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Home My WebLink About990704.tiff I 0 • 11 , y ' PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number Date_ Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: SEE ATTACHED DEED (If additional space is required, attach an additional sheet of this same size.) 131302000061 PARCEL NUMBER: 131302000062 (12 digit number found on Tax I.D.or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Del Gaui nn Thine ti nn Rnci np cc Park EXISTING ZONING PhD (Commercial/Tndnstria¢`)-1ANGEOF ZONE CASE NUMBER 7-445 TOTAL AREA(ACRES) [,5+/- TOTAL AREA(acres) OF COMMON OPENSPACE 2.5 +/- NO. OF PROPOSED LOTS 19 LOT SIZE: AVERAGE 7 acres MINIMUM 2 acres UTILITIES: WATER: NAME Central Weld County Water District SEWER: NAME St. Vrain Sani tati on District GAS: NAME UN Energy PHONE: NAME us west ELECTRIC: NAME United Power DISTRICTS: SCHOOL: NAME N/A FIRE: NAME Moutain View Fire Protection District ENGINEERS NAME Tuttle Applegate, Inc. PHONE (1n1) 492-6611 ADDRESS 11990 Grant St, Suite 104 Denver PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: John Coppom (Del Camino Junction Dev.) HOME TELEPHONE: N/A ADDRESS: 1750 6th Avenue Greeley, CO 80631 BUS. TELEPHONE: (9170) 353-9263 NAME: HOME1TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(if different than above): NAME: Gary Tuttle fiTuttle Applegate_ Inc HOME TELEPHONE: N/A ADDRESS: 11990 Grant St. Sutie 104 Denver, Cn80233 BUS. TELEPHONE: (303) 452-6611 OWNER(S)AND LESSEES OF MINERAL RIGHTS ON_OR UNDER THE SUBJECT PROPERTIES: NAME: See attached mineral owners affidavit. ADDRESS: &er. Signatt : .O: etwateer Authorized Agent 22 • • • PUD FINAL PLAN TO WELD COUNTY FOR DEL CAMINO JUNCTION BUSINESS PARK • DEL CAMINO DEVELOPMENT, INC. 1750 SIXTH AVE. GREELEY, CO 80631 Prepared By: Tuttle,Applegatel nc. - = Consultants for Land,Mineral,and Water • = 11990 Grant Street,Suite 304 Denver,Colorado 80233 (303)452-6611 FAX:(303)452-2759 November 19, 1998 TA#98-I62 ltittleApplegate,Inc. Consultants for Land, Mineral and Water Development November 19, 1998 Monica Daniels-Mika Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: PUD Final Plat Submittal for Del Camino Junction Business Park: located on approximately 45 acres with the legal description being Lot A of Amended Recorded Exemption 730 being a portion of the SW4 of Section 2, T2N, R68W of the 6th P.M., Weld County, Colorado and Lot 1 of the Fort Junction PUD, First Filing, Weld County, Colorado. Dear Monica: Attached, please find a PUD Final Plan application for the above described property. Included in the application submittal are the following items: ➢ 24 copies plus the original Final Plan Application materials ➢ 24 copies plus the original PUD Final Plan and Landscaping Plan maps ➢ 10 Utility Plan Maps ➢ 3 copies of the Final Plan Grading and Drainage Plan Map ➢ A Check in the amount of$535.00 for the PUD Final Plan Review The PUD Final Plan proposes 19 commercial/industrial lots on approximately 45 acres. The property lies north of and adjacent to State Highway 119 and east and west of the 1-25 Frontage Road. As you stated in your PUD Sketch Plan Comments dated September 4, 1998, the zoning is in place for the property through Z-448 which was approved by the Board of County Commissioners in 1990. Z-448 zoned the property for commercial/industrial uses. You indicated that the Final Plan submittal should follow the application procedure as outline in Section 28.9 through 28.15.7.13 of the Weld County Zoning Ordinance. This application will follow the numerical order of Section 28.9 to demonstrate compliance with the Zoning Ordinance. • Section 28.9.1.1—A copy of a Certificate of Title issued by a title company or an attorney's opinion of the title which shall set forth the names of all owners of property included in the 990704 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 PUD Plan. A copy of the Certificate of Title is attached which was issued by United General Title Insurance Company. • Section 28.9.1.2- A certificate of title or an abstract of title covering all public dedications. No public dedications are required with this application proposal. • Section 28.9.1.3—A warranty deed or other suitable document ready to execute which deeds to the appropriate public body all lands other than streets which are to be held for or used for public purposes. No portion of this development, other than streets, will be dedicated for the use by the general public. • Section 28.9.1.4— Certificate from the County Treasure showing no delinquent taxes on the property of the proposed PUD Plan. A copy of the Certificate of Taxes Due is attached which demonstrates no taxes are due or delinquent. • Section 28.9.1.5— Certificate from a qualified engineer responsible for the design of the utilities. The required certificate of a qualified engineer appears on the utility maps as draw and attached for review. • Section 28.9.1.6—Copies of all deed restrictions, including those required by the board of County commissioners to govern the future use of al land in the planned Unit Development site. All deed restrictions for the property are listed in the Certificate of Title, which is attached for review. • Section 28.9.1.7—An Improvement Agreement According Policy Regarding Collateral for Improvements. The form, as provided by the Department of Planning Services is attached for review and approval. Additionally, the type of collateral which will be guaranteed for the improvements installation will be provided by a commercial lender. • Section 28.9.1.8—A statement which summarizes the total area of the PUD Plan. The PUD will consist of 19 lots on approximately 45 acres which will be developed into commercial and industrial uses consistent with the Change of Zone. The development proposes a high architectural style that will be consistent with the area and enforced by the development association. The I-25 Frontage Road traverses the property from south to north. Two internal roads are being proposed for the development. The proposed names are Business Park Circle and Business Park Street. These two streets along with the corresponding names are depicted on the attached Development Map. Access to Block 3, Lots 1, 2 and 3 will be from the I-25 Frontage Road. Access to Block 1, Lots 1 through 9 and Block 2, Lots 1 through 5 will be from Business Park Circle. Access to Block 1, Lots 10 and 11 will be from Business Park Street. Del Camino Junction Business Park Weld County PUD Final Plat Submittal Page 2 of 5 The Rural Ditch traverses the property from the southwest to the northeast along the southern part of the development. A 60' access easement for the ditch is shown on the development map. • Section 28.9.1.9—A statement describing how each building and structure will be used or operated. Each structure and building with the PUD will conform to those uses described through the Change of Zone which are commercial and industrial in nature. Through individual Site Plan Reviews for each lot a more detailed analysis will be provided, which will be reviewed and approved by the Weld County Planning Department. • Section 28.9.1.10—A statement which describes any proposed treatment, buffering or screening between uses, buildings or structures in order to achieve compatibility. The proposed treatment of the buildings will be designed to be in harmony with the overall architectural style of the area. The structures will be sited to avoid a"wall" affect along the rights-of-way. Building setbacks will be varied and clustering of buildings will he encouraged. Additionally, the design guidelines will depict the architectural style and site development of each lot. Structures will be oriented to allow views into the developments as well as preserve high quality views out of the development to the Front Range. Large square or rectangular box like structures will be avoided. Building setbacks from I-25 and the I-25 Frontage Road will be 50 feet. This building setback is shown on the plat and will be made part of the Final Plat approval. Building setbacks from Business Park Circle and Business Park Street will be 20 feet. Additionally, this setback is shown on the plat and will also be made part of the Final Plat approval. Parking areas will be encouraged to locate on the side or rear of buildings. • Section 28.9.1.11 —A statement concerning the location and the intended use of all public and private open space and semi-public uses including parks, recreation areas, school sites and similar uses. Since this development is of a commercial/industrial nature the need for an abundance of public open space is not necessary. Additionally, since a residential component is not involved the need for recreation areas or school sites is not required. Open space is designed within the interior of the development to provide a common area for the employees of the development as well as provide a landscape area as a visual amenity. • Section 28.9.1.12—A statement detailing how any common open space will be owned, preserved and maintained in perpetuity. The open space that is planned will be owned and maintained by the developments covenants and property owner association. Del Camino Junction Business Park Weld County PUD Final Plat Submittal Page 3 of 5 • Section 28.9.1.13—A copy of all covenants, grants of easements or restrictions to be imposed upon the use of the land, buildings and structures. A copy of the covenants is attached for review. • Section 28.9.1.14—A Planned Unit Development Plan construction schedule showing the approximate dates when construction of the development is proposed to start and finish. A construction plan and schedule is attached for review. In general, construction is slated to begin in the Spring of'99 and finish in the Fall of'99. • Section 28.9.1.15—A statement describing the method of financing for the development. Financing for the development will be obtained from a commercial lending institution. • Section 28.9.1.16— When a proposed street intersects a state highway, a copy of the state highway permit shall be provided. A letter from the Colorado Department of Transportation (CDOT) is attached which expresses the Departments commitment to approving the access points onto 1-25 Frontage Road. The Department will be reviewing and approving final construction plans the first part of December. • Section 28.9.1.17—A copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of any problems resulting from the location of the ditch. The development will not cross or interfere with the rural ditch. A 40 foot easement has been shown on the plat for ditch access or maintenance. • Section 28.9.1.18— Geologic maps and investigation reports regarding area stability of the proposed PUD development. The geologic maps and investigation report as prepared by EEC is attached for review. • Section 28.9.1.19—A certified list of the names, addresses and corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property within 500 feet. A certified list of the names and addresses of property owners with 500 is attached. • Section 28.9.1.20—A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. A certified list of the mineral owners is attached. Del Camino Junction Business Park Weld County PUD Final Plat Submittal Page 4 of 5 Thank you for your time and consideration in reviewing our PUD Final Plan Application. If you have questions regarding our development proposal please call. Respectfully, TUTTLE APPLEGATE, INC. 4::`// Gary J. Tuttle CC: John Coppom, Del Camino Junction Development Inc. Harry Asmuth, Del Camino Junction Development Inc. File#98-162 enclosures Del Camino Junction Business Park Weld County PUD Final Plat Submittal Page 5 of5 Del Camino Junction Business Park 98-162 Engineers Estimate 11/19/98 Description-PRELIMINARY COST ESTIMATE IFM TUTTLE APPLEGATE,INC. COST-EST.XLS NUMBER UNIT UNIT ESTIMATED DESCRIPTION OF UNITS TYPE COST COST INTERIOR STREETS ASPHALT Business Park Circle(5 I/2 inches full depth) 1,625 TONS $30.00 $48,750.00 Business Park Street(5 1/2 inches full depth) 300 TONS $30.00 $9,000.00 Weld County Road 24 1/2(9 inches full depth) 1,558 TONS $30.00 $46,740.00 CURB-WALK CONCRETE Business Park Circle 3,300 LF $13.00 $42,900.00 Business Park Street 600 LF $13.00 $7,800.00 Weld County Road 241/2 1,025 LF $13.00 $13,325O0 SUB GRADE PREPARATION 7,800 S.Y. $2.00 $15,600.00 Subtotal $184,115.00 1-25 Frontage Road CONCRETE Rural Ditch Culvert Extensions I L S. $15,000.00 $15,000 00 Concrete Pavement 7,850 SQ.YES. $80.00 $628,000.00 Lane Striping I L.5. $7,500.00 $7,500.00 Subtotal $650,500.00 STORM SEWER 18"REINFORCED CONCRETE PIPE 61 LF $20.00 $1,220.00 24"REINFORCED CONCRETE PIPE 90 LF $25.00 $2,250.00 36"REINFORCED CONCRETE PIPE 850 LF $28.00 $23,800.00 FLARED CONC.END SECTION 3 EA $500.00 $1,500 00 MANHOLES 4 EA $1,500.00 $6,000 00 5'INLETS(TYPE R) 7 EA $2,000.00 $14,000.00 RIP-RAP CONTROL STRUCTURES(APROXIMATE) 75 C.Y. $15.00 $1,125.00 