures, fences or other obstructions will be allowed within the 100 year flow limits as shown on file with Weld County. Any rechannelization or regrading of Lots shall be such that the historic with the adjacent property owners. Section 9. 13. Natural Park. Outlots shown on the plat of Hunter's View Estates are not intended for use by the general public, but rather dedicated to and is to be maintained by the Association as a natural park and Common Area for the exclusive use and benefit of the members of the Association. Section 9. 14. Antennas. No exterior radio, short wave, television, satellite dish, or other type of antenna shall be installed unless approved by the Architectural Control Committee. Satellite dish requests must be submitted with a landscaping plan displaying proper screening from adjacent units. Section 9. 15. Amendment of Land Use Restrictions. The right to amend, alter, or modify any part of this Article except as to the provision of Section 9. 17, is hereby expressly granted to the Architectural Control Committee for a period ending December 31, 1995. Thereafter, such right can only be exercised by members of the Association as provided in Article XI, Section 11. 02 below. Section 9 . 16. Nuisance. Nothing shall be done or permitted on any land unit which is or may become a nuisance. No obnoxious or offensive activities shall be conducted on any land unit. Recreational use of all-terrain vehicles, motorcycles, snow mobiles and similar vehicles or equipment on a land unit shall be kept to a minimum. ARTICLE X Easements and Licenses Section 10. 1. Recording Data. All easements and licenses to which the Unit is presently subject are recited in Exhibit A. In addition, the Unit may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration. Section 10.02 . Developer's Reservations. An easement right- of-way is reserved over and across dedicated outlots and the Bridle Paths by and in favor of David Hunt for purposes of developmental work which shall include the right to erect temporary buildings and fences to store any and all materials which easement and right of way shall terminate and expire at such time as David Hunt relinquishes its interest in the Architectural Control Committee as provided in Article VI, Section 6. 01 above. 14 931192 ARTICLE XI General Provisions Section 11.01. Enforcement. The conditions, covenants, restrictions and reservations contained in this Declaration shall run with the land, and be binding upon and inure to the benefit of the Owners of every part and parcel of the Properties, including outlots and the Common Areas. These conditions, covenants, restrictions and reservations may be enforced as provided hereinafter, and pursuant to all the rights and powers granted by the Act, by each Owner, as well as by the Architectural Control Committee or the Association with each of the latter two acting for themselves and as trustee on behalf of the Owners. Each Owner, by acquiring an interest in the property, shall be conclusively deemed to appoint irrevocably the Architectural Control Committee and the Association as the Owner's trustees for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained (e.g. , if a structure is built without prior approval) shall give to the Association, the Architectural Control Committee and to the Owners, or any of them, the right of bringing proceedings in law or equity against the party violating any of the said covenants, conditions, restrictions, and reservations, to enjoin the party from so doing, to cause any such violation to be remedied, and to recover damages, including attorneys fees, resulting from such violation. In addition, violation of any such covenants, conditions, restrictions and reservations shall give to the Architectural Control Committee, acting as the trustees, the right to enter upon the premises and abate, remove, modify or replace at the expense of the Owner thereof any structure, thing or condition that may exist thereon contrary to the extent and meaning of the provisions hereof; provided, however, that nothing contained herein shall give the right to enter