EROSION CONTROL(INLETS) 7 EA $100.00 $700.00 Subtotal $50,595.00 SANITARY SEWER 8"PVC SEWER MAIN 2,648 LF $22.00 $58,256.00 MANHOLE(maximum depth =100') 10 EA $1,500.00 $15,000 00 SERVICES(Approximate) 20 EA $200.00 $4,000.00 Subtotal $77,256.00 Cost.xls 11/19/98 Del Camino Junction Business Park 98-162 Engineers Estimate 11/19/98 Description-PRELIMINARY COST ESTIMATE TEM TUTTLE APPLEGATE,INC. COST-EST.XLS NUMBER UNIT UNIT ESTIMATED DESCRIPTION OF UNITS TYPE COST COST WATER LINE MAINLINE 8"WATERLINE C900 4,340 LF $18.00 $78,120.00 8"BEND 10 EA $250.00 $2,500.00 8"TEE 27 EA $250.00 $6,750.00 18"WET TAP 2 EA $2,500.00 $5,000.00 8"VALVE 25 EA $750.00 $18,750.00 FIRE HYDRANT ASSEMBLY 10 EA $1,800.00 $18,000.00 THRUST BLOCK 38 EA $100.00 $3,800.00 RURAL DITCH CROSSING 60 L.F. $200.00 $12,000.00 FRONTAGE ROAD CROSSING 100 L.F. $200.00 $20,000.00 Subtotal $164,920.00 EARTH WORK (EXCLUDES SUBGRADE PREP FOR STREETS) CUT 28,663 CY $0.75 $21,497.25 FILL 141,026 CY $0.75 $105,769.50 IMPORT(Excludes 50,000 yds from Varra) 62,363 CY $3.00 $187,089.00 Subtotal 5314,355.75 MISC. ITEMS STREET LAMPS(APPROXIMATE) 15 EA $1,000.00 $15,000.00 STREET SIGNS I L S. $2,000.00 $2,000 00 DETENTION POND OUTLET STRUCTURES 3 EA $2,000.00 $6,000.00 EROSION PROTECTION(SILT FENCE,VTC,ETC.) 1 L.S. $2,000.00 $2,000.00 TRAFFIC CONTROL(INTERIOR STREETS) I LS. $3,000.00 $3,000.00 TRAFFIC CONTROL(FRONTAGE ROAD) I L.S. $10,000.00 $10,000.00 CONCRETE HEADWALLS II YDS $300.00 $3,300.00 LANE STRIPING(Interior Streets) I LS $3,000.00 $3,000.00 Subtotal $44,300.00 LANDSCAPING DECIDUOUS CANOPY TREES(2"cal.) 107 EA $250.00 $26,750.00 EVERGREEN TREES(6'ht.) 27 EA $300.00 $8,100.00 Cost.xls 11/19/98 Del Camino Junction Business Park 98-162 Engineers Estimate 11/19/98 Description-PRELIMINARY COST ESTIMATE 1FM TUTTLE APPLEGATE,INC. COST-EST.XLS NUMBER UNIT UNIT ESTIMATED DESCRIPTION OF UNITS TYPE COST COST ORNAMENTAL TREE 115 EA $175.00 $20,125.00 SEEDING MULCHING 727,888 SF $0.30 $218,366.40 IRRIGATION SYSTEM 539,273 SF $0.45 $242,672.85 CRUSHER FINES PATH w/WEED BARRIER FABRIC 3,060 SF $0.65 $1,989.00 EDGER/EDGER CAP 21530 LF $2.60 $55,978.00 Subtotal $573,981.25 SUBTOTAL OF CONSTRUCTION $1,453,823.00 CONSTRUCTION OBSERVATION (3%) $43,614.69 TESTING (3%) $43,614.69 SURVEYING(STAKING) (5%) $72,691.15 CONTINGENCY (10%) $145,382.30 TOTAL $1,759,125.83 Cost.xls 11/19/98 i r July 14, 1998 Weld County Planning Department I 1400 North 17th Avenue Greeley, CO 80631 RE: Del Camino Junction Business Park PUD To Whom It May Concern: This letter authorizes Tuttle Applegate, Inc., to act in behalf of The Villa at Greeley, Inc. If you have any questions I may be reached at(970) 353-9263. Sincerely, John T. Coppom, PH.D. Administrator 4 • DEL CAPLINO JUNCTION BUSL ,ESS PARK DESIGN GUIDELINES INTRODUCTION: THE DEVELOPERS HAVE MADE A STRONG COMMITMENT TO ENSURE THAT DEL CAMINO JUNCTION BUSINESS PARK IS DEVELOPED TO MAXIMIZE A CAMPUS LIKE ATMOSPHERE TO THE ENTIRE DEVELOPMENT. THE INTENT OF THESE GUIDELINES IS MERELY A STARTING POINT FOR THE ARCHITECTURAL CONTROL COMMITTEE AS THE DEVELOPMENT IS CARRIED OUT. MANY RESTRICTIONS HAVE BEEN CITED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS. AS USERS ARE DEVELOPED IT IS ASSUMED THAT THESE GUIDELINES WILL BE OF ASSISTANCE TO THE INDIVIDUAL OWNERS AND DEVELOPERS OF THE LOTS, SO THAT CONTINUITY WILL FLOW THROUGHOUT THE ENTIRE AREA. I. SITE DEVELOPMENT: a) Grading and drainage plans will be reviewed by the ACC before any work is started. Grading will be done to preserve the natural contour of the land. Drainage will be done to coincide with the master drainage system. h) The placement on the lot of all structures will be approved by the ACC prior to any construction. All structures are to maintain the theme of a campus like configuration. c) Fencing will be allowed only on approval of the ACC. If chainlike type fencing is needed for security or other reasons, it will be covered by materials approved by the ACC. 2. LIGHTING: All lighting will be approved by the ACC. In general lighting of a nature to minimize glare will be used. No neon type signage will be permitted. 3. PARKING: Parking will be in accordance with Weld County standards. Parking areas will be screened from passing traffic and other structures as much as practical. All parking plans will be approved by the ACC who may impose stricter guidelines that the county. 4. CONSTRUCTION MATERIALS: Buildings will be constructed of masonry materials or other materials approved by the ACC. Metal structures will be covered with approved materials such as masonry covering on that part of the structure that is visible from the street way. Any roof mounted mechanical equipment will be shielded by the roof or screening placed for such purpose. 5. SIGNAGE: Signage will be approved by the ACC and will be consistent throughout the development. 6. COLORS: Colors on exterior surfaces will be approved by the ACC and in general will be earth tones to harmonize with the other structures in the development. 7. VARIANCES: No owner nor developer of any lot shall apply to the county for any variance in use or construction without prior approval of the ACC. The ACC may authorize variances from compliance with any of the provisions of these design guidelines or the declaration of covenants,conditions, and restrictions; including restrictions upon height,size, floor area or placement of structures,or similar restrictions. Such variances must be evidenced in writing,must be signed by two or more members of the ACC,and shall become effective upon their execution and recording. If a variance is granted,no violation of the covenants,conditions,and restrictions, or restrictions contained in this declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this declaration for any purpose except as to the particular property and particular provision hereof covered by the variance,nor shall it affect in any way the owner's obligation to comply with all governmental laws and regulations affecting use of a lot. 8. SETBACKS: All setbacks will be in accordance with the Final Development Plan. 9. LANDSCAPE AND IRRIGATION: All plantings will be done with approval of the ACC. Plantings will be used not only to enhance the overall landscape but to screen structures and parking areas as much as possible. The ACC will have developed with the landscape architect a list of approved types of planting but will also encourage creative use of plantings and other landscape techniques to enhance the property. Irrigation design will be reviewed by the ACC prior to any construction. 10. ACCELERATION AND DECELERATION LANES: Any requirements for acceleration or deceleration for entry to or exit from individual lots will be done at individual owners expense. 1 L EASEMENTS AND UTILITIES: All utility lines and connections shall be underground. Transformers and utility meters of any type shall be adequately screened from view and all installations of transformers and/or meters are subject to the prior approval of the ACC. The ACC shall have the right to require the owner to grant an easement for utilities within the setback area of his building and/or other improvements for the benefit of other owners. DECLARANT: DEL CAMINO JUNCTION DEVELOPMENT,INC. 1750 SIXTH AVENUE GREELEY CO 80631 BY: JOHN T. COPPOM ATTESTED: Subscribed to and sworn to before me this day of , 19 , by John T. Coppom, Manager of Del Camino Junction Development, Inc. Witness my hand and official seal. My commission expires: _ Notary Public DEL CAMINO JUNCTION BUSINESS PARK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TABLE OF CONTENTS STATEMENT OF PURPOSE- ARTICLE I. DECLARATION AND DEFINITIONS I SECTION 1.01 DECLARATION 1 SECTION 1.02 DEFINITIONS 1 ARTICLE IL NAME AND DESCRIPTION OF REAL ESTATE 3 SECTION 2.01 NAME 3 SECTION 2.02 DESCRIPTION OF REAL ESTATE 4 ARTICLE HI. OWNERS' ASSOCIATION 4 SECTION 3.01 AUTHORITY 4 SECTION 3.02 POWERS 4 SECTION 3.03 DEVELOPER CONTROL 4 ARTICLE IV. ASSOCIATION BUDGET 4 SECTION 4.01 FISCAL YEAR 4 SECTION 4.02 PREPARATION AND APPROVAL OF ANNUAL BUDGET 4 SECTION 4.03 BUDGET IT 5 SECTION 4.04 RESERVES 5 SECTION 4.05 EFFECT OF FAILURE TO PREPARE OR ADOPT BUDGET 5 SECTION 4.06 CAPITAL IMPROVEMENTS 5 SECTION 4.07 ACCOUNTS 6 ARTICLE V. ARCHITECTURAL CONTROL COMMITTEE 6 SECTION 5.01 DEL CAMINO BUSINESS PARK ARCHITECTURAL CONTROL COMMITTEE 6 SECTION 5.02 POWERS OF THE ARCHITECTURAL CONTROL COMMITTEE 6 SECTION 5.03 APPROVAL REQUIRED 7 SECTION 5.04 ARCHITECTURAL STANDARDS 7 SECTION 5.05 FEE 8 SECTION 5.06 COMPLETION OF WORK AFTER APPROVAL 8 SECTION 5.07 VIOLATIONS 8 SECTION 5.08 LIEN RIGHT 8 SECTION 5.09 RIGHT OF INSPECTION 9 SECTION 5.10 NO LIABILITY 9 ARTICLE VI. LOTS 9 SECTION 6.01 NUMBER OF LOTS 9 SECTION 6.02 IDENTIFICATION OF LOTS 9 SECTION 6.03 LOT BOUNDARIES 9 SECTION 6.04 DIVISION OR COMBINING OF LOTS 9 ARTICLE VII. COVENANT FOR ASSESSMENTS 10 SECTION 7.01 ASSESSMENTS 10 SECTION 7.02 ALLOCATION OF COMMON EXPENSES 10 SECTION 7.03 GENERAL ASSESSMENTS 10 SECTION 7.04 SPECIAL ASSESSMENT 10 SECTION 7.05 INDIVIDUAL LOT ASSESSMENT 11 SECTION 7.06 CAPITAL CONTRIBUTION 11 SECTION 7.07 EFFECT OF NON PAYMENT OF ASSESSMENT;REMEDIES 11 SECTION 7.08 OTHER REMEDIES 11 SECTION 7.09 CERTIFICATION OF PAYMENT 12 SECTION 7.10 EXAMINATION OF BOOKS AND RECORDS 12 SECTION 7.11 NOTICE TO MORTGAGEE 12 SECTION 7.12 NOTICE OF MEETINGS 12 SECTION 7.13 MORTGAGEE AS PROXY 12 SECTION 7.14 PAYMENT OF ASSESSMENTS BY MORTGAGEES 12 ARTICLE VIII.DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS 12 SECTION 8.01 DEVELOPMENT RIGHTS 12 SECTION 8.02 SPECIAL DECLARANT RIGHTS 13 ARTICLE IX.ALLOCATED INTERESTS 13 SECTION 9.01 ALLOCATION OF INTERESTS 13 SECTION 9.02 COMMON EXPENSES 13 ARTICLE X. RESTRICTIONS ON USE 13 SECTION 10.01 NUISANCES 13 SECTION 10.02 ANTENNAS 13 SECTION 10.03 OUTSIDE STORAGE 13 SECTION 10.04 SIGNS 14 SECTION 10.05 LOADING AND UNLOADING 14 SECTION 10.06 PARKING 14 SECTION 10.07 UTILITY CONNECTIONS 14 SECTION 10.08 TRASH AND WEEDS 14 SECTION 10.09 VEHICLES 14 SECTION 10.10 LIGHTING 15 SECTION 10.11 REFLECTIVE GLASS 15 ARTICLE XI. EASEMENTS AND LICENSES is SECTION 11.01 MEMBERS'EASEMENTS OF ENJOYMENT 15 SECTION 11.02 TITLE TO COMMON AREAS;ADDITIONS TO COMMON AREAS 16 SECTION 11.03 DELEGATION OF USE 17 SECTION 11.04 CHARGES AGAINST COMMON AREAS 17 ARTICLE XII. GENERAL PROVISIONS 17 SECTION 12.01 DURATION 17 SECTION 12.02 AMENDMENTS 17 SECTION 12.03 ENFORCEMENT 18 SECTION 12.04 NOTICES 18 SECTION 12.05 ATTORNEY'S FEES AND COSTS 18 SECTION 12.06 BINDING EFFECT 18 SECTION 12.07 POWER TO ASSIGN AND DELEGATE 18 SECTION 12.08 MERGERS 18 SECTION 12.09 ZONING AND SPECIFIC RESTRICTIONS 19 SECTION 12.10 SEVERABILITY 19 SECTION 12.11 GOVERNING LAW 19 EXHIBIT A 21 DEL CAMINO JUNCTION BUSINESS PARK CONDITIONS AND RESTRICTIONS DECLARATION OF COVENANTS Del Camino Junction Development, Inc., to be known at the "Declarant" makes this Declaration this day of March, 1999, and hereby states as follows: STATEMENT OF PURPOSE: Declarant is the Developer of certain real property which is more particularly described to wit: Lot "A" of amended recorded exemption number 1313-2-3-RE730 according to the map recorded April 8, 1987 in Book 1152 as Reception No. 2095052 being a portion of the SW 1/4 if Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, except Lot 11, of the Fort Junction PUD First Filing, Weld County, Colorado. A. The Declarant establishes this Declaration for this new community for the following purposes: • To create a planned community center with Common Areas for the benefit of the community, and its residents; • To provide for the preservation and maintenance of the Common Areas; • To provide a guide for the development that will preserve certain values while allowing change when appropriate; • To allow for self governing of the community by its owners; and • To create a common interest community that conforms to the Colorado Common Interest Ownership Act. ARTICLE I. DECLARATION AND DEFINITIONS Section 1.01 Declaration The Declarant, who is the owner of all the property described in the Plat, hereby submits the Plat and this Declaration of Covenants, Conditions and Restrictions for the establishment of a planned community under the Colorado Common Interest Ownership Act. The Declarant hereby declares that Del Camino Junction Business Park shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements of this Declaration, which shall run with the land and be binding on all parties and heirs, successors and assigns of parties having right, title or interest in all or any part of Del Camino Junction Business Park. Section 1.02 Definitions (a) "Act" refers to the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes § 38-33.3-101 et. Seq., the statute which governs the development and operations of this planned community. (b) "Architectural Control Committee" or"Committee" or "ACC" shall mean and refer to the Del Camino Junction Business Park Architectural Control Committee as established by Article V. Of this