upon the premises of any Owner without due process of law. Every act, omission of act, or condition which violates the covenants, conditions, restrictions and reservations herein contained shall constitute a nuisance and every remedy available in law or equity for the abatement of public or private nuisances shall be available to the Owners, Architectural Control Committee and the Association. All such remedies shall be cumulative and not exclusive Any expenses, including attorney fees, incurred by the Architectural Control Committee or the Association by virtue of this Section, shall become an Assessment against such Owner, and the Association may proceed according to the provisions for collecting Assessments as set by this Declaration of Covenants. In any legal or equitable proceeding to enforce the provisions hereof or to enjoin their violation, the party or parties against whom judgment is entered shall pay the attorneys' fees of the party. or parties for whom judgment is entered in such amount as may be 15 931192 fixed by the court in such proceedings, and such attorney fees may be assessed as above provided. The failure of the Owners, Architectural Control Committee or the Association to enforce any of the conditions, covenants, restrictions or reservations herein contained shall in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions or reservations, and the Owners or the Architectural Control Committee shall not be liable therefor. Any enforcement action or abatement proceeding under this Section shall be deemed timely taken or filed if commenced with three years of first notice to the party enforcing these covenants unless a shorter time is established by law. Section 11.02. Duration and Amendment. The covenants and restrictions of this Declaration shall be in effect until December 31, 2014 , after which time said covenants shall be automatically extended for successive periods of ten (10) years. Subject to the provisions of Article IX Section 9 .21 above, the covenants and restrictions of this Declaration may be amended prior to December 31, 2012 , by an instrument signed by not less than eighty percent (80%) of the Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Owners. Any such amendment shall be duly recorded. Section 11.03. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the party who appears as Owner on the records of the Association at the time of such mailing. Section 11.04. Severability. Invalidation of any provision of these covenants or restrictions by judgment or court order shall not affect any other provision which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned, David Hunt, herein, has hereunto set its hand and seal this day of , 1993 . David Hunt 16 931192 STATE OF COLORADO) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1993 , by David Hunt. Witness my hand and official seal. My commission expires: Notary Public 17 931192 STATE OF COLR9ADO CERTIFIC -'E OF TAXES DUEjr_ CA s.S. • COUNTY OF WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sal' appears of record in the office,on the following described property,to-wit: TR NO. PARCEL 1 .3".?"[.It,i6, 17830 W2NW4 & 4A3':'.SWO 15 6 a:.6 N OF 02 CANAL I:XC; NAME 62080515000027 F: I:NT OO&hl (;:≥R2 D) HUNT! Di"i'V:E:( W 8: KAYL..I:i :iN ;1 VENDOR NO. DF;;:I:AN C.:4:.:LWB 11/873 T19,`?T? *I AXE S 'f602„ 70 TOTAL AMOUNT DUE: FOR rii:I:S; PARCEL IS $0.00 TAX AUTHORITY LEVY TAX TAX AUTHORITY LEVY TAX . SCHOOL 352 0 L�JF:::L_Si (:;ia1.1hM"fY ::..<:.,•-d'.°�; J.6'7„'1'.:'. ..,(..IIfiCil... Ii:L::> ( F:6::,'. ;.fI•, :1.2;7 ,,�.75 140W WATER :1 000 7„ 4.7 NM::: WATER EATON E:I:RE: 1 .840 13.74 AIMS JUNIOR COI._ 6••;:;•:I 4T„ '40 So ,./4:L4 3 WELD L..:I:DR AFtY 1 . 50011 .20t>JEi:`:i>T (i;IZEi:I:i:L..fia' •:�„`:i`•' • This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. Jill: ! 7„ 1.9'.13 FRANCIS M. LOUSTALET '? ' $602,• 70*: T E VIPER OF WELD COQnaz V L'��. R TAXES PAID BYQp D PUTV 1 a1 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss,3r damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title, as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA • /TITLE INSURANCE COMPANY ©O ti�VIL INSp,p i /> % ��! iy` By By• rito President Authorized Countersignature z }E ; 9awie#/WrI/ z ° I+r r7, ^� 2 Attest: ieg.„,„, 41110 R Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy(10.21-87) Valid Only If Schedule A, B and Cover Are At 1132 Face Page 11A11_111. - TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 141,000.00 Policy No. : 8030438 Date of Policy: January 31, 1992 at 7 :00 A.M. 1. Name of Insured: David W. Hunt and Kayleen J. Hunt, as tenants in common 2 . The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: David W. Hunt and Kayleen J. Hunt, as tenants in common 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 931192 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030438 LEGAL DESCRIPTION The W1/2 of the NW1/4 of Section 15, and all that part of the W1/2 of the SW1/4 of Section 15 lying North of the No. 2 Canal of the New Cache La Poudre Irrigation Company, all in Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, EXCEPTING therefrom any portion of the subject property located in the SW1/4 as contained in decree recorded December 5, 1890 in Book 98 at Page 460 and recorded January 19, 1906, in Book 228, at Page 557. Page 2 931192 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030438 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. S.H. Southard Reservoirs, and any and all rights of way therefore, as evidenced by Map and Statement filed December 2, 1893, as Filing No. 50169, in which the specific location is not defined (Affects SW1/4) 7. Highland Valley Reservoir and Ditch and Nauman Lake Reservoir, and any and all rights of way therefore as evidenced by Map and Statements filed in the office of the Clerk and Recorder for Weld County. (Affects SW1/4 and SW1/4NW1/4) 8 . Right of way for slew into Neff Reservoir as reserved in deed recorded April 26, 1873 in Book 6 at Page 307, in which the specific location is not defined. 9. Easement and right of way to draw water together with ingress, egress, and regress, granted to the Town of Greeley by Cyreneus D. Neff and Joseph Inman by instrument recorded December 22, 1873 in Book 10 at Page 269, in which the specific location of the easement is not defined. (Affects SW1/4) Page 3 931192 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030438 SCHEDULE B - continued 10. Easement and right of way to lay, maintain, alter, repair, operate, remove and relay parallelled pipelines, granted to Colorado-Wyoming Gas Co. by Peter Lauridsen Estate by instrument recorded September 16, 1947 in Book 1211 at Page 375, in which the specific location of the easement is not defined. (Affects W1/2NW1/4SW1/4 and SW1/4NW1/4) 11. Terms agreements, provisions, conditions and obligations as contained in Agreement by and between Carl E. Schaefer, Mollie Schaefer, Fred E. Lauridsen, Alice L. Greenlee, Richard D. Lauridsen, Vernon P. Lauridsen, and Fred E. Lauridsen, as Administrator of the Estate of Peter Lauridsen, deceased recorded January 20, 1948 in Book 1219 at Page 267 . (Affects SW1/4 and NW1/4) 12 . La Grange Seepage Ditch and structures and any and all rights of way therefore as evidenced by instrument recorded October 9, 1953, in Book 1370 at Page 498, in which the specific location is not defined. (Affects SW1/4 and NW1/4) 13 . Undivided one-half interest in all oil, gas and minerals and rights as reserved by Vernon P. Lauridsen in a deed recorded April 1, 1958 in Book 1499 at Page 552 and any interest therein or rights thereunder. 14 . Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement between Ackard Land Company, a Colorado Corporation, James R. Smith and Alice B. Smith recorded March 26, 1970 in Book 622 as Reception No. 1544421, in which the specific location is not defined. (Affects SW1/4 and NW1/4) 15. Deed of Trust from David W. Hunt and Kayleen J. Hunt to the Public Trustee of the County of Weld for the use of Farm Credit Bank of Wichita to secure $284, 000.00 dated January 29, 1992, recorded January 30, 1992 in Book 1324 as Reception No. 02276655. 16. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from David W. Hunt and Kayleen J. Hunt, debtor(s) , to Farm Credit Bank of Wichita, secured party, filed January 30, 1992 as Filing No. U0244815 and recorded January 30, 1992 in Book 1324 as Reception No. 02276656. NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning Page 4 931192 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030438 SCHEDULE B - continued underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (c) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (d) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (e) Associated Natural Gas, Inc. , recorded April 23, 1986 in Book 1110 as Reception No. 2050953 . Page 5 931192 CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event. loss, the Company shall only pay the loss pro rata in the proportion that shall he required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any. lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include. pro rata basis as if the amount of insurance under this policy was divided but are not limited to. any controversy or claim between the Company and pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the whole, exclusive of any improvements made subsequent to Date of Policy, Company in connection with its issuance or the breach of a policy unless a liability or value has otherwise been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the Amount of by the Company and the insured at the time of the issuance of this policy Insurance is$1,000,000 or less shall be arbitrated at the option of either the and shown by an express statement or by an endorsement attached to this Company or the insured. All arbitrable matters when the Amount of policy. Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees land, or cures the claim of thelacunmarketability of title, all as insured, in aa nly if the laws reasonably diligent manner by any method, including litigation and the o of the state in which the land located permit a court to completion of any appeals therefrom. it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may he entered in any court having or damage caused thereby. jurisdiction thereof. (b) In the event of any litigation, including litigation by the Company ,The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE the title as insured. (c) The Company shall not be liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto. this policy. 11. LIABILITY NONCUMULATIVE. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule B or to which 16. SEVERABILITY. the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or In the event any provision of the policy is held invalid or unenforceable interest described or referred to in Schedule A, and the amount so paid shall under applicable law, the policy shall be deemed not to include that provi- be deemed a payment under this policy to the insured owner. sion and all other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS. I7. NOTICES, WHERE SENT. (a) No payment shall be made without producing this policy for All notices required to be given the Company and any statement endorsement of the payment unless the policy has been lost or destroyed, in in writing required to be furnished the Company shall be addressed to which case proof of loss or destruction shall be furnished to the satisfaction Transamerica Title Insurance Company, 4683 Chabot Drive, Suite 101, of the Company., Pleasanton, CA 94588. 931192 NM 1 American Land Title Associatign Owhe'r's Policy(10-21-87) Cover Page Valid Only If Face Page. Schedules A and B Are Attached ES WEST COMMUNICATIONS April 12, 1993 Greeley, Colorado 80634 Weld County Commissioners 915 10 Greeley, Colorado 8O31 Dear Sirs : U S WEST Communications will provide telephone service to the subdivision known as Hunter's View Estates. in section 15, T6N, R66W in Weld County in accordance with our rates and tariffs on file with the Colorado Public Utilities Commission. If you have :any c.uestions or need additional information, please call me at 350-2914. Sincerely, ,27,4.LAJ Manaaer • 931192 EXHIBIT "A" Name of Subdivision: Anntpr'a Viaw