Declaration. © "Assessments" is the collective term for the following charges: • "General Assessment" is the amount allocated among all Members to meet the Association's annual budgeted expenses, as described in Article IV. • "Individual Lot Assessment" is a charge made to a particular Owner for charges relating only to that Lot, as provided in Article IV. • "Special Assessment"may be charged to each Lot for capital improvements or emergency expenses, in accordance with the provisions of Article IV. (d) "Association" is the Del Camino Junction Business Park Owners' Association, Inc., a Colorado nonprofit corporation, its successors and assigns. The Association, whose members are the Owners, is responsible for maintaining the community and enforcing the Declaration. (e) "Board" is the Executive Board of the Association. (f) "Building" means any structure intended for use and occupancy by Owners and Permittees that is constructed, erected, or placed on any Lot. (g) "Bylaws" are the Bylaws of the Association (h) "Common Areas" comprises real property within Del Camino Junction Business Park designated on the Final Plat (or any subsequent plat), or specifically conveyed to the Association, for the common use and enjoyment of all Owners. "Common Area" also includes any improvements on that real property, all utilities, utility easements and other easement rights or personal property for the Owners' common use, and any other property of any type specifically designated as Common Area. The Common Area is equivalent to the common elements under the Act and are not dedicated for use by the general public. (I) "Declarant" shall mean and refer to Del Camino Junction Development, INC., or such other person or entity that purchases all or a portion of the Property in more than one parcel if such person or entity assumes the obligations of Declarant under this Declaration and is designated successor Declarant in an instrument recorded with the Clerk and Recorder of Weld County, Colorado. (j) "Declaration" is this Declaration of Covenants, Conditions and restrictions for Del Camino Junction Business Park. (k) "Design Guidelines" are the Del Camino Junction Business Park Design Guidelines. (1) "Developer"Developer shall mean and refer Del Camino Junction Development, Inc, and its successors and assigns. (m) "Development" Development shall mean and refer to Del Camino Junction Business Park and all improvements thereon. (n) "Improvement"includes, but shall not be limited to, all structures and improvements of every type and kind including buildings, parking areas, parking structures, driveways, loading areas, signs, utilities, fences, walls, lawns, landscaping, antennas, satellite dishes, grading changes, recreational facilities, exterior lighting facilities, electrical transformers, waterways, holding ponds, and any other physical structures or changes of any type of kind to or upon any land within Del Camino Junction Business Park. (o) "Initial Lot Owner" is the record owner, other than Declarant, as of the date of this Declaration, whether one or more persons or entities, of the fee simple title to any Lot. Initial Lot Owners shall not include those having such interest merely as security for the performance of an obligation. (p)A"Lot"is the smallest parcel of land which may be separately conveyed and is equivalent to a"unit"under the Act. Ordinarily, Lots are designated as numbered, separately identifiable parcels on the recorded subdivision plat of Del Camino Junction Business Park. However, the Declarant may redefine Lots prior to sale to third parties by combining Lots or portions of Lots and adjusting the boundary of a Lot. (q)"Member." Each Owner is a Member of the Association, as provided in Article III. of this Declaration. (r)"Owner"is the record owner, whether one or more persons or entities, of the fee simple title to any Lot. Owners shall not include those having such interest merely as security for the performance of an obligation. (s) "Permittee" shall mean and refer to all tenants and occupants of Lots, customers, visitors, guests invitees, licensees nad subtenants thereof (t) "Del Camino Junction Business Park" is the real preperty shown in the Final Plat for Del Camino Junction Business Park as described on the first page of this Declaration, plus any additional property added by Supplemental Declaration. Del Camino Junction Business Park is a planned community under the Act. ARTICLE II. NAME AND DESCRIPTION OF REAL ESTATE Section 2.01 Name (a) Common Interest Community. The name of the Planned Community is Del Camino Junction Business Park. (b) Association. The name of the Association is the Del Camino Junction Owners' Association, Inc. Section 2.02 Description of Real Estate The Planned Community is located in Weld County., Colorado. The real estate of the Planned Community is described in the play, which was recorded on April 8, 1987, in the real estate records of Weld County at Reception Number 2095052 and as further described on attached Exhibit A. ARTICLE III. OWNERS' ASSOCIATION Section 3.01 Authority. The business affairs of Del Camino Junction Business Park 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 Del Camino Junction Business Park. (b) The Association may assign it future income, including its right to receive Common Expense assessments, only by the affirmative vote of the Lot Owner of Lots to which at least 51 percent of the votes in the Association are allocated, at a meeting called for that purpose. Section 3.03 Developer Control. The Developer shall have all the powers reserved to a Declarant pursuant to Section 38-33.3-305(5) of the Act to appoint and remove officers and members of the Executive Board. ARTICLE IV. ASSOCIATION BUDGET Section 4.01 Fiscal Year. The fiscal year of the Association shall begin January 1 of each year and end on December 31 of that year, unless the Board selects a different fiscal year. Section 4.02 Preparation and Approval of Annual Budget. (a)Initial Budget. The Declarant shall determine the budget for the fiscal year in which a Lot is first conveyed to an Owner other than the Declarant. (b) Subsequent Years. Beginning with the year in which a Lot is first conveyed to an Owner other than the Declarant and each year thereafter, at least one month before the end of the fiscal year,the Board shall, by majority vote, adopt a budget for the coming year and set the annual General Assessments at a level sufficient to meet the budget. At least two weeks before the fiscal year to which the budget applies, the Board shall send to each Member a copy of the budget in reasonably itemized form, which shall include the amount of General Assessments payable by each Member. Approval. If General Assessments are to be increased to greater than 125% of the previous year's General Assessment which was not a year in which General Assessments were guaranteed in whole or in part by Declarant, and petitions signed by at least 10% of all Members request review within thirty (30) days after the budget is delivered to Members, the Board shall call an Association Meeting to present the budget and to answer any questions. After presentation, the budget shall be deemed approved unless the percentage required to transact business is present and the budget is rejected by a majority of the Members present. If the budget is rejected, the Board shall approve a new budget within ten (10) days and send a copy to each Member. Section 4.03 Budget Items. The budget shall estimate total expenses to be incurred by the Association in carrying out its responsibilities. These expenses shall include, without limitation, the cost of wages, materials, insurance premiums, services, supplies and other expenses for the rendering of all services required by this Declaration or properly approved in accordance with this Declaration. The budget may also include reasonable amounts, as determined by the Board, for working capital for the Association and for reserves. If the Common Area is taxed separately from the Lots, the Association shall include such taxes as part of the budget. Fees for professional management of the Association, accounting services, legal counsel and other professional services may also be included in the budget. Section 4.04 Reserves. The Association may build up and maintain reserves for working capital, contingencies and replacement, which shall be included in the budget and collected as part of the annual General Assessment. Extraordinary expenses not originally included in the annual budget which may become necessary during the year shall be charged first against such reserves. Except in the event of an emergency, reserves accumulated for one purpose may not be expended for any other purpose unless approved by a majority vote of the Members. If the reserves are inadequate for any reason, including nonpayment of any Member's assessment, the Board may at any time levy an emergency assessment in accordance with the provisions of Section 9.4 ("Special Assessment"). If there is an excess of reserves at the end of the fiscal year and the Board so determines, the excess may be returned on a prorata basis to all Members who are current in payment of all assessments due the Association, or may be used to reduce the following year's assessments, at the Board's discretion. Section 4.05 Effect of Failure to Prepare or Adopt Budget The Board's failure or delay in preparing or adopting the annual budget for any fiscal year, or review of the budget under Section 4.02 shall not waive or release a Member's obligation to pay General Assessments whenever the amount of such assessments is finally determined. In the absence of an annual Association budget each Member shall continue to pay the assessment at the rate established for the previous fiscal period until notified otherwise. Section 4.06 Capital Improvements. Any substantial capital improvement to the Common Area approved by the Board must be ratified by a majority of the Members. If the substantial capital improvement is approved by the Members, the Board shall determine whether it shall be paid from General Assessments or by Special Assessment, A capital improvement shall be considered substantial if the cost to the Association of the improvement is more than six percent(6%)of the association's annual budget, or if, when added to other capital improvements for the fiscal year, totals more that ten percent (10%) of the Association's annual budget. However, any repair or replacement of existing improvements shall not be considered a capital improvement. Approval of the Del Camino Junction Business Park Architectural Control Committee is required for all capital improvements. This paragraph shall not limit the right of the Declarant to make improvements to the Common Area. Section 4.07 Accounts. Reserves shall be kept separate from other Association funds, either in a single account for all reserves or separated by purpose. All other sums collected by the Board with respect to Assessments and charges of all types may be commingled in a single fund. ARTICLE V. ARCHITECTURAL CONTROL COMMITTEE Section 5.01 Del Camino Junction Business Park Architectural Control Committee. The Architectural Control Committee shall consist of three or more persons, not to exceed five persons appointed by the Declarant, its successors or assigns. The Declarant, its successors or assigns shall have the absolute right to remove and appoint members of the Architectural Control Committee at any time. The members of the Architectural Control Committee shall, as long as the restrictions, covenants, and conditions herein set forth are in force and effect, perform the duties imposed on it as herein set forth. At any time while the restrictions, covenants, and conditions herein set forth remain in force and effect, the Declarant, its successors or assigns, may relinquish its powers to determine the number and members or the Architectural Control Committee to the Association. Such relinquishment may be accomplished by recording a declaration of such relinquishment in the office of the County Clerk and Recorder of Weld County, Colorado, and such relinquishment must occur no later than December 31, 2008. From and after such relinquishment, the number and members of the Architectural Control Committee shall be determined by the Board of Directors of the Association. Neither the members of the Architectural Control Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. Each member of the Architectural Control Committee shall have one(1)vote to be cast on any issue brought before the Committee for action. The quorum required for any action of the Architectural Control Committee shall be a simple majority of the members of the Architectural Control Committee assent of a simple majority of votes of the Committee members attending any meeting of the Architectural Control Committee shall constitute approval of any Committee action. Section 5.02 Powers of the