Pgfafca Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19_, recorded on , 19_ in Book _, Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvement% Unit Cost Construction Cost Street grading .akaYYfvxr Street base r„" t 55.000 nn Street navinv 3 Gpvr S\nfn.00 Curbs putters and culverts 500.00 Sidewalk NA Storm sewer facilities Retention ponds ya pitch improvements HL Subsurface drainage NA Sanitary sewers NA Trunk and forced lines NA Mains NA Laterals (house connected) NA On-site sewage facilities NA On-site water supply and storage NA Water mains 110.200 00 fire hydrants Incl Survey & street monuments & boxes 51 ,920.00 Street lighting, NA Street name signs S Son nn fencing reouirements NA Landscaping NA park improvements NA Phone S 2 100 nn Natural Gas t S,6Rfi nn SUB-TOTAL $ fl onS nn Engineering and Supervision Costs $ 71671 A7 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 533,69.42 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19_ 8 931192 PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: The W2 NW4 and that part of the W2 SW4 lying north of the no.2 canal of the New Cache La Pbudre Irrigation Company, all in Section 15, T6N, R66W of the 6th P.M. Weld Camty Colorado STATE OF COLORADO ) SS COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. YdiThe foregoing instrument was subscribed and sworn to before me this seli` J day of , 19 . WITNESS my hand and official • `'°t.geal.• '•..,••.. Notary ublic.• ' 'M C lOAV -�i ►q95 M . y Commission Expires:(1O � 9•.11192 i PLANNED UNIT DEVELOPMENT DISTRICT CHANGE OF ZONE AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Legal Description: 711e W2 NW4 and that part of the fu?? SWV4 lvina north of the no. 2 canal of the New Cache La Madre irrigation company, all in Section 15, T6N, R66W of the 6th P.M. Weld County Colorado STATE OF COLORADO ) ) SS COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The f regoing instrument was subscribed and sworn to before me this 3 1f[..t. WITNESS my hand fficial seal. wA .A 1J L 1 f';: O Notary Public • o �,, y yy:�: C My Go 1Fe i0°Expfires: 1•II /"4S' 9J1192 Hunter's View stares Change of Tour And Final flat Surrounding Property Owners within 500' Name and Address Parcel IP # Franklin R.Johnson Jr. 080515000035 15470 Weld County Road 70 Greeley, Colorado 80631 Natalie Sena clo Johnson Sena Farm 080515000036 15470 Weld County Road 70 Greeley, Colorado 80631 Douglas and Sonia Burron 080515000037 15374 Weld County Road 70 Greeley, Colorado 80631 Burman Chevrolet Company 080515000024 15741 Highway 392 Greeley, Colorado 80631 James and Lucille Stockover 080515000021 39 Ward Drive #201 080516000053 Greeley, Colorado 80634 Dwaine and Nancy Kurtz 080516000028 33693 Weld County Road 31 080516000032 Greeley, Colorado 80631 Wayn and Judith Leusink 080516000039 33751 Weld County Road 31 Greeley, Colorado 80631 Scott and Janice Rapp 080516000038 33835 Weld County Road 31 Greeley, Colorado 80634 William and Rosella Monson 080516000040 33877 Weld County Road 31 080516000041 Greeley, Colorado 80631 R.H. Farms Incorporated 080516000048 12315 Weld County Road 72 Eaton, Colorado 50615 Harold and Joyce Anderson/Ernest Nelson 080510000006 15295 Weld County Road 70 Greeley, Colorado 80631 6/23/93 9.47 AM page6 901192 Hunters View -stag Change of ZOO. And Final flat Donald Carpenter 080509000005 14953 Weld County Road 70 Greeley, Colorado 80631 Carpenter Enterprises 080509000046 14953 Weld County Road 70 Greeley, Colorado 80631 Joseph and Elain Hoff 080509000045 34251 Weld County Road 31 Greeley, Colorado 80631 { t 6/25/93 9:47 AM page7 941192 McRAE & SHORT, INC. 1231-8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development September- 2,--1993 PROJECT NO. 93249 Department of Planning Weld County 1400 North 17th Avenue Greeley, Colorado 80631 RE: STORM DRAINAGE PLAN -- REVISED HUNTER'S VIEW ESTATES, WELD COUNTY, COLORADO Gentlemen, We have reviewed the plat and general terrain of this subdivision. General drainage is from North to South towards the Greeley No. 2 Canal . The land adjoining this subdivision is cultivated and under an irrigation sprinkler. The subdivision will create 6 lots in Block 1 . Lot.sizes vary from 1 .5 Acres to 2.8 Acres with 2.24 Acres as an average. Whitetail Place runs West to East and bisects most of the property. A 0.62 Acre tract on the East and a 1 .05 Acre tract on the West have been set aside as "Open Space" areas due to the shape of the tracts and a high water table. Drainage from the North Half of Block 1 and Whitetail Place will be directed to the open space areas via borrow ditches along the road or as overlot flow. Lots 4, 5 and 6 lying South of Whitetail Place have overlot flow South toward the Greeley No. 2 Canal . Block 2 in the Northwest Corner of the subdivision consists of two lots with an average size of 1 .89 Acres. This area is relatively flat , but most of the area in these lots drain to the large cultivated area, i .e. Block 3. 931192 Department of Planning September 2, 1993 Weld County PROJECT NO. 93249 RE: STORM DRAINAGE PLAN -- REVISED HUNTER'S VIEW ESTATES, WELD COUNTY, COLORADO Based on the above information, we feel that the storm drainage plan for this subdivision is to require each lot to provide a minimum of erosion pro- tection and a small depressed area for storm water detention. The layout and grading for this subdivision will result in a negligible impact on the storm drainage on Weld County Road No. 31 . This plan appears feasible due to: 1 . The relative small increase in runoff due to the home improve- ments on the large lots. 2. The good soils conditions with low slopes and good permeability. 3. The interception of drainage from the road and flow to open space areas. If you have any questions, or need additional information, please let us know. Respectfully, McRae & Short, Inc. Gerald 8. McRae, P.E. & L.S. ItN.q `y Colorado Reg. No. 6616 , ,4 Attachments: Soil Conserviation Map & Data Excerpt U.S.G.S Topo Map Reduced Site Plan 931192 II! I ...Q. HUNTER 'S VIEW ESTATES OF A PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 4 . 10' MUTT EASEMENT I. g 3 to �3 j 1 i r1 0 IIII 0 w S 6P6r2Y W o 1a 2 Z N 0 26. 7 (7 4 -• 6703'35' b p R ••• 100.00' I CB •• N 5x30'50'd' CO 6 • 229 CH 110.47 -117.04' '(6 6626• 26 7 (1 \ (20 • • yrq A - 3a543,5416.T. .Q YriQ \ R - 100.00' A `ice CR - S 41'26'31 E 6 CH - .43' 3.32' L - 64.43 b [� 44 I. T - 33.35• SET STMTWARO AL = 4 CAP, P.L3. 1063; d % -.- ALUMINUM PPE A' 4 " , 2.814 Ac. \ 5c in av, N .r • (19 '410 ? ,• EASEMENT 1342.93' 'b.$ ;Z?° n �T W 'RVI 10' UnLu? f // _ z 3 OPtIV BPICa• .n. FASEMEM T S,} 2.646 Ae. 3 sr 0.617 Ac. I -s 6 � cy / �l l aJs to' IENT get ° 2.5, 8 z - 2.115 Ac. d'•�3 sQa� \o�(��i t �� gvc,"20' UTILITY f 22 24 •16 a (2 /15/ hit N N �2,Asa,\ h EASEMENT 21 1 69•2563• `%' (11 Z.4_,..2 /1a `=I'Ja� Jr \�\ #12 1.637 Ae, 20 • 23 10 • 11 `.._ z302 Ao. �, 16 �. 1'2 O (14 -.,F.PT X 16 (3 J�'2 • f T' 0• -a. p. A (13 �. HIGH WATER LINE I CENTERLINE OF NO. 2 CANAL, • o.• f 8 qi 10' UTYRY MAY 26, 1993 CACHE LA POUDRE IRRIGATION 03. 947 EASEMENT¢ 20.00' • • 2.575 Ac. 4 NEW CACHE LA POUDRB 20' UnLITY IRRIGATING COMPANY S soN°'T t7 ry CANAL NO. 2 4,47- � \ 7a''sa a e E' (17 I 01 b <v 16 N 13 • 31 NO. 2 CANAL R.O.W. J0 W (4 ��V\•; 15 t77••• , O 74• 3 0 O b 1n O n 0 N SEE DATA FOR CURVES (/ - (4 O \ \\ IN TABLE AT RIGHT 1 � L192 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United Slates Department of Agriculture, Soil Conservation Service, 1 in cooperation with the Colorado Agricultural Experiment Station . .. -. _• 2 33 r 64 32 ,X q$ 32 .. +l,i A D2 of nl iy 1 3 r ¢ t • \!32 3z . { {1y 47 r 36 ''" 4.4.1.:;...t]`■li :,. ads R. r•.. �`( 7 }� �d r.i� 33;r i VII +.Y. I4. 'B4jRN'') 1 CCC 4'l' { 32 y q 5-'1 >`� .. n +,�flt 2 "+ 16 1 ,34 WO , 37 17 � � ► ' + '4 • ' ‘ . ''''el , '' 4at ,, 32tL 1 , 47 tY9 , 4 ''''!1V.. 0 `L 32 -.1 0:,,Ii1I 32 'I z 7, \. 7 � � lift, Z 13 r 'a ;f , a. qt ` `' _ ,:A f.t .., ' R 32 ' , i4 1 , 32 47 ' = �5 Il ',. 47 (1 32 ; p� t , � 6j, i} 33 t a�e 3 �� , bi4 fir,.,.. ` .�, 33 • t. 123 3 R 32 r + Ir 32 Y '.' ` 3 ,�;+h a, t3.t Sf J4�" 1 �. • 4 �it r S, I. t _,. to 31 S n { 4.`1 "• ,.. 32', r. t ,] '' . T t r tif 4'.1 li 1 ,i4 r j t7[tf i.1 ip Fi ,�, yJ "i 'It 47 47 4 1.. L,I , 1 32 �g 46 75 a �. "� I1.1 , 'w 23 . ,. 