Architectural Control Committee. So long as the Restrictions, Covenants, and Conditions herein set forth are in force and effect, the Architectural Control Committee shall have the following powers and privileges: (a) The Architectural Control Committee shall have such powers, privileges and immunities as are set forth in this Declaration and shall, additionally, have the power to adopt, from time to time, rules and regulations for the conduct and exercise of its business, rules and regulations for the conduct and exercise of its powers, privileges and immunities, and rules and regulations concerning the use of the Common Area and the Lots which shall not be in conflict with these Covenants. (b) The Architectural Control Committee shall have sole authority to approve or disapprove any modification of Buildings or Improvements within Del Camino Junction Business Park. CO The Architectural Control Committee shall have the power to adopt or amend the Del Camino Junction Business Park Design Guidelines providing such adoptions or amendments do not conflict with this Declaration or the quality and character of Del Camino Junction Business Park. (d) The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer or other professional person who is qualified to pass on the issues raised in the application. The Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. (e) The approval by the Architectural Control committee of any proposal or plan and specifications for any work to be done on a Lot shall not be deemed to constitute a waiver of any right to with hold approval or consent to any similar proposals, plans, specifications, drawings, or other matters subsequently or additionally submitted for approval by the same Owner or by any other Owner. Section 5.03 Approval Required The approval of the Architectural Control Committee shall be required for any Change in Existing State and no work shall begin on such Buildings or Improvements until the Architectural Control Committee shall approve the change. No proposed Change in Existing State shall be deemed to have been approved by the Architectural Control Committee unless such approval is in writing; provided, however, that such approval shall be deemed granted if the Architectural Control Committee fails to approve or disapprove any such proposed Change in Existing State or to make additional requirements or request additional information within thirty (30) days after a full and complete description of the proposed Change in Existing State has been furnished, together with a specific request for such approval. Any such request shall contain plans and specifications in such form and with such information as may be required by the Architectural Control Committee in its Design Guidelines. Section 5.04 Architectural Standards. The Architectural Control Committee shall prepare and furnish to any Owner written Del Camino Junction Business Park Design Guidelines which shall set forth the general purposes of the Architectural Control Committee in reviewing proposed Changes in Existing State, basic building and landscaping restrictions and requirements, architectural review procedures and requirements, and regulations pertaining to construction. Section 5.05 Fee. Each owner may be required to pay a fee to the Architectural Control Committee as a condition to approval of any Change in Existing State to cover costs and expenses in reviewing and commenting on proposals for any Change in Existing State. The amount of such fees shall be established by the Architectural Control Committee and shall be set forth in the Design Guidelines. Section 106 Completion of Work After Approval. After approval by the Architectural Control Committee of any proposed Change is Existing State, such Change in Existing State shall be accomplished promptly and diligently and in complete conformity with the description of the Change in Existing State and with any plans and specifications therefore given to the Architectural Control Committee. Failure complete approved Changes in Existing State within six (6) months after the date of such approval or to complete the proposed Change in Existing State strictly in accordance with the description thereof and the plans and specifications therefore shall operate automatically to revoke the approval of the Change in Existing State and, upon the demand by the Architectural Control Committee, the subject Lot shall be restored as nearly as possible to the state existing prior to any work in connection with the proposed Building or Improvement. The Architectural Control Committee shall have the right and authority to record a notice reflecting that Change in Existing State has not been approved or that any approval granted therefore has been revoked in accordance with this Section 5.06 Section 5.07 Violations. If there is any Building or Improvement constructed or made on any Lot otherwise than in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of the Article, Change in Existing State shall be deemed to have been undertaken in violation of this Article and without Approval required herein, and upon written notice from the Architectural Control Committee any such Change in Existing State upon any Lot in violation hereof shall be removed or altered so as to extinguish such violation or violations. Section 5.08 Lien Right. If fifteen(15)days after the notice of such Violation in regard to any Change in Existing State, the Owner of the Lot upon which such Violation exists shall not have taken reasonable steps to the removal or termination of the same, or at any time thereafter said Owner fails to diligently remove or terminate said Violation, and upon approval of seventy-five percent (75%) vote of the Board of Directors of the Association, the Association shall have the right, but not the obligation, through its agents and employees to enter upon such Lot and to take such steps as may be necessary to extinguish such Violation. The cost to correct such Violation ("Violation Cost") shall be a binding Personal obligation of such Owner. The costs to correct any Violation or violations shall include all costs of collection, including engineering fees, architectural fees, attorney's fees, or other professional fees incurred by the Association in connection with said Violation. If the Violation Cost is not paid within ten (10) days after the date of billing, the Violation Cost shall bear interest at the rate of eighteen percent (18%) per annum. The Association is hereby granted a lien against the Owner's Lot for the costs to correct any such Violation or Violations together with interest thereon and costs of collecting same which lien shall be superior to all other liens excepting any tax lien, any first mortgage (including Deed of Trust) recorded prior to the recording of the lien provided for heroin any lien resulting from delinquency or non-Payment of required assessments and any non- payment if Default Charges. Said lien shall lien resulting from be Properly recorded in the office of the Clerk and Recorder of Boulder County, Colorado. Said lien may be foreclosed upon as provided by the laws of the state of Colorado for foreclosure of mortgages on real property. Section 5.09 Right of Inspection. Any agent or employee of the Declarant, the Association and/or Architectural Control Committee may at any reasonable time or times enter upon and inspect any Lot or any Change in Existing State thereon for the purpose ascertaining whether the maintenance of such Lot and the maintenance, construction, or Changes in Existing State are in compliance with the provisions hereof; and neither the Architectural Control Committee or the Association, nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. Section 5.10 No Liability. No Member of the Architectural Control Committee, the Declarant, or any agent or employee thereof, shall be liable for any loss. Damage or injury rising Out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of such party. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or any other governmental rules or regulations applicable to the Property. ARTICLE VI. LOTS Section 6.01 Number of Lots. The number of Lots in Del Camino Junction Business Park is 19. The Developer reserves the right to create additional Lots as further provided in Article VIII. Section 6.02 Identification of Lots. The identification number of each Lot is shown on the Plat. Section 6.03 Lot Boundaries. The boundaries of each Lot are located as shown on the Plat. Section 6.04 Division or Combining of Lots. Except with respect to Lots owned by declarant, no lot may be subdivided nor may any Lot be combined with any other Lot or otherwise adjacent property without the written approval of the Executive Board. ARTICLE VII. COVENANT FOR ASSESSMENTS Section 7.01 Assessments. The Declarant, for each Lot owned within the property submitted to This Declaration or Supplemental Declaration to Del Camino Junction Business Park, hereby covenants, and each Owner of any Lot by acceptance of deed or other transfer instrument, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following (to be known collectively as "Assessments"): (a) General Assessments for expenses included in the budget, (b) Special Assessments for the purposes provided in this Declaration, and © Individual Lot Assessments for any charges particular to that Lot, together with a late fee and interest, as established by the Board, and cost of collection when delinquent, including a reasonable attorneys' fees whether or not suit is brought. Upon default in the payment of any one or more installments, the Board may accelerate the entire balance of such Assessment, which shall be declared due and payable in full. Section 7.02 Allocation of Common Expenses. Common Expenses shall be allocated equally among the Lots as provided Section 7.02 ("Allocation of Interests"). Section 7.03 General Assessments. (a) Establishment by Board. The Board shall set the date or dates such assessments become due and may provide for collection of assessments annually or in monthly, quarterly or semiannual installments. (b)Date of Commencement. The annual General Assessments shall begin no later than 120 days following the day of conveyance of the first Lot to an Owner other than the Declarant. The initial Assessment on any Lot subject to assessment shall be collected at the time title is conveyed to the Owner. During the initial year of ownership, each Owner shall be responsible for the prorata share of the annual General or Special Assessment charged to each Lot, prorated to the month of closing. Section 7.04 Special Assessment. In addition to the General Assessment, the Board may levy in any fiscal year a Special Assessment applicable to that year and not more than the next four succeeding years as follows: (a) Capital Improvements. Any substantial capital improvement which has been approved in accordance with Section 4.06 ("Capital Improvements") or any capital improvement not required to be approved by the Members may be paid by Special Assessment. (b) Emergency Assessment. By a two-thirds (2/3) vote, the Board may impose, a Special Assessment for any unusual or emergency maintenance or repair or other expense which this Declaration or the law requires the Association to pay(including, after depletion of reserves, any unexpected expenditures not provided by the budget or unanticipated increases in the amounts budgeted). Section 7.05 Individual Lot Assessment. The Association may levy at any time an Individual Lot Assessment against a particular Lot for the purpose of defraying, in whole or in part, the cost of any special services to that Lot, for expenses approved by the Association, or any other charges designated in this Declaration as an Individual Lot Assessment. Section 7.06 Capital Contribution. At the closing and transfer of title of each Lot to the first Owner other than the Declarant, the Owner shall contribute an amount equal to two months' assessments, or such greater amount as required by the Declarant by contract. This contribution shall be used by the Association for the purpose of initial and nonrecurring capital expenses of the Association and for providing initial working capital for the Association, shall not be considered as a pre-payment of assessments. Section 7.07 Effect of Non Payment of Assessment; Remedies. (a) Personal Obligation. All Assessments, together with any late fee, interest and cost of collection when delinquent, including a reasonable attorneys' fees whether or not suit is brought (collectively the"Assessment Charge") shall be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment was levied, and of each subsequent Owner. No Owner may waive or otherwise escape liability for the Assessment Charge by abandonment of the Lot. (b) Creation of Lien. The Assessment Charge shall also be charged on the land and shall be a continuing lien upon the Lot against which the Assessment Charge is made, which may be enforced upon recording of a claim of lien. This lien, in favor of the Association, shall secure the Assessment Charge which is then due and which may accrue subsequent to the recording of the claim of lien and prior to entry of final judgement of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the Assessment Charge on the land, whether or not a lien has been filed. © Suit for Payment; Foreclosure of Lien. The association may bring an action at law against the Owner personally obligated to pay the Assessment Charge, or may foreclose the lien in a manner similar to a mortgage lien, or both. The Association, acting on behalf of the Owners, shall have the power to bid for an interest in any Lot foreclosed at such foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot. Section 7.08 Other Remedies. The Association shall have the right to assess fines and suspend the voting rights and right to use of the Common Area by an Owner for any period during which any Assessment against his Lot remains unpaid. Any unpaid fines shall be treated as an Assessment Charge as provided in Section 7.07 (b) above. Section 7.09 Certification of Payment. The treasurer of the Association, upon request of any Owner, shall furnish a certificate signed by a member of the Board stating whether any assessments are paid to date by that Owner. Such certificate, when co-signed by the secretary of the Association, may be relied upon by a good faith purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated to have been paid. Section 7.10 Examination of Books and Records. A First Mortgagee shall have the right to examine the books and records of the Association upon reasonable advance notice. Section 7.11 Notice to Mortgagee. Upon request of a mortgagee of any Lot, the Association shall report to such mortgagee any unpaid Assessments or other default under the terms of this Declaration which are not cured by said mortgagee's mortgagor within thirty (30) days. A may by charged by the Association to the mortgagee. Section 7.12 Notice of Meetings. Any first mortgagee of a Lot, upon written request, shall be entitled to written notice of all Association meetings and be permitted to send a representative to such meetings. Section 7.13 Mortgagee as Proxy. Each Owner shall have the right to irrevocably constitute and appoint the beneficiary of a trust deed to his true and lawful attorney to cast his vote in this Association at any and all meetings of the Association and to vest in the beneficiary any and all rights, privileges and powers that he has as Owner under the Articles of Incorporation and Bylaws of the Association or by virtue of the recorded Declaration of Covenants, Conditions, and Restrictions. Such proxy shall become effective upon the filing of notice by the beneficiary with the secretary of the Association at such time or times as the beneficiary shall deem its security in jeopardy by reasons of failure, neglect or refusal of the Association, the managing agent or the Owners to carry out their duties as set forth in the Declaration of Covenants, Conditions and Restrictions. A release of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein shall be construed to relieve an Owner as mortgagor of his duties and obligations as an Owner or to impose upon the beneficiary of the deed of trust the duties and obligations of an Owner. Section 7.14 Payment of Assessments by Mortgagees. Mortgagees of a Lot may,jointly, or singly, pay taxed, assessments or other charges which are in default and which may or have become a charge against any Lot. ARTICLE VIII. DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS. Section 8.01 Development Rights. Developer reserves the right to create additional Lots, Common Elements or Limited Common Elements and withdraw real estate from Del Camino Junction Business Park. Section 8.02 Special Declarant Rights. Developer reserves the right to complete the improvements within Del Camino Junction Business Park, exercise the Development Rights described in Section 8.01 maintain sales offices, models, spec buildings, or management offices within Del Camino Junction Business Park, use easements through common areas for the purpose of making improvements, appoint or remove officers or directors during the period of Developer control, make Del Camino Junction Business Park subject to a Master Association, or merge or consolidate Del Camino Junction Business Park with another common interest community. ARTICLE IX. ALLOCATED INTERESTS Section 9.01 Allocation of Interests. The common expenses of the Association and the voting rights of its members shall be allocated according to Lot ownership. Section 9.02 Common Expenses. Common Expenses shall be allocated equally among the Lots in Del Camino Junction Business Park. With each Lot in Del Camino Junction Business Park bearing 1/19th of the total common expenses, provided, however, that should the total number of Lots change, this allocation shall be modified to equally allocate expenses among the Lots. Section 9.03 Voting. Each Owner shall be entitled to one vote for each Lot owned. ARTICLE X. RESTRICTIONS ON USE Section 10.01 Nuisances. No obnoxious, illegal, dangerous or offensive trade, services or activities shall be conducted on a lot not shall anything be done thereon which may be or become and annoyance or nuisance to the Owners or Permittees of any Lot within Del Camino Junction Business Park by reason or unsightliness or the excessive omission of fumes, odors, glare, vibration, gases, radiation, dust liquid waste, smoke or noise. Section 10.02 Antennas. No exterior television, radio or satellite or other communications antennas, dishes or aerials of any type shall be placed, allowed or maintained on any portion of a Lot without the prior written approval of the Architectural Control Committee. If the ACC grants such approval it may, at its discretion, require appropriate screening as a condition of its approval. Section 10.03 Outside Storage. No materials, supplies, equipment, finished or semi-finished products or articles of any nature shall be stored or permitted to remain on any Lot outside of the Buildings without the prior written approval of the Architectural Control Committee. If the ACC grants such approval it may, at its discretion, require appropriate screening, including fencing, shrubs, hedges, or other foliage as necessary to keep the Lot in a neat and attractive condition. Section 10.04 Signs. All signs shall conform to the Design Guidelines, if any, adopted by the Architectural Control Committee and all applicable laws and governmental regulations. No signs shall be permitted anywhere within Milky Way Business Park without the express written approval of the Architectural Control Committee. Section 10.05 Loading and Unloading. All vehicles shall be parked within the Lot when loading and unloading. No loading dock shall be erected on the side of any building facing a public street or access easement unless approved, in writing, by the Architectural Control Committee. Section 10.06 Parking. Each Owner shall provide adequate on site parking for all of such owners Permittees and the location, number and size of parking spaces shall be subject to approval of the Architectural Control Committee. All on site parking, access drives and loading areas shall be paved and graded to assure proper drainage. No parking shall be permitted on any public street or access easement except with the prior written approval of the ACC. Section 10.07 Utility Connections. All utility lines and connections shall be underground. Transformers and utility meters of any type shall be adequately screened from view and all installations of transformers and/or meters are subject to the prior approval of the Architectural Control Committee. The ACC may require the Owner to grant an easement for utilities within the set back area of such Owner's building and/or other improvements for the benefit of the other Owners or the Association. Section 10.08 Trash and Weeds. Each Owner shall provide for the prompt collection and removal of trash from their Lot at the Owner's expense. The Owner of any Lot shall keep the premises free of trash, refuse, obnoxious weeds, or debris of any kind, whether said Lot is improved, vacant or occupied. If any Owner does not keep their Lot in a neat and orderly and acceptable condition, the ACC, after written notice to the Owner, may under take any necessary cleanup or other action that the ACC deems appropriate and the Owner shall be held responsible for any and all charges or expenses incurred by the ACC as a result of such cleanup or action. Section 10.09 Vehicles. Abandoned or inoperable vehicles shall not be stored or parked on any Lot. "Abandoned or Inoperable Vehicle: shall mean any vehicle which has not been driven under its own propulsion for the period described or set forth by the Colorado law, or for a period of one week, whichever period is shorter. A written notice describing the abandoned or inoperable vehicle and requesting the removal thereof shall be personally served upon the owner of the vehicle or Lot or posted on the vehicle. If such vehicle is not moved with 48 hours of the service or posting of such notice, the Association or the ACC shall have the right to remove the vehicle and without liability to it and the expense thereof shall be charged to the owner of the vehicle or Lot. All unsightly or oversized vehicles, snow removal equipment, yard or garden maintenance equipment and other unsightly or oversized equipment and machinery shall be stored inside a Building unless otherwise approved by the ACC. Section 10.10 Lighting. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare. To the extent practicable, no lighting shall extend beyond the Lot boundaries. All lighting shall conform to the specifications of the Design Guidelines. Section 10.11 Reflective Glass. No reflective glass shall be utilized in any Change in Existing State unless otherwise approved by the ACC. ARTICLE XI. EASEMENTS AND LICENSES Section 11.01 Members'Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot. However, no right or easement of enjoyment shall arise in any portion of the Common areas until that portion of said Common Area has been conveyed to the Association and the deed conveying the same has been recorded on the records of the Clerk and Recorder of Weld County, Colorado. The rights and easements of enjoyment created hereby shall be subject to the following: (a) All easements, reservations, restrictions, covenants and agreements of record affecting the Development as of the date and time of the recording of this document; and (b) The right of the Association to prescribe reasonable rules and regulations governing use of the Property and the Common Area and providing rules for use by Members, Members' families, tenants, tenants' families and guests; and © The right of the Association to limit the number of guests of Members; and (d) The right of the Declarant and the Association, in accordance with its articles and Bylaws, to borrow money for the purpose of improving the Common area and in aid thereof to mortgage the Common Area, or parts thereof, provided that any such mortgage shall require the written approval of seventy-five percent (75%) of the first mortgagees. In the event of a default upon any such mortgage, the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admissions and other fees as a condition to continued enjoyment by the Members until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association, and all rights of the Members hereunder shall be fully restored; and (e) The right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; and (f) The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any Member or his family, tenant, tenant's family or guests for any 18 period during which any Assessment of the Member remains unpaid and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (g)The right of the Association to charge Members, Members' families, tenants and guests reasonable admission and other fees for the use of the Common Areas; and (h) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by not less than 75% of the Members. No such dedication or transfer shall be effective unless an instrument signed by seventy-five percent (75%) of the first mortgagees has been recorded agreeing to such dedication or transfer. (I) The right of the Declarant or its assigns, employees and contractors to enter upon the Common Areas and install, construct, maintain, repair, replace and operate drainage facilities. Section 11.02 Title to Common Areas;Addition to Common Areas. The Declarant covenants for itself, its successors and assign that Declarant will convey fee simple title to the Common areas to the Association, free and clear of all encumbrances and liens on or before January 1, 2002. The Declarant, or the Declarant's assigns, may convey additional property to the Association, which