50 51 47 6 {]1 f 42 N .0Sc .Ez � v2$ � ;1,111: 51 .. 29 " 51 r 27 2 i5.11` i ` . 26 47. Ey' l 47 ' J5 52 I G^4. 0 1 51 1- 24 50 46 '; �' 1 Il 4. ' p y� 47 GO., 51; j. �� SI�. r�. .., // , { 3 � p Ft 9 4', 7 1 • 52 50 „ 3 � °3 � � 1 :. .. 4.4.3°4 �:bJ rb�.• 4. . tlr i1.• J - 1 jam. ...r r 1 w l� ..._f 4: . `4'v li . 7 1.. 1. , .1414. 1 NJ WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass I suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- l redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as population density increases. Because of the permeability • Possible following planting. Trees that are best suited and of the substratum, sewage lagoons must be sealed. have good survival are Rocky Mountain juniper, eastern Lawns, shrubs, and trees grow well. Capability class I ir- redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, � Kim loam, 1 to 3 percent slopes. This is a deep, lilac, Siberian peashrub, and American plum. we drained soil on smooth plains and alluvial fans at Wildlife is an important secondary use of this soil. The elevations of 4,900 to 5,25Q feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that have loamy sand underlying material. tial and should be included in plans for habitat cover. For pheasants, undisturbed nesting cover is essen- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture.develop- Typically about 12 inches thick. The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is This soil has good potential for urban and recreational high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey ,Surface noff.is-rnedium, and the erosionhazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- r rigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and con Kim 3 to 5 percent slopes. This is a rigation is the most common.Barnyard manure and con Kim loam,3 to 5 percent slopes.This is a deep, mercial fertilizer are needed for top yields. }rained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. I too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 931192 24 SOIL SURVEY Permeability is moderate. Available water capacity is land wildlife, for example, the pronghorn antelope, can be high. The effective rooting depth is 60 inches or more. attracted by developing livestock watering facilities, Surface runoff is medium, and the erosion hazard is managing livestock grazing, and reseeding where needed. moderate. This soil has good potential for urban and recreational In irrigated areas this soil is suited to crops commonly development. Increased population growth in the survey grown in the area. Perennial grasses and alfalfa or close area has resulted in increased homesite construction. The grown crops should be grown at least 50 percent of the chief limiting soil feature for urban development and road time. Contour ditches and corrugations can be used in ir- construction is the limited capacity of this soil to support rigating close grown crops and pasture. Furrows, contour a load. Septic tank absorption fields function properly, but furrows, and cross slope furrows are suitable for row community sewage systems should be provided if the crops. Sprinkler irrigation is also suggested. Keeping til- population density increases. Because of the permeability lage to a minimum and utilizing crop residue help to con- of the substratum, sewage lagoons must be sealed. trol erosion. Maintaining fertility is important. Crops Lawns, shrubs, and trees grow well. Capability subclass respond to applications of phosphorus and nitrogen. !Ile irrigated, IVe nonirrigated; Loamy Plains range site. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to 34—Kim loam, 5 to 9 percent slopes. This is a deep, winter wheat. The predicted average yield is 28 bushels well drained soil on plains and alluvial fans at elevations per acre. The soil is summer fallowed in alternate years of 4,900 to 6,250 feet. It formed in mixed eolian deposits to allow moisture accumulation. Generally precipitation is and parent sediment from a wide variety of bedrock. In- too low for beneficial use of fertilizer. eluded in mapping are small areas of soils that have Stubble mulch farming, striperopping, and minimum til- loamy sand underlying material. lage are needed to control soil blowing and water erosion. Typically the surface layer is brown and pale brown Terracing also may be needed to control water erosion. loam about 10 inches thick. The upper 26 inches of the un- The potential native vegetation is dominated by blue derlying material is pale brown loam. The lower part to a grama. Several mid grasses, such as western wheatgrass depth of 60 inches is pale brown fine sandy loam. and needleandthread, are also present. Potential produc- Permeability is moderate. Available water capacity is tion ranges from 1,600 pounds per acre in favorable years high. The effective rooting depth is 60 inches or more. to 1,000 pounds in unfavorable years. As range condition Surface runoff is rapid, and the erosion hazard is deteriorates, the mid grasses decrease; blue grama, buf- moderate. falograss, snakeweed, yucca, and fringed sage increase; This soil is suited to limited cropping. Intensive and forage production drops. Undesirable weeds and an- cropping is hazardous because of erosion. The cropping nuals invade the site as range condition becomes poorer. system should be limited to such close grown crops as al- Management of vegetation on this soil should be based falfa, wheat, and barley. This soil also is suited to ir- on taking half and leaving half of the total annual produc- rigated pasture. A suitable cropping system is 3 to 4 tion. Seeding is desirable if the range is in poor condition. years of alfalfa followed by 2 years of corn and small Sideoats grama, little bluestem, western wheatgrass, blue grain and alfalfa seeded with a nurse crop. grama, pubescent wheatgrass, and crested wheatgrass are Close grown crops can be irrigated from closely spaced suitable for seeding;The grass selected should meet the contour ditches or sprinklers. Contour furrows or sprin- seasonal requirements of livestock. It can be seeded into klers should be used for new crops. Applications of a clean, firm sorghum stubble, or it can be drilled into a nitrogen and phosphorus help in maintaining good produc- firm prepared seedbed. Seeding early in spring has tion. proven most successful. The potential native vegetation is dominated by blue Windbreaks and environmental plantings of trees and grama. Sideoats grama, little bluestem, western wheat- shrubs commonly grown in the area are generally well grass, and sedge are also prominent. Potential production suited to this soil. Cultivation to control competing ranges from 1,800 pounds per acre in favorable years to vegetation should be continued for as many years as 1,500 pounds in unfavorable years. As range condition possible following planting. Trees that are best suited and deteriorates, the sideoats grama and little bluester have good survival are Rocky Mountain juniper, eastern decrease; forage production drops; and blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, and several perennial forbs and shrubs in- hackberry. The shrubs best suited are skunkbush sumac, crease. Undesirable weeds and annuals invade the site as lilac, Siberian peashrub, and American plum. range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation should be based on taking cropland areas provide favorable habitat for ring-necked half'and leaving half of the total annual production. Seed- pheasant and mourning dove. Many nongame species can ing is desirable if the range is in poor condition. Sideoats be attracted by establishing areas for nesting and escape grama, little bluestem, western wheatgrass, and pu- cover. For pheasants, undisturbed nesting cover is essen- bescent wheatgrass are suitable for seeding. The grass tial and should be included in plans for habitat develop- selected should meet the seasonal needs of livestock. It ment, especially in areas of intensive agriculture. Range- can be seeded into a clean, firm sorghum stubble, or it 931192 l a�a' :I4&/ , • 1 1 __482 0 o A • i .- \ j SUP 19 i i r � sup Neff. La: III %�%/�% • n • 4752 / i! 1��/I k 4/4 Hoga ? Reservoir Hello