property shall be accepted by the Association and held as part of the Common Areas; provided, however, that the Association shall not be required to accept the conveyance of any such additional property unless the said additional property is located within the Development and, unless at the time of conveyance of the said additional property, said property is improved and landscaped to meet the requirements, if any, of the governmental authorities having jurisdiction or the Board of Directors of the Association shall have obtained assurances satisfactory to it that such work will be accomplished. The Board of Directors may at any time accept the conveyance of additional properties which do not meet the foregoing standards if the Board of Directors determines that such action would be beneficial to the Members. The Association agrees to accept the Common Areas as conveyed and to operate, maintain and repair all structures, landscaping, paths and related facilities and amenities now or hereafter constructed, installed or planted thereon, using its powers of assessment granted herein to raise funds with which to do so. Specifically, the Association shall be responsible for the following: (a) The operation, maintenance and repair of any structures, signs, landscaping and related facilities and amenities now or hereafter constructed, installed or planted upon the Development; and (b) The operation, maintenance and repair of any structures, facilities, landscaping and appurtenances thereto (including, specifically, drainage or storm sewer facilities, and inlet 19 or outlet structures therefore constructed or installed in or on the Common Areas, and in or on easements attaching or appurtenant thereto. The acquisition and maintenance of the liability insurance described and provided for in this declaration. Section 11.03 Delegation of Use Any member may delegate, in accordance with this Declaration, his rights of enjoyment to the Common Areas to the members of his family, his tenants, or contract purchasers who reside on his Lot. Section 11.04 Charges Against Common Areas. Mortgages,jointly or singularly, may pay over-due premiums on hazard insurance policies or secure new hazard insurance coverage on a lapse of a policy for such Common Areas and may also pay taxes and other charges which are in default or which may have become a charge against such Common Areas. A first mortgagee making such payments shall be owed immediate reimbursement therefore from the Association. ARTICLE XII. GENERAL PROVISIONS Section 12.01 Duration. The Covenants, Conditions and Restrictions of this Declaration shall run with the land, and shall inure to the benefit of the Association and the Owner of any Lot subject to this Declaration, their respective legal representatives, heir, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time these covenants shall be automatically extended for successive periods often(10) years unless an instrument terminating these Covenants and Restrictions signed by the then Owners of seventy-five percent (75%) of the Lots and seventy- five percent(75%)of the first mortgagee has been recorded prior to the commencement of any ten year period. Section 12.02 Amendments. These Covenants and Restrictions may be amended by an instrument executed on behalf of the Association by the President and attested by the Secretary; provided that, any amendment shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Any amendment must be properly recorded. The quorum required for any action authorized by this Section shall be as follows: (a) At the first meeting called, as provided for in this Section, the presence at the meeting of Members or of proxies entitled to cast sixty percent (60%) of all the votes of the Membership shall constitute a quorum. If the required quorum is not forthcoming at this meeting, another meeting may be called, subject to the notice requirements set forth above and the required quorum at such subsequent meeting shall be one-half('h) of the required 20 quorum at the preceding meeting; provided, that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 12.03 Enforcement. The Association, any Owner, Architectural Control Committee and/or the Declarant, may enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or thereafter imposed by the provisions of the Declaration, either to prevent or restrain any violation of same, or to recover damages or other dues for such violation, or to obtain such other relief as may be available. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 12.04 Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, post-paid, to the last known address of the person who appeared as a Member or Owner on the roster of the Association at the time of such mailing. Section 12.05 Attorney's Fees and Costs. If any action is brought in a court of law or put into arbitration as to the enforcement, interpretation, or construction of any of these Covenants, Conditions and Restrictions, the prevailing party in such action shall be entitled to recovery of engineering fees, architectural fees, attorney's fees, or other professional fees as well as all costs incurred in the prosecution or defense of such action. Section 12.06 Binding Effect. The benefits and duties herein accrued to or imposed upon the Declarant shall be binding upon and inure to the benefit of the Declarant and its successors and assigns. Section 12.07 Power to Assign and Delegate. Declarant shall have the right and power to assign and delegate to any person or entity its successors and assigns, at any time and from time to time, all or part of any of the rights, powers, authorities, title, interest, and duties contained in this Declaration. Section 12.08 Mergers. Upon a merger or consolidation of the Association with another Association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may by operation of law, be added to the Property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidation association shall administer the covenants and restrictions established by this Declaration together with the covenants and restrictions established upon any other properties a one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants, established by this Declaration except as hereinafter provided. 21 Section 12.09 Zoning and Specific Restrictions. The restrictions contained in this Amended Declaration shall not be taken as permitting any action prohibited by the applicable zoning laws, or the laws, rules or regulation of any governmental authority, or by specific restrictions imposed by any deed or lease. In the event of any conflict between the provisions of this Declaration and restrictive provisions of such laws, rules, regulations, deeds, an/or leases, the most restrictive provision or provisions shall apply. Section 12.10 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. Section 12.11 Governing Law. This Declaration shall be constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the undersigned does hereby make this Declaration of Covenants, Conditions and Restrictions for Del Camino Junction Business Park and has caused this Declaration to be executed as of the day and year first above written. DECLARANT/DEVELOPER: Del Camino Junction Development, Inc. By: John T. Coppom, Vice President and Administrator 22 STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1998, by JOHN T. COPPOM, Vice President, Administrator of Del Camino Junction Development, Inc. WITNESS my hand and official seal. My commission expires: Notary Public 23 EXHIBIT A A certain parcel of land more particularly described as Lot "A" of amended recorded exemption number 1313-2-3-RE730 according to the map recorded April 8, 1987 in Book 1152 as Reception No. 2095052 being a portion of the SW 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, except Lot 11, of the Fort Junction PUD First Filing, Weld County, Colorado. Subject to the Following: All easements and encumbrances of record including all easements and licenses shown on the Plat. _.em. 24 24 yin e es_ \ , -SJr P - ,,i( t i k v\ThttleApplegate,Inc. , 9 Consultants for Land,Mineral and Water Developme f ,, U11elt1 C0Unti/PSI May 6, 1998 a+�r1Jn.1 Deft. ,.J° 1-i PsiIAY0N1998 ,i Julie Chester, Current Planner Weld County Planning Department C I VEAL/1400 North 17th Avenue Greeley, CO 80631 RE: Property located in part of the SW'/4 of Section 2, T2N, R68W if the 6th P.M., Weld County, Colorado; located south of and adjacent to WCR 24'/2 and north of State Highway 119: aka Villa Property �i. Dear Ms. Chester: :�� Our firm represents the Villa of Greeley and as you are aware they own property at the above described location. In preparing an application submittal to Weld County it is vital that our firm and the County are in agreement with regard to the proper procedures necessary to realize development at this location. i�t )U Shani indicated she spoke to you on the phone today, and that you stated that the property is zoned Planned Unit Development(PUD), but you were unable to locate the zoning files to fully „,.J ;;t' describe what uses were allowed under the PUD. Could you please confirm the zoning, since it ` i t is an essential component in determining the necessary County development procedures. ' -"2 i Assuming the PUD zoning would allow for our proposed commercial and industrial type uses, , 7, 't' of and the uses conformed with the original Change of Zone, it would seem logical to only comply 2; eL,'A with the Sketch Plan and Final Plat of the PUD process (Ordinance 191). It would seem re- , ` ) dundent to proceed through a new Change of Zone if our uses comply with the existing zone,2< district. Please confirm this analysis. The subject property also lies within the Intergovernmental Agreement (IGA) area of the Town '1 i i of Firestone. Since the zoning of the property was approved by the Board of County Commissioners prior to the adoption of the IGA it could be assumed that this property is not subject to the agreement and is vested through the County. Please confirm this. I also L .l '-' understand that a confirmation of this aspect may require the involvement of the County C�` t �y ti Attorney's Office and the Board of County Commissioners. - .i t,,G(7 13 .,' 11990 Grant Street, Suite 304 • Denver, Colorado 80233• (303) 452-6611 • Fax (303) 452-2759 Julie Chester,Current Planner Weld County Planning Page 2 of 2 I very much appreciate your assistance. If you have questions for me about the above request, please call me. It is our anticipation to submit an application request to the County as soon as possible. The above information and clarification of the planning processes will greatly enhance our ability to submit such an application. Once again thank you for your time. Sincerely, TUTTLE APPLEGATE, INC. Werj Gary 7. Tuttle CC: File#97-131 Monica Daniels-Mika, Director, Department of Planning Lee Morrison, Assistant County Attorney John Coppom, Villa at Greeley 71httleApplegate,Inc. Weld county Planning Dept. Consultants for Land,Mineral and Water Development September 2, 1998 SEP 0 3 1998 Monica Daniels-Mika, Director Weld County Planning Department • t! Y ED 1400 North 17t Avenue Greeley, CO 80631 RE: Del Camino Junction Business Park; a parcel of land described as Lot 1 of Ft. Junction PUD and Lot A of RE-730 located in a portion of the SW4 of Section 2, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Monica: This letter is written to obtain clarification as to the correct application process to obtain Final Plat approval for the above described property. It has recently come to the attention of our office that a new Ordinance has been adopted by Weld County that effects our development. That Ordinance, as you know, is Ordinance 89ii. Ordinance 89ii describes the Transition to the Planned Unit Development Ordinance. In reviewing Ordinance 89ii we would like you to confirm the following as they relate to our development: 1. The Final Plat submittal for Del Camino Junction Business Park PUD shall adhere to Section 28 of Ordinance 89 (Weld County Zoning Ordinance). 2. Del Camino Junction Business Park is not subject to Ordinance 195 (IGA Agreement), Ordinance 201(IGA Baseline Standards), Ordinance 191 (MUD Ordinance) and Ordinance 197 (PUD Ordinance). We would appreciate a timely response to this letter as our Final Plat application submittal will be effected by your clarification. Respectfully, TUTTLE APPLEGATE, INC. G uttle cc: Lee Morrison, Assistant Weld County Attorney John Coppom, Del Camino Junction Development, Inc. File#98-162 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 "'111""""'' <S'91, lc MS '31/ dsvA,NO 71ittleApplegate,lnc. ,fi Consultants for Land, Mineral and Water Development October 1, 1998 001 0 1998 Monica Daniels Mika, Director Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Del Camino Junction Business Park PUD Final Plat Pre-Application Meeting Dear Monica: Thank you for meeting yesterday with myself, Gary Tuttle, Jolm Coppom and Harry Asmus with regards to the above mentioned application. Your time, consideration and comments were very much appreciated. This letter is written to confirm certain aspects of our meeting which influences the submittal of our Final Plat application. As you will recall we discussed several issues. As you stated in the meeting, we will submit our Final Plat application to the County in accordance with Ordinance 89II, Section 28 of the Weld County Zoning Ordinance. Under Ordinance 89II the development is not subject to the MUD Standards or the IGA with Firestone at this time. You indicated that you were in support of this concept. Additionally, you stated that while the overall development is not subject to the MUD, that each individual lot, through the Site Plan Review process, will need to adhere to the MUD and the South Weld County Land Use Plan (Ordinance 201) baseline standards. You also discussed with us the ability to appeal to the Joint Board of Appeals if we can not adhere to the restrictive baseline standards of the South Weld County Land Use Plan. Additionally, you indicated that Ordinance 201 is the plan as referred to in the Interim Planning Agreement with Firestone, Frederick and Dacono (Ordinance 195). The second item we discussed was the design of Open Space within the development. As you stated, Ordinance 89II does not give a percentage of Open Space requirement with commercial/industrial development. The only stipulation for any type of open space is with reference to overall lot coverage, which can not exceed 85%. As we discussed the amount of total open space will be reduced in our Final Plat submittal. You stated that you were in agreement with this. 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 Monica Daniels Mika October 1, 1998 Page 2 of 3 The use of building envelopes was the third item of discussion. You indicated that the main reason for building envelopes was to notify potential owners of the gasoline easement running north/south through the property. After further discussion you also indicated that the building envelopes could also help potential owners realize that a good portion of the lot will be consumed with stringent landscaping criteria. As we discussed this is an issue that we will work on together to determine if building envelopes are necessary or if this concept can be incorporated into the text of the PUD Final Plan Application. The forth item focused on the Right to Farm Covenant. You indicated that the occupants of this development need to be aware that this is an agricultural community. Occasional crop spill on the road or noxious odors will not subjected to cease because of urban development. We understand your concern and will address this Covenant through our Final Development Plan. The fifth item of discussion focussed on the Law Enforcement Authority that was required as part of the Change of Zone. We discussed that this issue may be addressed through a written acknowledgment with the Weld County Sheriffs Office. The need to upgrade Weld County Road 24%was the sixth item of discussion. You indicated that we should meet with Don Carroll, Weld County Public Works, prior to submittal of our Final Plan to address any additional upgrades to this County road. We also discussed the need for the County, in the staff Final Plan report to the County Commissioners, to explain this project and reasoning behind the procedures that we are using. We also discussed that this report will acknowledge that the County staff encouraged this development to follow Section 28 of Ordinance 89II. The last item of discussion focused on the ability to interpret the regulations to make sound and quality judgments. Specifically, we discussed the ability to utilize the regulations to make good decisions on the overall design of the project and within each lot. You agreed that while each rule may not be completely followed, the "spirit" of each will be adhered to. We believe that this letter is an accurate account of the more important items that we discussed with you. If you believe otherwise, please inform us so that we can submit a complete and accurate Final Plat application. It is our intent to work with Weld County throughout this process to reach a quality land development project. • Monica Daniels Mika October 1, 1998 Page 3 of 3 As I stated previously, it was a pleasure meeting with you. We understand that your are very busy and we appreciate you taking time out of your busy schedule to meet with us on this project. We look forward to submitting the Final Plat to you and Weld County. Sincerely, T,UTTLE APPLEGATE, INC. i _i't- _LI •1 / 11ani L. Eastin - anner cc: John Coppom, Del Camino Junction Development Inc. Harry Asmus, Del Camino Junction Development Inc. File #98-162 Weld County Planning Dept. -� OCT 2 3 1998 TuttleApplegete,lnc. D E Cr E i v E D Consultants for Land, Mineral and Water Development October 21, 1998 Monica Daniels-Mika, Director Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Ordinance 201: Coordinated Planning Agreement for Referral and Enforcement Procedures and Uniform Baseline Standards Dear Monica: We have been reviewing the above described Ordinance with relationship to our development Del Camino Junction Business Park. In reviewing this Ordinance we need clarification of certain items as they pertain to our development and also to future developments. Additionally, we understand that you are currently revising this document. If this is the case we hope that the comments presented can be incorporated into any revisions to the document. We would also like to be notified of any public hearings in regards to this document so that we may have an opportunity to present our comments to the appropriate board. The following are the questions/comments that we have with relationship to Ordinance 201: 1. Section 3.4.1 discusses the need for 10% of the parking area to be landscaped. This 10% is in addition to the overall 20%of the site being landscaped. This figure of 10% is quite extensive. Our experience in urban areas is that parking areas only are required to have 5% of the parking lot landscaped and that this figure can be incorporated into the total landscaping requirement. Could you please evaluate this criteria for consistency with other surrounding urban areas. We think that you will find that the criteria as presented in Ordinance 201 is very strict and that true urban areas, such as the Cities of'Greeley, Loveland and Longmont, do not have such high standards. 2. Section 3.5.6.3 discusses the need for screening of elements of the development that lie along the ground plane as far as 180 feet from the right-of-way line. Consideration is taken for elevation that is above I-25 but no reference to topography issues lower than I-25 exists. Our concern is that if there are numerous areas along the 1-25 corridor that sit lower than 1-25 that a berm would need to be constructed relatively high to adequately screen the development as presented in Ordinance 201. We would suggest that alternatives to berming should be considered. A possibility of additional tree plantings could be one remedy. 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 Monica Dangles-Mika Weld County Planning Department October 20, 1998 Page 2 of 3 3. Section 3.5.6.1 discusses the minimum landscape setback along the Primary Roadway Corridors. Section 3.5.6.1 states that a minimum of 50 feet is required. Figure 7 depicts the setback criteria and also a building line. This building line appears to represent where r7 the building placement can be. However, Section 5.3 would seem to indicate that the setback requirement for the building is 150 feet. Could you please clarify this discrepancy. Additionally, the diagram showing setbacks from secondary roads is also misleading in comparison to building setbacks and the building line description. 4. Figure 5 in Section 3 depicts parking lot arrangement and the preferred site layout of parking lots. If parking lots are discouraged from being in the front of a building, shouldn't an allowance be made on the setback of the building if the parking lot is located on the side or rear of the building? We believe it should and would request that the setback requirements make an allowance for the placement of the building closer to the front setback if the parking lot is accommodated in the rear or side of the building. 5. Section 5.5 illustrates the setback criteria for buildings and commercial parking lots. Under the commercial and industrial headings, with relationship to buildings, two asterisks appear(*). However, no asterisk appears under the chart to indicate what the asterisk means. Our assumption is that is has something to do with setback reductions if additional landscaping is proposed. The same problem exists in Section 5.b'. Could you please clarify this. 6: Section 8.9.1 discusses the makeup of the IGA Joint Board of Appeals. It is unclear what exactly a representative is. We would recommend that the representative be a citizen and not a government employee. This concept is similar to other government appointed boards. 3/ We would like you to reconsider the setbacks from primary roadways if the property is adjacent to a primary roadway on more than one side. For example, Lots 17. 18 and 19 of our development, Del Camino Junction Business Park, front both 1-25 and the Frontage Road. If the setback of the building is enforced as written in Ordinance 201 then the building location on each of these lots can not be met. Basically, each of these lots will cross with setback placements. Could you please re-evaluate the setback requirements when a lot fronts more than one primary road? In the larger sense, we believe that the 150 foot: setback is not workable for lots along 1-25 and the Frontage Road. A 150 foot setback would be applicable for lots larger than seven acres. Lots of this size would be for large warehouses, +250 room hotels, and corporate camp uses. The demand for these types of users is very limited. We imagine that most of the lots platted and being planned along 1-25 are smaller than five acres therefore the new Board of appeals will be deluged with variance applications. Monica Daniles-Mika Weld County Planning Department October 20, 1998 Page 3 of 3 8. Have all of the participating communities signed Ordinance 201? If so, could you please indicate the actual effective date of this Ordinance. 9. It is our understanding that Ordinance 201 is being amended. Could you please confirm this and also provide us with the proposed amendments and hearing dates? As always, we appreciate your time and consideration of our comments and questions. We would appreciate a timely response to our letter. As you are aware we are working on our Final Plat application for Del Camino Junction Business Park and the questions posed to you in this letter need to be clarified so that our application can adhere to the rules and regulations of Weld County. Once again, thank you for your prompt attention to this matter. Cordially, TUTTLE APPLEGATE, INC. Gary . T the cc: ee Morrison, Assistant Weld County Attorney John Coppom,Del Camino .function Development Corporation, Inc. File#98-162 1 7_>c� is vi. fw ® - Weld County Planning Dept. DEC 0 9 1998 TuttleApplegate,Inc. H►EE C E I V E D Consultarts for Land,Mineral and Water Development December 7, 1998 Monica Daniels-Mika, Director Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Final Submittal Items for Del Camino Junction Business Park Dear Monica: As you are aware, our firm has submitted an application for a PUD Final Plan for Del Camino Junction Business Park. In making this application submittal you indicated that we would have to adhere to the requirements of the Change of Zone. One of the requirements was plat note number M, which stated that the PUT) Final Plan should meet the requirements of the Rural Ditch and the Colorado Geological Survey. We have been in contact with the Rural Ditch president, Frank Sewald, and he indicated that his Board meets only once a year in February. Frank said that only the ditch board has the authority to approve our crossings. Frank and the Rural Ditch's lawyer will receive the crossing plans this week. Generally, if you keep stormwater out of the ditch, have a sound engineering design, and pay the $2,000 fee; the ditch board will approve the crossing. We will continue to press Frank for comments and maybe the ditch board will have a special meeting for us. In addition, the ditch board will only review final construction plans, which we have recently completed and submitted to you. When I reviewed the Change of Zone referrals I did not find one from the Rural Ditch so it is unclear what the criteria was during the Change of Zone. Considering the rural Ditch's schedule, it seems appropriate to take the Ditch's comments during the referral process of the PUD Final Plan. It is our intent to work with the Rural Ditch to answer their questions associated with the development. In regards to the Colorado Geological Survey requirements, I have attached the referral response from the Survey when the Change of Zone was approved. As you will see the criteria is vague. 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 Monica Daniels-Mika,Director Weld County Planning December 7,1998 Do you think it is possible for the Survey to re-evaluate our Final Plan through the referral? This would help clarify the requirements of the Survey. If you have any other suggestions or comments on how to proceed with these issues please call me. I am hopeful that with this information and the letter from Sheriff Jordan, that you can start the review process of our Final PUD submittal. As always, I appreciate all of your assistance. Sincerely, TUTTLE APPLEGATE, INC. Shani L. Bastin Planner CC: John Coppom, Del Camino Junction Development TA File #98-162 Enclosures: Memo from Sheriff Jordan Geological Survey Referral Responses 7littleApplegate,Inc. Consultants for Land, Mineral and Water Development February 4, 1999 Weld County Planning Dept. FEB ,u 8 1999 Ms. Monica Daniels-Mika Director RECEIVED Weld County Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Del Camino Junction Business Park; Common Open Space Dear Monica: After our meeting on February 2, I remain puzzled about the 20% common open space requirement you are imposing upon the individual lots. I have looked back through the Mixed Use Area Development Standards to make better sense of the meaning for common open space. Since the land was zoned and platted with a first filing prior to the MUD Development Standards, we do agree that the Final PUD Plan and the Final Plat are not subject to these standards. However, we do disagree that these standards can be applied on a lot by lot basis during site plan review. Nevertheless, my reading of the common open space regulations (Section 2.3) of the MUD Development Standards clearly indicates that common open space is usable land available to the owners in the subdivision or to the general public in adjoining areas. Common open space is landscaped and is open for the use and enjoyment of more than just the lot owner. Figure 2.2 clearly shows how common open space should be planned into a commercial subdivision. The exhibit says that"common open space connects the development by providing enjoyable space and adequate buffering". Although a non-residential PUD may include landscape setbacks in the common open space, these regulations clearly imply to me that having common open space entirely on individual lots would not meet the intent of the requirements in this ordinance. Therefore, common open space is a development plan issue to be addressed at the Change of Zone stage. Since we have already passed that stage in 1989, common open space does not apply on a lot-by-lot basis. Since we both decided to use the old PUD Regulations, we have not included any common open space. Block 2 of our development does contain some ground owned in common by the property owners association for a detention pond. Clearly this does not amount to 20% of the subdivision and we limited this land strictly to the needs of stormwater detention. 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 Ms. Monica Daniels-Mika Director Weld County Planning Services February 4, 1999 Page 2 I know you have read this section of the ordinance several times to reach your conclusion. I would ask that you read it again in light of my comments and reevaluate your conclusion. This is a major point and has significant impacts upon the development of each lot. You have required that we show locations for oil and gas facilities or provide proof of exclusive ownership of the minerals. We have stated that the minerals are leased to HS Resources. HS Resources has a well just to the east of our east boundary line, which pulls the gas from under the applicant's land. Our inspection of the zoning and subdivision ordinances shows no requirement to locate future oil and gas facilities. If the lessee wishes to drill a well on this land, it is a contractual matter between two private parties. The terms of the lease and state law for access to mineral rights will apply. We understand the ramifications of the oil and gas lease and it is the applicant's problem. Since the land is zoned for commercial and industrial, a Special. Use Permit is required for drilling a well. We believe such a permit would require special considerations for setbacks, landscaping, noise, and visual impact to insure compatibility with surrounding uses. The Comprehensive Plan encourages cooperation between landowners and oil and gas companies. You have sent official notice to HS Resources and have received no response. We have met with them to determine their future plans for drilling here and they have no plans. It is not reasonable to reserve prime zoned land for oil and gas facilities, which may not occur. If HS Resources ever wishes to drill a well, we could locate it the drainage easements, along the Rural Ditch, or in the outlots of Block 1. These are possibilities, which could be noted on the Final PUD Plan, but they are not specific reservations. I hope such a plan note demonstrates adequate consideration to the remote possibility of well. I hope we can discuss this further. Cordially, TUTTLE APPLEGATE, INC. Gary . T the GJT/ cc: File#98-162 Michael.Brand, Del Camino Junction Development, Inc. 7thttleApplegate,Inc. Consultants for Land,Mineral and Water Development February 17, 1999 Weld County Planning Dept. Monica Daniels-Mika Weld County Planning Department FEB 2 3 'mg 1400 North 17th Avenue Greeley, CO 80631 RECEIVED RE: Del Camino Junction Business Park wr► �/ Dear Monica: I have reviewed your recommendation for Del Camino Junction Park PUD Final Plat marked draft, reid (revised), dated 2-2-99. The following comments are in regards to your draft recommendations. The comments are numbered to correspond with the numbering in your recommendation: • Page 2: 1 —We are currently working with the Rural Ditch Board. The Board has reviewed the construction plans for the culverts and flumes at their annual meeting on February 13, 1999. The Board approved the plans with the conditions that their engineer sign-off on the plans. Once we have meet with the Ditch engineer, the signed approval will be forwarded to your office. • Page 2: 2a—We believe that the proposed PUD Final Plan is consistent with the PUD District in that commercial and industrial uses are proposed. The original zoning allowed for commercial and light industrial uses. Additionally, the surrounding land uses are commercial and industrial in nature. The property to the south is zoned commercial and approved for a convenience store and fast food restaurant. The property to the east is annexed and zoned in the Town of Firestone to allow for commercial activity. I-25 mainline lies to the west, which is a high intensity use. • Page 2: 2b—The Law Enforcement Authority need has been discussed with Ed Jordan, Weld County Sheriff. A memo was attached in our Final Plat submittal from Sheriff Jordan that stated a Law Enforcement Authority was not needed. It was our understanding, in speaking with you, that through the Final Plat approval that this Change of Zone Condition of Approval could be removed by the Board of County Commissioners. It is our belief that we have adequately addressed this condition. as% • Page 2: 2c—We believe that this development is compatible with the existing and future ,- development of the surrounding area. The surrounding area is planned for or is currently Lia zoned for commercial and industrial uses. _ C 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 'r'N'auuoAeg0V9N3d Monica Daniels-Mika Weld County Planning February 17, 1999 Page 2 of 3 This land was zoned prior to the adoption of a Master Plan by the Town of Firestone. The Town's statement that this zoning does not agree with Firestone's Plan cannot be an issue. • Page 3: 2d—The development does conform to the Performance Standards as described in Section 35.3.1 of the Weld County Zoning Ordinance. The PUD has been designed to be compatible with future uses of the surrounding area. • Page 4: lb—Through engineered foundation reports, which are required for building permits, it will be demonstrated that the buildings will accommodate soil conditions. We request that this condition be removed. • Page 4: ld—My letter sent to you dated February 4, 1999, addresses our position in regards to oil and gas locations. As I stated in my letter, our inspection of the zoning and subdivision ordinances shows no requirement to locate future oil and gas facilities. If the lessee wishes to drill a well on this land, it is a contractual matter between two private parties. The terms of the lease and state law for access to mineral rights will apply. Additionally, since the land is zoned commercial and industrial, a Special Use Permit is required per the Weld County Zoning Ordinance for drilling a well. • Page 4: if—Through review of County Ordinances and the zoning case, it appears that the evaluation for a commercial mineral deposit under this property occurred at the Change of Zone in 1989. Colorado State Revised Statutes 34-1-305 state that after July 1, 1973, no Board of County Commissioners shall by zoning or rezoning permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the future extraction. Clearly the rezoning of property to PUD for commercial and industrial uses interferes with the extraction of sand and gravel. This State Statute is based on House Bill 1529 passed in 1973. In our last meeting, you have expressed doubt about the conclusion of the 1989 and 1998 referral letter from the Colorado Geological Survey. In 1989, the Weld County Commissioners, having the referral letter from the Colorado Geological Survey and knowing of the State law, determined that this property did not contain a commercial mineral deposit and rezoned it for industrial and commercial purposes. We believe that the question of a commercial mineral deposit on this property has already been answered by Weld County. On February 10, 1999 we spoke to Cecilia Greenman of the Colorado Geological Survey. Ms. Greenman stated that when the County rezoned the property, that the viability of extracting the mineral deposit was determined. She further stated that the Survey will evaluate and make comments on mineral deposits, but they do not consider what step in the development process the referral will be used. Ms. Greenman does not wish to comment further on this application. • Page 4: le—Attached, you will find an approved access permit from the Colorado Department of Transportation. We request this condition be removed. • Page 4: lh —Evidence will be submitted to your office after our meeting with the Ditch engineer. Monica Daniels-Mika Weld County Planning February 17, 1999 Page 3 of 3 • Page 5: 2b—In previous meetings with you it was indicated that the intent of the MUD Standards would apply to this development. As such, a 20 foot setback, consistent with MUD Standard 2.6.4 number 2g is being proposed. Could you please change this condition to be consistent with the MUD Plan or just remove the condition? • Page 5: 2d—Building envelopes have been clearly labeled on the Plat Map. Please delete this condition. • Page 5: 2e—In conversation with you in our meeting of February 2nd, you indicated that a trail was not necessary because it was not included in the Change of Zone Plan. The trail has been removed from the development plan. Please remove this condition. • Page 5: 2f—This condition is previously stated in condition 2.a.2. Additionally, the plat map has been amended to show all right-of-ways. Please remove this condition. • Page 5: 2g—This condition is addressed previously in my comments under the heading, Page 4: ld. • Page 5: 2h —The roadway cross section, in accordance with the MUD Figure 2.10, has been added to the Final Plan Map. Please remove this condition. • Page 5: 2i—Lot 12 has been labeled on the map as an outlot and non-buildable. Please remove this condition. • Page 6: 3h —With the use of a proper alarm system as you suggested the on-site security company is not necessary. Please delete the second sentence of this paragraph. • Page 6: 4a-e—We believe that the Site Plan Reviews should be submitted in conformance with the approved Final Plat. Could this condition be changed to read that"All Site Plan Reviews shall be reviewed in conformance with the Approved Final Plat"? Thank you for supplying us with your draft staff report. It allows us to clarify some of the questions. Maybe we should meet prior to the March 2"d Planning Commission hearing to review our case. Cordially, TUTTLE APPLEGATE, INC. G/ate Gary J. Tuttle GJT/sjr Encs. cc: File#98-162 John Coppom, Del Camino Junction Development, Inc. Michael Brand, Del Camino Junction Development, Inc. Hello